Phelps Town City Zoning Code
ARTICLE V
Special Uses
§ 145-10 General provisions.
Special uses, as enumerated in the Schedule of Regulations[1], shall be permitted only upon authorization by the Board of Appeals pursuant to the review by the Planning Board, provided that such uses shall be found by the Board of Appeals to comply with the following requirements or other applicable requirements as set forth in this chapter.
[1]
Editor's Note: The Schedule of Regulations is included at the end of this chapter.
A special use shall not cause substantial injury to the value of other property where it is to be located; shall be compatible with adjoining development; shall provide adequate landscaping and screening; shall provide off-street parking and loading so as to minimize interference with traffic on the local streets; and shall not jeopardize the public health, safety, welfare and convenience.
The regulations in this Article shall apply to special uses which are authorized by the Board of Appeals.
§ 145-11 Guiding principles and standards.
The use should be one specifically enumerated as a special use in the district within which such particular site is located.
For every special use, the Board of Appeals shall make a specific finding, supported by evidence produced at a public hearing in a manner provided by law, that such use will not be prejudicial to the character of the area.
For every such special use, the Board of Appeals shall determine that there is appropriate provision for access facilities adequate for the estimated traffic from public streets and pedestrian walkways so as to ensure public safety and to avoid traffic congestion.
For every special use, the Board of Appeals shall determine that there are fully adequate parking areas and off-street loading spaces, in conformity with the proposed parking requirements of this chapter and all other related ordinances.
For every such special use, the Board of Appeals shall require suitable planting or screening.
Such special uses include planned commercial and industrial development groups which would permit two or more principal structures on the same district lot so as to permit diversification in the location of buildings and to improve circulation facilities and other site qualities while maintaining adequate standards for public health, safety, welfare and convenience.
§ 145-12 Violations of special use permits.
[Added 5-16-1988 by L.L. No. 2-1988]
In the event that the Board of Appeals finds that there are any violation(s) of the general intent for which the special use permit was issued or any violation(s) of the requirements of this chapter or other applicable provisions of law, the Board of Appeals may, in addition to any other penalty provided by law, revoke the special use permit at any time; provided, however, that the following conditions are met:
The Board of Appeals has provided a written notice to the permit holder of the specific nature of the violation(s) and a specific time limit, of not less than 30 days, during which time the permit holder may cure or remedy the violation(s).
The Board of Appeals has provided the permit holder with an opportunity to meet with and address the Board of Appeals within 15 days of the date of the above-cited written notice.
§ 145-13 Individual manufactured homes.
[Amended 5-16-1988 by L.L. No. 2-1988; 2-2-2004 by L.L. No. 1-2004]
Title. This section shall be known as the "Individual Manufactured Home Regulations of The Town of Phelps."
Purpose. To ensure that individual manufactured homes within the Town of Phelps are occupied in a manner that is consistent with conventional built homes in order to preserve the character, appearance, desirability and value of property in this community.
Permit required. It shall be unlawful for any person to use a manufactured home as habitation or dwelling without first having secured a building permit and certificate of occupancy from the Code Enforcement Office of the Town of Phelps.
Definitions. As used in this section, the following terms shall have the meanings indicated:
A use lawfully in existence at the time this section becomes effective, including manufactured homes.
Regulation of individual manufactured homes outside a manufactured home park.
Application for a permit. Application shall be made to the Code Enforcement Officer, in writing, for a building permit. The application forms will be provided by the Town and shall be submitted with the fee as required by Chapter A157, Fees. Application must be accompanied by a plot plan drawn near to scale showing the proposed location on the lot (with measured setbacks from all lot lines) of the manufactured home; driveway; parking; well and septic system, if required; proposed landscaping and any other proposed structures or facilities. The site plan must be reviewed and approved by the Planning Board.
The following regulations shall apply to building permits for individual manufactured homes.
Permitted districts: Manufactured homes having a pitched main roof with roofing shingles or tiles and shingled or clapboard siding, attached by anchoring devices to a continuous perimeter masonry or concrete foundation, will be considered the same as a conventional built home and are permitted in all zoning districts. All site work must meet the Town of Phelps codes in the same manner as a conventional built home. Tow bars and hitches shall be removed upon installation. Conformance is to be determined by the Code Enforcement Office of the Town of Phelps.
Certification: A manufactured home shall bear a label certifying that it was built in compliance with the Federal Manufactured Housing Construction and Safety Standards and must comply with the New York State Uniform Fire Prevention and Building Codes.
Attached enclosures:
Manufactured homes may have attached enclosures, provided that such enclosures do not exceed 25% of the floor area of the manufactured home. An enclosed attached garage or open carport shall not be counted against the floor area limitation of 25%.
Attached structures shall require a building permit and may be submitted as part of the original application or may be submitted as a separate application at a later date.
Foundations: to be prepared in accordance with the New York State Residential Building Codes.
Accessory uses: One accessory detached and enclosed building shall be permitted on the same lot with a manufactured home. The accessory building shall not exceed the gross floor area of the manufactured home, except where the total lot area is substantially above the minimum required, in which case the Board of Appeals may approve a larger accessory building. "Substantial," for the purpose of this subsection, shall mean a lot area of 1 1/2 times the minimum lot area.
Certificate of occupancy: After all requirements of this chapter have been met, a certificate of occupancy must be received prior to occupancy of the manufactured home for use as a residential dwelling.
Replacement: Should the individual having a manufactured home certificate of occupancy replace the manufactured home for which the original building permit was obtained, he/she shall notify the Code Enforcement Officer or Town Board of such change and obtain a new building permit prior to the actual replacement of the existing manufactured home. A new certificate of occupancy will have to be issued prior to occupying the new home.
Nonwaiver: The issuance of a building permit and/or a certificate of occupancy pursuant to the provisions of this chapter shall not be deemed to waive compliance by the holder thereof or by the property owner or by the occupant of said manufactured home with any statute of the State of New York and the Municipal Code or health regulations of the Town of Phelps.
