Lowville Town City Zoning Code
ARTICLE VI
General Regulations
§ 250-25 Yards on corner lots.
Any yard adjoining a road shall be considered a front yard for the purposes of this chapter. Only one front yard is required to comply with the minimum depth requirement; all other front yards shall either equal the minimum or be at least 25 feet in depth, whichever is less.
§ 250-26 Multiple-family dwelling units below grade.
The finished floor level of all habitable rooms in every multiple-family dwelling shall be not more than one foot below finished grade level, measured at a point 10 feet outside and at right angles to each window lighting each habitable room.
§ 250-27 On-site sewage disposal.
A.
On-site sewage disposal systems shall comply with the specifications and standards set forth in Appendix 75-A of Title 10 NYCRR Part 75, entitled "Wastewater Treatment Standards-Residential Onsite Systems."[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B.
Only sewage may be discharged into on-site sewage disposal systems. Surface and subsurface water, including roof, cellar, foundation, and storm drainage shall be excluded from such systems and shall be disposed of so as not to affect the system.
C.
No leaching facility shall be located under driveways, roads, parking areas or areas subject to heavy loading unless approved by the Zoning Officer.
§ 250-28 Stormwater and erosion control.
All uses and structures shall comply with the provisions of the Town of Lowville Stormwater and Erosion Control Law, Local Law No. 3 of 1993, as subsequently amended.[1]
[1]
Editor's Note: See Ch. 198, Stormwater Management and Erosion Control.
§ 250-29 Development in floodplains.
All uses and structures shall comply with the provisions of the Town of Lowville Flood Damage Prevention Law, Local Law No. 3 of 1987, as subsequently amended.[1]
[1]
Editor's Note: See Ch. 124, Flood Damage Prevention.
§ 250-30 Performance standards.
A.
Uses are not permitted which exceed New York State regulations or any of the following performance standards measured at the individual property line:
(1)
Emit noise in excess of 70 decibels.
(2)
Emit any odor which is considered offensive.
(3)
Emit dust or dirt which is considered offensive.
(4)
Emit any smoke, in excess of Ringlemann Chart No. 2.
(5)
Emit any noxious gases which endanger the health, comfort, safety or welfare of any person, or which have the tendency to cause injury or damage to property, business or vegetation.
(6)
Cause, as a result of normal operations, a vibration which creates displacement of 0.003 of one inch.
(7)
Lighting or signs which create glare, which could impair the vision of a driver of any motor vehicle.
(8)
Cause a fire, explosion or safety hazard.
(9)
Cause harmful wastes to be discharged into the sewer system, streams or other bodies of water.
(10)
Cause interference to normal radio or television reception.
B.
These restrictions shall not apply to lands within county agricultural districts if they would unreasonably restrict or regulate farm structures or farm practices in contravention to the purposes of the New York State Agricultural District Law (Agricultural and Markets Law Article 25-AA), as amended. Such restrictions shall apply, however, if they bear a direct relationship to the public health or safety.
§ 250-31 Property maintenance and unsafe structures.
[Added 12-29-2011 by L.L. No. 6-2012]
A.
Legislative intent:
(1)
The purpose of this section is to provide for a sanitary and hazard-free environment for the citizens of the Town of Lowville. This type of environment is declared to be of vital importance to the health, welfare and safety of the citizens of the Town of Lowville as is the safeguarding of their material rights against unwarranted invasion and the protection of the public health. Such an enforcement is deemed essential to the maintenance and continued development of the economy of the Town of Lowville and the general welfare of its citizens. Therefore, recognizing the above and the need of the community for an effective and well regulated procedure for the disposal of garbage and rubbish, and for the maintenance of residential and commercial premises, whether improved or vacant, the Town Board does hereby enact this section.
(2)
Further, unsafe buildings pose a threat to life and property in the Town of Lowville. Buildings and structures may become unsafe by reason of damage by fire, the elements, age or general deterioration. Vacant buildings not properly secured at doorways and windows also serve as an attractive nuisance for young children who may be injured therein, as well as point of congregation by vagrants and transients. A dilapidated building may also serve as a place of rodent infestation, thereby creating a health menace to the community. It is the purpose of this section to provide for the safety, health protection and general welfare of persons and property in the Town of Lowville by requiring that such unsafe buildings be repaired demolished and removed.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(3)
In addition to the following, the Town of Lowville will strictly enforce the Uniform Fire Prevention and Building Code, including but not limited to the Property Maintenance Code of the State of New York.
