Geneva Town City Zoning Code
ARTICLE IV
Supplementary Regulations
§ 165-21 Specifications for yard areas and projections.
A.
Wherever a side or rear yard is adjacent to a street, the standards for front yards shall apply.
B.
The following projections into any required yard are to be permitted:
(1)
Open fire escape: four feet into side or rear yards.
(2)
Awnings or movable canopies: six feet into any yard.
(3)
Cornices, eaves and other similar architectural features: four feet into any yard.
C.
Any open or enclosed porch or carport shall be considered a part of the building in determination of the size of the required lot or lot coverage. Nonroofed paved terraces shall not be considered a part of the building.
D.
Accessory uses not enclosed in a building may be located in a rear yard in accordance with § 165-24.
E.
Side yards for semidetached houses or townhouses shall be required at the ends of the total structure only.
F.
No detached principal building shall be closer to any other principal building on the same lot than the average heights of said buildings.
§ 165-22 Compliance with maximum residential density.
A.
In all districts where residences are permitted, a lot held in single ownership may be improved for residential use according to the minimum lot size per family and bulk regulations for each district as set forth in the district regulations, provided that there shall be no more than one principal building and use on each lot.
B.
A residential lot of required or larger than required size as set forth in this chapter shall not be reduced in size for transfer of ownership if such lot so subdivided will form two or more lots which shall not be in compliance with the requirements for the maximum average residential density for the district in which such lot or lots are situated, except as provided in Article V, Planned Unit Development.
§ 165-23 Prohibited activities.
In any district, the following standards for activities shall apply:
A.
No offensive or objectionable vibration, odor or glare shall be noticeable at or beyond the property line.
B.
No activity shall create a physical hazard by reason of fire, explosion, radiation or other such cause to persons or property in the same or an adjacent district.
C.
There shall be no discharge of any liquid or solid waste into any stream or body of water or any public or private disposal system or into the ground of any materials of a nature that may contaminate any water supply, including groundwater supply.
D.
There shall be no storage of any material either indoors or outdoors in such a manner that it facilitates the breeding of vermin or endangers health in any way.
E.
The emission of smoke, fly ash or dust which can cause damage to the health of persons, animals or plant life or to other forms of property shall be prohibited.
F.
No activity which involves horizontal or directional drilling operations, hydraulic fracturing or hydrofracking operations or the storage, processing, handling and disposal of the fracking fluids and other by-products or waste generated from horizontal or directional drilling operations and hydraulic fracturing or hydrofracking operations shall be permitted in any zoning district within the Town of Geneva.
G.
No commercial landfill or disposal facility where solid waste or its residue after treatment is intentionally placed, and which is not a land application facility, surface impoundment, injection well or waste pile, shall be permitted in any zoning district within the Town of Geneva.
§ 165-24 Accessory buildings.
A.
Accessory buildings not attached to the principal building shall comply with applicable Building Code requirements and, notwithstanding any other provision of this chapter, they may be permitted in any district. Except as set forth below, in all districts, accessory buildings are to be constructed in the rear and side yard areas only. Accessory buildings are allowed only on the same property as the principal building. Accessory buildings shall be allowed no closer than 10 feet to any side or rear property line.
[Amended 9-14-2021 by L.L. No. 4-2021]
B.
Any accessory uses that are not in an enclosed building shall be allowed in the side or rear yard and shall be a distance of 15 feet from the nearest property line. The noise and glare shall not adversely affect the character of any neighborhood.
C.
Accessory buildings in the Agricultural District may be allowed in the front yard if they comply with set-back requirements, are on a lot of at least five acres, and are adequately screened from the road.
[Added 9-14-2021 by L.L. No. 4-2021]
D.
Properties with lake shore may have an accessory structure in the front yard (with road frontage) as long as it complies with the setback requirements for the residence and the average roof height is no more than 22 feet.
[Added 9-14-2021 by L.L. No. 4-2021]
§ 165-25 Automobile storage, repair, salvaging or dismantling.
Any premises devoted to one or more of the following activities: short-term or seasonal storage of operable motor vehicles; or motor vehicle cleaning, routine servicing and repairs; or dismantling, salvaging or disassembling of motor vehicles or trailers; or storage or sale of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts shall be subject to the following:
A.
All cleaning, servicing, repairs, dismantling, salvaging, disassembling and sales activities must take place and be fully contained within an enclosed structure;
B.
No outdoor storage of motor vehicles or trailers, or parts thereof, or dismantled, obsolete or wrecked vehicles shall be permitted within any required yard areas;
C.
No display of vehicles or trailers or parts thereof for sale shall be permitted within any yard areas;
D.
