Low Density Residential (LDR).

Medium Density Residential (MDR).

Large Lot Residential (LLR). The purpose of the LLR District is to recognize and protect the lowest density neighborhoods within the City of Geneva, generally located at the southernmost edge of the City. This includes historic large-lot estates along Lochland Road and post-war homes along Slosson Lane, Jay Street, and Snell Road. Properties within this district are characterized by homes situated on lots larger in area and width than typically found in the LDR and MDR Districts, observing a larger front setback from the roadway. Future investment within the LLR District on undeveloped lands should be consistent with the existing single-family, large-lot settlement pattern in this district and maintain the bucolic environment. A natural, landscaped buffer shall also be provided between any new development and existing residential areas.

Mixed Residential (MR). The purpose of the MR District is to allow for the development of mixed density neighborhoods within the City of Geneva in accordance with the recommendations of the City Comprehensive Plan for denser, diversified residential living opportunities. Residential uses permitted in this district include single-, two-, and multifamily dwellings. The design and location of housing stock should be scaled according to the existing neighborhood context. To ensure the future design, layout, and character of the MR District is cohesive and consistent with the vision of the City of Geneva, all development and/or redevelopment proposals should seek to achieve the following:

Development plan review. Review and approval may be required. Refer to Part 4, Article XIII.

Special use permit. Required as noted in § 350-3.4 use table. Refer to Part 4, Article XIV, for review and application procedures.

Certificate of appropriateness. Required where subject property is located in the Historic Overlay (HO) District. Refer to Part 5, Article XV, for review and application procedures.

Uses identified with a "P" are permitted as-of-right, subject to compliance with all other applicable standards of this chapter.

Uses identified with an "SP" may be allowed with the issuance of a special use permit (see Part 4, Article XIV, for review and application procedures).

Uses identified with a "-" are expressly prohibited.

Uses otherwise not identified in this section may be permitted by right or with the issuance of a special use permit if the CEO deems such use to be similar in nature, activity, intensity and/or extent to a use that is already listed.

Gateway Business (GB). The purpose of the GB District is to support the goals, objectives, and policies contained in the City's Comprehensive Plan. More specifically, the GB District is intended to foster the redevelopment of low density, auto-oriented areas into active and dense corridors that serve as more attractive entrances to the City. This may include a wide variety and/or mix of uses including residential, commercial, and light industrial activity that serve the daily needs of local residents and the traveling public. In order to accomplish this, the GB District regulates the location, design and use of structures and land to emphasize and redefine the streetscape in a manner that promotes the traditional character, walkability, and human-scale exemplified elsewhere in the City, while accentuating the corridor's presence as a gateway to Geneva.

Neighborhood Business (NB). The purpose of the NB District is to provide for the development of small-scaled retail and service stores in areas adjacent to or surrounded by established residential neighborhoods, and to support the vision and goals contained in the City's Comprehensive Plan. Investment permitted in the NB District shall be compatible with the scale and walkability of neighborhoods and shall not negatively impact their residential character. The intent of this district is to accommodate shops and services that meet the needs of residents while enhancing the walkability of the community and preserving the City's traditional residential development pattern.

Central Business (CB). The purpose of the CB District is to identify the traditional, mixed-use core of the City of Geneva and support investment that is consistent with the vision and goals of the City's Comprehensive Plan. Not only does the CB District encompass much of the historic center of the City, but also includes the surrounding neighborhoods and parcels that contribute to Geneva's downtown character. The intent of the CB District is to foster higher density, mixed-use developments that provide a variety of shopping, service, and living opportunities consistent with the pedestrian-oriented and historic character of the Main, Castle, and Exchange Street areas. In order to accomplish this, regulations on the location, design and use of structures or land will be employed to foster a desirable concentration of activities and amenities, creating a comfortable environment for visitors arriving by foot, bicycle, or motor vehicle. The CB District will also serve to support the continued development of downtown as the civic, cultural, and governmental center to the City.

Central Business - Five-Story (CB-5). The purpose of the CB-5 District is to designate the areas of the CB District in which a maximum building height of up to five stories is permissible. This is intended to recognize the highest density core of the CB District area, where four- and five-story structures already exist and may be desirable with future infill or redevelopment opportunities.

