Intent. The Planning Board is hereby empowered under § 274-b of the New York State Town Law to issue special use permits for those uses listed in the respective zoning districts as special permitted uses upon a finding that the criteria for issuing special use permits set forth in § 260-25 et seq. have been shown. All uses listed as subject to a special use permit are declared to possess characteristics of such unique and special form that each use shall be considered as an individual case in accordance with the standards and procedures of this chapter. Site plan approval by the Planning Board is an essential element of a special use permit.

Procedures.

Expiration, revocation and enforcement.

Amendments. A special use permit may be amended by filing an application with the issuing board. Any change in a special permitted use shall require a special use permit amendment.

Special use permits may be authorized only upon a finding that the proposed use would comply with the specific requirements of this chapter, as well as the following general requirements:

The issuing board shall consider the scale of the proposed use as well as any proposed site amenities, architectural, historic preservation or conservation restrictions or other measures that would mitigate potential adverse impacts and preserve or enhance the scenic, natural or historic character of the Town.

Each proposed use must meet all the requirements of this chapter regarding off-street parking and loading, dimensional requirements, landscaping, buffering, signs, accessways and lighting.

The following conditions and criteria must be met for the specified uses.

Notwithstanding anything contained in this chapter, adult use entertainment establishments as defined in Chapter 5, Definitions and Word Usage, of the Code shall only be allowed in the Adult Use Overlay (AUO) District and upon issuance of a special use permit as specifically set forth in this chapter and only to the extent that it is consistent with this chapter and the New York State Penal Law relating to exposure, obscenity or lewdness.

The Adult Use Overlay (AUO) District shall be a mapped overlay zoning district restricted to those lands zoned industrial by the Town Board and in accordance with the standards set forth herein.

The following standards shall apply to every application:

The owner of a building or premises, his/her agent for the purpose of managing or controlling or collecting rents or any other person managing or controlling a building or premises used for an adult use entertainment establishment purpose shall register the following information with the CEO as part of any building permit or certificate of occupancy:

Adult use entertainment establishments shall be deemed to be in violation of this chapter if the owner or operator or an employee of the owner or operator has been found to:

The minimum lot area shall be five acres.

Not less than 25% of the land area, excluding parking areas and vehicle access, shall be established and maintained as green space for the use and enjoyment of the residents and their guests.

The coverage of all buildings and structures shall not exceed 30% of the area of the entire site.

All dimensional requirements in Article XVII shall be adhered to.

No site preparation or building construction may commence until a site plan has been approved by the Planning Board.

A new cemetery shall contain at least 10 acres of land.

No site preparation or use shall commence until final site plan approval has been granted by the Planning Board and permits have been issued by all governmental agencies involved. Among the features to be considered by the Planning Board as part of any site plan approval will be:

Each cemetery shall maintain at least a twenty-foot-wide unused area around the perimeter of the property that is to be landscaped and mowed.

Each cemetery shall provide a maintenance building to be used for the storage of all equipment and materials being used in the maintenance of the cemetery, unless such equipment and materials are stored off site.

Each cemetery shall maintain and post the hours of operation, including a phone number for information or to report an incident.

The applicant shall submit a written statement which sets forth the details of the operation of the proposed use and a site plan showing development of the outdoor recreational facilities.

The minimum tract size for such a use shall be three acres, with not less than 275 feet of frontage on each highway which fronts the site.

A landscaped year-round buffer strip not less than 30 feet in depth shall be provided along the periphery of the proposed use. This landscaped buffer shall be provided within the setback requirements. The buffer strip shall include materials and be perpetually maintained by the developer or owner to provide a visual screen between the proposed use and adjoining properties and shall be used for no other purpose.

Noise generated from an outdoor commercial recreational use shall be confined to the site.

The minimum lot size shall be two acres.

The maximum length of individual storage bays allowed for each mini-warehouse structure shall not exceed 100 feet in linear building length.

All units shall be adequately lighted, both exterior and interior. There shall be interior lighting for each storage unit. Interior lighting may be on a time device to permit automatic shutoff.

Each mini-warehouse unit shall be clearly identified, and the owner shall maintain records of all occupied units.

No mini-warehouse unit shall be allowed to store any hazardous material.

No mini-warehouse unit shall be used for vehicle repairs or body work.

Adequate landscaping and architectural detail shall be provided to minimize the visual impact of the warehousing structure on adjacent sites.

