Uses permitted in districts subject to the issuance of a special use permit by the zoning board of appeals shall be permitted only when in conformity with:

(1)

The provisions prescribed in this division for the use.

(2)

All other applicable provisions for the district in which the use is permitted, unless waived by the zoning board of appeals.

(Code 1966, § 44-XI-1)

The following provisions apply to commercial radio and television transmission or receiving towers and facilities:

(1)

It must be demonstrated to the zoning board of appeals that such installation is reasonable and necessary at the proposed location, and that when the proposed location is in an RR rural residential district the use cannot reasonably serve the community from a location in another permitted district.

(2)

No portion of the installation is within one hundred (100) feet of any property boundary line.

(3)

The facility shall be surrounded by an enclosure fence suitable to discourage access to the facility by unauthorized persons or children.

(4)

The height limitations otherwise provided in this chapter shall not apply, provided that every portion of the structure is at least as many feet distant from bordering or opposite properties as that portion of the structure is in height.

(5)

In determining whether the installation is the appropriate distance from the property line, guy wires shall not be considered part of the installation or structure; however, no guy wires shall be within fifteen (15) feet of any bordering property line.

(6)

In the event that the height of any installation exceeds thirty (30) feet, or the diameter of the installation or earth receiving dish exceeds fifteen (15) feet, the following additional requirements are conditions precedent to the granting of a permit:

a.

The applicant shall submit to the zoning board of appeals the following:

1.

A map showing the location of the premises for which the permit is sought, and the existing or proposed location of structures upon the premises.

2.

The name of the person, who will operate or own the permit for the radio and television tower and facility if granted.

3.

Such other information as the zoning board of appeals shall request in order to have all facts before it prior to making a decision.

b.

At the time of the public hearing, the applicant must present to the zoning board of appeals a statement from thirty (30) percent of the owners of real property, as shown on the latest completed assessment roll, within one thousand (1,000) feet of such premises that such owners are in favor of the granting of the permit to the applicant. The statement must be subscribed and sworn to by a notary public.

c.

At the time of the public hearing, the applicant must present to the zoning board of appeals an affidavit certifying that written notice of the public hearing was given by the applicant to all owners of real property, as shown on the latest completed assessment roll within one thousand (1,000) feet of the premises for which a permit is sought. The notice must be given no earlier than twenty (20) days and no less than ten (10) days before the date of the public hearing.

(7)

If an applicant requests a rooftop installation, the following additional requirements are conditions precedent to the granting of a permit:

a.

The diameter of the dish shall not exceed six (6) feet.

b.

The diameter of the dish shall be no larger than is technically required by the then standard of the art to receive the required signal.

c.

The dish shall be so placed so as to minimize its visibility to surrounding properties.

d.

The proposed use cannot reasonably serve the applicant from another location.

(Code 1966, § 44-XI-7(A))

The following provisions apply to drive-in movies and drive-in businesses:

(1)

The use shall have no direct entrance or exit on a state, county or town highway or road, except as approved by the highway department.

(2)

The use shall provide automobile storage facilities between the ticket gates and highway for not less than twenty (20) automobiles.

(3)

The use shall have no structure, other than an enclosure fence, within fifty (50) feet of any site boundary line.

(4)

The motion picture screen (if applicable) shall be located not less than one hundred (100) feet from any street or highway or property in residential districts and shall not face such highway or property unless the face of the screen is not visible because of natural or artificial barriers.

(5)

The use shall provide parking spaces in adequate numbers as determined by the zoning board of appeals to serve persons employed as well as the visiting public.

(Code 1966, § 44-XI-6)

The following provisions apply to electrical distribution substations and other public utility uses:

(1)

The facility, when not housed in a complete enclosed structure, shall be enclosed with a fence and set back from the property lines in accordance with the yard requirements as set forth for principal structures for the district in which the facility is located.

(2)

Appropriate landscaping shall be provided in conformity with the district in which the facility is located.

(3)

The facility shall not involve business offices, storage areas or structures requiring trucking or traffic movements.

(4)

At no point at the boundary of the public utility site shall the sound pressure levels exceed those set forth in section 24-726.

(Code 1966, § 44-XI-2(B))

The following provisions apply to golf courses (containing nine (9) holes or more) and/or county clubs:

(1)

The board of zoning appeals must have determined that the use will not be detrimental to the neighborhood, taking into consideration the physical relationship of the proposed use to the surrounding structures, the probable hours of operation and social activities to be conducted on the premises.

