Greenville City Zoning Code
ARTICLE XI
Special Conditions
§ 205-58 Conditions enumerated.
A.
When cited in the Use and Bulk Tables,[1] any one or more of the following special conditions will be requisite to the approval of that particular use:
(1)
Agricultural and nursery produce must be grown primarily on the premises and sold in buildings.
(2)
Aircraft uses.
(a)
Any areas to be used by aircraft under its own power shall be provided with a dustless surface.
(b)
The hours of operation shall be limited by the Planning Board to prevent disturbance to nearby residences.
(c)
No area to be used by aircraft under its own power on the ground shall be less than 200 feet from any lot line. Evidence shall be presented to the Board that ample safeguards to minimize the hazards and disturbance from noise of aircraft affecting residents and properties in the vicinity will be assured at all times of operation.
(d)
The application for a permit shall be accompanied by evidence that the proposed facility will meet the standards and requirements of the Federal Aviation Administration.
(e)
Access to areas used by aircraft in motion shall be controlled by fences and gates.
(3)
The principal use must not be carried on in enclosed buildings with a floor area greater than 1,500 square feet.
(4)
Race tracks for mechanized vehicles shall not be permitted.
(5)
Recreational uses. Any recreational use located within 100 feet of a lot line shall be effectively screened along lot lines. Screening shall consist of a type of fencing or a hedge of such type and spacing as may be required by the Planning Board, of an initial height of not less than five feet and adequate ultimately to screen all operations on the lot from the view of neighboring properties.
(6)
Amusement parks and circuses require a temporary special permit of the Town Board for a period not to exceed six days.
(7)
Kennels and runs.
(a)
No kennel, runway or exercise pen shall be located within 300 feet of any lot line.
(b)
Not more than one bitch and two other dogs over six months old nor more than one litter under six months of age and not more than five horses nor more than 100 fowl shall be permitted, and no animals (except dogs) or fowl shall be penned or housed within 50 feet of any lot line.
(8)
There shall be no stable or similar animal housing or the storage of manure or other odor- or dust-producing substance or use, except spraying or dusting to protect vegetation, within 150 feet of any lot line.
(9)
No greenhouse heating plant shall be operated within 50 feet of any lot line.
(10)
Membership clubs.
(a)
Any membership club must be incorporated pursuant to the provisions of the Membership Corporation or the Benevolent Order Laws of the State of New York and cater exclusively to members and their guests.
(b)
The dining room must be incidental to the activities of said club or fraternal lodge and be conduced for the benefit of the members thereof only.
(c)
The chief activity of such clubs and fraternal lodges shall not be a service customarily carried on as a business or primarily for gain.
(11)
The use of outdoor public address systems for any purpose shall be prohibited.
(12)
Exterior lighting, other than that essential for the safety and convenience of the users of the premises, shall be prohibited.
(13)
Any inner court shall have a minimum dimension of 60 feet, and every outer court shall have a minimum dimension of 20 feet and its depth shall not exceed its width.
(14)
There shall be provided on the same lot or site as a multiple dwelling building a suitably fenced children's play area containing not fewer than 100 square feet of ground area for each dwelling unit therein.
(15)
Professional offices. In a garden apartment or townhouse development, not more than one professional office or studio, other than accessory to a use otherwise permitted, may be permitted according to the following ratio:
(a)
Zero to 12 dwelling units: no nonaccessory professional office or studio.
(b)
Thirteen to 25 dwelling units: one nonaccessory professional office or studio.
(c)
Twenty-six to 50 dwelling units: two nonaccessory professional offices or studios.
(d)
Fifty-one to 75 dwelling units: three nonaccessory professional offices or studios with such uses in larger developments to be determined at the same ratio. Such office or studio shall be only on the street floor of any building or on the floor immediately above the street floor only if there be direct access to such office or studio from outside the building.
(16)
Home occupations:
(a)
Home occupations shall be approved as special permits by the Planning Board of the Town of Greenville after appropriate application and public hearing.
(b)
A special permit for a customary home occupation shall be valid for the balance of the calendar year in which it is granted. It shall be subject to renewal prior to January 1 of each year, upon application to the Planning Board, payment of an annual fee set from time to time by the Town Board in Chapter A212, payment of any other additional fees as may be required by the Town, and an investigation by the Planning Board indicating that all conditions imposed upon the original granting of the special permit by the Planning Board continue to be adhered to.
(c)
Customary home occupations shall be permitted as follows:
[1]
An occupation or profession which:
[2]
In particular, a home occupation includes, but is not limited to the following:
[a]
Art studio.
[b]
Dressmaking.
[c]
Professional office of a physician, dentist, lawyer, engineer, architect or accountant within a dwelling occupied by the same.
[d]
Teaching, with musical instruction limited to a single pupil at a time.
