Detached accessory uses and structures, except for driveways, accessory to a residential use are permitted, provided they do not cause the extent of lot coverage to exceed that of the permitted lot coverage for the associated principal use. Such detached accessory uses and structures may include, but are not limited to:

Attached residential garages, carports, decks and terraces located in the side or rear yard.

Fences and walls subject to the provisions of § 106-45.11.

Handicapped access ramps, installed permanently, provided they do not obstruct access to required parking.

Home occupations subject to the additional requirements specified in § 106-30.12 of this article.

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

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

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

Detached garage, but only in the rear yard or side yard if behind front building line.

Dish antennas seven feet or less in diameter located in the rear yard in any commercial district.

Fences and walls subject to the provisions of § 106-45.11.

Freestanding radio antennas located in the rear yard.

Parking lots and parking areas, including electrical vehicle charging stations, subject to the provisions of Article 41 (Off-street parking and loading requirements).

Solar energy systems located in the rear yard.

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

Temporary outdoor display of retail merchandise subject to the requirements for outdoor displays set forth in § 106-30.18 of this article.

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

Handicapped access ramps, installed permanently, when located in the side or rear yard and do not obstruct access to required parking.

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

Outdoor placement of commercial vending machines anywhere on a site in a residential district.

No more than one unregistered, unlicensed vehicle of any kind or type without current license plates shall be parked or stored on any residentially zoned property. Said vehicle may not be in a state of disrepair.

Applications to be considered by the Town Planning Board shall be made, in writing, to the Town Office as required by Article 50 of this chapter. In addition, the applicant shall also provide a full instrument survey map prepared by a licensed engineer or land surveyor that contains at a minimum the following information:

No adult use and entertainment establishment shall be permitted in a building or any part of which is used for residential purposes, including nonconforming residential uses.

No more than one adult use and entertainment establishment shall be permitted in any building or on any lot.

No building in which an adult use and entertainment establishment is operated shall be within 1,000 linear feet of the boundary of any residential zoning district, or within 1,000 linear feet of the property line of a parcel containing any of the following:

The above distance of separation shall be measured from the nearest exterior wall of the portion of the structure containing the adult use and entertainment establishment, measured in a straight line, without regard to intervening structures or objects.

Once an adult use and entertainment establishment has been established in a location, and it lawfully remains in continuous operation at that location, the subsequent placement of any use or business set forth in Subsection D(3) above within the distances set forth shall not operate to impair, restrict or terminate the adult use and entertainment establishment special use permit or any renewals thereof.

The issuance of a special permit and the applicant's entitlement thereto shall be specifically conditioned upon the applicant's continued compliance with all federal, state, and local laws, regulations, and ordinances, including:

In the event that the applicant has been found to be in violation of any of the aforesaid provisions of law or any other law, ordinance, or regulation of the Town of Geneseo or any of the conditions set forth in this subsection, any special use permit issued hereunder shall be revoked and permanently terminated after a public hearing.

The exterior of any adult use and entertainment establishment shall be consistent with the character of surrounding structures and shall not detract from the appearance of the neighborhood.

The Code Enforcement Officer and Fire Department officials of the Town of Geneseo, as well as any other enforcement officials, shall have the right to inspect the premises of adult use and entertainment establishments for the purpose of ensuring compliance with any section of this chapter or any other applicable law, rule or regulation at any time said business is open for business, or at such other times as may be reasonable.

Site plan review is required for all automotive sales establishments as outlined in Article 52.

The Planning Board may require as a condition of the special use permit that the sales area be paved, suitably graded and drained, and maintained in a neat and orderly manner.

Unless an automotive sales establishment has acquired a special use permit for repair or service facilities pursuant to § 106-30.6, no repairs, other than minor repairs, shall be performed on the premises. All maintenance, service, and repairs of motor vehicles shall be performed within an enclosed structure.

No motor vehicle parts or partially dismantled motor vehicles shall be stored outside of an enclosed structure or screened area.

No vehicles shall be displayed for sale within 10 feet of any property line that abuts a nonresidential district.

