Waterford Town City Zoning Code
ARTICLE V
Supplementary Regulations
§ 161-29 Additional area, height and bulk regulations.
A.
Regulations in Article III, regulations governing lot area and lot width, front, side and rear yards, building coverage and building height, are as specified in Article III. All permitted uses are subject to the regulations appearing in Article II and Article III and to additional regulations as follow.
B.
Additional area and yard regulations.
(1)
Lots of less than required dimensions.
(a)
Any lot with an area or a width less than that required in the district in which said lot is located may be used for any purpose permitted in the district, provided that all other regulations prescribed for the district shall be complied with, and further provided that said lot was held under separate ownership at the time of the adoption of this chapter and the owner thereof owned no adjoining land that could be combined with said lot to meet the dimension requirements.
(b)
In the event that compliance with the yard and coverage requirements of the district would result in a residential structure of less width than 24 feet, the Zoning Board of Appeals shall determine and fix yard and coverage requirements for said lot to permit its reasonable utilization for a permitted use.
(2)
Reduction of lot area. The minimum yards and open spaces, including lot area per family, required by this chapter for any building existing at the time of adoption of this chapter or for any building hereafter erected or structurally altered shall not be encroached upon or considered as yard or open space requirements for any other building, nor shall any lot be reduced below the district requirements of this chapter.
(3)
Corner lots. On a corner lot in any district where a front yard is required, a yard shall be provided on each street, equal in depth to the required front yard on such streets. One rear yard shall be provided on each corner lot, and the owner shall designate the rear yard on his application for a zoning permit. For fences on corner lots in Riverbend, see § 161-56. Nothing in this subsection shall be so interpreted as to reduce the building width of a corner lot, facing an intersecting street and of record at the time of the passage of this chapter, to less than 24 feet.
(4)
Visibility at street corners. On a corner lot in any district where a front yard is required, no fence, wall, hedge, or other structure or planting more than three feet in height shall be erected, placed, or maintained so as to obstruct visibility of vehicular traffic within the triangular area formed by the intersecting street right-of-way lines and a straight line joining said lines at points 20 feet distant from the point of intersection, measured along said lines. No fence shall be placed within the road right-of-way.
(5)
Front yard exceptions. The front yard of all buildings and structures hereafter constructed within a residence district shall not be less than the average front yard of all buildings in the block for a distance of 300 feet on each side of such building. A vacant lot within the 300-foot distance shall be considered as having the minimum front yard required in the district for the purpose of computing such average front yard.
(6)
Transition yard requirements.
(a)
Where two districts abut the same street between two intersecting streets and the front yard requirements of one district are less than those of the other district, there shall be provided for buildings hereafter constructed or structurally altered within a distance of 50 feet from the district boundary line in the less-restricted district a front yard equal in depth to the average of the required depth in the two districts.
(b)
Where the side or rear yard of a lot abuts a side or rear yard of a lot in a more-restricted district, there shall be provided along such abutting line or lines a side or rear yard equal in depth to that required in the more-restricted district.
(7)
Projecting architectural features, terraces, porches, and fire escapes.
(a)
The space in any required yard shall be open and unobstructed except for the ordinary projections of windowsills, belt courses, cornices, eaves, and other architectural features; provided, however, that such features shall not project more than two feet into any required yard.
(b)
A paved terrace shall not be considered as part of a building in the determination of yard sizes or lot coverage, provided that such terrace is unroofed and without walls, parapets or other forms of enclosure exceeding six feet in height.
(c)
In determining the percentage of building coverage or the size of yards for the purpose of this chapter, enclosed porches or porches open at the side but roofed shall be considered a part of the building.
(d)
An open fire escape may extend into any required yard by more than six feet, provided that such fire escape shall not be closer than four feet, at any point, to any lot line.
(e)
Unenclosed entrance steps or stairways providing access to the first story of a building may extend into any required yard a distance not to exceed six feet.
(8)
Walls, fences, and hedges. The yard requirements of this chapter shall not prohibit any necessary retaining wall, nor any fence, wall or hedge permitted by Town ordinance, provided that, in any residence district, such fence, wall or hedge shall be no closer to any front lot line than two feet and shall comply with visibility at street corners as provided in this article. Fences and hedges shall be a maximum height of six feet between buildings used as dwellings.
C.
Additional height requirements.
(1)
Chimneys, spires, etc. The height limitations of this chapter shall not apply to belfries, church spires, cupolas, penthouses, and domes which are not used for human occupancy; nor to chimneys, ventilators, skylights, water tanks and necessary mechanical appurtenances usually carried above the roof level; nor to barns, silos, monuments, transmission towers and cables, radio and television antennas or towers and similar structures. Such features, however, shall be erected only to such height as is necessary to accomplish the purpose for which they are intended. No advertising device of any kind whatsoever shall be inscribed upon or attached to that part of any chimney, tower, tank, or other structure which extends above the roof limitations.
(2)
On through lots. On through lots 120 feet or less in depth, the height of a building may be measured from the grade of either street. On through lots more than 120 feet deep, the height regulations and basis of height measurement for the street permitting the greater height shall apply to a depth of not more than 120 feet from that street.
D.
Accessory buildings: number, height, and location.
(1)
Height. The maximum height of accessory buildings shall be one story or 15 feet, except for buildings used for agricultural purposes.
(2)
Location.
(a)
Unattached accessory buildings in residence districts. Accessory buildings which are not attached to a principal building may be erected within the rear yard, in accordance with the following requirements:
[1]
Rear yard: five feet from side or rear line, except when abutting an alley, then 10 feet.
[2]
Side yard, street side of corner lot: same as for principal building.
(3)
Not closer to a principal building than 10 feet.
(4)
Attached accessory buildings in residence districts. When an accessory building is attached to the principal building, it shall comply, in all respects, with the requirements of this chapter applicable to the principal building.
(5)
Accessory buildings in business districts. Nondwelling accessory buildings shall comply with front and side yard requirements for the principal building to which they are accessory.
§ 161-29.1 Green space requirements.
The following are green space requirements for the districts indicated:
District | Percentage of Green Space Calculated from Total Acreage |
|---|---|
C-1 Commercial District | 35% |
C-2 Commercial District | 35% |
C-3 Commercial District | 35% |
M-1 Manufacturing District | 35% |
M-2 Manufacturing District | 35% |
Planned Development District - Commercial or Manufacturing | 35% |
Planned Development District - Residential | 50% |
Any major subdivision in a Commercial District | 35% |
Any major subdivision in the R Rural District | 50% pursuant to Chapter A166, Article V |
§ 161-30 Off-street parking and loading.
A.
Off-street parking.
(1)
Off-street parking space shall be required for all buildings constructed or new uses established after the effective date hereof. Each off-street space shall consist of at least 162 square feet with a minimum width of nine feet. In addition, space necessary for aisles, maneuvering and drives shall be provided. Parking requirements are specified in Subsection D, Off-Street Parking Schedule. For uses not specified, the Planning Board shall establish parking requirements in specific cases, to meet 85% of peak parking demand. The number of off-street parking spaces provided should be the minimum necessary to adequately serve the intended use.
(2)
For any building having more than one use, parking spaces shall be required as provided for each use. Further, the Planning Board is authorized to accept shared parking spaces where the applicant has a signed agreement with another parking lot to cover a portion of parking requirements. Shared parking lots shall be within 300 feet of each other in order to be counted.
(3)
Parking spaces required in Residence Districts shall be located in the side or rear yard on the same lot or tract as the principal use. For parking lots in Commercial Districts, the following standards shall be incorporated into the design for new commercial uses, unless waived by the Planning Board:
(a)
All parking shall be placed to the side or rear of the principal building to the maximum extent feasible. Where side or rear placement is not feasible due to lot configuration, parking lots may be placed to the front of a structure, provided that they shall be screened and landscaped to minimize direct views of parked vehicles from streets. However, screening shall not impede sight distances for vehicles and pedestrians. Screening of parking lots preexisting prior to the adoption of this chapter and associated with existing commercial or public uses is not required.
(b)
The interior of all new parking lots shall be landscaped to provide shade and visual relief through the use of planting islands or peninsulas. Parking lots with 10 or fewer spaces may not require interior landscaping if the Planning Board determines that there is adequate perimeter landscaping.
(c)
Parking lot layout shall take into consideration pedestrian circulation. Where necessary and appropriate, crosswalks shall be provided for and be distinguished by textured paving or other markings and integrated into the larger pedestrian network.
(d)
Where feasible, use of permeable surfaces in parking lots are preferred.
(e)
In any commercial district, a minimum of one bicycle rack designed to contain at least four bicycles shall be provided for every 10 vehicular parking spaces.
(f)
Cross-easements between two commercial parcels should be used to provide opportunities for shared access to parking to the maximum extent practical.
(g)
All parking lots shall be designed to meet all requirements of the American with Disabilities Act (ADA).[1]
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
(4)
Floor areas, for the purposes of computing parking requirements, shall be the sum of the horizontal area within exterior walls of the several floors of a building, excluding basement, cellar and attic areas used primarily for storage or service.
B.
Off-street loading.
(1)
When necessary for the proposed commercial use, at least one off-street loading facility shall be provided for each commercial or industrial establishment hereafter erected or substantially altered. Space for off-street loading shall be in addition to space for off-street parking.
(2)
Each facility shall be subject to the following minimum requirements:
(a)
Each berth shall be not less than 12 feet wide, 33 feet long and 14 feet in height when covered.
