Low Density Residential (LDR). The purpose of the LDR District is to recognize and protect the lowest density neighborhoods within the City of Lockport. These properties are generally characterized by owner-occupied, single-family detached homes with large, unobstructed front yards situated on lots of at least 1/4 acre in size. Future investment within the LDR District should be consistent with the existing low density development pattern of these neighborhoods while also continuing pedestrian connectivity to the City's denser neighborhoods and urban center.

Medium Density Residential (MDR). The purpose of the MDR District is to preserve and enhance the City's traditional neighborhood blocks consisting of single- and two-family homes. The MDR District provides a natural transition from the City's central high-density neighborhoods to its low-density fringe developments. Each block maintains a relatively uniform character, with unobstructed front yards, garages located in the rear yard, and home entrances fronting the street with connections to public sidewalks. Investment in the MDR District should continue to preserve the historic settlement pattern of these neighborhoods while providing for a moderate increase in residential density.

Mixed Residential (MR). The purpose of the MR District is to identify and provide for the highest density and variation in residential living opportunities within the City. MR District neighborhoods located nearest to the City center include some of Lockport's oldest, most diverse housing stock, comprised of single-, two-, and multifamily dwellings. While the composition of dwelling types may vary, these neighborhoods exhibit similar characteristics to the traditional block development pattern of the MDR District. Mixed residential neighborhoods also include existing apartment complexes and properties where the development of or transition to a mix of residential densities may be desirable. Where considered, future development and/or redevelopment proposals shall achieve the following:

Uses identified with a "P" are permitted as-of-right, subject to compliance with all other applicable standards of this chapter.

Uses identified with a "SP" may be allowed with the issuance of a special use permit in accordance with Article 43.

Uses not listed and those identified with a "-" are expressly prohibited.

Mixed Use - Downtown (MU-D). The purpose of the MU-D District is to identify the core of the City and support investment that is consistent with Lockport's vision and goals for its downtown area. The MU-D District provides a variety of shopping, service, recreation, and living opportunities for residents and visitors today. Through the MU-D District the City intends to protect and restore the architectural integrity, scale, and walkability of its central business district corridors, traditionally defined by multistory, mixed-use buildings built to the street. To accomplish this, future investment should align with the following objectives:

Mixed Use - General Commercial (MU-GC). The purpose of the MU-GC District is to support Lockport's vision and goals for transforming its existing auto-oriented commercial plazas into mixed use corridors and activity centers. The MU-GC District regulates the location, design, and use of structures and land to enhance the aesthetic appeal of the district to reflect the traditional character, walkability, and human-scale environment found within other areas of the City. Future investment in the MU-GC District should:

Mixed Use - Neighborhood (MU-N). The purpose of the MU-N District is to increase economic opportunity in transitional residential areas connecting established neighborhoods to commercial activity centers. The regulations of the MU-N District permit the continuance of residential uses, while also allowing the integration of low-impact commercial uses that increase access to local jobs, goods, and services. Such uses shall be limited in scale and intensity to ensure their operation does not negatively impact existing neighborhood character and resident quality of life. The conversion of dwellings for nonresidential use is permissible, provided the architectural integrity and residential character of the structure and lot are maintained. Where proposed, new construction shall be of an appropriate scale and design to complement the existing character of the neighborhoods in which it is located and surrounding design context.

Mixed Office (MO). The purpose of the MO District is to maintain and enhance the MO areas as a location for the provision of neighborhood-scale medical and professional offices, as well as a variety of retail, entertainment, and service uses. Investment in the MO District should enhance the character and walkability of the areas through streetscaping improvements, providing continuous pedestrian connections throughout the site and to the public right-of-way. Any proposed development shall not detract from the desired character of the streetscape and quality of life for adjacent neighborhoods, using landscaping and screening, and other mitigating site design elements as appropriate.

Uses identified with a "P" are permitted as-of-right, subject to compliance with all other applicable standards of this chapter.

Uses identified with a "SP" may be allowed with the issuance of a special use permit in accordance with Article 43.

Uses not listed and those identified with a "-" are expressly prohibited.

