Lake George Town City Zoning Code
ARTICLE VII
Additional Standards for Certain Uses
§ 175-45 Applicability.
The following uses, in addition to conforming to all the regulations of this chapter, shall meet the minimum standards set forth in this article.
§ 175-46 Filling stations.
A.
The following minimum distance requirements shall be adhered to:
(1)
There shall be 12 feet from a pump island to any lot line.
(2)
There shall be 20 feet from a building to each side lot line.
(3)
There shall be 1,500 feet between filling stations (this distance shall be measured along or across the street frontage, with distance to be measured from the lot lines).
(4)
There shall be 500 feet in any direction from a place of public assembly (including schools, churches, parks, theaters, etc.).
(5)
There shall be 20 feet from any property corner to an access drive. Access drives are not to be wider than 50 feet.
(6)
There shall be 10 feet from an access drive to any lot line.
(7)
There shall be 300 feet from a residential district where the residential district fronts on the same street as the filling station or faces the filling station, and in any other case, such distance shall be not less than 200 feet from the nearest lot line of the filling station.
(8)
No damaged or dismantled vehicles or vehicular parts shall be stored externally.
B.
A suitable fence or screen planting six feet in height shall be provided where a filling station abuts a residential street.
C.
Driveways and service areas shall be surfaced with a non-dust-producing surface. Lights shall be directed onto the lot of the filling station in such a manner that no direct beams of light or unnecessary glare shines into other property or the highways.
§ 175-47 Multiple-family dwellings.
[Amended 10-19-2020 by L.L. No. 4-2020]
A.
The minimum lot area necessary per each individual dwelling unit shall be the minimum lot area in Schedule II[1] of Article IV hereof for the zoning district in which the multiple-family dwelling is to be located, provided that in the RH Zoning District the minimum lot area shall be 15,000 square feet per unit, and in the RCH-LS Zoning District the minimum lot area shall be 20,000 square feet. Each side yard shall be 30 feet or the height of the building, whichever is greater.
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
B.
Provided that the following standards can be met, the minimum lot area necessary per each individual dwelling unit can be half the minimum lot area in Schedule II of Article IV hereof for the RCH and TC-A Zoning Districts, only if within the APA Hamlet Land Use Classification. In addition, provided that the following standards can be met, in the RCH-LS Zoning District, the minimum lot area per unit can be 15,000 square feet. This subsection shall not apply to the RH, RM-1, RM-2, RCM-1 and RCM-S2 Zoning Districts.
[Amended 3-27-2023 by L.L. No. 1-2023]
(1)
Each side yard shall be 30 feet or the height of the building, whichever is greater.
(2)
Reduction of maximum lot coverage by 15% from the required maximum lot coverage of the underlying zoning district.
(3)
The lot to be developed with multiple-family dwellings must have the required minimum lot size of the underlying zoning district. No substandard lots can utilize this increased density allowance.
(4)
Low-impact development and green infrastructure principles are encouraged for stormwater control systems.
(5)
Enhanced treatment septic systems shall be required for those properties not connected to public sewer.
(6)
The multifamily dwellings cannot be used as short-term residential rentals, as defined by this chapter.
(7)
Some level of public benefit is required from the use of double density provisions. That could include, but not be limited to, workforce housing, elderly housing or assisted living, a 50% unit proportionality of market-rate housing, dedicated public infrastructure extensions or other similar public benefits identified and approved of by the Planning Board.
C.
Approval of water and sewage disposal shall be in accordance with Town of Lake George Code Chapter 115 and/or Chapter 136 and shall be in writing from the Village Water and/or Sewer Department head. Larger community water and sewer systems shall be compliant with New York State regulations for water and sewer for multifamily dwellings, and obtain the applicable permits required by NYS DOH and DEC.
D.
Lots for individually owned townhomes and condominiums. Lots that are created through subdivision of land intended for townhomes and/or condominium use, where each unit and/or building is separately owned, must proceed through the subdivision process and adhere to all provisions identified in Chapter 175, Zoning. Exceptions to this provision are for subdivisions creating lot lines surrounding individually owned townhome/condominium units for sale, in which case the a) yard setback requirements, b) minimum lot size requirements, and c) lot coverage requirements in Schedule II[2] shall not apply to those individual unit lots. Setbacks from the overall common parcel to the building envelopes and overall lot coverage for the development must be adhered to, as well as the zoning district's density requirements as mentioned in Subsection A or B above.
[Amended 3-27-2023 by L.L. No. 1-2023]
[2]
Editor's Note: Said schedule is included as an attachment to this chapter.
§ 175-48 Two-family dwellings.
[Amended 10-19-2020 by L.L. No. 4-2020]
The minimum lot requirement for a single two-family dwelling on one lot shall be the same as that which is required for a single-family dwelling in the RCH, RH and RCH-LS Zoning Districts. The yard requirements shall be in accordance with Schedule II[1] for single-family residences. Approval of sewage disposal shall be in accordance with Town of Lake George Code Chapter 115 and/or Chapter 136 and shall be in writing from the Village Water and/or Sewer Department head. In all other zones, where permitted, two-family dwellings will require twice the lot size of a single-family dwelling in said zoning district.
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
§ 175-49 Industrial standards and fracking.
A.
In addition to any and all other applicable provisions of this chapter, light industrial uses shall:
(1)
Conduct all activities associated with the industry in an enclosed structure.
(2)
Not store materials outside of any structure.
(3)
Not produce, process or alter items in excess of 250 pounds in weight or 40 cubic feet in size.
(4)
Not store or manufacture hazardous materials, as they are defined by the Department of Environmental Conservation.
B.
No manufacturing or light industry facility shall be constructed, nor shall any process be undertaken, where said facility or process will become noxious or offensive by the emission of noise, smoke, dust, odors, gas or light.
C.
No fracking shall be allowed within any zoning districts within the Town of Lake George, in order to protect the health, safety, and welfare of the community water systems, groundwater, soil and natural aquifers and Lake George. For purposes of this chapter, "fracking" shall include gas/oil mining, gas/oil extraction or underground gas/oil storage or injection well fracking wastewater, petroleum exploration, hydraulic fracturing, horizontal or vertical fracturing, high volume fracturing, or any related practices involving gas/oil drilling, which is commonly known as "fracking." Additionally, use of Town roads for any fracking-related purposes or by any trucks transporting water weighing in excess of 5,000 pounds is prohibited.