(b)
Space for such berth may occupy any part of any required side or rear yard, except that no such berth shall be located closer than 100 feet to any lot in any residence district unless wholly within a completely enclosed building.
C.
Residence districts. Off-street parking facilities, as covered in Subsection A of this section and in Subsection D, Off-Street Parking Schedule, shall apply to the uses permitted under § 161-11B but not to the uses permitted under § 161-11A.
D.
Off-Street Parking Schedule. In addition to the following minimum spaces, all ADA requirements shall also be met:
Use | Spaces Required |
|---|---|
Dwellings | 2 for each dwelling unit |
Residential unit in mixed-use structure | 1.25 for each dwelling unit |
Rooming houses, tourist homes, motels, hotels | 1 for each guest room plus 1 per 400 square feet of public meeting area or restaurant space |
Administrative, professional, eleemosynary, governmental or utility offices | 1 for each 600 square feet of floor space |
Funeral homes | 10, plus space for all employee and resident personnel cars |
Physicians' or surgeons' offices | 4 for each physician or surgeon who maintains an office in the building |
Churches or temples | 1 for each 5 seating spaces in main assembly room |
Schools | 2 for each elementary classroom |
Theaters or other places of assembly | 1 for each 5 seating spaces |
Hospitals, sanatoriums, nursing or convalescent homes | 1 for each 4 beds |
Retail stores or banks | 1 for each 400 square feet of floor area |
Clubs, lodges and restaurants | 1 for each 50 square feet of floor area |
Bowling alleys | 5 for each alley |
Wholesale, storage, freight terminal or utility uses | 1 for each 1,000 square feet of floor area |
Industrial or manufacturing uses | 1 for each 2 employees on the maximum working shift |
Home occupations, major | 1 for each 100 square feet of floor area devoted to such use |
Multifamily dwellings | 2 for each dwelling unit in the building; provided, however, that no front yard shall be used for the open-air parking or storage of any motor vehicle |
Office buildings | 1 for each 300 square feet of office floor area |
§ 161-31 Signs.
Signs that are included as an element in a site plan review or special use permit application shall be reviewed by the Planning Board at the same time as all other elements reviewed during the site plan or special use process. If a proposed sign is not part of a site plan review or special permit application, such sign shall be reviewed and permitted with a sign permit by the Building Inspector. The size, type and location of any sign or advertising device shall be in accordance with the following regulations:
A.
Signs in R Residence Districts.
(1)
The following signs shall be permitted in R Residence Districts:
(a)
Nameplate, identification signs and professional signs on any premises used for any of the uses permitted in a residence district, provided that such signs shall not exceed four square feet in area and shall not emit any flashing or intermittent illumination.
(b)
Institutional signs for schools, churches, hospitals or similar public or semipublic institutions, provided that such signs shall not be greater than 15 square feet in area and shall not emit any flashing lights or letters, scrolling or changing graphics, or intermittent illumination including lights from electronic signs or LED-style signs.
(c)
Business signs pertaining only to a legal nonconforming use of the premises on which it is located, provided that such signs shall not exceed 20 square feet in area and shall not emit any flashing lights or letters, scrolling or changing graphics, or intermittent illumination, including lights electronic signs or LED-style signs. Such signs shall be ground-mounted only and with a maximum height of eight feet. Freestanding pole signs shall not be permitted.
(d)
Temporary signs located on the premises on which they are located, provided that such signs shall not exceed six square feet in area, shall not be illuminated and shall be promptly removed by the property owner when the circumstances leading to their erection no longer apply.
B.
Signs in C Commercial Districts.
(1)
The following signs shall be permitted in C Commercial Districts:
(a)
Signs permitted in R Residence Districts.
(b)
Business signs on the premises on which they are located. Two signs per business shall be allowed with one building-mounted and one freestanding or ground-mounted. For premises having more than one business located within the structure, each business shall be allowed one building-mounted sign having a maximum size of 12 square feet and the premises shall be allowed one freestanding or ground-mounted sign with a maximum size of 24 square feet. The maximum height for a freestanding sign or a ground-mounted sign shall be 10 feet.
(c)
Temporary signs on the premises on which they are located, provided that such signs shall not exceed 10 square feet in area and shall be promptly removed by the agent or owner when the circumstances leading to their erection no longer apply.
(2)
Signs not pertaining to the premises on which they are located shall not be permitted in any C Commercial District.
C.
Signs in M Manufacturing Districts. The following signs shall be permitted in M Manufacturing Districts:
(1)
Signs permitted in C Commercial Districts.
(2)
No off-premises signs shall be allowed.
(3)
Sign size shall be limited to 36 square feet in total sign per face.
(4)
Temporary signs on the premises on which they are located, provided that such signs shall not exceed 100 square feet in area and shall be promptly removed by the agent or owner when the circumstances leading to their erection no longer apply.
D.
General regulations.
(1)
The number of signs permitted on any single parcel shall not exceed the number of lot lines of said parcel which abut a public right-of-way.
(2)
Signs shall be constructed of durable materials and shall be maintained in a good condition. Signs which are permitted to deteriorate shall be removed upon direction of the Town Board following notification to the owner.
(3)
No sign shall project more than four feet beyond property lines over public sidewalk areas.
(4)
No sign shall be erected which, in the opinion of the Planning Board, may cause hazardous or unsafe conditions. Such signs shall be removed upon direction of the Building Inspector following notification to the owner.
(5)
No building-mounted sign shall be located higher than the front facade to which it is attached.
(6)
No sign, other than an official traffic sign, shall be erected within the right-of-way of any public street.
(7)
No sign shall have a source of illumination directed toward a public street or adjacent property. LED signs shall be allowed only in C and M Districts but, where allowed, shall not include use of flashing, moving, or changing color text. Externally lighted signs are preferred.
(8)
No off-premises signs shall be allowed. No sign shall be permitted which faces the front or side lot line of any residential district within 100 feet of such lot line or which visibly faces any public parkway, public square or entrance to any public park, school, library, church, or similar institutions within 300 feet thereof, or within 1,000 feet of any federal, state, county, or Town existing or proposed limited access highway.
E.
Signs exempt from sign regulations:
(1)
Signs one square foot or less in area.
(2)
Flags and insignia of any government.
(3)
Flags depicting the open or closed status of a business.
(4)
Legal notices and identification, informational or directional signs erected or required by governmental bodies.
(5)
On-premises signs directing and guiding traffic and parking on private property.
(6)
Signs which mark property boundaries, trespassing signs, or warning or hazard signs (two square feet per side).
(7)
Temporary signs for a maximum 12 square feet per side and located on-premises, placed for no more than 30 days. Temporary signs erected by and for municipal uses may be allowed to be in place for more than 30 days.
§ 161-32 Large-scale planned development districts.
A.
The regulations for large-scale planned districts are intended to provide a means for the development of entirely new residential, commercial or industrial subdivisions, parks or estates in which certain economies of scale or creative architectural or planning concepts may be utilized by the developer without departing from the spirit and intent of this chapter. In no case shall the regulations of this section be so interpreted as to circumvent the benefits of this chapter to the residents or occupants of such development or the residents or occupants of adjoining properties. Large-scale planned districts as defined herein may be established only in accordance with the procedure specified in this section.
B.
Objectives. In order to carry out the intent of this section, a large-scale planned development district shall achieve the following objectives:
(1)
A creative use of land and related physical development which is consistent with the Town of Waterford Comprehensive Plan.
(2)
A development pattern that has design, aesthetic qualities, scale, and density that is consistent with the character of Waterford.
(3)
A development pattern that is in harmony with adjacent or nearby uses.
(4)
A density of development that does not adversely impact traffic conditions on local roads and highways.
(5)
The preservation of environmental features, especially those related to the rivers, canals, and waterfront areas.
(6)
A development that provides a maximum choice in the types of environment, occupancy tenure (for example, cooperatives, individual ownership, condominium, or leasing), types of housing, lot sizes, and community facilities available to existing and potential Town residents at all economic levels.
(7)
More suitable open space and recreation areas. Large-scale planned districts shall be considered as a single parcel for the purpose of applying the regulations for yard dimensions as specified in Article III. Individual buildings and structures within such district need not conform to the regulations of Article III, provided that any variation from such regulations shall not be contrary to the intent of this chapter and shall conform to the standards set forth in Subsection B hereof. The requirements for off-street parking, loading and unloading, screening and other transitional measures shall be as specified in this chapter. Such requirements are minimum specifications and may be more restrictive in accordance with the standards set forth in the following subsection.
C.
A large-scale planned development shall require the following minimum amount of net acres:
(1)
Commercial use: three net acres.
(2)
Industrial use: 10 net acres.
(3)
Residential use: 10 net acres.
(4)
"Net acres" is defined as the total parcel acreage minus all acreage located within the parcel involving Subsection C(4)(a) through (i) as follows:
(a)
Existing streets.
(b)
Easements.
(c)
Parks.
(d)
Other dedicated lands or water areas.
(e)
Lands undevelopable by reason of topography (slopes > 15%).
(f)
Drainage (including lands used for drainage ditches, swales, and other storage areas).
(g)
Floodplains (including the FIRM mapped floodway, 100-year and 500-year flood hazard areas).
(h)
Jurisdictional wetlands (federal NWI and state).
(i)
Areas with adverse subsoil conditions that would substantially affect the integrity of the proposed improvements or have adverse impacts on the land, including those soils that have high erosion potential and those defined as hydric.
D.