Mixed Light Industrial (MLI). The purpose of the MLI District is to allow for the continuance of low-impact, light industrial activity alongside residential, institutional, and commercial uses, fostering a unique mixed use environment. With future investment this District will increase employment, commerce, and housing opportunities while celebrating Lockport's industrial history and development. To accomplish this, the MLI District also supports creative redevelopment efforts of Lockport's older, underutilized industrial properties with proximity to downtown. Investment in the MLI District should seek to achieve the following objectives:

General Industrial (GI). The purpose of the GI District is to accommodate a wider variety of industrial activities, which may have a greater intensity of operation than industrial uses permitted in the MLI District. The GI District recognizes existing large-scale manufacturing and heavy industrial activities that play an important role in the City's economy, leveraging areas where public utilities, rail lines, and adequate transportation facilities are available. Uses in the GI District should employ techniques to minimize negative impacts on adjacent nonindustrial uses.

Uses identified with a "P" are permitted as-of-right, subject to compliance with all other applicable standards of this chapter.

Uses identified with a "SP" may be allowed with the issuance of a special use permit in accordance with Article 43.

Uses not listed and those identified with a "-" are expressly prohibited.

Purpose. The purpose of the Open Space (OS) District is to implement the vision and goals of the City's adopted plans and studies to preserve and enhance Lockport's open spaces, parks, trails, and environmentally sensitive areas by protecting these natural amenities from development pressures. The OS District applies to privately or publicly owned parks and trails, environmentally sensitive areas such as woodlots, wetlands, and wildlife habitats, cemeteries, farms, and otherwise undeveloped lands. The intent of this district is to further ensure ample passive and active recreational opportunities for residents and visitors and to identify natural areas with valuable environmental, aesthetic, and recreational benefits.

Use lists. Uses are allowed in the OS District in accordance with the following table.

Dimensional and bulk requirements.

Purpose. The purpose of the Historic Overlay (HO) District is to provide for the protection, enhancement, and perpetuation of landmarks and historic districts to preserve the economic, cultural, educational, and architectural integrity of the City. Furthermore, it is the intent of City in establishing the HO District to achieve the following objectives:

Applicability. The HO District shall consist of the historic districts and properties listed on the New York State and National Registers of Historic Places and as identified on the City's official zoning map. For the purposes of this chapter, the HO District shall be considered an overlay district, applying additional design reviews to the properties therein in accordance with Article 44. Where the regulations of the HO District conflict with that of the underlying district, the HO District regulations shall take precedence.

Purpose. The purpose of the LWRO District is to align the City's zoning code and map with the City of Lockport Local Waterfront Revitalization Program (LWRP), implementing special controls to guide land use and development within the waterfront areas.

Applicability. The extent of the LWRO District boundary shall follow that of the City's Local Waterfront Revitalization Program (LWRP) boundary. The overlay district is to be superimposed on the underlying zoning district provisions, applying the additional reviews and regulations of Chapter 187 (Waterfront Consistency Review) of the City of Lockport Code.

Enactment. The City of Lockport hereby enacts requirements for the review of planned unit developments and the establishment and simultaneous mapping of Planned Unit Development (PUD) Districts pursuant to the provisions of this chapter and Article 5-A § 81-f of New York State General City Law.

Purpose. In some circumstances the conventional use, lot, and building requirements contained in this chapter may not be the best standards to ensure development achieves the goals of the City's Comprehensive Plan and other adopted plans and studies. Therefore, it is the purpose of a PUD District to provide flexibility for development in furtherance of the following objectives:

Eligibility. To be eligible for the establishment of a PUD District applicants must demonstrate the proposed project meets or exceeds the following criteria:

Relief from conventional zoning. For projects deemed eligible, the reviewing body may waive City zoning regulations that would ordinarily apply to a property where the applicant demonstrates relief from said regulations is necessary to meet the purposes described herein. It is not the intent of this article to arbitrarily dispense with conventional zoning regulations, but rather to grant the minimum relief necessary to achieve the objectives of this article.

Approval required. No building permit may be issued for any planned unit development until approval of a PUD District application is obtained in accordance with Article 45.

Permitted uses.

The following requirements are applicable to all uses, permitted (P) and specially permitted (SP), as noted in the use tables of Articles 20, 21, 22, and 23 of this chapter.

Specially permitted uses must obtain a special use permit and site plan review in accordance with Articles 43 and 42.

