The proposed special use is consistent with the general intent of the town's Master Plan and with each of the specific purposes set forth in this chapter.

The location, size and use of the structures involved, nature and intensity of the operations involved and size and layout of the site in relation to the proposed special use are such that it will be compatible with the orderly development of the use district.

The operation of the proposed special use is no more objectionable to the uses of nearby properties, by reason of dust or smoke emission, noise, odors, fumes, pollution of air or water, including subsurface waters, unsightliness or similar conditions, than would be the operation of any permitted use.

The proposed special use satisfies each and all standards and conditions specified for such special use by the relevant provisions of this article.

The Planning Board may impose additional conditions or restrictions as it may deem necessary prior to approving any special use permit application in order to protect public health and safety, the quality of the town's natural resource base and the value of property. The Code Enforcement Officer shall make an on-site visit to each property authorized as a special use not less than one time each year. The purpose of said site visit is to ensure that the use is being operated in accord with the conditions specified by the Planning Board. If the Code Enforcement Officer shall determine that a violation of this chapter or the conditions imposed by the Planning Board exists, the certificate of occupancy and/or certificate of compliance shall be null and void. A new special use permit application shall be required to be submitted and approved prior to the reestablishment of said use.

No site preparation or construction shall commence nor shall existing structures be occupied for any special permit use until final site plan approval has been granted by the Planning Board and permits have been issued by all governmental agencies involved.

All special use permits will be subject to review and renewal by the Town Planning Board on change of ownership of the original application.

Essential services, as defined in § 135-8 herein, may be allowed as a special permit use in any zone district upon the approval of a special use permit by the Planning Board.

The Planning Board shall determine the following prior to approving a special use permit:

In addition to the information required in the special permit application and enumerated in § 135-26 herein, the site plan submitted shall also show the location and number of fuel tanks to be installed, the dimensions and capacity of each storage tank, the depth the tanks will be placed below the ground and number and location of fuel pumps to be installed.

Such uses shall be screened from adjacent uses by a buffer area not less than 10 feet in depth composed of densely planted evergreen shrubbery, solid fencing or a combination of both which, in the opinion of the Planning Board, will be adequate to prevent the transmission of headlight glare across the district boundary line. The Planning Board shall determine on an individual case basis how close to the right-of-way the landscaped buffer shall be required to be installed. Such buffer screen shall have a minimum height of six feet above the ground. If said shrubbery becomes decayed and fails to provide an adequate screen, the Code Enforcement Officer shall direct the property owner to replace said shrubs.

The entire area of the site traveled by motor vehicles shall be hard surfaced.

All repairs of motor vehicles, except for minor servicing, shall be performed in a fully enclosed building. No motor vehicle parts or partially dismantled motor vehicles shall be stored outside of an enclosed building.

Motor vehicle service stations may include facilities for the sale of food, household items and convenience merchandise, provided that the sale of such items takes place entirely within an enclosed building.

No commercial parking shall be allowed on the premises of a motor vehicle service station or auto repair shop.

Accessory goods for sale may be displayed on the pump island and the building island only. The outdoor display of oil cans and/or antifreeze and similar products may be displayed on the respective island if provided for in a suitable stand or rack.

No building or structure, including gasoline pumps or automotive service appliances, shall be erected within 40 feet of any street line.

No motor vehicle service station or auto repair shop may display more than four unregistered vehicles for sale or repair outside of an enclosed building at any one time.

No motor vehicle service station or auto repair shop shall have more than two driveways on any public street fronting the site. The driveway width on any street shall not exceed 1/3 of the total site frontage on each street.

No driveway shall be closer than 50 feet to the intersection of two street corner lot lines or within 20 feet of an adjacent lot line.

No motor vehicle service station or auto repair shop and no driveway to any such use shall be established within 200 feet of the boundary line of any residential district or of any school, church, park, playground, public library or any place of public assembly designed for the simultaneous use of 100 persons or more, regardless of the district where the subject premises are located. For the purposes of this section, the distance shall be measured along the street line on the side of the street where such use is proposed or such driveway would cross.

No motor vehicle service station and no outdoor gasoline or oil pump or automotive service appliance shall be established on a lot that is within 1,000 feet of another lot measured along the same street frontage on which there is an existing motor vehicle service station or outdoor gasoline or oil pump or other automotive service establishment; or of another lot for which a building permit has been issued for the erection of a motor vehicle service establishment.

In addition to the information required in the special permit application and enumerated in § 135-25 herein, the site plan submitted shall also show the location of any businesses that sell new or used vehicles as each business shall be separated by no less than 1,000 feet. The site plan must also provide a layout of vehicles and a maximum number of vehicles for sale on the lot at any given time.

Such sales may be conducted in a fully enclosed permanent structure located on the same lot devoted to the sales of vehicles.

The sale of used vehicles may be carried on in an unenclosed area, provided that:

All service and/or repairs of motor vehicles shall be performed in a fully enclosed building. No motor vehicle parts or partially dismantled motor vehicles shall be stored outside of an enclosed building.

No establishment for the sale of used vehicles shall be opened, conducted or maintained, except as provided above. Site plans for any changes required to bring about such conformance shall be submitted to and approved by the Planning Board before any such change shall be made. The Planning Board may approve, modify or disapprove such plans and may impose reasonable and appropriate conditions before such approval is granted, so that the spirit of this chapter shall be observed.

A statement setting forth the details of the operation of the use.

The applicant shall provide the Planning Board with evidence of approval, certificate of need, license or other similar document required to initiate or expand such a use from any and all appropriate regulating agencies.

The proposal shall meet the minimum area and yard requirements for such uses as specified in Schedule I of this chapter.[1]

The proposed use shall meet the minimum off-street parking and loading and unloading requirements of this chapter, as well as provisions for landscaping, buffering, signs and accessways.

The Planning Board, in considering the request for a special use permit, may impose conditions it deems necessary to protect the health, safety and public welfare of the town.

General requirements. No site preparation or construction shall commence nor shall existing structures be occupied until final site plan approval has been granted by the Planning Board and permits have been issued by all governmental agencies involved. The following general requirements and standards shall govern the review and approval of site plans for townhouse clusters or developments:

Minimum standards for townhouse clusters or developments.

Building standards.

Townhouse parking standards.

Size of townhouse dwelling units. The minimum habitable floor area for all townhouse dwelling units shall conform to the minimum requirements specified in § 135-45E(2)(a)[4].

Landscape site design standards.

Site circulation system design standards.

