Applicability. Kennels require site plan approval by the Planning Board, except as specified otherwise pursuant to Subsection C(2)(b) herein.

Categories of kennels. Two categories of kennels are established herein, with different area requirements, operational and confinement standards specified for each:

When applied for by the applicant of the land to be subdivided if, in the judgment and discretion of the Planning Board, their application would benefit the Town by satisfying one or more of the purposes set forth in Subsection A above; or

Where the Planning Board determines that their application would benefit the Town by satisfying one or more of the purposes set forth in Subsection A above and where the Planning Board determines that one or more of the criteria as set forth in Subsection A(2)(a) through (d) below would be achieved. In this case, the Planning Board may require the applicant to submit an application which reflects such modifications of applicable provisions of this chapter.

Provisions.

Notwithstanding Subsection A(3)(b)[1] above, an application to the Planning Board for approval of a conservation subdivision shall receive a density bonus if a minimum of 50% of the land area in the subdivision is set aside as a separate parcel and reserved in perpetuity as open space. In calculating the size of the open space parcel, the Planning Board shall include any land required by the Board to be used for park, playground or other recreational purposes in accordance with NYS Town Law. The open space parcel may also contain undevelopable land such as wetlands and steep slopes. At the discretion of the Planning Board, the designated open space may be included within a building lot, or lots, specifically identified on the subdivision plat. Any lot, or lots, containing designated open space must be encumbered by a permanent restriction that is subject to the review and approval of the Town Attorney.

This density bonus shall be in accordance with the following schedule relative to the number of dwelling units which could be permitted, in the Planning Board’s judgment, if the land were subdivided into lots conforming to all the normally applicable requirements of this chapter, the Land Subdivision Regulations, the Orange County Department of Health Regulations and all other applicable requirements, as determined by the Planning Board based on a conventional subdivision layout and any other information as may be required by said Board for the subject property.

Pursuant to Town Law § 261-b3(g), the Town Board, prior to adoption of this section of this chapter, has evaluated the impact of the above incentive provision upon the potential development of affordable housing gained or lost by the provision of any such incentive. The Board has determined that there is approximate equivalence between potential affordable housing lost or gained.

Pursuant to Town Law § 261-b3(c), the Town Board has also found, after evaluating the effects of any potential incentives, that the districts in which the incentive is authorized contain adequate resources, environmental quality and public facilities, including adequate transportation, water supply, waste disposal and fire protection. Also, the Board has found that there will be no environmentally significant damaging consequences and that such incentives are compatible with the development otherwise permitted.

Areas computed as parking spaces. Areas which may be computed as parking spaces for purposes of this section include fully accessible enclosed spaces, such as garages or carports; or open spaces other than a street, carriageway or driveway, unless specifically included elsewhere in this chapter, except that, for residential uses only, a driveway for an individual dwelling unit may count as one parking space. Notwithstanding the preceding provision, driveways for residential uses that front directly on arterial roads, major or minor collector roads, as listed in the 1990 Master Plan, must contain an adequate turnaround area so as to avoid having vehicles back directly onto such roads.

Size. The minimum required size for standard automobile parking spaces is 10 feet in width and 18 feet in length, if a center island is provided, otherwise 20 feet in length shall be required. Minimum handicapped parking space size and access aisle size and layout shall be as prescribed by current New York State Uniform Fire Prevention and Building Code requirements.

Circulation accessways. Minimum circulation accessways shall be provided as follows:

Access to and from street. Minimum unobstructed access of at least 15 feet in width to and from a street shall be provided for a parking area with up to 20 spaces. For a parking area with more than 20 spaces, dual access or exits may be required.

Surfacing. All unenclosed parking spaces, circulation and accessways shall be properly drained and surfaced. Parking areas accessory to individual single- and two-family detached residences are not required to be surfaced, absent any more restrictive requirements from county or state agencies or of this chapter. Parking areas for more than 10 spaces shall be surfaced with a dustless surface.

Location. Required accessory parking shall be located on the same lot as the use to which it is accessory, or it may be located on an another lot, provided that all such required spaces are within 500 feet of such lot; except that, if the use to which the parking is accessory is not permitted in the district in which the parking spaces are located, such off-site parking shall not be permitted. Any off-site parking shall be protected by means of deed restrictions, approved by the Planning Board, to ensure that the parking is maintained throughout the duration of the use or their replacement elsewhere.

Slope. Parking areas shall not lie on slope that exceeds 6% in any direction.

Residential uses.

Agricultural farm stands: sufficient to meet anticipated needs, but not less than one per five linear feet of agricultural farm stand or 200 square feet of sales area, whichever is greater.

Banks: one per 200 square feet of floor area.

Churches: sufficient to meet anticipated needs, but not less than one space per each of four seats. Accessory uses such as rectories, church schools, etc., should be considered as joint uses pursuant to Subsection A of this part.

Regulated public utilities: sufficient off-street parking to meet anticipated needs.

Automotive repair shops: five spaces for each bay or work station. The parking requirements for any automotive repair component shall be in addition to the parking requirements of any other component of a mixed use, such as gasoline service stations or convenient stores.