Permitted uses do not require a special use permit. However, uses permitted as-of-right must obtain site plan review approval in accordance with Article 42 and conform to the additional use requirements of this article, where applicable.

Should the additional use regulations of this article conflict with other requirements of this chapter, the regulations contained herein shall take precedence.

General requirements. Accessory dwelling units and in-law suites shall conform to the following.

Owner-occupancy requirements.

General requirements. Accessory uses and structures shall:

Permissible accessory uses and structures. The following shall be considered permissible accessory uses or structures for the purposes of this chapter.

Agricultural operations shall have a minimum lot size of 10 acres. All structures thereon, except for a primary residence, shall observe a minimum setback of 200 feet from all property lines.

The keeping of animals shall be permitted in accordance with § 190-24.16.

General requirements. The following shall apply to all animal grooming shops, animal hospitals, veterinary clinics, and kennels.

Animal grooming shops.

Animal hospitals, veterinary clinics and kennels.

Automobile wrecking yards shall be located at least 1,000 feet from the nearest edge of any residential, mixed use, or open space district and the Erie Canal.

No curb cuts or driveways that provide access from a local or a collector street shall be used or established.

No curb cuts or driveways shall be located within 150 feet of any residential, mixed use, or open space district boundary line.

As part of special use permit and site plan review, the reviewing body shall consider and place reasonable restrictions on any such operation necessary to mitigate negative environmental impacts and public nuisances, such as noise, smoke, and odor. This may include, but is not limited to, consideration of the type of road servicing the site or from which the site may be seen, the natural or artificial barriers protecting the site from public view, the proximity of the proposed yard to established residential, recreational, or environmentally sensitive areas, and the intensity of the operation.

B&Bs may be permitted in an owner-occupied single-family dwelling.

There shall be no more than three rooms occupied in the residence.

The minimum square footage of each room shall be 120 square feet.

The quarters to be utilized by guests or occupants shall not be permitted in any accessory structure.

The use by guests shall be no longer than seven consecutive calendar days.

Sales of merchandise shall be incidental to the use of the premises as a bed & breakfast.

There shall be no more than two employees not living on the property reporting for work.

The residential character of the lot and structures located thereon shall be preserved. Structural alterations or additions of a nonresidential nature shall be prohibited.

No off-street parking areas, other than the approved driveway, may be permitted in the front yard. Additional off-street parking spaces extending from the driveway in the side or rear yard must be screened from adjacent properties and the public right-of-way in a manner approved through site plan review.

Owner shall at all times have and maintain a valid sales tax certificate as required by New York State Law and to collect and remit the applicable occupancy and sales tax as required by law, ordinance, or regulation.

All buildings, structures, and areas of organized activity dedicated to the use shall maintain a setback of at least 10 feet from all property lines, or in compliance with the setback space set forth in the underlying zoning district, whichever is greater.

A landscaped buffer or fence of at least five feet in height shall be provided at all side and rear property lines.

Outdoor speakers and public-address or stereo systems are prohibited in residential districts.

All day cares shall be required to obtain site plan review approval, as required by Article 42 of this chapter.

Access drives and vehicular lanes.

Drive-through windows, speakers and menu boards.

Buffering and landscaping. All impervious surfaces, including curbing, shall maintain a setback of at least 10 feet from any abutting residential property line. Such setback areas shall be landscaped to the satisfaction of the reviewing body in site plan review.

Traffic capacity limitations. The reviewing body may request a traffic impact study as part of site plan review to evaluate the impact of such facilities on traffic, and may approve or disapprove said project based upon the findings of the said traffic impact study.

Extractive operations shall not be conducted closer than 300 feet to any adjacent property line.

A location map showing land to be quarried or mined and the location of adjacent properties, roads, and natural features shall be filed with the CEO.

A plan for the restoration of the land, including anticipated future use of the restored land, the proposed final topography indicated by contour lines of no greater interval than five feet, steps which will be taken to conserve the topsoil, and the location of future roads, drainage courses or other improvements contemplated shall be submitted to the reviewing body for special use permit and site plan review. Upon approval of the plan, the CEO shall issue a special use permit for extractive or mining operations for a period of two years.

The CEO shall extend the permit from year to year if the CEO finds that the restoration plan has been proceeding at a pace commensurate with the earth-removal operations.