Miscellaneous townhouse regulations.

Special accessory uses. The following special accessory uses may be established for the common and exclusive use of owners of townhouse residences and their guests. Such special accessory uses shall be operated on a not-for-profit basis and subject to the approval of the Planning Board:

A site development plan shall be submitted in conformance with the requirements of Article V of this chapter.

The minimum tract size shall be 15 acres.

The lot size, yard, area and height requirements shall be established on an individual case basis which reflects the unique conditions of each site proposed for development, the potential impact on adjacent properties and to ensure consistency with the Town Master Plan.

The number of lots or units (density of development) in a cluster plan shall not exceed that which could be created under a conventional development plan for the same tract of land.

The developers shall set aside an area of not less than 20% of the gross acreage of the tract to be devoted exclusively to permanent recreation areas or open space.

All recreation or open space areas shall, in the opinion of the Planning Board, be suitable for such use. The ownership and future maintenance of such recreation areas shall be subject to the approval of the Town Board or offered for dedication to the town.

In determining the overall density to be allowed for a residential site, all areas of the site, including those lying within the Limited Development Overlay (LDO) District, will be included. However, no lot shall be approved for development where said lot would lie entirely within the LDO boundary unless it is shown that clustering is not feasible or that such development would not have a potentially large adverse impact on the environment.

Coin-operated vehicle washers. These washers are intended to be those where the vehicle operator washes the vehicle by using a hose which is geared to a coin-operated, timed mechanism.

Automatic vehicle washers. These vehicle washers are intended to be those where the vehicle is either slowly driven through or pulled through by an automatic chain mechanism. This vehicle washer is one in which the vehicle operator does not perform any of the washing function other than to drive the vehicle where necessary.

Operators of car wash establishments may be permitted to sell gasoline on the site of the car wash property. The Planning Board in considering such a request may require the operator to submit additional information to adequately describe the location and operation of such activity and, as a condition of granting such approval, may impose any conditions it deems necessary to protect the health and safety of motorists and pedestrians and to protect adjacent properties from potential adverse impacts of such use. Under no conditions shall the operator be allowed to perform repairs to motor vehicles on the site. Further, any merchandise available for sale shall be maintained within a fully enclosed building.

No rooming house shall provide shelter for more than four tenants who are not family members.

Off-street parking shall be provided as follows: at least two spaces for the family residing on the premises, plus not less than one additional space for each roomer.

One building identification sign up to six square feet in area may be permitted on the premises. Such sign may not be illuminated, except indirectly.

The Planning Board shall specify the minimum amount and location of buffer screening to ensure that the use does not create a nuisance for adjoining property owners.

The Planning Board recognizes that the need for alternative energy sources is becoming more of a significant factor in modem life. The Planning Board also recognizes the significant visual impact of windmills on the surrounding environment. The following regulations are intended to balance the need for alternative energies while taking into consideration the impact to the community. The Planning Board may approve a special use permit for a windmill, wind turbine or wind generator in the following districts: AR-2 and RR-1 Residential Districts; CC Community Commercial District; and LI Light Industrial and GI General Industrial Districts. All windmill applications are subject to site plan review. The number and size of the towers are specified in the following regulations and apply to residential or commercial use windmills. These regulations do allow multiple generator units on a single tower for use of horizontal-type wind turbines. The Planning Board may approve the special use permit, provided that the following standards and provisions are maintained:

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

Any building proposed to be converted to create additional living units shall have not less than 2,000 square feet of gross floor area.

No more than four living units shall be created by conversion within any individual structure.

The conversion shall comply with the requirements of the Uniform Code and this chapter.

The minimum habitable floor area for living units shall be:

Any parcel of land with an existing single-family dwelling proposed to be converted to create additional dwelling units shall have an area of not less than 1 1/2 acres in the RR-1 Rural Residential District and 40,000 square feet in the MR Multiple Residence District.

The Planning Board shall determine that water supply and sanitary sewer services are adequate to support the additional density with documentation supplied by the applicant.

The Planning Board shall determine that the street system serving the site is adequate to carry the anticipated traffic flows and that the proposal will not create a burden or nuisance for adjoining property owners.

Not less than two off-street parking spaces shall be provided for each independent housekeeping unit.

The Planning Board shall specify the minimum amount and location of landscaping and buffer screening to be provided to ensure that the use does not create a nuisance for adjoining property owners.

The minimum lot size, frontage and setback requirements shall conform to the specifications set forth in the schedule of this chapter.

Each unit of a duplex shall be served with separate utility meters and shut-off valves.

In cases where eight or more duplex structures are planned for a subdivision, the Planning Board shall carefully consider the need for two access points to the subdivision and require them, if needed.

Each duplex structure shall have its own individual driveway access to a public street.

Each dwelling unit in a duplex structure shall have not less than two off-street parking areas.

The minimum living area to be provided in each duplex unit shall equal or exceed the minimum area required for single-family dwellings.

Each duplex unit shall be landscaped to effectively screen dissimilar uses from one another and to protect and enhance the overall quality of the existing neighborhood.

The Planning Board shall determine that the neighborhood character of the site proposed for duplex units is appropriate for such use and that plans for water supply, sewage disposal and storm drainage are capable of serving the proposed use.

The Planning Board shall determine that the street system serving the site is adequate to carry the anticipated traffic flows and that the proposal will not create a burden or nuisance for adjoining property owners.

The Planning Board shall specify the minimum amount and location of landscaping and buffer screening to be provided to ensure that the use does not create a nuisance for adjoining property owners.

No site preparation or construction shall commence until final site approval has been granted by the Planning Board and permits issued by all governmental agencies involved.

Each beauty shop or barbershop shall have separate waiting and work station areas. In addition, each shop shall comply with the requirements of the New York State Uniform Code.

In addition to customary hair care services, barbershop and beauty shops may also provide physical (e.g. aerobic) exercise equipment stations and tanning services, provided that they are located in separate areas of the building.

Barbershop and beauty shops may sell merchandise associated with their hair care and/or personal health care services.

In the event that instructional physical exercise classes are offered, the physical exercise room shall have a separate external entrance to the building. The floor area used for physical exercise purposes may not exceed by more than twice the floor area devoted to barbershop or beauty shop use.

One building identification sign up to 12 square feet in area may be permitted. Such sign may not be internally illuminated.

Two off-street parking spaces per barber chair or beauty station work area, plus one off-street parking space for each two chairs in the waiting area. In addition, where there is a separate tanning area, one off-street parking space shall be required for every two tanning booths.