All areas for the storage of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts shall be screened by a solid fence or other barrier at least eight feet high.
E.
Where any automobile storage, repair, salvaging or dismantling business abuts any residential parcel or residential zoning district, there shall be a vegetated buffer area conforming to the standards set forth in § 165-40 not less than 15 feet in width, planted with trees and shrubs spaced in a manner that will result in a continuous visual screen along said boundary.
§ 165-26 Cemeteries.
No burial or memorial plats or buildings shall be located within any front, side or rear yard setback area, except when a dense evergreen hedge or a wall or landscaped strip at least six feet in height providing complete visual screening from any adjacent property is provided. No burial or memorial plats shall be located closer than 10 feet from any residential lot line.
§ 165-27 Keeping of chickens.
The following standards shall apply to the keeping of chickens in residential zoning districts where they may be permitted:
A.
No fowl or poultry other than chickens shall be kept on the premises.
B.
No more than six hens shall be permitted on any single lot.
[Amended 12-13-2022 by L.L. No. 8-2022]
C.
No roosters shall be permitted.
D.
No fowl or poultry shall be kept in any dwelling or in any structure less than 15 feet from the nearest dwelling.
E.
All chickens shall be confined in suitable coops or houses that are properly cleaned and maintained in good condition at all times, and confined with a suitable fence.
F.
Any fence enclosure to accommodate free-range chickens shall be designed and constructed to confine all animals to the property on which they are kept.
G.
All coops or fence enclosures shall be located in the rear yard of the property, and shall be located no less than five feet from any property line. No chicken coop shall exceed 25 square feet in area, and no fence enclosure shall exceed 300 square feet in area.
H.
All coops and fence enclosures must be kept in a neat and sanitary manner and must be cleaned on a regular basis so as to prevent offensive odors.
§ 165-28 Clear sight triangle.
For the purpose of minimizing traffic hazards at street intersections, on any corner lot, no obstructions higher than 2 1/2 feet above the adjacent top-of-curb elevation shall be permitted to be planted, placed, erected or maintained within the triangular area formed by the intersecting pavement lines or their projections where corners are rounded and a straight line joins the pavement lines at points 50 feet distant from their point of intersection.
§ 165-29 Excavations.
A.
Any excavation adversely affecting natural drainage or structural safety of adjoining buildings or lands shall be prohibited. Excavations shall not create any noxious or injurious substance or condition, or cause public hazard.
B.
In any district, excavation relating to the construction, on the same lot, of a building or structure for which a building permit has been issued shall be permitted. In the event that construction of a building or structure is stopped prior to completion and the building permit is allowed to expire, the premises shall immediately be cleared of any rubbish or building materials, and any excavation with a depth greater than two feet below existing grade shall immediately be filled in and the topsoil replaced or all such excavations shall be entirely surrounded by a substantial fence at least six feet high that will effectively block access to the area in which the excavation is located.
C.
For standards for extractive operations and soil mining, see § 165-30.
§ 165-30 Extractive operations and soil mining.
A.
These standards shall apply to any activities in the Town of Geneva where more than 500 tons or 350 cubic yards, whichever is less, of rock, soil or mineral(s) are removed from the earth and transported off the premises during 12 successive calendar months.
B.
In addition to any other information which may be required as part of any application for site plan approval, the applicant shall submit information that includes, at a minimum:
(1)
Proposed pollution-control measures to address potential air pollution (dust), noise pollution or water pollution (water-borne sediments).
(2)
A reclamation plan that shall clearly show how the site will be restored to a condition similar to or compatible with that which existed prior to any mining or to a condition making it suitable for subsequent development, or to some other productive use of the land.
(3)
An estimated cost of the required site reclamation.
C.
Prior to the commencement of operations, the operator shall file with the Town a performance bond to cover the full cost of reclaiming the site upon cessation of mining, in a form satisfactory to the Town as to form, sufficiency, manner of execution and surety.
D.
Extractive and soil mining operations shall meet all development and performance standards of this Code and all applicable local, state and federal regulations. The proposed method of mining and the method of reclaiming the affected land to achieve the applicant's land-use objective shall be compatible with sound environmental management practices.
E.
In addition to zoning district setback requirements, any excavation or quarry operations, and any rock, gravel, soil or mineral-crushing or other processing of materials, shall be located a minimum of 100 feet from any property boundary line or public road or highway right-of-way.
F.
Where any mining operation borders a public street or highway, there shall be constructed a vegetated earthen or rock berm with a crest at least eight feet above any adjacent property boundary and a slope not exceeding a rise of one foot for each 2.5 feet of horizontal distance.
