South Bristol Town, NY Zoning Ordinance

South Bristol Town City Zoning Code

ARTICLE V

Special Use Requirements

§ 170-22 Intent.

Because of their unique characteristics, it is recognized that certain uses require special consideration by the Planning Board before a permit is issued for the use of land within the Town. The uses that require special permits are listed in Article IV, District Regulations. The Planning Board is also authorized to consider any use not listed in Article IV to determine its similarity to other permitted uses. All special uses shall conform to the requirements enumerated in § 170-22B. Additional and specific requirements are listed for some special uses in the remaining sections of Article V.

Special use permits. Pursuant to Town Law § 274-b, the Planning Board shall hear all special use permit applications, to decide such questions as are involved in determining whether special use permits should be granted and to grant special use permits with such conditions and safeguards as are appropriate under this chapter or to deny special use permits when not in harmony with the purposes and intent of this chapter.

The applicant for a special use permit shall show to the satisfaction of the Planning Board that the proposed special use:

(1)

Is consistent with the Comprehensive Plan of the Town.

(2)

Is in harmony with the purposes of this chapter and with the regulations for the zoning district in which the proposed special use is to be located.

(3)

Will not adversely affect the character of the neighborhood.

(4)

Will not be detrimental to nearby properties.

(5)

Will have no adverse impact on the physical or environmental conditions of the neighborhood or district.

(6)

Meets all the conditions for land conservation districts or any other restrictive overlay districts, if appropriate.

(7)

Meets all the conditions that may be required under SEQR.

Establishment of conditions.

(1)

The Planning Board may attach such reasonable conditions and restrictions as are directly related to and incidental to the proposed special use.

(2)

The planning board may limit the duration of a special use permit, provided that the specific time limit is reasonable and directly related to and incidental to the proposed special use permit.

(3)

Any violation of the conditions imposed upon a special use permit shall constitute grounds for revocation by the Planning Board.

Procedures.

(1)

The Planning Board shall hold a public hearing before it issues a special use permit, as required by the New York State Town Law § 274-b, Subdivision 6. Owners of adjacent properties, or of properties that are likely to be impacted by the proposed special use shall be notified by regular mail of the subject, the date and place of the public hearing.

(2)

If the Planning Board rejects and application for a special use permit, it must state its reason for the rejection in writing to the applicant. The applicant may appeal that decision to the Zoning Board of Appeals.

(3)

If a property changes hands, then any special use permits held at the time of sale by the seller of the property shall be transferred to the buyer of the property by the Zoning Officer. All such transfers shall be without fee.

Site plan approval. As some of the special uses defined herein may have significant impact upon the Town in terms of development, construction or use of properties, it shall be required that the following special use proposals shall also be submitted to the Town Planning Board for site plan review and approval:

(1)

Section 170-23, Special use permit application procedures.

(2)

Section 170-24, Mobile home parks.

(3)

Section 170-25, Kennels.

(4)

Section 170-26, Reserved.

(5)

Section 170-27, Essential services.

(6)

Section 170-28, Public uses.

(7)

Section 170-29, Multiple-family and two-family dwellings.

(8)

Section 170-30, Mining.

(9)

Section 170-31, Campgrounds.

(10)

Section 170-32, Reserved.

(11)

Section 170-33, Motor vehicle service stations and public garages.

(12)

Section 170-34, Outside storage and display for sales and service business.

(13)

Section 170-35, Junkyards.

(14)

Section 170-36, Antenna towers.

(15)

Section 170-37, Home occupations.

(16)

Section 170-38, Additional residential structures on the same lot.

(17)

Section 170-39, Commercial greenhouses.

(18)

Section 170-40, Residential windmills.

(19)

Section 170-41, Commercial windmills.

(20)

Section 170-42, Industrial windmills.

(21)

Section 170-43, Special events venues.

(22)

Sections 170-44 through 170-49, Reserved.

(23)

All applications for the filling of land in all districts that will result in an obstruction of a scenic view.

(24)

All special uses in all commercial districts.

(25)

All uses in the, C-1, R-3, LR and PD Districts, including uses not requiring a zoning/building permit.

§ 170-23 Special use permit application procedures.

Special use permit applications.

All applications for special use permits shall be made to the Code Enforcement Officer on forms provided by him.

As part of the application, the owner must provide written consent to allow the Planning Board members to enter onto the subject property for purposes of inspecting it relative to the special use permit application.

The Code Enforcement Officer, after determining that an application is complete and in proper form, shall transmit copies of the application and all supporting documents to the Planning Board, as provided for in Article V, for action thereon. Some special uses shall also require site plan review and approval by the Planning Board per § 170-22E of this chapter. In those instances, the application and all supporting documents shall also be transmitted to the Planning Board.

The applicant shall prepare a site plan of the special use and subject parcel, in accordance with this chapter, and shall comply with the review process under SEQR.

A copy of the complete application and supporting documents shall also be transmitted to the County Planning Board for review when required under Article 12-B, § 239-m, of the General Municipal Law.

The Planning Board shall fix a time and place for a public hearing thereon and shall provide for the giving of notice as required by law by publishing a notice in the official newspaper of the Town at least five days' prior to the date thereof. The Clerk of the Board shall mail a copy of such notice thereof to the applicant.

The Planning Board shall, within 62 days after the public hearing at which the application was considered, advise the applicant, the Code Enforcement Officer and the Town Clerk of its findings regarding the factors considered and other problems which can be anticipated from the proposed activity and of its approval, with any condition the Planning Board may find necessary, or of its disapproval, with its reasons in writing. A copy of the appropriate minutes may suffice for this notice. Whenever the Planning Board, after hearing all the evidence presented upon an application for a special use under the provisions of this chapter, denies or rejects the same, said Board shall refuse to hold further hearings on the same or substantially similar application by the same applicants, their successors or assigns for a period of one year, except as provided for in Town Law § 267 et seq.

§ 170-24 Mobile home parks.

Mobile home parks may be permitted as a special use in the R-5 District, provided that:

General provisions.

(1)

The minimum site area of proposed mobile home parks shall be not less than 10 acres.

(2)

Mobile home lots shall have an area of not less than 7,200 square feet. Each mobile home lot shall front on an interior park roadway and have a minimum width of 60 feet. An iron stake shall be located and maintained by the park owner at each corner of each mobile home lot.

(3)

Minimum front setbacks for mobile homes shall be 20 feet from the private right-of-way; minimum side setbacks shall be five feet in one side with a total of 20 feet on both sides; and minimum rear setbacks shall be 10 feet.

(4)

The minimum setbacks of every mobile home, building or other structure in a mobile home park from the nearest public right-of-way line shall be 75 feet and from every other major lot line of the mobile home park shall be 40 feet.

(5)

Not more than one mobile home shall be located on any one mobile home lot. Every mobile home within a mobile home park shall be located on a mobile home lot or in a designated storage area shown on the approved site plan for said park.

(6)

At least one service building shall be constructed in each mobile home park which shall be adequate to provide for storage of all equipment, tools and materials necessary for the maintenance of the park, and all such equipment, tools and materials shall be stored within said building when they are not in use.

(7)

All mobile home lots shall be provided with a patio of cement or concrete at least eight feet by 20 feet four inches in depth. Such patio shall not be used as a parking space, and no portion of the mobile home shall be located on such patio.

(8)

Each mobile home lot must have not fewer than two off-street parking spaces. Such parking spaces shall be connected to the entrance of the mobile home by a paved sidewalk having a minimum width of 24 inches and a minimum depth of 3 1/2 inches of concrete or two inches of compacted asphalt.

(9)

No boats, campers, travel trailers, recreational vehicles, vessel, or unregistered and unlicensed motor vehicles shall be parked or stored at any place within a mobile home park except in areas designated and approved for such storage as part of the site development plan approval.

(10)

Every roadway within a mobile home park shall have a minimum pavement width of 22 feet and a minimum right-of-way of 50 feet. If a cul-de-sac exist, they shall have a minimum diameter of 70 feet.

(11)

A complete water distribution system approved by the New York State Health Department, Department of Environmental Conservation or other appropriate agencies, including a water service pipe for each mobile home lot and appropriately spaced fire hydrants, shall be installed.

(12)

A sanitary sewage disposal system approved by the New York State Health Department, Department of Environmental Conservation or other appropriate agencies shall be installed, including a connection for each mobile home lot.

(13)

An adequate storm drainage system shall be installed.

(14)

All public utility, electric, gas, cable television and telephone lines shall be installed underground.