D.
There shall be no use of injection wells in the Town of Lake George.
§ 175-50 Boardinghouses.
A.
All boardinghouse uses shall be owner-occupied.
B.
No alcoholic beverages may be sold on the premises.
C.
A boardinghouse shall not be permitted on the same lot with any other commercial use, and shall be considered a different use than tourist accommodations due to owner occupancy.
D.
Each boardinghouse shall comply with New York State Property Maintenance Code Section 404.1 pertaining to minimum square footage requirements per person, and shall not exceed occupancy limits enforced by Warren County Building Codes and Fire Prevention.
E.
All Boardinghouse 1s shall be licensed, and all Boardinghouse 2s shall be licensed following site plan review by the Planning Board. Licenses can be applied for at the Planning and Zoning Office, and be filed with the Town Clerk.
F.
Inspections. The Code Enforcement Officer and/or Zoning Officer shall have the right to enter into any approved boardinghouse within the Town of Lake George to validate the information on the license is true and accurate, and shall upon public complaint be entitled to inspect the boardinghouse facility at any time for compliance with this section.
G.
Fees. Each person or persons, partnership, corporation, membership corporation, association or limited-liability company, or any other entity, before operating a boardinghouse of any type, shall pay to the Town Clerk of the Town of Lake George the fee for the required license, said fees being as follows at the time of the enactment of this provision and subject to future adjustment:
(1)
Boardinghouse 1: $50.
(2)
Boardinghouse 2: $100.
§ 175-51 Riding academies, commercial stables, and dude ranches.
A.
The following minimum setback and separation requirements shall be adhered to for riding academies and commercial stables:
(1)
The minimum distance from any street line to any nonresidential building shall be 125 feet. The minimum distance from any side or rear lot to any nonresidential building shall be 100 feet.
(2)
The minimum distance to any dwelling on adjacent properties shall be 200 feet.
(3)
No storage of manure, odor or dust-producing substance or any use producing odor or dust shall be permitted within 200 feet of any property line.
(4)
No commercial stable may be placed closer than 200 feet to the shore of any lake, river or stream.
B.
Adequate off-street parking, as determined by the Planning Board or Schedule III,[1] shall be provided.
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
C.
Exceptions. Private stables, which are accessory to single-family residences and which do not accept payment or compensation in any form for the boarding or keeping of horses belonging to anyone who is not a member of the family, are exempt from the minimum distance requirements of this provision.
D.
Dude ranches, where permitted by this chapter, shall conform to the following requirements:
(1)
The minimum land area shall be 10 acres.
(2)
No stable or corral at a dude ranch shall be placed closer than 200 feet to any property line and shall be at least 200 feet from the shore of any lake, river or stream.
(3)
No building will be located closer than 1,500 feet from the centerline of the main public road serving the dude ranch, except an office building of no more than 1,000 square feet.
(4)
In addition, tourist accommodations associated with dude ranches and camps shall meet the requirements of Article VII, § 175-52, Tourist accommodations.
§ 175-52 Tourist accommodations and residential rentals.
Motels, hotels, tourist time-share projects, housekeeping cottages, and other tourist accommodations shall be subject to the following additional requirements:
A.
Purpose. The purpose of this section is to promote the health, safety and general welfare of the residents of the Town of Lake George, to ensure tourism accommodations are developed and redeveloped in harmony with the surrounding neighborhood and natural environment, and to provide a degree of flexibility to existing tourism accommodations seeking to redevelop their facilities.
B.
Use of residences for short-term rentals. The ability to obtain a short-term residential rental permit is a privilege and not a right. Residential property owners may use their dwellings for short-term rentals (30 days or less) after applying for and obtaining a residential rental permit from the Planning and Zoning Office for a fee identified in the Fee Schedule, Chapter 75. Residential property owners who want to rent their dwellings out for a period longer than one month at a time may do so without a residential rental permit. The residential rental permit must be renewed with the Planning and Zoning Office on an annual basis and is due by June 1 of each calendar year. Late renewals accepted past June 1 will be charged double the cost of the renewal fee identified in Chapter 75. Short-term residential rentals shall be prohibited in the RS-1, RSH, RM-1, RM-2, RH, RR and LC Districts.
[Amended 2-10-2020 by L.L. No. 1-2020; 11-16-2020 by L.L. No. 6-2020; 3-27-2023 by L.L. No. 1-2023]
(1)
The owner of the rental property assumes responsibility for the health, safety, and welfare of the renter(s) by assuring compliance with the appropriate fire prevention and building codes, sanitary codes, and local Town of Lake George Zoning Code.
(2)
The owner of the rental property assumes responsibility for the conduct of the tenants so as to protect the health, safety, and welfare of the surrounding property owners and to protect the property values of the neighborhood.
(3)
The rental premises must have adequate parking, garbage facilities, occupancy, septic capacity, and a local emergency contact, as determined by the provisions in this Code and by determination of the Zoning Officer. If the Zoning Officer determines any of these requirements are not adequately addressed, or that the residential rental is in a location that may pose adverse impacts, site plan review may be required.
(a)
Smoke detectors. Each rental dwelling shall be equipped with a functioning smoke detector and carbon monoxide monitor, in compliance with the New York State Uniform Fire Prevention and Building Code.[1]
[1]
Editor's Note: See Executive Law § 370 et seq.
(b)
Septic systems. All on-site septic systems shall be clearly identified to prevent damage from cars parking or installation of equipment. Additionally, short-term rentals with inadequate septic systems, as determined by the Zoning Officer, will have reduced occupancy limitations set by the Zoning Officer and based on the capacity of the septic system that services the short-term rental, based on bedroom count and two people per bedroom.
[1]
Septic noncompliance sunset clause. Any permits issued to short-term residential rentals prior to the adoption of Local Law 1-2020 with occupancy higher than the identified septic capacity will have occupancy limits recalculated based on § 175-52B(3)(b) within one calendar year of the adoption of this subsection.
(c)
Occupancy limitation. A short-term rental permit requires the completion of a property maintenance inspection by the Warren County Building Codes and Fire Prevention Office. Occupancy limitation is based on the number of bedrooms in the short-term rental and/or the square footage of livable space in the short-term rental and is calculated by Warren County Building Codes and Fire Prevention during their property maintenance inspection, as required by this section and by the short-term rental permit. Additionally, short-term rentals with inadequate septic systems, as determined by the Zoning Officer, will have reduced occupancy limitations set by the Zoning Officer and based on the capacity of the septic system that services the short-term rental, based on bedroom count and a maximum of two persons per bedroom.
