In all zones, the following uses are not permitted: junkyards; machinery wrecking yards; landfills, smelters; blast furnaces; slaughterhouses; rendering plants; hide tanning or curing plants; manufacturing or processing of fertilizer, bone, rubber, asphalt, ammonia, or chlorine; manufacture or refining of petroleum, gas, or explosives; bulk storage of explosives; dumps.

A municipally operated sanitary landfill is exempt from this section.

Pursuant to New York State Executive Law Article 21-B, Title 2, a manufactured home that is affixed to a permanent foundation and conforms with the identical development specifications and standards, including general aesthetics and architectural standards, applicable to conventional site-built one-family dwellings in the district in which the manufactured home is to be sited and upon compliance with such standards will be a one-family dwelling for all areas within the Village when such residences are to be permitted.

Without being in compliance with the requirements contained in Subsection A as noted above, the manufactured home is only allowable within a manufactured home park as established pursuant to § 201-530 of this chapter.

Within any manufactured home sales lot that is otherwise duly permitted to offer manufactured homes for sale to the public.

All manufactured homes shall be in compliance with standards equal to or more stringent than the U.S. Department of Housing and Urban Development (HUD) Manufactured Mobile Home Construction and Safety Standards, 24 CFR 3280 (1976). The applicant is responsible for providing adequate evidence that these standards have been complied with. The presence of a permanent certification label affixed to the mobile home by the manufacturer stating that the home is in compliance with such standards shall be presumptive evidence that the construction of a manufactured home is in compliance with such standards.

Manufactured homes may be permitted in any zone of the Village in which residential homes are permitted as long as such manufactured home is affixed to a permanent foundation and otherwise conforms with the requirements for residential developments within the lot in question. In other words, the manufactured home must be affixed to a permanent foundation and conform with the identical development specifications and standards, including general aesthetic and architectural standards, applicable to conventional site-built one-family dwellings in the district in which the manufactured home is being proposed.

Manufactured home parks shall be at least five acres in area and shall provide for individual manufactured home sites, access driveways and parking.

Each manufactured home site shall be at least 9,000 square feet in area, and at least 70 feet wide by at least 125 feet in depth, and shall front onto an access driveway.

All access driveways within a manufactured home park must have a gravel surface at least 20 feet wide and 12 inches in depth of compacted gravel.

Each manufactured home site shall have a water supply source approved by the New York State Department of Health.

Each manufactured home site shall have a sewage disposal system in compliance with State Department of Health regulations.

No manufactured home site or service building shall be closer to a public street line than 50 feet, nor closer to a property line than 30 feet.

A buffer strip at least 25 feet wide shall be maintained as a landscaped area abutting all manufactured home park property lines.

No additions shall be made to a manufactured home except a canopy and/or porch open on three sides, or an addition made by the manufactured home manufacturer.

The Village of Lowville plans to utilize accessory dwelling units as a progressive means to address the housing shortage. Accessory dwelling units may be permissible when conditions match the intent and standards outlined in this section.

Accessory dwelling unit terminology.

Types of ADUs:

Accessory dwelling unit standards. ADUs shall comply with the following developmental standards:

Accessory apartment specific standards. An Accessory Apartment may be allowed within a principal structure with a zoning permit issued by the zoning officer upon satisfactory site plans that comply with the definition of accessory dwelling unit, building codes, and the remainder of § 201-535.

Accessory cottage specific standards. An accessory cottage must be either a new construction or utilization of an existing detached structure from the principal structure and, upon issuance of a special use permit, meet the following additional standards:

Accessory uses and structures shall be allowed on the premises of any principal use in any zone.

The establishment or change of an accessory use or structure which is incidental to a use requiring a site plan review pursuant to this chapter shall likewise require a site plan review.

The establishment or change of an accessory use or structure which is incidental to a use requiring a special use permit pursuant to this chapter shall likewise require a special use permit.

When an accessory building is attached to a principal building, it shall comply in all respects with the requirements of this chapter and the chapter(s) applicable to the principal building.

Detached accessory buildings and all other structures shall comply with the following:

All home-based businesses shall be subject to the following standards:

Child day-care centers and repair garage operations shall not be conducted as home-based businesses.

Any home-based business activity exceeding the standards and criteria above shall be classified using the respective proposed use and shall be subject to the level of review specified for the corresponding zone based on the site location and proposed use in Schedule A.[1]

Drive-thru uses shall be allowed only in VC, NC-2, and AC Zones upon approval of a special use permit. The Planning Board shall issue such permit only upon compliance with the requirements of this section.

Drive-thru uses shall be allowed only in areas where vehicular traffic will not interfere with, or be detrimental to, the safety, comfort, and convenience of nearby residences, businesses, public or semipublic uses, and pedestrian ways.

Drive-thru uses shall be designed so that no vehicular traffic shall need to queue for services on public streets or sidewalks. Facilities with drive-up service bays or windows shall have a minimum of five waiting spaces for each drive-up lane. Each waiting space shall be at least 20 feet in length. Where multiple drive-up windows exist, there shall be one additional waiting space which shall be in a common lane. These standards may be modified where the Planning Board deems necessary.