The applicant must have obtained all of the requisite governmental approvals to operate the proposed facility.

The number of off-street parking spaces shall be provided as set forth in Article IX. At no time shall on-street parking be permitted to occur.

All off-street parking shall be located in either the side or rear yard portion of the site. All off-street parking areas shall be lighted, landscaped and buffered from any adjacent residential site(s).

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.

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 property rights in the district in which it is to be located.

Adequate and attractive fences and other safety devices will be provided.

A buffer strip not less than 15 feet in depth shall be provided around the perimeter of the property proposed for such use.

Fuel-dispensing units may be allowed as an accessory use to any motor vehicle service station, convenience store or car wash.

The operation of all fuel-dispensing units must be supervised by a company employee.

All bulk storage permits must be obtained by the owner.

All fuel-dispensing units shall contain automatic shutoff nozzles, and the sales shall be recorded from within the principal use on the site. In addition, all such units shall have safety flushing devices in accordance with Uniform Code standards or National Fire Protection Association (NFPA) standards, to include automatic shutoffs in the event of an emergency.

The Planning Board may impose any conditions it deems necessary to protect the health and safety of motorists and pedestrians and to protect adjacent properties from potential adverse impacts of such use.

Except for motor vehicle service stations, there shall be no repairs to motor vehicles allowed on the site.

Any merchandise available for sale shall be maintained within a fully enclosed building.

The applicant shall have obtained all of the requisite governmental approvals to operate the proposed facility.

The Planning Board shall determine that the street on which the funeral home is proposed is capable of carrying the volume of traffic likely to be generated by the proposed use. To the extent practical, funeral homes should be located such that traffic associated with this use does not flow through adjacent residential neighborhoods.

All off-street parking areas shall be illuminated, adequately screened from adjacent residential sites and available for use by visitors and employees.

Each off-street parking area shall be designed so as to accommodate the assembly of vehicles used in a funeral procession. This assembly area shall be provided in addition to the required space for off-street parking. Each assembly area shall contain a minimum of 1,200 square feet.

A caretaker's residence may be provided within the main building of the funeral parlor.

Loading and unloading areas used by ambulances, hearses or other such service vehicles shall be screened from adjacent residential sites by a wall or densely planted shrubs of six feet in height.

No building associated with a funeral home shall be located closer than 50 feet to any residential district or public street.

It is the intent of this section to allow a variety of home occupation pursuits as specially permitted uses in residential districts while recognizing the substantial governmental goal of preserving and maintaining the residential atmosphere, appearance and character of residential districts. It is recognized that while home occupation pursuits are specially permitted under the conditions provided for in this section, it is the primary purpose of this section to preserve and maintain the residential atmosphere, appearance and character of residential districts. It is the stated intent that the special permitted home occupation use will always be second and subordinate to the principal residential use of the premises and that the home occupation will not harm other residential uses of the property or adversely affect neighboring premises. Under no circumstance shall a special permitted home occupation become so extensive that it predominates the principal permitted residential use of the premises. It is further the intent of this section to establish specific performance standards and controls to limit home occupations so as to minimize the adverse impacts a home occupation could have on a neighborhood or district and to assure that it does not become the predominant use of the property.

A major home occupation, as defined in Chapter 5, Definitions and Word Usage, of this Code, shall first require the issuance of a special use permit by the issuing board. The issuing board may condition or restrict the special use permit for a major home occupation if, in the Board's judgment, such restriction is required to minimize the impact of the use upon the neighborhood or district. No special use permit shall be issued unless the Planning Board makes a finding that the following criteria have been met:

A minor home occupation does not require a special use permit and may operate upon the issuance of a certificate of zoning compliance from the CEO. The CEO must find that:

Code compliance. Both a major and minor home occupation shall require a certificate of compliance from the Fire Marshal and the CEO attesting that the structure and proposed use comply with the New York State Uniform Fire Prevention and Building Code as applicable to the Town.

Revocation of home occupation permits. A home occupation permit shall be deemed revoked upon the occurrence of any of the following:

Application. Each application for a home occupation permit shall be:

Each unit shall contain not less than 240 square feet of floor area.

No guest shall establish residence at a motel for more than 30 consecutive days within any calendar year.

An accessory use customarily related to a hotel or motel, such as a restaurant, dry-cleaning store, beauty shop or barbershop, may be permitted, provided that such accessory use shall be located entirely within the building to which it is accessory and does not have a direct outside entrance for customers.

