Parma City Zoning Code
ARTICLE IV
Use Standards and Supplemental Regulations
§ 165-22 Land Use Table and supplemental regulations.
A.
The following shall apply to all listed permitted and specially permitted uses:
(1)
Uses are allowed in each district according to the tables shown on the following pages.
(2)
Uses identified with "P" in the table are permitted as-of-right in the subject zoning district, subject to compliance with all other applicable standards of this zoning chapter.
(3)
Uses identified with "SP" in the table may be allowed if reviewed and approved in accordance with the special use permit procedures contained in Article IX of this chapter and shall be subject to the approval of the Zoning Board of Appeals.
(4)
Uses not listed and those identified with "-" are expressly prohibited.
B.
Supplemental regulations purpose and intent.
(2)
Applicants who have received special use permits with conditions attached shall be responsible for continued compliance with the specified conditions. Noncompliance with any condition shall result in the revocation of the special use permit, and continuance of the use shall only be allowed after re-application for the special use permit.
(3)
Land uses requiring special use permits shall satisfy all supplemental regulations. These regulations are included in §§ 165-22 to § 165-54.
Residential | AR | RR | NR | MR | WR | N-MU | C-MU | LI | Supplemental Regulations |
Single-unit home | P | P | P | P | P | P | — | — | |
Two-unit home | — | — | — | P | — | P | — | — | |
Multi-unit home | — | — | — | SP | — | — | — | — | § 165-55 |
Home business | SP | SP | SP | SP | SP | SP | — | — | § 165-41 |
Townhome | — | — | — | SP | — | — | — | — | § 165-55 |
Accessory apartment | SP | SP | SP | SP | SP | — | — | — | § 165-23 |
Senior residential | — | SP | SP | SP | — | — | — | — | § 165-51 |
Short-term rentals (STR) | SP | SP | SP | SP | SP | — | — | — | § 165-54 |
Bed-and-breakfast | SP | SP | SP | — | SP | — | — | — | § 165-28 |
Agricultural | AR | RR | NR | MR | WR | N-MU | C-MU | LI | Supplemental Regulations |
Agribusiness or agritourism | P | P | P | — | — | — | — | P | |
Customary agricultural operations, as defined by this chapter | P | P | P | — | — | — | — | P | |
Commercial | AR | RR | NR | MR | WR | N-MU | C-MU | LI | Supplemental Regulations |
Adult entertainment uses | — | — | — | — | — | — | — | SP | § 165-26 |
Animal care establishments | SP | SP | — | — | — | — | P | — | § 165-27 |
Animal boarding and training facility | SP | SP | — | — | — | — | P | — | § 165-27 |
Animal hospital and veterinarian office | SP | SP | — | — | — | SP | P | — | § 165-27 |
Bottle redemption center | — | — | — | — | — | — | P | P | |
Camping ground | SP | SP | — | — | — | — | — | — | § 165-29 |
Car wash establishment | — | — | — | — | — | — | SP | SP | § 165-30 |
Commercial recreation facility | — | — | — | — | — | — | P | — | |
Commercial schools for art, beauty, dancing, exercise, music, etc. | — | — | — | — | — | — | P | — | |
Daycare, child and family facility | — | SP | SP | SP | — | SP | SP | SP | § 165-25 |
Daycare, adult day healthcare facility | — | SP | SP | SP | — | SP | SP | SP | § 165-25 |
Gasoline Station | — | — | — | — | — | — | SP | — | § 165-38 |
Golf course and/or driving range | SP | SP | — | — | — | — | SP | — | § 165-39 |
Laundromat | — | — | — | — | — | P | P | — | |
Motel or hotel | — | — | — | — | — | — | P | — | |
Motor vehicle uses | — | — | — | — | — | — | SP | — | § 165-43 |
Motor vehicle sales | — | — | — | — | — | — | SP | — | § 165-43 |
Motor vehicle service and repair | — | — | — | — | — | — | SP | — | § 165-43 |
Multi-building development | — | — | — | — | — | — | SP | — | X |
Personal service shop or use | — | — | — | — | — | P | P | — | |
Dry-cleaning shop, barber, beauty shop | — | — | — | — | — | P | P | — | |
Funeral home | — | — | — | — | — | SP | SP | — | § 165-37 |
Restaurant, fast-food | — | — | — | — | — | — | P | — | |
Restaurant, sit-down service | — | — | — | — | — | P | P | — | |
Retail use, small-scale | — | — | — | — | — | P | P | — | |
Retail use | — | — | — | — | — | — | P | — | |
Bakery, florist, grocery store, craft store, clothing store, pharmacy, sundry goods | — | — | — | — | — | — | P | — | |
Building materials supply center | — | — | — | — | — | — | P | — | |
Department store | — | — | — | — | — | — | P | — | |
Hardware store | — | — | — | — | — | — | P | — | |
Home appliance, flooring, furniture | — | — | — | — | — | — | P | — | |
Garden supply store | — | — | — | — | — | — | P | — | |
Packaged liquor or bulk refreshment | — | — | — | — | — | — | P | — | |
Studios for art, music or dance | — | — | — | — | — | — | P | — | |
Office and Institutional | AR | RR | NR | MR | WR | N-MU | C-MU | LI | Supplemental Regulations |
Banks and financial institutions | — | — | — | — | — | — | P | — | |
Cemetery | SP | SP | SP | — | — | — | — | — | § 165-31 |
Church or place of worship | — | SP | SP | SP | — | SP | SP | — | § 165-32 |
Hospital, convalescent home, home for the aged, nursing home | — | — | — | — | — | — | P | — | § 165-40 |
Membership club or social center | — | — | SP | SP | — | — | SP | — | § 165-42 |
Nonprofit social center | — | — | SP | SP | — | SP | SP | — | § 165-44 |
Professional office | — | — | — | — | — | P | P | — | |
Administrative or executive office | — | — | — | — | — | P | P | — | |
Architects, engineers, accountants, lawyers, financial planners, etc. | — | — | — | — | — | P | P | — | |
Offices and clinics of New York State-licensed healthcare professions | — | — | — | — | — | P | P | — | |
Public school, library or museum | — | SP | SP | SP | — | SP | SP | — | § 165-49 |
Industrial | AR | RR | NR | MR | WR | N-MU | C-MU | LI | Supplemental Regulations |
Commercial excavation | — | SP | — | — | — | — | — | SP | § 165-33 |
Communication tower | — | — | — | — | — | — | — | SP | § 165-34 |
Public or private utility services | P | P | P | P | P | P | P | P | § 165-48 |
Self-storage facility | — | — | — | — | — | — | SP | P | § 165-69 |
Laboratories engaged in research, testing and experimental work | — | — | — | — | — | — | — | P | |
Light Manufacturing | — | — | — | — | — | — | — | P | |
Manufacturing of electronic or optical instruments | — | — | — | — | — | — | — | P | |
Manufacturing, assembly, treatment of goods | — | — | — | — | — | — | — | P | |
Printing, publishing and bookbinding | — | — | — | — | — | — | — | P | |
Machine shop operation | — | — | — | — | — | — | — | P | |
Solar array systems, large-scale | P | P | — | — | — | — | — | — | § 165-52 |
Solar array systems, small-scale | SP | SP | — | — | — | — | — | — | § 165-52 |
Warehousing and distribution center | — | — | — | — | — | — | P | P | |
Accessory | AR | RR | NR | MR | WR | N-MU | C-MU | LI | Supplemental Regulations |
Accessory structure | P | P | P | P | P | P | P | P | § 165-24 |
Deck, Porch, Storage Shed, Tennis Court | P | P | P | P | P | P | P | P | § 165-24 |
Drive-through facility | — | — | — | — | — | — | SP | — | § 165-35 |
Farmworker housing | SP | SP | SP | SP | — | — | — | — | § 165-36 |
Outdoor display | — | — | — | — | — | SP | SP | — | § 165-45 |
Outdoor storage | P | P | P | P | P | P | P | P | § 165-46 |
Private swimming pool | P | P | P | P | P | — | — | — | § 165-47 |
Recreational vehicle | P | P | P | P | P | — | — | — | § 165-50 |
Solar energy use, roof-mounted | P | P | P | P | P | P | P | P | § 165-53 |
§ 165-23 Accessory apartment.
A.
The Zoning Board of Appeals may approve a special use permit for an accessory apartment within the AR, RR, NR, MR or WR districts, provided that the standards and conditions in this section are maintained.
B.
It is the intent of the Town to provide housing opportunities for family members to live in an apartment within the same structure as the occupants of the principal residence or in an accessory building in quarters which are accessory to the principal residence. Should there be a change in the conditions existing at the time of the approval of the special permitted use permit, the permit shall become null and void.
