The purpose of this article is to provide criteria for specified uses due to the likely impacts to surrounding properties. These criteria are applied to mitigate impacts including noise, parking, traffic, unsightliness, odors, dust, vibrations, light and fumes. The regulations are intended to promote the public health, safety and compatibility with the immediate neighborhood and the larger community.

The Planning Board shall hold a public hearing on a structure or use listed in this article if required by § 192-122A(2).

Purpose.

Restrictions.

Observation from public way prohibited. No adult use shall be conducted in any manner that permits the observation of any material depicting, describing or relating to specified sexual activities or specified anatomical activities from any public way or from any other lot, including but not limited to any lighting, display, decoration, poster, photograph, video/DVD, sign, show, doorway, window, screen or other opening.

An animal day care, kennel or shelter, including outside runs, shall be completely enclosed, and such runs and buildings shall be no closer than 100 feet from any residential lot line or residential district boundary as measured from the nearest lot lines.

Fenced areas are not permitted within 50 feet of any side or rear property line and/or in a front yard.

An animal hospital or veterinary clinic, including outside runs, shall be completely enclosed and no closer than 100 feet from any residential lot line or residential district boundary as measured from the nearest lot lines.

Fenced areas are not permitted within 50 feet of any side or rear property line and/or in a front yard.

The owner shall live on the premises of the bed-and-breakfast establishment.

No alteration to either the exterior or the interior of any principal or accessory structure shall be made which changes the character or appearance of the residential premises.

One attached or detached sign of not more than two square feet in area shall be permitted.

The maximum number of overnight guests shall not exceed two per bedroom. In no case, shall more than a total of eight guests be permitted in each bed-and-breakfast establishment.

Breakfast only shall be served and only to overnight guests.

No events, meetings or other activities for people who are not overnight guests shall be permitted.

Legislative intent and purpose. It is the purpose of this section to regulate the creation, opening, commencement and/or operation of cannabis retail dispensaries and cannabis on-site consumption establishments, as herein defined, in order to achieve the following:

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

Special uses.

Severability. If any clause, sentence, paragraph, section or part of this section shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been ordered.

When effective. This section shall take effect immediately upon filing with the Secretary of State.

Legislative intent and purpose. The Town of DeWitt is concerned about the proliferation of smoke shops in the Town and their effect on the health, safety and welfare of the Town's residents, and in particular, young residents. It is the purpose of this section to regulate the creation, opening, commencement and/or operation of smoke shops, as herein defined, in order to achieve the following:

Special uses.

The building exit for automobiles that have completed the washing and machine-drying process shall be set back a minimum of 50 feet from the nearest point of any street property line.

No washing, vacuuming, steam cleaning, waxing, polishing or machine-drying operation, and no building within which such operations are conducted, shall be permitted within 100 feet of any residential lot line or residential district boundary as measured from the nearest property line.

All lot lines abutting or adjacent to residential districts or uses shall be screened by landscaping and a solid fence or masonry wall not less than six feet or more than eight feet in height.

Noise abatement at all times shall result in sound levels, as measured at the property line, at or below 50 dBA.

No such use shall be located within 100 feet of any residential district boundary line as measured between nearest property lines.

All vehicles located outdoors and awaiting repairs shall be subject to an active work order, have a valid license plate, and be registered.

All repairs shall be performed within an enclosed principal building on the premises.

All storage shall be within the principal building, with the exception of refuse and trash, which shall be stored in closed containers and in an area screened from view at all points on any public or private property or street when viewed from six feet above ground level.

Incidental vehicle sales may be permitted through site plan review, provided that:

Any tires kept on the premises shall be stored within a building or covered and screened from view at all points on any public or private property or street when viewed from six feet above ground level. Tires shall be removed from the premises at specified regular intervals and shall not exceed 40 in number at any time if not stored in a building.

Sufficient screening with landscaping and a solid fence or masonry wall shall be provided along all lot lines abutting or adjacent to a residentially developed property to block any view of repair operations and stored material and equipment from all points on such residential property when viewed from six feet above ground level.

Any business engaged in a towing service shall remove from the lot any towed vehicles within 24 hours, unless they are stored in a building or subject to an active work order.

Drive-throughs shall be prohibited in the front yard, except where a property has two or more front yards. In the event that a property has two or more front yards, as same are defined in the Code, a drive-through may be permitted in one of the front yards upon the following conditions and procedure:

Drive-throughs shall be located to preserve continuous vehicular and safe pedestrian access from the public right-of-way to the principal building entry and enhance the public facing side of the site and building façade.

When adjacent to residential uses, drive-throughs, including both the facility and queuing lanes, shall be a minimum of 100 feet from the property line of adjacent residential properties and screened by a solid fence or masonry wall of at least six feet in height.

The stacking spaces shall be located so as not to interfere with the use of parking spaces or the free flow of traffic on the site and shall be adequately striped and marked with directional signs.