G.
No mining activities, buildings, structures, parking areas, equipment or production storage areas shall be located within 100 feet of a stream or any wetland as defined by state or federal law.
H.
Where any mining operation abuts a property or properties containing residences, a visual screen at least 40 feet in width and composed of evergreen trees shall be planted along any boundary line that abuts such properties. All evergreen trees shall be at least eight feet in height at time of planting and be spaced so as to form an opaque vegetative screen. The mining operation owner shall be responsible for maintaining this vegetation buffer.
§ 165-31 Fences and walls.
A.
Any person or persons, corporation, firm or association intending to erect a fence shall, before any work is commenced, make application to the Code Enforcement Officer on a form provided by the Code Enforcement Officer. Said application shall be accompanied by a plan or sketch showing the proposed location of any fence or a more recent survey map of the property, and the materials proposed to be used therein, which must be in accordance with this chapter and any other pertinent local law regulating construction within the Town, and shall be accompanied by an appropriate fee.
B.
Upon approval by the Code Enforcement Officer, a permit shall be issued, which will be in effect for a period of six months from the date thereon. Said permit shall be displayed on the property during the progress of the work so that the work may be inspected by the proper Town officials. The Town Board shall set applicable fees for the permit.
C.
In any residential district, no fence, wall or other enclosure shall be more than seven feet in height at the rear of homes or buildings, and except where provided for in Subsection D below, no fence shall extend forward of the rear building line of any principal building.
D.
Any fence or wall four feet or less in height shall be permitted anywhere on a lot except where it would encroach on street or highway sight clearances required for traffic safety.
E.
In any business or industrial district, there shall be no restriction on fences or walls, except on any boundary with a district where residences are allowed, where such fences or walls shall be limited to eight feet in height and except where sight clearances are required.
F.
Any fence or wall erected shall be placed on the property of the owner.
G.
Any fencing or wall for the enclosure of farm animals shall not be required to have a permit.
H.
The height of any fence or wall shall be measured from the natural grade at the ground plane to the top of the fence or wall. At no place shall a fence or wall exceed the maximum permitted height above natural grade.
I.
Any fence, wood stockade, chain-link or other type of fence or wall shall have the smooth side or finished side facing to the outside of the property owner installing the fence. Fence posts will be placed on the inside of the fence. All chain-link fences erected shall be erected with the closed loop at the top of the fence.
J.
Any fence or wall shall be designed and constructed so as to not unduly or fully block a scenic view from an adjacent property. No fence or wall built within 20 feet of the mean high water line of any lake shall exceed four feet in height.
K.
Any fence, wall or similar structure, as well as shrubbery, which unduly cuts off light or air, which may cause a nuisance, a fire hazard, or a dangerous condition, is hereby expressly prohibited.
L.
With the exception of fences installed and maintained as part of an agricultural operation, the following fences and fencing materials are specifically prohibited:
(1)
Barbed wire;
(2)
Expandable fences and collapsible fences, except during construction of a building.
M.
Fences for the enclosure of all pools shall conform to applicable provisions of the New York State Uniform Fire Prevention and Building Code or other applicable laws.
§ 165-32 Home composting.
A.
No composting shall take place within the front yard setback area of a parcel, and no compost pile or compost bin or other enclosure shall be located closer than two feet from a rear or side property line.
B.
Any compost pile or compost bin shall be maintained in a neat and sanitary state at all times and shall not generate any noxious odors, attract vermin or wildlife or otherwise create a nuisance to neighboring properties.
C.
The area dedicated to composting shall not exceed 50 square feet in area, including all composting bins and compost storage areas.
§ 165-33 Home occupation.
Any home occupation shall conform to the following additional conditions:
A.
It shall be carried on wholly within the enclosed walls of the dwelling or in an accessory structure on the same parcel as the principal residence, and shall not use more than 25% of the floor area up to a maximum of 1,000 square feet.
[Amended 9-14-2021 by L.L. No. 4-2021]
B.
It shall be carried on by a member of the family in the dwelling, and no more than one person outside the family shall be employed in the occupation.
C.
There shall be no exterior storage of materials and no other exterior indication of the home occupation or variation from the residential character of the principal building. There shall be no display of goods or advertising other than a sign as permitted in § 165-62.
D.
No offensive noise, vibration, smoke, dust, odors, heat, light, glare or excessive traffic shall be produced as a result of any activity related to the home occupation.
[Amended 9-14-2021 by L.L. No. 4-2021]
E.
If the occupation involves members of the public coming to the location, an operating permit must be obtained from the Town Code Enforcement Officer, and the public must be restricted to the hours of 9:00 a.m. to 5:00 p.m.