C.
The accessory apartment shall be occupied by a person(s) related by either blood, marriage, adoption or other domestic bond to the owner(s) residing on the premises and whose name(s) shall be included in the application to the Zoning Board.
D.
The accessory apartment shall be subordinate in size and location to the principal residential building on the property.
E.
The accessory apartment shall not exceed 35% of the total floor area of the principal building or 550 square feet, whichever is greater.
F.
The owner of the lot on which the accessory unit is created shall occupy at least one of the dwelling units on the premises.
G.
No more than one accessory apartment may be created on any single property.
H.
An accessory apartment is required to be inspected by the Code Enforcement Officer prior to the Town issuing a special permit, prior to any approval of a request for renewal by the Zoning Board and at the termination of the special permit.
§ 165-24 Accessory building or structure.
Accessory or storage buildings, including but not limited to a garage for the parking of passenger motor vehicles of residents on the premises, garden house, tool house, play house, and housing for domestic animals incidental to the residential use of the premises, are subject to the following:
A.
Accessory buildings attached to a principal building shall comply with the yard requirements of this chapter for the principal building.
B.
No detached accessory building in the NR, MR or WR Districts shall exceed 15 feet in height.
C.
No detached accessory building or structure in the N-MU, C-MU or LI Districts shall exceed 25 feet in height.
D.
With the exception of detached private garages, all detached accessory buildings shall be located in the rear yard and subject to the setback requirements of the schedule.
E.
These provisions shall not apply to permitted uses in nonresidential districts except that no detached accessory buildings incidental to permitted uses in such districts shall be closer to the street or right-of-way than the minimum front yard setback for the principal building.
F.
At least 75% of all required yards shall be entirely open and unoccupied by accessory buildings or structures.
G.
The Code Enforcement Officer (CEO) shall require detached accessory buildings to be fenced and/or buffered from the adjacent properties consistent with approved site development plans, in order to protect the value of adjacent properties.
H.
All accessory structures in the AR or RR Districts shall not exceed 2,000 square feet, provided that such structure, building, or use is incidental to the principal use. This requirement shall not apply to farm operations.
I.
All accessory structures in the NR District shall not exceed 600 square feet, provided that such structure, building, or use is incidental to the principal use.
J.
All accessory structures in the MR and WR Districts shall not exceed 400 square feet, provided that such structure, building, or use is incidental to the principal use.
§ 165-25 Adult daycare, childcare and nursery school.
A.
The Zoning Board of Appeals may approve a special use permit for adult daycare, childcare facilities and nursery schools within the RR, NR, MR, N-MU and C-MU districts, provided that the standards and conditions in this section are maintained.
B.
The building shall meet the requirements of the New York State Uniform Fire Prevention and Building Code.
D.
On-site recreational facilities shall be provided and maintained for the exclusive use of clients. Recreational areas shall be physically separate from on-site parking areas or driveways and screened from adjacent properties.
§ 165-26 Adult entertainment use.
A.
An adult use shall not be operated within 750 feet of:
B.
Only one adult entertainment use shall be permitted on any parcel of land.
C.
No adult entertainment use shall be permitted to locate within 1,000 feet of another adult entertainment use.
D.
For the purposes of this chapter, measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as part of the premises where an adult use is conducted, to the nearest property line of the premises of a church or public or private elementary, secondary school or licensed child daycare center, or to the nearest boundary of an affected public park, residential district or residential lot or to another adult use.
E.
All adult entertainment uses shall be conducted in an enclosed building. Regardless of location or distance, no one who is passing by an enclosed building having a use governed by this section shall be able to hear any activities within the building or to visually see any specified anatomical area or any specified sexual activity by virtue of any display which depicts or shows said area or activity. This requirement shall apply to any display, decoration, sign, window or other opening.
F.
No exterior sign associated with an adult entertainment use shall contain any photographic or artistic representation of the human body.
§ 165-27 Animal care establishment.
A.
The following regulations shall apply to all animal care establishments in residential districts and will include any establishment that provides veterinary offices, immunizations, diagnosis and treatment of animals, boarding of animals during convalescence, grooming facilities, and general boarding facilities such as kennels, as defined by this chapter.
B.
Enclosed structures shall be provided for each animal which is boarded, regardless of the specific animal care establishment.
C.
No animal care establishment shall be closer than 100 feet to any side or rear property line.
D.
An enclosed structure shall be provided for each animal.
E.
No animal care establishment shall be located closer than 150 feet to a residential structure on an adjacent lot.
F.
No outdoor runs or open exercise areas shall be visible from any adjacent residential use. All openings from the enclosed structure to the exercise area shall be screened and buffered from any adjacent residential use.
G.
No outdoor storage of feed shall be permitted.
H.
No outdoor storage of animal waste shall be permitted.
I.
No deceased animals shall be buried on the premises.
J.
An exercise area shall be provided for any animal boarding facility. The size of such exercise area shall be based on standards accepted by a nationally recognized animal husbandry organization.
K.
Any outdoor run or exercise area shall be enclosed by a fence of at least four feet in height to contain animals being boarded or kenneled.
L.
Provisions for horse boarding operations as defined by the New York State Department of Agriculture and Markets and located within a certified agricultural district.
(1)
Horse boarding operations located within a certified agricultural district shall not require a special use permit.
(2)
Horse boarding operations shall be located on a parcel of at least five acres.
(4)
Animal waste storage areas or facilities shall be located a minimum of 100 feet from any lot line, stream, pond or water supply well.
(5)
Building setbacks shall conform to the requirements for principal and accessory uses in the underlying zoning district.
§ 165-28 Bed-and-breakfast.
A.
A bed-and-breakfast shall only be specially permitted in a single-family, detached dwelling in the AR, RR, NR, and WR Districts.
B.
The residential character of the dwelling shall be preserved and no structural alterations, construction features, or site features of a nonresidential nature shall be incorporated.
C.
The owner/operator of the bed-and-breakfast shall live full-time on the premises.
D.
No more than one non-resident of the premises shall be engaged as an employee of the operation.
E.
A bed-and-breakfast shall have a maximum of three guest rooms with no more than two guest rooms sharing a single bathroom.
F.
No more than eight guests per night shall be permitted in any bed-and-breakfast establishment, and the Zoning Board may fix a lower maximum in the permit.
G.
The maximum length of stay for any guest is 15 consecutive days.
H.
Parking shall not be in the front yard. The Zoning Board shall approve the location and screening of all required parking spaces.
I.
Only dwelling units existing at the time of enactment of this section shall be eligible for conversion to a bed-and-breakfast. Accessory buildings and accessory structures including garages shall not be utilized as a bed-and-breakfast.
§ 165-29 Camping ground.
A.
The Zoning Board of Appeals may approve a permit for camping grounds within the AR and RR districts, provided that the standards and conditions in this section are maintained.
B.
Camping grounds shall be occupied only by travel trailers, pick-up coaches, motor homes and camping trailers for temporary habitation and used for travel, vacation and recreation purposes only. The removal of wheels and placement of a unit on a foundation in a camping ground is prohibited. No accessory structures shall be attached.
C.
No site preparation or construction shall commence, nor shall existing structures be occupied, until final site plan approval has been granted by the Planning Board and permits have been issued by all governmental agencies involved.
D.
Any campground shall be at least 15 acres.
E.
Not more than 10 travel trailers, campers, recreational vehicles or motor homes shall be permitted per acre of gross site area.
F.
A camping ground shall be located so that no entrance or exit from a site shall discharge traffic into any residential area nor require movement of traffic from the camping ground through a residential area.
G.
Conditions of soil, groundwater level, drainage and topography shall not create hazards to the property or the health or safety of the occupants. The site shall not be exposed to objectionable smoke, noise, odors or to other adverse influences, and no portion of the camping grounds subject to flooding, subsidence or erosion shall be used for any purpose which would expose persons or property to hazards.
H.
Management headquarters, recreational facilities, toilets, dumping stations, showers, coin-operated laundries, and other uses and structures customarily incidental to the operation of camping grounds are permitted as accessory uses to the camping grounds. In addition, retail stores and other convenience establishments shall be permitted as accessory uses in camping grounds in such districts where such uses are not allowed as principal uses, subject to the following restrictions:
(1)
Such establishment and the parking area primarily related to their operations shall not occupy more than 5% of the gross area of the camping ground. Such establishments shall be restricted to serve occupants of the camping ground.
(2)
Such establishments shall present no visible evidence from any street outside the camping ground of their commercial character that would attract customers other than occupants of the camping ground.