B.
Definitions. See § 250-8.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C.
General requirements. All residential and commercial premises located within the Town of Lowville, whether improved or vacant, shall be maintained in conformity with the provisions of this section.
D.
Applicability. The provisions of this section shall supplement all local laws, ordinances, codes or requirements exiting in the Town of Lowville and the other statutes and regulations of municipal authorities having jurisdiction applicable thereto. Where a provision of this section is found to be in conflict with any provision of any existing local law, ordinance or regulation, the provisions or requirement which is more restrictive or which establishes the higher standard shall prevail.
E.
Open areas and parking spaces.
(1)
Surface or subsurface water shall be appropriately drained to protect buildings and structures and to prevent the development of stagnant ponds. Gutters, culverts, catch basins, drain inlets, stormwater sewers or other satisfactory drainage systems shall be utilized where necessary. No roof, surface or sanitary drainage shall create a structural, safety or health hazard by reason of construction, maintenance or manner of discharge.
(2)
Fences and other minor construction shall be maintained in a safe and substantial condition. This section shall not apply to fences used strictly for agricultural purposes.
(3)
Steps, walks, driveways, parking spaces and similar paved areas shall be maintained so as to afford safe passage under normal use and weather conditions. Any holes or other hazards that may exist shall be filled, and necessary repairs or replacement carried out.
(4)
Yards and vacant lots shall be kept clean and free of physical hazards, rodent harborage and infestation. They shall be maintained in a manner that will prevent dust or other particles from being blown about the neighborhood. Open wells, cesspools or cisterns shall be securely closed or barricaded from access to the public.
F.
Business units. No outside storage or accumulation of garbage, crates, rubbish, refuse or debris shall be permitted at any time, and all such garbage, crates, rubbish, refuse or debris shall be kept inside the building or buildings on the premises or in an acceptable enclosure and shall be regularly collected and removed from the premises.
G.
Infestation and screen.
(1)
Grounds, buildings and structures within the Town of Lowville shall be maintained free of insects, vermin and rodent harborage and infestation. Methods used for exterminating insects, vermin and rodents shall conform with generally accepted standards.
(2)
Where the potential for rodent or vermin infestation exists, windows and other openings in basements and cellars shall be appropriately screened with wire mesh or other suitable materials.
H.
Littering.
(1)
Residential and business premises within the Town of Lowville, whether improved or vacant, shall be maintained free of litter; provided, however, that this section shall not prohibit the storage of litter for a reasonable period of time in authorized private receptacles for collections.
(2)
Adequate sanitary facilities and methods shall be used for the collection, storage, handling, disposal or garbage and refuse in accordance with the provisions of applicable codes.
(3)
It shall be unlawful for any person to throw, spill, place, deposit, leave or cause to be thrown, spilled, placed, deposited or left, or permit any agent, servant or employee to throw, spill, place, deposit or leave, in or upon any street, highway, alley, sidewalk, park or public building or in any running water or body of water within the Town of Lowville any garbage, refuse, rubbish, waste material or litter or filth, including but not limited to sewage, excrement, slops, dead carcasses, compost, ashes, soot or any material subject to be carried by the wind or unwholesome or putrescible matter of any kind.
I.
Outdoor deposit or storage of waste and abandoned appliances.
(1)
It shall be unlawful for any person, as owner, occupant, lessee, agent or in any capacity, to store, deposit, place, maintain or cause or permit to be stored, deposited, placed or maintained outdoors any abandoned, junked, discharged, wholly or partially dismantled or unlicensed motor vehicles or vehicle, motorized equipment, appliance, rubbish or debris as defined in this chapter upon private property within the corporate limits of the Town of Lowville.
(2)
No appliance may be discarded, abandoned or stored in a place accessible to children without first completely removing any locking device and all doors.
J.