Development plan review. Review and approval may be required. Refer to Part 4, Article XIII.

Special use permit. Required as noted in § 350-4.4 use table. Refer to Part 4, Article XIV, for review and application procedures.

Certificate of appropriateness. Required where subject property is located in the Historic Overlay (HO) District. Refer to Part 5, Article XV, for review and application procedures.

Uses identified with a "P" are permitted as-of-right, subject to compliance with all other applicable standards of this chapter.

Uses identified with an "SP" may be allowed with the issuance of a special use permit (see Part 4, Article XIV, for review and application procedures).

Uses identified with a "—" are expressly prohibited.

Uses otherwise not identified in this section may be permitted by right or with the issuance of a special use permit if the CEO deems such use to be similar in nature, activity, intensity and/or extent to a use that is already listed.

In the GB District it may be permissible to locate more than one primary structure or use on a lot, provided the location and arrangement of such uses is approved as part of development plan review.

Mixed Use - Hospitality (MU-H). Due to the location of MU-H District areas at the southern border of the City and along the Seneca Lake waterfront, they serve as a gateway to Geneva and transition to the heart of Finger Lakes Wine Country. The purpose of the MU-H District is to capitalize on its location and provide a variety of hospitality uses, such as hotels, restaurants, and entertainment establishments that support the local tourism industry. It is important that development within the MU-H District respect the Seneca Lake viewsheds and utilize sustainable development practices compatible with the character of the lakefront corridor. Buildings should be set back from the roadway, built into the landscape, and oriented to address the waterfront as well as entrances from the street. The scale, design, and intensity of use should be evaluated for all investment proposals to ensure consistency with the City's desired land use character and context as identified in its Comprehensive Plan.

Mixed Use - Campus (MU-C). The purpose of the MU-C District is to support and enhance the City's major community service centers, including Geneva City schools, Cornell AgriTech, Geneva General Hospital and Hobart and William Smith Colleges, in accordance with the vision and goals of the City's Comprehensive Plan. The intent of this district is to permit a mix of residential, commercial, and institutional uses that are supportive not only of the medical or educational facilities located within the district, but also the greater Geneva community and resident quality of life. Development within this district should be campus-style in design and layout, and should facilitate internal pedestrian and bicyclist circulation systems that are linked to the City's larger multimodal transportation network.

Mixed Use - Industry (MU-I). The purpose of the MU-I District is to foster the transformation of industrial areas into vibrant, viable economic centers. While the presence of industrial operations once served as an important facet of Geneva's economy, the viability of large-scale, stand-alone industrial operations has declined in response to changing markets and technology. This district is intended to support the vision and recommendations of the City's Comprehensive Plan by allowing for creative redevelopment and investment efforts that cultivate increased employment opportunities. Development proposals will be evaluated based on the standards of this district and their ability to achieve the following:

Development plan review. Review and approval may be required. Refer to Part 4, Article XIII.

Special use permit. Required as noted in § 350-5.4 use table. Refer to Part 4, Article XIV, for review and application procedures.

Certificate of appropriateness. Required where subject property is located in the Historic Overlay (HO) District. Refer to Part 5, Article XV, for review and application procedures.

Uses identified with a "P" are permitted as-of-right, subject to compliance with all other applicable standards of this chapter.

Uses identified with an "SP" may be allowed with the issuance of a special use permit (see Part 4, Article XIV, for review and application procedures).

Uses identified with a "-" are expressly prohibited.

Uses otherwise not identified in this section may be permitted by right or with the issuance of a special use permit if the CEO deems such use to be similar in nature, activity, intensity and/or extent to a use that is already listed.

In the mixed-use districts, it may be permissible to locate more than one primary structure or use on a lot, provided the location and arrangement of such uses is approved as part of development plan review.

Development plan review. Review and approval may be required. Refer to Part 4, Article XIII.

Special use permit. Required as noted in the applicable district use table. Refer to Part 4, Article XIV, for review and application procedures.

Certificate of appropriateness. Required where subject property is located in the Historic Overlay (HO) District. Refer to Part 5, Article XV, for review and application procedures.

