Milo Town City Zoning Code
PART 4
Standards
§ 350-20 Accessory structures and/or uses.
A.
General. Accessory structure and/or use shall be located on the same lot of record as the permitted principal building and/or use. If a permitted principal building and/or use does not exist on a lot of record, an accessory structure or use may be constructed on such lot of record but shall be customarily incidental and subordinate to any future permitted principal building and/or use.
B.
Criteria for determining whether a use is accessory.
(1)
Use must be subordinate to the permitted principal use. A subordinate use incorporates the requirement that the accessory use be minor in relation to the permitted principal use. The following factors shall be considered in determining whether a use is subordinate:
(a)
Purpose and intent of the zoning district. The purpose and intent of the zoning district and the nature of uses allowed as a permitted principal use shall be considered. As written in its definition, an accessory use shall not be a nonconforming use, prohibited use and/or a special use.
(b)
Area devoted to the use. The area devoted to the use in relation to the permitted principal use shall be considered. However, the fact that an accessory use occupies less area than the permitted principal use does not necessarily make it subordinate, and the fact that a use occupies more area than the permitted principal use does not necessarily preclude it from being subordinate. For example, on a one-acre lot with a single-unit dwelling as the permitted principal use, gardening would nonetheless be subordinate to the permitted principal use even though the gardened portion of the lot may consume a significant portion of the lot's area.
(c)
Frequency of the use. The time devoted to the use in relation to the permitted principal use shall be considered. An occasional/seasonal use, in relation to a year-around permitted principal use, would likely be considered to be subordinate to the permitted principal use. Conversely, a purported year-round accessory use would not be subordinate to a occasional/seasonal permitted principal use.
(d)
Active versus passive activities. The relative intensity of the use, and the resulting impacts on the land and the neighboring structures and/or lots of record, shall be considered. For example, as between a landscaping business and a nursery, the landscaping business is often the more intense use because it may have a business office, employees and landscaping vehicles and equipment coming and going, as well as a storage yard where landscaping equipment and materials are stored and equipment is maintained. A nursery, on the other hand, may be limited to an area where plants are stored and watered until they can be used in the landscaping work.
(e)
Number of employees and work hours. The number of employees assigned to a use and their work hours shall be a relevant consideration. Although in most cases one may expect that the accessory use will have fewer employees than the permitted principal use, that is not always the case. For example, an equipment storage yard use may have a single employee assigned to work on storage-related activities. However, the maintenance of the stored equipment could be considered to be a permitted subordinate use, even though there are more employees performing equipment maintenance work.
(f)
Whether the use is truly subordinate to the permitted principal use or whether it is a different, alternative additional principal use. The use must truly be subordinate to the permitted principal use and not be a different, alternative or additional use. For example, a barn constructed to house heavy construction equipment used solely for construction services is a different, alternative additional use than a farm operation.
(2)
Use shall be customarily incidental to the permitted principal use. The term "incidental" incorporates the concept of a reasonable relationship with the permitted principal use. It is not enough that the use be subordinate; it must also be attendant or concomitant. To ignore this latter aspect of "incidental" would be to permit any use which is not a permitted principal use, no matter how unrelated it is to the permitted principal use. The following factors shall be considered in determining whether a use is customarilincidentalal to the permitted principal use:
(a)
The size of the lot of record and surrounding land conditions.
(b)
The nature of the permitted principal use located at the lot of record, adjacent lots of record and allowed in the applicable zoning district.
(c)
The goals, objectives and purpose of the applicable zoning district as indicated in the Comprehensive Plan and this chapter.
(d)
Whether the proposed use is customarily incidental to the permitted principal use as determined by an AHJ.
For example, the kinds of uses that are commonly, habitually and by long practice established as uses that are reasonably associated with a single-unit dwelling include garages, swimming pools, decks, gazebos, small sheds and small-scale gardening; the kinds of uses that are commonly, habitually and by long practice established as uses that are reasonably associated with a farm operation include barns, sheds, silos, the storage of farm equipment and machinery, and the raising of crops and livestock.
C.
Location. Accessory structures shall be constructed in compliance with requirements for the zoning district in which such structure is located, except as noted elsewhere in this chapter. Exemption(s):
(1)
Clothesline and flagpoles. Notwithstanding any other provision of this chapter, clotheslines and flagpoles shall be exempt from any yard requirements, provided that such poles shall be constructed of standard materials used for such purposes.
(2)
Exterior stairs not acting as a means of egress. Exterior stairs not acting as a means of egress as prescribed by the Uniform Code shall be at least five feet from any lot line. However, such stairs are permitted to be located at the MHWL at lots of record contiguous to Keuka Lake or Seneca Lake, unless permitted otherwise by an AHJ.
(3)
Private garage. A private garage shall be permitted to be located a minimum of 10 feet from the front lot line at a sloping lot of record unless it is located within the Lakefront Residential District, which such setback is five feet from a lake road.
 Figure 27 - Private Garage and Sloping Lot of Record |
(4)
Outdoor hot tubs, spas and swimming pools.
(a)
Location. Outdoor hot tubs, spas and swimming pools shall be located only at a rear and/or side yard of a lot of record.
(b)
Setbacks. Outdoor hot tubs, spas and swimming pools shall be at least five feet from any lot line, measured to the exterior wall of the pool. Filters, pumps and other appurtenant machinery shall also be located at least five feet from any lot line.
(c)
Supported by other structures. Hot tubs, spas and swimming pools that are supported by other structures (e.g., decks, porches, etc.) shall be certified by a registered design professional to support such additional loads.
(5)
School bus waiting shelter. A school bus waiting shelter shall be permitted to be located a minimum of 10 feet from the front lot line and five feet from a side lot line. Such shelter shall not be greater than 50 square feet in gross floor area.
(6)
Shoreline structure. A shoreline structure shall be permitted to be located at the MHWL unless permitted otherwise by the Keuka Lake Uniform Docking and Mooring Law of the Town, as currently in effect and as hereafter amended from time to time,[1] or an AHJ (e.g., NYSDEC, U.S. Army Corps of Engineers, etc.).
[1]
Editor's Note: See Ch. 178, Docking and Mooring.
(7)
Trams.
(a)
Registered design professional. Trams shall be designed and certified by a registered design professional.
(b)
Setbacks. A tram shall be at least five feet from any lot line. However, a tram is permitted to be located at the MHWL at lots of record contiguous to Keuka Lake or Seneca Lake unless permitted otherwise by an AHJ.
 Figure 28 - Tram |
§ 350-21 Building coverage.
The lands covered at a lot of record by principal buildings and accessory structures shall not exceed the maximum building coverage set forth in the bulk regulations for the zoning district where such lot of record is located. Exemption(s):
A.
Agricultural buildings.
B.
Driveways, sidewalks, walkways and/or similar surfaces.
C.
Exterior electrical, mechanical and plumbing equipment.
D.
Exterior means of egress.
E.
Fences and similar types of structures.
F.
Landscaping.
G.
Loading docks and parking spaces.
H.
Patios.
 Figure 29 - Building Coverage |
§ 350-22 Building height.
No structure shall have an aggregate height of a greater number of feet than is permitted in the bulk regulations for the zoning district in which such structure is located, except as noted elsewhere in this chapter. Exemption(s):
A.
Unless specifically regulated in this chapter, nothing contained herein shall limit or restrict the building height of any structure used solely for agricultural purposes; or any clothesline poles, flagpoles, church spires, belfries, clock towers, chimney flues, cupolas and domes, elevator penthouses, airport and/or heliport control towers, parapet walls extending not more than four feet above the limiting height of the structure, plumbing stacks, personal television or radio antennas, or similar structures.
§ 350-23 Demolition.
A.
Intent. The provisions contained within this section are intended to serve as supplemental requirements to the Uniform Code in order to protect the public health, safety and general welfare insofar as they are affected by the demolition of structures. Such provisions also establish procedures in order to provide a clean, level, seeded, buildable site at the conclusion of a demolition process. These regulations shall supplement and not replace the applicable provisions established within the Uniform Code.
B.
Excavation and fill. Excavation and fill for demolitions shall be executed so as not to endanger life or property. Additionally, the slope of fill surfaces shall be no steeper than is safe for the intended use. Fill slopes steeper than two units horizontal to one unit vertical (50% slope) shall be designed and certified by a registered design professional.
C.
Explosive material.
(1)
The storage, handling and use of explosive materials shall be in accordance with NFPA 495, Explosive Materials Code, as currently in effect and as hereafter amended from time to time.
(2)
All blasting operations shall be under the direct supervision of an individual who is legally licensed to use explosives and who possesses the required permits from the NYS Department of Labor or any other approval authority.
(3)
A fire watch as defined and implemented by the Uniform Code shall be required at all blasting operations.
D.
Restoration. Where a structure or a portion thereof has been demolished or removed, any disturbed area of the lot of record shall be restored to the existing grade in an approved and workmanlike manner. Such lot of record shall be seeded and landscaped in a workmanlike manner after the demolition and fill work have been completed.
E.
Safety. Safety measures shall be taken during demolition work and such measures shall comply with the applicable requirements of the Unites States Department of Labor, OSHA and the applicable provisions of the Uniform Code.
F.
Utility services. Utility services shall be abandoned and capped in accordance with the approved policies and/or regulations of the AHJ.
G.
Waste disposal. Waste shall not be accumulated within structures and shall be disposed in accordance to the law.
§ 350-24 Density.
The maximum density of dwelling units at a lot of record shall be one dwelling unit per lot of record. Exemption(s):
A.
Accessory dwelling unit where authorized by this chapter.
B.
Camp, children's overnight, where authorized by this chapter.
C.
Camp, summer day, where authorized by this chapter.
D.
Caretaker quarters where authorized by this chapter.
E.
Cottage housing development where authorized by this chapter.
F.
Extended stay hotel where authorized by this chapter.
G.
Manufactured housing community where authorized by this chapter.
H.
Multiple-unit dwelling where authorized by this chapter.
I.
Planned unit development where authorized by this chapter.
J.
Two -unit dwelling where authorized by this chapter.
§ 350-24.1 Driveways.
A.
Purpose and intent. The purpose of this section is to protect public safety and welfare in the Town by establishing minimum standards for the location, design and construction of driveways to ensure access that does not impede drainage, traffic, public safety or road maintenance; and to ensure access for emergency response vehicles and services.
B.
Applicability. The driveway standards prescribed in this section are applicable to new driveways proposed to be installed at a lot of record and such driveways are not regulated by the Uniform Code. Driveways that are regulated by the Uniform Code shall conform to the applicable provisions of such state code.
C.
Design. The design of driveways, including bridges and other supporting structure of driveways, shall facilitate passage of fire apparatus and be approved.
(1)
Accessory driveway structures. An accessory driveway structure shall have a minimum setback distance of 10 feet to any public right-of-way unless approved otherwise by an AHJ.
(2)
Bridge or elevated surface. A bridge or elevated surface, except culvert pipes approved by an AHJ, shall be designed by a registered design professional as well as reviewed and approved by the Town Engineer and the Fire Department having jurisdiction. Where a bridge or an elevated surface is part of a driveway, the bridge shall be constructed and maintained in accordance with AASHTO HB-17, as currently in effect and as hereafter amended from time to time. Bridges and elevated surfaces shall be designed for a live load sufficient to carry the imposed loads of fire apparatus. Vehicle load limits shall be posted at both entrances to bridges where required by an AHJ. Where elevated surfaces designed for emergency vehicle use are adjacent to surfaces that are not designed for such use, approved barriers, approved signs or both shall be installed and maintained where required by an AHJ.
(3)
Dimensions. Driveways shall provide a minimum unobstructed width of 12 feet and a minimum unobstructed height of 13 feet six inches.
(4)
Distance to lot lines. Driveways shall provide a minimum distance of five feet to side lot lines.
(5)
Gates. The installation of security gates across a driveway shall be approved by the Fire Department having jurisdiction. Where gates are installed, they shall have an approved means of emergency operation. The gates and the emergency operation shall be maintained operational at all times. Electric gate operators, where provided, shall be listed in accordance with UL 325, as currently in effect and as hereafter amended from time to time. Gates intended for automatic operation shall be designed, constructed and installed to comply with the requirements of ASTM F2200, as currently in effect and as hereafter amended from time to time.
(6)
Grade. The maximum driveway grade is 10%, unless written documentation from a registered design professional is submitted to the Code Enforcement Officer that such driveway and/or road cannot be built with a maximum grade of 10%, in which case, a maximum grade of 15% may be approved prior to construction. Such design professional shall design and certify the construction of such driveway and/or road.
(a)
Exception(s):
[1]
A maximum driveway grade of more than 15% shall designed by a registered design professional as well as reviewed and approved by the Town Engineer and the Fire Department having jurisdiction. Such design professional shall design and certify the construction of such driveway and/or road.
(7)
Surface. Driveways shall be designed and maintained to support the imposed loads of fire apparatus and shall have an all-weather driving surface.
D.
Maintenance. Owners of real property having access to a public highway or private road shall be fully responsible for maintenance of their driveway and channelization (e.g., culvert pipe). This maintenance responsibility includes removal of snow and ice and keeping the portion of a driveway located within a highway right-of-way in a safe condition for the general public and emergency responders.
E.
Obstructions. Driveways shall not be obstructed in any manner except for the parking of vehicles at lot of record containing only a residential use.
§ 350-25 Erosion and stormwater management.
A.
Construction activity. All land development activities shall conform to the substantive requirements of the NYSDEC's State Pollutant Discharge Elimination System (SPDES) general permit for construction activities GP-02-01 or as amended or revised.
B.
Industrial activity. All industrial activities, which such activities are classified by the NYSDEC, shall conform to the substantive requirements of the NYSDEC's State Pollutant Discharge Elimination System (SPDES) multisector general permit (MSGP) for stormwater discharges from industrial activity GP-0-12-001 or as amended or revised.
§ 350-26 Essential public services.
All structures and uses that require the extension of essential public services, such as sewers, storm drains, fire hydrants, potable water, public roads, streetlighting and similar services, shall obtain such approval as required by the AHJ providing such service prior to the start of work. No availability of essential public services shall be permitted to be grounds for denying and certificate or permit required to be issued by the Town for additional development until such services are available. The AHJ is not obligated to extend or supply essential public services. If approval to extend an essential public service is granted by the AHJ, the extension of such services shall be by and at the cost of the owner, unless deemed otherwise by the AHJ. All extensions of an essential public service shall be designed and installed in full compliance with the AHJ's standards for such service, which shall include but is not limited to review of applications, permitting and inspections.
§ 350-27 Existing structures and uses.
A.
General. Lawfully established structures and uses in existence at the time of the adoption of this chapter shall be permitted to have their existing use continued, provided such continued use is not a threat to life and safety.
B.
Additions. Additions shall be permitted to be made to any structure or use without requiring the existing portions of such structure or use to comply with the requirements of this chapter, provided that the addition conforms to the applicable provisions of this chapter for a new structure or use.
C.
Change of use. A change of use of an existing structure or use shall comply with the applicable provisions of this chapter for a new structure or use.
D.
Illegal structures and uses. Structures and uses that were illegally established prior to the adoption of this chapter shall remain illegal.
E.
Moved structures or land uses. Structures or uses moved into or within the Town shall comply with the applicable provisions of this chapter for new structures or uses.
F.
Reconstruction of existing structures. Any existing structure may be rebuilt within the same footprint and building height of such structure without complying with the applicable provisions of this chapter for new structures. The rebuilding shall start within one year from the date of the damage or start date of demolition and shall be diligently pursued to completion but shall not be greater than four years from the date of damage or start date of demolition. Lastly, the rebuilt structure shall be constructed to comply with the Energy Code, Uniform Code and/or any other applicable law.
§ 350-28 Fire separation distance between structures.
The fire separation distance for the construction, projections, openings and penetrations of exterior walls between structures shall comply with the applicable provisions of the Uniform Code.
§ 350-29 Flood damage prevention.
Land, structures and/or uses shall be regulated by the applicable provisions of the Flood Damage Prevention Law of the Town, as currently in effect and as hereafter amended from time to time.
§ 350-30 Garbage and/or rubbish containers.
At a new development containing a commercial or industrial use, all garbage and/or rubbish containers shall be located in the side or rear yard at a lot of record, set back five feet from a lot line, and not visible from the public right-of-way. In addition, garbage and/or rubbish containers at a new development containing a commercial or industrial use that is visible to a contiguous lot of record containing a residential use shall be screened. Exemption(s):
A.
Garbage and/or rubbish containers used to remove debris generated from construction activity at a lot of record.
B.
Garbage and/or rubbish containers are permitted to be located at the front yard during the time periods of collection by a recycling and/or trash hauler.
C.
Garbage and/or rubbish containers are permitted to be located at the front yard if such containers are screened from public view. However, such containers shall be set back a minimum of 10 feet from a road, including its associated right-of-way.
D.
Garbage and/or rubbish containers are permitted to be located in an area visible from the public right-of way, but such containers shall be screened from public view.
 Figure 30 - Garbage and/or Rubbish Containers Screened from Public View |
§ 350-31 Junk storage.
The storage, deposit, placement, maintenance or causing or permitting to be stored, deposited, placed or maintained outdoors any junk, regardless of quantity, within sight of persons traveling the public roads shall be regulated by the Junk Storage Law of the Town, as currently in effect and as hereafter amended from time to time.[1]
[1]
Editor's Note: See Ch. 230, Junk Storage.
§ 350-32 Landscaping.
A.
Landscaping plan.
(1)
Guidelines. The following guidelines shall be used in developing required landscaping plans:
(a)
Plants selected shall be suited to the climate and region as well as the geologic and topographic conditions of the site. Protection and preservation of native plant materials and natural areas are encouraged.
(b)
Water-intensive ornamental plant materials shall not exceed 10% of the total landscaped area.
(c)
Decorative water features should use recirculating water, when possible.
(d)
When providing for privacy and screening for adjacent land uses, visual, noise and air quality factors shall be considered.
(e)
All plant materials located in snow storage areas shall be selected to withstand the conditions associated with these areas. Additionally, all parking lot landscaping shall be salt tolerant.
(2)
Landscaping plan. Landscaping plans, if required, shall be drawn to scale, including dimensions and distances, and shall clearly delineate:
(a)
Plant materials, including trees, shrubs, ground cover, turf and other vegetation, shall be shown clearly on the plan. In addition, plants shall be labeled by botanical name, common name, caliper or container size, spacing and quantities in each group; and
(b)
Lot lines and road names; and
(c)
Driveways, roads, walkways and other paved area; and
(d)
Pools, ponds, water features, lighting fixtures, fences and retaining walls; and
(e)
Existing and proposed buildings and structures, including elevation, if applicable; and
(f)
Natural features, including but not limited to rock outcroppings, and existing plant materials that will be preserved; and
(g)
Tree staking, plant installation, soil preparation details and all other applicable planting and installation details; and
(h)
Calculation of the total landscaped area; and
(i)
Designation of recreation areas, if applicable.
(3)
Special uses. If the proposed use is a special use, the landscaping plan shall be signed and sealed by a landscape architect or registered design professional. It shall also be included in the application for a special use permit as prescribed in this chapter.
B.
Maintenance.
(1)
All required planting shall be permanently maintained in good condition and, when necessary, replaced with new plant material to ensure continued compliance with these standards. For the purpose of enforcement, the owner shall be responsible for maintenance. Maintenance shall include but is not limited to watering, weeding and pruning.
(2)
All landscaping shall be maintained to avoid creating a hazard or an obstruction to traffic or vehicular visibility, or where such comes into contact with or covers, hides or obstructs any traffic control device.
C.
Retaining walls. The requirements of this subsection shall apply to the construction, installation, extension and replacement of all retaining walls. However, retaining walls constructed as part of a public capital improvement project are exempt from these requirements.
(1)
Design. Retaining walls shall be designed to comply with any applicable provision of the Uniform Code.
(2)
Easements.
(a)
Access easement. Retaining walls shall not be constructed over a private or public access easement.
(b)
Drainage easement. Retaining walls shall not impede the normal flow of stormwater and shall not cross an open drainage channel. Retaining walls proposed in a drainage easement shall be approved by the AHJ.
(c)
Utility easement. Retaining walls shall not restrict access to utilities. Retaining walls proposed in a utility easement shall be approved by the AHJ.
(3)
Location.
(a)
General. All retaining walls shall be located on a lot of record with the consent of the owner. No retaining wall shall encroach upon contiguous lot lines unless consent is granted by the applicable owner.
(b)
Setback from road right-of-way. Retaining walls shall be set back from a public right-of-way by a minimum of 10 feet unless approved otherwise by the AHJ.
§ 350-33 Lot of record.
A.
Access.
(1)
Each lot of record shall be contiguous to a road that conforms to the requirements of the Uniform Code as it pertains to fire apparatus access roads and § 280-a of the Town Law of NYS, as currently in effect and as hereafter amended from time to time. This abutment shall have a frontage that conforms to the minimum lot width for the zoning district in which such lot is located except for flag lots, which the latter shall have at least 50 feet of frontage suitable for access by emergency vehicles.
(2)
Where topography or other natural conditions (e.g., watercourse) separates a road from a lot of record, provisions shall be made for access to such lot of record by means of culverts or other structures approved by the AHJ.
B.
Arrangement.
(1)
General. The arrangement of lots of record shall be such that in constructing a structure there will be no foreseeable difficulties for reasons of topography or other natural conditions, and each lot shall have a buildable area and building envelope that shall conform to the requirements of this chapter, except where such requirements have been modified pursuant to a cluster development approved pursuant to the Subdivision of Land Law of the Town, as currently in effect and as hereafter amended from time to time,[1] as well as a planned unit development approved pursuant to this chapter.
[1]
Editor's Note: See Ch. 295, Subdivision of Land.
(2)
Bulk regulations. A lot of record's dimensions and area shall conform to the requirements of this chapter, except where such requirements have been modified pursuant to a cluster development approved pursuant to the Subdivision of Land Law of the Town, as currently in effect and as hereafter amended from time to time,[2] as well as a planned unit development approved pursuant to this chapter.
[2]
Editor's Note: See Ch. 295, Subdivision of Land.
(3)
Side lot lines. All side lot lines shall be at right angles to straight road lines and radial to curved road lines, unless a variance from this rule will give a better designed road or lot.
(4)
Corner lots. Corner lots shall have two front yards and two or fewer side yards (i.e., no rear yard) to provide for proper building setback from each road and provide a desirable building site, and to avoid obstruction of free visibility at a road intersection.
(5)
Double frontage lots. Double frontage lots shall have two or more front yards and two or fewer side yards (i.e., no rear yard) to provide for proper building setback from each road and provide a desirable building site, and to avoid obstruction of free visibility at a road intersection.
(6)
Flag lots. Flag lots shall be prohibited except that a lot line adjustment or subdivision designed with a flag lot may be approved by the designated approval authority, which is designated by the Subdivision of Land Law of the Town, as currently in effect and as hereafter amended from time to time,[3] where an existing lot of record is landlocked and such lot line adjustment or subdivision is proposing to provide legal access to a road. Lastly, a flag lot shall comply with the following standards:
(a)
Driveway. A driveway at a flag lot shall be constructed as a fire apparatus access road in accordance to applicable provisions of the Uniform Code. In addition, a driveway at a flag lot shall have a separation distance of 20 feet from an existing contiguous driveway.
(b)
Pole configuration, road frontage. Each flag lot shall be designed to provide a "pole" that functions primarily as an accessway and egressway from a road to the main body ("flag" portion) of the lot. A minimum of 50 feet of width shall be maintained throughout the length of the pole portion. The pole portion shall be deemed to end, and the flag portion of the lot shall be deemed to commence, at the extension of the front lot line.
[3]
Editor's Note: See Ch. 295, Subdivision of Land.
§ 350-34 Mechanical equipment.
A screen shall be installed at mechanical equipment (e.g., HVAC equipment) that is located on the ground or roofs of a structure containing a nonresidential use(s). Such screen shall conceal such equipment from public view unless such equipment is located so as not to be visible from any public way.
 |
§ 350-35 Nonconformities.
A.
Purpose. Within the zoning districts established by this chapter or amendments that may be adopted, there exist lots of record, structures, uses and characteristics of a use that were lawful before this chapter or amendments thereto were adopted, but that would be prohibited or restricted under terms of this chapter or future amendments. For these reasons, regulations for the continuance, maintenance, repair, restoring, moving and discontinuance of such nonconforming lots of record, structures and uses are hereby established for the following purposes:
(1)
To permit these nonconformities to continue but to minimize significant adverse impacts on contiguous lots of record and development; and
(2)
To require a nonconforming use's permanent discontinuance if such use is abandoned or discontinues in operation after a certain period of time; and
(3)
To require conformity with this chapter if they are discontinued.
B.
Basic rights.
(1)
Existing nonconforming lots, structures, or uses may continue in the same form and use so long as the nonconformity remains otherwise compliant with this chapter.
(2)
Status as an existing nonconformity runs with the lot, structure and/or use and is not affected by changes in tenancy, ownership, or management.
C.
Determination of conformity.
(1)
Burden of proof. The owner shall have the burden to provide evidence to the AHJ that a lot, structure and/or use is an existing nonconformity.
(2)
Certificate of zoning compliance. The owner shall apply for a certificate of zoning compliance in order to obtain a determination as to whether a particular lot, structure and/or use is conforming or nonconforming. The Town is not responsible to notify an owner of the existence of a nonconformity at his/her/their lot of record.
D.
Nonconforming lot of record.
(1)
Contiguous nonconforming lots under common ownership. It is recommended but not required that contiguous nonconforming lots of record under common ownership be changed through a resubdivision (i.e., lot line adjustment or lot consolidation/merger) to create conforming lots or reduce the extent of its nonconformity.
(2)
Development permitted. Any nonconforming lot of record may still be developed by any use which is permitted principal use or special use within its applicable zoning district. However, any development on said lot shall comply with the applicable provisions of this chapter.
(3)
Further subdivision prohibited. A nonconforming lot of record shall not be further subdivided but its lot lines may be changed via a resubdivision (i.e., lot line adjustment or lot consolidation/merger) pursuant to the Subdivision of Land Law of the Town, as currently in effect and as hereafter amended from time to time,[1] but only if the extent of the nonconformity remains unchanged or is reduced.
[1]
Editor's Note: See Ch. 295, Subdivision of Land.
E.
Nonconforming structures. A nonconforming structure may continue to exist, provided that it remains otherwise lawful, subject to the following conditions:
(1)
Any nonconforming structure shall not be enlarged or altered in a manner that increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity.
(2)
Any nonconforming structure which is intentionally altered to conform to an applicable provision of this chapter shall thereafter conform to such provision and the nonconformity may not be renewed.
(3)
Any nonconforming structure may be altered in order to provide accessibility to physically disabled persons, which such accessibility shall conform to the Uniform Code.
(4)
Any nonconforming structure may be altered in order to comply or increase its compliance with an applicable provision prescribed in the Energy Code or Uniform Code.
(5)
Any nonconforming structure may be altered in order to comply or increase its compliance with any applicable regulation or rule of an AHJ.
(6)
If a nonconforming structure is moved for any reason, for any distance, it shall thereafter conform to the applicable provisions of this chapter.
(7)
If a nonconforming structure is, by any cause, damaged or determined to be an unsafe structure by an AHJ, the structure may be rebuilt to the same building area, building footprint, building height and location on the lot of record with the nonconformity resumed. The rebuilding shall start within one year from the date of the damage and shall be diligently pursued to completion but shall not be greater than four years from the date of damage. Lastly, the rebuilt structure shall be constructed to comply with the Energy Code, Uniform Code and/or any other applicable law.
F.
Nonconforming uses. A nonconforming use may continue to exist, provided that it remains otherwise lawful, subject to the following conditions:
(1)
Any nonconforming use shall not be enlarged, increased or extended to occupy a greater area of land or gross floor area within a structure.