No vehicles shall be displayed for sale within 30 feet of any property line that abuts a residential district.

The retail sales of fuel shall not be permitted.

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

Perimeter landscaping shall be at a minimum of 10 feet in width along the street frontage(s).

Site plan review is required for all repair shops and service stations as outlined in Article 52.

The maximum number of vehicles permitted on site for repair and storage is to be approved by the Planning Board.

The Planning Board may require as a condition of the special use permit that the entire site area traveled by motor vehicles be paved, suitably graded and drained, and maintained in a neat and orderly manner.

All maintenance, service, and repairs of motor vehicles shall be performed fully within an enclosed structure.

Motor vehicle repair garages shall not have more than three vehicles located on the lot for sale, rental, display, or storage. Automotive service stations, repair shops, or gasoline stations wishing to provide automobile sales shall require a special use permit for said sales operation and shall be in conformance with the requirements set forth in § 106-30.5.

No outdoor storage of materials, merchandise and equipment shall be permitted during non-business hours.

Rubbish, oil cans, tires, discarded motor vehicle parts and components, and other waste materials may be temporarily stored in a completely fenced in opaque enclosure adjacent to the service facility building in the rear or side yard. The area of such enclosure shall not exceed 400 square feet. There shall be no storage at any time outside of such enclosure.

The premises are to be maintained in a neat and clean condition without the accumulation of used materials, automobile parts, dismantled vehicles or vehicles left by their owners over 30 days.

During the hours of operation all vehicles of employees, customers, and tow trucks must be parked only in areas designated on the site plan for such vehicles.

There is to be no more than one tank truck on the premises at any one time. While making any deliveries to underground tanks, the driver shall remain at the point of delivery to prevent spillage and overflow. In case of any overflow or spill, fire authorities are to be notified immediately.

A spill prevention plan shall be provided as part of the site plan review process and all used rags shall be kept in covered metal containers.

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

The entire site area that is traveled by motor vehicles shall be hard surfaced (i.e., asphalt, concrete, or any other surface that does not release dust or debris).

No outdoor storage of materials, merchandise and equipment shall be permitted during non-business hours.

Gas stations may include retail sales of food, convenience items, and minor automotive supplies or liquids provided that the sales of such items are within an enclosed structure and are an accessory use.

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

Fuel pumps shall be located no closer than 20 feet from the public right-of-way or 50 feet from any other property lines.

Fuel and flammable liquid storage tanks shall be installed and maintained in accordance with all state and federal standards as well as the following:

All accidental spillage or leakage of a flammable liquid in quantities of two gallons or greater, whether or not it may enter sewers, shall be immediately reported to the appropriate authorities, including but not limited to the New York State Department of Environmental Conservation.

Five fifty-pound bags of petroleum absorbent materials, or equivalent, must be kept on the premises at all times for flammable liquid spills and should be used for this purpose. Spills shall not be flushed with water.

The telephone number of the owner, lessee, or station operator shall be posted on the door in a conspicuous location so that proper notification can be made in the event of an emergency.

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

Any such use shall be buffered from adjacent uses by no less than 10 feet. The buffer area shall minimally consist either of fencing, evergreen shrubbery, coniferous trees, or any combination thereof that prevents the unwanted transmission of headlight glare across the property line.

Perimeter landscaping shall be at a minimum of 10 feet in width along the street frontage(s).

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

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

Parking is provided in accordance with the parking requirements of home occupations in Article 41 of this chapter.

No more than 1/3 of the floor area of the residence will be allowed for the use of the home occupation.

Not more than two persons not residing in the household shall be employed in the home occupation.

There shall be no exterior display or storage of materials, and no other exterior indication of the home occupation or variation from the residential character of the principal building with the exception of a permitted sign.

No offensive noise, vibration, smoke, dust, odors, heat, light, or glare shall be produced.

The home occupation shall not involve wholesaling or the storage of automobiles.

Deliveries on residential streets shall be permitted by two-axle vehicles only.