One off-street parking space shall also be provided for each employee.

One off-street parking space shall be provided for each 150 square feet of floor area devoted to physical exercise use.

In the event that an outdoor hot tub is proposed as an accessory use to the beauty shop or barbershop, such facility shall meet the standards required elsewhere in this chapter for a swimming pool and shall be screened from any adjacent property.

The Planning Board shall specify the minimum amount and location of landscaping or screening for off-street parking to ensure that the use does not create a nuisance for adjoining property owners.

All other governmental approvals have been obtained by the applicant to operate a nursery or day-care use.

The building shall meet the requirements of the New York State Uniform Code.

On-site recreational facilities shall be provided and maintained for the exclusive use of members. Such area shall be physically separate from on-site parking areas or driveways and screened from adjacent properties.

One off-street parking space shall be provided for each employee. In addition, one off-street parking space shall be provided for every two nonrelated children attending the nursery or day-care facility.

One building identification sign up to 12 square feet in area may be permitted. Such sign may not be internally illuminated.

A site plan is approved showing the location on the property for buildings, open storage of vehicles, customer parking areas and areas devoted to the on-site servicing of the rental vehicles.

There shall be no on-site storage of any related customer equipment, materials or vehicles.

All repairs and service (including vehicle washing) shall be within an enclosed building, except for gasoline dispensing units.

All gasoline sales shall be restricted to vehicles rented. There shall be no sale of gasoline or oil products to the general public.

All open storage of rental vehicles shall be in either the side or rear yards of the site. All open storage areas shall also be screened from any adjacent noncommercial site.

Any rental vehicle may be offered for sale to the public at any time. However, in no event shall the sale of trucks, trailers or recreational vehicles be allowed to become the principal use of the site without first obtaining a permit and site plan approval for the sale, lease or rental of vehicles as otherwise required in the CC Community Commercial District.

One building identification sign up to the maximum square feet allowed for signs in the CC Community Commercial District specified in Article XIII of this chapter.

Self-service gasoline units may be allowed as an accessory use to any motor vehicle service station, convenience store or car wash.

The operation of all self-service gasoline units must be supervised by a full-time employee.

All bulk storage permits must be obtained by the owner from the New York State Department of Environmental Conservation.

All self-service gasoline units shall contain automatic shut-off nozzles and the sales be recorded from within the principal use on the site. In addition, all such units shall have safety flushing devices in accordance with Uniform Code Standards or National Fire Protection Association (NFPA) Standards, to include automatic shut-offs in the event of an emergency.

The Planning Board, in considering a request for a special use permit and site plan approval, may require the operator to submit additional information to adequately describe the location and operation of such activity and, as a condition of granting such approval, may impose any conditions it deems necessary to protect the health and safety of motorists and pedestrians and to protect adjacent properties from potential adverse impacts of such use. Except for motor vehicle service stations, there shall be no repairs to motor vehicles allowed on the site. Further, any merchandise available for sale shall be maintained within a fully enclosed building.

A price sign for the gasoline being sold shall be affixed to each dispensing unit and sized to sign standards contained in this chapter.

The applicant shall submit a written statement setting forth the details of the operation of the proposed use.

The applicant shall provide the Planning Board with evidence of approval, license or other similar document required to initiate or expand such a use from any and all appropriate regulating agencies.

The proposal shall meet the minimum yard requirements for such uses as specified in the schedule.

The proposed use shall meet the minimum off-street parking and loading and unloading requirements of this chapter, as well as the provisions for landscaping, buffering, sign controls and accessway requirements, which limits each such use to only one accessway from the highway.

Lighting shall be provided in a manner so as to minimize potential disturbance to adjacent properties and roadways.

The location of all on-site refuse containers shall be identified and maintained. In addition, any dumpster shall be enclosed and effectively screened from adjacent properties.

Any outdoor eating area shall be maintained, landscaped and physically separated from any off-street parking area or driveway. In no event shall outdoor eating be allowed unless the site has a dust-free (paved) parking surface.

The Planning Board, in considering the request for a special use permit, may impose conditions it deems necessary to protect the health, safety and public welfare of the town.

The minimum size lot shall be two acres.

The proposed site plan shall meet the minimum setback requirements for other uses as permitted in the LI District and as contained in the Zoning Schedule.[1]

The maximum number of individual storage bays allowed for each mini-warehouse structure shall not exceed 200 feet in linear building length.

All surfaces shall be paved, maintained and well drained to approved drainage facilities.

All units shall be adequately lighted, both exterior and interior. There shall be interior lighting for each storage unit. Interior lighting may be on a time device to permit automatic shut-off. No exterior lighting shall be allowed to cause glare on any adjacent site.

Each mini-storage unit shall be clearly identified and the owner shall maintain records of all occupied units.

No mini-warehouse unit shall be allowed to store any hazardous material.

No mini-warehouse unit shall be used for vehicle repairs or body work.

Adequate landscaping shall be provided to minimize the visual impact of the warehousing structure on adjacent sites.

Signage shall be permitted to identify the business and provide information where to contact the owner and as otherwise regulated in Article XIII of this chapter.

Application of special permit regulations:

Shared use of existing tall structures. At all times, shared use of existing tall structures (for example municipal water towers, multi-story buildings, church steeples, farm silos, etc.) and existing or approved towers [see Subsection A(2) above] shall be preferred to the construction of new towers.

New telecommunication towers. The Planning Board may consider a new telecommunication tower when the applicant demonstrates that shared use of an existing tall structure or existing and approved tower is impractical. An applicant shall be required to present an adequate report inventorying all existing tall structures and existing or approved towers within a reasonable distance of the proposed site. This distance shall be determined by the Planning Board in consultation with the applicant. The report shall outline opportunities for shared use of these existing facilities as an alternative to a proposed new tower. The report shall demonstrate good faith efforts to secure shared use from the owner of each existing tall structure and existing and approved telecommunication tower as well as documentation of the physical, technical and/or financial reasons why shared usage is not practical in each case. Written requests and responses for shared usage shall be provided.

Shared usage of an existing tower site for placement of a new tower. Where shared usage of an existing tall structure or existing and approved telecommunication tower is found to be impractical, the applicant shall investigate shared usage of an existing tower site for its ability to accommodate a new tower and accessory uses. Documentation and conditions shall be in accordance with Subsection C above. Any proposal for a new tower shall also be subject to the requirements of Subsections G through V below.