All mobility access ramps shall require a zoning permit.

Mobility access ramps shall adhere to a minimum three-foot setback from sidewalks to allow safe travel by sidewalk users. Mobility access ramps shall not encroach and cause obstructions along sidewalks.

Mobility access ramps shall have minimum rear and side setbacks of five feet.

If the setbacks mentioned above cannot be met, a variance must be pursued with the Zoning Board of Appeals.

All motor vehicle parts and dismantled vehicles are to be stored within an enclosed building, and no repair work is to be performed outside of a building.

There shall be no more than two access driveways from the street. The maximum width of each access driveway shall be 30 feet.

The Planning Board may require a suitably curbed landscaped area complying with this chapter to be maintained at least five feet in depth along all street frontage not used as a driveway.

In addition to the requirements stated in § 201-580, 201-1060, and 201-1070 respectively, the Planning Board may waive or modify these requirements as it sees fit on a case-by-case basis.

Outlets shall not be located within 300 feet of any lot occupied by a school, hospital, library or religious institution. Measurements shall be made between the nearest respective lot lines.

Lot size shall be 20,000 square feet, minimum.

Lot frontage shall be 150 feet, minimum.

Lot depth shall be 125 feet, minimum.

Pumps, lubricating and other service devices shall be located a minimum of 14 feet from the front lot line and a minimum of 50 feet from side and rear lot lines.

All fuel and oil shall be stored a minimum of 35 feet from any property line.

No signs shall extend beyond the pumps, nor exceed 15 feet in height.

There shall be no more than two access driveways from the street. The maximum width of each access driveway shall be 30 feet.

A suitably curbed landscaped area complying with this chapter to be maintained at least five feet in depth along all street frontage not used as a driveway is required.

In addition to the requirements stated in § 201-580, 201-1060, and 201-1070 respectively, the Planning Board may waive or modify the requirements stated in Subsection I as it sees fit on a case-by-case basis.

The facility shall be surrounded by an opaque security fence to keep intruders out.

A buffered area complying with Article X of this chapter, at least 15 feet wide (depth), shall be maintained surrounding the exterior of the security fence of the facility to provide a visual and noise buffer.

The facility shall be designed and located such that any noise generated shall not interfere with the comfort and convenience of residents living in the vicinity.

Essential facilities shall not be considered an accessory use even if located on a lot with an existing principal use; more than one principal use may be permitted in this instance.

No accessory structure, fence, wall, or hedge shall be erected in such a manner as to confuse or obstruct the views of any traffic sign, signal, or device, or obstruct the visibility of vehicles entering or exiting roadways.

On a corner lot, nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede vision between a height of two feet and 10 feet above the road surface, grades of two intersecting streets, in the area bounded by the street lines of such corner lot and a line joining points along said street lines 20 feet from the point of the intersection.

No person being the owner or occupant of lands and premises shall construct, use or maintain a fence or hedge at a height of more than eight feet, including any portions of the supporting structure such as, but not limited to, fence posts. No person being the owner or occupant of lands and premises shall construct, use or maintain a fence along the street line, sidewalk or grounds if located within 20 feet from the intersection of two street lines, or so as to interfere with the view of traffic approaching the intersection within a distance of 75 feet measured along the center line of each street from the intersection of such center line.

It is recommended that all perimeter fences be set back at least two feet from property lines to allow for maintenance of the structure, all disputes will be handled by the Village.

All hedges shall be planted at least four feet from property lines and shall be maintained and trimmed a minimum of two feet from the property line. This additional space is required due to the anticipated growth of the hedge.

All fences shall be constructed of vinyl, wood, composite, picket, iron or hedge. The finished side of all fences shall face neighboring properties.

All fences and or hedges require compliance with § 201-580, Line of sight for traffic safety.

Any nonconforming hedges shall be rectified to comply with the provisions of this section within 12 months from the amendment's filing date according to the Department of State. Compliance will only be enforced in situations with a documented line of sight and or public safety concerns and will be enforced by the Village DPW Superintendent as deemed appropriate.

Security fence/security barriers for essential facilities, industrial uses, and solar energy systems do not have to comply with the height restriction or construction materials outlined within this section.

Adult entertainment uses may be a conditionally permitted use subject to special use permit approval.

Such uses may not be located within 2,500 feet, measured property line to property line, from a school (public or private), library, family day-care home, child-care facility, youth center, community center, recreational facility, park, church or religious institution, hospital, or other similar uses where children (under 18 years of age) regularly gather.

Only one adult entertainment establishment is allowed at a time per 3,000 Village residents.

No such use may be located on a New York State highway.

Such uses shall not be located within 500 feet of any residential use or zone.

Only one sign shall be permitted and visible from the exterior of a building that is occupied by an adult entertainment use, and such sign shall be no larger than four square feet and must be attached to the building and not on its roof. Such a sign shall not consist of any material other than plain lettering. No sign shall have any photographic or artistic representation whatsoever thereon.