Any outside speakers shall be adequately screened and/or metered so as not to increase the sound level at the property lines.

Any outside menu boards shall be adequately screened at the property line or internally to account for lighting, glare and visual intrusion to the neighboring parcel or road.

Farms shall be subject to the following general requirements:

A residential district farm may be permitted upon specific use permit issuance. In residential districts, farms shall not be used for the breeding, raising or training of animals.

A farm may breed, raise and/or train animals in districts other than residential, provided the property contains a minimum of five acres.

Permit required. Except as hereinafter provided, no person, corporation or association shall store, handle, transport, sell, keep for sale, offer, give away, dispose of, fire off or explode any blank cartridges or pyrotechnics of any sort within the Town, whether indoors or outdoors, except upon a written permit.

Exceptions. Nothing in this section shall be held to apply to the possession or use of signaling devices in current daily use by railroads, vessels, automobile trucks and/or truck trailers, nor shall it include flashlight composition ordinarily used in photography, nor shall it include caps or cap pistols used to explode them.

Permit application and issuance. Any person, firm, corporation, society, group, association or organization may obtain a permit to conduct an exhibition of fireworks by filing a written application therefor with the Town Clerk, which shall specify the time and place of such proposed exhibition and the name of the person in charge thereof. The Town Clerk shall refer the application to the Department and the Police Department and, upon its acceptance, obtain approval, modification or disapproval from the Town Board. If approved, the Town Clerk shall issue such permit, specifying the time and place of the exhibition and the name of the person who shall have charge of such exhibition, to be designated, in writing, by the Town Clerk.

Liability insurance. No permit may be issued unless the Town is named as additional insured on the prospective permit holder's general liability policy. Insurance shall be in a minimum sum of $2,000,000.

No more than 15% or 350 square feet of the floor area of the dwelling unit, whichever is less, shall be devoted to the home occupation.

No person shall be employed other than residents of the dwelling.

No stock-in-trade shall be displayed such that it is visible from the property line nor sold on the premises.

A home occupation shall not be conducted in any accessory structure.

No sales or services shall be conducted requiring members of the public to come to the dwelling.

There shall be no outdoor storage of equipment or materials used in the home occupation.

Not more than one vehicle used in commerce shall be permitted in connection with any home occupation. Vehicle parking is further subject to the provisions of § 192-103.

The conduct of any home occupation, including but not limited to the storage of goods or equipment, shall not reduce or render unusable the garage provided for parking for the dwelling unit.

No mechanical, electrical or other equipment which produces noise, electrical or magnetic interference, vibration, heat, glare or other nuisance outside the residential structure shall be used.

No home occupation shall be permitted which is illegal, noxious, offensive or hazardous by reason of hours of operation, vehicular traffic, generation or emission of noise, vibration, smoke, dust or other particulate matter, odorous matter, heat, humidity, glare, refuse, radiation or other objectionable emissions.

Instruction for no more than two students at one time shall be allowed.

In no event shall the harboring, grooming, breeding, boarding or training of more than five domesticated animals in any building or an any lot be considered a permitted home occupation, whether or not for profit.

Portions of buildings designated and approved for commercial purposes shall not be used for dwelling purposes, and portions of buildings designated and approved for dwelling purposes shall not be used for commercial purposes.

Dwelling units in any residential district shall not be converted or altered to allow other uses.

This provision shall not be deemed to prohibit the use of a portion of the building or structure as living quarters for caretakers or attendants of places of worship or institutions where such uses are authorized in any zoning district.

The procedure outlined in § 164-10, Modifications of zoning provisions; cluster development, shall be utilized as provided for in New York State Town Law § 278. The restriction in § 164-10C(1) that it only applies to residential districts is removed as it applies to mixed uses.

Overall project density shall be based on the blended density parameters described herein in consultation with the Planning Board prior to preliminary site plan and subdivision preparation. Commercial density is generally limited to 20% building coverage of its allocated share of project lands. Residential density is generally limited to four dwelling units per acre of its allocated share of project lands.

The Planning Board may, in addition to modifying the building bulk, placement and height rules as provided for in NY State Town Law § 278, modify the parking requirements in a mixed-use development in accordance with the following:

Mixed use is intended to provide a development where residential and commercial uses are integrated into a pedestrian-friendly neighborhood. Project amenities that address this objective include but are not limited to:

Mobile home parks shall comply with the requirements of Chapter 122 of the Town Code.

Mobile homes shall only be allowed in mobile home parks.

The fact that a motor vehicle which is located on a property other than an approved facility for vehicle sales or commercial garage or does not display a current motor vehicle registration or license plate shall be presumptive evidence that such motor vehicle is not in condition for legal use upon the highways. With respect to any motor vehicle or equipment not required to be licensed or a motor vehicle not usually used on public highways, the fact that such motor vehicle or equipment is not in condition to be removed under its own power shall be presumptive evidence that such motor vehicle or equipment is a junk motor vehicle unless refuted by verifiable and credible proof.