Automotive sales: sufficient to meet anticipated needs, but not less than two spaces per salesman's desk at peak working shift. The parking requirement for any automotive repair component of an automotive sales dealership shall be in addition to such parking requirement.

Coin-op laundromat: one space per three washing machines installed, with one additional space per two drying machines installed.

Bed-and-breakfast: one per guest room, in addition to those required for the residents' use.

Hotel or motel: one per guest room, plus one additional per each of five rooms, plus two additional spaces for staff usage for each of 20 rooms. The parking requirements for any accessory conference, banquet or restaurant facilities shall be considered in addition to such hotel guest room and staff requirements, although the Planning Board may reduce such additional spaces to the extent that an applicant can demonstrate that its conference or banquet facilities will be used solely or primarily by its hotel or motel overnight guests.

Library, museum or art gallery: one space per 300 square feet of floor area.

Day-care center or facility; nursery school: one space per employee at maximum shift capacity, plus one additional space for every four children maximum rated capacity.

Cemetery: 50 spaces minimum; except that such spaces may be parallel with internal drives such that safe through passage is provided.

Golf course: five spaces for each tee.

Recreation facility: one space for every three persons maximum rated capacity at peak usage.

Theater or similar place of public assemblage, except as otherwise specified in this chapter: one space per three seats maximum rated capacity.

Heliport: three spaces, plus one for each private aircraft, plus five additional spaces per scheduled arrival or departure over a peak three-hour period, if applicable.

Funeral home: one space per three seats maximum rated capacity, plus two additional spaces; or on an as-needed basis, determined by the Planning Board under site plan review.

Nursing home: one space per each four beds.

Retail, service or office: for service and retail uses, one standard space per 200 square feet of floor space in customer use; for office uses only, one space per 200 square feet of gross floor space, except that spaces reserved strictly for office use may be reduced to nine feet in width.

Restaurants; also hotel or motel accessory conference center or banquet facilities: one space per every three seats or one per 150 square feet of floor area, whichever yields the greater number of required parking spaces.

Schools: the number of spaces per student, to be determined by the Planning Board under site plan review, plus one additional space per each staff person.

Industrial uses; laboratory or research uses; light or nonnuisance manufacturing: one per employee at maximum shift, plus three additional spaces must be provided, with the reserved potential capacity to provide up to one space per 400 square feet of floor area, if the latter is greater. In addition, sufficient area must be provided for parking all trucks that may be employed on the site at any one period of time.

Wholesale, warehouse or distribution facilities: one per employee at maximum shift, plus three additional spaces, with the reserved potential capacity to provide up to one space per 1,000 square feet of floor area, if the latter is greater. In addition, sufficient area must be provided for parking all trucks that may be employed on the site at any one period of time.

Senior living and care communities and/or affordable senior living and care communities: the number of off-street parking spaces to be provided shall be equal to 90% of the total number of dwelling units.

Unenclosed parking: one truck, boat, camping trailer or recreational vehicle of any length may be parked unenclosed on an occupied lot in any residence district, but not used for any purpose while so parked, provided that such parking does not take place within the required yards of such lot and in no case between the street line and the principal building. Additional such vehicles, up to a total of three of any kind, may be parked unenclosed on an occupied lot in any residence district, but not used for any purpose while so parked, provided that such parking does not take place within the required yards of such lot and in no case between the street line and the principal building, pursuant only to authorization of the Building Inspector. Such authorization shall only be granted upon a demonstration that such vehicles will be screened from view of adjoining properties on all sides in all seasons by means of existing or proposed fencing, vegetative screening or other appropriate means. Said Building Inspector's authorization shall be granted upon condition of said screening being maintained as long as said storage use shall continue.

Enclosed parking. Additional trucks, boats, camping trailers or recreational vehicles up to and exceeding 27 feet in length may be parked within a private garage on an occupied lot in any residence district.

Temporary trailer permit. Where a building permit has been issued for the construction or alteration of a building, the Building Inspector may issue a temporary permit for the use of one trailer adjunct to that construction for a period not to exceed six months. Said temporary permit may be extended for one additional period of six months if the Building Inspector finds that construction has been diligently pursued and that justifiable circumstances require such extension. Said trailer may be occupied during the term of the temporary permit and shall be situated upon the lot for which said building permit has been issued. Prior to the issuance of such a temporary permit by the Building Inspector, the location of said trailer on the lot shall be subject to the approval of the Building Inspector. Said Building Inspector may attach to his approval whatever conditions deemed necessary to carry out the intent of this chapter.

Laboratories and research facilities:

Retail sales and service establishments:

Manufacturing, wholesale, storage uses:

Other uses not specifically listed: to be determined by the Planning Board based on a reasonable calculation of its respective needs.

Size. The size, location, access and maneuvering space required for loading berths shall be determined by the Planning Board upon site plan review.

On lots divided by district boundaries. Loading berths accessory to a use on any lot divided by a zoning district boundary shall only be permitted on that portion of the lot that lies within a district in which that use is permitted.

The keeping of not more than two nontransient boarders or roomers.

