Wilton City Zoning Code
ARTICLE XXV
Special Use Permits
§ 129-175 Special use permit review.
[Amended 8-1-2019]
Each specific use for which a special use permit is sought shall be considered as an individual case and shall conform to the detailed application of the following standards in a manner appropriate to the particular circumstances of such use.
A.
Required plan. A plan for the proposed development of a site for a permitted special use shall be submitted with an application for a special use permit, and such plan shall show the location of all buildings, parking areas, traffic access and circulation drives, open spaces, landscaping and any other pertinent information that may be necessary to determine if the proposed special use meets the requirements of this chapter.
B.
Public hearing. A public hearing preceded by a ten-day legal notice shall be held as required to review any special use application.
C.
Appropriate conditions and safeguards shall be established by the Zoning Board of Appeals, Town or Planning Board, as the case may be, as considered necessary or desirable in each case to avoid special uses that might be injurious to the neighborhood or otherwise detrimental to the public welfare.
D.
For each special use permit, the Zoning Board of Appeals, Town or Planning Board shall determine, in its judgment, that:
(1)
It is reasonably necessary for the public health or general interest or welfare.
(2)
It is appropriately located with respect to transportation facilities, water supply, fire and police protection, waste disposal and similar facilities.
(3)
The off-street parking space required under § 129-161 of this chapter or where not specified is adequate to handle expected parking demands.
(4)
The neighborhood character and surrounding property values are reasonably safeguarded.
(5)
Undue traffic congestion or creation of a traffic hazard will not result.
(6)
Any other conditions or standards specified in this chapter and especially those listed for specific uses in § 129-176 of this article are fulfilled.
(7)
All governmental authorities having jurisdiction have given the necessary approval.
E.
When issued, special use permits may be granted for specified time limit but may be extended at the Zoning Board of Appeals, Town, or Planning Boards' discretion.
§ 129-176 Standard requirements for specific uses.
[Amended 6-6-1996; 7-2-1997; 1-8-1998 by L.L. No. 1-1998; 8-6-1998; 11-15-1999; 5-3-2001; 7-2-2002; 11-7-2002; 4-3-2003; 12-1-2005; 2-1-2007; 9-6-2012; 8-1-2019; 11-2-2023]
A.
Automobile wrecking/junkyard.
B.
Commercial laundry or dry-cleaning facilities.
(1)
The applicant shall utilize a public or private water system or show, to the satisfaction of the Zoning Board of Appeals, Town, or Planning Board, the adequacy of an alternative water supply.
(2)
The proposed use shall be connected to the Saratoga County Sewer System.
(3)
All chemicals used in and by-products as a result of processing shall be clearly identified and disposal methods detailed. Safety plans in the event of an emergency related to any chemicals or by-products shall be submitted for review.
(4)
Chemicals and by-products related to the specific approved use may be stored on site until they are properly disposed. No company may store chemicals or by-products imported from any off-site processes or uses not specifically allowed in the special use permit.
C.
Home occupation.
(1)
General requirements.
(a)
The home occupation shall be carried on wholly within the principal or accessory structures and shall be clearly incidental and secondary to the use of the structure for residential purposes.
(b)
Exterior displays or signs other than those permitted under Article XXVI, exterior storage of materials and exterior indication of the home occupation or variation from the residential character of the principal structure shall be prohibited.
(c)
Objectionable circumstances, as determined by the Town of Wilton or its agent, including those which are visual, together with dust, electrical disturbance, odors, heat or glare, shall not be produced.
(d)
No traffic shall be generated by such home occupation in greater volumes than would normally be expected in the neighborhood.
(e)
Parking shall be provided off-street and shall not be located in front yards except for the first three cars.
(2)
The home occupation shall be carried on only by a member of the family residing in the dwelling unit. One employee who is not part of the family is permitted in all districts except R-1 Residential.
(4)
A home office meeting the following requirements shall be permitted as a use accessory to the principal use of the property and not require the issuance of a special use permit, provided that said principal use is a legal residential use:
(a)
The office utilizes only a telephone, facsimile transmission machine, computer and other items accessory to this equipment.