(3)
The structures housing such facilities shall not be located closer than 500 feet to any public street and shall not be directly accessible from any public street, except from a street within the camping ground.
I.
Plans for sewage disposal and water supply shall be designed in accordance with standards promulgated by the New York State Department of Environmental Conservation and the Monroe County Department of Health and shall receive approval from said agencies.
J.
Streets in camping grounds shall be private, but shall be constructed with a stabilized travelway and shall meet the following minimum stabilized travelway width requirements:
K.
Sites. Sites for the parking or placement of recreational vehicles using the campground shall be at least 2,500 square feet in area and have a minimum width of 40 feet.
L.
A minimum of 10% of the gross site area for the camping ground shall be set aside and developed as common use areas for open or enclosed recreation facilities. No travel trailer site, required buffer strip, street right-of-way, storage area or utility site shall be counted as meeting this requirement for recreational space.
M.
Entrances and exits to camping grounds shall be designed for safe and convenient movement of traffic into and out of the camping ground and to minimize friction with movement of traffic on adjacent streets. All traffic into or out of the camping ground shall be through such entrances and exits. No entrance or exit shall require a turn at an acute angle for vehicles moving in the direction intended. Radii shall be provided to facilitate easy turning movements for vehicles with trailers attached.
§ 165-30 Car wash establishments.
A.
The Zoning Board of Appeals may approve a special use permit for a car wash establishment within the C-MU and LI districts, provided that the standards and conditions in this section are maintained.
B.
All car wash establishments shall be no closer than 300 feet to any residential district and shall be separated from a residential district by another nonresidential use.
C.
All washing facilities shall be within a completely enclosed building which shall be designed in keeping with the facades of adjacent land uses.
D.
All vehicle wash operations shall be sound-proofed, and the entire development arranged and operated so that the noise emanating from the use, as measured from any point on the adjacent property, shall be no more audible than the noise emanating from the ordinary street traffic and from other commercial uses measured at the same point on said adjacent property.
E.
Vacuuming facilities may be located outside the building but shall not be in the front yard and shall meet the setback requirements for the C-MU or LI Districts. Setback areas shall be buffered or screened as deemed necessary by the Planning Board during site plan review.
F.
Adequate drainage facilities shall be provided to prevent standing water on-site.
G.
The proposed hours of operation shall be approved by the Planning Board.
§ 165-31 Cemetery.
A.
The Zoning Board of Appeals may approve a special use permit for the establishment and operation of a cemetery within the AR, RR or NR Districts, provided that the standards and conditions in this section are maintained.
B.
No site preparation or use shall commence until final site plan approval granted by the Zoning Board of Appeals and a special use permit has been issued. The following features shall be considered during site plan review:
(1)
The adequacy of the site to allow for the safe and efficient off-street parking of vehicles being used as part of a funeral procession;
(2)
The availability of an internal vehicle circulation pattern to permit ingress and egress from the same point of access to a public highway;
(3)
The method of water supply;
(4)
The location of trash receptacles;
(5)
The location of any compost pile, bin or storage facility for plant materials and the screening of all such facilities; and
(6)
The overall landscaping plan for the entire site.
C.
Each cemetery shall maintain at least a 10-foot open area around the perimeter of the property that is to be mowed and landscaped.
D.
Each cemetery shall provide a maintenance building to be used for the storage of all equipment and materials being used in the maintenance of the cemetery.
E.
Each cemetery shall maintain and post the hours of operation and use by the public including a phone number for people to call for information or to report an incident.
§ 165-32 Church or place of worship.
A.
The Zoning Board of Appeals may approve a permit for a church or other place of worship within the RR, NR and MR Districts, provided that the standards and conditions in this section are maintained.
B.
If a bus is to be used as part of the operation of the use, a designated parking area shall be provided for the storage of this vehicle. Such parking area shall be located behind the principal building and landscaped and buffered from any adjacent residential site. No unregistered vehicles shall be permitted to be stored on any property for which a special use permit has been approved. Should there be a need for more than one bus to be used as part of the operations, the operator shall provide a separate designated parking area for each vehicle.
C.
All activities of the special use shall be stated in the terms and conditions of the approval that may be granted by the Zoning Board of Appeals. If the applicant proposes outdoor use of the property, the site plan should identify that portion of the site where such activities are to occur. Prior to the approval of any outdoor use of the property, the Zoning Board of Appeals shall consider how such outdoor use will impact on neighboring areas. The Zoning Board of Appeals shall evaluate such concerns as noise, traffic congestion, traffic safety, off-street parking and neighborhood security as part of its process of deliberation.
§ 165-33 Commercial excavation.
A.
Permit application, review and renewal procedures.
(1)
Prior to commencing any excavation or appurtenant activities, an application for a special permit shall be filed with the Town Clerk and approved by the Town Board, pursuant to the provisions of this chapter.
(2)
The Town Board may submit the application to the Town Planning Board, the Town Engineer, the Monroe County Department of Planning and Development and the Monroe County Soil and Water Conservation District or such other body or person it may deem suitable for review and recommendations.
(3)
The Town Board shall fix a reasonable time for a public hearing on the proposed special permit and shall publish notice thereof in a newspaper of general circulation in the Town not less than 10 days nor more than 30 days prior to the date of the hearing.
(4)
Approval or denial of the application by the Town Board shall be rendered within 60 days after the public hearing except if both the Town Board and the applicant mutually consent to a time extension.
(5)
Permits for commercial excavation operations shall be issued for a period of up to five years. Permits issued subject to these regulations shall, however, be conditioned upon the applicant's receiving a certificate of compliance every six months following its issuance after site inspection and review by an agent of the Town.
(6)
The applicant shall have 30 days in which to remedy any deficiencies reported in such site inspection and review. If such deficiencies are not remedied within the 30-day period, the Town Board may revoke the special permit and proceed against its security in accordance with the terms thereof.
(7)
The renewal of a special permit for excavation shall follow the same procedures as those required in this chapter for the original permit, unless specific parts of the procedure are waived by the Town Board.
B.
Security.
(1)
After the approval of the application and before the issuance of any special permit, the applicant and each owner of record of the premises other than the applicant shall jointly execute and file with the Town Clerk security, in form satisfactory to the Town. The security shall be required to assure that the conditions stipulated in the approval of the special permitted use permit, including the restoration of the site and reclamation of mined land in accordance with the approved site plan, are carried out.
C.
Permit application materials.
(1)
The application for a special permit shall be signed by the applicant and by each owner of the premises other than the applicant and shall include the following information:
(2)
When applicable, the applicant shall furnish evidence of a valid permit from the New York State Department of Environmental Conservation pursuant to Article 23, Title 27, of the Environmental Conservation Law.
(3)
All applications for a special permit under this section shall contain an operations plan in sufficient detail to describe the excavation operation, including active excavation and storage areas.
(4)
Each application shall include vertical aerial photographs at a negative scale no smaller than one inch equals 1,000 feet which are certified as drawn not earlier than one year prior to the date of application. The area covered by the aerial photographs shall include all land within a distance of at least 1,500 feet from the limits of the tract proposed for the permit.
(5)
Each application shall include location maps in the form of overlays to the aerial photographs depicting the boundaries of the area proposed for the permit and the area which has been excavated and identifying all existing private and public land uses within a distance of at least 1,500 feet of these areas.
(6)
Each copy of the application shall include a natural features map prepared by a licensed engineer or surveyor at a scale no smaller than one inch equals 200 feet. The map shall show the following, both within the tract proposed for the special permit and within 500 feet of the tract:
(7)
Each copy of the application shall include an operations map, presented as an overlay to the natural features map. The following features, including the area devoted to each, shall be shown:
(a)
Existing and proposed excavation areas.
(b)
Existing and proposed appurtenant activities, identified by type.
(c)
Existing and proposed access roads, identified by width and type of surface material.
(d)
Existing and proposed parking facilities, identified by type of surface material.
(e)
Existing and proposed fencing and buffers, identified by height and type of material.
(f)
Areas where topsoil will be temporarily stored for use in restoration.
(8)
Each copy of the application shall include a restoration plan, presented as an overlay to the natural features map and consisting of appropriate supplementary descriptive materials. The restoration plan shall include the following:
(a)
Boundaries of the area proposed for restoration.
(b)
Final topography of the area proposed for restoration at contour intervals of five feet.
(c)
Final surface drainage patterns and the location and characteristics of artificial drainage facilities in the area proposed for restoration and in contiguous areas.
(d)
Depth and composition of topsoil proposed to be used in restoration.