Cutting and removal. It shall be unlawful for any owner, lessee or occupant, or any agent, servant, representative or employee or any such owner, lessee or occupant, having control of any occupied or unoccupied yard or any part thereof, in the Town of Lowville to permit or maintain on any such street, road, highway or alley adjacent to same between the property line and the curb or middle of the alley, or for 10 feet outside the property line if there be no curb, any growth of weeds, grass or other rank vegetation to a greater height than 10 inches on the average, or any accumulation of dead weed, grass or brush. Farmland and open or wooded land are not required to be mowed.
K.
Maintenance of property.
(1)
It shall be unlawful for any person, as owner, lessee, agent, tenant or otherwise, to throw, cast, spill or otherwise deposit or cause or permit to be thrown, cast, spilled or deposited any litter, rubbish and refuse, garbage, manure, offal or other decomposable organic or putrescible matter in or about any land or lot, vacant or otherwise, within the Town of Lowville.
(2)
Nothing in this section shall be construed to prohibit the temporary storage of garbage, refuse and waste material awaiting removal, provided that such storage is accomplished by way of tightly covered containers or cans wherever practicable, nor shall this section be construed as prohibiting the depositing of manure or fertilizers upon any private property for the purpose of cultivating or improving the same.
L.
Storage. It is unlawful to store an unlicensed, wrecked, abandoned or dismantled motor vehicle outdoors on any premises with the exception of two vehicles which are ready and advertised for sale. These vehicles shall not obstruct the view of the roadway and cause a potential health and safety issue. All motorized vehicles or equipment must be stored in a garage or other structure with the exception of the above.
M.
Commercial vehicles. All vehicle(s) must be parked off road and cannot obstruct the view of the roadway and cause a potential health and safety issue.
N.
Signs for residential purposes. Please refer to Chapter 250, Article VII, for further information regarding signage.
(1)
Signs in districts other than commercial districts are limited to election signs, garage sale signs, building or lot for sale or rent signs, signs for roadside stands for sale of produce grown on the premises, and signs for home occupations. Garage sale and realtor signs are restricted to one sign of six square feet or less.
(2)
Signs may not be attached to fences, trees, or utility poles; placed in the right-of-way (generally 20 feet from the edge of the roadway); placed to impair or obstruct the vision of motorists; placed off the premises to which the sign refers.
(3)
Garage sale and other temporary signs must be removed within 48 hours of the end of the event.
O.
Building address numbers.
(1)
Building numbers allow emergency vehicles to locate a dwelling quickly, and serve as well for the convenience of those attempting to locate a building in a nonemergency situation.
(2)
Address numbers must be securely mounted to a building's front wall, entryway from a public street, road or main path leading to the main entrance from a public street or road. Arabic numerals or alphabet letters must be utilized; numerals must be at least four inches in height, with a minimum stroke width of 0.5 inch, and of contrasting color; numerals must be between four feet and 10 feet above grade; be clearly visibly from a street or road.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
P.
Duties of owners, occupants or tenants.
(1)
An occupant or tenant of the premises shall be responsible for compliance with this section as if they were an owner.
(2)
Owners of premises shall be responsible for compliance with the provisions of this section and shall remain responsible therefor regardless of the fact that this section may also place certain responsibilities on tenants or occupants and regardless of any agreements between owners and tenants or occupants as to which party shall assume such responsibility.
(3)
Whenever any person or persons shall be in actual possession of, or have charge, care or control of any property within the Town of Lowville as executor, administrator, trustee, guardian, operator or agent, such person shall be deemed and taken to be the owner or owners of said property within the true intent and meaning of this section and shall be bound to comply with the provision of this section to the same extent as the record owner; and notice to any such person of any order or decision of the Code Enforcement Officer shall be deemed and taken to be a good and sufficient notice, as if such person or persons were actually the record owner or owners of such property. In instances where an occupant is responsible or shares responsibility with the owner for the existence of one or more violations of this section, said occupant shall be deemed and taken to be an owner within the true intent and meaning of this section.
Q.
Inspections.
(1)
The Code Enforcement Officer of the Town of Lowville as designated by the Town Board of such Town shall have authority, as specified herein, to inspect all premises within the Town of Lowville to enforce the provisions of this section.
(2)
Whenever it shall appear that the provisions of this section are being violated, the inspector, shall, except upon plain view where no entry is necessary, secure approval from an owner, lessee, agent, tenant, or other person with authority to make an inspection of the property and shall prepare a written report of the condition found.