(b)
Only a resident family member operates the office, and no employees are permitted.
(c)
No customers/clients come to the home.
(d)
No deliveries are made to the residence for the office use.
(e)
There is no storage of materials or products in the residence.
(f)
No signage is allowed.
D.
Laboratories for industrial or scientific research.
(1)
All chemicals used in and by-products as a result of processing must be clearly identified and disposal methods detailed. Safety plans in the event of an emergency related to any chemicals or by-products must be submitted and reviewed by the local Fire Department and emergency medical services organization.
(2)
Chemicals and by-products related to the specific approved use may be stored on site until they are properly disposed. No company may store chemicals or by-products imported from any off-site process or uses not specifically allowed in the special use permit.
E.
Pet cemetery.
(1)
Such use and operation shall be in conjunction with a veterinary hospital.
(2)
Submission of a plot plan and a rendering of the proposed use shall be required.
(3)
Natural buffers shall be placed between any adjacent residences and the cemetery.
(4)
Site plan review and approval from the Wilton Planning Board shall be required.
(5)
Aesthetic aspects shall be observed.
F.
Printing and publishing.
(1)
All chemicals used in and by-products as a result of processing shall be clearly identified and disposal methods detailed. Safety plans in the event of an emergency related to any chemicals or by-products shall be submitted for review.
(2)
Chemicals and by-products related to the specific approved use may be stored on site until they are properly disposed. No company may store chemicals or by-products imported from any off-site processes or uses not specifically allowed in the special use permit.
G.
Recreational vehicle and tenting campsite.
(1)
There shall be a minimum distance, no cut, nonbuildable, nondisturbance buffer, from any lot line to any campsite or roadway or structure, unless additional buffering is required by the Planning Board, as follows:
(2)
There shall be a minimum distance of 25 feet between campsites.
(3)
Such campsites shall meet with any requirements of the New York State Department of Health, New York State Department of Environmental Conservation and any other governmental body having jurisdiction.
(4)
There shall be a minimum area of 2,000 square feet per campsite.
H.
Senior living community.
(1)
General requirements.
(a)
A senior living community may include, for residents only:
[1]
Living, dining, social, laundry, security and housekeeping facilities.
[2]
Medical and dental services.
[3]
Small retail shops for the sale of goods or rendering of personal services (i.e., hairdresser, banking, etc.).
[4]
Central kitchen for food served in dining areas or distribution to individual dwelling accommodations and units.
(2)
The community shall be served by public transportation or the community supplies transportation for residents who wish to leave the premises and return to them.
(3)
Access to the community shall be directly from a federal, state or county highway.
(4)
Said site shall be served by central water and sanitary sewer facilities.
(5)
Density shall be limited to the total building coverage on the site.
(6)
The entrance to all off-street parking and truck unloading spaces shall be from an internal driveway system.
I.
Service station.
(1)
A building containing at least one service bay shall be at least 100 feet from the street line or right-of-way.
(2)
A masonry wall or fence and screen planting shall be required where abutting a residential district.
(3)
No repair work shall be performed outdoors.
(4)
Pumps and lubrication or other devices, including canopies, shall be located at least 100 feet from any street lines or highway rights-of-way.
(5)
All vehicle parts, dismantled vehicles and similar articles shall be stored within a building.
(6)
Vehicle repair service shops may be incorporated in the same building with other uses, provided that all state, local and other applicable building, fire and safety codes are met.
J.
Warehousing and distribution facilities. Warehousing of chemicals or by-products not specifically generated on site from approved uses is prohibited.
K.
Public utilities.
(1)
Site plan. An applicant shall be required to submit a site plan in accordance with § 129-146. The site plan shall show all existing and proposed structures and improvements, including roads, buildings, tower(s), guy wire and anchors, parking and landscaping, and shall include grading plans for new facilities and roads.