Purpose. The purpose of the Historic Overlay (HO) District is to promote the general welfare by providing for the identification, protection, enhancement, perpetuation, and utilization of buildings, structures, signs, features, improvements, sites, and areas within the City that reflect special elements of the City's historical, architectural, cultural, economic or aesthetic heritage. The intent of the HO District is to achieve the following objectives:

Applicability. The regulations of this section shall hereby apply to all buildings, structures, and lots within the HO Districts. The HO Districts established under this chapter shall consist of the following historic districts and/or properties as listed on the State and National Registers of Historic Places, as recognized by local law or declaration, and as identified on the official City of Geneva Zoning Map.

Conflict of provisions. For the purposes of this chapter, the HO District shall be considered an overlay district, or district imposing additional regulation and/or review to those of the underlying zoning district(s). Where the regulations of the HO District are in conflict with that of the underlying district, the HO District regulations shall take precedence.

Use, dimensional, and bulk regulations. The use, dimensional, and bulk regulations of the underlying zoning districts shall apply to all uses, buildings, and lots of the HO District as provided thereto.

Certificate of appropriateness required.

Purpose. The purpose of the Open Space (OS) District is to preserve and enhance the City's open spaces, natural areas, and parks by restricting development that would not otherwise be compatible with or respect the natural environment. The intent of this district is to ensure ample passive and active recreational opportunities for residents and visitors and to identify areas of valued green space.

Applicability. Areas applicable to and designated under the OS District include, but are not limited to, privately or publicly owned parkland and recreational facilities, farmland, woodlots, wetlands, environmentally sensitive areas, and otherwise undeveloped lands.

Use list. Uses are allowed in the OS District in accordance with the following table.

Dimensional and bulk requirements.

Purpose. This district is created to recognize the economic development opportunities of the proposed Cornell Agriculture and Food Technology Park on the grounds of Cornell AgriTech. The district is intended to facilitate the reconfiguration of the AgriTech campus, and to promote the orderly, rational, and predictable development of the proposed Cornell Agriculture and Food Technology Path and its lessees while protecting surrounding residential and commercial uses from the impacts of technology park uses and expansion. These objectives are derived from the larger goal of conserving the value of land and buildings in the City of Geneva, and thus protecting the City's tax base. Regardless of any specific mention in the permitted uses below, the permitted and special permit uses are to be intrinsically related to the purpose and mission of the Cornell Agriculture and Food Technology Park Corp., AgriTech, or related activities of its parent institution, Cornell University.

Permitted uses.

Specially permitted uses.

Accessory uses and structures.

Prohibited uses. Uses not explicitly listed herein are prohibited.

Dimensional requirements.

Development plan review.

Off-street parking.

Signs. Signs shall not be erected without first obtaining a permit in accordance with Part 3, Article XI, of this chapter and shall comply with the following requirements:

Fences and landscaping. Fences, landscaping and buffering shall comply with all applicable requirements specified in this chapter.

Storage areas. Storage areas shall comply with the following requirements:

Lighting. Lighting design shall comply with the requirements of § 350-10.9, in addition to the following:

Performance standards. All uses shall be conducted in such a manner so as to preclude any nuisance, hazard, or commonly recognized offensive condition, including creation or emission of dust, gas, smoke, noise, fumes, odors, vibrations, particulate matter, chemical compounds, electrical disturbance, humidity, heat, glare, or night illumination, or any other adverse impact on public health. Prior to issuance of a building permit or a certificate of occupancy, the Code Enforcement Officer may require evidence that adequate measures have been provided to protect the public health, comfort, convenience, safety, and general welfare from any such nuisance, hazard, or offensive condition. If required, said evidence shall include specific documentation of compliance with:

Purpose. This article provides additional regulations for uses that are generally considered to have a higher potential for incompatibility with residential or low-impact commercial uses without proper mitigation measures. The purpose of the regulations contained herein is to promote the health, safety, and general welfare of the public, while also protecting property values and the character of the immediate neighborhood and greater Geneva community.

Intent. These regulations are intended to mitigate the potentially undesirable impacts of certain uses, which by reason of nature or manner of operation, are or may become hazardous, obnoxious, or offensive owing to excessive and undue increases in the production and presence of odors, dust, smoke, fumes, noise, vibrations, refuse matter, vehicular traffic, or human activity.

The following requirements are applicable to all uses, permitted (P) and specially permitted (SP), as noted in the use tables of Article III, Article IV, Article V, and Article VI of this chapter.