(2)

No clubhouse or principal building shall be located closer than two hundred (200) feet to any lot line which is not a street line.

(3)

Parking spaces shall be provided in adequate number as determined by the zoning board of appeals to serve persons employed on the premises, as well as the visiting public.

(4)

The use may not include commercial recreational uses. In this paragraph "commercial recreational uses" includes, but is not limited to, miniature golf courses, pitch-and-putt golf courses, driving ranges, skating rinks, rifle ranges, archery ranges, pool halls, bowling alleys and other commercial activities.

(Code 1966, § 44-XI-4(B))

An applicant for a special permit for a philanthropic or eleemosynary institution shall conform to the provisions prescribed for a sanitarium and convalescent or rest home.

(Code 1966, § 44-XI-3(B))

The following provisions apply to residential dish antennas exceeding six (6) feet in diameter:

(1)

The diameter of the dish shall be no larger than is technically required to receive the signal.

(2)

The dish antenna shall not be located on any trailer or portable device.

(3)

The dish antenna shall be in rear yards only and shall meet all the requirements for accessory structures.

(4)

The dish antenna shall not be placed on any roof, but may be placed inside a residence.

(5)

The dish antenna must meet all requirements of this chapter for height limitations and setback restrictions, and the applicant must obtain a building permit.

(6)

The zoning board of appeals, in considering an application, shall find before granting the permit that the proposed dish antenna will have a harmonious relationship with surrounding property uses and shall be so located so as not to diminish the value or use of surrounding properties.

(7)

In lieu of obtaining a special permit, the applicant may obtain the consent of all property owners within one hundred (100) feet of the installation, and the building inspector shall issue a permit provided that there is compliance with all other provisions of this section.

(Code 1966, § 44-XI-7(B))

The following provisions apply to veterinarians' offices and/or animal hospitals:

(1)

Off-street parking areas shall be provided in adequate number to serve persons employed on the premises and the visiting public.

(2)

Unenclosed kennels or fenced exercise yards for small animals (dogs, cats, etc.) shall be located at least twenty (20) feet from any property line.

(Code 1966, § 44-XI-8)

The following provisions apply to dog boarding and/or animal grooming businesses, whether as a sole occupant in a building or portion thereof or as an accessory or mixed use with other businesses. The zoning board of appeals may grant approval, modify a request or deny any application for dog boarding and animal grooming businesses.

(1)

The zoning board may include any reasonable conditions that will, among other items:

a.

Protect the town, the general public, the surrounding neighboring properties, the environment and the animals;

b.

Reduce or eliminate noise, odors, traffic congestion;

c.

Reduce or eliminate visual stimulation and exposure to the elements;

d.

Enhance privacy for the neighbors and for the animals.

(2)

The zoning board of appeals shall require the following for:

a.

Dog boarding business.

1.

Breeding is not permitted at dog boarding businesses.

2.

No dogs shall have their primary permanent home at the dog boarding business.

3.

Dog runs and holding areas located on the exterior of a building, shall be not less than twenty (20) feet from any property boundary, shall be completely enclosed to not less than eight (8) feet in height, with a permanent barrier or fence, which shall be constructed to resist frost action and damage by the dogs. In addition:

A.

It shall be waterproof, tear proof and shall provide privacy.

B.

It shall not be constructed of wood, vinyl or plastic materials.

C.

Mesh type fencing shall be not less than 9 gauge galvanized or aluminized material.

D.

Stabilizer bars shall be installed at the top and bottom of any mesh type or other pliable fending.

E.

The maximum vertical clearance between grade and the bottom of the barrier shall be two (2) inches, measured from the side of the barrier which faces away from the run or holding area.

F.

It shall be maintained in near new condition.

G.

Color may be designated by the zoning board.

H.

Opaque barriers may be required as determined by the zoning board.

4.

All non-liquid fecal material from the dogs, (whether deposited indoors or outdoors) shall be cleaned up on a routine basis, not less than twice per day, and shall be stored for removal in containers which are designed for this use and are air tight and water tight with lids that screw tight to secure the contents.

5.

Areas shall be designated for waste storage until removed to an off site location and if located outside the building, shall be securely constructed of masonry or fencing to adequately contain the storage units noted in paragraph 4. This area shall be maintained in a near new condition.

