Town Of Eden, NY Zoning Ordinance

The general regulations affecting the use of buildings, structures and land for each of the districts established by Article III are hereby established and set forth in this article. Single-family uses are keyed in this article by the parentheses around respective use groups or references.

Any dwelling which existed as a residence in any district except the SR* District on May 11, 1977, may be changed from a one-family dwelling to a two-family dwelling, provided that the outside dimensions of the structure are not enlarged, and further provided that each dwelling unit contains the required minimum livable floor area for a single-family dwelling in such district.

The Zoning Ordinance outlines permitted and specially permitted uses within each district into five categories as outlined below, as well as accessory uses:

(1)

Agricultural.

Residential.

Institutional.

Commercial.

Industrial.

Each use category is further divided into more specific "subcategories." Use subcategories classify principal land uses and activities based on typical functions, product, or physical characteristics, such as the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered and site conditions. Some use subcategories are further broken down to identify specific use, business or activity types that are regulated differently than the parent subcategory as a whole.

Specific regulations associated with the use are noted in the table and provided in the applicable section of this chapter. For the MU-1 and MU-2 Districts, regulations are contained within the prohibited uses set forth in § 225-28.

Site plan approval. All uses listed require site plan approval by the Planning Board in accordance with § 225-30, with the following exceptions: agriculture, forestry, cemeteries, reservoirs, one-family dwellings, two-family dwellings, semi-attached dwellings and permitted accessory uses thereto.

All uses are subject to performance standards set forth in § 225-28.

Transfer of development rights shall apply to those districts noted and in accordance with § 225-34.

Use table.

Table IV-1: Table of Permitted Uses
	PK	AP	RR	MFR	R2	LI	Regulatory Reference
P Permitted Use \| SP Special Use Permit \| — Not Permitted							Regulatory Reference
AGRICULTURAL USES
Commercial farming	P	P	P	—	SP	SP	§ 225-13
Retail agricultural sales	—	P	P	—	SP	SP
Livestock and animal husbandry	—	P	P	—	SP	SP	§ 225-13
RESIDENTIAL USES
Residential living
Single-family detached	P	P	P	—	P	—
Temporary housing (single-family)	—	SP	SP	SP	SP	—	§ 225-14B
Single-family attached	—	—	P	SP	P	—
Multi-unit building	—	—	SP	P	SP	—	§ 225-14B
Group living
Assisted-living facility	—	—	P	P	—	—	§ 225-14B
Nursing home	—	—	SP	P	—	—	§ 225-14B
Personal care home (under 7 residents)	—	—	SP	P	—	—	§ 225-14B
Personal care home (7+ residents)	—	—	SP	SP	—	—	§ 225-14B
Temporary group housing	—	—	SP	—	—	—	§ 225-14B
Transitional/Rehabilitation housing	—	—	SP	SP	—	—	§ 225-14B
INSTITUTIONAL USES
Cemetery	—	—	SP	—	—	—
Club or lodge	SP	—	SP	—	SP	—
Educational services
School	—	—	P	P	SP	—
Business or trade school	—	—	P	P	SP	—
Municipal services	P	P	P	P	P	P
Place of worship	P	P	P	P	P	—
Medical services (small-scale)	—	—	SP	—	SP	—	§ 225-15B
Sports and recreation
Small indoor (less than 100 occupants)	SP	—	SP	SP	SP	—	§ 225-15B
Large indoor (more than 100 occupants)	SP	—	SP	SP	SP	—	§ 225-15B
Outdoor	SP	—	—	SP	SP	—	§ 225-15B
Public utility	SP	SP	SP	SP	SP	SP
Telecommunication facilities	SP	SP	SP	SP	SP	SP
5G facilities	P	P	P	P	P	P
Hotels and motor lodges	—	—	SP	—	—	—
COMMERCIAL USES
Day care	—	—	SP	P	SP	—
Library/Cultural exhibits	P	P	P	P	P	—
Drive-through facility
Primary use	—	—	—	—	—	—
Accessory to any use	—	—	—	—	—	—
Eating and drinking establishments
Restaurant	P	SP	SP	—	—	P
Brewpub	P	SP	SP	—	—	P
Craft brewery/distillery/winery	P	SP	SP	—	—	P
Entertainment/Spectator sports
Indoor	P	SP	SP	—	—	—
Outdoor	P	SP	SP	—	—	—
Financial services
Bank, credit union, brokerage, investment	—	—	—	—	SP	SP
All other financial services	—	—	—	—	SP	SP
Funeral and mortuary services	—	—	—	—		SP
Lodging
Bed-and-breakfast	P	P	P	P	SP	—	§ 225-15B
Short-term rental/AirBnB	P	P	P	—	P	—	§ 225-15B
Vacation camps and summer colonies	SP	SP	SP	—	—		§ 225-15B
Commercial office	SP	SP	—	—	—	SP
Parking
Municipal	P	P	P	P	P	P
Private	—	SP	—	—	—	—
Retail sales and services
Retail Ag complimentary products	P	P	P	—	SP	SP
Artisan retail sales	P	P	P	—	SP	SP
General retail sales	P	—	—	—	SP	SP
Personal services	—	—	SP	—	SP	SP
Firework sales	—	—	—	—	—	—
General liquor sales	—	—	—	—	—	—
Vape shop or other tobacco sales	—	—	—	—	—	—
Sexually oriented business	—	—	—	—	—	SP	§ 225-15B
Cannabinoid hemp products sales	—	SP	SP	S	—	SP
Vehicle equipment, sales and services
Agricultural sales and repair	—	P	SP	—	—	SP	§ 225-15B
Gasoline sales	—	—	—	—	—	SP	§ 225-15B
Vehicle sales	—	—	—	—	—	SP	§ 225-15B
Vehicle rental	—	—	—	—	—	SP	§ 225-15B
Vehicle repair (retail/commercial)	—	SP	SP	—	—	SP	§ 225-15B
Vehicle cleaning station	—	—	—	—	—	SP	§ 225-15B
Tattoo parlors	—	—	—	—	—	—
Junk/Salvage yard	—	—	—	—	—	—
EV charging stations (commercial)	—	—	—	SP	SP	SP
Animal services
Boarding/Kennels	—	SP	SP	—	—	—	§ 225-15B
Grooming	—	SP	SP	—	—	—	§ 225-15B
Veterinary	—	SP	SP	—	—	SP	§ 225-15B
Breeders/Dealers	—	SP	SP	—	—	—	§ 225-15B
Consumer/Personal Services	—	—	—	—	—	SP
INDUSTRIAL USES
General fabrication and production
Agricultural equipment	—	SP	SP	—	—	P
Artisan	—	SP	SP	SP	SP	P
General	—	SP	SP	—	—	P
Agricultural processing and production
Food-based	—	P	P	—	—	P
Liquor-based	—	SP	SP	—	—	P
Cannabinoid hemp products sales	—	SP	SP	—	—	P
Storage, distribution and wholesale distribution
Equipment and material storage	—	SP	SP	—	—	P
Self-service storage	—	SP	SP	—	—	P
Trucking and transportation terminal	—	SP	SP	—	—	P
Warehouse	—	SP	SP	—	—	P
Outdoor storage	—	SP	SP	—	—	P
Wholesale sales and distribution	—	SP	SP	—	—	P
Utility scale solar/wind systems/storage	—	SP	SP	—	—	SP	Chapter 172
ACCESSORY USES
Accessory buildings and structures	—	P	P	P	P	P
Accessory dwelling units (ADU)	—	P	P	P	P	—	§ 225-14
Home occupations	—	P	P	P	P	P	§ 225-35
Mobile food units	P	P	P	SP	—	P
Residential scale solar/wind systems/storage	P	P	P	P	P	P	Chapter 172
Hobby farming	P	P	P	SP	P	—	§ 225-16
Farm stands	P	P	P	SP	P	—	§ 225-16

[Amended 4-9-2025 by L.L. No. 4-2025]

Lot and building/bulk regulations.

Regulation	District
Regulation	AP	RR	MFR	R2	LI
Minimum Lot Area (Acres)
Public water/sewer	5	5	—	5	—
No public water/sewer	5	5	—	5	—
Minimum Lot Frontage (feet)	300	200	—	125	—
Minimum Building/Structure Setbacks (feet)
Front	50	50	—	50	—
Side (each)	35	35	—	35	—
Rear	35	35	—	35	—
Minimum Accessory Building/Structure Setbacks (feet)
Front	50	50	Not permitted in front yards
Side (each)	35	50	—	50	—
Rear	35	50	—	50	—
Maximum Lot Coverage	35%	35%	—	35%	—
Maximum Building Height (feet)
Principal building	35	35	—	35	—
Accessory buildings/structures	35	35	—	35	—

District-specific supplemental use regulations. Those supplemental regulations that are applicable to all districts are found in Article VI.

(1)

Commercial farming. Operations and accessory uses thereto shall have no stable or similar animal housing or the storage of manure or other odor- or dust-producing substance or use, except spraying and dusting to protect vegetation, within 50 feet of any lot line.

(2)

Livestock and animal husbandry. The keeping, breeding and raising of cattle (including dairies), sheep, goats, pigs and horses and rental of horses shall be on lots a minimum of 20 acres or more. The keeping, breeding and raising of fowl shall be on lots a minimum of five acres or more.

(3)

Within the Agricultural Priority and Rural Residential Zoning Districts, licensed adult-use retail dispensaries are permitted, with special use permit, provided that the dispensary licensee legally cultivates the product being sold. On-site consumption sites are not permitted as an agricultural use.

Lot and building/bulk regulations.

Regulation	District
Regulation	AP	RR	MFR	R2	LI
Minimum Lot Area (Acres)
Public water/sewer	4	1	2	0.33	200
No public water/sewer	4	2	—	0.75	—
Minimum Lot Frontage (feet)	300	200	300	75¹ 125²	—
Minimum Building/Structure Setbacks (feet)
Front	50	40	50	30	—
Side (each)	35	25	35	5	—
Rear	35	35	35	20	—
Minimum Accessory Building/Structure Setbacks (feet)
Front	Not permitted in front yards
Side (each)	35	35	35	5	—
Rear	35	35	35	20	—
Maximum Lot Coverage	20%	35%	75%	75%	—
Maximum Building Height (feet)
Principal Building	35	35	35	35	—
Accessory Buildings/Structures	35	35	35	35	—
Minimum Size Primary Residence	900 SF

Notes:
¹ 75 feet with water and sewer.
² 125 feet without water and sewer.

District-specific supplemental use regulations. Those supplemental regulations that are applicable to all districts are found in Article VI.

(1)

Accessory dwelling units. The following apply to permitting accessory dwelling units (ADU) on legally filed, compliant lots:

(a)

Maximum permitted per lot: one detached ADU per lot or one attached ADU per lot.

(b)

Bulk regulations. Setbacks, lot coverage, building coverage, and other bulk regulations shall be applicable to the lot, including any/all ADUs.

(c)

Principal dwelling. There shall be a legally permitted, owner-occupied principal dwelling upon each lot on which an ADU is proposed.

(d)

Design. The design of the ADU shall be complementary to the principal dwelling in size, scale, and design. The Zoning Officer shall refer the building/site plan to the Planning Board for further review and recommendations as needed. ADUs shall be located in rear or side lots if adequate space exists.

(e)

ADU size. Each ADU shall have a minimum livable area of 800 square feet (SF) in size.

(f)

Parking/Access. A minimum of one parking spot per ADU is required, whether a dedicated space or provided within the existing lot if sufficient space currently exists. An existing driveway access may be utilized for the ADU.

(g)

Water/Wastewater. The ADU shall be provided with public utility service(s) as they exist, with a separate meter for the dwelling. For lots with private utilities (water and/or sewer and/or gas), the applicant shall be responsible for providing proof that sufficient capacity exists for wells and septic systems to handle additional loads to the satisfaction of the Zoning Officer. Proof shall certify both the adequacy of design and the effective operation of the system. Expansions or modifications to sanitary systems shall be designed and certified by a NYS licensed professional engineer.

(2)

Temporary group housing. Dormitory-style accommodations for housing migratory agricultural workers, provided that such premises are constructed in conformance with the New York State Multiple Residence Law and are not occupied for more than eight months in any calendar year.

(3)

Multiple-dwelling units. Multiple dwellings are classified as conventional multiple dwellings and townhouse multiple dwellings. Conventional multiple dwellings consist of a structure or group of structures containing dwelling units with common floor and ceilings (one unit above another) as well as one or more party walls. Townhouse multiple dwellings have no common floor or ceilings, with one or more party walls opposite one another. Townhouse multiple dwellings may be developed on one lot or may be developed on individual subdivided lots in accordance with Subsection B(3)(e) herein.

(a)

Multiple-dwelling developments shall be serviced by approved public sewage disposal facilities and public water supply.