[e]
Retail sale and/or repair of antiques, curios and handmade articles, provided that exterior exhibition space shall not exceed 20% of interior exhibition space.
[f]
Sales, advertising or management activities strictly limited to telephone contacts.
[g]
Barbershops and beauty parlors.
[h]
Real estate office.
(d)
However, a home occupation shall not be interpreted to include the following:
(e)
Customary home occupations.
[1]
The customary home occupation shall be carried on wholly within the principal building or within a building or other structure accessory thereto and shall be carried on in an area not exceeding 30% of the area of the ground floor of the principal building.
[2]
Not more than one person outside the resident family shall be employed in the home occupation.
[3]
There shall be no exterior display (except as permitted pursuant to the definition of "sign, illuminated"), no exterior sign [except as permitted in § 205-58A(48)(a) and (b)], no exterior storage of materials and no other exterior indication of the home occupation or variation from the residential character of the principal building.
[4]
Only customary household appliances and equipment shall be used.
[5]
No offensive noise, vibration, smoke, dust, odors, heat or glare shall be produced.
[6]
All buildings and land must be under unified ownership and/or control.
(17)
(Reserved)
(18)
Accessory agricultural buildings shall conform to the yard requirements for principal buildings.
(19)
Accessory uses shall be effectively screened along lot lines, as required by the Planning Board.
(20)
Outside storage.
(a)
Outside storage areas must be screened by an eight-foot high solid wall or fence uniform in finish and appearance or by an effective living screen of evergreen-type. In no case shall materials be stored so as to exceed the height of the wall or fence or be visible from the public right-of-way or boundaries of the lot.
(b)
Bulk storage of any kind, including lumberyards, warehouses, oil and gas storage, junkyards or similar uses are prohibited in the Commercial Mixed-Use District (except gasoline as accessory to a motor vehicle station).
(c)
All such storage must be enclosed or underground.
(d)
Storage of vehicles shall not be located nearer than 200 feet to a lot line.
(21)
Shipping and receiving docks shall have adequate access to and from a public street without using said street for maneuvering purposes and shall not be located nearer than 200 feet to a lot line.
(22)
Commercial activities in residential areas.
(a)
No repair of motor vehicles, or shipping and receiving, shall be permitted within 600 feet of a residential area, or between the hours of 8:00 p.m. and 6:00 a.m.
(b)
If floodlighting is used, it shall be arranged so as to eliminate the glare of lights toward nearby residential areas.
(c)
No public address system for outdoor use shall be permitted. The Planning Board may impose additional regulations to minimize noise disturbance affecting nearby residential areas.
(d)
All structures and uses shall be effectively screened along lot lines, as required by the Planning Board.
(23)
Summer camps/campgrounds.
(a)
Regulations.
[1]
Each campground shall be provided with safe and convenient access for the ingress and egress of traffic from the public highway.
[2]
All service roads shall be constructed at a minimum 10 feet on one-way and 20 feet on two-way to permit safe and convenient movement of traffic, and shall be maintained in a proper state of repair.
[3]
All campsites shall be at least 200 feet from any public road and 50 feet from an adjoining property line.
[4]
Suitable parking for campers shall be provided which does not interfere with access and service road traffic.
[5]
Campsites in a campground shall not exceed an average of 10 campsites per acre, inclusive of service roads, toilet buildings, other buildings, etc.
[6]
Each campsite, including parking space, shall provide a minimum of 900 square feet of space.
[7]
Each campsite shall be well-drained and laid out in such a manner as to provide sufficient open and graded space for the accommodation of camping units and shall provide parking space for an automobile which will not interfere with the convenient and safe movement of traffic.
[8]
Consistent with these requirements trees for the provision of shade should be distributed as little as possible and, wherever practicable, trees, underbrush, large rocks and other natural features should be left intact at the edges of adjoining campsites to insure privacy. Natural vegetative cover shall also be retained, protected and maintained within the campground wherever possible so as to facilitate drainage, prevent erosion or gullying and preserve the scenic attributes of the area.
[9]
Occupancy of any campsite in a particular campground by the same person or persons shall not be permitted for more than 15 consecutive days in any month from November 1 to April 1.
[10]
Except during May, June, July, August, September and October, unoccupied camping units and equipment shall not be permitted to remain on any campsite. During the months of November through April, said camping units or equipment may be stored at a designated storage area on the campground.
[11]
Fireplaces, if provided, shall be located in a safe and convenient location where they will not constitute a fire hazard to vegetation, undergrowth, trees and camping units.
[12]
An adequate supply of potable water capable of supplying a total capacity of at least 50 gallons per campsite per day, and at least 100 gallons per campsite per day if water-flushed toilets are used, shall be provided at one or more locations in every campground.
[13]
Only water from a source approved by the local Board of Health shall be provided at a campground. Individual point or driven wells, dug wells, springs, and other sources of supply may be used if approved by the local Board of Health. Such sources of supply shall be properly located, constructed and maintained to avoid contamination of the water therefrom.