6.

Commercially designed, interior pet car, air purifier systems, shall be installed in the building areas used for dogs, to reduce odors, contaminants and bacteria and shall be maintained in near new condition.

7.

Indoor and outdoor ground and floor surfaces shall be the type consistent with surfaces appropriate for use by dogs.

8.

Surfaces shall be able to be easily and completely cleaned and disinfected, with proper means for liquid waste disposal.

9.

Holding tanks for solid or liquid waste may be required by the board.

10.

Noise reduction construction and/or systems may be required to meet the items noted in subsection (1).

b.

Grooming business.

1.

Animal holding areas shall not be located on the exterior of a building.

2.

Animals are not allowed to be boarded.

3.

Breeding animals is not permitted at the grooming businesses.

4.

No animals shall have their primary permanent home at the grooming business.

5.

Animals are not permitted to remain on site for more than five (5) hours.

6.

Grooming waste, (hair, nails, etc.) shall not be disposed of in the sanitary sewer system or any on-site septic system.

7.

All non-liquid fecal material from the animals shall be cleaned up on an immediate basis and shall be stored for removal in containers which are designed for this use and are air tight and water tight with lids that screw tight to secure the contents.

8.

All liquid waste shall be cleaned up on an immediate basis.

9.

Areas shall be designated for waste storage until removed to an off site location and if located outside the building, shall be securely constructed of masonry or fencing to adequately contain the storage units noted in paragraph 7. This area shall be maintained in near new condition.

10.

Indoor floor surfaces shall be of the type consistent with surfaces appropriate for this use.

11.

Surfaces shall be able to be easily and completely cleaned and disinfected, with proper means for disposal.

12.

Noise reduction construction and/or systems may be required to meet the items noted in subsection (1).

(L.L. No. 3 of 2011, § 3)

(a)

Uses permitted in districts subject to issuance of special permits by the town board shall be subject to the standards and provisions set forth and prescribed for the use in this division.

(b)

The town board upon finding that the spirit of this chapter will be observed and subject to appropriate conditions may, in its sole discretion and judgment, waive any provisions, requirements or mixes in uses when granting a special permit.

(c)

The special permit shall be granted for the specific use requested, and the permit shall be limited to the use, intensity of use and other factors set forth in the application for the special permit.

(d)

The town board may grant approval for a special permit on stated conditions which regulate the hours of operation, the type and intensity of operation, the ingress, egress and traffic control, appropriate buffer zones and such other conditions to ensure that the public health, safety and welfare will be observed, and the permit shall be valid only so long as there is compliance with the stated conditions.

(e)

The town board shall exercise continuing jurisdiction over all special permits issued by the town board. Upon notice to the applicant, the town board may hold a hearing to revoke, modify or change a special permit.

(Code 1966, § 44-XI-20)

If a public hearing is required before a special permit can be granted by the town board, a fee of thirty dollars ($30.00) shall be paid upon the making of an application for a special permit. The fee shall be paid for the purpose of defraying the expense of processing the application and publication of the public notice.

(Code 1966, § 44-XI-18)

The following provisions apply to abattoirs and animal reduction works:

(1)

The person operating the establishment shall:

a.

Maintain the premises upon which the business is carried on in a sanitary condition at all times. Floors and inside walls must be hosed and washed at reasonable intervals. Pits and stalls must be kept clean and free from objectionable smells at all times. Containers for offal and entrails must be emptied and properly cleaned daily and all matter, such as offal or entrails, must be burned or disposed of by burial daily.

b.

Equip and provide each establishment with a septic tank of sufficient dimensions to serve its requirements as approved by the state. Under no circumstances will raw sewage be allowed to drain into any creek or watercourse.

(2)

The premises shall pass periodic inspections conducted by the town health officer. If the premises do not pass inspection they shall be closed until the requirements of the health officer have been complied with.

(3)

No establishment shall be located within three hundred (300) feet of any street, avenue or road or within three hundred (300) feet of any adjacent property.

(Code 1966, § 44-XI-15)

The following provisions apply to adult entertainment businesses:

(1)

Applicants for a permit to operate an adult entertainment business shall submit the following:

a.

Name, address and telephone number of the applicant.

b.

A map showing the location of the premises for which such permit is sought, and the existing or proposed location of structures upon such premises.

c.