Specially permitted uses must obtain a special use permit and development plan review in accordance with Article XIII and Article XIV.

Permitted uses do not require a special use permit. However, uses permitted as-of-right must obtain development plan review approval in accordance with Part 4, Article XIII, and conform to the additional use requirements of this article, where applicable.

Should the additional use regulations of this article conflict with other requirements of this chapter, the regulations contained herein shall take precedence.

Purpose. The purpose of regulating accessory dwelling units is to:

General requirements.

Owner-occupancy requirements.

General requirements. Accessory uses and structures shall:

Residential accessory uses and structures. The following shall be considered permissible residential accessory uses or structures for the purposes of this chapter.

Nonresidential accessory uses and structures. The following shall be considered permissible nonresidential accessory uses or structures for the purposes of this chapter.

Purpose and intent.

Location restrictions.

Distance measurement. For the purposes of this section, measurement of the distances specified above shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used or operated for such a use to the nearest property line or boundary of an affected use. The distance between any two adult use establishments shall be measured in a straight line, without regard to intervening structures or objects, between the closest exterior walls of the structures in which each such use is located.

General requirements. All adult uses:

Conditions of approval. Final approval of any special use permit application for such a use shall only be made contingent upon the applicant also satisfying all conditions and requirements of approval by the Planning Board of any development plan application for such a use.

Inspection requirements. Prior to the commencement of any adult use establishment business, or upon any transfer of ownership or control of such a business, the premises on which such establishment is located must be inspected and found to be in compliance with all laws, rules and regulations of or enforced by the New York State Health Department, Fire Department, Code Enforcement Office, Fire Marshal, and other code enforcement officials of the City and county.

Penalties for offenses.

All services shall be provided within a completely enclosed building.

The boarding of animals at an animal grooming shop shall be prohibited.

All buildings, structures, and accessory use areas, except off-street parking areas, shall be located at least 50 feet from any property line abutting a residential use or district.

Adjacent properties shall be adequately protected from noise, odors, and unsightly appearances as determined appropriate by the reviewing board in development plan review.

A waste management plan shall be required to ensure proper upkeep of the site and disposal of animal excrement and waste.

A B&B may be permitted in an owner-occupied single-family, detached dwelling or a detached accessory structure located on the same lot. A B&B shall not be permitted on a nonconforming lot or within a nonconforming structure.

The minimum lot area required for a B&B shall be 10,000 square feet. The minimum habitable floor area of a B&B shall be 2,500 square feet.

The maximum stay of guests shall be no more than 30 consecutive days.

Sales of merchandise shall be incidental to the bed-and-breakfast operation.

The residential character of the lot and structures located thereon shall be preserved. Structural alterations or additions of a nonresidential nature shall be prohibited.

No more than two employees shall be nonresidents of the dwelling.

All B&Bs must be able to accommodate parking requirements on-site. Where on-site parking is impracticable, the reviewing board may provide relief from this provision through development plan review if deemed appropriate.

Off-street parking shall not be permitted in the front yard. All parking areas shall be screened from adjacent properties and the public right-of-way in a manner approved by the reviewing board.

All outdoor lighting proposed for the operation of a B&B shall be appropriately shielded so as not to adversely impact neighboring properties.

The facilities and operation must comply with the applicable provisions of the New York State Uniform Fire Prevention and Building Code, including the definition of a bed-and-breakfast contained therein. The operation must comply with the regulations of the Ontario County and New York State Boards of Health, and any other agency having jurisdiction.

No day care shall be permitted without obtaining the proper license and registration, as required by NYS or Ontario County Law.

All buildings, structures, and areas of organized activity dedicated to the primary day care use shall maintain a setback of at least 15 feet from all property lines.

A landscaped buffer of at least five feet in height and five feet in width shall be provided at all side and rear property lines abutting a residential use or district.

Outdoor speakers and public-address or stereo systems are prohibited.

Day-care-centers may be conducted as a home occupation, provided such use is in also in conformance with all applicable home occupation requirements.

No drive-through facility shall be located on a lot directly adjacent to or across the road or street from a property used for residential purposes.