New tower at a new location. The Planning Board may consider a new telecommunication tower on a site not previously developed with an existing tower when the applicant demonstrates that shared use of existing tall structures or existing and approved telecommunication towers is impractical, and submits a report as described in Subsection C above; and when the Planning Board determines that shared use of an existing tower site for a new tower is undesirable based upon the applicant's investigation in accordance with Subsection D above. Any proposal for a new telecommunication tower shall also be subject to the requirements of Subsections G through V below.

New towers: future use. The applicant shall design a proposed new telecommunication tower to accommodate future demand for reception and transmitting facilities. The applicant shall submit to the Planning Board a letter of intent committing the owner of the proposed new tower, and his/her successors in interest, to negotiate in good faith for shared use of the proposed tower by other telecommunication providers in the future. This letter shall be filed with the Building Inspector prior to issuance of a building permit. Failure to abide by the conditions outlined in the letter may be grounds for revocation of the special permit. The letter shall commit the new owner and his/her successors in interest to:

Site plan review: submission requirements.

Lot size and setbacks. All proposed telecommunication towers and accessory structures shall be located on a single parcel per Schedule I of this chapter and shall be set back from abutting parcels and street lines a distance sufficient to substantially contain on site all ice-fall or debris from tower failure and preserve the privacy of any adjoining residential properties.

Visual impact assessment. The Planning Board shall require the applicant to undertake a visual impact assessment which may include:

New tower design. Alternative designs shall be considered for new towers, including lattice and single-pole structures. The design of a proposed new tower shall comply with the following:

Existing vegetation. Existing on-site vegetation shall be preserved to the maximum extent possible. No cutting of trees exceeding four inches in diameter (measured at a height of four feet off the ground) shall take place prior to the approval of the special permit.

Screening. Deciduous or evergreen tree plantings may be required to screen portions of the tower and accessory structures from nearby residential property as well as from public sites known to include important views or vistas. Where a site abuts a residential property or public property, including streets, screening shall be required.

Access. Adequate emergency and service access shall be provided and approved by the local fire chief. Maximum use of existing roads, public or private, shall be made. Road construction shall, at all times, minimize ground disturbance.

Parking. Parking shall be provided to assure adequate emergency and service access. The Planning Board shall determine the number of required spaces based upon a recommendation from the applicant. No parking spaces shall be located in any required open or green space.

Fencing. The tower and any accessory structures shall be adequately enclosed by a fence of not less than eight feet in height above ground level, a design of which shall be approved by the Planning Board.

Removal. The applicant shall submit to the Planning Board a letter of intent committing the tower owner, and his/her successors in interest, to notify the building inspector within 30 days of the discontinuance of use of the tower. This letter shall be filed with the building inspector prior to issuance of a building permit (assuming the telecommunication tower is approved according to this section). Obsolete or unused towers and accessory structures shall be removed from any site within three months of such notification. Failure to notify and/or to remove the obsolete or unused tower in accordance with these regulations shall be a violation of this chapter and shall be punishable according to Article XIV.

Intermunicipal notification for new towers. In order to keep neighboring municipalities informed, and to facilitate the possibility of directing that an existing tall structure or existing and approved telecommunication tower in a neighboring municipality be considered for shared use, and to assist in the continued development of County 911 services, the Planning Board shall have an applicant who proposes a new telecommunication tower notify, in writing, the Town of East Bloomfield legislative board, the Ontario County Planning Board and the Ontario County 911 services.

Notification of nearby landowners. The applicant shall be required to mail notice of the public hearing directly to all landowners whose property is located within 200 feet of the property line of the parcel on which a new tower is proposed. Notice shall also be mailed to the administrator of any state or federal parklands from which the proposed tower would be visible if constructed. Notification, in all cases, shall be made by certified mail. Documentation of this notification shall be submitted to the Board prior to the public hearing.

Exceptions. The following communication towers are excepted from the provisions of this section:

Time limit. The Planning Board, when considering a special use permit for the erection and maintenance of a communication tower, may place a time period on the special use permit that is being requested. Said time limit shall clearly stipulate the conditions imposed with granting the special use permit and the basis for the Planning Board not to renew said permit for another specified time period.

Assurances. The Planning Board may, as a condition of special use permit approval, require the applicant to provide a letter of credit, performance bond or other financial guaranty to the Town that funds will be available for the town's use to remove said structure in the event of noncompliance with the provisions of this chapter.

Fees. The applicant shall be charged a communication tower application fee which shall be determined by the Town Board as contained in the official fee schedule. An annual renewal charge for a permit to operate a communication tower will be determined by the Town Board as contained in the official fee schedule.

The Town Planning Board shall determine that not more than 25% of the site area proposed for use as a camping ground contains prime agricultural soils as defined by the Ontario County Soil Conservation Service.

Camping grounds are to be used exclusively for recreation, vacation or travel purposes. Campgrounds may contain cabins, A-frames and other similar structures, as well as travel trailers, pickup coaches, motor homes, camping trailers, recreational vehicles and tents suitable for temporary habitation. No permanent external appurtenances, such as carports, cabanas or patios, may be attached to any travel trailer or other vehicular accommodation parked in a camping ground. The removal of wheels and the placement of a unit on a foundation in a camping ground is prohibited. No travel trailer or recreational vehicle in excess of 50 feet in length shall be permitted in any camping ground.

The only dwelling units permitted in camping grounds are the owner's or caretaker's dwelling. There shall be no other dwelling units provided of any type. No manufactured home shall be placed at any point within the campground property. The only other buildings allowed in the camping ground are recreational buildings and service or office buildings for the campgrounds.

The conversion of any campsite building or dwelling to a year-round dwelling unit or any other use shall be allowed only by a special use permit issued by the Town Planning Board.

Minimum site area: 25 acres.

Minimum lot sizes: 30 feet by 50 feet.

Not more than one cabin, A-frame or other similar structures shall be permitted per acre of gross site area.

Not more than a total of five travel trailers, campers, tents, recreational vehicles, motor homes or similar uses shall be permitted per acre of gross site area.

Location and access. A camping ground shall be so located that no entrance or exit from a site shall discharge traffic into an R-1-30 Residential District nor require movement of traffic from the camping ground through an R-1-30 Residential District. A camping ground shall have a minimum of 400 feet of frontage on a public street.

