Union Town City Zoning Code
PART 4
Specific Use Requirements
§ 300-40.1 Adult entertainment and uses.
Purpose. The establishment of certain adult entertainment businesses in the Town and Villages will tend to result in the blighting and deterioration of the community. Accordingly, it is necessary that these businesses be regulated in such a manner as to prevent the erosion of the character of the Town and Villages. It is necessary to regulate the establishment of such adult entertainment businesses within close proximity to residentially zoned areas, schools, churches, parks, playgrounds and amusement arcades so as to minimize the proliferation of criminal activity and a blighting and degrading effect upon surrounding neighborhoods.
Prohibition.
No person shall cause or permit the establishment of any of the following adult entertainment businesses, as defined in this chapter hereof within 500 feet of any building containing residential dwelling or rooming units or within 1,000 feet of any church, school, park, playground, amusement arcade or existing adult entertainment businesses: adult bookstore, adult cabaret, adult mini-motion-picture theater, adult motion-picture arcade or adult motion-picture theater.
The establishment of an adult entertainment business shall include the opening of such business as a new business, the relocation of such business or the conversion of an existing business location to any of the uses described in this chapter.
No adult entertainment business shall be conducted in any manner that permits the observation of any material depicting, describing or relating to specified sexual activities or specified anatomical areas from any public way or from any property not registered as an adult entertainment business. This provision shall apply to any display, decoration, sign, show window, screen or other opening.
Measurement of distances. For the purposes of this section, measurements shall be made in a straight line, without regard to the intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises for an adult entertainment business to the nearest property lines of a building containing a residential dwelling or rooming unit, a church, school or amusement arcade or to the nearest boundary of a park or playground.
Penalties for offenses. Any person violating any provisions of this section shall, upon conviction, be punishable as provided in Town and Village Law.
§ 300-40.2 Automotive sales.
The sale of new or used vehicles may be allowed by special use permit, provided the following:
The sales area shall be paved, suitably graded and drained, and maintained in a neat and orderly manner.
The number of cars that may be for sale on the premises must be specified on the special use permit. An increase in the number of cars to be sold shall require a new permit.
A spill prevention plan is provided.
All maintenance, service and repairs of motor vehicles shall be performed fully within an enclosed structure. No motor vehicle parts or partially dismantled motor vehicles shall be stored outside of an enclosed structure or screened area.
No vehicles shall be displayed for sale within 10 feet of the property line.
The retail sales of fuel shall not be permitted.
§ 300-40.3 Automotive service station, motor vehicle repair shops, gasoline stations, or gasoline service stations.
Gasoline stations, service stations, motor vehicle repair shops, motor vehicle sales agencies, and drive-in businesses shall comply with the following:
No such use shall be located within 150 feet from any lot or parcel occupied by a hospital, library, school or church. Measurement shall be made between nearest respective lot lines.
Any such use shall be buffered from adjacent uses by no less than 10 feet.
The entire site area that is traveled by motor vehicles shall be hard-surfaced (i.e., asphalt, concrete, or any other dust-free surface).
Rubbish, oil cans, tires, discarded motor vehicle parts and components and other waste materials may be stored up to one month in a completely fenced-in opaque enclosure adjacent to the building, provided that the area of such enclosure shall not exceed 5% of the area of the principal service station building. There shall be no storage of any items, at any time outside of such enclosure or building.
Motor vehicle repair shops and service stations shall comply with the following regulations:
The number of vehicles that can be accommodated on site for repair and storage is to be determined by the Planning Board.
Motor vehicle repair garages shall not be used for the storage, sale, rental or display of automobiles, trucks, trailers, mobile homes, boats, snowmobiles or other vehicles.
All maintenance, service and repairs of motor vehicles shall be performed fully within an enclosed structure. No motor vehicle parts or unlicensed motor vehicles shall be stored outside of an enclosed structure.
A spill prevention plan is provided.
No vehicle in for repair may remain outside longer than 10 days.
Gasoline stations shall comply with the following regulations:
In addition to the information required for site plan review, the plan shall also indicate the location, number, capacity, and type of fuel storage tank, the number of pumps to be installed, and the depth to the tanks.