(d)
Requirements of owners of rental property. All owners of short-term rental property shall maintain, at the premises to be rented, the signed residential rental permit, which contains information on emergency contact persons, relevant septic system information, trash disposal information, occupancy limitations (including duration limit for short-term rentals and minimum lengths of stay for rentals over 30 days in duration), and any other pertinent information relevant to use or restrictions of the property.
(e)
Parking. All owners of short-term rentals shall require at a minimum two parking spaces for the renters of the property. For every four allowable renters for a short-term rental, there shall be a minimum of one additional parking space (i.e., a rental property with 12 renters allowed must have three spaces). In no case shall the rental property allow for more than 10 cars to be parked at the property.
(4)
Each residential rental shall, at a minimum, comply with New York State Property Maintenance Code Section 404.1 pertaining to minimum square footage requirements per person and shall not exceed occupancy limits enforced by Warren County Building Codes and Fire Prevention.
(5)
Change of use. Residential property owners utilizing their property for short-term residential rentals who have an approved license for such use will be considered similarly to "tourist accommodation" type uses. As such, those property owners with residential rental licenses will be subject to occupancy tax requirements.
(6)
Grandfathering of preexisting, nonconforming short-term residential rentals. Short-term residential rentals located in zoning districts where the use is no longer allowed but that were in existence and known (recorded) to the Planning and Zoning Office on or before the date of the adoption of this section shall be grandfathered and allowed to continue as a short-term residential rental, only if:
(a)
The owner of said residential rental follows the same process for permitting of the short-term residential rental as described in this section.
(b)
Any grandfathered short-term residential rental shall only be allowed to continue under the same property ownership as of the date of this section when the residential rental was grandfathered, or a trust or estate in the name of the original application holder held by direct descendents of the original application holder. Any change of ownership or changes in deeds to reflect new owners shall constitute a cancellation of the grandfathered short-term residential rental status.
(c)
If the property to be grandfathered as a short-term rental is allowed to continue based on the above standards, said rental shall not accumulate more than three legitimate complaints on the property due to said rental, "legitimate" meaning a complaint that garners a violation of the Town Code or a follow-up response (not just a complaint) to the rental property from a police agency. Any grandfathered short-term residential rental that accumulates more than three legitimate complaints on the operation of the short-term residential rental shall have their grandfathered status withdrawn and the short-term residential rental shall cease.
(7)
Violations. If any of the following situations arise at a permitted property for short-term rentals, it will constitute a violation.
(a)
Overcrowding; excess number of people above and beyond what Warren County and/or the Planning and Zoning Office has determined is allowed or excess number of vehicles which was stated and agreed upon on the short-term rental permit. Advertising online for occupancy above and beyond what the approved occupancy limit was established at will also constitute a violation.
(b)
Any septic violations; system failures of any kind.
(c)
Violation of Town of Lake George noise ordinance (Chapter 108).
(d)
Any instances the police authorities are called and show up at the permitted property, i.e., out of control parties, domestic disturbances, fighting, noise, etc.
(e)
Any new fire code violations that arise after a permit is issued.
(f)
Any violations of garbage/littering (Chapter 103) or what was agreed upon in the short-term rental permit.
(g)
Operating (renting, short-term) without a valid/current residential rental permit.
(8)
Notice of violation; revocation of permit. The ability to obtain a short-term residential rental permit is a privilege and not a right. Upon a finding by the Zoning Officer or Code Enforcement Officer (CEO) that an applicant has violated any provisions of this chapter, the Zoning Officer or CEO shall give notice to the applicant to correct said operational violation within 24 hours of receipt of said notice by the applicant. Upon failure to correct said operational violation within 24 hours, or if three violations occur during a two-years period, the Zoning Officer or CEO may revoke the applicant's permit issued pursuant to this chapter. The Zoning Officer or CEO shall, in his/her sole judgment, give a violator reasonable time to repair any structural damage or physical violation of any provision of this chapter.
(9)
Penalties for offenses; effect on eligibility for permit. Any person who violates any of the provisions of this subsection shall, upon conviction thereof, be subject to a fine not exceeding $1,000 and/or revocation of the applicant's permit issued pursuant to this chapter. Each day that such violation continues shall constitute a separate violation.
C.
Development of new tourism accommodations.
(1)
Minimum land area and size.
(a)
The minimum land area necessary per each tourist accommodation unit in the Residential Commercial Medium Density (RCM-1) and Residential Commercial Medium Density (RCM-S2A, RCM-S2A) districts involving less than 500 square feet of floor space shall be 1/10 the minimum lot area in Schedule II of Article IV hereof.[2]
[2]
Editor's Note: Said schedule is included as an attachment to this chapter.
(b)
The minimum land area for each tourist accommodation unit in the Residential Commercial Medium Density (RCM-1) and Residential Commercial Medium Density (RCM-S2A, RCM-S2A) districts having over 500 square feet in size shall be 1/8 the minimum lot area required in the zone in which it is located.
(c)
There shall be no maximum tourist accommodation unit size requirements in the Residential Commercial High-Density (RCH), Residential Commercial High-High Density-Lake Shore (RCH-LS), and Tourism Commercial (TC-A and TC-B) districts. The minimum size requirement for a tourist accommodation unit size in these districts shall be 200 square feet.
(d)
For every lot having one or more tourist accommodation units in the Residential Commercial High-Density (RCH), Residential Commercial High-High Density-Lake Shore (RCH-LS), and Tourism Commercial (TC-A and TC-B) districts, the maximum floor area ratio (FAR) for the entire lot shall be 0.3, if the lot(s) in question is located in the Hamlet on the Adirondack Park Agency's Map.
(2)
On-site sewer disposal or wastewater systems for all tourism accommodation units shall meet the standards for motels as defined by the New York State Design Standards for intermediate sized wastewater treatment systems.
(3)
No portion of a motel, hotel or other tourist accommodation building shall be closer than 75 feet to the shore of any lake or pond, except that if the building setback restriction for the zoning district is greater, such greater setback will be observed.
(4)
Where a motel, hotel or other tourist accommodation has frontage on the shoreline of any lake or pond or river or stream navigable by boat, including canoe, the minimum required shoreline frontage shall be the greatest of the following:
(a)
100 feet.