No off-site advertising signage shall be allowed.

All building openings, entries, windows, doors, etc., shall be located, covered and screened in such a manner as to prevent a view into the interior from the outside of the premises. Windows shall be of opaque glass.

Adult uses shall be fully screened from all residential properties by fencing or hedges at least eight feet in height.

Outdoor lighting shall be limited to a light by the entrance and a shielded light on the structure. No colored lights or electronic message boards are allowed.

Notwithstanding any other provision of this chapter to the contrary, smoke shops and tobacco stores shall be a conditionally permitted use only in the following zone, subject to the regulations contained in this chapter: AC - Auto Commercial Zone.

All smoke shops and/or tobacco stores wishing to operate within the above zone after the effective date of this chapter must obtain a special use permit.

Additional zoning and land use standards for smoke shops and/or tobacco stores shall be as follows:

General intent. It is the purpose of this section to promote the health, safety and general welfare of the inhabitants of the Village of Lowville by the more effective regulation of recreational vehicles and campers.

Definitions. As used in this section, the following terms shall have the meanings indicated:

Standards.

Prohibition.

Shared use.

Setbacks. Towers and antennas shall not exceed a height twice their distance from the lot line. Additional setbacks may be required to contain icefall or debris from tower failure on-site, and/or to preserve the privacy of adjoining residential and public areas. The normal setbacks for the district shall apply to all ancillary tower parts, including guy wire anchors and accessory facilities.

General aesthetics.

Lighting/visibility.

Tower design. Whenever feasible, tower construction shall be of a "monopole" design. All towers shall be fitted with anti-climb devices. Towers shall be designed to provide colocation by at least three providers or designed so that they can be retrofitted to accommodate at least three providers unless such colocation is not feasible as demonstrated by competent engineering or technical proof.

Signs.

Vegetation. Existing on-site 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. Clearcutting of all trees in a single contiguous area exceeding 20,000 square feet shall be prohibited.

Screening. Deciduous or evergreen tree plantings may be required to screen portions of the tower from nearby residential property as well as from public sites known to include important views or vistas. Where the site abuts residential or public areas, including roads, the following vegetative screening shall be required:

Security barrier. The base of any tower and anchors on guyed towers shall be surrounded by a security barrier. Such a barrier shall enclose the base of the tower as well as any and all accessory equipment and structures for safety and security purposes. The site shall be provided with security measures such as fencing, anti-climbing devices, electronic monitoring, or other methods sufficient to prevent unauthorized entry and vandalism. Fencing shall include a locking security gate and be no shorter than eight feet in height.

Access and parking. A road, driveway, and parking area will be provided to ensure adequate emergency service access. Maximum use of existing roads, public or private, shall be made. Road construction shall be consistent with standards for private roads and shall at all times minimize ground disturbance and vegetation cutting to within the toe of fill, the top of cuts, or no more than 10 feet beyond the edge of any pavement. Road grades shall closely follow natural contours to ensure minimal visual disturbance and reduce soil erosion potential.

Utility and system connections. All utility connections shall be installed beneath the ground surface, when practical. Where technologically feasible, connections between telecommunications towers and the system of which they are a part shall be made by use of land line cable rather than parabolic or dish antennas. When such antenna links are technologically necessary, they shall be located, painted and otherwise situated so as to minimize visual impacts. In no case shall the diameter of such an antenna exceed six feet.

Financial security for demolition.

Inspection.

Radiation emission certification. The owner/operator shall submit certification following applicable regulations (every 3-5 years depending on the type), signed by a New York State licensed professional engineer, verifying that such facility is in compliance with all applicable Federal, State and local radio frequency radiation emission standards. Such annual certification shall be delivered to the Zoning Officer and Village Clerk no later than December 31 of the respective calendar year. This requirement shall be considered an implied condition to any zoning permit, special use permit and/or use variance granted for the facility, and noncompliance may be a reason for permit revocation.

Environmental standards.

Maintenance. All facilities shall be maintained in good order and repair. Routine maintenance and repair shall be conducted between the hours of 7:00 a.m. and 7:00 p.m., Monday through Friday, except for emergency repairs which may be undertaken at any time with immediate notice to the Village Clerk and Zoning Officer.

Decommissioning plan. Applicants will be required to provide a decommissioning plan for any telecommunication tower to ensure the proper removal of such. Compliance with this plan shall be made a condition of the issuance of the special use permit approval under this section. The decommissioning plan must specify that after the facility can no longer be used, it shall be removed and disposed of by the applicant or any subsequent owner/operators in a lawful and environmentally proper manner. The decommissioning plan shall demonstrate how the removal of all infrastructure, access roads, fencing, signage and the remediation of soil and vegetation shall be conducted to return the parcel to the original state prior to development. The plan shall also provide a detailed expected timeline for execution. A cost estimate detailing the projected cost of executing the decommissioning plan shall be prepared by a professional engineer licensed to practice in New York State.

Abandonment or discontinuation of use.

Miscellaneous.