(e)
The type and density of trees, shrubs and other vegetation proposed to be used in restoration.
(9)
In approving or denying a special permit for excavation, the standards and considerations taken into account shall include, but not be limited to, the factors concerning the proposed excavations, appurtenant activities and restorations as follows:
(a)
Whether they are in accord with the intent of the Town Comprehensive Plan.
(b)
Whether they will render the land unproductive or unsuitable for agricultural or development purposes.
(c)
Whether they will impair the aesthetic or natural environment of the excavation area or surrounding area.
(d)
Whether they will affect the character of surrounding land use.
(e)
Whether they will create excessive traffic or impair the quality of the existing and proposed thoroughfares, community facilities and drainage.
(10)
Standards for site design and operation.
(a)
The active disturbed area which has not been restored shall, at all times, be limited to the minimal acreage necessary to economically conduct the excavation operation.
(b)
All structures and appurtenant activities shall conform to the setback requirements of this chapter except that sedimentation ponds may be located within the setback area if the applicant demonstrates that the topography necessitates such a location and also demonstrates that, where appropriate, sufficient safeguards such as a buffer will be provided for the protection of neighboring residents.
(c)
All access roads shall be designed to take advantage of buffers and to include curbs or other features to screen, as much as feasible, excavation and appurtenant activities from public view. The junction of access roads and public roads shall be at an angle of not more than 10° deviation from a right angle.
(d)
The first 200 feet of access to the excavation site adjoining a public road shall be paved.
(e)
Sufficient off-street parking shall be provided for company employees and visiting vehicles. The parking of any vehicles on a public right-of-way or the parking of vehicles so as to impede traffic or create a traffic hazard shall be prima facie evidence of failure to provide adequate parking.
(11)
Preservation of natural features.
(a)
All topsoil shall be stripped from the active excavation area and stockpiled for use in accordance with the restoration plan. Such stockpiles shall be seeded, covered or otherwise treated to minimize the effects of erosion by wind or water upon public roads, streams or other water bodies or adjacent property. This provision shall apply to all excavations except those for topsoil removal, in which case the provision shall apply for only that topsoil which has been stripped for use in the restoration plan.
(b)
Existing hills, trees and ground cover fronting along public roads or adjacent property shall be preserved, maintained or supplemented by selective cutting, transplanting and the addition of new trees, shrubs and other ground cover for the purpose of providing a buffer. If the existing topography and vegetation do not lend themselves to such treatment, the operation shall take into consideration the potential of grading back overburden around the perimeter of the excavation site to create a berm for the purpose of providing a buffer, provided that the berm is properly landscaped with trees, shrubs or other ground cover.
(c)
No excavation shall be allowed closer than 50 feet to a river, stream, lake or other natural water body. Soil erosion, sedimentation and ground water seepage shall be controlled so as to prevent any negative effects on bodies of water, public roads and neighboring properties.
(12)
Standards for restoration.
(a)
Where topsoil existed prior to excavation, it shall be respread over the excavated area to a minimum depth of six inches.
(b)
The restoration area shall be planted with trees, shrubs, grass or other vegetation so as to provide for screening, natural beauty and soil stability. The planting shall follow acceptable conservation practices.
(c)
Restoration shall be undertaken in such a way that natural and storm drainage, where it enters and leaves the premises, shall be altered only to the minimal degree necessary to carry out excavation and appurtenant activities. Any alterations of natural and storm drainage shall not adversely affect public roads or neighboring property owners.
(d)
Restoration shall be a continuous operation, subject to review and approval at each semiannual inspection and at the termination of the permit period. Topsoil grading and planting of the area designated for restoration during the special permit period shall have been completed before a permit renewal is granted.
(e)
Within six months after termination of excavation operations, all equipment, buildings, structures and other unsightly evidence of the operation shall have been removed from the premises or disposed of by approved methods, and all restoration shall have been completed.
(13)
Preexisting uses.
(a)
Any use of any building, structure or premises for excavation or appurtenant activities now lawfully in existence may be continued for a period of six months from the effective date of this chapter, after which time no further excavation, appurtenant or restoration activities may take place except in accordance with the terms and conditions of a special permit therefor issued by the Town Board. Any special permits issued for continuance of existing excavation activities shall be guided by the same standards as permits for new excavation activities, except that consideration shall be given to circumstances already existing insofar as literal enforcement of the standards herein may be more stringently applied to an existing activity than they would be if such activity were new.
§ 165-34 Communication tower.
A.
The Zoning Board of Appeals may approve a permit for the creation and maintenance of communication towers within the LI Light Industrial district, provided that the standards and conditions in this section are maintained.
B.
The minimum lot size for a tower shall be five acres, regardless of whether leased or owned in fee.
C.
No more than one communication tower shall be permitted on any parcel of land.
D.
The minimum setback of any tower part, including accessory facilities, from any property line for each communication tower shall be the height of the tower to be erected plus 20 feet.
E.
No communication tower shall exceed 200 feet above finished grade level.
F.
Communication towers shall be marked and lighted, as appropriate, to comply with standards and requirements of any governmental agency with jurisdictional authority. Whenever possible, towers should be designed and sited to avoid the application of Federal Aviation Administration (FAA) lighting and painting requirements.
G.
The Town of Parma prefers the shared use of towers to the construction of towers for individual use. Where shared use is not possible the location of antenna on preexisting structures shall be considered. Applicants shall be required to present an adequate report inventorying existing towers within reasonable distance of the proposed site and outlining opportunities for shared use of existing facilities and the use of other preexisting structures as an alternative to the construction of a new tower. Government and emergency service use of towers shall be rent-free.
H.
Applicants intending to share use of an existing tower shall document intent from an existing tower owner to share use. The applicant shall pay all reasonable fees and costs of adapting an existing tower or structure to a new shared use. Those costs include but are not limited to structural reinforcement, preventing transmission or receiver interference, additional site screening, and other changes including real property acquisition or lease required to accommodate shared use.
I.
Applicants proposing to build new towers shall submit a report demonstrating good faith efforts to secure shared use from existing towers as well as documenting capacity for future shared use of the proposed tower. Written requests and responses for shared use shall be provided.
J.
No communication towers shall contain any signage except that identifying a health, safety or general welfare message intended solely for the protection of the public.
K.
All commercial communication towers shall be completely enclosed by a fence, with suitable locking facilities, not less than eight feet in height above ground level.
L.
All towers and accessory facilities shall be sited to have the least practical adverse visual effect on the environment.
M.
Towers shall be a galvanized finish or painted gray above the surrounding treeline and painted gray, green or black below the surrounding treeline unless other standards are required by the FAA.
N.
Accessory facilities shall maximize the use of building materials, colors and textures designed to blend with the natural surroundings.
O.
Existing on-site vegetation shall be preserved to the maximum extent possible, and no cutting of trees exceeding four inches in diameter (measured at a height of four feet off the ground) shall take place prior to approval of the special permitted use. Clear-cutting of all trees in a single contiguous area exceeding 20,000 square feet shall be prohibited.
P.
Deciduous or evergreen tree plantings may be required by the Planning Board during site plan review.
Q.
An access road and sufficient off-street parking facilities shall be provided to assure adequate emergency and service access. Maximum use shall be made of existing roads. Road construction shall be consistent with standards established by the Town and shall minimize ground disturbance and the cutting of vegetation at all times. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion potential.
R.
Site plan approval shall be granted by the Planning Board in accordance with the provisions of this chapter. In addition to the specific requirements, a site plan application for a communication tower shall include the following additional information:
(1)
The location of all structures and trees on the site and on any adjacent property within 50 feet of the subject property line.
(2)
Documentation of the proposed intent and capacity of use as well as a justification for the height of any tower and antennas and justification for any proposed clearing of land or vegetation.
(3)
All information prepared by the manufacturer of the tower, or the applicant for which a special permitted use permit is being sought, including, but not limited to, the following:
(a)
Type of tower to be erected.
(b)
Identification of any anti-climb device to be installed.
(c)
Identification of the levels of radiation to be emitted by or from the communication tower.
(d)
Identification of the effects that the operation of the tower will have on other existing communication towers or antenna within 1,000 feet of the proposed structure.
(4)
The Zoning Board of Appeals and the Planning Board may consult with the Town Engineer or retain the services of a communications consultant to review the proposed site plans for a communication tower. All consultant costs incurred by the Town in the review of site plans and application documents shall be borne by the applicant.
S.
Exceptions. The following communication towers are excepted from the provisions of this section:
(1)
Facilities under the control or ownership and used exclusively by a public or governmental agency.