Prior to receiving a special use permit for the establishment of a camping ground or the expansion of an existing camping ground, the owner shall submit a detailed site plan to the Planning Board for review and approval. Said site plan shall conform to the requirements and specifications set forth herein in Article XI and shall show the placement of all existing and proposed features, including, but not limited to, camp sites, cabins, parking and recreational areas, accessory structures, streets and driveways, pedestrian walkways and rubbish collection facilities, as well as other uses and features specified by the Planning Board.

No cabin, A-frame or similar structure shall be constructed or erected on the site without a zoning permit issued by the Code Enforcement Officer. The construction of all buildings for human occupancy shall be designed and built to meet the standards of the Uniform Code. The issuance of a building permit by the Code Enforcement Officer shall precede the start of any construction. No structure shall be occupied for camping or any other purpose without a certificate of occupancy issued by the Code Enforcement Officer. The Code Enforcement Officer shall not issue a certificate of occupancy for any structure without written approval of the New York State Department of Health that the sewage disposal system serving the building has been installed in accord with appropriate standards and it is functioning properly.

Site conditions. Conditions of soil, groundwater level, drainage and topography shall not create hazards to the property or the health or safety of the occupants. Natural vegetation shall be retained wherever possible. The site shall not be exposed to objectionable smoke, noise, odors or other adverse influences, and no portion of the camping grounds subject to flooding, subsidence or erosion shall be used for any purpose which would expose persons or property to hazards.

Accessory uses. Management headquarters, recreational facilities, toilets, dumping stations, showers, coin-operated laundries and other uses and structures customarily incidental to the operation of camping grounds may be permitted as accessory uses to the camping grounds.

Plans for sewage disposal and water supply shall be designed in accordance with standards promulgated by the New York State Department of Health and the New York State Department of Environmental Conservation. These agencies shall provide written approval for sewage disposal and water supply systems prior to the occupancy of any on-site camping facilities.

Streets in camping grounds

Recreation facilities. A minimum of 20% of the gross site area shall be set aside and developed as common use areas for open or enclosed recreation facilities to serve the occupants of the site. No travel trailer site, required buffer strip, street right-of-way, storage area or utility site shall be counted as meeting recreational purposes.

Entrances and exits to camping grounds shall be designed for safe and convenient movement of traffic into and out of the camping ground and to minimize friction with movement of traffic on adjacent streets. All traffic into or out of the camping ground shall be through such entrances and exits. No entrance or exit shall require a turn at an acute angle for vehicles moving in the direction intended. Road curbs shall have a minimum radius of 50 feet and shall be designed for drive-through campsite parking.

Off-street parking and loading. In connection with the use of any camping ground, no parking, loading or maneuvering incidental to parking or loading shall be permitted on any public street or right-of-way, pedestrian walkway, required buffer or any public land or on any private land not part of the camping ground site, unless the owner has given written permission for such use. Camping grounds shall provide off-street parking, loading and maneuvering space, located and scaled to meet the standards and conditions specified herein. Any violations of these requirements by occupants of the camping ground shall be the responsibility of the owner of the property.

An adequate lighting system shall be provided for the camping ground. Pedestrian walkways shall be provided to lead to all parking areas, restrooms or other service buildings.

All on-site utilities shall be installed underground.

Not less than one covered twenty-gallon garbage receptacle shall be provided for each camp site. No camp site or building shall be located further than 50 feet from a garbage receptacle. Garbage and rubbish shall be collected and disposed of as often as may be necessary to ensure sanitary conditions.

The owner shall comply with all applicable sanitation standards established by the State of New York.

No camp structure, except fences, gates and permitted signs shall be located within 500 feet of any street or property line.

Buildings shall be set back not less than 100 feet from major creeks or ponds and not less than 50 feet from minor creeks.

The Town Planning Board shall determine that not more than 25% of any site proposed for use as a private airstrip that lies within an established state agricultural district or contains prime agricultural soils as defined by the Ontario County Soil Conservation Service will be taken out of production.

An application for the establishment, construction, enlargement or alteration of an airstrip shall include, in addition to requirements for special use permits, the following statements and information:

Permits issued for the operation of an airstrip shall be valid for a period of three years. Said permit may be extended by action of the Town Planning Board for successive periods of three years if the operation conforms to the initial proposal and the conditions on which the initial permit was issued are unchanged.

The Town Planning Board, in considering a request for a special use permit or the extension of a permit to operate an airstrip, may impose any conditions it deems necessary to protect the health, safety and public welfare of the town.

A site plan shall be approved by the Planning Board prior to the issuance of any special use permit for a flea market operation.

Minimum site area: two acres.

Minimum lot width: 200 feet.

A permanent structure shall be provided for the enclosed display of goods and services to be offered the general public, subject to the following restrictions:

Outside sales of goods and services may be permitted if specified in the special use permit application. Prior to receiving approval for outside sales, the owner shall submit a site plan identifying the following:

Outside display area for the flea market sales shall not exceed twice the size of the permanent structure and shall be located behind the front of said structure away from on-site parking area and site access.

Sufficient off-street parking shall be provided for the flea market operation. For the permanent structure there shall be at least five parking spaces required for each 1,000 square feet of gross floor area. For each booth, stand or outside display area of 150 square feet there shall be at least three off-street parking spaces provided.

In no event shall a flea market operation be allowed to continue when parking occurs along a public street.

All off-street parking shall have:

No overnight camping or lodging shall be permitted at a flea market site.

All site lighting shall be directed away from any adjacent property. In no event shall lighting cause a glare to any adjacent property or the traveling public.

Flea markets outside events may commence at 3:00 p.m. on Friday and must end at 9:00 p.m. on the Sunday immediately following. All daily flea market operations involving outdoor sales may commence on Saturday and Sunday at 9:00 a.m. and shall end 1/2 hour before sunset, unless site lighting has been provided and approved as part of any site plan. Otherwise, all flea market operations occurring within an enclosed structure and operating on a nonpermanent basis shall begin at 8:00 a.m. and end at 10:00 p.m. on Friday and Saturday and 9:00 p.m. on Sunday.

Except for the permitted daily sale hours and a period one hour before and after such hours, all goods and merchandise, whether for sale or not, shall be stored inside an enclosed building on the site. In no event shall goods and merchandise be stored inside a vehicle parked on the site during nonevent hours.

Not less than one enclosed dumpster shall be provided for each flea market site. The dumpster shall be sized to accommodate the entire temporary storage of refuse from the event. All refuse must be collected from the site periodically.