Gas stations may include retail sales of food, convenience items, and minor automotive supplies or liquids, provided that the sales of such items are within an enclosed structure and are an accessory use. Sales areas outside of the primary structure may be displayed on the pump islands or the building island only.
Gasoline stations shall be under the control of an attendant at all times during the hours of operation.
Fuel pumps shall be located no closer than 20 feet from the public right-of-way or 50 feet from any other property lines.
All storage facilities for fuel, oil, gasoline or similar substances shall be underground and shall be at least 25 feet from any property line. Tanks shall be installed and maintained in accordance with all state and federal standards as well as the following specified standards:
Prior to installation, the Administrative Officer shall be provided with a copy of the specifications and the date of the proposed installation. No tank shall be covered until inspected and approved.
If at any time a leak is detected, the owner shall immediately make the necessary repairs. If, at the discretion of the Administrative Officer, the condition results in a threat to public safety, the gasoline service station may be shut down until repairs are made.
For the purpose of required yards and setbacks, pumps and canopies shall be considered structures and shall not be located in any required yard.
In the event that a service station is abandoned, as determined by the Administrative Officer, the owner shall comply with the Fire Prevention Code, Abandonment or Removal of Underground Tanks. The owner shall also remove all signs and lighting poles and provide adequate protection against unlawful entry into buildings and onto the property and shall close all vehicular entrances to the property. A service station shall be deemed abandoned if it is not in active operation for a period of 12 consecutive months.
§ 300-40.4 Camps.
Any campsite shall be located and maintained only in those districts as permitted in this chapter and in accord with the standards set forth in this chapter.
All existing campsites of record shall be exempt from this chapter, except that they shall comply with this section whenever and wherever any addition, expansion or alteration of the use or operation is proposed.
Before a special permit for a campsite is issued, the Planning Board shall determine that the proposed use is designed and arranged in accordance with the following standards:
Site. The campsite shall be located on a well-drained site which is properly graded to ensure rapid drainage and be free at all times from stagnant pools of water.
Lots. Each campsite shall be marked off into lots. The total number of lots in such campsite shall not exceed 12 per acre. Each lot shall have a total area of not less than 2,500 square feet, with a minimum dimension of 30 feet. No more than one recreational vehicle shall be permitted to occupy any one lot.
Setbacks. All recreational vehicles, tents and the like shall not be located nearer than a distance of:
At least 25 feet from an adjacent property line, except residential property.
At least 100 feet from any adjacent residential property line.
At least 100 feet from the right-of-way of a public street or highway.
At least 10 feet from the nearest edge of any roadway location within the park or camp.
Recreational vehicle stand. Each recreational vehicle lot shall have a stand of sufficient size and durability to provide for the placement and removal of recreational vehicles and for the retention of each recreational vehicle in a stable condition. The stand shall be suitably graded to permit rapid surface drainage.
Accessibility. Each campsite shall be easily accessible from an existing public highway or street, with entrances and exits designed and strategically located for the safe and convenient movement into and out of the campsite and with minimum conflicts with the movement of traffic on a public highway or street. All entrances and exits shall be at right angles to existing public highways or streets, and all entrances and exits shall be of sufficient width to facilitate the turning movements of recreational vehicles.
Street system.
Each campsite shall have improved streets to provide convenient access to all lots and other important facilities within the campsite or camp.
The street system shall be so designated to permit safe and convenient vehicular circulation within the campsite or camp.
All streets shall intersect at right angles.
Except in cases of emergency, no parking shall be allowed on such streets.
An improved driveway shall be provided for each lot. This driveway shall have a minimum width of nine feet.
Utilities. All sewer and water facilities provided in each campsite shall be in accordance with the regulations of the New York State Department of Health and the New York State Department of Environmental Conservation.
Open space. Each campsite designed for 20 or more sites shall provide a common open area suitable for recreation and play purposes. Such open space shall be conveniently located. The open space area shall be 10% of the gross land area of the campsite but not less than one acre.
Improvements. Lighting, landscaping and buffer areas may be required by the Planning Board and shall be in keeping with surrounding development, the unique features of the site and the health and safety of occupants of the campsite.