[Added 9-14-2021 by L.L. No. 4-2021]
§ 165-34 Manufactured home parks.
Manufactured home parks are allowed by site plan approval in the R-2 Residential Rural Districts, subject to the following regulations:
A.
Park size and capacity. Each manufactured home park shall have a minimum area of five acres and shall contain no more than one manufactured home for each 6,000 square feet of gross area, including land used for access roads, recreation and service facilities and screen planting.
B.
Size of lots. No manufactured home lot shall be less than 4,500 square feet in area and have less than 40 feet of frontage on an access road.
C.
Clearances.
(1)
Manufactured homes shall be located on the lot with the following minimum clearances:
(a)
Sides: 15 feet on each side to lot line and a total of 50 feet on both sides from adjacent manufactured homes and buildings.
(b)
Ends: 20 feet from adjacent manufactured homes and 15 feet from access roads and manufactured home park lot lines and 30 feet from exterior lot lines.
(2)
In computing these clearances, lean-tos, auxiliary rooms and similar accessories connected to the manufactured home, but not including temporary porches and canopies which are open on two or more sides, shall be considered as part of the manufactured home.
D.
A minimum of 10% of the gross park area or 1,000 square feet per dwelling unit, whichever is larger, shall be provided as common space for outdoor recreation. This common recreation space shall be suitably sized and configured for outdoor recreational activity and shall be easily accessible to all units within the park.
E.
In addition to the clearance requirements in Subsection C(1)(a) and (b) above, no manufactured home shall be located less than 50 feet from any front, side or rear yard boundary line of the manufactured home park, or less than 50 feet from any maintenance, storage areas or facilities, and sewage treatment facilities if present.
F.
There shall be a vegetated buffer, not less than 20 feet in width, within any yard area located adjacent to any manufactured home park boundary line or public road or highway, planted and maintained in accordance with § 165-40.
G.
Where the property fronts on a public road or highway, within the required yard area at least 50% of the length of the frontage on said public road or highway shall be planted and maintained with a vegetative screen.
H.
No manufactured homes or other structures, or parking areas, shall be located within 50 feet of a stream edge or any wetland as defined by state or federal law. With the exception of stream crossings, no roadways shall be located within 50 feet horizontal distance from a stream edge or any wetland as defined by state or federal law.
I.
Automobile parking. There shall be at least one off-road parking space for each manufactured home within the manufactured home lot or within 50 feet of the manufactured home. In addition, there shall be one off-road parking space for each five manufactured homes within the park located throughout the park for public congregation.
J.
All interior roads within the manufactured home park shall be paved with an all-weather, permeable or impermeable, surface of crushed stone, asphalt, brick pavers or concrete, or a combination of the above, and shall be a minimum of 18 feet wide. Each off-road parking space shall be at least nine feet wide and at least 20 feet long and shall have convenient and ready access to a roadway.
K.
No parking facilities or driveways, except driveways for the purpose of ingress to or egress from the premises, shall be allowed within any of the front, side or rear yard setback areas.
L.
Sanitary disposal. No person shall undertake to construct any manufactured home park, new building or structure in the Town without first meeting the requirements for a system or facilities for the separate disposal of waterborne sewage and domestic or trade wastes in accordance with applicable regulations of the Town, the appropriate Department of Health and other governmental authorities.
M.
Any camper, recreational vehicle, boat or other trailer stored within the manufactured home park shall be stored in a designated location within the park and screened from any adjacent property or public rights-of-way. No more than one such camper, recreational vehicle, boat or other trailer per dwelling unit shall be permitted.
§ 165-35 Manure storage facility and barnyard and/or livestock structure.
A.
The following construction requirements shall apply to all manure storage facilities.
(1)
No manure storage facility, or addition to an existing manure storage facility, shall be constructed unless a building permit has been issued by the Town of Geneva Code Enforcement Officer to the owner of the subject property under these regulations.
(2)
To obtain the building permit, the owner of the property on which the manure storage facility is proposed must submit to the Town of Geneva Code Enforcement Officer:
(a)
An application for the building permit;
(b)
Any required fee;
(c)
Signed and stamped engineer plans that meet current Natural Resources Conservation Service (NRCS) standards or equivalent standards based on the best professional judgment of the professional engineer of record; and
(d)
A site plan for review and approval.
(3)
The manure storage facility and its building permit application are subject to the review and approval of the Town Planning Board, Building Department, and Town Engineer through the site plan review process and any revisions or changes recommended and/or required as a result of those reviews.