Variances: The Board of Appeals may grant a variance from any of the regulations of this section.
Time limit for completion: A certificate of occupancy for an individual manufactured home must be obtained from the Code Enforcement Officer within six months from the date of approval for the building permit. Failure by the applicant to obtain the certificate of occupancy will, without any further notice, make the building permit null and void. A new permit must be applied for.
Placement of a manufactured home for a family hardship.
Purpose: To provide a means whereby a single-wide manufactured home can be placed on the same lot as a principal residence due to a family member being unable to live alone without daily oversight.
Permit required: It shall be unlawful to place a manufactured home per Subsection F(1) above without first securing a special use permit from the Code Enforcement Officer of the Town of Phelps.
Definitions: As used in this section, the following terms shall have the meanings indicated:
An immediate family member whose condition does not allow him/her to live alone without daily oversight.
A grandmother. grandfather, father, mother, brother, sister, son, daughter or spouse of the owner of the principal residence.
Not wider than 14 feet and delivered in one piece.
Regulations for family hardship:
Application for special use permit. Application shall be made to the Code Enforcement Officer, in writing, for a permit. The application forms will be provided by the Town and shall be submitted with the fee required by Chapter A157, Fees. Applications must be accompanied by a plot plan drawn near to scale showing the proposed location on the lot of the manufactured home; driveway; parking; well and septic system, if required; proposed landscaping and any other proposed structures or facilities.
The following regulations shall apply to special use permits for family hardships. A special use permit may be issued in all zoning districts of the Town of Phelps for a single-wide manufactured home placed on a lot for a family hardship, provided:
The home and its placement conform to all regulations pertaining to manufactured homes.
The manufactured home must bear a label certifying that it was built in compliance with the Federal Manufactured Housing Construction and Safety Standards and must comply with New York State Uniform Fire Prevention and Building Codes.
A qualified medical doctor's letter is submitted certifying the immediate family member's condition and the expected duration of condition. A new letter must be submitted if the condition lasts longer than expected.
Temporary permit for a manufactured home.
A temporary permit for a period of time stated may be issued by the Code Enforcement Officer without a building permit and without compliance with the requirements of § 145-13 for the following cases:
An unoccupied manufactured home, that has been replaced by an upgrade or a conventional built home, may be temporarily parked for a period of three months, enabling the owner to sell or otherwise dispose of same.
A manufactured home may be parked temporarily for use as an office or storage facility to accommodate a construction project for the term of the construction project but not to exceed 12 months.
A manufactured home, if occupied or intended to be occupied pending construction, as herein defined, may be parked temporarily on a lot by the occupant of the manufactured home pending the construction of the permanent dwelling for such owner on said lot, provided that the owner has first obtained a building permit for such construction. Such parking shall not continue for a period in excess of 12 months and shall cease when the permanent dwelling under construction is completed. The Code Enforcement Officer may extend time for completion for an additional period not to exceed 12 months.
Existing nonconforming use. The owner of an existing individual manufactured home located outside of an existing mobile home park, as of the date of enactment of this section may replace that unit, provided that:
The replacement unit is equal to or greater in floor area than the unit being replaced and conforms with the requirements of § 145-13.
The unit being replaced has not been vacant for the period of the previous 12 months.
The unit being replaced is removed from the lot within three months from the date the replacement unit is occupied.
The replacement unit will comply with all other requirements of § 145-13 including application for approval of a building permit; provided, however, that the building permit will not be denied for the following reasons:
The right to replace an existing manufactured home, as provided above, will not apply in any case where the existing use has been approved by a temporary or special use permit which is conditional, in that it limits the use to a specified duration or hardship. When the condition(s) specified have ceased to exist, the manufactured home will be removed from the lot, as herein required.
§ 145-14 Manufactured home courts or parks.
[Amended 10-3-1994 by L.L. No. 2-1994]
Permit required. It shall be unlawful for any person, firm or corporation to establish or maintain a manufactured home park within the Town of Phelps without first having secured a special use permit as is required under the provisions of this chapter.
[Amended 12-8-1998 by L.L. No. 7-1998]
Title and purpose. This section shall be known as the "Manufactured Home Park Regulations of the Town of Phelps" and shall be for the purpose of promoting the public health, safety and welfare of the inhabitants of the Town of Phelps.
[Amended 12-8-1998 by L.L. No. 7-1998]
Definitions. As used in this section, the following terms shall have the meanings indicated:
A certificate authorizing maintenance and operation of a manufactured home park.
[Amended 12-8-1998 by L.L. No. 7-1998]
A written permit issued by the Board of Appeals permitting the construction, alteration and extension of a manufactured home park under the provisions of this chapter and regulations issued hereunder.
[Amended 12-8-1998 by L.L. No. 7-1998]
Application procedures for special use permit. Application shall be made for a special use permit for a manufactured home park pursuant to procedures and requirements under this chapter. Supplementary provisions hereinafter set forth shall be considered as minimum requirements by the Board of Appeals on any application.
[Amended 12-8-1998 by L.L. No. 7-1998]
An application for a special use must be obtained from and filed with the Code Enforcement Officer of the Town of Phelps. A filing fee based upon the schedule of fees in Chapter A157, Fees, to be nonrefundable, will be retained by the Code Enforcement Officer.
The application must contain a legal description of property on which the proposed park will be located.
A sketch map must be enclosed with said application and must contain:
General sketch plan of the proposed park, including the number of lots, lot size locations, recreation areas, accessory buildings and service buildings; and also showing on sketch plan.
Abutting property owners and present use of this property.
Proposed access and egress routes.
Present and proposed sewer, water and other utility lines.
Any unusual special land features, such as streams, creeks, areas subject to flooding and areas of steep slopes in excess of 15°.
Said application, when completed and filed and the fee deposited with Code Enforcement Officer, will be forwarded to the Planning Board for review within 10 days before or at next regularly scheduled Planning Board meeting.