Management. Every campsite shall be managed from an office located on the premises. The manager shall maintain the campsite in such a manner so as to protect the health, safety and comfort of all persons accommodated in the campsite and so as to preserve the campsite in a clean and attractive manner.
Removal of wheels. Unless special consent is given by the Planning Board, it shall be unlawful to remove wheels from any recreational vehicle or otherwise permanently affix such travel trailer to the ground. Such removal shall be grounds for the revocation of the permit for such campsite.
§ 300-40.5 Car washes.
Car washes shall comply with the following additional regulations:
All washing facilities shall be completed within an enclosed building.
Vacuuming facilities may be outside of the building but shall not interfere with the free flow of traffic on or off the site.
Where gasoline stations are either a principal use with or an accessory use to the car wash, the requirements of the gasoline station shall also be adhered to.
Discontinuance of use. In the event a car wash is abandoned, as determined by the Building Official, the owner shall immediately remove any outdoor vacuums, all signs and lighting poles. The owner shall also provide adequate protection against unlawful entry into the building and onto the property and shall close all vehicular entrances to the property. A car wash shall be considered abandoned if it is inactive for a period of 12 consecutive months.
§ 300-40.6 Drive-through facilities.
Drive-through facilities, including any protective canopies, signage, drive-through travel lanes, or other associated elements, shall meet the setback requirements for the property.
Within the Central Business Zoning District, drive-through facilities must be placed to the rear of the structure in order to ensure that their presence does not obstruct pedestrian access to the building and along the public right-of-way. A detached facility may be used to accomplish this.
Drive-through facilities with an amplified audio/visual system shall be setback a minimum of 30 feet from the property line. These facilities shall not be located adjacent to residential uses or districts.
Stacking space for these facilities shall not impede on- or off-site traffic movements. The stacking space shall be delineated from other internal areas through the use of pavement markings.
§ 300-40.7 Eating and drinking establishments.
Eating and drinking establishments that are adjacent to residential uses or districts shall be buffered or screened to minimize visual and auditory impacts in a method approved by the Planning Board and in accordance with the regulations set forth in Part 5, especially pertaining to landscaping, outdoor lighting, and parking.
§ 300-40.8 Farm stands.
A farm stand may be permitted as a seasonal accessory use within the RR District and sell agricultural and horticultural products produced on the premises or produced by the owner of a local farm, subject to the following regulations:
No more than one structure of a temporary and movable nature shall be permitted and shall not exceed 2,000 square feet in total floor space.
The ground display area shall be immediately adjacent and secondary to the farm stand and shall not exceed 1,600 square feet in area.
The farm stand shall be permitted only during the recognized season for the production or harvest of such products, and sales shall occur between dawn and dusk.
A farm stand shall be located at least 20 feet from any public rights-of-way.
An off-street parking area for at least two vehicles shall be provided.
No products other than homegrown fruits, vegetables, dairy products, nursery stock, or value-added products produced on-site from other products grown on-site may be sold or offered for sale at such stands.
One sign shall be permitted. The sign must be removed when the stand closes for the season.
§ 300-40.9 Home occupations.
[Amended 6-4-2025 by L.L. No. 5-2025]
Permitted home occupations include, but shall not be limited to, the following uses: lawyer, accountant, author, doctor, engineer, dentist, architect, consultant, realtor, insurance agent/broker, counselor, artist, teacher, tutor, hairdresser, cosmetology, barber, tailor, dressmaker, repairperson, excluding the repair of motor vehicles, and catering, excluding all forms of outdoor food preparation including smokers and barbecues. Catering requires a food permit from Broome County Department of Health.
The home occupation shall be carried on wholly within the principal building and shall not cover more than 1/3 of the floor area.
Not more than one person outside the family shall be employed in the home occupation.
There shall be no exterior display or storage of materials and no other exterior indication of the home occupation or variation from the residential character of the principal building with the exception of a permitted sign. The sign shall be placed in accordance with Article 52 of this chapter.
No offensive, noise, vibration, smoke, dust, odors, heat, light, or glare shall be produced.
The home occupation shall not change the character or appearance of the residential neighborhood or cause unreasonable disturbances of neighboring properties.