(2)
Supporting documentation. The Planning Board and the Zoning Board of Appeals shall require that the site plan include a complete visual environmental assessment form and documentation on the proposed intent and capacity of use as well as a justification for the height of any tower and justification for any clearing required. The Planning Board and the Zoning Board of Appeals may require submittal of a more detailed visual analysis based on the results of the visual EAF in addressing this subsection and Subsections K(11) and (12) below.
(3)
Shared use of existing facilities. At all times, shared use of existing facilities and structures shall be preferred to the construction of new facilities and structures. An applicant shall be required to present an adequate report inventorying existing public utility facilities/structures within a reasonable distance of the proposed site and outlining opportunities for shared use of existing facilities as an alternative to proposed new structures.
(a)
An applicant proposing to share use of existing facilities shall be required to document intent from an existing facility owner to allow shared use.
(b)
The Board shall consider a new facility/structure where the applicant demonstrates that shared usage of an existing facility/structure is impractical. The applicant shall be required to submit a report demonstrating good-faith efforts to secure shared use from existing facilities/structures as well as documentation of the physical and/or financial reasons why shared usage is not practical. Written requests and responses for shared use shall be provided.
(4)
Shared usage of site with new facility/structure. Where shared usage of an existing facility/structure is found to be impractical, the applicant shall investigate shared usage of an existing public utility site for its ability to accommodate a new facility/structure and accessory uses. Documentation and conditions shall be in accordance with Subsections K(3)(a) and (b) above. Any new facility/structure approved for an existing public utility site shall be subject to the standards of Subsections K(6) through (15) below.
(5)
New facility/structure at a new location. The Board shall consider a new facility/structure on a site not previously developed with an existing facility/structure when the applicant demonstrates that shared usage of an existing public utility site is impractical and submits a report demonstrating good-faith efforts to secure shared use from existing public utility sites as well as documentation of the physical and/or financial reasons why shared usage is not practical. Written requests and responses for shared use shall be provided.
(6)
Future shared usage of new public utility sites. The applicant must examine the feasibility of designing a proposed public utility site to accommodate future demand for similar facilities. The scope of this analysis shall be determined by the Board. This requirement may be waived, provided that the applicant demonstrate that provisions of future shared usage of the facility is not feasible and an unnecessary burden, based upon the kind of site and structure proposed.
(7)
Setbacks for new public utilities. All proposed public utility structures/facilities and accessory structures shall be set back from property lines the distance set forth in the schedule for the underlying zoning district.[1]
[1]
Editor's Note: The zoning schedules are included as an attachment to this chapter.
(8)
Visual impact assessment. The Board shall require the applicant to undertake a visual impact assessment of any proposed new public utility facility or any proposed modification of an existing public utility facility to include:
(a)
A "Zone of Visibility Map," provided in order to determine locations where the facility/structure may be seen.
(b)
Pictorial representations of "before and after" views from key viewpoints both inside and outside of the Town, including but not limited to state highways and other major roads, state and local parks.
(c)
Assessment of alternative facility/structure designs and color schemes.
(d)
Assessment of visual impact of the facility/structure, accessory buildings and overhead utility lines from abutting properties and streets.
(9)
Sensory impact assessment. The Board shall require the applicant to undertake a sensory impact assessment of any proposed new public utility facility or any proposed modification of an existing public utility facility to include:
(a)
Decibel levels to be produced "before and after" which are audible on adjacent properties, providing an example of a common noise at a similar decibel level.
(b)
Assessment of alternative facility/structure designs which reduce any audio impact (i.e., the addition of acoustical materials, sound dampening devices, etc.).
(c)
Assessment of audio impact of the facility/structure and accessory buildings from abutting properties and streets.
(d)
Assessment of alternative facility/structure designs which reduce any olfactory impact (i.e., the addition of air filters, odor reducing devices, etc.).
(e)
Assessment of olfactory impact of the facility/structure and accessory buildings from abutting properties and streets.
(10)
New facility design. The design of a proposed new public utility facility/structure shall comply with the following:
(a)
Unless specifically required by other regulations, all facilities/structures shall have a neutral, earth tone or similar painted finish that shall minimize the degree of visual impact.