Application for establishment of a planned development district shall be made, in writing, to the Town Board. The application shall include seven copies of a sketch plan and narrative and a completed Full Environmental Assessment Form, Part I. The Town Board shall refer the application to the Town Planning Board within 30 days of the date of application if it determines that the application has merit for further review. The sketch plan shall be to scale and shall delineate the parcel(s) to be developed. In addition, the sketch plan shall include:
(1)
Topography.
(2)
Land use areas, approximate building locations, easements, natural features to be preserved, data concerning the number and type of residential units or commercial buildings proposed and the amount (in area) of any other uses to be built.
(3)
Proposed traffic circulation, including existing public roads to be used, on-site circulation and/or approximate parking and loading.
(4)
Schematic of proposed landscape and open space plan.
(5)
Sketches of typical structures proposed, including signage.
(6)
Concept plan or narrative describing the proposed public utilities, including water supply, wastewater disposal and storm drainage facilities, to be constructed.
(7)
The Planning Board may require that the applicant submit for review a traffic impact analysis to indicate the trip generations from the project and any potential impacts that may occur on the surrounding road network. A traffic impact analysis shall be required whenever 100 or more cars per day are proposed to be associated with the development proposal. The analysis should discuss any possible mitigation measures that may be required. Upon review of the impact analysis, the Planning Board may require that a traffic impact study be performed with the scope of the report to be determined by the Planning Board and its engineering consultant.
(8)
Project narrative. A narrative description of the proposed project is required, addressing its scope of operation, purpose, justification, and impact on the immediate area of influence and the Town in general (school, traffic generation, population, utilities aesthetics and land use compatibility) and including necessary information so that the Planning Board can adequately evaluate the considerations detailed in § 161-32D of this subpart.
(9)
The Planning Board shall review the sketch plan with the applicant and may require additional changes to the sketch plan as are deemed reasonably necessary to protect the established or permitted uses in the vicinity and to promote the orderly growth and sound development of the Town pursuant to this article. The Planning Board shall initiate a coordinated review as per SEQR, 6 NYCRR Part 617, and unless such coordinated review identifies another non-Town agency interested in being lead agency, shall take on the lead agency role for the purposes of SEQR. The Planning Board shall require the applicant to furnish basic site data pertaining to the boundaries of the proposed planned development, existing zoning, the topography and subsoil conditions and such preliminary plans as may be required for an understanding of the proposed development, with the petitions for the desired zoning changes.
E.
(Reserved)
F.
The Planning Board may require such changes in said preliminary plans as are found to be necessary to meet the requirements of this chapter. The Board may make such additional requirements as are deemed reasonably necessary to protect the established or permitted uses in the vicinity, protect the environment, and to promote and protect the orderly growth and sound development of the municipality. In reaching its decision on the proposed development and changes, if any, in the preliminary plans, the Planning Board shall consider, among other things, the following:
(1)
The need for the proposed land use in the proposed location.
(2)
The existing character of the neighborhood in which the use would be located.
(3)
The location of principal and accessory buildings on the site in relation to one another.
(4)
The pedestrian circulation and open space in relation to structures. Sidewalks, and/or trails shall be required to connect within the development. The Planning Board or Town Board may require trails or sidewalks to be constructed to adequately link the developed area with other areas adjacent to the parcel.
(5)
The traffic circulation features within the site and the amount, location and access to automobile parking areas.
(6)
The height and bulk of buildings and their relation to other structures in the vicinity.
(7)
The proposed locations, types and sizes of display signs, driveways, loading zones and landscaping.
(8)
The safeguards provided to minimize possible detrimental effects of the proposed use on the environment, community character, adjacent properties and the neighborhood in general.
(9)
The compatibility with the Town's Comprehensive Plan and LWRP, if applicable.
(10)
The capacity of public infrastructure, including but not limited to roads, water, and sewer, to ensure adequate facilities are or can be provided for the number of units or square footage proposed.
G.
In coordination with the Town Board and any other involved agencies identified through the SEQR process, the Planning Board shall make a SEQR determination prior to making a full recommendation to the Town Board. The Planning Board shall recommend, recommend with modifications or not recommend such application and shall report its findings to the Town Board within 60 days following the date of referral to the Planning Board. The report shall include findings related to the adequacy of the proposal and consistency with Town policy. The time frame may be extended by mutual agreement between the Planning Board and the applicant.
H.
The Town Board shall hold a public hearing on the proposal with public notice, as provided by law as in the case of an amendment to this chapter. All requirements for SEQR, 6 NYCRR Part 617, and General Municipal Law §§ 239-m and 239-n shall be met prior to final decision by the Town Board to approve the large-scale planned district.
I.
The Town Board may then amend this chapter in order to approve this rezoning so as to define the boundaries of the planned district. Such action shall have effect only of granting permission for development of the specific proposed use in accordance with the preliminary plans filed with the Town Board. The Town Board shall identify each allowed use within the development and determine whether it is a permitted or a special use permitted use, any density or other dimensions required, and any other conditions it feels necessary to ensure the objectives of the Town are met. Upon approval by the Town Board, the applicant shall submit plans as required for site plan or special use permit approval as may be required in accordance with Town Code requirements. Such approved planned districts shall be designated Residential Planned District (R-P), Commercial Planned District (C-P) or Manufacturing Planned District (M-P) according to the type of development. Such amendment of this chapter shall not constitute or imply a permit for construction or approval of construction plans.
J.
In the event that the Planning Board has not recommended such proposal, or recommended with modifications which the applicant is unwilling to make, an affirmative vote of not less than 2/3 of the members of the Town Board shall be required to establish such planned district.
K.
If construction work on the proposed development is not begun within time limits specified by the Town Board or if such work is not completed within the period of time specified by the Town Board, approval of the application shall become null and void, and all rights thereunder shall lapse, and the land shall be deemed subject to the same regulations and restrictions as were effective before such approval, unless the Town Board, for good cause, authorizes an extension of either period. Such extension may be authorized without a public hearing.
L.
All conditions imposed by the Town Board, including those the performance of which are conditions precedent to the issuance of any permit necessary for the development of any part of the entire site, shall run with the land and shall not lapse or be waived as a result of any subsequent change in the tenancy or ownership of any or all of said area. Such conditions shall be a part of any certificate of occupancy issued for any use or structure in such development.
M.
Use and area, height, and bulk regulations for large-scale planned districts.
(1)
R-P Residential Planned Districts: The following uses shall be permitted, and the following regulations shall apply to any R-P Planned Residential District:
(a)
One-family dwelling groups.
[1]
Maximum number of dwelling units: five per net residential acre, with 8,000 square foot minimum lot size.
[2]
Maximum height of structures: 2 1/2 stories.
[3]
Impervious surfaces: 30% maximum.
(b)
Two-family dwelling groups.
[1]
Maximum number of dwelling units: six per net residential acre, two-story with 12,000 square foot-minimum lot size.
[2]
Maximum height of structures: 3 1/2 stories or 50 feet.
[3]
Impervious surfaces: 30% maximum.
(c)
Two-story multifamily dwelling groups.
[1]
Maximum number of dwelling units: eight per net residential acre.
[2]
Maximum height of structures: 2 1/2 stories or 35 feet.
[3]
Impervious surfaces: 30% maximum.
(d)
Three-story multifamily dwelling groups.
[1]
Maximum number of dwelling units: 12 per net residential acre.
[2]
Maximum height of structures: 3 1/2 stories or 50 feet.
(e)
Community recreation centers.
[1]
Maximum height of structures: 3 1/2 stories or 50 feet.
(2)
C-P Planned Commercial Districts. The following uses shall be permitted, and the following regulations shall apply to any C-P Planned Commercial District:
(a)
Uses permitted in C-1 and C-2 Commercial Districts.
[1]
Maximum structural coverage: 50% of net area.
[2]
Maximum height of structures: 3 1/2 stories or 50 feet.
[3]
Minimum side yard requirements for structures or structure groups.
[a]
One: 10 feet.
[b]
Both: 25 feet.
[4]
Minimum rear yard requirements for structures or structure groups: 30 feet.
(3)
M-P Planned Manufacturing Districts. The following uses shall be permitted, and the following regulations shall apply to any M-P Planned Manufacturing District:
(a)
Laboratories; manufacturing, compounding, assembling or fabricating plants; warehouses or storage facilities; agricultural product packaging, processing or storage facilities; and business signs, none of which may become hazardous, noxious or offensive by reason of the emission of odor, dust, smoke, cinders, gas, fumes, noise, vibration, refuse matter or water-carried wastes or may cause a potentially hazardous, noxious or offensive condition.
[1]
Minimum individual building site: two acres.
[2]
Maximum structural coverage: 60% of net area.
[3]
Maximum height of structures: 50 feet.
[4]
Minimum side yard requirements for structures or structure groups.
[a]
One: 20 feet.
[b]
Both: 50 feet.
[5]
Minimum rear yard requirements for structures or structure groups: 50 feet.
§ 161-33 Farms; customary agricultural operations.
A customary agricultural use shall have a minimum lot size of two acres for farming without any animals, or five acres for farming with animals. No agricultural use shall create a public nuisance or hazard due to use of chemicals, storage or use of manure, production of noise beyond the ambient noise levels, or excessive odors. Custody of poultry or livestock for personal or farm use, except as household pets, shall have a minimum lot size of five acres and be approved by the Planning Board upon the filing of application for a special permit with said Board. The basis on which the Board shall grant such a permit shall be that such use shall not constitute a public or private nuisance.
A.
Whenever a customary agricultural use includes animals, a 100-foot buffer shall be placed between the animals and any property line and from any stream bank.
B.
All animals shall be enclosed with fencing.