Not less than one covered twenty-gallon garbage receptacle shall be required for each stall, booth or 100 square feet of open display area. It shall also be the responsibility of each outside sales tenant to maintain their area free from litter or debris. The flea market site shall be neat, clean and orderly at all times.

Stalls, booths or outside sales areas will be allowed on the site and only for the seasonal use of the flea market's outdoor operations as specified in the special use permit application. All such display devices must be either stored in an enclosed structure or removed from the site during nonseasonal use.

Signage for the flea market outside operations will be allowed only on the site and only during the seasonal use of the flea market. In no event shall vendors' signs be sized or located on the property so as to be visible from the traveling public. Each flea market site may have one freestanding sign identifying only the name of the flea market and its hours.

Food services may be offered to participants of the flea market site, provided that such use is incidental to an event. In no case shall food service stand be permitted to solicit directly from the general public.

General land use conditions. The following conditions are imposed for the purpose of protecting the health and safety of the town's residents and preventing a nuisance to persons residing in the vicinity of the excavation operation and to that end they pertain to issues such as the location of the excavation operation, lot size and access.

Operations plan conditions. The following conditions are imposed for the purpose of protecting the health and safety of the town's residents and preventing a nuisance to persons residing in the vicinity of the excavation operation. In determining whether an applicant has met these conditions, the Town will review the applicant's New York State Department of Environmental Conservation (DEC) permit, when applicable. To the extent that the applicant's DEC permit addresses the conditions set forth below, the DEC permit conditions shall govern. To the extent that the applicant's DEC permit does not address the conditions set forth below, the conditions set forth below shall govern, and the Town reserves its rights to impose reasonable conditions consistent with land use planning principals.

Reclamation conditions. The following conditions are imposed to protect the health and welfare of the town's residents by assuring the safe and productive use of mined lands and protection of aesthetic values of areas affected by mining through local mined land reclamation standards.

There shall be provided an enclosed structure for the animal.

There shall be no outdoor storage of feed.

There shall be a fence enclosed area sized to provide adequate exercise area for the animal.

There shall be no piling of manure within 100 feet of any lot line, water supply system or watercourse.

Each application for a special use permit shall be accompanied with a sketch plan showing buildings on the site, exercise area, manure storage, water supplies and watercourses; and similar structures and features on adjacent properties when they are located within 100 feet of the property line.

The breeding and raising of animals may be permitted when so requested and specified in the special use permit application and subject further to the applicant's ability to demonstrate that each of the items specified above can be accomplished on the subject site in a manner so as not to adversely affect the health, safety and general welfare of the residents of adjacent properties or the animals.

No site preparation or construction shall commence nor shall existing structures be occupied until final site plan approval has been granted by the Planning Board and permits have been issued by all governmental agencies involved.

The minimum lot area for such uses shall be three acres.

Shelters for animals within kennels shall not be closer than 100 feet to any street or property line.

No outdoor area enclosed by fences for the use of animals shall be permitted within a front yard. Fenced areas shall be setback not less than 100 feet from any side or rear property line.

Adequate provisions are made for disposing of animal waste.

All noise and odors shall not become a nuisance to adjacent property owners.

No site preparation or construction shall commence nor shall existing structures be occupied until final site plan approval has been granted by the Planning Board and permits have been issued by all governmental agencies involved.

The permitted use may include any of the following:

The land devoted to this use shall not be less than 10 contiguous acres.

One principal single-family dwelling may be located on the land devoted to this use, provided that it complies with the requirements for this chapter. The land area on which the principal single-family dwelling is located (minimum lot size of AR-2 District) shall not be considered as part of the land "devoted to this use" as set forth in paragraph C above.

The number of horses that may be boarded and/or trained at such property shall not exceed 25 horses for the first 10 acres of land devoted to this use, plus one horse for each additional half acre of land available for such purpose.

The stable shall be located not less than 100 feet from any boundary line. The storage of manure shall be located on land not less than 200 feet from any boundary line. The Planning Board may require manure storage areas to be screened and/or buffered from adjacent areas.

Riding rings shall meet the following requirements:

Accessory buildings such as barns (not housing horses), sheds and the like, may be located on the land devoted to this use, provided that they are set back a minimum of 50 feet from the street line and from each boundary; and provided, further, that they are not used for the storage of manure.

Structures on the land devoted to this use (not including the principal dwelling) shall not be in the aggregate cover more than 5% of the area of the land devoted to this use.

No structure shall exceed 35 feet in height.

Suitable and adequate off-street parking shall be provided in accordance with the requirements established by the Town Planning Board.

Exterior lighting shall be permitted only to the extent necessary to prevent injury to the public and shall be so installed and arranged as to reflect light away from the adjoining streets and prevent any nuisance to adjoining property.

Exterior loudspeakers may be permitted on the premises and shall be installed so as to minimize potential nuisances to adjacent properties.

The applicant shall submit a written statement which sets forth the details of the operation of the proposed use and a site plan showing development of the outdoor recreational facilities.

The minimum tract size for such a use shall be three acres with not less than 275 feet of frontage on each highway which fronts the site.

The Planning Board shall determine that the physical character of the site is adequate to accommodate the proposed use and that plans for water supply, sewage disposal and storm drainage are capable of meeting anticipated demands.

The Planning Board shall determine that the street system serving the site is adequate to carry the anticipated traffic flows and that the proposal will not create a burden or nuisance for adjoining property owners.

Prior to granting a special use permit for such uses, the Planning Board may impose any conditions deemed reasonable or appropriate with respect to improving the design quality of the proposed use or to minimize the impact of such uses on adjacent properties.

The regulations of Article XIII shall govern the location, size, number and characteristics of signs for such uses.

A letter of credit shall be established and provided prior to final site plan approval of outdoor commercial recreation uses to assure that all parking, entrances, exits, facilities and services are installed as required and proposed.

A landscaped buffer strip not less than 30 feet in depth shall be provided along the periphery of the proposed use. This landscaped buffer shall be provided within the setback requirements. The buffer strip shall include materials and be perpetually maintained by the developer or owner to provide a visual screen between the proposed use and adjoining properties and shall be used for no other purpose.

Lighting shall be provided in a manner so as to minimize potential disturbances to adjacent properties.

Noise generated from an outdoor commercial recreational use shall be confined to the site.

Ingress and egress shall be provided so as not to conflict with adjacent business use or adversely affect traffic flow along a major thoroughfare.

Each unit shall contain not less than 240 square feet of floor area.

No guest shall establish permanent residence at a motel for more than 30 consecutive days within any calendar year.