The storage of trucks, boats, camper trailers and recreational vehicles, pursuant to the requirements of § 150-22.

Private garages for use of the premises, with a four-car capacity size limit for detached garages.

A private swimming pool for use of the premises.

The keeping of domestic animals, as defined by this chapter, as described below:

Structures such as noncommercial greenhouses, tool sheds, tennis courts, recreational structures and similar structures.

Bed-and-breakfasts, subject to restrictions established elsewhere in this chapter.

Use of a portion of a single-family dwelling for home occupations, as defined in this chapter, subject to site plan approval.

Garage sales, with a limit of not more than three consecutive days per each individual garage sale event and not more than four garage sale events per year.

Direction. The finished side of all fences, with the exception of livestock fences, shall face out towards abutting properties.

Location. Fences shall be set back a minimum of one foot from the property line, except that any fence higher than four feet shall be set back a minimum of three feet from a property line and except that in no case shall any fence be placed closer to a public road right-of-way than the outermost edge of such right-of-way in cases where a property line extends into a public road right-of-way.

Sight distance. No fence shall be placed so as to create a sight distance restriction to traffic visibility on a public or private road.

Height. Fences shall be no higher than eight feet in residential zones. In commercial zones, any applicable height limitations on fences shall be determined by the Planning Board during site plan review, unless such limitations are otherwise specified elsewhere in this chapter.

Construction. Fences shall be constructed of customary and typical materials for such construction, such as wooden or metal posts and wires or boards.

Each unit of farm labor housing must comply with the minimum bulk and area requirements as set forth within the table of use and bulk regulations set forth at the end of this chapter applicable to the zoning district wherein the property is located.

The farm labor housing shall be required to meet the minimum standards for domestic well water, in terms of both quantity and quality, as well as meet the minimum required standards for sewage disposal in accordance with the requirements of the Orange County Health Department.

Each and every housing unit shall be in compliance with the applicable provisions of the New York State Uniform Fire Prevention and Building Code as well as other applicable laws, ordinances and regulations which apply to either building construction and/or the operation and maintenance of farm labor/migrant housing.

The farm labor housing shall be removed by the property owner when the agricultural operations have ceased for a period of two years or more. Removal of the farm labor housing unit, or units, shall require a permit from the Town Building Inspector.

The farm labor housing unit may not be occupied for any non-farm- or non-agricultural-related purpose.

The property owner shall specifically acknowledge, in writing, the requirements of this section of the Code prior to the issuance of a building permit for each unit of farm labor housing. This written acknowledgement shall be in the form of a restrictive covenant prepared in form satisfactory to both the Town Attorney and the Office of Counsel for the New York State Department of Agriculture and Markets.

Nothing herein shall be construed as prohibiting or preventing a property owner from using said housing unit or units for any other use permitted by the Code, subject to compliance with any and all requirements applicable to said permitted use.

Building permit required. The property owner shall make application to the Building Inspector for construction of the farm labor housing in compliance with §150-29 of the Town Code.

Election signs. All signs advertising a candidate for public office or any other public ballot initiative are exempt from these regulations.

Temporary on-premises signs. Any property owner is permitted to erect a single, temporary, nonilluminated sign on said property advertising the sale or lease of merchandise or a special event. Such sign shall be removed within three days after the sale, lease or event.

"For sale" and "for rent" signs. No more than two nonilluminated signs advertising the sale or rental of a property may be erected and maintained on said property by the owner or broker or any person with legal interest in the sale or rental of such property. Up to two additional, nonilluminated signs may be erected or maintained if said property abuts more than one public right-of-way.

Location, street address and public safety signs. Any property owner is permitted to erect one nonilluminated sign identifying the property name or residents of the property and the official street address. Other signs offering information necessary for public safety, including by example customary posted or no-trespass signs, private drive, parking, or exit/entrance signs, along with other signs required pursuant to any governmental function, law or regulation are also exempt.

Other. When not associated with a commercial activity, all historical or memorial markers as well as flags, insignia or emblems of any government or religious organization and any religious holiday decorations are also exempt from these regulations.

All signs shall conform with the following dimensions:

Construction and maintenance. Any sign must be constructed of durable materials, maintained in good condition and not allowed to become dilapidated.

Obstruction of public right-of-way. Signs attached to a structure shall not project more than three feet from the structure. No sign shall extend over a public right-of-way or public sidewalk, and no sign shall obstruct views from any public right-of-way to any other public right-of-way.

Illumination. Signs shall be indirectly illuminated only.

Signs larger in area than those listed elsewhere in this chapter may be permitted pursuant to special authorization and site plan approval by the Planning Board. In order to grant such authorization, the Planning Board must find that such signs would not constitute a nuisance or hazard, would be aesthetically consistent with existing and potential future uses of surrounding properties and would be compliant with any other requirements of this chapter.

Wall-mounted signs shall not be higher than the height of a building, excluding pitched roofs, dormers, chimneys and other such structural elements.

No freestanding sign shall stand higher than 12 feet at its highest point. Any decorative pediment or any other structural portion of the sign shall be included as part of such sign in its measurements.