Kirkland City Zoning Code

The regulations of this chapter shall be qualified or supplemented, as the case may be, by the following supplementary provisions.

Any lot with an area or width less than that required in the district in which said lot is located may be used for any purpose permitted in the district, provided that all other regulations prescribed for the district shall be complied with, and further provided that said lot was held under separate ownership at the time of the adoption of this chapter and the owner thereof owned no adjoining land that could be combined with said lot to meet the dimension requirements. In the event of a preexisting substandard lot as described above where compliance with the yard and coverage requirements of the district would result in a residential structure of less than the area required in § 118-20, or in width less than 24 feet, the Zoning Board of Appeals shall determine and fix yard and coverage requirements for said lot to permit its reasonable utilization for a permitted use.

The minimum yards and open spaces, including lot area per dwelling unit, required by this chapter shall not be encroached upon or considered as yard or open space requirements for any other building, nor shall any lot be reduced below the district requirements of this chapter without the approval of the Planning Board pursuant to Article X, Waivers, §§ 103-37 and 103-38 of Chapter 103, Subdivision of Land, of the Code of the Town of Kirkland.

On a comer lot in any district in which a front yard is required, a yard shall be provided on each street equal in depth to the required front yard on such streets. One rear yard shall be provided on each comer lot, and the owner shall designate the rear yard on his application for a building permit.

On corner lots, except in districts where no front yard is required, no fence, wall, hedge or other structure or planting more than three feet in height, other than Town street or highway signs, shall be erected, placed or maintained so as to obstruct visibility of vehicular traffic within the triangular area formed by the intersecting street right-of-way lines and a straight line joining said street lines at points 20 feet distant from the point of intersection, measured along said street lines.

In residence districts where the average front yard for buildings existing immediately adjacent to a lot on either side and within 100 feet exceeds the minimum specified, a front yard shall be provided on the lot equal to this greater average depth, but need not exceed 50 feet. Where such average front yard is less than the minimum specified, the building may be built to this lesser depth, but shall not be less than 10 feet from the street line. An adjacent vacant lot shall be considered as having the minimum front yard as required in the district for the purpose of computing such average front yard.

A. Where two districts abut on the same street between two intersecting streets, there shall be provided for buildings hereafter constructed or structurally altered within a distance of 50 feet from the district boundary line in the less restricted district a front yard equal in depth to 112 the required depth for the front yard in the more restricted district, but in no event less than the minimum required yard in the less restricted district.

B. Where the side or rear yard of a lot abuts a side or rear yard of a lot in a more restricted district, there shall be provided along such abutting line or lines a side or rear yard equal in depth to that required in the more restricted district.

A. The space in any required yard shall be open and unobstructed, except the ordinary projections of window sills, belt courses, cornices, caves and other architectural features; provided, however, that such features shall not project marc than two feet into any required yard.

B. A paved terrace shall not be considered as part of a building in the determination of yard sizes or lot coverage, provided that such terrace is unroofed and without walls, parapets or other form of enclosure exceeding six feet in height.

C. In determining the percentage of building coverage or the size of yards for the purpose of this chapter, enclosed porches, or porches open at the side but roofed, shall be considered a part of the building.

D. An open fire escape may extend into any required yard not more than six feet, provided that such fire escape shall not be closer than four feet at any point to any lot line.

E. Unenclosed entrance steps or stairways providing access to the first story of a building may extend into any required yard a distance not to exceed six feet.

The yard requirements of this chapter shall not prohibit any necessary retaining wall or any fence or wall, provided that, in any residence district, no fence or wall shall exceed six feet in height in any front or side yard, and provided further that such fence or wall shall be no closer to any front line than its height. Further, any such wall or fence shall be constructed in a manner that the finished side faces out to the adjoining property and/or road.

Two single-family houses on anyone lot shall be permitted if each house conforms to the lot area and yard requirements specified in the district and has required street access and frontage.

