Italy Town City Zoning Code
ARTICLE XIII
Design Standards
§ 350-83 Purpose.
The purpose of this article is to provide specific standards to be applied to buildings or facilities, structures, commercial or industrial site design and other types of land uses in the Town of Italy in order to promote the orderly physical development of the community, ensure the health and safety of the public, conserve the natural and cultural resources and the rural character of the community and to minimize negative environmental impacts of such development including impact on views.
§ 350-84 Standards for adult entertainment businesses.
A.
Legislative findings; purpose and intent.
(1)
The Town of Italy finds that adult entertainment business may have an adverse effect on the health, safety, morals and general welfare of the community where they exist. It is the purpose of these provisions to regulate adult entertainment businesses which are sexually oriented in order to promote the health, safety, morals and general welfare of the citizens of the Town of Italy and to establish reasonable and uniform regulations to prevent the concentration of such sexually oriented business in the Town.
(2)
The provisions of this section have neither the purpose or the intent of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials or presentations. Similarly, it is not the intent or purpose of this section to restrict or deny access by adults to sexually oriented materials or presentations protected by the First Amendment or the Constitution of the State of New York, or to deny access to distributors or exhibitors of sexually oriented materials or presentations to their intended market. It is also not, however, the purpose or intent of this section to condone or legitimize the distribution of illegal materials.[1]
[1]
Editor's Note: Original § 13.2B, Rezoning required, which immediately followed this subsection, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B.
Criteria for an adult use.
(1)
An adult use shall not be operated within 2,000 feet of a dwelling; a church or place of worship; a nursery, elementary, secondary or vocational school; a hospital, nursing or convalescent home; a library or museum; a cemetery, the boundary of a residential district; or public park, playground, recreation area or business selling alcoholic beverages.
(2)
An adult use shall not be operated within 2,000 feet of another adult use or on the same lot or parcel of land as another adult use. For the purpose of this section, the distance between any two adult uses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior walls of the structure in which each use is located.
(3)
An adult use shall not be operated in the same building or structure or portion thereof containing another adult use.
(4)
All adult uses shall be conducted in an enclosed building. Regardless of locations or distance, adult uses shall be arranged and conducted so that no visual observation can be made from the exterior of an enclosed building containing an adult use therein of any specified anatomic area or of any specified sexual activity by virtue of any display in or on the building which depicts, exhibits or shows said area or activity. This prohibition shall apply to any display, decoration, sign or window or other opening or any other means or method of visual portrayal of information or advertisement.
(5)
Any building or facility in which an adult use business is conducted shall be allowed not more than two signs, not to exceed 20 square feet each, to identify the business. These signs shall be limited to words; any sort of graphic, illustration, image, or picture is prohibited.
(6)
Maximum floor area of the building shall be 4,000 square feet.
(7)
Any other requirements that the Planning Board/Zoning Board of Appeals may deem necessary or appropriate for the protection of the public welfare.
(8)
Minimum area of district: 100 acres.
(9)
All adult use buildings and storage facilities shall be set back a minimum of 700 feet from any/all lot lines.
§ 350-85 Gas drilling operations standards.
A.
Gas drilling operations shall meet all development and performance standards of this chapter and all applicable local, state, and federal regulations.
B.
The applicant for a special use permit to engage in gas drilling operations shall provide to the Planning Board/Zoning Board of Appeals a full set of all documentation and plans required for such uses to meet the permit requirements of the New York State Department of Environmental Conservation.
C.
No gas drilling operations shall take place within 200 feet of any public road or highway right-of-way or other property boundary.
D.
No gas drilling activities, building or facility, structures, parking areas, equipment or production storage areas shall be located within 100 feet horizontal distance from the center line of any watercourse carrying water six months or more throughout the year, or any wetland as defined by state or federal law.
E.
No accessory buildings or structures, or equipment maintenance, parking or storage areas shall be closer than 100 feet from any public road or highway right-of-way, or other property boundary.
F.
Truck access to any drilling site shall be arranged as to minimize danger to traffic and nuisance to surrounding properties. At a minimum, there shall be 500 feet of sight distance at the entrance to the facility from each direction.
G.
Access roads into and out of the drilling site shall meet the Town of Italy specifications for road base.
H.
All ingress and egress points into the drilling site shall be secured from unauthorized access or trespass.
I.
All lands which have been excavated must be rehabilitated in accordance with reclamation plans which shall be approved by the Planning Board/Zoning Board of Appeals as part of its granting of a special use permit.
§ 350-86 Roadside stands.
No roadside stand shall be placed in a manner that limits the sight distance available to the motoring public or in any other way obstructs their vision while driving and provide adequate pull-off space.
§ 350-87 Self-service storage facility.
A.
In addition to all other requirements of the district in which it is situated, all self-service storage facilities shall:
(1)
Be designed to meet normal front and rear setbacks required for the district in which they are located, ensure a minimum of 20 feet distance between all structures on the site and between any structure and any perimeter fence;
(2)
Be well maintained and kept free of litter and abandoned or discarded property and vehicles;
B.
All security fences shall be maintained in good condition. No concertina, razor, barbwire or other such deterrents to unauthorized entry to the site shall be installed on any fences.
§ 350-88 Sawmills.
A.
No sawing of logs shall take place on Sundays except between the hours of 7:00 a.m. and 7:00 p.m.
B.
Any chemical for the preservative treatment of lumber shall be stored, used and disposed of in accordance with applicable federal, state and local regulation so that there shall be no discharge of hazardous chemicals to the environment and no broadcast of offensive odors.
§ 350-89 Kennels.
Commercial kennels may be allowed as a special use in the Agricultural-Residential District, provided that:
A.