(15)

Appropriate lighting shall be installed on interior roadways, with the minimum number of lights being one at each intersection of interior roadways with each other or with abutting public roads and at least every 200 feet where such intersections are more than 200 feet apart.

(16)

A landscape plan shall be prepared and carried out which will assure that an appropriate planting of trees and shrubs will be included in the park design, including screening where necessary.

(17)

No mobile home shall be located in a mobile home lot until the roadways, sanitary sewage disposal system, water supply system and storm drainage system serving said mobile home lot have been installed in accordance with the approved site development plan for the mobile home park.

(18)

Each roadway shall be named and noted upon signs at each roadway intersection. Each mobile home lot shall be assigned a permanent number which shall be noted on the mobile home lot in a location clearly visible from the roadway.

(19)

All fuel tanks within a mobile home park, including all fuel tanks used for heating within mobile homes, shall be installed underground in accordance with the New York State standards.

(20)

Every mobile home shall have a recreational area or open space area for use by the occupants of the mobile home park. Such areas shall be as centrally located as the topography and design of the park permit. Such areas shall be not less than 1,000 square feet per mobile home lot in the park.

(21)

The park owner shall provide for the regular collection and disposal of garbage, trash and rubbish.

(22)

Not more than one accessory building shall be permitted on any mobile home lot.

(23)

Each mobile home shall be enclosed at the bottom with either a metal, wood or vinyl skirt or enclosure within 30 days after the placement of the mobile home on the lot.

(24)

No enclosure or addition having a ground area greater than 50% of the ground area of the mobile home shall be constructed on or added or attached to the exterior of any mobile home. Any enclosure or addition shall have a concrete floor or other suitable floor on a concrete base. Such enclosure must be constructed of wood or metal frame and siding and must be portable as a unit or in sections. The foregoing provisions of this subsection shall not apply to carports. A zoning permit must be obtained from the Code Enforcement Officer prior to construction of any such enclosure or addition, and the application therefor must show a detailed plan of the proposed construction, showing compliance with the terms of this chapter. Such structure must be completed or entirely removed from the mobile home park within two months of the date of issuance of such permit.

(25)

No mobile home shall be offered for sale, displayed for sale or sold within a mobile home park unless such mobile home is located on a mobile home space and is connected to an electric public utility supply and to a sewer and water system.

(26)

Every roadway within a mobile home park shall be maintained in good repair and shall be open at all times, as reasonably possible, for travel by occupants of the park and necessary fire, police, ambulance, public utility maintenance and fuel supply vehicles. The park owner shall be responsible for providing and paying the cost of such maintenance and all necessary snow removal.

Register of occupants. The owner of every mobile home park shall keep a record of the occupants and the mobile homes located within the park. A copy of such register shall be made available to the Code Enforcement Officer upon demand. Such register shall contain the following:

(1)

The name and last address of each occupant.

(2)

The make, model, year and serial number of each mobile home and the mobile home lot within the park on which the same is located.

(3)

The dates of arrival and departure of each mobile home.

Sale of lots. Any sale of a mobile home space or spaces or portion of a mobile home park, other than the entire mobile home park, as shown on the plan of such park approved by the Town, shall thereupon immediately invalidate the permit for such park approved by the Planning Board.

A site plan shall be submitted with the application for Planning Board review and approval.

§ 170-25 Kennels.

Kennels may be allowed as a special use in any district, provided that:

Shelters for animals shall not be closer than 100 feet to any lot line.

No outdoor area enclosed by fences shall be located closer than 50 feet to any lot line.

No kennel shall be located closer than 300 feet to an existing residential dwelling on an adjacent lot.

There shall be no incineration of any animal waste/refuse upon the premises.

The application shall contain provisions for:

(1)

Location of shelter(s) and fenced enclosures on the property. [NOTE: A copy of the Tax Map is acceptable for these purposes.]

(2)

Approximate location of neighboring homes. [NOTE: A copy of the Tax Map is acceptable for these purposes.]

(3)

Adequate measures to prevent offensive noise and odor.

(4)

Disposal of all animal wastes.

(5)

Disposal of dead animals.

(6)

Adequate measures to control rodents.

Regular veterinary care shall be required, and a record of such care shall be maintained and available for inspection.

All applications for this special use permit are subject to site plan review and approval by the Planning Board.

As part of the application process for this special use permit, the applicant shall provide written consent for the Code Enforcement Officer to enter upon the subject premises for the purpose of inspecting the subject premises for compliance with the special use permit as issued as well as for any code violations.

Kennels with more than eight dogs six months or older are contrary to the Comprehensive Plan and general intent of the Zoning Code of the Town of South Bristol and are not compatible with the health, safety, or general welfare of the citizens of the Town and are, therefore, not permitted within the boundaries of the Town of South Bristol.

§ 170-27 Essential services.

Essential services may be permitted as a special use in any district, provided that:

The proposed installation in a specific location is necessary for the efficiency of the essential service.

The design of any building associated with the service shall conform to the general character of the area and will not adversely affect the safe and comfortable enjoyment of property rights in the district in which it is to be located.

Adequate and attractive fences and appropriate safety devices will be provided.

A buffer strip of at least 10 feet in depth shall be provided around the perimeter of the lot.

Adequate off-street parking shall be provided.

§ 170-28 Public uses.

A public use is defined as a publicly owned project or a privately owned project that is available for use by the public. Public uses may be permitted as a special use in all districts.

The application shall include adequate evidence that the proposed use/building is eligible as a public us, as defined by this chapter, and all appropriate licenses and certifications that may be required by regulating agencies are provided.

The application shall contain a detailed description of the types of uses to be provided.

A site plan showing location of all proposed structures, uses, parking, landscaping, lighting, fencing, etc., must be provided for Planning Board review and approval.

§ 170-29 Multiple-family dwellings.

[Amended 12-9-2024 by L.L. No. 1-2024]

Multiple-family dwellings may be permitted as a special use in the R-1, R-3, R-5, NC and C-1 Districts, provided that:

(1)

Apartment buildings shall contain no more than 12 dwelling units.

Minimum habitable floor area requirements.

(1)

Apartment unit:

(a)

Minimum square footage: 320 square feet.

(b)

Additional 100 square feet of living space required per occupant.

Setback requirements. Minimum area and yard requirements for each multiple-family dwelling shall be as follows:

(1)

Setback:

(a)

Front and rear: 75 feet.

(b)

Side: 50 feet.

(2)

Minimum distance between buildings: 50 feet.

(3)

Every building shall have a minimum setback of 30 feet from all interior roads and a minimum setback of 10 feet from parking areas.

Services/utilities.

(1)

All public utilities shall be installed underground.

(2)

All sewage/water facilities shall comply with the regulations of the appropriate agencies, and all plans shall be approved prior to the issuance of a zoning permit.

Recreation/open space. A minimum of 10% of the total area shall be designated as common recreational area. Required setbacks, parking areas, streets and roads cannot be counted as part of the recreational area.

A site plan shall be submitted with the application for Planning Board review and approval.

§ 170-30 Mining.

Mining operations may be permitted as a special use in the R-1, R-3, R-5, NC, C-1 and C-2 Districts, provided that:

The minimum lot area for any such use shall be 10 acres.

All buildings and excavations shall be located or shall occur not less than 100 feet from any lot line. The setback area shall not be used for any use in conjunction with any excavation, storage of material or waste or appurtenant activities.

All equipment used for excavation and processing shall be constructed, maintained and operated in a manner, as far as practicable, to reduce noises, vibrations and dust conditions which may be injurious or a nuisance to any persons living within the vicinity.

All operations shall be conducted between the hours of 7:00 a.m. and 7:00 p.m., except in the case of a public or private emergency or whenever reasonable and necessary repairs to equipment are required to be made.

All lands which have been excavated must be rehabilitated in accordance with reclamation plans which shall be approved by the Planning Board as part of its site plan approval.

The site shall be enclosed by a fence, berm or by other measures to ensure that the health and safety of the residents are protected.

All topsoil shall be stripped from the excavation area and stockpiled to be used as part of the restoration plan. The location of the stockpiling shall be identified in the site plan. Additionally, the site plan shall show drainage plans and sediment control measures.

No site preparation or construction shall commence until all required permits have been issued by the New York State Department of Environmental Conservation under the New York State Mined Land Reclamation Law and/or any other appropriate governmental agencies.

A site plan shall be submitted with the application for Planning Board review and approval.

§ 170-31 Campgrounds.