C.
On-site farm stands or other direct sales of agricultural products shall require a special use permit from the Planning Board. Farm stands shall be set back at least 20 feet from any public right of way. Any signs shall conform to the provisions set forth in § 161-31. Adequate off-street parking shall be provided for pursuant to § 161-30.
§ 161-34 District reclassifications.
A.
It is one of the intentions of this chapter and the Zoning Map[1] to safeguard the citizens of Waterford from undue health and sanitation hazards. For this reason, the boundaries between the R-75 and R-100 Residence Districts were determined primarily by the location of sewer lines on the date of establishment of this chapter. The smaller minimum frontage dimension (R-75) in most, but not necessarily all, cases represents those areas where sewer lines were previously installed.
[1]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
B.
Where it can be shown that adequate facilities exist, or will exist prior to the subdivision of land, for the adequate collection, treatment and disposal of sewage in areas presently zoned R-100, petitions will be favorably received by the Town Board for the reclassification of such sewer-serviced areas to R-75 Residence Districts, except where there is intended frontage upon state and county highways. Lands contiguous with state and county highways and serviced by adequate sewers may be reclassified R-75 by the Town Board where access is to a street other than said state or county highways. In such cases, lot depths on the side facing the county or state highways shall be at least 40 feet.
C.
Reclassification of areas from an R-100 to an R-75 District shall follow the standard amendment procedure of Article VIII of this chapter.
§ 161-34.1 Commercial design standards.
A.
Applicability. These standards shall be applied to all permitted or specially permitted commercial uses as permitted, including those requiring site plan review as per Table 1, in all commercial districts except for home occupations and farms. These standards are in addition to all others required by this Chapter 161.
B.
Standards.
(1)
Sidewalks. Sidewalks shall be provided to connect buildings to one another, to parking areas, and to public streets and other sidewalks. Pedestrian exits from all parking lots shall also be linked to the sidewalk.
(a)
Sidewalks shall be separated from vehicular traffic lanes by individual planters, planted strips, or curbs.
(b)
Pervious surfaces for sidewalks are preferred.
(2)
Street trees, screening and landscaping.
(a)
Landscaping shall be provided for in accordance with a landscaping plan approved by the Planning Board. Plant species selected should be hardy for the climate in Waterford and preferably native species. Street trees shall be planted within planters or strips using a single or alternating species aligned every 30 feet on center. Any dead or dying tree shall be replaced by the applicant within two years from the time of planting.
(b)
Detention basins, headwalls, outlet structures, flow channels and other drainage improvements shall be screened with plant materials and/or berms. In cases where these features are not architecturally compatible, fencing can be used to screen the feature from the street or adjacent properties, provided they are fully screened with vegetation or a decorative fence style that is compatible with the character of the neighborhood.
(c)
Maximum effort should be made to save existing, mature vegetation that is on-site.
(3)
Lighting.
(a)
Lighting poles shall be post-style, with a maximum height of 18 feet.
(b)
In general, lighting poles shall be spaced at no greater than 80 feet on center.
(c)
All luminaires shall be full cutoff fixtures and shielded to direct light downwards.
(d)
Traditional fixtures instead of shoebox-style fixtures are preferred. Lighting fixtures attached to the exterior of a building shall be architecturally compatible with the style, materials, colors, and details of the building.
(e)
Non-color-corrected low-pressure sodium and mercury vapor light sources are prohibited.
(f)
The Planning Board may require a lighting plan to illustrate light levels at property lines as part of the site plan or special use review process.
(4)
Building and lot layout.
(a)
One principal building is allowed along the road frontage.
(b)
One accessory building per lot is allowed, it shall be placed to the rear or side of the principal building and set back at least at the required building setback.
(c)
Front setbacks may be allowed by the Planning Board to match that of existing, adjacent principal building setbacks if such change increases consistency with neighborhood character. All other setbacks shall conform to the dimension requirements of Table 2.
(d)
All dumpster or trash receptacles shall be placed to the rear of a principal structure, or, if lot configuration is such that rear access is not feasible, in the side yard, provided it is set back the farthest possible distance from the frontage.
(e)
All facades shall be parallel to the street line.
(f)
Two-way vehicular entrances to parking lots, garages, and parking structures shall be no wider than 24 feet at the frontage. One-way entrances shall be no wider than 12 feet at the frontage.
(g)
Major modifications to the existing landscape, such as extensive grading, clear-cutting of mature trees or other similar activities, should be avoided to the extent possible.
(h)
Low-impact development (LID) for stormwater management shall be incorporated and shall use the New York State Stormwater Management Design Manual, and, in particular, Chapter 5 (Green Infrastructure Practices), Section 5.1 (Planning for Green Infrastructure: Preservation of Natural Features and Conservation Design).
(5)
Building design. Buildings shall generally relate in scale and design features to the local context of the surrounding buildings, and larger district area.
(a)
There shall be no blank and windowless walls along any street frontage. The architectural treatment of the front facade shall be continued, in its major features, around all visibly exposed sides of a building. On side elevations, blank wall or service areas that are visible from the public viewshed are not allowed.
(b)
No single building shall have a building footprint exceeding 20,000 square feet. All buildings having facades longer than 80 feet shall be articulated to appear as multiple buildings or with offsets, each part of which does not exceed a maximum building footprint of 80 feet. Building wall offsets, including projections, recesses, and changes in floor level shall be used in order to add architectural interest and variety, and to relieve the visual effect of a long wall. Roofline offsets shall be provided in order to add architectural interest and variety the massing of a building and to relieve the effect of a single, long roof.
(c)
Buildings shall be located to front towards and relate to public streets, both functionally and visually, to the greatest extent feasible. Where the street frontage is not the functional front of the structure, windows and building accessories on the structure shall be required to make it appear visually as the front.
(d)
Where a mix of residential and commercial uses is allowed in one structure, residential uses shall be placed to the rear or upstairs of the commercial use. All ground-floor spaces facing the frontage shall be the commercial use.
(e)
Gable roofs with a minimum pitch of 9/12 and hipped roofs of 6/12 shall be used to the greatest extent possible. Dead-flat roofs are generally inconsistent with the existing character of the Town and should be avoided. Where the size or type of the building requires a flat roof, other architectural features shall be used to screen or disguise the flatness of the roof.
(f)
All HVAC, stacks, pipes, and other utility structures shall be thoroughly screened from view from the street and from adjacent properties.
(g)
Where drive-through facilities are allowed, they shall be located at the side or rear of buildings and landscaping should be used to reduce the visibility of such facilities.
(h)
LEED (leadership in energy and environmental design) standards, or an equivalent standard (or such others as may succeed them), are encouraged to be incorporated into the building design.
(i)
Solar panels are permitted uses when placed on roofs in any Commercial District.
(j)
There shall be no nuisance noise generated that extends beyond the ambient noise levels found predevelopment at the property lines. All requirements of Chapter 106 of the Town of Waterford Code, Noise, shall also be met.
§ 161-34.2 Senior housing.
A.
Certain related ancillary facilities may be permitted, either in a separate building or in combination with structures containing senior dwelling units. Such ancillary facilities shall be subordinate to the residential character of the development. The following facilities may be included as an integral part of a senior housing development:
(1)
Cafeteria/commercial kitchen.
(2)
Self-service laundry.
(3)
Lounge.
(4)
Game room.
(5)
Recreation room.
(6)
Exercise or multipurpose room.
(7)
Workshop.
(8)
Library.
(9)
Sauna/spa.
(10)
Medical clinic.
(11)
Social services office.
(12)
Twenty-four-hour security.
(13)
Guest accommodations.
B.
Senior housing units may include single-, two-family, townhouses, multifamily or congregate housing, or any combination of these.
C.
The design of the senior housing shall, to the maximum extent practical, emulate the rooflines, windows and doors, facades, and other features similar to single-family dwellings and with the design of the surrounding neighborhood.
D.
Design shall emphasize pedestrian circulation and shall provide a safe system of drives and parking conveniently accessible to all occupants. Sidewalks shall be provided to link parking lots, buildings, and existing sidewalks. All ADA requirements for parking and sidewalk construction shall be met.
§ 161-34.3 Bed-and-breakfast inn.
A bed-and-breakfast facility may be within an owner-occupied single-family dwelling subject to applicable special permit and site plan approvals and compliance with the following standards:
A.
Each bed-and-breakfast establishment shall be designed, maintained and operated so as to preserve and complement the residential appearance of the site and the existing character of the surrounding area.
B.
A resident host of the property shall live on the site throughout the visitors' stay and supervise guests so as not to disrupt the neighborhood.
C.
The guest rooms shall be limited to the principal dwelling.
D.
No guest shall stay for a period of time in excess of 30 days.
E.
The owner shall collect and preserve registration records for a minimum of three years.
F.
A public dining room, restaurant, bar, or other commercial use is prohibited in a bed-and-breakfast, except for the serving of breakfast to guests.
G.
Off-street parking shall be available and located to the side or rear of principal structure outside of any required yard setback and shall be consistent with the residential character of the site. Parking shall be consistent with § 161-30.
H.
One identification sign is permitted, not to exceed four square feet in area and five feet in height and shall be otherwise in compliance with § 161-31.
I.
The owner shall give reasonable access for inspections to be conducted to ensure compliance with the provisions of this chapter and the New York State Building Code.
J.