No travel trailer, boat or boat trailer or recreational vehicle shall be parked or stored in any residential district, except in the side or rear yard. No travel trailer, boat or boat trailer or recreational vehicle shall be used for any residential, commercial or industrial purpose on the premises for a period exceeding two weeks annually. No travel trailer, boat or boat trailer or recreational vehicle shall be located within 10 feet of any property line. For any single property, no more than one type of each unit shall be placed on such property at any given time.

A. Before any private swimming pool is moved, placed, erected, assembled or excavated upon a lot or created by damming a stream, a building permit shall be required. All swimming pool enclosures shall comply with Part 744 of the New York Codes, Rules and Regulations. All public swimming pools shall conform to Part 6 of the New York Codes, Rules and Regulations, Swimming Pools and Bathing Beaches. 13

B. Additions and alterations. A building permit shall be required for any enlargement of an existing pool, for a dressing shelter, a pump house, a filter house, an enclosure for the pool or any other structure erected in conjunction with the swimming pool. Such structures shall conform to all provisions of the New York State Building Construction Code and the Municipal Code and all other rules and regulations of the Town and shall not unduly interfere with the use or enjoyment of the adjacent property.

C. Application. Each application for a building permit to erect, construct, darn a stream or excavate a swimming pool or to enlarge an existing pool or to build an ancillary structure must be accompanied by a building permit fee and by plans in sufficient detail to show the following. These plans, along with structural calculations and details, must be prepared and signed by either the owner of the property or a licensed professional engineer or a registered architect or a recognized pool contractor, who is an accredited member of the National Swimming Pool Institute.

(1) A plot plan of the property on which the swimming pool is to be constructed or placed, showing the location of the swimming pool in reference to the side lines, rear lines, grades, basement and other structures on the property and existing electrical service lines and electrical lines.

(2) The pool dimensions and depths.

(3) The location and dimensions of the fence and any structures or appurtenances built or that are to be built in conjunction with the swimming pool.

(4) The estimated cost of the proposed swimming pool.

(5) The location and type of waste disposal and drainage system for the property.

(6) The location and source of the water supply.

(7) The location, size and description of all proposed electrical connections, lighting (both above and below the ground) and any pool-heating device.

D. Location. The location of a permanent or temporary swimming pool shall conform to all provisions of this chapter except yard requirements but, in any case, must:

(1) Not be placed in the front yard.

(2) Be at least 15 feet from any side yard line and rear yard line.

(3) Be at least 20 feet from any active well, septic tank, leach bed, etc., unless conditions warrant a lessening or increasing of this distance.

(4) Not endanger the health and/or safety of its user and not unduly interfere with the use and enjoyment of the adjacent property.

A. The height limitations of this chapter shall not apply to features such as belfries, church spires, cupolas, silos, penthouses and domes, which are not used for human occupancy; nor to chimneys, ventilators, skylights, water tanks and necessary mechanical appurtenances usually carried above the roof level; nor to flagpoles, monuments, transmission towers and cables and radio or television antennas or towers. Also, the height limitations of this chapter shall not apply to structures and accessories, such as barns, solar energy systems, dish-type or tower-type receiving antennas and wind energy conversion systems which meet the requirements of §§ 118-22, 118-48 and 118-50 of this chapter. Such features, structures and accessories, however, shall be erected only to such height as is necessary to accomplish the purpose for which they are intended. No sign, display or advertising device of any kind whatsoever shall be inscribed upon or attached to any chimney, tower, tank or other structure which extends above the roof limitations.

B. On through lots 120 feet or less in depth, the height of a building may be measured from the grade of either street. On through lots more than 120 feet deep, the height regulations and basis of height measurement for the street permitting the greater height shall apply to a depth of not more than 120 feet from that street.