(b)

Multiple-dwelling structures shall be set back not less than 50 feet from any lot line; however, the Planning Board may reduce such setbacks to not less than the requirements for semi-attached dwellings for townhouse multiple dwellings where such setbacks will aid in blending the development into the neighborhood.

(c)

Not less than 1,000 square feet of usable recreation area per unit will be immediately accessible to the multiple-dwelling structures.

(d)

No multiple dwelling shall contain more than three bedrooms or other areas convertible to bedrooms. The total number of bedrooms in conventional multiple dwellings divided by the total number of dwellings shall not exceed 2.2. The total number of bedrooms in townhouse multiple dwellings divided by the total number of dwellings shall not exceed 3.0.

(e)

Townhouse multiple dwellings may be subdivided on individual lots, subject to the provisions of § 280-a of New York State Town Law on lots with a minimum lot size of four times the floor area of the dwelling. Subdivisions of townhouse multiple dwellings shall be in accordance with Chapter 184, Subdivision of Land, and shall be conditional on approval of the site plan and issuance of the certificate of occupancy of each unit. No subdivision of townhouse multiple dwellings shall be filed prior to issuance of the certificate of occupancy of all units within a structure.

(f)

Recreation fees-in-lieu, pursuant to Chapter 184, Subdivision of Land, and the Town's adopted recreation fee schedule shall be payable at the time of site plan approval for all multiple-family development projects. Such fees may be waived or reduced where recreation areas meeting the requirements for municipal recreation areas are provided by the developer.

(g)

Access to and egress from the proposed development shall be to a street classified as a collector or arterial as set forth on the Official Map of the Town of Eden. Such entrances and exits shall be at least 100 feet from any intersection and shall have at least 300 feet of sight distance in both directions.

(h)

No building shall be located within 100 feet of any pond, reservoir, lake or watercourse which is part of a water supply system.

(i)

The Town Board may allow an additional 10% of apartment units which shall be designed for and the occupancy of which is restricted to persons 60 years of age or greater. Such units shall consist of no more than one bedroom.

(j)

Multiple-dwelling developments shall be buffered from surrounding conventional residence areas by landscaping and fencing areas occupying the required yards.

(k)

Multiple-dwelling structure design features.

[1]

No multiple-dwelling structure shall be longer than 160 feet.

[2]

No roofline of any structure will exceed 80 feet without a vertical break of at least 5% of the building width.

[3]

No face of any multiple dwelling shall consist of less than two planes interrupted by a distance of at least 10% of the building width for each four units contained therein.

[4]

No structure shall be closer than the height of the higher building wall. Distance between buildings shall be such that the northernmost building shall receive sun at the lowest window elevation of a dwelling unit for 46 weeks each year (sun angle computation).

[5]

Provision for enclosed storage of garbage shall be provided.

[6]

For each two-bedroom or larger unit provided, one child play space (seat, apparatus or play space) shall be provided conforming to the standards of the American Playground Association.

[7]

In addition to the standards for landscaping set forth in § 225-31, the grounds and vicinity of buildings shall be provided with decorative landscape materials with an equivalent value of two months' projected rental of the project.

[8]

Construction materials, in addition to conformance with the Building Code of the Town of Eden, shall be of a color and texture characteristic of the adjacent residential development.

[9]

Exterior lighting along walks and near buildings shall be provided utilizing architectural-grade equipment and shall not exceed 0.9 footcandle measured at ground level.

[10]

Dwelling units shall be so designed and arranged in buildings as to ensure a minimum of three hours of sunlight at one window of each unit per day. No units with full northern exposure shall be permitted.

[11]

Walks shall be provided throughout the development area that will ensure that drives shall not be required for pedestrian circulation.

[Amended 4-9-2025 by L.L. No. 4-2025]

Lot and building/bulk regulations.

Regulation	District
Regulation	AP	RR	MFR	LI
Minimum Lot Area (Acres)
Public water/sewer	4	2	—	0
No public water/sewer	4	2	—	0
Minimum Lot Frontage (feet)	300	250	—	0
Minimum Building/Structure Setbacks (feet)
Front	50	30	50	0
Side (each)	35	35	35	10
Rear	35	35	35	20
Minimum Accessory Building/Structure Setbacks (feet)
Front	Not permitted in front yards
Side (each)	35	50	50	10
Rear	35	30	50	20
Maximum Lot Coverage	35%	50%	80%	80%
Maximum Building Height (feet)
Principal Building	35	35	35	35
Accessory Buildings/Structures	35	35	35	35

District-specific supplemental use regulations. Those supplemental regulations that are applicable to all districts are found in Article VI. All uses herein are subject to performance standards in Article VI, § 225-28.

(1)

Sports and recreation uses. Recreational uses listed below, whether in private or public ownership and other than accessory to single-family residential use, shall be subject to the following regulations:

(a)

Swimming pools shall be classified and located as follows:

Type of Pool (class)	Maximum Area (square feet)	Minimum Setback From Any Property Line (feet)
A	Over 3,500	175
B	2,501 to 3,500	150
C	1,501 to 2,500	125
D	801 to 1,500	100
E	800 or less	Refer to § 225-35.1.

(b)

All recreational facilities shall comply with the following minimum setback requirements:

Type of Facility	Minimum Setback From Any Property Line (feet)
Handball courts	100
Basketball courts	60
Baseball diamond (not outfield)	100
Volleyball courts	60
Concession stands	100
Casino buildings	100
Concentrated picnic areas (tables, barbecue pits, etc.)	100
Outfield relative to baseball or softball	50
Parking areas	25
Picnic grounds (not improved)	50
Games normally involving fewer than 10 people, such as horseshoe pits, nature trails, etc.	50
Golf course fairways, disc/frisbee golf, miniature golf, or related activities	50
Tennis courts	40

(c)

Lighting. If outdoor lighting is provided for any of the foregoing recreational facilities, including swimming pools, which permits the use of the facilities after 10:00 p.m., the applicable setback requirements for such facility shall be doubled. All lighting shall be located so as not to be visible at the source from any adjoining property. Floodlights on poles not less than 75 feet from any property line directed toward the center of property and shielded from any nearby residential areas shall be deemed to comply with the latter regulations.

(d)

Noise. Public address systems or any other amplified noises are subject to separate permit of the Town Board.

(e)

Use of pool. The maximum number of families permitted to use any swimming pool shall be the area in square feet of the swimming pool divided by 10. Any portion of a pool designed to hold less than two feet of water in depth shall not be included in total pool area set forth in Subsection B(1)(a).

(f)

Buildings. All structures shall be of a permanent nature.

(2)

Vacation camps and summer colonies.

(a)

Vacation campgrounds and summer colonies are a special permit use consisting of a tract of land designed exclusively for overnight and short-duration vacation, providing facilities for tents, camp trailers, motor homes, recreation activities, administration, public health and safety. There shall be no more than one campsite for every 15,000 square feet of lot area.

(b)

In addition to uses specified above, summer cottages and bungalows may be allowed. Each such accommodation unit shall require 40,000 square feet of camp area and shall be on sites of not less than 10,000 square feet. Covenants acceptable to the Town Attorney shall be filed on such areas precluding year-round residence in such cottages and bungalows or precluding sale or occupancy of such bungalows for other than the uses set forth herein.

(c)

Minimum frontage: 200 feet of frontage on state or county highway. Where a parcel of land does not have 200 feet of frontage on a state or county highway, minimum frontage of 50 feet may be permitted for use as an easement for gaining access to a larger parcel that would otherwise meet the requirements of the special permit use. The front yard of such a parcel shall begin at the point where a line running parallel with the state or county highway equals 200 feet.

(d)

Minimum spacing between campsite pads: 80 feet (extremity to extremity).

(e)

Water supply. The site shall be serviced by a municipal or private water system. A minimum rate of 200 gallons per day per site shall be provided at a minimum pressure of 20 pounds per square inch at peak demand. An adequate supply of potable water shall be provided within 250 feet of all campsites. One water spigot with soakage pit or other disposal facilities shall be provided for each 10 campsites without water facilities. Other water sources supplied to toilets and urinals shall not be physically connected with the drinking supply or be available for public use.

(f)

Sewage disposal. The site shall be provided with a municipal or approved private sanitary sewage disposal system.

[1]

Toilets. Only flush toilets shall be provided.

[a]

Women: one toilet per five sites.

[b]

Men: one toilet per 10 sites.

[c]

A minimum of two toilets for each sex shall be provided.

[2]

Lavatories or other hand-washing facilities shall be provided at a ratio of one for each 15 sites (without water and sewage hookups) for each sex.

[3]

Showers. One shower for each 15 campsites shall be provided. Each shower must be served with hot and cold or tempered water between 90° F. and 110° F. Two showers must be provided for each sex.

[4]

Dishwater disposal. One dishwater disposal facility shall be provided for each five campsites or provided in connection with each toilet facility.

[5]

Sewage treatment facility. The design shall be based on the water supply design flow plus infiltration and approved by the Town Engineer and State Department of Health. At least one travel trailer sanitary dumping station shall be supplied for every 100 campsites or fewer. The location of septic tanks, distribution lines and disposal fields shall be as approved by the Town Engineer and State Department of Health.

(g)

Solid waste disposal. One receptacle shall be provided for each campsite.

(h)

Vehicular access. Each campground area shall be provided with two means of access from county and state roads. Sight distance at the entrance and exit must be unobstructed for a distance of 300 feet in each direction. In the event that two separate means of access cannot be provided due to a lack of adequate sight distance at the point of access or egress or due to limited frontage on a state or county highway, the Planning Board may approve an alternate design that will ensure adequate safety.

(i)

Streets. Each campground area shall provide a collector street with a minimum width of 18 feet for two-way traffic and 10 feet for one-way traffic. As a minimum, the street shall be constructed with a gravel base with adequate drainage and a water-bound macadam surface as approved by the Town Engineer. Radius of curvature shall be 50 feet minimum. Grades shall not exceed 12%.

(j)

Parking. A level space of 14 feet by 50 feet shall be provided for each campsite, within which a strip of 10 feet by 50 feet shall be constructed, as a minimum, with a gravel base and water-bound macadam surface. Pull-through trailer and motor home parking spaces of 45° shall be constructed, as a minimum, with a gravel base and a water-bound macadam surface.

(k)

Sufficient exterior illumination of the site shall be required to provide convenience and safety. All such illumination shall be shielded from the view of all surrounding properties and streets.

(l)

The entire site, except for areas covered by structures or service or parking areas, shall be suitably landscaped. All landscaping shall be approved by the Planning Board and properly maintained after planting.

(m)

All campground sites shall be screened from the view of adjacent properties and adjoining public highways by means of an opaque screen of plant materials and/or fencing. All screening shall be approved by the Planning Board, properly maintained after placement and located within the required front, rear and side yards.

(n)

All campground sites shall provide suitable recreation area or areas on the site containing not less than 10% of the campground site and may include a suitably improved, fenced and equipped children's play area.

(o)

No permanent structures shall be permitted for use as living quarters, with the exception of the resident manager or property owner. The resident manager or a caretaker shall be on the premises on a regular basis, as determined by the Building and Zoning Inspector, to guard against vandalism during the off-season.

(p)

Recreational facilities, such as golf courses, tennis courts, swimming pools and camp recreational facilities, shall be for campsite guests only. Requirements for setbacks for recreational uses shall be as set forth in Subsection A.

(q)

Fire protection. The property owner shall ensure that adequate fire protection equipment is on the premises at all times, as recommended by the Building and Zoning Inspector and the Bureau of Fire Protection.

(r)

Public phone. Each campground shall have at least one public telephone.

(s)

Each permit issued for a campground shall be valid for a period of 24 months from the date of issue. Renewal application shall be filed with the Building and Zoning Inspector not more than 60 days prior to the expiration of the twenty-four-month period. Prior to the issuance of a renewal permit, the Building and Zoning Inspector shall inspect the campground premises for compliance with all applicable regulations. Thereafter, and within 30 days of the expiration of the twenty-four-month period, the Building and Zoning Inspector shall submit a report, in writing, to the Town Board. The Board shall automatically renew the permit unless it finds a substantial failure to comply with these regulations reported by the Building and Zoning Inspector. In the event that the Board finds that there has been a substantial violation of these regulations, then it shall hold a public hearing to determine the renewal of the permit.

(t)

Fees. An application fee in accordance with the Standard Schedule of Fees of the Town of Eden shall be paid prior to site plan approval. The fee shall be renewable upon expiration of the campground permit.

(u)

Performance bond. A performance bond, maintenance bond or both, as determined by the Town Board, shall be provided to ensure the proper installation and maintenance of public improvements.

(3)

Adult uses.

(a)

Definitions. As used in this subsection, the following definitions shall apply:

ADULT ARCADE

Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically or mechanically controlled still or motion-picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by depicting or describing specified sexual activities or specified anatomical areas.

