An accessory building may be located in any required side or rear yard, provided that:

An accessory building on that portion of a lot not included in any required yard shall conform to the height regulations for principal buildings.

Obstruction to vision at street intersections. At all street intersections in all residence districts, no obstructions to vision exceeding 30 inches in height above curb level shall be erected or maintained on any lot within the triangle formed by the street lines of such lot and a line drawn between points along such street lines 30 feet distant from their point of intersection.

Rear and side yards. On a corner lot, front yards are required on both street frontages, and one yard other than the front yards shall be deemed a rear yard, and the other or others, side yards.

Permitted obstructions. Cornices or cantilevered roofs may project no more than three feet into a required yard. Belt courses, windowsills and other ornamental features may project no more than six inches into a required yard. Fences or walls not more than six feet in height may be erected anywhere on the lot, except as set forth in Subsection B(1). Fences or walls with a height in excess of six feet shall conform to the requirement set forth herein for buildings. Paved areas, other than such are needed for access to the buildings on the lot, shall not project within 15 feet of a street line or four feet of a lot line.

Entries and porticoes. A roofed-over but unenclosed projection in the nature of an entry or portico, not more than eight feet wide and extending not more than six feet out from the front wall of the building, shall be exempt from front yard requirements when the building otherwise complies with all other yard restrictions of this chapter.

Existing setback. No proposed one- or two-family dwelling need have a setback greater than the average setback of the two existing dwellings with the greatest setbacks within 200 feet on each side of said proposed dwelling, on the same side of the street, within the same block and the same district.

Solid fences. Except where otherwise required for visibility at street intersections, solid fences are required in side or rear yards in all districts in which residences are allowed. A permit is required. Standards for solid fences are:

Open fences. Open lattice, picket, rail or wire fences are allowed, provided that the following standards are met and maintained:

Outdoor swimming pools shall not be located within a front yard in any district.

The entire portion of the premises upon which such pool is located shall be enclosed in a good-quality fence of not less than four feet in height.

Every gate or other opening in the fence enclosing such pool shall be kept securely closed and shall be locked at all times when said pool is not in use.

No pool wall or related equipment shall be located within eight feet of any adjoining property.

No lighting or spotlighting shall be permitted which will project light rays beyond the lot lines of the lot on which said pool is located.

Where the proposed pool is of such height or design that protective fencing is not required or is impractical, the Code Enforcement Officer may, at his discretion, issue a permit for the erection of such pool without such fencing. The Code Enforcement Officer shall, however, first make a finding to the effect that, in his opinion, the pool has equal protection from entry as would be afforded by the erection of a fence as required above.

Where a lot has frontage on two or more streets or other public rights-of-way, the height limitations shall apply only as measured from the curb level along the street or way with a higher elevation above sea level.

Structures, such as chimneys, flues, towers and spires, shall be exempt from height limitations, provided that they occupy not more than 20% of the roof area.

The Planning Board, in conducting site plan review of billboard applications, shall ensure the signs are constructed, lighted, light shielded and landscaped so to minimize any safety hazards and blend with both the natural and built landscape of the surrounding area. Landscaping and sign design and placement shall, wherever possible, preserve and take advantage of natural backdrops.

No billboard shall be higher than 30 feet above the average elevation of the surrounding natural grade or larger than 300 square feet in sign surface area.

All billboards shall be located outside the highway right-of-way.

All billboards shall be removed by the owner within 30 days following permit expiration.

An engineering certification shall accompany the application for an off-premises sign permit. The engineering certification shall indicate, under the seal of a professional engineer, that the proposed off-premises sign shall not, if built to design standards, present a safety hazard.

The minimum distance required between all off-premises signs shall be 500 feet as measured along the center line of the abutting roadway. Also, such signs shall be located on parcels of at least 500 feet frontage. Signs located on the opposite sides of the road or in an adjacent municipality are subject to this distance requirement. No off-premises sign shall be erected within 250 feet of any existing freestanding on-premises sign. No off-premises sign shall be erected within 500 feet of any existing residential dwelling or residential zoning district.

Billboards shall comply with building setbacks for structures located in the respective zoning district.

Tri-Vision or equivalent signage (with rotating, triangular cross-section members that change the sign display in its entirety) may be used.

All billboards shall be landscaped to ensure they blend into the surrounding natural landscape. Additionally, trees greater than four inches in diameter removed for construction of the sign shall be replaced with new landscaping providing an effective natural backdrop and buffering for the new signage.