(b)
The minimum shoreline lot width for the zoning district in which the motel, hotel or other tourist accommodation is proposed to be located.
(c)
The number of accommodation units multiplied by five feet.
(5)
Accessory retail uses. Retail uses shall be permitted as accessory uses to tourist accommodations in the following districts: Residential Commercial Medium-Density, Residential Commercial High-Density, Residential Commercial High-Density — Lakeshore, and Tourist Commercial. Accessory retail uses shall be limited to 10% of the gross floor area of the principal tourist accommodation use and shall be located inside a building or structure and otherwise subject to site plan review.
(6)
Floor space. Floor space for motels, hotels, tourist time-share projects, housekeeping cottages and other tourist accommodations shall be computed in the following manner:
(a)
By using the outside dimensions of the building(s), calculate the area of the first floor of each building on the property containing tourist accommodation units.
(b)
For each such building calculate the area within any walls four feet high or taller on all floors above the first, excluding the area of the opening for any stairway(s) leading to any upper floor.
(c)
Closets and storage areas count as floor space if located in an area within four-foot walls or higher. For each such building make any required deductions to the figures calculated for Subsection C(6)(a) and (b) above for the area of closets and storage areas disqualified for inclusion.
(d)
For basement areas below the first floor, finished basements count as floor space; unfinished basement areas do not. Basement space shall be considered to be finished if it is heated and contains walls and flooring suitable for use as bedroom, living room or playroom area. For each such building, add any such area to the sum of the areas for Subsection C(6)(a) and (b) after making any adjustments required by Subsection C(6)(c).
(e)
Finished attic space shall count as floor space, but unfinished attic space shall not be counted. Attic space shall be considered to be finished if it is accessible by a permanent stairway and includes flooring and walls. For each such building, add the area of any such finished attic space to the total arrived at in Subsection C(6)(d).
(f)
Add the floor area of all unattached or attached garages, porches, decks, etc., associated with each such building to the sum for such building calculated in Subsection C(6)(e). Add the resulting floor areas for all such buildings. The result is the total floor space for the tourist accommodation use on the subject property.
D.
Redevelopment of existing tourist accommodations.
(1)
For all zoning districts, existing tourist accommodation uses may maintain the existing number of tourism accommodation units in existence at the adoption of this subsection only if the property meets the following performance standards:
(a)
Meet or exceed the requirements of Chapter 148, Stormwater Management and Erosion and Sediment Control.
(b)
Meet or exceed the setback requirements in § 175-76, Schedule II: Dimensional Requirements.
(c)
Meet or exceed the parking requirements of § 175-33, Off-street parking requirements.
(d)
Comply with or are less than the applicable lot coverage limits and limits on floor area ratios set forth in this chapter.
(e)
Upgrade of on-site sewer disposal or wastewater systems to meet or exceed the standards for motels as defined by the New York State Design Standards for intermediate sized wastewater treatment systems.
(f)
The inclusion of low-impact design (LID) and/or green infrastructure design practices as identified in the New York State Department of Environmental Conservation Stormwater Design Manual.
(g)
Comply with conditions prescribed by the Planning Board during site plan review that are intended to preserve of the community character of the neighborhood and to protect surrounding natural resources. This may include measures to address potential noise, traffic, and visual impacts to neighbors. It may also include measures to address potential impacts to the natural topography, land cover, and habitat that are unique to the site.
(h)
The Planning Board may partially or wholly waive the above performance standards if it finds by formal resolution that the proposed redevelopment will result in net benefit to the community and the environment. Prior to making such a determination, the applicant shall demonstrate the potential community and environmental benefits from the proposed redevelopment and the Planning Board shall hold a public hearing.
§ 175-53 Mobile home courts, campgrounds and travel trailer parks.
A.
Applicability. The provisions contained herein shall not apply to:
(1)
The business of selling mobile or manufactured homes.
(2)
The storage of travel trailers not being used for living or sleeping purposes within a building or structure or to the storage of one unoccupied such travel trailer on premises occupied as the principal residence by owner; provided, however, that such unoccupied travel trailer shall not be parked between the street line and the front building line of such premises.
(3)
A travel trailer or other mobile home on the site of a construction project, survey project or other similar work project and used as a field office or work- or tool house in connection with such project, provided that such travel trailer or mobile home is removed from the site within 30 days after the completion of the project.
B.
Permit requirements.
(1)
No person shall establish or expand a mobile home court, campground, or travel trailer park without first obtaining a permit from the Planning Board pursuant to Article VI.
(2)
All new and existing mobile home courts, campgrounds, and travel trailer parks shall obtain an annual operating permit. The fee for the annual operating permit shall be as set forth from time to time by resolution of the Town Board. The permit shall become effective on the date of issuance and continue in force through the 31st day of December next succeeding. A permit shall not be transferable or assignable.
(3)
Application for renewal of the annual operating permit shall be filed with the Town Clerk on or before the first day of December. The renewal application shall be in writing on the forms provided by the Zoning Officer and need not be accompanied by a plot plan unless substantial changes have been made. Upon review and approval of the Zoning Officer, a renewal permit shall be issued effective upon the expiration of the prior permit. A renewal may not be denied except in the event that a mobile home court, campground, or travel trailer park is not being operated in accordance with the provisions of this chapter or is not being maintained in a clean and sanitary condition.
(4)
Mobile home courts, campgrounds, and travel trailer parks will no longer be combined. The owner of a mobile home court, campground, or travel trailer park must register with the Town as to what they are, and the owners will be given three years to comply with the existing regulations. Business licenses will not be issued to owners who have not chosen to comply with these regulations.
C.
Standards for mobile home courts.
(1)
All new mobile home courts or expansion of existing courts shall comply with the following standards:
(a)
Each mobile home lot shall be a minimum of 5,000 square feet with a minimum dimension of 50 feet by 100 feet. A lot for a double-wide mobile home shall be a minimum of 10,000 square feet with minimum dimensions of 100 feet by 100 feet. In no event shall the total number of mobile homes within a court exceed the density of lots or dwelling units allowed by the zoning district in which the court is located.
(b)
Durable surfaced driveways to each mobile home lot shall be provided to ensure safe and easy access under normal use and weather conditions.