(2)
Any nonconforming use shall not be moved in whole or in part to any other portion of the lot, to another structure, and/or to another lot of record.
(3)
An accessory use shall not become a nonconforming use.
(4)
Any nonconforming use may be altered to decrease its nonconformity.
(5)
Any nonconforming use may be altered in order to provide accessibility to physically disabled persons, which such accessibility shall conform to the Uniform Code.
(6)
Any nonconforming use may be altered in order to comply or increase its compliance with an applicable provision prescribed in the Energy Code or Uniform Code.
(7)
Any nonconforming use may be altered in order to comply or increase its compliance with any applicable regulation or rule of an AHJ.
(8)
Any nonconforming use which is intentionally altered to conform to an applicable provision of this chapter shall thereafter conform to such provision and the nonconformity may not be renewed.
(9)
Any nonconforming use shall be terminated if it is abandoned or discontinues in operation for more than one year from the date of such abandonment or discontinuance. Evidence of abandonment or discontinuance of a nonconforming use shall be based on any one of the following factors:
(a)
Written documentation indicating lack of ownership from an AHJ.
(b)
Written documentation indicating a change in use from an AHJ.
(c)
Written documentation indicating discontinuance of essential utilities such as electricity, wastewater and/or water from an AHJ.
(10)
If a nonconforming use is, by any cause, damaged to the extent of 50% of its assessed value prior to the date of damage as determined by the AHJ, it shall not thereafter be operated as such.
G.
Maintenance and repair. No regulation described within this chapter shall be deemed to prevent the maintenance and repair of a nonconforming lot of record, structure or use.
§ 350-36 Operational performance standards.
The operational performance standards contained herein are applicable to the development and operation of all commercial and/or industrial uses in the Town in order to protect the environment and the public health, safety and general welfare.
A.
Air pollution. Any use which causes or tends to cause the release of air contaminants into the atmosphere shall comply with applicable laws, rules and regulations governing such release.
B.
Dangerous materials. No material that is dangerous due to explosion, extreme fire haza
C.
Electromagnetic radiation and/or interference. No use shall cause or tend to cause electromagnetic radiation and/or interference in such quantities as to violate the accepted levels as established by the FCC, NYS Department of Labor, Division of Safety and Health, or OSHA.
D.
Glare and heat. Any use producing intense glare or heat shall be conducted in such a manner so that the glare or heat shall be completely imperceptible from any point along a lot line.
E.
Liquid or solid wastes. Any use that causes or tends to cause the discharge or other release of liquid or solid waste shall comply with applicable laws, rules and regulations governing such discharge or release.
F.
Noise. No use that causes or tends to cause noise in such quantities as to violate the accepted levels as established by the NYS Department of Labor, Division of Safety and Health or OSHA.
G.
Odorous matter. Any use that causes or tends to cause the discharge or other release of odorous matter shall comply with applicable laws, rules and regulations governing such discharge or release.
H.
Radiation.
(1)
Any use shall comply with the regulations of the U.S. Atomic Energy Commission set out in Chapter 1 of Title 10 of the CFR which apply to by-product material, source material and special nuclear material, as those terms are defined in Section 11(e), (z), and (aa) of the Atomic Energy Act of 1954, as amended [42 U.S.C. § 2014(e), (z), and (aa)], as currently in effect and as hereafter amended from time to time.
(2)
No use shall cause radiation emissions that are in violation of the Radiation Control for Health and Safety Act of 1968 (PL 90-602), as currently in effect and as hereafter amended from time to time, or the implementing regulations of the NYSDOH established pursuant thereto.
I.
Vibration. Any use that causes or tends to cause ground vibration, which is perceptible without instruments, in such quantities as to produce a public nuisance or hazard beyond the lot occupied by the use shall not be permitted.
§ 350-37 Outdoor lighting.
A.
Applicability. These standards for outdoor lighting shall apply to any new development containing a commercial and/or industrial use(s). Such standards are intended to provide safe, convenient, and efficient lighting for pedestrians and operators of vehicles in a manner that mitigates significant adverse impacts typically associated with outdoor lighting. Exemption(s):
(1)
Holiday decorations.
(2)
Illuminated signs that conform with the sign control regulations prescribed in this chapter.
(3)
Interior lighting.
(4)
Lighting integral to equipment and/or instrumentation, which such lighting was installed by the manufacturer.
(5)
Navigation lights (i.e., airports, docks, heliports, radio/television towers, etc.).
(6)
Outdoor lighting fixtures existing and operative prior to the effective date of this chapter.
(7)
Outdoor lighting used for special events (e.g., carnivals, fairs, weddings, etc.).
(8)
Outdoor lighting installed at farm operations.
(9)
Outdoor lighting mandated by law.
(10)
Outdoor lighting used for theatrical purposes, including but not limited to performance, stage, film production and video production.
(11)
Outdoor lighting used to highlight features of public monuments and registered landmark structures.
(12)
Streetlights installed at a road and its associated right-of-way.
(13)
Temporary emergency lighting (i.e., fire, police, repair workers).
(14)
Traffic control signals and devices.
B.
Standards. All lighting fixtures designed or placed so as to illuminate any portion of a lot of record shall meet the following requirements:
(1)
Fixture (AKA "luminaire"). The light source shall be concealed and shall not be visible from any road or adjacent lot of record. In order to direct light downward and minimize the amount of light spillage into the night sky and onto adjacent lots of record, all lighting fixtures shall be full cutoff fixtures. Only architectural lighting may be directed upward, provided that all other provisions of this section are met.
 Figure 32 - Difference in Light Spillage from No Cutoff and Full Cutoff Light Fixtures |
(2)
Fixture height. Lighting fixtures shall be a maximum of 25 feet in height within parking lots and shall be a maximum of 15 feet in height within nonvehicular pedestrian areas. Exemption(s):
(a)
The maximum height of a light fixture for recreational and sports field lighting shall not exceed the maximum building height for a principal building allowed at the applicable zoning district.
(b)
Height of light fixtures mandated by an AHJ or law.
 Figure 33 - Outdoor Lighting, Fixture Height |
(3)
Limit lighting to periods of need. To eliminate unneeded lighting, outdoor lighting systems are encouraged to include automatic timers, dimmers, sensors, or similar controls that will turn off such lights during daylight hours and when the use is not occupied or open for business.
(4)
Outdoor lighting required for specific uses.
(a)
Architectural accent lighting. Outdoor lighting fixtures used to accent architectural features, materials, colors, landscaping or art shall be located, aimed and shielded so that light is directed only on those features.
 Figure 34 - Architectural Accent Lighting |
(b)
Canopy area lighting. All lighting fixtures mounted on the underside of canopies must be "full-cutoff" classified, being either completely recessed/flush in the canopy, or having solid sides on a surface mounted fixture. (Note: Canopy edges do not qualify as shielding.)
 Figure 35 - Canopy Area Lighting |
(c)
Recreational and sports field lighting.
[1]
Design. Outdoor recreational and sports field lighting systems shall be designed and certified by a registered design professional, which such design shall conform to the following industry standards, if applicable:
[a]
Energy Code.
[b]
IESNA Sports and Recreational Area Lighting (IESNA RP-6), as currently in effect and as hereafter amended from time to time.
[c]
IESNA Lighting for Exterior Environments (IESNA RP-33), as currently in effect and as hereafter amended from time to time.
[d]
IESNA Guide for Photometric Measurements of Area and Sports Lighting Installations (IESNA LM-5), as currently in effect and as hereafter amended from time to time.
[e]
IESNA Light Trespass: Research, Results and Recommendations (IESNA TM-11), as currently in effect and as hereafter amended from time to time.
[f]
International Dark Sky Association - Community Friendly Outdoor Sports Lighting Program Guidelines, as currently in effect and as hereafter amended from time to time.
[g]
International Dark Sky Association certification and field verification. Outdoor recreational and sports field lighting systems shall obtain the International Dark Sky Association's certification and field verification letters to document compliance with its Community Friendly Outdoor Sports Lighting Program. A copy of these letters shall be submitted to the Town.
[h]
National Little League Association Standards and Safety Audit, as currently in effect and as hereafter amended from time to time.
[i]
Uniform code.
[2]
Maximum height of light fixture. The maximum height of a light fixture for recreational and sports field lighting shall not exceed the maximum building height for a principal building allowed at the applicable zoning district.
 Figure 36 - Recreational and Sports Field Lighting |
(d)
Security lighting. Outdoor security lighting shall be designed to provide safety to a building's occupant as it pertains to the outdoor illumination of means of egress that is mandated by the Uniform Code. In order to minimize the amount of light trespass, all security lighting fixtures shall be shielded and aimed so that the main beam is directed toward the ground or designated area where security lighting is needed.
 Figure 37 - Security Lighting |
§ 350-38 Outdoor storage.
A.
Outdoor storage at a commercial or industrial use.
(1)
Area. Outdoor storage shall not occupy more than 40% of the lot area of a lot of record.
(2)
Buffer. A buffer shall be installed between areas dedicated to outdoor storage and a contiguous lot of record containing a residential use. However, this requirement shall not be deemed to apply to construction materials stored on a site during a period of construction or agricultural equipment, materials and/or products used in conjunction with a farm operation.
(3)
Location. Areas dedicated to outdoor storage shall be located within the building envelope that is permitted for an accessory structure at the applicable zoning district.
 Figure 38 - Outdoor Storage at a Commercial Use |
B.
Outdoor storage at a residential use.
(1)
Recreational vehicles.
(a)
Recreational vehicles stored in the open at the exterior property areas of a lot of record shall be owned by an occupant whose permanent place of abode is the subject lot of record.
[1]
Exemption(s). Recreational vehicles that are being parked or stored while the owner of such vehicle(s) is:
[a]
A full-time student of the immediate family attending a school, college or university;
[b]
A member of the United States Armed Forces; or
[c]
Suffering from an injury or illness requiring hospitalization or confinement to a bed.
(b)
Recreational vehicles shall not have any fixed connections to electricity, gas, wastewater and/or water facilities, nor shall any recreational vehicle be used at any time as habitable space while parked or stored at a lot of record.
(c)
Recreational vehicles shall be kept in good repair and in working condition, with current license plate and registration.
(d)
Setbacks. A recreational vehicle stored in the open at the exterior property areas of a lot of record shall be set back a minimum of:
[1]
A recreational vehicle shall not be stored in the open at the exterior property areas of the front yard of a lot of record. Exemption(s):
[a]
One recreational vehicle is permitted to be stored in the open at the exterior property areas of the front yard of a lot of record but shall be located at the driveway for such lot.
[2]
A recreational vehicle stored in the open at the exterior property areas of a lot of record shall be set back a minimum of five feet from the rear lot line of such lot.
[3]
A recreational vehicle stored in the open at the exterior property areas of a lot of record shall be set back a minimum of five feet from the side lot line of such lot.
 Figure 39 - Outdoor Storage of Recreational Vehicles |
C.
Outdoor storage at a vacant lot of record. Outdoor storage at a vacant lot of record shall conform to the regulations pertaining to outdoor storage at a residential use. Exemption(s):
(1)
At the Agriculture (AG) and Agricultural Residential (AR) Zoning Districts, one recreational vehicle is permitted to be stored in the open at the exterior property areas of a vacant lot of record but shall conform to the dimensional requirements for a principal building at the applicable zoning district.
(2)
At the Agriculture (AG) and Agricultural Residential (AR) Zoning Districts, one recreational vehicle that is stored in the open at the exterior property areas of a vacant lot of record is permitted to have fixed connections to utilities, whether private or public, and it may be used for occasional occupancy solely for recreational purposes by the owner of the vacant lot of record. Such vehicle shall be designed by the manufacturer for such use and shall not be used for permanent occupancy at any time.
§ 350-39 Parking and loading spaces.
A.
Applicability. The standards prescribed in this section shall apply to a new use at a lot of record. Such standards are intended to ensure there are adequate amounts of off-road parking and loading spaces to adequately serve such use(s). Exemption(s):
(1)
Any parking or loading space that lawfully existed prior to the effective date of this chapter shall not be subject to the provisions of this section, provided the parking or loading space is not changed. Alterations, expansions, or conversions of uses that would increase the amount of parking or loading spaces required shall conform to these regulations.
B.
Loading spaces.
(1)
When required. Uses involving the frequent receipt or distribution of materials or merchandise by vehicles shall provide and permanently maintain adequate space for standing, loading, and unloading services in order to avoid undue interference with public use of roads, and thus, help relieve traffic congestion.
(2)
Standards.
(a)
Every such structure housing such a use and having over 25,000 square feet of gross floor area shall be provided with at least one loading space on the lot of record not less than 12 feet in width, 25 feet in length, and 14 feet in height. One additional loading space of these dimensions shall be provided for every additional 50,000 square feet or fraction thereof of gross floor area in the structure.
(b)
Permeable surfaces are preferred but not required at loading spaces for environmental and drainage reasons.
(c)
No loading space shall be located at a front yard of a lot of record. Provisions for handling of all freight shall be on those sides of any structure which do not face on any road, whether private or public, unless approved otherwise via the issuance of a special use permit as prescribed by this chapter.
 Figure 40 - Loading Space |
C.
Parking spaces.
(1)
General. In all zoning districts, parking spaces for all uses shall be provided and permanently maintained in accordance with Table 1 - Number of Parking Spaces. Where no requirement is designated and the use is not comparable to any of the listed uses, the minimum parking space(s) shall be determined based upon the capacity of the structure and its associated uses. The designated approval authority may consult with the Town Engineer or other resources in making his or her determination. Exemption(s):
(a)
Parking demand study. Based on the completion and submittal of a parking demand study prepared and sealed by a professional traffic operations engineer (PTOE), the designated approval authority may approve a reduction in the amount of parking from that otherwise required by this section. The parking demand study shall be prepared in accordance with established professional practices, such as but not limited to Parking Generation, current edition, by the ITE.
Table 1 — Number of Parking Spaces | |
|---|---|
Use | Number of Parking Spaces |
Assembly | |
Bar, restaurant or tavern | 1 per 4 occupants at maximum capacity |
Funeral establishment | 1 per 6 occupants at maximum capacity |
Place of worship | 1 per 6 occupants at maximum capacity |
All other uses | 1 per 6 occupants at maximum capacity |
Business | |
All uses | 1 per 500 square feet of net floor area |
Educational | |
Elementary school | As determined by the NYSED |
Higher education school | Determined by parking demand study |
Parochial school | 2 per classroom plus 1 per 10 students |
Private high school | 2 per classroom plus 1 per 10 students |
Secondary school | As determined by the NYSED |
Hotel/Motel | |
Hotel/motel | 1 per unit plus 1 per employee during largest working shift |
Industrial | |
All uses | 1 per each employee during largest working shift |
Institutional | |
Hospice | 1 per 4 beds plus 1 per employee during largest working shift |
Hospital | Determined by parking demand study |
Medical clinic, medical office | 1 per examination room plus 1 per employee during largest working shift |
Medical marijuana dispensary | Determined by parking demand study |
Veterinary Facility | 1 per examination room plus 1 per employee during largest working shift |
Mercantile | |
All uses | 1 per 350 square feet of net floor area |
Recreational | |
Camp, children's overnight | Determined by parking demand study |
Camp, summer day | Determined by parking demand study |
Recreational facility | Determined by parking demand study |
Summer day cabins | Determined by parking demand study |
All other uses | Determined by parking demand study |
Residential | |
Bed-and-breakfast dwelling | 1 per sleeping room plus any dwelling unit requirements |
Boardinghouse | 1 per sleeping room |
Cottage housing development | 2 per cottage |
Dormitory, fraternity and/or sorority | Determined by parking demand study |
Dwelling unit | 2 |
Home occupation | 2 plus any dwelling unit requirements |
Manufactured housing community | 2 per manufactured housing community site |
Storage | |
All uses | 1 per employee during largest working shift |
Vehicle Related Uses | |
Vehicle repair station | 2 plus 1 per bay |
Vehicle service station | 1 per 350 square feet of net floor area |
Vehicle sales | 4 plus 1 per employee during largest working shift |
Vehicle rental | 1 per 1,000 square feet of net floor area |
(2)
Accessible spaces. Accessible parking spaces and passenger loading zones shall be provided in accordance with the ADA Standards for Accessible Design, as currently in effect and as hereafter amended from time to time, and/or the Uniform Code.
(3)
Combination of uses. Where there is a combination of uses on a lot of record, the required number of parking spaces shall be the sum of that found for each use.
(4)
Location of lot. The parking spaces required by this section shall be provided on the same lot of record as the use. Exemption(s):
(a)
Municipal parking. Uses within 500 feet of a municipal parking lot or designated on-road parking may be wholly or partially exempt from the parking space requirements at a lot of record if approval is obtained by the AHJ of such parking lot or on-road parking.
(b)
Shared parking. Parking space requirements for two or more uses that are located on the same lot of record or a contiguous lot of record may be allowed to share parking spaces if a shared parking agreement, which shall be approved by the Town Attorney, is executed and such agreement is recorded at the Office of the County Clerk against the deed(s) of affected lot(s) of record.
(5)
Parking spaces at a residential use. Parking spaces at a lot of record whose principal use is a residential use may be provided within a carport, private garage or a similar type of accessory structure designed for vehicular storage or in the open at a designated driveway associated with such use.
 Figure 41 - Parking Spaces at a Residential Use |
(6)
Standards. Parking spaces shall be installed and permanently maintained in accordance with Table 2 - Dimensional Standards of Parking Spaces.
Type of Parking Angle
Table 2 — Dimensional Standards of Parking Spaces | ||||
|---|---|---|---|---|
Type of Parking Space | Angle of Parking Space (degrees) | Length of Parking Space | Width of Parking Space (feet) | Aisle Width (feet) |
Traditional | 90° | 19 feet | 9 | 24 |
Traditional | 60° | 21 feet | 9 | 18 |
Traditional | 45° | 19 feet 10 inches | 9 | 13 |
Accessible | 90° | 19 feet | 13 | 24 |
Accessible | 60° | 21 feet | 13 | 18 |
 Figure 42 - Dimensional Standards of Parking Spaces |
(a)
Parking and loading spaces shall be set back a minimum of 10 feet from a public right-of-way unless approved otherwise by the AHJ.
(b)
Parking spaces for residential uses shall be located on the same lot of record as the dwelling unit they are intended to serve.
(c)
Parking spaces for nonresidential uses shall be located on the same lot of record unless a shared parking agreement is approved by the Town Attorney as well as it being located within 500 feet of the structure it is intended to serve.
(d)
Permeable surfaces are preferred but not required at parking spaces for environmental and drainage reasons.
D.
Parking lots.
(1)
Design. Parking lots for a new development containing a nonresidential use(s) shall be grouped in blocks of parking spaces of no more than 50 contiguous parking spaces. These spaces may be in a linear row or two or more parallel rows. A landscaped area of at least 12 feet wide shall separate parking areas.
 Figure 43 - Example of a Parking Lot |
(2)
Landscaping. Any new development containing a nonresidential use(s) requiring more than 50 parking spaces shall be required to have the following amount of landscaping in parking lots:
(a)
For parking lots with fewer than 150 parking spaces, landscaping islands shall be a minimum of 10% of the parking area.
(b)
For parking lots with 150 parking spaces or more, landscaping islands shall be a minimum of 20% of the parking area.
(c)
Landscape islands. The size and number of landscape islands shall be required as identified below. These requirements shall not apply when a row of parking spaces is located under a structure or at the end of a parking row that coincides with a required front, side or rear yard:
[1]
A parking row containing fewer than 15 contiguous parking spaces shall be terminated by a landscape island with a minimum dimension of nine feet in width by 18 feet in length.
[2]
A parking row containing between 15 and 30 contiguous parking spaces shall be:
[a]
Terminated by a landscape island with a minimum dimension of 12 feet in width by 18 feet in length, which is illustrated as Option A in the below figure; or
[b]
Terminated by a landscape island with a minimum dimension of nine feet in width by 18 feet in length and shall contain one landscape island in the middle of the row with a minimum dimension of nine feet in width by 18 feet in length, which is illustrated as Option B in the below figure.
 Figure 44 - Example of Landscape Island(s) at Parking Lot |
(3)
Setback(s). In any off-road parking area, other than that provided for a single- or two-unit dwellings, no vehicle shall be allowed to park closer than five feet to any lot line. However, any buffer requirement(s) prescribed in this chapter shall be satisfied and may be more restrictive.
§ 350-40 Principal use.
A.
Lakefront Residential (LRES) Zoning District. In the Lakefront Residential (LRES) Zoning District, it is prohibited to have more than one principal use at a single lot of record. Exemption(s):
(1)
A lot of record that contains a single-unit dwelling as well as farm operation excluding livestock.
B.
Other zoning districts. Except for the Lakefront Residential (LRES) Zoning District, more than one principal use (AKA "mixed use development") but not greater than three principal uses may be operated at a lot of record, provided it conforms to all of the following:
(1)
The uses proposed at a mixed use development are authorized at the zoning district it is proposed to be located.
(2)
The proposed uses at a mixed use development conform to the standards prescribed in this chapter.
(3)
The mixed use development conforms to the applicable requirements of the Uniform Code, such as but not limited to the installation of fire rated assemblies, fire protection systems and/or fire separation distances.
(4)
At a mixed use development, a lot of record shall have a minimum lot area that equals the minimum lot area mandated by the subject zoning district times by the number of proposed uses. For example, an owner of a lot of record at the Agricultural Residential Zoning District proposes two distinct principal uses. This chapter prescribes that the minimum lot area for such zoning district is two acres. Therefore, such lot of record shall have a minimum lot area of four acres, which is the product of two acres times by two proposed uses. Exemption(s):
(a)
A lot of record whose principal uses are a farm operation and single-unit dwelling.
§ 350-41 Projections in yards.
A.
Accessible ramps and lifts. Accessible ramps and lifts shall be exempt from yard requirements. However, accessible ramps and lifts shall not encroach on any public way or contiguous lot of record. Furthermore, accessible ramps and lifts shall not be constructed in such a manner as to create a hazard to the general public. Lastly, such ramp and lift shall be set back from a contiguous lot line pursuant to the applicable provisions of the Uniform Code or five feet, whichever requirement is more restrictive.
 Figure 45 - Accessible Ramp Encroachment upon Yard(s) |
B.
Architectural features. Architectural features (e.g., sills, belt courses, pilasters, leaders, cornices, eaves and other types of ornamental features) may extend not more than two feet into any required yard. Lastly, such projection shall be separated from a contiguous lot line pursuant to the applicable provisions of the Uniform Code or five feet, whichever requirement is more restrictive.
C.
Bay. Bays, including their cornices and eaves, may extend not more than two feet into any required yard, provided that the sum of such projections on any building elevation shall not exceed 1/4 the length of such elevation. However, bays shall not encroach on any public way or contiguous lot of record. Furthermore, bays shall not be constructed in such a manner as to create a hazard to the general public. Lastly, such bay shall be set back from a contiguous lot line pursuant to the applicable provisions of the Uniform Code or five feet, whichever requirement is more restrictive.
D.
Chimneys. Chimneys or other types of exhaust systems may extend not more than three feet into any required yard. Lastly, such projection shall be separated from a contiguous lot line pursuant to the applicable provisions of the Uniform Code or five feet, whichever requirement is more restrictive.
 Figure 46 - Architectural Features, Bay and Chimney Encroachment upon Yard(s) |
E.
Emergency standby generator. An emergency standby generator serving a principal building and/or accessory structure at a lot of record shall be set back from a contiguous lot line pursuant to the applicable provisions of the Uniform Code, the manufacturer's installation instructions or five feet, whichever requirement is more restrictive.
F.
HVAC. An HVAC unit serving a principal building and/or accessory structure at a lot of record shall be set back from a contiguous lot line pursuant to the applicable provisions of the Uniform Code, the manufacturer's installation instructions or five feet, whichever requirement is more restrictive.
G.
Means of egress. A means of egress shall be exempt from yard requirements. However, any type of means of egress shall not encroach on any public way or contiguous lot of record. Furthermore, a means of egress shall not be constructed in such a manner as to create a hazard to the general public. Lastly, such means of egress shall be set back from a contiguous lot line pursuant to the applicable provisions of the Uniform Code or five feet, whichever requirement is more restrictive.
H.
Temporary agricultural building. A temporary agricultural building (e.g., temporary greenhouse) shall be exempt from yard requirements. However, a temporary agricultural building shall not encroach on any public way or contiguous lot of record. Furthermore, a temporary agricultural building shall not be constructed in such a manner as to create a hazard to the general public. Lastly, such agricultural building shall be set back from a contiguous lot line pursuant to the applicable provisions of the Uniform Code or five feet, whichever requirement is more restrictive.
§ 350-42 Property maintenance.
A.
The maintenance of all lands, structures and/or uses shall be regulated by the Uniform Code or any other applicable law.
B.
Boarding standards.
(1)
A door or window at a structure shall not be boarded except under the following circumstances:
(a)
A door or window may be boarded for a period of time not to exceed six months due to a disaster or emergency related event (e.g., fire or hurricane).
(b)
A door or window may be boarded for a period of time not to exceed six months due to a replacement of a door, window or portion thereof, such as but not limited to a broken pane of glass.
(c)
A structure required to be boarded to protect life and safety as determined by an AHJ.
(2)
If a door or window is boarded, it shall be boarded in a workmanlike manner and shall continue to appear as a window or door.
 Figure 48A - Prohibited Type of Boarding |  Figure 48B - Permitted Type of Boarding |
C.
Shoreline structures. A shoreline structure shall comply with any applicable law as well as be maintained in good repair and structurally sound.
§ 350-43 Steep slopes.
The disturbance of a steep slope shall be regulated by the Protection of Steep Slopes Law of the Town, as currently in effect and as hereafter amended from time to time.[1]
[1]
Editor's Note: See Ch. 287, Steep Slopes.
§ 350-44 Streams.
A.
Intent. The intent of this section is to prevent loss of life and property due to flooding and erosion by establishing requirements for minimum setbacks between perennial streams and principal buildings or accessory structures that are located at a lot of record.
B.
Applicability. The requirements of this section apply to all new principal buildings and/or accessory structures proposed to be located at a lot or record, which also contains a perennial stream, in any zoning district of the Town. The replacement, renovation or restoration of existing principal buildings and/or accessory structures located within the minimum setback between perennial streams and such buildings and/or structures shall be permitted under the following conditions:
(1)
The existing principal building's and/or accessory structure's footprint within such setback is in the same location; and
(2)
The existing principal building's and/or accessory structure's encroachment into such setback shall not be made more nonconforming by such replacement, renovation or restoration.
C.
Setback.
(1)
Measurement. The setback from perennial streams to principal buildings and/or accessory structures shall be measured from the closest stream bank of such stream to the building line of such building and/or structure.
 Figure 47 - Setback from Perennial Streams |
(2)
Minimum setback. The minimum setback between perennial streams and principal buildings and/or accessory structures shall be 10 feet. Exemption(s):
(a)
Principal buildings and/or accessory structures may encroach upon such setback only if flood control, stormwater management structures, and/or stream bank stabilization measures are designed and sealed by a registered design professional.
§ 350-45 Temporary structures or uses.
A.
Compliance required. Temporary structures and/or uses shall comply with the applicable regulations of this chapter as it pertains to permanent structures and/or uses. Exemptions:
(1)
Agricultural business that is temporary in nature (e.g., holiday related seasonal sales, farm stand, etc.).
(2)
Temporary agricultural building.
 Figure 48 - Temporary Agricultural Building |
(3)
Temporary emergency and disaster shelter when approved by an AHJ.
 Figure 50A - Temporary Emergency and Disaster Shelter |
B.
Standards.
(1)
Any temporary use shall be a permitted principal use allowed within the applicable zoning district.
(2)
Any temporary structure shall be completely removed within five business days upon the termination of the temporary use.
(3)
Any temporary use at a lot of record shall have adequate on-site parking, ingress, egress, traffic control, garbage/rubbish containers, fire protection, and sanitary facilities to host such a use.