(2)
Satellite dish antennas as regulated elsewhere in this chapter.
(3)
Conventional television and radio antennas when used exclusively for private benefit and involving a structure with a height less than 15 feet above existing grade, or if attached to a structure, 15 feet above the maximum height of the building.
(4)
Lawful or approved uses existing prior to the effective date of these regulations.
T.
Time limit. In consideration of a special permitted use permit for the erection and maintenance of a communication tower, the Zoning Board of Appeals may impose a specific time period for the operation of the use. Said time limit shall clearly stipulate the conditions imposed for granting the special permitted use permit and the basis for the Zoning Board of Appeals not to renew said permit for another specified time period.
U.
Removal. In the event that a communication tower becomes obsolete due to new technology, is no longer used for the purpose specified in the application, or the communication facility ceases operations for a period of 90 days, such tower, structures or facilities shall be dismantled and removed from the site within 30 days of receipt of written notice from the Town and based upon the Town's declaration to the effect specified herein.
V.
Assurances. The Zoning Board of Appeals may, as a condition of special permitted use permit approval, require the applicant to provide a letter of credit, performance bond or other financial guarantee to ensure that funds will be available for the Town's use to remove said structure in the event of noncompliance with the provisions of this chapter or if the structure is no longer used for the purpose for which the permit was granted.
W.
Although the Town would encourage applicants to find suitable locations in the LI Light Industrial District, the Zoning Board of Appeals is authorized to approve a special permitted use permit for communication towers in any other district, provided that the applicant submits sufficient technical information to document that the proposed use cannot achieve its communications goals in the LI Light Industrial District. In considering such a request, the Zoning Board of Appeals shall be guided by the standards of this section but may also impose additional requirements and controls to minimize potential impacts on neighboring properties.
§ 165-35 Drive-through facility.
A.
Drive-through facilities shall only be permitted in the Corridor Mixed-Use (C-MU) District.
B.
All drive-through facilities shall comply with the following regulations:
(1)
Each drive-through facility and its associated use shall provide ingress and egress so as to minimize traffic congestion.
(2)
Drive-through facilities, including any protective canopies, signage, drive-through travel lanes, or other associated elements, shall meet the setback requirements for the property.
(3)
Drive-through facilities with an amplified audio/visual system shall be set back a minimum of 30 feet from the property line. These facilities shall not be located adjacent to residential uses or districts.
(4)
Stacking space for these facilities shall not impede on- or off-site traffic movements. The stacking space shall be delineated from other internal areas using pavement markings that are identifiable during all seasons.
§ 165-36 Farmworker housing to support agricultural operations.
A.
Farmworker housing to support an individual agricultural operation is permitted within the AR, RR, NR and MR Districts. This use shall also be permitted in any district where it will be in support of a farm operation as defined in Article 25AA, § 301.11 of New York's Agriculture and Markets Law and located within a certified agricultural district.
B.
Farmworker housing in support of a farm operation as defined in Article 25AA, § 301.11 of New York State Agriculture and Markets Law and located within a certified agricultural district. Such housing shall be subject to site plan review by the Planning Board and subject to the following standards and conditions. All other farmworker housing shall, in addition to site plan review by the Planning Board, require a special permit from the Zoning Board of Appeals. The maximum number of farmworker housing units allowed in support of an individual agricultural operation shall be based on:
(1)
Justification of need for the number of dwelling units requested. This justification is to be based on, among other items, full time employment by one or more persons living as a family in the farmworker dwelling unit and deriving their principal income from the individual agricultural operation for which the housing is requested.
(2)
A farmworker housing unit shall only be occupied during the planting, growing and harvesting season for the agricultural operation. At all other times the farmworker housing unit shall be secured and maintained in a state of good repair.
(3)
No farmworker housing unit shall be used, leased or rented to another person if that person does not have a legal interest established with the individual agricultural operation.
(4)
All farmworker housing units shall be located on the same parcel as the individual agricultural operation. This provision shall not exclude arrangements whereby farmworker housing is shared by two or more individual agricultural operations.
(5)
All farmworker housing units shall comply with the standards of the State Uniform Fire Prevention and Building Code.
(6)
All farmworker housing units shall have a septic system approved by the Monroe County Department of Health, or an approved connection to a public sewer system.
(7)
All farmworker housing units shall have a driveway to a public highway. To the extent possible, this driveway shall be combined with the driveway for the owner of the individual agricultural operation and any other driveways for all other farmworker housing units associated with said individual agricultural operation.
(8)
All farmworker housing units shall have a designated area for parking of at least one vehicle per housing unit. This parking area shall be located adjacent to, or within 100 feet from, the main entrance to each farmworker housing unit. All such parking area(s) shall be adequately screened or buffered from existing dwelling units or adjacent residential zoned land.
(9)
All farmworker housing units shall be anchored to a concrete pad or attached to a building foundation.
(10)
All farmworker housing units that contain 980 square feet or less shall have a designated storage area of at least 1,600 cubic feet (10 feet by 20 feet by eight feet). The storage area shall be separate from the farmworker dwelling unit and screened or buffered from existing dwelling units or adjacent residential zoned land.
(11)
All farmworker housing units shall be located on that portion of an actively farmed site which the Planning Board had determined would cause the least disruption to continued farming operations. The basis for this determination will include an overall site plan identifying the land needed for production and the land needed in support of said production.
(12)
The maximum land area to be used for farmworker housing units shall not exceed 5% of the total area of the parcel.
C.
The Zoning Board of Appeals shall require the applicant to prepare and submit an agricultural data statement for all farmworker housing units. The data statement shall be referred to the Agricultural Advisory Committee and to the Monroe County Department of Planning and Development as part of any required referral under the provisions of §§ 239-l and 239-m of the General Municipal Law. Said statement will be used to identify the level of agricultural operations occurring within 500 feet of the site for which the special permitted use permit is requested. Said data statement shall also be used to give notice to adjacent property owners of the request for a special permitted use permit.
§ 165-37 Funeral home.
A.
The Zoning Board of Appeals may approve a special use permit for a funeral home within the N-MU and C-MU Districts, provided that the standards and conditions in this section are maintained.
B.
As a part of site plan review, the Planning Board shall determine that the street on which the funeral home is proposed can carry the volume of traffic likely to be generated by the proposed use. To the extent practical, funeral homes should be located such that traffic associated with this land use does not flow through adjacent residential neighborhoods.
C.
A caretaker's residence may be provided within the main building of any funeral home.
D.
Loading and unloading areas used by ambulances, hearses or other such service vehicles shall be screened from adjacent residential uses with a wall or densely planted shrubs of six feet in height.
§ 165-38 Gasoline station.
A.
Gasoline stations shall be limited to a maximum of 12 individual filling pumps.
B.
No sale of gasoline shall be permitted to be established on any lot within a distance of 500 feet of an existing gasoline or filling station or of any lot for which a building permit has been issued for the erection of such a station or any use which includes gasoline pumps.
C.
Gasoline pumps or lubricating or other devices shall be located not nearer than 20 feet to any street or other lot line. No traffic hazard affecting the public safety will be present.
D.
Entrance and exit driveways shall have an unrestricted width of not less than 12 feet (one-way); shall not be located nearer than 10 feet to any lot line; and shall be so laid out as to avoid the necessity of any vehicle backing into any public right-of-way.
E.
Where the lot on which the fuel sales will occur is within 100 feet of a residential district, architectural design of buildings and structures shall recognize and respect the architectural character of the existing adjacent neighborhood in terms of scale and proportion.
F.
The review by the Zoning Board of Appeals will be conducted with attention to proposed architectural features, details, materials and colors of buildings and structures and the Board may require modification of designs and may impose conditions in granting approval.
§ 165-39 Golf course or driving range.
A.
The Zoning Board of Appeals may approve a permit for a public or private golf course, excluding indoor recreation facilities, within the AR, RR and NR Districts, provided that the standards and conditions in this section are maintained.
B.
The minimum lot size shall be 50 acres for a nine-hole course or for an "Executive Par 3" course.
C.
The minimum lot size shall be 100 acres for an 18-hole course.
D.
A golf driving range may be permitted as an accessory use to a golf course. The driving range shall not be operated as a separate use.
E.
A restaurant serving alcoholic beverages may be permitted as an accessory use to a golf course.
F.
Any seasonal use of the golf course for such activities as cross-country skiing or snow mobile trails shall be subject to Zoning Board of Appeals approval. The operator shall submit a proposed site plan to the Planning Board delineating the locations proposed for such activities.
§ 165-40 Hospital, convalescent home, home for the aged, nursing home.
A.