No sleeping rooms for guest use shall be located above the second story. A firesafety notice shall be affixed to the occupied side of the entrance door of each bedroom for guest use, indicating means of egress and evacuation procedures to be followed in the event of a fire or smoke condition or upon activation of a fire or smoke-detecting alarm device. All means of egress shall meet requirements of the Building Code. Smoke-detecting alarms, installed in conformity with Building Code, shall be provided outside each separate sleeping area, in each sleeping space and on each floor level.
§ 161-34.4 Solar facilities.
A.
Permitting and review process.
(1)
Required approvals. Solar panels that are rooftop- or ground-mounted, for use by an individual residential dwelling or commercial building, and with a rated capacity of 25 kW or less, that generate electricity primarily for on-site consumption shall be permitted within the Town of Waterford subject to the issuance of a unified solar permit granted by the Town's Building Inspector. Such systems shall be subject to any additional requirements in this chapter for such systems.
(2)
Solar farms, as defined in this chapter and with a rated capacity of 5 MW or less, that generate electricity primarily for off-site consumption shall be permitted in the R-Rural District only upon approval of a special use permit by the Planning Board.
(3)
Any review by the Town of Waterford Planning Board shall include review pursuant to the State Environmental Quality Review Act, ECL Article 8,[1] and its implementing regulations at 6 NYCRR Part 617 (SEQR).
[1]
Editor's Note: See Environmental Conservation Law § 8-0101 et seq.
B.
General standards for solar energy systems. The following standards shall apply to all solar panels permitted in the Town of Waterford.
(1)
All solar panels shall be designed, erected, and installed in accordance with all applicable codes, regulations and industry standards as referenced in the New York State Uniform Fire Prevention and Building Code (the "State Code"), the New York State Energy Conservation Code ("Energy Code"), as well as those that may be required by Public Service Commission regulations.
(2)
All solar panels shall be placed and arranged such that reflected solar radiation or glare shall not be directed onto adjacent properties or public roadways. To the extent practicable, solar panels shall have a nonreflective finish and neutral paint colors, materials, and textures to achieve visual harmony with the surrounding area.
(3)
Any on-site power lines connecting with solar panels shall, to the maximum extent practicable, be underground installations.
(4)
The location, size and intensity of the proposed solar facility shall be in harmony with the orderly development of the district. The character and appearance of the proposed project shall be in general harmony with the character and appearance of the surrounding neighborhood.
(5)
Nothing in this section shall be deemed to allow any applicant the right to remove any trees, vegetation, or other obstruction located on any real property over which said applicant does not have fee title.
C.
Rooftop solar panels.
(1)
Rooftop installations shall incorporate, when practicable, the following design requirements:
(a)
Solar panels on pitched roofs shall be mounted with a maximum distance of eight inches between the roof surface and the highest edge of the system.
(b)
Solar panels on pitched roofs shall be installed parallel to the roof surface on which they are mounted or attached.
(c)
Solar panels on pitched roofs shall not extend higher than the highest point of the roof surface on which they are mounted or attached.
(d)
Solar panels on flat roofs shall not extend above the top of the surrounding parapet, or more than 24 inches above the flat surface of the roof, whichever is higher.
(2)
Rooftop solar panels shall be designed according to New York State Building Code to withstand heavy snow loads. Appropriate access points required to maintain the solar panels and solar equipment in proper working order shall be incorporated in all plans for installations of rooftop solar panels.
(3)
Rooftop systems shall be designed at the scale required to generate power for the reasonably projected on-site consumption by owners, lessees, tenants, residents, or other occupants of the parcel on which they are erected.
D.
Ground-mounted panels.
(1)
A parcel must have a minimum area of one acre in order for a ground-system to be permitted.
(2)
The location of the ground-mounted system shall be at least 20 feet from any property line.
(3)
No ground-mounted system shall be permitted between the principal building on the parcel and the fronting street or roadway.
(4)
The maximum height of the top edge of any solar panel shall be 15 feet above ground level when the panel is oriented at a maximum vertical tilt.
(5)
Ground-mounted systems shall be screened from adjoining residential parcels and public rights-of-way through the use of architectural features, earth berms, landscaping consisting of a naturally appearing blend of deciduous and coniferous species, fencing or other features which will harmonize with the character of the property and surrounding area.
(6)
Ground-mounted systems shall be located in a manner to reasonably minimize view blockage for surrounding properties and shading of property to the north, while still providing adequate solar access.
(7)
Ground-mounted systems and their associated support elements shall, at the time of installation, be designed according to New York State Building Code to withstand snow loads and wind pressures applied to exposed areas by snow or wind from any direction, to minimize the migration of light or sound from the installation and to minimize the development of sight obstructions for adjacent structures or land parcels.
E.
Solar farms.
(1)
General requirements.
(a)
The parcel on which the solar farm is sited shall be a minimum of three acres.
(b)
Solar farms shall be set back at least 300 feet from all property lines. No component of any solar farm may be located within 150 feet of any roadway, other than a private service road used solely for access to the site of such energy system.
(c)
No more than 50% of the parcel shall be occupied by the entirety of the solar farm.
(2)
Siting considerations.
(a)
It is a goal of the Town of Waterford to protect and preserve natural features. Certain locations shall be considered more favorable than other locations in siting solar farms. Solar farms shall be located in such a manner as to avoid, to the maximum extent feasible, sensitive environmental locations, such as wetlands, wetland buffers, streams and canals, and steep slopes > 15%.
(b)
Development and operation of the system shall not have a significant adverse impact on fish, wildlife or plant species or their critical habitats or other significant habitats identified by the Town of Waterford or other federal or state regulatory agencies.
(3)
Review by the Planning Board shall include, but not be limited to:
(a)
Consideration of the requirements of this section;
(b)
Protection of the scenic values, neighborhood character, visual qualities of Waterford's landscape and historic character;
(c)
The applicant shall also coordinate with local emergency responders during Planning Board review to clarify on-site safety procedures and shall receive written correspondence from the responding fire department and emergency care provider as to the acceptability of the proposed ingress to and egress from the site.
(4)
Application. In addition to requirements of Article XIII of this chapter, all applications to the Planning Board for a special use permit shall also include:
(a)
Plans and drawings of the solar farm installation signed by a professional engineer registered in New York State showing the proposed layout of the entire solar farm along with a description of all components, whether on-site or off-site, existing vegetation, and proposed clearing and grading of all sites involved. Property lines and physical features, such as roads, shall be included on all plans and drawings.
(b)
An electrical diagram detailing the solar farm installation, associated components and electrical interconnection methods, with all National Electrical Code compliant disconnects and over-current devices identified.
(c)
All existing and proposed access to the site, including road, electric power, emergency access, land-based telephone line connection, and other utilities existing and proposed within the property boundaries of the proposed location. Existing roadways shall be used for access to the site whenever possible and determined acceptable by the Planning Board.
(d)
A preliminary equipment specification sheet that documents all proposed solar panels, significant components, mounting systems, and inverters that are to be installed. A final equipment specification sheet shall be submitted prior to the issuance of building permit.
(e)
A landscape plan showing all existing natural land features, trees, forest cover, and all proposed changes to these features, including size and type of plant materials. The plan shall show any trees and/or vegetation which is proposed to be removed for purposes of providing greater solar access.
(f)
A property operation and maintenance plan that describes the continuing photovoltaic maintenance and property upkeep, such as mowing and trimming.
(g)
A stormwater pollution prevention plan per New York State Department of Environmental Conservation and Town of Waterford requirements to detail stormwater runoff management and erosion control plans for the site.
(h)
The Planning Board may require photo simulations showing the proposed solar farm in relation to the building/site along the elevation views and dimensions and manufacturer's specs and photos of the proposed solar farm, solar collectors, and all other components. Additional simulations may be required that include neighboring properties.
(i)
Details of the proposed noise that may be generated by inverter fans. The Planning Board may require a noise analysis to determine potential adverse noise impacts.
(j)
Part I of the full environmental assessment form (FEAF).
(k)
Proof of insurance. The applicant and the owners of the property where the solar farm is to be located shall file with the Building Department proof of insurance in a sufficient dollar amount to cover potential personal and property damage associated with construction and operation thereof as determined by the Planning Board.
(l)
Plan for post-construction maintenance of grounds and structures and roadways. Such plan shall describe continuing photovoltaic maintenance and property upkeep, such as mowing and trimming. Chemical control of vegetation shall be minimized.
(m)
Name, address, and contact information of proposed or potential system installer and the owner and/or operator of the solar farm. Such information of the final system installer shall be submitted prior to the issuance of a building permit.
(n)
Name, address, phone number, and signature of the project applicant, as well as all the property owners, demonstrating their consent to the application and the use of the property for the solar farm.
(o)
If the property of the proposed project is to be leased, legal consent between all parties, specifying use(s) of the land for the duration of the project, including easement, decommissioning, and other arrangements shall be submitted.
(p)
A decommissioning plan. In addition, the Planning Board may require the posting of a removal bond to be held in escrow to provide for the decommissioning of the solar farm.
(5)
Specific design standards.
(a)
Visual.
[1]
Accessory buildings and structures associated with solar farms shall, to the maximum extent practicable, use materials, colors and textures that will blend the facility into the existing environment.
[2]
Any associated structure, such as but not limited to storage batteries and fences, shall be screened, placed underground, depressed, surrounded by an earthen berm, or sited below a higher topographic grade or the ridgeline, particularly in areas of high visibility and along road frontages.
[3]
Any solar farm located within one mile of an existing solar farm shall be reviewed with the additional consideration of the cumulative impacts.
(b)
Fencing.
[1]
Solar farms shall be enclosed by perimeter fencing, with locking access gate, to prevent unauthorized access and vandalism to the solar farm. The Planning Board may require fencing to accommodate passage of small mammals.