[14]
Toilets and urinals shall be provided at one or more locations in every campground and shall be convenient of access. Separate toilet facilities shall be provided for males and females, and shall be clearly marked. Each toilet shall be in a separate compartment and be provided with a door to insure privacy. Toilet paper shall be provided in each toilet. Toilets and urinals shall be maintained in a clean condition.
[15]
The owner of a campground shall provide for the collection of refuse and garbage daily and shall also conveniently locate refuse containers on each campsite. Refuse containers shall be cleaned, covered and maintained as often as may be necessary to promote a wholesome and non-odorous condition to prevent the breeding of insects therein.
[16]
The owner of a campground shall adopt control measures for insect, rodent and weed control and shall keep the campgrounds free of refuse, stagnant water areas, and other articles which may provide temporary breeding places for insects and rodents.
[17]
No owner of a campground shall cause or permit any discontinuance or unnecessary interruption of any services, facilities, equipment or utilities on the campgrounds.
[18]
Every campground shall be under the supervision of the owner or a caretaker to maintain order and to insure compliance with the regulations herein.
[19]
Every camper during the period of their occupancy of any campsite shall be responsible for the conduct of the members of their party, shall be responsible for the maintenance of their campsite in a clean and wholesome condition, shall see that the campsite is not littered with debris and refuse, and shall maintain all pets under control so as not to create a public health or noise menace. They shall not leave a dog unleashed and unattended at a campsite, shall not leave fires unattended at a campsite, and shall not permit undue noise at any time.
[20]
Whenever a camper has terminated their stay at a campground they shall not leave the campsite without clearing the same of litter and debris and leaving it in a clean and wholesome condition. All fires shall be extinguished and all possessions of the camper and their party removed.
[21]
Each camper, upon arriving at a campground, shall register, leaving their name, address, car registration, and number of persons in their party with the owner or caretaker of said campground.
[22]
Every campground shall have a minimum of three toilets for male persons and a minimum of three toilets for female persons. If there be over 12 campsites in a campground there shall be an additional toilet for both male and female persons for every four campsites.
[23]
If drinking fountains are provided, they shall be constructed of impervious material and have an angle jet with a nozzle above the overflow rim of the bowl. The nozzle shall be protected by a non-oxidizing guard. The bowl shall be of easily cleanable design and be equipped with a strainer.
[24]
If showers are provided, there shall be separate showers for males and females clearly marked. Shower stalls shall be of an individual type and dressing compartments shall be provided which are screened from view and equipped with a stool or bench and clothes hooks. Shower stalls and dressing compartments shall be maintained in clean condition.
[25]
If a holding tank emptying station for camping vehicles is provided, each station shall be convenient of access, shall be at least 50 feet from any campsite, and shall be equipped with means for flushing the camping vehicle holding tank. Such station shall be constructed in conformity with health regulations and shall be posted to warn against unreasonable access.
(b)
Permits.
[1]
No person shall construct, expand and/or operate a campground without a permit.
[2]
Any person desiring to construct, expand and/or operate a campground shall make application therefor in writing to the Town Board. Such application shall include the applicant's full name, residence, post office address and whether the applicant is an individual, firm or corporation. If a partnership, the names and addresses of all partners shall be included. If a corporation, the names and addresses of the officers of the corporation shall be included. A diagrammatic sketch plan of the proposed campground or expansion showing the location, dimensions of the area, proposed service roads, campsites, water supplies, sanitary conveniences, sewage disposal facilities, storage areas and auxiliary buildings. Distances from adjoining public highways and adjoining owners shall be shown. Approval of the Board of Health shall be attached in relation to sanitary and sewage disposal facilities.
[3]
The Town Board, upon approval of such application, shall authorize the Town Clerk to issue a permit, and such permit shall be conspicuously posted on the campground premises.
[4]
A fee for an initial permit is hereby fixed in the sum of $25, and shall be valid from the date of its issuance until the last day of the year of issuance, and shall be renewed annually. The renewal fee shall be $5 per annum.
(c)
Inspections.
[1]
The Town police, the Town Clerk or the Town Board, or any of its representatives or designated agents, shall be granted access to the area of such campground at all reasonable hours to inspect the same for compliance herewith.
(d)
Revocation and suspension of permits.
[1]
A permit may be revoked by the Town Board after a public hearing thereon at which the licensee shall have an opportunity to be heard.
[2]
Upon a complaint filed with the Town Board in writing or upon the Town Board's own initiative, a permit may be suspended or revoked for a violation of this chapter or for failure to conform to any rules and regulations of the Board of Health, or any other state or local agency.
[3]
While a permit is suspended or if a permit is revoked, no owner of any campground shall permit the same to be used or occupied by any camper.
(e)
Penalties for offenses.