(4)
Any temporary structure and/or use shall comply with the Uniform Code or any other applicable law.
(5)
Any temporary use of hazardous material or disposal of hazardous waste is prohibited.
(6)
Any temporary use shall not cause external effects, such as but not limited to offensive odors, increased lighting or glare, dust, smoke, noise or vibration detectable to normal sensory perception at the property line of a contiguous lot of record.
§ 350-46 Unobstructed sight distance.
A.
Height of unobstructed sight distance. No structure shall be located in the visibility triangle that shall obstruct the visibility of drivers between a height of three feet and 10 feet unless approved otherwise by the AHJ.
 Figure 49 - Height of Unobstructed Sight Distance |
B.
Visibility triangle. At an intersection of two or more public roads, the visibility triangle is the triangular area formed by the edge of a public road, which shall not include its associated right-of-way, and a line connecting them at points a minimum of 30 feet from the intersection of such edge of road. Depending on the curvature and grade of intersecting public roads, the AHJ may require a larger triangular area.
 Figure 50 - Visibility Triangle |
§ 350-47 Utility lines.
All on-site utility lines shall be placed underground. However, nothing contained in this section shall prohibit:
A.
The temporary aboveground location of utility lines during construction or emergency conditions.
B.
Renewal, reinstallation, relocation, replacement, repair or maintenance of existing aboveground utility lines; or installation of aboveground utility lines in location predominantly served by existing aboveground utility lines.
C.
Aboveground utility lines where underground location would not be feasible due to soil conditions, physical obstructions or terrain.
D.
Above-grade location of transformers, service or meter pedestals and similar accessory installations, including any aboveground utility lines necessarily or customarily extending above grade in an underground utility line system.
§ 350-48 Yards.
Yards define the minimum open space to be provided along the perimeter of a lot of record. Yards are the minimum setback distance required between a lot line and a building line as set forth in the zoning district where such lot of record is located. Lastly, every part of a required yard shall not contain structures except where:
A.
Projections at principal buildings or accessory structures that are permitted to encroach as prescribed by this chapter;
B.
Any building or structure that is permitted or has been granted a variance to encroach as prescribed by this chapter.
§ 350-49 Accessory dwelling unit.
A.
Intent. The Town recognizes that there are many benefits associated with the creation of legal accessory dwelling units on a lot of record. These benefits include but are not limited to:
(1)
Accessory dwelling units at owner occupied lots of record foster better property maintenance and neighborhood stability.
(2)
Accessory dwelling units provide the opportunity for increased security and companionship for older or other owners who fear crime and personal accidents.
(3)
Accessory dwelling units help meet the growth management goals of the Comprehensive Plan by creating more housing opportunities without the need to subdivide existing lots of record.
(4)
Accessory dwelling units enhance the local property tax base.
(5)
Benefiting older and younger owners, single parents and the disabled.
(6)
Increasing the supply of affordable housing without government subsidies.
(7)
Providing a cost-effective means of accommodating development by making better use of existing infrastructure and reducing the need to provide new infrastructure.
(8)
Providing a means for adult children to give care and support to a parent in a semi-independent living arrangement.
(9)
Providing owners with extra income to help meet the rising cost of home ownership.
(10)
Reducing the incidence of housing deterioration and blight by preventing absentee ownership of property.
(11)
Reducing the number of applications for subdividing lots of record in order to provide housing for family members.
B.
Construction, fire prevention and maintenance.
(1)
The design, color, material and texture of the exterior building surfaces utilized at an accessory dwelling unit shall be substantially the same as the principal building. Furthermore, an accessory dwelling unit shall be designed and classified as an independent single-unit dwelling and such unit shall conform to the standards prescribed in this chapter for dwelling units.
(2)
An accessory dwelling unit shall comply with the applicable provisions of the Energy Code, Uniform Code and/or any other local, state and/or federal law.
(3)
The net floor area of an accessory dwelling unit shall not exceed 1,500 square feet.
C.
Deed restrictions. Prior to the authorization of an accessory dwelling unit by the Town, the owner shall provide written proof to the designated approval authority that a covenant setting forth all of the following requirements, which shall be in a form satisfactory to the Town Attorney, and such covenant has been recorded in the Office of the County Clerk:
(1)
A reference to the deed under which the lot of record was acquired by the owner.
(2)
A restriction that the accessory dwelling unit shall not be sold or owned separately, and the lot of record upon which the unit is located shall not be subdivided in any manner that would authorize such sale or ownership.
(3)
A restriction that the accessory dwelling unit is an independent dwelling unit only so long as principal building is occupied by the owner as his or her permanent place of abode in accordance to the records of the Town Assessor.
(4)
The restrictions described herein shall be binding upon any successor in ownership of the lot of record.
D.
Maximum number per lot of record. In no case shall more than one accessory dwelling unit be located on a lot of record.
E.
Owner occupancy required. The owner of the lot of record in which the accessory dwelling unit is located, or, if the owner of such lot of record is a trust, the grantor of the trust shall occupy the principal building as their permanent place of abode, except for bona fide temporary absences, in accordance to the records of the Town Assessor. If, thereafter, the owner fails to comply with this requirement, the accessory dwelling unit shall change its use to another type of accessory use that is permitted at the applicable zoning district. For clarification purposes, "owner occupancy" means the owner, as reflected in the records filed at the office of the County Clerk, or, if such owner is a trust, the grantor of such trust makes his/her/their legal residence at the applicable lot of record, as evidenced by voter registration, vehicle registration, or other approved means. Exemption(s):
(1)
Caretaker quarters as permitted at a specific use as prescribed by this chapter.
F.
Principal building/use. An accessory dwelling unit shall be located on a lot of record whose principal building/use is only one, existing, single-unit dwelling. Exemption(s):
(1)
Caretaker quarters as permitted at a specific use as prescribed by this chapter.
G.
Sale. The sale of an accessory dwelling unit that is separate from the sale of the lot of record, including all of the accessory structures and principal buildings located on such lot, is prohibited.
H.
Subdivision. The owner shall acknowledge, in writing, which is signed in the presence of a notary public, that he/she/they understand and agree that should a subdivision of the lot of record later be proposed, all parcels illustrated in said subdivision shall comply with the minimum requirements of this chapter, including but not limited to the dimension requirements of a lot of record and the yard requirements for principal buildings and accessory structures.
I.
Vehicular access. An accessory dwelling unit shall utilize the same vehicular access that serves the principal building, unless such unit is located on a corner lot or double frontage lot for which a secondary access is permitted by an AHJ.
§ 350-50 Accessory living quarters.
Accessory living quarters shall conform to the standards pertaining to an accessory dwelling unit except for the following:
A.
Construction, fire prevention and maintenance. Accessory living quarters shall not be designed as a dwelling unit since such quarters are prohibited to have a kitchen. Furthermore, accessory living quarters shall contain no more than one bedroom.
B.
Net floor area. The net floor area of accessory living quarters shall not exceed 1,000 square feet.
C.
Occupancy. Accessory living quarters shall only be occupied by a person(s) who is part of the group of persons occupying the principal building. For clarification purposes, the rental of a room(s) to a person(s) who is not part of a single group occupying the principal building is deemed transient by the Uniform Code since each room is occupied similar to those in a nonresidential transient occupancy, such as, but not limited to, a hotel or motel.
§ 350-51 Adult entertainment establishment.
This use shall be regulated by the Adult Entertainment Establishment Law of the Town, as currently in effect and as hereafter amended from time to time.[1]
[1]
Editor's Note: See Ch. 135, Adult Entertainment Establishments.
§ 350-52 Aeronautical related use.
A.
Access. Access to an aeronautical related use shall only be taken from a public road.
B.
Location. An aeronautical related use shall be located at a lot of record that is contiguous to a lot of record whose principal use is a county airport or heliport.
§ 350-53 Agricultural business.
A.
Access. Access to an agricultural business shall only be taken from a public road.
§ 350-54 Agricultural fairground.
A.
Access. Access to an agricultural fairground shall only be taken from a public road.
B.
Caretaker quarters. A caretaker quarters may be provided within a principal building as an accessory dwelling unit or on the lot of record as a detached single-unit dwelling.
C.
Compliance with the Sanitary Code. An agricultural fairground shall comply with Part 7, specifically Subpart 7-5, of the Sanitary Code of NYS, as currently in effect and as hereafter amended from time to time. Where, in any specific case, conflicts occur between provisions of this chapter and such state law, the more restrictive requirement shall govern.
D.
Minimum lot area. An agricultural fairground shall be located on a lot of record with a lot area of 25 acres or more.
§ 350-55 Agricultural service use.
A.
Access. Access to an agricultural service use shall only be taken from a public road.
§ 350-56 Agricultural tourism.
A.
Access. Access to an agricultural tourism use shall only be taken from a public road.
§ 350-57 Amateur radio communications tower.
A.
Intent. The provisions of this section are to establish regulations for the siting of amateur radio communications towers in order to accommodate such towers as required by the FCC PRB-1, 101 FCC 2d 952 [September 16, 1985]. Such regulations have been created to reasonably accommodate the amateur radio service and to establish the minimum practicable regulation deemed necessary to accomplish the Town's legitimate purpose described in Article 16 of the Town Law of NYS, as currently in effect and as hereafter amended from time to time, which is to promote the health, safety, morals, and/or the general welfare of the community.
B.
Specific definitions. The following terms are specific to the use regulated by this section:
AMATEUR RADIO SERVICE
The amateur service, the amateur satellite service and the radio amateur civil emergency service.
COMPELLING COMMUNICATIONS NEED
A need for relief based upon the inability of the applicant to obtain reasonable communications goals due to engineering or technical limitations or physical characteristics, such as but not limited to trees or structures located on the subject and adjacent lots of record that obstruct or significantly impede communications to and from the subject lot of record.
LICENSED AMATEUR COMMUNICATIONS
Amateur radio operations, also known as the "amateur radio service," as regulated and licensed by the FCC pursuant to 47 CFR Part 97.
C.
Application. In addition to the application requirements described within this chapter, applications for the installation of an amateur radio communications tower shall comply with the following application requirements and the more restrictive requirement shall apply in cases of conflict:
(1)
A scaled plan or drawing of the proposed amateur radio communications tower, with design data, certified by a professional engineer or the manufacturer that such structure meets or exceeds the current specifications of the Electronics Industry Association guidelines or the Telecommunications Industry Association guidelines.
(2)
Satisfactory evidence that the amateur radio communications tower shall be constructed to conform to the applicable provisions prescribed within the Uniform Code (e.g., fire separation distance, wind load, etc.).
(3)
A site plan illustrating the lot of record and its dimensions, any and all structures and the locations thereof, any and all easements and the locations thereof, and the location of the amateur radio communications tower and its setback from all easements, lot lines and/or structures.
(4)
Any application for an amateur radio antenna communications tower shall include written evidence that the owner is an amateur radio operator licensed by the FCC. Exemption(s):
(a)
If the FCC license holder and operator is not the owner but an occupant at the lot of record, written evidence that the occupant is an amateur radio operator licensed by the FCC and the owner shall sign the application, which both individuals shall be bound by the regulations of this section.
D.
Standards.
(1)
Abandonment and removal. The owner of a lot of record that contains an amateur radio communications tower agrees to remove such structure and to restore the land to its original state upon selling such lot of record or when the owner or occupant no longer holds a valid FCC license to operate as an amateur radio operator.
(2)
Aesthetics.
(a)
No amateur radio communications tower shall be artificially lighted unless required by the FAA or any other AHJ.
(b)
No signage shall be permitted upon an amateur radio communications tower other than those required by the FCC, FAA, manufacturer for safety and part replacement identification purposes or signs mandated by an AHJ.
(3)
Height.
(a)
Maximum height. An amateur radio communications tower that is located at a lot of record shall not exceed 70 feet.
(b)
Special consideration. In considering an application for an area variance as it pertains to an amateur radio communications tower exceeding the permitted height, special consideration shall be accorded to those licensed in the Amateur Radio Service by the FCC. Such consideration shall ensure that such tower's height, as approved by the designated approval authority, achieves the applicant's need for effective communications but does not create a significant adverse impact to health, safety and aesthetic considerations. In establishing the permitted height, the designated approval authority shall consider the submitted compelling communications need regarding radio signal propagation. It is the responsibility of the applicant to supply such compelling communications need to the designated approval authority to substantiate and justify the proposed height for an amateur radio communications tower.
(4)
Industry standards. All amateur radio antenna communications towers, including any antennas and other appurtenances, shall be constructed, operated, maintained, repaired, provided for the removal of, modified or restored in strict compliance with applicable industry standards, such as but not limited to NATE, NESC and the NEC.
(5)
Maintenance. All amateur radio antenna communications towers, including any antennas and other appurtenances, that have, due to damage, lack of repair, or other circumstances, become unstable, lean significantly out-of-plumb, or pose a danger of collapse shall be removed or brought into a state of good repair. Such repair work shall be prepared and sealed by a registered design professional.
(6)
Maximum number of structures. No more than one amateur radio communications tower shall be allowed per lot of record. Exemption(s):
(a)
Upon showing of compelling communications need, the designated approval authority may approve additional amateur radio communication towers at a lot of record.
(7)
Operation.
(a)
An amateur radio communication towers shall be maintained in operational condition meeting all of the requirements of this section at all times, subject to reasonable maintenance and repair. If such tower becomes inoperative, damaged, unsafe, or violates a standard, the owner shall remedy the situation within 90 days after written notice from the Code Enforcement Officer. The Code Enforcement Officer may extend the period by 90 days.
(b)
If an amateur radio communications tower is not repaired or brought into compliance within the time frame stated above, the Town may, after a public hearing, order remedial action or revoke any issued certificate and/or permit, and order removal of such tower within 90 days.
(8)
Setbacks.
(a)
No part of an amateur radio communications tower, including stays, guy or supporting wires as well as ground anchors, shall be in violation of the relevant yard requirements of the applicable zoning district.
 Figure 51- Amateur Radio Communications Tower and Yard Requirements |
(b)
No part of an amateur radio communications tower, including stays, guy or supporting wires as well as ground anchors, shall be located in the front yard at a lot of record.
(c)
No part of an amateur radio communications tower, including stays, guy or supporting wires as well as ground anchors, shall be located on any easement.
(9)
Type of tower.
(a)
Hamlet, Lakefront Commercial and Lakefront Residential Zoning Districts. Due to aesthetic concerns, crank-up towers (e.g., US Tower TMM series compact crank-up towers) shall be the only permitted type of amateur radio communications tower at the Hamlet, Lakefront Commercial and Lakefront Residential Zoning Districts. At such tower's retracted height, the visual impact is reduced to a minimum and antenna servicing is made easier. Lastly, an amateur radio communications tower that is located within such zoning districts shall be fully retracted when not transmitting.
(b)
Other zoning districts. Any type of tower specifically manufactured as part of an amateur radio communications tower shall be permitted. Examples of various towers are crank-up towers, lattice towers with guy wires, monopole towers and other types of self-supporting towers.
 Figure 52 - Amateur Radio Antenna Support Structure (Crank-Up Tower) |
§ 350-58 Bed-and-breakfast dwelling.
A.
Access.
(1)
Bedrooms. Access to the sleeping rooms shall be provided through the main entrance to the bed-and-breakfast dwelling. In addition, no sleeping rooms for transient use shall be located above the second story of a bed-and-breakfast dwelling.
(2)
Public road. Access to a bed-and-breakfast dwelling shall only be taken from a public road.
B.
Accessory dwelling units. Accessory dwelling units are not permitted in conjunction with a bed-and-breakfast dwelling.
C.
Accessory living quarters. Accessory living quarters are not permitted in conjunction with a bed-and-breakfast dwelling.
D.
Cooking facilities prohibited. No cooking facilities (e.g., microwave) shall be provided or permitted in any sleeping room.
E.
Meals. Accommodations at the bed-and-breakfast dwelling shall include breakfast for the guests and included in the charge for the room. No meal other than breakfast may be prepared on the premises for the guests. The owner shall comply with all federal, state and local requirements for the preparation, handling and serving of food.
F.
Minimum floor area. A bed-and-breakfast dwelling shall have a minimum gross floor area of 2,000 square feet.
G.
Minimum lot area. A bed-and-breakfast dwelling shall be located on a lot of record that is compliant with the minimum lot area of the applicable zoning district but shall not be less than two acres.
H.
Owner's residency required. The owner shall have his or her permanent place of abode at the bed-and-breakfast dwelling.
I.
Parking.
(1)
One parking space shall be provided for each sleeping room, which shall be in addition to those required for the dwelling unit.
(2)
All parking spaces shall be located at the rear and/or side yards, and be designed to facilitate the exiting of vehicles in a forward motion from the lot of record onto the contiguous road.
(3)
A buffer shall be installed between all parking spaces and a contiguous lot of record that contains an existing residential use.
§ 350-59 Camp, children's overnight.
A.
Access. Access to a children's overnight camp shall only be taken from a public road.
B.
Buffer and landscaping. A landscaping plan, which includes sizes and types of vegetation, shall be submitted for review and approval. This plan shall include a buffer located adjacent to all contiguous lots of record containing a residential use. No recreational activities, parking and/or structures shall be allowed in this buffer.
C.
Caretaker quarters. A caretaker quarters may be provided at a children's overnight camp as an accessory use. A caretaker quarters shall only be occupied by an employee(s) of said camp and may be located within a principal building that may be designed as a dwelling unit or as a sleeping unit.
D.
Compliance with the American Camping Association (ACA) standards. A children's overnight camp shall comply with the American Camping Association (ACA) standards. Where, in any specific case, conflicts occur between provisions of this chapter and such standard, the more restrictive requirement shall govern.
E.
Compliance with the Sanitary Code. A children's overnight camp shall comply with Part 7, specifically Subpart 7-2, of the Sanitary Code of NYS, as currently in effect and as hereafter amended from time to time. Where, in any specific case, conflicts occur between provisions of this chapter and such state law, the more restrictive requirement shall govern.
F.
Design. The design of all camp structures and/or uses, including site layout, building orientation and accessory structures and/or uses, shall be directed inward with minimal visibility to public rights-of-way and contiguous lots of record.
G.
Minimum lot area. A children's overnight camp shall be located on a lot of record with a lot area of 20 acres or more.
H.
Summer camp cabin. A summer camp cabin may be provided at a children's overnight camp as an accessory use, but it shall comply with 10 NYCRR, Chapter I, Part 7, Subpart 7-2, Section 7-2.12 of the Sanitary Code of NYS, as currently in effect and as hereafter amended from time to time, and any other applicable law (e.g., Uniform Code). Lastly, the occupants of this cabin shall be registered and/or employed at a children's overnight camp.
§ 350-60 Camp, summer day.
A.
Access. Access to a summer day camp shall only be taken from a public road.
B.
Buffer and landscaping. A landscaping plan, which includes sizes and types of vegetation, shall be submitted for review and approval. This plan shall include a buffer located adjacent to all contiguous lots of record containing a residential use. No recreational activities, parking and/or structures shall be allowed in this buffer.
C.
Caretaker quarters. A caretaker quarters may be provided at a summer day camp as an accessory use. A caretaker quarters shall only be occupied by an employee(s) of said camp and may be located within a principal building that may be designed as a dwelling unit or as a sleeping unit.
D.
Compliance with the American Camping Association (ACA) standards. A summer day camp shall comply with the American Camping Association (ACA) standards. Where, in any specific case, conflicts occur between provisions of this chapter and such standard, the more restrictive requirement shall govern.
E.
Compliance with the Sanitary Code. A summer day camp shall comply with Part 7, specifically Subpart 7-2, of the Sanitary Code of NYS, as currently in effect and as hereafter amended from time to time. Where, in any specific case, conflicts occur between provisions of this chapter and such state law, the more restrictive requirement shall govern.
F.
Design. The design of all camp structures and/or uses, including site layout, building orientation and accessory structures and/or uses, shall be directed inward with minimal visibility to public rights-of-way and contiguous lots of record.
G.
Minimum lot area. A summer day camp shall be located on a lot of record with a lot area of 20 acres or more.
§ 350-61 Campground.
A.
Intent. The provisions of this section are enacted for the purpose of protecting public health, safety and general welfare of residents and transients in this Town, to prevent overcrowding and unsanitary conditions, and to establish minimum standards for the operation of campgrounds in the Town.
B.
Specific definitions. The following terms are specific to the use regulated by this section:
CAMPING UNIT
This term shall bear the same meaning as "camping unit" that is defined in 10 NYCRR Part 7, Subpart 7-3, as currently in effect and as hereafter amended from time to time.
CAMPSITE
This term shall bear the same meaning as "campsite" that is defined in 10 NYCRR Part 7, Subpart 7-3, as currently in effect and as hereafter amended from time to time.
C.
Compliance with NFPA 1194. A campground shall comply with NFPA 1194, Recreational Vehicle Parks and Campgrounds, as currently in effect and as hereafter amended from time to time. Where, in any specific case, conflicts occur between provisions of this chapter and such standard, the more restrictive requirement shall govern.
D.
Compliance with the Sanitary Code. A campground shall comply with Part 7, specifically Subpart 7-3, of the Sanitary Code of NYS, as currently in effect and as hereafter amended from time to time, regardless of its applicability. Where, in any specific case, conflicts occur between provisions of this chapter and such state law, the more restrictive requirement shall govern.
E.
Standards.
(1)
Access. Access to a campground shall only be taken from a public road.
(2)
Buffer and landscaping. A landscaping plan, which includes sizes and types of vegetation, shall be submitted for review and approval. This plan shall include a buffer located adjacent to all contiguous lots of record containing a residential use. No recreational activities, parking and/or structures shall be allowed in this buffer.
(3)
Campsites. Boundaries of campsites shall be well-defined and permanently marked. In addition, campsites shall meet the following requirements:
(a)
The density of campsites in a campground shall not exceed an average of 10 campsites per acre, inclusive of service roads, service buildings and accommodations, recreational areas, etc.
(b)
Each campsite, which shall include its parking space, shall provide a minimum of 2,500 square feet of space and shall not be less than 30 feet at its narrowest point.
(c)
Each campsite shall be identified by number and section. Camping units within a campground shall be required to located within the designated campsites. It shall be unlawful for more than one camping unit to occupy a single campsite.
(d)
Each campsite shall be well-drained, with no pooling of water, and shall provide sufficient open and graded space for the accommodation of camping units.
(e)
Each campsite shall provide a parking space for a vehicle, which such space shall not interfere with the convenient and safe movement of traffic at the campground.
(4)
Caretaker quarters. A caretaker quarters may be provided within a principal building as an accessory dwelling unit, or on the lot of record as a detached single-unit dwelling.
(5)
Interior roads. An interior road located within a campground shall be designed and certified as fire apparatus access roads pursuant to the Uniform Code.
(6)
Length of stay. The maximum continuous habitation allowed in a campground is seven continuous months. After seven months, the camper shall vacate from that campground for a minimum of five continuous months.
(7)
Lot area. A campground shall be located on a lot of record with a lot area of 20 acres or more.
(8)
Management.
(a)
In every campground, there shall be an attendant or person in charge that is responsible for the following:
[1]
Keep a register of all campers, which shall include the minimum information:
[a]
Names and addresses of each camper.
[b]
Dates of entrance and departure of each camper.
[c]
License numbers of all vehicles and states that issued such licenses.
[2]
Maintain the campground in a safe, orderly and sanitary condition.
[3]
Assist emergency response agencies in cases of emergency.
 Figure 53 - Registration Center |
(9)
Recreation area. No less than 20% of the gross area of any campground shall be devoted to common recreational areas with facilities, such as playgrounds, trails, swimming pools or community buildings on suitable land for the stated purpose.
(10)
Safety.
(a)
The electrical installation and electrical hookup provided for camping units shall be in accordance with the provisions of the NEC, current edition.
(b)
If open fires are permitted, there shall be a fireplace or fire pit provided for the building of fires by a camper, which shall be located within a cleared area to aid in fire control.
(11)
Service building(s) and accommodations.
(a)
General. A campground shall have a suitable building(s) for housing toilets, lavatories, showers and slop sinks. The building(s) shall be located to not exceed 200 feet travel distance from any campsite. The building(s) shall be constructed to provide adequate lighting, privacy and ventilation as prescribed by the Uniform Code.
[1]
The amount of plumbing facilities shall be based on the total campground capacity according to the approved site plan.
[2]
Floors of such buildings shall be of concrete, tile or similar material impervious to water and easily cleaned and drained by means of a floor drain.
 Figure 54 - Lavatory and Toilet Facilities at a Campground |
(b)
Garbage and/or rubbish disposal. All garbage and rubbish shall be stored in a suitable watertight as well as animal and pest resistant receptacle. It shall be the duty of the owner of the campground to regularly dispose of garbage and rubbish in a sanitary manner.
(c)
Potable water. A campground shall obtain potable water from a source approved by the NYSDOH. The drinking, cooking, laundry, bath and general water supply for each campsite shall be obtained only from faucets or other plumbing fixtures connected directly to the potable water supply system. Such faucets or water supply fixtures may be either located by each campsite or at centralized watering stations.
(d)
Public telephone. At least one public telephone shall be provided that is accessible and operational at all times. Such telephone shall be located in the vicinity of the permanent registration center and shall be illuminated at all times.
[1]
Emergency information sign. A permanent and waterproof emergency information sign shall be installed within the immediate vicinity of the public telephone and shall contain the following information:
[a]
The name(s) and telephone number of the campground's attendant; and
[b]
The address of the campground; and
[c]
The telephone numbers of the local emergency medical service, fire department and police department.
(e)
Sewage disposal. A campground shall contain facilities for the proper disposal of wastewater via an approved septic system, legal RV dump station or any other system approved by an AHJ.
 Figure 55 - Site Plan of a Campground |
§ 350-61.1 Cannabis retail dispensary.
A.
Compliance with the law. No person or entity shall produce, grow, or sell cannabis or hold itself out as an NYS-licensed organization unless it has complied with Article 33 of the Public Health Law of NYS, as currently in effect and as hereafter amended from time to time, and/or any other applicable law.
B.
Approved products. A cannabis retail dispensary shall only dispense approved cannabis products in accordance with the applicable laws of NYS.
C.
Buffer and landscaping. A landscaping plan, which includes sizes and types of vegetation, shall be submitted for review and approval. This plan shall include a buffer located adjacent to all contiguous lots of record containing a residential use. No recreational activities, parking and/or structures shall be allowed in this buffer.
D.
Building requirements.
(1)
A cannabis retail dispensary shall operate within a permanently constructed, fixed structure. It is prohibited to operate from a vehicle or within a nonpermanent structure.
(2)
A cannabis retail dispensary shall have its means of egress independent from any other use and shall directly discharge to a public way. For the purposes of this section, "means of egress" and "public way" are defined by the Uniform Code.
(3)
A cannabis retail dispensary shall only dispense approved cannabis products in an indoor, enclosed, secure facility.
(4)
A cannabis retail dispensary shall have a security system to prevent and detect diversion, theft, or loss of cannabis and/or cannabis products, using commercial grade equipment.
E.
Licenses and/or permits. A cannabis retail dispensary shall submit evidence that all necessary licenses and/or permits have been obtained from NYS and all other AHJs to the Town. Said licenses and/or permits shall be posted in a conspicuous place, near the main exit or exit access doorway.
F.
Location restriction(s).
(1)
A cannabis retail dispensary shall not be located and/or operated within 500 feet of:
(a)
A place of worship; or
(b)
A building containing a child day-care establishment; or
(c)
A building containing a school; or
(d)
A park; or
(e)
A building containing a residential use and/or Residential Group R use and occupancy as defined by the Uniform Code; or
(f)
A structure or facility providing, whether wholly or partially, an essential public service; or
(g)
A building containing licensed premises as defined by § 3 of the Alcoholic Beverage Control Law of the State of New York, as currently in effect and as hereafter amended from time to time; or
(h)
A building containing another cannabis retail dispensary.
(i)
A correctional facility.
