The proposed special use is consistent with the general intent of the Hamlet's Master Plan and with each of the specific purposes set forth in this chapter.

The location, size and use of the structures involved, nature and intensity of the operations involved and size and layout of the site in relation to the proposed special use are such that it will be compatible with the orderly development of the use district.

The operation of the proposed special use is no more objectionable to the uses of nearby properties, by reason of dust or smoke emission, noise, odors, fumes, pollution of air or water, including subsurface waters, unsightliness or similar conditions, than would be the operation of any permitted use.

The proposed special use satisfies each and all standards and conditions specified for such special use by the relevant provisions of this article.

The Planning Board may impose additional conditions or restrictions as it may deem necessary prior to approving any special use permit application in order to protect public health and safety, the quality of the Hamlet's natural resource base and the value of property. The Zoning Officer shall make an on-site visit to each property authorized as a special use not less than one time each year. The purpose of said site visit is to ensure that the use is being operated in accord with the conditions specified by the Planning Board. If the Zoning Officer shall determine that a violation of this chapter or the conditions imposed by the Planning Board exists, the certificate of occupancy and/or certificate of compliance shall be null and void. A new special use permit application shall be required to be submitted and approved prior to the reestablishment of said use.

No site preparation or construction shall commence nor shall existing structures be occupied for any special permit use until final site plan approval has been granted by the Planning Board and permits have been issued by all governmental agencies involved.

Essential services as defined in § 301-9 herein may be allowed as a special permit use in any zone district upon the approval of a special use permit by the Planning Board.

The Planning Board shall determine the following prior to approving a special use permit:

In addition to the information required in the special permit application and enumerated in Article V, the site plan submitted shall also show the location and number of fuel tanks to be installed, the dimensions and capacity of each storage tank, the depth the tanks will be placed below the ground, and number and location of fuel pumps to be installed.

Such uses shall be screened from adjacent uses by a buffer area not less than 10 feet in depth composed of densely planted evergreen shrubbery, solid fencing, or a combination of both, which, in the opinion of the Planning Board, will be adequate to prevent the transmission of headlight glare across the district boundary line. The Planning Board shall determine on an case-by-case basis how close to the right-of-way the landscaped buffer shall be required to be installed. Such buffer screen shall have a minimum height of six feet above the ground. If said shrubbery becomes decayed and fails to provide an adequate screen, the Zoning Officer shall direct the property owner to replace said shrubs.

The entire area of the site traveled by motor vehicles shall be hard-surfaced.

All repairs of motor vehicles, except for minor servicing, shall be performed in a fully enclosed building. No motor vehicle parts or partially dismantled motor vehicles shall be stored outside of an enclosed building.

Motor vehicle service stations may include facilities for the sale of food, household items and convenience merchandise, provided that the sale of such items takes place entirely within an enclosed building.

No commercial parking shall be allowed on the premises of a motor vehicle service station or motor vehicle repair shop.

Accessory goods for sale may be displayed on the pump island and the building island only. The outdoor display of oil cans and/or antifreeze and similar products may be displayed on the respective island if provided for in a suitable stand or rack.

No building or structure, including gasoline pump or motor vehicle service appliances, shall be erected within 40 feet of any street line.

No motor vehicle service station or motor vehicle repair shop may sell vehicles.

No motor vehicle service station or motor vehicle repair shop shall have more than two driveways on any public street fronting the site. The driveway width on any street shall not exceed 1/3 of the total site frontage on each street.

No driveway shall be closer than 50 feet to the intersection of two street corner lot lines, or within 20 feet of an adjacent lot line.

No motor vehicle service station or motor vehicle repair shop and no driveway to any such use shall be established within 200 feet of the boundary line of any Residential District, or of any school, church, park, playground, hospital, public library, institution for dependent children, or any place of public assembly designed for the simultaneous use of 100 persons or more, regardless of the district in which the subject premises are located. For the purposes of this subsection, the distance shall be measured along the street line on the side of the street where such use is proposed or such driveway would cross.

No motor vehicle service station and/or motor vehicle repair shop shall be established on a lot that is within a one-thousand-foot radius of any other motor vehicle service station and/or motor vehicle repair shop.

A statement setting forth the details of the operation of the use.

The applicant shall provide the Planning Board with evidence of approval, certificate of need, license or other similar document required to initiate or expand such a use from any and all appropriate regulating agencies.

The proposal shall meet the minimum area and yard requirements for such uses as specified in the Zoning Bulk and Use Table included as an attachment to this chapter.

The proposed use shall meet the minimum off-street parking and loading and unloading requirements of this chapter as well as provisions for landscaping, buffering, signs and accessways.

The Planning Board, in considering the request for a special use permit, may impose conditions it deems necessary to protect the health, safety and public welfare of the Hamlet.

No site preparation or construction shall commence nor shall existing structures be occupied until final site plan approval has been granted by the Planning Board and permits have been issued by all governmental agencies involved.

