Shortsville Village
City Zoning Code
City Zoning Code
PART 4
Requirements for Certain Uses
§ 95-40.1 Purpose and applicability.
The purpose of this article is to place requirements on specific uses that have a greater potential to adversely impact surrounding properties but may be desirable and compatible provided proper control and regulation. These requirements are intended to promote the public health, general safety, and neighborhood character of the immediate neighborhood and the larger community.
The following requirements are applicable to the uses, permitted and specially permitted, listed in Parts 2 and 3 of this chapter and contained within this article. Uses allowable by special permit must obtain Planning Board approval via the special use permit process (Article 64) prior to operation. Uses permitted by right do not require Planning Board approval, provided they meet all applicable requirements set forth in this chapter.
§ 95-40.2 Accessory structures and uses.
Accessory structures and uses are permitted in any zoning district in connection with any principal use lawfully existing within such district provided they are located in the side or rear yard. No accessory use or structure shall be established or constructed until the primary use or structure is constructed. Accessory uses and structures deemed to be similar in nature and appropriate by the Code Enforcement Officer may also be allowed in the Village.
Permitted residential accessory uses and structures.
Detached residential accessory uses and structures are permitted provided they meet the following requirements:
Are located in the side or rear yard only;
Are clearly incidental and subordinate to the principal building or use by area, extent, and purpose;
Are in conformance with the height and setback restrictions set forth within that district;
Do not cause the rate of lot coverage to exceed the maximum rate permitted within that district.
Such detached accessory uses and structures may include, but are not limited to:
Decks, patios, and terraces.
Detached residential garage or carport.
Child's playground or playhouse.
Nurseries, home gardens, or greenhouses.
Fallout shelters provided that they shall not be used for any principal or accessory use not permitted in the zoning district.
Fire escapes.
Freestanding radio antennas or dish antennas limited to one meter or less in diameter.
Solar energy systems or green infrastructure techniques, such as rain barrels, rain gardens, or bioswales, when located in the side or rear yard.
Enclosed storage structures.
Attached residential garages, carports, decks and terraces located in the side or rear yard.
Handicapped access ramps, installed permanently, provided they are in conformance with Article 53 of this chapter and do not obstruct access to required parking.
Electric vehicle charging stations when located in the side or rear yard.
Permitted nonresidential accessory uses and structures.
Commercial vending machines in any commercial district, but not within the required setbacks. If located within 150 feet of a residential district, the machine shall be screened from the residential district.
Decks, patios, and terraces when associated with a legal outdoor seating or assembly area.
Detached garage, but only in the rear yard.
Dish antennas two meters or less in diameter located in the rear yard in any commercial district.
Freestanding radio antennas located in the rear yard.
Parking lots and parking areas, including electrical vehicle charging stations, subject to the provisions of Article 51 of this chapter.
Solar energy systems located in the rear yard.
Wind energy conversion systems located in the rear yard, subject to site plan approval (Article 62).
Green infrastructure techniques, such as rain barrels, rain gardens, or bioswales.
Temporary outdoor display of retail merchandise subject to the requirements for outdoor displays set forth in § 95-40.18.
Walkup service windows facing any public right-of-way when accessory to a permitted retail sales and service use.
Permanently installed handicapped access ramps when located in the side or rear yard, provided that the ramp is in conformance with Article 53 of this chapter and does not obstruct access to required parking.
Vehicular wheelchair lifts when located so as not to block windows, force the enclosure of an open front porch, or obstruct access to required parking.
Prohibited accessory uses and structures. The outdoor placement of accessory commercial vending machines in a residential district shall be prohibited.
§ 95-40.3 Adult care facilities.
All adult care facilities shall be maintained and operated according to the regulations set forth by the New York State Department of Health and shall not be permitted within the Village without obtaining proper licensing from the state.
No adult care facility shall be located within 1/4 mile of any other existing adult care facility regardless of municipal boundary lines.
The new construction of units for the use of an adult care facility shall also be subject to the requirements set forth in § 95-40.16A of this chapter.
§ 95-40.4 Adult use and entertainment establishments.
All adult use and entertainment establishments within the Village shall be in accordance with Chapter 31 (the Adult Use and Entertainment Regulation Law) of the Village of Shortsville Code, as well as the regulations set forth in this chapter.
§ 95-40.5 Animals, poultry and bees.