Recreation facilities may be provided for any specially permitted hotel or motel.

Any premises on which four or more dogs, three months old or older, are kept, bred and/or harbored requires a special use permit.

The keeping, breeding and/or harboring of more than eight dogs, three months old or older, is not allowed.

All the dogs shall be owned by the resident owner of the property at which the kennel is located.

The minimum lot area for such uses shall be three acres.

Shelters for animals within kennels shall not be closer than 100 feet to any street or property line.

No outdoor area enclosed by fences, including electronic fences, for the use of animals shall be permitted within a front yard. Fenced areas shall be set back not less than 50 feet from any side or rear property line.

Adequate provisions shall be made for disposing of animal waste.

Noise and odors shall not become a nuisance to adjacent property owners.

A track may only be located on property which has an established primary residential use and which has a minimum of 20 acres.

A track must be clearly incidental to the primary use of the property.

Only one track may be established per parcel.

Only the person or persons residing on the property where a track is located may utilize said track.

Duration of track operation shall not exceed more than four hours between 10:00 a.m. and 7:00 p.m. in any twenty-four-hour period. Track operation duration will be measured from the time the first motorized vehicle starts to operate and is independent from actual vehicle operation.

No portion of any track shall be closer than 300 feet to any property line or road right-of-way.

Such unenclosed area is on the same or an adjacent lot to a fully enclosed building having a building area of not less than 5,000 square feet devoted to the sales and service of vehicles. If the enclosed area is on an adjacent lot, the lot shall be not more than 200 feet from the lot with the building and shall be in the same ownership as said building and be used for no other purpose.

Such unenclosed area shall be paved, shall be suitably drained and shall be maintained in a neat and orderly manner.

Any exterior illumination shall be approved by the issuing board and shall meet the requirements of this chapter.

Suitable landscaping and/or fencing of such unenclosed area shall be required and approved by the issuing board.

As used herein, the sale of new vehicles shall be deemed to mean only the sale of such vehicles under a franchise granted to the person, firm or corporation conducting such business by a vehicle manufacturer. Used vehicles shall be sold only in connection with the sale of new automobiles.

The site plan submitted shall 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 the number and location of fuel pumps to be installed.

All tank installations shall conform to all state and/or federal regulatory standards.

The proposed 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 issuing board, will be adequate to prevent the transmission of headlight glare across the boundary line at all times of the year. The Planning Board shall determine on an individual-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 ground. If said screening becomes decayed and fails to provide an adequate screen, the CEO shall direct the property owner to replace said screening.

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

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 auto 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 pumps or automotive service appliances, shall be erected within 40 feet of any street line.

No motor vehicle service station or auto repair shop may display more than four unregistered vehicles for sale or repair outside of an enclosed building at any one time.

No motor vehicle service station or auto 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 motor vehicle service station or auto 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, public library or any place of public assembly designed for the simultaneous use of 100 persons or more, regardless of the district where 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.

The minimum size lot shall be 20 acres for any such use other than golf courses or country clubs.

The proposed use shall have a contiguous buffer area surrounding the portion of the site proposed to be used for outdoor recreational or athletic purposes equal to twice the area to be occupied by the permitted use. Said contiguous buffer area shall be designed to reduce the exposure of noise, glare, unsightliness and any other potentially objectionable site feature(s) related to the proposed use from abutting properties.

The buffer area shall include landscaping and/or berms to visually and physically separate the permitted outdoor recreational or athletic use from any adjacent residential site.

The area of the site to be occupied by the permitted outdoor recreational use shall be determined by the issuing board and shall include, but not be limited to:

No site illumination shall be allowed to trespass onto adjacent properties or to cause glare onto any public right-of-way.

Landscaping and site plantings shall be provided which reduce to the greatest extent possible the noise levels generated from the outdoor recreational or athletic use onto adjacent residential sites.

Site drainage facilities shall not be included in the area to be occupied by the permitted outdoor recreational or athletic use.

Proof shall be furnished to the issuing board that all other governmental approvals have been obtained by the applicant to operate a nursery or day-care use.

On-site recreational facilities shall be provided and maintained for the exclusive use of the nursery or day-care center. Such area shall be physically separate from on-site parking areas or driveways and screened from adjacent properties.

One structure shall be devoted to sale of produce. Said structure shall not exceed 2,400 square feet of floor area.

Such structures shall conform to the minimum setback requirements for accessory buildings.