The minimum land area required for such use shall be the following:

The maximum density of residential development per gross acre of land (including roadways, pedestrian walkways, common recreation and off-street parking areas, open areas and all nonresidential areas) shall not exceed the following:

The minimum gross habitable floor area for dwelling units in multiple-family developments shall be:

Unit distribution. No more than 30% of the total units within a multiple-family dwelling development shall be efficiency units.

Setback requirements. Minimum area and yard requirements for each multiple-family structure within a multiple-family development shall be as follows:

No exterior wall shall exceed 100 feet in length unless there is a lateral offset of at least eight feet in its alignment not less frequently than along each 100 feet of length of such exterior wall.

All stairways to the second floor or higher shall be located inside the building.

Access to public road.

Requirements for off-street parking as provided in Article XI of this chapter shall be met, except that the location of off-street parking lots may be modified to conform with the approved site plan, provided that off-street parking shall not be located within the front yard or the required side yard setback. Paved pedestrian walkways, with appropriate lighting, shall be provided from off-street parking areas to all living units each parking area is intended to serve.

The aggregate lot coverage of multiple-family dwelling developments shall not exceed 30% of the total lot area.

No structure in a multiple-family development shall exceed 35 feet in height in R-2 Districts or 70 feet in R-3 and WMU Districts.

Services.

Recreation and open space; maintenance.

Utilities.

General requirements. No site preparation or construction shall commence nor shall existing structures be occupied until final site plan approval has been granted by the Planning Board and permits have been issued by all governmental agencies involved. The following general requirements and standards shall govern the review and approval of site plans for townhouse clusters or developments.

Minimum standards for townhouse clusters or developments.

Building standards.

Townhouse parking standards.

Size of townhouse dwelling units.

Landscape site design standards.

Site circulation system design standards.

Miscellaneous townhouse regulations.

Special accessory uses. The following special accessory uses may be established for the common and exclusive use of owners of townhouse residences and their guests. Such special accessory uses shall be operated on a not-for-profit basis and subject to the approval of the Planning Board.

A site development plan shall be submitted in conformance with the requirements of Article V of this chapter.

The minimum tract size shall be 15 acres.

The lot size, yard, area and height requirements shall be established on a case-by-case basis which reflects the unique conditions of each site proposed for development, the potential impact on adjacent properties and to ensure consistency with the Hamlet Master Plan.

The number of lots or units (density of development) in a cluster plan shall not exceed that which could be created under a conventional development plan for the same tract of land.

The developers shall set aside an area of not less than 20% of the gross acreage of the tract to be devoted exclusively to permanent recreation areas or open space.

All recreation or open space areas shall, in the opinion of the Planning Board, be suitable for such use. The ownership and future maintenance of such recreation areas shall be subject to the approval of the Town Board or offered for dedication to the Town.

Coin-operated vehicle washers. These washers are intended to be those where the vehicle operator washes the vehicle by using a hose which is geared to a coin-operated, timed mechanism.

Automatic vehicle washers. These vehicle washers are intended to be those where the vehicle is either slowly driven through or pulled through by an automatic chain mechanism. This vehicle washer is one in which the vehicle operator does not perform any of the washing function other than to drive the vehicle where necessary.

Operators of car wash establishments may be permitted to sell gasoline on the site of the car wash property. The Planning Board, in considering such a request, may require the operator to submit additional information to adequately describe the location and operation of such activity and, as a condition of granting such approval, may impose any conditions it deems necessary to protect the health and safety of motorists and potential adverse impacts of such use. Under no conditions shall the operator be allowed to perform repairs to motor vehicles on the site. Further, any merchandise available for sale shall be maintained within a fully enclosed building.

No more than one person other than a member of the immediate family occupying such dwelling shall be employed as part of the home occupation or profession.

A home occupation must be conducted within a dwelling which is bona fide residence of the principal practitioner or in an accessory building thereto which is normally associated with a residential use.

In no way shall the appearance of the structure be altered or the occupation within the residence be conducted in a manner which would cause the premises to differ from this residential character either by the use of colors, materials, construction, lighting, signs, or the emission of sounds, noises or vibrations.

No outdoor display of goods or outside storage of equipment or materials used in the home occupation shall be permitted.

No sign shall be permitted except in accordance with the provisions of Article XII.

Off-street parking shall be provided in accordance with Article XI.

No use shall create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than that usually experienced in an average residential occupancy in the district in question under normal circumstances wherein no home occupation exists.

Not more than one home occupation or home professional occupation shall be permitted for each residential property.

Home occupations or home professional occupations may occupy either up to 30% of the gross floor area of the residence to be used for the conduct of a home occupation or profession or up to 40% of the floor area of an accessory structure, but not both.

No rooming house shall provide shelter for more than four tenants who are not family members.

Off-street parking shall be provided as follows: at least two spaces for the family residing on the premises plus not less than one additional space for each roomer.

One sign up to eight square feet in area may be permitted on the premises. If freestanding, such sign shall not exceed four feet in height. Such sign may not be illuminated, except indirectly.