ADULT BOOKSTORE or ADULT VIDEO STORE

[1]

An establishment which, as one of its principal or significant purposes, offers for sale or rental for any form of consideration, or which designates a portion or section for the display or sale of any one or more of the following:

[a]

Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videocassettes or video reproductions, slides or other visual representations which depict or describe specified sexual activities or specified anatomical areas; or

[b]

Instruments, devices or paraphernalia which are primarily intended, labeled, designed, advertised or promoted for use in connection with specified sexual activities.

[2]

An establishment may have other principal or significant business purposes that do not involve the offering for sale or rental of material depicting or describing specified sexual activities or specified anatomical areas and still be categorized as "adult bookstore" or "adult video store" if one of its principal or significant business purposes is the offering for sale or rental for consideration the above-specified materials which depict or describe specified sexual activities or specified anatomical areas. For purposes of this definition, "principal or significant business purpose" shall mean 25% or more of any of the following:

[a]

The number of different titles or kinds of such merchandise;

[b]

The number of copies or pieces of such merchandise;

[c]

The amount of floor space devoted to the sale and/or display of such merchandise; or

[d]

The amount of advertising which is devoted to such merchandise, either in print or broadcast media.

ADULT CABARET

An establishment which regularly features:

[1]

Persons who appear in a state of nudity; or

[2]

Live performances which are characterized by the exposure of specified anatomical areas or specified sexual activities; or

[3]

Films, motion pictures, videocassettes, slides, or photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

ADULT MOTEL

A hotel, motel or similar establishment which offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas; and has a sign visible from the public right-of-way which advertises the availability of this adult-type of photographic reproductions.

ADULT MOTION-PICTURE THEATER

An establishment where, for any form of consideration, films, motion pictures, videocassettes, slides or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

ADULT THEATER

A theater, concert hall, auditorium or similar establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.

ADULT USE AND ENTERTAINMENT ESTABLISHMENTS (also referred to herein as "ADULT-ORIENTED BUSINESSES")

An establishment, or any part thereof, which presents any of the following entertainment, exhibitions or services: topless and/or bottomless dancers; strippers; topless waitresses or waiters, busing or similar service; topless hair care or massages; service or entertainment where the servers or entertainers wear pasties or G-strings or both; adult arcade; adult bookstore or adult video stores; adult cabarets; adult motels; adult motion-picture theaters; adult theaters; escort agencies; nude model studios; and sexual encounter centers. Adult use and entertainment establishments customarily exclude minors by reason of age.

ESCORT

A person who, for a fee, tip or other consideration, agrees or offers to act as a date for another person; for consideration, agrees or offers to privately model lingerie for another person; for consideration, agrees or offers to privately perform a striptease for another person; or, for consideration but without a license granted by the State of New York, agrees or offers to provide a massage for another person.

ESCORT AGENCY

A person or business association who or which furnishes, or offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip or other consideration.

MASSAGE PARLOR

Any place where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments or any other treatment or manipulation of the human body occurs as part of or in connection with sexual conduct or where any person providing such treatment, manipulation or service related thereto exposes specified anatomical areas or engages in specified sexual activities.

NUDE MODEL STUDIO

Any place where a person who appears in a state of nudity or displays specified anatomical areas is regularly provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay money or any form of consideration, other than as part of a course of instruction offered by an education institution established pursuant to the laws of the State of New York.

NUDITY or STATE OF NUDITY

The appearance of specified anatomical areas.

PERSON

An individual, proprietorship, partnership, corporation, association or other legal entity.

PORN SHOP

Any establishment engaged in the sale or promotion of sexual acts or behavior as in writing, photographs and other materials depicting sexual acts or behavior designed to stimulate erotic feelings.

SEMINUDE

A state of dress in which clothing covers no more than the specified anatomical areas, as well as portions of the body covered by supporting straps or devices.

SEXUAL CONDUCT

Includes the following.

[1]

The fondling or touching of human genitals, pubic region, buttock or female breasts;

[2]

Ultimate sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation and sodomy;

[3]

Masturbation; and

[4]

Excretory functions as part of or in connection with any of the activities set forth in Subsections [1] through [3].

SEXUAL ENCOUNTER CENTER

An enterprise that, as one of its primary or significant business purposes, offers, for any form of consideration, activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or is seminude.

SPECIFIED ANATOMICAL AREAS

[1]

Unless completely and opaquely covered, human genitals, pubic region, buttocks or breasts below a point immediately above the top to the areola; and

[2]

Even if completely and opaquely covered, male genitals in a discernibly turgid state.

SPECIFIED SEXUAL ACTIVITIES

Includes any of the following:

[1]

The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or breasts;

[2]

Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy;

[3]

Masturbation, actual or simulated; or

[4]

Excretory functions.

(b)

Legislative intent. It is the purpose of this subsection to regulate the creation, opening, commencement and/or operation of adult use and entertainment establishments, as herein defined, in order to achieve the following:

[1]

To preserve the character and the quality of life in the Town of Eden's neighborhoods and business areas.

[2]

To control documented harmful and adverse secondary effects of adult uses on the surrounding areas, such as decreased property values; attraction of transients; parking and traffic problems; increased crime; loss of business for surrounding nonadult business; and deterioration of neighborhoods.

[3]

To restrict minors' access or exposure to adult uses.

[4]

To maintain the general welfare and safety for the Town of Eden's residents.

(c)

Purposes and considerations.

[1]

In the execution of this subsection, it is recognized that there are some uses which, by their very nature, have serious objectionable characteristics. The objectionable characteristics of these uses are increased by their concentration in any one area, thereby having deleterious effects on adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhoods or land uses.

[2]

It is further declared that the location of these uses in regard to areas where Eden's youth may regularly assemble and the general atmosphere encompassing their operation is of great concern to the Town of Eden.

[3]

The intent of this subsection is to provide adult entertainment uses without compromising the character of the neighborhood.

[4]

This will be achieved through lighting being reflected away from abutting roadways and adjoining properties, and limiting these facilities to large parcels of property in order to maintain the visual and aesthetic environment, as well as provide adequate distances to protect neighbors from noise, obnoxious traffic, lights and other deleterious impacts. It is further declared that the location of these uses in regard to areas where Eden's youth may regularly assemble and the general atmosphere encompassing their operation is of great concern.

(d)

Restricted uses shall be as follows:

[1]

Adult use and entertainment establishments (aka "adult-oriented businesses").

[2]

Adult arcade.

[3]

Adult bookstore or adult video store.

[4]

Adult cabaret.

[5]

Adult motel.

[6]

Adult motion-picture theater.

Adult theater.

Escort agency.

Massage parlor.

Nude model studio.

Porn shop.

Sexual encounter center.

(e)

Special requirements. No person shall cause or permit the use, occupancy or establishment of any land, building or structure as or for a restricted use, as enumerated in Subsection (3)(d) above and defined herein unless such person shall have obtained therefor a special permit in accordance with Article X of this chapter and site plan review and approval in accordance with Article VI of this chapter, and subject to any special standards as may hereinafter be required.

(f)

Regulation of restricted uses. Restricted uses, as enumerated in Subsection (3)(d) above and defined herein, are to be restricted and regulated as to their location in the following manner, in addition to and subject to any other requirements of the Code of the Town of Eden. The special requirements itemized in this subsection are intended to accomplish the primary purposes of ensuring that any objectionable characteristics of these uses will not have a deleterious effect on adjacent areas and restricting their accessibility by and exposure to minors.

[1]

Location.

[a]

A restricted use shall not be located:

[i]

Within a 500-foot radius of any area zoned for residential use.

[ii]

Within a 1/4-mile radius of another such use.

[iii]

Within a 1,000-foot radius of any school grounds, day-care facility, library, church or other place of religious worship, park, playground, playing field or any place of business which regularly has minors on the premises.

[iv]

Within a 1,000-foot radius of any public pathway, walkway or walking path upon which minors are likely to travel.

[b]

The above distances of separation shall be measured from the nearest exterior wall of the structure containing the adult use and entertainment establishment.

[2]

Any proposed adult-oriented business shall meet all other development standards and requirements of the Code of the Town of Eden, including but not limited to lot and bulk regulations, facade and screening regulations. In the event of any conflict between the requirements of any other provisions of this chapter, including but not limited to bulk regulations, and the special requirements set forth herein, the special requirements of this regulation shall apply.

[3]

No adult-oriented business shall be permitted in any building where the majority of the floor area of the building is in residential use, including nonconforming residential use.

[4]

In addition to the required parking spaces, one parking space for each permitted occupancy of the space devoted to the use shall be provided.

[5]

Any lighting shall be arranged so as to reflect the light away from the adjoining properties and abutting roadways.

[6]

Hours of operation shall be no earlier than 7:00 a.m. and no later than 11:00 p.m.

[7]

No person under the age of 18 years old shall be permitted into the premises or onto the property of an adult-oriented business.

[8]

All yard setbacks shall be at least 200 feet.

[9]

No amplifiers or loudspeakers of any type shall be installed outside the building.

[10]

All such uses shall be subject to a special use permit and site plan approval, and the Town Board and Planning Board may impose certain terms and conditions upon the granting of site plan approval as they deem reasonable and appropriate to further the aims of this subsection.

[11]

There shall be a fifty-foot landscaped area along the entire highway frontage, except for necessary drives and sidewalks.

[12]

No site improvements shall take place within 50 feet of any adjoining residential property (parking, lighting, etc.).

[13]

These special regulations are itemized in this subsection to accomplish the primary purposes of preventing a concentration of these uses in any one area and restricting their accessibility.

[14]

No adult-oriented business shall be operated in a manner that permits or allows the observation of any material depicting, describing or relating to specified sexual activities or specified anatomical areas from any public walkways, rights-of-way or similar areas.

(g)

Limits on restricted uses. No more than one restricted use, as enumerated in Subsection (3)(d) above, shall be located on any one parcel.

(h)

Permitted zoning districts. All adult use and entertainment establishments as defined herein may only be created, opened, commenced or operated as delineated in the Planned Industrial (PI) Zoning District and are subject to the restrictions, regulations, permits and approvals set forth herein.

(i)

Display prohibited. All adult uses and entertainment establishments shall be conducted in an enclosed building. It shall be a violation to display or exhibit (in the open air, through a window, or by means of a sign, depiction or decoration), or to allow to be displayed or exhibited, any specified anatomical area or specified sexual activity.

(j)

Penalties for offenses. Any person, firm, corporation or entity found to be violating any provision(s) of this subsection shall be guilty of a violation and subject to the penalties for offenses under Article VIII, § 225-42, of this chapter.

(4)

Animal services, boarding, grooming.

(a)

Commercial animal kennels (not including stables). The harboring, boarding or training of animals, whether enclosed in a structure or on open land, and whether or not accessory to other principal uses of the land, shall be conducted in accordance with the following general standards.

[1]

In issuing the special permit for animal kennels, the permit shall stipulate the maximum number and type of animals to be boarded, harbored or trained. That number shall not exceed 10,000 square feet per 100 pounds of animal body weight characteristic of the species so harbored. The square footage of the lot area is that area of the lot not including any required yards.

[2]

Except as otherwise provided herein, all facilities shall be maintained in enclosed structures which shall be constructed and maintained in such a manner as to produce no noise, dust or odors at any property lot line. Exercise pens and runways shall not be maintained within 200 feet of any lot line, but shall be 300 feet from the front yard lot line when such line abuts a residential use or district. Notwithstanding the foregoing, in issuing a special use permit, the Town Board may allow reasonable variations from these requirements when appropriate for particular species or breeds of animals.

[3]

In considering the application for a special permit for the animal kennel use, the Town Board may consider the number, size, breed and temperment of animals to be sheltered and impose reasonable conditions to protect proximate uses, aesthetic impact and safety of the animals sheltered in order to ensure the health, safety and general welfare of the community.

(b)

Boarding/Grooming and other nonmedical animal services.

[1]

All domestic animals shall be kept either within completely enclosed structures or under direct control of the operator or staff at all times and shall be indoors between the hours of 7:00 p.m. and 7:00 a.m.

[2]

Any outdoor activities shall be short-term and within a secure, fenced-in area.

[3]

Landscaping and screening shall be provided adjacent to any residential uses.

[4]

All excrement shall be properly disposed of in receptacles.

[5]

The operation of the facility shall not allow the creation of noise by any domestic animal or animals under its care which can be heard by any person at or beyond the property line of the lot on which the facility is located repeatedly over a ten-minute period.

(5)

Medical services.

(a)

Medical services, including, but not limited to, hospitals, sanitariums, urgent care facilities, and resident homes for the aged providing medical care facilities, which are available to the residents of the Town of Eden, may be permitted by the Town Board subject to conditions and safeguards as appropriate.

(b)

If such medical service use is intended to care or treat cases of contagious or infectious diseases or those suffering from mental disorders, all structures which form such institution shall not be less than 250 feet from any property line.