Name of the person who will operate the adult entertainment business if the permit is granted.

d.

Such other information as the town board requests in order to have all facts before it prior to making a decision.

(2)

Upon the receipt of the application and any necessary supplementary information, the town board shall set a date for a public hearing in regard to the granting of such permit, and a notice of such public hearing shall be published in the town newspaper no earlier than twenty (20) days and no later than ten (10) days before the date of the public hearing.

(3)

At the time of the public hearing, the applicant must present to the town board an affidavit certifying that written notice of the public hearing was given by the applicant to all owners of real property, as shown on the latest completed assessment roll, within five hundred (500) feet of the premises for which a permit is sought. The notice must be given no earlier than twenty (20) days and no later than ten (10) days before the date of the public hearing.

(4)

At the time of the public hearing, the applicant must present to the town board a statement from fifty (50) percent of the owners of real property, as shown on the latest completed assessment roll, within five hundred (500) feet of the subject premises, that such owners are in favor of granting of such permit to the applicant. The statement must be subscribed and sworn to by a notary public.

(5)

No permit shall be granted for the operation of an adult entertainment business unless the following basic requirements are complied with: No adult entertainment business shall be located within two hundred fifty (250) feet of any lot or parcel occupied by a school, hospital, library, church or nursing home. The measurement shall be from the closest lot line of the school, hospital, library, church or nursing home to the closest lot line upon the lot on which the adult entertainment business is located.

(6)

Before a permit may be issued, the town board must find that the public convenience and welfare will be substantially served and the appropriate use of the neighboring property will not be injured thereby, and that the granting of the permit is in the best interest of the community and its inhabitants.

(7)

No building permit shall be issued pursuant to any special permit heretofore issued by the zoning board of appeals.

(8)

Section 24-65 applies to this section.

(Code 1966, § 44-XI-21)

(a)

The following provisions apply to dog kennels and/or commercial training and care of dogs:

(1)

A special permit for a dog kennel includes commercial training and care of dogs. A special permit for commercial training and care of dogs does not include the right to maintain a dog kennel unless specifically stated in the special permit.

(2)

Applicants for permits to operate a dog kennel or commercial training and care of dogs shall submit the following:

a.

The name, address and telephone number of the applicant.

b.

A map showing the location of the premises for which such permit is sought and existing or proposed location of structure upon such premises.

c.

The name of the person who will operate the facility if the permit is granted.

d.

Whether the application is for a dog kennel or commercial training and care of dogs.

e.

Such other information as the town board requests in order to have all the facts before it prior to making a decision.

(3)

Upon the receipt of such application and any necessary supplemental information, the town board shall set a date for a public hearing in regard to the granting of the permit, and a notice of the public hearing shall be published in the official town newspaper no earlier than twenty (20) days and no later than ten (10) days before the date of the public hearing.

(4)

At the time of the public hearing, the applicant must present to the town board an affidavit certifying that the written notice of the public hearing was given by the applicant to all owners of real property as shown on the latest completed assessment roll, within five hundred (500) feet of the premises for which a permit is sought. The notice shall be given no earlier than twenty (20) days and not later than ten (10) days before the public hearing.

(5)

At the time of the public hearing, the applicant must present to the town board a statement from fifty (50) percent of the owners of real property, as shown on the latest completed assessment roll, within five hundred (500) feet of the subject premises, that such owners are in favor of granting said permit to the applicant. The statement must be subscribed and sworn to before a notary public.

(6)

No dog kennel or commercial training and care of dogs shall be located within five hundred (500) feet of any residential district. The measurement distance shall be from the closest lot line to the closest lot line.

(7)

Before a permit may be issued, the town board must find that the public welfare and convenience will be substantially served and the appropriate use of neighboring property will not be injured thereby, and that granting such permit is in the best interest of the community and its inhabitants.

(b)

This section does not affect or alter the establishment of an animal hospital so long as the animal hospital is run and supervised by a veterinarian licensed to practice in the state.

(Code 1966, § 44-XI-11)

The following provisions apply to heliports:

(1)

Applicants for a permit shall submit the following:

a.

The name, address and telephone number of the applicant.

b.

The name of the person who will operate the heliport if the permit is granted.

c.

A site plan showing the location of the premises for which the permit is sought, the existing or proposed location of structures on the premises and all structures within three hundred (300) feet of the landing pad, and primary and secondary landing and take-off patterns.

d.