(b)
Any new facility/structure shall have the minimum size needed to provide future shared usage.
(c)
Artificial lighting of the facility/structure, unless specifically required by other regulations, shall be prohibited.
(d)
The Board may request a review of the application by a qualified structural engineer for evaluation of need for and design of any new facility/structure.
(e)
Accessory facilities shall maximize the use of building materials, colors and textures designed to blend with the natural surroundings.
(f)
No portion of any facility/structure or related structure shall be used for a sign or other advertising purpose, including but not limited to company name, phone numbers, banners, streamers, etc.
(11)
Existing vegetation. Existing on-site vegetation shall be preserved to the maximum extent possible, and no cutting of trees exceeding four inches in diameter (measured at a height of four feet off the ground) shall take place prior to the approval of the special use permit.
(12)
Screening. Deciduous or evergreen tree plantings may be required to screen portions of the facility/structure 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.
(13)
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 grounds 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.
(14)
Parking. A minimum of three parking spaces shall be provided. No parking spaces shall be located in any required yard.
(15)
Fencing. Sites of proposed new public utility facilities/structures and sites where modifications to existing facilities/structures are proposed shall be adequately enclosed by a fence, design of which shall be approved by the Board, unless the applicant demonstrates to the Board that such measures are unnecessary to ensure the security of the facility. (Also see § 129-176L.)
(16)
Removal. Obsolete or unused public utility facilities/structures and related structures shall be removed from any site within four months of discontinuance of use.
(17)
Maintenance and/or performance bond. The Board, at its sole discretion, may require the applicant and/or the owner to establish, prior to approval of any application, a maintenance and/or performance bond in an amount sufficient to cover the installation, maintenance and/or construction of said public utility facility/structure(s) during its lifetime. The amount required shall be determined at the sole discretion of the Board, based upon the unique characteristics of the public utility facility/structure and site. The applicant and/or owner shall cooperate with the Board in supplying all necessary construction and maintenance data to the Board prior to approval of any application. Cost estimates shall be reviewed by the Town Engineer.
L.
Telecommunication towers.
(1)
Site plan. An applicant shall be required to submit a site plan in accordance with § 129-146. The site plan shall show all existing and proposed structures and improvements, including roads, buildings, tower(s), guy wire and anchors, parking and landscaping, and shall include grading plans for new facilities and roads.
(2)
Supporting documentation. The Planning Board and the Zoning Board of Appeals shall require that the site plan include a complete visual environmental assessment form and documentation on the proposed intent and capacity of use as well as a justification for the height of any tower and justification for any clearing required. The Planning Board and the Zoning Board of Appeals may require submittal of a more detailed visual analysis based on the results of the visual EAF in addressing this subsection and subsections L(10) and (11) below. The Board shall also require a copy of the certificate of need from the Public Service Commission.
(3)
Shared use of existing towers. At all times, shared use of existing towers shall be preferred to the construction of new towers. An applicant shall be required to present an adequate report inventorying existing towers within a reasonable distance of the proposed site and outlining opportunities for shared use of existing facilities as an alternative to a proposed new tower.
(a)
An applicant proposing to share use of an existing tower shall be required to document intent from an existing tower owner to allow shared use.
(b)
The Board shall consider a new telecommunication tower where the applicant demonstrates that shared usage of an existing tower is impractical. The applicant shall be required to submit a report demonstrating good-faith efforts to secure shared use from existing towers as well as documentation of the physical and/or financial reasons why shared usage is not practical. Written requests and responses for shared use shall be provided.
(4)
Shared usage of site with new tower. Where shared usage of an existing tower 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. Documentation and conditions shall be in accordance with Subsection L(3)(a) and (b) above. Any new telecommunication tower approved for an existing tower site shall be subject to the standards of Subsection L(6) through (14) below.
(5)
New tower at a new location. The Board shall consider a new telecommunications tower on a site not previously developed with an existing tower when the applicant demonstrates that shared usage of an existing tower site is impractical and submits a report demonstrating good-faith efforts to secure shared use from existing towers as well as documentation of the physical and/or financial reasons why shared usage is not practical. (Written requests and responses for shared use shall be provided.) Information regarding the required need for the new telecommunications tower shall be required in the form of empirical data illustrating said need.