(c)

In granting a special permit for such uses, the Town Board may require as a condition of approval that adequate improvements to local streets and highways be undertaken as necessary for increased traffic and in order that emergency vehicles can be properly accommodated.

(d)

No special permits are authorized under this subsection for any institution which is totally tax-exempt or not subject to appropriate fees in lieu of taxes for municipal services, including utilities, fire protection, police protection and road maintenance for means of access.

(6)

Vehicle equipment, sales and service.

(a)

Gasoline service stations. By special permit of the Town Board, gasoline service stations are permitted, provided that no plot line of any station shall be closer than 200 feet to a school, playground, church, hospital, library or institution for the elderly or children. No gasoline service station shall be permitted within 1,000 feet of any other gasoline service facility fronting on the same street or 1,500 feet from any plot line of such station to a plot line of another station.

[1]

Ingress and egress.

[a]

Ingress and egress points for gasoline service facilities shall be located a minimum of 70 feet from the intersection of right-of-way lines on a Town road and shall comply with requirements with respect to state, county or Town roads.

[b]

Entrance and exit driveways shall have a width of not less than 25 feet and not more than 40 feet, shall be located not nearer than 10 feet to any property line and shall be so laid out as to avoid the necessity of any vehicle backing out across any public right-of-way.

[2]

Vehicle lifts or pits, dismantled or unlicensed automobiles and all parts or supplies shall be located within a building enclosed on all sides.

[3]

All service or repair of motor vehicles, other than such minor servicing as change of tires or sale of gasoline or oil, shall be conducted in a building enclosed on all sides. This requirement shall not be construed to mean that the doors to any repair shop must be kept closed at all times.

[4]

The storage of gasoline or flammable oils in bulk shall be located fully underground and not nearer than five feet to any property line other than the street line, provided that the vents are 35 feet from any property line.

[5]

No gasoline pumps shall be located nearer than 20 feet to any street line.

(b)

Motor vehicle sales and service agencies. Motor vehicle sales and service agencies for the sale and servicing of new and used motor vehicles, motor vehicle accessories, recreation vehicles and farm equipment and ordinary uses incidental thereto are permitted, provided that such agency is a franchised dealer or factory-owned dealership of new motor vehicles, recreation vehicles and farm equipment and that all operations are conducted from the same site, subject to the following standards and regulations:

[1]

Entrance and exit driveways shall have an unrestricted width of not less than 30 feet and shall be located not closer than 20 feet to any buffer line and not closer than 75 feet to any intersecting street line. Said driveways shall be so laid out as to avoid the necessity for any vehicle entering the site to back out across any public right-of-way or portion thereof.

[2]

A minimum of one off-street parking space shall be required for each 600 square feet of display, sales and service area. Such parking space may be permitted in the front yard area by the Planning Board at the time of site plan review but not closer than 30 feet to the street line. Such parking space shall not be utilized for the storage of motor vehicles, except that an area for the display of new motor vehicles may be permitted by the Planning Board at the time of site plan review. No parking of motor vehicles shall be permitted within public rights-of-way.

[3]

Outdoor storage of motor vehicles, recreation vehicles and farm equipment shall be permitted only in the side or rear yards.

[4]

Within any side or rear yard, except where such abuts another motor vehicle sales and service agency, a permanent landscaped buffer 20 feet in width shall be required. Such buffer areas shall either be maintained in their natural state, if adequate ground cover is present, or landscaped in accordance with the requirements of the Planning Board at the time of the site plan review. No required parking or access shall be permitted within any required buffer area.

[5]

All service or repair of motor vehicles shall be conducted in a building fully enclosed on all sides.

[6]

Two gasoline pumps may be permitted incidental to the use of the premises, but the sale of gasoline to the general public shall not be permitted. Said gasoline pumps shall not be located in the front yard or in the required buffer areas.

[7]

The storage of gasoline or flammable oils in bulk shall be located fully underground in accordance with the approval of the Planning Board at the time of site plan review and shall not be located nearer than 35 feet to any property line other than the street line.

(7)

Industrial development. Planned industrial developments are permitted subject to the following:

(a)

Exterior walls of opposite or adjacent buildings shall be located no closer than 1.5 times the height of the higher building wall, but in no case closer than 50 feet.

(b)

Building groups shall be so located and arranged that all structures have access for emergency vehicles.

(c)

Restrictive covenants shall be imposed on the site based on the approved site plan, enforceable by all tenants of such development.

(d)

Applicable environmental standards of § 225-28 shall be strictly adhered to. All applications under this subsection shall describe in detail the procedures and equipment to be utilized and shall further indicate the anticipated characteristics of the industrial processes.

(e)

All uses, processing and storage shall be within fully enclosed structures, and no tanks, cupolas, vents or other apparatus peculiar to the processing shall be visible outside the approved buildings. The facade of buildings and structures in planned industrial uses shall be compatible with adjacent development and shall be fully landscaped. The landscaping standards of § 225-31 shall be increased 50% for planned industrial uses.

(f)

No building in planned industrial uses shall exceed 30,000 square feet of floor space.

(8)

Lodging.

(a)

Bed-and-breakfast. No dwelling unit shall be used as a bed-and-breakfast unless it is in compliance with this chapter and subject to the following regulations:

[1]

The building shall be a detached, single-family or two-family residence with a certificate of occupancy for such use.

[2]

The building shall be occupied as a principal residence by its owner during any period of time in which it is also being used and occupied as a bed-and-breakfast.

[3]

A single-family or two-family residence providing bed-and-breakfast accommodations may be located in any zoning district and shall have a minimum of four bedrooms. No separate kitchen facilities for registered guests shall be provided. In the case where an existing two-family residence is to be used as a bed-and-breakfast, a separate kitchen may be used by the owner-occupant.

[4]

In addition to the number of bedrooms occupied by the owner in connection with the residential use, the number of bedrooms available for registered guests shall not exceed five.

[5]

The number of registered guests occupying the premises at any one time shall not exceed 10.

[6]

The residence must have a minimum of two parking spaces and at least one parking space for each room to be let. When four or more parking spaces are provided, the parking area shall be screened from direct view of any adjacent residential use.

[7]

Not more than one employee shall be permitted to work on the premises at any time, and none shall be present between the hours of 11:00 p.m. and 6:00 a.m. Members of the owner's immediate family who are residents on the premises shall not be considered employees, whether paid or unpaid.

[8]

No guest may be registered for more than seven consecutive nights. The owner shall maintain a guest register and shall preserve registration records for a minimum of three years. The register and all records shall be made available for inspection by the Town of Eden or its designees at any time.

[9]

No meals except for breakfast shall be served on the premises to registered guests.

[10]

The building shall be in compliance with all applicable zoning, building, fire, electrical and plumbing codes; i.e., NYS Uniform Codes.

(b)

Short-term rental. Residential property owners may use their dwellings for short-term rentals (30 days or less) after applying for and obtaining a residential rental permit from the Zoning Office and payment of a fee as set forth by the Town Board and subject to the following:

[1]

The owner of the rental property assumes responsibility for the health, safety, and welfare of the renter(s) by assuring compliance with the appropriate fire prevention and building codes, sanitary codes, and local Town of Eden Zoning Code. Each rental dwelling shall be equipped with a functioning smoke detector and CO2 monitor, in compliance with New York State Uniform Fire Prevention and Building Code.

[2]

The owner of the rental property assumes responsibility for the conduct of the tenants so as to protect the health, safety, and welfare of the surrounding property owners and to protect the property values of the neighborhood.

[3]

The rental premises must have adequate parking, garbage facilities, occupancy, septic capacity, and a local emergency contact, as determined by the provisions in this code, and by determination of the Zoning Officer. If the Zoning Officer determines any of these requirements are not adequately addressed, or that the residential rental is in a location that may pose adverse impacts, site plan review may be required.

[a]

Septic systems. All on-site septic systems shall be clearly identified to prevent damage from cars parking or installation of equipment. Additionally, short-term rentals with inadequate septic systems, as determined by the Zoning Officer, will have reduced occupancy limitations set by the Zoning Officer and based on the capacity of the septic system that services the short-term rental, based on bedroom count.

[b]

Occupancy limitation. A short-term rental permit requires the completion of a property maintenance inspection by Zoning Officer. Occupancy limitation is based on the number of bedrooms in the short-term rental and/or the square footage of livable space in the short-term rental, and is calculated by the Zoning Officer during their property maintenance inspection, as required by this subsection and by the short-term rental permit. Each residential rental shall, at a minimum, comply with New York State Property Maintenance Code Section 404.1 pertaining to minimum square footage requirements per person, and shall not exceed any occupancy limits enforced by the Town of Eden. Additionally, short-term rentals with inadequate septic systems, as determined by the Zoning Officer, will have reduced occupancy limitations set by the Zoning Officer and based on the capacity of the septic system that services the short-term rental, based on bedroom count and a maximum of two persons per bedroom. The Zoning Officer may utilize professional consultants as necessary for occupancy determinations.

[c]

Parking. All owners of short-term rentals shall require, at a minimum, two parking spaces for the renters of the property. For every four allowable renters for a short-term rental, there shall be a minimum of one additional parking space (i.e., a rental property with 12 renters allowed must have three spaces). In no case shall the rental property allow for more than 10 cars to be parked at the property.

[d]

Requirements of owners of rental property. All owners of short-term rental property shall maintain, at the premises to be rented, the signed residential rental permit, which contains information on emergency contact persons, relevant septic system information, trash disposal information, occupancy limitations (including duration limit for short-term rentals and minimum lengths of stay for rentals over 30 days in duration), and any other pertinent information relevant to use or restrictions of the property.

[4]

Grandfathering of preexisting, nonconforming short-term residential rentals. Short-term residential rentals located in zoning districts where the use is no longer allowed but that were in existence and known (recorded) by the Town of Eden on or before the date of the adoption of this subsection shall be grandfathered and allowed to continue as a short-term residential rental, only if:

[a]

The owner of said residential rental follows the same process for permitting of the short-term residential rental, as described in this subsection.

[b]

The property is located on a major thoroughfare street or other highly traveled road that is not conducive to privacy from vehicles or noise from traffic. Those rentals in existence on or before the date of the adoption of this subsection that are located on dead-end residential streets or cul-de-sac streets are not to be grandfathered due to the private nature and residential character of said streets.

[c]

Any grandfathered short-term residential rental shall only be allowed to continue under the same property ownership as of the date of this subsection when the residential rental was grandfathered. Any change of ownership or changes in deeds to reflect new owners shall constitute a cancellation of the grandfathered short-term residential rental status.

[d]

If the property to be grandfathered as a short-term rental is allowed to continue based on the above standards, said rental shall not accumulate more than three legitimate complaints on the property due to said rental; "legitimate" meaning a complaint that garners a violation of the Town Code or a follow-up response (not just a complaint) to the rental property from a police agency. Any grandfathered short-term residential rental that accumulates more than three legitimate complaints on the operation of the short-term residential rental shall have its grandfathered status withdrawn and the short-term residential rental shall cease.

[5]

Violations. If any of the following situations arise at a permitted property for short-term rentals, it will constitute a violation, subject to penalties for offenses (§ 225-42):

[a]

Overcrowding; excess number of people above and beyond what the Town of Eden has determined is allowed or excess number of vehicles from that which was stated and agreed upon on short-term rental permit.

[b]

Any septic violations; system failures of any kind.

[c]

Violation of any local noise ordinances.

[d]

Any instances where the police authorities are called and show up at the permitted property; i.e., out-of-control parties, domestic disturbances, fighting, noise, etc.

[e]

Any new fire code violations that arise after a permit is issued.

[f]

Any violations of garbage/littering or what was agreed upon in the short-term rental permit.

(9)

Hotels and motor lodges. These may be permitted as provided herein, subject to the following regulations:

(a)

Hotel and motor lodge units shall not contain kitchen facilities of any nature and shall not be used as apartments for nontransient tenants.

(b)

Hotel and motor lodge units shall not contain more than two rooms and shall not be connected by interior doors in groups of more than two.

(c)

An accommodation unit shall not be occupied by more than three adults at any one time.

(d)

There shall be no more than one hotel or motor lodge unit for each 2,400 square feet of site area.

(e)

Each hotel or motor lodge room shall have an area of at least 240 square feet, and a hotel or motor lodge unit including bath and closet facilities shall be not less than 300 square feet. Each hotel or motor lodge unit shall have a bath facility with shower or bath, one toilet facility and sink.

(f)

The following accessory uses shall be permitted:

[1]

One house or apartment, with or without kitchen facilities, for the use of the hotel or motor lodge manager or caretaker and his or her family.

[2]

One restaurant and/or coffee shop or cafeteria providing food and drink.

[3]

Amusements and sports facilities for the exclusive use of hotel guests, including:

[a]

Swimming pool.

[b]

Children's playground.

[c]

Tennis and other game courts.

[d]

Game or recreation rooms.

[4]

Office and lobby, provision of which shall be mandatory for each hotel or motor lodge.