Use of property as a drop-off point for merchandise not produced by such home occupation is prohibited.
Selling of merchandise not produced by such home occupation is prohibited.
Parking for home occupations shall be permitted in accordance with the parking regulations in Article 51.A maximum of two off-street parking spaces shall be provided.
The home occupation shall not involve wholesaling nor the storage of automobiles.
One freestanding or wall-mounted sign shall be allowed. The maximum size of the sign shall be two square feet.
The property must at all times remain a residential property occupied by the person(s) owning the home occupation business.
§ 300-40.10 Keeping of livestock and poultry.
[Amended 3-7-2012 by L.L. No. 2-2012; 6-4-2025 by L.L. No. 4-2025]
"Livestock" is defined as any domestic animal of any age, such as cattle, horses, donkeys, mules, burros, sheep, hogs, pigs, goats, or other similar such animals.
"Poultry" is defined as chickens, ducks, geese, pigeons, fowl, or other similar such birds, of any age.
The keeping, sheltering, or maintenance of livestock and/or poultry, within an agricultural farming operation located in a county-designated agricultural district, which said district is recognized and subject to the New York State Agriculture and Markets Law, shall be permitted. The keeping, sheltering, or maintenance of livestock and/or poultry, outside of a county designated agricultural district, and outside of a district recognized and subject to the New York State Agriculture and Markets Law, shall be not be permitted, except in the Rural Residential District and subject to the following standards:
Livestock:
The minimum parcel size for livestock shall be two acres.
A maximum of two livestock may be kept, sheltered, or maintained per the two-acre minimum.
One additional livestock may be kept, sheltered, or maintained for each additional acre over and above the two-acre minimum.
All livestock shall be adequately fenced to prevent the same from leaving the parcel.
No barn, shed or similar building or structure to keep, shelter, or maintain livestock shall be located within 100 feet of a property line and all such structures shall be compliant with the other provisions of the Town Code.
Storage of livestock manure, waste, bedding, or other odor producing material shall not be located within 100 feet of a property line.
Storage of manure or other odor-producing material or housing for livestock or poultry shall not be allowed within a minimum of 100 feet of any private well. All stored manure shall be covered by a fully enclosed structure with a roof or lid over the entire structure. All manure not used for composting or fertilizing shall be removed.
Poultry:
The minimum parcel size for poultry shall be one acre.
A maximum of six poultry may be kept, sheltered, or maintained per each one acres. No roosters are permitted to be kept, sheltered, or maintained at any time except one on parcels three acres or larger.
All poultry shall be adequately fenced to prevent the same from leaving the parcel.
No barn, shed, coop, hutch or similar building or structure to keep, shelter, or maintain poultry shall be located within 50 feet of a property line and all such structures shall be compliant with the other provisions of the Town Code.
Storage of poultry manure, waste, bedding, or other odor producing material shall not be located within 50 feet of a property line.
Provision must be made for the storage and removal of poultry/chicken manure. All stored manure shall be covered by a fully enclosed structure with a roof or lid over the entire structure. All manure not used for composting or fertilizing shall be removed.
Storage of manure or other odor-producing material or housing for livestock or poultry shall not be allowed within a minimum of 100 feet of any private well. All stored manure shall be covered by a fully enclosed structure with a roof or lid over the entire structure. All manure not used for composting or fertilizing shall be removed.
The fenced area and coop must be clean, dry, and odor-free, and kept in a neat and sanitary condition at all times, in a manner that will not disturb the use or enjoyment of neighboring lots due to noise, odor or other adverse impact.
A building permit must be obtained for such coop and fence, wherein the requirements of this article will be confirmed, including setbacks and the obligations to minimize odor and noise. A fee shall be set by resolution.
Poultry/chickens must be provided with access to feed and clean water at all times; such feed and water shall be unavailable to rodents, wild birds and predators.
§ 300-40.11 Kennels.
The kennel and its operation will not create nuisance conditions for adjoining properties due to noise or odor in accordance with the performance standards contained in the local laws of the Town and Villages.