Campgrounds may be permitted as a special use in the R-1, R-3, R-5, NC and C-1 Districts, provided that:

Campgrounds shall be occupied only by travel trailers, pickup coaches, motor homes, camping trailers, recreational vehicles and tents suitable for temporary habitation and used for travel, vacation and recreation purposes. No permanent external appurtenances, such as carports, cabanas or patios, may be attached to any travel trailer or other vehicular accommodation parked in a campground, and the removal of wheels and placement of a unit on a foundation in a campground is prohibited.

The minimum site area shall be 15 acres.

Not more than 10 travel trailers, campers, tents, recreational vehicles or motor homes shall be permitted per acre of gross site area.

The conditions of soil, groundwater level, drainage and topography shall not create hazards to the property or the health or safety of the occupants. No portion of the campgrounds subject to flooding or erosion shall be used for the placement of any structure.

Accessory uses, such as management headquarters, recreational facilities, toilets, dumping stations, showers, coin-operated laundries, and other uses and structures customarily incidental to the operation of campgrounds are permitted as accessory uses to the campgrounds. In addition, retail stores and other convenience establishments shall be permitted as accessory uses in campgrounds, subject to the following restrictions:

(1)

Such establishments and the parking areas primarily related to their operations shall not occupy more than 5% of the gross area of the campground.

(2)

Such establishments shall be restricted in their use to occupants of the camping ground.

(3)

Such establishments shall present no visible evidence from any street outside the campground of their commercial character which would attract customers other than occupants of the campground.

(4)

The structures housing such facilities shall not be located closer than 100 feet to any public road and shall not be directly accessible from any public road but shall be accessible only from a road within the campground.

Plans for sewage disposal and water supply shall be designed in accordance with standards promulgated by the New York State Departments of Health and/or Environmental Conservation and shall receive approval from said agencies.

Streets in campgrounds shall be private but shall be constructed with a stabilized travel way and shall meet the following minimum stabilized travel way width requirements:

Type	Width (feet)
1-way with or without parking on 1 side or 2-way with no parking	18
2-way with parking on 1 side	27
2-way with parking on both sides	34

Each travel trailer site shall be at least 2,500 square feet in area and have a minimum width of 40 feet.

A minimum of 8% of the gross site area for the campground shall be set aside and developed as common use areas for open or enclosed recreation facilities. No travel trailer site required buffer strip, right-of-way, storage area or utility site shall be counted as meeting recreational purposes.

Entrances and exits to campgrounds shall be designed for safe and convenient movement of traffic into and out of the campground and to minimize friction with movement of traffic on adjacent streets.

Off-street parking and loading. In connection with use of any campground, no parking, loading or maneuvering incidental to parking or loading shall be permitted on any public, sidewalk or required buffer or right-of-way or any public grounds or on any private grounds not part of the campground, unless the owner has given written permission for such use.

An adequate lighting system shall be provided for the campground.

All utilities shall be underground.

Not fewer than one covered twenty-gallon garbage receptacle shall be provided for each campsite. Garbage and rubbish shall be collected and disposed of as often as may be necessary to ensure sanitary conditions.

All applicable sanitation standards promulgated by the State of New York shall be met and all necessary permits shall be obtained prior to issuance of a certificate of occupancy.

Overwinter storage shall be prohibited.

A site plan shall be submitted with the application for Planning Board review and approval.

§ 170-33 Motor vehicle service stations and public garages.

Motor vehicle service stations and public garages may be permitted as a special use in the C-1 or C-2 Districts, provided that:

No motor vehicle service stations shall be located within 1,000 feet of an existing station and no motor vehicle service station shall be located within 500 feet of any entrance to a church, school or place of public assembly.

The entire area of the site traveled by motor vehicles shall be hard surfaced.

Any repair of a motor vehicle shall be performed in a fully enclosed building. No motor vehicle parts, or partially dismantled motor vehicles shall be stored outside of an enclosed building.

No commercial parking of vehicles shall be allowed on the premises.

No fuel pumps shall be installed within 40 feet of any right-of-way or property line.

No driveway shall be closer than 75 feet to the intersection of two corner lot lines or within 30 feet of an adjacent property line.

There shall be no more than two unlicensed vehicles for sale outside an enclosed building at any one time.

A site plan shall be submitted with the application for Planning Board review and approval.

§ 170-34 Outside storage and display for sales and service business.

Outside storage and display of items for sale may be permitted as a special use in the C-1 District, provided that:

There shall be no storage or display within 10 feet of any lot line.

Prior to the issuance of the special use permit, the applicant shall obtain, if required, any permits that may be required from DEC or other agency having jurisdiction.

§ 170-35 Junkyards.

Junkyards may be permitted as a special use in the C-2 District, and shall be governed by the provisions of Chapter 99 of the Code of the Town of South Bristol.

§ 170-36 Antenna towers.

Antenna towers shall be permitted in all zoning districts by special permit, provided that the following conditions are met:

Conditions for all antenna towers.

(1)

Antenna towers less than 50 feet in overall height shall be permitted in all zoning districts and shall not require a special use permit. However, all towers shall comply with the setback requirements of Subsection A(13) herein.

(2)

Antenna towers shall have a minimum slenderness ratio of five.

(3)

All antenna towers and accessory facilities shall be sited to have the least practical adverse effect on the environment.

(4)

Antenna towers shall be built, operated and maintained to applicable industry standards of the Institute of Electrical and Electronic Engineers (IEEE) and the American National Standards Institute (ANSI). The applicant for an antenna tower special use permit shall furnish evidence, over the signature of a professional engineer licensed to practice in the State of New York, that such antenna tower is in compliance with such standards.

(5)

No antenna tower shall have an overall height greater than 195 feet.

(6)

No antenna tower shall be lighted artificially, unless such lighting is required by a state or federal agency.

(7)

Antenna tower transmissions shall comply with the Federal Communications Commission (FCC) standards for nonionizing radiation in force at the time of application. Proof of compliance with this requirement shall be furnished by the applicant.

(8)

No two antenna towers shall be connected above ground in any manner whatsoever.

(9)

All guy wires or cables shall be marked with high-visibility orange or yellow sleeves from the ground to a point 10 feet above the ground.

(10)

Antenna towers shall be painted battleship gray, unless an agency of the state or the federal government specifies otherwise.

(11)

There shall be a single sign, not larger than two square feet in size, giving the name, address and telephone number of the antenna tower owner, the name, address and telephone number of the landowner, and the year in which the antenna tower was erected. This sign is to be affixed five feet above the ground to the antenna tower itself or, if there is a site enclosure, to the enclosure at the entrance to the site. There shall be no other signs affixed to the antenna tower, accessory buildings or enclosure, except that signs warning of danger shall not be prohibited.

(12)

The sale or lease of a lot, or part of a lot, or the granting of an easement, for the purpose of erecting an antenna tower shall not result in the creation of a nonconforming lot.

(13)

Setbacks for any antenna tower with a specific tower height greater than 50 feet from any property line shall be measured from the adjacent property line to the antenna structure and shall be as follows, where the greatest setback distance shall govern:

(a)

A distance equal to 1.2 times the specific antenna tower height; or

(b)

A distance of 50 feet from any anchor point for guy wires or cables;

(c)

A distance of 50 feet from any enclosure or fence; or

(d)

The largest front, side or rear setbacks prescribed for the zoning district in question.

(14)

No antenna tower 50.0 feet or more in overall height shall be erected within 100 feet of any existing residence on the same parcel.

(15)

The owner of an antenna tower, after such application has been approved and before a building permit is issued, shall submit a letter of credit or other acceptable surety sufficient to ensure the removal if the use of the antenna tower is discontinued. The requirements of Subsection A(17) below shall apply. This letter of credit or other surety shall be judged adequate and satisfactory by the Town Engineer and the Town Attorney before a building permit is issued. Said letter of credit shall be forfeited if removal is not completed by the deadline specified in Subsection A(17) below.

(16)

If transmission service from an antenna tower is to be discontinued for a period exceeding six months, the owner of such antenna tower shall notify the Code Enforcement Officer within 30 days of the date such discontinuance commenced.

(17)

Any antenna tower which has not been in active and continuous service use for a period of one year shall be removed from the premises to a place of safe and legal disposal. Any and all structures, guy cables, guy anchors and/or enclosures accessory to such antenna tower shall also be removed. The site shall be restored to as natural a condition as possible. Such removal shall be completed within one year of the cessation of active and continuous use of such antenna tower.

