Allowed as part of an approved site plan;

Used in the construction or alteration of a structure on the same lot or in the same development and stored for not more than one year or not more than 60 days after completion of construction, whichever is less; or

Such outdoor storage is limited to machinery, equipment or supplies essential to the operation of a farm or storage of any products grown on the premises of a farm or nursery.

Painted in a fashion as to be in harmony with other structures on the property.

Axles, wheel and tires shall be removed.

Any damage to the trailer shall be repaired prior to the placement.

No more than one tractor-trailer body per property.

The ZBA may apply any other condition it feels necessary.

Front: 20 feet from an interior road.

Side: 15 feet.

Rear: 30 feet.

The occupation or profession shall be carried on wholly within the principal building.

Not more than two persons outside the household residing in the dwelling shall be employed in the home occupation.

There shall be no exterior display, other than a sign, no exterior storage of materials and no other exterior indication of the home occupation or variation from the residential character of the principal building.

No offensive odor, noise, vibration, smoke, dust, heat or glare shall be produced, nor will the storage or handling of hazardous material be allowed.

No more than 40% of the habitable space, at the time of application, will be allowed for the use of the home occupation.

The Joint Zoning Board of Appeals may grant a conditional use permit to house the home occupation in an accessory building. Such use shall be subject to the requirements of § 150-17B and may be exempt from § 150-66D(5).

Permanent conservation of natural areas or agricultural lands.

Provision of passive/active open space.

Infrastructure improvements (sewer, water, roads).

Public access to waterfronts.

Provision of trail linkages.

Preservation of scenic views.

Provision of cross access easement or shared access.

Increases in dwelling unit density. Such density shall be limited to one dwelling unit per acre unless public water and sewers are available.

Increases in lot coverage.

Changes in setback or height standards.

Change of use.

The proposed amenity.

The value of the proposed amenity.

A narrative which:

The Joint Planning Board will review the proposal and report to the governing board with its evaluation of the adequacy with which the amenity(ies)/incentive(s) fit the site and how they relate to adjacent uses and structures. The Joint Planning Board's review shall be limited to the planning, design and layout considerations involved with project review or such other issues as may be specifically referred by the local governing board.

The local governing board will review the Joint Planning Board's report. The local governing board will notify the applicant as to whether it is willing to further consider the proposal and hold a public hearing thereon.

All applicable requirements of the State Environmental Quality Review (SEQR) Act shall be complied with as part of the review and hearing process. In addition to other information that may be required as part of the environmental assessment of the proposal, the assessment shall include verification that the zoning district in which the proposal is to be located has adequate sanitary sewer, water, transportation, waste disposal and fire protection facilities to:

Following the hearing and in addition to compliance with all SEQR requirements, the local governing board shall, before taking action, refer the proposal for review and comment to other governmental agencies as may be required and may refer the proposal to the Joint Planning Board and other boards and officials for review and comment. In order to approve an amenity/incentive proposal, the local governing board shall determine that the proposed amenity provides sufficient public benefit to provide the requested incentive. Thereafter, the Joint Planning Board is authorized to act on an application for site plan or subdivision approval pursuant to applicable regulations.

Following preliminary plan approval and subject to meeting all conditions imposed on the preliminary plan, including all documentation required by the Municipal Attorney and local governing board on the amenity, the applicant may submit a final plan for review and approval.

Joint Planning Board action. All uses subject to the requirements of this section may be established and maintained if their operation is approved by the Joint Planning Board as being in conformance with the standards and regulations limiting dangerous and objectionable elements, such as dust, smoke, odor, fumes, noise or vibration. In approving the site plan, the Joint Planning Board shall decide whether the proposed use will conform to these applicable performance standards or any additional performance standards required by state or federal laws or which are generally recognized performance standards for a given industry.

Uses subject to the performance standards procedure.

