Seneca Falls Town, NY Zoning Ordinance

Seneca Falls Town City Zoning Code

ARTICLE VI

Special Conditions and Special Permit Uses

§ 300-45 Compliance required.

No zoning permit shall be issued for the following land uses or activities until the special conditions and special use regulations set forth in this Article VI have been complied with or a variance has been granted. See also Article IV, District Regulations, for details regarding uses in the particular districts to which special conditions apply and those that require a special use permit.

§ 300-46 Special permit uses.

Permits for special uses, as defined in § 300-6, shall be issued only upon authorization by the Zoning Board of Appeals after review by the Planning Board, provided that such uses shall be found by the Zoning Board of Appeals to comply with the following general requirements and any other applicable requirements for certain special uses and activities as set forth in this chapter:

(1)

The use shall be so designed, located and proposed to be operated that the public health, safety, welfare and convenience will be protected.

(2)

The use will not cause substantial injury to the value of other property in the neighborhood in which it is to be located.

(3)

The use will be compatible with adjoining development and the proposed character of the zone district in which it is to be located.

(4)

Adequate landscaping and screening shall be provided as required herein.

(5)

Adequate off-street parking and loading shall be provided and ingress and egress shall be so designed as to cause minimum interference with traffic on abutting streets.

(6)

The use shall conform to all applicable regulations governing the district in which it is located, except as may otherwise be set forth elsewhere in this Article VI.

An application seeking the issuance of a special use permit shall provide the following information:

(1)

The name and address of the applicant.

(2)

The name and address of the owner of the lot to be affected by such proposed change or use.

(3)

A brief description and the location of the lot to be affected by such proposed change or use.

(4)

A statement of the present zoning classification of the lot in question, the improvements thereof and the present use thereof.

(5)

An accurate description of the present improvements and the additions or changes intended to be made under this application, indicating the size of such proposed improvements, material and general construction thereof. In addition, there shall be attached a sketch plan of the real property to be affected, indicating the location and size of the lot and the size of any improvements thereon or proposed to be erected thereon.

(6)

A draft short-form environmental assessment form (EAF) pursuant to the New York State Environmental Quality Review Act (SEQRA). If, upon a review of the short-form EAF, the Town (or its attorney) determines that a full EAF is warranted, the applicant shall submit same.

§ 300-47 Farms and customary farm occupations.

No enclosed storage area for manure or other materials creating dust or odor shall be permitted within 100 feet of any street or residential property line.

§ 300-48 Essential services.

Enclosed or permanent structures. In R Districts, essential services shall be permitted with a special use permit pursuant to § 300-46 and, in addition, shall be subject to the following regulations:

(1)

Such facility shall not be located on a residential street, unless no other site is available, and shall be so located as to draw a minimum of vehicular traffic to and through such streets.

(2)

The location, design and operation of such facility shall not adversely affect the character of the surrounding residential area. The architectural design shall be harmonious with surrounding development.

(3)

Adequate fences, barriers and other safety devices shall be provided and shall be landscaped in accordance with the provisions of § 300-34.

Open services. Such uses shall be limited to the erection, construction, alteration or maintenance, by public utilities or municipal or other governmental agencies, of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communications, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signs, hydrants and other similar equipment and accessories in connection therewith reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health or safety or general welfare, but not including buildings. Where applicable, the landscaping regulations of § 300-34 shall apply.

§ 300-49 Roadside stands.

Roadside stands shall only be allowed in connection with a farm operation for the purpose of display and sale of products raised on such farm at the farm location.

All structures associated with a roadside stand, whether permanent or temporary, shall be set back at least 25 feet from the edge of the road right-of-way.

Before a roadside stand is constructed on any state road, the owner of the stand must verify the required setback with the New York State Department of Transportation.

§ 300-50 Home occupations.

A permitted home occupation may be operated only if it complies with the standards set forth in § 300-46B and the following conditions are met:

Where permitted. A permitted home occupation shall be permitted within a single-family dwelling unit or in a building accessory to such a dwelling unit.

Operator. The home occupation shall be operated by the person or persons living in the dwelling in which the home occupation is located and no more than one additional person.

Evidence of use. The outside of the building shall not display or create any evidence of the home occupation, except for one sign in accordance with § 300-54 below.

Extent of use. The home occupation shall not use more than 30% of the gross floor area of the dwelling unit, except a permitted day-care use.

Permitted uses. A home occupation shall not use more than one of the following uses, provided that such uses are clearly incidental and secondary to the use of the property by the property owner as a dwelling unit for the property owner's residential purposes. Provided that the Zoning Officer issues a permit, any of the following uses is permitted:

(1)

Medical and dental offices in accordance with provisions for off-street parking as required herein, with not more than one nonresident assistant.

(2)

Other professional offices, including lawyer, engineer, architect and realtor.

(3)

Custom dressmaking, tailoring, teaching, carpentry and computer.

(4)

An artist or musician.

(5)

Day care for not more than four children simultaneously.

(6)

Beauty and barber shops.

(7)

Craft shops for crafts made in the home.

(8)

Ceramic shops for ceramics made in the home.

(9)

Dog and cat grooming shops.

There shall be adequate parking for the intended use.

Permits.

(1)

The Zoning Officer is hereby empowered to issue a revocable permit for any occupation to be pursued in a home upon a finding by the Zoning Officer that Subsections A through F above will be complied with and, further, that said occupation will have no measurable impact on off-street parking or traffic flow in the neighborhood.

(2)

Upon the Zoning Officer receiving a written complaint from two or more owners of separate parcels situated within a five-hundred-foot distance of the home occupation, the Zoning Officer shall schedule a revocation hearing, pursuant to the method contained in § 300-119 of this chapter.

(3)

Application to operate a home occupation shall be made to the Zoning Officer in writing and shall be accompanied by an application fee as set from time to time by resolution of the Town Board.

§ 300-51 Outdoor recreation facilities.

Outdoor recreation facility uses shall include miniature golf, ice skating rinks and tennis courts, but not race tracks or go-cart tracks.

In any district in which they are permitted, retail sales which are clearly secondary to the principal use are permissible.

Such facilities shall be located not less than 50 feet from any property line and shall be effectively screened from adjoining residential uses in accordance with the provisions in § 300-34.

Illuminated signs and other lights shall be directed away or shielded from adjoining residential properties in such a way as not to disturb the occupants thereof.

No public address system shall be permitted except where such system is inaudible at any property line.

Unenclosed recreational facilities shall be located not less than 25 feet from any property line except where greater distances are otherwise required herein and shall be effectively screened from adjoining residential uses in accordance with the provisions of § 300-34.

§ 300-52 Amusement centers, bowling alleys and enclosed places of amusement.

Amusement centers, bowling alleys and similar places of amusement shall be conducted entirely within an enclosed structure.

Off-street parking areas shall be screened from preexisting adjoining residential properties in accordance with § 300-34.

A principal structure shall be not less than 50 feet from any property line.

§ 300-53 Drive-in eating and drinking establishments.

Buildings in which persons are served in automobiles shall be not closer than 200 feet to an R District and shall provide ingress and egress so as to minimize traffic congestion. The number and location of curb cuts shall be subject to the approval of the Town Board based upon a review and recommendation of the Planning Board and Highway Superintendent.

§ 300-54 Signs.

[Amended 9-3-2019 by L.L. No. 3-2019; 11-1-2022 by L.L. No. 4-2022]

Signs may be erected and maintained only when in compliance with the following provisions:

Terms defined. As used in this chapter, unless otherwise expressly stated, the following terms shall have the meanings indicated.

ACCESSORY SIGN

Any sign related to a business or profession conducted, or to a commodity or service sold or offered, upon the premises where such a sign is located.

BILLBOARD

See "nonaccessory sign."

COMMERCIAL SPEECH SIGN

Any sign that identifies, promotes, or pertains to:

(1)

A commercial enterprise, operation, or activity; or

(2)

A product, commodity, good, or service offered by or in the course of a commercial enterprise, operation, or activity.

ELECTION SIGN

Any sign which by its content promotes or supports or opposes a candidate or candidates for any public office or which advocates a position on upcoming ballot proposition(s). Election signs shall fall under the provisions of temporary signs.

ERECT

To build, construct, alter repair, display, relocate, attach, hang, place, suspend, affix or maintain any sign, including the painting of exterior wall signs.

GARAGE SALE

The sale of used household goods, clothing and equipment of the homeowner or tenant of a residential property, from such property. Said signs are to be removed immediately after the garage sale.

GROUND OF FREESTANDING SIGN

A single or multifaced sign affixed to a supporting structure that is embedded in and extending from the ground. Any support structure shall be included in sign area to the extent that it is larger than that necessary to support the sign.

ILLUMINATED SIGN

Any sign illuminated by electricity, gas or other artificial light, including reflective, projected, incandescent, phosphorescent or neon light, either interior or exterior, direct or indirect.

MUNICIPAL SIGN

Any sign erected or maintained pursuant to and in discharge of any governmental function or required by any law, ordinance or governmental regulation; any sign erected or maintained by the Town of Seneca Falls in furtherance of the public health, welfare or safety.

NONACCESSORY SIGN

Any sign or billboard related to a business or profession conducted, or to a commodity or service sold or offered, upon premises other than where such sign is located.

NONCOMMERCIAL SPEECH SIGN

Any sign that is not a commercial speech sign.

PROJECTING SIGN

Any sign which projects from the exterior of any building.

TEMPORARY DEVELOPMENT SIGN

A sign related to residential, commercial or industrial construction activities.

TEMPORARY SIGN

A sign related to a single activity or event having a duration of no more than 30 days.

Exempt signs. The following types of signs are exempt from the provisions of this section, and are permitted in all zone districts:

(1)

Historical markers, tablets and statues, memorial signs and plaques; names of buildings and dates of erection when cut into any masonry surface or when constructed of bronze, stainless steel or similar material; and emblems installed by governmental agencies, religious or nonprofit organizations.

(2)

Flags and insignia of any government.

(3)

On-premises directional signs for the convenience of the general public, identifying public parking areas, fire zones, entrances and exits, and similar signs.

(4)

Nonilluminated warning, private drive, posted or "no trespassing" signs, not exceeding two square feet per face.

(5)

On-premises sign, either freestanding or attached, in connection with any residential building in any district, for permitted professional offices or home occupations. Such sign shall state the name and vocation only.

(6)

Number and nameplates identifying residences, mounted on the house, apartment or mailbox, not exceeding one square foot in area.

(7)

Lawn signs identifying residences, not exceeding one square foot per face. Such signs are to be nonilluminated except by a light which is an integral part of a lamppost if used as a support, with no advertising message thereon.

(8)

Integral graphics or attached price signs on gasoline pumps at automotive service stations.

(9)

Seasonal and holiday decorations, including lighting.

(10)

Murals or similar designs, images, or expressions on the exterior of a building, generally for the purpose of decoration or artistic expression, including, but not limited to, paintings, markings, and etchings, and does not include any on- or off-site advertisement for a commercial, industrial or other nonmunicipal entity, person or corporation.

(11)

In addition to the foregoing, two signs per parcel with a maximum combined area of all signs shall not exceed a total of fifteen square feet for both signs. In the case of a two-sided sign on which each side is identical, only one side will be counted in the combined area.

Temporary signs.

(1)

Temporary signs may not be erected in any public right-of-way or on public property, including on trees, fences, utility poles, bridges, fire hydrants or traffic signs located on such public right-of-way or public property.

(2)

The owner and/or occupant of the property on which such signs are erected and/or displayed shall consent to the erection of such signs and shall be responsible for their removal.

(3)

Temporary signs allowed by this section specifically do not include signs for the sale of goods or merchandise of any business.

(4)

Temporary signs may not be illuminated.

(5)

In residential districts, the amount of temporary signage that may be erected per lot at any time shall not exceed three signs. No one sign shall exceed eight square feet, and the total signage shall not exceed 32 square feet.

(6)

In nonresidential districts, the amount of temporary signage that may be erected per lot at any time shall not exceed three signs. One sign may be up to 12 square feet. All remaining signs shall not exceed eight square feet, each, and the total signage shall not exceed 32 square feet.

(7)

Temporary signs relating to an event shall be removed by the owner or occupant of the property no later than four days thereafter.

(8)

Examples of temporary signs include elections signs, garage sale signs, etc.

Signs in residential districts. In addition to exempt signs under Subsection B and temporary signs under Subsection C, the following types of nonilluminated signs are permitted in all R Districts:

(1)

Institutional signs on a school, church or other institution permitted in a R District, not larger than 20 square feet in area.

(2)

Temporary development signs. Such signs must be removed within 60 days after the development is occupied.

Signs in commercial and manufacturing districts. In addition to exempt signs under Subsection B and temporary signs under Subsection C, business and advertising signs are permitted in commercial and manufacturing districts as follows:

(1)

Such signs shall be located on the same premises as the land use or activity they advertise or identify. Signage will be limited to commercial speech signs. Noncommercial speech signs are not permitted in these districts.

(2)

Such signs shall not exceed three in number for each property.

(3)

The maximum combined area shall not exceed 300 square feet. In the case of a two-sided sign on which each side is identical, only one side will be counted in the combined area.

(4)

Such signs shall not be located on a public right-of-way.

(5)

Such signs shall not be higher than the height limit in the district in which such sign is located, nor shall any sign be located upon the roof of any building.

(6)

Lighted signs shall not be flashing.

(7)

The following standards shall guide the regulation of all window signs located in these districts:

(a)

Window signs shall cover no more than 25% of the total window area. In addition, window signs shall not exceed five square feet per window space.

(b)

Each tenant may have two window signs. In no event, however, shall a window sign be permitted where there is a building-mounted identification sign.

(c)

A window space is considered to be the total area of any single window pane or series of window panes with a width of 12 inches or less separated by mullions.

Outdoor advertising signs (billboards) shall be permitted only in the M-1 and C-2 Districts as follows:

(1)

Such signs will be given a temporary permit only. If they are not maintained in good condition, the temporary permit may be withdrawn by the Town Board and the owner so notified. Such signs will then be removed by their owner or, after 30 days, removed by the Town at the owner's expense.

(2)

The maximum area of a single sign shall not exceed 300 square feet.

(3)

All freestanding signs shall conform to the minimum yard requirements of the district in which they are located.

(4)

No sign shall be permitted within 200 feet of any property in an R District, nor shall any sign be permitted within 200 feet of a public or parochial school, library, church, hospital or similar institutional use.

(5)

Signs fronting on a public way shall be no closer to one another than 500 feet.

(6)

No signs, including portable signs and signs affixed to any nondisabled vehicle or trailer placed at a location for advertising purposes which remain on the lot for more than 24 consecutive hours, shall be permitted within 660 feet of the right-of-way of a federally aided primary highway.

(7)

Digital signs shall conform to all NYS DOT requirements for commercial electronic variable message signs (CEVMS) and all future regulations.

(8)

Outdoor advertising billboard signs shall be considered a separate land use activity from any other use of the parcel on which it is located.

Home occupation signs. One nonanimated, nonilluminated yard or window sign having an area of not more than two square feet (12 inches by 24 inches) shall be permitted on each street front of the lot on which the building containing the permitted home occupation is situated.

No trailer or mobile unit shall be placed in an R-1 Zone for advertisement purposes. No signage placed upon such trailer or mobile unit shall be allowed.

General regulations. The following regulations shall apply to all permitted sign uses, including exempt and temporary signs, unless specifically modified by Subsections A through E above:

(1)

Signs must be constructed of durable materials and maintained in good condition. If a sign becomes dilapidated, then the sign's owner shall repair or remove such sign within 30 days of receipt of a notice from the Zoning Officer. Upon the owner's failure to repair or remove the sign, the Town Board may, after a public hearing upon written notice to the owner of its intent to do so, adopt a resolution ordering removal of the sign and assessing the cost of such removal as a charge on the property.

(2)

Signs, other than an official traffic sign, shall not be erected within the right-of-way lines of any street.

(3)

A permit shall not be required for the erection, alteration or maintenance of any signs permitted in an R District.

(4)

A permit shall be required for the erection, alteration or reconstruction of any business or advertising sign.

(5)

All temporary signs erected for a special event shall be removed by the property owner or the individual requesting the placement of such signs when the circumstances leading to their erection no longer apply.