(18)

Any special use permit for antenna towers shall be issued to the landowner. For purposes of public safety, the tower owner shall submit to the Code Enforcement Officer, every three years, a structural analysis report and certification prepared by a professional engineer licensed in the State of New York attesting to the structural soundness of the tower and that it meets all standards. In addition, a list containing all antennas on said tower and the owners of said antennas shall accompany said report. Per Chapter 84, Fire Prevention and Building Code Administration, § 84-14A, Compliance orders, if the Code Enforcement Officer finds the structural report to be indicative of any structural problems, he shall take whatever action deemed necessary to insure that any structural problems are remedied.

(19)

If the ownership of an antenna tower operating under a special use permit change, the special use permit shall remain in force. However, the change in ownership shall be registered with the Code Enforcement Officer, and the sign required under Subsection A(11) shall be changed accordingly.

(20)

Any and all modifications, additions, deletions or changes to antenna towers that operate under a special use permit, whether structural or not, shall be made by special use permit, except that such special use permit shall not be required for repairs which become necessary in the normal course of use of such antenna tower or become necessary as a result of natural forces, such as wind or ice.

(21)

If the Planning Board requires professional consulting services in connection with antenna tower applications, the provisions of § 170-96 shall apply.

Procedures and special requirements.

(1)

Applications for tower construction shall be received by the Code Enforcement Officer. No application shall be forwarded to the applicable Town agency or board until the application is complete and in conformity with all applicable ordinances, laws, codes, rules and regulations.

(2)

The Code Enforcement Officer shall forward the application, together with comments and recommendations, to the Planning Board.

(3)

The Planning Board shall conduct a SEQR review for all applications, as specified in NYCRR Section 617.6, and shall determine significance as specified thereunder.

(4)

The construction of any tall antenna tower shall be defined as a Type I action under SEQR.

(5)

Regardless of the requirements of SEQR, the Planning Board shall require:

(a)

For short antenna towers:

[1]

A copy of the service provider's FCC license (for transmission towers only).

[2]

A zone of visibility map, showing those areas within a one-mile radius from the location of the proposed antenna tower in which the proposed antenna tower is expected to be visible to an ordinary person with 20/20 vision, during the hours of daylight and when aeronautical visibility is three miles or more.

[3]

Other documentation as may be requested by the Planning Board.

(b)

For tall antenna towers:

[1]

A copy of the provider's FCC license.

[2]

Proof that adequate and safe service cannot be rendered from the Tower District.

[3]

Proof that adequate and safe service can only be provided from the proposed site and not from any other site. If such proof is not submitted, then the choice of two or more sites is to be submitted, and the Planning Board shall determine which of these sites is the least objectionable.

[4]

A zone of visibility map, showing those areas within a five-mile radius of the location of the proposed antenna tower in which the proposed antenna tower is expected to be visible to an ordinary person with 20/20 vision at any time of the year, during the hours of daylight and when aeronautical visibility is five miles or more.

[5]

A coverage map showing those areas that, within a three-mile radius, will not receive safe and adequate service from the proposed antenna tower.

[6]

A zone of visibility map, as required in Subsection B(5)(b)(4) above, is to accompany each proposed site, regardless of how many sites are proposed.

[7]

The items required in Subsection B(5)(b)[4] and [5] above shall be prepared under the supervision of a professional engineer licensed by the State of New York and shall be signed by such engineer.

[8]

Pictorial before and after views from key viewpoints within two miles of the proposed antenna tower location shall be submitted if requested by the Planning Board.

[9]

A site plan that shall show all existing and proposed structures and improvements, including roads, driveways, buildings, towers, guy wire anchors and parking areas, including grading plans for the new facilities and roads. The site plans shall also include a statement about the proposed intent and capacity of use.

[10]

The site plan review by the Planning Board shall consider the off-site visual impact of the proposed antenna tower, shall scrutinize the design and layout, and shall study the potential impact, including visual impact, on the environment and the neighborhood.

(6)

Upon approval of the special use permit, the Code Enforcement Officer shall issue a nontransferable building permit to the applicant.

(7)

Construction pursuant to such permit must commence within six months of the issuance of the building permit.

§ 170-37 Home occupations.

Home occupations occupying more than 500 square feet in a dwelling or more than 1,000 square feet in an accessory building or attached garage or conducted outside are allowed by special use permit only.

The operator must reside on the premises on which the home occupation is located.

The application shall define and fully describe the proposed home occupation, and any special permit granted shall be valid for that use and no other.

If the home occupation is to be performed outside, no activity, storage of supplies, equipment or product, loading, unloading, parking, advertising or sales shall be permitted within 10 feet of any property line or public right-of-way boundary.

§ 170-38 Additional residential structures on same lot.

[Amended 12-9-2024 by L.L. No. 1-2024]

The intent of this section is to provide for close family members or guests to be accommodated in reasonable proximity to the primary residence. The following conditions shall apply:

The owner of the lot must own all structures on the lot.

Additional residential structures permitted as a special use shall not be leased or rented.

All such structures shall have the same postal address. When entering the property, the first structure shall be numbered and lettered "A" and the second numbered and lettered "B".

All such structures shall be served by the same access road or driveway for emergency vehicles.

A site plan shall be submitted with the application for Planning Board review and approval.

Landscaping, when found necessary by the Planning Board, shall be provided.

§ 170-39 Commercial greenhouses.

Commercial greenhouses shall be permitted in all districts in which customary agriculture is a permitted use.

Setbacks and height limitations.

(1)

Commercial greenhouses shall not be located closer than 100 feet to any lot line, nor closer than 300 feet to an existing residential dwelling on an adjacent lot.

(2)

Height limitations shall be as prescribed for the zoning district in which the commercial greenhouse is located.

Off-street parking shall be required, pursuant to the provisions of § 170-53.

Storage of all equipment and supplies shall be screened from public view.

All signs shall be subject to the provisions of § 170-58.

Roadside stands are permitted, subject to the provisions of § 170-54.

A site plan shall be submitted with the application for Planning Board review and approval. Such site plan shall include adequate provisions to prevent offensive noise and odor.

§ 170-40 Residential windmills.

Application process.

(1)

Special use permit. A special use permit shall be required. Therefore, § 170-22 of the South Bristol Code will apply.

(2)

Site plan review. A site plan review is required before a building permit may be issued for a residential windmill.

(3)

SEQR. SEQR review is required.

Placement.

(1)

Setbacks; ice and blade throws. Setbacks from adjacent property lines, rights-of-way, easements, public ways or power lines (not to include individual residential feed line) shall be two times the maximum structure height or 1 1/4 times the maximum engineer-calculated ice or blade throw distance to the maximum point of impact, whichever is greater. Setbacks shall be measured from the nearest edge of the supporting structure not including guy wires.

(2)

Districts allowed in: R-1, R-3, R-5, NC, C-1, C-2, PD.

(3)

Number of windmills allowed per parcel: one. Multiple parcels owned, controlled or beneficially managed by a person or persons, entity, or related entities shall be considered to be one parcel.

(4)

Noise level limit. Individual wind turbine towers shall be located with relation to property lines so that the level of noise produced during wind turbine operation shall not exceed 50 dbA, measured at the boundaries of all of the closest parcels that are owned by nonsite owners and that abut either the site parcel(s) or any other parcels adjacent to the site parcel held in common by the owner of the site parcel as those boundaries exist at the time of special use permit application.

(5)

Guy wires and anchors. All guy wires or cables shall be marked with high-visibility orange or yellow sleeves from the ground to a point 10 feet above the ground. Setbacks for any windmill tower from any property line shall be a distance of 50 feet from any anchor point for guy wires or cables.

(6)

Lighting:

(a)

No windmill tower shall be lighted artificially unless such lighting is required by a state or federal agency. Use of nighttime and overcast daytime condition stroboscopic lighting to satisfy tower facility lighting requirements for the Federal Aviation Administration shall be subject to on-site field testing before the Planning Board, as a prerequisite to that Board's approval, with specific respect to Subsection B(6)(b)[1] as it applies to existing residential or commercial uses within 2,000 feet of each tower for which such strobe lighting is proposed.

[1]

Editor's Note: So in original.

(7)

Scenic view impact. No windmill shall be installed in a location where the Planning Board determines the windmill to be detrimental to the general neighborhood character. Final determination of permissible tower height and location on a lot shall be decided by the Planning Board as part of the site plan review. No individual tower facility shall be installed in any location that would substantially detract from or block view of a portion of a scenic view, as viewed from any public road right-of-way, publicly owned land or privately owned land within the Town of South Bristol.

(8)

Broadcast interference:

(a)

No individual tower facility shall be installed in any location along the major axis of an existing microwave communications link where its operation is likely to produce electromagnetic interference in the link's operation.