Vehicular stacking lanes, service areas, or windows shall not be located in the front yard. All stacking and exit lanes shall be designed so that they do not interfere with off-street parking areas or vehicular and pedestrian circulation on the site. Such lanes shall be designed to reduce the impacts of traffic congestion on adjacent property and public streets.

A vehicular stacking lane shall be provided on-site in a manner than does not impede on- or off-site traffic movements. The stacking lane shall be delineated from other internal areas through the use of pavement markings that are identifiable during all seasons.

Drive-through facilities, including any protective canopies, signage, stacking lanes, or other associated elements, shall meet the setback requirements for the property. Such facilities shall be screened as determined appropriate during development plan review.

Only one access drive, or two one-way access drives, shall be permitted per street frontage.

All impervious surfaces, including curbing, shall maintain a setback of at least 10 feet from any abutting residential property line. Such setback areas shall be landscaped to the satisfaction of the reviewing board in development plan review.

The applicant may be required to submit a traffic study demonstrating the impact of traffic generated by the proposed drive-through restaurant as part of development plan review. No drive-through shall be permitted that is anticipated to be a significant detriment to the community or to the local road network. The applicant must demonstrate that the proposed use will not alter levels of service or utilize available traffic capacity to such an extent that it cannot be adequately mitigated or otherwise create unsafe on-site or off-site traffic conditions.

Residential districts.

All other districts.

Corner clearances. For the purpose of minimizing traffic hazards at street intersections, no fence, hedge, wall or other obstruction of a height greater than three feet above the top of the adjacent curb or street center-line elevation shall be permitted to be planted, placed or maintained on any corner lot within the triangular area formed by the intersection of the pavement lines, or their projection when corners are rounded, and a straight line joining the pavement lines at points 50 feet distant from their point of intersection.

General requirements.

A curbed landscaped area shall be maintained at least three feet in depth along all street frontage space not used as driveway. The required landscaping and screening treatments of such area shall be determined through development plan review.

Entrance or exit driveways shall be located at least five feet from any side or rear property line. Such driveways shall be so laid out as to avoid the necessity of any vehicle backing across any right-of-way.

No access drive shall be within 200 feet of and on the same side of the street as a school, public library, theater, church, or other public gathering place, park, playground or fire station unless a street 50 feet or more wide lies between such service station and such building or use.

No part of any filling pump, lift, or other service appliance shall be erected within 100 linear feet of a property line of any residential district or use.

No fuel pump shall be located closer than 20 feet to any side lot line nor closer than 35 feet to any street line, measured from the outside edge of the fuel island.

Minor vehicle repair or service may be permitted, provided all activities are conducted within a completely enclosed building.

The storage and/or display of vehicles for sale or for rent shall be prohibited.

Purpose. The purpose of the regulating home occupations is to provide residents with the opportunity to conduct professional office or administrative uses within their home, while still preserving the value and character of the neighborhood.

Permitted occupations. Permitted home occupations include lawyers, accountants, authors, engineers, architects, consultants, realtors, insurance agents/brokers, counselors, artists, photographers, tailors, repairpersons, beauticians, barbers, counselors, teachers, tutors, music or art instructors, seeing no more than one pupil or client at a time, or other such vocations which the CEO deems appropriate by virtue of similarity in nature, activity, and/or extent.

Prohibited occupations. Prohibited home occupations include those that would generate adverse impacts to or are incompatible with the existing character of a residential neighborhood. These uses include, but are not limited to, retail stores, medical or emergency services, animal care services, and vehicle sales, service, or repair, dancing instruction, instrument instruction in groups, tearooms, convalescent homes, or mortuary establishments.

General regulations.

Purpose. The purpose of this chapter is to protect the safety and health of the inhabitants of the city; to establish safeguards for the keeping of bees, animals and poultry within the city; and to provide for penalties for the violations thereof.

Keeping of bees. No person shall keep or harbor any bees in the city. Any beehive used or occupied by bees is hereby declared to be a nuisance; and it shall be unlawful to keep or maintain any such hive in the city.

Keeping of pigs or swine. No person shall keep or harbor any pigs or swine in the City; and it shall be unlawful to keep or maintain any pen, pig sty or other building for the housing of pigs or swine.

Keeping of dogs, cats, birds and other domesticated pets.

Chickens, ducks, geese, fowl, cattle, horses, sheep, and goats.