Signs for home occupations shall not be larger than four square feet nor more than eight feet above the ground at maximum height, nor more than one in number.

Signs for other uses shall not be larger than 32 square feet nor more than eight feet above the ground at maximum height nor more than two in number.

Freestanding signs may be located within required front yards, but no closer than 25 feet from the pavement.

Signs for home occupations shall meet residential district standards listed in Subsection C above.

Signs for other uses shall not be larger than a total of 64 square feet in area, nor more than 16 feet above the ground nor more than two in number, exclusive of directional signs.

Freestanding signs may be located within required front yards, but no closer than 25 feet from the pavement.

Billboards per se are prohibited. Billboard standards are applied to other signs.

Expiration provisions are not applicable.

Flashing signs, including any sign or device on which the artificial light is not maintained stationary and constant in intensity and color at all times when in use.

Signs which compete for attention with or may be mistaken for a traffic signal.

Artificial lighting which directly illuminates an abutting residential property.

Schedule of parking requirements. Accessory off-street parking spaces, open or enclosed, shall be provided for any use as specified below. Any land which is developed as a unit under single ownership and control shall be considered a single lot for the purpose of these parking regulations.

Areas computed as parking spaces. Areas which may be computed as open or enclosed off-street parking spaces include any private garage, carport or other area available for parking, other than a street or driveway. However, a driveway within a required front yard for a one-family or two-family residence may count as one parking space, other than on corner lots as provided in § 207-31B(2).

Size of spaces. One hundred seventy-one square feet shall be considered one parking space. Entrance and exit lanes shall not be computed as parking space, except for driveways for one-family and two-family residences. The minimum parking stall width shall be nine feet, and the minimum length shall be 19 feet.

Wherever a parking area of over five spaces abuts or is within 15 feet of the side or rear lot line of a lot in any residence district, said parking lot shall be screened from such adjoining lot by a substantial wall, fence or thick hedge approved by the Planning Board. Generally, such screen shall not be less than three feet nor more than eight feet in height.

Whenever a parking area of over five spaces is located across the street from other land in any other residence district, it shall be screened from the view of such and by a thick hedge, wall or fence approved by the Planning Board, located along a line drawn parallel to the street and a distance of 20 feet therefrom, such screening to be interrupted only at points of ingress and egress. Generally, no such screening shall be less than three feet nor more than eight feet in height. The open area between such screening and the street shall be landscaped in harmony with the landscaping prevailing on neighboring properties fronting on the same street. Two identification and directional signs located on the street side of such screening shall be permitted; however, they shall not exceed an area of three square feet each.

One commercial use vehicle not exceeding 35 feet in length may be parked on an occupied lot but not within the required yards of such lot and in no case between the street line and the principal building.

One commercial use vehicle not exceeding 35 feet in length may be parked within a private garage.

Farm vehicles are permitted as accessories to a farm use in any residence district, provided that they are not kept within the required yards of such lot, and in no case between the street line and any principal building.

Permitted uses. Any recreational vehicle, as defined in § 207-70, may be stored or parked in any residential zone, only as follows:

Prohibited uses of recreational vehicles.

Said site plan shall include areas within which structures may be located, the height and spacing of buildings, open spaces and their landscaping, off-street open and enclosed (if any) parking spaces and streets, driveways and any other physical features relevant to the proposed plan.

Said site plan shall include a statement setting forth the nature of all proposed modifications of existing zoning provisions.

Said site plan shall be subject to review and public hearing by the Planning Board in the manner prescribed in the Town Law § 276 (subdivision regulations).

It is the purpose of this article to permit but not require, upon receipt and approval by the Town Board of an application made by the landowner(s), the establishment of a zoning classification entitled "Planned Unit Development (PUD) District." Such district may provide:

Generally, these floating districts (permitted within certain zones) are intended to provide landowners who wish to develop functionally integrated communities or complexes with the flexibility to do so, provided that sufficient open space will be preserved and the development is designed with safeguards to protect the public health, safety and welfare.

The owner(s) of the land in a proposed PUD District shall initially apply to the Town of Massena Planning Board for the establishment of a PUD Planned Unit Development District. The application shall be in writing and include a sketch plan. See the PUD Process Flow Chart at the end of this chapter.

The Planning Board shall review the sketch plan and related documents and render a report to the applicant on the acceptability of the proposal along with recommendations for changes or improvements, if any. An unfavorable report shall state clearly the reasons therefor and, if appropriate, advise the applicant what revisions are necessary to receive acceptance.