An accessory use customarily related to a hotel or motel, such as a restaurant, dry-cleaning store, beauty shop or barbershops, may be permitted, provided that such accessory use shall be located entirely within the building to which it is accessory and does not have a direct outside entrance for customers.

Off-street parking shall be provided for the hotel or motel guests in accordance with the provisions in Schedule II.[1] Additional off-street parking shall be provided in accordance with Schedule II for all accessory uses permitted. The parking standards specified in Schedule II may be waived by the Planning Board where it is found that conference guests will be transported to and from the site by bus, taxi or limousine on a daily basis.

Recreation facilities may be provided for any special permitted hotel or motel. A minimum of 10% of the gross floor area of the building or 1/2 acre of land, whichever is the greater, shall be used for open or enclosed recreation facilities to serve guests.

A freestanding sign may be permitted to identify only the name of the hotel or motel. Any additional or accessory uses located within the hotel/motel shall be required to have a building mounted sign identifying the use.

The minimum lot area shall be three acres.

The minimum setback for the principal building on the site shall be 50 feet.

Junkyards shall be entirely enclosed within a solid fence at least six feet in height. Said fence shall be of sufficient strength to serve as a retaining wall and shall be no nearer than 50 feet from any right-of-way line. There shall be no storage of junk outside the fence.

A minimum area of 200 square feet of storage space shall be required for storage for each motor vehicle.

All vehicles or engines stored in the yard shall first be drained of any oil, gasoline or other fluids, which shall be stored and disposed of off site.

There shall be no storage or stockpiling of tires or batteries except within an enclosed building.

Direct sales to the general public shall be confined to an enclosed building located on the site, except for the sale of reconditioned motor vehicles. Said motor vehicles may be displayed in a defined area outside of the fenced junkyard portion but on the subject parcel. A minimum area of 200 square feet shall be required for each motor vehicle displayed for sale.

No motor vehicle or dismantled parts may be stored within 100 feet of the bed of a stream carrying water on an average of six months of the year.

Off-street parking shall be in accordance with Article XII and Schedule II of this chapter.[1]

Any junkyard, auto wrecking or dismantling yard existing at the time of enactment of this chapter and made nonconforming by said action may continue, provided that there is no expansion.

The minimum lot area shall be two acres.

A minimum area of 700 square feet of storage (or maneuvering) space shall be required for each tractor trailer on the site. A minimum of 400 square feet of storage (or maneuvering) space shall be required for each truck on the site.

A site plan is approved showing the location on the property for buildings, loading areas and docks, vehicle servicing, open storage of vehicles and customer parking areas.

There shall be no on-site open storage of materials.

All repairs and service (including vehicle washing) shall be conducted within an enclosed building, except for fuel dispensing units.

All fuel sales shall be restricted to vehicles used solely in conjunction with the truck terminal. There shall be no sale of fuel or oil products to the general public.

All open storage of vehicles shall be located either in the side or rear yards of the site. Open storage areas shall be screened from any adjacent noncommercial site.

Any vehicle may be offered for sale to the public at any time. In no event, however, shall the sale of trucks or trailers be allowed to become the principal use of the site without first obtaining a use variance and site plan approval for the sale, lease or rental of vehicles as otherwise required in the CC Community Commercial District.

The minimum lot size, frontage and setback requirements shall conform to the specifications set forth in the Schedule I of this chapter.[1]

The building proposed for occupancy as a tourist home/bed-and-breakfast shall contain no more than four lodging rooms for hire and shall not violate the New York State Uniform Fire Prevention and Building Code.

The operator of the tourist home/bed-and-breakfast shall reside on the premises and shall be the only permanent occupant on the premises.

No tourist home/bed-and-breakfast use shall be established on a lot that is within 500 feet of another lot measured along the same street frontage on which there is an existing tourist home/bed-and-breakfast establishment.

Off-street parking space shall be provided as follows: At least two spaces shall be provided for the family residing on the premises plus not less than one additional space for each lodging room. All off-street parking shall be buffered from adjacent residential lots.

One sign up to eight square feet in any area may be permitted on the premises. The sign may be freestanding or mounted on the building. If freestanding, the sign shall not be more than four feet in height measured from the ground to the top of the sign. Such signs may not be illuminated, except indirectly.

The exterior of the building shall be maintained consistent with the character of the area.

The Planning Board shall specify the minimum amount and location of landscaping and buffer screening to ensure that the use does not create a nuisance for adjoining property owners.

Any structure to be used for a tourist home/bed-and-breakfast shall have evidence of either an adequate on-site septic system approved by the State Health Department or otherwise be connected to a public sewer.

Such event shall take place on site of not less than 50 acres, which shall be suited for such an event and which shall be buffered and separated from any adjacent uses. It is not contemplated that such uses are appropriate in the LDO areas.

No person shall hold or promote, by advertising or otherwise, a special event/use, unless a special use permit has been issued for the gathering by the permit-issuing official. No person shall use, allow, let or permit to be used property for a special event as defined herein unless and until the written permit authorizing such use and assembly has been issued by the Code Enforcement Officer of the Town of East Bloomfield.

Separate permits shall be required for each special event. A separate permit is required for any special event which is separated by more than 48 hours from a previous special event for which a permit had been granted.

Any permit may be revoked by the permit-issuing official if, after a public hearing and notice to the permittee, he or she finds that the special event for which the permit was issued is maintained, operated or occupied in violation of law or the Sanitary Code of the State of New York. A permit may be revoked upon request of the permittee or upon abandonment of operation.[1]

The applicant shall present conceptual site plans and a preliminary special use permit application to the Planning Board which meets the criteria listed below.

Liability and property damage insurance. No permit shall be issued unless the applicant shall furnish the Town of East Bloomfield with a comprehensive liability insurance policy insuring the Town of East Bloomfield against liability for damage to person or property with limits of not less than what the Town of East Bloomfield carries for bodily injury or death and the same coverage as the Town of East Bloomfield carries for property damage, to hold the Town of East Bloomfield harmless from any and all liability or cause of action which might arise by reason of the granting of the permit, which policy shall not be cancelable without 10 days prior written notice to the Town of East Bloomfield and which shall be in effect during the entire period of said event. Failure to keep such policy in effect will result in automatic revocation of the permit without hearing.

Proof of financial resources. The applicant shall submit a statement of financial resources, prepared by a certified public accountant, showing finances sufficient to execute the plans as submitted.