The Zoning Board of Appeals may approve a special permit for a hospital, convalescent home, home for the aged, nursing home or proprietary care facility within the C-MU district, provided that the standards and conditions in this section are maintained.
B.
The minimum lot area shall be three acres.
§ 165-41 Home business.
A.
The Zoning Board of Appeals may approve a special use permit for home businesses within the AR, RR, NR, MR and WR Districts provided that the standards and conditions in this section are maintained.
B.
The purpose of this section is to provide opportunities for economic advancement among residents of the Town and to protect the character of residential and agricultural areas of the Town. Businesses established pursuant to this section are expected to blend in with the existing character of the area in which they are located.
C.
A variety of commercial and professional office uses may be permitted, provided that all requirements within this section are met. The home business shall not involve any operation considered to be hazardous.
D.
The appearance of the structure shall not be altered, and the business shall not be conducted in a manner that would cause the premises to differ from its existing neighborhood character either using colors, materials, construction, lighting or the emission of sounds, noises or vibrations. No lights or noise from the home business shall be noticeable at any time from any public street or neighboring property.
F.
Floor area:
(1)
No more than 15% of the gross floor area of a dwelling shall be used for the conduct of a home business, up to a maximum of 500 square feet, provided that the portion of the dwelling used for residential purposes shall comply with all applicable laws and codes.
(2)
The entire gross floor area of no more than one detached accessory structure may also be permitted for use of a home business, in addition to space within the dwelling.
G.
Outdoor displays of goods or materials shall not be a permitted accessory use for a home business.
H.
Each home business shall be permitted one sign with no more than two printed sides. All signs shall comply with Article V of this chapter.
I.
All home businesses shall be conducted in such a manner that all the clients, customers, and others coming to do business at the site of the home business shall arrive and depart between the hours of 7:00 AM and 9:00 PM, Monday through Saturday, and 12:00 PM to 5:00 PM on Sunday.
J.
More than one home-based business may be permitted for each residential property, provided that the combined impact of such home businesses does not exceed any of the thresholds established by this section. A separate permit is required for each home-based business.
§ 165-42 Membership club or social center.
A.
The Zoning Board of Appeals may approve a special use permit for a membership club or social center within the NR, MR and C-MU Districts provided that the standards and conditions in this section are maintained.
B.
Any retail sales of goods or the personal services provided in conjunction with this use shall only be for the benefit of members and their guests and such use shall be incidental to the primary use or function of the facility.
§ 165-43 Motor-vehicle-based use.
A.
The Zoning Board of Appeals may approve a special permit for establishments that sell or service new or used cars, trucks, motorcycles, recreational vehicles and lawn or farm equipment in the C-MU District, provided that the standards and conditions in this section are maintained.
B.
All sales and repairs of vehicles or equipment shall be conducted in a fully enclosed building located on the same lot, and having a building area of not less than 1,000 square feet devoted to the sales and servicing of such vehicles and equipment. All vehicle lifts or pits, dismantled vehicles and all parts and supplies shall also be located within a building enclosed on all sides.
C.
All service or repair of motor vehicles shall be conducted in a building enclosed on all sides. This requirement shall not be construed to mean that the doors to any repair shop must be kept closed at all times.
D.
Accessory to such building, the sale of such vehicles and equipment may be carried on in an unenclosed area, provided that:
(1)
Such area is on the same or an adjacent lot to such building. If the enclosed area is on an adjacent lot, the lot shall be not more than 200 feet from the lot with the building and shall further be in the same ownership as said building; be in the HC Highway Commercial District; and be used for no other purpose.
(2)
Such unenclosed area shall be paved and suitably drained subject to requirements established by the Planning Board. Such areas shall be maintained in a neat and orderly manner and in good order and condition.
(3)
All exterior illumination shall be approved by the Planning Board during site plan review, and shall be shielded to reduce the glare that may negatively impact on surrounding properties and streets.
(4)
The Planning Board, during site plan review, shall review and approve the amount and location of landscaping and buffer screening to be provided, consistent with conditions of the Planning Board approval of the special permitted use permit.
E.
No establishment for the sale of such vehicles and equipment shall be opened, conducted or maintained except as provided herein. None of the provisions of this section, however, shall be deemed to prohibit the continuance of the present use of any property for the sale of such vehicles and equipment, provided that any change in said use shall be the subject to the provisions of this section. Plans for any changes required to bring about such conformance shall be submitted to and approved by the Planning Board before any such change shall be made. The Zoning Board of Appeals may approve, modify or disapprove such plans and may impose reasonable and appropriate conditions to such approval so that the spirit of this chapter shall be observed.
F.
A minimum area of 200 square feet shall be provided on the lot for each motor vehicle displayed, parked or stored in any unenclosed area. Each motor vehicle stored or displayed therein shall be placed or parked parallel to each other facing in the same direction and such motor vehicles shall be arranged in an orderly manner in such spaces.
G.
All vehicle parking and storage shall be on a rear or side parking lot and shall comply with all off-street parking requirements in this chapter.
H.
Entrance and exit driveways shall have an unrestricted width of not less than 12 feet (one-way), shall not be located closer than 10 feet to any property line and shall be laid out as to avoid the necessity of any vehicle backing out into any public right-of-way.
I.
Gasoline or flammable oils in bulk shall be stored fully underground, not nearer than 10 feet to any lot line.
J.
No commercial sale of gasoline shall be permitted, nor shall any pump be located in a front or side yard.
§ 165-44 Nonprofit social center.
A.
The Zoning Board of Appeals may approve a special use permit for nonprofit social centers for charitable, cultural or community purposes within the NR, MR, N-MU and C-MU districts, provided that the standards and conditions in this section are maintained.
B.
The minimum lot size shall be two acres.
C.
All activities associated with this special permitted use permit shall be conducted from inside the structure.
D.
The Zoning Board of Appeals may establish the hours of operation for such special permitted use as part of the approval of the permit.
§ 165-45 Outdoor display of goods.
A.
Any outdoor display of goods shall not exceed 25% of the gross floor area of the primary structure.
B.
The display area shall not block automotive traffic, public or private sidewalks, fire lanes, or other travel lanes.
C.
Such displays shall be allowed adjacent to a principal building wall and extending to a distance no greater than five feet from the wall.
D.
Such displays shall not be permitted to block windows, entrances or exits and shall not impair the ability of pedestrians to use the building or surrounding sidewalk.
E.
The items for display are labeled for sale and said area shall not be used for storage purposes.
F.
No business establishment shall place or display goods for purposes of sale or permit any coin-operated vending machine of any type to be placed in any location which would infringe upon the required setbacks specified in this chapter.
§ 165-46 Outdoor storage.
A.
Outdoor storage shall not be allowed in the front yard.
B.
Outdoor storage structures shall not occupy more than 15% of the entire lot area.
C.
All outdoor storage structures shall be fully screened to ensure the area is not visible from the public right-of-way or adjacent residential districts or uses.
D.
Screening shall be of sufficient height and density to complete hide any storage structure from public view, including from streets and other public accessways. All screening shall be maintained in such a manner as to present a neat and orderly appearance.
E.
No lot shall be used for the commercial storage or disposal of solid or liquid waste without the prior approval of the Town Board. Duly approved individual sewage disposal systems shall be excepted from this provision. Town Board approval shall be given only upon a finding that the proposed use shall not have a detrimental effect upon surrounding properties and evidence of any required permits necessary from the New York State Department of Health and/or Environmental Conservation, and the Monroe County Department of Health. The Town Board may require the submission of any documents necessary to make the foregoing finding. This provision shall not prohibit the storage of animal waste upon any farm.
§ 165-47 Private swimming pool.
A.
Private swimming pools shall be permitted as an accessory use in any residential district, provided that there is an existing residence on said lot and the regulations in this section are complied with.
B.
Swimming pools shall be completely enclosed and secured by a fence and gate in accordance with applicable NYS codes.
C.
Outdoor swimming pools shall be located in the rear or side yard. Such pools shall meet the setback requirements of the specific zone district in which they are located.
D.
No swimming pool shall be closer to the street or front lot line than the front of the building or structure to which the pool is an accessory use.
E.
No permit shall be issued for a swimming pool unless the applicant can show that the proposed drainage of such pool is adequate and will not interfere with the property of others, with public highways or with area drainage facilities.
F.
No lights shall be erected, operated or maintained in connection with a swimming pool in such a manner as to create an annoyance to surrounding properties.
G.
All overhead wiring shall be installed in accordance with the National Electric Code.
H.
Building permits shall be required for all swimming pools 24 inches deep or deeper.
I.