In any residential district, no lot may be used or occupied and no structure may be erected, maintained or used for the raising, harboring or housing of bees, pigeons, swine, goats, rabbits, cows, horses, poultry, foxes, mink, skunks, or any fur-bearing animals or for the raising of dogs or cats in kennels, unless an application is made to the Zoning Board of Appeals, subject to such terms and conditions as may be appropriate in the particular case and in conformity with the following general provision: The Zoning Board of Appeals may consider, where it is material in each case and among the other relevant factors, any danger to the neighboring property of noise or offensive emission of odors or fumes, any detriment to the health, safety, morals or the general welfare of the community and whether such use is appropriate to the particular location.
§ 95-40.6 Automotive sales.
Automotive sales uses shall comply with the following:
The sales area shall be paved, suitably graded and drained, and maintained in a neat and orderly manner;
The number of cars that may be for sale on the premises must be specified on the special use permit. An increase in the number of cars to be sold shall require a new permit;
Exterior illumination shall be provided that meets the minimum determined by the Planning Board as necessary to provide adequate security of the premises; and
Sufficient screening shall be provided along all lot lines abutting or adjacent to residentially zoned or developed property to block any view of operations from all points on such residential property when viewed from ground level.
No repairs other than minor repairs shall be performed on the premises. All maintenance, service, and repairs of motor vehicles shall be performed within an enclosed structure. No motor vehicle parts or partially dismantled motor vehicles shall be stored outside of an enclosed structure or screened area.
No vehicles shall be displayed for sale within 10 feet of any property line that abuts a nonresidential district. No vehicles shall be displayed for sale within 30 feet of any property line that abuts a residential district.
Perimeter landscaping shall be a minimum of 10 feet in width along the street frontage(s).
The retail sales of fuel shall not be permitted.
§ 95-40.7 Automotive service stations or repair shops and gasoline stations.
Automotive service stations or repair shops and gasoline stations shall comply with the following:
Any such use shall be buffered from adjacent uses by no less than 10 feet. The buffer area shall minimally consist either of fencing, evergreen shrubbery, coniferous trees, or any combination thereof that prevents the unwanted transmission of headlight glare across the property line.
The entire site area that is traveled by motor vehicles shall be hard surfaced (i.e., asphalt, concrete, or any other surface that does not release dust or debris).
Sufficient screening shall be provided along all lot lines abutting or adjacent to residentially zoned or developed property to block any view of operations from all points on such residential property when viewed from ground level.
No outdoor storage of materials, merchandise and equipment shall be permitted during nonbusiness hours.
Repair shops and service stations shall comply with the following regulations:
The number of vehicles that can be accommodated on site for repair and storage is to be determined by the Planning Board;
Repair garages shall not be used for the storage, sale, rental or display of automobiles, trucks, trailers, mobile homes, boats, snowmobiles or other vehicles;
All maintenance, service, and repairs of motor vehicles shall be performed fully within an enclosed structure. No motor vehicle parts, partially dismantled motor vehicles, or unlicensed motor vehicles shall be stored outside of an enclosed structure for more than 48 hours; and
A spill prevention plan shall be provided.
Gasoline stations shall comply with the following regulations:
In addition to the information required for site plan review, the plan shall also indicate the location, number, capacity, and type of fuel storage tanks, the number of pumps to be installed, and the depth to the tanks;
No gasoline station or automotive repair shop shall have an entrance or exit for vehicles within 200 feet, as measured along the public street, in which there exists an educational institution, public playground, religious institution, chapel, convent, hospital or public library, and such access shall be not closer to any intersection than 125 feet.
Gas stations may include retail sales of food, convenience items, and minor automotive supplies or liquids provided that the sales of such items are within an enclosed structure and are an accessory use. Sales areas outside of the primary structure may be displayed on the pump islands or the building island only;
Gasoline stations shall be under the control of an attendant at all times during the hours of operation;
All oil drainage pits and hydraulic lifts shall be located within an enclosed structure and shall be located no closer than 50 feet to any property line.
Fuel pumps shall be located no closer than 30 feet from the public right-of-way or 50 feet from any other property lines;
All storage facilities for fuel, oil, gasoline or similar substances shall be underground and shall be at least 30 feet from any property line. Tanks shall be installed and maintained in accordance with all state and federal laws and standards; and
Tanks shall be located at least 500 feet from a place of public assembly as defined by the New York State Uniform Fire Prevention and Building Code.
§ 95-40.8 Bed-and-breakfasts.