[1]
The owner or licensee of any such place of business who commits or permits any acts in violation of any of the provisions of this chapter shall be deemed to have committed an offense against such chapter, and also shall be liable for any such violation or the penalty therefor. Each day such violation shall continue or be permitted to exist shall constitute a separate violation.
[2]
For every violation of any provision of this chapter the person violating the same shall be subject to a fine of not more than $100 or imprisonment not exceeding 30 days, or both such fine and imprisonment.
[3]
Conviction for any above-mentioned violation shall constitute and effect an immediate forfeiture of the license.
[4]
Any person violating this chapter shall be subject to a civil penalty enforceable and collectable by the Town in the amount of $100 for each such offense. Such penalty shall be collectable by and in the name of the Town for each day that such violation shall continue.
[5]
In addition to the above-provided penalties and punishment, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of such chapter.
(24)
Cemeteries shall be subject to approval of the Town Board.
(25)
Multiple dwellings.
(a)
All requirements for multiple dwellings shall be complied with.
(b)
Such structures shall have contained on the effective date of this chapter, 1,000 square feet of livable floor area for each additional dwelling unit created.
(c)
Multifamily dwellings, group dwellings, and multiple dwellings, specifically including but not limited to townhouses, condominiums, garden apartment complexes, cooperative apartment complexes and high-density apartment complexes, shall only be permitted in the Commercial Mixed-Use Zoning District.
(26)
Prohibited uses.
(a)
Any use which is noxious or offensive by reason of emission of odor, dust, noise, glare, smoke, gas, fumes or radiation or which presents a hazard to public health or safety shall be prohibited.
(b)
Manufacturing uses involving primary production of the following products from raw materials are prohibited:
[1]
Alcohol, industrial.
[2]
Ammonia.
[3]
Aniline dye.
[4]
Animal size.
[5]
Asphalt.
[6]
Bone black.
[7]
Carbides.
[8]
Carbon black.
[9]
Caustic soda.
[10]
Cellulose.
[11]
Cement.
[12]
Charcoal.
[13]
Chlorine.
[14]
Coal.
[15]
Coke.
[16]
Creosote.
[17]
Explosives.
[18]
Fat rendering.
[19]
Fertilizers.
[20]
Gas manufacturing.
[21]
Gelatin.
[22]
Glue.
[23]
Hydrochloric acid.
[24]
Hydrogen.
[25]
Linoleum.
[26]
Matches.
[27]
Nitrates (manufactured and natural) of an explosive nature.
[28]
Nitric acid.
[29]
Oil cloth.
[30]
Oxygen.
[31]
Paint.
[32]
Phosphoric acid.
[33]
Picric acid.
[34]
Plastic materials.
[35]
Potash.
[36]
Pyroxylin.
[37]
Rayon yarn.
[38]
Rubber (natural and synthetic).
[39]
Soaps.
[40]
Starch.
[41]
Sulfuric acid.
[42]
Synthetic rosins.
[43]
Tar products.
[44]
Turpentine.
[45]
Varnish.
(c)
Manufacturing uses involving the following processes are prohibited:
[1]
Alloying of metal or metal ore.
[2]
Distillation of wood or bones.
[3]
Magnesium foundry.
[4]
Milling or processing of flour or grain.
[5]
Nitrating of cotton or other materials.
[6]
Reduction and processing of wood pulp and fiber, including paper mill operations.
[7]
Refining petroleum products, such as gasoline, kerosene, naphtha and lubricating oils.
[8]
Refining secondary aluminum.
(d)
Operations involving slag piles, stockyards and slaughterhouses and grain elevators are prohibited in the Industrial Park District.
(27)
Driveways.
(a)
Entrance and exit driveways shall be located not nearer than 10 feet to any side property line nor less than 50 feet from the nearest intersection of a public right-of-way and shall be laid out so as to avoid the necessity of any vehicle backing out across any public right-of-way.
(b)
Entrance and exit driveways shall have an unrestricted width of not less than 12 feet and not more than 24 feet, and shall be located not nearer than 10 feet from any property line, and shall be so laid out as to avoid the necessity of any vehicle backing out across any public right-of-way.
(28)
All permitted uses and all storage accessory thereto, other than off-street parking, shall be carried on in buildings fully enclosed on all sides.
(29)
Any use located on a lot within 25 feet of a lot line shall be screened along such lot line. Screening shall consist of a type of fencing or a hedge of such type and spacing as may be required by the Planning Board, of an initial height of not less than five feet and adequate ultimately to screen all operations on the lot from the view of adjacent properties.
(30)
Dumps, except those owned and operated by the Town, are prohibited.
(31)
Swimming pools.
(a)
Any swimming pool shall be incidental to the residential use of the premises and not operated for gain. For purposes of this chapter, swimming pools shall be considered as structures and a building permit is required.