[5]

Meeting and/or conference rooms.

(g)

No more than two signs shall be permitted on the site, the total area of which shall not exceed 160 square feet.

(h)

The landscaping requirements of § 225-31 shall be increased by 50% for all motor lodge development.

(i)

The exterior treatment, including colors, textures and materials, of all structures within a hotel or motor lodge development shall be muted and blended into the surrounding landscape or adjacent land uses. Lighting throughout the area shall not exceed 1.5 footcandles (reflective method) at ground level; except in the case of recreational facilities, which may be illuminated in excess of that standard, provided that opaque screening is utilized to entirely block the reflected glare of the area from adjacent uses.

(10)

Licensed adult-use cannabis retail dispensaries and on-site consumption sites are permitted in Light Industrial Zoning District, subject to the following:

(a)

Special use permit required.

(b)

Not permitted if located adjacent to property whose primary use is residential.

Lot and building/bulk regulations are provided for in each use category above.

Accessory-specific supplemental use regulations.

(1)

Agricultural accessory uses. Barns, silos and produce storage and packing warehouses, and other such similar incidental and supporting structures associated with agricultural operations, provided that such accessory buildings shall conform to the yard requirements for principal buildings.

(2)

Hobby farming. The keeping of animals as follows: not more than four horses over six months old; not more than 10 fowl; and not more than two of any other species of animal. No animal shall be maintained within 75 feet of any plot line, except dogs and cats.

(3)

Farm stands. A one-story building for display and sale of agricultural and nursery products, provided that any such building does not exceed 5,000 square feet in floor area and is set back 30 feet from any line.

Uses permitted by right: all uses permitted in the primary district, subject to floodplain performance standards, except that residences are prohibited within floodplain areas. Refer to Chapter 114, Flood Damage Prevention. Bulk regulations are unchanged from the primary district, except as noted herein or in the supplemental regulations applying to this district.

Uses by special permit of the Town Board: all uses permitted in the primary district, subject to floodplain performance standards, except that residences are prohibited within floodplain areas. Refer to Chapter 114, Flood Damage Prevention. Bulk regulations are unchanged from the primary district, except as noted herein or in the supplemental regulations applying to this district.

Permitted accessory uses: same as primary district.

Permitted accessory signs: same as primary district.

Minimum off-street parking: same as primary district.

Minimum off-street loading berths: same as primary district.

Additional use regulations: same as primary district.

Purpose. The purpose of the RMS4 Overlay District is to identify the area within the Town of Eden which has been determined by federal and state agencies to be a regulated municipal separate storm sewer system (RMS4) under the Phase II Stormwater Permit Program.

Boundary description. The RMS4 Overlay District consists of lands in the Town of Eden located within the regulated MS4 area identified on the map entitled "Buffalo, N.Y. Urbanized Area: Stormwater Entities as Defined by the 2000 U.S. Census," which map has a design date of October 21, 2002, published by the New York State Department of Environmental Conservation, which is the same area shown on the Wendel-Duescherer map entitled "Town of Eden MS4 Area," dated July, 2007, and contained in the Town of Eden Stormwater Management Plan.

Permitted uses. Any use which is permitted in the underlying zoning district is permissible in the RMS4 Overlay District, provided that use, construction and/or development is in conformance with such local laws or regulations as have been or will be enacted pursuant to the Phase II Stormwater Permit Program requirements, including, but not limited to, any local law providing for stormwater management and erosion management and sediment control and any local law prohibiting illicit discharges, activities and connections to separate storm sewer system.

The Zoning Ordinance outlines permitted and specially permitted uses within each district into five categories as outlined below, as well as accessory uses:

Agricultural.

Residential.

Institutional.

Commercial.

Industrial.

All uses are subject to performance standards set forth in § 225-28.

Transfer of development rights shall apply to those districts noted and in accordance with § 225-34.

Use table.

Table IV-1: Table of Permitted Uses
	PK	AP	RR	MFR	R2	LI	Regulatory Reference
P Permitted Use \| SP Special Use Permit \| — Not Permitted							Regulatory Reference
AGRICULTURAL USES
Commercial farming	P	P	P	—	SP	SP	§ 225-13
Retail agricultural sales	—	P	P	—	SP	SP
Livestock and animal husbandry	—	P	P	—	SP	SP	§ 225-13
RESIDENTIAL USES
Residential living
Single-family detached	P	P	P	—	P	—
Temporary housing (single-family)	—	SP	SP	SP	SP	—	§ 225-14B
Single-family attached	—	—	P	SP	P	—
Multi-unit building	—	—	SP	P	SP	—	§ 225-14B
Group living
Assisted-living facility	—	—	P	P	—	—	§ 225-14B
Nursing home	—	—	SP	P	—	—	§ 225-14B
Personal care home (under 7 residents)	—	—	SP	P	—	—	§ 225-14B
Personal care home (7+ residents)	—	—	SP	SP	—	—	§ 225-14B
Temporary group housing	—	—	SP	—	—	—	§ 225-14B
Transitional/Rehabilitation housing	—	—	SP	SP	—	—	§ 225-14B
INSTITUTIONAL USES
Cemetery	—	—	SP	—	—	—
Club or lodge	SP	—	SP	—	SP	—
Educational services
School	—	—	P	P	SP	—
Business or trade school	—	—	P	P	SP	—
Municipal services	P	P	P	P	P	P
Place of worship	P	P	P	P	P	—
Medical services (small-scale)	—	—	SP	—	SP	—	§ 225-15B
Sports and recreation
Small indoor (less than 100 occupants)	SP	—	SP	SP	SP	—	§ 225-15B
Large indoor (more than 100 occupants)	SP	—	SP	SP	SP	—	§ 225-15B
Outdoor	SP	—	—	SP	SP	—	§ 225-15B
Public utility	SP	SP	SP	SP	SP	SP
Telecommunication facilities	SP	SP	SP	SP	SP	SP
5G facilities	P	P	P	P	P	P
Hotels and motor lodges	—	—	SP	—	—	—
COMMERCIAL USES
Day care	—	—	SP	P	SP	—
Library/Cultural exhibits	P	P	P	P	P	—
Drive-through facility
Primary use	—	—	—	—	—	—
Accessory to any use	—	—	—	—	—	—
Eating and drinking establishments
Restaurant	P	SP	SP	—	—	P
Brewpub	P	SP	SP	—	—	P
Craft brewery/distillery/winery	P	SP	SP	—	—	P
Entertainment/Spectator sports
Indoor	P	SP	SP	—	—	—
Outdoor	P	SP	SP	—	—	—
Financial services
Bank, credit union, brokerage, investment	—	—	—	—	SP	SP
All other financial services	—	—	—	—	SP	SP
Funeral and mortuary services	—	—	—	—		SP
Lodging
Bed-and-breakfast	P	P	P	P	SP	—	§ 225-15B
Short-term rental/AirBnB	P	P	P	—	P	—	§ 225-15B
Vacation camps and summer colonies	SP	SP	SP	—	—		§ 225-15B
Commercial office	SP	SP	—	—	—	SP
Parking
Municipal	P	P	P	P	P	P
Private	—	SP	—	—	—	—
Retail sales and services
Retail Ag complimentary products	P	P	P	—	SP	SP
Artisan retail sales	P	P	P	—	SP	SP
General retail sales	P	—	—	—	SP	SP
Personal services	—	—	SP	—	SP	SP
Firework sales	—	—	—	—	—	—
General liquor sales	—	—	—	—	—	—
Vape shop or other tobacco sales	—	—	—	—	—	—
Sexually oriented business	—	—	—	—	—	SP	§ 225-15B
Cannabinoid hemp products sales	—	SP	SP	S	—	SP
Vehicle equipment, sales and services
Agricultural sales and repair	—	P	SP	—	—	SP	§ 225-15B
Gasoline sales	—	—	—	—	—	SP	§ 225-15B
Vehicle sales	—	—	—	—	—	SP	§ 225-15B
Vehicle rental	—	—	—	—	—	SP	§ 225-15B
Vehicle repair (retail/commercial)	—	SP	SP	—	—	SP	§ 225-15B
Vehicle cleaning station	—	—	—	—	—	SP	§ 225-15B
Tattoo parlors	—	—	—	—	—	—
Junk/Salvage yard	—	—	—	—	—	—
EV charging stations (commercial)	—	—	—	SP	SP	SP
Animal services
Boarding/Kennels	—	SP	SP	—	—	—	§ 225-15B
Grooming	—	SP	SP	—	—	—	§ 225-15B
Veterinary	—	SP	SP	—	—	SP	§ 225-15B
Breeders/Dealers	—	SP	SP	—	—	—	§ 225-15B
Consumer/Personal Services	—	—	—	—	—	SP
INDUSTRIAL USES
General fabrication and production
Agricultural equipment	—	SP	SP	—	—	P
Artisan	—	SP	SP	SP	SP	P
General	—	SP	SP	—	—	P
Agricultural processing and production
Food-based	—	P	P	—	—	P
Liquor-based	—	SP	SP	—	—	P
Cannabinoid hemp products sales	—	SP	SP	—	—	P
Storage, distribution and wholesale distribution
Equipment and material storage	—	SP	SP	—	—	P
Self-service storage	—	SP	SP	—	—	P
Trucking and transportation terminal	—	SP	SP	—	—	P
Warehouse	—	SP	SP	—	—	P
Outdoor storage	—	SP	SP	—	—	P
Wholesale sales and distribution	—	SP	SP	—	—	P
Utility scale solar/wind systems/storage	—	SP	SP	—	—	SP	Chapter 172
ACCESSORY USES
Accessory buildings and structures	—	P	P	P	P	P
Accessory dwelling units (ADU)	—	P	P	P	P	—	§ 225-14
Home occupations	—	P	P	P	P	P	§ 225-35
Mobile food units	P	P	P	SP	—	P
Residential scale solar/wind systems/storage	P	P	P	P	P	P	Chapter 172
Hobby farming	P	P	P	SP	P	—	§ 225-16
Farm stands	P	P	P	SP	P	—	§ 225-16

[Amended 4-9-2025 by L.L. No. 4-2025]

Lot and building/bulk regulations.

Regulation	District
Regulation	AP	RR	MFR	R2	LI
Minimum Lot Area (Acres)
Public water/sewer	5	5	—	5	—
No public water/sewer	5	5	—	5	—
Minimum Lot Frontage (feet)	300	200	—	125	—
Minimum Building/Structure Setbacks (feet)
Front	50	50	—	50	—
Side (each)	35	35	—	35	—
Rear	35	35	—	35	—
Minimum Accessory Building/Structure Setbacks (feet)
Front	50	50	Not permitted in front yards
Side (each)	35	50	—	50	—
Rear	35	50	—	50	—
Maximum Lot Coverage	35%	35%	—	35%	—
Maximum Building Height (feet)
Principal building	35	35	—	35	—
Accessory buildings/structures	35	35	—	35	—

District-specific supplemental use regulations. Those supplemental regulations that are applicable to all districts are found in Article VI.

(1)

(2)

(3)

Lot and building/bulk regulations.

Regulation	District
Regulation	AP	RR	MFR	R2	LI
Minimum Lot Area (Acres)
Public water/sewer	4	1	2	0.33	200
No public water/sewer	4	2	—	0.75	—
Minimum Lot Frontage (feet)	300	200	300	75¹ 125²	—
Minimum Building/Structure Setbacks (feet)
Front	50	40	50	30	—
Side (each)	35	25	35	5	—
Rear	35	35	35	20	—
Minimum Accessory Building/Structure Setbacks (feet)
Front	Not permitted in front yards
Side (each)	35	35	35	5	—
Rear	35	35	35	20	—
Maximum Lot Coverage	20%	35%	75%	75%	—
Maximum Building Height (feet)
Principal Building	35	35	35	35	—
Accessory Buildings/Structures	35	35	35	35	—
Minimum Size Primary Residence	900 SF

Notes:
¹ 75 feet with water and sewer.
² 125 feet without water and sewer.

District-specific supplemental use regulations. Those supplemental regulations that are applicable to all districts are found in Article VI.

(1)

Accessory dwelling units. The following apply to permitting accessory dwelling units (ADU) on legally filed, compliant lots:

(a)

Maximum permitted per lot: one detached ADU per lot or one attached ADU per lot.

(b)

Bulk regulations. Setbacks, lot coverage, building coverage, and other bulk regulations shall be applicable to the lot, including any/all ADUs.

(c)

Principal dwelling. There shall be a legally permitted, owner-occupied principal dwelling upon each lot on which an ADU is proposed.

(d)

(e)

ADU size. Each ADU shall have a minimum livable area of 800 square feet (SF) in size.

Multiple-dwelling developments shall be serviced by approved public sewage disposal facilities and public water supply.

(b)

(c)

Not less than 1,000 square feet of usable recreation area per unit will be immediately accessible to the multiple-dwelling structures.