All engineer's fees, attorney's fees, SEQRA fees and any other fees incurred by the Town shall be at the expense of the applicant. A bond or letter of credit may be required by the Town Planning Board at the time of application.

These special regulations are itemized in this section to accomplish the primary purposes of preventing a concentration of these uses in any one area and restricting their accessibility to minors.

Such uses and businesses shall be a minimum of 2,000 feet from schools, churches, family-oriented businesses, public parks and recreation lands and 500 feet from municipal boundary lines and other adult entertainment use or business, residentially zoned lands and other specified uses and businesses set forth in this chapter. Measurement of distances shall be from the property lines of the use.

In addition to any other requirements imposed by the Town of East Bloomfield or the State of New York, the following specified regulations shall apply to any adult entertainment and business use:

Must be owner-occupied.

Must be part of the principal residence.

Exterior of building must have the appearance of single-family residence.

All utility hookups will be single service.

Must have one common driveway with adequate parking.

Must meet current building and Department of Health codes.

Must be family by the following definition: not more than two persons, whether related or not by birth, blood, marriage or adoption, living together as a single housekeeping unit in the dwelling unit and related to at least one or more residents of the principal residence.

Must file affidavit showing that only family live in the second residence.

Special use will become null and void, and apartment will revert back to part of principal residence, when family members no longer live there.

No site preparation or construction shall commence, nor shall existing structures be occupied, until final site plan approval has been granted by the Planning Board and permits have been issued by all governmental agencies.

The minimum lot area shall be five acres with not less than 275 feet of frontage on each highway which fronts the site.

A landscaped buffer strip not less than 10 feet in depth shall be provided along the periphery of the proposed use. The buffer strip shall include materials and be perpetually maintained by the owner to provide a visual screen between the proposed use and adjoining properties and shall be used for no other purpose.

All processing of firewood shall be done between the hours of 7:00 a.m. and 7:00 p.m.

Storage of all logs and firewood shall be kept behind the buffered area. A minimum display of firewood for sale will be allowed outside of buffered area subject to the Planning Board's approval.

A sign advertising the sale of firewood shall be approved by the Planning Board subject to the provisions of Article XIII of Town Code.

Statement of purpose. This Zoning for Solar Energy Law is adopted to advance and protect the public health, safety, and welfare of the Town of East Bloomfield, including:

Authority. This Zoning for Solar Energy Law is adopted pursuant to §§ 261 through 263 of the Town Law of the State of New York, which authorize the Town of East Bloomfield to adopt zoning provisions that advance and protect the health, safety, and welfare of the community, and to make provision for, so far as conditions may permit, the accommodation of solar energy systems and equipment and access to sunlight necessary therefor.

Applicability. The requirements of this section shall apply to all solar energy systems installed or modified after its effective date, excluding general maintenance and repair and building-integrated photovoltaic systems.

Special use permit application requirements. For a special use permit application, the site plan application is to be used as supplemented by the following provisions:

Decommissioning plan. To ensure the proper removal of large-scale solar energy systems, a decommissioning plan shall be submitted as part of the application. A bond shall be required by the Town of East Bloomfield, hereinafter referred to as a "decommissioning bond," based on the cost estimate established in the decommissioning plan or otherwise established by the Town of East Bloomfield. The owner of the large-scale energy system will be responsible for premium payments on the decommissioning bond and shall renew the bond as often as necessary to ensure the bond is in place at all times until decommissioning is complete. Compliance with this plan shall be a condition precedent to the issuance of a special use permit under this section. The decommissioning plan must specify that after the large-scale solar energy system is scheduled to be taken out of service due to functional, economic, physical, or any other reason, the entire large-scale solar energy system shall be removed by the applicant or any successor in interest. The plan shall demonstrate how the removal of all infrastructure and the remediation of soil and vegetation shall be conducted to return the parcel to its original state prior to construction. The plan shall also include an expected timeline for execution of the decommissioning plan. A cost estimate detailing the projected cost of executing the decommissioning plan shall be prepared by a professional engineer or contractor. Cost estimations shall take into account inflation. Removal of large-scale solar energy systems must be completed in accordance with the decommissioning plan. If the large-scale solar energy system is not timely decommissioned after being considered abandoned, the Town may remove the system and restore the property. If the Town removes or otherwise decommissions the large-scale solar energy system, it may impose a lien on the property to cover the removal and remediation costs actually expended by the Town.

Special use permit standards.

Abandonment. Solar energy systems are considered abandoned after 12 months without electrical energy generation as initially approved and must be removed from the property within 90 days. Applications for extensions are reviewed by the Code Enforcement Officer. A ninety-day extension may be granted.

Enforcement. Any violation of this Solar Energy Law shall be subject to the same civil and criminal penalties provided for in the zoning regulations of the Town of East Bloomfield.

At least one owner of record shall occupy either the primary dwelling unit or the accessory dwelling unit and must be family by the following definition: not more than two persons, whether related by birth, blood, marriage or adoption, living together as a single housekeeping unit in the dwelling unit and related to at least one or more residents of the primary or accessory dwelling.

Accessory dwellings shall consist of single-family living quarters located in detached accessory buildings such as carriage houses, garages or other accessory buildings that are located on the same lot as the single-family dwelling. All accessory dwelling units/uses shall be temporary in nature and will be removed when no longer used by a family member.

Accessory dwellings shall be at least 500 square feet in total gross floor area, but no more than 850 square feet in gross floor area and shall contain at least two rooms and private sanitary facilities with hot and cold running water, and cooking and food storage facilities.

Accessory dwellings shall be integrated in with existing single-family electrical and septic/sewer systems. Planning Board may waive this requirement if a hardship is shown that a separate electrical and septic/sewer system is more practical due to the placement of existing septic systems/electrical systems.

There shall not be more than one accessory dwelling on a lot in addition to the principal single-family dwelling and the accessory dwelling unit shall meet the lot line setback requirements for the zoning district.

Minimum of four off-street parking spaces shall be provided, two for the principal residence and two for the accessory dwelling unit.

The permitted accessory dwelling unit shall comply with all other applicable site and building design, height, access and other standards for the principal dwelling units in the zoning district in which accessory dwelling will be located. Accessory dwelling will meet all Department of Health regulations and New York State building code requirements.

A certificate in the form of an affidavit which verifies that the owner continues to reside on the premises and that all other conditions met at the time of the original application remain unchanged shall be submitted to the Code Enforcement Office by January 31 of each year. The Town may require a fee for such residential accessory use and any fees so required must also be paid by January 31 of each year.