Approvals required for personal wireless communications facilities.

The minimum lot size for the placement of a tower shall be four acres of land, which may be rented, leased or owned by the provider and which is, further, located on a parcel of land where no other specially permitted use (or a previously issued special use permit) exists.

Not more than one tower shall be permitted on any parcel of land.

The minimum setback for each tower from any property line shall be the height of the tower to be erected plus 20 feet.

No tower shall exceed 150 feet in height above finished grade without evidence that an additional tower located within the cell area defined by the provider will not provide adequate coverage to at least 90% of the population within said cell area.

No tower shall be erected within a federal- or state-designated freshwater wetland or within any protected buffer area thereto, within a federal-designated area of special flood hazard, on a slope greater than 15% or on a site which has been determined to possess important scenic vistas.

Any cutting of live trees which exceed four inches in diameter, measured at a height of four feet above ground, to provide for the placement of a tower shall first be approved by the Planning Board, in consultation with the Environmental Conservation Board, as part of any preliminary site plan application. Clear-cutting of trees beyond what is deemed necessary by the Planning Board to install and maintain the tower shall be prohibited.

The tower shall be designed to withstand a sustained wind of 70 miles per hour with a one-half-inch ice load.

A minimum radius of 2,000 feet shall be maintained between any proposed tower and any existing tower, whether located in the Town or in an adjacent municipality.

All towers and associated structures shall be enclosed by a fence not less than eight feet in height above ground level. The fence shall contain adequate security measures along the top of the fence to deter site vandalism.

No tower shall contain any signage except that identifying a health, safety or general welfare message, including but not limited to the owner of the tower, an emergency telephone number and tower site identification (i.e., tower number) and address.

No tower or accessory structure shall be illuminated unless required by the Federal Aviation Administration (FAA) or elsewhere that Mercy Flight Central deems it to be appropriate to identify tower locations for maintaining the safety of air ambulance flights within the Town. Where Mercy Flight Central deems lighting to be warranted, one L810 double-obstruction light shall be provided.

The tower, all attachments, antennas and accessory equipment and structures shall either be a galvanized finish or painted gray above the surrounding tree line and designed to blend into the natural surroundings below the surrounding tree line unless other colors are mandated by the FAA for the tower.

All tower guys shall be designed to provide ice shattering to prevent damage to guy cable terminus.

Each personal wireless communications facility base and accessory structure(s) shall be adequately screened from any adjacent public right-of-way. To accomplish this screening, at least one row of native evergreen shrubs or other screening acceptable to the Planning Board which is capable of forming a continuous hedge at least 10 feet in height within two years of planting shall be required and maintained. This minimum screening requirement may be waived if the Planning Board determines that some other suitable screening already exists.

All utility connections shall, to the greatest extent practical, be buried. This requirement may be waived, in whole or in part, by the Planning Board if, in its opinion, such underground facilities would be impractical due to natural conditions.

The applicant shall comply with FCC regulations. Unless preempted by federal or state law, personal wireless telecommunications facilities shall be inspected annually, by a licensed professional engineer, at the applicant's expense, for radio emissions. A copy of the inspection report shall be filed with the Town. Any determinations by the FCC that radio emissions exceed permitted FCC standards shall immediately terminate the special use permit.

Unless specified elsewhere in this chapter, a special use permit for the erection and maintenance of a tower shall be for a maximum of two years. Such special use permit shall be considered for renewal based upon the terms and conditions imposed with the original permit. Where compliance has been shown, the Planning Board may issue a special use permit for an additional two-year period.

If a tower or accessory structure becomes obsolete or not used for a period of 90 days for the purpose specified in the original approval, the tower or accessory structure shall be dismantled and removed from the site at the owner's expense within 30 days of receipt of written notice from the CEO and based upon the Planning Board declaration to the effect specified herein. All special use permits and site plan approvals shall expire as of the date of abandonment of the facility. The applicant and/or the property owner shall be required to restore the site to the condition then existing on the approval date of the initial special use permit, absent grading and landscaping required above.

The applicant shall provide the Town with an automatically renewing security bond which shall be in an amount adequate to guarantee that the tower and related site facilities are built, maintained and can be removed in accordance with the conditions imposed by the Town in the special use permit. Said security bond shall be in a form and of a sufficient amount which is subject to approval of the Town Attorney and Town Supervisor. Said amount shall be established upon consultation with the Town Engineer.