General requirements.

Residential districts and uses.

Nonresidential districts and uses.

Height exceptions.

Materials.

Snow fences. Snow fences may be erected and maintained without a permit only in locations appropriate for the control of snow between the dates of November 1 and April 1. All other uses, with the exception of temporary protection at emergency and/or construction sites, are strictly prohibited.

General requirements. All gasoline stations shall be in conformance with the following.

Purpose. The purpose of regulating home occupations is to provide residents with the opportunity to conduct professional office or administrative uses within their home, while still preserving the value and character of the neighborhood.

Permitted occupations. Permitted home occupations include lawyers, accountants, authors, engineers, architects, consultants, realtors, insurance agents/brokers, artists, photographers, tailors, repairpersons, beauticians, barbers, counselors, teachers, tutors, music or art instructors, or other such vocations which the CEO deems appropriate by virtue of similarity in nature, activity, and/or extent.

Prohibited occupations. Prohibited home occupations include those that would generate adverse impacts to or are incompatible with the existing character of a residential neighborhood. These uses include, but are not limited to, retail stores, medical or emergency services, animal care services, vehicle service or repair, instrument instruction in groups, convalescent homes, or mortuary establishments.

General regulations.

Purpose. The purpose of this section is to establish safeguards for the keeping of bees, chickens, and farm animals within the City to protect the public health, safety, and welfare.

Bees.

Chickens. Chickens may be kept and maintained under the following circumstances:

Farm animals. No person shall keep or harbor any cattle, horses, sheep, goats, swine, or any fowl with the exception of chickens within the City of Lockport, unless otherwise as part of an agricultural operation located in an agricultural district in accordance with New York State Agriculture and Markets Law. Farm animals shall not include domesticated animals, meaning those harbored and kept within a residential dwelling and not raised for commercial or subsistence purposes.

All mobile home parks shall be located on tracts of land at least 50 acres in size.

Individual mobile home lots located in a mobile home park shall contain at least 5,000 square feet of lot area.

No mobile home shall be located closer than 100 feet to any property line defining the external boundary of the court.

The minimum side clearance between any two adjacent mobile homes shall be 20 feet.

Roadway or area lighting shall be reflected away from adjoining properties and major thoroughfares.

The business of sale of mobile homes from a mobile home park shall be prohibited if located in an underlying residential district.

Individual tenants at the mobile home park may construct attached enclosures to individual mobile homes, provided that such enclosures do not exceed 50% of the floor area of the mobile home. Individual land use permits shall be required for such enclosures in each case.

By conversion. The conversion of a single-, two-, or multifamily dwelling to include additional dwelling units shall comply with the following:

New construction. Newly constructed multifamily dwellings shall be in conformance with the following regulations and design standards:

General requirements.

Assembly, seating, sales, and display area requirements.

Storage area requirements.

Electric, telephone and cable. Except for individual service to single-family and two-family residential developments, the telephone and television cable, electric and gas lines, or similar utility services, shall be installed underground, unless full documentation supporting alternate methods as the most feasible approach is provided to, and accepted by reviewing body as part of site plan review.

Enclosed or permanent structures. Such uses shall include electric substations, transformers, switches, and auxiliary apparatus serving a distribution area, and water-pumping stations, and shall be subject to the following regulations:

Minimum area.

Required minimum buffering and setback.

Pavement. Vehicle travel areas, parking areas, loading, and storage areas shall be covered and paved with a hard surface of asphalt, concrete, or other appropriate dust free surface capable of withstanding anticipated vehicle weights.

Operation.

General requirements. All uses and operations shall be required to adhere to federal, state, county and local laws and regulations. The production, processing and assembly operations including storage and/or processing of raw materials on site shall maintain standards and prevent such materials and operations related to the industry so as to mitigate smoke, dust, noise, odors, glare or any other deleterious by-products according to measures specified in the site plan or pursuant to the State Environmental Quality Review process.

Site plan approval. In addition to the provision of Article 42 the following additional items must be included as part of the site plan:

Landscaping and buffering. A 150-foot buffer setback shall be designed to address the specific context of the adjoining uses and their buffering needs. It will combine the use of native vegetative plantings, retention of natural vegetation berms, and/or other reasonable and appropriate design elements to create a visual buffer and attenuate noise from the site within two years of installation.

