Schroeppel City Zoning Code
ARTICLE VIII
Specific Use Regulations
§ 95-39 Burial and memorial plots and buildings.
No burial or memorial plots or buildings shall be located closer than 50 feet to any residential lot line, except that when a dense evergreen hedge or wall or landscaped strip at least six feet in height providing complete visual screening from all adjacent residential property is provided, burial or memorial plots of less than six feet in height may be located no closer than 20 feet from any residential lot line.
§ 95-40 Excavations for soil mining.
Excavation for the purpose of soil mining such as gravel pits, quarrying or any subsoil or topsoil removal shall be regulated under the Town of Schroeppel Mining Local Law.[1]
[1]
Editor's Note: See Ch. 62, Mining.
§ 95-41 Garage sales.
One garage sale shall consist of the sale of items by the owner of the premises or in conjunction with the immediate neighbors of the owner of the premises over any three consecutive days during any one calendar year.
§ 95-42 Gasoline filling stations.
In any district where permitted, a gasoline filling station shall be subject to the following regulations:
A.
Filling stations shall be permitted only on lots of 22,500 square feet or more, with 150 feet minimum frontage.
B.
The location of service bays shall be at the discretion of the Planning Board.
C.
The area for use by motor vehicles, except access drives thereto, as well as any structures shall not encroach on any required yard area.
D.
No fuel pump shall be located closer than 20 feet from any side lot line not closer than 35 feet from any street line, measured from the outside edge of the fuel island.
E.
No access drive shall be within 200 feet of and on the same side of the street as a school, public library, theater, church or other public gathering place, park, playground or fire station unless a street 50 feet or more wide lies between such service station and such building or use.
F.
All repair work and storage shall be within a completely enclosed building which has a maximum height of 15 feet. Such repair work shall not include any body repair work or spray painting or car washing which requires mechanical equipment.
§ 95-43 Mobile home sites and parks.
Individual mobile home sites and mobile home parks are allowed in RMH-1 and RMH-2 Districts subject to the regulations contained in the Town of Schroeppel Mobile Home Ordinance.[1]
[1]
Editor's Note: See Ch. 64, Mobile Homes.
§ 95-44 Stables.
A.
Any lot to be used for stables for horses for noncommercial purposes shall have 20,000 square feet per horse in addition to the minimum requirements for square footage for the primary use of the lot.
B.
Any structure for the stabling of horses shall be located at least 200 feet from any minimum front yard setback so as to maximize the distance from the structure to the front lot line.
§ 95-44.1 Junkyards.
[Added 6-2-1992 by L.L. No. 5-1992]
The maintenance of a junkyard, as that term is defined in this chapter, anywhere in the Town of Schroeppel, except on industrially zoned land upon receipt of site plan approval, is expressly prohibited. Any person, firm, partnership, association, corporation, company or organization of any kind who maintains a junkyard for a period of more than seven days shall be in violation of this chapter and subject to all penalties hereinafter specified upon a determination by a court of competent jurisdiction that such a violation has occurred.
§ 95-44.2 Special Hazard Districts.
[Added 4-7-1993 by L.L. No. 1-1993]
A.
Intent.
(1)
It is the intent in S-H (Special Hazard) Districts to permit those uses enumerated and other uses which may have objectional features upon the issuance of a special use permit by the Town Board and the obtaining of site plan approval by the Planning Board.
(2)
The Town Board recognizes that the uses allowed by this section are or may be reasonably necessary to support our modern and complex society; however, these uses pose special problems, not only in their relationship to their site development, but also in relation to their location within the Town. The indiscriminate location of such uses presents the possibility of severe and adverse effects on surrounding land uses and each use presents its own special problems and requires its own special approach.
(3)
Accordingly, the Town Board, in providing for the protection of the health, welfare and morals of the citizens of the Town of Schroeppel, has established this use district in order to be able to oversee and administer each such proposed use and the parcel upon which it is proposed to be located.
B.
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
NONTOXIC RECYCLING FACILITY
A materials recycling facility which recycles materials such as post-consumer paper products, metal beverage cans, glass bottles, milk or juice cartons, cardboard or any other materials not considered to be toxic or hazardous in nature by the federal government or any of its agencies or by the Department of Environmental Conservation of the State of New York, or as defined in the definition of "toxic recycling facility."
TOXIC RECYCLING FACILITY
A materials recycling facility which recycles toxic materials, such as chemicals, nuclear products, paints, asbestos, heavy metals, petroleum products and all other materials now or hereafter considered by the federal government or any of its agencies or by the Department of Environmental Conservation of the State of New York to be hazardous waste, potential hazardous material, regionalized hazardous material or toxic in nature. It shall also include medical waste incineration facilities, soil cleaning facilities which remove chemicals, petroleum products, nuclear wastes, lead, paints or organic compounds.
C.
Lot sizes and yards. By reason of the unique nature and potential diversity of the specially permitted uses above specified, the minimum lot sizes, setbacks, parking, landscaping, buffering and site plan requirements must meet all standards set forth in the industrial districts standards as set forth in this chapter.
D.
Location with respect to other districts and areas. A S-H District shall not be allowed within or abutting an existing residential district, within 750 feet from existing residential development, regardless of such development's district classification, or within a community resource area or a significant environmental area as such areas are now or hereafter determined by the Planning Board.
E.
Environmental impact compliance. All applications for a S-H District shall be treated as Type I actions under the regulations regarding the State Environmental Quality Review Act,[1] and shall meet all of the requirements for Type I actions before receiving approval from the designated lead agency for the application.
[1]
Editor's Note: See Environmental Conservation Law § 8-0101 et seq.
F.
Conditions attached to approvals. In an effort to protect the health, welfare, safety and general aesthetics of the Town of Schroeppel, all special permits and site plan approvals granted for recycling facilities within S-H Districts may have conditions attached thereto which, in the judgment of the Town Board and/or of the Planning Board, are necessary to allow the Town to properly monitor the management of such facility and compliance with such approvals.