(c)
A mobile home or travel trailer shall not be located less than 10 feet from any other such unit in a court nor within 50 feet of any public highway or street line nor within 25 feet of any adjacent property line, nor within five feet of any site line.
(d)
An adequate supply of pure water for drinking and domestic purposes shall be provided to all buildings, mobile home lots, and campgrounds used for continuous occupancy.
(e)
Each mobile home lot shall be connected to a public sewer or on-site sewer disposal system which complies with the provisions of the Lake George Onsite Wastewater Treatment System Regulations.[1] Sewer connections on unoccupied lots shall be kept closed or covered.
[1]
Editor's Note: See Ch. 115, On-Site Wastewater Treatment Systems.
(f)
Garbage cans with tight-fitting covers shall be provided by the permittee of the court in quantities adequate to permit the disposal of all garbage and rubbish. Garbage cans shall be located not further than 200 feet from any mobile home lot nor nearer than 15 feet to adjacent property lines. The cans shall be kept in a sanitary condition at all times. Garbage and rubbish shall be collected and disposed of by such permittee as frequently as may be necessary.
(g)
Each permittee shall provide weatherproof electrical service connections and outlets for each lot. All such connections and outlets are to be of a type approved by the New York Board of Fire Underwriters.
(h)
The permittee shall keep a permanent written record of all persons occupying or using the facilities of such court including:
[1]
The names and address of the principal occupant of each mobile home and his/her automobile registration plate number.
[2]
The name and address of the owner of each mobile home.
[3]
Registration plate numbers, if any, and the make and color of each mobile home.
[a]
Any police officer, Zoning Officer, health officer or any authorized representative of the state, county or Town shall have the right, at any reasonable time, to enter any mobile home court and shall have the right to inspect all parts of the court (except the individual mobile homes located therein) and to inspect the records required above.
D.
All new campgrounds and travel trailer parks or expansions of existing campgrounds and travel trailer parks shall comply with the following minimum standards:
(1)
The minimum area of an individual campsite shall be 2,500 square feet.
(2)
Individual campsites, service buildings, recreational facilities or accessory structures shall not be located closer than 50 feet to any property line.
(3)
The toilet and other sanitary facilities for males and females shall be either in separate buildings or shall be separated, if in the same building, by a soundproof wall.
(4)
Toilet facilities for males shall consist of not less than one flush toilet for every 15 travel trailers, one urinal for every 15 travel trailers, one shower (with individual dressing accommodations) for every 10 travel trailers and one lavatory for every 10 travel trailers.
(5)
Toilet facilities for females shall consist of not less than one flush toilet for every 10 travel trailers, one shower with individual dressing accommodations for every 10 travel trailers and one lavatory for every 10 travel trailers.
(6)
An adequate supply of hot and cold running water shall be provided for each shower and lavatory.
(7)
Service buildings housing the toilet and sanitary facilities shall be permanent structures complying with all applicable ordinances and statutes and shall be located not closer than 20 feet to any travel trailer.
(8)
The service buildings shall be well-lighted at all times of the day and night; well-ventilated with screened openings; constructed of such moisture-proof material, including painted woodwork, as shall permit repeated cleaning and washing; and maintained at a temperature of at least 68° F. during the period from October 1 to May 1. The floors shall be a water impervious material.
(9)
All service buildings and the grounds of the court shall be maintained at all times in a clean, sightly condition.
(10)
All applicable provisions of the New York State Sanitary Code and the Lake George Onsite Wastewater Treatment System Regulations, with the stricter of all such provisions to govern.[2]
[2]
Editor's Note: See Ch. 115, On-Site Wastewater Treatment Systems.
(11)
Provide an adequate supply of pure water for drinking and domestic purposes and at least one cold water tap shall be provided for any two adjoining mobile home lots. Compliance with any applicable state requirements is mandatory.
§ 175-54 Marinas.
A.
General prohibitions. No Class A marina shall be operated within the Town of Lake George without first obtaining site plan approval from the Town of Lake George Planning Board and obtaining all necessary permits and approvals from the Lake George Park Commission.
B.
"Class A marina" means any facility located in whole or in part within the Town of Lake George, which provides service or berthing places for vessels by engaging in any of the following:
(1)
The sale of marine products or services, except for such sale as part of a dry land facility which does not quick-launch vessels or regularly service vessels berthed on the waters of Lake George;
(2)
The sale, lease, rental or charter of vessels of any type;
(3)
The operation of a boat launch;
(4)
The offering of rides, instruction or water-based recreation for a fee;
(5)
The operation of a quick-launch facility servicing the waters of Lake George regardless of the location where the vessels are stored; or
(6)
The storage, berthing or mooring of two or more motorized vessels and/or nonmotorized vessels 18 feet in length or more not registered to the owner of the property, regardless of remuneration or profit, except:
(a)
The use of residential or association docks, wharfs or moorings by the owner of the facility, or the owner's family for boats belonging to the owner, or lessee, of the property in question or the owner's gratuitous guest;
(b)
Docks, wharfs and moorings used as an accessory use to a hotel, motel, inn, housekeeping cottage, campground or recreational vehicle park, used exclusively by registered guests;
(c)
Docks, wharfs, and moorings used as an accessory use to a restaurant, used exclusively by patrons while dining at such restaurant; and
(d)
Docks, wharfs and moorings used exclusively by persons engaged in the sale of fishing products or the sale and service of SCUBA products. The exceptions provided herein shall not apply to facilities which are otherwise engaged in any of the services or activities set forth above in Subsection B(1) through (5) of this subsection.
C.
"Class B marina" means any dock, wharf or mooring made available for use by any person as a berthing place for one motorized vessel or one nonmotorized vessel 18 feet in length or more not registered to the owner of the property, regardless of remuneration or profit, except:
(1)
The use of residential or association docks, wharfs or moorings by the owner of the facility and the owner's immediate family for boats belonging to the owner or lessee of the property in question or the owner's gratuitous guest;
(2)
Docks, wharfs, and moorings used as an accessory use to a hotel, motel, inn, housekeeping cottage, campground or recreational vehicle park, used exclusively by registered guests;
(3)
Docks, wharfs, and moorings used as an accessory use to a restaurant, used exclusively by patrons while dining at such restaurant; and
(4)
Docks, wharfs and moorings used exclusively by persons engaged in the sale of fishing products or the sale and service of SCUBA products.
D.