Planning Board action. The Planning Board, having received said application, will study the application and make recommendations thereto to the Board of Appeals in accordance with § 145-54.
Site requirements.
Minimum site: five acres.
Size of lots and yards. Every lot shall meet the following minimum requirements:
Lot area per manufactured home: minimum 6,000 square feet.
[Amended 12-8-1998 by L.L. No. 7-1998]
Front yard setback depth from manufactured home development street: 20 feet.
[Amended 12-8-1998 by L.L. No. 7-1998]
Front yard setback depth from manufactured home development right-of-way: five feet.
[Amended 12-8-1998 by L.L. No. 7-1998]
Front yard setback from manufactured home lot line: 15 feet.
[Amended 12-8-1998 by L.L. No. 7-1998]
Side yard setback depth from manufactured home lot line: 10 feet.
[Amended 12-8-1998 by L.L. No. 7-1998]
Rear yard setback depth from manufactured home lot line: 10 feet.
[Amended 12-8-1998 by L.L. No. 7-1998]
Minimum width: 60 feet; minimum length: 100 feet.
No manufactured home shall be located closer than 100 feet to any highway line and shall be no closer than 50 feet to any adjoining property line.
[Amended 12-8-1998 by L.L. No. 7-1998]
Maximum plot coverage by any manufactured home and appurtenant structures shall not exceed 40%.
[Amended 12-8-1998 by L.L. No. 7-1998]
Accessory buildings on individual lots or stands. One accessory building not exceeding 100 square feet is permitted. This building must be of a building material that is approved by the New York State Uniform Fire Prevention and Building Code. This building may be of a preconstructed material.
[Amended 10-3-1994 by L.L. No. 2-1994]
Minimum size of individual manufactured homes. The minimum size of any individual manufactured home in a park will not be less than 500 square feet.
[Amended 12-8-1998 by L.L. No. 7-1998]
Entrance platform. Each manufactured home shall be provided with an entrance platform of concrete asphalt or equivalent at least eight feet by 20 feet and four inches in depth. This platform will be located at the main entrance to the manufactured home and may act as base for railings and steps for manufactured home. This platform may also be part of the patio area.
[Amended 12-8-1998 by L.L. No. 7-1998]
Skirts. Each manufactured home owner shall be required to enclose the bottom portion of the manufactured home with either a metal or wood skirt or enclosure within 30 days after arrival in the park. Such skirts shall be uniform in appearance in design and type.
[Amended 12-8-1998 by L.L. No. 7-1998]
Parking areas. Each manufactured home lot must have two parking spaces, preferably off-street. Parking facilities may be provided so that each manufactured home lot would have one off-street parking area. A common parking area may be utilized for second vehicle parking area and guest parking and for delivery and service vehicles. Each parking space must have a minimum of 250 square feet. In new developments, no on-street parking shall be permitted. Parking spaces shall be provided for all park service buildings and meeting the provisions of this chapter. No boats, camp haulers, trailers or motor vehicles not designed for passengers shall be parked or stored at any place within the manufactured home park except in designated areas. No unlicensed motor vehicles or trailers or parts thereof or junk of any nature or description shall be parked or stored within the manufactured home park.
[Amended 12-8-1998 by L.L. No. 7-1998]
Sidewalks. Sidewalks will only be required from the street to the entrance of a manufactured home. Said sidewalk must be of concrete, macadam or hard surface.
[Amended 12-8-1998 by L.L. No. 7-1998]
Screen; fences and walls. Fences and walls shall be provided in lieu of screening shrubbery. These items shall be provided around areas which, because of height or other factors, constitute a hazard to the public or to property.
Landscaping. Proper landscaping, if appropriate, should be by mutual agreement with the Planning Board and the park developer.
Fire protection. Suitable fire apparatus and/or communication with the local Fire Department shall be provided. In rural areas, a pond may be provided for water supply in case of fire.
Roadway; access. The entrance road connecting the manufactured home park streets with a public road shall have a minimum road width of 20 feet or a total of 36 feet, including right-of-way. It is recommended that a separate access and egress be provided where appropriate. The road shall be constructed of blacktop or equivalent.
[Amended 12-8-1998 by L.L. No. 7-1998]
Internal streets.
The width of all internal streets must be at least 20 feet, with an additional five-foot right-of-way provided for on each side.
All internal streets shall be constructed of blacktop or the equivalent of the same and shall be designed, graded and leveled as to permit the safe passage of emergency and other vehicles at a speed of 15 miles per hour.
Each street shall be named and each manufactured home lot therein will be given a permanent number which shall be affixed to the manufactured home and shall be visible from the street.
[Amended 12-8-1998 by L.L. No. 7-1998]
Lighting. Streets should be illuminated from dusk to dawn with such lighting meeting the recommendations of the utility company.
Sanitary and water facilities. All such facilities must meet the requirements of the Department of Environmental Conservation or other agencies having authority thereof. Approval by said agencies is required before any permit will be issued.
Storm drainage pipes, ditches, etc., may be required with the request of the Planning Board.
Garbage and refuse.
Each manufactured home park shall provide sanitary equipment to prevent littering of the grounds and premises with rubbish, garbage and refuse. Each manufactured home shall have containers with tightly fitting covers. Regular disposal shall be provided for all rubbish, trash and garbage.
[Amended 12-8-1998 by L.L. No. 7-1998]
Storage areas for garbage, rubbish and trash containers will be adequately screened by either a solid fence or appropriate screening vegetation.
Burning. No garbage or refuse of any kind shall be burned.
Electrical distribution system; individual electrical.
General requirements. Every park shall contain an electrical wiring system consisting of wiring fixtures, equipment and appurtenances which shall be installed and maintained in accordance with the local electric power company's specifications and regulations. All wiring fixtures and connections must have the approval of any approved underwriters or inspection agency.
Specific regulations.
Each manufactured home shall be supplied with not less than a one-hundred-ampere service. If the manufactured home is to be heated electrically, then a two-hundred-ampere service is recommended for each unit.