Upon receipt of the Planning Board's report, which shall be made within 62 days of the meeting at which the sketch plan is initially presented, the applicant shall submit a preliminary PUD development plan for the project to the Planning Board, including but not limited to all information required under the Town of Massena Subdivision Law[1] and for purposes of compliance with the State Environmental Quality Review Act (SEQRA). The applicant shall also submit, in the form of a letter or brief, information indicating how the development will specifically comply with or meet the special use and site plan review criteria contained in this chapter and the following additional information:

Action on preliminary plan.

When the Planning Board has approved a PUD development plan for a proposed district, the plans shall be filed in the office of the Town Clerk, and the Town Board shall then proceed to consider amendment of the law in accord with the Town Law, conducting a hearing and acting upon the same within 90 days of the meeting at which the Planning Board's recommendation is received. The Town Board shall, where appropriate, provide for County Planning Department review of the proposal and may attach conditions to its approval. When any planned PUD District is not substantially developed in accordance with the approved preliminary development plan for a period of three years from the effective date of its establishment, and provided that it shall then appear that rights vested in persons acting in good faith in reliance on such zoning classification will not be prejudiced thereby, the Town Board, upon resolution and no earlier than 62 days following written notice to the applicant and general publication in a newspaper of general circulation, may declare the same, by which action the change in classification to a PUD District shall be voided. The Town hereby exercises its authority under § 10 of the Municipal Home Rule Law to supersede § 264 of the New York State Town Law so as to permit voiding of a zoning change without resorting to further rezoning procedures.

Final approval.

Location. A PUD District may be permitted within any underling zoning district.

Minimum site area. A PUD District should comprise at least 20 contiguous acres of land, although lesser-sized tracts may be approved at the discretion of the Planning Board and the Town Board.

Density and open space. The density and open space standards applicable to conservation subdivisions shall also apply to all PUD projects.

Utilities. All uses situated in a PUD District shall be served by central water and sewerage systems. The Planning Board may, at its discretion, approve on-site water and sewer for a PUD with fewer than 50 lots and fewer than 200 residents (in compliance with Part 74, Public Health Law, § 1120), providing that site conditions such as soil condition, slope, and percolation rates are suitable. All water, sewer and gaslines (where available) and all other lines providing power and communication service shall be installed underground in the manner prescribed by the appropriate state and local agency and/or utility company having jurisdiction.

Permitted uses. All residential uses (except mobile homes, hotels, motels and resorts) and commercial, light industrial and recreational uses shall be permitted in PUD Districts.

Other zoning regulations. With the exception of lot and yard requirements which may be waived or modified by the Planning Board, the PUD District shall comply with all other provisions of this chapter. No modification or waiving of density standards generally applicable to PUD Districts shall be permitted. Density for nonresidential uses shall be determined on the basis of projected sewage flows, with an equivalent dwelling unit being that amount of flow normally associated with a one-family residential dwelling.

Ownership. The land proposed for a PUD District may be owned, leased or controlled either by an individual, corporation or by a group of individuals or corporations. PUD District applications shall be filed by the owner or jointly by all owners of the property included in the application. In the case of multiple ownership, the approved plan shall be binding on all owners.

Organization. A PUD District may be organized as a condominium, a cooperative, a leasehold or held in individual or corporate ownership. If a property owners' association (POA) is to be established, and one shall be required if any property is to be held in common, such POA shall be organized as provided for conservation subdivisions in the Town Subdivision Law.[3]

PUD Process Flow Chart: included at the end of this chapter.

No telecommunications facility, except those approved prior to the effective date of this section, shall be used unless in conformity with these regulations. No telecommunications facility shall hereafter be erected, moved, reconstructed, changed or altered unless in conformity with these regulations. No existing structure shall be modified to serve as a telecommunications facility unless in conformity with these regulations. These regulations shall not, however, apply to emergency services communications systems or to ham radio and television facilities of less than 100 feet in height.

Applicants proposing new telecommunications facilities, physical expansion of existing telecommunications facilities or the location of telecommunications facilities within or on other existing structures shall require a special use permit and site plan review hereunder.

Applications for cellular communications towers to be erected by other than FCC-licensed carriers shall require evidence of agreement with one or more such carriers to occupy the towers.

Applicants proposing to co-locate new telecommunications arrays on a previously approved telecommunications facility without extending the height thereof or otherwise physically expanding the facilities except for additional equipment buildings within previously designated fenced-in areas shall not require a special use permit or site plan review but shall require accessory use permits.