In order to protect the residential character of the district in which it is located, a bed-and-breakfast facility shall be limited by the following criteria and/or any other conditions as determined by the Planning Board:
A bed-and-breakfast shall only be permitted as a specified use in a single-family, detached dwelling;
The residential character of the dwelling shall be preserved and no structural alterations, construction features, or site features of a nonresidential nature shall be incorporated. No accessory buildings shall be used for bed-and-breakfast activities;
The owner/operator of the bed-and-breakfast shall live full-time on the premises;
A bed-and-breakfast shall have a maximum of three guest rooms with no more than two guest rooms sharing a single bath and no more than six adult guests at one time. For the purpose of this section, "adult" means any person over the age of 18;
The maximum length of stay for any guest is 14 consecutive days;
Parking shall be provided in accordance with Article 51. The Planning Board shall approve the location and screening of said parking spaces; and
There shall be no change in the outside appearance of the building or premises that detracts from the residential character of the dwelling or from the residential character of the neighborhood, or other visible evidence of the conduct of such bed-and-breakfast other than one sign that shall be in accordance with Article 52 of this chapter, Sign Regulations.
§ 95-40.9 Car washes.
Car washes shall be allowed by special use permit provided they comply with the following regulations:
All washing facilities shall be completed within an enclosed building;
Vacuuming facilities may be outside of the building but shall not interfere with the free flow of traffic on or off the site;
The entire site area that is traveled by motor vehicles shall be hard surfaced (i.e., asphalt, concrete, or any other surface that does not release dust or debris).
A solid masonry wall, fencing, landscaping or any combination thereof shall screen all lot lines abutting or adjacent to residential districts or uses. Said screening shall not be less than four feet but no more than six feet in height;
Where gasoline stations are either a principal use with or an accessory use to the car wash, the requirements of the gasoline station shall also be adhered to; and
In the event a car wash is abandoned, as determined by the Building Official, the owner shall immediately remove any outdoor vacuums, and all signs. The owner shall also provide adequate protection against unlawful entry into the building and onto the property and shall close all vehicular entrances to the property. A car wash shall be considered abandoned if it is inactive for a period of 12 consecutive months.
§ 95-40.10 Day-care facilities, youth or adult.
All day-care facilities shall be maintained and operated according to the regulations set forth by New York State Social Services Law and shall not be permitted within the Village without completion of the proper license and/or registration requirements of the state.
No permanently installed play equipment shall be located in the required front yards.
Day-care facilities in residential districts may be permitted one sign that shall be placed in accordance with Article 52 of this chapter.
Day-care facilities may be conducted in a single-family dwelling provided that such use complies with the following:
Such day-care facility is owned and operated by said single-family homeowner or resident;
Any alterations made to the exterior of the building due to the day-care use are completed in such a way to preserve the residential character of said building; and
§ 95-40.12 Drive-through facilities.
Drive-through facilities may be allowed as stand-alone facilities or as an accessory use to "fast food" restaurants, pharmacies, banks, and other permitted or specially permitted uses provided such facilities comply with the following regulations:
No drive-through facility shall be permitted in the Village Center District;
Each drive-through facility and its associated use shall provide ingress and egress so as to minimize traffic congestion;
Drive-through facilities, including any protective canopies, signage, drive-through travel lanes, or other associated elements, shall meet the setback requirements for the property;
Drive-through facilities with an amplified audio/visual system shall be setback a minimum of 30 feet from the property line. These facilities shall not be located adjacent to residential uses or districts; and
Stacking space for these facilities shall not impede on- or off-site traffic movements. The stacking space shall be delineated from other internal areas through the use of pavement markings that are identifiable during all seasons. The minimum numbers of stacking or queuing spaces required by drive-through activity type are provided in Table 40-1 below.
Table 40-1: Minimum Stacking Requirements | |||
|---|---|---|---|
Activity Type | Spaces | Measured From | |
1. Automated teller machine | 3 | Teller or window | |
2. Bank teller lane | 4 | Teller or window | |
3. Car wash stall, automatic | 9 | Entrance | |
4. Car wash stall, self-service | 3 | Entrance | |
5. Gasoline pump island | 2 | Pump island | |
6. Pharmacy | 4 | Window | |
7. Restaurant drive-through | 6 | Order box | |
8. Restaurant drive-through | 4 | Order box to pickup window | |
9. Oil change and quick lube | 3 | Per bay | |
10. Other | Determined by Planning Board | ||
§ 95-40.13 Eating and drinking establishments.
Eating and drinking establishments shall provide ingress and egress so as to minimize traffic congestion. Eating and drinking establishments that are adjacent to residential uses or districts shall be buffered or screened to minimize visual and auditory impacts in a method approved by the Planning Board and in accordance with the regulations set forth in Part 5; including, but not limited to, landscaping (Article 54), signage (Article 52), lighting (Article 55), and parking (Article 51).
§ 95-40.14 Exterior furnaces.
The construction, installation and operation of exterior furnaces, outdoor solid-fuel heating devices and outdoor wood-burning furnaces are hereby prohibited within the Village of Shortsville.