R.
Notice of violation.
(1)
If the condition existing on property violates the provisions of this section, the enforcement officer shall serve or cause to be served a written notice, by certified mail or personal service, upon the owner, lessee, agent, tenant or other person with authority over said premises.
(2)
Said notice shall contain substantially the following: the name of the owner, lessee, agent, tenant or other person with authority over the premises; the identification of the premises as the same appears on the current assessment roll of the Town; a statement of the condition of the premises as found on the inspection; a demand to maintain property and/or that the motor vehicle, motorized equipment, litter, appliance, rubbish, refuse or debris be removed from the premises on or before five days after the mailing or service of such notice.
(3)
That upon the failure of the owner, lessee, agent, tenant or other person with authority over the premises to correct the violation after receipt of the five-day notice, the enforcement officer shall file a complaint with the Town of Lowville Justice Court. In addition to the above-provided penalties, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or restrain by injunction the violation of any subsection of this section.[4]
[4]
Editor's Note: Original § 226-30S of the 1994 Code, Penalties, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
S.
Failure to comply; work done by Town. In the event of the failure, refusal or neglect of the person so notified to comply with said order of the Town Board or Town Court and after the hearing, the Town Board shall provide for the removal of any such materials either by Town employees or by contract.
T.
Emergency cases. Where it reasonably appears that there is present a clear and imminent danger to the life, safety or health of any person or property, unless an unsafe building is immediately repaired and secured or demolished, the Town Board may by resolution authorize the Building Inspector to immediately cause the repair or demolition of such unsafe building. The expenses of such repair or demolition shall be a charge against the land on which it is located and shall be assessed, levied and collected as provided in this section.
U.
Levy and collection of Town's expenses. All expenses incurred by the Town in connection with the proceedings to collect and dispose of any materials shall be assessed against the land on which such materials are located and shall be levied and collected in the same manner as provided in Article 15 of the Town Law for the levy and collection of a special ad valorem levy.
§ 250-32 Uses not permitted.
A.
The following uses are prohibited except in industrial districts upon issuance of a special permit by the Planning Board: junkyards; machinery wrecking yards; petroleum bulk storage; butane and propane bulk storage; unenclosed manufacturing or processing of goods or materials.
B.
The following uses are prohibited: smelters; blast furnances; rendering plants; hide tanning or curing plants; manufacture or processing of fertilizer, bone, rubber, asphalt, ammonia, chlorine; manufacture or refining of petroleum, gas or explosives; bulk storage of explosives; dumps, except municipally operated sanitary landfill; and the activity of hydraulic fracturing and/or hydrofacking.
[Amended 10-20-2016 by L.L. No. 1-2016]
§ 250-33 Landfill.
Loam, rock, stone, gravel, sand, cinders and soil may be used for landfill. The use of refuse and waste material is prohibited. All landfill grades shall be reviewed and approved by the Planning Board following the procedures of Article X of this chapter.
§ 250-34 Extraction of natural deposits, soil, sand, gravel or stone.
The removal of soil, sand, gravel or quarried stone for sale, except when incidental to, or connected with, the construction of a building on the same premises, shall be permitted only upon approval by the Planning Board and after issuance of a special permit.
A.
All excavation slopes in excess of 1:1 shall be adequately fenced.
B.
Stripping of topsoil for sale or for use on other premises, except as may be incidental to a construction building project, is prohibited.
C.
Applications for special permits shall contain an erosion and sedimentation control plan.
§ 250-35 Rural light industry.
[Amended 7-18-1996 by L.L. No. 2-1996]
The following standards shall apply to rural light industry:
A.
Lot size minimum shall be two acres.
B.
Lot or site size approved for light industrial use shall not exceed five acres except in industrial zones.
C.
Building height maximum shall be 35 feet.
D.
Floor area ratio shall not exceed 0.15.
E.
All industrial facilities and activities shall be enclosed within buildings.
F.
All light industry shall be buffered and screened as provided for in Article XI.
§ 250-36 Agricultural services.
The following standards shall apply to agricultural services:
A.
All trucks, excavating equipment and heavy machinery shall be enclosed within buildings in R-30B Zones.