(2)
For the purpose of this subsection, measurement shall be made in a straight line, without regard to the intervening structures or objects, from the nearest portion of the building or structure used as the part of the premises where a cannabis retail dispensary is conducted to the nearest portion of the building or structure of a restricted location listed herein. Presence of a Town, village or other political subdivision boundary shall be irrelevant for purposes of calculating and applying these distance requirements.
G.
Prohibited action(s). A cannabis retail dispensary shall not dispense cannabis products from the same location where the cannabis is grown or manufactured.
§ 350-62 Cemetery.
A.
Access. Access to a cemetery shall only be taken from a public road.
B.
Buffer and landscaping. A landscaping plan, which includes sizes and types of vegetation, shall be submitted for review and approval. This plan shall include a buffer located adjacent to all contiguous lots of record containing a residential use. No recreational activities, parking and/or structures shall be allowed in this buffer.
C.
Caretaker quarters. A caretaker quarters may be provided within a principal building as an accessory dwelling unit, or on the lot of record as a detached single-unit dwelling.
D.
Cemetery related structures. Cemetery related structures such as but not limited to mausoleums and columbariums are encouraged in order to maximize the use of interment acreage. Existing cemeteries shall not be required to obtain a special use permit or a use variance for the construction of cemetery-related structures.
E.
Compliance with the state law. A cemetery shall comply with state law, such as but not limited to Article 15 of the Not for Profit Corporations Law of NYS, §§ 450 through 451 of the Real Property Law of NYS and §§ 4216 through 4221 of the Public Health Law of NYS, as currently in effect and as hereafter amended from time to time. Where, in any specific case, conflicts occur between provisions of this section and such state law, the more restrictive requirement shall govern.
F.
Flood zone. Burial plots or cemetery-related structures shall only be permitted in areas outside the 500-year-flood zone as prescribed by the Flood Insurance Rate Map of the Town, which is created by FEMA.
G.
Parking spaces. The minimum number of parking spaces as prescribed within this chapter shall not apply to burial plots and cemetery-related structures, such as but not limited to a mausoleum or a columbarium.
H.
Setbacks. All burial plots as well as cemetery-related structures shall be set back from any lot line in accordance to the minimum yard dimensions for a principal building at the applicable zoning district.
 Figure 56 - Site Plan of a Cemetery |
§ 350-63 Cottage housing development.
A.
Intent. The Town recognizes that one of the methods to address our environmental sustainability and housing affordability is to build smaller dwellings. A cottage housing development is generally defined as a grouping of small, detached, single-unit dwelling units clustered around a common open space or courtyard and developed under a coherent plan. It is typically built on small infill sites in established residential zoning districts. It fills a niche between traditional choices of single-unit and multiunit dwellings. Although less spacious than conventional single-unit dwelling, it offers the privacy and personal space of a detached single-unit dwelling in a less costly package. Additionally, cottages may be located on separate lots of record, or on an undivided, commonly-owned lot of record. Residents may share use and maintenance expense of common facilities, such as parking, storage areas, and amenities. Furthermore, thoughtful design and efficient use of space are hallmarks of these developments. Well-designed cottage housing developments can offer significant community benefits, such as efficient use of land, and reduced demand for energy and building materials compared to conventional single-unit dwellings. It allows moderate increases in density while minimizing development scale. The number of people and vehicles per unit as well as overall building coverage are less than for a similar number of single dwelling units. Lastly, the smaller-sized units also are generally affordable to a wider pool of buyers.
B.
Specific definitions. The following terms are specific to the use regulated by this section:
COMMON OPEN SPACE
Unoccupied land within a cottage housing development, not individually owned or publicly dedicated, that is designed and intended for the common use or enjoyment of such community's occupants and their guests and may include recreational improvements.
COMMUNITY BUILDING
A building owned in common by the cottage housing development's homeowners and designated for multipurpose uses by the cottage housing community. It should be consistent with the design and scale of the cottages, and its use should clearly be accessory to the cottage housing development.
COTTAGE
A detached single-unit dwelling that is part of a cottage housing development.
FOOTPRINT
The gross floor area of a cottage's ground-level story.
C.
Community assets.
(1)
Community building(s).
(a)
Community buildings are permitted in a cottage housing development and shall be incidental in use and size to the cottages. In addition, community buildings shall conform to the design standards for a cottage.
(b)
Dining facilities, entertainment space, guest quarters, library, recreational space and/or storage space may be permitted as part of a community building.
(c)
A community building shall not exceed one story.
(d)
Community buildings shall be located on the same lot of record as a cottage housing development, and shall be commonly owned by the residents of such development.
 Figure 57 - Community Building at a Cottage Housing Development |
(2)
Common open space.
(a)
Each cottage shall be oriented to the common open space to provide a sense of openness and community for residents.
(b)
At least 100 square feet per cottage of common open space is required. However, the common open space shall be at least 1,000 square feet in area, regardless of the number of cottages.
(c)
Each area of common open space shall be in one contiguous and usable piece.
(d)
To be considered as part of the minimum open space requirement, an area of common open space shall have a minimum dimension of 20 feet on all sides.
(e)
At least two sides of the common open area shall have cottages along its perimeter.
(f)
The common open space shall be distinguished from the private open space of a cottage via the installation of landscaping and/or fences to provide a visual boundary, or a walkway around the perimeter of the common open space.
 Figure 58 - Common Open Space at a Cottage Housing Development |
D.
Clusters. A cottage housing development shall be composed of clusters of cottages, which shall conform to the following:
(1)
Minimum cottages per cluster: 12.
(2)
Maximum clusters per cottage housing development: two.
E.
Density. The number of dwelling units proposed for a cottage housing development is permitted to be 1.5 times the maximum density permitted for a lot of record at an applicable zoning district. Moreover, the following density bonuses may be awarded by the designated approval authority that will allow a cottage housing development to increase such maximum density.
(1)
Accessibility. Up to a 10% density bonus may be granted for the provision of making sites, facilities, buildings, and elements accessible pursuant to ICC/ANSI A117.1 — Accessible and Usable Buildings and Facilities.
(2)
Agriculture. A 1% density bonus may be granted for each additional 1% of the site that will preserve farm operations. However, such bonus shall not exceed 10% regardless of the amount of proposed farm operations.
(3)
Amenities. Up to a 10% density bonus may be granted for the provision of amenities such as but not limited to docks, parks as well as indoor and outdoor recreation facilities (e.g., swimming pools, gyms, playgrounds, walking trails, golf courses, etc.) considered beneficial to the cottage housing development. Such amenities shall not be required to be accessible to the public.
(4)
Blight. Up to a 10% density bonus may be granted for the cleanup of a blighted site, contamination removal or demolition of obsolete structures.
(5)
Common open space. A 1% density bonus may be granted for each additional 1% of the site that will be designated as common open space. However, such bonus shall not exceed 10% regardless of the amount of proposed common open space.
(6)
Fire detection system, monitored. Up to a 10% density bonus may be granted for the provision of a monitored fire detection system in all structures. To be eligible for this bonus, such system shall be designed, installed and maintained in accordance to the reference standard(s) described within the Uniform Code.
(7)
Fire protection system. Up to a 10% density bonus may be granted for the provision of a fire protection system in all structures. To be eligible for this bonus, such system shall be designed, installed and maintained in accordance to the reference standard(s) described within the Uniform Code.
(8)
Historic preservation. Up to a 10% density bonus may be granted for preservation and adaptive reuse of historically or architecturally significant structures, which such classification shall be determined by the County Genealogical and Historical Society or approved equivalent authority, that are located on the site.
(9)
Noncombustible siding. Up to a 10% density bonus may be granted for the provision of noncombustible siding at all structures.
(10)
Renewable energy systems. Up to a 10% density bonus may be granted for the provision of renewable energy systems, such as but not limited to solar photovoltaic and/or thermal systems and wind energy conversion system. Such amenities shall not be required to be connected to a public service agency.
F.
Design standards.
(1)
Buffer and landscaping. A landscaping plan, which includes sizes and types of vegetation, shall be submitted for review and approval. This plan shall include a buffer located adjacent to all contiguous lots of record containing a residential use. No recreational activities, parking and/or structures shall be allowed in this buffer.
(2)
Building coverage. A cottage housing development shall be allowed a building coverage of 60%.
(3)
Building height. The maximum building height of cottage shall be 28 feet.
(4)
Carports and/or garages. Shared carports and/or garages shall be limited to five parking spaces per structure and shall be detached from cottages. Roofs of carports and/or garages shall be pitched.
(5)
Cottage design.
(a)
Appearance. Cottages shall contain a variety of designs that include articulation of facades, changes in materials, texture, color, and window treatments, and other architectural features so all units do not appear identical.
 Figure 59 - Appearance of Cottages at a Cottage Housing Development |
(b)
Basement or crawl space. A cottage may have a basement or a crawl space.
(c)
Floor area. The gross floor area of each cottage shall not exceed 1,500 square feet. However, the following habitable spaces shall not be included in the gross floor area calculations:
[1]
Architectural projections, such as bay windows, fireplaces or utility closets, which shall not be greater than four feet in depth and six feet in width;
[2]
Attached but unenclosed porches;
[3]
Attached decks;
[4]
Basements or cellars;
[5]
Habitable spaces equal to or less than six feet.
(d)
Front porch. A covered front porch, which shall be a minimum of 60 square feet, is required at each cottage. Such porch shall be oriented toward the common open space.
(e)
Manufactured home. A manufactured home is prohibited to be utilized as a cottage.
(f)
Orientation. Each cottage shall be clustered around a common open space. Each cottage shall have a primary entry and covered porch oriented to the common open space.
(g)
Private garage. A private garage is prohibited to be attached to a cottage.
(h)
Roof. A roof of a cottage shall be pitched.
 Figure 60 - Size of a Cottage at a Cottage Housing Development |
(6)
Parking spaces.
(a)
Parking shall be separated from the common open space and public roads by a buffer.
(b)
Parking spaces shall be accessed only by a private driveway or road.
(c)
The design of garages and carports, including their associated roof lines, shall be similar to and compatible with that of the cottages within the cottage housing development.
(d)
Parking areas shall be limited to no more than five contiguous parking spaces. Clusters must be separated by a distance of at least 20 feet.
(7)
Private open space. Each cottage in a cottage housing development shall be provided an area of private open space. The private open space shall separate the main entrance to the cottage from the common open space to create a sense of privacy as well as small but pleasant private yard area. The private open space may be separated from the common open space with landscaping, fences or other similar visual separation to create a sense of separate ownership.
(a)
Each cottage shall be provided with a minimum of 300 square feet of private open space.
(b)
No dimension of the private open space shall be less than 10 feet.
(8)
Setbacks. The minimum setbacks for all structures, which includes cottages, parking structures and community buildings, in a cottage housing development are:
(a)
Ten feet from a road.
(b)
Ten feet from any other structure.
(c)
Cottages shall be no more than 25 feet from the common open area, measured from the facade of the cottage to the nearest delineation of the common open area.
 Figure 61 - Setbacks and Parking at a Cottage Housing Development |
(9)
Walkways. A system of interior walkways shall connect each cottage to each other and to the parking area, and to any sidewalks abutting any roads bordering the cottage housing development.
(10)
Yards. A cottage housing development shall comply with the following minimum yard requirements:
(a)
Front yards. Front yards shall not be less than 10 feet.
(b)
Rear yards. Rear yards shall not be less than 10 feet.
(c)
Side yards. Side yards shall not be less than 10 feet.
G.
Ownership. Community buildings, parking areas and common open space shall be owned and maintained commonly by the cottage housing development's residents, through a condominium association, a homeowners' association, or a similar mechanism that is approved by the Town Attorney, and shall not be dedicated to the Town.
 Figure 62 - Site Plan of a Cottage Housing Development |
§ 350-64 Commercial, heavy or light.
A.
Access. Access to a commercial use, whether heavy or light, shall only be taken from a public road.
B.
Buffer and landscaping. A landscaping plan, which includes sizes and types of vegetation, shall be submitted for review and approval. This plan shall include a buffer located adjacent to all contiguous lots of record containing a residential use. No recreational activities, parking and/or structures shall be allowed in this buffer.
C.
Caretaker quarters. A caretaker quarters may be provided within the principal building as an accessory dwelling unit or on the lot of record as a detached single-unit dwelling.
§ 350-65 Country club.
A.
Access. Access to a country club shall only be taken from a public road.
B.
Buffer and landscaping. A landscaping plan, which includes sizes and types of vegetation, shall be submitted for review and approval. This plan shall include a buffer located adjacent to all contiguous lots of record containing a residential use. No recreational activities, parking and/or structures shall be allowed in this buffer.
C.
Caretaker quarters. A caretaker quarters may be provided within the principal building as an accessory dwelling unit, or on the lot of record as a detached single-unit dwelling.
D.
Design.
(1)
Accessory uses. A country club may include the following accessory uses, provided such uses are reasonably sized and located so as to provide incidental service to a country club:
(a)
Clubhouse, which may consist of:
[1]
Restaurant, snack bar, lounge, and banquet facilities;
[2]
Locker rooms and restrooms;
[3]
Pro shops;
[4]
Administrative offices;
[5]
Golf cart and maintenance equipment storage and service facilities;
[6]
Guest lodging for those using the golf course, provided:
[a]
No lodging units have separate exterior means of ingress/egress;
[b]
All lodging units shall be contained within the main clubhouse; and
[c]
Such guest lodging shall have a total occupancy of no more than 20 persons;
[7]
Fitness and health equipment, including workout machines, spas, whirlpools, saunas, and steam rooms;
[8]
Game rooms, including card tables, billiards, ping-pong, video games, pinball machines, and other similar table games; and
[9]
Babysitting rooms and connected fence-enclosed play lots.
(b)
Accessory recreation amenities located outside of a building, including:
[1]
Golf courses.
[2]
Driving ranges, provided that the applicant shall furnish expert evidence that all lighting has been arranged to prevent glare on contiguous lots of record and roads;
[3]
Practice putting greens;
[4]
Swimming pools;
[5]
Tennis, platform tennis, handball, racquetball, squash, volleyball, and badminton courts;
[6]
Bocce ball, croquet, shuffleboard, quoits, horseshoe pits, and washers courses;
[7]
Picnic pavilions, picnic tables, park benches, and barbecue pits;
[8]
Hiking, biking, horseback riding, and cross-country ski trails; and
[9]
Playground equipment and play lot games, including four square, dodgeball, tetherball, and hopscotch.
(2)
Minimum lot area. The minimum lot area for a lot of record containing a country club shall conform to the following requirements but shall not be less than 30 acres:
(a)
Eighteen hole regulation length golf course: 350 acres.
(b)
Eighteen hole executive length golf course: 70 acres.
(c)
Eighteen hole par-three length golf course: 50 acres.
(d)
Nine hole regulation length golf courses: 70 acres.
(e)
Nine hole executive length golf course: 40 acres.
(f)
Nine hole par-three length course: 30 acres.
(3)
Setbacks. A 50-foot-minimum setback shall be provided from any accessory and principal building, swimming pool, tennis court or any amenity area, excluding fairways and greens, to any contiguous lot line.
§ 350-66 Cultural center.
A.
Access. Access to a cultural center shall only be taken from a public road.
B.
Buffer and landscaping. A landscaping plan, which includes sizes and types of vegetation, shall be submitted for review and approval. This plan shall include a buffer located adjacent to all contiguous lots of record containing a residential use. No recreational activities, parking and/or structures shall be allowed in this buffer.
C.
Caretaker quarters. A caretaker quarters may be provided within the principal building as an accessory dwelling unit, or on the lot of record as a detached single-unit dwelling.
§ 350-67 Drive-through window facility.
A drive-through window facility shall be a component of a nonresidential use, such as but not limited to a bank, pharmacy or restaurant. Such facility shall comply with the following standards:
A.
Access. Access to a drive-through window facility shall only be taken from a public road.
B.
Buffer and landscaping. A landscaping plan, which includes sizes and types of vegetation, shall be submitted for review and approval. This plan shall include a buffer located adjacent to all contiguous lots of record containing a residential use. No recreational activities, parking and/or structures shall be allowed in this buffer.
C.
Orientation. A drive-through window facility shall not be located at the front yard of a lot of record.
D.
Setbacks. The location of a drive-through window facility shall be a minimum of 50 feet from a contiguous lot of record.
E.
Stacking lanes.
(1)
Entrances to stacking lane(s) shall be clearly marked and a minimum of 40 feet from the intersection with a road. The distance shall be measured from the lot line along a road to the beginning of the entrance.
(2)
Each stacking space shall be a minimum of 20 feet in length and 10 feet in width along all portions of the lane(s).
(3)
Restaurants shall have a minimum of five spaces for queuing vehicles accessing the ordering window or speaker. If pickup/payment windows are provided separately, the queuing distance between windows and/or speaker(s) shall be a minimum of two stacking spaces.
(4)
Banks, service and retail establishments shall have a minimum of three stacking spaces for queuing vehicles accessing a drive-through window or speaker.
(5)
Stacking lanes shall be delineated from traffic aisles, other stacking lanes and parking areas with striping, curbing, landscaping and the use of alternative paving materials or raised medians.
(6)
Stacking lanes shall be designed to prevent congestion, both on-site and on adjacent roads.
(7)
Stacking lane layout:
(a)
Shall be integrated with the on-site circulation pattern; and
(b)
Shall minimize conflicts between pedestrian and vehicular traffic by providing physical and visual separation between the two; and
(c)
Shall provide an emergency bypass or exit, if such stacking lane is curbed; and
(d)
Shall not impede or impair access into or out of parking spaces; and
(e)
Shall not impede or impair pedestrian or vehicular traffic movement; and
(f)
Shall not interfere with required loading and trash storage areas; and
(g)
Shall not enter or exit directly into a public right-of-way.
 Figure 63 - Drive-Through Window Facility |
§ 350-68 Dwelling unit.
A.
Floor area. All dwelling units shall conform to the occupancy limitations prescribed in the Uniform Code. However, a dwelling unit shall not be less than 800 square feet in net floor area. Exemption(s):
(1)
Accessory dwelling unit. An accessory dwelling unit is permitted to have a minimum net floor area as prescribed in this chapter.
(2)
Caretaker quarters. A caretaker quarters is permitted to have a minimum net floor area of 400 square feet.
(3)
Dwelling unit at an extended stay hotel. A dwelling unit at an extended stay hotel is permitted to have a minimum net floor area of 400 square feet.
B.
Foundation. All dwelling units shall be constructed or placed upon and anchored to a foundation that complies with the applicable provisions of the Uniform Code. In the event that a dwelling unit is a manufactured home, it shall be installed and anchored pursuant to the manufacturer's installation instructions and the applicable regulations of the Uniform Code, and none of the undercarriage shall be visible from outside the manufactured home.
C.
Farm worker housing unit.
(1)
Compliance with the Sanitary Code. A farm worker housing unit shall comply with Part 15 of the Sanitary Code of NYS, as currently in effect and as hereafter amended from time to time, if such state regulation is applicable. Where, in any specific case, conflicts occur between provisions of this chapter and such state law, the more restrictive requirement shall govern.
(2)
NYS-certified agricultural district. Farm worker housing units shall be permitted at farm operations located in an NYS-certified agricultural district and shall be classified as an accessory use. Any farm worker housing unit that has not been used for such purposes for three or more years shall be removed from the lot of record.
D.
Manufactured home.
(1)
General. The provisions contained within this section are intended to serve as supplemental requirements to the Uniform Code in order to protect the public health, safety and the general welfare insofar as they are affected by the installation of manufactured homes. The regulations shall supplement and not replace the applicable provisions established within the Uniform Code. Lastly, the more restrictive provision shall apply where conflicts occur between provisions of this section, the Uniform Code or and other applicable law.
(2)
Age. Except on the conditions specified herein, no certificate or permit shall be issued for any manufactured home built more than five years from the application date of such certificate or permit. However, such period of time may be extended upon the submission of a written report prepared and sealed by a registered design professional that the manufactured home conforms to all of the following criteria:
(a)
Is not greater than 10 years in age.
(b)
Conforms to the standards prescribed in the Uniform Code.
(3)
Use. A manufactured home shall be used in accordance to the manufacturer's design and specifications. For example, a manufactured home designed in accordance with the Manufactured Home Construction and Safety Standards (AKA, the "HUD Code"), as currently in effect and as hereafter amended from time to time, is only permitted to be used as a single-unit dwelling.
E.
Mobile home. The new installation of a mobile home shall be prohibited in the Town but existing mobile homes are allowed to remain but shall be classified as a nonconforming use.
F.
Multiple-unit dwelling.
(1)
Access. Access to a multiple-unit dwelling shall only be taken from a public road.
(2)
Compliance with the law. A multiple-unit dwelling shall comply with the applicable provisions of the Energy Code, Multiple Residence Law of NYS, Uniform Code and/or any other applicable law.
(3)
Number of dwelling units. A maximum of 10 dwelling units shall be permitted at each multiple-unit dwelling.
§ 350-69 Farm operation.
A.
Agricultural manure storage facility.
(1)
Intent. The intent of this subsection is to:
(a)
Ensure that an owner has assistance in design, placement and materials used to construct an agricultural manure storage facility; and
(b)
Protect groundwater resources and water bodies within the Town; and
(c)
Protect the health, welfare and safety of the public.
(2)
Location. An agricultural manure storage facility is only permitted at a farm operation located within an NYS-certified agricultural district.
(3)
Design. Upon receipt of an application for an agricultural manure storage facility, the designated approval authority shall transmit such application and its site plan to YCSWCD for its recommendations. The owner shall comply with any recommendation of YCSWCD. Exemption(s):
(a)
The design of an agricultural manure storage facility that is prepared and sealed by a registered design professional shall not be required to be transmitted to YCSWCD.
(4)
Setbacks. An agricultural manure storage facility shall be:
(a)
Located a minimum of 100 feet from a road right-of-way;
(b)
Located a minimum of 100 feet from a residential or nonagricultural structure, well, watercourse or water body.
(5)
Use classification. An agricultural manure storage facility shall be classified as a customarily accessory use to a farm operation.
 Figure 64 - Agricultural Manure Storage Facility |
B.
Commercial horse boarding and/or equine operation.
(1)
Access. Access to a commercial horse boarding and/or equine operation shall only be taken from a public road.
(2)
Caretaker quarters. A caretaker quarters may be provided within the principal building as an accessory dwelling unit, or on the lot of record as a detached single-unit dwelling.
(3)
Location. A commercial horse boarding and/or equine operation shall be located within an NYS-certified agricultural district.
(4)
Minimum lot area. A commercial horse boarding and/or equine operation shall be located on a lot of record that has a minimum lot area of seven acres pursuant to § 301 of the Agriculture and Markets Law of NYS, as currently in effect and as hereafter amended from time to time.
 Figure 65 - Site Plan of a Commercial Horse Boarding and/or Equine Operation |
C.
Farm stand. Farm stands operated in conjunction with a farm operation are permitted, provided that such use meets all of the following standards:
(1)
Access. Access to a farm stand shall only be taken from a public road.
(2)
Safety. Safe ingress and egress from a farm stand shall be required, including the provision of adequate pulloff areas and/or parking space for at least one vehicle.
(3)
Setback. A farm stand shall be set back a minimum of 10 feet from a road and its associated right-of-way.
D.
Farm waste energy system.
(1)
Intent. The intent of this subsection is to:
(a)
Ensure that an owner has assistance in design, placement and materials used to construct an farm waste energy system; and
(b)
Protect groundwater resources and water bodies within the Town; and
(c)
Protect the health, welfare and safety of the public.
(2)
Location. A farm waste energy system is only permitted at a farm operation located within an NYS-certified agricultural district.
(3)
NYS Real Property Tax Law exemption. The Town exercises its right to opt out of the tax exemption provisions of § 487 of the Real Property Tax Law of NYS, as currently in effect and as hereafter amended from time to time.
(4)
Registered design professional. The design of a farm waste energy system shall be prepared and sealed by a registered design professional. Exemption(s):
(a)
The design of a farm waste energy system that has obtained approval from the NYSDEC (e.g., solid waste and air pollution control permits) shall not be required to prepared and sealed by a registered design professional unless required otherwise by such state department. A copy of applicable NYSDEC approval shall be submitted for the Town to permit such exemption.
(5)
Setbacks. A farm waste energy system shall be:
(a)
Located a minimum of 100 feet from a road right-of-way;
(b)
Located a minimum of 100 feet from a residential or nonagricultural structure, well, watercourse or water body.
(6)
Use classification. A farm waste energy system shall be classified as an accessory use to a farm operation.
 Figure 66 - Farm Waste Energy System |
E.
Nursery. A nursery dealer or nursery grower shall be registered with NYSDAM as prescribed by Article 14 of the Agriculture and Markets Law of NYS, as currently in effect and as hereafter amended from time to time.
§ 350-70 Fences.
This structure shall be regulated by the Fence Law of the Town, as currently in effect and as hereafter amended from time to time.[1]
[1]
Editor's Note: See Ch. 197, Fences.
§ 350-71 Funeral establishment.
A.
Access. Access to a funeral establishment shall only be taken from a public road.
B.
Buffer and landscaping. A landscaping plan, which includes sizes and types of vegetation, shall be submitted for review and approval. This plan shall include a buffer located adjacent to all contiguous lots of record containing a residential use. No recreational activities, parking and/or structures shall be allowed in this buffer.
C.
Caretaker quarters. A caretaker quarters may be provided within the principal building as an accessory dwelling unit, or on the lot of record as a detached single-unit dwelling.
D.
Compliance with the Sanitary Code. A funeral establishment shall comply with § 77.7 of the Sanitary Code of NYS, as currently in effect and as hereafter amended from time to time. Where, in any specific case, conflicts occur between provisions of this chapter and such state law, the more restrictive requirement shall govern.
§ 350-72 Home occupation.
A.
Intent. The Town recognizes the need to establish regulations pertaining to home occupations as a result of increased opportunities and requirements to work at home. Home occupations will particularly benefit individuals with physical disabilities, as well as those having to care for children or the elderly within their home. The Town also recognizes the potential benefits to the local community that could be realized by those seeking services or goods supplied through home occupations. For these reasons, it is the intent of this section to establish regulations which will permit home occupations in a manner which will preserve the peace, quiet, and tranquility of the community and to ensure the compatibility of such uses with other uses permitted within the same zoning district.
B.
Uses permitted as a home occupation. Home occupations shall include but are not limited to the following uses:
(1)
Artists and sculptors.
(2)
Cabinet and furniture making as well as other types of fine woodworking.
(3)
Computer programming and support.
(4)
Contracting, masonry, plumbing or painting, or other contracting services. However, the storage of equipment and materials at the exterior property areas (i.e., not in an enclosed structure) is not permitted.
(5)
Clothing, repair and sales.
(6)
Direct sale product distribution (Amway, Avon, Jaffra, Mary Kay, Tupperware, etc.), provided there is no production on the premises.
(7)
Drafting and graphic services.
(8)
Dressmaking, sewing, tailoring and contract sewing.
(9)
Flower arranging.
(10)
Gunsmith, who shall be licensed by the ATF. A copy of such license shall be submitted to the Town to document compliance with this subsection.
(11)
Hair cutting and styling.
(12)
Home cooking and preserving.
(13)
Homebound employment of an emotionally, mentally and/or physically handicapped person who is unable to work away from home by reason of his or her disability.
(14)
Home crafts, including ceramics with kiln up to six cubic feet, jewelry making, basketry, etc.
(15)
Household items, repair and sales.
(16)
Locksmith.
(17)
Maintenance and repair of equipment, engines, tools and/or vehicles not requiring registration with NYS.
(18)
Music composing or instruction.
(19)
Pet grooming.
(20)
Professional office (e.g., attorney at law, dentist, doctor, financial consultant, insurance agent, real estate agent, registered design professional, etc.).
(21)
Quilting.
(22)
Saw, scissors, and blade sharpening.