§ 95-40.15 Home occupations.
Permitted home occupations include, but shall not be limited to, the following uses: lawyer, accountant, author, doctor, engineer, dentist, architect, consultant, realtor, insurance agent/broker, counselor, artist, photographer, teacher, tutor, beautician, barber, tailor, dressmaker, and repairperson, excluding the repair of motor vehicles.
The home occupation shall operate wholly within the principal building; unless the Planning Board grants a special use permit to allow the home occupation to operate within an accessory building. Operation of a home occupation shall be limited by the following criteria:
No more than 1/3 of the floor area of the dwelling will be allowed for the use of the home occupation, or an accessory building of equivalent size;
Not more than one person not residing in the household shall be employed in the home occupation;
There shall be no exterior display or storage of materials, and no other exterior indication of the home occupation or variation from the residential character of the principal building with the exception of a permitted sign. The sign shall be placed in accordance with Article 52 of this chapter;
No offensive noise, vibration, smoke, dust, odors, heat, light, or glare shall be produced;
Use of property as a drop-off point for merchandise not produced by such home occupation is prohibited;
Selling of merchandise not produced by such home occupation is prohibited;
Parking for home occupations shall be permitted in accordance with the parking regulations in Article 51 of this chapter; and
The home occupation shall not involve wholesaling or the storage of automobiles.
Deliveries on residential streets shall be permitted by two-axle vehicles only.
§ 95-40.16 Multifamily dwellings.
Multifamily dwellings, new construction. Development applications for newly constructed multifamily dwelling units shall be subject to site plan review by the Planning Board in accordance with Article 62 of this chapter. In addition to the landscaping (Article 54), signage (Article 52), lighting (Article 55), and parking (Article 51) regulations of this chapter, newly constructed multifamily dwellings are subject to the following specified use requirements:
All dwelling units and structures shall comply with the standards set forth in the New York State Uniform Code. Said standards shall take precedence to this chapter should there be a conflict.
Driveways for ingress and egress shall be as required by the Planning Board.
There may not be less than two and not more than eight units in a single-, two-, or multifamily attached dwelling group. The maximum length of attached structures shall not exceed 150 feet.
Building setbacks.
The minimum side and rear setbacks for any multifamily development within a commercial district shall be 30 feet.
The front or rear of any building shall be no closer to the front or rear of any other building than 40 feet.
The side of any building shall be no closer to the side, front or rear of any other building than 30 feet.
Distance between buildings and driveways.
No driveway or parking lot should be closer than 25 feet to the front of any building or 10 feet to the side or rear of any building.
In the case of an enclosed garage or carport provided as a portion to the main structure, distance requirements for driveways providing access to these accommodations shall not apply.
Buildings shall not have large or long continuous wall or roof planes. Varied roof heights, projecting bays, gables, recesses, and porches shall be used to visually divide larger buildings to produce a scale that is visually compatible with the Village's distinctive aesthetic character. To prevent an out-of-scale, monolithic appearance, larger buildings shall be visually divided into smaller sections no longer than 50 feet in length by gaps, recesses, or other architectural devices in such a way that adjacent buildings and facades define a continuous street wall and the public realm of the street.
Multifamily buildings shall be laid out so that multiple entrances face the street. Each entrance shall be connected by sidewalk to the Village's public sidewalk system. Garage entrance/exit doors are prohibited on the front facade of buildings.
Accessory structures, such as clubhouses, pools, pool buildings, storage buildings, and trash enclosures, shall be located in a manner that does not disturb or encroach upon the public realm of the site (pedestrian walkways, roadways, etc.).
Parking areas may be located in any yard other than the front yard, but no closer than 20 feet from any property line and shall comply with all other regulations of the district in which the use is located.
Each multifamily dwelling development shall provide a recreation area(s) at a standard of 400 square feet for the first 10 units and an additional 100 square feet for each additional five units or fraction of five thereafter. No such recreation area shall contain less than 5,000 square feet. Each such recreation area shall be developed with both passive and active recreation facilities, including the installation of appropriate playground or leisure equipment.
Stairways to upper floors shall be located inside the building.
Unroofed handicap ramps shall be placed in the side or rear yard and shall maintain an eight-foot setback from the respective street or property line.
Multifamily dwellings, by conversion. The conversion of an existing single-family residential building to a multifamily dwelling is subject to the following requirements:
All dwelling units and structures resulting from conversion shall comply with the standards set forth in the New York State Uniform Code. Said standards shall take precedence to this chapter should there be a conflict.
No dwelling unit conversion shall be permitted in a structure with less than 2,400 square feet of gross floor area.