A copy of the application filed with the Federal Aviation Administration.

e.

Such other information as the town board shall request in order to have all the facts before it prior to making a decision.

(2)

Upon the receipt of the application and any necessary supplemental information, the town board shall set a date for a public hearing.

(3)

No heliport pad shall be located within three hundred (300) feet of any private residence, hospital or nursing home without the owner's consent at the time of the application. The measurement distance shall be the pad line to the closest structure.

(4)

The heliport shall comply with all applicable federal and state regulations and must have approval of proposed flight pattern by the Federal Aviation Administration.

(5)

The operation of a heliport shall be in compliance with chapter 6, article II of this Code.

(6)

In issuing the permit, the town board may impose any condition which it deems necessary to promote the orderly development of the surrounding area and to uphold the spirit and intent of all town laws. To accomplish this purpose the town board may refer the special use permit requested to the planning board for review and comment.

(7)

The permit is not transferable.

(Code 1966, § 44-XI-19)

The following provisions apply to hospitals:

(1)

No principal building shall be located closer than fifty (50) feet to the lot line which is not a street line.

(2)

The location shall be such as to offer reasonable protection to the neighborhood against possible detrimental effects, taking into consideration the physical relationship to the surrounding properties and access to the site over any nearby street.

(Code 1966, § 44-XI-13)

The following provisions apply to junkyards:

(1)

Applicants for a permit shall submit the following:

a.

The name, address and telephone number of the applicant.

b.

A map showing the location of the premises for which such permit is sought and the existing or proposed location of structures on the premises.

c.

The name of the person, firm, corporation or association which will operate the business if such permit is granted.

d.

Such other information as the town board requests in order to have all the facts before it prior to making a decision.

(2)

Upon the receipt of such application and any necessary supplemental information, the town board shall set a date for a public hearing in regard to granting of such permit, and a notice of the public hearing shall be published in the official town newspaper no earlier than twenty (20) days and no later than ten (10) days before the date for the public hearing.

(3)

At the time of the public hearing the applicant must present to the town board an affidavit certifying that the written notice of the public hearing was given by the applicant to all owners of real property as shown on the latest completed assessment roll, within two hundred fifty (250) feet of the premises for which a permit is sought. The notice shall be given no earlier than twenty (20) days before the date of the public hearing and no later than ten (10) days before.

(4)

At the time of the public hearing, the applicant must present to the town board a statement from fifty (50) percent of the owners of real property as shown on the latest completed assessment roll, within two hundred fifty (250) feet of the subject premises, that such owners are in favor of granting of the permit to the applicant. The statement must be subscribed and sworn to before a notary public.

(5)

No junkyard, auto wrecking business or business for the storage of salvage materials shall be located within five hundred (500) feet of any residential district. The measurement distance shall be from closest lot line to closest lot line.

(6)

Before a permit can be issued, the town board must find that the public convenience and welfare will be substantially served and the appropriate use of neighboring property will not be injured thereby and that granting of such permit is in the best interest of the community and its inhabitants.

(7)

The town board, if it sees fit in granting a permit, shall have the power to require additional conditions and other reasonable requirements as a condition precedent to the granting of the permit.

(8)

Anything in this section notwithstanding, the town board may, on its own motion, permit a junkyard without complying to the foregoing provisions and procedure, if the junkyard is to be used in connection with a town-operated or town-sponsored program to dispose of junk, etc., from other public or private properties within the town.

(Code 1966, § 44-XI-14)

The following provisions apply to mobile home parks:

(1)

The park site shall have a minimum area of eight (8) acres and shall contain no more than one (1) mobile home for each seven thousand (7,000) square feet of gross site area.

(2)

The site shall be served by municipal water and sanitary sewers. The owner of the proposed mobile home park shall have prepared a site grading plan showing mobile home lots, a drainage plan and a utility plan showing connections to all lots.

(3)

No mobile home lot shall have less than five thousand (5,000) square feet in area and less than fifty (50) feet of frontage on a paved access road. Lots for expandable or double-width mobile homes shall be increased in size to comply with paragraph (4) of this section.

(4)

No mobile home shall be closer than twenty-five (25) feet to the paved access road or within twenty-five (25) feet of any other mobile home or structure in the park.