[Amended 12-8-1998 by L.L. No. 7-1998]
All utilities shall be placed below ground.
All grounding wiring in the manufactured home must be retained.
[Amended 12-8-1998 by L.L. No. 7-1998]
Fuel supply and storage.
General requirements. All fuel oil supply systems provided for manufactured homes, service buildings and other structures shall be installed and maintained in conformity with the rules and regulations of the authority having jurisdiction when provided.
Natural gas supply. Natural gas piping systems installed in manufactured home parks shall be maintained in conformity with accepted engineering practices.
[Amended 12-8-1998 by L.L. No. 7-1998]
Liquefied gas.
Such system shall be provided with safety devices to relieve excessive pressures and shall be arranged so that the discharge terminates at a safe location.
Systems shall have at least one accessible means for shutting off gas. This means shall be located outside of the individual manufactured home.
[Amended 12-8-1998 by L.L. No. 7-1998]
All liquid propane gas piping shall be well supported and protected against mechanical injury.
Storage tanks shall not be less than 100 pounds and must be located at the rear of the manufactured home and no closer than five feet from any exit.
[Amended 12-8-1998 by L.L. No. 7-1998]
It is recommended that a central underground gas storage system be furnished.
Recreational areas; open spaces.
Every manufactured home park shall have a minimum of 5,000 square feet of recreation area for the public use of persons living in the park and no less than 200 square feet per manufactured home.
[Amended 12-8-1998 by L.L. No. 7-1998]
The Planning Board, as a condition of approval, may establish such conditions on the ownership, use and maintenance of open spaces as it deems necessary to assure the preservation of such open spaces for their intended purposes.
It is recommended that this recreation area be centrally located, but other areas may be better utilized for this purpose, depending on topography and location of manufactured home park.
[Amended 12-8-1998 by L.L. No. 7-1998]
The design of such areas shall be appropriate for the intended use and location.
Service buildings.
Service buildings shall meet all the requirements of this chapter.
Service buildings may be consolidated so that essential services and management operations may be in one building. Single construction is preferable if service buildings would adequately serve all manufactured home lots.
[Amended 12-8-1998 by L.L. No. 7-1998]
Sales.
[Amended 12-8-1998 by L.L. No. 7-1998]
Sale of lots in manufactured home park. No manufactured home lot shall be sold within a manufactured home park.
Manufactured home sales. No manufactured home shall be offered for sale, displayed for sale or sold within a manufactured home park unless such manufactured home is connected to all operating utilities and is placed on a lot within the manufactured home license or a designated sales area which meets all the conditions of this chapter.
Special use permit; license for operation; maintenance of manufactured home park. After all rules, regulations and provisions of this chapter and the Municipal Code of the Town of Phelps have been met, the Code Enforcement Officer shall issue a special use permit and license for operation and maintenance of a manufactured home park. Said applicant shall file a licensing fee as set forth in Chapter A157, Fees. Said license is for a twelve-month period.
[Amended 12-8-1998 by L.L. No. 7-1998]
Renewal fee. Within 40 days of expiration of said license, the applicant must file for renewal of the license. At this time, the Code Enforcement Officer and/or other authorities may make inspections of said manufactured home park to determine if compliance with provisions of this chapter and all other rules, regulations and codes have been met. After proper examination and notification, a renewal license will be issued by the Code Enforcement Officer. The renewal fee will as set forth in Chapter A157, Fees.
[Amended 12-8-1998 by L.L. No. 7-1998]
Transfer of license. No person holding a license shall transfer said license until such time as the Code Enforcement Officer or other authority shall have an opportunity to examine such park to determine if compliance to this section and other rules and regulations have been complied with. If approved by the Code Enforcement Officer, a new license shall be issued upon payment of the transfer fee.
Inspection of manufactured home park. Any duly authorized representative of the Town may inspect a manufactured home park at reasonable intervals and at reasonable times to determine compliance with this section.
[Amended 12-8-1998 by L.L. No. 7-1998]
Suspension of revocation of license. Conviction of the offense of violation of this chapter and any sanction or part thereof may, in addition to other penalties herein provided, result in suspension of the license in the discretion of the court.
Appeal by licensee. The right of appeal and time and manner for perfecting any judgment or decision of the court made therein shall be as provided by law on conviction of a violation of a Town ordinance.
Management and duties of licensees.
Every manufactured home park shall be under the direct management of the owner or licensee or his agent or representative. Such person or persons shall:
[Amended 12-8-1998 by L.L. No. 7-1998]
Operate such park from an office located within the park.
Maintain a bound book containing a record of the names of all persons accommodated at the park, and their home address.
Maintain an accurate record of the make, model number and year of each manufactured home in park. This record shall be available to any authorized person inspecting the park.
The person or persons to whom a license has been issued shall operate the park in compliance with this chapter and shall provide adequate supervision to maintain the park and keep its facilities and equipment in good repair and in a clean, sanitary condition.
The licensee will also:
Provide for adequate snow removal on all streets.
Provide for adequate garbage, rubbish and trash collection.
Provide to the Tax Assessor within 14 days following the arrival of any manufactured home the information called for by the Tax Assessor and will also notify the Tax Assessor within 14 days following the departure of any manufactured home from park.
[Amended 12-8-1998 by L.L. No. 7-1998]
Bond required. The owner of a manufactured home park shall be bonded annually in an amount to be determined by the Town Board for the benefit of the Town and the occupants or lessees of the manufactured home park.
[Amended 12-8-1998 by L.L. No. 7-1998]
§ 145-15 Residential conversions.
[Amended 10-3-1994 by L.L. No. 2-1994]
All residential conversions shall have at least two off-street parking spaces per dwelling unit, and each unit shall have adequate light, air, heating and plumbing facilities and shall have at least 3,000 square feet of lot area and 600 square feet of floor area for each dwelling unit, but no converted building shall have more than a total of four dwelling units.