All animals will be confined to the property and housed in an enclosed structure in humane conditions (i.e., protected from weather, clean and sanitary, adequate space, nonporous surfaces, well-ventilated, etc.).
Animals are to be kept inside an enclosed structure between the hours of 8:00 p.m. and 6:00 a.m.
Adequate methods for sanitation and sewage disposal, which may require a waste disposal plan at the discretion of the Planning Board. The disposal plan, at a minimum, should outline the approximate amount of sewage expected, methods to properly dispose of the sewage, and methods for sanitation for the kennel. Certification by a licensed, professional engineer and/or the New York State Department of Health may be required if existing disposal systems are utilized or new systems installed.
Kennels and exterior pens, including dog runs, shall be located at least 20 feet from any lot line and 200 feet from all residential districts except the Rural Residential District. Landscaping, screening or buffering may be required by the Planning Board to minimize the visual and auditory impact to neighboring properties subject to the regulations in Article 54.
§ 300-40.12 Mobile and manufactured homes.
For the purposes of this section, any reference to a "mobile home" also applies to a "manufactured home" as defined in Part 7 of this chapter.
Permanent residence. A year-round mobile home is permitted as a principal use in the Rural Residential District, provided that the following standards and conditions are met:
The mobile home shall be installed in compliance with the New York State Uniform Fire Prevention and Building Code and shall be protected from ground frost heaves by one of the following methods:
The mobile home shall be skirted with a noncombustible material so as to enclose the area between the floor of the mobile home and the ground. Such skirting is to be properly ventilated and must be completed within 30 days after arrival.
The water supply system and sewage disposal system for the mobile home shall be approved by the County Health Department.
The mobile home shall have a minimum floor area of 400 square feet.
Mobile homes and trailers may be used as temporary facilities at construction sites after building permits are issued for the proposed principal building and mobile home or trailer. The trailer or mobile home shall be removed upon the expiration of the building permit or upon the issuance of a certificate of occupancy from the Administrative Officer.
Mobile homes and trailers may be used as temporary facilities for public construction or other public utility construction and may be located on any lot or adjacent to the construction site. The mobile home or trailer may be placed after the acceptance of the contract to start construction and upon being granted a building permit. The mobile home or trailer shall be removed upon final payment for the project and notification by the Administrative Officer.
This section does not affect mobile home sales in a designated Commercial or Industrial District.
§ 300-40.13 Multifamily dwellings.
Driveways for ingress and egress shall be as required by the Planning Board.
Dimensional requirements. The minimum distance between buildings in a multifamily development shall be 25 feet. No multifamily dwelling or required recreation area shall be closer than 50 feet to any property lines. The only exception is within the CB District, where setbacks shall be determined through a site plan review.
Parking areas may be located in any yard other than the front yard, but no closer than 20 feet from any property line and shall comply with all other regulations of the district in which the use is located.
Each multifamily dwelling development shall provide a recreation area or areas furnished with suitable equipment at a standard of 400 square feet for the first 10 units and an additional 100 square feet for each additional five units or fraction of five thereafter.
Development applications for multifamily dwelling units shall be subject to site plan review by the Planning Board in accordance with Article 63 (Site Plan Review and Approval) of this chapter.
All dwelling units and structures shall comply with the NYS Uniform Code.
Stairways to upper floors shall be located inside the building.
§ 300-40.14 Outdoor recreation.
For go-cart tracks for electric or gasoline-powered go-cart rides, similar vehicular tracks and miniature golf courses, the following restrictions shall apply:
Gasoline or electric-powered go-cart rides, similar vehicular tracks:
No person shall cause or permit the establishment of a go-cart track or similar vehicular track within 500 feet of any residentially zoned district or within 500 feet of any church, school, park, playground or existing go-cart track, similar vehicular track or miniature golf course. For the purposes of this section, measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the property used as a part of the premises for the track and/or course to the nearest property line of a residentially zoned district, church or school or to the nearest boundary of a park or playground.
Operating hours shall be limited to the hours between 10:00 a.m. and 10:00 p.m. daily.
The sale or use of alcoholic beverages shall be prohibited.
Adequate toilet facilities for employees and customers shall be provided on site.