Except when incidental to the construction of a building on the same lot, the excavation and sale of sand, gravel, topsoil, clay or other natural mineral deposit or the quarrying of any kind of rock formation is subject to the approval of the Zoning Board of Appeals. Before issuing a permit for such use, the Zoning Board of Appeals shall find that such excavation or quarrying will not endanger the stability of adjacent land nor constitute a detriment to public welfare, convenience or safety by reason of excessive dust, noise, traffic congestion or other condition. The Zoning Board of Appeals may specify any reasonable requirements to safeguard the public health, safety and welfare in granting such permit, and the final slope of material in any excavation or pit shall not exceed the normal limiting angle or repose of such material, and both the base and top of such slope shall not be nearer than 50 feet to any street line or property line. The Zoning Board of Appeals shall, on its own initiative or upon the petition of any resident within 500 feet from the commercial excavation in question, after a public hearing, have the power and authority to revoke a permit previously granted if its continued use shall be found to endanger the stability of adjacent land or constitute a detriment to public welfare, convenience or safety. Compliance with Environmental Conservation Law, Part 420, State Mined Land Reclamation, may also be required.

A. Off-street parking space shall be required for all uses hereafter established. Minimum parking requirements for the following uses are hereby established:

Use

Off-Street Parking Use Requirements

Dwellings

2 * spaces for each unit

Rooming house, tourist home, motel, hotel or bed-and breakfast

1 space for each guest room, plus 1 additional space

Permitted home occupation

2 spaces for each dwelling unit, plus 1 additional space for each 400 square feet devoted to such home occupation

Financial, business, professional, eleemosynary or governmental office

1 space for each 200 square feet of gross floor area

Funeral home

10 spaces for each parlor, plus parking for all employees and resident personnel

Church or synagogue

1 space for each 5 seating spaces in the main auditorium

School: Elementary

2 spaces for each classroom

High school

5 spaces for each classroom

Fraternity and dormitory

1 space for each 200 square feet of floor area

Theater, amusement facility and other places of assembly

1 space for each 5 seats or 1 space for every 100 square feet of floor space

Hospital or nursing home

1 space for each 2 beds

Medical offices or clinics

5 spaces for each doctor

Retail store or store groups

1 space for each 100 square feet gross floor area

Clubs and restaurants, eating and drinking establishments

1 space for each 100 square feet of floor area

Wholesale, storage, freight terminal or utility use

1 space for every motor vehicle used directly in the business, plus additional parking as required by the reviewing board

Industrial or manufacturing

1 space for each employee on the maximum working shift, plus 5 for visitors

* NOTE: These requirements may be reduced for dwelling units with less than 1,000 square feet of floor space, senior citizen housing, mixed use development or other appropriate circumstances if the reviewing board determines that such reductions are warranted.

B. For uses not specified above, the reviewing board (Planning Board or Zoning Board of Appeals) shall establish parking requirements in specific cases not inconsistent with those specified above.

C. Such required parking spaces for permitted uses in residence districts shall be located on the same lot or tract as the principal use. Parking spaces required for other uses may be located within 400 feet of the principal use to which they are accessory, but not in a residence district.

A. In any district, in connection with every building, or part thereof, hereafter erected and having a gross floor area of 6,000 square feet or more, which is to be occupied by manufacturing, storage, warehouse, goods display, retail store, wholesale store, market, hotel, hospital, mortuary, laundry, dry cleaning or other uses similarly requiring the receipt or distribution by vehicles or material or merchandise, there shall be provided and maintained, on the same lot with such building, at least one off-street loading space, plus one such additional loading space for each 20,000 square feet or major fraction thereof of gross floor area so used in excess of 20,000 square feet.

B. Each off-street or unloading berth shall be subject to the following minimum requirements:

(1) Each berth shall not be less than 10 feet in width, 25 feet in length and 14 feet in height when covered.