By conversion. The conversion of an existing single- or two-family dwelling to three or more units shall be required to comply with the following:

New construction. Newly constructed multifamily dwellings shall be in conformance with the following regulations and design standards:

General requirements.

Assembly, seating, sales, and display area requirements.

Storage area requirements.

Permanent, enclosed bathroom facilities for the general public shall be provided on-site.

No outdoor recreation or entertainment facilities shall be located closer than 200 feet to the property line of any adjacent residential use or district, unless proper landscaping and screening is provided to the satisfaction of the reviewing board.

Hours of operation shall be posted on-site. All outdoor facilities shall be secured and closed to the public outside of operating hours.

A waste management plan shall be required to ensure proper upkeep of the site and disposal of trash, litter, animal waste, and other refuse.

All such uses dealing with the importation, manufacture, distribution, or sale of alcohol shall obtain a license as required by the NYS Liquor Authority and operate in accordance of the regulations therein. All such uses dealing with the sale and/or consumption of cannabis products shall obtain a license as required by the Office of Cannabis Management. A complete copy of any application filed with and license issued by the NYS Liquor Authority or Office of Cannabis Management shall be provided with any application subject to this chapter.

Uses where the sale of food is the primary source of revenue shall be considered restaurants. Restaurants must have a full kitchen and menu as required by the NYS Liquor Authority when the sale of beer, wine, and/or liquor is provided.

Taverns shall include a minimum food preparation area and menu that satisfies the NYS Liquor Authority's minimum food requirement.

A waste management plan shall be required to provide for proper upkeep of the site and disposal of refuse. All refuse containers shall be located in the rear yard and maintain a setback of at least five feet from all property lines. Businesses are encouraged to include options for donation of excess food and composting of food scraps and compostable waste as appropriate in their waste management plan.

Where the provision of on-site refuse containers is infeasible, a shared waste management agreement may be established between adjacent uses. Under no circumstance shall any shared refuse container be located outside of a 200-foot radius of a single use.

Findings. The purpose of this chapter is to regulate the short-term rental of dwelling units within the City of Geneva, NY, and to establish comprehensive registration and licensing regulations to safeguard the public health, safety and welfare by regulating and controlling the use, occupancy, oversight and maintenance of short-term rental properties. The City also recognizes that extensive short-term term rentals have the potential to compromise the residential character of the community, drive up prices of limited low-cost housing supply, and may cause disruption to the peace, quiet and enjoyment of neighboring residents. Accordingly, in order to respect the rights and interests of all residents of the City, this chapter seeks to thoroughly monitor and regulate those who offer their homes as short-term rental properties in order to minimize any potential detrimental impact this commercial enterprise may have upon the residential character of Geneva's neighborhoods.

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

Presumption of dwelling unit as short-term rental property.

General requirements.

Short-term rental license required. The operator of a short-term rental unit must acquire and maintain in good standing a revocable short-term rental license as described in § 215-44 of the City of Geneva Code.

Purpose and intent. The purpose and intent of this article is to establish regulations for the construction, the use, and the maintenance of swimming pools within the City of Geneva in order to promote and protect the health, safety, comfort, convenience and general welfare of the inhabitants of the City of Geneva, New York, and to promote peace and good order therein.

Building permit. No swimming pool shall be constructed or enlarged in the City of Geneva without a building permit issued by the Superintendent of Building and Zoning. Each application for a building permit shall include a plot plan of the lot upon which the swimming pool is to be built, which plan shall contain existing structures and lot lines.

Construction, use and maintenance. No building permit for the construction of a swimming pool within the City of Geneva shall be issued except upon compliance with the following regulations:

Health requirements. A filter recirculating pump and purification system shall be provided so as to maintain the bacterial standard established by the provisions of the New York State Sanitary Code relating to public swimming pools.

Light and noise abatement.

Legislative intent. The purpose of this section is to allow for telecommunications equipment installation in accordance with applicable state and federal law. While acknowledging the demand for wireless communications, the City recognizes that the residential and commercial districts, open spaces, and waterfront areas comprising the City are primary community resources. The erection of telecommunications equipment of unusual height or bulk within the City may threaten the historic integrity, damage the aesthetic value, and reduce residents' opportunities to enjoy these resources. The intent of this section is to regulate the construction and siting of telecommunications equipment in compliance with the Federal Communications Act of 1996 to achieve the following:

Application.