(b)

No individual tower facility shall be installed in any location where its proximity with existing fixed broadcast, retransmission, or reception antenna (including residential reception antenna) for radio, television, or wireless phone or other personal communication systems would produce electromagnetic interference with signal transmission or reception.

(c)

The recipient of the special use permit must correct any unforeseen interference to the satisfaction of the Planning Board within 60 days of any complaint.

(9)

Location on lot. Windmill location is not restricted to rear or side yards. The Planning Board shall address location on lot during site plan review.

Specifications.

(1)

Maximum height limit. Maximum height limit shall be no greater than 100 feet.

(2)

KW limit: 10 KW.

(3)

Color. Residential windmills must be battleship gray unless an agency of the state or federal government mandates something different.

(4)

Structure. Lattice or solid tube.

(5)

Type. All types of windmills will be allowed.

(6)

Design and specifications. Detailed design and specification will be required during site plan review.

(7)

Bird migration study. No bird migration study shall be required for residential windmills.

(8)

Ice buildup sensors. Ice buildup sensors are not required for residential windmills.

(9)

Connecting cables. All power transmission lines from the windmill electricity generation facilities shall be underground.

(10)

Blade to ground distance. The lowest portion of the blade may not be closer than 25 feet to the ground.

Notice and safety considerations.

(1)

Signs.

(a)

Caution signs. Caution signs shall be placed at the setback limits, warning of ice and blade throws. Signs shall be placed at 100-foot intervals and be four feet to six feet high (at eye level). Said signs shall be a minimum of one foot square and no larger than two square feet in size and shall have the words CAUTION: FALLING OBJECTS printed thereon. In addition, the owner's name and address shall be printed thereon.

(b)

Other signs. There shall be no other signs affixed to the windmill, accessory buildings or enclosure.

(2)

Fencing. Access to the tower shall be limited either by means of a fence six feet high around the tower base with a locking gate or by limiting tower-climbing apparatus to no lower than 12 feet from the ground.

(3)

Limit tip speed. No wind turbines shall be permitted that lack an automatic braking, governing, or feathering system to prevent uncontrolled rotation, overspeeding, and excessive pressure on the tower structure, rotor blades, and turbine components.

Operating considerations.

(1)

Removal if not operational. Any windmill which has not been in active and continuous service for a period of one year shall be removed from the premises to a place of safe and legal disposal. Any and all structures, guy cables, guy anchors and/or enclosures accessory to such windmill shall also be removed. The site shall be restored to as natural a condition as possible. Such removal shall be completed within six months of the cessation of active and continuous use of such windmill.

(2)

Landscaping. Upon completion of installation, the site shall be returned as close as possible to its natural state.

(3)

Building and grounds maintenance. Any damaged or unused parts shall be removed from the premises within 30 days or kept in an on-site storage building. All maintenance equipment, spare parts, oil, etc., shall also be kept in said on-site storage building.

(4)

Ownership changes. If the ownership of a windmill operating under a special use permit change, the special use permit shall remain in force. All conditions of the special use permit, including bonding, letters of credit or continuing certification requirements of the original owner, will continue to be obligations of succeeding owners. However, the change in ownership shall be registered with the Code Enforcement Officer, and the sign required under § 170-40D(1)(a) shall be changed accordingly.

(5)

Windmill modifications. Any and all modifications, additions, deletions or changes to windmills that operate under a special use permit, whether structural or not, shall be made by special use permit, except that such special use permit shall not be required for repairs which become necessary in the normal course of use of such windmill or become necessary as a result of natural forces, such as wind or ice.

Certifications.

(1)

Routine inspection report. An inspection report prepared by an independent professional engineer licensed in the State of New York will be required at the time of installation. The inspection report required at the time of installation will be for the structure and the electronics and will be given to the Code Enforcement Officer. Per Chapter 84, Fire Prevention and Building Code Administration, § 84-14A, Compliance orders, if the Code Enforcement Officer finds the inspection report to be indicative of any electronic or structural problems, he shall take whatever action deemed necessary to insure that any electronic or structural problems are remedied.

(2)

Liability insurance. Prior to issuance of a building permit, the applicant shall provide the Town proof, in the form of a duplicate insurance policy or a certificate issued by an insurance company, of liability insurance, of a level to be determined by the Town Board in consultation with the Town's insurer, to cover damage or injury which might result from the failure of a tower or towers or any other part(s) of the generation and transmission facility.

(3)

National and state standards. The applicant shall show that all applicable manufacturers', New York State, and United States standards for the construction, operation and maintenance of the proposed windmill have been met or are being complied with. Windmills shall be built, operated and maintained to applicable industry standards of the Institute of Electrical and Electronic Engineers (IEEE) and the American National Standards Institute (ANSI). The applicant for a windmill special use permit shall furnish evidence, over the signature of a professional engineer licensed to practice in the State of New York, that such windmill is in compliance with such standards or equivalent standards based on the best professional judgment of the professional engineer of record.

(4)

Performance bond (removal).

(a)

The owner of a windmill, prior to final special use permit approval and before a building permit is issued, shall provide a letter of credit or other acceptable surety sufficient to ensure the removal if the use of the windmill is discontinued. The requirements of Subsection F(4)(c) below shall apply. The Town Engineer shall judge the letter of credit or other acceptable surety adequate and satisfactory prior to final special use permit approval and before a building permit is issued. The Attorney to the Town shall judge the form of the letter of credit or other acceptable surety adequate and satisfactory prior to final special use permit approval and before a building permit is issued. Said letter of credit shall be forfeited if removal is not completed by the deadline specified in Subsection F(4)(c) below.

(b)

If transmission service from a windmill is to be discontinued for a period exceeding six months, the owner of such windmill shall notify the Code Enforcement Officer within 30 days of the date such discontinuance commenced.

(c)

Any windmill which has not been in active and continuous service for a period of one year shall be removed from the premises to a place of safe and legal disposal. Any and all structures, guy cables, guy anchors and/or enclosures accessory to such windmill shall also be removed. The site shall be restored to as natural a condition as possible. Such removal shall be completed within six months of the cessation of active and continuous use of such windmill.

(5)

Lightning strike/grounding. The applicant shall show that all applicable manufacturers', New York State and U.S. standards for the construction, operation and maintenance of the proposed windmill have been or are being complied with.

(6)

Environmental contamination by oil. A performance bond will be required to deal with environmental contamination by oil. The owner of a windmill, prior to final special use permit approval and before a building permit is issued, shall provide the maximum amount letter of credit or other acceptable surety necessary to ensure the cleanup of any contamination according to DEC requirements. The Town Engineer shall judge the form of the letter of credit or other acceptable surety adequate and satisfactory prior to final special use permit approval and before a building permit is issued. The Attorney for the Town shall judge the form of the letter of credit or other acceptable surety adequate and satisfactory prior to final special use permit approval and before a building permit is issued.

(7)

Wind speed/wind load. Certification is required by a registered professional engineer or a manufacturer's certification that the tower design is sufficient to withstand wind-load requirements for structures as established by the Building Code of New York State.

(8)

Continuing obligations. All requirements detailed in § 170-40F(1) through (7) above remain in force for the life of the special use permit.

§ 170-41 Commercial windmills.

Application process.

(1)

Special use permit. A special use permit shall be required. Therefore, § 170-22 of the South Bristol Code will apply.

(2)

Site plan review. A site plan review is required before a building permit may be issued for a commercial windmill.

(3)

SEQR. SEQR review is required.

Placement.

(1)

Setbacks; ice and blade throws. Setbacks from adjacent property lines, rights-of-way, easements, public ways, power lines, or areas or structures customarily used by the public shall be two times the maximum structure height or 1 1/4 times the maximum engineer-calculated ice or blade throw distance to the maximum point of impact, whichever is greater. Setbacks shall be measured from the nearest edge of the supporting structure not including guy wires.

(2)

Districts allowed in: R-1, R-3, R-5, NC, C-1, C-2, PD.

(3)

Number of windmills allowed per parcel: one. Multiple parcels owned, controlled or beneficially managed by a person or persons, entity, or related entities, shall be considered to be one parcel.

(4)

(5)

(6)

Lighting:

(a)

[1]

Editor's Note: So in original.

(7)

(8)

Broadcast interference:

(a)

(b)

(c)

The recipient of the special use permit must correct any unforeseen interference to the satisfaction of the Planning Board within 60 days of any complaint.

(9)

Location on lot. Windmill location is not restricted to rear or side yards. The Planning Board shall address location on lot during site plan review.

Specifications.

(1)

Maximum height limit. Maximum height limit shall be no greater than 100 feet.

(2)

KW limit: 20 KW.