No building shall be located within 100 feet of any pond, reservoir, lake or watercourse which is part of a water supply system.

(i)

(j)

Multiple-dwelling developments shall be buffered from surrounding conventional residence areas by landscaping and fencing areas occupying the required yards.

(k)

Multiple-dwelling structure design features.

[1]

No multiple-dwelling structure shall be longer than 160 feet.

[2]

No roofline of any structure will exceed 80 feet without a vertical break of at least 5% of the building width.

[3]

No face of any multiple dwelling shall consist of less than two planes interrupted by a distance of at least 10% of the building width for each four units contained therein.

[4]

[5]

Provision for enclosed storage of garbage shall be provided.

[6]

For each two-bedroom or larger unit provided, one child play space (seat, apparatus or play space) shall be provided conforming to the standards of the American Playground Association.

[7]

[8]

Construction materials, in addition to conformance with the Building Code of the Town of Eden, shall be of a color and texture characteristic of the adjacent residential development.

[9]

Exterior lighting along walks and near buildings shall be provided utilizing architectural-grade equipment and shall not exceed 0.9 footcandle measured at ground level.

[10]

[11]

Walks shall be provided throughout the development area that will ensure that drives shall not be required for pedestrian circulation.

[Amended 4-9-2025 by L.L. No. 4-2025]

Lot and building/bulk regulations.

Regulation	District
Regulation	AP	RR	MFR	LI
Minimum Lot Area (Acres)
Public water/sewer	4	2	—	0
No public water/sewer	4	2	—	0
Minimum Lot Frontage (feet)	300	250	—	0
Minimum Building/Structure Setbacks (feet)
Front	50	30	50	0
Side (each)	35	35	35	10
Rear	35	35	35	20
Minimum Accessory Building/Structure Setbacks (feet)
Front	Not permitted in front yards
Side (each)	35	50	50	10
Rear	35	30	50	20
Maximum Lot Coverage	35%	50%	80%	80%
Maximum Building Height (feet)
Principal Building	35	35	35	35
Accessory Buildings/Structures	35	35	35	35

(1)

(a)

Swimming pools shall be classified and located as follows:

Type of Pool (class)	Maximum Area (square feet)	Minimum Setback From Any Property Line (feet)
A	Over 3,500	175
B	2,501 to 3,500	150
C	1,501 to 2,500	125
D	801 to 1,500	100
E	800 or less	Refer to § 225-35.1.

(b)

All recreational facilities shall comply with the following minimum setback requirements:

Type of Facility	Minimum Setback From Any Property Line (feet)
Handball courts	100
Basketball courts	60
Baseball diamond (not outfield)	100
Volleyball courts	60
Concession stands	100
Casino buildings	100
Concentrated picnic areas (tables, barbecue pits, etc.)	100
Outfield relative to baseball or softball	50
Parking areas	25
Picnic grounds (not improved)	50
Games normally involving fewer than 10 people, such as horseshoe pits, nature trails, etc.	50
Golf course fairways, disc/frisbee golf, miniature golf, or related activities	50
Tennis courts	40

(c)

(d)

Noise. Public address systems or any other amplified noises are subject to separate permit of the Town Board.

(e)

(f)

Buildings. All structures shall be of a permanent nature.

(2)

Vacation camps and summer colonies.

Minimum spacing between campsite pads: 80 feet (extremity to extremity).

(e)

(f)

Sewage disposal. The site shall be provided with a municipal or approved private sanitary sewage disposal system.

[1]

Toilets. Only flush toilets shall be provided.

[a]

Women: one toilet per five sites.

[b]

Men: one toilet per 10 sites.

[c]

A minimum of two toilets for each sex shall be provided.

[2]

Lavatories or other hand-washing facilities shall be provided at a ratio of one for each 15 sites (without water and sewage hookups) for each sex.

[3]

Showers. One shower for each 15 campsites shall be provided. Each shower must be served with hot and cold or tempered water between 90° F. and 110° F. Two showers must be provided for each sex.

[4]

Dishwater disposal. One dishwater disposal facility shall be provided for each five campsites or provided in connection with each toilet facility.

[5]

(g)

Solid waste disposal. One receptacle shall be provided for each campsite.

Sufficient exterior illumination of the site shall be required to provide convenience and safety. All such illumination shall be shielded from the view of all surrounding properties and streets.

Public phone. Each campground shall have at least one public telephone.

(s)

(t)

(u)

Performance bond. A performance bond, maintenance bond or both, as determined by the Town Board, shall be provided to ensure the proper installation and maintenance of public improvements.

(3)

Adult uses.

(a)

Definitions. As used in this subsection, the following definitions shall apply:

ADULT ARCADE

ADULT BOOKSTORE or ADULT VIDEO STORE

[1]

[a]

[b]

Instruments, devices or paraphernalia which are primarily intended, labeled, designed, advertised or promoted for use in connection with specified sexual activities.

[2]

[a]

The number of different titles or kinds of such merchandise;

[b]

The number of copies or pieces of such merchandise;

[c]

The amount of floor space devoted to the sale and/or display of such merchandise; or

[d]

The amount of advertising which is devoted to such merchandise, either in print or broadcast media.

ADULT CABARET

An establishment which regularly features:

[1]

Persons who appear in a state of nudity; or

[2]

Live performances which are characterized by the exposure of specified anatomical areas or specified sexual activities; or

[3]

Films, motion pictures, videocassettes, slides, or photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

ADULT MOTEL

ADULT MOTION-PICTURE THEATER

ADULT THEATER

ADULT USE AND ENTERTAINMENT ESTABLISHMENTS (also referred to herein as "ADULT-ORIENTED BUSINESSES")

ESCORT

ESCORT AGENCY

A person or business association who or which furnishes, or offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip or other consideration.

MASSAGE PARLOR

NUDE MODEL STUDIO

NUDITY or STATE OF NUDITY

The appearance of specified anatomical areas.

PERSON

An individual, proprietorship, partnership, corporation, association or other legal entity.

PORN SHOP

Any establishment engaged in the sale or promotion of sexual acts or behavior as in writing, photographs and other materials depicting sexual acts or behavior designed to stimulate erotic feelings.

SEMINUDE

A state of dress in which clothing covers no more than the specified anatomical areas, as well as portions of the body covered by supporting straps or devices.

SEXUAL CONDUCT

Includes the following.

[1]

The fondling or touching of human genitals, pubic region, buttock or female breasts;

[2]

Ultimate sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation and sodomy;

[3]

Masturbation; and

[4]

Excretory functions as part of or in connection with any of the activities set forth in Subsections [1] through [3].

SEXUAL ENCOUNTER CENTER

SPECIFIED ANATOMICAL AREAS

[1]

Unless completely and opaquely covered, human genitals, pubic region, buttocks or breasts below a point immediately above the top to the areola; and

[2]

Even if completely and opaquely covered, male genitals in a discernibly turgid state.

SPECIFIED SEXUAL ACTIVITIES

Includes any of the following:

[1]

The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or breasts;

[2]

Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy;

[3]

Masturbation, actual or simulated; or

[4]

Excretory functions.

(b)

[1]

To preserve the character and the quality of life in the Town of Eden's neighborhoods and business areas.

[2]

[3]

To restrict minors' access or exposure to adult uses.

[4]

To maintain the general welfare and safety for the Town of Eden's residents.

(c)

Purposes and considerations.

[1]

[2]

[3]

The intent of this subsection is to provide adult entertainment uses without compromising the character of the neighborhood.

[4]

(d)

Restricted uses shall be as follows:

[1]

Adult use and entertainment establishments (aka "adult-oriented businesses").

[2]

Adult arcade.

[3]

Adult bookstore or adult video store.

[4]

Adult cabaret.

[5]

Adult motel.

[6]

Adult motion-picture theater.

Adult theater.

Escort agency.

Massage parlor.

Nude model studio.

Porn shop.

Sexual encounter center.

Location.

A restricted use shall not be located:

[i]

Within a 500-foot radius of any area zoned for residential use.

[ii]

Within a 1/4-mile radius of another such use.

[iii]

[iv]

Within a 1,000-foot radius of any public pathway, walkway or walking path upon which minors are likely to travel.

[b]

The above distances of separation shall be measured from the nearest exterior wall of the structure containing the adult use and entertainment establishment.

[2]

[3]

No adult-oriented business shall be permitted in any building where the majority of the floor area of the building is in residential use, including nonconforming residential use.

[4]

In addition to the required parking spaces, one parking space for each permitted occupancy of the space devoted to the use shall be provided.

[5]

Any lighting shall be arranged so as to reflect the light away from the adjoining properties and abutting roadways.

[6]

Hours of operation shall be no earlier than 7:00 a.m. and no later than 11:00 p.m.

[7]

No person under the age of 18 years old shall be permitted into the premises or onto the property of an adult-oriented business.

[8]

All yard setbacks shall be at least 200 feet.

[9]

No amplifiers or loudspeakers of any type shall be installed outside the building.

[10]

[11]

There shall be a fifty-foot landscaped area along the entire highway frontage, except for necessary drives and sidewalks.

[12]

No site improvements shall take place within 50 feet of any adjoining residential property (parking, lighting, etc.).

[13]

These special regulations are itemized in this subsection to accomplish the primary purposes of preventing a concentration of these uses in any one area and restricting their accessibility.

[14]

(g)

Limits on restricted uses. No more than one restricted use, as enumerated in Subsection (3)(d) above, shall be located on any one parcel.

Animal services, boarding, grooming.

Boarding/Grooming and other nonmedical animal services.

[1]

[2]

Any outdoor activities shall be short-term and within a secure, fenced-in area.

[3]

Landscaping and screening shall be provided adjacent to any residential uses.

[4]

All excrement shall be properly disposed of in receptacles.

Medical services.

Vehicle equipment, sales and service.

Ingress and egress.

Vehicle lifts or pits, dismantled or unlicensed automobiles and all parts or supplies shall be located within a building enclosed on all sides.

[3]

[4]

[5]

No gasoline pumps shall be located nearer than 20 feet to any street line.

Outdoor storage of motor vehicles, recreation vehicles and farm equipment shall be permitted only in the side or rear yards.

[4]

[5]

All service or repair of motor vehicles shall be conducted in a building fully enclosed on all sides.

[6]

[7]

(7)

Industrial development. Planned industrial developments are permitted subject to the following:

(a)

Exterior walls of opposite or adjacent buildings shall be located no closer than 1.5 times the height of the higher building wall, but in no case closer than 50 feet.

(b)

Building groups shall be so located and arranged that all structures have access for emergency vehicles.

(c)

Restrictive covenants shall be imposed on the site based on the approved site plan, enforceable by all tenants of such development.

(d)

(e)

(f)

No building in planned industrial uses shall exceed 30,000 square feet of floor space.

(8)

Lodging.

(a)

Bed-and-breakfast. No dwelling unit shall be used as a bed-and-breakfast unless it is in compliance with this chapter and subject to the following regulations:

[1]

The building shall be a detached, single-family or two-family residence with a certificate of occupancy for such use.

[2]

The building shall be occupied as a principal residence by its owner during any period of time in which it is also being used and occupied as a bed-and-breakfast.

[3]

[4]

In addition to the number of bedrooms occupied by the owner in connection with the residential use, the number of bedrooms available for registered guests shall not exceed five.

[5]

The number of registered guests occupying the premises at any one time shall not exceed 10.

No meals except for breakfast shall be served on the premises to registered guests.

[10]

The building shall be in compliance with all applicable zoning, building, fire, electrical and plumbing codes; i.e., NYS Uniform Codes.

The owner of said residential rental follows the same process for permitting of the short-term residential rental, as described in this subsection.

Violations. If any of the following situations arise at a permitted property for short-term rentals, it will constitute a violation, subject to penalties for offenses (§ 225-42):

[a]

[b]

Any septic violations; system failures of any kind.

[c]

Violation of any local noise ordinances.

[d]

Any instances where the police authorities are called and show up at the permitted property; i.e., out-of-control parties, domestic disturbances, fighting, noise, etc.

[e]

Any new fire code violations that arise after a permit is issued.

[f]

Any violations of garbage/littering or what was agreed upon in the short-term rental permit.

(9)

Hotels and motor lodges. These may be permitted as provided herein, subject to the following regulations:

(a)

Hotel and motor lodge units shall not contain kitchen facilities of any nature and shall not be used as apartments for nontransient tenants.

(b)

Hotel and motor lodge units shall not contain more than two rooms and shall not be connected by interior doors in groups of more than two.

(c)

An accommodation unit shall not be occupied by more than three adults at any one time.

(d)

There shall be no more than one hotel or motor lodge unit for each 2,400 square feet of site area.

(e)

(f)

The following accessory uses shall be permitted:

[1]

One house or apartment, with or without kitchen facilities, for the use of the hotel or motor lodge manager or caretaker and his or her family.

[2]

One restaurant and/or coffee shop or cafeteria providing food and drink.