All facilities shall have a backup source of power suitable for sustaining uninterrupted service to the public during periods of power outages. The Planning Board shall, as a condition of site plan approval, require either a power generator or battery pack source of energy capable of sustaining 24 hours of uninterrupted service.

All facilities shall allow local public safety agencies, including but not limited to the Town Highway Department, the right to collocate their emergency communications facilities at no charge to the public safety provider, provided that the equipment and antennas to be erected on the tower do not interfere with the existing equipment or overload the design for the tower.

Each tower constructed shall be designed to accommodate up to three communications providers, excluding local public safety agencies, which may be collocated on the tower.

Access to towers and facilities shall be obtained from a public right-of-way.

Accessory equipment may be located within an existing building, in a newly constructed building limited to 400 square feet in gross floor area or within freestanding panels which are located within a secured fenced area not exceeding 600 square feet on the site near the base of the tower. Where collocation occurs, each separate provider shall be entitled to one four-hundred-square-foot building or up to 600 square feet of land area upon which to place its accessory facilities.

Each application for a special use permit or site plan approval for a personal wireless communications facility shall be accompanied by a plan which shall reference all existing personal wireless telecommunications facilities that are either located within the Town or whose cell area extends into the Town. Included in the plan shall be:

All building permits for the erection and maintenance of a personal wireless telecommunications facility must be obtained within six months of the date of approval of a special use permit, and construction must be completed within 12 months of such approval. The special use permit shall expire in the event that either of these conditions have not occurred within the time periods specified herein.

Structural inspection. Unless otherwise preempted by federal or state law, personal wireless telecommunications facilities shall be inspected annually at the owner's expense for structural integrity by a licensed professional engineer registered in New York State. The structural inspection report shall describe the structural integrity of the facility, maintenance issues and repairs needed or made. This report shall be filed with the CEO within 12 months of construction of the facilities and each year thereafter. In the event that the structural inspection indicates structural deficiencies, then the deficiencies must be remedied within the time set by the CEO.

The following communications towers are exempted from the provisions of this section:

A site plan must be approved showing the location on the property for buildings, open storage of vehicles, customer parking areas and areas devoted to the on-site servicing of the rental vehicles.

There shall be no outside storage of any related customer equipment, materials or vehicles.

All repairs and service (including vehicle washing) shall be within an enclosed building, except for gasoline dispensing.

All gasoline sales shall be restricted to vehicles rented. There shall be no sale of gasoline or oil products to the general public.

All open storage of rental vehicles shall be in either the side or rear yard of the site. All open storage areas shall also be screened from any adjacent noncommercial site.

Any rental vehicle may be offered for sale to the public at any time. However, in no event shall the sale of trucks, trailers or recreational vehicles be allowed to become the principal use of the site without first obtaining a permit and site plan approval for the sale, lease or rental of vehicles.

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 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 1 1/2 acres.

The applicant shall submit a written statement setting forth the details of the operation of the proposed use.

The location of all on-site refuse containers shall be identified and maintained. All refuse containers shall be enclosed and effectively screened from adjacent properties.

Any outdoor eating area shall be maintained, landscaped and physically separated from any off-street parking area or driveway. In no event shall outdoor eating be allowed unless the site has a paved, dust-free parking surface.

Buffer to other uses. Smoke shops shall be established at least 500 feet from any a) school or school grounds, b) park or playground, c) church/house of worship, d) residence, e) public library, or f) business which is primarily focused on providing services/products to children, including, for example, childcare facilities or recreational facilities with a significant youth component. Such 500-foot setback shall be measured from the smoke shop to the nearest lot line of the buffered use. The measurement from the smoke shop shall be from the closest portion of the building or portion thereof comprising the smoke shop and/or the closest exterior portions of the smoke shop where actual sales might take place (such as outdoor sales locations or a drive-through window).

Buffer to other smoke shops. Smoke shops shall be established at least 500 feet from any other smoke shop. The measurement for the 500-foot setback herein shall be from the closest portion of the building or portion thereof comprising each smoke shop and/or the closest exterior portions of each smoke shop where actual sales might take place (such as outdoor sales locations or a drive-through window).

Compliance with law. All smoke shops within the Town of Mendon shall comply with applicable law, including but not limited to New York State laws, rules, and regulations, in addition to those provisions contained in the Town of Mendon Code.