No dwelling unit conversion shall be permitted which results in any dwelling unit having less than the minimum habitable floor area required by Table 40-2 below.
Table 40-2: Minimum Unit Size Requirements | ||
|---|---|---|
Number of Bedrooms | Minimum Unit Size (square feet) | |
i. Zero to one | 650 | |
ii. Two | 800 | |
iii. Three | 950 | |
iv. Four | 1,100 | |
v. Five | 1,250 | |
Any alterations made to the exterior of the building due to the unit conversion shall be completed in such a way to preserve the single-family residential character of said building.
No dwelling unit conversion shall be permitted unless the dwelling, following such conversion, comply with all off-street parking and loading regulations required by Article 51 of this chapter.
Conversion of existing buildings to decrease the number of dwelling units requires alterations or modifications to ensure the discontinued dwelling unit is permanently and fully integrated into a legal dwelling unit with unimpeded access throughout the legal unit.
The integration of a discontinued dwelling unit shall be further evidenced by the removal of those appurtenances that previously supported the discontinued dwelling unit and may include the removal of the kitchen (including appliances, cupboards, plumbing, utility connections, etc.) and utility meters, in excess of one meter per dwelling unit, except in the case of two or more dwelling units where an additional house meter may be permitted.
§ 95-40.17 Outdoor recreation facilities.
For go-cart tracks, electric or gasoline-powered go-cart rides, similar vehicular tracks and miniature golf courses, the following restrictions shall apply:
The sale or use of alcoholic beverages shall be prohibited.
Adequate toilet facilities for employees and customers shall be provided on site.
Operating hours shall be limited to the hours between 10:00 a.m. though 10:00 p.m. Sunday through Thursday and 10:00 a.m. through 11:00 p.m. on Friday and Saturday.
Gasoline or electric-powered go-cart rides, similar vehicular tracks.
No person shall cause or permit the establishment of a go-cart track or similar vehicular track within 500 feet of any residentially zoned district or within 500 feet of any religious institution, educational institution, park, playground or existing go-cart track, similar vehicular track or miniature golf course. For the purposes of this section, measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the property used as a part of the premises for the track and/or course to the nearest property line of a residentially zoned district, religious institution or educational institution or to the nearest boundary of a park or playground;
A solid wall having a minimum height of six feet, incorporating noise-absorbing material on the inside, shall be placed on all sides of the facility that abut residentially occupied property. Noise levels shall be limited to 65 dB as measured 75 feet outside the wall. The remaining sides of the property shall be fenced in with a fence having a minimum height of four feet;
Only operator-owned go-carts or other vehicles shall be allowed. No individually owned go-carts or other vehicles shall be allowed; and
Parking requirements for go-carts and other vehicles are three parking spaces for every one go-cart or similar vehicle.
Miniature golf course uses. A miniature golf course shall be fenced with a fence having a minimum height of four feet.
§ 95-40.18 Outdoor sales and display.
The following requirements shall apply to all commercial operations regardless of the district in which they are located.
The display area shall not exceed 10% of the gross floor area of the primary structure;
The display area shall not block automotive traffic, private sidewalks, fire lanes, or other travel lanes;
Such displays shall be allowed adjacent to a principal building wall and extending to a distance no greater than five feet from the wall;
Such displays shall not be permitted to block windows, entrances or exits and shall not impair the ability of pedestrians to use the building; and
The items for display are for sale and said area is not used for storage purposes.
Personal garage, lawn, yard, or rummage sales shall be allowed without zoning permits provided that no more than two such sales are held on a single property in any twelve-month period for a maximum duration of no more than five days, with a minimum of five days between the ending of a sale and the beginning of a new sale. At the end of a sale, all items that are for sale shall be moved so as not to be visible from the public right-of-way.
§ 95-40.19 Outdoor storage.
Outdoor storage shall be allowed only in nonresidential districts and shall be subject to the following requirements. This section does not affect the storage of trailers, motor homes, recreational vehicles, and watercraft as regulated in § 95-40.25.
Village Center and Neighborhood Commercial Districts.
Outdoor storage shall not be allowed in the front yard;
Outdoor storage shall not occupy more than 10% of the entire lot area;
All outdoor storage shall be fully screened to ensure the area is not visible from the public right-of-way or adjacent residential districts or uses;
Screening shall be of sufficient height and density to completely hide storage from public view, including from streets and other public accessways; and
All screening shall be maintained in such a manner as to present a neat and orderly appearance at all times.
General Commercial and Industrial Districts.