(4)
Throughout the construction process, the applicant and its contractors shall comply with the stamped engineering plans as well as the approved plans and permit reviewed and approved by the Town of Geneva Building Department, Planning Board and/or Town Engineer.
(5)
As a minimum, the site plan for the manure storage facility submitted with the building permit application shall demonstrate that construction of the manure storage facility will comply with the following stipulations:
(a)
Setbacks. The manure storage facility will be set back a minimum of 300 feet from any existing occupied residence not affiliated with that agricultural operation. The manure storage facility will be located behind the primary living structure and a minimum of 120 feet from the road right-of-way center line in front and a minimum of 100 feet from any side property line.
(b)
Visual barrier. A manure storage facility may be subject to visual barriers in the discretion of the Planning Board. The nature and design of the visual barrier will be subject to the review and approval of the Town through the site plan review process.
(6)
The engineer that designed the manure storage facility shall provide a stamped and signed as-built drawing of the manure storage facility prior to the Town of Geneva issuing a certificate of completion.
B.
Barnyard and livestock structure requirements.
(1)
Setbacks. Any barnyard or livestock structure shall be set back a minimum of 300 feet from any existing occupied residence not affiliated with that agricultural operation. The barnyard or livestock structure shall be located behind the primary living structure and a minimum of 120 feet from the road right-of-way center line in front and a minimum of 100 feet from any side property line.
§ 165-36 Outdoor lighting.
A.
All exterior lighting shall comply with the standards of the Outdoor Lighting Code Handbook of the International Dark-Sky Association, as updated from time to time.
B.
All exterior lighting is to be downcast and be at 100% nadir or parallel to the ground. No exterior lighting shall read greater than one luminaire at three feet above the property line.
§ 165-37 Retail fuel stations.
In any district where permitted, retail fuels stations shall be subject to the following regulations:
A.
Retail fuel stations shall be permitted only on lots of 10,000 square feet or more, with 100 feet of minimum frontage.
B.
The area for use by motor vehicles, except access drives thereto, as well as any structures, shall not encroach on any required yard area.
C.
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.
D.
All repair work and storage shall be within a completely enclosed building which has a maximum height of 15 feet. Such repair work shall not include any body repair work or spray painting or car washing which requires mechanical equipment.
§ 165-38 Setbacks for planned streets.
After the planned right-of-way line for future streets, for future extensions of existing streets or for any future street widening is established on the Official Map, if any, buildings and structures shall be set back from such line as though it were a street line.
§ 165-39 (Reserved) [1]
[1]
Editor's Note: Former § 165-39, Short-term rental regulations, as amended 7-14-2020 by L.L. No. 3-2020 and 12-8-2020 by L.L. No. 5-2020, was repealed 12-13-2022 by L.L. No. 7-2022.
§ 165-40 Vegetated buffer areas.
A.
Wherever a vegetated buffer area is required by this chapter, said buffer area shall be planted and maintained with vegetation that results in a visual barrier that is at least eight feet in height from ground level within three years. The vegetated buffer shall be located and planted in a manner that ensures adequate visual screen of an adjacent parcel within five years.
B.
Vegetation within any required buffer area may consist of maintained lawn, shrubs or trees. Plants selected for use in any required buffer areas should be species that are hardy to the Finger Lakes region and that are noninvasive. Buffer areas may be utilized for bioswales and other planted stormwater management systems, provided the visual screening capacity is not reduced.
C.
Vegetated buffers are permitted within any required yard setback area on a lot.
D.
Shrubs, when planted, may be two to four feet in height and must achieve eight feet in height from ground level within three to five years. Trees shall be a minimum of six feet in height when planted.
E.
At the discretion of the Planning Board, a fence may be substituted for vegetation to achieve the required eight-foot-high visual screen; provided, however, that:
(1)
The width of the buffer area is not reduced below the minimum required by this chapter;
(2)
The remaining portions of the buffer area shall be planted and maintained with vegetation.
F.
All vegetated buffers shall be maintained by the property owner to ensure the health and growth of all plant materials. Any trees or shrubs that die shall be replaced with new plant stock meeting the minimum size requirements and growth requirements above.
§ 165-41 Commercial breeding facility special use permits.
A.
Legislative intent. It is the intent of this section to set forth regulations regarding the establishment, maintenance and operation of commercial breeding facilities, to protect and preserve the health, safety and welfare of the dogs and cats in these commercial breeding facilities as well as of the public who will work in, patronize, visit, conduct business with or otherwise come in contact with commercial breeding facilities, and further to enable the Town to maintain an ongoing record of commercial breeding facilities.
B.