No building shall be located within 50 feet of any property line.

No outdoor recreation or entertainment facilities shall be located closer than 200 feet to the property line of any adjacent residential use or district unless proper landscaping and screening is provided as approved in site plan review.

Public-address and/or audio amplification systems shall be inaudible at any property line.

Hours of operation shall be posted on-site. All outdoor facilities shall be secured and closed to the public outside of operating hours.

A waste management plan shall be required to ensure proper upkeep of the site and disposal of trash, litter, animal waste, and other refuse.

Purpose. The City of Lockport is proud to be a community that welcomes visitors while maintaining the availability of permanent housing stock for residents and a high quality of life. The City recognizes that the overconcentration of STRs may cause disruption to the peace, quiet and enjoyment of Lockport residents. To respect the property rights and interests of all homeowners and long-term renters in the City, the following requirements seek to achieve a balance between those who wish to offer their homes and properties as STRs and those who choose not to do so. The following STR requirements for the City are intended to safeguard the public health, safety, and welfare by regulating and controlling the location, use, occupancy, oversight, and maintenance of STR properties.

Permit required. All existing and future short-term rental establishments are permitted with a special use permit, provided that all requirements set forth below are observed. No person, firm, corporation, association, partnership or any other entity shall operate a short-term rental establishment in any zone without first having obtained a special use permit from the reviewing body.

Permit regulations. A special use permit for an STR operation shall be valid on a one-year nontransferable, renewable basis. No STR establishment shall operate at any time in violation of the provisions of this zoning code or the New York State Uniform Fire Prevention and Building Code.

Application requirements. In addition to the special use permit and site plan review requirements of this chapter, applications for an STR shall also include the following:

Operational requirements.

Occupancy.

Inspections. The CEO shall make inspections prior to the issuance of a special use permit to determine the condition of an STR and ensure compliance with this chapter and other applicable laws. For the purpose of making inspections, the CEO or CEO's representative may enter, examine and survey, at all times, all buildings, dwelling units, guest rooms and premises on presentation of the proper credentials. The owner of an establishment, or the person in charge, shall give the CEO free access to the building.

Penalties for offenses.

Applicability. The provisions of this article shall be subject to, and shall incorporate therein, to the extent such provisions do not conflict, the provisions of CHAPTER XXI of the Niagara County Code of Niagara County, NY.

General requirements. Solar energy systems may be permitted as an accessory use, provided they conform to the following:

Roof-mounted or building integrated solar energy systems. Roof-mounted or building integrated solar energy systems are permitted on any building, provided such system does not exceed a 10 KW rated capacity.

Ground-mounted solar energy systems. Ground-mounted solar energy systems may be permitted, subject to the following conditions:

Be accessory to a principal use and erected only on the same lot as the principal structure.

Be erected only in the rear yard of such structure and shall be distant not less than five feet from the rear lot line nor less than five feet from any side yard, principal structure or accessory structure attached thereto.

Not adversely affect the character of any residential neighborhood.

Include appropriate fencing or other enclosure as required by New York State Uniform Fire Prevention and Building Codes.

Legislative intent. The City of Lockport recognizes the increased demand for wireless communications-transmitting facilities and the public and private demand for the services that they provide. Often, these facilities require the construction and maintenance of communication facilities, towers, and accessory support structures. The bulk and visual impact of such installations creates aesthetic problems making it appropriate to have some special conditions as to the size and placement thereof. The intent of this section is to protect the City of Lockport's interest in maintaining its character by properly siting towers and related facilities in a manner consistent with sound land use planning while also allowing wireless providers to competitively meet their technological and service objectives.

Site plan review required. The erection, modification, or alteration of telecommunication facilities shall require site plan approval in accordance with the provisions of Article 42.

Exemptions. The following are exempt from the application of this section:

Application requirements. In addition to the requirements of special use permit and site plan applications, applications for telecommunications facilities shall include:

Government services.

Co-location. At all times, the shared use of existing telecommunications facilities shall be preferred to the construction of new towers. In the case of proposed new telecommunications towers, the applicant shall be required to submit documentation demonstrating good faith efforts to secure co-location from owners of existing telecommunications towers as well as documenting capacity for future shared use of the proposed tower.