Outdoor storage shall not be allowed in the front yard;
All outdoor storage shall be fully screened to ensure the area is not visible from the public right-of-way or adjacent residential districts or uses;
Screening shall be of sufficient height and density to completely hide storage from public view, including from streets and other public accessways;
All screening shall be maintained in such a manner as to present a neat and orderly appearance at all times; and
Contractor material and equipment storage must be a minimum of 200 feet from a residential or open space district.
§ 95-40.21 Public utilities.
Public utility installations shall be subject to site plan review by the Planning Board in accordance with Article 62 of this chapter. In addition to the landscaping (Article 54), signage (Article 52), lighting (Article 55), and parking (Article 51) regulations of this chapter, public utilities shall also comply with the following:
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. Additionally, the location, design, and operation of such facility shall not adversely affect the character of the surrounding residential area;
Such facility shall be surrounded by a fence approved by the Planning Board;
Such facility shall be landscaped in a manner approved by the Planning Board;
To the extent practicable, equipment shall be stored so as not to be visible from surrounding properties; and
Any additional requirements determined to be necessary to protect the public's health, safety, and welfare by the Planning Board through site plan review.
§ 95-40.22 Telecommunications facilities.
Intent. The intent of these regulations is to promote the health, safety and general welfare of the residents of Shortsville. Specifically, these regulations are intended to:
Provide standards for the safe provision of telecommunications consistent with applicable federal and state laws and regulations.
Minimize the number of telecommunications towers in the community by encouraging shared use of existing and future towers and the use of existing tall buildings and other high structures.
Minimize adverse visual effects from telecommunications facilities by requiring careful siting, visual impact assessment and appropriate screening.
Applicability. No telecommunications facility shall be used, erected, moved, reconstructed, changed or altered without obtaining a special use permit. All applicants shall submit a complete site plan for review and must be in conformity with these regulations. No existing structures shall be modified to serve as a telecommunications facility unless in conformity with these regulations. These regulations shall apply to all districts. Where these regulations conflict with other laws and regulations of the Village of Shortsville, the more restrictive shall apply, except for tower height restrictions, which are governed by these specified use standards. Exemptions to these regulations are limited to:
New uses which are accessory to residential uses, such as satellite dishes and television antenna(e).
Amateur radio operators as licensed by the Federal Communications Commission (FCC).
Lawful or approved uses existing prior to the effective date of these regulations.
The installation of a commercial communications antenna(s) on an existing structure, provided the following criteria are met:
The existing structure is not increased in height or otherwise modified so as to change its visual appearance;
The antenna(s) does not extend above such structure more than 10 feet; and
The applicant provides the necessary documentation to the Code Enforcement Officer to verify the existing structure and proposed antenna(s) installation would comply with the New York State Uniform Code.
General requirements.
The Village Planning Board shall review all applications. A special use permit shall not be granted unless the applicant can demonstrate that the proposed telecommunications facilities:
Are necessary to meet the current or expected demand for service;
Conform with all applicable regulations promulgated by the Federal Communications Commission (FCC), Federal Aviation Administration (FAA) and other federal agencies;
Are considered a public utility in the State of New York;
Are designed and constructed in a manner which minimizes visual impact to the extent practical;
Are proposed on the most appropriate site among those available within the technically feasible area for the location of a telecommunications facility; and
When including the construction of a tower, such tower is designed to accommodate future shared use by at least one other telecommunications service provider. Any subsequent location of telecommunications equipment by other service providers on existing towers specifically designed for shared use shall not require a new or modified special use permit if there would be no increase in the height of the tower. However, the additional equipment will require site plan approval.
The site plan shall show elevations, height, width, depth, types of materials, color schemes and other relevant information for all existing and proposed structures, equipment, parking, access, and other improvements. The site plan shall also include a description of the proposed telecommunications facility and such other information that the Village Planning Board requires.
A completed environmental assessment form (EAF), including a visual EAF addendum, pursuant to State Environmental Quality Review Act (SEQRA). Particular attention shall be given to the visibility of the facility from key viewpoints identified in the visual EAF, existing treelines and proposed elevations.
A landscape plan delineating the existing trees or areas of existing trees to be preserved, the location and dimensions of proposed planting areas, including the size, type and number of trees and shrubs to be planted, curbs, fences, screening elevations of fences and material used.
The Planning Board may, at the expense of the applicant, employ its own consulting assistance to review the findings and conclusions of the safety analysis, visual analysis or structural inspection provided by the applicant.
The applicant shall be required to post a bond to cover the cost of removal, as well as the cost of landscape remediation according to the Village Engineer's specifications.
Co-location.