The Code Enforcement Officer as part of the sketch plan conference shall tentatively identify whether a proposed use will be required to certify compliance with any of the performance standards listed in this section. Certification may require signing a written statement or presentation of construction details and a description of the specifications for the mechanisms and techniques to be used in restricting the emissions of any dangerous and objectionable elements. The applicant shall also file with such plans and specifications an affidavit acknowledging understanding and stating agreement to conform to the same at all times. Any information which is designated by the applicant as a trade secret and submitted herewith will be treated as confidential under provisions of the New York State Freedom of Information Law. During the course of site plan review, the Joint Planning Board will determine if the applicant's proposal falls within the performance standards.

Expert consultants. The Joint Planning Board may require a report by one or more expert consultants retained by the Joint Planning Board or retained by the applicant and approved by the Joint Planning Board to advise as to whether the proposed use will conform to the applicable performance standards. The consultant shall report to the Board within 20 days, and a copy of the report shall be promptly furnished to the applicant. The cost of any such special reports by expert consultants shall be paid by the applicant. The applicant shall submit to the Joint Planning Board a written report showing the manner in which the proposed use will comply with the performance standards. Any building permit or certificate of occupancy shall be conditioned on, among other things, the applicant paying the fee for services of such expert consultants as the Joint Planning Board may call upon for advice as to whether or not the applicant's completed buildings and installations will conform in operation to the applicable performance standards.

Fire and explosive hazards. All activities involving and all storage of flammable and explosive materials shall be protected at all times with adequate safety devices against the hazard of fire and explosion and adequate fire-fighting and fire-suppression equipment and devices standard in industry. Burning of waste materials in open fires is prohibited at any time. The relevant provisions of state and local laws and regulations shall also apply.

Vibration.

Noise.

Smoke. The density emission of smoke or any other discharge into the atmosphere during normal operations shall not exceed visible gray smoke of a shade equal to or darker than No. 2 on the standard Ringelmann Chart. (The Ringelmann Chart is a chart published by the United States Bureau of Mines which shows graduated shades of gray for use in estimating the light-obscuring capacity of smoke). These provisions applicable to visible gray smoke shall also apply to visible smoke of a different color but with an apparent equivalent capacity.

Odor. No emission shall be permitted of odorous gases or other odorous matter in such quantities as to be readily detectable when diluted in the ratio of one volume of odorous air emitted to four volumes of clean air. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system so that control will be maintained if the primary safeguard system should fail. There is hereby established, as a guide in determining such quantities of offensive odors, Table III, Odor Thresholds, in Chapter 5 of the Air Pollution Abatement Manual, Copyright 1959, by the Manufacturing Chemical Association, Inc., Washington, D.C., as said manual and/or table is subsequently amended.

Fly ash, dust, fumes, vapors, gases and other forms of air pollution. No emission shall be permitted which can cause any damage to health, animals, vegetation or other forms of property or which can cause any excessive soiling at any point beyond the boundaries of the lot. The concentration of such emission on or beyond any lot line shall not exceed 0.1 the maximum allowable concentration set forth in § 12-29 of the Industrial Code Rule No. 12, relating to the control of air contaminants, adopted by the Board of Standards and Appeals of the New York State Department of Labor, effective October 1, 1956, and any subsequent standards.

Electromagnetic radiation. It shall be unlawful to operate or cause to be operated any planned or intentional source of electromagnetic radiation which does not comply with the current regulations of the Federal Communications Commission regarding such sources or electromagnetic radiation, except that, for all governmental communications facilities, governmental agencies and government-owned plants, the regulations of the Interdepartment Radio Advisory Committee regarding such sources of electromagnetic radiation shall take precedence over the regulations of the Federal Communications Commission. Further, said operation in compliance with the Federal Communications Commission or the Interdepartment Radio Advisory Committee regulations shall be unlawful if such radiation causes an abnormal degradation in performance of other electromagnetic radiators or electromagnetic receptors of quality and proper design because of proximity, primary field, blanketing, spurious reradiation, harmonic content or modulation of energy conducted by power or telephone lines. The determination of abnormal degradation in performance and of quality and proper design shall be made in accordance with good engineering practices, as defined in the latest principles and standards of the American Institute of Radio Engineers and the Electronic Industries Association. In case of any conflict between the latest standards and principles of the above groups, the following precedence in interpretation of the standards and principles shall apply: American Institute of Electrical Engineers; Institute of Radio Engineers; and Electronic Industries Association.