(6)
Future shared usage of new towers. The applicant must examine the feasibility of designing a proposed telecommunications tower to accommodate future demand for reception and transmitting facilities. The scope of this analysis shall be determined by the Board. This requirement may be waived, provided that the applicant demonstrate that provisions of future shared usage of the facility is not feasible and an unnecessary burden, based upon:
(a)
The number of Federal Communications Commission (FCC) licenses foreseeably available for the area.
(b)
The kind of tower site and structure proposed.
(c)
The number of existing and potential licenses without tower spaces.
(d)
Available spaces on existing and approved towers.
(e)
Potential adverse visual impact by tower designed for shared usage.
(7)
Lot size and setbacks for new towers. All proposed telecommunication towers and accessory structures shall be located on a single parcel and set back from abutting residential parcels, public property or street lines a distance sufficient to contain on-site substantially all icefall or debris from tower failure and preserve the privacy of the adjoining residential properties.
(a)
Lot size of parcels containing a tower shall be determined by the amount of land required to meet the setback requirements; if the land is to be leased the entire lot required shall be leased from a single parcel.
(b)
All tower bases shall be located at a minimum setback from any property line at a minimum distance equal to 1 1/2 times the height of the tower.
(c)
Accessory structures shall comply with the minimum setback requirements in the underlying zoning district.
(8)
Visual impact assessment. The Board shall require the applicant to undertake a visual impact assessment of any proposed new towers or any proposed modification of an existing tower to include:
(a)
A "Zone of Visibility Map," provided in order to determine locations where the tower may be seen.
(b)
Pictorial representations of "before and after" views from key viewpoints both inside and outside of the Town, including but not limited to state highways and other major roads, state and local parks.
(c)
Assessment of alternative tower designs and color schemes.
(d)
Assessment of visual impact of the tower base, accessory buildings and overhead utility lines from abutting properties and streets.
(9)
New tower design. Alternate designs shall be considered for new towers, including lattice and single pole structures. The design of a proposed new tower shall comply with the following:
(a)
All towers shall be of a self-supporting design which shall not require the installation of guy wires.
(b)
Unless specifically required by other regulations, all towers shall have a neutral, earth tone or similar painted finish that shall minimize the degree of visual impact.
(c)
The maximum height of any new tower, or any tower in existence intended to be used as a telecommunications 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.
(d)
Any new tower shall have the minimum height needed to provide future shared usage, but artificial lighting of any kind shall be prohibited.
(e)
The Board may request a review of the application by a qualified engineer for evaluation of need for and design of any new tower.
(f)
Accessory facilities shall maximize the use of building materials, colors and textures designed to blend with the natural surroundings.
(g)
No portion of any tower or related structure shall be used for a sign or other advertising purpose, including but not limited to company name, phone numbers, banners, streamers, etc.
(10)
Existing vegetation. Existing on-site vegetation shall be preserved to the maximum extent possible, and no cutting of trees exceeding four inches in diameter (measured at a height of four feet off the ground) shall take place prior to the approval of the special use permit.
(11)
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.
(12)
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 grounds 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.
(13)
Parking. A minimum of three parking spaces shall be provided. No parking spaces shall be located in any required yard.
(14)
Fencing. Sites of proposed new towers and sites where modifications to existing towers are proposed shall be adequately enclosed by a fence, design of which shall be approved by the Board, unless the applicant demonstrates to the Board that such measures are unnecessary to ensure the security of the facility. (Also see § 129-176K.)
(15)
Removal. Obsolete or unused towers and related structures shall be removed from any site within four months of discontinuance of use.