Height. The maximum height for telecommunications towers permitted under this section, whether freestanding or erected on or attached to an existing structure (such as a water tower or silo), and including any antennas, extensions or other devices extending above the structure of the tower measured from the ground surface immediately surrounding the location of the tower or the structure on which it is located, shall not exceed 150 feet.

Setbacks. Telecommunications facilities shall comply with all existing setbacks within the affected zone. Additional setbacks may be required by the reviewing body to substantially contain on-site icefall or debris from tower failure and/or to preserve privacy of adjoining residential or public property. Setbacks shall apply to all tower parts, including guy wire anchors, and to any accessory facilities. All towers and antennas shall maintain a minimum setback equal to the height of the tower (and any antenna or other fixtures affixed to the top of the tower) plus 25 feet unless sufficient engineering detail shall be provided to warrant a lesser setback.

Aesthetics. In order to minimize any adverse aesthetic effect on neighboring properties to the extent possible, the reviewing body may impose reasonable conditions on the applicant, including the following:

Existing vegetation. Existing on-site trees and vegetation shall be preserved to the maximum extent possible, and no cutting of trees exceeding four inches in diameter (measured at a height of four feet off the ground) shall take place prior to approval.

Screening. Deciduous or evergreen tree plantings may be required to screen portions of the telecommunications facility from nearby residential property as well as from public sites known to include important views or vistas. Where the site abuts residential or public property, including streets, the following vegetation screening shall be required. For all telecommunication facilities, at least one row of native evergreen shrubs or trees capable of forming a continuous hedge at least 10 feet in height within two years of planting shall be provided to effectively screen the tower base and accessory facilities or structures. In the case of poor soil conditions, planting may be required on soil berms to assure plant survival. Plant height in these cases shall include the height of any berm.

Access and safety.

Fencing. All telecommunications facilities, including any guy anchors, if applicable, shall be enclosed by a fence not less than eight feet in height or otherwise sufficiently protected from trespassing or vandalism as approved by the reviewing body.

Structural safety. Any tower shall be designed, erected and maintained in such manner that it meets or exceeds all applicable federal, state and industry structural design and safety standards and requirements, including but not limited to any such standards and requirements as relate to loads, windshear and ice. Any icefall or debris from tower failure shall be contained on the site. At intervals of not more than once in any three-year period, the reviewing body may make written request to the applicant that it provide a structural analysis and certification from a qualified licensed engineer certifying that the tower, as constructed and maintained, complies with the foregoing requirements or, in the event that it does not comply, specifying the repairs or maintenance recommended in order to result in compliance. If any repairs or maintenance is recommended, then such analysis and report shall be accompanied by a letter from the tower owner or operator setting forth a reasonable schedule for the performance of such repairs or maintenance. Upon completion of such repairs or maintenance, certification shall be submitted from a qualified licensed engineer certifying that such repairs or maintenance have been satisfactorily performed and that the tower is in compliance with the foregoing requirements.

Radio frequency effects. Radio emissions from any telecommunications facility shall conform to applicable Federal Communications Commission (FCC) regulations on emissions, and telecommunications facilities shall be operated only at FCC designated frequencies and power levels.

Insurance. Prior to the issuance of any building permit, and on a yearly basis thereafter, the owner or operator shall submit evidence that liability and property damage insurance is in effect covering any injury or damage which may result from tower failure or any other condition or hazard relating to the construction or maintenance of the tower.

Lease agreements. In the event that an applicant intends to site any telecommunications facility pursuant to a lease or occupancy or use agreement of any type, a copy of such lease or agreement shall be submitted with the application. Copies of any modification, renewal, extension or termination of such lease or agreement shall be submitted within 30 days of execution.

Maintenance. The applicant shall submit, as part of its application, a detailed cost analysis and estimate of annual costs associated with the maintenance of any proposed telecommunications facility, access road or driveway and all other improvements as depicted upon the site plan. Such estimates shall be reviewed by the City's Director of Engineering, and upon establishment of the annual costs of such maintenance, the applicant shall post a letter of credit or other financial security acceptable to the reviewing body so as to assure the performance of such annual maintenance services.