§ 145-16 Automobile salvage and wrecking operations, outdoor storage and junk yards.
Automobile salvage and wrecking operations, outdoor storage and junkyards shall require a license for such operation.
[Added 10-3-1994 by L.L. No. 2-1994]
The area used for the above purposes:
Shall not be located nearer than 200 feet to any residential or commercial district
Shall have no storage between the fence and hedge and the public right-of-way.
Shall be no nearer than 25 feet from any nearest public highway right-of-way line.
Inside and adjacent to and contiguous with such fence a strip of land at least 10 feet in width shall be kept free of all dry grass or other growth or other combustible material so as to provide a fire lane or line around the whole area where the activity or business of the licensee is being conducted.
The autos, parts and materials dealt in by the licensee shall be disassembled or dismantled by means other than by burning. They shall be piled to a reasonable height and arranged in neat rows so as to permit easy, clear passage through the area.
There shall be maintained at each such place of activity or business for which a license is issued at least one fire extinguisher of approved design and capacity for each 40,000 square feet of area. Each such fire extinguisher shall be hung or mounted in a conspicuous place, clearly marked and available.
When the area is not supervised by the licensee or his employees, the fence shall be locked at a secure gate in a secure manner.
Suitable sanitary facilities shall be available, connected to approved public sewer or septic tanks, for the use and convenience of the employees of the licensee as well as the general public visiting the area.
The area of the licensee's activity or business shall not be used as a dump area nor as a place for the burning and disposal of junk or trash.
The minimum lot size for any area used for any of the above purposes shall be 10 acres, with a minimum width of 300 feet and a minimum front, side and rear yards of 100 feet.
[Added 8-5-1991 by L.L. No. 1-1991]
No highly inflammable or explosive liquids, solids or gases shall be in bulk above ground. Fuel tanks for equipment use as regulated by the New York State Department of Environmental Conservation and tanks or drums of fuel directly connected with heating devices or appliances located on the same premises as the tanks or drums of fuel are excluded from this provision.
[Added 8-5-1991 by L.L. No. 1-1991]
Materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible by or otherwise be attractive to rodents or insects shall be stored outdoors and only in closed containers.
[Added 8-5-1991 by L.L. No. 1-1991]
No materials or wastes shall be deposited on any premises in such form or manner that they may be transferred off such premises by natural causes or forces.
[Added 8-5-1991 by L.L. No. 1-1991]
§ 145-17 Regulations.
[Amended 10-3-1994 by L.L. No. 2-1994]
Retail uses in the Industrial District. Such uses shall be permitted only where the applicant can prove to the Board of Appeals that such use is necessary to serve primarily industrial uses in the vicinity.
§ 145-18 Planned development groups.
Under the standard provisions of this chapter, a separate ground area, referred to in this chapter as a district lot, must be designated, provided and continuously maintained for each structure or use. Pursuant to the procedure hereinafter set forth, two or more such structures may be erected and maintained on the same district lot. Also, several district lots may be combined into one plan covering a planned development group. The procedure is intended to permit diversification in the location of structures and to improve circulation facilities and other site qualities while ensuring adequate standards relating to public health, safety, welfare and convenience in the use and occupancy of buildings and facilities in planned groups.
Before approving the site plan, the Board of Appeals shall make findings with respect to the following:
[Amended 10-3-1994 by L.L. No. 2-1994]
Traffic access. That all proposed site traffic accessways are adequate but not excessive in number, adequate in grade, width, alignment and visibility and not located too near street corners, entrances to schools or places of public assembly and other similar considerations.
Circulation and parking. That the interior circulation system is adequate and that all required parking spaces are provided and are easily accessible.
Paving and drainage. That there shall be adequate design of grades, paving, gutters, drainage and treatment of turf to handle stormwaters and to prevent erosion and formation of dust.
Disposal of usable open space. That in accordance with the spirit and intent of this chapter, wherever possible, usable open space is disposed of in such a way as to ensure the safety and welfare of residents.
Arrangement of buildings. That adequate provision has been made for light, air, access and privacy in the arrangement of buildings to each other. Each dwelling unit shall have a minimum of two exterior exposures.
Proper landscaping. That the proposed site is properly landscaped, the purpose of which is to further enhance the natural qualities of the land. Where adjacent land use dictates, proper screening and buffer zones may be required. No certificate of occupancy shall be issued for any such building or buildings unless the same conforms in all respects to such site plan and unless all facilities included in the site plan have been in accordance therein.
Signs and lighting. That signs and lighting devices shall be properly arranged with respect to traffic control devices and adjacent residential districts.
§ 145-19 (Reserved) [1]
[1]
Editor’s Note: Former § 145-19, Excavations, as amended, was repealed 7-9-2012 by L.L. No. 3-2012. Former § 30.42I, Requirements for extractive industries permit; topsoil removal, which immediately followed that section, was repealed 10-3-1994 by L.L. No. 2-1994.
§ 145-20 Kennels.
[Added 8-5-1991 by L.L. No. 1-1991]
Site preparation or construction of a kennel shall not commence nor shall any existing structure be occupied as a kennel until the final site plan approval has been granted by the Planning Board and a special use permit has been granted by the Zoning Board of Appeals.
The site plan shall contain provisions for adequate measures to prevent offensive noises and odors and a plan for disposal of all animal wastes.
Refuse shall not be incinerated upon the lot on which the kennel is located.
No kennel shall be closer than 100 feet to any lot line other than the front lot line. This shall include all outdoor areas enclosed by fences for the use of animals. No shelters shall be located in the front yard. Also, no kennel shall be located closer than 300 feet to an existing dwelling.
§ 145-20.1 Cannabis retail dispensaries and cannabis on-site consumption establishments.
[Added 4-11-2022 by L.L. No. 2-2022]
Site preparation or construction of a cannabis retail dispensary or a cannabis on-site consumption establishment shall not commence nor shall any existing structure be occupied or used as a cannabis retail dispensary or a cannabis on-site consumption establishment until final site plan approval has been granted by the Planning Board and a special use permit has been granted by the Zoning Board of Appeals.