[2]
The fence shall be a minimum of seven feet in height. The height of the fence may be adjusted by the Planning Board considering visual impact upon neighboring properties.
[3]
The type, material and color of perimeter fencing shall be subject to approval by the Planning Board.
[4]
The perimeter fencing shall also be set back a minimum of 100 feet from the front property line and 250 feet from any other property line.
[5]
There shall be created and maintained between the fence and the components, structures, or fixtures of the solar farm, a clear and unobstructed buffer area at least 25 feet in width encircling the entire perimeter of the facility, with a surface and grade suitable for the safe passage of fire trucks and other emergency vehicles.
[6]
The fence shall be further screened by landscaping needed to avoid adverse aesthetic impacts.
(c)
Glare. All solar farms and related equipment shall be surfaced, designed, and sited so as not to reflect glare onto adjacent properties and roadways.
(d)
Lighting.
[1]
A lighting plan shall be required for all solar farms.
[2]
The lighting shall be designed to ensure that the solar farms is dark-skies compliant.
[3]
Artificial lighting of solar farms shall be limited to lighting required for safety and operational purposes and shall be shielded from all neighboring properties and public roads.
(e)
Warning signage.
[1]
Manufacturer and/or installer's identification and appropriate warning signage and twenty-four-hour emergency contact information shall be posted at the site and clearly visible.
[2]
Solar energy equipment shall be marked with weather-resistant marking to provide emergency responders with appropriate warning and guidance with respect to isolating the solar electric system.
[3]
The marking shall be placed adjacent to the main service disconnect in a location clearly visible from the location where the disconnect lever is operated.
[4]
As required by National Electric Code (NEC), disconnect and other emergency shutoff information shall be clearly displayed on a light reflective surface.
[5]
A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations.
(f)
Utility connections. Utility lines and connections from a solar farm shall be installed underground, unless otherwise determined by the Planning Board for reasons that may include poor soil conditions, topography of the site, and requirements of the utility provider. Electrical transformers for utility interconnections may be above ground if required by the utility provider.
(6)
Maintenance requirements.
(a)
Following construction of a solar farm, all disturbed areas where soil has been exposed shall be reseeded with native grass and/or planted with low-level native vegetation capable of preventing soil erosion and airborne dust.
(b)
Native grasses and native vegetation, preferably pollinator friendly, shall be maintained below and around the arrays.
(c)
The ground within the fenced perimeter of a solar farm installation shall not be tamped, compressed, or otherwise specially conditioned with herbicides, pesticides or similar other treatments to inhibit the growth of natural vegetation.
(7)
Annual reports. The applicant shall provide the Town Building Inspector on a yearly basis a report showing the rated capacity of the solar farm and the amount of electricity that was generated by the system and transmitted to the grid over the most recent twelve-month period. The report shall also identify any change in ownership of the solar farm and/or the land upon which the solar farm is located and shall identify any change in the party responsible for decommissioning and removal of the solar farm upon its abandonment. The annual report shall be submitted no later than 45 days after the end of the calendar year.
(a)
Every third year, the annual report shall also include a recalculation of the estimated full cost of decommissioning and removal of the solar farm. The Town may require an adjustment in the amount of the bond to reflect any changes in the estimated cost of decommissioning and removal. Failure to submit a report as required may be cause to require decommissioning of the system.
(8)
Change in ownership. If the owner or operator of the solar farm changes or the owner of the property changes, the special use permit shall remain in effect, provided that the successor owner or operator assumes, in writing, all of the obligations of the original approval and decommissioning plan. A new owner or operator of the solar farm shall notify the Town of Waterford Building Inspector of such change in ownership or operator within 30 days of the ownership change.
F.
Abandonment and decommissioning.
(1)
Required. If a solar farm ceases to perform its originally intended function for more than 12 consecutive months, the solar farm shall be deemed abandoned and the property owner shall notify the Town of Waterford Building Inspector of the system's abandonment.
(2)
Responsible parties.
(a)
Any solar farm which has been abandoned shall be decommissioned and removed in accordance with the decommissioning plan approved by the Planning Board. The owner of the facility and owner of the land upon which the system is located shall be jointly and severally responsible to physically remove all components of the system within six months of abandonment at the owner's expense. This obligation shall be binding upon the applicant's, owner's, landowner's and/or operator's successors and/or assigns for any solar farm. Upon such failure to either maintain operation or decommission the system as provided for herein, the approvals issued in relation to such system or facility shall terminate.
(3)
Objectives of decommissioning. The following requirements shall be met for decommissioning:
(a)
Physical removal of all aboveground and below-ground equipment, structures and foundations, including but not limited to all solar arrays, buildings, security barriers, fences, electric transmission lines and components, roadways and other physical improvements to the site.
(b)
Any access roads created for building or maintaining the system shall also be removed and replanted with vegetation. The site terrain shall be restored and regraded, if necessary, to a condition generally comparable to its original condition and replanted with native vegetation.
(c)
The site shall be restored to as natural a condition as possible within six months of the removal of all equipment, structures and foundations. Such restoration shall include, where appropriate, restoration of the surface grade and soil after removal of all equipment and revegetation of restored soil areas with native seed mixes.
(d)
Disposal of all solid and hazardous waste shall be in accordance with local, state, and federal waste disposal regulations. Proof of proper disposal and/or the manifest shall be submitted to the Planning Board.
(e)
All safety hazards created by the installation and operation of the solar farm shall be eliminated.
(f)
Removal of all components of a solar farm must be completed in accordance with the approved decommissioning plan.
G.
Submission of decommissioning plan. The decommissioning plan shall address those items listed in this section and shall include:
(1)
An estimate of the anticipated operational life of the system.
(2)
Identification of the party responsible for decommissioning.
(3)
Description of any agreement with the landowner regarding decommissioning.
(4)
Schedule showing the time frame over which decommissioning will occur and for completion of site restoration work.
(5)
A cost estimate prepared by a qualified professional engineer, estimating the full cost of decommissioning and removal of the solar PV system. Cost estimates shall take into account inflation.
(6)
A financial plan to ensure that financial resources will be available to fully decommission the site.
(7)
The Planning Board may, as a condition of approval, require the posting of a removal bond in an amount adequate to provide for the removal of the solar farm's structures and equipment and for restoration of the site.
H.
Removal bond.
(1)
If a removal bond is required, the Planning Board shall require a bond placed in an escrow account to ensure the removal of any solar farm. The amount of the bond shall be 125% of the cost estimate prepared by a qualified professional engineer, estimating the full cost of decommissioning and removal of the solar farm.
(2)
In the event that the solar farm is not removed within six months of becoming inactive or the site is not remediated and restored to a condition approved by the Planning Board, the Town of Waterford, by resolution of the Town Board after 30 days' written notice and opportunity of the landowner and system operator to be heard, may cause the same to be removed and the site remediated using the financial security.
(3)
In the event that the system is not removed within six months of abandonment and the site restored as required, the Town of Waterford, after notice and hearing, may cause the same to be removed and the site restored using the funds in such escrow account. All costs and expenses incurred by the Town in connection with any proceeding or work performed by the Town or its representatives to decommission and remove a solar farm, including legal costs and expenses, shall be reimbursed from the financial surety posted by the system owner or landowner as provided in this section. Any costs incurred by the Town for decommissioning and removal that are not paid for or covered by the required surety, including legal costs, shall be assessed against the property, shall become a lien and tax upon said property, shall be added to and become part of the taxes to be levied and assessed thereon, and shall be enforced and collected with interest by the same officer and in the same manner, by the same proceedings, at the same time and under the same penalties as are provided by law for the collection and enforcement of real property taxes in the Town.
§ 161-34.5 Telecommunications facilities.
A.
Purposes. The purpose of this section is to promote the health, safety and general welfare of the residents of the Town through the establishment of standards to properly site wireless service facilities commercial transmission towers and antennas through careful design, siting and screening; to protect property values; to protect the physical appearance of the community and to preserve its scenic and natural beauty; to avoid potential damage to adjacent properties from tower failure through proper engineering and careful siting of wireless services and commercial mobile radio service facilities technology; to protect a citizen's ability to receive communication signals without interference from other communication providers while preserving competition among communications providers; and to maximize the use of existing towers or antenna host sites within prescribed districts so as to minimize the number and visual impact of towers needed to serve the Town.
B.
Definitions. As used in this section, the following terms shall have the meanings indicated:
ANTENNA
A system of electrical conductors that transmit or receive electromagnetic waves or radio frequency or other wireless signals. Such shall include, but not be limited to, radio, television, cellular, paging, personal telecommunications services (PTS), microwave telecommunications and services not licensed by the FCC, but not expressly exempt from the Town's sitting, building, and permitting authority.
ANTENNA ARRAY
One or more antennas used to provide wireless service.
CO-LOCATION
The use of a Tower or other structure to support antennas for the provision of wireless services without increasing the height or size of the Tower or other structure. For purposes of clarification, any application proposing to increase the height of the structure to be attached to shall be deemed a new tower and not a co-located facility.
FAA
The Federal Aviation Administration, or its duly designated and authorized successor agency.
FCC
The Federal Communications Commission, or its duly designated and authorized successor agency.
HEIGHT
When referring to a Tower or other structure, the distance measured from the preexisting grade level to the highest point on the Tower or structure, even if said highest point is an antenna, lightning protection device or any other apparatus attached to the Tower or other structure.
NIER
Nonionizing electromagnetic radiation.