(23)
Tailoring.
(24)
Television, radio, electronics, and appliance repair.
(25)
Tradesman's shop (e.g., carpentry shop, machine shop, welding shop, etc.).
(26)
Tutoring, provided that instruction is not given to more than four students at a time, except for occasional groups.
(27)
Watch repair.
(28)
Other similar uses which have been determined, in the opinion of the Code Enforcement Officer, to meet the intent of this section but shall not be a use prohibited as a home occupation as prescribed herein.
C.
Uses prohibited as a home occupation. The following uses by the nature of the investment or operation have a pronounced tendency once started to rapidly increase beyond the limits permitted for home occupations and thereby impair the use and values of the dwelling and are more suited to a commercial or industrial use defined by this chapter. Therefore, the following uses shall be prohibited as a home occupation:
(1)
Ambulance service.
(2)
Cannabis retail dispensary.
(3)
Cultural and/or fraternal activity.
(4)
Funeral establishment, hearse service.
(5)
Junkyards.
(6)
Kennels.
(7)
Laundromats and dry cleaning.
(8)
Limousine or taxi services that exceed more than one vehicle.
(9)
Maintenance and repair of equipment, engines, tools and/or vehicles requiring registration with NYS.
(10)
Medical marijuana dispensary.
(11)
Place of worship.
(12)
Tow truck services.
(13)
Tractor trailer operations or parking.
(14)
Uses intended for food and/or drink consumption (e.g., bars, night clubs, restaurants, taverns, etc.).
(15)
Veterinary facility.
(16)
Other similar uses which may, in the opinion of the Code Enforcement Officer, result in a significant adverse impact to the residential use of the subject lot of record or the community.
D.
Standards. A home occupation shall comply with the following standards:
(1)
Access to a home occupation shall only be taken from a public road.
(2)
A home occupation shall be conducted in whole or in part in a single-unit dwelling or an accessory structure that is incidental and subordinate to such dwelling.
(3)
No exterior evidence of the presence of a home occupation shall be permitted except as permitted in this section; nor shall the presence of such incidental and subordinate use change the exterior character of the single-unit dwelling.
(a)
A home occupation shall not have any outdoor retail sales and/or outdoor storage.
(b)
No goods, stock-in-trade, or other commodities and/or services may be displayed outside a fully enclosed structure.
(4)
The owner shall have his/her/their permanent place of abode at the subject lot of record in accordance with the records of the Town Assessor and shall be the owner/operator of the home occupation.
(5)
Only members of the family residing in the same single-unit dwelling and not more than one other employee shall be employed in the operation of a home occupation.
(6)
Not more than one home occupation shall be permitted at a lot of record.
(7)
A home occupation located within a single-unit dwelling shall not exceed 50% of the gross floor area of such dwelling. However, a home occupation located in an accessory structure is permitted to occupy the entire structure, but shall comply with the applicable provisions of this chapter and any other applicable law.
(8)
Inventory and supplies shall not occupy more than 50% of the gross floor area permitted for a home occupation.
(9)
No traffic shall be generated in substantially greater volumes than would normally be expected from a single-unit dwelling (i.e., a maximum of 10 vehicle trips per day per ITE Trip Generation, 10th edition).
(10)
A home occupation shall not involve a high hazard (Group H) occupancy as defined by the Uniform Code.
(11)
Adequate provisions shall be made for water, wastewater and the disposal of solid waste, in accordance with any applicable law.
(12)
In no case shall a home occupation be open to the public at times earlier than 7:00 a.m. nor later than 7:00 p.m.
(13)
A home occupation shall be permitted to have one sign that conforms to the following:
(a)
A sign for a home occupation shall not be illuminated; and
(b)
A sign for a home occupation shall have a maximum sign area of 16 square feet; and
(c)
A sign for a home occupation shall have a maximum height of six feet.
§ 350-73 Hospice.
A.
Access. Access to a hospice shall only be taken from a public road.
B.
Buffer and landscaping. A landscaping plan, which includes sizes and types of vegetation, shall be submitted for review and approval. This plan shall include a buffer located adjacent to all contiguous lots of record containing a residential use. No recreational activities, parking and/or structures shall be allowed in this buffer.
C.
Caretaker quarters. A caretaker quarters may be provided within the principal building as an accessory dwelling unit, or on the lot of record as a detached single-unit dwelling.
D.
Compliance with Public Health Law. A hospice shall comply with Article 40 of the Public Health Law of NYS, as currently in effect and as hereafter amended from time to time. Where, in any specific case, conflicts occur between provisions of this chapter and such state law, the more restrictive requirement shall govern.
§ 350-74 Hotel.
A.
Access. Access to a hotel shall only be taken from a public road.
B.
Accessory uses. Accessory uses associated with a hotel, which are but shall not be limited to a restaurant, cafeteria, swimming pool and health facility, newsstand, pharmacy, barbershop, hairdresser, gift shop and other personal service shops for the convenience of guests, shall be classified as an customarily accessory use and shall be permitted.
C.
Buffer and landscaping. A landscaping plan, which includes sizes and types of vegetation, shall be submitted for review and approval. This plan shall include a buffer located adjacent to all contiguous lots of record containing a residential use. No recreational activities, parking and/or structures shall be allowed in this buffer.
D.
Caretaker quarters. A caretaker quarters may be provided within the principal building as an accessory dwelling unit or on the lot of record as a detached single-unit dwelling.
E.
Compliance with the Sanitary Code. A hotel shall comply with Part 7, specifically Subpart 7-1, of the Sanitary Code of NYS, as currently in effect and as hereafter amended from time to time. Where, in any specific case, conflicts occur between provisions of this chapter and such state law, the more restrictive requirement shall govern.
F.
Minimum lot area. A hotel shall be located on a lot of record with a lot area of five acres or more.
§ 350-75 Hotel, extended stay.
This use shall conform to the standards for a hotel as well as the following additional standards:
A.
Cooking facilities. Each unit having cooking facilities shall be required to install electrical cooking devices that are equipped with a maximum sixty-minute automatic power off-timer.
B.
Maximum stay for individual guest. No individual guests shall register, reside in, or occupy any dwelling unit within an extended stay hotel for more than a ninety-day period.
§ 350-76 Junkyard.
A.
Buffer and landscaping. A landscaping plan, which includes sizes and types of vegetation, shall be submitted for review and approval. This plan shall include a buffer located adjacent to all contiguous lots of record containing a residential use. No recreational activities, parking and/or structures shall be allowed in this buffer.
B.
Compliance with the law. This use shall be regulated by the Junkyard Law of the Town, as currently in effect and as hereafter amended from time to time, and/or any other applicable law.[1]
[1]
Editor's Note: See Ch. 234, Junkyards.
§ 350-77 Kennel.
A.
Specific definitions. The following terms are specific to the use regulated by this section:
COMMERCIAL KENNEL
This term shall bear the same meaning as "commercial kennel" that is defined in the Animals Law of the Town of Milo, as currently in effect and as hereafter amended from time to time.[1]
DOG
This term shall bear the same meaning as "dog" that is defined in the Animals Law of the Town of Milo, as currently in effect and as hereafter amended from time to time.[2]
EXEMPT KENNEL
This term shall bear the same meaning as "exempt kennel" that is defined in the Animals Law of the Town of Milo, as currently in effect and as hereafter amended from time to time.[3]
NONCOMMERCIAL KENNEL
This term shall bear the same meaning as "noncommercial kennel" that is defined in the Animals Law of the Town of Milo, as currently in effect and as hereafter amended from time to time.[4]
[1]
Editor's Note: See Ch. 142, Animals.
[2]
Editor's Note: See Ch. 142, Animals.
[3]
Editor's Note: See Ch. 142, Animals.
[4]
Editor's Note: See Ch. 142, Animals.
B.
Animals law. This use shall comply with the applicable provisions of the Animals Law of the Town, as currently in effect and as hereafter amended from time to time.[5]
[5]
Editor's Note: See Ch. 142, Animals.
C.
Other laws. This use shall comply with the applicable provisions of the following state and federal laws:
(1)
Article 7 of the Agriculture and Markets Law of NYS, Licensing, Identification and Control of Dogs, as currently in effect and as hereafter amended from time to time.
(2)
Article 26 of the Agriculture and Markets Law of NYS, Animals, as currently in effect and as hereafter amended from time to time.
(3)
Article 26-A of the Agriculture and Markets Law of NYS, Care of Animals by Pet Dealers, as currently in effect and as hereafter amended from time to time.
(4)
Article 35-D of the General Business Law of NYS, Sale of Dogs and Cats, as currently in effect and as hereafter amended from time to time.
(5)
Title 1 NYCRR Part 65, Importation of Dogs and Cats, as currently in effect and as hereafter amended from time to time.
(6)
United States Animal Welfare Act (AWA), as currently in effect and as hereafter amended from time to time.[6]
[6]
Editor's Note: See 7 U.S.C. § 2131 et seq.
D.
Minimum lot area.
(1)
Commercial kennel. The minimum lot size for a commercial kennel shall be as follows:
(a)
Five to 10 dogs, each of which complies with the criteria prescribed in the definition of a "commercial kennel," shall have a minimum lot size of two acres.
(b)
Eleven to 20 dogs, each of which complies with the criteria prescribed in the definition of a "commercial kennel," shall have a minimum lot size of three acres.
(c)
For each additional one acre beyond three acres, an additional 10 dogs, each of which complies with the criteria prescribed in the definition of a "commercial kennel," is permitted.
(d)
The minimum lot size requirements set forth herein shall be waived if the number of dogs, each of which complies with the criteria prescribed in the definition of a "commercial kennel," at a commercial kennel is deemed acceptable by NYSDAM, USDA or a veterinarian.
(2)
Exempt kennel. The minimum lot size for an exempt kennel shall comply with the minimum lot size for an essential government service (e.g., municipal animal shelter) or veterinary facility as prescribed by this chapter.
(3)
Noncommercial kennel. The minimum lot size for a noncommercial kennel shall comply with the minimum lot size for the applicable zoning district as prescribed by this chapter.
E.
Hours of confinement. All dogs shall be confined in a fully enclosed shelter between the hours of 9:00 p.m. and 7:00 a.m.
F.
Setbacks.
(1)
No outdoor area enclosed by fences for the use of kennels shall be permitted within the front yard or within 50 feet of any side or rear lot line.
(2)
Shelters for the use of kennels shall not be closer than 100 feet to any lot line.
G.
Standard of care.
(1)
State- or federal-licensed kennels. A kennel that is licensed by NYSDAM and/or the USDA shall comply with the minimum standards of care prescribed by such state and/or federal departments.
(2)
Other kennels. A kennel that is not required to be licensed by NYSDAM and/or the USDA shall comply with the minimum standards of care prescribed within § 401 of the Agriculture and Markets Law of NYS regardless of whether such kennel is classified as a pet dealer as defined in § 400 of the Agriculture and Markets Law of NYS, as currently in effect and as hereafter amended from time to time.
(3)
Veterinary care. All veterinary care shall be provided in accordance with Article 135 of the Education Law of NYS, as currently in effect and as hereafter amended from time to time, and the "Practice Guidelines for Veterinary Medicine and Veterinary Technology in NYS," which such guidelines were developed and approved by the NYS Board for Veterinary Medicine and the NYSED.
H.
Complaints.
(1)
State- or federal-licensed kennels. Complaints of cruelty, abuse, or neglect of dogs at a kennel that is required to be licensed by NYSDAM and/or the USDA shall be investigated by such state and/or federal department.
(2)
Other kennels. Complaints of cruelty, abuse, or neglect of dogs at a kennel that is not required to be licensed by NYSDAM and/or the USDA shall be investigated by any police officer having jurisdiction in the Town or an agent or officer of the American Society for the Prevention of Cruelty to Animals or any duly incorporated society for the prevention of cruelty to animals, which such authority is prescribed in § 373 of the Agriculture and Markets Law of NYS, as currently in effect and as hereafter amended from time to time.
I.
Assistance from a veterinarian. The Code Enforcement Officer and/or designated approval authority shall have the authority to obtain the assistance from a veterinarian as may be deemed necessary and appropriate under the circumstances. The owner shall pay any expense incurred by the Town as it pertains to such assistance.
 Figure 67 - Kennel |
§ 350-78 Industrial, heavy or light.
A.
Access. Access to an industrial use, whether heavy or light, shall only be taken from a public road.
B.
Buffer and landscaping. A landscaping plan, which includes sizes and types of vegetation, shall be submitted for review and approval. This plan shall include a buffer located adjacent to all contiguous lots of record containing a residential use. No recreational activities, parking and/or structures shall be allowed in this buffer.
C.
Food processing establishment and commissary.
(1)
Access. Access to a food processing establishment and commissary shall only be taken from a public road.
(2)
Use classification. A food processing establishment and commissary shall be classified as a light industrial use for the purposes of this chapter.
(3)
Caretaker quarters. A caretaker quarters may be provided within the food processing establishment and commissary as an accessory dwelling unit, or on the lot of record as a detached single-unit dwelling.
(4)
Compliance with the Sanitary Code. A food processing establishment and commissary shall comply with Part 14 of the Sanitary Code of NYS, as currently in effect and as hereafter amended from time to time. Where, in any specific case, conflicts occur between provisions of this chapter and such state law, the more restrictive requirement shall govern.
D.
High volume water withdrawal system.
(1)
Compliance with 6 NYCRR Part 601. A high volume water withdrawal system shall comply with 6 NYCRR Part 601, Water Withdrawal Permitting, Reporting and Registration, as currently in effect and as hereafter amended from time to time.
(2)
Use classification. A high volume water withdrawal system shall be classified as a heavy industrial use for the purposes of this chapter.
(3)
Town Engineer. An application for a high volume water withdrawal system shall be reviewed by the Town Engineer prior to any determination by the designated approval authority.
E.
Mining.
(1)
Intent. These standards shall apply to any new mining activities in the Town that are not subject to the jurisdiction of Article 15 of the Environmental Conservation Law of NYS or to the Public Lands Law of NYS, as currently in effect and as hereafter amended from time to time.
(2)
Use classification. Mining shall be classified as a heavy industrial use for the purposes of this chapter.
(3)
Town Engineer. An application for any new mining activities in the Town shall be reviewed by the Town Engineer prior to any determination by the designated approval authority.
(4)
Application. In addition to the application requirements for a special use permit as prescribed by this chapter, the owner shall submit all of the following additional information:
(a)
A survey, which shall be prepared and sealed by a land surveyor, of the entire site on which the mining activity is proposed showing topography, the locations of all streams, wetlands and other bodies of water and existing vegetation.
(b)
A site plan, which shall be prepared and sealed by a registered design professional, showing the lands to be mined, all proposed buildings or structures, equipment, parking or storage areas, access roadways and all required buffer areas and visual barriers.
(c)
A mined land use plan that is in compliance with § 23-2713 of the Environmental Conservation Law of NYS, as currently in effect and as hereafter amended from time to time. If the proposed mining activities are not applicable to such law, the provisions of this section of state law shall still be satisfied but the designated approval authority shall be substituted for the term "department."
(d)
Information shall be prepared and sealed by a registered design professional as it pertains to the width, bearing capacity and type of road surface of all Town roads proposed to be used by truck traffic to or from the site and the nearest county or state highway, and the weight of the vehicles using the facility.
(e)
Any other information deemed reasonable and necessary by the designated approval authority.
(5)
Standards.
(a)
Access.
[1]
Vehicular access shall be so arranged as to minimize danger and congestion along adjoining roads and to avoid the creation of nuisances to nearby lands. Access drives used by trucks shall only intersect with a county- or NYS-designated road.
[2]
All vehicular access shall be designed and located so as to permit the following minimum sight distances measured from a point at least 10 feet behind the curbline or edge of the right-of-way of an intersecting public road. No sight obstructions shall be permitted which are greater than three feet or less than 10 feet above the road's surface.
Table 3 — Sight Distances | |
|---|---|
Speed Limitation on Public Road (mph) | Required Sight Distance (feet) |
25 | 250 |
30 | 275 |
35 | 315 |
40 | 350 |
45 | 426 |
50 | 475 |
55 | 550 |
[3]
The design of all vehicular access shall be prepared and sealed by a registered design professional and such design shall comply with the applicable requirements for a fire apparatus access road prescribed in the Uniform Code.
[4]
In general, vehicular access shall intersect public roads at 90° as site conditions permit, however in no case shall access drives intersect public roads at less than 70°. Such angle shall be measured from the center line of the public road to the center line of the access drive.
(b)
Fencing. In order to protect life and safety, a fence measuring at least six feet in height shall enclose all mining activities. If a chain-link fence is used, such fence shall include a vegetative screen that is provided along the outside of the fence.
(c)
Financial security for reclamation. The owner shall provide evidence that the financial security for reclamation as prescribed by § 23-2715 of the Environmental Conservation Law of NYS, as currently in effect and as hereafter amended from time to time, has been provided. If the proposed mining activities are not applicable to such law, the provisions of this section of state law shall still be satisfied but the designated approval authority shall be substituted for the term "department." Lastly, the designated approval authority shall determine the amount, condition, and terms of the financial security based on the written recommendations of the Town Attorney and Town Engineer.
(d)
Minimum lot area. A lot of record containing a mining activity shall have a minimum lot area of 25 acres.
(e)
Screening. Where a lot of record containing a mining activity is contiguous to a boundary of a zoning district, a lot of record containing an existing residential use and/or a public road, screening shall be provided that is comprised of an earthen berm at least 10 feet in height. Such berm shall be located on the lot of record containing the mining activity and placed so as to maximize the berm's ability to absorb and/or block views of and/or noise, dust, smoke, etc., generated by the mining activities. The berm shall also be completely covered and maintained with an approved vegetative ground cover. In addition, a landscape screen shall also be provided atop of such berm. The landscape screen shall consist of evergreen shrubs and trees arranged to form both a low-level and a high-level screen within a strip of land with a minimum width of 10 feet. The high-level screen shall consist of evergreen trees of not less than five feet in height at the time of planting that shall be planted at intervals of not more than 10 feet. The low-level screen shall consist of evergreen shrubs of not less than three feet in height at the time of planting that shall be planted at intervals of not more than five feet. The landscape screen shall be permanently maintained.
(f)
Setbacks.
[1]
Any excavation or quarry wall, and any equipment used for rock, gravel, soil or mineral crushing or other processing, shall be located a minimum of 250 feet from a contiguous lot of record or public road, which the later shall include its right-of-way.
[2]
No internal roadways (AKA "private roads") within the lot of record shall be closer than 200 feet from contiguous lot of record.
[3]
No buildings or structures, equipment, parking spaces or storage areas shall be closer than 100 feet from a contiguous lot of record or public road, which the later shall include its right-of-way.
[4]
No mining activities, buildings, structures, parking areas, equipment or production storage areas shall be located within 100 feet from a stream or any wetland as defined by local, state or federal law.
(g)
Traffic impact. The owner proposing a mining activity at a lot of record shall submit a traffic impact study prepared and sealed by a registered design professional. Furthermore, such owner shall comply with the applicable provisions of the Highways and Private Roads Law of the Town, as currently in effect and as hereafter amended from time to time,[1] which may require such owner to submit additional information in order to obtain a highway preservation use and repair permit. Lastly, the owner shall submit evidence that approval has been obtained from the AHJ (e.g., Highway Superintendent of the County, NYSDOT, etc.) as it pertains to the use of other public roads for the mining activity.
[1]
Editor's Note: See Ch. 222, Highways and Private Roads.
F.
Underground gas storage facility.
(1)
Use classification. An underground gas storage facility shall be classified as a heavy industrial use for the purposes of this chapter.
(2)
Town Engineer. An application for an underground gas storage facility shall be reviewed by the Town Engineer prior to any determination by the designated approval authority.
(3)
NYSDEC. Approvals such as but not limited to a well permit and underground storage permit are required to be issued by the NYSDEC prior to the commencement of operations and/or work for an underground gas storage facility. A copy of such approvals shall be submitted to the Town.
G.
Prohibited industrial uses. The following industrial uses are prohibited in the Town:
(1)
Acetylene gas manufacture for commercial purposes.
(2)
Ammonia, chlorine and/or bleaching powder manufacture.
(3)
Arsenal.
(4)
Asphalt manufacture and/or refining.
(5)
Blast furnace, not including cupola and/or converter furnaces used in foundries and/or inverter furnaces used in foundries and in which no wood is used as fuel.
(6)
Boiler shops, structural steel fabricating shops, metalworking shops, which operate reciprocating hammers and/or chisels and/or other noise-producing electric and/or pneumatic tools within 100 feet of any contiguous lot of record and outside of any masonry buildings.
(7)
Bronze and/or aluminum powder manufacture.
(8)
Carbon, lampblack, shoe blacking, graphite and/or stove polish manufacture.
(9)
Celluloid and/or other cellulose products manufacture.
(10)
Coal tar products manufacture.
(11)
Creosote treatment and/or manufacture.
(12)
Disinfectant and/or insecticide manufacture.
(13)
Disposal, storage and/or treatment of natural gas and/or petroleum exploration, extraction and/or production materials by high volume hydraulic fracturing.
(14)
Disposal, storage and/or treatment of natural gas and/or petroleum exploration, extraction and production wastes by hydraulic fracturing.
(15)
Disposal of radioactive material.
(16)
Distillation of coal, wood and/or bones.
(17)
Excelsior and/or fiber manufacture.
(18)
Exploration for or extraction of natural gas and/or petroleum by high volume hydraulic fracturing.
(19)
Explosives, fireworks and/or match manufacture, assembling or storage in bulk, except the manufacture, assembling and/or storage in bulk of safety matches in book form.
(20)
Fat rendering.
(21)
Fertilizer manufacture and/or potash refining.
(22)
Glue and/or gelatin manufacturing and/or processing involving recovering from fish and/or animal offal.
(23)
Incinerator, unless operated by the Town.
(24)
Lime, gypsum, cement, plaster and/or plaster of paris manufacture, except the mixing of plaster.
(25)
Linoleum and/or oil cloth manufacture.
(26)
Natural gas and/or petroleum support activities for high volume hydraulic fracturing.
(27)
Natural gas and/or petroleum wastes dump.
(28)
Ore reduction and/or the smelting of iron, copper, tin, zinc and/or lead.
(29)
Paint, oil varnish, turpentine, shellac and/or enamel manufacture, except the mixing of wet paints.
(30)
Perfume and/or extract manufacture.
(31)
Petroleum refining.
(32)
Poisons manufacture, fumigates, carbon disulphide, hydrocyanic acid, ethyl, stomach poisons, arsenate of lead, arsenate of calcium, hellebore and/or paris green, contact insecticides, lime, sulfur, nicotine and/or kerosene emulsions.
(33)
Printing ink manufacture.
(34)
Radium extraction.
(35)
Solid waste management facility.
(36)
Storage, coloring, curing, dressing and/or tanning of raw, green salted hides and/or skins.
(37)
Rubber caoutchouc and/or gutta percha manufacture from crude and/or scrap material, except in connection with a rubber products manufacture plant.
(38)
Soap, soda ash and/or washing compound manufacture, except products not containing caustic soda.
(39)
Starch, glucose and/or dextrine manufacture.
(40)
Sulfurous, sulfuric, nitric, picric and/or hydrochloric acid and/or other corrosive and/or offensive acid manufacture and/or their use and/or storage, except on a limited scale as accessory to a permitted industry.
(41)
Tallow, grease, lard and/or candle manufacture and/or refining.
(42)
Tar distillation and/or the manufacture of aniline dyes.
(43)
Tar roofing and/or waterproofing manufacture, except where the tar and/or asphalt is treated at a temperature under 100° F.
(44)
Wool pulling and/or scouring, except in connection with a woolen mill.
(45)
Yeast manufacture.
§ 350-79 Manufactured housing community.
A.
Specific definitions. The following terms are specific to the use regulated by this section:
MANUFACTURED HOUSING COMMUNITY SITE
A designated parcel of land in a manufactured housing community designed for accommodating one manufactured home, its accessory structures and accessory equipment for the exclusive use of the occupants of the manufactured home.
OPEN SPACE
Any area of land and/or water within a manufactured housing community, not individually owned or publicly dedicated, that is designed and intended for the common use or enjoyment of such community's occupants and their guests and may include recreational improvements as are necessary and appropriate. A maintenance and ownership agreement shall be prepared, approved by the Town Attorney and recorded at the Office of the County Clerk for all proposed open space. The Town shall not be held responsible for any ownership or maintenance of any proposed open space.
SERVICE BUILDING
A structure built to accommodate services for the occupants of the manufactured housing community, such as but not limited to the management office, indoor recreational facilities (e.g., gym, indoor swimming pool, etc.) and light commercial uses supplying essential goods or services (e.g., convenience store, ice cream parlor, laundry facilities, etc.). Such services may be open to the public but the structure accommodating such service shall be located so it is adjacent to a public road, separated from a manufactured housing community side by 25 feet and shall provide the minimum number of parking spaces required for such use as prescribed by this chapter.
B.
Compliance with the Sanitary Code. A manufactured housing community shall comply with Part 17 of the Sanitary Code of NYS, as currently in effect and as hereafter amended from time to time, regardless of its applicability. Where, in any specific case, conflicts occur between provisions of this chapter and such state law, the more restrictive requirement shall govern.
C.
Existing manufactured housing community.
(1)
Classification as a nonconforming use. An existing manufactured housing community that does not meet the standards set forth in this section shall be classified as a nonconforming use.
(2)
Modifications at an existing manufactured housing community. Any modifications to an existing manufactured housing community that causes a nonconforming element to become more conforming to an applicable provision of this chapter shall be permitted as a right.
(3)
Replacement of a manufactured home. An existing manufactured home located at an existing manufactured housing community is permitted to be replaced without requiring nonconforming elements of such community to be rectified nor a variance approved by the designated approval authority.
D.
Standards.
(1)
Access. Access to a manufactured housing community shall only be taken from a public road.
(2)
Buffer. A buffer shall be installed at the perimeter of a lot of record containing a manufactured housing community.
(3)
Interior roads. An interior road located within a manufactured housing community shall be classified as a private road and shall be designed, constructed and maintained pursuant to law.
(4)
Landscaping. A landscaping plan, which includes sizes and types of vegetation, shall be submitted for review and approval. This plan shall include a buffer located adjacent to all contiguous lots of record. No recreational activities, parking and/or structures shall be allowed in this buffer.
(5)
Manufactured housing community.
(a)
A manufactured housing community shall be located on a lot of record with a lot area of 20 acres or more.
(b)
A manufactured housing community shall be located on a well-drained site and shall be designed and maintained as not to create a public health hazard or nuisance, and shall meet all applicable provisions of law.
(c)
Any building, manufactured home and/or structure shall be set back a minimum distance of 25 feet from any of the lot lines of a lot of record whose principal use is a manufactured housing community.
(d)
All utilities shall be located underground.
 Figure 68 - Site Plan of a Manufactured Housing Community |
(6)
Manufactured housing community site.
(a)
A manufactured home community site shall have a driveway that will ensure safe and easy access under normal use and weather conditions.
(b)
A manufactured home installed at a manufactured housing community site shall be set back a minimum of 10 feet from an abutting edge of a right-of-way of an interior road.
(c)
A manufactured home installed at a manufactured housing community site shall be set back a minimum of 10 feet from such site's side lines.
(d)
A manufactured home installed at a manufactured housing community site shall be set back a minimum of 10 feet from such site's rear line.
(e)
A maximum of one private garage, which shall be less than 144 gross square feet, may be erected on a manufactured housing community site.
(f)
The outdoor storage of marine and/or recreation vehicles shall not be permitted on a manufactured housing community site.
 Figure 69 - Manufactured Housing Community Site |
(7)
Open space. A lot of record whose principal use is a manufactured housing community shall dedicate a minimum of 10% of the lot area to open space, which such space shall comply with the following minimum standards:
(a)
For the purpose of calculation of the open space, such space shall be separate and distinct from required buffers, setbacks and yards. Open space may also include wetlands and their buffers, other critical environmental areas, and stormwater facilities.