Establishment of a special use permit for commercial breeding facilities. The Zoning Board of Appeals shall issue the special use permit and shall ensure compliance with the following terms and conditions. In the event there is a request for variance of the terms and conditions relating to distance setbacks or other criteria normally addressed in an area variance, the applicant shall make a separate application to the Zoning Board of Appeals for the granting or denial of such a request.
(1)
All enclosures shall be structurally sound to contain the animals and to restrict the entrance of other animals, and constructed from materials that can be easily cleaned and maintained in good repair to protect the dogs and/or cats from illness or injury.
(2)
Heating and cooling shall be available in the facility so that heating can be provided when the inside ambient temperature of the facility falls below 50° F. for a period of four consecutive hours and so that cooling can be provided when the inside ambient temperature of the facility rises above 75° F.
(3)
Uniformly distributed natural and/or artificial lighting shall be provided to permit routine inspection and facilitate routine cleaning and the proper care and maintenance of the animals. Lighting shall be so arranged as to protect each animal from excessive illumination.
(4)
All facilities shall be adequately ventilated with fresh or filtered air to minimize drafts, odors and moisture condensation and to provide for the health and comfort of the animals at all times. Ventilation shall be provided by either natural or mechanical means. The necessary equipment or comparable means shall be provided to exhaust the air from the animal area to the outside of the building.
(5)
One inside pen shall be provided for each dog or cat being boarded or kept.
(a)
For dogs, any inside pen shall be of sufficient space to allow the dog kept therein to be comfortable, and shall have no less than 25 square feet of floor area per dog. Enclosures must be large enough for dogs to stand fully erect on all four legs with at least six inches of headroom.
(b)
For cats, any inside pen shall have a minimum measurement of two feet wide by two feet in length for all cats. Any pen shall be of sufficient height for the cat to stand fully erect on all four legs with at least three inches of headroom.
(6)
There shall be a minimum of one outside run per pen.
(7)
Each outside run shall:
(a)
Be a minimum of three feet in width and 10 feet in length except for dogs of the size of 100 pounds or more. For dogs 100 pounds or more, the run shall be four feet in width and 10 feet in length.
(b)
Have a concrete base.
(c)
Be enclosed by a minimum of a six-foot-high fence, unless the breed of dog requires an additional height to prevent jumping or climbing out or over, with secure gates, and which shall deter dogs from escaping over, under or through the fence; said fence must be a good grade, commercial chain-link or welded wire fence carried on solid posts set in concrete with a minimum of eleven-gauge wire and two-inch steel posts set on no greater than ten-foot spans; other types of fencing may be required and/or approved on a case-by-case basis.
(d)
Provide a form of shelter if not directly linked to a separate indoor kennel area.
(8)
Sewage and waste shall be disposed of by connection of drains to a sanitary sewer or a state, county or locally approved sewage disposal system. Drainage systems shall be provided with backflow prevention devices on submersible inlets and hair traps, if required by law, on all plumbing lines in animal areas where hoses may be attached for cleaning of the facility.
(9)
Within a watershed protected area, outdoor animal facilities shall be separated by a vegetative buffer of not less than 100 feet from any stream, wetland, or other surface water features, including wet detention ponds. In all other areas, outdoor animal facilities shall be separated by a vegetative buffer of not less than 50 feet from any stream, wetland, or natural surface water feature.
(10)
Commercial breeding facilities must be located on a lot having at least five acres, or on lands that have been granted all necessary variances for location of the facility thereon. All buildings and structures housing animals, and all pens, runs and open areas where dogs are allowed, shall be located no closer than 300 feet to any lot or street line. All storage areas, including dumpsters, shall be sited to the rear of the building, within the setbacks required of the zoning district.
(11)
All facilities shall be adequately screened by fence, plantings or landscaping from all roads and adjacent properties. All fences used for screening shall have a height of six feet. All vegetative screening and buffers shall have a height of six feet or more within four growing seasons.
(12)
All outdoor lights shall be designed and placed in accordance with the standards set forth in § 165-36.
(13)
Due to the Town's and the public's interest in ensuring that dogs and cats are being treated properly, in a healthy and safe manner and in accordance with all local, state and federal laws, the Zoning Board of Appeals may condition any special use permit approval on the owner/applicant having to renew said special use permit within a time period specified by the Zoning Board of Appeals from the effective date of the initial special use permit or any renewal issued thereafter, with the owner/applicant having to be in full compliance with all provisions of this section and of Article III, as amended, of Chapter 55 of the Code of the Town of Geneva at the time such renewal is being requested. The Zoning Board of Appeals shall not renew any special use permit for a commercial breeding facility that has been found by any court of the State of New York at any time to be in violation of Article III, as amended, of Chapter 55 of the Code of the Town of Geneva or of this § 165-41. Where a commercial breeding facility has been the subject of a complaint or complaints of any violation of Article III, as amended, of Chapter 55 of the Code of the Town of Geneva or of any violation of this § 165-41, the Zoning Board of Appeals may base a determination to not renew a special use permit on, among other things, the existence of such complaint or complaints, their nature, whether or not the commercial breeding facility has fully corrected such violation or violations and the timeliness and thoroughness of curing such violation or violations.