Shelters/kennels for animals within shall not be closer than 1,000 feet from any lot line. No shelters or enclosed fenced areas shall be permitted in the front yard. All shelters shall meet the minimum standards published by the New York State Department of Agriculture and Markets, Division of Animal Industry, including but not limited to:
(1)
A source of potable water for dogs shall be available within the shelter at all times.
(2)
Adequate, readily accessible areas shall be available for the neat and orderly storage of all equipment, cleaning supplies and bulk items. A separate, vermin-proof storage area shall be maintained for food, with shelves, pallets or other provisions for keeping stored food off the ground and securely covered bins or containers constructed of galvanized steel or heavy plastic for the storage of all open bags of food. If perishable items are to be stored, adequate refrigeration shall be available.
(3)
An adequate and reliable source of electricity shall be available. Only covered, exterior-type waterproof outlets shall be installed and shall be positioned high enough above the floor to prevent contact with water. No exposed wiring shall be permitted within the housing areas.
(4)
Design of the indoor facility shall include provisions for adequate heating, ventilation and temperature control and shall provide for both natural and artificial lighting.
(5)
Sufficient space shall be provided so as to allow each dog to turn about freely, and to easily stand, sit and lie in a comfortable, natural position. The minimum square footage for each dog shall be determined from "Table 1, Suggested Minimal Space Requirements" as published by the New York State Department of Agriculture and Markets, Division of Animal Industry.
(6)
The materials and type of construction of shelters shall facilitate effective sanitary maintenance of the facility and shall be durable, waterproof, seamless and resistant to the effects of cleaning agents, solvents, scrubbing and impact.
(7)
A gate at the end of each run shall be provided to allow access for cleaning and maintenance.
(8)
All fences shall be chain link, at least five feet in height and shall include provisions to prevent digging, climbing, vaulting or other means of escape.
(9)
All outdoor enclosures shall provide access to shade and shelter.
(10)
Exterior pens shall be a minimum of four feet wide and eight feet long to allow adequate room for movement and exercise. Wider, longer runs shall be provided whenever possible.
B.
Sanitation shall conform to the following minimum standards:
(1)
A daily schedule of sanitary and pest control maintenance shall be followed for all housing areas.
(2)
A wastewater treatment system consisting of a septic tank, distribution box and leach field is required.
(3)
All animals shall be removed from the area prior to cleaning to protect against contact with chemicals or cleaning agents.
(4)
All solid wastes shall be collected and disposed of in a sanitary manner.
(5)
Collected wastes shall be stored in an area away from all housing and other storage areas in vermin-proof containers.
(6)
There shall be no incineration of refuse on the premises.
C.
Regular veterinary care shall be required, and a record of such care shall be maintained and available for inspection.
D.
The premises shall be subject to inspection by the Code Enforcement Officer or other authority having jurisdiction, and issuance of any special use permit shall be deemed to convey implied consent for such inspections.
E.
All applications for this special use are subject to site plan review and approval by the Planning Board/Zoning Board of Appeals.
F.
The Planning Board/Zoning Board of Appeals may require conformance with such other provisions of the Dog Shelter Guidelines published by the New York State Department of Agriculture, Division of Animal Industry, as it may deem appropriate.
G.
Animals shall be sheltered when dark between sunset and sunrise.
§ 350-90 Extractive industry standards.
A.
Extractive operations not governed by New York State Department of Environmental Conservation (NYSDEC) regulations shall meet all development and performance standards of this chapter and all applicable local, state and federal regulations.
[Amended 2-12-2019 by L.L. No. 1-2019]
B.
Existing operations extracting fewer than 1,000 tons or 750 cubic yards of material in any twelve-month period are exempt from the provisions hereof.
[Amended 2-12-2019 by L.L. No. 1-2019]
C.
The application for special use permit shall provide the widths, bearing capacity and types of road surface of all Town of Italy roads proposed to be used by truck traffic to or from the site and the nearest county or state highway; and the weight of the vehicles using the facility. An analysis by the applicant shall indicate any improvements to Town and county roads necessary to accommodate the weight of vehicles using the facility. All improvements or alterations shall be paid by the applicant.
D.
Zoning district setback requirements notwithstanding, any excavation or quarry wall, and any equipment used for rock, gravel, soil or mineral crushing or other processing, shall be located a minimum of 250 feet from any property boundary line or public road or highway right-of-way.
E.
Except for ingress and egress roadways, no roadways within the site shall be closer than 200 feet from a property line.
F.
No accessory buildings or structures or equipment maintenance, parking or storage areas shall be closer than 100 feet from any public road or highway right-of-way or other property boundary.
G.
A vegetated earthen or rock berm with a crest of at least eight feet above any adjacent public road or highway, and with a side slope not exceeding a rise of one foot for each 2.5 feet of horizontal distance, shall be constructed and maintained prior to commencement of production or product sale activities.
H.
No mining activities, building or facility, structures, parking areas, equipment or production storage areas shall be located within 100 feet horizontal distance form the center line of any watercourse carrying water six months or more throughout the year or any wetland as defined by state or federal law.
I.
A visual screen comprised of conifer trees at least 40 feet in width shall be planted along any site boundary line that abuts one or more residential lots. All conifer trees shall be at least eight feet in height at time of planting and be spaced so as to form an opaque vegetative screen at least eight feet high within five years of planting.
J.
Truck access to any excavation shall be so arranged as to minimize danger to traffic and nuisance to surrounding properties. At a minimum, there shall be 500 feet of sight distance at the entrance to the facility.
K.
Access roads into and out of the site shall meet the Town of Italy specifications for road base.
L.
All ingress and egress points into the site shall be secured from unauthorized access or trespass.