(b)
All open space shall include any two or more facilities for active and/or passive recreation from the lists below.
[1]
Active recreation facilities.
[a]
Children's play equipment, such as slides, swings, and play structures.
[b]
A paved hard court for activities such as basketball, tennis, pickleball, etc.
[c]
A flat, open lawn area that may serve as a ball field for active play.
[d]
Golf orientated facility.
[e]
Swimming pool.
[f]
Other type of active recreation facility approved by the designated approval authority.
[2]
Passive recreation facilities.
[a]
Facilities for walking, such as trails, benches, etc.
[b]
Picnicking facilities, such as picnic tables, shelters, etc.
[c]
Year-round water features, such as a fountain, pond, stream, etc.
[d]
Other types of passive recreation facility approved by the designated approval authority.
 Figure 70 - Recreational Facilities at a Manufactured Housing Community |
(c)
The open space shall have access for residents of the manufactured housing community and shall be consolidated to provide maximum access, visibility, usability, minimization of impacts to residential uses, and ease of maintenance. The requirement that the open space be consolidated may be waived by the designated approval authority upon a finding that the residents of the manufactured housing community would receive a greater benefit if the required open space were provided in another configuration due to the unique topographic conditions or fish and wildlife habitat values of the lot of record.
(8)
Outdoor storage of marine and/or recreational vehicles. A manufactured housing community may include a designated area for the parking of marine and/or recreation vehicles, which may not be considered as part of the open space requirement of this section. Furthermore, such designated area shall be set back a minimum of 50 feet from any manufactured home as well as any lot line of the lot of record whose principal use is a manufactured housing community. Lastly, such storage shall be executed in a safe manner and shall not obstruct any means of egress or road.
(9)
Service buildings.
(a)
A service building shall be a permanent structure that is constructed in accordance to the applicable provisions of the Uniform Code.
(b)
A service building provided within the manufactured housing community shall be set back from a manufactured home by 10 feet.
 Figure 71 - Service Building (i.e., Laundry Facility) at a Manufactured Housing Community |
§ 350-80 Marina.
A.
Access. Access to a marina shall only be taken from a public road.
B.
Accessory uses. Accessory uses associated with a marina, which are but shall not be limited to fueling, repairs and maintenance, hauling and indoor storage, retail sales, and yacht club facilities, including restaurant or lounge, shall be classified as a customarily accessory use and shall be permitted.
C.
Buffer and landscaping. A landscaping plan, which includes sizes and types of vegetation, shall be submitted for review and approval. This plan shall include a buffer located adjacent to all contiguous lots of record containing a residential use. No recreational activities, parking and/or structures shall be allowed in this buffer.
D.
Caretaker quarters. A caretaker quarters may be provided within the principal building as an accessory dwelling unit or on the lot of record as a detached single-unit dwelling.
E.
Marine vessels prohibited as permanent living quarters. Marine vessels shall not be utilized as permanent living accommodations. Such vessels may be utilized for temporary sleeping or living accommodations, provided that an adequate shoreline pump-out installation is provided and is approved by the AHJ.
F.
Outdoor storage of boats and/or boat trailers may be permitted at a marina by the means of a special use permit if the following additional determination criteria are satisfied:
(1)
Such storage shall be effectively screened from view from a contiguous lot of record containing a residential use; and
(2)
Such storage shall not exceed 40% of the lot area at the subject lot of record.
G.
Rear yard. An accessory and/or principal building at a marina is permitted to have a rear yard that is contiguous to Keuka Lake or Seneca Lake of zero feet.
 Figure 72 - Site Plan of a Marina |
§ 350-80.1 Medical marijuana dispensary.
A.
Compliance with the law. No person or entity shall produce, grow, or sell medical marijuana or hold itself out as an NYS-licensed organization unless it has complied with Article 33 of the Public Health Law of NYS, as currently in effect and as hereafter amended from time to time, and/or any other applicable law.
B.
Approved products. A medical marijuana dispensary shall only dispense approved medical marijuana products in accordance with Article 33 of the Public Health Law of NYS, as currently in effect and as hereafter amended from time to time, and/or any other applicable law.
C.
Buffer and landscaping. A landscaping plan, which includes sizes and types of vegetation, shall be submitted for review and approval. This plan shall include a buffer located adjacent to all contiguous lots of record containing a residential use. No recreational activities, parking and/or structures shall be allowed in this buffer.
D.
Building requirements.
(1)
A medical marijuana dispensary shall operate within a permanently constructed, fixed structure. It is prohibited to operate from a vehicle or within a nonpermanent structure.
(2)
A medical marijuana dispensary shall have its means of egress independent from any other use and shall directly discharge to a public way. For the purposes of this section, "means of egress" and "public way" are defined by the Uniform Code.
(3)
A medical marijuana dispensary shall only dispense approved medical marijuana products in an indoor, enclosed, secure facility.
(4)
A medical marijuana dispensary shall have a security system to prevent and detect diversion, theft, or loss of marijuana and/or medical marijuana products, using commercial grade equipment.
E.
Licenses and/or permits. A medical marijuana dispensary shall submit evidence that all necessary licenses and/or permits have been obtained from NYS and all other AHJs to the Town. Said licenses and/or permits shall be posted in a conspicuous place, near the main exit or exit access doorway.
F.
Location restriction(s).
(1)
A medical marijuana dispensary shall not be located and/or operated within 500 feet of:
(a)
A place of worship; or
(b)
A building containing a child day-care establishment; or
(c)
A building containing a school; or
(d)
A park; or
(e)
A building containing a residential use and/or Residential Group R use and occupancy as defined by the New York State Uniform Fire Prevention and Building Code; or
(f)
A structure or facility providing, whether wholly or partially, an essential public service; or
(g)
A building containing licensed premises as defined by § 3 of the Alcoholic Beverage Control Law of the State of New York, as currently in effect and as hereafter amended from time to time; or
(h)
A building containing another medical marijuana dispensary;
(i)
A correctional facility.
(2)
For the purpose of this subsection, measurement shall be made in a straight line, without regard to the intervening structures or objects, from the nearest portion of the building or structure used as the part of the premises where a medical marijuana dispensary is conducted to the nearest portion of the building or structure of a restricted location listed herein. Presence of a Town, village or other political subdivision boundary shall be irrelevant for purposes of calculating and applying these distance requirements.
G.
Prohibited action(s). A medical marijuana dispensary shall not dispense approved medical marijuana products from the same location where the marijuana is grown or manufactured.
§ 350-80.2 Midwifery birth center.
A.
Compliance with the law. A midwifery birth center shall comply with the 10 NYCRR, Chapter V, Subchapter C, Part 795, as currently in effect and as hereafter amended from time to time, and any other applicable law. Where, in any specific case, conflicts occur between the provisions of this chapter and such state law, the more restrictive requirement shall govern.
B.
Accreditation of a midwifery birth center; approval to operate.
(1)
A midwifery birth center shall be accredited as prescribed in § 795.11 of 10 NYCRR, Chapter V, Subchapter C, Part 795, as currently in effect and as hereafter amended from time to time.
(2)
A midwifery birth center shall be approved to operate by the Commissioner of Health.
C.
Buffer and landscaping. A landscaping plan, which includes sizes and types of vegetation, shall be submitted for review and approval. This plan shall include a buffer located adjacent to all contiguous lots of record containing a residential use. No recreational activities, parking and/or structures shall be allowed in this buffer.
§ 350-81 Motel.
A.
Access. Access to a motel shall only be taken from a public road.
B.
Accessory uses. Accessory uses associated with a motel, which are but shall not be limited to a restaurant, cafeteria, swimming pool and health facility, newsstand, pharmacy, barbershop, hairdresser, gift shop and other personal service shops for the convenience of guests, shall be classified as an customarily accessory use and shall be permitted.
C.
Buffer and landscaping. A landscaping plan, which includes sizes and types of vegetation, shall be submitted for review and approval. This plan shall include a buffer located adjacent to all contiguous lots of record containing a residential use. No recreational activities, parking and/or structures shall be allowed in this buffer.
D.
Caretaker quarters. A caretaker quarters may be provided within the principal building as an accessory dwelling unit, or on the lot of record as a detached single-unit dwelling.
E.
Compliance with the Sanitary Code. A hotel shall comply with Part 7, specifically Subpart 7-1, of the Sanitary Code of NYS, as currently in effect and as hereafter amended from time to time. Where, in any specific case, conflicts occur between provisions of this chapter and such state law, the more restrictive requirement shall govern.
F.
Minimum lot area. A motel shall be located on a lot of record with a lot area of five acres or more.
§ 350-82 Museum.
A.
Access. Access to a museum shall only be taken from a public road.
B.
Buffer and landscaping. A landscaping plan, which includes sizes and types of vegetation, shall be submitted for review and approval. This plan shall include a buffer located adjacent to all contiguous lots of record containing a residential use. No recreational activities, parking and/or structures shall be allowed in this buffer.
C.
Caretaker quarters. A caretaker quarters may be provided within the principal building as an accessory dwelling unit, or on the lot of record as a detached single-unit dwelling.
§ 350-83 Nursery, retail.
A.
Access. Access to a retail nursery shall only be taken from a public road.
B.
Buffer and landscaping. A landscaping plan, which includes sizes and types of vegetation, shall be submitted for review and approval. This plan shall include a buffer located adjacent to all contiguous lots of record containing a residential use. No recreational activities, parking and/or structures shall be allowed in this buffer.
C.
Caretaker quarters. A caretaker quarters may be provided within the principal building as an accessory dwelling unit, or on the lot of record as a detached single-unit dwelling.
D.
Registration. A nursery dealer or nursery grower shall be registered with NYSDAM as prescribed by Article 14 of the Agriculture and Markets Law of NYS, as currently in effect and as hereafter amended from time to time.
E.
Setbacks. The following setbacks are required in addition to those of the zoning district:
(1)
Any and all mechanized firewood equipment not located within an enclosed structure shall be located a minimum of 100 feet from any contiguous lot of record.
(2)
Outdoor storage of nursery materials and/or products as well as nursery display areas shall meet all the setback requirements applicable to accessory structures.
§ 350-84 Outdoor retail sales.
A.
Area. Outdoor retail sales shall not occupy more than 40% of the lot area at the lot of record. Exemption(s):
(1)
Agricultural business.
(2)
Agricultural fairground.
(3)
Agricultural service use (e.g., tractor sales).
(4)
Nursery, retail.
(5)
Vehicle rental and sales establishment.
B.
Buffer and landscaping. A landscaping plan, which includes sizes and types of vegetation, shall be submitted for review and approval. This plan shall include a buffer located adjacent to all contiguous lots of record containing a residential use. No recreational activities, parking and/or structures shall be allowed in this buffer.
C.
Conjunction with permitted commercial use. Outdoor retail sales shall only be allowed in conjunction with a principal building whose use is commercial, whether heavy or light in nature.
D.
Pedestrian and/or vehicle traffic. Outdoor retail sales shall not encroach upon any driveway, means of egress and/or required loading or parking space. In addition, outdoor retail sales shall not obstruct sight distances or otherwise create hazards for pedestrian and/or vehicle traffic.
E.
Outdoor retail sales of machinery and/or vehicles.
(1)
Machinery and/or vehicles shall be stored in an orderly manner and shall be maintained in a good state of repair.
(2)
Partially dismantled or wrecked machinery and/or vehicles shall be stored in an enclosed building or an area that is sufficiently screened from public view.
§ 350-85 Outdoor sportsperson club.
A.
Access. Access to an outdoor sportsperson club shall only be taken from a public road.
B.
Buffer and landscaping. A landscaping plan, which includes sizes and types of vegetation, shall be submitted for review and approval. This plan shall include a buffer located adjacent to all contiguous lots of record containing a residential use. No recreational activities, parking and/or structures shall be allowed in this buffer.
C.
Caretaker quarters. A caretaker quarters may be provided within the principal building as an accessory dwelling unit, or on the lot of record as a detached single-unit dwelling.
D.
Indoor recreational facilities. Any type of indoor recreational facility shall be designed that it absorbs or dissipates noise from the firing of weapons and/or any mechanical equipment.
E.
Minimum lot area. An outdoor sportsperson club shall be located on a lot of record with a lot area of 60 acres or more.
F.
Outdoor recreational facilities. Any type of outdoor recreational facility shall be set back a minimum of 100 feet from any lot line.
G.
Pro shop. A pro shop, which sells and services outdoor sportsperson's equipment and merchandise, is permitted as an accessory use at an outdoor sportsperson club.
(1)
ATF. Any use engaged in the sales and service of firearms shall obtain the applicable license issued by the ATF. A copy of such license shall be submitted to the Town to document compliance with this subsection.
H.
Shooting range facilities. The planning, design, construction and maintenance of shooting range facilities shall comply with the NRA Range Source Book.
§ 350-86 Outdoor wood boiler.
A.
Compliance with the 6 NYCRR Part 247. An outdoor wood boiler shall comply with 6 NYCRR Part 247, Outdoor Wood Boilers, as currently in effect and as hereafter amended from time to time.
§ 350-87 Place of worship.
A.
Access. Access to a place of worship shall only be taken from a public road.
B.
Accessory uses. Accessory uses associated with a place of worship, which are but shall not limited to convents, meeting halls, monasteries, parish houses, parsonages, rectories and/or seminaries shall be classified as an customarily accessory use and shall be permitted.
C.
Buffer and landscaping. A landscaping plan, which includes sizes and types of vegetation, shall be submitted for review and approval. This plan shall include a buffer located adjacent to all contiguous lots of record containing a residential use. No recreational activities, parking and/or structures shall be allowed in this buffer.
§ 350-88 Planned unit development.
A.
Findings. The Town hereby finds and determines that:
(1)
When coordinated with the Comprehensive Plan, a planned unit development can be an effective tool for guiding development in ways that support community goals and priorities.
(2)
Planned unit development provides a means by which different land uses within an area covered by a single development plan may be combined to achieve compatibility among such uses. Unattainable with traditional zoning techniques, planned unit development provides flexibility in the regulation of land use development in order to:
(a)
Encourage innovation in land use variety and design, in the layout and type of new structures and in their integration with existing structures;
(b)
Enhance efficiency in the use of land, natural resources, energy, community services and utilities;
(c)
Encourage open space preservation and protection of natural resources, historic sites and structures;
(d)
Facilitate the provision of housing and improved residential environments; and
(e)
Enhance the ability of the Town to promote business and employment opportunities.
B.
Specific definitions. The following terms are specific to the use regulated by this section:
OPEN SPACE
Any area of land and/or water within a planned unit development, not individually owned or publicly dedicated, that is designed and intended for the common use or enjoyment of such development's occupants and their guests and may include recreational improvements as are necessary and appropriate. A maintenance and ownership agreement shall be prepared, approved by the Town Attorney and recorded at the office of the County Clerk for all proposed open space areas. The Town shall not be held responsible for any ownership or maintenance of any proposed open space.
C.
Eligibility criteria. To be eligible for approval of a planned unit development, the applicant shall demonstrate that the following criteria will be met:
(1)
Availability and capacity of public services. The proposed type and intensity of use shall not exceed the existing or planned capacity of existing public services and facilities, including police and fire protection, traffic capacity of the Town's roads, drainage and stormwater management facilities, availability of water, capacity of private septic or public sanitary sewer treatment facilities, refuse disposal, and educational services.
(2)
Compatibility. The proposed development shall be consistent with the intent and spirit of this chapter as stated in this section.
(3)
Economic impact. The proposed development shall not impede the continued use or development of surrounding lots of record for uses permitted by this chapter.
(4)
Unified control. The proposed development shall be under single ownership or unified control, where a single entity has responsibility for completing the project.
(5)
Sufficient land area for proposed uses. The planned unit development shall be a minimum of 10 acres of contiguous land. Additional noncontiguous land areas within the Town may be included as part of the proposed open space dedications for a planned unit development. The proposed development shall provide sufficient land area to comply with all applicable regulations of this section, adequately serve the needs of all permitted uses in the planned unit development, and ensure compatibility between uses and the surrounding neighborhood.
D.
Standards. A planned unit development shall comply with the following standards:
(1)
Architecture. A planned unit development shall incorporate a consistent architectural theme which is unique to the specific site through the use of materials, signage and design. Generic corporate architecture and big box designs are strongly discouraged but not prohibited. Uses should be designed according to the limitation of the site rather than the removal of the limitations. Specific design details, such as roof parapets, architectural details, varying roof heights, pitches and materials and building colors and materials, should be addressed.
 Figure 73 - Architecture at a Planned Unit Development |
(2)
Compatibility of uses. The design of a planned unit development shall take into account the relationship of the site to the surrounding areas and between differing uses on the site. The perimeter of the planned unit development and arrangement of uses at such development shall be designed to minimize adverse impacts between the project and adjacent land uses, and different types of potentially incompatible land uses. Compatibility factors include but are not necessarily limited to visual and audio intrusion and conspicuous visual barriers.
(3)
Density. The number of dwelling units proposed for a planned unit development is permitted to be 1.5 times the maximum density permitted for a lot of record at an applicable zoning district. Moreover, the following density bonuses may be awarded by the designated approval authority that will allow a planned unit development to increase such maximum density.
(a)
Accessibility. Up to a 10% density bonus may be granted for the provision of making sites, facilities, buildings, and elements accessible pursuant to ICC/ANSI A117.1 - Accessible and Usable Buildings and Facilities.
(b)
Agriculture. A 1% density bonus may be granted for each additional 1% of the site that will preserve farm operations. However, such bonus shall not exceed 10% regardless of the amount of proposed farm operations.
(c)
Amenities. Up to a 10% density bonus may be granted for the provision of amenities, such as but not limited to child care services, dining facilities, laundry services, parks as well as indoor and outdoor recreation facilities (e.g., swimming pools, gyms, playgrounds, walking trails, golf courses, etc.) considered beneficial to the planned unit development. Such amenities shall not be required to be accessible to the public.
 Figure 74 - Amenities at a Planned Unit Development |
(d)
Blight. Up to a 10% density bonus may be granted for the cleanup of a blighted site, contamination removal or demolition of obsolete structures.
(e)
Fire detection system, monitored. Up to a 10% density bonus may be granted for the provision of a monitored fire detection system in all buildings and/or structures. To be eligible for this bonus, such system shall be designed, installed and maintained in accordance to the reference standard(s) described within the Uniform Code.
(f)
Fire protection system. Up to a 10% density bonus may be granted for the provision of a fire protection system in all buildings and/or structures. To be eligible for this bonus, such system shall be designed, installed and maintained in accordance to the reference standard(s) described within the Uniform Code.
(g)
Historic preservation. Up to a 10% density bonus may be granted for preservation and adaptive reuse of historically or architecturally significant buildings or structures, which such classification shall be determined by the County Genealogical and Historical Society or approved equivalent authority, that are located on the site.
(h)
Noncombustible siding. Up to a 10% density bonus may be granted for the provision of noncombustible siding at all buildings and/or structures.
(i)
Open space. A 1% density bonus may be granted for each additional 1% of the site that will be designated as common open space. However, such bonus shall not exceed 10% regardless of the amount of proposed common open space.
(j)
Renewable energy systems. Up to a 10% density bonus may be granted for the provision of renewable energy systems, such as but not limited to solar photovoltaic and/or thermal systems and wind energy conversion system. Such amenities shall not be required to be connected to a public service agency.
(4)
Dimensional standards for lots of record.
(a)
Building height. Building height may exceed the maximum permitted in the underlying zoning district by 20%, provided that the project design protects adjacent uses both inside and outside of the planned unit development from adverse impacts on privacy, light and air.
(b)
Building coverage. Building coverage of individual lots of record may exceed the maximum percentage permitted by the underlying zoning district by 20%, provided that the planned unit development meets the standards of this section.
(c)
Lot depth, size and width. The minimum lot depth, size and width of the underlying zoning district may be reduced provided the planned unit development meets the design standards of this section.
(d)
Yard. The minimum yard dimensions of the underlying zoning district may be reduced provided that the planned unit development meets the design standards of this section and it is demonstrated:
[1]
A better or more appropriate design can be achieved by not applying the provision of the zoning district; and
[2]
That compensating design and/or structural measures are used to ensure the protection of the users and inhabitants of the development health, safety and welfare, including but not necessarily limited to visual and acoustical privacy, and adequate light and air.
(5)
Landscaping. A landscaping plan, which includes sizes and types of vegetation, shall be submitted for review and approval. This plan shall include a buffer located adjacent to all contiguous lots of record. No recreational activities, parking and/or structures shall be allowed in this buffer.
(6)
Open space. Usable open space(s) shall be provided in an amount equal to or greater than 10% of the total area of a lot of record(s) that is the subject of a planned unit development. These spaces may be provided in the form of parks, plazas, arcades, commons, trails, sports courts or other athletic and recreational areas, outdoor areas for the display of sculptural elements, etc. Land reservations for community facilities may be considered in lieu of usable open space.
 Figure 75 - Open Space at a Planned Unit Development |
(7)
Privacy and security. The design of the site and dwelling units should promote privacy and security consistent with crime prevention through environmental design (CPTED) strategies.
(8)
Signage. A consistent signage theme shall be provided within a planned unit development. Freestanding signs shall be monument style and of a size and height that is complimentary of the architecture of the development.
 Figure 76 - Signage at a Planned Unit Development |
(9)
Transportation system. A planned unit development shall incorporate transportation elements, which allow for connections to existing developments or undeveloped land both within and outside such development. These transportation elements should provide for improvements through road designs, and ingress and egress to the existing transportation network depending on the foreseeable needs of future residents and users of the site, and the relationship of the project site to the community at large.
§ 350-89 Private club.
A.
Access. Access to a private club shall only be taken from a public road.
B.
Buffer and landscaping. A landscaping plan, which includes sizes and types of vegetation, shall be submitted for review and approval. This plan shall include a buffer located adjacent to all contiguous lots of record containing a residential use. No recreational activities, parking and/or structures shall be allowed in this buffer.
C.
Caretaker quarters. A caretaker quarters may be provided within the principal building as an accessory dwelling unit, or on the lot of record as a detached single-unit dwelling.
§ 350-90 Private small animal operation.
A private small animal operation shall be permitted as an accessory use at all zoning districts except for the Lakefront Commercial (LCOM), Lakefront Recreational (LREC) and Lakefront Residential (LRES) Zoning Districts, in which such use shall be prohibited. However, a private small animal operation shall comply with the following requirements if such operation is located within the Hamlet (HA) Zoning District:
A.
Breeding. Breeding of small animals shall not be permitted.
B.
Commercial use. A private small animal operation shall not be used as a commercial use (e.g., selling of eggs).
C.
Enclosure. Small animals shall be kept in a structure or in a fenced enclosure at all times.
D.
Minimum lot area. A private small animal operation shall be located on a lot of record that has a minimum lot area of two acres.
E.
Number of small animals. A lot of record shall have a maximum limit of five small animals.
F.
Roosters prohibited. Roosters are prohibited.
G.
Setback. A structure used to shelter small animals shall have a setback of 25 feet from a rear and side lot line. Such shelter shall not be located in the front yard.
§ 350-91 Private stable.
A private stable shall be permitted as an accessory use at all zoning districts except for the Lakefront Commercial (LCOM), Lakefront Recreational (LREC) and Lakefront Residential (LRES) Zoning Districts, in which such use shall be prohibited. However, a private stable shall comply with the following requirements if such stable is located within the Hamlet (HA) Zoning District:
A.
Commercial use. A private stable shall not be used as a commercial use (e.g., commercial horse boarding operation and/or commercial equine operation, which such uses are defined in § 301 of the Agriculture and Markets Law of NYS, as currently in effect and as hereafter amended from time to time).
B.
Enclosure. A horse or horses shall be kept in a structure or in a fenced enclosure at all times.
C.
Manure. Manure that has not been composted or spread shall not be stored and remain on a lot of record for a period in excess of one year.
D.
Minimum lot area. A minimum of one acre per horse is required.
E.
Number of horses. A private stable shall have a maximum limit of five horses per lot of record.
F.
Setback. A structure used to shelter a horse or horses shall have a setback of 25 feet from a rear and side lot line.
§ 350-92 Recreational cabin.
A.
Compliance with the Sanitary Code. A recreational cabin shall comply with Part 7, specifically Subpart 7-1, of the Sanitary Code of NYS, as currently in effect and as hereafter amended from time to time, if it is applicable. Where, in any specific case, conflicts occur between provisions of this chapter and such state law, the more restrictive requirement shall govern.
B.
Area. A recreational cabin shall have a gross floor area equal to or greater than 500 square feet.
C.
Occupancy. A recreational cabin shall not be used as a dwelling unit and shall only be occupied occasionally for recreational purposes.
D.
Utilities. A recreational cabin is not required to be connected to public utilities nor be required to have pressurized or indoor plumbing and an on-site wastewater treatment system.
§ 350-92.1 Recreational facilities, structures and/or uses.
A.
Access. Access to a recreational use shall only be taken from a public road.
B.
Buffer and landscaping. A landscaping plan, which includes sizes and types of vegetation, shall be submitted for review and approval. This plan shall include a buffer located adjacent to all contiguous lots of record containing a residential use. No recreational activities, parking and/or structures shall be allowed in this buffer.
C.
Design.
(1)
The design of all recreational facilities, structures and/or uses, whether active or passive, including site layout, building orientation and accessory structures and/or uses, shall be directed inward with minimal visibility to public rights-of-way and contiguous lots of record.
(2)
The design of all recreational facilities, structures and/or uses, whether active or passive, shall comply with the ADA standards for accessible design ("ADA standards"), as currently in effect and as hereafter amended from time to time, and/or the Uniform Code.
(3)
The design of all recreational facilities, structures and/or uses, whether active or passive, shall comply with the applicable standards and guidelines developed by the National Park Service and/or the NYS Office of Parks, Recreation and Historic Preservation.
D.
Setbacks.
(1)
A recreational facility shall be located not less than 50 feet from a contiguous lot of record containing a residential use, except where greater distances are otherwise required by law or an AHJ.
(2)
Recreational structures and/or uses, whether active or passive, shall be located not less than 50 feet from a contiguous lot of record containing a residential use, except where greater distances are otherwise required by law or an AHJ.
§ 350-93 Residential care/assisted living facility.
A.
Access. Access to a residential care/assisted living facility shall only be taken from a public road.
B.
Buffer and landscaping. A landscaping plan, which includes sizes and types of vegetation, shall be submitted for review and approval. This plan shall include a buffer located adjacent to all contiguous lots of record containing a residential use. No recreational activities, parking and/or structures shall be allowed in this buffer.
C.
Caretaker quarters. A caretaker quarters may be provided within the principal building as an accessory dwelling unit, or on the lot of record as a detached single-unit dwelling.
D.
Compliance with state law. A residential care/assisted living facility shall comply with the applicable state law governing the type of care provided (e.g., Article 28 of the Public Health Law of NYS, as currently in effect and as hereafter amended from time to time).
§ 350-94 Schools.
A.
Buffer and landscaping. A landscaping plan, which includes sizes and types of vegetation, shall be submitted for review and approval. This plan shall include a buffer located adjacent to all contiguous lots of record containing a residential use. No recreational activities, parking and/or structures shall be allowed in this buffer.
B.
Elementary and secondary school. Elementary and/or secondary schools shall be regulated by the applicable provisions of 8 NYCRR, as currently in effect and as hereafter amended from time to time, and the designated approval authority is the Commissioner of the NYSED.
C.
Higher education school.
(1)
Access. Access to a higher education school shall only be taken from a public road.
(2)
Accessory uses. Accessory uses associated with a higher education school, which are but shall not limited to dormitories, fraternities, indoor and/or outdoor instructional and/or recreational facilities, and sororities, shall be classified as a customarily accessory use and shall be permitted.
(3)
Minimum lot area. A higher education school shall be located on a lot of record that has a minimum lot area of five acres.