(14)
In the event there is some dispute over whether a special use permit should be renewed, a veterinarian may be retained to advise the Zoning Board of Appeals. The owner shall pay the veterinarian's charge for inspection, and said payment shall be made to the Town of Geneva prior to the inspection. Failure to pay the veterinarian charges shall bar renewal of the license.
(15)
All commercial breeding facilities shall supply proof that the proposed facility will comply with all requirements of Article III, as amended, of Chapter 55 of the Code of the Town of Geneva and other provisions of the Code of the Town of Geneva.
(16)
Prior to the commencement of any use or upon any control of a commercial breeding facility, the premises shall be inspected by the Town Code Enforcement Officer, together with the Ontario County Animal Control Officer, and found to be in compliance with the Geneva Town Code, the New York State Agriculture and Markets Law, the New York State General Business Law, the Federal Puppy Protection Act of 2001 amendment to the Federal Animal Welfare Act and the Uniform Fire Prevention and Building Code or other applicable laws.
(17)
Any owner and/or operator, employee of the owner and/or operator, or agent of the owner and/or operator shall permit the Town Code Enforcement Officer, the Ontario County Animal Control Officer, representatives of the Ontario County Health Department, the Ontario County Sheriff's Department, the New York State Police, and the New York State Department of Health or any other Town, county or state department or agency that has permitting authority regarding the use of the premises to inspect the premises of the commercial breeding facility for the purpose of ensuring compliance with this section and with Article III, as amended, of Chapter 55 of the Code of the Town of Geneva at any time it is occupied or open for business.
(18)
If, upon inspection as described above, it shall be found that the operator has violated any provisions of this section or of Article III, as amended, of Chapter 55 of the Code of the Town of Geneva, the Zoning Board of Appeals shall have the power to revoke or suspend the permit and order the animals removed or facility closed after notice and an opportunity for the owner to be heard.
(19)
No person who has been convicted of cruelty to animals shall be issued a permit to operate any breeding facility.
(20)
A permit issued on the basis of false information supplied by the applicant shall be revoked/denied, and the operation of the subject breeding facility shall be terminated.
(21)
The Code Enforcement Officer shall have the authority to examine the premises and locations of any buildings or structures in the Town of Geneva and shall determine whether or not they comply with the existing zoning laws. The Animal Control Officer shall have the authority to inspect the premises and buildings and assess the conditions of the dogs/cats within the buildings and structures in the Town of Geneva. The Code Enforcement Officer shall keep a permanent record of all violations of this section, whether reported by private citizens or by any board, agency, officer or employee of the Town, and such record shall show the disposition of all such violations.
(22)
A site plan, to be approved by the Town Planning Board, is required and shall show the following:
(a)
The lot, lot size, setbacks and dimensions of all proposed buildings, training and exercise yards, runs, pens, fencing and related improvements.
(b)
Preexisting structures on the same lot, and principal structures on other properties that would affect setbacks.
(c)
All buildings, structures, enclosures, pens, runs, fencing, plantings, landscaping, lighting, sewage disposal plans, drainage plans, parking, access areas, buffers and/or screening devices for facilities and areas.
(d)
The anticipated kinds and maximum number of animals to be housed at one time.
(e)
A sign that meets the standards of the zoning district.
(f)
A statement of whether the commercial breeding facility is situated partly or wholly within a watershed protected area.
(g)
Any stream, wetland, or other surface water features, including wet detention ponds, located within 100 feet of the site if the commercial breeding facility is situated partly or wholly within a watershed protected area and any stream, wetland, or other surface water features, including wet detention ponds, located within 50 feet of the site if the commercial breeding facility is not situated partly or wholly within a watershed protected area.
(h)
Any other relevant elements as requested by the Planning Board.
§ 165-42 Noncommercial breeding facility special use permits.
A.
Legislative intent. It is the intent of this section to set forth regulations regarding the establishment, maintenance and operation of noncommercial breeding facilities, to protect and preserve the health, safety and welfare of the dogs and cats in these noncommercial breeding facilities as well as of the public who will work in, patronize, visit, conduct business with or otherwise come in contact with noncommercial breeding facilities, and further to enable the Town to maintain an ongoing record of noncommercial breeding facilities.