(b)
Swimming pools with an area of 150 square feet or more and a depth in excess of two feet shall conform to the following requirements:
[1]
The edge of the pool shall be kept a distance of not less than 20 feet from all property lines.
[2]
If located within 50 feet of any property line, such pool shall be screened from the view of abutting properties.
[3]
The pool shall be provided with an adequate permanent fence. Said fence shall be not less than four feet in height and erected, maintained and provided with a self-locking gate to prevent accidents and unauthorized use of the pool.
(32)
One accessory residence may be located on a lot, not to exceed the size of the principal residential structure and not to be erected within the required front, side or rear yards of the principal building. Together, the principal residential structure and the accessory residence must occupy an area that could be legally subdivided, resulting in two conforming lots each with a principal residential structure.
(33)
Any building used for a residence on the first floor shall have a lot area and lot width, side and rear yards as specified by the Planning Board and shall not cover more than 40% of the area of the lot. If such building is for residence use above the first floor only, there shall be a rear yard at least 30 feet in depth.
(34)
No sawmill operation will be permitted within 1,000 feet of any residence nor within 200 feet of any designated protection area.
(35)
An area fully concealed from any street and equal to not more than 20% of the area devoted to retail sales shall be so used.
(36)
Not more than three employees may be engaged in such production or processing.
(37)
No development shall take place within 200 feet of the periphery of the entire mobile home court, nor within 200 feet of any public road frontage on which the mobile home court abounds, except that properly landscaped public parking areas and recreational areas may intrude into such undeveloped area by 100 feet.
(38)
Motor vehicle sales and service.
(a)
No motor vehicle shall be stored or parked in any required front yard.
(b)
No motor vehicle sales, service, repair and storage and sale of motor vehicle fuel shall take place.
(c)
The most restrictive requirements for all uses shall prevail.
(d)
Motor vehicle lifts or pits, dismantled automobiles and all parts or supplies shall be located within a building.
(e)
All service or repair of motor vehicles, other than such minor servicing as change of tires or sale of gasoline or oil, shall be conducted in a building.
(f)
No motor vehicle sales, or storage and sale of motor vehicle fuel shall take place.
(g)
Not more than 10 motor vehicles requiring servicing or repairs shall be stored or parked outdoors for more than 48 hours, and these shall be effectively screened from all property lines as prescribed in Subsection A(20)(a) above.
(h)
No motor vehicle servicing, major repairing or wrecking and dismantling operations or storage and sale of motor vehicle fuel shall take place.
(i)
The storage of gasoline or flammable oils in bulk shall be located fully underground and not nearer than 35 feet from any property other than the street line.
(j)
No gasoline pumps shall be located nearer than 20 feet to any street line or right-of-way.
(k)
No building permit for any such establishment shall be issued within a distance of 200 feet of any school, church, hospital or other place of public assembly designed for occupancy by more than 50 persons; or within 500 feet of another motor vehicle sales, service station or repair garage; the said distance to be measured in a straight line between the nearest points of each of the lots or premises, regardless of the district where either premises is located.
(l)
No motor vehicle sales, major body repairing or wrecking or dismantling operations shall take place.
(m)
Not more than five motor vehicles shall be stored or parked outdoors for more than 48 hours.
(39)
Any such school shall be a nonprofit organization within the meaning of the Internal Revenue Act and shall be registered effectively as such thereunder.
(40)
Such public utility uses shall be subject to such conditions as the Planning Board may impose in order to protect and promote the health, safety and general welfare of the community and the character of the neighborhood in which the proposed structure is to be constructed.
(41)
A building permit will not be issued for a neighborhood commercial center until 500 dwelling units have been constructed and occupied.
(42)
Professional office and studio.
(43)
No parking or display of merchandise may take place within required yards.
(44)
Outdoor storage in an orderly manner is permitted in any area other than required front, rear or side yards, provided that such outdoor storage does not exceed 15 feet in height or occupy more than 10% of the area of the lot and is effectively screened from any adjacent uses, as specified in § 205-24I.
(45)
Such use shall have frontage on a state or County road.
(46)
No burning or incineration of materials shall take place.
(47)
The site shall be kept in such condition as not to attract or harbor pests, rodents or other vermin.
(48)
Signage.
(a)
General regulations.
[1]
One non-illuminated name plate with an area of not over two square feet shall be permitted.
[2]
On-site signs, off-site directional signs and bulletin boards shall be permitted, provided that:
[a]
Permanent signs shall not exceed 20 square feet for each of two faces.
[b]
Signs advertising the sale of agricultural produce available seasonally and seasonal rural outdoor recreational facilities, e.g., skiing, equestrian and aquatic activities, shall meet the standards for permanent signs.