(2) No berth shall be located any closer than 15 feet to any road right-of-way or property line. No such berth shall be located closer than 100 feet to any lot in any residence district unless wholly within a completely enclosed building or unless screened from such lot in a residence district by a wall or a uniformly painted solid fence not less than six feet in height.

Every parcel of land hereafter used as a public or private parking area or loading area, including a commercial parking lot, shall be developed and maintained in accordance with the following requirements:

A. Screening and landscaping. Off-street parking areas, inclusive of commercial garages, automobile body shops and used car lots, for more than five vehicles and off-street loading areas shall be effectively screened on each side which adjoins or faces premises situated in any residence district, or institutional premises, by a fence or a hedge. Such fence or hedge shall not be less than four feet or more than six feet in height and shall be maintained in good condition without any advertising thereon. Any space between such fence or hedge and the side lot line adjoining the premises, or the front lot line facing the premises, in any residence district shall be landscaped with grass, hardy shrubs or evergreen ground cover and maintained in good condition.

B. Minimum distances and setbacks. No off-street parking area for more than five vehicles or off-street loading area shall be closer than 10 feet to any dwelling, school, hospital or other institution for human care located on an adjoining lot. If not in a residence district but adjoining such district, the parking area shall be located 10 feet or more [rum the established street right-of-way line within 50 feet of any residence district.

C. Surfacing. Any commercial or industrial off-street parking or loading area shall have a durable surface so graded and drained as to dispose of all surface water accumulated within the area and shall be so arranged and marked as to provide for the orderly and safe loading, parking and storage of vehicles.

D. Lighting. Any lighting used to illuminate any off-street parking or loading areas shall be so arranged as to reflect the light away from the premises in any residence district.

A. Signs should be designed to be compatible with the surroundings and appropriate to the architectural character of the buildings on which they are placed. Sign panels and graphics should relate with and not cover architectural features and should be in proportion to them.

B. Illumination should be appropriate to the character of the sign and surroundings.

C. Groups of related signs should express uniformity and create a sense of harmonious appearance.

D. No building shall be painted, illuminated or otherwise intended for use as a sign that is not in conformance with the regulations set forth in this chapter.

E. Signs shall be constructed of durable materials and shall be maintained in good condition. Signs which are permitted to deteriorate shall be removed upon direction of the Town Board following notification to the owner. No sign, other than those listed as exempt, shall be erected, constructed or placed on a parcel until application has been made and approval granted pursuant to this section. All signs other than those listed as exempt and temporary shall be reviewed and approved by the Planning Board pursuant to this section and § 118-18. The following standards and conditions apply to particular zoning districts:

(1) R-TC, R-R and R-M Zoning Districts. Signs herein permitted shall not be located in or project into the public way or be located above the first story, be more than five feet in height nor less than 10 feet from any side property line. Any illumination shall be white nonflashing, and the sources of light shall be shielded from the street and adjacent lots or properties. Permitted signs are as follows:

(a) Nonilluminated real estate development sign. Such sign shall be located on the property approved for development, shall not exceed 40 square feet in area and shall be set back a minimum of 25 feet from the front property line. Said sign shall be removed within two years from the time of erection, unless an application for extension is submitted to and granted by the Planning Board.

(b) Institutional sign of school, college, church, hospital, medical clinic, sanatorium, convalescent or nursing home or home for the aged or other institution of a similar public or semipublic nature located on the premises, provided that the size of any such sign is not in excess of 20 square feet.

(c) A single nonilluminated sign identifying a home occupation or professional office. Such sign shall not exceed two square feet in area and shall be mounted flush on the dwelling, or as approved by the Planning Board.

(2) Sign requirements in the Commercial Zoning District.

(a) A business sign is permitted, which sign pertains only to a permitted use, product or service available on the premises and is either integral with or attached flat against the building or projects not more than four feet beyond the building line but not over any street right-of-way or above the high point of the roof and does not face any adjoining lot in any residence district.