Specific standards. In addition to any and all other applicable provisions of this chapter, all marinas servicing the waters of Lake George shall comply with the following:
(1)
No person shall construct, expand, or operate a Class A marina servicing the waters of Lake George, or alter or expand the number or type of services or recreational activities offered without obtaining site plan approval from the Town of Lake George Planning Board, or if site plan approval has been granted for the subject facility, a modification to the approval for that facility which authorizes the new or expanded services or recreational uses.
(2)
No site plan approval shall be issued for the construction, operation or expansion of a quick-launch facility which was not lawfully in existence and operating prior to the first date of these regulations, or for which no approval was granted prior to the first date of these regulations.
(3)
Site plan approval issued pursuant to Article VII, § 175-54B(1), Marinas, of this chapter are only valid for the property described on the site plan. Site plan approval granted to one facility does not imply approval for other facilities owned by the same owners.
(4)
Site plan approval is required for the construction and/or operation of any new recreational activity. Site plan approval is not transferable to another location and shall not be leased or transferred to another location, facility or operator.
(5)
All provisions for vessel storage, launching, docking and parking for cars and trailers shall be located on the same one lot. If § 175-33C is applicable, parking spaces may be located on other lots through the use of combined parking areas, provided there is a safe passage for users of the Marina from one lot to the other.
(6)
The quick launching of vessels shall be limited to 20% of the maximum number of vessels that could be stored.
E.
In addition to any and all other applicable provisions of this chapter, all Class A marinas shall provide the following:
(1)
Restrooms for the use of its customers or clientele.
(2)
Trash-disposal receptacles sufficient to accommodate all trash generated by the marina's customers or clientele and maintained in a clean and usable condition.
(3)
Adequate parking spaces for customer's vehicles, as determined by the Planning Board. Where the Class A marina offers rides, instruction or water-based recreation for a fee, adequate parking must be provided for customers of the Class A marina.
(4)
A maintenance program sufficient to keep all wharves, adjacent shoreline, water and the lake bottom clean of debris.
(5)
A plan that minimizes the project's visual impact and avoids any navigational hazards.
(6)
A plan designed to avoid damage to the environment due to leakage or spills of fuels, lubricants, waste products or other pollutants.
(7)
Where applicable, proof of compliance with New York State Fire Code standards and DEC bulk storage standards for the storage of gasoline and hazardous materials. If applicable, no permit application shall be complete until proof of compliance is submitted to the Zoning Officer.
(8)
For each Class A marina with a petroleum sales facility, a plan relative to the inspection and maintenance of petroleum storage facilities and all associated equipment, and appropriate measures relative to spill prevention and countermeasures. Such plan shall include:
(a)
The inspection of all plumbing and related pumping equipment, not less than daily, to guard against leakage of petroleum products into the waters of the Park;
(b)
The training of each person pumping motor fuels in procedures to guard against the spillage of such motor fuels into the waters of the park and procedures to respond to a spill; and
(c)
The maintenance, in close proximity to the pumping facilities, of such equipment as is necessary to respond to any spill of petroleum products into the waters of the Park or onto land or structures where it may flow into the waters of the Park.
(9)
Facilities for the disposal of sanitary wastes from vessels with on-board sanitary equipment including:
(a)
On-site pumpout facilities, or proven access to pumpout facilities, for use by vessels which use the services of the Class A marina; and
(b)
Facilities for the disposal of waste from portable marine toilets, or proven access to such facilities, for use by vessels, which use the services of the Class A marina.
(c)
Such facilities as discussed in Subsection E(9)(a) and (b) above shall be designed, installed, operated and maintained to prevent the discharge of contaminants from marine toilets to the waters of the Park or the ground from which they may flow into the waters of the Park. For the purposes of this subsection, vessels using the services of the Class A marina shall include vessels which moor, dock or are quick launched by the marina. Written proof of access to disposal facilities for a period equal to the life of the permit shall be required. Off-site facilities must be located within a reasonable distance from the Class A marina.
(10)
A boat cleaning area that is designed, operated and maintained in such a manner to prevent contamination of the waters of the Park shall be provided, or boat cleaning shall be prohibited.
(11)
All Class A marina owners engaged in the rental of personal watercraft (PWC) shall comply with the following regulations:
(a)
The owner or operator of a PWC shall ensure that prior to operation all users of PWC have read the rules and regulations governing their operation as contained in Subparts 645 and 646 of Title 6 NYCRRC, and Article 73 of the New York State Navigation Law. All users shall sign a form prepared by the owner or operator that indicates the user has read said rules and regulations. The owner or operator shall maintain written records ensuring compliance with these requirements. The records are subject to inspection by the Planning Board, or any duly appointed representative of the Town Board.
(b)
If the PWC is part of a rental fleet or group of PWCs, a tour guide shall operate a vessel with the fleet or group.
(c)
A fleet or group shall not consist of more than six PWCs. The tour guide shall guide the operations and behavior of the fleet or group. The tour guide shall not be in charge of more than one fleet or group at any time.
F.
In addition to any and all other applicable provisions of this chapter, Class B marinas located on the waters of Lake George shall comply with the following:
(1)
Restrooms for the use of customers or clientele.
(2)
Trash-disposal receptacles sufficient to accommodate all trash generated by the marina's customers and maintained in a clean and usable condition.
(3)
Adequate parking spaces for customer's vehicles, as determined by the Lake George Planning Board.
(4)
Adequate facilities, or proven access to such facilities for the disposal of waste from portable marine toilets, for use by vessels which use the services of the Class B marina. Such facilities shall be designed, installed, operated and maintained to prevent the discharge of contaminants from marine toilets to the waters of the lake or the ground from which they may flow into the waters of the lake. For the purposes of this subsection, vessels using the services of the Class B marina shall include vessels which moor, dock or are quick launched by the marina. Written proof of access to disposal facilities for a period equal to the life of the permit shall be required. Off-site facilities must be located within a reasonable distance from the Class B marina.
§ 175-55 Commercial boat storage.
Commercial boat storage is a use which is allowed in zoning districts as identified in Schedule II,[1] with site plan review and approval. When proposed on its own, commercial boat storage located in the Lake George Park shall be considered a marina by the Lake George Park Commission, and therefore is also subject to a LGPC review and marina permit. Limited boat storage associated with a year-round boat repair shop or boat sales business shall not be considered the primary use and shall be allowed as an accessory use as long as the number of boats stored is no more than 20, and as long as the boats are either housed in a structure or screened.