PERSONAL WIRELESS FACILITY
See definition for "wireless telecommunications facilities."
PERSONAL WIRELESS SERVICES or PWS or PERSONAL TELECOMMUNICATIONS SERVICE or PCS
Shall have the same meaning as defined and used in the 1996 Telecommunications Act, including but not limited to commercial mobile services, unlicensed wireless services and common carrier wireless exchange access service.
SMALL WIRELESS FACILITIES or SMALL CELL
Are defined as those meeting the following conditions:
(1)
The facilities:
(a)
Are mounted on structures 50 feet or less in height including their antennas; or
(b)
Are mounted on structures no more than 10% taller than adjacent structures; or
(c)
Do not extend existing structures on which they are located to a height of more than 50 feet or by more than 10%, whichever is greater;
(2)
Each antenna associated with the deployment, excluding associated antenna equipment, is no more than three cubic feet in volume; and
(3)
All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any preexisting associated equipment on the structure, is no more than 28 cubic feet in volume.
STEALTH or STEALTH TECHNOLOGY
Minimizing adverse aesthetic and visual impacts on the land, property, buildings, and other facilities adjacent to, surrounding, and in generally the same area as the requested location of such wireless telecommunications facilities, by using the least visually and physically intrusive facility that is not technologically or commercially impracticable under the facts and circumstances.
TELECOMMUNICATIONS
The transmission and/or reception of audio, video, data, and other information by wire, radio frequency, light, and other electronic or electromagnetic systems.
TELECOMMUNICATIONS STRUCTURE
A structure used in the provision of services described in the definition of "wireless telecommunications facilities."
WIRELESS TELECOMMUNICATIONS FACILITIES
Includes a telecommunications tower, and tower, and telecommunications site, and personal wireless facility; means a structure, facility or location designated, or intended to be used as, or used to support, antennas or other transmitting or receiving devices. This includes, without limit, towers of all types and kinds and structures that employ camouflage technology, including but not limited to structures such as a multistory building, church steeple, silo, water tower, sign or other structures that can be used to mitigate the visual impact of an antenna or the functional equivalent of such, including all related facilities, such as cabling, guy wires and associated anchors, equipment shelters, and other structures associated with the site. It is a structure and facility intended for transmitting and/or receiving radio, television, cellular, paging, 911, personal telecommunications services, commercial satellite services, microwave services and services not licensed by the FCC, but not expressly exempt from the Town's siting, building and permitting authority, excluding those used exclusively for the Town's fire, police, or exclusively for private, noncommercial radio and television reception and private citizen's bands, amateur radio and other similar noncommercial telecommunications where the height of the facility is below the height limit of 45 feet.
C.
Applicability. Wireless telecommunication facilities shall be allowed only upon approval of a special use permit by the Planning Board in all districts in the Town of Waterford. All new wireless telecommunication facilities in the Town of Waterford, except for small wireless facilities (SWF), shall be subject to these and all other applicable regulations and shall follow all requirements and procedures for a special use permit pursuant to Article XIII, Special User Permits, of this chapter. Small wireless facilities shall be regulated pursuant to the Town of Waterford Wireless Communications Facilities Master License Agreement and the Town of Waterford small wireless facilities aesthetic design standards.
(1)
No telecommunications tower as defined in this section shall hereafter be used, erected, moved, reconstructed, changed, or altered unless in conformity with these standards and procedures. No existing structure shall be modified to serve as a telecommunications tower unless in conformity with these standards and procedures.
(2)
The standards and procedures shall apply to all property within the Town of Waterford.
D.
Application requirements. Any application for a wireless telecommunications facility shall include the following information in addition to such application requirements pursuant to Article XI:
(1)
Documentation that demonstrates the need for the wireless telecommunications facility to provide service primarily and essentially within the Town. Such documentation shall include, but not be limited to, propagation studies of the proposed site and all adjoining planned, proposed, in-service or existing sites as requested by the Planning Board or its designee and shall show the service area and signal strength relationship between the proposed site and the adjoining planned, proposed, in-service or existing sites;
(2)
The name, address and phone number of the person preparing the application;
(3)
The name, address, and phone number of the property owner, operator, and applicant, and to the legal status of the applicant;
(4)
The postal address, 911 lot number and tax map parcel number of the property;
(5)
The zoning district in which the property is situated;
(6)
The size of the property, stated both in square feet and lot line dimensions, and a diagram showing the location of all lot lines. A survey is required by a licensed New York State land surveyor, or qualified licensed New York State engineer;
(7)
A copy of the property deed and any easements or restrictions.
(8)
The location of the nearest residential structure and all property owners within 500 feet from the proposed site.
(9)
The location, size, and height of all structures on the property which is the subject of the application;
(10)
The location, size and height of all proposed and existing antennas and all appurtenant structures;
(11)
The types, locations and dimensions of all proposed and existing landscaping, vegetation and fencing;
(12)
The number, type and design of the tower and antenna(s) proposed and the basis for the calculations of the Tower's capacity to accommodate multiple users;
(13)
The make, model and manufacturer of the tower and antenna(s);
(14)
A description of the proposed tower and antenna(s) and all related fixtures, structures, appurtenances and apparatus, including height above preexisting grade, materials, colors, and lighting;
(15)
The frequency, modulation, and class of service of radio or other transmitting equipment;
(16)
The actual intended transmission and the maximum effective radiated power of the antenna(s);
(17)
Direction of maximum lobes and associated radiation of the antenna(s);
(18)
Certification that the NIER levels at the proposed site are within the threshold levels adopted by the FCC and the provision of the calculations used to determine the cumulative NIER levels.
(19)
Certification that the proposed antenna(s) will not cause interference with other telecommunications devices;
(20)
Copy of the FCC license applicable for the intended use of the wireless telecommunications facilities;
(21)
Certification that a topographic and geomorphologic study and analysis has been conducted and that, considering the substrata and the proposed drainage plan, the site is adequate to assure the stability of the proposed wireless telecommunications facilities, as designed, on the proposed site.
(22)
Payment of an application fee as set forth by the Town Board.
E.
Development standards.
(1)
All proposed telecommunication towers and accessory structures shall be set back from abutting parcels, established hiking trails, recorded rights of way, and street lines a distance sufficient to substantially contain on-site all icefall or debris from tower failure and preserve the privacy of any adjoining residential properties.
(2)
Lot size of parcels containing a tower shall be determined by the amount of land required to meet the setback requirements.
(3)
Telecommunications towers shall comply with all existing setback requirements of site plan review (if applicable) or shall be located with a minimum setback from any property line equal to 1 1/2 of the height of the tower, whichever is greater.
(4)
The maximum height of any new tower shall not exceed that which shall permit operation without artificial lighting of any kind or nature, in accordance with municipal, state, and or federal law and or regulation. The Planning Board at its discretion may modify this requirement if the applicant can justify the need to exceed this height limitation. Artificial lighting may be required by the Federal Aviation Administration depending on the tower's height and location.
(5)
No sign larger than four square feet shall be permitted and such sign shall provide notification to persons in the immediate area of the presence of an antenna that has radio frequency (RF) or microwave transmission capabilities and shall contain the name(s) of the owner(s) and operator(s) of the antenna(s) as well as emergency phone number(s). The sign shall be on the equipment shelter or cabinet of the applicant and be visible from the access point of the site and must identify the equipment owner of the shelter or cabinet. The sign shall not be lighted, unless lighting is required by applicable law, rule, or regulation. No other signage, including advertising, shall be permitted.
(6)
Wireless telecommunications facilities shall contain a demonstration that the facility will be sited so as to be the least visually intrusive reasonably possible and thereby have a minimal adverse visual effect on the environment and the nature and character of the community, existing vegetation, and on the residents in the area of the wireless telecommunications facility. The Planning Board may require the applicant to undertake a visual impact assessment which may include:
(a)
At times set by the Planning Board, and to be announced in the local paper, a three-foot or larger diameter brightly colored balloon floated at the maximum height and location of proposed tower, at least twice, once during the week and once during the weekend.
(b)
Pictorial representations of "before and after" views from key viewpoints both inside and outside of the Town as may be appropriate, including but not limited to state highways and other major roads; state and local parks; other public lands; historic districts; preserves and historic sites normally open to the public; and from any other location where the site is visible to a large number of visitors, travelers, or residents. Pictorial representations should be taken at a location from which the view of the proposed tower is not obstructed.
(c)
A "zone of visibility map" in order to determine locations where the tower may be seen.
(d)
Assessment of alternative tower designs and color schemes, as described below.
(e)
Assessment of the visual impact of the tower base, guy wires, accessory buildings and overhead utility lines from abutting properties and streets.
(f)
Unless specifically required by other regulations, a tower shall have a finish (either painted or unpainted) that minimizes its degree of visual impact.
(g)
Accessory structures shall maximize the use of building materials, colors and textures designed to blend with the natural surroundings.
(h)
No portion of any tower or accessory structure shall be used for a sign or other advertising purpose, including but not limited to company name, phone numbers, banners, and streamers.
(7)
Existing vegetation. Existing on-site vegetation shall be preserved to the maximum extent possible. No cutting of trees exceeding four inches in diameter (measured to a height of four feet off the ground), shall take place after the initial application, unless approved as part of the final site plan. If the visual impact analysis reveals that there is vegetation on or adjacent to the project site that must be retained for screening of the proposed tower or facility, the applicant shall document how such vegetation will be protected throughout the operational life of the facility.