All applicants for site plan approval and a special use permit for a cannabis retail dispensary or a cannabis on-site consumption establishment shall submit the following to the Code Enforcement Officer:
A completed application on a form to be provided by the Town and application fee.
A parcel location map.
A drawing, drawn to scale, indicating the portion of the parcel to be developed in the regulated use, as well as all required appurtenances.
A clear and concise description of the proposed use.
Subject to applicable law, copies of all information and documentation submitted to the State of New York as part of its application for a license to operate under the Cannabis Law.
No cannabis retail dispensary or cannabis on-site consumption establishment shall be allowed within 500 feet of the boundary of any residential zoning district in the town, as measured from the nearest exterior wall of the portion of the structure containing the cannabis retail dispensary or cannabis on-site consumption establishment.
No cannabis retail dispensary or cannabis on-site consumption establishment shall be allowed within 500 feet of the property line of a parcel, within the town, containing a church, synagogue, other place of worship, library, school, nursery school, day-care facility, park, playground or substance abuse treatment site, as measured from the nearest exterior wall of the portion of the structure containing the cannabis retail dispensary or cannabis on-site consumption establishment.
No cannabis retail dispensary or cannabis on-site consumption establishment shall be allowed on the same parcel as another cannabis establishment.
No cannabis retail dispensary or cannabis on-site consumption establishment shall be allowed within 1,000 feet of the property line of another cannabis retail dispensary, cannabis on-site consumption establishment or other cannabis establishment, as measured from the nearest exterior wall of the portion of the structure containing the cannabis retail dispensary or cannabis on-site consumption establishment that is the subject of the application, whether or not such other establishment is located in the Town of Phelps.
No cannabis retail dispensary or cannabis on-site consumption establishment may be considered an on-premises business, as defined in § 145-71 of this Chapter.
No cannabis retail dispensary shall open or conduct any business prior to 9:00 a.m. nor remain open or conduct any business after 9:00 p.m.
No cannabis on-site consumption establishments shall open or conduct any business prior to 9:00 a.m. nor remain open or conduct any business after 9:00 p.m., Mondays through Saturdays, and shall not open or conduct any business prior to 12:00 p.m. nor remain open or conduct any business after 7:00 p.m. on Sundays.
No cannabis retail dispensary or cannabis on-site consumption establishment shall operate and no special use permit for a cannabis retail dispensary or cannabis on-site consumption establishment issued pursuant to this Chapter shall be valid until the applicant has obtained all licenses and permits issued by New York State and/or any of its agencies for it to conduct such business. This shall pertain to any promotions, giveaways and associated propaganda.
A special use permit for a cannabis retail dispensary or cannabis on-site consumption establishment shall have a term limited to the duration of the applicant's ownership and use of the premises as a cannabis retail dispensary or cannabis on-site consumption establishment, as applicable. A special use permit may be transferred only with the approval of the Zoning Board of Appeals in the form of an amendment to the special use permit.
Any violation of this Section shall be grounds for revocation of a special use permit issued under this Chapter.
A revocation of the cannabis retail dispensary license or cannabis on-site consumption establishment license, as applicable, by New York State and/or any of its agencies shall be grounds for revocation of the special use permit.
§ 145-20.2 Camping grounds.
[Added 7-10-2023 by L.L. No. 4-2023]
Camping grounds may be allowed as special uses in districts: Residential/Agricultural (R-AG), Commercial District 1 (C-1), Commercial District 2 (C-2), Industrial District (M-1) with the approval of a site plan by the Planning Board and a special use permit by the Zoning Board of Appeals. Camping Grounds shall not be allowed in Residential Districts (R-1).
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 the Special Use Permit approval from the Zoning Board and permits have been issued by all governmental agencies involved.
Camping grounds shall be occupied by only travel trailers, pickup coaches, motor homes, camping trailers, recreational vehicles, tents, cabins, A-frame, or similar structures suitable for temporary habitation and used for travel, vacation, and recreation purposes. The removal of wheels is prohibited. Permanent seasonal sites may block up the travel trailer or vehicular accommodations with wheels intact.
No cabin, A-frame or similar structure shall be constructed or erected on the site without a building permit issued by the Code Enforcement Officer. The construction of all buildings for human occupancy shall be designed and built to meet the standards of the Uniform Code. The issuance of a building permit by the Code Enforcement Office shall precede the start of any construction. No structure shall be occupied for camping or any other purpose without a certificate of occupancy issued by the Code Enforcement Officer. The Code Enforcement Officer shall not issue a certificate of occupancy for any structure without written approval of the New York State Department of Health that the sewage disposal system serving the building has been installed accordingly with appropriate standards and it is functioning properly, if applicable.
The minimum camping ground area shall be 20 acres.
Not more than 15 travel trailers, campers, tents, recreational vehicles, or motorhomes are permitted per acre of gross site area. Not more than 2 cabins, A-frame or similar structure shall be permitted per acre of gross site area.
Location and access. A Camping ground shall be located so that no entrance or exit from a site shall discharge traffic into any R-1 district nor require movement of traffic from the camping ground through a R-1 district. A camping ground shall have a minimum of 150 feet of frontage on a public street. Entrances and exits to camping grounds shall be designed for safe and convenient movement of traffic into and out of the camping area 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 exists. No entrance or exit shall require a turn at an acute angle for vehicles moving in the direction intended, and radii of curbs and pavements at intersections shall be such as to facilitate easy turning movements for vehicles with trailers attached.
Site conditions. Conditions of soil, groundwater level, drainage and topography shall not create hazards to the property or to the health or safety of the occupants. Site conditions shall not create health or safety hazards.
Accessory uses. 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.
Such establishments and the parking areas primarily related to their operations shall not occupy more than 5% of the gross area of the camping ground.