A solid wall having a minimum height of six feet, incorporating noise-absorbing material on the inside, shall be placed on all sides of the facility that abut residentially occupied property. Noise levels shall be limited to 65 dB as measured 75 feet outside the wall. The remaining sides of the property shall be fenced with a fence having a minimum height of four feet.
Only operator-owned go-carts or other vehicles shall be allowed. No individually owned go-carts or other vehicles shall be allowed.
Parking requirements for go-carts and other vehicles are three parking spaces for every one go-cart or similar vehicle.
Miniature golf course uses:
Operating hours shall be limited to the hours between 10:00 a.m. though 10:00 p.m. Sunday through Thursday and 10:00 a.m. through 11:00 p.m. on Friday and Saturday.
The course shall be fenced with a fence having a minimum height of four feet.
The sale or use of alcoholic beverages shall be prohibited.
Adequate toilet facilities for employees and customers shall be provided on site.
§ 300-40.15 Outdoor sales and display.
§ 300-40.16 Outdoor storage.
Outdoor storage shall be allowed only in nonresidential districts and shall be subject to the following requirements. This section does not affect the storage of trailers, boats and recreational vehicles as regulated in § 300-40.19.
Central Business and Neighborhood Commercial Districts.
Outdoor storage shall not be allowed in the front yard.
Outdoor storage shall not occupy more than 10% of the entire lot area.
All outdoor storage shall be fully screened to ensure the area is not visible from the public right-of-way or adjacent residential districts or uses.
Screening shall be of sufficient height and density to completely hide the storage from public view.
Screening shall be of sufficient height and density to completely hide storage from major highways, passenger rail lines and other public accessways.
All screening shall be maintained in such a manner as to present a neat and orderly appearance at all times.
General Commercial and Industrial Districts.
Outdoor storage shall not be allowed in the front yard setback.
All outdoor storage shall be fully screened to ensure the area is not visible from the public right-of-way or adjacent residential districts or uses.
Screening shall be of sufficient height and density to completely hide the storage from public view.
Screening shall be of sufficient height and density to completely hide storage from major highways, passenger rail lines and other public accessways.
All screening shall be maintained in such a manner as to present a neat and orderly appearance at all times.
Contractor storage must be a minimum of 200 feet from a residential or open space district.
§ 300-40.17 Public utilities.
Public utility installations shall comply with the following:
Such facility shall be surrounded by a fence approved by the Planning Board.
The facility shall be landscaped in a manner approved by the Planning Board.
To the extent practicable, equipment shall be stored so as not to be visible from surrounding properties.
Any other requirements as determined by the Planning Board through Site Plan Review.
§ 300-40.18 Quarries and excavation facilities.
Expansions, closures, or any other alterations of bank earth product excavation operations shall require a site plan review by the Planning Board and may be subject to performance standards contained in other local laws of the Town or Villages.
Compliance with New York State Department of Environmental Conservation regulations for mining if more than 1,000 tons or 750 cubic yards of materials are removed from a site or more than 100 cubic yards of materials in or adjacent to any body of water. (See Environmental Conservation Law, Article 15.)
During the restoration of a quarry or excavation facility, the following shall apply:
The surface slope of any excavation shall not exceed one foot of vertical rise for each 1 1/2 feet of horizontal distance.
The finished floor of the excavation shall conform to adjacent surfaces and be free of holes, water pools, mounds of debris, and other potential hazards.
The finished excavation shall be surfaced with a minimum of three inches of topsoil, graded, and seeded.
Open excavations along a street or highway, within 10 feet of a walkway or public right-of-way, shall be enclosed with a substantial guardrail or fence and are subject to the regulations set forth in Article 54 of this chapter. Abutting public properties and streets shall be protected by proper support to prevent damage.
§ 300-40.19 Trailers, boats and recreational vehicles.
[Amended 3-16-2016 by L.L. No. 2-2016]
It shall be unlawful for any person, firm or corporation to park a trailer, recreational vehicle or boat on any street, alley, right-of-way or other public place. No trailer, recreational vehicle or boat shall be parked, used or occupied on any tract or parcel of land except as herein provided:
Trailers, recreational vehicles and boats may be placed on a residential lot as an accessory use for the purpose of storage of such trailers, recreational vehicles or boats, but shall not be parked within the required accessory side or rear setback of the premises, shall maintain a minimum front setback of 10 feet and shall comply with § 300-53.14, Visibility at intersections. For the purpose of clarity, storage as defined in this subsection is an accessory use and shall not be permitted where no primary use exists.