[c]
A standard size as determined by the Town of Greenville shall be permitted off-site at each major intersection for businesses located within the Town and permitted under the zoning. The cost of such signs and/or replacement cost, if damaged, shall be borne by the owner of the business. The post shall be erected and maintained by the Town. Application for such signs shall be approved by the Planning Board and forwarded to the Town Board for execution. All existing off-site directional signs shall conform to this regulation by removal within one year from the effective date of this chapter.
[d]
No sign shall exceed 10 feet in height, measured from ground level to the top of the sign.
[e]
No sign shall be illuminated except indirectly.
[f]
No sign shall be located nearer than 15 feet of any street or property line.
[g]
One sign is permitted on each side of an official street on which the property has frontage.
[3]
No sign shall be displayed advertising such activity.
[4]
One non-flashing, illuminated sign containing an area not more than 24 square feet (on each of two surfaces) and located not more than 10 feet above ground level at its highest point may be displayed. Such sign shall be set back at least 20 feet from any public road and at least 50 feet from all other property lines.
[5]
Not more than one sign shall be permitted for each tenant on the premises on each wall fronting on a street or public parking lot.
[6]
The aggregate area, in square feet, of all signs on any wall shall not be greater than two times the length in feet of such wall.
[7]
Such sign or signs shall be parallel to the face of the building and no part thereof, including any illuminating devices, shall project more than 12 inches, nor any distance beyond or above the building in any other direction.
[8]
Where the building is set back from the front lot line a distance of 40 feet or more, not more than one freestanding sign, with a total area on all faces of not more than 40 square feet, may be erected not nearer than six feet to any building. In a motor vehicle service station, not more than one standard sign may be erected in a required front yard for purposes of identification.
[9]
Signs shall not advertise by brand name or insignia any particular brands or products, except those establishments which deal exclusively in one brand or make.
[10]
Exterior spot lighting of buildings or grounds is permitted, provided that such lighting is from shaded sources and located so that the beams are not directed toward any lot line or toward a public highway.
[11]
One freestanding sign necessary to identify the shopping center in the Town district area, or a drive-in theater, with a total area on all faces of not more than 200 square feet, may be located within the first 50 feet of required front yard.
[12]
Not more than one sign shall be permitted facing each street from which access to the lot is provided, announcing the name or insignia, or both, of the company or companies housed in the development on the lot.
[13]
Such sign shall be applied to the wall of the building, shall not exceed an area of 40 square feet and shall not extend beyond the said wall in any direction.
[14]
If illuminated at night, such illumination shall be indirect, with all light sources shielded from the view of adjacent lots and streets.
[15]
One identification sign at each point of access to the lot with an area of not more than three square feet on each of two sides and internal direction signs, each with an area of not more than two square feet on each of two sides, shall be permitted.
(b)
Temporary signs.
[1]
No temporary sign shall be permitted within the Town except as permitted in the exceptions contained herein.
[2]
Exceptions. The following temporary signs shall be permitted within the Town:
[a]
Advertising special municipal, charitable, or nonprofit events. Upon permission by the Building Inspector for the Town, temporary signs may be permitted to advertise special municipal, charitable, or nonprofit events. Such advertisements shall not be permissible earlier than 15 days prior to the special event and must be removed immediately following the special event.
[b]
Announcements of anticipated occupancy of a site or building. Upon permission from the Building Inspector for the Town, one temporary sign to announce the anticipated occupancy of a commercial building is permitted. Such sign shall not exceed 24 square feet if it is freestanding and shall not exceed the maximum size permitted for a permanent sign if it is affixed to a building. If such sign shall be freestanding, it shall not be nearer than 15 feet to any street line or property line.
[c]
Real estate signs. One temporary non-illuminated sign shall be permitted advertising the sale or rental of an individual premises on which a sign is situated, with an area of not over four square feet, provided that such sign is located on the front wall of a building or, if freestanding, then not nearer than 15 feet to any street line or property line.
[d]
Political signs. All political support signs shall conform to the applicable laws of New York State. All political signs shall be removed within seven days after the applicable election.
[3]
Additional regulations.
[a]
No temporary sign permitted herein shall be placed, painted or drawn upon trees, rocks or natural features on the site.
[b]
No temporary sign permitted herein shall be placed on utility poles, bridges, culverts, towers or similar structures except for "Posted" and "No Trespassing" signs.
[c]
No temporary sign permitted herein shall be placed in rights-of-way or public places. Placement of a temporary sign in a right-of-way or public place shall constitute forfeiture of such sign and the Town may remove such sign at any time.
[d]
No temporary sign permitted herein shall be located within 15 feet from the closest property line.
[4]
Penalties.
[a]
Any person, corporation, business, agency or entity who shall be found to have violated a provision of this subsection shall be guilty of a violation and shall be subject to a fine not less than $250 nor more than $500 for each offense.
[b]
Each day a person, corporation, business, agency or entity is in violation of this subsection shall constitute a separate offense.
(49)
The minimum livable floor area per dwelling unit shall be:
(50)
Tenant farmers must be employed on said farm and receive such housing as partial remuneration.