(3)

Color. Commercial windmills must be battleship gray unless an agency of the state or federal government mandates something different.

(4)

Structure. Lattice or solid tube.

(5)

Type. All types of windmills will be allowed.

(6)

Design and specifications. Detailed design and specification will be required during site plan review.

(7)

Bird migration study. No bird migration study shall be required for commercial windmills.

(8)

Ice buildup sensors. Ice buildup sensors are not required for commercial windmills.

(9)

Connecting cables. All power transmission lines from the windmill electricity generation facilities shall be underground.

(10)

Blade to ground distance. The lowest portion of the blade may not be closer than 25 feet to the ground.

Notice and safety considerations.

(1)

Signs.

(a)

Caution signs. Caution signs shall be placed at the setback limits warning of ice and blade throws. Signs shall be placed at 100-foot intervals and be four feet to six feet high (at eye level). Said signs shall be a minimum of one foot square and no larger than two square feet in size and shall have the words CAUTION: FALLING OBJECTS printed thereon. In addition, the owner's name and address shall be printed thereon.

(b)

Other signs. There shall be no other signs affixed to the windmill, accessory buildings or enclosure.

(2)

(3)

Operating considerations.

(1)

(2)

Landscaping. Upon completion of installation, the site shall be returned as close as possible to its natural state.

(3)

(4)

Ownership changes. If the ownership of a windmill operating under a special use permit change, the special use permit shall remain in force. All conditions of the special use permit, including bonding, letters of credit or continuing certification requirements of the original owner will continue to be obligations of succeeding owners. However, the change in ownership shall be registered with the Code Enforcement Officer, and the sign required under § 170-40D(1)(a) shall be changed accordingly.

(5)

Certifications.

(1)

(2)

(3)

(4)

Performance bond (removal).

(a)

(b)

(c)

(5)

(6)

Environmental contamination by oil. A performance bond will be required to deal with environmental contamination by oil. The owner of a windmill, prior to final special use permit approval and before a building permit is issued, shall provide the maximum amount letter of credit or other acceptable surety necessary to ensure the cleanup of any contamination according to DEC requirements. The Town Engineer shall judge the form of letter of credit or other acceptable surety adequate and satisfactory prior to final special use permit approval and before a building permit is issued. The Attorney to the Town shall judge the form of the letter of credit or other acceptable surety adequate and satisfactory prior to final special use permit approval and before a building permit is issued.

(7)

(8)

Continuing obligations. All requirements detailed in § 170-41F(1) through (7) above remain in force for the life of the special use permit.

§ 170-42 Industrial windmills.

Application process.

(1)

Special use permit. A special use permit shall be required. Therefore, § 170-22 of the South Bristol Code will apply.

(2)

Site plan review. A site plan review is required before a building permit may be issued for industrial windmills.

(3)

SEQR. SEQR review is required.

Placement.

(1)

Road access and maintenance. If the proposed site is such that a Town road has to be improved to facilitate the installation of equipment for the windmill operation, the applicant will be responsible for the cost of any such improvements necessary.

(2)

Setbacks; ice and blade throws. Setbacks from adjacent property lines, rights-of-way, other units, all residential structures, easements, public ways, power lines (not to include individual residential feed line) and structures not ancillary to the windmill operation shall be two times the maximum structure height or 1 1/4 times the maximum engineer-calculated ice or blade throw distance to the maximum point of impact, whichever is greater. Setbacks shall be measured from the nearest edge of the supporting structure not including guy wires.

(3)

Districts allowed in: R-3 and R-5.

(4)

(5)

Lighting. No windmill tower shall be lighted artificially unless such lighting is required by a state or federal agency. Use of nighttime and overcast-daytime-condition stroboscopic lighting to satisfy tower facility lighting requirements for the Federal Aviation Administration shall be subject to on-site field testing before the Planning Board, as a prerequisite to that Board's approval, with specific respect to Subsection B(6) below as it applies to existing residential or commercial uses within 2,000 feet of each tower for which such strobe lighting is proposed.

(6)

Scenic view impact. No windmill shall be installed in a location where the Planning Board determines the windmill to be detrimental to the general neighborhood character. Final determination of permissible tower height and location on the lot shall be decided by the Planning Board as part of the site plan review. No individual tower facility shall be installed in any location that would substantially detract from or block view of a portion of a scenic view, as viewed from any public road right-of-way, publicly owned land or privately owned land with the Town of South Bristol.

(a)

The following views cape analysis material shall be submitted to the Planning Board for industrial wind power electricity generation and/or transmission facilities:

[1]

Digital elevation model-based project visibility map showing the impact of topography upon visibility of the project from other locations to a distance radius of five miles from the center of the project. Scale used shall depict five-mile radius as no smaller than 4.5 inches, and the base map used shall be a published topographic map showing cultural features.

[2]

No fewer than four and no more than the number of proposed individual wind turbines plus three color photos, no smaller than three inches by five inches, taken from locations within a five-mile radius from it and to be selected by the Planning Board, and computer-enhanced to simulate the appearance of the as-built aboveground site facilities as they would appear from these locations.

(7)

Broadcast interference.

(a)

(b)

No individual tower facility shall be installed in any location where its proximity with existing fixed broadcast, retransmission, or reception antenna (including residential reception antenna) for radio, television, or wireless phone or other personnel communication systems would produce electromagnetic interference with signal transmission or reception.

(c)

The recipient of the special use permit must correct any unforeseen interference to the satisfaction of the Planning Board within 60 days of any complaint.

(8)

Location on lot. Windmill location is not restricted to rear or side yards. The Planning Board shall address location on lot during site plan review.

Specifications.

(1)

Maximum height limit. Maximum height limit shall be no greater than 400 feet.

(2)

Color. Industrial windmills must be battleship gray unless an agency of the state or federal government mandates something different.

(3)

Structure: solid column.

(4)

Type. All types of windmills will be allowed.

(5)

Design and specifications. Detailed design and specification will be required during site plan review.

(6)

Bird migration study. A bird migration path study will be required.

(7)

Ice buildup sensors. A sensor will be required for industrial windmills that will shut the windmills down during icing conditions.

(8)

Connecting cables. All power transmission lines between the windmill electricity generation facilities and on-site substations shall be underground.

(9)

Blade-to-ground distance. The lowest portion of the blade may not be closer than 25 feet to the ground.

Notice and safety considerations.

(1)

Signs.

(a)

Caution signs. Caution signs shall be placed at the setback limits warning of ice and blade throws. Signs shall be placed at 100-foot intervals and shall be four feet to six feet high (at eye level). Said signs shall be a minimum of one foot square and no larger than two square feet in size and shall have the words CAUTION: FALLING OBJECTS printed thereon. In addition, the owner's name and address shall be printed thereon.

(b)

Other signs. There shall be no other signs affixed to the windmill, accessory buildings or enclosure.

(2)

Fencing. Access to the tower shall be limited either by means of a fence six feet high around the tower base with a locking gate or by limiting tower climbing apparatus to no lower than 12 feet from the ground.

(3)

Operating considerations.

(1)

Removal if not operational. Any windmill which has not been in active and continuous service for a period of one year shall be removed from the premises to a place of safe and legal disposal. Any and all structures, guy cables, guy anchors and/or enclosures accessory to such windmill shall also be removed. The site shall be restored to as natural a condition as possible. Such removal shall be completed within six months of the determination of cessation of active and continuous use of such windmill.

(2)

Landscaping. Upon completion of installation, the site shall be returned as close as possible to its natural state.

(3)

(4)

Ownership changes. If the ownership of a windmill operating under a special use permit changes, the special use permit shall remain in force. All conditions of the special use permit, including bonding, letters of credit or continuing certification requirements of the original owner, will continue to be obligations of succeeding owners. However, the change in ownership shall be registered with the Code Enforcement Officer, and the sign required under § 170-42D(1)(a) shall be changed accordingly.

(5)

Certification.

(1)

Routine inspection report. An inspection report prepared by an independent engineer licensed by the State of New York will be required at the time of installation. The inspection report required at the time of installation will be for the structure and the electronics and will be given to the Code Enforcement Officer. Additional inspection reports for industrial windmills will be required on an annual basis. Copies of all reports shall be given to the Code Enforcement Officer. Per Chapter 84, Fire Prevention and Building Code Administration, § 84-14A, Compliance orders, if the Code Enforcement Officer finds any of the inspection reports to be indicative of any electronic or structural problems, he shall take whatever action deemed necessary to ensure that any electronic or structural problems are remedied.