This section does not affect trailer, boat and recreational vehicle sales or rental in a designated Commercial or Industrial District.
§ 300-40.20 Transportation or freight terminal facilities.
Repair and service of commercially licensed vehicles may be permitted with the issuance of a special use permit for motor vehicle repair within an enclosed building.
Loading doors or docks shall not be located adjacent to any residential use or zone or along street frontage.
Any outdoor storage of materials shall be subject to the outdoor storage requirements specified in § 300-40.16.
Idling of vehicles shall be limited to five minutes in any sixty-minute period, unless required for mechanical or electrical operations and not for cabin comfort or nonessential equipment or for emergency operations. Facility owners shall be responsible for compliance (Ref: Environmental Conservation Law, Part 217-3).
A fueling station may be allowed as an accessory use with the issuance of a special permit.
Landscaping and buffering may be required by the Planning Board if the facility is adjacent to less intensive uses, such as retail, residential, or mixed uses. Any landscaping or buffering required shall conform to the standards set forth in Article 54 (Landscaping, Screening, and Buffer Regulations).
The Board shall also take into consideration the character of the area, the traffic impacts, the proximity to arterial roadways suitable for large trucks, and other pertinent issues.
§ 300-40.21 Garage sales.
[Added 8-8-2012 by L.L. No. 7-2012]
The sale or offering for sale to the general public of over five items of personal property on any portion of a lot in any zoning district, whether within or outside any residential building, shall constitute a garage sale for purposes of this chapter. Garage sales shall be for a period not exceeding three consecutive days. Residential dwellings or lots shall be allowed no more than three garage sales in any one calendar year, and each such garage sale must be at least one week apart.
§ 300-40.22 Electric vehicle charging stations.
[Added 9-3-2025 by L.L. No. 6-2025]
Purpose and intent. The purpose of this section is to promote and encourage the use of electric vehicles by creating a permitting process for electric vehicle charging stations while promoting public health and safety and preventing specific adverse impacts in the installation and use of such charging stations.
Definitions. For the purposes of this section, and where not inconsistent with the context of a particular subsection, the defined terms, phrases, words, abbreviations, and their derivations shall have the meanings given in this section. When not inconsistent with the context, words in the present tense include the future tense, words used in the plural number include words in the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
The standardized indicators of electrical force, or voltage, at which an electric vehicle's battery is recharged; more specifically defined as the following:
Level 1 is considered slow charging, typically requiring a 15-amp or 20-amp breaker on a 120-volt AC circuit and standard outlet.
Level 2 is considered medium charging, typically requiring a 40-amp to 100-amp breaker on a 240-volt AC circuit.
Level 3, or DC fast charge, is considered rapid charging, typically requiring a 60-amp or higher dedicated breaker on a 480-volt or higher three-phase circuit with special grounding equipment. DC fast charging uses an off-board charger to provide the AC to DC conversion, delivering DC directly to the car battery.
An electric vehicle charging station that is:
An electric vehicle charging station that is:
The conductors, including the underground, grounded, and equipment grounding conductors and the electric vehicle conductors, attachment plugs, and all other fittings, devices, power outlets, or apparatus installed specifically for purposes of delivering energy from a premises wiring to the electric vehicle.
Electric vehicle charging stations permitted: Electric vehicle charging stations shall be a customary accessory use permitted in all Zoning Districts of the Town in accordance with the requirements of this chapter.
Pre-application verification: Prior to submitting an application for processing, the applicant shall verify that the installation of electric vehicle charging station(s) will not have specific adverse impact to public health and safety and/or building occupants. Such verification shall be in writing, and shall include all necessary maps, diagrams, technical drawings/specifications and any other documents necessary to provide the following information:
A letter from an electrical contractor or the utility company servicing, the proposed charging station site certifying that the electrical system capacity and loads are sufficient, or will be upgraded to sufficient to accommodate the charging stations prior to the installation thereof;
Electrical system wiring, breakers and overcurrent protection;
Building infrastructure affected by charging station equipment and associated conduits;
Areas of charging station equipment and vehicle parking;
Any additional information that the Building Official may reasonably require, including but not limited to a letter of certification from a certified engineer or master electrical contractor as to the safety of all proposed construction.