The shared use of existing telecommunications facilities or other structures shall be preferred to the construction of new facilities. Any special use permit application, renewal or modification thereof shall include proof that reasonable efforts have been made to collocate onto an existing telecommunications facility or upon an existing structure, such as a silo, water tank or emissions stack. The application shall include an adequate inventory report specifying existing telecommunication towers and structures exceeding 75% of the height of the proposed tower within the applicant's cell grid area. The inventory report shall contain an evaluation of opportunities for shared use as an alternative to the proposed location.
The applicant must demonstrate that the proposed telecommunications facility cannot be accommodated on existing telecommunications facility sites in the inventory due to one of the following reasons:
The planned structure would exceed the structural capacity of existing and approved telecommunications facilities, or other structures, considering existing and planned uses for those facilities;
The planned equipment would cause radio frequency interference with other existing or planned equipment, which cannot be reasonably prevented;
Existing or approved telecommunications facilities or structures do not have space on which proposed equipment can be placed so it can function effectively and reasonable;
Other technical reasons make it impractical to place the equipment proposed by the applicant on existing facilities or structures; or
The property owner or owner of the existing telecommunications facility or other structure refuses to allow such co-location.
Lot standards.
A lot leased or owned for the purpose of construction of a tower as part of a telecommunications facility shall not result in the creation of a nonconforming lot.
All telecommunications facilities shall comply with the greater of the setback standards of the underlying zoning district, the fall zone of the tower or the height of the tower.
The entire fall zone may not include public roads and must be located entirely within property either owned or leased by the applicant of for which the applicant has obtained an easement and may not contain any structure other than those associated with the telecommunications facility.
Lighting, screening and aesthetics.
Towers shall not be artificially lighted and marked beyond requirements of the Federal Aviation Administration (FAA). However, an applicant may be required to add FAA-style lighting and marking if, in the judgment of the Village Planning Board, such a requirement would be of direct benefit to public safety.
The use of any portion of a telecommunications facility for signs, promotional or advertising purposes, including but not limited to company name, phone numbers, banners, streamers or balloons, is prohibited.
The facility shall have the smallest visual effect practicable on the environment, as determined by the Village Planning Board. Any tower that is not subject to FAA marking pursuant to Subsection F(1) of this section shall:
Have a galvanized finish or shall be painted gray above the surrounding tree line and gray or green below the tree line, as deemed appropriate by the Village Board; or
Be disguised or camouflaged to blend in with the surroundings, to the extent that such alteration does not impair the ability of the facility to perform its designed function.
Accessory facilities shall maximize the use of building materials, colors and textures designed to blend in with the natural surroundings.
The applicant shall be required to submit a completed visual environmental assessment form (EAF). In addition to a visual EAF addendum, the Village Planning Board may require visual and aesthetic information, as it deems appropriate on a case-by-case basis. Such additional information may include, among other things, line-of-sight drawings and/or visual simulations.
Proposed telecommunications facilities shall have appropriate vegetative screening around the tower base area and any accessory facilities to screen their view from neighboring residences, recreation areas or public roads. Such screening shall include the maximum feasible retention of existing vegetation. The Village Planning Board may similarly require screening adjacent to waterways, landmarks, refuges, community facilities or conservation or historic areas within common view of the public.
Access and parking.
Access driveways shall make maximum use of existing public or private roads to the extent practical.
Parking areas shall be sufficient to accommodate the greatest number of service vehicles expected on the premises at any one time.
Driveways or parking areas shall provide adequate interior turnaround, such that service vehicles will not have to back out onto a public thoroughfare.
Equipment or vehicles not used in direct support, renovation, additions or repair of any telecommunications facility shall not be stored or parked on the facility site.
Security.
Towers and accessory facilities shall be surrounded by a fence or wall, including barbed wire to prevent accidents, at least eight feet in height of a reasonable design approved by the Village Planning Board, but with limited visual impact.
A security system shall be provided with adequate lighting. Such lighting should only occur when the area within the fenced perimeter has been entered.
There shall be no permanent climbing pegs within 30 feet of the ground of any tower.
A locked gate at the junction of the access driveway and a public thoroughfare may be required to obstruct entry by unauthorized vehicles. Such gate must not protrude into the public right-of-way.
Engineering and maintenance.
All telecommunications facilities shall be built, operated and maintained to acceptable industry standards, including but not limited to the most recent applicable standards of the Institute of Electronic and Electronic Engineers (IEEE) and the American National Standards Institute (ANSI).
A New-York-State-licensed professional engineer shall inspect all telecommunications facilities at least every five years for structural integrity. A copy of the inspection report shall be submitted to the Code Enforcement Officer.
§ 95-40.23 Temporary storage units.