B.
There shall be no exterior storage of items for sale or for use in supplying services except for trees and shrubbery.
§ 250-37 Greenhouses/nurseries.
The following standards shall apply to greenhouses/nurseries:
A.
No items for retail sale shall be stored unenclosed, with the exception of vegetative materials, and a maximum of 10% of the inventory of accessory products, tools and equipment.
B.
All parking areas, buildings and structures shall be screened from public view and from adjacent property such as to preserve and protect the rural/residential character of the area.
C.
In R-30C Zones parking areas, excluding service roads, backing areas, turning areas and accessways, shall not exceed 2,000 square feet.
D.
In R-30C Zones retail sales areas shall not exceed 2,000 square feet of floor area.
E.
In R-30C Zones all lighting sources shall be shielded from public view and from adjacent property, and no lighting shall be directed onto adjacent property.
§ 250-38 Pipelines.
Pipelines shall be allowed in any zone upon approval of a special permit by the Planning Board.
§ 250-39 Retail gasoline outlets.
The following standards shall apply to retail gasoline outlets:
A.
A retail gasoline outlet lot shall not be located within 300 feet of any lot occupied by a school, hospital, library or religious institution. Measurement shall be made between the nearest respective lot lines.
B.
Lot side shall be at least 20,000 square feet.
C.
Lot frontage shall be at least 150 feet.
D.
Lot depth shall be at least 125 feet.
E.
Pumps, lubricating and other service devices shall be located at least 50 feet from the front lot line and side and rear lot lines.
F.
All fuel and oil shall be stored at least 35 feet from any property line.
G.
All automobile parts and dismantled vehicles are to be stored within a building, and no repair work is to be performed outside a building.
H.
No signs shall extend beyond the pumps, nor exceed 15 feet in height.
I.
There shall be no more than two access driveways from the road. The maximum width of each access driveway shall be 30 feet.
J.
A suitably curbed landscaped area shall be maintained at least five feet in depth along all road frontage not used as driveway.
§ 250-40 Essential services.
The following standards shall apply to essential services:
A.
The proposed installation in a specific location is necessary and convenient for the efficiency of the essential service or the satisfactory and convenient provision of service to the area in which the particular use is located.
B.
The design of any building in connection with such facility shall conform to the general character of the area and will not adversely affect the safe and comfortable enjoyment of property rights in the district in which it is to be located.
C.
Adequate landscaping will be provided to create a visual and sound buffer between such facilities and adjacent property.
D.
All points of necessary access, or transformers, shall be placed in secure structures at ground level.
E.
All major electrical transformer facilities or substations, if above ground, shall be secured by a fence. Also no transformer or associated switches shall be closer than 100 feet to any lot line.
§ 250-41 Home occupations.
[Amended 12-29-2011 by L.L. No. 3-2012]
A home occupation is that accessory use of a dwelling that shall constitute either entirely or partly the livelihood of a person living in the dwelling, subject to the following:
A.
No home occupation shall be permitted that:
(1)
Changes the outside appearance of the dwelling or is visible from the road, except for one sign as permitted in Article VII, Signs, of this chapter.
(2)
Generates noise, traffic, parking, sewage or water use in excess of what is characteristic in the residential neighborhood.
(3)
Creates a hazard to person or property, results in electrical interference or becomes a nuisance.
(4)
Results in outside storage or display of anything.
B.
Any home occupation that does not meet the requirements above shall not be permitted. The Planning Board shall approve, approve with conditions or disapprove the home occupation upon consideration of those standards of the zone in which the existing or proposed home occupation is located which apply to the particular type of nonresidential activity being proposed or conducted.
C.
Any home occupation wishing to place a sign on the parcel must first apply for and receive a sign permit with the Code Enforcement Office in accordance with this chapter.
D.
Home occupations must comply with New York State Uniform Fire Prevention and Building Code requirements.
E.
A certificate of compliance must be issued for all home occupations and must be renewed every 36 months to ensure compliance with the above regulations.
F.
The Zoning Office and/or Building Code Enforcement Office shall have the right to revoke any certificate of compliance which does not comply with the above regulations.
§ 250-42 Adult entertainment uses.