(b) The aggregate area of any signs on any building or premises shall not exceed 1 1/2 square feet in area for each foot of the frontage of the building displaying such sign or 112 square foot for each foot of frontage of the property occupied by such building or devoted to such use, whichever is the greater. In any event, no aggregate sign area shall exceed 90 square feet or five feet in height. If illuminated, the source of light, except for neon signs, shall be concealed from any lot in any residential district.

(c) In case of a principal use involving no building or in case of a building, the front wall of which is located farther from the street than the required depth of front yard, one pole sign shall be permitted on the premises. Such sign shall not exceed 32 square feet in area for each display surface (maximum two sides of 64 square feet total) and, if located within eight feet of the front property line, shall have a minimum clearance above the ground of 10 feet. The overall height of such sign shall not be more than 18 feet.

(d) Gasoline service stations shall additionally be permitted two price, product or promotional signs each, not exceeding 12 square feet or six square feet per side, if located on the pump island, or set not closer than 10 feet from the edge of the pavement (but not within the street right-of-way), not exceeding eight feet above grade nor situated so as to impair visibility for pedestrians or motorists.

(3) Sign requirements for Industrial Zoning Districts.

(a) Business signs. The requirements shall be the same as for the Commercial Zoning District.

(b) Outdoor advertising signs, billboards and structures shall be set back from the established right-of-way line of any street or highway, at least as far as the required front yard depth for a principal building in such district, provided that, for every square foot by which such sign or billboard exceeds 80 square feet, such setback shall be increased by 112 foot but need not exceed 100 feet, except that at the intersection of any major highways, the setback of any outdoor advertising or billboard shall not be less than 100 feet from the established right-of-way of each such highway. The maximum size of any advertising sign or commercial billboard shall be 10 feet in height and 40 feet in length, and the bottom of such sign shall be at least four feet from the ground and no more than six feet above the ground. If illuminated, the source of light, except for neon signs, shall be concealed from any lot which is in a residence district, and flashing or intermittent lighting shall be prohibited.

(c) No billboard, sign or advertising structure shall be permitted which faces the front or side lot line of any lot in any residence district within 100 feet of such lot line or which faces any public parkway, public square or entrance to any public or private school, library, church or similar institution within 300 feet thereof. Applicants seeking approval to erect a sign adjacent to a state primary highway must also contact the regional New York State Department of Transportation.

(4) Sign requirements for shopping plazas. In shopping plazas, each individual store or other enterprise shall be permitted to have one wall sign of the type permitted under Subsection E(2) of this section pertaining to commercial districts. The design and style of such individual signs shall be coordinated so as to create aesthetic uniformity within the plaza. In addition, the shopping plaza may erect a doublesided directory advertising the name of the shopping plaza and stores on the premises. Such sign shall be freestanding and elevated a minimum of nine feet and a maximum of 20 feet in height, so as not to interfere with vehicular traffic, and shall not exceed 40 square feet in area.

(5) Prohibitions. The following signs are prohibited in all zoning districts in the Town:

(a) No off-premises signs shall be allowed other than as permitted under the exempt signs provision of this section.

(b) No sign shall be illuminated by or contain flashing intermittent, rotating or moving lights except to show time and temperature.

(c) No sign shall impair or cause confusion of vehicular or pedestrian traffic, in its design, color or placement. No sign shall impair visibility for the motorist at a street corner or intersection by placement and location within 20 feet of the intersection of the street right-of-way lines.

(d) No portable sign shall be allowed other than as permitted under the exempt signs provision of this section.

(e) No advertising banners, pennants, ribbons, streamers, spinners or similar moving, fluttering or revolving devices shall be allowed.

(f) No advertising message shall be extended over more than one sign placed along the street or highway.

(6) Temporary signs.