Purpose. The following regulation has been adopted to ensure that placement of enclosed temporary storage units does not negatively impact the residential character of the neighborhoods in which they are placed, as well as to promote the health, safety, and welfare of the Village of Shortsville.
Registration required. It shall be unlawful for any person or entity to place or permit the placement of an enclosed temporary storage unit on property located within any residential zoning district without registering such unit with the Code Enforcement Officer.
Eligible registrants. Only the property owner may register a unit. A renter, lessee, or other legal resident may register a unit if they have the written permission of the property owner.
Placement of units.
Units shall only be placed in the driveway or, if access exists, at the side or rear of the lot. The unit may not be placed in the front yard.
Units may not be placed on lots with no principal building or residential unit.
Units shall be set back at least five feet from any lot line and five feet from any structure.
Allowable number of units. Only one enclosed temporary storage unit may be placed upon any residential lot at one time.
Unit size. Units shall not have a footprint exceeding 130 square feet or a height of more than eight feet.
Duration. The enclosed temporary storage unit shall be located at such address for a maximum of 30 consecutive days, including the days of delivery and removal. The registration may be extended an additional 15 days upon request to and approval by the Code Enforcement Officer.
Maximum number of registrations. Each lot is limited to a maximum of four registrations per calendar year, and a minimum of 15 days shall elapse between the end of one registration and the beginning of another.
Maintenance. The registrant shall be responsible for ensuring that the enclosed temporary storage unit is maintained in good condition, free from evidence of deterioration, weathering, discoloration, graffiti, rust, ripping, tearing, or other holes or breaks at all times.
Prohibited materials and uses. Solid waste, construction debris, demolition debris, recyclable materials, business inventory, commercial goods, goods for property other than that at the residential property where the enclosed temporary storage unit is located or any other illegal or hazardous material or use is prohibited.
Registration requirements. Prior to the initial delivery of the enclosed temporary storage unit, the owner shall register said unit with the Code Enforcement Officer. The registration form shall contain:
The name of the registrant to whom the enclosed temporary storage unit is supplied;
The registrant's property status: owner, renter, lessee, etc.;
The address at which the enclosed temporary storage unit will be placed;
The delivery date and removal date;
The active building permit number, if applicable;
A sketch depicting the location and the placement of the enclosed temporary storage unit on the lot; and
Signature of the parcel owner or other legal occupant with the written permission of the parcel owner.
§ 95-40.25 Trailers, motor homes, recreational vehicles and watercraft.
It shall be unlawful for any person, firm or corporation to park a trailer, motor home, recreational vehicle, or watercraft on any street, alley, right-of-way or other public place.
No trailer, motor home, recreational vehicles, or watercraft shall be parked, stored, used or occupied on any tract or parcel of land except as herein provided:
Up to two vehicles or watercraft for personal use, such as, but not limited to, boats, campers, recreational vehicles, trailers, or motor homes may be parked on a residential lot for the purpose of storage;
Said vehicle(s) may be parked or stored on a paved surface that is located behind the front building line; and
This section does not affect trailer, motor home, recreational vehicle, and watercraft sales or rental in a designated Commercial or Industrial District.
§ 95-40.26 Waste and refuse.
Dumping or burning of refuse, waste material and other substances is hereby prohibited in all districts. This is not, however, to be construed as prohibiting filling to establish grades if a permit therefor is obtained from a Code Enforcement Officer, provided that the material used therefore shall consist solely of clean dirt, gravel and other clean fill and that said material must be leveled off and covered with at least four inches of clean dirt, subject to such other requirements as may be required by the Board of Trustees.
§ 95-40.27 Transportation and freight terminal facilities.
Repair and service of commercially licensed vehicles may be permitted with the issuance of a special use permit for motor vehicle repair within an enclosed building.
Loading doors or docks shall not be located adjacent to any residential use or zone or along street frontage.
Any outdoor storage of materials shall be subject to the outdoor storage requirements specified in § 95-40.19.
Idling of vehicles shall be limited to five minutes in any sixty-minute period unless required for mechanical or electrical operations and not for cabin comfort or nonessential equipment or for emergency operations. Facility owners shall be responsible for compliance. (Ref: Environmental Conservation Law, Part 217-3)
A fueling station may be allowed as an accessory use with the issuance of a special use permit.
Additional landscaping and buffering beyond the standards set forth in Article 54 may be required by the Planning Board if the facility is adjacent to less intensive uses such as retail, residential, or mixed uses.
The Board shall also take into consideration the character of the area, the traffic impacts, the proximity to arterial roadways suitable for large trucks, and other pertinent issues.