(8)
Screening. Deciduous or evergreen tree plantings may be required to screen portions of the tower and accessory structures from nearby residential property as well as from public sites known to include important views or vistas. Where a site abuts a residential property or public property, including streets, screening shall be required.
(9)
Access. Adequate emergency and service access shall be provided. Maximum use of existing roads, public or private, shall be made. Road construction shall, at all times, minimize ground disturbance and vegetation cutting to within the toe of fill, the top of cuts, or no more than 10 feet beyond the edge of any pavement. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion potential.
(10)
Parking. Parking shall be provided to assure adequate emergency and service access. The Planning Board shall determine the number of required spaces based upon a recommendation from the applicant. No parking spaces shall be located in any required yard.
(11)
Fencing. The tower and any accessory structures shall be adequately enclosed by a fence, the design of which shall be approved by the Planning Board. This requirement may be waived by the Planning Board if the applicant demonstrates that such measures are unnecessary to ensure the security of the facility.
(12)
To the extent that the holder of a special use permit for wireless telecommunications facilities has not received relief or is otherwise exempt from appropriate state and/or federal agency rules or regulations, the holder of a special use permit issued by the Town of Waterford shall adhere to, and comply with, all applicable rules, regulations, standards, and provisions of any state or federal agency, including, but not limited to, the FAA and the FCC. Specifically included in this requirement are any rules and regulations regarding height, lighting, security, and electrical and radio frequency (RF) emission standards.
F.
Shared use and co-location. At all times, shared use of existing structures (for example, municipal water towers, steeples, multistory buildings, etc.) and existing or approved towers shall be preferred to the construction of new towers. The applicant shall submit a comprehensive report inventorying existing towers and other suitable structures within five miles of the location of any proposed new tower, unless the applicant can show that some other distance is more reasonable, and demonstrate conclusively why an existing tower or other suitable structure cannot be used.
(1)
An applicant proposing to co-locate on an existing structure that is not a telecommunications structure shall be required to submit to the Planning Board:
(a)
A completed application;
(b)
Documentation of intent from the owner of the existing facility to all shared use;
(c)
A site plan showing all existing and proposed structures and improvements, including antennas, roads, buildings, guy wires and anchors, parking and landscaping, including grading plans for new facilities and roads. Any methods used to conceal the modification of the existing facility shall be indicated on the site plan;
(d)
An engineer's report certifying that the proposed shared use will not diminish the structural integrity and safety of the existing tall structure, and explaining what modifications, if any, will be required in order to certify the above;
(e)
A completed short environmental assessment form (EAF); and
(f)
A copy of its Federal Communications Commission (FCC) license.
(2)
Shared usage of an existing tower site. Where shared use of existing tall structures, and existing or approved towers is found to be impractical, the applicant shall investigate shared usage of an existing tower site for its ability to accommodate a new tower and accessory uses.
(3)
New towers; future shared use. The applicant shall design a proposed new telecommunications tower to accommodate future demand for reception and transmitting facilities. The applicant shall submit to the Planning Board a letter of intent committing the owner of the proposed new tower, and his/her successors in interest, to negotiate in good faith for shared use of the proposed tower by other telecommunications providers in the future. This letter shall be filed with the Building Inspector prior to issuance of a building permit. Failure to abide by the conditions outlined in the letter may be grounds for revocation of the permit. The letter shall commit the new tower owner and his/her successors in interest to:
(a)
Respond within 90 days to a request for information from a potential shared-use applicant.
(b)
Negotiate in good faith concerning future requests for shared use of a new tower by other telecommunications providers.
(c)
Allow shared use of the new tower if another telecommunications provider agrees, in writing, to pay reasonable charges. The charge may include, but is not limited to, appropriate share of the cost of site selection, planning, project administration, land costs, site design, construction and maintenance financing, return on equity, and depreciation, and all of the costs of adapting the tower or equipment to accommodate a shared user without causing electromagnetic interference.
G.
Retention of expert assistance and reimbursement to the Town.
(1)
The Planning Board may retain consultants and/or experts necessary to assist the Town in reviewing and evaluating the application, including the construction and modification of the site, once permitted, and any requests for recertification.
(2)
An applicant shall deposit with the Planning Board funds sufficient to reimburse the Town for all reasonable costs of consultant and expert evaluation and consultation to the Town in connection with the review of any application, including the construction and modification of the site, once permitted.
H.
Maintenance, monitoring and evaluation of compliance. All facilities shall be maintained to acceptable industry standards. The Planning Board may require any of the following conditions to ensure ongoing maintenance of the facility:
(1)
Ongoing periodic monitoring of microwave emissions by an independent agency.
(2)
Ongoing structural inspections.
(3)
Liability insurance covering the applicant who shall provide annually to the Town Clerk a certificate of such insurance.
(4)
An initial cash bond posted in a reasonable amount determined and approved by the Planning Board. This bond shall be in force to cover the costs of the remediation of any damage to the landscape which occurs during the clearing of the site, and to cover the cost of the removal of the tower from the site and remediation of the landscape should the tower cease to operate.
(5)
Prior to issuance of a building permit of wireless telecommunications facilities, the applicant and the owner of record of any proposed wireless telecommunications facilities site shall, at its cost and expense, be jointly required to execute and file with the Planning Board cash or other form of security acceptable to the Planning Board as to type of security and the form and manner of execution, in an amount of at least $10,000 and with such sureties as are deemed sufficient by the Planning Board to assure the faithful performance of the terms and conditions of this section and conditions of any special use permit issued pursuant to this chapter. The full amount of the security shall remain in full force and effect throughout the term of the special use permit and/or until any necessary site restoration is completed to restore the site to a condition comparable to that which existed prior to the issuance of the original special use permit.
I.
Removal. The applicant shall submit to the Planning Board a letter of intent committing the tower owner, and his or her successors in interest, to notify the building inspector within 30 days of the discontinuance of use of the tower. This letter shall be filed with the Building Inspector prior to issuance of a building permit (assuming the telecommunications tower is approved according to this section). Obsolete or unused towers and accessory structures shall be removed from any site within four months of such notification. The Town may require the applicant to post a bond for future removal. All towers and accessory structures unused for a period of one year shall be deemed abandoned and the Town may remove the tower and place the cost of removal as a lien on the tax rolls if unpaid.
J.
Intermunicipal notification for new towers. In order to keep neighboring municipalities informed, and to facilitate the possibility of directing that an existing tall structure or existing telecommunications tower in a neighboring municipality be considered for shared use, and to assist in the continued development of county 911 services, the Planning Board shall require that:
(1)
An applicant who proposes a new telecommunications tower shall notify, in writing, the legislative body of each municipality that borders Waterford, the Saratoga County Planning Board, and the Director of Saratoga County Emergency Services. Notification shall include the exact location of the proposed tower and a general description of the project, including, but not limited to, the height of the tower and its capacity for future shared use.
(2)
Documentation of this notification shall be submitted to the Planning Board at the time of the application.
K.
Notification of nearby landowners. The applicant shall be required to mail notice of the public hearing directly to all landowners whose property is located within 500 feet of the property line of the parcel on which a new tower is proposed. Notice shall also be mailed to the administrator of any state or federal parklands from which the proposed tower would be visible if constructed. Notification, in all cases, shall be made by certified mail. Documentation of this notification shall be submitted to the Planning Board prior to the public hearing.
§ 161-34.6 Home occupations, minor and major.
A.
The home occupation must be clearly incidental and subordinate to the residential use.
B.
No home occupation shall generate traffic volumes or increased traffic hazards than would normally be expected in a residential district.
C.
All minor and major home occupations shall be conducted by a person living on the property in which the person must be a resident in order to operate the home occupation.
D.
Minor home occupations shall employ no more than one nonresident in addition to the home occupant and resident family members working in the home occupation. No more than four nonresident employees may be allowed with a major home occupation.
E.
No more than 25% of the existing gross floor area of the principal structure shall be devoted to a minor or major home occupation. No accessory structure used for a home occupation shall exceed 600 square feet.
F.
There shall be no display of goods or wares visible from the street.
G.
One sign, not exceeding two square feet in size per side, shall be allowed for minor home occupations. One sign, not exceeding four square feet in size per side, shall be allowed for a major home occupation. No sign for any home occupation shall be illuminated.
H.
The home occupation shall not be objectionable or detrimental to the residential character of the neighborhood because of the exterior appearance, traffic, emission of odor, gas, smoke, dust, noise, electrical disturbance, light emissions, or in any other way. No noises exceeding 55 decibels at the property line shall be generated when a home occupation is located in any residential district.
I.
Major home occupations may have exterior storage of materials or equipment, provided they are fully enclosed within a structure, such as a shed or garage, and located to the side and rear of the principal structure. All setbacks and other requirements for accessory structures shall be met.
J.
Minor home occupations shall be allowed in a two-family or multifamily dwelling, provided all requirements of this section can be met and the minor home occupation shall in no way become objectionable or detrimental to any residential use within the structure. Major home occupations shall not be permitted in any two-family or multifamily dwelling.
K.
The residential character of any structure used for a minor or major home occupation shall be maintained.
L.
Occupations such as those that require heavy-duty equipment or trucks, such as landscaping, freight, trucking, and more intense uses such as restaurants, tool or equipment rental, veterinary hospitals or kennels, and others of a similar nature, shall not be considered a minor or major home occupation.
M.
All parking requirements of § 161-30 shall be met for all major home occupations.
N.
Not more than one commercial vehicle in connection with such home occupation shall be stored on the premises.
O.
Retail sales shall be limited to goods made and/or prepared on site except for those major home occupations located in a commercial or manufacturing district.