(51)
The use of mobile homes on farms to house tenant farmers shall be permitted upon application to the Planning Board and shall expire at the end of 12 months; thereafter they must be renewed. There shall be a fee set from time to time by the Town Board in Chapter A212, Fees, for each such permit to cover each such mobile home so located.
(52)
Mobile homes shall be located no closer than 100 feet from any public road and shall be located only on land that is considered a part of the same farming operation in which the tenant farmer is employed.
(53)
The total ground or floor area used for wholesale purposes by any establishment shall not exceed 10,000 square feet, unless located within an industrial park.
(55)
No extractive operation will be permitted within 1,000 feet of any residence.
(56)
Clinics, cafeterias and recreational facilities shall be for the exclusive use of company employees.
(57)
Not more than one accessory motor vehicle service station will be permitted when under the same management as the principal use.
(58)
Direct access from an individual lot to a limited access highway or to a residential street is prohibited.
(59)
Only oil, gas or electricity may be used for fuel.
(60)
Such use must not create any dangerous, injurious, noxious or otherwise objectionable fire, explosion, radioactivity or other hazard; noise or vibration; smoke, dust, odor or other form of air pollution; electromagnetic or other forms of disturbance to radio and television reception; glare; harmful discharge, storage or dispersal of liquid or solid wastes in a manner or amount as to adversely affect the surrounding area.
(61)
The minimum floor area per principal building shall be 10,000 square feet per first floor.
(62)
The minimum initial commercial rental space per major designed shopping center within closed buildings, including all component parts, shall be 65,000 square feet. The minimum initial commercial rental space per minor designed shopping center within enclosed buildings, including all component parts, shall be 40,000 square feet.
(63)
Hotel and motel rooms will be permitted at the rate of 50 rooms for the first five acres, and 15 rooms for each additional acre.
(64)
All accessory uses shall be within completely enclosed buildings.
(65)
Storage of gasoline for residential use, but not for resale, is permitted in an aboveground tank not to exceed a capacity of 300 gallons, at least 100 feet from any lot line and at least 50 feet from any residence.
(66)
Except for previously approved and filed subdivision plats, subdivisions on private roads within the Town shall not be permitted or approved. On preexisting approved private roads or private access drives, no more than four one-family dwellings shall be constructed. Access on or over preexisting private roads or private access drives shall meet minimum grade standards of Chapter 181, Subdivision of Land, and shall be so constructed as to support use by fire and other emergency equipment. On preexisting private roads or private access drives, only one-family residences may be constructed. Lots fronting upon a preexisting private road or private access drive, right-of-way or easement shall, therefore, abut a private road that shall not be maintained by the Town as a public street.
(67)
Not more than one unregistered motor vehicle shall be permitted on any lot at one time in all zoning districts and uses, unless specifically permitted in the Use and Bulk Tables (see Nos. 57, 58, 72, 73, 74 and 75).[2]
[2]
Editor's Note: Said Use and Bulk Tables are included as an attachment to this chapter.
(68)
No establishment located in any zone of the Town shall permit any individual, whether an entertainer, employee, guest, patron or otherwise to appear or perform in the presence of patrons with the upper or lower torso uncovered or so thinly covered or draped as to appear uncovered or to permit any person to appear in any scene, act, dance, performance, sketch or in any form of entertainment with the upper or lower part of the torso uncovered or so thinly covered or draped as to appear uncovered. This prohibition shall include any exotic dance or lewd or indecent act or performance to be conducted in any establishment within the Town.
(69)
Adult bookstores or adult novelty stores are prohibited within all zones of the Town of Greenville.
(a)
An "adult bookstore" is defined as an establishment having as a substantial or significant portion of its stock-in-trade books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, or an establishment with a segment or section exclusively devoted to the sale or display of such material.
(b)
An "adult novelty store" is defined as an establishment having as a substantial or significant portion of its stock-in-trade materials including but not limited to articles of clothing, mechanical devices and accessories which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, or an establishment with a segment or section exclusively devoted to the sale or display of such material.
(70)
Self-service storage facilities.
(a)
Districts. Self-service storage facilities shall be permitted in the Commercial Mixed-Use District as defined and set forth in the Town of Greenville Zoning Law.
(b)
Site and design requirements. The following site and design requirements shall apply to all self-service storage facilities to be constructed and maintained within the Town of Greenville:
[1]
Circulation and access. If the site is fenced, the site access drive shall have the fence and its gate set back a minimum of 40 feet from the access road. Internal site circulation lanes shall be adequate in dimensional cross-section, width and turning radii where applicable to provide for the maneuverability of fire trucks. Aisle width shall be a minimum of 23 feet for either one- or two-way traffic flows.