(5)

Two (2) paved off-street parking spaces shall be provided per mobile home lot.

(6)

Provisions shall be made to securely anchor each mobile home to the ground. No mobile home shall be occupied until this provision is met.

(7)

A usable area set aside exclusively for recreation shall be provided within the park and shall be equal in area to at least two hundred fifty (250) square feet for each lot in the park. The minimum required area shall not have a grade in excess of four (4) percent nor a horizontal dimension of less than forty (40) feet.

(8)

Each park shall have no more than one (1) entrance road on any one (1) street frontage for every forty-eight (48) lots.

(9)

A landscaped yard at least thirty (30) feet wide shall be provided around the entire perimeter of the park. This yard area shall be densely planted with approved plant materials and maintained to provide visual screening from adjacent properties. This yard shall not count in fulfilling the recreation space requirement.

(10)

As a condition of site plan approval, the planning board may require interior landscaping at the rate of one (1) tree per mobile home lot.

(11)

No mobile home shall be occupied within the park until a minimum of forty-eight (48) lots has been prepared in accordance with the above requirements.

(12)

Mobile home parks that are legally existing as of January 1, 2005 and have a current certification of existing use from the code enforcement officer, may continue that use. For these existing mobile home parks, exchanging, replacing or upgrading existing mobile homes or manufactured homes on existing approved lots or pads shall be consistent with the performance standards noted in this section.

a.

New homes and their installation shall comply with applicable provisions of the state Uniform Fire Prevention and Building Code and any other applicable laws, codes or rules.

b.

Lot (pad) shape and size may not be altered except as permitted in the local law.

c.

Distances separating homes shall be twenty five (25) feet or the distance existing prior to removal of the mobile home or the minimum required by other applicable laws, codes or rules, whichever is greater. Reasonable allowance may be made by the code enforcement officer to accommodate reductions in distance separations due to newer home size and configuration, up to the separation required by laws, codes or rules, but never less than ten (10) feet.

d.

Setback distance from mobile homes replacing existing mobile homes, to the property boundaries of the mobile home park, shall be the minimum required by the codes, or the distance existing prior to removal of the mobile home, whichever is greater. Reasonable allowance may be made by the code enforcement officer to accommodate a reduction in distance setback due to newer home size and configuration so as to allow not less than a fifteen (15) feet setback to property boundaries.

e.

Any reduction in separation or set back distance from mobile homes may be granted only after considering the following factors:

1.

The separation be the minimum necessary to accommodate the new mobile home size.

2.

No utilities are effected or encroached upon.

3.

The reduction shall not alter the essential character of the adjoining lots in the mobile home park.

f.

Buffering to provide a year round visual screen to minimize impacts for an adjacent property or from adjacent areas, shall be provided when a mobile home encroaches to less than twenty (20) feet from the mobile home park property boundary. Buffering approved by the code enforcement officer may consist of evergreens, berms, rocks, boulders, mounds, or combinations to achieve the stated objectives. Fencing may also be required if deemed necessary by the code enforcement officer.

g.

Installation of single story "double wide" homes is permitted. They shall be required to use at least two (2) contiguous, adjacent lots (pads) and shall conform to the above noted requirements. Future requests for removing "double wide" homes and separating these lots for single width home placement, shall only be approved through the planning board.

h.

Other than stated in subsection g., no alterations are permitted that result in increasing the number of existing home lots (pads).

(Code 1966, § 44-XI-12; L.L. No. 2 of 2005, § 1)

The following provisions apply to vehicle service stations:

(1)

Any person, as of December 18, 1961, operating a wrecker-commercial garage, a wrecker garage or a commercial garage may continue to do so without obtaining a special permit. Any such person or any person claiming a nonconforming use to operate such business may, by providing sufficient proof of such prior operation or of such nonconforming use, obtain a certificate of prior use from the administrative officer. Any such person denied a certificate of prior use from the administrative officer may appeal such denial before the zoning board of appeals which may issue such certificate if such right to such certificate is established. Any such business which is discontinued for one (1) year shall not be resumed by any person without the issuance of a permit.

(2)

Applicants for a permit to operate a vehicle service station shall submit the following:

a.

Name, address and telephone number of the applicant.

b.

A map showing the location of the premises for which such permit is sought, and the existing or proposed location of structures upon such premises.

c.

The name of the person who will operate the vehicle service station if the permit is granted.

d.