Radioactive radiation. No activities shall be permitted which emit dangerous radioactivity at any point beyond the property lines. The handling of such radioactive materials, the discharge of such materials into the air and water, and the disposal of radioactive wastes shall be in conformance with the regulations of the Nuclear Regulatory Commission, as set forth in Title 10, Chapter 1, Part 20, as amended, and all applicable regulations of the State of New York.

Heat. Heat emitted at any or all points shall not at any time cause a temperature increase on any adjacent property in excess of 5º F., whether such change is in the air or on the ground, in a natural stream or lake, or in any structure on such adjacent property.

Glare.

Liquid or solid waste. No discharge shall be permitted at any point into a public sewer or stream or into the ground, except in accord with standards approved by the State and Livingston County Departments of Health and local ordinances, of any materials of such nature or temperature as can contaminate any water supply or otherwise cause the emission of dangerous or offensive elements. There shall be no accumulation of solid wastes conducive to the breeding of rodents or insects.

Identify the approximate location of the proposed building site and/or use and check to see if the site is situated in one or more of the mapped conservation areas.

If the applicant's proposed development or use is found to be located well outside of any identified conservation area shown on the supplemental map, the Code Enforcement Officer may issue a zoning permit, provided that all other requirements and conditions of the chapter are met.[1]

If the applicant's property is found to be located completely or partially within one or more of the mapped conservation areas or bordering thereon, the Code Enforcement Officer shall accompany the applicant to the site to confirm the exact location and existing physical conditions.

If the Code Enforcement Officer confirms the location of the proposed development and/or use within any of the conservation districts, the activity proposed may, at the discretion of the CEO, be subject to review by the Joint Planning Board in accordance with the site plan review requirements of Article XIV and the standards of this section.

Forest/woodland.

Wetland.

Steep slope.

Floodplain. In accordance with National Flood Insurance specifications and Chapter 80 of the Code of the Town of Livonia or Chapter 93 of the Code of the Village of Livonia, the following conditions shall apply:

Major scenic overlook.

Stream corridor. These regulations shall apply to streams shown on the Livonia base map and to any major drainageway.

Conesus and Hemlock Lake Watersheds.

Sites of historic or archaeological significance. No sites of historic or archaeological significance shall be seriously threatened by any proposed new construction if the Joint Planning Board determines that a reasonable alternative exists. This may include the modification of the architectural design or relocation of the building site.

Comply with Article XV, Access Management, and Article X, Off-Street Parking and Loading Regulations.

Comply with Article IX Landscaping, Screening and Buffer Regulations.

Comply with all regulations and processes associated with Article XIV, Site Plan Review and Approval, by the Livonia Joint Planning Board.

Minimum lot size to be three acres, plus any additional acreage determined by the Planning Board to be required in order to provide for possible future expansion and buffer noise, lights, etc., from neighboring uses.

Maximum build-out for site shall be determined by Planning Board.

Permitted agritourism or agribusiness activity shall be and remain an accessory use to the owner’s farm or farm operation.

Any significant or material change or expansion of the uses associated with a previously granted conditional use permit for agritourism or agribusiness shall require additional review and approval by the Town of Livonia Planning Board.

Applicant is required to provide to the Building and Zoning Department and to maintain accurate and up-to-date as-built maps of facilities.

All facilities are subject to applicable building and fire codes, including periodic fire inspections.

Hours of operation and noise level limits shall be set as determined by the Planning Board and/or Zoning Board of Appeals.