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
§ 175-56 Home occupations.
A.
Purpose. It is the purpose of this section to regulate the operation of home occupations to ensure that the home occupation remains secondary or incidental to the residential use. The right of property owners to be free of nuisances caused by certain home occupations is recognized. Only those uses will be allowed which:
(1)
Ensure compatibility of home occupations with other uses permitted in residential districts.
(2)
Maintain and preserve the character of residential neighborhoods.
(3)
Are incidental to the use of the premises as a residence.
B.
Classification of home occupations. Home occupations are classified as either Type I or Type II. Type I home occupations will have no impact on the surrounding neighborhood and are characterized by the following criteria:
(1)
The business has no employees, other than those that reside on the premises. The business may have additional employees who do not work on premises.
(2)
The business has no customer traffic.
(3)
There are no deliveries to or from the home occupation other than routine mail and incidental package delivery.
(4)
No equipment is used other than that normally used in household, domestic, or general office use.
(5)
There is no visible exterior evidence of the occupation. Visible exterior evidence shall include visibility of the contents of a garage by leaving a garage door open for an extended period of time.
(6)
There are no commercial vehicles associated with the home occupation parked either on the property with the Type I occupation or in a public street or street right-of-way adjacent to the home occupation for more than three consecutive days. "Commercial vehicle" is defined as that vehicle requiring a commercial driver's license.
(7)
Type II home occupations have the potential to have a greater impact on the surrounding neighborhood than the Type I home occupations and are characterized by the following criteria:
(a)
The business may have up to two employees, in addition to those that live on the premises. The business may have additional employees who do not work on premises.
(b)
The business may have customer traffic.
(c)
There may be deliveries to or from the home occupation in addition to routine mail and incidental package delivery.
(d)
Equipment, other than that normally used in household, domestic, or general office use, may be used.
(e)
There may be visible exterior evidence of the occupation such as signs or materials storage. Visible exterior evidence shall include visibility of the contents of a garage by leaving a garage door open for an extended period of time.
(f)
There are commercial vehicles associated with the home occupation parked on the property with the home occupation or in a public street or street right-of-way adjacent to the home occupation for more than three consecutive days. "Commercial vehicles" are defined as those requiring a commercial driver's license.
C.
Standards. All home occupations shall meet the following criteria:
(1)
Floor area. The home occupation shall not occupy more than 25% of the gross floor area of the primary dwelling, nor 25% of a garage and accessory structure when combined. The garage and accessory structures must be located on the same property as the primary dwelling.
(2)
Number of occupations per dwelling. No more than one home occupation shall be permitted within any single-dwelling unit.
(3)
Limitations on nonresidents. The individual primarily responsible for the home occupation shall reside in the dwelling unit.
(4)
Employees. No employees, in addition to the immediate family permanently residing on the premises, shall be employed in a Type 1 home occupation. A Type 2 home occupation may have up to two employees.
(5)
Hours of operation. In no case shall a Type 2 home occupation be open to the public at times earlier than 8:00 a.m., nor later than 6:00 p.m.
(6)
Storage. There shall be no storage of equipment, vehicles or supplies associated with the Type 1 home occupation outside the dwelling or accessory building.
(7)
Signage. Type 1 home occupations may not have a sign. A Type 2 home occupation may have a sign in compliance with Article V, § 175-32, Signs, of this chapter. Under no circumstances shall signs located outside of the APA hamlet exceed five square feet.
(8)
All home occupations shall otherwise meet the definitions of "accessory uses" and "accessory structure."
D.
Procedures.
(1)
Business license. In order to operate, all home occupations are required to obtain a business license through the Town Clerk's Office. The granting of that business license shall be contingent upon the applicant's ability to demonstrate that they have a zoning compliance certificate from the Zoning Officer for a Type I home occupation or that they have obtained site plan approval for a Type II home occupation. Each business license is valid for a term of one year from the date it was approved and, provided the home occupation use is to continue, shall be renewed on or before the expiration date of that license. The fee for such business license shall be in accordance with the Town of Lake George business license fee schedule.[1] See also § 99-5, Application for license.
[1]
Editor's Note: Said fee schedule is on file in the Town offices.
(2)
Site plan approval. Every Type II home occupation shall be required to obtain site plan approval in accordance with the procedures outlined in Article VI. The land use and development granted to a home occupation shall not be transferable from person to person or from address to address.
(3)
Nonconforming home occupations. Any nonconforming home occupation shall be discontinued or comply with all the applicable provisions of this chapter within 24 months after the home occupation first became nonconforming. A nonconforming home occupation is one which was lawfully in existence on the first date of adoption of these regulations but is no longer allowed because of the application of this chapter or any amendment hereto.
E.
Enforcement; voiding of permit or business license. The Zoning Officer may void any compliance certificate or business license for noncompliance with the criteria set forth in this chapter or for providing false statements in the license or special use permit application. Revocation may take place at any time prior to the expiration date of the permit. If the permit or license is revoked or is not renewed, it becomes null and void, and the home occupation use shall be terminated. If a permit or a license has been revoked, the owner of the home occupation business shall not apply for another business license or land use and development permit for a period of one year from the date of the revocation.
F.
Inspections. The Zoning Officer shall have the right at any time, upon reasonable request and consent or lack of objection from the property owner, to enter and inspect the premises of the home occupation for safety and compliance purposes.
§ 175-57 Trailers.
The use of trailers throughout the Town of Lake George shall conform to the following provision. Travel trailers shall be subject to Article VII, § 175-53, Mobile home courts, campgrounds and travel trailer parks.
A.
Intent. The Town of Lake George recognizes that the use of trailers has the potential to impact the aesthetics of residential and commercial environments. In an effort to preserve the aesthetics of these areas, the Town has enacted the regulations contained within this section.
B.
Regulation.
(1)
All trailers, regardless of the zoning district in which they are used, shall be located away from the front lot line and behind the front yard setback.
(2)
In the RS-1, the RSH, and the RCH-LS Districts, trailers may not be located in the front yard and must be placed at least 25 feet back from the lot line, or be placed behind substantial vegetation or fencing, effectively screening the trailer from the road.
(3)
Trailers used for private boat storage. Boats stored on boat trailers are exempt from the provisions in this section during the off season (Labor Day to Memorial Day), provided that they fall under the definition of private boat storage.
C.