(4)
NYSED. A higher education school shall comply with any applicable provision of 8 NYCRR, as currently in effect and as hereafter amended from time to time.
D.
Parochial or private school.
(1)
Access. Access to a parochial or private school shall only be taken from a public road.
(2)
Accessory uses. Accessory uses associated with a parochial or private school, which are but shall not limited to dormitories, and indoor and/or outdoor instructional and/or recreational facilities, shall be classified as a customarily accessory use and shall be permitted.
(3)
Minimum lot area. A parochial or private school shall be located on a lot of record that has a minimum lot area of two acres.
(4)
NYSED. A parochial or private school shall comply with any applicable provision of 8 NYCRR, as currently in effect and as hereafter amended from time to time.
§ 350-95 Solar photovoltaic and/or thermal systems.
A.
Agricultural solar photovoltaic and/or thermal systems. NYSDAM has determined that solar photovoltaic and/or thermal systems used to supply a portion of a farm operation's electrical and/or heating/hot water needs, which shall not exceeding 110% of the farm operation's anticipated demand, to be on-farm equipment. This determination designates such solar photovoltaic and/or thermal systems as a customarily accessory use to a farm operation. For these reasons, this chapter shall not restrict the use of solar photovoltaic and/or thermal systems installed at a farm operation to supply such operation's electrical and/or heating/hot water needs, which shall not exceeding 110% of the farm operation's anticipated demand.
B.
Building mounted solar photovoltaic and/or thermal systems.
(1)
A building-mounted solar photovoltaic and/or thermal system may be mounted on a principal and/or accessory structure.
(2)
A building-mounted solar photovoltaic and/or thermal system on pitched roofs shall be installed parallel to the roof surface on which it is mounted or attached.
(3)
A building-mounted solar photovoltaic and/or thermal system on pitched roofs shall not extend higher than the highest point of the roof surface on which it is mounted or attached.
(4)
A building-mounted solar photovoltaic and/or thermal system on flat roofs shall not extend above the top of the surrounding parapet, or more than 24 inches above the flat surface of the roof, whichever is higher.
(5)
Prior to installation, a report, which shall be prepared and sealed by a registered design professional, shall be submitted to the designated approval authority that documents that the building and/or structure to which a building-mounted solar photovoltaic and/or thermal system is mounted can support the additional imposed loads.
C.
Freestanding solar photovoltaic and/or thermal systems. A freestanding solar photovoltaic and/or thermal system is permitted as an accessory structure in all zoning districts but shall comply with the following standards:
(1)
The height of such system and any mounts shall not exceed 20 feet when oriented at maximum tilt.
(2)
The location of such system and any mounts shall meet the setback/yard requirements for accessory structures at the applicable zoning district.
(3)
The total surface area of such system, which may be calculated by factoring in the moutning angle at maximum tilt, shall be considered impervious and calculated in the building coverage of the lot of record on which the system is located. Exemption(s):
(a)
The total surface area of such system shall not exceed 10% of the lot area of the subject lot of record or 4,000 square feet, whichever is more restrictive.
 Figure 77A - Panel area and height |
(4)
All plumbing and/or power transmission lines from a freestanding solar photovoltaic and/or thermal system to any other structure shall be located underground.
(5)
At all zoning districts, a freestanding thermal system shall provide heated liquid, which is used for such purposes as space heating and cooling, domestic hot water, and heating pool water, only for structures located at the subject lot of record.
D.
Design.
(1)
The design of the solar photovoltaic and/or thermal system shall conform to applicable industry standards as well as the Uniform Code and/or Energy Code.
(2)
A solar photovoltaic and/or thermal system shall provide power and/or hot water for the principal use and/or accessory use of a lot of record on which such system is located. However, this provision shall not be interpreted to prohibit the sale of excess power and/or hot water generated from time to time to a public service agency (i.e., interconnected customer-owned solar photovoltaic and/or thermal system).
(3)
A solar photovoltaic and/or thermal system shall have antireflective coating(s). Furthermore, a solar photovoltaic and/or thermal system shall be designed and located to avoid concentrated glare or reflection onto structures at a contiguous lot of record. Lastly, a solar photovoltaic and/or thermal system shall be designed and located to avoid concentrated glare or reflection onto adjacent roads and shall not interfere with traffic or create a safety hazard.
(4)
All mechanical equipment associated with and necessary for the operation of the solar photovoltaic and/or thermal system shall comply with the following:
(a)
Mechanical equipment shall be screened from any contiguous lot of record containing a residential use. The screen shall consist of shrubbery, trees, or other noninvasive plant species which provides a visual screen. In lieu of a planting screen, a decorative fence meeting the requirements of the Fence Law of the Town, as currently in effect and as hereafter amended from time to time,[1] may be used.
[1]
Editor's Note: See Ch. 197, Fences.
(b)
Mechanical equipment shall not be located within the minimum front yard setback of the underlying zoning district.
(c)
Mechanical equipment shall comply with the setbacks specified for accessory structures in the underlying zoning district.
(5)
A solar photovoltaic and/or thermal system shall not be used to display advertising, including signage, streamers, pennants, spinners, reflectors, ribbons, tinsel, balloons, flags, banners or similar materials. The manufacturers and equipment information, warning, or indication of ownership shall be allowed on any equipment of the solar photovoltaic and/or thermal system.
E.
Abandonment. If a solar photovoltaic and/or thermal system ceases to perform its originally intended function for more than 12 consecutive months, the owner shall remove the system, including but not limited to any mounts and associated equipment, by no later than 90 days after the end of the twelve-month period.
F.
Farm operation and/or prime farmland. Solar photovoltaic and/or thermal systems located on a farm operation and/or prime farmland shall be constructed/designed in accordance with the construction mitigation requirements for agricultural lands as prescribed by NYSDAM.
G.
NYS Real Property Tax Law exemption. The Town exercises its right to opt out of the tax exemption provisions of § 487 of the Real Property Tax Law of NYS, as currently in effect and as hereafter amended from time to time.
H.
Public service agency notification. The owner of a solar photovoltaic and/or thermal system shall provide evidence that the applicable public service agency has approved his/her/their intent to install an interconnected customer-owned solar photovoltaic and/or thermal system. Off-grid solar photovoltaic and/or thermal systems shall be exempt from this requirement.
 Figure 78 - Solar Photovoltaic and Thermal Systems (i.e., Freestanding) |
§ 350-96 Storage facility, self-service.
A.
Access. Access to a self-service storage facility shall only be taken from a public road.
B.
Buffer and landscaping. A landscaping plan, which includes sizes and types of vegetation, shall be submitted for review and approval. This plan shall include a buffer located adjacent to all contiguous lots of record containing a residential use. No recreational activities, parking and/or structures shall be allowed in this buffer.
C.
Caretaker quarters. A caretaker quarters may be provided within the principal building as an accessory dwelling unit, or on the lot of record as a detached single-unit dwelling.
D.
Permitted storage. The permitted storage at a self-service storage facility shall be restricted to the following:
(1)
No activity other than rental of storage units and pick up and deposit of material goods shall be allowed at a facility, except for accessory or incidental uses required in administration and security of the site. The use of storage units for any purpose other than storage shall be prohibited.
(2)
All goods and/or other objects stored shall be secured inside storage structures. Outdoor retail sales and/or outdoor storage shall be prohibited.
(3)
The storage of flammable liquids including petroleum products, highly combustible or explosive materials, corrosive or hazardous chemicals shall be prohibited.
(4)
Servicing or repair of vehicles or any similar equipment shall be prohibited.
 Figure 79 - Self-Service Storage Facility |
§ 350-97 Telecommunications facility.
A.
Intent. The purpose of this section is to establish predictable and balanced regulations for the siting of telecommunications facilities in order to accommodate the growth of such facilities while protecting the public against any adverse impacts on aesthetic resources and the public safety and welfare. The Town wants to accommodate the need for telecommunications facilities while regulating their location and number, minimizing adverse visual impacts through proper design, siting and screening, avoiding potential physical damage to adjacent properties, and encouraging joint use of telecommunications towers. This section also seeks to minimize the total number of telecommunications towers in the community by encouraging shared use of existing and future towers, and the use of existing tall buildings and other high structures, in order to further minimize adverse visual effects from telecommunications towers. Lastly, this section is not intended to prohibit or have the effect of prohibiting the provision of personal wireless services nor shall it be used to unreasonably discriminate among providers of functionally equivalent services consistent with current federal regulations.
B.
Co-location of a telecommunication facility permitted as a right. The co-location of a telecommunications facility shall be permitted as a right in the Town.
C.
Specific definitions. The following terms are specific to the use regulated by this section:
CO-LOCATION
The act of siting a telecommunication facility on an existing telecommunication tower or similar structure (e.g., aboveground water storage tower) without the need to construct a new telecommunications tower.
 Figure 80 - Co-Location |
HEIGHT
The height of the telecommunications facility shall be measured from the grade plane at the base of the telecommunications tower to the highest point of the tower, including, but not limited to, antennas, transmitters, satellite dishes or any other structures affixed to or otherwise placed on such tower. If the base of the telecommunications tower is not on ground level, the height of the telecommunications facility shall include the grade plane at the foundation of the building or structure to which such tower is attached.
TELECOMMUNICATIONS ANTENNA
A system of electrical conductors that transmit or receive radio frequency waves.
TELECOMMUNICATIONS TOWER
A structure on which one or more antennas will be located, that is intended for transmitting and/or receiving radio, television, telephone, wireless or microwave communications for an FCC-licensed carrier, but excluding those used exclusively for fire, police and other dispatch communications, or exclusively for private radio and television reception and private citizen's bands, amateur radio and other similar private, residential communications.
D.
Applications. In addition to the application requirements described within this chapter, applications for the installation of a telecommunications facility proposing a new telecommunications tower shall comply with the following application requirements and the more restrictive requirement shall apply in cases of conflict:
(1)
Documentation of need.
(a)
The applicant shall demonstrate, using technological evidence, that the telecommunications facility must be located in its proposed location in order to satisfy its function pursuant to the applicant's technological requirements.
(b)
The applicant shall provide a report inventorying all existing tall structures and/or existing telecommunications towers within a reasonable distance of the proposed site. Such distance shall be determined by the designated approval authority in consultation with the applicant. The report shall outline opportunities for co-location at these existing structures and/or towers as an alternative to a proposed new telecommunications tower. The report shall demonstrate good faith efforts to secure co-location from the owner of each existing tall structure and/or existing telecommunications tower as well as documentation of the physical, technical and/or financial reasons why co-location is not practical in each case. Written requests and responses for co-location shall be provided.
(2)
Site plan. Provide a scaled site plan(s) prepared and sealed by a registered design profession that illustrates the following:
(a)
Location and size of the proposed telecommunications tower, support structures, accessory structures, roads, parking, fences, signs, and landscaped areas.
(b)
Setback dimensions to all contiguous lot lines, buildings and/or structures.
(c)
Existing topography, with contour intervals of not more than 10 feet, related to the United States Geological Survey datum.
(d)
The location of bridges, flood hazard areas, roads, steep slopes, waterbodies/watercourses, wetlands, wooded areas and other geological features within the site.
(3)
County airport coordination. Provide a copy of written notice to the county airport and any comments received from such airport.
(4)
Decommissioning plan. Provide a decommissioning plan outlining the anticipated means and cost of removing the telecommunications facility, including all accessory facilities and structures, at the end of their serviceable life or at facility abandonment.
(5)
Emergency response plan. Provide an emergency response plan that is approved by the fire department having jurisdiction and the County Office of Emergency Management.
(6)
FAA. FAA approval for telecommunications facilities exceeding 200 feet in height shall be provided. Otherwise, provide documentation that telecommunications facilities less than 200 feet in height shall meet the requirements of 14 CFR Part 77.13(a), as amended.
(7)
FCC.
(a)
Provide documentation that the telecommunications facility is licensed by the FCC.
(b)
Provide documentation of FCC approval for the proposed telecommunications tower.
(8)
Fire apparatus access road. Provide construction documents that are prepared and sealed by a professional engineer that a fire apparatus access road shall be constructed from a public road to the telecommunications facility. Such fire apparatus access road shall comply with the applicable provisions of the Uniform Code.
(9)
Intermunicipal notification. In order to keep any neighboring municipalities informed and to facilitate co-location of telecommunications facilities in such municipalities, the applicant shall provide written documentation that he/she/they have notified the legislative bodies of each municipality that borders the Town, the County Planning Board, the County Board of Legislatures, the County Office of Emergency Management and the County Office of the Sheriff. Such notification shall include the exact location of the proposed new telecommunications tower and a general description of the project, including but not limited to the height of such tower and its capacity for future shared use.
(10)
Landscaping plan. Provide a landscaping plan prepared and sealed by a registered design professional showing the current vegetation, describing the area to be cleared, listing the specimens proposed to be added and detailing regrading and restoration measures to be taken after construction according to NYSDAM and NYSDEC guidelines. The plan should also include details regarding how erosion and sediment control will be dealt with.
(11)
Letter of credit/security. Provide a letter of credit or other form of security acceptable to the Town Attorney as to the form and manner of execution in an amount sufficient for the faithful performance of the terms and conditions of this section; the conditions of the permit or approval issued hereunder for the observation of all Town laws to cover the maintenance of a telecommunications facility during its lifetime and provide for its removal. The amount required shall be at the applicant's expense as determined by the Town Engineer. In the event of default upon the performance of any such conditions, the letter of credit or security shall be forfeited to the Town which shall be entitled an action thereon. The letter of credit or security shall remain in full force and effect until the remove of the telecommunications facility and site restoration.
(12)
Professional studies on:
(a)
Visual impact. This professional study shall include a computerized photographic simulation showing the site fully developed and demonstrating any visual impacts from strategic vantage points. Color photographs of the proposed site from at least five locations accurately depicting the existing conditions shall be included. The study shall also indicate the color treatment of the facility's components and any visual screening incorporated into the project that is intended to lessen visual prominence. Lastly, the study shall comply with NYSDEC's program policy titled "Assessing and Mitigating Visual Impacts."
(b)
Geotechnical impact. This professional study shall at a minimum include an analysis of soils engineering and engineering geologic characteristics of the site based on on-site sampling and testing, foundation design criteria for all proposed structures, slope stability analysis, grading criteria for ground preparation, cuts and fills, and soil compaction.
(c)
Engineer's report. This report shall be prepared and sealed by a registered design professional that verifies that the telecommunications tower conforms to acceptable industry standards and can withstand the loading requirements (e.g., wind.) for structures as established by the Uniform Code.
(d)
Fiscal and economic impact. This professional study shall include a property value analysis prepared by an appraiser licensed in NYS in accordance with industry standards, regarding the potential impact on the value of lots of record adjoining the project site.
(13)
Telecommunications tower.
(a)
Provide the manufacturer's construction drawings and specifications for the telecommunications tower.
(b)
Provide a letter of intent committing the owner of any proposed new telecommunications tower and his/her/their successors in interest to negotiate in good faith for shared use of the proposed tower by other telecommunications providers in the future. Such letter shall state that the owner will:
[1]
Respond within 90 days to a request for information from a potential shared use applicant; and
[2]
Negotiate in good faith concerning future requests for shared use of the new tower by other telecommunications providers; and
[3]
Allow shared use of the new telecommunications tower if another telecommunications provider agrees, in writing, to pay reasonable charges. Such charges may include but are not limited to a prorated share of the cost of the site selection, site design, construction and maintenance financing, return on equity and depreciation, and all costs of adapting the telecommunication tower and its associated equipment to accommodate a shared user without causing electromagnetic interference.
E.
Standards.
(1)
Abandonment and removal. At the time of submission of the application for a telecommunication facility, the applicant shall submit an agreement to remove all antennas, driveways, structures, buildings, equipment sheds, lighting, utilities, fencing, gates, accessory equipment or structures, as well as any tower used as a telecommunications facility if such facility becomes technologically obsolete or ceases to perform its originally intended function for more than 12 consecutive months. Upon removal, the land shall be restored to its previous condition, including but not limited to the seeding of exposed soils.
(2)
Access and parking spaces. A fire apparatus access road and required parking spaces will be provided to assure adequate emergency and service access.
(3)
Co-location. The shared use of existing telecommunications towers or other structures shall be preferred to the construction of new towers. Any application proposing to construct a new telecommunications tower shall include proof that reasonable efforts have been made to co-locate within an existing telecommunications facility or upon an existing structure within a reasonable distance, regardless of municipal boundaries, of the site. The applicant must demonstrate that the proposed telecommunications facility cannot be accommodated on existing telecommunications facilities due to one or more of the following reasons:
(a)
The planned equipment would exceed the structural capacity of existing and approved telecommunications facilities or other structures, considering existing and planned use for those facilities;
(b)
The planned equipment would cause radio frequency interference with other existing or planned equipment, which cannot be reasonably prevented;
(c)
Existing or approved telecommunications facilities or other structures do not have space on which proposed equipment can be placed so it can function effectively and reasonably;
(d)
Other technical reasons make it impracticable to place the equipment proposed by the applicant on existing facilities or structures; and
(e)
The owner of the existing telecommunications facility or other structure refuses to allow such co-location or requests an unreasonably high fee for such co-location compared to current industry rates.
(4)
Engineering standards.
(a)
All telecommunications facilities shall be built, operated and maintained to comply with all applicable industry standards.
(b)
All telecommunications facilities shall be designed by a registered design professional to conform to the wind resistance requirements prescribed by the Uniform Code.
(5)
Fall zones. Telecommunications facilities shall be constructed so as to minimize the potential safety hazards and located in such a manner that, if the facility should fall, it will remain within the lot of record and avoid buildings, structures, roads, utilities and other telecommunications facilities.
(6)
Height. Telecommunications facilities shall be designed to be the minimum height needed to meet the service objectives of the applicant and anticipated co-locators.
(7)
Lighting. Telecommunications facilities shall not be lighted unless required by the FAA or FCC.
(8)
Security.
(a)
Towers, anchor points around guyed towers, and accessory structures shall each be surrounded by fencing not less than six feet in height.
(b)
There shall be no permanent climbing pegs within 15 feet of the ground.
(c)
Motion-activated or staff-activated security lighting around the base of a tower or site entrance may be provided if such lighting does not project off the site.
(d)
A locked gate at the junction of the access way and a public thoroughfare may be required to obstruct entry by unauthorized vehicles. Such gate must not protrude into the public road.
(9)
Setbacks. Telecommunications facilities shall comply with all existing setbacks within the affected zoning district. Setbacks shall apply to all tower parts, including guy wire anchors, and to any accessory facilities. Additional setbacks may be required by the designated approval authority to protect life and safety from icefall or debris from tower failure as well as to preserve privacy at contiguous lots of record containing a public or residential use.
(10)
Signage. Signs located at telecommunications facilities shall be limited to ownership and contact information, FCC antenna registration number and any other information as required by law. Commercial advertising is strictly prohibited.
(11)
Telecommunications tower.
(a)
Any new telecommunications tower shall be designed to accommodate future shared use by at least three other telecommunications providers.
(b)
Unless required otherwise by the FAA or FCC, a telecommunications tower shall have a finish, whether painted or unpainted, that minimizes its degree of visual impact.
(12)
Vegetation and screening.
(a)
Existing on-site vegetation shall be preserved to the maximum extent possible. Clear cutting of all trees in a single contiguous area shall be minimized to the extent possible.
(b)
The designated approval authority may require appropriate buffering around the fences of the tower base area, accessory structures and the anchor points of guyed towers to buffer their view from neighboring residences, recreation areas, waterways, historic or scenic areas, or public roads.
§ 350-98 Timber and lumber production facility.
Timber and lumber production facilities shall comply with the following standards:
A.
Access. Access to a timber and lumber production facility shall only be taken from a public road.
B.
Buffer and landscaping. A landscaping plan, which includes sizes and types of vegetation, shall be submitted for review and approval. This plan shall include a buffer located adjacent to all contiguous lots of record containing a residential use. No recreational activities, parking and/or structures shall be allowed in this buffer.
C.
Caretaker quarters. A caretaker quarters may be provided within the principal building as an accessory dwelling unit, or on the lot of record as a detached single-unit dwelling.
D.
Setbacks. The following setbacks are required in addition to those of the zoning district:
(1)
Any and all mechanized sawing equipment not located within an enclosed structure shall be located a minimum of 100 feet from any contiguous lot of record.
(2)
No storage area for logs, sawn lumber or waste materials shall be located within 100 feet of any watercourse.
§ 350-99 Vehicle orientated commercial use.
A.
Buffer and landscaping. A landscaping plan, which includes sizes and types of vegetation, shall be submitted for review and approval. This plan shall include a buffer located adjacent to all contiguous lots of record containing a residential use. No recreational activities, parking and/or structures shall be allowed in this buffer.
B.
Vehicle rental and sales establishment.
(1)
Vehicle loading and unloading. Vehicle loading and unloading for a vehicle rental and sales establishment shall occur on the lot of record containing such use, unless approved otherwise by the AHJ.
C.
Vehicle repair station.
(1)
General. All repairs shall be performed within an enclosed building.
(2)
Sales of vehicles. Accessory sales of vehicles are classified as a customarily accessory use, provided they do not:
(a)
Constitute more than 25% of the lot size; and
(b)
Occupy any required parking spaces.
D.
Vehicle service station.
(1)
Canopy.
(a)
A canopy shall be located between the principal building and the rear or side lot lines. No canopy shall be permitted between the principal building and front lot line.
(b)
Canopies shall not exceed 16 feet in height or the height of the principal building, whichever is less.
(c)
Canopies shall be architecturally integrated with the principal building and all other accessory structures on the site through the use of the same or compatible materials, colors and roof pitch.
(d)
Any lighting fixtures or source lights that are a part of the underside of the canopy shall be recessed into the underside of the canopy so as not to protrude below the canopy ceiling surface.
(2)
Abandonment.
(a)
If the operation of a vehicle service station is abandoned for any reason for a continuous period in excess of two calendar years, such discontinuance of operation shall be grounds for revocation of any certificate and/or permit issued pursuant to this chapter; and
(b)
Upon the revocation of any certificate and/or permit, the owner shall remove all canopies, pumps, pump islands, signs, underground storage tanks and all other equipment and/or instruments related to the vehicle service station in a workmanlike manner.
 Figure 81 - Vehicle Service Station |
E.
Vehicle wash establishment.
(1)
General. All washing and machine-drying operations shall be conducted within an enclosed building.
(2)
Discharge. A vehicle wash establishment shall discharge into an oil water separator that shall effectively treat wastewater prior to discharging into wastewater treatment systems and/or NYSDEC permitted discharge points.
(3)
Setbacks.
(a)
The building exit for vehicles that have completed the washing and machine-drying process shall be set back a minimum of 50 feet from the nearest point of any front lot line.
(b)
Washing, vacuuming, steam cleaning, waxing, polishing or machine-drying operations, and any building within which such operations are conducted, shall be located a minimum of 50 feet from a contiguous lot of record containing a residential use.
(4)
Vacuuming equipment. Vacuuming equipment associated with the vehicle wash establishment shall not be placed adjacent to or face a contiguous lot of record containing a residential use, unless an intervening building exists between such equipment and lot of record.
(5)
Wash bays. Wash bays shall not face a contiguous lot of record containing a residential use.
 Figure 82 - Vehicle Wash Establishment |
§ 350-100 Veterinary facility.
A.
Access. Access to a veterinary facility shall only be taken from a public road.
B.
Animal boarding.
(1)
All animal boarding facilities that are not completely enclosed, and any outdoor animal pens, stalls, or runways shall be located within the rear yard.
(2)
All animal boarding facilities that are not completely enclosed, and any outdoor animal pens, stalls, or runways shall be a minimum of 100 feet from any contiguous lot of record.
(3)
All outdoor pasture/recreation areas shall be enclosed to prevent the escape of the animals; all such enclosures shall be set back a minimum of 10 feet from any contiguous lot of record.
C.
Buffer and landscaping. A landscaping plan, which includes sizes and types of vegetation, shall be submitted for review and approval. This plan shall include a buffer located adjacent to all contiguous lots of record containing a residential use. No recreational activities, parking and/or structures shall be allowed in this buffer.
D.
Minimum lot area. A veterinary facility shall be located on a lot of record with a lot area of five acres or more.
E.
Veterinarian's residence. A single-unit dwelling may be provided for the veterinarian within the principal building as an accessory dwelling unit, or on the lot of record as a detached single-unit dwelling.
§ 350-101 Wind energy conversion system, agricultural.
A.
Intent. As energy costs increase and financial assistance becomes more available, an increasing number of farm operations are considering the installation of wind energy conversion systems to help offset a farm operation's electrical needs. Let the record reflect that NYSDAM has determined that wind energy conversion systems used to supply a portion of a farm operation's electrical needs, which shall not exceeding 110% of the farm operation's anticipated demand, to be on-farm equipment. This determination designates such wind energy conversion system as a customarily accessory use to a farm operation. For these reasons, this section is designed to promote the safe, efficient and effective use of wind energy conversion systems installed at a farm operation to supply a portion of such operation's electrical needs.
B.
Specific definitions. The following terms are specific to the use regulated by this section:
NONPARTICIPATING OWNER
Any owner of a lot of record that has not entered into any agreement with a wind energy developer to allow for a wind energy conversion system on or near their lot of record.
OVERSPEED CONTROL
A mechanism used to limit the speed of blade rotation to below the design limits of the wind energy conversion system.
PARTICIPATING OWNER
Any owner of a lot of record that has entered into an agreement with a wind energy developer to allow a wind energy conversion system on or near their property. For clarification purposes, a wind energy developer can also be an owner of a lot of record who has independently installed a wind energy conversion system at his/her/their such lot.
SETBACK
The distance measured from the closest extension of a rotor blade of a wind energy conversion system to an adjacent building, lot line, structure and/or use. For the purpose of this section, measurement shall be made in a straight line without regard to topography. Presence of a town, village or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the setback requirements of this section.
 Figure 83 - Wind Energy Conversion System and Setbacks |
SITE
The lot(s) of record where the wind energy conversion system is to be placed, including related tower and transmission equipment. The site may be publicly or privately owned by an individual or group of individuals controlling single or adjacent lots of record. Where multiple lots of record are in joint ownership, the combined lots shall be considered as one for purposes of applying setback requirements.
TOTAL HEIGHT
Height of wind energy conversion system measured from the grade plane to top of tip of blade in vertical position.
TOWER
Support structure, including guyed, monopole, and lattice-types, upon which wind turbine or other mechanical device is mounted.
 Figure 84 - Wind Energy Conversion System |
C.
Use classification. An agricultural wind energy conversion system shall be classified as a customarily accessory use at a farm operation that is located wholly in an NYS-certified agricultural district.
D.
Standards.
(1)
Advertising. No advertising shall be allowed on any part of the wind energy conversion system, including the fencing and support structures. No lettering, company insignia, brand names, logo, or graphics shall be allowed on the tower or blades. Reasonable identification of the wind energy conversion system by the manufacturer and owner is permitted.
(2)
Capacity. An agricultural wind energy conversion system shall generate no more than 110% of the farm operation's anticipated demand at the time of application.
(3)
Colors and surfaces of wind energy conversion system. Colors and surface treatment of all wind energy conversion system shall minimize visual disruption by using white, beige, off-white, gray or another non-reflective, unobtrusive color, unless mandated otherwise by the FAA.
(4)
Lighting.
(a)
Wind energy conversion system shall comply with all applicable FAA requirements for air traffic warning lights.
(b)
No artificial lighting shall be allowed on wind energy conversion system except to the extent required by the FAA or other air safety authority. Minimal ground level security lighting is permitted.
(5)
Minimum lot size. An agricultural wind energy conversion system shall be installed on a lot of record equal to or greater than seven acres.
(6)
Maximum number per lot of record. A maximum of one agricultural wind energy conversion system shall be installed on a lot of record.