[3]

Amusements and sports facilities for the exclusive use of hotel guests, including:

[a]

Swimming pool.

[b]

Children's playground.

[c]

Tennis and other game courts.

[d]

Game or recreation rooms.

[4]

Office and lobby, provision of which shall be mandatory for each hotel or motor lodge.

[5]

Meeting and/or conference rooms.

(g)

No more than two signs shall be permitted on the site, the total area of which shall not exceed 160 square feet.

(h)

The landscaping requirements of § 225-31 shall be increased by 50% for all motor lodge development.

(i)

(10)

Licensed adult-use cannabis retail dispensaries and on-site consumption sites are permitted in Light Industrial Zoning District, subject to the following:

(a)

Special use permit required.

(b)

Not permitted if located adjacent to property whose primary use is residential.

Lot and building/bulk regulations are provided for in each use category above.

Accessory-specific supplemental use regulations.

(1)

(2)

(3)

Permitted accessory uses: same as primary district.

Permitted accessory signs: same as primary district.

Minimum off-street parking: same as primary district.

Minimum off-street loading berths: same as primary district.

Additional use regulations: same as primary district.

The Zoning Ordinance outlines permitted and specially permitted uses within each district into five categories as outlined below, as well as accessory uses:

Agricultural.

Residential.

Institutional.

Commercial.

Industrial.

All uses are subject to performance standards set forth in § 225-28.

Transfer of development rights shall apply to those districts noted and in accordance with § 225-34.

Use table.

Table IV-1: Table of Permitted Uses
	PK	AP	RR	MFR	R2	LI	Regulatory Reference
P Permitted Use \| SP Special Use Permit \| — Not Permitted							Regulatory Reference
AGRICULTURAL USES
Commercial farming	P	P	P	—	SP	SP	§ 225-13
Retail agricultural sales	—	P	P	—	SP	SP
Livestock and animal husbandry	—	P	P	—	SP	SP	§ 225-13
RESIDENTIAL USES
Residential living
Single-family detached	P	P	P	—	P	—
Temporary housing (single-family)	—	SP	SP	SP	SP	—	§ 225-14B
Single-family attached	—	—	P	SP	P	—
Multi-unit building	—	—	SP	P	SP	—	§ 225-14B
Group living
Assisted-living facility	—	—	P	P	—	—	§ 225-14B
Nursing home	—	—	SP	P	—	—	§ 225-14B
Personal care home (under 7 residents)	—	—	SP	P	—	—	§ 225-14B
Personal care home (7+ residents)	—	—	SP	SP	—	—	§ 225-14B
Temporary group housing	—	—	SP	—	—	—	§ 225-14B
Transitional/Rehabilitation housing	—	—	SP	SP	—	—	§ 225-14B
INSTITUTIONAL USES
Cemetery	—	—	SP	—	—	—
Club or lodge	SP	—	SP	—	SP	—
Educational services
School	—	—	P	P	SP	—
Business or trade school	—	—	P	P	SP	—
Municipal services	P	P	P	P	P	P
Place of worship	P	P	P	P	P	—
Medical services (small-scale)	—	—	SP	—	SP	—	§ 225-15B
Sports and recreation
Small indoor (less than 100 occupants)	SP	—	SP	SP	SP	—	§ 225-15B
Large indoor (more than 100 occupants)	SP	—	SP	SP	SP	—	§ 225-15B
Outdoor	SP	—	—	SP	SP	—	§ 225-15B
Public utility	SP	SP	SP	SP	SP	SP
Telecommunication facilities	SP	SP	SP	SP	SP	SP
5G facilities	P	P	P	P	P	P
Hotels and motor lodges	—	—	SP	—	—	—
COMMERCIAL USES
Day care	—	—	SP	P	SP	—
Library/Cultural exhibits	P	P	P	P	P	—
Drive-through facility
Primary use	—	—	—	—	—	—
Accessory to any use	—	—	—	—	—	—
Eating and drinking establishments
Restaurant	P	SP	SP	—	—	P
Brewpub	P	SP	SP	—	—	P
Craft brewery/distillery/winery	P	SP	SP	—	—	P
Entertainment/Spectator sports
Indoor	P	SP	SP	—	—	—
Outdoor	P	SP	SP	—	—	—
Financial services
Bank, credit union, brokerage, investment	—	—	—	—	SP	SP
All other financial services	—	—	—	—	SP	SP
Funeral and mortuary services	—	—	—	—		SP
Lodging
Bed-and-breakfast	P	P	P	P	SP	—	§ 225-15B
Short-term rental/AirBnB	P	P	P	—	P	—	§ 225-15B
Vacation camps and summer colonies	SP	SP	SP	—	—		§ 225-15B
Commercial office	SP	SP	—	—	—	SP
Parking
Municipal	P	P	P	P	P	P
Private	—	SP	—	—	—	—
Retail sales and services
Retail Ag complimentary products	P	P	P	—	SP	SP
Artisan retail sales	P	P	P	—	SP	SP
General retail sales	P	—	—	—	SP	SP
Personal services	—	—	SP	—	SP	SP
Firework sales	—	—	—	—	—	—
General liquor sales	—	—	—	—	—	—
Vape shop or other tobacco sales	—	—	—	—	—	—
Sexually oriented business	—	—	—	—	—	SP	§ 225-15B
Cannabinoid hemp products sales	—	SP	SP	S	—	SP
Vehicle equipment, sales and services
Agricultural sales and repair	—	P	SP	—	—	SP	§ 225-15B
Gasoline sales	—	—	—	—	—	SP	§ 225-15B
Vehicle sales	—	—	—	—	—	SP	§ 225-15B
Vehicle rental	—	—	—	—	—	SP	§ 225-15B
Vehicle repair (retail/commercial)	—	SP	SP	—	—	SP	§ 225-15B
Vehicle cleaning station	—	—	—	—	—	SP	§ 225-15B
Tattoo parlors	—	—	—	—	—	—
Junk/Salvage yard	—	—	—	—	—	—
EV charging stations (commercial)	—	—	—	SP	SP	SP
Animal services
Boarding/Kennels	—	SP	SP	—	—	—	§ 225-15B
Grooming	—	SP	SP	—	—	—	§ 225-15B
Veterinary	—	SP	SP	—	—	SP	§ 225-15B
Breeders/Dealers	—	SP	SP	—	—	—	§ 225-15B
Consumer/Personal Services	—	—	—	—	—	SP
INDUSTRIAL USES
General fabrication and production
Agricultural equipment	—	SP	SP	—	—	P
Artisan	—	SP	SP	SP	SP	P
General	—	SP	SP	—	—	P
Agricultural processing and production
Food-based	—	P	P	—	—	P
Liquor-based	—	SP	SP	—	—	P
Cannabinoid hemp products sales	—	SP	SP	—	—	P
Storage, distribution and wholesale distribution
Equipment and material storage	—	SP	SP	—	—	P
Self-service storage	—	SP	SP	—	—	P
Trucking and transportation terminal	—	SP	SP	—	—	P
Warehouse	—	SP	SP	—	—	P
Outdoor storage	—	SP	SP	—	—	P
Wholesale sales and distribution	—	SP	SP	—	—	P
Utility scale solar/wind systems/storage	—	SP	SP	—	—	SP	Chapter 172
ACCESSORY USES
Accessory buildings and structures	—	P	P	P	P	P
Accessory dwelling units (ADU)	—	P	P	P	P	—	§ 225-14
Home occupations	—	P	P	P	P	P	§ 225-35
Mobile food units	P	P	P	SP	—	P
Residential scale solar/wind systems/storage	P	P	P	P	P	P	Chapter 172
Hobby farming	P	P	P	SP	P	—	§ 225-16
Farm stands	P	P	P	SP	P	—	§ 225-16

[Amended 4-9-2025 by L.L. No. 4-2025]

Lot and building/bulk regulations.

Regulation	District
Regulation	AP	RR	MFR	R2	LI
Minimum Lot Area (Acres)
Public water/sewer	5	5	—	5	—
No public water/sewer	5	5	—	5	—
Minimum Lot Frontage (feet)	300	200	—	125	—
Minimum Building/Structure Setbacks (feet)
Front	50	50	—	50	—
Side (each)	35	35	—	35	—
Rear	35	35	—	35	—
Minimum Accessory Building/Structure Setbacks (feet)
Front	50	50	Not permitted in front yards
Side (each)	35	50	—	50	—
Rear	35	50	—	50	—
Maximum Lot Coverage	35%	35%	—	35%	—
Maximum Building Height (feet)
Principal building	35	35	—	35	—
Accessory buildings/structures	35	35	—	35	—

District-specific supplemental use regulations. Those supplemental regulations that are applicable to all districts are found in Article VI.

(1)

(2)

(3)

Lot and building/bulk regulations.

Regulation	District
Regulation	AP	RR	MFR	R2	LI
Minimum Lot Area (Acres)
Public water/sewer	4	1	2	0.33	200
No public water/sewer	4	2	—	0.75	—
Minimum Lot Frontage (feet)	300	200	300	75¹ 125²	—
Minimum Building/Structure Setbacks (feet)
Front	50	40	50	30	—
Side (each)	35	25	35	5	—
Rear	35	35	35	20	—
Minimum Accessory Building/Structure Setbacks (feet)
Front	Not permitted in front yards
Side (each)	35	35	35	5	—
Rear	35	35	35	20	—
Maximum Lot Coverage	20%	35%	75%	75%	—
Maximum Building Height (feet)
Principal Building	35	35	35	35	—
Accessory Buildings/Structures	35	35	35	35	—
Minimum Size Primary Residence	900 SF

Notes:
¹ 75 feet with water and sewer.
² 125 feet without water and sewer.

District-specific supplemental use regulations. Those supplemental regulations that are applicable to all districts are found in Article VI.

(1)

Accessory dwelling units. The following apply to permitting accessory dwelling units (ADU) on legally filed, compliant lots:

(a)

Maximum permitted per lot: one detached ADU per lot or one attached ADU per lot.

(b)

Bulk regulations. Setbacks, lot coverage, building coverage, and other bulk regulations shall be applicable to the lot, including any/all ADUs.

(c)

Principal dwelling. There shall be a legally permitted, owner-occupied principal dwelling upon each lot on which an ADU is proposed.

(d)

(e)

ADU size. Each ADU shall have a minimum livable area of 800 square feet (SF) in size.

Multiple-dwelling developments shall be serviced by approved public sewage disposal facilities and public water supply.

(b)

(c)

Not less than 1,000 square feet of usable recreation area per unit will be immediately accessible to the multiple-dwelling structures.

No building shall be located within 100 feet of any pond, reservoir, lake or watercourse which is part of a water supply system.

(i)

(j)

Multiple-dwelling developments shall be buffered from surrounding conventional residence areas by landscaping and fencing areas occupying the required yards.

(k)

Multiple-dwelling structure design features.

[1]

No multiple-dwelling structure shall be longer than 160 feet.

[2]

No roofline of any structure will exceed 80 feet without a vertical break of at least 5% of the building width.

[3]

No face of any multiple dwelling shall consist of less than two planes interrupted by a distance of at least 10% of the building width for each four units contained therein.

[4]

[5]

Provision for enclosed storage of garbage shall be provided.

[6]

For each two-bedroom or larger unit provided, one child play space (seat, apparatus or play space) shall be provided conforming to the standards of the American Playground Association.

[7]

[8]

Construction materials, in addition to conformance with the Building Code of the Town of Eden, shall be of a color and texture characteristic of the adjacent residential development.

[9]

Exterior lighting along walks and near buildings shall be provided utilizing architectural-grade equipment and shall not exceed 0.9 footcandle measured at ground level.

[10]

[11]

Walks shall be provided throughout the development area that will ensure that drives shall not be required for pedestrian circulation.

[Amended 4-9-2025 by L.L. No. 4-2025]

Lot and building/bulk regulations.

Regulation	District
Regulation	AP	RR	MFR	LI
Minimum Lot Area (Acres)
Public water/sewer	4	2	—	0
No public water/sewer	4	2	—	0
Minimum Lot Frontage (feet)	300	250	—	0
Minimum Building/Structure Setbacks (feet)
Front	50	30	50	0
Side (each)	35	35	35	10
Rear	35	35	35	20
Minimum Accessory Building/Structure Setbacks (feet)
Front	Not permitted in front yards
Side (each)	35	50	50	10
Rear	35	30	50	20
Maximum Lot Coverage	35%	50%	80%	80%
Maximum Building Height (feet)
Principal Building	35	35	35	35
Accessory Buildings/Structures	35	35	35	35

(1)

(a)

Swimming pools shall be classified and located as follows:

Type of Pool (class)	Maximum Area (square feet)	Minimum Setback From Any Property Line (feet)
A	Over 3,500	175
B	2,501 to 3,500	150
C	1,501 to 2,500	125
D	801 to 1,500	100
E	800 or less	Refer to § 225-35.1.