(2)

Insurance; liability. Prior to issuance of a building permit, the applicant shall provide the Town proof, in the form of a duplicate insurance policy or a certificate issued by an insurance company, of liability insurance, of a level to be determined by the Town Board in consultation with the Town's insurer, to cover damage or injury which might result from the failure of a tower or towers or any other part(s) of the generation and transmission facility.

(3)

(4)

Performance bond (removal).

(a)

(b)

(c)

(d)

Proof of insurance for road repair purposes shall also be required as follows: The applicant shall deliver to the Code Enforcement Officer, as part of the building permit process and prior to the issuance of a building permit, a certificate of insurance naming the Town of South Bristol as a certificate holder and an additional insured, which shall be kept on file in the Code Enforcement office. Such insurance shall provide for a minimum of $250,000/$500,000 property damage and personal liability insurance coverage in favor of the Town. Such insurance shall provide specifically for coverage of damage to roadways and culverts.

(5)

Lightning strike/grounding. The applicant shall show that all applicable manufacturers', New York State, and United States standards for the construction, operation and maintenance of the proposed windmill have been or are being complied with.

(6)

Environmental contamination by oil. A performance bond will be required to deal with environmental contamination by oil. The owner of a windmill, prior to final special use permit approval and before a building permit is issued, shall provide the maximum amount letter of credit or acceptable surety necessary to ensure the cleanup of any contamination according to DEC requirements. The Town Engineer shall judge the letter of credit or other acceptable surety adequate and satisfactory prior to final special use permit approval and before a building permit is issued. The Attorney to the Town shall judge the form of the letter of credit or other acceptable surety adequate and satisfactory prior to final special use permit approval and before a building permit is issued.

(7)

Wind speed/wind load. Certification is required by a registered professional engineer or manufacturer's certification that the tower design is sufficient to withstand wind-load requirements for structures as established by the Building Code of New York State.

(8)

Continuing obligations. All requirements detailed in § 170-42F(1) through (7) above remain in force for the life of the special use permit.

§ 170-43 Special events venues.

Special events venues shall be permitted in the Neighborhood Commercial (NC) and Planned Development (PD) District by special use permit, provided that the following conditions are met:

Use standards. A special events venue must demonstrate compliance with the following standards:

(1)

The special events venue shall be located on a site with a minimum of 10 contiguous acres.

(2)

The site of the special events venue shall have at least two means of egress, at least one of which is adequate for emergency vehicles, as determined by the Planning Board in consultation with emergency responders based on its width, length, surface and ability to support the gross vehicle axle weight of emergency vehicles.

(3)

The maximum number of attendees at a special events venue shall be set by the Planning Board based on their review of the application material. The Planning Board may set a lower or higher maximum number for a special events venue based on the health, safety, and welfare of the attendees and/or the neighborhood and surrounding community.

(4)

The applicant shall demonstrate that all required parking can be accommodated on-site. This requirement shall not preclude a special events venue from utilizing shuttle buses or other methods of guest transportation.

(5)

All events shall be provided with adequate potable water and sanitary system as determined by the Code Enforcement Officer and/or the Department of Health.

(6)

The Planning Board shall require appropriate buffers between the special events venue and adjoining properties, given the size of parcel, the natural topography, and vegetative cover.

(7)

Seating for events may occur outdoors under a fabric structure temporarily constructed on the property or in an event barn meeting the standards below.

(8)

Locations for proposed temporary fabric structures must be included on the site plan. All buildings and structures, including fabric structures, to be used as part of the special events venue shall, where required, obtain a certificate of occupancy for their intended uses, including an event barn meeting the standards in the section below.

(9)

Events shall commence no earlier than 10:00 a.m. and shall terminate no later than 11:00 p.m. However, the Planning Board shall have the power to modify the commencement and termination times for a particular site based upon the health, safety and welfare of the neighborhood and the surrounding community. All events must conform to all provisions contained in the Noise Ordinance for the Town of South Bristol.[1] An event management plan shall be prepared and submitted to the Planning Board for review and approval. The plan shall include the following:

(a)

Provisions for traffic and parking management.

(b)

Hours of operation.

(c)

Noise abatement.

(d)

Plans for toilet facilities, water and plumbing. If portable bathroom facilities are to be used, this should be detailed in the plans.

(e)

Licensed vendors and where they are to set up, park and clean up.

(f)

Detail of site cleanup post event.

(g)

Emergency vehicle access.

(h)

Maximum number of guests.

(i)

A list of contacts for specific distress or emergency situations to be used by the guests shall be provided at each event and the legal name and address of an emergency contact person at the site shall be provided.

(j)

Detailed plans for internal storage and collection of refuse, including provisions for the disposal and cleaning of property and immediate surrounding properties within 48 hours of the event.

(k)

Detailed plans for food service, including a description of food sources, refrigeration and food handling and dispensing, according to Ontario County Department of Public Health standards.

(l)

If alcoholic beverages will be served, evidence of liquor license, security provisions and proper insurance coverage.

(m)

Detailed plans for security enforcement, including prevention of the unlawful use of alcohol, narcotics and dangerous drugs at the site, and methods for limiting the use of the proposed function to the number of participants for which the facilities are designed and external as well as internal crowd control, including proof of sufficient security for crowd control and security enforcement.

(n)

Detailed plans for amplifying equipment designed to control the noise level at the perimeter of the site to no more than 75 decibels on the A-scale of a sound-level meter which meets the specifications of the American National Standards Institute.

The Planning Board may in its discretion require that events with 200 or more attendees provide for adequate on-site ambulance coverage. The event management plan shall be incorporated into the special use permit and site plan approval.

[1]

Editor's Note: See Ch. 113, Noise.

(10)

The application, site plan and event management plan shall be referred by the Planning Board to the appropriate fire district, fire department or other fire and safety provider for comment and recommendations with regard to fire and safety issues associated with the operation of the special venue and the use of an event barn, if proposed.

Event barns. Special events venues may utilize former agricultural or accessory structures as a place of public assembly, such as a barn, provided the following criteria are satisfied:

(1)

The use of an event barn shall be permitted only after issuance of a building permit and a certificate of occupancy for public assembly by the Town's Code Enforcement Officer.

(2)

The applicant shall provide the Code Enforcement Officer with a plan prepared by a registered licensed design professional to improve the event barn to enable it to obtain a certificate of occupancy for an assembly area, where none exists. A copy of the plan shall also be submitted to the Planning Board as part of site plan review.

(3)

The occupancy of the event barn shall not exceed occupancy load and exiting provisions of the New York State Uniform Code and those occupancy load limits shall be posted at the premises by the Town's Code Enforcement Officer.

Special use permit.

(1)

The special use permit and site plan for a special events venue must include:

(a)

The maximum number of attendees permitted during any event.

(b)

The hours of operation of the special events venue and whether amplified sound is permitted.

(c)

Any other conditions on operation, design and layout reasonably necessary to ensure compatibility with surrounding uses and to protect the natural, historic and scenic resources of the Town.

(d)

Items in Subsection C(1)(a) through (c) above shall be determined by the Planning Board based on the size of the parcel, location, topography, parking, proximity of neighbors, emergency access and the ability of existing and proposed buffers to provide sound attenuation.

Events following the issuance of a special events venue special use permit.

(1)

Once a special use permit has been granted to permit a special events venue at a particular site, individual events may be held at the site without further review by the Planning Board so long as such events are compliant with the limitations in the event management plan and special use permit.

(2)

Notice of individual events shall be provided via electronic mail to the Town Code Enforcement Officer, County Sheriff and State Police departments and the applicable fire district 30 days before each event, or as soon as possible for events scheduled on less than 30 days' notice.

Any person who violates or causes to be violated any provision of this chapter shall be guilty of a violation and shall be punishable as outlined in § 170-97.

All structures, except for those specifically exempted, shall be removed from the premises within 30 days of the discontinuance of such use. A bond or letter of credit for restoration of the site may be required as a condition of approval.

Liability and property damage insurance. No permit shall be issued unless the applicant shall furnish the Town with a comprehensive liability insurance policy insuring the Town against liability for damage to person or property with limits of not less than what the Town carries for bodily injury or death and the same coverage as the Town carries for property damage, to hold the Town harmless from any and all liability or cause of action which might arise by reason of the granting of the permit, which policy shall not be cancelable without 10 days' prior written notice to the Town and which shall be in effect during the entire period of said event. Failure to keep such policy in effect will result in automatic revocation of the permit without hearing.

Proof of financial resources. The applicant shall submit a statement of financial resources prepared by a certified public accountant, showing finances sufficient to execute the plans as submitted.