Such establishments shall be restricted in their use to occupants of the camping ground.
Such establishments shall present no visible evidence from any street outside the camping ground of their commercial character which would attract customers other than occupants of the camping ground.
The structures housing such facilities shall not be located closer than 200 feet to any public street and shall not be directly accessible from any public street but shall be accessible only from a street within the camping ground.
One owner occupied/caretaker occupied habitable residence is allowed per camping ground for overseeing the camping ground's operation.
Campsite/dwelling conversions to year-round habitable space shall not be allowed.
Plans for sewage disposal and water supply shall be designed in accordance with standards promulgated by the New York State Departments of Health and/or Environmental Conservation and shall receive approval from said agencies. A minimum of one RV dump station is required.
Each site shall have toilet facilities located not further than 300 feet from any site.
Streets and parking lots. Streets in camping grounds shall be private but shall be constructed in compliance with the site design. Plans and specifications for streets shall be reviewed and approved by the Town Engineer. All roadways and public parking areas shall be either paved or dust treated. Public Parking areas shall be provided to store transient trailers, boats along with guest parking. Street Sign identifiers shall be maintained at all intersections and the camping ground shall have a posted speed limit not to exceed five mph.
Sites. Travel trailers, pickup coaches, motor homes, camping trailers, and recreational vehicle sites shall be at least 2,800 square feet in area and have a minimum width of 40 feet. Tent sites shall be at least 1,500 square feet in area. All sites shall be identified with their own individual unique identifier.
Camping fires. All campsites shall be provided with a fire ring or fire pit to contain individual campfires.
Recreation facilities. A minimum of 20% 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 trailers, pickup coaches, motor homes, camping trailers, recreational vehicles, tents, or cabins, required buffer strips, street rights-of-way, parking or storage areas or utility sites shall be counted as recreational purposes.
Off-street parking and loading. In connection with use of any camping ground, no parking, loading or maneuvering incidental to parking or loading shall be permitted on any street, sidewalk or required buffer or right-of-way or on any public grounds or on any private grounds not part of the camping ground unless the owner has given written permission for such use. Each camping ground shall provide off-street parking, loading and maneuvering space so located and scaled that the prohibitions above may be observed, and camping ground owners shall be responsible for violations of these requirements.
An adequate lighting system shall be provided for the camping ground. All lighting shall be in accordance with Chapter § 92 of the Phelps Town Code.,
All utilities shall be underground. Travel trailers, pickup coaches, motor homes, camping trailers, recreational vehicles, and cabins shall have electric per site. Potable water shall be provided with New York State Health Department approval. All applicable sanitation standards promulgated by the State of New York shall be met.
The owner shall provide an adequately sized dumpster for disposal of garbage and refuse. The owner shall provide an adequately sized dumpster for the disposal of recycled materials such as paper, plastic, tin, steel, glass, and cardboard. Dumpsters shall be independent of each other. Camping ground owners are encouraged to have a positive environmental impact. Garbage and refuse shall be disposed of as often as may be necessary to ensure sanitary conditions. The Planning Board shall require fencing or natural buffering.
Setbacks. Each building or structure within a camping ground shall comply with the setback regulations applicable to the zoning district in which such camping ground is located, except that travel trailers, pickup coaches, motor homes, camping trailers, recreational vehicles, tents, and cabins may be located not closer than 250 feet to any side or rear line nor closer than the management headquarters to any front lot line.
Emergency contact information shall be posted outside the management headquarters. Information shall include 911 emergency numbers, the Ontario County Emergency Services non-emergency number, and camping grounds after hours management numbers.
Recreational Vehicle commercial sales are prohibited.
Adherence is required to Phelps Town Code § 96 on noise levels and time frames.
All camping grounds are required to provide an orientation to the local law enforcement, fire department and ambulance services for camping ground layout, facilities, and amenities. Such orientation shall be biennial.
The annual license fee for each camping ground shall be $10 per camping site per year in conjunction with the annual special use permit fee, an amount to be determined by the Phelps Town Board. The special use permit will be considered following the annual inspection performed by the Code Enforcement Officer to include habitable buildings and the approved site plan.
No unregistered vehicles or trailers shall be kept at the camping ground.
§ 145-20.3 Accessory dwelling units.
[Added 7-15-2024 by L.L. No. 5-2024]
Purpose. Accessory dwelling units are intended to provide the following benefits:
Increase the supply of rental housing in the Town.
Encourage the creation of alternative long-term housing that may meet the needs of persons seeking a smaller dwelling unit; and
Encourage a more efficient use of existing housing stock.
Encourage our aging population to "age in place."
Create housing expansion for our local workforce.
Provide options for young and older families.
Protect and preserve property values while preserving the rural character of the Town.
Zoning districts. An accessory dwelling unit is permitted in all zoning districts where a single-family dwelling is allowed as a permitted use or special use, in conformance with this section and all other applicable sections of the Zoning Law.
General requirements and standards.
No more than one accessory dwelling unit may be attached to the single-family dwelling on the premises.
One or more accessory dwelling units may be constructed by conversion of an existing, detached, accessory building located on the same premises as the single family dwelling to which such building is accessory.
All accessory dwelling units must meet the dimensional standards applicable to the zoning district in which it is located, regardless of whether the building being converted is a preexisting, nonconforming building.
One of the dwelling units on a lot containing an accessory dwelling unit must be the principal residence of at least one of the lot owners. Nonindividual lot owners, such as partnerships, corporations, trusts, limited-liability companies or other entities, shall be eligible to receive a special use permit for an accessory dwelling unit only if an owner of such entity, whose ownership interest in such entity is equal to or greater than all other owners of such entity, or a trust beneficiary, whose beneficiary interest in such trust is equal to or greater than all other beneficiaries, occupies one of the dwelling units on such lot containing an accessory dwelling unit as such entity owner's or trust beneficiary's principal residence. Lot ownership shall be evidenced by the last deed recorded in the Ontario County Clerk's office. Ownership of an entity shall be evidenced by a partnership agreement, corporate stock ledger or other corporate document providing such ownership information, limited-liability company operating agreement or other documentation that shows the ownership interests in such entity. Interests of trust beneficiaries shall be evidenced by the trust agreement or by a memorandum of trust executed by the trustees of such trust. Evidence that the dwelling is occupied as the person's principal residence may be established by an affidavit of the record owner, supported by voting records or such competent evidence as would be sufficient to establish a person's principal residence for purposes of voting.