Pre-existing smoke shops. Consistent with and subject to Article VI hereof, the provisions of this section shall not apply to smoke shops which legally existed prior to enactment of this section.

The minimum lot size for the placement of a solar farm shall be 20 acres of land, which may be rented, leased or owned by the provider, and which is further located on a parcel of land where no other specially permitted use (or a previously issued special use permit) exists.

Not more than one solar farm shall be permitted on any parcel of land.

The minimum setback for each solar farm from any property line shall be 200 feet.

No solar farm shall exceed 16 feet in height above finished grade.

No solar farm shall be erected within a federal- or state -designated freshwater wetland or within any protected buffer area thereto, within a federal-designated area of special flood hazard, on a slope greater than 15% or on a site which has been determined to possess important scenic vistas.

Any cutting of live trees which exceed four inches in diameter, measured at a height of four feet above ground, to provide for the placement of a solar farm shall first be approved by the Planning Board, in consultation with the Environmental Conservation Board, as part of any preliminary site plan application. Clear-cutting of trees beyond what is deemed necessary by the Planning Board to install and maintain the solar farm shall be prohibited.

A minimum radius of 2,000 feet shall be maintained between any proposed solar farm and any existing solar farm, whether located in the Town or in any adjacent municipality.

All solar farms shall be enclosed by a fence not less than eight feet in height above ground level. The fence shall contain adequate security measures along the top of the fence to deter site vandalism.

No solar farm shall contain any signage except that identifying a health, safety or general welfare message, including but not limited to the owner of the solar farm, an emergency telephone number and solar farm site identification (i.e., solar farm number) and address.

Each solar farm and accessory structure(s) shall be adequately screened from any adjacent property and public right-of-way. To accomplish this screening, at least one row of native evergreen shrubs or other screening acceptable to the Planning Board which is capable of forming a continuous hedge at least 16 feet in height within two years of planting shall be required and maintained. This minimum screening requirement may be waived if the Planning Board determines that some other suitable screening already exists.

All utility connections shall, to the greatest extent practical, be buried. This requirement may be waived, in whole or in part, by the Planning Board, if, in its opinion, such underground facilities would be impractical due to natural conditions.

If a solar farm becomes obsolete, or not used for a period of 90 days for the purpose specified in the original approval, the solar farm shall be dismantled and removed from the site at the owner's expense within 30 days of receipt of written notice from the CEO and based upon the Planning Board declaration to the effect specified herein. All special use permits and site plan approvals shall expire as of the date of abandonment of the facility. The applicant and/or the property owner shall be required to restore the site to the condition then existing on the approval date of the initial special use permit, absent grading and landscaping required above.

The applicant shall provide the Town with an automatically renewing security bond which shall be in an amount adequate to guarantee that the solar farm and related site facilities are built, maintained and can be removed in accordance with the conditions imposed by the Town in the special use permit. Said security bond shall be in a form and of a sufficient amount which is subject to approval of the Town Attorney and Town Supervisor. Said amount shall be established upon consultation with the Town Engineer.

Access to the solar farm and facilities shall be obtained from a public right-of-way.

Each application for a special use permit and site plan approval for a solar farm facility shall be accompanied by a plan which shall reference all existing solar farm facilities that are either located within the Town or whose area extends into the Town. Include in the plan shall be:

All building permits for the erection and maintenance of a solar farm facility must be obtained within six months of the date of approval of a special use permit, and construction must be completed within 12 months of such approval. The special use permit shall expire in the event that either of these conditions have not occurred within the time periods specified herein.

Such event shall take place on a site of not less than 50 acres, which shall be suited for such an event and which shall be buffered and separated from any adjacent uses. It is contemplated that such uses are not appropriate in the EPOD areas.[1]

Separate permits shall be required for each special event. A separate permit is required for any special event which is separated by more than 48 hours from a previous special event for which a permit had been granted.

Any permit may be revoked by the permit-issuing official if, after a public hearing and notice to the permittee, he or she finds that the special event for which the permit was issued is maintained, operated or occupied in violation of law. A permit may be revoked upon request of the permittee or upon abandonment of the operation.

The applicant shall present conceptual site plans and a preliminary special use permit application to the Planning Board which includes the following, in addition to the requirements of § 260-25:

All structures, except for those specifically exempted, shall be removed from the premises within 30 days of the discontinuance of such use. A bond or letter of credit for restoration of the site may be required as a condition of approval.