(6)

A permit shall be required for the erection of any business or advertising sign at a cost to be set from time to time by resolution of the Town Board.

(7)

At all street intersections, no obstructions to vision (other than an existing building or pole) exceeding 30 inches in height above the established grade of the street at the property line shall be erected or maintained on any lot within the triangle formed by the street lot lines and a line drawn between the points along such street lot lines 30 feet distant from their point of intersection.

Signs in Historic District. Signs in the Historic District, other than temporary signs, shall be subject to the regulations of the Historic District Commission.

§ 300-55 Motels.

Each rental unit in a motel shall have a minimum area of 150 square feet of space, exclusive of bathroom facilities.

Each rentable unit in a motel shall include a minimum of one bedroom and a shower or bathroom with toilet.

Illuminated signs and other lights shall be directed away from or shielded from adjoining residential properties and highways in such a way as not to disturb the occupants thereof.

§ 300-56 Off-street parking and loading.

[Amended 12-1-2020 by L.L. No. 7-2020]

Applicability. Whenever a building or structure is erected or converted in any district, except the C-1 Local Shopping District, involving manufacturing, business, institutional, recreational, residential or other use, off-street parking shall be provided in accordance with the requirements below. Provision of such off-street parking shall be a condition of any permit issued by the Zoning Officer.

Size and access. Each off-street parking space shall have an area of not less than 180 square feet, exclusive of access drives or aisles, and shall be of usable shape and condition. Except in the case of dwellings, no parking area provided hereunder shall be established for fewer than two spaces.

Schedule of parking requirements. Off-street parking shall be provided as shown in the following table. All square foot measurements refer to gross floor area unless specified otherwise. Mixed-use buildings shall be required to have, as a minimum, the aggregate number of spaces required for each distinct unit according to use.

Land Use or Activity	Minimum Number of Parking Spaces Required
1- and 2-family dwelling unit, for each dwelling unit	1
Multiple dwelling units, for each dwelling unit	1
Conversion to multiple dwelling, for each dwelling unit	1
Individual mobile home	1
Boardinghouse and rooming house, for each dwelling	1
Bed-and-breakfast, for each lodging unit, in addition to existing spaces required for dwelling	1
Hotels and motels, for each unit	1
Church, assembly hall, sports area or similar place of public assembly, for each 4 persons to be accommodated in largest meeting space	1
School:
For each teaching station	1
Plus, for visitors	10
Public building or social organization
For each 200 square feet of gross floor area	1
Plus, for each 5 occupants, average	1
Medical or dental clinic or office, for each doctor or dentist	4
Office, general, for each 600 square feet of floor area	1
Retail store, store group, shop, supermarket, or shopping center, etc.:
For each 1,000 square feet of gross leasable area	3
Restaurant, bar, nightclub, or drive-through:
For each 200 square feet of gross floor area	1
Manufacturing, research or testing laboratories, for each 500 square feet of gross floor area or for each 2 employees, whichever is greater	1
Wholesaling or warehouse, for each employee on the largest shift	1

Appropriate use. No required off-street parking space shall be used for storage, servicing or dismantling of automobiles or other vehicles.

Landscaping. Parking lots for more than 10 cars shall be provided with landscaped areas equal to an aggregate minimum of 5% of the total paved area of the parking lot. Landscaping plans for such areas shall be shown when a zoning permit is applied for.

Arrangement of parking space.

(1)

No off-street parking space shall be used or designed, arranged, or constructed to be used in a manner that will obstruct or interfere with the free use of any street, alley, driveway or adjoining property.

(2)

No permanent parking shall take place, nor shall any excavation take place, between the sidewalk and curb, nor shall any like improvement be made within the right-of-way of a Town street for the purpose of complying with the provisions of this section.

Construction of parking space. The parking spaces, along with their necessary access roads and driveways, shall be constructed with an adequate base of crusher-run stone, paved with approved topping material to eliminate dust and mud problems and provided with adequate drainage to eliminate water pockets and prevent early deterioration of the paving itself. Plans for such parking facilities shall be reviewed by the Planning Board. If satisfactory, the Zoning Officer will issue the necessary construction permit.

Maintenance of parking areas. All parking areas, shall be kept free of obstructions, trash and other unsightly material and bare earth.

Off-street loading.

(1)

Any building in any district which is to be occupied and used by manufacturing or commercial uses or other uses requiring the receipt or distribution by vehicles of material or merchandise and which has a gross floor area of 4,000 square feet or more shall be provided with a minimum of off-street loading space as follows:

(a)

For building with gross floor space between 4,000 square feet and 50,000 square feet, one space.

(b)

For each additional 100,000 square feet of gross floor space or major fraction thereof, one space.

(2)

The loading berth required in each instance shall be not less than 12 feet in width, 60 feet in length and 14 feet in height and may occupy all or any part of any required yard.

§ 300-57 Parking and storage of recreational vehicles, trailers and boats.

The following restrictions apply in any residential district in the Town:

No automobile, trailer, house trailer, camper, van, truck, pickup truck, recreational vehicle, boat, portable storage container or other mobile equipment (whether or not motorized and regardless of registration) may be parked or stored:

(1)

Upon the front yard lawn area or street side yard of any corner lot. All such vehicles located in the front of a residence must be parked inside a garage. In any case, no vehicle with a gross vehicle weight in excess of six tons may be parked or stored in a residential district.

(2)

Closer than five feet to any side or rear lot line or 10 feet to the lot line if a corner lot.

No stored or parked recreational vehicle shall be occupied or used for human habitation, including but not limited to sleeping, eating or resting.

No recreational vehicle, as defined herein, or unmounted boat or snowmobile shall be stored or parked in any front driveway or front yard in a residential zone. It may, however, be stored or parked in the rear of such lot or parcel of property in the residential zone but in no event closer than five feet to any building or structure or to any lot or parcel or property line.

No vehicle bearing a taxi, trailer, tractor-trailer, bus, school bus, livery or camper registration, or used for any of such purposes, shall be parked on or in any road, driveway or parking area, except:

(1)

Such vehicles may stand for a period up to 1/2 hour.

(2)

Such vehicles or vans may park in the driveway of a residential unit during such periods of time as the operator thereof is engaged in performing repairs or maintenance at said unit.

Travel trailers and boats.

(1)

A travel trailer or boat may be parked in the rear yard of any residential lot behind the rear house foundation.

(2)

No more than one travel trailer or boat may be parked on any residential lot.

(3)

No travel trailer or boat may be parked closer than five feet to any lot line.

(4)

No travel trailer may be used as living or sleeping quarters within the Town.

(5)

Travel trailers may only be parked as described above if they have a current license and are no longer than 28 feet.

Exception. Within the Town limits outside of the limits of the former Village of Seneca Falls boundary, an automobile, trailer, house trailer, camper, van, truck, pickup truck, recreational vehicle, boat, portable storage container or other mobile equipment taking up less than 10% of the established driveway may be parked or stored in the driveway.

§ 300-58 Manufacture, assembly or research.

Manufacture, assembly or research operations must be able to meet the performance standards set forth in § 300-26.

§ 300-59 Recreational vehicle parks or campgrounds.

Permit required. No person who is the owner of any land within the Town of Seneca Falls shall use or allow the use of such land for a recreational vehicle park or campground unless a zoning permit and certificate of zoning compliance and an annual operating permit have been obtained as provided in this chapter.

Application for permit.

(1)

An application for a zoning permit and a certificate of zoning compliance for a recreational vehicle park or campground shall be filed with the Zoning Officer as required in Article X of this chapter. In addition, an application shall be made for an annual operating permit for an additional annual fee as set by the Town Board of the Town of Seneca Falls. The operating permit issued shall be for a period of one year and must be renewed annually. The application for an operating permit or the renewal thereof shall be made on forms prescribed by the Town of Seneca Falls and shall include the name and address of the owner of the property, if different from the applicant.

(2)

Each operating permit or renewal thereof shall expire on the 31st day of December following the issuance thereof. If the original operating permit is granted on or after July 1, the applicant shall be required to pay 1/2 the annual operating permit fee for the period expiring December 31.

(3)

Before a zoning permit may be issued by the Town Zoning Officer, there must be approval by a majority of the Planning Board of the Town of Seneca Falls, after a public hearing. Building and site plans must be in compliance with all the provisions of this chapter and all other applicable ordinances of the Town of Seneca Falls. All water and sewage system plans must be approved by the Seneca County Health Department.

(4)

Any applicant for a recreational vehicle park or campground zoning permit shall state that he or she, as owner or operator, shall be responsible for the proper maintenance and upkeep of the proposed park and shall further submit a park plan containing but not limited to the following information:

(a)

The boundaries and areas of the plot.

(b)

The entrances, exits, roadways and walkways.

(c)

The layout of lots.

(d)

The perimeter planting of trees and shrubs to provide a screen for adjoining highways and adjacent property.

(e)

The number and location of service buildings and the number of facilities therein.

(f)

The plan of the sewer system and disposal arrangements.

(g)

The method and plan of garbage and refuse disposal, including recycling.

(h)

The water supply.

(i)

The electric power distribution and general lighting.

(j)

The means of providing for surface water runoff.

(k)

The owner's and operator's name, address and telephone numbers.

(l)

Certificates of approval from the Seneca County Health Department.

(m)

A list of the owner's campground regulations.

(n)

The telephone available to the public.

Park requirements.

(1)

The minimum tract size shall be 20 acres. Such tract shall have at least 50 feet of frontage on a public street, with access considered adequate by the appropriate highway authority and the Town Planning Board.

(2)

A front setback of 100 feet and a side and rear yard setback of 20 feet shall be maintained from the right-of-way line of any public road bordering the tract and property lines of properties adjoining any recreational vehicle in the park.

(3)

All interior two-way roads shall be 20 feet wide, and one-way roads shall be 12 feet wide.

(4)

Entrances and exits shall be located to provide a minimum sight distance on the adjacent public road in both directions from the interior road of not less than 300 feet at a point not less than 10 feet from the intersection.

(5)

The recreational vehicle park shall set aside a portion of the total acreage as open space and recreation area, including but not limited to one active recreation area, which shall be easily accessible from all camping spaces. The size of such active recreation area shall be not less than 5% of the gross site area or two acres, whichever is greater.

(6)

It is recommended that consideration in each instance be given to the construction of all utilities underground.

(7)

Auxiliary parking areas are to be provided for parking trucks, maintenance equipment, boat trailers, utility trailers, incapacitated or unregistered vehicles and similar such equipment and vehicles. Such areas are to be a minimum of 200 feet from the boundary of any public highway and a minimum of 50 feet from any lot line.

(8)

Recreational vehicle sales. No lot or plot for the display of recreational vehicles for sale or rent or for the conduct of a sales agency for recreational vehicles shall be permitted within any recreational vehicle park or campground.

(9)

Conditions of soil and topography shall be suitable for the use, and surface drainage shall be provided to prevent accumulation of surface water.

(10)

The density shall not exceed 20 self-contained recreational vehicle lots per acre of the area assigned to them.

Water supply. An adequate, safe and potable water supply shall be provided in the park. When such public supply is not available, a private water supply system may be developed and used as approved by the Seneca County Health Department.

Service buildings. Service buildings housing sanitation, laundry or other facilities shall be permanent structures complying with the New York State Uniform Fire Prevention and Building Code, New York State Sanitary Code and any other applicable ordinances and statutes regulating buildings, electrical installations and plumbing and sanitation systems.

Refuse disposal. Ample garbage cans with tight-fitting covers shall be provided. The cans shall be kept in a sanitary condition at all times. It shall be the responsibility of the park operator to ensure that the garbage and refuse shall be collected and properly disposed of outside the park as frequently as may be necessary to ensure that garbage cans do not overflow. In addition, adequate containers shall be provided for recyclable materials collected in the area.

Lot requirements. Each lot shall face on an interior street.

Maintenance.

(1)

The entire park shall be policed to preclude the accumulation of litter, trash, discarded items or other debris.

(2)

Provision shall be made for the regular and continuing maintenance of the landscaping which was required as a condition of initial approval and of all portions of lots and other areas within the park which are not surfaced, covered by buildings or otherwise improved.

Supervision. The operator of the park or a duly authorized attendant shall be in responsible charge at all times to keep the park, its facilities and equipment in a clean, orderly and sanitary condition. The attendant shall be answerable, with the permittee, for any violation of this chapter to which the permittee is subject.

Inspection. Upon the construction of a new recreational vehicle park or campground, the Zoning Officer shall make inspections of the premises to determine that all requirements of this chapter have been met. Prior to issuing any annual permit, the applicant shall have any private water or sewerage systems inspected by the Seneca County Health Department and all buildings inspected by the Seneca County Building Code Enforcement Officer for proper maintenance under the New York State Uniform Fire Prevention and Building Code.

Length of stay. Camping space may be rented by the day, week or season or may be leased. The occupant of a camping space may remain in the same camping area in permanent residence for not more than five consecutive months.

Revocation or suspension of operating permits.

(1)

The Town Zoning Officer shall have the authority to enter and inspect any recreational vehicle park or campground at any time for purposes of health, safety and sanitation.

(2)

If, upon inspection by the Zoning Officer, it shall be found that the operator has violated any provisions of this chapter, the Planning Board shall have the power to revoke or suspend the permit and order the recreational vehicles removed or the recreational vehicle park or campground closed after notice and an opportunity for the owner/operator to be heard.

§ 300-60 Multiple dwellings and conversions.

Multiple dwellings. Applications for multiple dwellings shall require the submission of a site development plan to the Planning Board showing all structures, roadways, pathways, parking areas, recreation areas, utility and exterior lighting installations and landscaping on the site, all existing structures and usages within 200 feet of the site boundaries and any other elements as may be deemed essential by the Planning Board.

(1)

In its review of the site plan, the Planning Board shall make findings with respect to the following:

(a)

Traffic access. 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.

(b)

Circulation and parking. The interior circulation system is adequate and all required parking spaces are provided and are easily accessible. No driveway or parking lot should be closer than 25 feet to the front of any building nor 10 feet to the side or rear of any building. In the case of an enclosed garage or carport provided as a part of the primary structure, the distance requirements for driveways providing access to these accommodations shall not apply.

(c)

Recreation and open space. An area is provided on the site or public space is located within 1,000 feet of such development which is devoted to the joint recreational use of the residents thereof. Such recreation space shall consist of not less than 400 square feet of space per dwelling unit. Each such recreation space shall be developed with passive and active recreation facilities. Responsibility for the maintenance and upkeep of recreation areas and open space shall be adequately provided for.

(d)

Arrangement of buildings. Adequate provision has been made for light, air, access and privacy in the arrangement of the buildings to each other. Each dwelling unit shall have a minimum of two exterior exposures. The front or rear of any building shall be no closer than 40 feet to the front or rear of another building. The side of any building shall be no closer than 30 feet to the side, front or rear of any other building.

(e)

Proper landscaping. The proposed site is properly landscaped, the purpose of which is to further enhance the natural qualities of the land. Trees and shrubs shall be provided along all walks and streets around recreation areas and along the outer property line of the site. Where adjacent land use dictates, proper screening and buffer zones may be required.

(f)

Laundry facilities. Laundry facilities, including washing machines and clothes dryers, shall be available on the premises for use by all occupants of the premises. Exterior clothes lines shall not be permitted.

(2)

No certificate of zoning compliance shall be issued for any such building or buildings unless the same conform in all respects to such site plans and unless all facilities included in the site plans have been installed in accordance therewith.

Conversions. Conversions to multiple dwellings shall be permitted in accordance with the following provisions:

(1)

There shall not be a greater density than is normally permitted in the district in which the conversion property is located.

(2)

Such conversions may be permitted on lots of not less than the minimum required for the district in which situated.

(3)

Off-street parking shall be provided as set forth in § 300-56.

(4)

All provisions of the State Multiple Residence Law are met.

§ 300-61 Determination of number of dwelling units.

In the event there is a need to establish that a particular property is a one-family dwelling and not a two-family or multiple dwelling and the building contains separate areas, each of which meets the technical definition of a dwelling unit, the following procedures shall be followed:

(1)

Any evidence of a kitchen facility (e.g., sink, stove, or refrigerator) or, in the alternative, any evidence of a bathroom (e.g., toilet, tub, shower or sink) shall be removed from the area under consideration so that there would no longer be complete living facilities for one family.

(2)

The Zoning Officer may inspect the premises to confirm such removal.

(3)

The owner of the property shall sign an affidavit and certification in form satisfactory to the Zoning Officer to the effect that:

(a)

The facilities referred to above have been removed;

(b)

Said facilities will not be reinstalled without seeking a zoning permit or other approval from the Zoning Officer; and

(c)

The area from which the facilities were removed will not be used as a separate dwelling unit until the Zoning Officer is notified and any required approvals, permits or other certificates, including a certificate of zoning compliance, are obtained from the Zoning Officer.

(4)

Such affidavit shall be recorded, at the expense of the homeowner, in the County Clerk's office and indexed against the name of the then owner of the property.

The Zoning Officer shall have discretion to deviate in whole or in part from the procedure set forth above in those circumstances where the Zoning Officer is satisfied that the objectives sought to be obtained by the foregoing procedures and compliance with this chapter may be assured in some other manner.

§ 300-62 Mobile home parks.

Conditions. A mobile home park will be permitted in the Town of Seneca Falls only with a special use permit granted pursuant to § 300-46 and under the following conditions:

(1)

Such mobile home park is to be located in an A-1, A-2 or MP District.

(2)

The Zoning Board of Appeals has authorized the issuance of a special use permit in accordance with § 300-46B of this chapter. In reviewing the request for such a special use permit, the Zoning Board of Appeals shall determine that the provisions of Subsection E have been complied with.

Permit application. Two copies of a written application for a permit will be filed with the Town Clerk and will include the following:

(1)

The name and address of the applicant.

(2)

The name and address of the owner of the land upon which the park is to be located.

(3)

A survey map showing how the park relates to the existing road system.

(4)

A plan of the park showing how the overall design is in accordance with the provisions of Subsection E of this section.

(5)

Provisions for water supply and sewage disposal, including a statement of requirements from the Seneca County Health Department if public water and sewage disposal systems are not to be provided.

(6)

The topography and soils of the site, including all areas which are wet or subject to flooding. Topography maps from the County Planning Department shall be adequate.

(7)

The proposed cross-section design of park roadways.

(8)

A statement of all rules, regulations, restrictions and covenants applying in the park, including entrance requirements, management and tenant responsibilities, entrance or exit fees, utility connection fees and security deposits.

(9)

Any additional information which the developer feels will help the Zoning Board of Appeals in its review of the proposed park.

(10)

(11)

An application fee as set from time to time by resolution of the Town Board.

Procedure.

(1)

The Town Clerk shall refer one copy of the application to the Planning Board for site plan review. Planning Board comments shall be available at a public hearing on the proposed mobile home park to be held by the Zoning Board of Appeals. The Zoning Board of Appeals shall conditionally approve or disapprove the application within 62 days from the public hearing.

(2)

Upon conditional approval of the application by the Zoning Board of Appeals, the applicant shall proceed with final plans, incorporating any conditions attached to said conditional approval.

(3)

Final site plans for the proposed mobile home park, or a portion of it if construction is to be staged, shall be submitted to the Planning Board for approval within one year from the date of conditional approval by the Zoning Board of Appeals or such conditional approval may be withdrawn by the Zoning Board of Appeals.

(4)

Upon final site plan approval by the Planning Board, a zoning permit for construction shall be issued by the Zoning Officer.

(5)

When construction is completed in accordance with the final plan as approved by the Planning Board, a certificate of zoning compliance shall be issued by the Zoning Officer.

Renewal of operating permit. Renewal of the mobile home park operating permit shall be applied for every year on January 1. Application for renewal shall be filed with the Town Clerk, accompanied by an application fee as set from time to time by resolution of the Town Board. The Town Clerk shall renew the operating permit only if the Zoning Officer has certified, in writing, that no violations of this chapter or the conditions of the zoning permit have been found. If such violations or unapproved changes have occurred, the operating permit will not be renewed until said mobile home park has been brought into compliance. In such case, the Zoning Officer shall serve an order upon the holder of the operating permit in accordance with the provisions of Subsection G of this section.

Environmental standards.

(1)

Density and lot size. The density of development in a mobile home park shall not exceed five units per gross acre. Mobile home lots shall have a minimum area of 8,000 square feet and a minimum width of 55 feet.

(2)

Separation. Mobile home units may be positioned in a variety of ways within parks, provided that a separation of at least 30 feet is maintained between units.

(3)

Setback. No mobile home shall be located less than 25 feet from the pavement edge of a private street or 15 feet from the right-of-way of any public street within the mobile home park. A minimum of 25 feet shall be maintained between mobile home units and all park boundary lines except that at least 50 feet shall be maintained between all units and any park boundary abutting an existing public road or highway.

(4)

Road layout and construction. A drawing of the proposed park layout, showing connections to be made to existing roads, shall be included as part of the mobile home park plans. Variety and visual interest in the road layout should be provided, avoiding long straight stretches and gridiron systems when possible. The paved surface of all roads within a mobile home park shall be at least 20 feet wide, and construction specifications shall be approved by the Town Highway Superintendent.

(5)

Parking.

(a)

Two off-street parking spaces shall be provided for each mobile home site. Such spaces may be located on individual lots or grouped to serve two or more mobile home sites. Off-street parking spaces shall be constructed of at least a four-inch gravel base with a one-inch hard surface material.

(b)

A supplemental parking area shall be provided for the storage or temporary parking of travel trailers, campers, boats, snowmobiles or similar auxiliary vehicles.

(6)

Recreation and open space. Usable and easily accessible recreation areas shall be provided for park occupants. At least 400 square feet of open space per mobile home unit shall be included in the plan, with a total minimum requirement of 10,000 square feet. Part or all of such open space shall be in the form of developed recreation areas located, designed and developed so as to be used for active recreation purposes.

(7)

Mobile home stand. Each mobile home site shall be provided with a stand of concrete or compacted gravel, which will give a firm base and adequate support for the mobile home. Such stand shall have a dimension approximating the width and length of the home and any expansions thereof or extensions thereto. Well-anchored tie-downs shall be provided at least on each corner of the stand.

(8)

Patio. Each mobile home site shall be provided with a concrete patio with a minimum width of 10 feet and a total area of at least 120 square feet.

(9)

Walkways. Each mobile home site shall be provided with a walkway from the stand or patio to the street or to a driveway or parking area connecting to the street. Such walkway shall be at least two feet wide and four inches deep, constructed with a crushed-stone base and a hard surface.

(10)

Landscaping. Exposed ground surfaces in all parts of a mobile home park shall be paved and surfaced with crushed stone or other solid material or protected with grass or plant material to prevent erosion and reduce dust. At least one suitable tree shall be planted on each mobile home lot if no such tree already exists. Planted trees shall have a caliper of at least two inches three feet above the ground.

(11)

Mobile home installation. At the time of installation of the mobile home, the tires and wheels and the hitch shall be removed and the unit shall be securely blocked, leveled, tied down and connected to the required utility systems and support services. The mobile home shall be completely skirted with masonry block prior to occupancy. No exposed wallboard, building paper or similar unfinished material will be permitted.

(12)

Water supply. If a public water system is within 500 feet, the mobile home park must be hooked to such system. When a public water supply is not available, an approved private supply and system shall be established. Private systems shall provide at least 150 gallons per unit per day and be adequate to supply at least six gallons per minute at a pressure of 20 pounds per square inch to each mobile home stand. Water connections shall follow details of the Manufactured Housing Institute.

(13)

Sewage disposal. If a public sewerage system is within 500 feet, the mobile home park must be hooked to such system. When public sewage disposal is not available, an approved private system shall be established. The design and construction of all components of such system shall be subject to the inspection and approval of the Seneca County Health Department.

(14)

Solid waste disposal. Provisions shall be made and approved for the storage, collection and disposal of solid waste in a manner that will cause no health hazards, rodent harborage, insect breeding areas, fire hazards or air pollution. Storage areas for solid waste containers shall be enclosed or otherwise screened from public view.

(15)

Lighting. Mobile home parks shall be provided with lighting sufficient to illuminate streets, driveways and walkways. Decorative lighting fixtures shall be used.

(16)

Electricity and telephone. The distribution system for electrical and telephone service shall be installed underground and shall comply with the requirements of the utility and telephone companies.

(17)

Fuel systems. Mobile home parks shall be provided with facilities for the safe storage of necessary fuels. Natural gas installations shall be planned and installed so that components and workmanship comply with the requirements of the American Gas Association, Inc. Fuel oil systems shall be designed, constructed, inspected and maintained in conformance with the provisions of the National Fire Protection Association, Standard 30. Liquefied petroleum gas systems shall be selected, installed and maintained in compliance with the requirements of the National Fire Protection Association, Standard 58.

(18)

Fire protection. If a mobile home park is located in a public water district, fire hydrants shall be installed in accordance with the requirements of the district.

(19)

Mail service. Mailbox location shall provide safe and easy access for the pickup and delivery of mail. Mailboxes grouped for cluster delivery shall be located so that stopping for pickup and delivery will not occur on the public right-of-way.

Park operation and maintenance.

(1)

Occupancy. No space shall be rented in any mobile home park for the placement and use of a mobile home for residential purposes, except for periods in excess of 60 days. No mobile home manufactured after January 15, 1974, shall be admitted to any park unless it bears the seal issued by the State of New York and required by the state code for construction and installation of mobile homes.

(2)

Responsibilities of park operator. The person to whom a permit for a mobile home park is issued shall be responsible for operation of the park in compliance with this chapter and shall provide adequate supervision to maintain the park, its common grounds, streets, facilities and equipment in good repair and in a clean and sanitary condition. The park operator shall maintain a register containing the names of all occupants and the make, year and seal serial number, if any, of each mobile home. Such register shall be available to any authorized person inspecting the park.

(3)

Responsibility of park occupants. Each park occupant shall be responsible for the maintenance of his or her mobile home and any appurtenances thereto and shall keep all yard space on his or her site in a neat and sanitary condition.

(4)

A list of owner and occupant responsibilities shall be posted in the park rental office.

Inspection and enforcement.

(1)

Inspection. It shall be the duty of the Zoning Officer to make the inspections required for annual renewal of park occupancy permits. Such inspection shall be carried out at reasonable times after prior notice to the park operator, and in emergencies whenever necessary to protect the public interest.

(2)

Upon determination by the Zoning Officer that there has been a violation of any provisions of this chapter, he or she shall serve upon the holder of the permit for such mobile home park an initial order, in writing, directing that the conditions therein specified be corrected within a time period to be specified by the Zoning Officer but in no case more than 90 days after the date of delivery of such order. The order shall also contain an outline of remedial action which, if taken, will effect compliance.

(3)

If, after the expiration of such time period, such violations are not corrected, the Zoning Officer, if so authorized by the Zoning Board of Appeals, shall serve a notice, in writing, upon such mobile home park operator requiring the holder of the park permit to appear before the Zoning Board of Appeals at a time to be specified in such notice, to show cause as to why the mobile home park certificate of zoning compliance should not be revoked. Such hearing before the Zoning Board of Appeals shall occur not less than 48 hours nor more than 10 days after the date of service of said notice by the Zoning Officer.

(4)

Within 10 days after the hearing at which the testimony of the Zoning Officer and the holder of the mobile home park certificate of zoning compliance shall be heard, the Zoning Board of Appeals shall make a determination sustaining, modifying or withdrawing the order issued by the Zoning Officer. Failure to abide by any Zoning Board of Appeals determination to sustain or modify the initial order and take corrective action accordingly shall be cause for the revocation of the certificate of zoning compliance affected by such order and determination.

Existing mobile home parks.

(1)

The owner of any mobile home park existing at the time this chapter is adopted shall apply to the Town Clerk for a certificate of zoning compliance within 12 months from the date of adoption and shall renew such certificate annually. Applications shall be accompanied by a fee as set from time to time by resolution of the Town Board. The Zoning Officer shall prepare a written notice of any violations which are found in an existing mobile home park, and such violations shall be corrected within 45 days from the date of such notice or the special use permit compliance shall be withdrawn. Upon appeal, the Town Board may grant any relief to this section that it finds to be appropriate.

(2)

No mobile home removed from a park shall be replaced unless the replacement conforms to the current requirements of this chapter.

(3)

If a park closes for more than six months, the park will be subject to the current requirements of this chapter.

§ 300-63 Mobile homes, house trailers, camping trailers and tents.

Regulations regarding mobile homes, house trailers, camping trailers and tents shall be as follows:

Restrictions on parking.

(1)

It shall be unlawful within the limits of the Town of Seneca Falls for any person to park any mobile home, house trailer or camper trailer on any street, alley, highway or other public place between the hours of 9:00 p.m. and 6:00 a.m.

(2)

No person who is the owner or user of any mobile home, house trailer, camper trailer or tent shall park or otherwise locate said trailer equipment or tent upon any premises within the Town of Seneca Falls for the purpose of using the same for living, sleeping or eating quarters, nor shall any such person use or occupy any such trailer equipment for living, sleeping or eating therein except in a duly authorized mobile home park and except as hereinafter provided.

Restrictions on use of land for mobile home parks or trailer parks. No person who is the owner or occupant of any land or premises within the Town of Seneca Falls shall use or permit the use of such land or premises for:

(1)

The establishment or maintenance of a mobile home park or trailer park except as hereinafter provided.

(2)

The parking of any mobile home, house trailer or camper trailer except as hereinafter provided.

§ 300-64 Automobile service stations.

Location of exits and entrances. No automobile service station or repair shop shall have an entrance or exit for vehicles within 200 feet, as measured along the public street, from an existing school, public playground, church, chapel, convent, hospital or public library. No entrance or exit shall be closer than 40 feet to the intersection of any two street lot lines nor greater than 30 feet in width.

Location of pumps. No pump island shall be located less than 30 feet from any property line.

Landscaping. A landscaped area 10 feet wide shall be provided along all property lines and shall be planted with trees and shrubs.

Outside storage. There shall be no outside equipment or parts storage or display of accessories or portable signs unless a service station is open for business.

§ 300-65 Extraction of stone, sand or gravel.

The extraction of stone, sand and gravel shall be in accordance with applicable statutory provisions.

§ 300-66 Adult uses.

Adult uses shall only be located in a C-2 Highway Commercial District (§ 300-19) or an M-1 Industrial District (§ 300-20), subject to the annual issuance of a special use permit (§ 300-46B), renewable as set forth herein, provided that:

(1)

An adult use may not be operated within 200 feet of a dwelling, a church or other place of worship, a nursery, elementary, secondary or vocational school, a hospital, nursing home or convalescent home, a library or museum, a cemetery, the boundary of a residential district, or a public park, playground or recreation area.

(2)

An adult use may not be operated within 200 feet of another adult use, or on the same lot or parcel of land.

(3)

An adult use may not be operated in the same building structure, or portion thereof, containing another adult use.

(4)

For the purposes of this section, measurement 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 in which an adult use is conducted, to the nearest property line of the premises of a dwelling, a church or other place of worship, a nursery, elementary, secondary, or vocational school, a hospital, nursing home or convalescent home, a library or museum, a cemetery, the boundary of a rural residential or medium-density residential district, or a public park, playground or recreation area.

(5)

For the purposes of this section, the distance between any two adult uses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.

(6)

All adult 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 see any specified anatomical area or any specified sexual activity by virtue of any display that depicts or shows that area or activity. This requirement shall apply to any display, decoration, sign, window or other opening.

Inspection requirement.

(1)

As heretofore provided, a person may operate an adult use in the Town of Seneca Falls only with a special use permit.

(2)

Prior to the commencement of any adult use or upon any transfer of ownership or control of an adult use, the premises must be inspected by the Zoning Officer and found to be in compliance with all laws, ordinances, rules and regulations applicable to the use and occupancy for an adult use and in compliance with the Seneca Falls Town Code and the New York State Uniform Fire Prevention and Building Code.

(3)

All zoning officers shall complete their certification that the premises is in compliance or not in compliance within 20 days of the inspection of the premises by such officials.

(4)

Any owner and/or operator, employee of the owner and/or operator, or agent of the owner and/or operator shall permit representatives of the Town Zoning Officer, the Seneca County Health Department, the Seneca County Sheriffs' Department, the New York State Police, the State Health Department, or any other Town, county or state department or agency that has permitting authority regarding the use of the premises to inspect the premises of an adult use for the purpose of ensuring compliance with this chapter at any time it is occupied or open for business.

The duration of any special use permit shall be for a maximum period of one year. Any special use permit for uses under this section shall expire on December 31 of each year unless stated. The special use permit shall run for the calendar year if so renewed by the Zoning Board of Appeals of the Town of Seneca Falls. An application for renewal of any permit must be made no more than 90 calendar days and no less than 60 calendar days prior to the expiration of such permit.

In addition to the other provisions of the Town Code, it shall be deemed a violation of this chapter if the owner and/or operator, an employee of the owner and/or operator or an agent of the owner and/or operator:

(1)

Has violated or is not in compliance with any section of the Town Code.

(2)

Has refused to allow any inspection of the adult use as authorized by this section.

(3)

Has had any illegal gambling take place on the adult use premises.

(4)

Has had the possession, use, or sale of a controlled substance occur on the premises.

(5)

Has had prostitution occur on the premises.

(6)

Has had any act of sexual intercourse, sodomy, oral copulation, masturbation, or other sexual conduct occur on the premises.

§ 300-67 Kennels.

Conditions. A kennel will be permitted in the Town of Seneca Falls only under the following conditions:

(1)

All animals shall be kept in clean and sanitary premises, structures or enclosures.

(2)

The ambient temperature shall be consistent with the requirements of the specific pet animals. Heating shall be deemed necessary when the inside ambient temperature of the facility falls below 50° F. for a period of four consecutive hours, and cooling shall be required when the temperature of the facility rises above 85° F.

(3)

All facilities shall be adequately ventilated with fresh or filtered air to minimize drafts, odors and moisture condensation and to provide for the health and comfort of the animals at all times. Ventilation shall be provided by either natural or mechanical means. The necessary equipment or comparable means shall be provided to exhaust the air from the animal area to the outside of the building.

(4)

Uniformly distributed natural and/or artificial lighting shall be provided to permit routine inspection and facilitate routine cleaning and the proper care and maintenance of the animals. Lighting shall be so arranged as to protect each animal from excessive illumination.

(5)

One inside pen shall be provided for each dog or cat boarded or kept.

(a)

For dogs, any inside pen shall have a minimum measurement of three feet wide by four feet in length for all dogs except for giant breeds, which inside pens will be a minimum of three feet by five feet in area size. Any pen shall be of sufficient height for the dog to stand fully erect on all four legs with at least six inches of headroom.

(b)

For cats, any inside pen shall have a minimum measurement of two feet wide by two feet in length for all cats. Any pen shall be of sufficient height for the cat to stand fully erect on all four legs with at least three inches of headroom.

(6)

For every three dog pens there shall be a minimum of one outside run. Each outside run shall:

(a)

Have a concrete base.

(b)

Be enclosed by a minimum six-foot-high chain link fence with shelter and with secure gates.

(c)

Be three feet in width and 10 feet in length. There shall be at least one run with a four-foot width and ten-foot length for a giant breed dog.

(7)

Sewage and waste shall be disposed of by connection of drains to a sanitary sewer or a state, county or locally approved sewage disposal system. Drainage systems shall be provided with backflow prevention devices on submersible inlets and hair traps, if required by law, on all plumbing lines in animal areas where hoses may be attached for cleaning of the facility.

(8)

A kennel can only be established on at least five acres of property located at least 100 yards from any adjoining property lines. A kennel cannot be established within a one-mile radius of the property boundary of any existing kennel.

Inspection requirements.

(1)

As heretofore provided, a person may operate a kennel in the Town of Seneca Falls only with a special use permit.

(2)

Prior to the commencement of any use as a kennel or upon any transfer of ownership or control of a kennel, the premises must be inspected by the Zoning Officer, together with the local dog control officer, and found to be in compliance with all laws, ordinances, rules and regulations applicable to the use and occupancy for a kennel and in compliance with the Seneca Falls Town Code, the New York State Agriculture and Markets Law, the New York State General Business Law and the Uniform Fire Prevention and Building Code.

(3)

All zoning officers shall complete their certification that the premises is in compliance or not in compliance within 20 days of the inspection of the premises by such officials.

(4)

Any owner and/or operator, employee of the owner and/or operator, or agent of the owner and/or operator shall permit representatives of the Town Zoning Officer, the Town Dog Control Officer, the Seneca County Health Department, the Seneca County Sheriffs' Department, the New York State Police, the State Health Department, or any other Town, county or state department or agency that has permitting authority regarding the use of the premises to inspect the premises of a kennel for the purpose of ensuring compliance with this chapter at any time it is occupied or open for business.

If, upon inspection as described above, it shall be found that the operator has violated any provisions of this chapter, the Zoning Board of Appeals shall have the power to revoke or suspend the permit and order the animals removed or kennels closed after notice and an opportunity for the owner/operator to be heard.

(1)

Has violated or is not in compliance with any section of the Town Code, the New York State Agriculture and Markets Law, the New York State General Business Law and/or any section of the New York State Penal Law relating to mistreatment of animals; or

(2)

Has refused to allow any inspection of the kennel as authorized by this section.

Any existing kennel shall have 90 days from the filing of this chapter with the Secretary of State within which to comply with the specifications of this section.

§ 300-68 Pet breeders.

Conditions. A pet breeder will be permitted in the Town of Seneca Falls only under the following conditions:

(1)

All animals shall be kept in clean and sanitary premises, structures or enclosures.

(2)

(3)

(4)

(5)

One inside pen shall be provided for each dog or cat boarded or kept.

(a)

For dogs, any inside pen shall have a minimum measurement of three feet wide by four feet in length for all dogs, except for giant breeds, which inside pens will be a minimum of three feet by five feet in area size. Any pen shall be of sufficient height for the dog to stand fully erect on all four legs with at least six inches of headroom.

(b)

(6)

For every three dog pens there shall be a minimum of one outside run. Each outside run shall:

(a)

Have a concrete base.

(b)

Be enclosed by a minimum six-foot-high chain link fence with shelter and with secure gates.

(c)

Be three feet in width and 10 feet in length. There shall be at least one run with four-foot width and ten-foot length for a giant breed dog.

(7)

(8)

A pet breeder can only be established on at least five acres of property located at least 100 yards from any adjoining property lines. A pet breeder cannot be established within a one-mile radius of the property boundary of any existing pet breeder.

Inspection requirement.

(1)

As heretofore provided, a person may operate as a pet breeder in the Town of Seneca Falls only with a special use permit.

(2)

Prior to the commencement of any use as a pet breeder or upon any transfer of ownership or control of a pet breeder, the premises must be inspected by the Zoning Officer, together with the local dog control officer, and found to be in compliance with all laws, ordinances, rules and regulations applicable to the use and occupancy for a pet breeder and in compliance with the Seneca Falls Town Code, the New York State Agriculture and Markets Law, the New York State General Business Law and the Uniform Fire Prevention and Building Code.

(3)

All zoning officers shall complete their certification that the premises is in compliance or not in compliance within 20 days of the inspection of the premises by such officials.

(4)

Any owner and/or operator, employee of the owner and/or operator, or agent of the owner and/or operator shall permit representatives of the Town Zoning Officer, the Town Dog Control Officer, the Seneca County Health Department, the Seneca County Sheriffs' Department, the New York State Police, the State Health Department, or any other Town, county or state department or agency that has permitting authority regarding the use of the premises to inspect the premises of a pet breeder for the purpose of ensuring compliance with this chapter at any time it is occupied or open for business.

If, upon inspection as described above, it shall be found that the operator has violated any provisions of this chapter, the Zoning Board of Appeals shall have the power to revoke or suspend the permit and order the animals removed or pet breeders closed after notice and an opportunity for the owner/operator to be heard.

(1)

(2)

Has refused to allow any inspection of the pet breeder as authorized by this chapter; or

(3)

Operates with an expired special use permit.

Any existing pet breeder shall have 90 days from the filing of this chapter with the Secretary of State within which to comply with the specifications of this section.

§ 300-69 Outdoor storage areas, including junkyards and automobile wrecking.

Regulations concerning outdoor storage areas, including junkyards and automobile wrecking, shall be as follows.

Such uses shall not be located within 200 feet from the nearest R District, and the operation thereof shall be governed by the following provisions and any other conditions as may be required by the Board to protect the public health, safety, comfort, convenience and general welfare and especially with regard to abutting properties and the occupants thereof.

Storage of flammable liquids.

(1)

The storage of alcohol, crude oil, gasoline, benzene, kerosene or any other highly flammable liquid in aboveground tanks planned for future construction is prohibited. Any existing aboveground storage tanks containing any of the above flammable liquids shall be surrounded with a diked area with a capacity equal to 1 1/2 times the total tank capacity involved.

(2)

Tanks or drums of fuel of a capacity not over 550 gallons that are directly connected to heating devices or appliances located on the same premises as the tanks or drum of fuel are excluded from this provision.

Fencing and setbacks. All outdoor storage facilities shall be enclosed by a fence or wall adequate to conceal such facilities and the contents thereof from adjacent property.

Deposit of wastes. 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.

Other hazardous materials. All 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.

§ 300-70 Junkyards.

License and certificate of approval required. No person or corporation shall operate, establish or maintain a junkyard until he, she or it shall have obtained a license to operate a junkyard business and have obtained a certificate of zoning compliance for the location of such junkyard.

Application for license and certificate of zoning compliance. Application for the license and the certificate of zoning compliance shall be made, in writing, to the Town Board. Said application shall be accompanied by a certificate from the Town Zoning Board that a proposed location is not within an established district restricted against such uses or otherwise contrary to the prohibitions of this chapter. The application shall contain a description of the land to be included within the junkyard.

Hearing. A hearing on the application shall be held within the Town of Seneca Falls not less than two weeks nor more than four weeks from the date of the receipt of the application by the Town Board. Notice of the hearing shall be given to the applicant by mail, postage prepaid, to the address given in the application and shall be published once in a newspaper having a circulation within the Town of Seneca Falls, which publication shall be not less than seven days before the date of the hearing.

License requirements. At the time and place set for the hearing, the Town Board shall hear the applicant and all other persons wishing to be heard on the application for a license to operate, establish or maintain the junkyard. In considering such application, the Town Board shall take into consideration the suitability of the applicant with reference to his or her ability to comply with the fencing requirements or other reasonable regulations governing the proposed junkyard, to any record of convictions for any type of larceny or receiving of stolen goods and to any other matter within the purpose of this section.

Location requirements. At the time and place set for the hearing, the Town Board shall hear the applicant and all other persons wishing to be heard on the application for a certificate of approval for the location of a junkyard. In passing upon the same, the Town Board shall take into account, after proof of legal ownership or right to such use of the property for the license period by the applicant, the nature and development of surrounding property, such as the proximity of churches, schools, hospitals, public buildings or other places of public gathering, and whether or not the proposed location can be reasonably protected from affecting the public health and safety by reason of offensive or unhealthy odors or smoke or of other causes.

Aesthetic considerations. At the hearing regarding location of the junkyard, the Town Board may also take into account the clean, wholesome and attractive environment which has been declared to be of vital importance to the continued general welfare of its citizens by considering whether or not the proposed location can be reasonably protected from having an unfavorable effect thereon. In this connection, the Town Board may consider collectively the type of road servicing the junkyard or from which the junkyard may be seen, the natural or artificial barriers protecting the junkyard from view, the proximity of the proposed junkyard to established residential and recreational areas or main access routes thereto, as well as the reasonable availability of other suitable sites for the junkyard.

Grant or denial of application; appeal. After the hearing, the Town Board shall, within two weeks, make a finding as to whether or not the application should be granted, giving notice of its finding to the applicant by mail, postage prepaid, to the address given on the application. If approved, the license, including a certificate of zoning compliance, shall be forthwith issued to remain in effect until the following April 1. Approval shall be personal to the applicant and not assignable. Licenses shall be renewed thereafter upon payment of the annual license fee without hearing, provided that all provisions of this section are complied with during the license period, the junkyard does not become a public nuisance under the common law and the applicant is not convicted of any type of larceny or the receiving of stolen goods. The determination of the Town Board may be reviewed under Article 78 of the Civil Practice Law and Rules.

Fees. The annual license fee shall be set from time to time by resolution of the Town Board, to be paid at the time the application is made and annually thereafter in the event of renewal. In the event that the application is not granted, the fee shall be returned to the applicant. The Town Board, in addition to the license fee, may assess the applicant with the costs of advertising such application and such other reasonable costs incident to the hearing as are clearly attributable thereto and may make the license conditional upon the payment of the same.

Fencing. A junkyard shall be completely surrounded with a fence at least eight feet in height which substantially screens the use and with a suitable gate which shall be closed and locked except during the working hours of such junkyard or when the applicant or its agent shall be within. Such fence shall be erected not nearer than 50 feet to a public highway. All motor vehicles and parts thereof stored or deposited by the applicant shall be kept within the enclosure of the junkyard except as removal shall be necessary for the transportation of the same in the reasonable course of the business. All wrecking and other work on such motor vehicles and parts and all burning of the same within the vicinity of the junkyard shall be accomplished within the enclosure.

Established junkyards. For the purpose of this section, the location of junkyards already established shall be considered approved by the Town Board of the municipality in which located and the owner thereof deemed suitable for the issuance of a license. Within 60 days from the passage of this section, however, the owner shall furnish the Town Clerk with information as to the location which is required in an application, together with the license fee, and the Town Board shall issue a license valid until the next January 1, at which time such owner may apply for renewal as herein provided. Such owner shall comply with all other provisions of this chapter, including the fencing requirements set forth in Subsection I of this section.

Proximity to public buildings. Notwithstanding any of the foregoing provisions of this section, no junkyard hereafter established shall be licensed to operate such yard or any part thereof within 500 feet of a church, school, hospital, public building or place of public assembly.

§ 300-71 Slaughterhouses.

No slaughterhouse shall be erected, used or maintained within the former Village of Seneca Falls boundary; nor shall any cattle be slaughtered within the former Village limits. Theses uses are restricted to the A-1 and A-2 Agricultural Districts.

§ 300-72 Planned unit developments.

Purpose.

(1)

The purpose of planned unit development (PUD) regulations is to encourage flexibility in the design and development of land in order to promote its most appropriate use; to facilitate the adequate and economical provision of streets, utilities and public spaces; and to preserve the natural and scenic qualities of open areas.

(2)

The PUD provisions are intended to permit diversification in the location of structures and 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.

Regulations governing planned unit developments.

(1)

Minimum area. A planned unit development shall include at least five contiguous acres of land.

(2)

Open space. A minimum of 25% of gross site area devoted to residential purposes shall be developed as public open space. Parking areas and roads shall not be considered in calculating open space.

(3)

Residential density. The overall density of any residential area should be no more than three dwelling units per gross acre of the overall area to be developed. Wetlands, steep slopes and similar land that would not normally be usable should not be included in gross acreage for the purpose of calculating residential density, at the Town Board's discretion.

(4)

Land use. Proposed land uses shall not adversely affect surrounding development and shall be in accordance with the objectives and principles of the Comprehensive Plan.

Standards for reviewing planned unit developments. In reviewing proposed planned unit developments, the Planning Board shall apply the following standards, and the Town Board shall approve such PUD only when it determines that said standards have been reasonably satisfied:

(1)

The PUD shall provide for an effective and unified treatment of the development possibilities on the project site, making appropriate provision for the preservation of scenic features and amenities of the site and the surrounding areas.

(2)

The PUD shall be planned and developed to harmonize with any existing or proposed development in the area surrounding the project site.

(3)

All buildings in the layout and design shall be an integral part of the development and have convenient access to and from adjacent uses and blocks.

(4)

Individual buildings shall be related to each other in design, mass, materials, placement and connections to provide a visually and physically integrated development.

(5)

Treatment of the sides and rear of all buildings within the PUD shall be comparable in amenity and appearance to the treatment given to street frontage of these same buildings.

(6)

The design of buildings and the parking facilities shall take advantage of the topography of the project site, where appropriate, to provide separate levels of access.

(7)

All building walls shall be so oriented as to ensure adequate light and air exposures to the rooms within.

(8)

All buildings shall be arranged so as to avoid undue exposure to concentrated loading or parking facilities, wherever possible, and shall be so oriented as to preserve visual and audible privacy between adjacent buildings.

(9)

All buildings shall be arranged so as to be accessible to emergency vehicles.

(10)

Landscape treatment for open spaces, roads, paths and service and parking areas shall be designed as an integral part of a coordinated landscape design for the entire project area.

(11)

Primary landscape treatment shall consist of shrubs, ground cover and street trees and shall combine with appropriate walks and street surfaces to provide an attractive development pattern.

(12)

Whenever appropriate, existing trees shall be conserved and integrated into the landscape design plan.

(13)

All streets bordering the project area shall be planted at appropriate intervals with street trees.

(14)

There shall be an adequate, safe and convenient arrangement of pedestrian circulation facilities, roadways, driveways, off-street parking and loading space. All such facilities shall be designed to Town specifications.

(15)

Health Department approval of utility support systems (water and sewage disposal) shall be required. Electric distribution and telephone lines shall be installed underground.

(16)

A complete storm drainage system shall be provided for the proposed PUD, which will include adequate provisions to protect the surrounding area from adverse stormwater runoff.

(17)

Landscaped, paved and comfortably graded pedestrian walks shall be provided along the lines of the most intense use, particularly from building entrances to streets, parking areas and adjacent buildings.

(18)

Materials and design of paving, lighting fixtures, retaining walls, fences, curbs, benches, etc., shall be of good appearance, easily maintained and indicative of their function.

(19)

Parking facilities shall be landscaped and screened from public view to the extent necessary to eliminate unsightliness and monotony of parked cars.

(20)

Parking facilities shall be designed with careful regard to orderly arrangement, topography, landscaping and ease of access and shall be developed as an integral part of an overall site design.

(21)

An above-grade loading facility should be screened from public view to the extent necessary to eliminate unsightliness.

Procedure for reviewing planned unit developments.

(1)

An applicant wishing approval for a PUD shall submit two copies of a request to the Town Clerk in the form of a proposal, which shall include:

(a)

A sketch plan showing existing and proposed land use and the approximate location of proposed buildings, existing topographic characteristics, approximate location of existing and proposed streets and easements and existing land uses immediately adjacent to the proposed PUD.

(b)

A written explanation of the character and purpose of the PUD, including the type and density of any housing proposed, the type and nature of any nonresidential development proposed, open space to be provided, the water and sewage disposal and stormwater drainage system proposed, a general statement of proposed financing and an indication of the expected timetable for development.

(c)

(2)

The Town Clerk shall immediately transmit one copy of the request to the Town Board and one to the Planning Board. The Planning Board shall hold a conference with the applicant to jointly review the proposed PUD and consider the conditions and specifications upon which a Planning Board recommendation for approval would be forthcoming.

(3)

The Planning Board shall forward to the Town Board its recommendation on the proposed PUD, including any conditions and specifications related to such recommendation.

(4)

Within 62 days after receipt of the Planning Board's report and recommendation, the Town Board shall hold a public hearing on the proposal and shall act to approve, conditionally approve or disapprove the proposed PUD within 10 days from the date of such public hearing. Approval or conditional approval shall be authorization for the Zoning Officer to issue a zoning permit. The Town Board may require additional, more detailed plans and written explanation as a condition of approval.

(5)

Upon completion of the PUD or any stage of it, the Town Board shall authorize the issuance of a certificate of zoning compliance before such PUD shall be occupied and used.

§ 300-73 Cluster development.

Purpose. The purpose of cluster development regulations is to encourage flexibility in the design and development of residential land to make specific provision for public open space, public parks, public school sites and other necessary functions of a public nature.

Approval. Cluster development shall be subject to the approval of the Town Board based upon a review and recommendation by the Planning Board.

Regulations governing cluster development.

(1)

Permitted district. Cluster development shall only be permitted within the R-1 and R-2 Residential Districts.

(2)

Minimum development area. Cluster development shall apply to a major subdivision of not less than 10 acres in area.

(3)

Minimum lot area. The required minimum lot area may be reduced by not more than 20% if 20% of the total area of usable land within the subdivision is deeded to and accepted by the Town of Seneca Falls for public purposes.

(4)

Maximum density. The maximum density for the entire subdivision shall be not more than the maximum density permitted in the residential district in which the subdivision lies.

(5)

Minimum lot frontage. The minimum frontage per individual lot may be reduced by not more than 10%.

(6)

Minimum lot depth. The minimum depth per individual lot may be reduced by not more than 10%.

§ 300-74 Beekeeping.

Definitions. As used in this section, the following terms shall have the meanings indicated:

APIARY

A place where bee colonies are kept.

BEE

Any stage of the common domestic honey bee, apis mellifera species.

COLONY

A hive and its equipment and appurtenances, including bees, comb, honey, pollen and brood.

HIVE

A structure intended for the housing of a bee colony.

TRACT

A contiguous parcel of land under common ownership.

Districts where permitted. Beekeeping may be permitted only in the A-1 or A-2 Agricultural Districts. Beekeeping is prohibited in all other districts.

Prohibited conduct. Notwithstanding compliance with the various requirements of this section, it shall be unlawful for any beekeeper to keep any colony or colonies in such a manner or of such disposition as to cause any unhealthy conditions or interfere with the normal use and enjoyment of any public or private property, or to fail to comply with the requirements of this chapter.

Hives. All hives must maintain a minimum ten-foot setback from the designated side and rear property lines. No hives shall be permitted within the front yard setback.

Colony densities. It shall be unlawful to keep more than the following number of colonies on any tract or lot within the Town, based upon the size or configuration of the tract or lot on which the apiary is situated:

(1)

One-quarter acre or less: two colonies.

(2)

More than 1/4 acre but less than 1/2 acre: four colonies.

(3)

More than 1/2 acre but less than one acre: six colonies.

(4)

One acre or larger: eight colonies.

(5)

Regardless of tract or lot size, where all hives are situated at least 200 feet in any direction from all property lines of the tract on which the apiary is situated, there shall be no limit to the number of colonies.

Nuisances. The keeping of any bee colonies in the Town not in strict compliance with this section is declared to be a menace to the health and safety of the residents of the Town and is hereby declared to be a nuisance. Any bee colony not residing in a hive structure intended for beekeeping, or any swarm of bees, or any colony residing in a standard or homemade hive which, by virtue of its condition, has obviously been abandoned by the beekeeper, is hereby declared to be a menace to the health and safety of the residents of the Town and is hereby declared to be a nuisance. Any bee colonies kept in the Town not in compliance with this section or otherwise declared to be a nuisance pursuant to this subsection may be summarily destroyed or removed from the Town at the direction of the Zoning Officer, or his or her designee.

Seneca Falls Town City Zoning Code

ARTICLE VI

Special Conditions and Special Permit Uses

§ 300-45 Compliance required.

§ 300-46 Special permit uses.

(1)

The use shall be so designed, located and proposed to be operated that the public health, safety, welfare and convenience will be protected.

(2)

The use will not cause substantial injury to the value of other property in the neighborhood in which it is to be located.

(3)

The use will be compatible with adjoining development and the proposed character of the zone district in which it is to be located.

(4)

Adequate landscaping and screening shall be provided as required herein.

(5)

Adequate off-street parking and loading shall be provided and ingress and egress shall be so designed as to cause minimum interference with traffic on abutting streets.

(6)

The use shall conform to all applicable regulations governing the district in which it is located, except as may otherwise be set forth elsewhere in this Article VI.

An application seeking the issuance of a special use permit shall provide the following information:

(1)

The name and address of the applicant.

(2)

The name and address of the owner of the lot to be affected by such proposed change or use.

(3)

A brief description and the location of the lot to be affected by such proposed change or use.

(4)

A statement of the present zoning classification of the lot in question, the improvements thereof and the present use thereof.

(5)

(6)

§ 300-47 Farms and customary farm occupations.

No enclosed storage area for manure or other materials creating dust or odor shall be permitted within 100 feet of any street or residential property line.

§ 300-48 Essential services.

(1)

Such facility shall not be located on a residential street, unless no other site is available, and shall be so located as to draw a minimum of vehicular traffic to and through such streets.

(2)

(3)

Adequate fences, barriers and other safety devices shall be provided and shall be landscaped in accordance with the provisions of § 300-34.

§ 300-49 Roadside stands.

Roadside stands shall only be allowed in connection with a farm operation for the purpose of display and sale of products raised on such farm at the farm location.

All structures associated with a roadside stand, whether permanent or temporary, shall be set back at least 25 feet from the edge of the road right-of-way.

Before a roadside stand is constructed on any state road, the owner of the stand must verify the required setback with the New York State Department of Transportation.

§ 300-50 Home occupations.

A permitted home occupation may be operated only if it complies with the standards set forth in § 300-46B and the following conditions are met:

Where permitted. A permitted home occupation shall be permitted within a single-family dwelling unit or in a building accessory to such a dwelling unit.

Operator. The home occupation shall be operated by the person or persons living in the dwelling in which the home occupation is located and no more than one additional person.

Evidence of use. The outside of the building shall not display or create any evidence of the home occupation, except for one sign in accordance with § 300-54 below.

Extent of use. The home occupation shall not use more than 30% of the gross floor area of the dwelling unit, except a permitted day-care use.

(1)

Medical and dental offices in accordance with provisions for off-street parking as required herein, with not more than one nonresident assistant.

(2)

Other professional offices, including lawyer, engineer, architect and realtor.

(3)

Custom dressmaking, tailoring, teaching, carpentry and computer.

(4)

An artist or musician.

(5)

Day care for not more than four children simultaneously.

(6)

Beauty and barber shops.

(7)

Craft shops for crafts made in the home.

(8)

Ceramic shops for ceramics made in the home.

(9)

Dog and cat grooming shops.

There shall be adequate parking for the intended use.

Permits.

(1)

(2)

(3)

Application to operate a home occupation shall be made to the Zoning Officer in writing and shall be accompanied by an application fee as set from time to time by resolution of the Town Board.

§ 300-51 Outdoor recreation facilities.

Outdoor recreation facility uses shall include miniature golf, ice skating rinks and tennis courts, but not race tracks or go-cart tracks.

In any district in which they are permitted, retail sales which are clearly secondary to the principal use are permissible.

Such facilities shall be located not less than 50 feet from any property line and shall be effectively screened from adjoining residential uses in accordance with the provisions in § 300-34.

Illuminated signs and other lights shall be directed away or shielded from adjoining residential properties in such a way as not to disturb the occupants thereof.

No public address system shall be permitted except where such system is inaudible at any property line.

§ 300-52 Amusement centers, bowling alleys and enclosed places of amusement.

Amusement centers, bowling alleys and similar places of amusement shall be conducted entirely within an enclosed structure.

Off-street parking areas shall be screened from preexisting adjoining residential properties in accordance with § 300-34.

A principal structure shall be not less than 50 feet from any property line.

§ 300-53 Drive-in eating and drinking establishments.

§ 300-54 Signs.

[Amended 9-3-2019 by L.L. No. 3-2019; 11-1-2022 by L.L. No. 4-2022]

Signs may be erected and maintained only when in compliance with the following provisions:

Terms defined. As used in this chapter, unless otherwise expressly stated, the following terms shall have the meanings indicated.

ACCESSORY SIGN

Any sign related to a business or profession conducted, or to a commodity or service sold or offered, upon the premises where such a sign is located.

BILLBOARD

See "nonaccessory sign."

COMMERCIAL SPEECH SIGN

Any sign that identifies, promotes, or pertains to:

(1)

A commercial enterprise, operation, or activity; or

(2)

A product, commodity, good, or service offered by or in the course of a commercial enterprise, operation, or activity.

ELECTION SIGN

ERECT

To build, construct, alter repair, display, relocate, attach, hang, place, suspend, affix or maintain any sign, including the painting of exterior wall signs.

GARAGE SALE

The sale of used household goods, clothing and equipment of the homeowner or tenant of a residential property, from such property. Said signs are to be removed immediately after the garage sale.

GROUND OF FREESTANDING SIGN

ILLUMINATED SIGN

Any sign illuminated by electricity, gas or other artificial light, including reflective, projected, incandescent, phosphorescent or neon light, either interior or exterior, direct or indirect.

MUNICIPAL SIGN

NONACCESSORY SIGN

Any sign or billboard related to a business or profession conducted, or to a commodity or service sold or offered, upon premises other than where such sign is located.

NONCOMMERCIAL SPEECH SIGN

Any sign that is not a commercial speech sign.

PROJECTING SIGN

Any sign which projects from the exterior of any building.

TEMPORARY DEVELOPMENT SIGN

A sign related to residential, commercial or industrial construction activities.

TEMPORARY SIGN

A sign related to a single activity or event having a duration of no more than 30 days.

Exempt signs. The following types of signs are exempt from the provisions of this section, and are permitted in all zone districts:

(1)

(2)

Flags and insignia of any government.

(3)

On-premises directional signs for the convenience of the general public, identifying public parking areas, fire zones, entrances and exits, and similar signs.

(4)

Nonilluminated warning, private drive, posted or "no trespassing" signs, not exceeding two square feet per face.

(5)

(6)

Number and nameplates identifying residences, mounted on the house, apartment or mailbox, not exceeding one square foot in area.

(7)

(8)

Integral graphics or attached price signs on gasoline pumps at automotive service stations.

(9)

Seasonal and holiday decorations, including lighting.

(10)

(11)

Temporary signs.

(1)

(2)

The owner and/or occupant of the property on which such signs are erected and/or displayed shall consent to the erection of such signs and shall be responsible for their removal.

(3)

Temporary signs allowed by this section specifically do not include signs for the sale of goods or merchandise of any business.

(4)

Temporary signs may not be illuminated.

(5)

(6)

(7)

Temporary signs relating to an event shall be removed by the owner or occupant of the property no later than four days thereafter.

(8)

Examples of temporary signs include elections signs, garage sale signs, etc.

Signs in residential districts. In addition to exempt signs under Subsection B and temporary signs under Subsection C, the following types of nonilluminated signs are permitted in all R Districts:

(1)

Institutional signs on a school, church or other institution permitted in a R District, not larger than 20 square feet in area.

(2)

Temporary development signs. Such signs must be removed within 60 days after the development is occupied.

(1)

(2)

Such signs shall not exceed three in number for each property.

(3)

The maximum combined area shall not exceed 300 square feet. In the case of a two-sided sign on which each side is identical, only one side will be counted in the combined area.

(4)

Such signs shall not be located on a public right-of-way.

(5)

Such signs shall not be higher than the height limit in the district in which such sign is located, nor shall any sign be located upon the roof of any building.

(6)

Lighted signs shall not be flashing.

(7)

The following standards shall guide the regulation of all window signs located in these districts:

(a)

Window signs shall cover no more than 25% of the total window area. In addition, window signs shall not exceed five square feet per window space.

(b)

Each tenant may have two window signs. In no event, however, shall a window sign be permitted where there is a building-mounted identification sign.

(c)

A window space is considered to be the total area of any single window pane or series of window panes with a width of 12 inches or less separated by mullions.

Outdoor advertising signs (billboards) shall be permitted only in the M-1 and C-2 Districts as follows:

(1)

(2)

The maximum area of a single sign shall not exceed 300 square feet.

(3)

All freestanding signs shall conform to the minimum yard requirements of the district in which they are located.

(4)

(5)

Signs fronting on a public way shall be no closer to one another than 500 feet.

(6)

(7)

Digital signs shall conform to all NYS DOT requirements for commercial electronic variable message signs (CEVMS) and all future regulations.

(8)

Outdoor advertising billboard signs shall be considered a separate land use activity from any other use of the parcel on which it is located.

No trailer or mobile unit shall be placed in an R-1 Zone for advertisement purposes. No signage placed upon such trailer or mobile unit shall be allowed.

General regulations. The following regulations shall apply to all permitted sign uses, including exempt and temporary signs, unless specifically modified by Subsections A through E above:

(1)

(2)

Signs, other than an official traffic sign, shall not be erected within the right-of-way lines of any street.

(3)

A permit shall not be required for the erection, alteration or maintenance of any signs permitted in an R District.

(4)

A permit shall be required for the erection, alteration or reconstruction of any business or advertising sign.

(5)

(6)

A permit shall be required for the erection of any business or advertising sign at a cost to be set from time to time by resolution of the Town Board.

(7)

Signs in Historic District. Signs in the Historic District, other than temporary signs, shall be subject to the regulations of the Historic District Commission.

§ 300-55 Motels.

Each rental unit in a motel shall have a minimum area of 150 square feet of space, exclusive of bathroom facilities.

Each rentable unit in a motel shall include a minimum of one bedroom and a shower or bathroom with toilet.

Illuminated signs and other lights shall be directed away from or shielded from adjoining residential properties and highways in such a way as not to disturb the occupants thereof.

§ 300-56 Off-street parking and loading.

[Amended 12-1-2020 by L.L. No. 7-2020]

Land Use or Activity	Minimum Number of Parking Spaces Required
1- and 2-family dwelling unit, for each dwelling unit	1
Multiple dwelling units, for each dwelling unit	1
Conversion to multiple dwelling, for each dwelling unit	1
Individual mobile home	1
Boardinghouse and rooming house, for each dwelling	1
Bed-and-breakfast, for each lodging unit, in addition to existing spaces required for dwelling	1
Hotels and motels, for each unit	1
Church, assembly hall, sports area or similar place of public assembly, for each 4 persons to be accommodated in largest meeting space	1
School:
For each teaching station	1
Plus, for visitors	10
Public building or social organization
For each 200 square feet of gross floor area	1
Plus, for each 5 occupants, average	1
Medical or dental clinic or office, for each doctor or dentist	4
Office, general, for each 600 square feet of floor area	1
Retail store, store group, shop, supermarket, or shopping center, etc.:
For each 1,000 square feet of gross leasable area	3
Restaurant, bar, nightclub, or drive-through:
For each 200 square feet of gross floor area	1
Manufacturing, research or testing laboratories, for each 500 square feet of gross floor area or for each 2 employees, whichever is greater	1
Wholesaling or warehouse, for each employee on the largest shift	1

Appropriate use. No required off-street parking space shall be used for storage, servicing or dismantling of automobiles or other vehicles.

Arrangement of parking space.

(1)

(2)

Maintenance of parking areas. All parking areas, shall be kept free of obstructions, trash and other unsightly material and bare earth.

Off-street loading.

(1)

(a)

For building with gross floor space between 4,000 square feet and 50,000 square feet, one space.

(b)

For each additional 100,000 square feet of gross floor space or major fraction thereof, one space.

(2)

The loading berth required in each instance shall be not less than 12 feet in width, 60 feet in length and 14 feet in height and may occupy all or any part of any required yard.

§ 300-57 Parking and storage of recreational vehicles, trailers and boats.

The following restrictions apply in any residential district in the Town:

(1)

(2)

Closer than five feet to any side or rear lot line or 10 feet to the lot line if a corner lot.

No stored or parked recreational vehicle shall be occupied or used for human habitation, including but not limited to sleeping, eating or resting.

(1)

Such vehicles may stand for a period up to 1/2 hour.

(2)

Such vehicles or vans may park in the driveway of a residential unit during such periods of time as the operator thereof is engaged in performing repairs or maintenance at said unit.

Travel trailers and boats.

(1)

A travel trailer or boat may be parked in the rear yard of any residential lot behind the rear house foundation.

(2)

No more than one travel trailer or boat may be parked on any residential lot.

(3)

No travel trailer or boat may be parked closer than five feet to any lot line.

(4)

No travel trailer may be used as living or sleeping quarters within the Town.

(5)

Travel trailers may only be parked as described above if they have a current license and are no longer than 28 feet.

§ 300-58 Manufacture, assembly or research.

Manufacture, assembly or research operations must be able to meet the performance standards set forth in § 300-26.

§ 300-59 Recreational vehicle parks or campgrounds.

Application for permit.

(1)

(2)

(3)

(4)

(a)

The boundaries and areas of the plot.

(b)

The entrances, exits, roadways and walkways.

(c)

The layout of lots.

(d)

The perimeter planting of trees and shrubs to provide a screen for adjoining highways and adjacent property.

(e)

The number and location of service buildings and the number of facilities therein.

(f)

The plan of the sewer system and disposal arrangements.

(g)

The method and plan of garbage and refuse disposal, including recycling.

(h)

The water supply.

(i)

The electric power distribution and general lighting.

(j)

The means of providing for surface water runoff.

(k)

The owner's and operator's name, address and telephone numbers.

(l)

Certificates of approval from the Seneca County Health Department.

(m)

A list of the owner's campground regulations.

(n)

The telephone available to the public.

Park requirements.

(1)

(2)

(3)

All interior two-way roads shall be 20 feet wide, and one-way roads shall be 12 feet wide.

(4)

(5)

(6)

It is recommended that consideration in each instance be given to the construction of all utilities underground.

(7)

(8)

(9)

Conditions of soil and topography shall be suitable for the use, and surface drainage shall be provided to prevent accumulation of surface water.

(10)

The density shall not exceed 20 self-contained recreational vehicle lots per acre of the area assigned to them.

Lot requirements. Each lot shall face on an interior street.

Maintenance.

(1)

The entire park shall be policed to preclude the accumulation of litter, trash, discarded items or other debris.

(2)

Revocation or suspension of operating permits.

(1)

The Town Zoning Officer shall have the authority to enter and inspect any recreational vehicle park or campground at any time for purposes of health, safety and sanitation.

(2)

§ 300-60 Multiple dwellings and conversions.

(1)

In its review of the site plan, the Planning Board shall make findings with respect to the following:

(a)

(b)

(c)

(d)

(e)

(f)

(2)

Conversions. Conversions to multiple dwellings shall be permitted in accordance with the following provisions:

(1)

There shall not be a greater density than is normally permitted in the district in which the conversion property is located.

(2)

Such conversions may be permitted on lots of not less than the minimum required for the district in which situated.

(3)

Off-street parking shall be provided as set forth in § 300-56.

(4)

All provisions of the State Multiple Residence Law are met.

§ 300-61 Determination of number of dwelling units.

(1)

(2)

The Zoning Officer may inspect the premises to confirm such removal.

(3)

The owner of the property shall sign an affidavit and certification in form satisfactory to the Zoning Officer to the effect that:

(a)

The facilities referred to above have been removed;

(b)

Said facilities will not be reinstalled without seeking a zoning permit or other approval from the Zoning Officer; and

(c)

(4)

Such affidavit shall be recorded, at the expense of the homeowner, in the County Clerk's office and indexed against the name of the then owner of the property.

§ 300-62 Mobile home parks.

Conditions. A mobile home park will be permitted in the Town of Seneca Falls only with a special use permit granted pursuant to § 300-46 and under the following conditions:

(1)

Such mobile home park is to be located in an A-1, A-2 or MP District.

(2)

Permit application. Two copies of a written application for a permit will be filed with the Town Clerk and will include the following:

(1)

The name and address of the applicant.

(2)

The name and address of the owner of the land upon which the park is to be located.

(3)

A survey map showing how the park relates to the existing road system.

(4)

A plan of the park showing how the overall design is in accordance with the provisions of Subsection E of this section.

(5)

Provisions for water supply and sewage disposal, including a statement of requirements from the Seneca County Health Department if public water and sewage disposal systems are not to be provided.

(6)

The topography and soils of the site, including all areas which are wet or subject to flooding. Topography maps from the County Planning Department shall be adequate.

(7)

The proposed cross-section design of park roadways.

(8)

(9)

Any additional information which the developer feels will help the Zoning Board of Appeals in its review of the proposed park.

(10)

(11)

An application fee as set from time to time by resolution of the Town Board.

Procedure.

(1)

(2)

Upon conditional approval of the application by the Zoning Board of Appeals, the applicant shall proceed with final plans, incorporating any conditions attached to said conditional approval.

(3)

(4)

Upon final site plan approval by the Planning Board, a zoning permit for construction shall be issued by the Zoning Officer.

(5)

When construction is completed in accordance with the final plan as approved by the Planning Board, a certificate of zoning compliance shall be issued by the Zoning Officer.

Environmental standards.

(1)

(2)

Separation. Mobile home units may be positioned in a variety of ways within parks, provided that a separation of at least 30 feet is maintained between units.

(3)

(4)

(5)

Parking.

(a)

(b)

A supplemental parking area shall be provided for the storage or temporary parking of travel trailers, campers, boats, snowmobiles or similar auxiliary vehicles.

(6)

(7)

(8)

Patio. Each mobile home site shall be provided with a concrete patio with a minimum width of 10 feet and a total area of at least 120 square feet.

(9)

(10)

(11)

(12)

(13)

(14)

(15)

Lighting. Mobile home parks shall be provided with lighting sufficient to illuminate streets, driveways and walkways. Decorative lighting fixtures shall be used.

(16)

Electricity and telephone. The distribution system for electrical and telephone service shall be installed underground and shall comply with the requirements of the utility and telephone companies.

(17)

(18)

Fire protection. If a mobile home park is located in a public water district, fire hydrants shall be installed in accordance with the requirements of the district.

(19)

Park operation and maintenance.

(1)

(2)

(3)

(4)

A list of owner and occupant responsibilities shall be posted in the park rental office.

Inspection and enforcement.

(1)

(2)

(3)

(4)

Existing mobile home parks.

(1)

(2)

No mobile home removed from a park shall be replaced unless the replacement conforms to the current requirements of this chapter.

(3)

If a park closes for more than six months, the park will be subject to the current requirements of this chapter.

§ 300-63 Mobile homes, house trailers, camping trailers and tents.

Regulations regarding mobile homes, house trailers, camping trailers and tents shall be as follows:

Restrictions on parking.

(1)

(2)

(1)

The establishment or maintenance of a mobile home park or trailer park except as hereinafter provided.

(2)

The parking of any mobile home, house trailer or camper trailer except as hereinafter provided.

§ 300-64 Automobile service stations.

Location of pumps. No pump island shall be located less than 30 feet from any property line.

Landscaping. A landscaped area 10 feet wide shall be provided along all property lines and shall be planted with trees and shrubs.

Outside storage. There shall be no outside equipment or parts storage or display of accessories or portable signs unless a service station is open for business.

§ 300-65 Extraction of stone, sand or gravel.

The extraction of stone, sand and gravel shall be in accordance with applicable statutory provisions.

§ 300-66 Adult uses.

(1)

(2)

An adult use may not be operated within 200 feet of another adult use, or on the same lot or parcel of land.

(3)

An adult use may not be operated in the same building structure, or portion thereof, containing another adult use.

(4)

(5)

(6)

Inspection requirement.

(1)

As heretofore provided, a person may operate an adult use in the Town of Seneca Falls only with a special use permit.

(2)

(3)

All zoning officers shall complete their certification that the premises is in compliance or not in compliance within 20 days of the inspection of the premises by such officials.

(4)

(1)

Has violated or is not in compliance with any section of the Town Code.

(2)

Has refused to allow any inspection of the adult use as authorized by this section.

(3)

Has had any illegal gambling take place on the adult use premises.

(4)

Has had the possession, use, or sale of a controlled substance occur on the premises.

(5)

Has had prostitution occur on the premises.

(6)

Has had any act of sexual intercourse, sodomy, oral copulation, masturbation, or other sexual conduct occur on the premises.

§ 300-67 Kennels.

Conditions. A kennel will be permitted in the Town of Seneca Falls only under the following conditions:

(1)

All animals shall be kept in clean and sanitary premises, structures or enclosures.

(2)

(3)

(4)

(5)

One inside pen shall be provided for each dog or cat boarded or kept.

(a)

(b)

(6)

For every three dog pens there shall be a minimum of one outside run. Each outside run shall:

(a)

Have a concrete base.

(b)

Be enclosed by a minimum six-foot-high chain link fence with shelter and with secure gates.

(c)

Be three feet in width and 10 feet in length. There shall be at least one run with a four-foot width and ten-foot length for a giant breed dog.

(7)

(8)

Inspection requirements.

(1)

As heretofore provided, a person may operate a kennel in the Town of Seneca Falls only with a special use permit.

(2)

(3)

All zoning officers shall complete their certification that the premises is in compliance or not in compliance within 20 days of the inspection of the premises by such officials.

(4)

(1)

(2)

Has refused to allow any inspection of the kennel as authorized by this section.

Any existing kennel shall have 90 days from the filing of this chapter with the Secretary of State within which to comply with the specifications of this section.

§ 300-68 Pet breeders.

Conditions. A pet breeder will be permitted in the Town of Seneca Falls only under the following conditions:

(1)

All animals shall be kept in clean and sanitary premises, structures or enclosures.

(2)

(3)

(4)

(5)

One inside pen shall be provided for each dog or cat boarded or kept.

(a)

(b)

(6)

For every three dog pens there shall be a minimum of one outside run. Each outside run shall:

(a)

Have a concrete base.

(b)

Be enclosed by a minimum six-foot-high chain link fence with shelter and with secure gates.

(c)

Be three feet in width and 10 feet in length. There shall be at least one run with four-foot width and ten-foot length for a giant breed dog.

(7)

(8)

Inspection requirement.

(1)

As heretofore provided, a person may operate as a pet breeder in the Town of Seneca Falls only with a special use permit.

(2)

(3)

All zoning officers shall complete their certification that the premises is in compliance or not in compliance within 20 days of the inspection of the premises by such officials.

(4)

Any owner and/or operator, employee of the owner and/or operator, or agent of the owner and/or operator shall permit representatives of the Town Zoning Officer, the Town Dog Control Officer, the Seneca County Health Department, the Seneca County Sheriffs' Department, the New York State Police, the State Health Department, or any other Town, county or state department or agency that has permitting authority regarding the use of the premises to inspect the premises of a pet breeder for the purpose of ensuring compliance with this chapter at any time it is occupied or open for business.

If, upon inspection as described above, it shall be found that the operator has violated any provisions of this chapter, the Zoning Board of Appeals shall have the power to revoke or suspend the permit and order the animals removed or pet breeders closed after notice and an opportunity for the owner/operator to be heard.

(1)

(2)

Has refused to allow any inspection of the pet breeder as authorized by this chapter; or

(3)

Operates with an expired special use permit.

Any existing pet breeder shall have 90 days from the filing of this chapter with the Secretary of State within which to comply with the specifications of this section.

§ 300-69 Outdoor storage areas, including junkyards and automobile wrecking.

Regulations concerning outdoor storage areas, including junkyards and automobile wrecking, shall be as follows.

Storage of flammable liquids.

(1)

(2)

Fencing and setbacks. All outdoor storage facilities shall be enclosed by a fence or wall adequate to conceal such facilities and the contents thereof from adjacent property.

Deposit of wastes. 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.

§ 300-70 Junkyards.

§ 300-71 Slaughterhouses.

§ 300-72 Planned unit developments.

Purpose.

(1)

(2)

Regulations governing planned unit developments.

(1)

Minimum area. A planned unit development shall include at least five contiguous acres of land.

(2)

Open space. A minimum of 25% of gross site area devoted to residential purposes shall be developed as public open space. Parking areas and roads shall not be considered in calculating open space.

(3)

(4)

Land use. Proposed land uses shall not adversely affect surrounding development and shall be in accordance with the objectives and principles of the Comprehensive Plan.

(1)

(2)

The PUD shall be planned and developed to harmonize with any existing or proposed development in the area surrounding the project site.

(3)

All buildings in the layout and design shall be an integral part of the development and have convenient access to and from adjacent uses and blocks.

(4)

Individual buildings shall be related to each other in design, mass, materials, placement and connections to provide a visually and physically integrated development.

(5)

Treatment of the sides and rear of all buildings within the PUD shall be comparable in amenity and appearance to the treatment given to street frontage of these same buildings.

(6)

The design of buildings and the parking facilities shall take advantage of the topography of the project site, where appropriate, to provide separate levels of access.

(7)

All building walls shall be so oriented as to ensure adequate light and air exposures to the rooms within.

(8)

(9)

All buildings shall be arranged so as to be accessible to emergency vehicles.

(10)

Landscape treatment for open spaces, roads, paths and service and parking areas shall be designed as an integral part of a coordinated landscape design for the entire project area.

(11)

Primary landscape treatment shall consist of shrubs, ground cover and street trees and shall combine with appropriate walks and street surfaces to provide an attractive development pattern.

(12)

Whenever appropriate, existing trees shall be conserved and integrated into the landscape design plan.

(13)

All streets bordering the project area shall be planted at appropriate intervals with street trees.

(14)

(15)

Health Department approval of utility support systems (water and sewage disposal) shall be required. Electric distribution and telephone lines shall be installed underground.

(16)

A complete storm drainage system shall be provided for the proposed PUD, which will include adequate provisions to protect the surrounding area from adverse stormwater runoff.

(17)

(18)

Materials and design of paving, lighting fixtures, retaining walls, fences, curbs, benches, etc., shall be of good appearance, easily maintained and indicative of their function.

(19)

Parking facilities shall be landscaped and screened from public view to the extent necessary to eliminate unsightliness and monotony of parked cars.

(20)

Parking facilities shall be designed with careful regard to orderly arrangement, topography, landscaping and ease of access and shall be developed as an integral part of an overall site design.

(21)

An above-grade loading facility should be screened from public view to the extent necessary to eliminate unsightliness.

Procedure for reviewing planned unit developments.

(1)

An applicant wishing approval for a PUD shall submit two copies of a request to the Town Clerk in the form of a proposal, which shall include:

(a)

(b)

(c)

(2)

(3)

The Planning Board shall forward to the Town Board its recommendation on the proposed PUD, including any conditions and specifications related to such recommendation.

(4)

(5)

Upon completion of the PUD or any stage of it, the Town Board shall authorize the issuance of a certificate of zoning compliance before such PUD shall be occupied and used.

§ 300-73 Cluster development.

Approval. Cluster development shall be subject to the approval of the Town Board based upon a review and recommendation by the Planning Board.

Regulations governing cluster development.

(1)

Permitted district. Cluster development shall only be permitted within the R-1 and R-2 Residential Districts.

(2)

Minimum development area. Cluster development shall apply to a major subdivision of not less than 10 acres in area.

(3)

(4)

Maximum density. The maximum density for the entire subdivision shall be not more than the maximum density permitted in the residential district in which the subdivision lies.

(5)

Minimum lot frontage. The minimum frontage per individual lot may be reduced by not more than 10%.

(6)

Minimum lot depth. The minimum depth per individual lot may be reduced by not more than 10%.

§ 300-74 Beekeeping.

Definitions. As used in this section, the following terms shall have the meanings indicated:

APIARY

A place where bee colonies are kept.

BEE

Any stage of the common domestic honey bee, apis mellifera species.

COLONY

A hive and its equipment and appurtenances, including bees, comb, honey, pollen and brood.

HIVE

A structure intended for the housing of a bee colony.

TRACT

A contiguous parcel of land under common ownership.

Districts where permitted. Beekeeping may be permitted only in the A-1 or A-2 Agricultural Districts. Beekeeping is prohibited in all other districts.

Hives. All hives must maintain a minimum ten-foot setback from the designated side and rear property lines. No hives shall be permitted within the front yard setback.

(1)

One-quarter acre or less: two colonies.

(2)

More than 1/4 acre but less than 1/2 acre: four colonies.

(3)

More than 1/2 acre but less than one acre: six colonies.

(4)

One acre or larger: eight colonies.

(5)

Seneca Falls Town City Zoning Code

ARTICLE VI

Special Conditions and Special Permit Uses

§ 300-45 Compliance required.

§ 300-46 Special permit uses.

(1)

The use shall be so designed, located and proposed to be operated that the public health, safety, welfare and convenience will be protected.

(2)

The use will not cause substantial injury to the value of other property in the neighborhood in which it is to be located.

(3)

The use will be compatible with adjoining development and the proposed character of the zone district in which it is to be located.

(4)

Adequate landscaping and screening shall be provided as required herein.

(5)

Adequate off-street parking and loading shall be provided and ingress and egress shall be so designed as to cause minimum interference with traffic on abutting streets.

(6)

The use shall conform to all applicable regulations governing the district in which it is located, except as may otherwise be set forth elsewhere in this Article VI.

An application seeking the issuance of a special use permit shall provide the following information:

(1)

The name and address of the applicant.

(2)

The name and address of the owner of the lot to be affected by such proposed change or use.

(3)

A brief description and the location of the lot to be affected by such proposed change or use.

(4)

A statement of the present zoning classification of the lot in question, the improvements thereof and the present use thereof.

(5)

(6)

§ 300-47 Farms and customary farm occupations.

No enclosed storage area for manure or other materials creating dust or odor shall be permitted within 100 feet of any street or residential property line.

§ 300-48 Essential services.

(1)

Such facility shall not be located on a residential street, unless no other site is available, and shall be so located as to draw a minimum of vehicular traffic to and through such streets.

(2)

(3)

Adequate fences, barriers and other safety devices shall be provided and shall be landscaped in accordance with the provisions of § 300-34.

§ 300-49 Roadside stands.

Roadside stands shall only be allowed in connection with a farm operation for the purpose of display and sale of products raised on such farm at the farm location.

All structures associated with a roadside stand, whether permanent or temporary, shall be set back at least 25 feet from the edge of the road right-of-way.

Before a roadside stand is constructed on any state road, the owner of the stand must verify the required setback with the New York State Department of Transportation.

§ 300-50 Home occupations.

A permitted home occupation may be operated only if it complies with the standards set forth in § 300-46B and the following conditions are met:

Where permitted. A permitted home occupation shall be permitted within a single-family dwelling unit or in a building accessory to such a dwelling unit.

Operator. The home occupation shall be operated by the person or persons living in the dwelling in which the home occupation is located and no more than one additional person.

Evidence of use. The outside of the building shall not display or create any evidence of the home occupation, except for one sign in accordance with § 300-54 below.

Extent of use. The home occupation shall not use more than 30% of the gross floor area of the dwelling unit, except a permitted day-care use.

(1)

Medical and dental offices in accordance with provisions for off-street parking as required herein, with not more than one nonresident assistant.

(2)

Other professional offices, including lawyer, engineer, architect and realtor.

(3)

Custom dressmaking, tailoring, teaching, carpentry and computer.

(4)

An artist or musician.

(5)

Day care for not more than four children simultaneously.

(6)

Beauty and barber shops.

(7)

Craft shops for crafts made in the home.

(8)

Ceramic shops for ceramics made in the home.

(9)

Dog and cat grooming shops.

There shall be adequate parking for the intended use.

Permits.

(1)

(2)

(3)

Application to operate a home occupation shall be made to the Zoning Officer in writing and shall be accompanied by an application fee as set from time to time by resolution of the Town Board.

§ 300-51 Outdoor recreation facilities.

Outdoor recreation facility uses shall include miniature golf, ice skating rinks and tennis courts, but not race tracks or go-cart tracks.

In any district in which they are permitted, retail sales which are clearly secondary to the principal use are permissible.

Such facilities shall be located not less than 50 feet from any property line and shall be effectively screened from adjoining residential uses in accordance with the provisions in § 300-34.

Illuminated signs and other lights shall be directed away or shielded from adjoining residential properties in such a way as not to disturb the occupants thereof.

No public address system shall be permitted except where such system is inaudible at any property line.

§ 300-52 Amusement centers, bowling alleys and enclosed places of amusement.

Amusement centers, bowling alleys and similar places of amusement shall be conducted entirely within an enclosed structure.

Off-street parking areas shall be screened from preexisting adjoining residential properties in accordance with § 300-34.

A principal structure shall be not less than 50 feet from any property line.

§ 300-53 Drive-in eating and drinking establishments.

§ 300-54 Signs.

[Amended 9-3-2019 by L.L. No. 3-2019; 11-1-2022 by L.L. No. 4-2022]

Signs may be erected and maintained only when in compliance with the following provisions:

Terms defined. As used in this chapter, unless otherwise expressly stated, the following terms shall have the meanings indicated.

ACCESSORY SIGN

Any sign related to a business or profession conducted, or to a commodity or service sold or offered, upon the premises where such a sign is located.

BILLBOARD

See "nonaccessory sign."

COMMERCIAL SPEECH SIGN

Any sign that identifies, promotes, or pertains to:

(1)

A commercial enterprise, operation, or activity; or

(2)

A product, commodity, good, or service offered by or in the course of a commercial enterprise, operation, or activity.

ELECTION SIGN

ERECT

To build, construct, alter repair, display, relocate, attach, hang, place, suspend, affix or maintain any sign, including the painting of exterior wall signs.

GARAGE SALE

The sale of used household goods, clothing and equipment of the homeowner or tenant of a residential property, from such property. Said signs are to be removed immediately after the garage sale.

GROUND OF FREESTANDING SIGN

ILLUMINATED SIGN

Any sign illuminated by electricity, gas or other artificial light, including reflective, projected, incandescent, phosphorescent or neon light, either interior or exterior, direct or indirect.

MUNICIPAL SIGN

NONACCESSORY SIGN

Any sign or billboard related to a business or profession conducted, or to a commodity or service sold or offered, upon premises other than where such sign is located.

NONCOMMERCIAL SPEECH SIGN

Any sign that is not a commercial speech sign.

PROJECTING SIGN

Any sign which projects from the exterior of any building.

TEMPORARY DEVELOPMENT SIGN

A sign related to residential, commercial or industrial construction activities.

TEMPORARY SIGN

A sign related to a single activity or event having a duration of no more than 30 days.

Exempt signs. The following types of signs are exempt from the provisions of this section, and are permitted in all zone districts:

(1)

(2)

Flags and insignia of any government.

(3)

On-premises directional signs for the convenience of the general public, identifying public parking areas, fire zones, entrances and exits, and similar signs.

(4)

Nonilluminated warning, private drive, posted or "no trespassing" signs, not exceeding two square feet per face.

(5)

(6)

Number and nameplates identifying residences, mounted on the house, apartment or mailbox, not exceeding one square foot in area.

(7)

(8)

Integral graphics or attached price signs on gasoline pumps at automotive service stations.

(9)

Seasonal and holiday decorations, including lighting.

(10)

(11)

Temporary signs.

(1)

(2)

The owner and/or occupant of the property on which such signs are erected and/or displayed shall consent to the erection of such signs and shall be responsible for their removal.

(3)

Temporary signs allowed by this section specifically do not include signs for the sale of goods or merchandise of any business.

(4)

Temporary signs may not be illuminated.

(5)

(6)

(7)

Temporary signs relating to an event shall be removed by the owner or occupant of the property no later than four days thereafter.

(8)

Examples of temporary signs include elections signs, garage sale signs, etc.

Signs in residential districts. In addition to exempt signs under Subsection B and temporary signs under Subsection C, the following types of nonilluminated signs are permitted in all R Districts:

(1)

Institutional signs on a school, church or other institution permitted in a R District, not larger than 20 square feet in area.

(2)

Temporary development signs. Such signs must be removed within 60 days after the development is occupied.

(1)

(2)

Such signs shall not exceed three in number for each property.

(3)

The maximum combined area shall not exceed 300 square feet. In the case of a two-sided sign on which each side is identical, only one side will be counted in the combined area.

(4)

Such signs shall not be located on a public right-of-way.

(5)

Such signs shall not be higher than the height limit in the district in which such sign is located, nor shall any sign be located upon the roof of any building.

(6)

Lighted signs shall not be flashing.

(7)

The following standards shall guide the regulation of all window signs located in these districts:

(a)

Window signs shall cover no more than 25% of the total window area. In addition, window signs shall not exceed five square feet per window space.

(b)

Each tenant may have two window signs. In no event, however, shall a window sign be permitted where there is a building-mounted identification sign.

(c)

A window space is considered to be the total area of any single window pane or series of window panes with a width of 12 inches or less separated by mullions.

Outdoor advertising signs (billboards) shall be permitted only in the M-1 and C-2 Districts as follows:

(1)

(2)

The maximum area of a single sign shall not exceed 300 square feet.

(3)

All freestanding signs shall conform to the minimum yard requirements of the district in which they are located.

(4)

(5)

Signs fronting on a public way shall be no closer to one another than 500 feet.

(6)

(7)

Digital signs shall conform to all NYS DOT requirements for commercial electronic variable message signs (CEVMS) and all future regulations.

(8)

Outdoor advertising billboard signs shall be considered a separate land use activity from any other use of the parcel on which it is located.

No trailer or mobile unit shall be placed in an R-1 Zone for advertisement purposes. No signage placed upon such trailer or mobile unit shall be allowed.

General regulations. The following regulations shall apply to all permitted sign uses, including exempt and temporary signs, unless specifically modified by Subsections A through E above:

(1)

(2)

Signs, other than an official traffic sign, shall not be erected within the right-of-way lines of any street.

(3)

A permit shall not be required for the erection, alteration or maintenance of any signs permitted in an R District.

(4)

A permit shall be required for the erection, alteration or reconstruction of any business or advertising sign.

(5)

(6)

A permit shall be required for the erection of any business or advertising sign at a cost to be set from time to time by resolution of the Town Board.

(7)

Signs in Historic District. Signs in the Historic District, other than temporary signs, shall be subject to the regulations of the Historic District Commission.

§ 300-55 Motels.

Each rental unit in a motel shall have a minimum area of 150 square feet of space, exclusive of bathroom facilities.

Each rentable unit in a motel shall include a minimum of one bedroom and a shower or bathroom with toilet.

Illuminated signs and other lights shall be directed away from or shielded from adjoining residential properties and highways in such a way as not to disturb the occupants thereof.

§ 300-56 Off-street parking and loading.

[Amended 12-1-2020 by L.L. No. 7-2020]

Land Use or Activity	Minimum Number of Parking Spaces Required
1- and 2-family dwelling unit, for each dwelling unit	1
Multiple dwelling units, for each dwelling unit	1
Conversion to multiple dwelling, for each dwelling unit	1
Individual mobile home	1
Boardinghouse and rooming house, for each dwelling	1
Bed-and-breakfast, for each lodging unit, in addition to existing spaces required for dwelling	1
Hotels and motels, for each unit	1
Church, assembly hall, sports area or similar place of public assembly, for each 4 persons to be accommodated in largest meeting space	1
School:
For each teaching station	1
Plus, for visitors	10
Public building or social organization
For each 200 square feet of gross floor area	1
Plus, for each 5 occupants, average	1
Medical or dental clinic or office, for each doctor or dentist	4
Office, general, for each 600 square feet of floor area	1
Retail store, store group, shop, supermarket, or shopping center, etc.:
For each 1,000 square feet of gross leasable area	3
Restaurant, bar, nightclub, or drive-through:
For each 200 square feet of gross floor area	1
Manufacturing, research or testing laboratories, for each 500 square feet of gross floor area or for each 2 employees, whichever is greater	1
Wholesaling or warehouse, for each employee on the largest shift	1

Appropriate use. No required off-street parking space shall be used for storage, servicing or dismantling of automobiles or other vehicles.

Arrangement of parking space.

(1)

(2)

Maintenance of parking areas. All parking areas, shall be kept free of obstructions, trash and other unsightly material and bare earth.

Off-street loading.

(1)

(a)

For building with gross floor space between 4,000 square feet and 50,000 square feet, one space.

(b)

For each additional 100,000 square feet of gross floor space or major fraction thereof, one space.

(2)

The loading berth required in each instance shall be not less than 12 feet in width, 60 feet in length and 14 feet in height and may occupy all or any part of any required yard.

§ 300-57 Parking and storage of recreational vehicles, trailers and boats.

The following restrictions apply in any residential district in the Town:

(1)

(2)

Closer than five feet to any side or rear lot line or 10 feet to the lot line if a corner lot.

No stored or parked recreational vehicle shall be occupied or used for human habitation, including but not limited to sleeping, eating or resting.

(1)

Such vehicles may stand for a period up to 1/2 hour.

(2)

Such vehicles or vans may park in the driveway of a residential unit during such periods of time as the operator thereof is engaged in performing repairs or maintenance at said unit.

Travel trailers and boats.

(1)

A travel trailer or boat may be parked in the rear yard of any residential lot behind the rear house foundation.

(2)

No more than one travel trailer or boat may be parked on any residential lot.

(3)

No travel trailer or boat may be parked closer than five feet to any lot line.

(4)

No travel trailer may be used as living or sleeping quarters within the Town.

(5)

Travel trailers may only be parked as described above if they have a current license and are no longer than 28 feet.

§ 300-58 Manufacture, assembly or research.

Manufacture, assembly or research operations must be able to meet the performance standards set forth in § 300-26.

§ 300-59 Recreational vehicle parks or campgrounds.

Application for permit.

(1)

(2)

(3)

(4)

(a)

The boundaries and areas of the plot.

(b)

The entrances, exits, roadways and walkways.

(c)

The layout of lots.

(d)

The perimeter planting of trees and shrubs to provide a screen for adjoining highways and adjacent property.

(e)

The number and location of service buildings and the number of facilities therein.

(f)

The plan of the sewer system and disposal arrangements.

(g)

The method and plan of garbage and refuse disposal, including recycling.

(h)

The water supply.

(i)

The electric power distribution and general lighting.

(j)

The means of providing for surface water runoff.

(k)

The owner's and operator's name, address and telephone numbers.

(l)

Certificates of approval from the Seneca County Health Department.

(m)

A list of the owner's campground regulations.

(n)

The telephone available to the public.

Park requirements.

(1)

(2)

(3)

All interior two-way roads shall be 20 feet wide, and one-way roads shall be 12 feet wide.

(4)

(5)

(6)

It is recommended that consideration in each instance be given to the construction of all utilities underground.

(7)

(8)

(9)

Conditions of soil and topography shall be suitable for the use, and surface drainage shall be provided to prevent accumulation of surface water.

(10)

The density shall not exceed 20 self-contained recreational vehicle lots per acre of the area assigned to them.

Lot requirements. Each lot shall face on an interior street.

Maintenance.

(1)

The entire park shall be policed to preclude the accumulation of litter, trash, discarded items or other debris.

(2)

Revocation or suspension of operating permits.

(1)

The Town Zoning Officer shall have the authority to enter and inspect any recreational vehicle park or campground at any time for purposes of health, safety and sanitation.

(2)

§ 300-60 Multiple dwellings and conversions.

(1)

In its review of the site plan, the Planning Board shall make findings with respect to the following:

(a)

(b)

(c)

(d)

(e)

(f)

(2)

Conversions. Conversions to multiple dwellings shall be permitted in accordance with the following provisions:

(1)

There shall not be a greater density than is normally permitted in the district in which the conversion property is located.

(2)

Such conversions may be permitted on lots of not less than the minimum required for the district in which situated.

(3)

Off-street parking shall be provided as set forth in § 300-56.

(4)

All provisions of the State Multiple Residence Law are met.

§ 300-61 Determination of number of dwelling units.

(1)

(2)

The Zoning Officer may inspect the premises to confirm such removal.

(3)

The owner of the property shall sign an affidavit and certification in form satisfactory to the Zoning Officer to the effect that:

(a)

The facilities referred to above have been removed;

(b)

Said facilities will not be reinstalled without seeking a zoning permit or other approval from the Zoning Officer; and

(c)

(4)

Such affidavit shall be recorded, at the expense of the homeowner, in the County Clerk's office and indexed against the name of the then owner of the property.

§ 300-62 Mobile home parks.

Conditions. A mobile home park will be permitted in the Town of Seneca Falls only with a special use permit granted pursuant to § 300-46 and under the following conditions:

(1)

Such mobile home park is to be located in an A-1, A-2 or MP District.

(2)

Permit application. Two copies of a written application for a permit will be filed with the Town Clerk and will include the following:

(1)

The name and address of the applicant.

(2)

The name and address of the owner of the land upon which the park is to be located.

(3)

A survey map showing how the park relates to the existing road system.

(4)

A plan of the park showing how the overall design is in accordance with the provisions of Subsection E of this section.

(5)

Provisions for water supply and sewage disposal, including a statement of requirements from the Seneca County Health Department if public water and sewage disposal systems are not to be provided.

(6)

The topography and soils of the site, including all areas which are wet or subject to flooding. Topography maps from the County Planning Department shall be adequate.

(7)

The proposed cross-section design of park roadways.

(8)

(9)

Any additional information which the developer feels will help the Zoning Board of Appeals in its review of the proposed park.

(10)

(11)

An application fee as set from time to time by resolution of the Town Board.

Procedure.

(1)

(2)

Upon conditional approval of the application by the Zoning Board of Appeals, the applicant shall proceed with final plans, incorporating any conditions attached to said conditional approval.

(3)

(4)

Upon final site plan approval by the Planning Board, a zoning permit for construction shall be issued by the Zoning Officer.

(5)

When construction is completed in accordance with the final plan as approved by the Planning Board, a certificate of zoning compliance shall be issued by the Zoning Officer.

Environmental standards.

(1)

(2)

Separation. Mobile home units may be positioned in a variety of ways within parks, provided that a separation of at least 30 feet is maintained between units.

(3)

(4)

(5)

Parking.

(a)

(b)

A supplemental parking area shall be provided for the storage or temporary parking of travel trailers, campers, boats, snowmobiles or similar auxiliary vehicles.

(6)

(7)

(8)

Patio. Each mobile home site shall be provided with a concrete patio with a minimum width of 10 feet and a total area of at least 120 square feet.

(9)

(10)

(11)

(12)

(13)

(14)

(15)

Lighting. Mobile home parks shall be provided with lighting sufficient to illuminate streets, driveways and walkways. Decorative lighting fixtures shall be used.

(16)

Electricity and telephone. The distribution system for electrical and telephone service shall be installed underground and shall comply with the requirements of the utility and telephone companies.

(17)

(18)

Fire protection. If a mobile home park is located in a public water district, fire hydrants shall be installed in accordance with the requirements of the district.

(19)

Park operation and maintenance.

(1)

(2)

(3)

(4)

A list of owner and occupant responsibilities shall be posted in the park rental office.

Inspection and enforcement.

(1)

(2)

(3)

(4)

Existing mobile home parks.

(1)

(2)

No mobile home removed from a park shall be replaced unless the replacement conforms to the current requirements of this chapter.

(3)

If a park closes for more than six months, the park will be subject to the current requirements of this chapter.

§ 300-63 Mobile homes, house trailers, camping trailers and tents.

Regulations regarding mobile homes, house trailers, camping trailers and tents shall be as follows:

Restrictions on parking.

(1)

(2)

(1)

The establishment or maintenance of a mobile home park or trailer park except as hereinafter provided.

(2)

The parking of any mobile home, house trailer or camper trailer except as hereinafter provided.

§ 300-64 Automobile service stations.

Location of pumps. No pump island shall be located less than 30 feet from any property line.

Landscaping. A landscaped area 10 feet wide shall be provided along all property lines and shall be planted with trees and shrubs.

Outside storage. There shall be no outside equipment or parts storage or display of accessories or portable signs unless a service station is open for business.

§ 300-65 Extraction of stone, sand or gravel.

The extraction of stone, sand and gravel shall be in accordance with applicable statutory provisions.

§ 300-66 Adult uses.

(1)

(2)

An adult use may not be operated within 200 feet of another adult use, or on the same lot or parcel of land.

(3)

An adult use may not be operated in the same building structure, or portion thereof, containing another adult use.

(4)

(5)

(6)

Inspection requirement.

(1)

As heretofore provided, a person may operate an adult use in the Town of Seneca Falls only with a special use permit.

(2)

(3)

All zoning officers shall complete their certification that the premises is in compliance or not in compliance within 20 days of the inspection of the premises by such officials.

(4)

(1)

Has violated or is not in compliance with any section of the Town Code.

(2)

Has refused to allow any inspection of the adult use as authorized by this section.

(3)

Has had any illegal gambling take place on the adult use premises.

(4)

Has had the possession, use, or sale of a controlled substance occur on the premises.

(5)

Has had prostitution occur on the premises.

(6)

Has had any act of sexual intercourse, sodomy, oral copulation, masturbation, or other sexual conduct occur on the premises.

§ 300-67 Kennels.

Conditions. A kennel will be permitted in the Town of Seneca Falls only under the following conditions:

(1)

All animals shall be kept in clean and sanitary premises, structures or enclosures.

(2)

(3)

(4)

(5)

One inside pen shall be provided for each dog or cat boarded or kept.

(a)

(b)

(6)

For every three dog pens there shall be a minimum of one outside run. Each outside run shall:

(a)

Have a concrete base.

(b)

Be enclosed by a minimum six-foot-high chain link fence with shelter and with secure gates.

(c)

Be three feet in width and 10 feet in length. There shall be at least one run with a four-foot width and ten-foot length for a giant breed dog.

(7)

(8)

Inspection requirements.

(1)

As heretofore provided, a person may operate a kennel in the Town of Seneca Falls only with a special use permit.

(2)

(3)

All zoning officers shall complete their certification that the premises is in compliance or not in compliance within 20 days of the inspection of the premises by such officials.

(4)

(1)

(2)

Has refused to allow any inspection of the kennel as authorized by this section.

Any existing kennel shall have 90 days from the filing of this chapter with the Secretary of State within which to comply with the specifications of this section.

§ 300-68 Pet breeders.

Conditions. A pet breeder will be permitted in the Town of Seneca Falls only under the following conditions:

(1)

All animals shall be kept in clean and sanitary premises, structures or enclosures.

(2)

(3)

(4)

(5)

One inside pen shall be provided for each dog or cat boarded or kept.

(a)

(b)

(6)

For every three dog pens there shall be a minimum of one outside run. Each outside run shall:

(a)

Have a concrete base.

(b)

Be enclosed by a minimum six-foot-high chain link fence with shelter and with secure gates.

(c)

Be three feet in width and 10 feet in length. There shall be at least one run with four-foot width and ten-foot length for a giant breed dog.

(7)

(8)

Inspection requirement.

(1)

As heretofore provided, a person may operate as a pet breeder in the Town of Seneca Falls only with a special use permit.

(2)

(3)

All zoning officers shall complete their certification that the premises is in compliance or not in compliance within 20 days of the inspection of the premises by such officials.

(4)

Any owner and/or operator, employee of the owner and/or operator, or agent of the owner and/or operator shall permit representatives of the Town Zoning Officer, the Town Dog Control Officer, the Seneca County Health Department, the Seneca County Sheriffs' Department, the New York State Police, the State Health Department, or any other Town, county or state department or agency that has permitting authority regarding the use of the premises to inspect the premises of a pet breeder for the purpose of ensuring compliance with this chapter at any time it is occupied or open for business.

If, upon inspection as described above, it shall be found that the operator has violated any provisions of this chapter, the Zoning Board of Appeals shall have the power to revoke or suspend the permit and order the animals removed or pet breeders closed after notice and an opportunity for the owner/operator to be heard.

(1)

(2)

Has refused to allow any inspection of the pet breeder as authorized by this chapter; or

(3)

Operates with an expired special use permit.

Any existing pet breeder shall have 90 days from the filing of this chapter with the Secretary of State within which to comply with the specifications of this section.

§ 300-69 Outdoor storage areas, including junkyards and automobile wrecking.

Regulations concerning outdoor storage areas, including junkyards and automobile wrecking, shall be as follows.

Storage of flammable liquids.

(1)

(2)

Fencing and setbacks. All outdoor storage facilities shall be enclosed by a fence or wall adequate to conceal such facilities and the contents thereof from adjacent property.

Deposit of wastes. 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.

§ 300-70 Junkyards.

§ 300-71 Slaughterhouses.

§ 300-72 Planned unit developments.

Purpose.

(1)

(2)

Regulations governing planned unit developments.

(1)

Minimum area. A planned unit development shall include at least five contiguous acres of land.

(2)

Open space. A minimum of 25% of gross site area devoted to residential purposes shall be developed as public open space. Parking areas and roads shall not be considered in calculating open space.

(3)

(4)

Land use. Proposed land uses shall not adversely affect surrounding development and shall be in accordance with the objectives and principles of the Comprehensive Plan.

(1)

(2)

The PUD shall be planned and developed to harmonize with any existing or proposed development in the area surrounding the project site.

(3)

All buildings in the layout and design shall be an integral part of the development and have convenient access to and from adjacent uses and blocks.

(4)

Individual buildings shall be related to each other in design, mass, materials, placement and connections to provide a visually and physically integrated development.

(5)

Treatment of the sides and rear of all buildings within the PUD shall be comparable in amenity and appearance to the treatment given to street frontage of these same buildings.

(6)

The design of buildings and the parking facilities shall take advantage of the topography of the project site, where appropriate, to provide separate levels of access.

(7)

All building walls shall be so oriented as to ensure adequate light and air exposures to the rooms within.

(8)

(9)

All buildings shall be arranged so as to be accessible to emergency vehicles.

(10)

Landscape treatment for open spaces, roads, paths and service and parking areas shall be designed as an integral part of a coordinated landscape design for the entire project area.

(11)

Primary landscape treatment shall consist of shrubs, ground cover and street trees and shall combine with appropriate walks and street surfaces to provide an attractive development pattern.

(12)

Whenever appropriate, existing trees shall be conserved and integrated into the landscape design plan.

(13)

All streets bordering the project area shall be planted at appropriate intervals with street trees.

(14)

(15)

Health Department approval of utility support systems (water and sewage disposal) shall be required. Electric distribution and telephone lines shall be installed underground.

(16)

A complete storm drainage system shall be provided for the proposed PUD, which will include adequate provisions to protect the surrounding area from adverse stormwater runoff.

(17)

(18)

Materials and design of paving, lighting fixtures, retaining walls, fences, curbs, benches, etc., shall be of good appearance, easily maintained and indicative of their function.

(19)

Parking facilities shall be landscaped and screened from public view to the extent necessary to eliminate unsightliness and monotony of parked cars.

(20)

Parking facilities shall be designed with careful regard to orderly arrangement, topography, landscaping and ease of access and shall be developed as an integral part of an overall site design.

(21)

An above-grade loading facility should be screened from public view to the extent necessary to eliminate unsightliness.

Procedure for reviewing planned unit developments.

(1)

An applicant wishing approval for a PUD shall submit two copies of a request to the Town Clerk in the form of a proposal, which shall include:

(a)

(b)

(c)

(2)

(3)

The Planning Board shall forward to the Town Board its recommendation on the proposed PUD, including any conditions and specifications related to such recommendation.

(4)

(5)

Upon completion of the PUD or any stage of it, the Town Board shall authorize the issuance of a certificate of zoning compliance before such PUD shall be occupied and used.

§ 300-73 Cluster development.

Approval. Cluster development shall be subject to the approval of the Town Board based upon a review and recommendation by the Planning Board.

Regulations governing cluster development.

(1)

Permitted district. Cluster development shall only be permitted within the R-1 and R-2 Residential Districts.

(2)

Minimum development area. Cluster development shall apply to a major subdivision of not less than 10 acres in area.

(3)

(4)

Maximum density. The maximum density for the entire subdivision shall be not more than the maximum density permitted in the residential district in which the subdivision lies.

(5)

Minimum lot frontage. The minimum frontage per individual lot may be reduced by not more than 10%.

(6)

Minimum lot depth. The minimum depth per individual lot may be reduced by not more than 10%.

§ 300-74 Beekeeping.

Definitions. As used in this section, the following terms shall have the meanings indicated:

APIARY

A place where bee colonies are kept.

BEE

Any stage of the common domestic honey bee, apis mellifera species.

COLONY

A hive and its equipment and appurtenances, including bees, comb, honey, pollen and brood.

HIVE

A structure intended for the housing of a bee colony.

TRACT

A contiguous parcel of land under common ownership.

Districts where permitted. Beekeeping may be permitted only in the A-1 or A-2 Agricultural Districts. Beekeeping is prohibited in all other districts.

Hives. All hives must maintain a minimum ten-foot setback from the designated side and rear property lines. No hives shall be permitted within the front yard setback.

(1)

One-quarter acre or less: two colonies.

(2)

More than 1/4 acre but less than 1/2 acre: four colonies.

(3)

More than 1/2 acre but less than one acre: six colonies.

(4)

One acre or larger: eight colonies.

(5)