Except as hereinafter provided, single-wide manufactured homes shall only be permitted in mobile home parks which have been approved pursuant to and comply with Chapter 75 of the Town of Geneseo Code.

Notwithstanding Subsection B(1), single-wide manufactured homes shall be permitted as single-family residences situated on lands engaged in farm operations as defined by § 301(ii) of the New York State Agriculture and Markets Law, provided that such residences are solely for the purpose of housing employees of the farm operation and their families and is in conformance with Subsection D below.

In no event shall single-wide manufactured homes be permitted in any other locations or zoning districts within the Town.

Double-wide manufactured homes shall be permitted in mobile home parks and farm operations in the same manner as provided hereinabove in Subsection A and B above.

On all other approved residential lots, double-wide manufactured homes shall be placed on concrete foundations which comply with the New York State Building Code and shall be enclosed with an approved masonry foundation. Plastic sheeting is specifically prohibited.

For the purposes of this section, a "farm" shall be defined as a parcel of 15 or more acres used principally in the raising or production of agricultural products, including livestock, and the necessary or usual dwellings, farm structures, storage, and equipment.

One mobile home may be situated on a farm. Said mobile home shall be occupied only by the owner, operator, or person employed full-time on the farm and the immediate family of such person.

The mobile home shall be fully skirted and situated on a stand as defined in § 75-8A of Chapter 75, Mobile Home Parks, of the Town Code.

The mobile home shall be situated as nearly as possible to the center of the farm's operations as practicable.

Any special use permit shall expire with the cessation of such agricultural use for which it serves.

The display area shall not exceed 15% of the gross floor area of the primary structure.

The display area shall not block automotive traffic, private sidewalks, fire lanes, or other travel lanes.

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

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

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

Outdoor storage shall not be allowed in the front yard.

Outdoor storage shall not occupy more than 15% of the entire lot area.

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

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

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

Outdoor storage shall not be allowed in the front yard setback.

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

Service areas and outdoor storage areas shall be located so as to not be visible from public streets, public pedestrian ways or public open space. To the extent possible, service, loading and storage facilities should be architecturally incorporated into the building or architecturally treated with walks, fencing and landscaping. Where these facilities are visible from public or private pedestrian areas, public streets or public open space, they shall be screened with opaque materials.

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

Storage areas must be a minimum of 150 feet from a residential use.

New towers and antennas. All new towers or antennas shall be subject to these regulations, except as provided in this Subsection A(2) through (4) below.

Amateur radio station operators/receive-only antennas. These regulations shall not govern any tower, or the installation of any antenna, that is under 70 feet in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas.

Preexisting towers or antennas. Preexisting towers and preexisting antennas shall not be required to meet the requirements of this § 106-30.24 other than the requirements of this § 106-30.24B(6) and (7).

AM array. For purposes of implementing this section, an AM array, consisting of one or more tower units and supporting ground system which functions as one AM broadcasting antenna, shall be considered one tower. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the towers included in the AM array. Additional tower units may be added within the perimeter of the AM array by right.

Principal or accessory use. Antennas and towers may be considered either principal or accessory uses. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot.

Lot size. For purposes of determining whether the installation of a tower or antenna complies with district development regulations, including but not limited to setback requirements, lot coverage requirements and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot.

Inventory of existing sites. As part of any application for a tower, each applicant for an antenna and/or tower shall provide to the Code Enforcement Officer an inventory of all existing towers, antennas or structures, or sites approved for towers or antennas which exceed 75% of the height of the proposed tower, that are either within the Town of Geneseo or within one mile of the border thereof. Such inventory shall include specific information about the location, height and design of each tower.

Aesthetics. Towers and antennas shall meet the following requirements:

Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is so required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views. The applicant must submit written proof of such requirement as part of its application documentation.

State or federal requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this § 106-30.24 shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.

Building codes; safety standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the Town of Geneseo concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then, upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said 30 days shall constitute grounds for the removal of the tower or antenna at the owner's expense. In furtherance of the provisions hereunder, the Town shall reserve the right to engage professional consultants, including but not limited to qualified engineers, to engage in the aforesaid inspection. The expense of engaging such consultants shall be paid by the applicant, and the payment of any such reasonable fees or expenses shall be a condition of any permit authorizing the construction of the tower.