In a residential district, unless stored inside a building, the keeping of unlicensed motor vehicles in operating condition or junk motor vehicles or equipment is not allowed.

In districts other than a residential district, the keeping of unlicensed motor vehicles in operating condition or junk motor vehicles or equipment may be permitted if approved as a commercial garage or vehicle sales facility as provided for in § 192-71 and § 192-86, respectively.

No commercial or recreational motor vehicle, other machinery or equipment shall be parked or stored out of doors in residential districts except in the rear yard within five feet of the principal dwelling, within the extended lines from the sides of the residence, and no closer than five feet to the side or rear property lines.

Section 192-79.1, Residential vehicle storage, shall become effective January 1, 2010.

No play equipment shall be located in the required front yards.

Every application for a day-care facility shall set forth:

Outdoor seating abutting a restaurant may be permitted only in a Business, Industrial or High Tech District.

Along any sidewalk where the parking of motor vehicles is permitted, an additional eight feet of unobstructed space adjacent to the curb is required to allow for discharging passengers and screening.

The site shall be located no closer than 300 feet from any residential lot line or residential district boundary and shall contain at least five acres of land.

The design of the facility shall minimize light and noise disturbance and comply at all times with noise levels of 50 dBA at the property line.

Parking and stacking areas shall be provided as required by this chapter without obstruction to traffic on public streets.

No recreational vehicle shall be used or maintained for living or residential purposes in any district.

All sales, displays and storage shall be conducted within a completely enclosed building unless authorized through site plan review.

Ingress, egress and traffic circulation on the site shall be designed and maintained to minimize hazards and congestion.

Particular temporary uses permitted. Application must be made to the Department, which may issue such permit(s) for the allowable uses in this section, setting forth in the permit any conditions or requirements which will be applicable to the temporary use.

Parking. The Department shall review the applicant's assessment of the total number of off-street parking spaces which shall be reasonably required for the particular temporary use, its intensity, and the provision of additional parking facilities in the area and may approve such temporary use only if such off-street parking is provided.

Period of operation. A temporary use shall be operated only during those hours or on any days of the week as specified in this section and as approved by the Department on the basis of the nature of the temporary use and the surrounding uses.

No such use shall be located within 100 feet of any residential district boundary line as measured from the nearest property line.

All vehicle sales areas shall require a sales building associated with the business.

Up to one vehicle may be allowed for every 1,000 square feet of lot area.

An outdoor vehicle sales area shall be surfaced with an asphalt or Portland cement pavement providing an all-weather, durable and dustless surface and shall be graded and drained to dispose of surface water accumulation by means of a positive stormwater drainage system.

Sufficient screening shall be provided along all lot lines abutting or adjacent to residentially developed property to block any view of repair operations and stored material and equipment from all points on such residential property when viewed from six feet above ground level.

Vehicle parking shall be subject to the off-street parking requirements set forth in § 192-103, plus vehicle sales area storage equal to one stall per vehicle and which stalls may be stacked.

Vehicle sales areas shall be staffed during customary business hours.

No such use shall be located closer than 100 feet from any residential lot or residential district boundary line as measured from the nearest lot lines.

No open-air outdoor storage of merchandise shall be permitted unless approved through site plan review.

Storage of materials and equipment shall take place within the principal building.

Refuse and trash may be stored outdoors at all times only if placed in closed containers located in an area screened from view at all points on any public or private property or street when viewed from six feet above ground level.

No inoperable, unregistered or unlicensed vehicle shall be stored for more than hours outside of a completely enclosed building.

Adequate screening shall be provided along all lot lines.

In order to insure all vehicle service stations, commercial garages, vehicle sales areas and/or any businesses which are licensed by the State of New York to conduct vehicle inspections, repairs or vehicle sales operations (hereinafter collectively referred to as "vehicle businesses") are in conformance with the requirements of this Code, and approvals of the Zoning Board of Appeals and/or Planning Board at the time the use was originally permitted or amended, within two years of the enactment of this Code, the vehicle business shall be required to obtain a certificate of compliance from the Department for the continued operation of its business in the Town.

The Department shall take into account the following criteria before issuing a certificate of compliance:

If a certificate of compliance is not issued by the Department, the owner and/or operator of the vehicle business shall receive written notice of the reasons for nonissuance and shall either cease doing business within 90 days of notice from the Department that no certificate will be issued or shall apply appropriate approval of the Zoning Board of Appeals or Planning Board within 90 days of notice and obtain approval and implement a site plan and associated construction/improvements within an additional six months of such notice. The criteria for site plan review shall include this chapter and the Design Guidelines.

Stables shall be subject to the following general requirements.

Additional conditions for public stables.

Additional conditions for private stables.