(7)
Noise. An agricultural wind energy conversion system shall not exceed 50 dBA, as measured at the closest neighboring inhabited dwelling at the time of installation. This level, however, may be exceeded during short-term events, such as utility outages and/or severe wind storms.
(8)
Operation. All wind energy conversion system shall be maintained in operational condition meeting all of the requirements of this section at all times, subject to reasonable maintenance and repair outages. If the wind energy conversion system becomes inoperative, damaged, unsafe, or violates a standard, the owner shall remedy the situation within 90 days after written notice from the Code Enforcement Officer. The Code Enforcement Officer may extend the period by 90 days.
(9)
Safety.
(a)
The minimum distance from the ground to the rotor blade tips shall not be less than 20 feet.
(b)
Wind energy conversion system shall not be climbable up to 15 feet above the ground. This can be achieved through anticlimbing devices or a fence around the tower with locking portals at least six feet high.
(c)
All access doors on towers or to electrical equipment shall be locked or fenced.
(d)
There shall be clearly visible signs on all wind energy conversion system, electrical equipment, and wind energy facility entrances warning of electrical shock or high voltage and harm from revolving machinery. Signage shall also include twenty-four-hour emergency contact information.
(e)
Each wind energy conversion system shall be equipped with both manual and automatic controls to limit the rotational speed of the blade within the design limits of the rotor. Manual electrical and/or overspeed shutdown disconnect switches shall be provided and clearly labeled on the wind energy conversion system. No wind energy conversion system shall be permitted which lacks an automatic braking, governing, or feathering system to prevent uncontrolled rotation, overspeeding, and excessive pressure on the tower structure, rotor blades, and turbine components.
(f)
All structures which may be charged with lightning shall be grounded according to the NEC.
(10)
Setbacks.
(a)
Each wind energy conversion system shall be set back 1.5 times its height from all existing residences on a nonparticipating owner's lot of record.
(b)
Each wind energy conversion system shall be set back two times its height from the nearest school, hospital, place of worship, or public library.
(c)
Each wind energy conversion system shall be set back 1.5 times its height from all lot lines, overhead utility or transmission lines, other towers, electrical substations, meteorological towers, and roads.
 Figure 85 - Wind Energy Conversion System Setback from Lot Lines |
(d)
Each wind energy conversion system shall be set back 1.5 times tower height from all structures and buildings. Exemption(s):
[1]
A wind energy conversion system is not required to be setback from structures and buildings at a participating owner's property.
(e)
Waivers. Setbacks may be waived by the designated approval authority if there is written consent from the affected owner(s) stating that he/she/they are aware of the wind energy conversion system and the setback limitations imposed by this section and that his/her/their consent is granted to allow reduced setbacks. However, in order to advise all subsequent owners of the burdened property, the consent shall be in the form required for an easement describing the benefited and burdened properties and shall be recorded at the office of the County Clerk. The easement shall be permanent and may not be revoked without the consent of the Town Board, which consent shall be granted upon either the completion of decommissioning of the benefitted wind energy conversion system in accordance with this section, or the acquisition of the burdened lot of record by the owner of the benefitted parcel.
(11)
Total height. The total height of an agricultural wind energy conversion system shall not exceed 150 feet.
E.
Abatement and decommissioning. An agricultural wind energy conversion system that is not used for 12 successive months shall be deemed abandoned and shall be dismantled and removed from the lot of record at the expense of the owner.
F.
Tax exemption. The Town exercises its right to opt out of the tax exemption provisions of § 487 of the Real Property Tax Law of NYS, as currently in effect and as hereafter amended from time to time.
G.
Public service agency notification. The owner of an agricultural wind energy conversion system shall provide written authorization that the applicable public service agency has approved his/her/their intent to install an interconnected customer-owned small wind energy conversion system. Off-grid wind energy conversion systems shall be exempt from this requirement.
§ 350-102 Wind energy conversion system, large.
A.
Intent. This section is designed to properly regulate and site large wind energy conversion systems and, thus, deal with potential problems they can create, including aesthetic impacts, drainage problems, harm to farm operations, a risk to bird and bat populations, risks to the property values of adjoining properties, significant noise, traffic problems during construction, and electromagnetic interference with various types of communication. Exemption(s):
(1)
The substantive and procedural requirements of this section shall not apply to any wind energy conversion system that is governed by Article 10 of the Public Service Law of NYS, as currently in effect and as hereafter amended from time to time.
B.
Specific definitions. The terms prescribed in the section of this chapter pertaining to agricultural wind energy conversion systems shall also be applicable to large wind energy conversion systems.
C.
Use classification. A large wind energy conversion system shall be classified as an accessory use at a lot of record.
D.
Application. In addition to the application requirements for a special use permit, an application for a large wind energy conversion system shall include the following additional information:
(1)
Construction plan. A detailed construction plan, including but not limited to a construction schedule, hours of operation; designation of heavy haul routes; a list of material equipment and loads to be transported; identification of temporary facilities intended to be constructed and contact agent in the field with name, email address and telephone number.
(2)
Decommissioning and site restoration plan. A decommissioning and site restoration plan that shall identify the lot(s) of record it applies to and shall indicate removal of all buildings, structures, wind turbines, access roads and/or driveways and foundations to four feet below finish grade; road repair costs, if any; and all regrading and revegetation necessary to return the site to the condition existing prior to establishment of the commercial wind energy conversion system. The restoration shall reflect the site specific character, including topography, vegetation, drainage, and any unique environmental features. The plan shall include a certified estimate of the total cost (by element) of implementing the removal and site restoration plan.
(3)
Description. A description of the project, including the number of wind energy conversion systems, data pertaining to each tower's safety and stability, including safety results from test facilities and certification from the turbine manufacturer that the turbine is manufactured to operate at safe speeds, and, for each wind energy conversion system, the make, model, a picture, and manufacturing specifications, including noise decibel data and maximum rated capacity.
(4)
Emergency response plan. A detailed emergency response plan created in consultation with the emergency response agency(ies) having jurisdiction over the site. The proposed plan may include, but is not limited to, the following:
(a)
Fireproof or fire-resistant building materials.
(b)
Buffers or fire-retardant landscaping.
(c)
Availability of water.
(d)
An automatic fire-extinguishing system for all buildings or equipment enclosures of substantial size containing control panels, switching equipment, or transmission equipment.
(e)
Provision of training and firefighting equipment for local fire protection personnel.
(5)
Engineering report. This shall be prepared by a professional engineer and provide information regarding:
(a)
Ice throw. The report shall calculate the maximum distance that ice from the turbine blades could be thrown.
(b)
Blade throw. The report shall calculate the maximum distance that pieces of the turbine blades could be thrown.
(c)
Catastrophic tower failure. The report shall include a statement from the turbine manufacturer detailing the wind speed and conditions that the turbine is designed to withstand.
(d)
Certification that the foundation and tower design are sufficient to withstand wind-loading requirements for structures as established by the Uniform Code.
(6)
FAA notification. A copy of written notification to the FAA pertaining to the installation of a wind energy conversion system.
(7)
Insurance. Proof of insurance in a sufficient dollar amount to cover potential personal and property damage associated with the construction and operation of the proposed project. The Town shall be named as an additional insured under the general liability policy of the applicant.
(8)
Landscaping plan. A landscaping plan prepared and sealed by a registered design professional showing the current vegetation, describing the area to be cleared, listing the specimens proposed to be added, and detailing regrading and restoration measures to be taken after construction according to NYSDAM and NYSDEC guidelines. The plan should also include details pertaining to erosion and sediment control as well as stormwater management pursuant to any applicable regulation of the NYSDEC.
(9)
NYSERDA. Evidence from NYSERDA that the site is feasible for commercial wind energy generation.
(10)
Site plan. A site plan prepared and sealed by a licensed land surveyor or registered design professional drawn in sufficient detail to clearly show the following:
(a)
Lot lines, physical dimensions of the site, and the location, dimensions and types of existing structures and uses on the site.
(b)
Roads, whether private or public.
(c)
Adjoining properties within 500 feet of the site, including zoning designations, residences, schools, churches, hospitals, and libraries within 1,000 feet of each tower.
(d)
The proposed location, elevation, and total height of each wind energy conversion system.
(e)
Aboveground and underground utility lines within a radius of 1.5 times the total height of the wind energy conversion system.
(f)
Setback lines.
(g)
All other proposed facilities on the site, including transformers, electrical lines, substations, storage or maintenance units, ancillary equipment or structures, transmission lines, and fencing.
(h)
Federal, state, county or local parks, recognized historic or heritage sites, state and federal identified wetlands, or important bird areas within a radius of 10 miles, as identified in federal, state, county, local or New York Audubon's GIS databases or other generally available documentation.
(11)
Studies. Studies prepared by a qualified person on:
(a)
Agricultural mitigation. An analysis detailing the agricultural mitigation needed to restore a farm operation disturbed by a wind energy conversion system. The applicant shall solicit input from the NYSDAM on such studies and shall follow any pertinent protocols established, adopted, or promulgated by such state department.
(b)
Avian impact. An analysis of bird and bat migration, nesting, and habitat that would be affected by the proposal. The applicant shall solicit input from the NYSDEC on such studies and shall follow any pertinent protocols established, adopted, or promulgated by such state department.
(c)
Cultural resources. An analysis describing the potential impacts of the project upon cultural resources as identified by NYSOPRHP. Such study shall be approved by such state office and include any follow-up study or assessment recommended by NYSOPRHP.
(d)
Electromagnetic interference. An analysis of the potential for electromagnetic interference with microwave, radio, television, personal communication systems, 911, and other wireless communication. A copy of the written notification to all communication operators within two miles of the project shall be attached to such study.
(e)
Fiscal and economic impact. A property value analysis prepared by a licensed appraiser in accordance with industry standards, regarding the potential impact on the value of lots of record adjoining the project site.
(f)
Geotechnical impact. An analysis of soils engineering and engineering geologic characteristics of the site based on on-site sampling and testing, foundation design criteria for all proposed structures, slope stability analysis, grading criteria for ground preparation, cuts and fills, and soil compaction.
(g)
Land use and water impacts. An analysis detailing potentially impacted wetlands, surface water and groundwater resources, and the geology and land use of the site.
(h)
Noise. A noise analysis that shall include a description and map of the project's noise-producing features and the noise-sensitive environment, including the range of noise levels and the tonal and frequency characteristics expected. The applicant shall solicit input from the NYSDEC on such studies and shall follow any pertinent protocols established, adopted, or promulgated by such state department.
(i)
Shadow flicker. An analysis that shall identify locations where shadow flicker may interfere with residences and roadways and the expected duration of the flicker. The study shall identify measures that shall be taken to eliminate or mitigate the problem, which may include ceasing operation during periods when shadow flicker effects are at its greatest.
(j)
Visual impact. An analysis that shall include a computerized photographic simulation showing the site fully developed and demonstrating any visual impacts from strategic vantage points. The applicant shall solicit input from the NYSDEC on such studies and shall follow any pertinent protocols established, adopted, or promulgated by such state department.
(12)
Transportation plan. A preliminary transportation plan describing ingress and egress to the proposed project site to deliver equipment and provide access during and after construction. Such plan shall describe any anticipated improvements to existing roads, bridges, or other infrastructure, as well as measures which will be taken to restore damaged or disturbed access routes following construction. A copy of the written notification to all local, state and/or federal transportation agencies shall be included in such plan.
(13)
Wind energy conversion system drawings. Vertical drawings of all wind energy conversion systems, showing total height, turbine dimensions, tower and turbine colors, ladders, distance between the ground and the lowest point of any blade, and the location of climbing pegs and access doors. One drawing may be submitted for each wind energy conversion system of the same type and total height.
E.
Standards.
(1)
Advertising. No advertising shall be allowed on any part of the wind energy conversion system, including the fencing and support structures. No lettering, company insignia, brand names, logo, or graphics shall be allowed on the tower or blades. Reasonable identification of the wind energy conversion system by the manufacturer and owner is permitted.
(2)
Ecosystems and animals. Wind energy conversion systems may not cause any violations of the Endangered Species Act[1] or of NYS endangered species regulations.
[1]
Editor's Note: See 16 U.S.C. § 1531 et seq.
(3)
Interference with electromagnetic communications, radio signals, microwave and television signals. No wind energy conversion system shall be installed in any location where its proximity with microwave communications, fixed broadcast, retransmission or reception antenna for radio, wireless phone, or other personal communications systems would produce substantial electromagnetic interference with signal transmission or reception. Any interference with television signals shall be mitigated.
(4)
Colors and surfaces of wind energy conversion system. Colors and surface treatment of all wind energy conversion system shall minimize visual disruption by using white, beige, off-white, gray or another nonreflective, unobtrusive color unless mandated otherwise by the FAA.
(5)
Landscaping. Subject to the owner's preference, the landscaping of the wind energy conversion system should be appropriate to screen accessory structures from roads and adjacent residences. It should be designed to minimize the impacts of land clearing and loss of open space.
(6)
Lighting.
(a)
Wind energy conversion system shall comply with all applicable FAA requirements for air traffic warning lights.
(b)
No artificial lighting shall be allowed on wind energy conversion system except to the extent required by the FAA or other air safety authority. Minimal ground level security lighting is permitted.
(7)
Minimum lot size. A large wind energy conversion system shall be installed on a lot of record equal to or greater than 20 acres.
(8)
Operation.
(a)
Maintenance. The owner of the wind energy conversion system shall submit an annual report of operations and maintenance to the Town.
(b)
All wind energy conversion system shall be maintained in operational condition meeting all of the requirements of this section at all times, subject to reasonable maintenance and repair outages. If the wind energy conversion system becomes inoperative, damaged, unsafe, or violates a standard, the owner shall remedy the situation within 90 days after written notice from the Code Enforcement Officer. The Code Enforcement Officer may extend the period by 90 days.
(c)
If the wind energy conversion system is not repaired or brought into compliance within the time frame stated above, the Town may, after a public hearing, order remedial action or revoke the special use permit and order removal of the wind energy conversion system within 90 days.
(d)
Inspections. All wind energy conversion system shall be inspected annually for structural and operational integrity by a registered design professional. The Town has the right to enter the lot of record containing a wind energy conversion system at any reasonable time to inspect the wind energy conversion system.
(9)
Noise.
(a)
The noise level generated by a wind energy conversion system shall not exceed 45 dBA for more than six minutes out of any one-hour time period, nor exceed 50 dBA for any time period, as measured at the lot line of a nonparticipating lot of record.
(b)
The noise level generated by a wind energy conversion system shall not increase ambient sound levels by more than three dBA at any sensitive noise receptors, including residences, hospitals, libraries, schools, and places of worship, within 2,500 feet of the participating lot of record.
(c)
If the ambient noise level measured at participating lot of record exceeds the standard, the standard shall be equal to the ambient noise level plus three dBA.
(d)
Independent certification shall be required after construction demonstrating compliance with this noise standard.
(10)
Safety.
(a)
The minimum distance from the ground to the rotor blade tips shall not be less than 50 feet.
(b)
Wind energy conversion system shall not be climbable up to 15 feet above the ground. This can be achieved through anticlimbing devices or a fence around the tower with locking portals at least six feet high.
(c)
All access doors on towers or to electrical equipment shall be locked or fenced.
(d)
There shall be clearly visible signs on all wind energy conversion system, electrical equipment, and wind energy facility entrances warning of electrical shock or high voltage and harm from revolving machinery. Signage shall also include twenty-four-hour emergency contact information.
(e)
Each wind energy conversion system shall be equipped with both manual and automatic controls to limit the rotational speed of the blade within the design limits of the rotor. Manual electrical and/or overspeed shutdown disconnect switches shall be provided and clearly labeled on the wind energy conversion system. No wind energy conversion system shall be permitted which lacks an automatic braking, governing, or feathering system to prevent uncontrolled rotation, overspeeding, and excessive pressure on the tower structure, rotor blades, and turbine components.
(f)
All structures which may be charged with lightning shall be grounded according to the NEC.
(11)
Setbacks.
(a)
Each wind energy conversion system shall be set back 1.5 times its height from all existing residences on a nonparticipating owner's lot of record.
(b)
Each wind energy conversion system shall be set back two times its height from the nearest school, hospital, place of worship, or public library.
(c)
Each wind energy conversion system shall be set back 1.5 times its height from all lot lines, overhead utility or transmission lines, other towers, electrical substations, meteorological towers, and roads.
(d)
Each wind energy conversion system shall be set back 1.5 times tower height from all structures and buildings other than residences on a nonparticipating owner's property.
(e)
Waivers. Setbacks may be waived by the designated approval authority if there is written consent from the affected owner(s) stating that he/she/they are aware of the wind energy conversion system and the setback limitations imposed by this section and that his/her/their consent is granted to allow reduced setbacks. However, in order to advise all subsequent owners of the burdened property, the consent shall be in the form required for an easement describing the benefited and burdened properties and shall be recorded at the office of the County Clerk. The easement shall be permanent and may not be revoked without the consent of the Town Board, which consent shall be granted upon either the completion of decommissioning of the benefitted wind energy conversion system in accordance with this section, or the acquisition of the burdened lot of record by the owner of the benefitted parcel.
(12)
Shadow flicker. Wind energy conversion system shall be located in a manner that makes reasonable efforts to minimize shadow flicker to any building and/or structure on a nonparticipating owner's lot of record or road. An owner of a wind energy conversion system shall be required to undertake reasonable mitigation measures for shadow flicker, provided it allows the continued operation of the wind energy conversion system.
(13)
Siting and installation.
(a)
Any construction on agricultural land should be conducted according to the NYSDAM's "Guidelines for Agricultural Mitigation for Wind Power Projects."
(b)
Connection of transmission lines from the wind energy facility to local distribution lines.
[1]
No construction of any wind energy conversion system shall be started until evidence is given of a signed interconnection agreement or letter of intent with an interconnecting public service agency.
[2]
A wind energy conversion system shall meet the requirements for interconnection and operation as set forth in the public service agency's regulations.
[3]
Transmission lines and points of connection to local distribution lines should be combined to the extent possible. The wind energy conversion system should be connected to existing substations if possible, or if new substations are needed, the number should be minimized.
(c)
Power lines. Power lines between wind energy conversion systems and any other buildings or structures should be completely underground. Power lines between wind energy conversion system and the on-site substation should be placed underground. Power lines for connection to a public service agency and transmission poles, towers, and lines may be aboveground.
(d)
Road access to project site. Subject to the owner's preference, entrances to access roads shall be gated and kept locked. The project shall only use designated traffic routes established in the application review process. Routes should be chosen to minimize traffic impacts and shall take into consideration a wind energy conversion system adverse impact to traffic during school bus times, wear and tear on local roads, and impacts on local businesses. Existing roads should be used to the extent possible or, if new roads are needed, they should minimize the amount of land used and the adverse environmental impacts. The applicant is responsible for remediation of any damaged roads due to siting and installation of the wind energy conversion system.
(14)
Total height. The total height of a large wind energy conversion system shall not exceed 400 feet.
(15)
Traffic routes.
(a)
Construction of large wind energy conversion systems poses potential risks because of the large sized construction vehicles and their impact on traffic safety and their physical impact on local roads. Construction and delivery vehicles for such systems and for associated facilities shall use traffic routes established as part of the application review process. Factors in establishing such corridors shall include:
[1]
Minimizing traffic impacts from construction and delivery vehicles, including impacts on local residential areas; and
[2]
Minimizing related traffic during times of school bus activity; and
[3]
Minimizing wear and tear on local roads; and
[4]
Minimizing impacts on local business operations; and
[5]
A plan for disseminating traffic route information to the public.
(b)
The applicant/owner is responsible for obtaining all necessary permits and repairing damage on all roads, whether such damage occurs during the construction or maintenance of a wind energy conversion system. All applicable local, county, state and federal highway departments shall approve the transportation plan and a copy of such approvals shall be submitted to the Town.
(16)
Type of construction. A wind energy conversion system shall be of monopole construction (single pole). No lattice structures or guy-wire-supported structures shall be permitted.
F.
Abatement, decommissioning, site restoration plan and bond.
(1)
Abatement and decommissioning. If a wind energy conversion system is not operated for a continuous period of 12 months, the Town will contact the owner by registered mail and provide 90 days for a response. The owner is required to respond and set forth reasons for the stoppage and a timetable for action. If the Town has made all reasonable efforts to notify the owner but the owner does not satisfactorily respond, the Town can contract for removal and restoration using the money in the decommissioning bond, after salvage value, and charge the owner any difference in cost.
(2)
Decommissioning and site restoration plan. The plan shall include:
(a)
The anticipated life of the wind energy conversion system; and
(b)
Triggering events for decommissioning and removal; and
(c)
The estimated decommissioning costs in current dollars; and
(d)
How the estimate was determined; and
(e)
Provision for a reestimate of such decommissioning costs every five years by a registered design professional; and
(f)
The manner in which the wind energy conversion system will be decommissioned and the site restored, including removal of all structures, turbines, cabling, electrical components, debris, and foundations to a depth of four feet, restoration of the soil and vegetation, and restoration of roads and driveways, less any fencing or residual minor improvements requested by the owner.
(3)
A decommissioning bond payable to the Town in an amount to be determined by the Town for removal of nonfunctional wind energy conversion system and restoration of the site shall be maintained by the owner.
(4)
The bond, letter of credit, or other equivalent form of security shall be confirmed to be sufficient to cover decommissioning and site restoration costs every five years.
G.
Transfer and replacement.
(1)
If ownership of a wind energy conversion system changes, the new owner shall present full contact information and proof to the Town that all required bonds and insurance policies remain in full force 30 days prior to the transfer of ownership.
(2)
Any replacement of or modification or alteration to a wind energy conversion system, excluding regular maintenance and repair, requires an amendment to the special use permit, which amendment shall not be unreasonably withheld.
(3)
Replacement of a wind energy conversion system may occur without an amendment to the special use permit when there will be:
(a)
No increase in the total height of the wind energy conversion system; and
(b)
No change in the location of the wind energy conversion system; and
(c)
No additional lighting on the wind energy conversion system, except to the extent required by the FAA; and
(d)
No increase in noise produced by the wind energy conversion system.
H.
Tax exemption. The Town exercises its right to opt out of the tax exemption provisions of § 487 of the Real Property Tax Law of NYS, as currently in effect and as hereafter amended from time to time.
I.
Public service agency notification. The owner of a large wind energy conversion system shall provide written authorization that the applicable public service has approved his/her/their intent to install an interconnected customer-owned large wind energy conversion system. Off-grid wind energy conversion systems shall be exempt from this requirement.
§ 350-103 Wind energy conversion system, small.
A.
Intent. The intent of this section is to balance the need for clean, renewable energy resources and the necessity to protect the public health, safety and welfare of the community. The Town Board finds these regulations are necessary to ensure that small wind energy conversion systems are appropriately designed, sited and installed.
B.
Specific definitions. The terms prescribed in the section of this chapter pertaining to agricultural wind energy conversion systems shall also be applicable to small wind energy conversion systems.[1]
[1]
Editor's Note: See § 250-101.
C.
Use classification. A small wind energy conversion system shall be classified as an accessory use at a lot of record.
D.
Standards.
(1)
Accessory use. A small wind energy conversion system shall be classified as an accessory use.
(2)
Advertising. No advertising shall be allowed on any part of the wind energy conversion system, including the fencing and support structures. No lettering, company insignia, brand names, logo, or graphics shall be allowed on the tower or blades. Reasonable identification of the wind energy conversion system by the manufacturer and owner is permitted.
(3)
Colors and surfaces of wind energy conversion system. Colors and surface treatment of all wind energy conversion system shall minimize visual disruption by using white, beige, off-white, gray or another nonreflective, unobtrusive color unless mandated otherwise by the FAA.
(4)
Lighting.
(a)
Wind energy conversion system shall comply with all applicable FAA requirements for air traffic warning lights.
(b)
No artificial lighting shall be allowed on wind energy conversion system except to the extent required by the FAA or other air safety authority. Minimal ground level security lighting is permitted.
(5)
Minimum lot size. A small wind energy conversion system shall be installed on a lot of record equal to or greater than five acres.
(6)
Noise. A small wind energy conversion system shall not exceed 50 dBA, as measured at the closest neighboring inhabited dwelling at the time of installation. This level, however, may be exceeded during short-term events, such as utility outages and/or severe wind storms.
(7)
Operation.
(a)
All wind energy conversion system shall be maintained in operational condition meeting all of the requirements of this section at all times, subject to reasonable maintenance and repair outages. If the wind energy conversion system becomes inoperative, damaged, unsafe, or violates a standard, the owner shall remedy the situation within 90 days after written notice from the Code Enforcement Officer. The Code Enforcement Officer may extend the period by 90 days.
(b)
If the wind energy conversion system is not repaired or brought into compliance within the time frame stated above, the Town may, after a public hearing, order remedial action or revoke the special use permit and order removal of the wind energy conversion system within 90 days.
(8)
Safety.
(a)
The minimum distance from the ground to the rotor blade tips shall not be less than 20 feet.
(b)
Wind energy conversion system shall not be climbable up to 15 feet above the ground. This can be achieved through anticlimbing devices or a fence around the tower with locking portals at least six feet high.
(c)
All access doors on towers or to electrical equipment shall be locked or fenced.
(d)
There shall be clearly visible signs on all wind energy conversion system, electrical equipment, and wind energy facility entrances warning of electrical shock or high voltage and harm from revolving machinery. Signage shall also include twenty-four-hour emergency contact information.
(e)
Each wind energy conversion system shall be equipped with both manual and automatic controls to limit the rotational speed of the blade within the design limits of the rotor. Manual electrical and/or overspeed shutdown disconnect switches shall be provided and clearly labeled on the wind energy conversion system. No wind energy conversion system shall be permitted which lacks an automatic braking, governing, or feathering system to prevent uncontrolled rotation, overspeeding, and excessive pressure on the tower structure, rotor blades, and turbine components.
(f)
All structures which may be charged with lighting shall be grounded according to the NEC.
(9)
Setbacks.
(a)
Each wind energy conversion system shall be set back 1.5 times its height from all existing residences on a nonparticipating owner's lot of record.
(b)
Each wind energy conversion system shall be set back two times its height from the nearest school, hospital, place of worship, or public library.
(c)
Each wind energy conversion system shall be set back 1.5 times its height from all lot lines, overhead utility or transmission lines, other towers, electrical substations, meteorological towers, and roads.
(d)
Each wind energy conversion system shall be set back 1.5 times tower height from all structures and buildings other than residences on a nonparticipating owner's property.
(e)
Waivers. Setbacks may be waived by the designated approval authority if there is written consent from the affected owner(s) stating that he/she/they are aware of the wind energy conversion system and the setback limitations imposed by this section and that his/her/their consent is granted to allow reduced setbacks. However, in order to advise all subsequent owners of the burdened property, the consent shall be in the form required for an easement describing the benefited and burdened properties and shall be recorded at the Office of the County Clerk. The easement shall be permanent and may not be revoked without the consent of the Town Board, which consent shall be granted upon either the completion of decommissioning of the benefitted wind energy conversion system in accordance with this section, or the acquisition of the burdened lot of record by the owner of the benefitted parcel.
(10)
Total height. The total height of a small wind energy conversion system shall not exceed 65 feet. Exemption(s):
(a)
The total height shall not exceed 150 feet at a lot of record at a lot of record located in the Agriculture (AG), Commercial (C) or Light Industrial Zoning Districts.
E.
Abatement and decommissioning. A small wind energy conversion system that is not used for 12 successive months shall be deemed abandoned and shall be dismantled and removed from the lot of record at the expense of the owner.
F.
Tax exemption. The Town exercises its right to opt out of the tax exemption provisions of § 487 of the Real Property Tax Law of NYS, as currently in effect and as hereafter amended from time to time.
G.
Public service agency notification. The owner of a small wind energy conversion system shall provide written authorization that the applicable public service agency has approved his/her/their intent to install an interconnected customer-owned small wind energy conversion system. Off-grid wind energy conversion systems shall be exempt from this requirement.