Compliance. The owner of the property on which the trailer(s) reside shall have 60 days from the date that these regulations are enacted to comply with this section.
§ 175-58 Self-service storage facilities.
Self-service storage facilities, where permitted by this chapter, shall conform to the following requirements:
A.
Intent. The Town of Lake George, in an effort to provide an alternative to the use of storage trailers on commercial or residential properties, recognizes the need for self-service storage facilities. However, the Town also recognizes that such a use may have the potential to impact the aesthetics of surrounding land uses and therefore additional regulatory requirements are provided within this section.
B.
Location of storage. Storage materials, including boats, vacant trailers, and recreational vehicles, shall be stored internally within the self-service storage facility.
C.
Lot coverage. Lot coverage shall be in accordance with Schedule II, Dimensional Requirements.[1]
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
D.
Setbacks. Side and rear yard setbacks shall be in accordance with Schedule II, Dimensional Requirements. Front yard setbacks shall be at least 50 feet.
E.
Landscaping. Landscaping and buffering shall be provided in accordance with this chapter and Chapter 148, except that a C-type buffer as described in the Commercial Design Guidelines, Appendix I,[2] shall be required for self-service storage facilities, as described in the landscaping and buffering provisions of the commercial design guidelines.
[2]
Editor's Note: Said appendix is included as an attachment to this chapter.
F.
Lighting. Lighting shall be provided in accordance with the commercial design guidelines found in Appendix I of this chapter.
G.
Height. A maximum ceiling height of 12 feet shall be permitted. Ceiling height shall be measured from the lowest point of finished floor to the ceiling.
H.
Circulation and off-street parking. One parking space shall be provided for every 50 storage units. Driveways shall be designed so that there is at least 20 feet between rows of buildings.
I.
Prohibited uses in self-service storage facilities.
(1)
Auctions, commercial, wholesale, or retail sales, or miscellaneous or garage sales. Auctions shall not include auctions of property of delinquent occupants as provided for in the provisions of § 182 of the Lien Law of the State of New York.
(2)
The servicing, repair, or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances, or other similar equipment. An exception is the aforementioned use by the facility owner.
(3)
The operation of power tools, spray-painting equipment, kilns, or other similar equipment. However, the use of the aforementioned equipment by the facility owner shall be permitted to allow for the normal maintenance operations of the facility.
(4)
The establishment of a transfer and storage business.
(5)
Any use that is noxious or offensive because of odors, dust, noise, fumes, or vibrations.
(6)
Use of the storage unit as living quarters or dwelling.
(7)
Housing of live animals.
(8)
Storage of any explosive or highly flammable material, hazardous to toxic goods.
§ 175-59 Sand, gravel and topsoil extraction.
A.
Purpose. The purpose of this section is to promote the health, safety and general welfare of the residents of the Town of Lake George, to minimize the visibility of unsightly mining operations; and to minimize adverse visual effects from mining operations by requiring careful siting, visual impact assessment, appropriate buffering, and appropriate hours of operation.
B.
Consistency with the New York State Mined Land Reclamation Act.[1] Any person who mines or proposes to mine from each mine site more than 1,000 tons or 750 cubic yards, whichever is less, of minerals from the earth within 12 successive calendar months or who mines or proposes to mine over 100 cubic yards of materials from or adjacent to any body of water not subject to the jurisdiction of NYCCRR 608 or to the Public Lands Law shall not engage in such mining unless a permit for such mining operation has been obtained from the New York State Department of Environmental Conservation, Division of Mineral Resources.
[1]
Editor's Note: See § 2701 et seq. of the Environmental Conservation Law.
C.
Extraction threshold. The "extraction threshold" shall be defined as 1,000 tons or 750 cubic yards or 50 cubic yards if the location of extraction is 100 feet from a waterbody.
D.
Standards.
(1)
Site plan review. Private and commercial sand, gravel and topsoil extraction that falls below the extraction threshold shall be subject to site plan review and the considerations specified in Article VI, site plan review. Private and commercial sand, gravel and topsoil extraction, whether or not it falls below or is at or above the extraction threshold, shall also be subject to the considerations listed below:
(a)
Excavation.
[1]
Slopes caused by the excavation shall, upon completion, not exceed 30%.
[2]
The depth of excavation shall approach no closer than five feet to the average high point of the groundwater table measured annually, except upon a showing satisfactory to the Planning Board during site plan review that the site plans contain mitigative measures adequate to assure that the proposed use of the land will not cause any undue, adverse impacts either to such groundwater table or to any surface waters into which such lands drain.
[3]
Stockpiled material shall not exceed 35 feet in height.
(b)
Buffer zones.
[1]
An undisturbed buffer zone of 50 yards shall surround the excavation within the limits of the property.
[2]
The entry into the excavated area shall be curved so as to prevent a direct view form the public right-of-way.
[3]
The provisions of the erosion, sedimentation and stormwater runoff control regulations contained herein shall govern all excavations.
(2)
Limitations on site plan review. Where the amount of material to be extracted over a twelve-month period exceeds the extraction threshold, site plan review shall be limited to the following considerations:
(a)
Ingress and egress to public thoroughfares controlled by the Town of Lake George;
(b)
Routing of mineral transport vehicles on roads controlled by the Town of Lake George;
(c)
Requirements and conditions as specified in the permit required by the New York State Department of Environmental Conservation under the New York State Mined Land Reclamation Law (Title 27) concerning setback from property boundaries and public thoroughfare right-of-way natural or man-made barriers to restrict access, if required, dust control and hours of operation, when such conditions are required under § 23-2711 of Title 27;
(d)
Enforcement of reclamation requirements contained in mined land reclamation permits issued by the state.
§ 175-60 Travel trailers.
The following regulations shall apply to travel trailers.
A.
On property on which the principal use is a residential use, the following regulations shall apply:
(1)
The travel trailer(s) must be registered to the owner of the property on which the travel trailer is situated.
(2)
The travel trailer shall not be occupied by any persons for overnight use.
(3)
The travel trailer must be located in the rear or side yard.
(4)
The use of a travel trailer shall be prohibited on a vacant lot.
B.
On property on which the principal use is a commercial use, travel trailers shall be prohibited unless that commercial use is a licensed travel trailer park.
§ 175-61 Kennels.
Kennels shall be located on parcels of at least 10 acres. All dog runs or other areas in which dogs are kept must be located at least 200 feet from any property line.