Measurement. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in the Town of Geneseo, irrespective of municipal and county jurisdictional boundaries.

Not essential services. To the extent permitted by federal and state laws, towers and antennas shall be regulated and permitted pursuant to this § 106-30.24 and shall not be regulated or permitted as essential services, public utilities or private utilities.

Franchises. Owners and/or operators of towers or antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communications system have been obtained and shall file a copy of all required franchises with the Code Enforcement Officer.

Signs. No signs shall be allowed on an antenna or tower.

Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with any and all of the requirements of the Town of Geneseo site plan regulations as contained in Chapter 106 of the Code of the Town of Geneseo, as well as any other state or local building code.

Multiple antenna/tower plan. The Town of Geneseo encourages the users of towers and antennas to submit a single application for approval of multiple towers and/or antenna sites. Applications for approval of multiple sites shall be given priority in the review process.

Setbacks. The following setback requirements shall apply to all towers for which a special use permit is required; provided, however, that the Planning Board may reduce the standard setback requirements if the goals of this § 106-30.24 would be better served thereby:

Separation. The following separation requirements shall apply to all towers and antennas for which a special use permit is required; provided, however, that the Planning Board may reduce the standard separation requirements if the goals of this § 106-30.24 would be better served thereby:

Security fencing. Towers shall be enclosed by security fencing not less than six feet in height and shall also be equipped with an appropriate anticlimbing device; provided, however, that the Planning Board may waive such requirements, as it deems appropriate.

Landscaping. The following requirements shall govern the landscaping surrounding towers for which a special use permit is required; provided, however, that the Planning Board may waive such requirements if the goals of this § 106-30.24 would be better served thereby.

Buildings or other equipment storage.

A scaled site plan clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, parking and other information deemed to be necessary to assess compliance with this § 106-30.24.

The legal description of the parent tract and leased parcel (if applicable).

The setback distance between the proposed tower and the nearest residential unit, platted residentially zoned properties and unplatted residentially zoned properties.

The separation distance from other towers described in the inventory of existing sites shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known.

A landscape plan showing specific landscape materials.

The method of fencing, and finished color and, if applicable, the method of camouflage and illumination.

A description of compliance with all applicable federal, state or local laws.

A notarized statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users.

Identification of the entities providing the backhaul network for the tower(s) described in the application and other cellular sites owned or operated by the applicant in the municipality.

A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower.

Height of the proposed tower.

Proximity of the tower to residential structures and residential district boundaries.

Nature of uses on adjacent and nearby properties.

Surrounding topography.

Surrounding tree coverage and foliage.

Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness.

Proposed ingress and egress.

Availability of suitable existing towers, other structures or alternative technologies not requiring the use of towers or structures, as hereinafter discussed in § 106-30.24E.

No existing towers or structures are located within the geographic area which meet applicant's engineering requirements.

Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.

Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.

The fees, costs or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.

The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable microcell network using multiple low-powered transmitters/receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.

Not expansion of nonconforming use. Towers that are constructed, and any antennas that are installed whether initially or on a collocation basis, in accordance with the provisions of this § 106-30.24 shall not be deemed to constitute the expansion of a nonconforming use or structure.

Preexisting towers. Preexisting towers shall be allowed to continue their usage as they existed on the effective date of this Zoning Law. Routine maintenance (including replacement with a new tower of like construction and height) shall be permitted on such preexisting towers. New construction other than routine maintenance on a preexisting tower shall comply with the requirements of this § 106-30.24.

Rebuilding damaged or destroyed nonconforming towers or antennas. Nonconforming towers or antennas that are damaged or destroyed may be rebuilt without having to first obtain a special use permit and without having to meet the separation requirements. The type, height and location of the tower on site shall be of the same type and intensity as the original facility approval. Building permits to rebuild the facility shall comply with the then-applicable building codes and shall be obtained within 180 days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned.