Shandaken City Zoning Code
ARTICLE VI
Supplementary Regulations
§ 116-22 Applicability.
The following supplementary regulations are applicable to all zoning districts within the Town of Shandaken unless otherwise provided herein.
§ 116-23 Performance standards for nonresidential and nonagricultural uses.
No nonresidential or nonagricultural use shall be permitted that does not conform to the following standards of use, occupancy and operation in addition to all relevant provisions of other local, state and federal laws, rules or regulations:
A.
Noise.
(1)
No person shall operate or cause to be operated any source of sound in such a manner as to create a sound level which exceeds the limits set forth for the receiving land use category stated below when measured at or within the property boundary of the receiving land use:
[Amended 12-28-1992 by L.L. No. 3-1992]
Receiving Land Use Category | Time | Sound Level Limit |
|---|---|---|
Residential zones | 7:00 a.m. - 7:00 p.m. | 57 dBa |
(R5, R3, R1.5, HR) | 7:00 p.m. - 7:00 a.m. | 53 dBa |
Commercial zones | 7:00 a.m. - 9:00 p.m. | 64 dBa |
(HC, HB and CLI) | 9:00 p.m. - 7:00 a.m. | 60 dBa |
(2)
For any source of sound which emits a pure tone, a discrete tone or impulsive sound, the maximum sound limits set forth above shall be reduced by five dBa.
B.
Atmospheric effluence. No dust, dirt, smoke, odor or noxious gases that would not normally be associated with a residential or agricultural premises shall be disseminated beyond the boundaries of the lot where such use is located.
C.
Glare and heat. No unreasonable glare or heat shall be produced that is perceptible beyond the boundaries of the lot on which such use is situated. Special efforts shall be required, such as the planting of vegetation and the installation of light shields, to alleviate the impact of objectionable or offensive light and glare produced by exterior sources on neighboring residential properties or public thoroughfares.
D.
Industrial wastes. No solid or liquid wastes shall be discharged into any public sewer, common or private sewage disposal system or stream or into the ground except in strict conformance with the standards approved by the Ulster County Department of Health or other duly empowered agency.
E.
Radioactivity or electromagnetic disturbance. No activities shall be permitted which emit dangerous radioactivity beyond the building in which such activity is located or electrical disturbance adversely affecting the operation of any equipment other than that of the creator of such disturbance.
F.
Fire and explosion hazards. All activities involving and all storage of flammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion and with adequate fire-fighting and fire suppression equipment and devices standard in the industry. All applicable requirements of the New York State Uniform Prevention and Building Code,[1] as well as the provisions of the National Fire Protection Association (NFPA) Code, shall be fully observed. All burning of such waste materials in open fires is prohibited.
G.
Maintenance of developed lots. All open portions of any developed lot shall have adequate grading and drainage and shall be continuously maintained in a dust-free and erosion-resistant condition by suitable landscaping with trees, shrubs, grasses or other planted ground cover or by paving with asphalt, concrete, crushed rock or by other material. Required yard areas shall be planned and maintained in such a manner as to provide an inoffensive setting which is consistent with the general use of the area.
§ 116-24 Parking and loading standards.
In all districts, at the time any new, building or structure is erected, any existing building or structure is enlarged or any new or changed use of either land or structure is established, off-street parking and loading space shall be provided in accordance with the minimum standards set forth below:
A.
Required number of off-street parking spaces.
(1)
The minimum number of parking spaces stated below shall be required in addition to one parking space for each company vehicle associated with commercial, business or light industrial use:
[Amended 2-23-2012 by L.L. No. 2-2012]
Residential Uses | Spaces Required | |
|---|---|---|
Single-family dwelling | 2 | |
Two-family dwelling | 4 | |
Multifamily dwelling | 1.5 per dwelling unit | |
Boarding- or rooming house or similar uses | 1 per guest room, plus required spaces for occupants of other dwelling units on premises | |
General Uses | Spaces Required | |
|---|---|---|
Churches, meeting halls, membership clubs, auditoriums, theaters or other places of public assembly not otherwise specified 1 per 4 seats or 60 square feet of seating area where fixed seating is not provided | ||
Schools | 1 per 12 classroom seats or the auditorium requirement as specified above, whichever is greater | |
Cultural facilities (museum, art gallery, library) or philanthropic and institutional uses | 1 for each 400 square feet of gross floor area | |
Hospital, convalescent home or nursing home | 1 for each 2 beds | |
Cottage or cabin development | 1 for each cottage or cabin, plus necessary spaces for employees | |
Accessory Uses | Spaces Required | |
|---|---|---|
Home occupation | 1 per 125 square feet of such use if customers or clients routinely visit the use, plus 1 per outside employee | |
Roadside (farm produce) stand | 1 parking space per 150 square feet of sales area, or 1 per 200 feet of gross floor area, whichever is greater | |
Business Uses | Spaces Required | |
|---|---|---|
Funeral home | 1 per 5 seats within public areas | |
Medical clinic and related professional health service offices | 5 per professional, plus 1 per employee | |
General or other professional offices | 1 per 125 square feet of office floor area | |
Retail business, store or service shop | 1 per 150 square feet of retail/service floor area or 1 per 200 square feet of gross floor area, whichever is greater | |
Hotel or motel | 1 per guest room, plus necessary spaces for employees | |
Restaurant or other eating and drinking establishment | 1 per 3 seats or 50 square feet of floor area available to patrons, whichever is greater, plus 1 per 75 square feet of outdoor service area | |
Bowling alley, billiard hall, golf course, tennis club or similar use | 4 per alley, tee, court, table or similar measure or 1 per 200 square feet of such use, whichever is greater | |
Light Industrial Uses | Spaces Required | |
|---|---|---|
Light industry | 1 per employee on largest shift, plus necessary spaces for visitors and company vehicles | |
Automobile service facility or similar uses | At least 10, plus 1 per employee | |
(3)
In the case of a combination of uses on a single parcel, the requirement for off-street parking spaces shall be the sum of the requirements for the various individual uses, unless it can be established by the applicant to the satisfaction of the Planning Board during site plan review that staggered hours of use would permit reduction of this requirement.
B.
Design standards for off-street parking spaces.
(1)
Areas which may be considered as meeting off-street parking space requirements may include a garage, carport or other properly developed area available for parking, not to include a public street.
(2)
No parking area shall encroach on any portion of a required front yard or within 50 feet of New York State Route 28 or 25 feet of any other public right-of-way, whichever shall be the less restrictive. Open parking may, however, encroach on a required side or rear yard to within five feet of a property line, except that if parking associated with a nonresidential use is abutting a residential district, a minimum separation of 15 feet shall be maintained.
(3)
In any residential district, required parking spaces shall be fully provided in the side or rear yard of the same lot and shall not encroach on any required front yards.
(4)
In all districts, each parking space provided shall be at least nine feet wide and 20 feet in length. Each space shall have direct and usable driveway access to a street and adequate maneuvering area between spaces in accordance with proper site engineering standards, including the following:
(a)
Parallel curb parking: end-to-end measurement of 25 feet with twelve-foot aisle width for one-directional flow and twenty-four-foot aisle width for two-directional flow.
(b)
Thirty-degree parking: thirteen-foot aisle width for one-directional flow and twenty-six-foot aisle width for two-directional flow.
(c)
Forty-five-degree parking: sixteen-foot aisle width for one-directional flow and twenty-six-foot aisle width for two-directional flow.
(d)
Sixty-degree parking: twenty-one-foot aisle width for one-directional flow and twenty-six-foot aisle width for two-directional flow.
(e)
Perpendicular parking: twenty-six-foot aisle width for one-directional and two-directional flow.
(5)
All parking areas shall be suitably drained, graded, surfaced and maintained. Except for one- or two-family dwellings, parking lot surfacing requirements shall be established by the Planning Board under site plan review, as provided for in Article VIII of this chapter, with particular consideration given to the number of vehicles accommodated and the proposed intensity and season(s) of use. All such parking areas shall be suitably marked to indicate individual parking spaces, maneuvering areas, entrances and exits.
(6)
With the exception of driveways for one- and two-family residences on minor subdivision streets which serve 10 or fewer residences, all off-street parking areas shall be designed to eliminate the need to back out onto any public street, road or highway.
C.
Cash payment in lieu of on-site provision of required off-street parking spaces. Within the HC Hamlet Commercial District, provision of the minimum required number of off-street parking spaces, as calculated in accordance with Subsection A(1) of this section, may be alternatively satisfied for any commercial use, whether permitted by right or by special use permit, by the one-time payment of a fee per parking space required but not provided on-site to a special Town Parking Fund, which fund shall be used exclusively by the Town Board for the development and subsequent maintenance of municipal parking spaces to service the needs of the affected properties and zoning districts within the hamlets of Phoenicia and Pine Hill. The amount of said fee per parking space alternatively provided shall be in accordance with the fee schedule annually reviewed and established by the Town Board. In setting such fee, the Town Board shall take into account the costs of acquiring property, carrying out suitable site development and maintaining the municipal parking facilities.
D.
Required off-street loading berths. Off-street loading, which is designed logically, conveniently located for bulk pickups and deliveries, scaled to delivery vehicles anticipated and accessible to said vehicles when required off-street parking spaces are filled shall be considered for all commercial and light industrial uses and provided as deemed necessary by the Planning Board during site plan review in accordance with Article VIII of this chapter.
§ 116-25 Sign standards.
No sign shall be erected, altered, relocated or maintained in any zoning district except in accordance with the provisions stated herein:
A.
General standards. Any sign or use of signs, whether permitted, temporary or directional, shall conform to the following general standards:
(2)
Shall not attempt or appear to regulate, warn or direct highway traffic or to imitate or resemble official traffic signs, signals or devices.
(3)
Shall not project over property lines or be located within the public right-of-way.
(4)
Shall not rotate or otherwise move, nor be illuminated by or contain flashing, intermittent, rotating or moving light or lights.
B.
Temporary signs. The following temporary signs are permitted without application for and issuance of a permit:
(1)
Construction signs, limited to one unlighted sign not exceeding 32 square feet in surface area and identifying the parties involved in the construction on the premises where the sign is located, but not including the advertisement of any product. Such signs shall be removed immediately upon the issuance of a certificate of occupancy and the initiation of intended use.
(2)
Event signs, not exceeding 24 square feet in surface area, displayed on private property and limited to one such event sign per each premise, announcing a campaign, drive or event of a political, civic, philanthropic, educational or religious organization, to be removed within a period of 10 days after the event.
(3)
Real estate "for sale" signs and signs of a similar nature, not exceeding four square feet per side in area within any residential district or 10 square feet per side in any commercial district, shall be permitted without permit or fee. All such signs shall be removed immediately upon sale or lease of the premises.
C.
Permitted signs. Upon the filing of an application and payment of the required sign permit fee in accordance with a schedule established and review annually by the Town Board, and the issuance of a sign permit by the Zoning Enforcement Officer, the following signs shall be permitted in accordance with the identified standards related to number, size and location:
(1)
For permitted home occupations, a single sign not exceeding four square feet in total surface area and identifying the occupation conducted on the premises. Unless attached to the principal structure, no such sign shall be located closer than 10 feet to the front property line nor closer than 20 feet to any other property line.
(2)
For nonresidential uses within the HC, HB, HR, R1.5, R3 and R5 Districts, a single wall sign not exceeding 24 square feet in total surface area, except as otherwise stated by this chapter, and identifying only the name of the establishment and its principal service or purpose.
[Amended 12-28-1992 by L.L. No. 3-1992]
(3)
For nonresidential uses within the CLI District, a single freestanding or wall sign not exceeding 48 square feet in total surface area and identifying only the name of the establishment and its principal service or purpose. If freestanding, such sign shall not exceed 15 feet in height above finished grade nor be located any closer than 20 feet to any property line.
(4)
Additionally, businesses and public destinations relating to but isolated from primary routes of travel shall be permitted a maximum of two directional signs as a special permit use, subject to the provisions of Article VII, the issuance of a sign permit and the following additional requirements:
(a)
In locations with more than one directional sign, all such signs shall be affixed to a common standard and be graphically coordinated and arranged so as to present a neat and orderly appearance. Any such standard shall be designed to accommodate the later addition of further directional signs.
(b)
No directional sign shall be more than four square feet in area. In areas with more than one directional sign, the aggregate area of all such signs shall not exceed 20 square feet.
§ 116-26 Fences and walls.
A.
In any residential district (R5, R3, R1.5 and HR Districts), fences and walls shall not exceed six feet in height when erected in a required side or rear yard nor exceed four feet in height when erected within 25 feet of the front lot line or highway right-of-way, except agricultural fencing, which may be five feet in height.
[Amended 12-28-1992 by L.L. No. 3-1992]
B.
In the Hamlet Commercial, Highway Business and Commercial/Light Industrial Districts, fences and walls shall not exceed eight feet in height, except that on a residential district boundary line, such fences or walls shall be limited to six feet in height.
[Amended 12-28-1992 by L.L. No. 3-1992]
C.
In any district, all such fences and walls shall additionally conform to the requirements of § 116-15B as pertains to corner lots where special sight clearance considerations are necessary to protect traffic safety.
D.
Location restrictions. No fence shall be erected that will impede the plowing of snow on a public right-of-way.
[Added 11-5-2008 by L.L. No. 4-2008]
E.
Location within property line. All fences or walls must be erected within the property line, and none shall be erected so as to encroach upon a public right-of-way or interfere with vehicular or pedestrian traffic or interfere with visibility on corner lots and/or other structures or vehicles, whether stationary or transitory, on private or public property.
[Added 11-5-2008 by L.L. No. 4-2008]
F.
Fence: a constructed barrier of wood, masonry, stone, wire, metal or any other manufactured or combination of material, or natural plantings, other than temporary uses such as snow fences.
[Added 11-5-2008 by L.L. No. 4-2008]
§ 116-27 Excavation for site preparation.
Nothing contained herein shall prohibit the excavation of sand, gravel, shale, topsoil or similar material from a lot preparatory to construction of a building for which a building permit has been issued or the moving of such material from one part of a premises to another part of the same premises when such excavation or removal is clearly incidental to the approved building construction and/or site development and necessary for improving the property for a use permitted in the land use district in which the property is located. No such material may, however, be sold for export from the site. Provision shall be made to restore an effective cover crop to any area of land from which topsoil has been removed or covered within the first growing season following the start of such operation.
§ 116-28 Development near streams and other waters.
In order to preserve the open character along major streams for environmental and ecological reasons, all development proposed within 100 feet of the normal stream bank of any classified stream within the Town of Shandaken or within 100 feet of the boundary of a freshwater wetland as mapped by the New York State Department of Environmental Conservation shall be subject to special permit review as provided by Article VII. Special permit review shall also apply to any development proposed within 100 feet of any pond, reservoir or other water body in excess of 1/4 acre of water surface area.
§ 116-29 Development in FF-O Flood Fringe Overlay District.
§ 116-30 Agriculture and keeping of animals.
The growing of field or garden crops, vineyards, orchards and nurseries, the keeping of livestock on a lot of three acres or more and the keeping of fowl on a lot of one acre or more shall be permitted in all districts, provided that:
A.
Buildings or structures for such uses shall be located not less than 50 feet from any side or rear lot line and shall additionally conform to the front yard requirements for the principal structure.
B.
The storage of manure or other dust- or odor-producing substances shall be adequately screened from adjacent properties and located not less than 100 feet from any lot line, stream or other water body or well providing a source of potable water nor within 200 feet of the nearest neighboring residential structure.
C.
Where permitted, the aggregate number of adult horses, pigs, cows, beef cattle, sheep, goats or other four-legged domestic-type farm animals shall not exceed two per acre of land.
D.
In addition to four-legged domestic-type farm animals, where permitted, the aggregate number of fully grown chickens, ducks, geese or other fowl or farm birds shall not exceed 20 per acre of land.
§ 116-31 Home occupations.
In any district, home occupations, as defined in § 116-4B, shall additionally conform to the following use limitations:
A.
A home occupation may only be conducted within a dwelling which is a bona fide residence of the principal practitioner of the occupation or in an accessory building thereto which is normally associated with the residential use. For purposes of this chapter, a home occupation occurring fully within the dwelling shall be considered a permitted Class I home occupation; those home occupations occurring wholly or partially in an accessory building or outdoors on the residential premises shall be considered Class II home occupations, which may only be authorized by special use permit, in accordance with Article VII of this chapter.
C.
The home occupation activity, whether located within the dwelling or in a customary accessory structure, shall comply with the applicable requirements of the New York State Uniform Fire Prevention and Building Code and occupy an area of no more than 500 square feet of gross floor area or 25% of the gross floor area of the dwelling, whichever is greater.
[Amended 4-14-1999 by L.L. No. 1-1999]
D.
Except for articles produced on the premises and other articles customarily associated with the product produced or the service provided on the premises, no stock-in-trade shall be displayed or sold on the premises.
E.
No alteration to the exterior of the principal residential building or customary accessory buildings used for the home occupation activity shall be made which change the character thereof as a residential premises, except that a single sign not exceeding four square feet in area shall be permitted as stated in § 116-25C. Any new construction undertaken to accommodate the home occupation activity shall also be wholly consistent with the character of a residential premises.
F.
No outdoor display of goods or outdoor storage of equipment or materials used in the home occupation shall be permitted in the front yard of the premises. Such goods, equipment or materials may be displayed or stored elsewhere on the property if appropriately covered by a structure and/or screened by a fence or natural vegetation, provided that any such outdoor storage does not occur within 20 feet of an adjacent residential premises.
G.
Not more than four persons other than members of the household occupying such dwelling shall be employed on the residential premises in the conduct of the home occupation.
H.
There shall be permitted no sharing, letting or subletting of space for use by others in the conduct of their profession, trade or business.
J.
The home occupation shall be fully consistent with all other provisions of this chapter. When use exceeds the above-cited standards, the use shall not be considered a home occupation and must be located in a zoning district where the use is permitted by right or by special use permit within § 116-10, District Schedule of Use Regulations.
§ 116-32 Residential cluster development.
The Planning Board is authorized simultaneously with the approval of a plat or plats pursuant to Article 16 of the Town Law of the State of New York and the Land Subdivision Regulations of the Town of Shandaken[1] to modify applicable provisions of this chapter in order to accommodate residential cluster developments. Application of this authority shall be subject to the conditions set forth in § 281 of the Town Law and those further requirements and limitations set forth below:
A.
Maximum number of dwelling units.
(1)
The maximum number of dwelling units that may be permitted and approved within a cluster development shall not exceed the number of lots shown on an approvable sketch plat for lot-by-lot development of the site for single-family detached dwellings. Lots shown on the sketch plat shall be fully consistent with both the lot area and bulk requirements of the zoning district or districts in which the cluster development is proposed and the requirements of the town's Land Subdivision Regulations[2] and the Ulster County Health Department for the provision of streets and other required facilities and improvements. Platting shall be restricted to those portions of the site which are considered by the Planning Board to be suitable for residential building development, based on an analysis of the site's topographic, geologic and hydrological characteristics. Any lands which are subject to flooding or are comprised of designated wetlands, ponds, streams or slopes in excess of 20% shall not be considered suitable for building development for purposes of this analysis.
B.
Central water supply and common sewage disposal facilities shall be provided to wholly service any such residential cluster development in accordance with the requirements of the Town of Shandaken and Ulster County Health Department. Municipal ownership of such facilities shall be required to qualify for certain residential density increases set forth for the R1.5 District in the District Schedule of Area and Bulk Regulations.[4]
[Amended 12-28-1992 by L.L. No. 3-1992]
[4]
Editor's Note: The District Schedule of Area and Bulk Regulations appears at the end of this chapter.
C.
While attached or detached dwelling units are permissible within a cluster development, no individual structure shall contain more than four attached dwelling units in the R5 and R3 Districts or more than six attached dwelling units in the R1.5 and HR Districts.
[Amended 12-28-1992 by L.L. No. 3-1992]
D.
Mobile homes shall not be permitted within any residential cluster development as governed by this section, nor shall any residential cluster development occur within the HC District.
E.
The minimum number of residential dwelling units that may be considered eligible for approval as a cluster development shall be six dwelling units, except that in the R5 District four dwelling units may be considered a sufficient number to constitute a cluster development.
F.
Common driveway access shall be provided to the extent considered practicable by the Planning Board.
G.
Common open space totaling not less than 50% of the total cluster development site shall be provided in perpetuity for the use and beneficial enjoyment of all residents within the cluster development. A plan for landscaping and other development of the common open space area shall be reviewed and approved by the Planning Board, specifically including the requirement that a landscaped buffer of deciduous and coniferous trees and shrubs shall be provided to visually separate a cluster development of attached dwelling units or detached units on cluster lots of less than one acre in land area from abutting lot-by-lot residential development. No portion of the minimum required common open space shall be utilized for roads, driveways, utility structures or similar features.
[Amended 12-28-1992 by L.L. No. 3-1992]
H.
A homeowners' association, or similar mechanism, for the long-term ownership and maintenance of common open space shall be provided, subject to the approval of the Town Planning Board during the subdivision review process and to filing with the requisite county and state authorities. Similar provision shall be made for the long-term ownership and maintenance of roadways, drainageways, utilities and other improvements within the cluster development. In addition, the grant of a conservation easement to the Town of Shandaken or a qualified nonprofit land trust acceptable to the town shall be required to ensure the long-term protection of the common open space.
[Amended 12-28-1992 by L.L. No. 3-1992]
I.
The minimum front, rear and side yards required by the District Schedule of Area and Bulk Regulations[5] for the zoning district in which the cluster development is proposed shall be doubled (that is, increased by 100%) to establish the minimum front, rear and side yards required for the cluster development. Doubling of the minimum required front yard does not, however, apply to the required front setback from roads or streets wholly within the cluster development.
[5]
Editor's Note: The District Schedule of Area and Bulk Regulations is included at the end of this chapter.
J.
Maximum structure height within a cluster development shall be restricted to 35 feet, as otherwise applicable within all zoning districts within the Town of Shandaken.
K.
The minimum separation distance between individual residential structures within a cluster development shall be 100 feet in the R5 and R3 Districts, 75 feet in the R1.5 District and 50 feet in the Hamlet Residential (HR) District.
[Amended 12-28-1992 by L.L. No. 3-1992]
L.
Any cluster development consisting of more than 40 dwelling units shall be divided into geographically distinct sections, with no residential structure consisting of attached dwelling units in any one section located less than six times the structure-to-structure separation distances stated above from any residential structure in any other section of the cluster development or any adjoining cluster development. The intervening land area is to be wholly developed and maintained as common open space in lawn, forest or other natural vegetation.
M.
The maximum net density within a cluster development shall be four dwelling units per acre in the R5 and R3 Districts, to six dwelling units per acre in the R1.5 District and to eight dwelling units per acre in the HR District.
[Added 5-12-1993 by L.L. No. 3-1993]
N.
All dwelling units within a cluster development authorized by the Planning Board under the provisions of § 281 of the Town Law[6] shall be designed in the plan and provided for in a homeowners' association agreement to be both individually owned and occupied units.
[Added 5-12-1993 by L.L. No. 3-1993]
[6]
Editor's Note: See now § 278 of the Town Law.
O.
The Planning Board's review and approval of a residential cluster development shall include all elements of site layout, site improvements and exterior building and site design as set forth in either the town's Land Subdivision Regulations[7] or Article VIII of this chapter.
[Added 5-12-1993 by L.L. No. 3-1993]
§ 116-33 Water supply and sewage disposal.
No person shall undertake to construct any new building or structure intended for human occupancy, whether a principal or an accessory structure, within the Town of Shandaken without first meeting the requirements for a system or facilities for both a potable water supply and the separate disposal of sewage, domestic or trade wastes in accordance with the applicable regulations of the Town of Shandaken, the Ulster County Department of Health and the New York State Department of Environmental Conservation.
§ 116-34 Sanitary disposal facilities.
No dump, landfill, sewage disposal site or other disposal area shall be permitted within the Town of Shandaken except where owned or leased and operated by the Town of Shandaken, whether such operation is through its own forces or on a contract basis.
§ 116-35 Swimming pools.
Any outdoor swimming pool, whirlpool or hot tub, as defined within § 116-4, shall, in accordance with the New York State Uniform Fire Prevention and Building Code,[1] be subject to the following safety requirements:
A.
The outdoor swimming pool, whirlpool or hot tub shall be enclosed on all sides by a security fence not less than four feet nor more than six feet in height, or, in the case of a whirlpool or hot tub, a securely locked cover shall be provided.
B.
Such security fence, as may be applicable, shall be provided with a locking gate to prevent accidental entry or unauthorized use of the outdoor swimming pool, whirlpool or hot tub.
§ 116-36 Solar access.
To the extent practicable and in accordance with Chapter 742 of the Laws of 1979, the accommodation of solar energy systems and equipment and the protection of access to sunlight for such equipment shall be encouraged in the application of the various review and approval provisions of this chapter.[1]
[1]
Editor's Note: See Town Law § 263.
§ 116-37 Required screening.
Any enclosed or unenclosed commercial or light industrial use permitted by this chapter shall be provided with a fence, screen and/or landscaping sufficient to obscure objectionable aspects of such use from view from adjoining properties in residential zoning districts and/or public rights-of-way.
A.
Any use which is not conducted within a completely enclosed building, including but not limited to junkyards, storage yards, contractors' yards and parking lots, and which use abuts, is adjacent to or located within a residential district or fronts a public right-of-way, shall be obscured from view from such residential district and public right-of-way in an effective manner.
C.
Any required fences, screens and landscaping installed in accordance with this chapter shall be maintained in good order to achieve the objectives stated herein. Failure to maintain fencing or to replace dead or diseased landscaping shall be considered a chargeable violation of this chapter.
§ 116-37.1 Limited neighborhood business uses.
[Added 12-28-1992 by L.L. No. 3-1992]
Any limited neighborhood business use permitted by the District Schedule of Use Regulations shall comply with the following standards:[1]
A.
The use shall be specifically restricted to retail sales of household goods and personal service establishments with the maintenance of vehicles, tools and appliances, the sale of gasoline and the harboring of animals specifically prohibited.
B.
The use shall not occupy more than 1,000 square feet of gross floor area, inclusive of all customer, storage and office areas.
C.
The use shall not require more than seven off-street parking spaces when developed in strict accordance with the minimum parking standards provided within § 116-24 of this chapter.
D.
The structure and use shall, to the extent practicable, be of a character similar to that of a residential premises.
E.
The use shall not operate between the hours of 9:00 p.m. and 7:00 a.m.
F.
Suitable year-round buffering and landscaping shall be provided in all rear and side yards, with natural vegetation planted and maintained to a depth of 10 feet from any adjacent residential premises.