DOH approval. The single-family dwelling and all accessory dwelling units shall be in full compliance with the standards of the Ontario County Department of Health. The Code Enforcement office shall require a New York State licensed engineer's report that shows the septic system and well on the lot are able to serve all dwelling units on the lot adequately, and that there will be no impact to adjoining properties. An accessory dwelling unit shall have a separate water service connection either directly from the Town, if the lot is connected to Town water, or from a private well located on the same lot. Under no circumstances shall an accessory dwelling unit have its water connection come from the single-family dwelling or another accessory dwelling unit on the lot.
Well. If any of the dwelling units on the lot will have its water supplied by a well on the lot, a water quality test shall be performed by an independent individual or entity, qualified to conduct such tests and submitted to the Building Inspector to determine that the water supply is safe for domestic use. The well test shall include an analysis for coliform and residual chlorine. Should coliform be present, a test for fecal coliform shall be required. In the event that such test determines that the water supply is not safe for domestic use, any procedures necessary to make the supply safe shall be completed and a new, independent test provided prior to the issuance of the building permit.
Building Code. An accessory dwelling unit shall meet all applicable building codes, including the New York State Uniform Fire Prevention and Building Code.
Parking. An accessory dwelling unit shall have an area available in which to provide adequate off-street parking for the accessory dwelling unit. A minimum of one additional space shall be provided for the accessory dwelling unit, and parking shall be allowed in a location on the lot as required by the Zoning Law § 145-24, as amended.
Accessory dwelling unit size. Accessory dwelling units 400 square feet or less shall comply with Appendix Q of the NYS Residential Code. Accessory dwelling units between 401 square feet but no more than 720 square feet gross floor area shall comply with the NYS Residential Code construction.
Access. Separate direct access to the exterior shall be provided from the accessory dwelling unit. Access between the single-family dwelling and the accessory dwelling unit is permissible provided any doors providing such access must be "lockable" from both sides.
Lot coverage. The maximum lot coverage for the lot shall not increase by more than 10% through alterations or additions of the single-family dwelling or through the conversion of a detached building to accommodate an accessory dwelling unit. The maximum lot coverage shall not otherwise exceed that required for the zoning district within which the parcel is located.
Bedroom. An accessory dwelling unit shall not contain more than two bedrooms. An efficiency unit (zero bedrooms) with a clearly defined sleeping area but not a fully enclosed bedroom, also, shall be allowed in lieu of providing an enclosed bedroom. No other space shall, in the determination of the Building Inspector, be so configured that it could be used as a third bedroom (e.g., a den, a sewing room, etc.).
Application. A special use permit application for an accessory dwelling unit shall be submitted to the building department, along with payment of the fee applicable to file a special use permit application and any other applicable fee as set forth, from time to time, in the "Town of Phelps Fee Schedule," along with the following in order to determine whether the accessory dwelling unit meets the requirements set forth herein:
A floor plan to scale on the single-family dwelling with the location of the proposed accessory dwelling unit shown thereon. Dimensions shall be provided of the entire single-family dwelling and accessory dwelling unit to determine compliance with the standards set forth herein.
A site plan, prepared in accordance with Chapter 115, Site Plan Review, of the Code of the Town of Phelps, showing at a minimum, the lot boundaries, all structures located on the lot, the location and dimensions of the proposed accessory dwelling unit(s) and all lot dimensions to enable the Town to verify that all lot dimensions for the applicable zoning district will be met. Parking locations shall also be shown on the survey.
Documents acceptable to the Code Enforcement Officer, Zoning Board of Appeals and the Planning Board showing, if applicable, the location and size of the existing and/or proposed septic system and well, that the lot is in full compliance with the standards of the Ontario County Department of Health and showing that the water supply is safe for domestic use.
Proof that one of the dwelling units on the lot that will contain an accessory dwelling unit will be the principal residence of at least one of the lot owners, one of the owners of a non-individual lot owner, as provided in this section, such as partnerships, corporations, limited-liability companies or other entities, or a trust beneficiary, as provided in this section. Evidence that the dwelling is occupied as the person's principal residence may be established by an affidavit of the record owner, supported by voting records or such competent evidence as would be sufficient to establish a person's principal residence for purposes of voting, copies of utility bills, tax bills or proof that the owner does not have his or her mail forwarded to a different address.
Zoning Board of Appeals review. Upon receipt of a complete application for a special use permit for an accessory dwelling unit meeting all the requirements of this Zoning Law, the Code Enforcement Officer shall refer the application to the Zoning Board of Appeals for review and decision pursuant to this chapter. The Zoning Board of Appeals decision shall be subject to compliance with Chapter 115, Site Plan Review, of the Code of the Town of Phelps.
Building permits and certificates of occupancy. An accessory dwelling unit shall comply with the provisions of § 60-4 and § 60-7 of Chapter 60, Building Code Administration, of the Code of the Town of Phelps, which requires issuance of a Building Permit for construction and a certificate of occupancy for occupancy.
Ownership verification. At the time of special use permit renewal, if the Zoning Board of Appeals requires the special use permit to be renewed at such time as determined by the Zoning Board of Appeals to be reasonable, the lot owner shall provide proof of continued occupancy as a principal residence as required by this section. Such forms of proof include, but are not limited to, an affidavit by the owner, copies of utility bills, tax bills and proof that the owner does not have his or her mail forwarded to a different address.
NYS Building Code. If any of the provisions herein conflict with the New York State Building Code, such Building Code shall control.