All applications for special use permits to construct telecommunications facilities shall be accompanied by the following additional information where applicable:

The location of the tower and equipment building shall comply with all natural resource protection standards of this chapter.

An evergreen screen consisting of a row of eight-foot-high evergreen trees planted 10 feet on center maximum shall be located around the perimeter of the security fence. The Planning Board may, however, modify or waive screening requirements if the site is entirely or partially wooded so as to provide existing screening. Existing on-site vegetation shall be preserved to the maximum extent possible.

An eight-foot-high security fence shall completely surround the tower (and guy wires if used) and equipment building.

The tower and antenna shall be designed and constructed to all applicable standards of the American National Standards Institute, TIA/EIA-222-F manual, as amended, and withstand wind gusts of up to 100 miles per hour.

An antenna may not be located on a building or structure that is listed on a historic register or within 500 feet of such a structure.

Telecommunications facilities shall be permitted as a sole use on any lot in R-A and I Districts subject to special use procedures and the following: a) all proposed telecommunications tower and accessory structures shall be located on a single parcel and a set back from abutting residential parcels, public property or street lines a distance sufficient to contain on site substantially all ice fall or debris from tower failure and preserve the privacy of the adjoining residential properties; b) lot size of parcels containing a tower shall be determined by the amount of land required to meet the setback requirements; if the land is to be leased, the entire lot required shall be leased from a single parcel; c) all tower bases shall be located at a minimum setback from any property line a minimum distance equal to 1 1/2 times the height of the tower. Provided that no residences directly adjoin the site, and the applicant can demonstrate that lesser standards will, because of buffers and screening, not have a major aesthetic impact on the area or unduly interfere with the use and enjoyment of such adjacent properties, setback requirements may specifically be reduced to the fall-down limit plus 15 feet. This provision shall also apply where the net effect of requiring the full setback would be to necessitate additional lighting or tower height.

A telecommunications facility shall be permitted on a property with an existing use subject to the following conditions:

Where an antenna for a telecommunications facility is to be attached to an existing structure or building, it shall be subject to the following conditions:

Notwithstanding minimum setbacks provided for above, any tower shall be set back from all property lines a distance that is at least equal to the height of the tower.

Vehicular access shall be provided to the facility and be of such passable condition as to be safely accessible by emergency and maintenance vehicles and equipment. Road construction shall, at all times, minimize ground disturbance and vegetation cutting to within the toe of fill, the edge of cuts or no more than 10 feet beyond the edge of any pavement. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion potential. Parking shall be provided to assure adequate emergency and service access in accordance with the Code.

No signs shall be permitted on either the tower or equipment building, except for those signs required by law or containing such information as owner contact information, warnings. These signs shall not exceed two square feet in total area. Absolutely no commercial advertising shall be permitted on any wireless telecommunications tower or equipment building.

The Planning Board shall be satisfied that the tower for the communications facility is the minimum height necessary for the service area and that the site chosen is the one that will afford the opportunity to construct the lowest-height communications tower possible, taking into consideration all lands available within a reasonable distance, including those which may lie within adjoining municipalities.

The need for additional buffer yard treatment shall be evaluated. Proximity of the communications structure to existing or platted residential properties shall be considered in applying such requirements. Existing trees on the site which serve to provide a natural buffer shall be preserved unless absolutely required to be removed for purposes of access or safety.

Visual assessment data shall be used to determine how the communications facility will appear once constructed in relation to the surrounding natural environment and from the perspective of adjacent or nearby residents as well as travelers. Camouflaging or relocation of the structure may be required. The Planning Board shall also consider alternative sites in assessing visual impacts and the imposing of conditions as may be required to minimize such impacts, including requirements that any tower be of a shape, contour and finish (either painted or unpainted) that minimizes its visual impact. The Planning Board may also require a tower to be in the shape of a tree, flagpole, church steeple or other similar tall structures. Accessory structures shall similarly maximize the use of building materials, colors and textures designed to blend with natural surroundings.

Freestanding pole-type communications structures shall be given preference over towers supported by guy wires.

All communications structures shall be lighted for safety in a manner consistent with industry best practices, and where lighted, additional setbacks may be imposed to shield adjacent properties from the effects of such lighting.