(a) All signs of a temporary nature, except as otherwise provided by this section, shall be permitted for a period not exceeding six weeks prior to the activity or event nor exceeding four days after the activity or event. Such signs shall not exceed 16 square feet in business or industrial districts nor eight square feet in residential districts, nor be attached to fences, trees, utility poles, rocks or other parts of a natural landscape, nor be placed in a position that will obstruct or impair traffic or in any manner create a hazard or disturbance to the health, safety and welfare of the general public.

(b) A fee as set by the Town Board shall be paid to the Building Inspector upon application for any temporary sign.

(c) A cash deposit equal to the fee shall be deposited with the Building Inspector to ensure removal of such signs upon expiration of the permit period. The Building Inspector, after seven days’ written notice to the permit holder to remove such signs, and after the failure of the permit holder to do so, shall cause said signs to be removed, and the cash deposit shall be forfeited to help defray the cost of removal. The seven days’ written notice provided herein shall be computed from the date of mailing said notice. Said notice shall be directed to the permit holder at the address provided to the Building Inspector on the permit application.

(7) Exempt signs. The following signs are exempt and may be erected and maintained without permits or fees, provided that such signs comply with the general requirements of this section and other conditions specifically imposed by the regulations:

(a) Historical markers, tablets and statues, memorial signs and plaques; names of buildings and dates of erection when cut into any masonry surface or when constructed of bronze, stainless steel or similar material; and emblems installed by governmental agencies, religious or nonprofit organizations; not exceeding six square feet.

(b) Flags and insignia of any government, except when displayed in connection with commercial promotion.

(c) On-premise directional signs for the convenience of the general public, identifying public parking areas, fire zones, entrances and exits and similar signs, internally illuminated or nonilluminated, not exceeding four square feet per face and six feet in height.

(d) Posted or no trespassing signs, not exceeding two square feet per face.

(e) Number and nameplates, identifying residents, mounted on the house, apartment, mailbox or lamppost not exceeding one square foot in area.

(f) Temporary nonilluminated “for sale,” “for lease” or “for rent” real estate signs concerning the premises upon which the sign is located. In a residential zoning district, one sign not exceeding four square feet per side. In a business or industrial zoning district, one sign not exceeding 40 square feet set back at least 15 feet from all property lines. All such signs shall be removed within three days after the sale, lease or rental of the premises.

(g) One temporary nonilluminated sign for a roadside stand selling agricultural produce grown on the premises in season, provided that such sign shall not exceed 24 square feet and be set back at least 10 feet from the public right-of-way.

(h) Temporary, nonilluminated window signs and posters not exceeding 25% of the window surface.

(i) One sign, not exceeding six square feet in the residential districts nor 16 square feet in the business districts, listing the architect, engineer, contractor and/or owner, on premises where construction, renovation or repair is in progress. All such signs shall be removed within three days after completion of said construction, renovation or repair.

(j) Political campaign posters not exceeding 16 square feet, provided that the total placement time does not exceed 30 days and a period of 11 months shall elapse between the last day of one period of showing and the first day of the next.

F. Nonconforming signs. Nonconforming signs shall be removed. The Building Inspector or Zoning Enforcement Officer shall give written notice to the property owner that his sign is not in conformance with this chapter and must be removed. The property owner may make an appeal to the Zoning Board of Appeals upon receipt of an order from the Building Inspector or Zoning Enforcement Officer. Unless the owner receives a decision from the Zoning Board of Appeals allowing him to retain or modify the sign, the sign shall be removed within 60 days. In the event that the sign is not removed within 60 days, the Building Inspector or Zoning Enforcement Officer shall remove or cause the removal of the sign. A nonconforming sign shall not be altered, enlarged or replaced by another nonconforming sign.

G. Removal of signs.

(1) The Building Inspector or Zoning Enforcement Officer shall be authorized to order the repair or removal of the following signs:

(a) A sign which does not advertise an existing business on the premises.

(b) A sign which obstructs the view of a public highway.