(b)

All recreational facilities shall comply with the following minimum setback requirements:

Type of Facility	Minimum Setback From Any Property Line (feet)
Handball courts	100
Basketball courts	60
Baseball diamond (not outfield)	100
Volleyball courts	60
Concession stands	100
Casino buildings	100
Concentrated picnic areas (tables, barbecue pits, etc.)	100
Outfield relative to baseball or softball	50
Parking areas	25
Picnic grounds (not improved)	50
Games normally involving fewer than 10 people, such as horseshoe pits, nature trails, etc.	50
Golf course fairways, disc/frisbee golf, miniature golf, or related activities	50
Tennis courts	40

(c)

(d)

Noise. Public address systems or any other amplified noises are subject to separate permit of the Town Board.

(e)

(f)

Buildings. All structures shall be of a permanent nature.

(2)

Vacation camps and summer colonies.

Minimum spacing between campsite pads: 80 feet (extremity to extremity).

(e)

(f)

Sewage disposal. The site shall be provided with a municipal or approved private sanitary sewage disposal system.

[1]

Toilets. Only flush toilets shall be provided.

[a]

Women: one toilet per five sites.

[b]

Men: one toilet per 10 sites.

[c]

A minimum of two toilets for each sex shall be provided.

[2]

Lavatories or other hand-washing facilities shall be provided at a ratio of one for each 15 sites (without water and sewage hookups) for each sex.

[3]

Showers. One shower for each 15 campsites shall be provided. Each shower must be served with hot and cold or tempered water between 90° F. and 110° F. Two showers must be provided for each sex.

[4]

Dishwater disposal. One dishwater disposal facility shall be provided for each five campsites or provided in connection with each toilet facility.

[5]

(g)

Solid waste disposal. One receptacle shall be provided for each campsite.

Sufficient exterior illumination of the site shall be required to provide convenience and safety. All such illumination shall be shielded from the view of all surrounding properties and streets.

Public phone. Each campground shall have at least one public telephone.

(s)

(t)

(u)

Performance bond. A performance bond, maintenance bond or both, as determined by the Town Board, shall be provided to ensure the proper installation and maintenance of public improvements.

(3)

Adult uses.

(a)

Definitions. As used in this subsection, the following definitions shall apply:

ADULT ARCADE

ADULT BOOKSTORE or ADULT VIDEO STORE

[1]

[a]

[b]

Instruments, devices or paraphernalia which are primarily intended, labeled, designed, advertised or promoted for use in connection with specified sexual activities.

[2]

[a]

The number of different titles or kinds of such merchandise;

[b]

The number of copies or pieces of such merchandise;

[c]

The amount of floor space devoted to the sale and/or display of such merchandise; or

[d]

The amount of advertising which is devoted to such merchandise, either in print or broadcast media.

ADULT CABARET

An establishment which regularly features:

[1]

Persons who appear in a state of nudity; or

[2]

Live performances which are characterized by the exposure of specified anatomical areas or specified sexual activities; or

[3]

Films, motion pictures, videocassettes, slides, or photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

ADULT MOTEL

ADULT MOTION-PICTURE THEATER

ADULT THEATER

ADULT USE AND ENTERTAINMENT ESTABLISHMENTS (also referred to herein as "ADULT-ORIENTED BUSINESSES")

ESCORT

ESCORT AGENCY

A person or business association who or which furnishes, or offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip or other consideration.

MASSAGE PARLOR

NUDE MODEL STUDIO

NUDITY or STATE OF NUDITY

The appearance of specified anatomical areas.

PERSON

An individual, proprietorship, partnership, corporation, association or other legal entity.

PORN SHOP

Any establishment engaged in the sale or promotion of sexual acts or behavior as in writing, photographs and other materials depicting sexual acts or behavior designed to stimulate erotic feelings.

SEMINUDE

A state of dress in which clothing covers no more than the specified anatomical areas, as well as portions of the body covered by supporting straps or devices.

SEXUAL CONDUCT

Includes the following.

[1]

The fondling or touching of human genitals, pubic region, buttock or female breasts;

[2]

Ultimate sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation and sodomy;

[3]

Masturbation; and

[4]

Excretory functions as part of or in connection with any of the activities set forth in Subsections [1] through [3].

SEXUAL ENCOUNTER CENTER

SPECIFIED ANATOMICAL AREAS

[1]

Unless completely and opaquely covered, human genitals, pubic region, buttocks or breasts below a point immediately above the top to the areola; and

[2]

Even if completely and opaquely covered, male genitals in a discernibly turgid state.

SPECIFIED SEXUAL ACTIVITIES

Includes any of the following:

[1]

The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or breasts;

[2]

Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy;

[3]

Masturbation, actual or simulated; or

[4]

Excretory functions.

(b)

[1]

To preserve the character and the quality of life in the Town of Eden's neighborhoods and business areas.

[2]

[3]

To restrict minors' access or exposure to adult uses.

[4]

To maintain the general welfare and safety for the Town of Eden's residents.

(c)

Purposes and considerations.

[1]

[2]

[3]

The intent of this subsection is to provide adult entertainment uses without compromising the character of the neighborhood.

[4]

(d)

Restricted uses shall be as follows:

[1]

Adult use and entertainment establishments (aka "adult-oriented businesses").

[2]

Adult arcade.

[3]

Adult bookstore or adult video store.

[4]

Adult cabaret.

[5]

Adult motel.

[6]

Adult motion-picture theater.

Adult theater.

Escort agency.

Massage parlor.

Nude model studio.

Porn shop.

Sexual encounter center.

Location.

A restricted use shall not be located:

[i]

Within a 500-foot radius of any area zoned for residential use.

[ii]

Within a 1/4-mile radius of another such use.

[iii]

[iv]

Within a 1,000-foot radius of any public pathway, walkway or walking path upon which minors are likely to travel.

[b]

The above distances of separation shall be measured from the nearest exterior wall of the structure containing the adult use and entertainment establishment.

[2]

[3]

No adult-oriented business shall be permitted in any building where the majority of the floor area of the building is in residential use, including nonconforming residential use.

[4]

In addition to the required parking spaces, one parking space for each permitted occupancy of the space devoted to the use shall be provided.

[5]

Any lighting shall be arranged so as to reflect the light away from the adjoining properties and abutting roadways.

[6]

Hours of operation shall be no earlier than 7:00 a.m. and no later than 11:00 p.m.

[7]

No person under the age of 18 years old shall be permitted into the premises or onto the property of an adult-oriented business.

[8]

All yard setbacks shall be at least 200 feet.

[9]

No amplifiers or loudspeakers of any type shall be installed outside the building.

[10]

[11]

There shall be a fifty-foot landscaped area along the entire highway frontage, except for necessary drives and sidewalks.

[12]

No site improvements shall take place within 50 feet of any adjoining residential property (parking, lighting, etc.).

[13]

These special regulations are itemized in this subsection to accomplish the primary purposes of preventing a concentration of these uses in any one area and restricting their accessibility.

[14]

(g)

Limits on restricted uses. No more than one restricted use, as enumerated in Subsection (3)(d) above, shall be located on any one parcel.

Animal services, boarding, grooming.

Boarding/Grooming and other nonmedical animal services.

[1]

[2]

Any outdoor activities shall be short-term and within a secure, fenced-in area.

[3]

Landscaping and screening shall be provided adjacent to any residential uses.

[4]

All excrement shall be properly disposed of in receptacles.

Medical services.

Vehicle equipment, sales and service.

Ingress and egress.

Vehicle lifts or pits, dismantled or unlicensed automobiles and all parts or supplies shall be located within a building enclosed on all sides.

[3]

[4]

[5]

No gasoline pumps shall be located nearer than 20 feet to any street line.

Outdoor storage of motor vehicles, recreation vehicles and farm equipment shall be permitted only in the side or rear yards.

[4]

[5]

All service or repair of motor vehicles shall be conducted in a building fully enclosed on all sides.

[6]

[7]

(7)

Industrial development. Planned industrial developments are permitted subject to the following:

(a)

Exterior walls of opposite or adjacent buildings shall be located no closer than 1.5 times the height of the higher building wall, but in no case closer than 50 feet.

(b)

Building groups shall be so located and arranged that all structures have access for emergency vehicles.

(c)

Restrictive covenants shall be imposed on the site based on the approved site plan, enforceable by all tenants of such development.

(d)

(e)

(f)

No building in planned industrial uses shall exceed 30,000 square feet of floor space.

(8)

Lodging.

(a)

Bed-and-breakfast. No dwelling unit shall be used as a bed-and-breakfast unless it is in compliance with this chapter and subject to the following regulations:

[1]

The building shall be a detached, single-family or two-family residence with a certificate of occupancy for such use.

[2]

The building shall be occupied as a principal residence by its owner during any period of time in which it is also being used and occupied as a bed-and-breakfast.

[3]

[4]

In addition to the number of bedrooms occupied by the owner in connection with the residential use, the number of bedrooms available for registered guests shall not exceed five.

[5]

The number of registered guests occupying the premises at any one time shall not exceed 10.

No meals except for breakfast shall be served on the premises to registered guests.

[10]

The building shall be in compliance with all applicable zoning, building, fire, electrical and plumbing codes; i.e., NYS Uniform Codes.

The owner of said residential rental follows the same process for permitting of the short-term residential rental, as described in this subsection.

Violations. If any of the following situations arise at a permitted property for short-term rentals, it will constitute a violation, subject to penalties for offenses (§ 225-42):

[a]

[b]

Any septic violations; system failures of any kind.

[c]

Violation of any local noise ordinances.

[d]

Any instances where the police authorities are called and show up at the permitted property; i.e., out-of-control parties, domestic disturbances, fighting, noise, etc.

[e]

Any new fire code violations that arise after a permit is issued.

[f]

Any violations of garbage/littering or what was agreed upon in the short-term rental permit.

(9)

Hotels and motor lodges. These may be permitted as provided herein, subject to the following regulations:

(a)

Hotel and motor lodge units shall not contain kitchen facilities of any nature and shall not be used as apartments for nontransient tenants.

(b)

Hotel and motor lodge units shall not contain more than two rooms and shall not be connected by interior doors in groups of more than two.

(c)

An accommodation unit shall not be occupied by more than three adults at any one time.

(d)

There shall be no more than one hotel or motor lodge unit for each 2,400 square feet of site area.

(e)

(f)

The following accessory uses shall be permitted:

[1]

One house or apartment, with or without kitchen facilities, for the use of the hotel or motor lodge manager or caretaker and his or her family.

[2]

One restaurant and/or coffee shop or cafeteria providing food and drink.

[3]

Amusements and sports facilities for the exclusive use of hotel guests, including:

[a]

Swimming pool.

[b]

Children's playground.

[c]

Tennis and other game courts.

[d]

Game or recreation rooms.

[4]

Office and lobby, provision of which shall be mandatory for each hotel or motor lodge.

[5]

Meeting and/or conference rooms.

(g)

No more than two signs shall be permitted on the site, the total area of which shall not exceed 160 square feet.

(h)

The landscaping requirements of § 225-31 shall be increased by 50% for all motor lodge development.

(i)

(10)

Licensed adult-use cannabis retail dispensaries and on-site consumption sites are permitted in Light Industrial Zoning District, subject to the following:

(a)

Special use permit required.

(b)

Not permitted if located adjacent to property whose primary use is residential.

Lot and building/bulk regulations are provided for in each use category above.

Accessory-specific supplemental use regulations.

(1)

(2)

(3)

Permitted accessory uses: same as primary district.

Permitted accessory signs: same as primary district.

Minimum off-street parking: same as primary district.

Minimum off-street loading berths: same as primary district.

Additional use regulations: same as primary district.

Town Of Eden City Zoning Code

ARTICLE IV

§ 225-9 General provisions.

§ 225-10 District uses.

§ 225-12 Mixed Use Districts design standards.

§ 225-13 Agricultural uses.

§ 225-14 Residential uses.

§ 225-15 Commercial, industrial and institutional uses.

§ 225-17 through § 225-20. (Reserved)

§ 225-21.1 (Reserved)

Town Of Eden City Zoning Code

ARTICLE IV

§ 225-9 General provisions.

§ 225-10 District uses.

§ 225-12 Mixed Use Districts design standards.

§ 225-13 Agricultural uses.

§ 225-14 Residential uses.

§ 225-15 Commercial, industrial and institutional uses.

§ 225-17 through § 225-20. (Reserved)

§ 225-21.1 (Reserved)

Town Of Eden City Zoning Code

ARTICLE IV

§ 225-9 General provisions.

§ 225-10 District uses.

§ 225-12 Mixed Use Districts design standards.

§ 225-13 Agricultural uses.

§ 225-14 Residential uses.

§ 225-15 Commercial, industrial and institutional uses.

§ 225-17 through § 225-20. (Reserved)

§ 225-21.1 (Reserved)