[Added 12-29-2011 by L.L. No. 7-2012]
A.
Legislative findings and intent.
(1)
It is recognized that there are some uses, which, because of their very nature, have serious objectionable operational characteristics under certain circumstances, which produce a deleterious effect upon adjacent areas. Special regulation of these uses is necessary to ensure that adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood. The Town Board of the Town of Lowville finds it in the public interest to enact these regulations. The purpose of these regulations is to prevent or lessen the secondary effects of adult entertainment uses, and not to inhibit freedom of speech.
(2)
The unrestrained proliferation and inappropriate location of such businesses is inconsistent with existing development and future plans for the Town of Lowville in that they often result in influences on the community which increase the crime rate and undermine the economic and social welfare of the community. The deleterious effects of these businesses change the economic and social character of the existing community and adversely affect existing businesses and community and family life.
B.
Definitions. As used in this section, the following terms shall have the meanings indicated:
ADULT ENTERTAINMENT USES
A commercial establishment that defines itself primarily through its exclusion of minors and includes one or more of the following uses:
(1)
BOOK AND/OR VIDEO STORE
An establishment having as a substantial or significant portion (i.e., 20% or more) of its stock and trade in books, magazines, periodicals, or other printed matter or photographs, films, videos, slides or other visual representations which are characterized by the exposure or emphasis of specified sexual activities or specified anatomical areas or instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities which are for sale, rental or viewing on or off the premises.(2)
ADULT ENTERTAINMENT CABARET
A public or private establishment which regularly presents topless and/or bottomless dancers, strippers, waiters or waitresses, male or female impersonators, lingerie models or exotic dancers or other similar entertainment or films, motion pictures, videos, slides or other photographic material, or which utilizes employees, that as part of their employment, regularly expose patrons to specified sexual activities or specified anatomical areas.(3)
ADULT MODEL STUDIO
Any place where a person who appears in a state of nudity or who displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculpted, photographed or similarly depicted by other persons who pay money or any form of consideration.(4)
ADULT MOTEL
A motel which excludes minors by reason of age, or which makes available to its patrons in their rooms films, slide shows, or video tapes, which if presented in a public movie theater would exclude a minor by reason of age.(5)
ADULT MOTION PICTURE THEATER
Any motion-picture theater where, for any form of consideration, films, motion pictures, video cassettes, slides or other photographic reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.(6)
ADULT THEATER
A theater, concert hall, auditorium or similar establishment which, for any form of consideration, regularly features live performances characterized by the exposure of specified sexual activities or specified anatomical areas.(7)
MASSAGE ESTABLISHMENT
Any establishment having a fixed place of business where massages are administered for pay, including but not limited to massage parlors, sauna baths or steam baths. This definition shall not be construed to include a hospital, nursing home or medical clinic or the office of a physician, surgeon, chiropractor-osteopath, duly licensed physical therapist, or duly licensed massage therapist or barbershop or beauty salon, athletic club, health, club, school, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental accessory service.(8)
PEEP SHOW
A theater which presents materials distinguished or characterized by primary emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas, in the form of live shows, films or videotapes, viewed from an individual enclosure, for which a fee is charged.SPECIFIED ANATOMICAL AREAS
These include:
(1)
Less than completely and opaquely covered human genitals, pubic region, buttock and female breast below a point immediately above the top of the areola; and
(2)
Human male genital in a discernible turgid state even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
Human genitals in a state of sexual stimulation or arousal; or acts of human masturbation, sexual intercourse or sodomy; or fondling or other erotic touching of human genitals, pubic region, buttocks or breasts.
C.
Adult entertainment uses. No adult entertainment use shall be established except upon the approval of a special use permit by the Planning Board in accordance with this section.
D.
Location.
(1)
Adult entertainment uses shall only be permitted in the I-1 Industrial District, and, in addition, the structure of the adult entertainment use shall be located no closer than:
(a)
Eight hundred feet from the property line of any of the following:
[1]
Any single-family, two-family or multiple-family dwelling, including structures devoted to both residential and commercial or business purposes;
[2]
A church or other religious facility or institution;
[3]
A public park, public bike, all-terrain vehicle or snowmobile trail;
[4]
Playground or playing field;
[5]
Cemetery, civic or recreational facility;
[6]
Historic resource;
[7]
Scenic resource;
[8]
A licensed day-care center, nursery school or preschool.