(c) A sign which is abandoned, unsafe or insecure. If the sign is not removed or repaired within 30 days, the Building Inspector or Zoning Enforcement Officer shall revoke the permit issued for such sign and may remove or repair the sign and assess the owner for all costs incurred for such service. The responsibility is the owners.

(2) The Building Inspector or Zoning Enforcement Officer may cause any sign which is a source of danger to persons or property to be removed immediately and without notice.

As defined in § 118-2, a “home occupation” is an occupation or profession carried on wholly within a dwelling unit or an accessory structure (use) by a member of the family residing in the dwelling unit and which is clearly incidental to the use of the dwelling unit for residential purposes. The activity must also conform to the following conditions:

A. Not more than one person outside the family shall be employed in the home occupation.

B. There shall be no exterior display or exterior sign, except as permitted under § 118-41, no exterior storage of materials and no other exterior indication of the home occupation or variation from the residential character of the principal building (use).

C. No offensive smoke, noise, vibration, dust, odors, heat or glare shall be produced.

D. There shall be strict compliance with the off-street parking requirements of § 118-38 of this chapter. If anticipated motor vehicle use cannot be reasonably accommodated by the off-street parking requirements, home occupation status will not be given to any applicant seeking the same. If after a home occupation has been established and actual vehicle parking use is not satisfied by the off-street requirements, then the premises shall no longer be considered to qualify as a home occupation and shall not continue to be used for such purpose.

E. A home occupation includes but is not limited to the following:

(1) Art studio.

(2) Barbershops and beauty parlors with a dwelling occupied by the same.

(3) Professional office of a physician, dentist, lawyer, engineer, architect or accountant, with the dwelling occupied by the same.

(4) Tutoring and/or teaching with musical instruction limited to a single pupil at a time.

(5) Bed-and-breakfast.

F. A home occupation shall not be interpreted to include the following:

(1) Commercial stables and kennels.

(2) Restaurants.

(3) Funeral homes and mortuaries.

Any proposal for a mobile home park shall be required to comply with § 118-18 of this chapter. In addition, any proposal for a mobile home park shall be required to comply with Part 7 of the New York State Sanitary Code, together with any revisions thereof.

Final exterior construction shall be completed within 24 months of the date of the issuance of the building permit.

All facilities and services shall be in a completely enclosed air-conditioned and soundproof . building. In addition, any proposal for an animal hospital shall be required to comply with § 118-18.

Any automobile body shop, as defined in § 118-2, shall not be permitted to have more than three unregistered motor vehicles on the site. Any auto/trailer sales and rental, as defined in § 118-2, shall not be permitted to have more than three uninspected vehicles on site and no more than 100 vehicles total, except by special permit. No more than three uninspected vehicles shall be on the site of a gasoline station or commercial garage, as defined in § 118-2.

In any case, all automotive sales and service uses shall be aesthetically maintained (e.g., no outside storage of parts/materials, an orderly parking arrangement, etc.).

A. The location of any mobile home in an agricultural district, formed pursuant to Article 25-AA of the New York State Agriculture and Markets Law, shall be in conjunction with an operating farm and for the sole purpose of providing residential quarters for an employee of the farm.

B. Application for the placement of a farm-related mobile home shall be made to the Building Inspector prior to any action by the applicant. The application shall be reviewed by the Zoning Board of Appeals pursuant to this section and § 118-65. The applicant will be required to document that the proposed action will not alter the essential character of the area and, if approved, the application shall be referred to the Planning Board for its review pursuant to § 118-18.

C. There shall be no transfer of land on which to place such mobile home. The ownership of the land on which the mobile home is to be placed shall be maintained by the owner of the farm unit.

D. No mobile home shall be placed on a farm unit unless the occupant of the mobile home is principally employed in the operation of farm.

E. Such permit, if granted, shall be valid for a period of one year, at which time renewal of the permit shall be required. No permanent addition, except an open carport and/or unenclosed porch, shall be permitted for a mobile home in such agricultural district.