Applications for swimming pool permits shall comply with these regulations and all applicable requirements of the State of New York and the County of Monroe, including plumbing and building codes. Where the regulations of the Town, county and state are inconsistent, the more restrictive requirements shall govern.
§ 165-48 Public utility.
A.
The Zoning Board of Appeals may approve a special use permit for essential public utility services as defined by this chapter, provided that all standards and conditions in this section are maintained.
B.
The design of any building in connection with such facility shall conform to the general character of the area and shall not adversely affect the sale and comfortable enjoyment of property rights in the district in which it is located.
C.
The proposed improvement shall not create communication interference to the detriment of adjacent property owners.
D.
All parking areas for utility vehicles and employee vehicles shall be adequately screened and buffered from adjacent properties.
E.
All materials and equipment used in conjunction with the utility service shall be located within an enclosed structure. If such an enclosure is not practical, such use shall be effectively screened and buffered from adjacent properties.
F.
All utility sites shall have adequate and attractive fences and other safety devices provided, including security site lighting, as may be deemed appropriate by the Zoning Board of Appeals. No site lighting shall be permitted to create glare or to illuminate any adjacent land.
G.
A landscaped buffer strip of not less than 15 feet in depth shall be provided around the perimeter of the property proposed for such use.
§ 165-49 Public school, library or museum.
A.
Any public school or education facility shall be located within three miles of an existing fire station.
B.
All outdoor recreation areas shall be maintained in the rear and/or side yards. Where such facilities are to be located adjacent to a residential site, berms with landscaped plantings shall be installed along the borders to mitigate the effects of noise on the adjacent residential sites.
C.
Busing operations, including dropping off or picking up children and the possible need for a school bus garage facility, shall be considered as part of the special permit and site plan approval by the Planning Board. In the review of said site plan, the Planning Board shall attempt to mitigate the impact of such operations from the balance of the site and from any adjacent residential sites.
§ 165-50 Recreational vehicles.
A.
No front yard shall be used for the open storage of boats, snowmobiles, all-terrain vehicles or any type of trailer used to transport such equipment or materials. Such equipment belonging to the resident of the property may be stored in an accessory structure or kept in open storage in the rear or side yards but not within the required setbacks. This regulation is not intended to prohibit the temporary parking of such equipment in a driveway or turnaround, if it bears current registration or licensing.
B.
One recreational vehicle owned by guests of residents shall be permitted to be parked on private property for a period of up to 14 consecutive days in any calendar year. No person shall be permitted to lease land for the placement of a recreational vehicle in a residential district.
C.
The Town shall have the authority to remove or order the relocation of the placement of any motorized or recreational vehicle stored on private property if the Code Enforcement Officer shall determine that said placement or location creates a threat to public safety.
§ 165-51 Senior residential development.
A.
The purpose of a senior residential development is to:
(1)
Provide a variety of senior-oriented housing types in an area with public water and sewer services.
(2)
To regulate land use for senior-oriented residential development in a manner that provides certain advantages over that which would be obtained under conventional zoning.
(3)
To provide a development framework for senior-oriented residential communities that results in land uses and physical site arrangements that are not contemplated under conventional zoning.
(4)
To preserve and enhance natural features of the site.
B.
The following objectives shall be considered in the development of a senior residential development:
(1)
Provide for a maximum choice in the types of environments, occupancy, tenure, types of housing, lot sizes and community facilities available to existing and potential residents.
(2)
Provide for usable open space and recreation areas and other facilities serving the community, such as trail ways to neighboring properties, sitting benches, and the like.
(3)
Provide for access to trail ways, open space and other community services through clearly designated pathways as part of the project development.
(4)
Provide for convenient location of commercial and service areas that are appropriately scaled to serve primarily residents of the senior residential development and to minimize impacts on traffic and neighboring properties;
(5)
Provide for safe and efficient vehicular ingress and egress, as well as circulation within the site.
(6)
Provide for safe and convenient pedestrian access to facilities within the district, public transportation facilities and to any existing pedestrian walkways that adjoin the district.
(7)
Provide for auxiliary parking as may be necessary and ensure that such parking areas are treated with appropriate landscaping or structural features to allow a more aesthetic presentation to the entire district.
(8)
Provide for the preservation of trees, outstanding natural topography and geologic features, and the prevention of soil erosion.
(9)
Provide for a creative use of land and related physical development that allows orderly transition of land from rural to urban uses.
(10)
Provide for an efficient use of land, resulting in smaller networks of utilities and streets, thereby lowering housing costs.
(11)
Provide for service alleys to allow safe and adequate access to structures in the district for purposes of refuse removal, emergency access and other public or private services.
(12)
Provide for a development pattern consistent with the objectives of the Comprehensive Plan.
(13)
Provide for special security needs of persons and property within such district as deemed necessary by the nature of the development.
(14)
Provide for a more desirable environment than would be possible through the strict application of other provisions of the Town's zoning regulations.
(15)
Promote community senior housing in a unique setting that is appropriate to the anticipated residents of each such community by utilizing homeowners' or condominium associations, deed restrictions and other regulatory procedures, where appropriate.
C.
Project size, location and ownership.
(1)
Land to be considered for a senior residential development must contain a minimum of 15 contiguous acres and may be located in either the NR or MR districts.
(2)
The tract of land for a project may be owned, leased or controlled either by a single person, a corporation or by a group of individuals and/or corporations. An application must be filed by the owner or jointly by all the owners of property included in a project. In the case of multiple ownership, the approved plan shall be binding on all owners.
(3)
All senior residential developments shall provide safe and efficient pedestrian circulation and site lighting.
(4)
All senior residential developments shall be served by publicly owned, operated and maintained water supply and sanitary sewage disposal facilities.
(5)
Each building shall be provided with suitable containers for the storage of recyclable materials and refuse collections. Such containers shall be screened from public view by use of fences or solid walls.
(6)
All senior residential developments shall have direct access from common parking areas to a dedicated street.
(7)
Not less than 25% of the land area within senior residential developments, excluding parking areas and vehicle access facilities, shall be established and maintained as open space for the use and enjoyment of residents and their guests.
D.
Permitted uses.
(1)
All residential types may be permitted as principal uses, including but not limited to single-family dwellings, twin home dwellings, townhouse dwelling units and multiple-residence buildings, provided that the residences are predominantly designed for persons age 55 or older.
(2)
The following uses are permitted as accessory uses to the principal use of the senior residential development:
(a)
Recreation and open space uses which are scaled primarily to serve the residents.
(b)
Indoor or outdoor recreational facilities for the private, noncommercial use of the residents.
(c)
Community buildings and facilities owned and maintained by the Town.
(d)
Decks or porches, provided that each serves only a single dwelling unit.
(e)
Courtyards, gazebos, tennis courts or swimming pools for the private, noncommercial use of the residents.
(f)
Garages for the private, noncommercial use of the residents and to store vehicles and equipment used in property maintenance.
(g)
One utility shed per dwelling unit for the private use of the individual household, provided that the structure does not exceed an area of 100 square feet and is located no further than 20 feet from an entrance to the residence to which it is an accessory use.
§ 165-52 Solar array system, large-scale and small-scale.
A.
Purpose.
(1)
These regulations shall regulate the construction, maintenance and placement of solar array systems and any associated accessory uses and equipment.
(2)
The purpose of this legislation is to balance the potential impact on neighbors when solar array systems may be installed near their property while preserving the rights of the property owners to install solar collection systems without excess regulation.
B.
Applicability.
(1)
The requirements of this section shall apply to all solar array systems installed or modified after the effective date of this chapter, excluding general maintenance and repair.
(2)
All solar array systems shall be designed, erected and installed in accordance with all applicable codes, regulations and industry standards as referenced in the New York State Building Code, the National Electrical Code (NEC) and other local regulations in the Town's code.
C.
SEQRA requirements.
(1)
Under New York State's SEQRA regulations, actions are grouped as Type I, Type II or Unlisted Actions. Type II Actions are exempt from review and include actions such as construction, expansion or placement of minor accessory structures.
(2)
The Town considers rooftop and building-integrated solar uses to be Type II Actions and therefore exempt from all SEQRA requirements, including the submission of an EAF environmental assessment form).
(3)
Large-scale and small-scale solar array systems, as defined by this chapter, that meet the thresholds contained in the SEQRA regulations are considered more likely than others to have a significant adverse environmental impact. These uses shall be considered Type I Actions.
(4)
Any need for a complete environmental impact statement (EIS) shall be determined by the Town Board in accordance with the significance of the potential adverse environmental impact.
D.