Such other information as the town board shall request in order to have all facts before it prior to making a decision.

(3)

Upon the receipt of the application and any necessary supplementary information, the town board shall set a date for a public hearing in regard to the granting of the permit, and a notice of such public hearing shall be published in the town newspaper no earlier than twenty (20) days and no later than ten (10) days before the date of the public hearing.

(4)

At the time of the public hearing, the applicant must present to the town board an affidavit certifying that written notice of the public hearing was given by the applicant to all owners of real property, as shown on the latest completed assessment roll, within five hundred (500) feet of the premises for which a permit is sought. The notice must be given no earlier than twenty (20) days and no less than ten (10) days before the date of the public hearing.

(5)

At the time of the public hearing, the applicant must present to the town board a statement from fifty (50) percent of the owners of real property, as shown on the latest completed assessment roll, within five hundred (500) feet of the subject premises, that such owners are in favor of the granting of such permit to the applicant. The statement must be subscribed and sworn to by a notary public.

(6)

No permit shall be granted for the operation of a vehicle service station unless the following basic requirements are complied with:

a.

No vehicle service station building shall be located within two hundred fifty (250) feet of any lot or parcel occupied by a school, hospital, library, church or nursing home. The measurement shall be from the closest lot line of the school, hospital, library, church or nursing home to the closest point of the vehicle service station building. In addition, there shall be at least one hundred fifty (150) feet measured from the closest lot line to the closest lot line.

b.

Pumps, lubricating or other devices shall be located at least twenty (20) feet from any street or highway right-of-way.

c.

All fuel oil or similar substance shall be stored at least thirty-five (35) feet distant from any street or lot line. Underground gasoline tanks shall be located at least twenty (20) feet from any street or highway right-of-way.

d.

No vehicle service station shall be located within one hundred (100) feet of a residence district, except that this provision shall not apply when all the properties residentially zoned within one hundred (100) feet shall approve said special permit, and at least two-thirds (⅔) of the property owners are in favor of granting said special permit.

e.

No vehicle service station shall be located on any lot of an area less than twenty-two thousand five hundred (22,500) square feet and a contiguous street frontage of not less than one hundred fifty (150) feet.

f.

The parking of trucks as an accessory use shall not be permitted except those used exclusively for the conduct of the vehicle service station business.

g.

No rental devices or equipment shall be placed on the premises with the exception of merchandising equipment for the sale of soft drinks, candy and tobacco products, which shall be placed on the interior of the building only.

h.

No junk vehicle shall be stored outside. Disabled vehicles may be stored outside for a period of up to ten (10) days, and in no event more than four (4) at a time, except that the town board may grant a license to store junk vehicles and additional disabled vehicles for longer periods of time on the property pursuant to section 15-27 and pursuant to such other requirements as the town board may deem appropriate to protect neighboring private and public property, including public rights-of-way.

i.

There shall be no outside storage of supplies, tires, drums, parts, etc.

j.

There shall be no sales of or rentals of fertilizer, U-hauls, trailers or trucks on the premises.

(7)

In addition to meeting the aforementioned requirements, before a permit can be issued, the town board must find that the public convenience and welfare will be substantially served and the appropriate use of the neighboring property will not be injured thereby, and that the granting of such permit is in the best interest of the community and its inhabitants.

(8)

No building permit shall be issued pursuant to any special permit heretofore issued by the zoning board of appeals.

(9)

Section 24-65 does not apply to this section.

(Code 1966, § 44-XI-10; L.L. No. 2 of 2001, § 1, 11-14-01)

The following provisions apply to research laboratories:

(1)

No hazardous research shall be conducted on the premises.

(2)

No research that will affect the peace, welfare and comfort on adjoining parcels shall be conducted on the premises.

(3)

The applicant must provide copies of any application filed with any state agency and copies of any permits that have been issued.

(L.L. No. 1 of 1993, § 2)

(a)

Residential zoning districts.

(1)

The placement or use of storage containers, for permanent use as an accessory storage building, in residential zoning districts shall be prohibited.

(2)

The placement or use of storage containers, as temporary storage, shall be permitted under the following circumstances:

a.

A structure is undergoing construction, repair, alteration, or reconstruction, for which a building permit has been issued. The storage container shall be removed from the premises upon issuance of a certificate of occupancy or a certificate of compliance, or such time as the code enforcement officer deems the project complete.

b.