Removal. The applicant shall agree to remove the tower, antenna, and/or telecommunications facility if said tower, antenna or telecommunications facility becomes obsolete or ceases to be used for its intended purpose for 12 consecutive months. The reviewing body shall require the applicant to provide a demolition bond (the "bond") acceptable to the body and the City Attorney to assure appropriate removal of the telecommunications facility, antenna, and/or tower in case the applicant fails to do so as required, in the amount and for the term deemed appropriate by the reviewing body. If requested in writing by the reviewing body, the amount of said bond will be adjusted, no more frequently than once every five years, to reflect current removal costs.

A curbed landscaped area shall be maintained at least three feet in depth along all street frontage space not used as driveway. The required landscaping and screening treatments shall be determined through site plan review.

No more than two access drives shall be permitted on any one street.

Access drives shall not be closer to any street right-of-way intersection than 60 feet.

No access drive shall be within 200 feet of and on the same side of the street as a school, public library, theater, church, or other public gathering place, park, playground or fire station unless a street 50 feet or more wide lies between such service station and such building or use.

No repair work or automobile maintenance is to be performed outside a building.

No vehicle sales, service, or repair operation shall be used for auto wrecking.

The storage of automobile parts, and wrecked, partially dismantled, junked, or unlicensed vehicles shall be within an enclosed structure or in the rear yard where not visible from the public right of way or adjacent properties.

Wineries, breweries, and distilleries located in the MU-D District shall include a retail sales and/or tasting room space that is open to the public to maintain an active storefront.

When adjacent to residential uses or districts, such uses shall be buffered to minimize visual and auditory impacts in a method approved during site plan review. Such buffering may include but is not limited to landscaping, screening, and fencing.

All such uses dealing with the importation, manufacture, distribution, or sale of alcohol shall obtain a license as required by the New York State Liquor Authority and operate in accordance with the regulations therein.

Bars and tasting rooms shall include a minimum food preparation area and menu that satisfies the New York State Liquor Authority's minimum food requirement.

A waste management plan shall be required to provide for proper upkeep of the site and disposal of refuse. All refuse containers shall be located in the rear yard and maintain a setback of at least five feet from all property lines.

Where the provision of on-site refuse containers is infeasible, a shared waste management agreement may be established between adjacent uses.

Availability of adjacent vacant land. No structure shall be erected on any nonconforming lot if the owner of said lot owns any adjoining vacant land which would create a conforming lot if said vacant land were combined with the lot deficient in area.

Side yards. No structure shall be constructed unless it has a minimum side yard of three feet.

Front and rear yards. No structure shall be constructed unless it has front and rear yards conforming to the minimums required for the residential district in which said lot is located.

General application. No building or structure shall have a greater number of stories, nor have an aggregate height of a greater number of feet than is permitted in the district in which such building or structure is located, except as noted elsewhere in this chapter.

Permitted exceptions. The stated maximum height shall not apply to any of the following structures when lawfully existing, permitted, or permissible in the district, provided that the structure does not exceed maximum height restrictions by more than 25% and is not used as a place of habitation.

Satellite antennas. No satellite-receiving television antenna shall be erected or constructed, except in conformance with the following regulations.

Open area. Every part of a required yard must be open to the sky, unobstructed except for accessory buildings in a rear or side yard, and except for the ordinary projection of open porches, balconies, steps, sills, belt courses, cornices and for ornamental features projecting not to exceed 18 inches.

Projections. Open or lattice fire escapes, required by law, projecting into a yard not more than five feet, and the ordinary projection of chimneys and pilasters, shall be permitted when placed not to obstruct light and ventilation.

At all street intersections, no obstruction to vision (other than an existing building, post, column, or tree) exceeding three feet in height above the established grade of the street at curb line shall be erected or maintained on any lot within the clear sight triangle.

The clear sight triangle shall be defined by the triangle formed by the curb lines of the intersecting streets measured 15 feet outward from the point of intersection of said curb lines along such curb lines. This shall only apply to intersections where a building does not occupy this space. See Figure 25-1.

Structures and objects measuring no more than 18 inches in width or diameter shall be exempt from this provision. This exemption may include structures and objects exceeding three feet in height above the established grade, provided the width or diameter of the structure below the height limitation does not exceed 18 inches.