Should any tower cease to be used as a communications facility, the owner or operator or then owner of the land on which the tower is located shall be required to remove the same within one year from the abandonment of use. Failure to do so shall authorize the Town of Massena to remove the facility and charge back the cost of removal to the foregoing parties. The Town of Massena may also file a municipal lien against the land to recover the costs of removal and attorney's fees.

Shared use of existing structures (for example, municipal water towers, multistory buildings, church steeples and farm silos) and existing or approved towers shall be given preference over construction of new towers. Where shared use of all existing tall structures and existing or approved towers is found to be impractical, the applicant shall investigate shared usage of an existing tower site for its ability to accommodate a new tower and accessory uses. Documentation and conditions shall be in accordance with § 207-38B(5)above. Any proposals for a new telecommunications tower on an existing site shall also be subject to special use permit procedures.

An applicant for approval of a communications structure shall include with the application evidence of written contact with all wireless service providers who supply service within the Town for the purpose of assessing the feasibility of co-located facilities, and co-location shall be mandatory wherever physically feasible. Should co-location not be feasible, the applicant shall demonstrate that a good faith effort has been made to mount the antenna on an existing building or structure, including proof of contacts, building investigations and similar evidence. Should such efforts fail to result in a suitable site, a new communications tower may be permitted but shall be constructed to provide available capacity for other providers should there be a future additional need for such facilities, including provision of the necessary tower height to accommodate such other users without adding additional height in the future. Where co-location is proposed, the different companies using the facility shall also work from common maintenance and service buildings, if the same are located on the site.

As used in this chapter, the following terms shall have the meanings indicated:

Nothing in these definitions shall be construed to incorporate breastfeeding, single-sex restrooms and showers or items and displays of recognized artistic merit as previously interpreted by the U.S. Supreme Court or activities in a private residence by the occupants thereof.

No adult use shall be located within a two-hundred-foot radius of any other residential or commercial zoning district or another adult use.

No adult use shall be located within a one-thousand-foot radius of the property of any residence, residential facility, institution, health facility, child-care center, church, synagogue, other place of religious worship, school, public or semipublic use, public park or recreation facility, youth-oriented center, playground or playing field, cemetery or any establishment that sells alcoholic beverages.

Public appearance by a person knowingly or intentionally engaged in specified sexual activities.

The knowing and intentional public appearance of a person or persons in a state of nudity on a recurring basis for commercial gain.

Touching of patrons or the performance by any entertainer in an adult use facility within six feet of the nearest patron.

Sale of alcoholic beverages.

The plan shall promote attractive development, preserve existing vegetation to the maximum extent possible, enhance the appearance of the property and complement the character of the surrounding area.

The plan shall use landscaping to delineate or define vehicular and pedestrian ways and open space.

The plant material selected shall be of complementary character to buildings, structures and native plant species and be of sufficient size and quality to accomplish its intended purposes.

The plan shall effectively buffer the activity from adjoining land uses as may be necessary and soften the impact of other site development as contrasted with the natural environment.

The plan shall be realistic in terms of maintenance and use materials which, as a minimum, are winter hardy to Zone 4. Consideration and determination of the adequacy of the above plan requirements are at the Planning Board's discretion.

The minimum branching height for all shade trees shall be six feet.

Shade trees shall have a minimum caliper of three inches (measured four feet above grade) and be at least 12 feet in height when planted.

Evergreen trees shall be a minimum of six feet in height when planted.

Shrubs shall be a minimum of 24 inches in height when planted. Hedges shall form a continuous visual screen within two years after planting.

A buffer screen at least 15 feet in width along any residential lot line shall be provided. It shall include, at a minimum, an opaque wooden stockade fence six feet in height and one evergreen tree for every 15 linear feet of property line. An additional row of evergreens meeting these standards, and offset such that each row serves to place trees between the gaps of the other, shall be permitted as a substitute for the stockade fence.

A landscape strip at least 15 feet in width, which includes at least one deciduous tree for every 35 linear feet of perimeter lot line, shall be required for any nonresidential use. Such deciduous trees shall also be accompanied by smaller shrubs and ground cover as may be required to effectively separate and buffer the activity from the highway but still allow for visibility of the use. The width of this buffer may be reduced along the rear and side lot lines for good cause, but not along the front lot line.

All lot area (except where existing vegetation is preserved) shall be landscaped with grass, ground cover, shrubs, or other appropriate cover.

The preservation of mature shade trees shall be required unless there is no alternative but to remove them. These may be used to meet requirements of this section, provided that the Planning Board determines the purpose of this section is achieved.