Setbacks, lot size, and lot coverage.
(1)
The regulations in this sub-article shall apply to both large-scale and small-scale solar array systems.
(2)
Solar array systems shall be considered principal uses and shall be permitted according to the regulations contained herein.
(3)
Large-scale solar array systems shall only be permitted in the Agricultural-Residential (AR) and Rural Residential (RR) Districts. Small-scale solar array systems shall only be specially permitted in the Agricultural-Residential (AR) and Rural Residential (RR) Districts.
(4)
Solar array systems shall comply with the height and setback requirements of the underlying zoning district together with the following area requirements, whichever is more restrictive:
(a)
Solar array systems shall be set back a minimum of 300 ft. from the edge of any public right-of-way.
(b)
Solar array systems shall be set back a minimum of 200 ft. from each property line bordering the property on which the use will be sited.
(c)
Solar array systems shall be set back a minimum of 350 ft. from any residential land use on an adjacent property.
(d)
Solar array systems shall be at least 50 ft. from any structure on the premises hosting the solar energy system, which may contain additional solar energy equipment.
(e)
No part of the large-scale solar array system shall exceed 35 ft. in height.
(5)
Solar array systems shall be located on lots with a minimum lot size that is large enough to accommodate the proposed system. No solar array system will be permitted on multiple parcels. In this case, the system would only be permitted if the parcels were combined and retired by deed.
(6)
The maximum lot coverage for any large-scale solar array system, inclusive of all solar energy systems, solar energy equipment, and relevant accessory uses shall be included in a property's total lot coverage and shall not exceed 50% of total lot coverage.
E.
Fencing, glare, screening and landscaping.
(1)
All mechanical equipment related to any solar array system shall be enclosed by fencing to prevent unauthorized access. Warning signs with the owner's contact information shall be placed on the entrance and perimeter of the fencing. All fencing shall be seven feet in height in accordance with National Electric Code.
(2)
All solar panels to be included in a large-scale solar array, small-scale solar array, or roof-mounted solar systems shall have an anti-reflective coating.
(3)
The removal of existing vegetation is limited to the extent necessary for the construction and maintenance of the solar array system. Removal of existing trees larger than six inches in diameter should be minimized to the extent possible.
(4)
Applicants seeking to develop large-scale solar array systems shall develop, implement and maintain native vegetation to the extent practicable pursuant to a vegetation management plan by providing native perennial vegetation and foraging habitat beneficial to game birds, songbirds, and pollinators.
(5)
Solar array systems smaller than 10 acres shall have views minimized from adjacent properties to the extent reasonably practicable using architectural features, earth berms, landscaping, or other screening methods that will harmonize with the character of the property and surrounding area.
(6)
Solar array systems larger than 10 acres shall be required to:
(a)
Conduct a visual assessment of the visual impacts of the solar array system on public roadways and adjacent properties. At a minimum, a line-of-sight profile analysis shall be provided. Depending on the scope and potential significance of the visual impacts, additional impact analyses, including a digital viewshed report, shall be required to be submitted by the applicant.
(b)
Submit a screening and landscaping plan to show adequate measures to screen through landscaping, grading or other means so that views of solar panels and solar energy equipment shall be minimized as reasonably practical from public roadways and adjacent properties to the extent feasible.
(c)
The screening and landscaping plan shall specify the locations, elevations, height, plant species, and/or materials that will comprise the structures, landscaping, and/or grading used to screen and/or mitigate any adverse aesthetic effects of the system, following the applicable rules and standards established by the Town of Parma.
F.
Safety.
(1)
All solar array systems shall be certified under the applicable electrical and/or building codes as required.
(2)
Solar array systems shall be maintained in good working order and in accordance with industry standards. Site access shall be maintained, including snow removal at a level acceptable to the Town's Fire Department.
(3)
Where deemed necessary, the Zoning Board of Appeals may require the applicant to ensure emergency access to the facility area for local first responders by installing an emergency local box or similar device in a location subject to approval by the Town's Fire Department.
G.
Battery storage.
(1)
If solar storage batteries are included as part of a small-scale or large-scale solar array systems, then their location, placement and maintenance shall be governed by and in accordance with the regulations in this section, the New York State Uniform Code and all regulations promulgated under New York State Code and the National Electric Code.
(2)
When storage batteries are no longer in use, they shall be properly disposed of in accordance with New York State law and all other relevant and applicable federal and local disposal laws and/or regulations.
H.
Decommissioning plan and financial surety.
(1)
A system decommissioning plan shall be required as a result of any of the following conditions:
(2)
If any of the above conditions are met, and upon notification or instruction by the Town of Parma, the owner of the solar development in question shall implement the decommissioning plan. System decommissioning and removal, as well as all necessary site restoration or remediation activities shall be completed within 12 months.
(3)
The owner of the solar array system, hereafter referred to as the facility, shall be responsible for the decommissioning plan and all related costs to decommissioning.
(4)
The owner of the facility, as provided for in its lease with the landowner, and in accordance with the requirements of the Parma zoning law, shall restore the property to its condition as it existed before the facility was installed, pursuant to which shall include the following:
(a)
Removal of all operator-owned equipment, concrete, conduits, structures, fencing, and foundations located less than 36 inches below the soil surface, and/or less than 48 inches below the soil surface in areas consisting of mineral soil groups (MSG) 1-4 and/or active agricultural lands.
(b)
For projects located on areas consisting of MSG 1 to 4 and/or active agricultural lands, removal of all operator-owned equipment, concrete, conduits, structures, fencing, and foundations in accordance with the decommissioning requirements contained in the NYS Department of Agriculture and Markets "Guidelines for Solar Energy Projects - Construction Mitigation for Agricultural Lands."
(c)
Removal of any solid and hazardous waste caused by the facility in accordance with local, state and federal waste disposal regulations.
(d)
Removal of all graveled areas and access roads unless the landowner requests in writing for it to remain.
(5)
The cost of system decommissioning and removal, as well as all necessary site remediation and restoration activities shall be estimated on the date and time that development applications are filed.
(6)
A decommissioning security shall be executed in the amount of 115% of the cost of system decommissioning, removal, and site restoration.
(7)
The cost estimate and decommissioning surety shall be re-visited every five years and updated as needed to account for inflation or other cost changes.
I.
Agricultural resources.
(1)
Solar array systems shall occupy no more than 50% of an area of mineral soil groups (MSG) 1-4 within the facility area.
(2)
If the landowner demonstrates that, notwithstanding the classification as MSG 1 to 4, the land cannot be profitably employed due to excessive wetness, rocky conditions or slopes, the land may be excluded from the calculation required by this section.
(3)
To the maximum extent practicable, solar array systems located on MSG 1 to 4 shall be constructed, monitored and decommissioned in accordance with the NYS Department of Agriculture and Markets "Guidelines for Solar Energy Projects - Construction Mitigation for Agricultural Lands."
§ 165-53 Solar energy system, roof-mounted.
A.
Roof-mounted solar energy systems shall be a permitted accessory use in all districts, subject to the provisions in this section.
B.
Solar panels on pitched roofs shall be mounted with a maximum distance of eight inches between the roof surface the highest edge of the system.
C.
Solar panels on pitched roofs shall be installed parallel to the roof surface on which they are mounted or attached.
D.
Solar panels on pitched roofs shall not extend higher than the highest point of the roof surface on which they are mounted or attached.
E.
Solar panels 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.
§ 165-54 Short-term rental (STR).
A.
Short-term rentals, hereafter STR, shall be owner-operated.
B.
No more than one non-resident of the premises shall be engaged as employees of the operation.
C.
An STR shall have a maximum of four guest rooms with no more than four guest rooms sharing a single bathroom.
D.
The maximum length of stay for any guest is 30 consecutive days.
E.
Parking for STR guests shall not be located or permitted in the front yard of the property. The Planning Board shall approve the location and screening of all required parking.
§ 165-55 Townhome or multi-unit home.
A.
All townhome and multi-unit residential uses and developments shall provide safe and efficient pedestrian circulation and site lighting.
B.
All townhome and multi-unit residential uses and developments shall be served by publicly owned, operated and maintained water supply and sanitary sewage disposal facilities.
C.
Each building shall be provided with suitable containers for the storage of recyclable materials and refuse collections. Such containers shall be screened from public view by use of fences or solid walls.
D.
All townhome and multi-unit residential uses and developments shall have direct access from common parking areas to a dedicated street.
E.
Not less than 25% of the land area within a townhome and multi-unit residential uses and developments, excluding parking areas and vehicle access facilities, shall be established and maintained as open space for the use and enjoyment of residents and their guests.