Liability and property damage insurance. No permit shall be issued unless the applicant shall furnish the Town with a comprehensive liability insurance policy insuring the Town against liability for damage to person or property with limits of not less than what the Town carries for bodily injury or death and the same coverage as the Town carries for property damage, to hold the Town harmless from any and all liability or cause of action which might arise by reason of the granting of the permit, which policy shall not be cancelable without 10 days' prior written notice to the Town and which shall be in effect during the entire period of said event. Failure to keep such policy in effect will result in automatic revocation of the permit without hearing.

Proof of financial resources. The applicant shall submit a statement of financial resources prepared by a certified public accountant, showing finances sufficient to execute the plans as submitted.

The special permitted use may include any of the following:

The land devoted to this use shall not be less than 10 contiguous acres.

One principal single-family dwelling must be located on the land devoted to this use, provided that it complies with the requirements of this chapter. The land area on which the principal single-family dwelling is located (minimum lot size of RA-2 District) shall not be considered as part of the land devoted to this use as set forth in Subsection B above.

The number of horses that may be boarded and/or trained at such property shall meet the requirements of § 260-8N.

A stable shall be located as specified in § 260-8N. The storage of manure shall be located as specified in § 260-8I. The Planning Board may require manure storage areas to be screened and/or buffered from adjacent areas.

Any riding ring shall be at least 50 feet from any boundary line.

Structures on the land devoted to this use (not including the principal dwelling) shall not, in the aggregate, cover more than 5% of the area of the land devoted to this use.

Exterior lighting shall be so installed and arranged as to reflect light away from the adjoining streets and prevent any nuisance to adjoining property and shall be turned off at the end of daily operations or 11:00 p.m., whichever is earlier.[1]

The building proposed for occupancy as a bed-and-breakfast shall contain no more than three lodging rooms for hire, accommodating a maximum of six transient lodgers, as defined by the capacity of wastewater disposal system(s) and potable water supply.

The bed-and-breakfast shall be hosted by the owner or a designated full-time host, residing on the premises. "Hosted" is defined as the on-site presence of the owner at the property during the duration of the rental period. Unhosted bed-and-breakfasts are prohibited.

No bed-and-breakfast use shall be established on a lot that is within 500 feet of another lot measured along the same street frontage on which there is an existing bed-and-breakfast establishment.

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

All parking shall be located outside of the highway right-of-way, with a minimum of one space per bedroom.

Use/occupancy of the premises (including the lands on which the building sits) as a bed-and-breakfast shall be limited to those persons occupying the lodging rooms for hire. Additional invitees/guests of the persons occupying the lodging rooms for hire shall not be permitted.

In addition to the dimensional requirements set forth in Article XVII, the following site design standards shall be applicable to all townhouse dwelling unit developments:

Each townhouse dwelling unit shall be located, constructed and served by public facilities and services and utilities in such fashion that each dwelling unit may be sold individually.

Natural features, including streams, drainageways and existing trees, shall be preserved and incorporated in the landscaping of the development.

All utility lines which provide electric, gas, telephone, television or other similar services shall be installed underground. Surface-mounted equipment shall be located in a manner so as to minimize potential conflict with other uses and activities.

Plans submitted for townhouse developments shall identify areas proposed for dedication to the Town, areas to be held in common ownership and property to be owned by individuals.

Common property shall, except when accepted by the Town Board for dedication, be privately owned. Where property is to remain in common ownership, the developer shall provide for and establish an organization for the ownership and maintenance of such common property. Rules and regulations proposed to govern the operation and maintenance of all common property shall be submitted for review and approval by the Town Board. Common property shall not be changed from its status or use as common property without specific authorization of the Town Board. In reviewing proposals for the establishment of organizations to govern the ownership and maintenance of any common property, the Town Board shall consider and determine the adequacy of:

Building standards.

Townhouse parking standards.

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:

The minimum lot area shall be two acres.

A minimum area of 700 square feet of storage (or maneuvering) space shall be required for each tractor -trailer on the site. A minimum of 400 square feet of storage (or maneuvering) space shall be required for each truck on the site.

A site plan shall be approved showing the location on the property for buildings, loading areas and docks, vehicle servicing, open storage of vehicles and customer parking areas.

There shall be no on-site open storage of materials.

All repairs and service (including vehicle washing) shall be conducted within an enclosed building, except for gasoline dispensing units.

Fuel sales shall be restricted to vehicles used solely in conjunction with the truck terminal. There shall be no sale of gasoline or oil products to the general public.