The storage container is being used to store household belongings in connection with a disaster, i.e., fire, flood, etc. The storage container shall be removed from the premises upon issuance of a certificate of compliance, demolition of the structure, or such time as the code enforcement officer deems the project complete.

c.

At the discretion of the code enforcement officer, for extenuating circumstances, and/or limited time periods.

d.

Placement of storage container(s) in a residential zoning district shall be at the discretion of the code enforcement officer.

(b)

Commercial and Industrial zoning districts.

(1)

The following provisions shall apply to the use of storage containers for the purpose of storing materials, supplies, inventory or products:

a.

Permit applications for the placement of storage containers shall contain the following information:

1.

Name, address and phone number of property owner(s).

2.

Name, address and phone number of applicant.

3.

A detailed list of all material and amounts of materials to be stored in the containers and the material data sheets applicable to any materials to be stored.

4.

A site plan, drawn to scale, of the entire parcel showing all existing structures and the location of the proposed container storage giving the distances to all property lines and existing structures.

5.

A listing of the number, type and size of the containers being requested for storage.

6.

A statement as to the amount of time the containers will be utilized and the expected date as to when the containers will be removed from the site.

7.

An application fee of one hundred dollars ($100.00) per container, per thirty (30) day period or portion thereof, shall be submitted at the time of application.

(2)

A maximum of ten (10) storage containers shall be permitted at any one (1) time.

(3)

Permit applications will be reviewed by the town building and code department. Permit applications for greater than ten (10) storage containers, or requests for permanent placement of a storage container(s), will be reviewed by the town board who shall direct the code officer accordingly as to its determination.

(4)

Storage containers may be placed for not more than six (6) months in any twelve-month period.

(5)

A portable fire extinguisher is required to be mounted in each storage container on site. The minimum size extinguisher shall be a two and one-half (2½) pound, hand held extinguisher, compatible with the materials or products being stored.

(6)

Storage containers shall not be placed so as to pose a fire hazard to a permanent structure, restrict exit discharge or access to the public way, or restrict fire department access to the perimeter of the structure where storage containers are located.

(7)

Storage containers shall meet the setback requirements for accessory structures, for the zoning district in which they are being placed.

(8)

Storage containers shall not be stacked above the height of a single container.

(9)

Storage containers shall not be used for the placement of signage or advertising purposes.

(10)

Storage containers shall not occupy required off-street parking spaces, loading spaces, or landscape areas.

(11)

Storage containers shall not be placed in the floodway or "100-year floodplain."

(c)

Existing storage containers.

(1)

Existing unpermitted storage containers, located in any zoning district, shall have one hundred eighty (180) days from adoption of this local law to remove the storage container from the parcel, or obtain a valid permit per the above regulations.

(L.L. No. 4 of 1996, § 3; L.L. No. 2(A) of 2018; L.L. No. 1 of 2019)

Editor's note— L.L. No. 4 of 2025, § 1, adopted June 17, 2025, repealed § 24-388, which pertained to solar energy local law and derived from Local LL 9 of 2023, adopted Oct. 25, 2023.

(a)

The following provisions apply to outdoor storage of materials, equipment and supplies:

(1)

There must be compliance with all of the conditions and limitations set forth in the permit, which conditions and limitations shall be designed to achieve the objectives of section 24-86 and shall be consistent with and in furtherance of the provisions of the site plan approval for the particular property. In a suitable case such permit may be denied as appropriate.

(2)

Prior to issuance of the special permit, the planning board shall review the proposed outdoor storage and shall make such recommendations for conditions and limitations as it finds are appropriate pursuant to section 24-86 or, if it finds outdoor storage inappropriate, it shall so state with its reasons and shall promptly submit its recommendations to the administrative officer.

(3)

The administrative officer may vary the special permit from the recommendations of the planning board, but he must set forth in writing, as a part of the permit, the differences between the special permit and the recommendations.

(b)

Nothing contained in this section shall limit outdoor storage on any parcel which exists on the effective date of this section or which existed within one (1) year prior thereto, but such preexisting outdoor storage shall not be materially increased in intensity or materially changed in character. A certificate of existing use for such preexisting outdoor storage may be issued pursuant to section 24-22 by the administrative officer without planning board review.

(Code 1966, § 44-XI-17)