The Planning Board shall specify the minimum amount and location of buffer screening to ensure that the use does not create a nuisance for adjoining property owners.

In addition to the application requirements specified for site development permits in Article V, the site plan proposals for a windmill or wind generator shall also show:

No windmill, including blades, shall extend more than 75 feet above the average ground level measured at the base of the tower.

No more than one windmill or tower shall be permitted as an accessory use to any property.

No windmill shall be erected in any location where its overall height, including blades, is greater than the distance from its base to any property line.

Access to the tower shall be limited either by means of a fence six feet in height around the tower base with a locking portal or by limiting tower climbing apparatus to no lower than 12 feet from the ground.

No windmill shall be installed in any location along the major axis of an existing microwave communications link where the operation of the windmill is likely to produce an unacceptable level of electromagnetic interference, unless the applicant provides sufficient evidence satisfactory to the Planning Board indicating the degree of expected interference and the possible effect on the microwave communications link.

Windmills shall be located or installed in compliance with the guidelines of the Federal Aviation Regulations with regard to airport approach zones (15, 503) and clearance around VOR and DVOR stations.

All sites proposed for windmills shall have sufficient access to unimpeded airflow for adequate operation. The Siting Handbook for Small Wind Energy Conversion Systems, PNL-2521, or other nationally recognized reference should be used as a guide in siting the location or towers.

No windmill is to be interconnected to an electric utility distribution system, the applicant shall provide evidence of approval of the proposed interconnect by the local power company.

If the windmill is to be interconnected to an electric utility distribution system, the applicant shall provide evidence of approval of the proposed interconnect by the local power company.

Towers shall be located in either a rear yard or side yard. Applicants seeking a side yard siting shall demonstrate that such a location is essential to the viability of the proposed investment.

Guy wires and anchors for towers shall not be located closer than 10 feet to any property line.

All windmills shall be designed with an automatic brake to prevent over-speeding and excessive pressure on the tower structure.

The minimum distance between the ground and any protruding blades shall not be less than 10 feet as measured at the lowest point of the arc of the blades.

Any building proposed to be converted to create additional living units shall have not less than 2,000 square feet of gross floor area.

No more than four living units shall be created by conversion within any individual structure.

The conversion shall comply with the requirements of the Uniform Code and this chapter.

The minimum habitable floor area for living units shall be:

Any parcel of land with an existing single-family dwelling proposed to be converted to create additional dwelling units shall have an area of not less than 30,000 square feet in the R-1 Residential District and 20,000 square feet in the R-2 Residential District.

The Planning Board shall determine that water supply and sanitary sewer services are adequate to support the additional density.

The Planning Board shall determine that the street system serving the site is adequate to carry the anticipated traffic flows and that the proposal will not create a burden or nuisance for adjoining property owners.

Not less than two off-street parking spaces shall be provided for each independent housekeeping unit.

The Planning Board shall specify the minimum amount and location of landscaping and buffer screening to be provided to ensure that the use does not create a nuisance for adjoining property owners.

Tourist homes shall meet the minimum lot size, frontage and setback requirements for a two-family dwelling as specified in the Zoning Bulk and Use Table included as an attachment to this chapter for the appropriate district.

The building proposed for occupancy as a tourist home shall contain no more than four lodging rooms for hire.

The operator of the tourist home shall reside on the premises.

Buildings proposed for occupancy as a tourist home shall have frontage on Route 31.

The applicant shall meet the requirements of the Uniform Code.

Off-street parking space shall be provided as follows: At least two spaces shall be provided for the family residing on the premises plus not less than one additional space for each lodging room.

One sign up to eight square feet in area may be permitted on the premises. The sign may be freestanding or mounted on the building. If freestanding, the sign shall not be more than four feet in height. Such signs may not be illuminated, except indirectly.

The exterior of the building shall be maintained consistent with the character of the area.

The Planning Board shall specify the minimum amount and location of landscaping, and buffer screening to ensure that the use does not create a nuisance for adjoining property owners.

Findings and intent. The Town Board has determined that adult entertainment businesses exhibit serious objectionable operational characteristics which can lead to significant adverse impacts in the surrounding community and that the unrestrained proliferation of such businesses is inconsistent with existing development and future plans for the Hamlet of Macedon in that adult entertainment businesses often result in influences on the community which increase the crime rate and undermine the economic, moral and social welfare of the community. The deleterious effects of these businesses change the economic, social and moral character of the existing community and adversely affect existing businesses and community and family life. Therefore, the Town Board recognizes that special regulation is necessary in order to prevent the proliferation of adult entertainment businesses and to ensure that the effects of such businesses will not adversely affect the health, safety and economic well being of the community.

Regulations. Adult bookstores, adult motion-picture theaters, massage establishments and adult entertainment uses and businesses shall only be located in the C Commercial District as designated on the Hamlet Zoning Map, as amended from time to time, shall require a special use permit, and shall also be subject to the following regulations:

Penalty. Any violation of any provision of this section shall be punishable as prescribed by Article XIII of this chapter, as may be amended.