Permitting process:
The Building Official shall implement a permitting process for electric vehicle charging stations and adopt a checklist of all requirements with which electric vehicle charging stations shall comply with in order to be eligible for review. The permitting process and checklist shall be in accordance with the recommendations contained in the most current version of the "Electric Vehicle Charging Permitting Guidebook" as published by the New York State Energy Research and Development Agency (NYSERDA). At minimum, the adopted checklist shall require the applicant to submit:
A completed electric vehicle charging station permit application.
The permit application fee.
A proposed site plan for projects that are located in non-residential Zoning Districts, or for commercial use for site plan review by the Town Planning Board.
Level 3 projects that are either a principal or an accessory use shall be subject to site plan review by the Town Planning Board.
An accurate survey or depiction showing the proposed placement of the charging station(s).
For charging station(s) proposed to be located inside a structure, a floor plan showing the proposed location of the equipment.
Manufacturers specifications including the UL listing.
Single line wiring diagram including the following:
Conductor types and sizes.
Size of the overcurrent device (circuit breaker) supplying the EVCS.
Conduit size, type and location.
The manufacturer and model the charging station(s).
The size of the main electric panel, distribution panel(s) (sub panel(s)) and disconnect(s).
Type (Level) of charging station(s).
Electrical load calculation, including the size of existing electrical panel, existing load on the panel and proposed load/circuits from the electric vehicle charging system.
Verification that the existing main service panel and all panels in the electrical system used for the charging station(s) are safe and free of electrical hazards.
Verification of compliance with New York State Building Code or any updated or amended version of the same. Verification of compliance with NFPA 70, or any updated or amended version of the same. Verification of the compliance with all State or Federal regulations applicable.
A permit application that fully satisfies the information requirements in the Town's adopted permit application checklist shall be deemed complete and then processed in accordance with this local law. Upon confirmation by the Building Official that the construction permit application and supporting documents meet the requirements of the above checklist and is consistent with all applicable laws and health and safety standards, the Building Official shall approve the application and issue all necessary construction permits. If the Building Official determines that the construction permit application is incomplete, or requires site plan review or a special use permit, he or she shall issue a written notice to the applicant, detailing all deficiencies in the application and/or any additional information required to be eligible for permit issuance.
The Building Official shall allow for electronic submittal of permit applications covered by this section and associated supporting documentation. In accepting such permit applications, the Building Official shall also accept electronic signatures on all forms, applications, and other documentation in lieu of a wet signature by any applicant.
Electric vehicle charging station installation requirements:
All electric vehicle charging station equipment shall meet the requirements of the New York Electrical Code, the National Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories, and rules of the Public Utilities Commission or a municipal electric utility company regarding safety and reliability.
Installation of electric vehicle charging stations and associated wiring, bonding and disconnecting means and overcurrent protective devices shall meet the requirements of all applicable provisions of the New York Electrical Code.
Installation of electric vehicle charging stations shall be incorporated into the load calculations of all new or existing electrical services and shall meet the requirements of the New York Electrical Code electric vehicle charging equipment shall be considered a continuous load.
Anchorage of base-mounted electric vehicle charging stations shall meet the requirement of the New York Building or Residential Code as applicable per the provisions of the manufacturer's installation instructions. Mounting of charging stations shall not adversely affect building elements.
Prior to the granting of a certificate of compliance, an electrical inspection shall be conducted by a licensed electrical inspector and review and approved by the Town of Union Code Office.
Level 3 charging stations shall be required to have an electrical inspection every three years and provide proof of same to the Town Code Office. It shall be the responsibility of the owner to provide such proof to the Town Code Office.
Fees: The fee for a permit shall be $100 per charging stall and/or space. Site plan review fees shall be separate fees in addition to the permit fee.