B.
Establishment of a special use permit for noncommercial breeding facilities. The Zoning Board of Appeals shall issue the special use permit and shall ensure compliance with the following terms and conditions. In the event there is a request for variance of the terms and conditions relating to distance setbacks or other criteria normally addressed in an area variance, the applicant shall make a separate application to the Zoning Board of Appeals for the granting or denial of such a request.
(1)
All enclosures shall be structurally sound to contain the animals and to restrict the entrance of other animals, constructed from materials that can be easily cleaned and maintained in good repair to protect the dogs and/or cats from illness or injury.
(2)
Due to the Town's and the public's interest in ensuring that dogs and cats are being treated properly, in a healthy and safe manner and in accordance with all local, state and federal laws, the Zoning Board of Appeals may condition any special use permit approval on the owner/applicant having to renew said special use permit within a time period specified by the Zoning Board of Appeals from the effective date of the initial special use permit or any renewal issued thereafter, with the owner/applicant having to be in full compliance with all provisions of this section and of Article III, as amended, of Chapter 55 of the Code of the Town of Geneva at the time such renewal is being requested. The Zoning Board of Appeals shall not renew any special use permit for a noncommercial breeding facility that has been found by any court of the State of New York at any time to be in violation of Article III, as amended, of Chapter 55 of the Code of the Town of Geneva or of this § 165-42. Where a noncommercial breeding facility has been the subject of a complaint or complaints of any violation of Article III, as amended, of Chapter 55 of the Code of the Town of Geneva or of any violation of this § 165-42, the Zoning Board of Appeals may base a determination to not renew a special use permit on, among other things, the existence of such complaint or complaints, their nature, whether or not the noncommercial breeding facility has fully corrected such violation or violations and the timeliness and thoroughness of curing such violation or violations.
(3)
In the event there is some dispute over whether a special use permit should be renewed, a veterinarian may be retained to advise the Zoning Board of Appeals. The owner shall pay the veterinarian's charge for inspection, and said payment shall be made to the Town of Geneva prior to the inspection. Failure to pay the veterinarian charges shall bar renewal of the license.
(4)
All noncommercial breeding facilities shall supply proof that the proposed facility will comply with all requirements of Article III, as amended, of Chapter 55 of the Code of the Town of Geneva and other provisions of the Code of the Town of Geneva.
(5)
Prior to the commencement of any use or upon any control of a noncommercial breeding facility, the premises shall be inspected by the Town Code Enforcement Officer, together with the Ontario County Animal Control Officer, and found to be in compliance with the Geneva Town Code, the New York State Agriculture and Markets Law, the New York State General Business Law, the Federal Puppy Protection Act of 2001 amendment to the Federal Animal Welfare Act and the Uniform Fire Prevention and Building Code or other applicable laws.
(6)
Any owner and/or operator, employee of the owner and/or operator, or agent of the owner and/or operator shall permit the Town Code Enforcement Officer, the Ontario County Animal Control Officer, representatives of the Ontario County Health Department, the Ontario County Sheriff's Department, the New York State Police, and/or the New York State Department of Health or any other Town, county or state department or agency that has permitting authority regarding the use of the premises to inspect the premises of the noncommercial breeding facility for the purpose of ensuring compliance with this section and with Article III, as amended, of Chapter 55 of the Code of the Town of Geneva at any time it is occupied or open for business.
(7)
If, upon inspection as described above, it shall be found that the operator has violated any provisions of this section or of Article III, as amended, of Chapter 55 of the Code of the Town of Geneva, the Zoning Board of Appeals shall have the power to revoke or suspend the permit and order the animals removed or facility closed after notice and an opportunity for the owner to be heard.
(8)
No person who has been convicted of cruelty to animals shall be issued a permit to operate any breeding facility.
(9)
A permit issued on the basis of false information supplied by the applicant shall be revoked/denied, and the operation of the subject breeding facility shall be terminated.
(10)
The Code Enforcement Officer shall have the authority to examine the premises and locations of any buildings or structures in the Town of Geneva and shall determine whether or not they comply with the existing zoning laws. The Animal Control Officer shall have the authority to inspect the premises and buildings and assess the conditions of the dogs/cats within the buildings and structures in the Town of Geneva. The Code Enforcement Officer shall keep a permanent record of all violations of this section, whether reported by private citizens or by any board, agency, officer or employee of the Town, and such record shall show the disposition of all such violations.