[2]
Security. Provision shall be made for adequate site security and access control. If the facility is gated, adequate provision shall be made for access by emergency service providers when the facility is closed. If fencing is provided for access control, in no case shall barbed wire or razor wire fence components be incorporated into the same. Such fence shall not exceed eight feet in height. Notwithstanding the foregoing, the solid rear and/or side walls) of a storage building or buildings may be incorporated into a fence line for purposes of access control subject to Planning Board approval of the exterior finish of the same and other elements in Subsection A(70)(b)[3] below. Solid or decorative brick, stone, architectural tile, masonry or wood walls may be used for fencing and screening purposes. If provided, fences or their equivalent shall meet the minimum setback requirement for the district. The placement of or incorporation of signs or other advertising media on such fences or walls is not permitted unless expressly so approved by the Planning Board pursuant to Subsection A(70)(b)[3] below.
[3]
Aesthetic, screening, landscaping and lighting. Care shall be taken to provide an aesthetically pleasing, well-landscaped and maintained facility and to avoid a monotonous or fortress-like appearance to the extent that the facility may be visible off site. Required yards shall be landscaped with a mix of trees, shrubs of varying sizes and vegetative ground cover as appropriate to the site and as approved by the Planning Board. The color, material and design of structures, including their roof pitch, shall be reviewed by the Planning Board as to their conformity with surrounding structures and community character to the degree said structures are visible to other properties. Security lighting shall be provided on the site, but in no case shall lighting be directed so as to cause a nuisance or hazard to other properties.
[5]
Limits on storage and use. In no case shall self-service storage facilities permit the storage or maintenance of radioactive, hazardous materials, explosive or controlled substances. The servicing or repair of automotive equipment, tools or machinery and the construction or fabrication of goods or materials shall not take place on the site, either inside or outside the bounds of an individual storage unit. The operation of power tools, spray equipment, compressors and other equipment shall not be permitted as an adjunct to the use or lease of any storage unit. Auctions, garage or tag sales or an other commercial or private sales shall not take place on the site either- by, lessees of storage units or by the owners or operators of the site. Parking spaces required pursuant to Subsection A(70)(b)[10] below may not be rented as nor used for vehicular storage spaces. No additional parking spaces other than those required pursuant to Subsection A(70)(b)[10] below may be provided for the unenclosed storage of vehicles or items, including but not limited to automobiles, motorcycles, trucks, trailers, vans, recreational vehicles, campers, boats or watercraft except that, in the event that the applicant can demonstrate that under no circumstances would the above-listed vehicles or items be visible to any other off-site location either by virtue of existing conditions such as topography or other permanent screening or by virtue of proposed permanent screening, such open storage shall be permitted subject to Planning Board approval. Notwithstanding the foregoing, nothing in this subsection shall be construed as permitting the unenclosed storage of wrecked, inoperable or dismantled vehicles at a self-service storage facility.
[6]
Limits on unit size. The maximum size of a storage unit permitted in a self-service storage facility is 600 square feet. In no case shall a single tenant be permitted to rent or lease more than 1,800 square feet in a single self-service storage facility.
[7]
Drainage. Adequate drainage control measures shall be provided on the site so as to avoid increasing the existing rates of flow off the site. Provision shall be made for protecting the quality of the surface water runoff from the site both during the operation of the site as well as during its construction.
[8]
Signs. Signs shall be permitted as follows: a ground-mounted or pole-mounted sign shall be permitted at the entry of the site. If ground-mounted, such sign shall not be located so as to interfere with the visibility of traffic entering or exiting the site. Such sign shall not be higher than 10 feet, as measured from the top of said sign, and shall not exceed 36 square feet in area. In no case shall any signage or other attention-getting devices be mounted to the roofs, doors or sides of any structures on the site nor to the site fence. On-site circulation signs shall be provided as needed with the review and approval of the Planning Board.
[9]
Accessory uses. A leasing office for the purpose of leasing the units within the self-service storage facility may be provided on the site. A manager's apartment may be provided for the use of a resident, on-site manager in addition to an accessory leasing office. The combined total size of the managers apartment and the leasing office may not exceed 1,200 square feet.
[10]
Parking requirements. Self-service storage facilities shall provide a minimum of one parking space per 100 storage units, in addition to one parking space per 200 square feet of gross office space for the leasing office. Such parking spaces shall be located adjacent to the leasing office. If an on-site manager's apartment is provided, two parking spaces adjacent to said apartment shall be provided for such use in addition to that required for adjacent remainder of the facility.
[11]
Separation requirements. A self-service storage facility shall be separated from another self service storage facility by a straight line distance of 1,500 feet.
[12]
Self-storage facilities shall be special uses as defined in the Zoning Law of the Town of Greenville, Orange County, New York, and applications before the Planning Board of the Town shall be reviewed under applicable provisions for the review of special uses and the granting of special use permits.
[1]
Editor’s Note: Said Use and Bulk Tables are included as an attachment to this chapter.