Application requirements. In addition to the requirements for a special use permit and development plan application, telecommunication equipment applications shall also include the following, at a minimum:

Visual impact assessment. The applicant shall also be required to complete a visual impact assessment, including but not limited to:

Waivers. The reviewing board is permitted to waive any requirements of this section which are inapplicable as a result of the applicant proposing a shared use on existing equipment, including any towers or structures.

Shared use.

Aesthetics. In order to minimize any adverse aesthetic effect on neighboring properties to the maximum extent practicable, the reviewing board shall impose reasonable conditions on the applicant, including the following:

Setbacks.

Indemnification. To the maximum extent permitted by law, the applicant shall execute an agreement indemnifying and holding the City harmless from any and all liabilities, claims of personal injury or property damage arising out of or in any way related to the installation and operation of the telecommunications equipment and its accessory structures and facilities.

Traffic, access, and safety.

Letter of credit.

Removal of facilities. Approval of new telecommunications equipment or the expansion or a modification of any existing equipment shall be conditioned upon the owner's and applicant's agreement to remove such equipment, facilities, and structures once it is no longer used. Removal of such obsolete and/or unused equipment shall take place within six consecutive months of cessation of use.

Expiration of approval. Special use permit and development plan approval shall expire upon:

Exemptions. The following are exempt from the requirements of securing a special use permit and development plan approval pursuant to this section:

Purpose. This section has been adopted to ensure that placement of temporary storage units does not negatively impact the character and aesthetics of the City, as well as to promote the health, safety, and welfare of the general public.

Registration required.

Placement of units.

Allowable number of units. Only one temporary storage unit may be placed upon any lot at one time.

Unit size. Units shall not have a footprint exceeding 200 square feet or a height of more than 10 feet.

Duration. The temporary storage unit may be permitted for a maximum of 30 consecutive days, including the days of delivery and removal. The registration may be extended an additional 30 days upon written request to and approval by the CEO.

Maximum number of registrations. Each lot is limited to a maximum of four registrations per twelve-month period.

Maintenance. All temporary storage units shall be fully enclosed structures. The registrant shall be responsible for ensuring that the unit is maintained in good condition, free from evidence of deterioration, weathering, discoloration, graffiti, rust, ripping, tearing, or other holes or breaks at all times.

Prohibited materials and uses. The storage of solid waste, chemical substances, and illegal or hazardous material is prohibited.

Inspection. Upon reasonable notice to the registrant, the CEO may inspect the contents of any temporary storage unit at any reasonable time to ensure that it is not being used in a manner prohibited by this section.

When adjacent to residential uses or districts, such uses shall be buffered to minimize visual and auditory impacts in a method approved during development plan review. Such buffering may include but is not limited to landscaping, screening, and fencing.

All such uses dealing with the importation, manufacture, distribution, or sale of alcohol shall obtain a license as required by the NYS Liquor Authority and operate in accordance of the regulations therein. A complete copy of any application filed with and license issued by the NYS Liquor Authority shall be provided with any application subject to this chapter.

A curbed landscaped area shall be maintained at least three feet in depth along all street frontage space not used as driveway. The required landscaping and screening treatments of such area shall be determined through development plan review.

Entrance or exit driveways shall be located at least five feet from any side or rear property line. Such driveways shall be so laid out as to avoid the necessity of any vehicle backing across any right-of-way.

No access drive shall be within 200 feet of and on the same side of the street as a school, public library, theater, church, or other public gathering place, park, playground or fire station unless a street 50 feet or more wide lies between such service station and such building or use.

No part of any filling pump, lift, or other service appliance shall be erected within 100 linear feet of a property line of any residential district or use.

No fuel pump shall be located closer than 20 feet to any side lot line nor closer than 35 feet to any street line, measured from the outside edge of the fuel island.

All automobile parts and dismantled vehicles are to be stored within a building, and no repair work or automobile maintenance is to be performed outside a building.

No automotive use area shall be used for auto wrecking or for the storage of wrecked, partially dismantled or junked vehicles or equipment or motor vehicles which do not qualify for New York State vehicle registration.