South Bristol Town City Zoning Code

ARTICLE V

Special Use Requirements

§ 170-22 Intent.

The applicant for a special use permit shall show to the satisfaction of the Planning Board that the proposed special use:

(1)

Is consistent with the Comprehensive Plan of the Town.

(2)

Is in harmony with the purposes of this chapter and with the regulations for the zoning district in which the proposed special use is to be located.

(3)

Will not adversely affect the character of the neighborhood.

(4)

Will not be detrimental to nearby properties.

(5)

Will have no adverse impact on the physical or environmental conditions of the neighborhood or district.

(6)

Meets all the conditions for land conservation districts or any other restrictive overlay districts, if appropriate.

(7)

Meets all the conditions that may be required under SEQR.

Establishment of conditions.

(1)

The Planning Board may attach such reasonable conditions and restrictions as are directly related to and incidental to the proposed special use.

(2)

The planning board may limit the duration of a special use permit, provided that the specific time limit is reasonable and directly related to and incidental to the proposed special use permit.

(3)

Any violation of the conditions imposed upon a special use permit shall constitute grounds for revocation by the Planning Board.

Procedures.

(1)

(2)

(3)

(1)

Section 170-23, Special use permit application procedures.

(2)

Section 170-24, Mobile home parks.

(3)

Section 170-25, Kennels.

(4)

Section 170-26, Reserved.

(5)

Section 170-27, Essential services.

(6)

Section 170-28, Public uses.

(7)

Section 170-29, Multiple-family and two-family dwellings.

(8)

Section 170-30, Mining.

(9)

Section 170-31, Campgrounds.

(10)

Section 170-32, Reserved.

(11)

Section 170-33, Motor vehicle service stations and public garages.

(12)

Section 170-34, Outside storage and display for sales and service business.

(13)

Section 170-35, Junkyards.

(14)

Section 170-36, Antenna towers.

(15)

Section 170-37, Home occupations.

(16)

Section 170-38, Additional residential structures on the same lot.

(17)

Section 170-39, Commercial greenhouses.

(18)

Section 170-40, Residential windmills.

(19)

Section 170-41, Commercial windmills.

(20)

Section 170-42, Industrial windmills.

(21)

Section 170-43, Special events venues.

(22)

Sections 170-44 through 170-49, Reserved.

(23)

All applications for the filling of land in all districts that will result in an obstruction of a scenic view.

(24)

All special uses in all commercial districts.

(25)

All uses in the, C-1, R-3, LR and PD Districts, including uses not requiring a zoning/building permit.

§ 170-23 Special use permit application procedures.

Special use permit applications.

All applications for special use permits shall be made to the Code Enforcement Officer on forms provided by him.

The applicant shall prepare a site plan of the special use and subject parcel, in accordance with this chapter, and shall comply with the review process under SEQR.

A copy of the complete application and supporting documents shall also be transmitted to the County Planning Board for review when required under Article 12-B, § 239-m, of the General Municipal Law.

§ 170-24 Mobile home parks.

Mobile home parks may be permitted as a special use in the R-5 District, provided that:

General provisions.

(1)

The minimum site area of proposed mobile home parks shall be not less than 10 acres.

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

Every roadway within a mobile home park shall have a minimum pavement width of 22 feet and a minimum right-of-way of 50 feet. If a cul-de-sac exist, they shall have a minimum diameter of 70 feet.

(11)

(12)

(13)

An adequate storm drainage system shall be installed.

(14)

All public utility, electric, gas, cable television and telephone lines shall be installed underground.

(15)

(16)

A landscape plan shall be prepared and carried out which will assure that an appropriate planting of trees and shrubs will be included in the park design, including screening where necessary.

(17)

(18)

(19)

All fuel tanks within a mobile home park, including all fuel tanks used for heating within mobile homes, shall be installed underground in accordance with the New York State standards.

(20)

(21)

The park owner shall provide for the regular collection and disposal of garbage, trash and rubbish.

(22)

Not more than one accessory building shall be permitted on any mobile home lot.

(23)

Each mobile home shall be enclosed at the bottom with either a metal, wood or vinyl skirt or enclosure within 30 days after the placement of the mobile home on the lot.

(24)

(25)

(26)

(1)

The name and last address of each occupant.

(2)

The make, model, year and serial number of each mobile home and the mobile home lot within the park on which the same is located.

(3)

The dates of arrival and departure of each mobile home.

A site plan shall be submitted with the application for Planning Board review and approval.

§ 170-25 Kennels.

Kennels may be allowed as a special use in any district, provided that:

Shelters for animals shall not be closer than 100 feet to any lot line.

No outdoor area enclosed by fences shall be located closer than 50 feet to any lot line.

No kennel shall be located closer than 300 feet to an existing residential dwelling on an adjacent lot.

There shall be no incineration of any animal waste/refuse upon the premises.

The application shall contain provisions for:

(1)

Location of shelter(s) and fenced enclosures on the property. [NOTE: A copy of the Tax Map is acceptable for these purposes.]

(2)

Approximate location of neighboring homes. [NOTE: A copy of the Tax Map is acceptable for these purposes.]

(3)

Adequate measures to prevent offensive noise and odor.

(4)

Disposal of all animal wastes.

(5)

Disposal of dead animals.

(6)

Adequate measures to control rodents.

Regular veterinary care shall be required, and a record of such care shall be maintained and available for inspection.

All applications for this special use permit are subject to site plan review and approval by the Planning Board.

§ 170-27 Essential services.

Essential services may be permitted as a special use in any district, provided that:

The proposed installation in a specific location is necessary for the efficiency of the essential service.

Adequate and attractive fences and appropriate safety devices will be provided.

A buffer strip of at least 10 feet in depth shall be provided around the perimeter of the lot.

Adequate off-street parking shall be provided.

§ 170-28 Public uses.

A public use is defined as a publicly owned project or a privately owned project that is available for use by the public. Public uses may be permitted as a special use in all districts.

The application shall contain a detailed description of the types of uses to be provided.

A site plan showing location of all proposed structures, uses, parking, landscaping, lighting, fencing, etc., must be provided for Planning Board review and approval.

§ 170-29 Multiple-family dwellings.

[Amended 12-9-2024 by L.L. No. 1-2024]

Multiple-family dwellings may be permitted as a special use in the R-1, R-3, R-5, NC and C-1 Districts, provided that:

(1)

Apartment buildings shall contain no more than 12 dwelling units.

Minimum habitable floor area requirements.

(1)

Apartment unit:

(a)

Minimum square footage: 320 square feet.

(b)

Additional 100 square feet of living space required per occupant.

Setback requirements. Minimum area and yard requirements for each multiple-family dwelling shall be as follows:

(1)

Setback:

(a)

Front and rear: 75 feet.

(b)

Side: 50 feet.

(2)

Minimum distance between buildings: 50 feet.

(3)

Every building shall have a minimum setback of 30 feet from all interior roads and a minimum setback of 10 feet from parking areas.

Services/utilities.

(1)

All public utilities shall be installed underground.

(2)

All sewage/water facilities shall comply with the regulations of the appropriate agencies, and all plans shall be approved prior to the issuance of a zoning permit.

A site plan shall be submitted with the application for Planning Board review and approval.

§ 170-30 Mining.

Mining operations may be permitted as a special use in the R-1, R-3, R-5, NC, C-1 and C-2 Districts, provided that:

The minimum lot area for any such use shall be 10 acres.

All lands which have been excavated must be rehabilitated in accordance with reclamation plans which shall be approved by the Planning Board as part of its site plan approval.

The site shall be enclosed by a fence, berm or by other measures to ensure that the health and safety of the residents are protected.

A site plan shall be submitted with the application for Planning Board review and approval.

§ 170-31 Campgrounds.

Campgrounds may be permitted as a special use in the R-1, R-3, R-5, NC and C-1 Districts, provided that:

The minimum site area shall be 15 acres.

Not more than 10 travel trailers, campers, tents, recreational vehicles or motor homes shall be permitted per acre of gross site area.

(1)

Such establishments and the parking areas primarily related to their operations shall not occupy more than 5% of the gross area of the campground.

(2)

Such establishments shall be restricted in their use to occupants of the camping ground.

(3)

Such establishments shall present no visible evidence from any street outside the campground of their commercial character which would attract customers other than occupants of the campground.

(4)

Streets in campgrounds shall be private but shall be constructed with a stabilized travel way and shall meet the following minimum stabilized travel way width requirements:

Type	Width (feet)
1-way with or without parking on 1 side or 2-way with no parking	18
2-way with parking on 1 side	27
2-way with parking on both sides	34