All open storage of vehicles shall be located either in the side or rear yard of the site. Open storage areas shall be screened from any adjacent noncommercial site.

Vehicles may be offered for sale to the public. In no event, however, shall the sale of trucks or trailers be allowed to become the principal use of the site without first obtaining site plan approval for the sale, lease or rental of vehicles as otherwise required.

At least one of the dwelling units must be occupied by the owner of the property.

The minimum lot size, width and setback requirements for a two-family dwelling unit shall conform to the standards set forth in Article XVII.

Each dwelling unit within a two-family structure shall meet the minimum living area requirements established for single-family dwellings.

Each dwelling unit shall be served with separate utility meters, shutoff valves and waste disposal facilities.

Each dwelling unit shall have a shared driveway to a public street. In addition, each driveway shall have an improved asphalt or dust-free surface.

Each two-family dwelling structure shall have not less than two off-street parking spaces for each dwelling unit, which shall be in addition to a separate garage for each dwelling unit. These parking spaces may be designed as part of the driveway and turnaround area.

No site preparation or construction shall commence until final site plan approval has been granted and permits issued by all governmental agencies involved.

The vehicle washing facility and customary uses or operations associated with the facility shall not be located closer than 500 feet to a residential district.

All vehicle wash operations shall be so soundproofed, the entire development shall be so arranged and the operations shall be so conducted that the noise emanating therefrom, as measured from any point on the adjacent property, shall be no more audible than the noise emanating from the ordinary street traffic and from other commercial or industrial uses measured at the same point on said adjacent property.

Vacuuming facilities may be provided outside of the building but shall meet the setback requirements. Such area shall be buffered or screened as deemed necessary by the issuing board.

The only operations conducted on the property shall be the washing of vehicles and the vacuuming of interiors of vehicles.

All washing operations shall be conducted within enclosed structures, which shall be externally designed to be in keeping with the exterior facades of adjacent land uses.

Operators of car wash establishments may be permitted to sell gasoline on the site of the vehicle wash property if they meet the standards set forth in §§ 260-33 and 260-40. The issuing 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 pedestrians and to protect adjacent properties from potential adverse impacts of such use. Under no conditions shall the operator be allowed to perform repairs to motor vehicles on the site. Any merchandise available for sale shall be maintained within a fully enclosed building and should be related to automobile accessories or convenience items.

All treatment rendered shall be from within an enclosed building.

All animals kept overnight or for longer periods of time to enable recovery from any injury, disease or as part of any general observation shall be confined to either cages or suitable living areas located within an enclosed structure. In no event shall more than one animal be allowed per cage or suitable living area except for litters.

All waste products shall be kept in secure containers and disposed of through appropriate means. All outdoor containers shall be screened from adjacent sites.

All deceased animals shall be properly disposed of in a manner determined to be acceptable by all regulatory agencies.

Each site shall provide adequate off-street parking for all employees and customers.

Each clinic shall contain the name of the licensed veterinarian and an emergency telephone number that shall be prominently displayed.

Any outdoor animal run area, sized according to standards of a nationally recognized animal husbandry organization, shall be provided for each animal recovering from treatment. Each animal run area shall be within a secure fenced area and not located nearer than the side or rear yard setback of the respective zoning district. In no event shall an outdoor animal run area be allowed in the front yard portion of any site. No outdoor runs or open exercise areas shall be visible from any adjacent residential zoned site. All openings from the enclosed structure to the exercise area shall be screened and buffered from any adjacent residential sites.

No deceased animals shall be buried on the premises.

Each application for a special use permit shall be accompanied by a site plan showing all buildings on the site, exercise areas, dumpster, method of animal waste disposal, water supply and watercourses, access, parking, landscaping, signage and site lighting.

The site plan for a windmill or wind generator shall include:

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 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 high around the tower base with a locking gate 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.

Windmills shall be located or installed in compliance with the guidelines of the FAA regulations with regard to airport approach zones (15.503) and clearance around VOR and DVOR stations.

Any site proposed for a windmill shall have sufficient access to unimpeded air flow 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.

No windmill shall be installed in a location where the impact on the neighborhood character is determined by the Planning Board to be detrimental.

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 power company.

A tower shall be located in either a rear 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 the required accessory structure setback.

All windmills shall be designed with an automatic brake to prevent overspeeding 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.

Windmills shall be separate, freestanding structures.