(b)
Three thousand nine hundred sixty feet (0.75 miles) from any public or private school structures housing underage individuals.
(2)
The distances provided hereinabove shall be measured by following a straight line, without regard to any intervening buildings, from the nearest point of any structure, shelter and/or enclosure whether temporary or permanent on the property parcel upon which the adult entertainment use is to be located to the nearest point of the parcel of property line from which the adult entertainment use is to be separated.
E.
Concentration.
(1)
No adult entertainment use shall be allowed within 500 feet of another existing adult entertainment use.
(2)
No more than one adult entertainment use shall be located on any lot.
F.
Other restrictions.
(1)
No adult entertainment use shall be conducted in any manner that allows the observation of any material depicting, describing or relating to specified sexual activities or specified anatomical areas from any public way or from any property not containing an adult entertainment use. This provision shall apply to any display, decoration, sign, show, window or other opening.
(2)
There shall be no outdoor sign, display, or advertising of any kind other than one identification sign limited to only the name of the establishment.
(3)
Adult entertainment uses shall meet all other regulations of the Town of Lowville, including but not limited to district lot and bulk regulations, parking regulations and signage.
(4)
It shall be unlawful to operate an adult entertainment use between the hours of 12:00 a.m. and 8:00 a.m.
(5)
No loud speakers or sound equipment shall be used for adult uses that can be discerned by the public from public or semipublic areas.
(6)
No adult entertainment use shall be located in any building that is used in whole or in part for residential uses.
(7)
All windows used for adult entertainment uses shall be opaque.
G.
Impact. The cumulative impacts of the use in the proposed location will not unreasonably interfere with or diminish the continued use, preservation, stability, value, enjoyment, prosperity, or growth of the neighborhood or community.
§ 250-43 Recreational camping vehicles.
Recreational camping vehicles shall not be used for overnight occupancy except on private land with the consent of the owner for a period not to exceed 30 consecutive days. A recreational camping vehicle may be occupied for longer than 30 days upon approval of a special use permit by the Planning Board. Such permit may be issued upon a showing of special necessity or in case of emergency. Recreational camping vehicles used for overnight occupancy shall meet all requirements of the New York State Sanitary Code.
§ 250-44 Motor vehicle repair shop.
[Added 1-17-2002 by L.L. No. 1-2002]
The following standards shall apply to motor vehicle repair shops:
A.
All repairs of motor vehicles, except for minor servicing, shall be performed within a fully enclosed building.
B.
No motor vehicle parts or partially dismantled motor vehicle shall be stored outside of an enclosed building.
C.
In no case shall any vehicle requiring repair be stored outdoors for a period exceeding two days.
D.
All materials, damaged vehicles, or vehicles to be repaired or serviced shall be screened from adjacent properties and roads.
E.
All unregistered vehicles must be stored inside a fully enclosed building at all times.
F.
All waste, materials, discarded parts, junked vehicles, etc., shall be stored in an enclosed structure or fenced area so as not to be visible from adjacent properties and roads until disposed of. None of these items may be disposed of on the lot. None of these items awaiting disposal shall be stored on the lot for more than 30 days.
G.
All motor vehicle repair shops shall be so arranged as to require all servicing on the premises to be conducted no closer than 50 feet from any lot line.
§ 250-45 Wind power generating facilities.
[Added 3-21-2002 by L.L. No. 2-2002]
The following standards shall apply to wind power generating facilities:
A.
The proposed installation is located in an area that is necessary and convenient for the efficient distribution of power from the generating facility to the area to be serviced by such facility.
B.
The design of any building constructed or used in connection with the generating facility shall conform to the general character of the area and will not adversely affect the safe and reasonable enjoyment of property rights in the district in which it is to be located.
C.
Reasonable landscaping shall be provided to create a visual and sound buffer between such facilities and adjoining properties.
D.
All electrical generating equipment, electrical storage equipment, transformers and related equipment shall be enclosed in a secure structure. All such structures shall also be secured by a fence.
E.
No wind power generating facility or related structure shall be located within 250 feet of any lot line.