(16)
Maintenance and/or performance bond. The Board, at its sole discretion, may require the applicant and/or the owner to establish, prior to approval of any application, a maintenance and/or performance bond in an amount sufficient to cover the installation, maintenance and/or construction of said tower during its lifetime. The amount required shall be determined at the sole discretion of the Board, based upon the unique characteristics of the tower and site. The applicant and/or owner shall cooperate with the Board in supplying all necessary construction and maintenance data to the Board prior to approval of any application. Cost estimates shall be reviewed by the Town Engineer.
M.
Apartment houses/multifamily dwellings.
(2)
Said site shall be served by public central water and public sanitary sewer facilities.
(3)
The entrance to all off-street parking and truck unloading spaces shall be from an internal driveway system when possible.
(5)
Where more than one building is constructed on a single property, the following minimum distances between buildings shall apply:
(c)
The distance between residential/accessory buildings and garage/storage buildings shall be as follows:
[1]
Residential/accessory buildings and garage/storage buildings shall be separated by a minimum of 50 feet, except as noted in § 129-176M(5)(c)[2].
[2]
Residential/accessory buildings and garage/storage buildings may be separated by a minimum of 20 feet, provided that any residential/accessory building which is less than 50 feet from any garage/storage building is equipped with a sprinkler system in conformance with the New York State Uniform Fire Prevention and Building Code.
[3]
Garage/storage buildings shall be staggered (not immediately in front of, to the rear of and/or to the side of) in relation to residential/accessory buildings when separation distances are less than 50 feet. The purpose of the staggering of the buildings is to substantially offset the adjoining buildings so not to interfere with access to the apartment buildings for fire-fighting purposes and emergency services.
N.
Townhouses.
(2)
Said site shall be served by public central water and sanitary public sewer facilities.
(3)
The entrance to all off-street parking and truck unloading spaces shall be from an internal driveway system when possible.
(4)
Minimum unit sizes shall be 720 square feet and not less than 20 feet in width.
(5)
Where more than one building is constructed on a single property, there shall be a minimum of 50 feet between the buildings.
(6)
There shall be no more than six individual dwelling units attached by common or party walls per floor in any building.
O.
Self-service storage facilities.
(1)
The use shall be limited to individual permanent storage compartments, and shall specifically exclude any commercial, garage, wholesale or retail sales.
(2)
All self-storage units shall be screened by a twenty-five-foot wide landscaped strip consisting of a densely planted barrier, as determined by the Planning Board, which limit the view of the structure. Front setbacks shall comply with current setback for underlying zone.
(3)
The exposed exterior walls of the proposed structure shall be of textured or masonry construction and of neutral tones.
(4)
The placement of storage containers is prohibited; self-storage units must have a permanent foundation.
(5)
Storage materials, including boats, vacant trailers, and vehicles shall be stored inside the self-storage facility.
P.
Two-family dwellings and accessory apartments.
(1)
Buildings shall be designed and constructed in keeping with the character of the neighborhood.
(2)
Accessory apartments shall be designed so as not to be readily discernible as an additional dwelling unit.
(3)
Accessory apartments shall be a minimum of 500 square feet and a maximum of 800 square feet and shall be no more than 40% of the gross floor area of the main dwelling unit.
Q.
Temporary mobile home uses for the intention of temporary and secondary dwellings to assist in resolving personal hardships.
(1)
Approval of both the Planning Board and the Zoning Board of Appeals is required.
(2)
Submission of photographic evidence or visual inspection by the Building Inspector is required to certify that the proposed mobile home is habitable and in good repair.
(3)
The mobile home shall be located on a temporary foundation and properly skirted.
(4)
All setback requirements shall be met.
(5)
The Zoning Board of Appeals shall set a specific time limit to the special use permit.
R.
Schools.
(1)
Schools and facilities approved by the New York State Department of Education shall be exempt from these regulations.
(2)
A play/recreation area of at least 10 square feet per student shall be provided. This play/recreation area shall have a thirty-foot landscaped buffer between any adjacent properties and between the road right-of-way. Such buffer area shall contain screen plantings, as determined by the Planning Board, consisting of trees, hedges, shrubs, etc., to provide a visual and sound buffer.
(3)
Traffic circulation shall be arranged so as not to require students to walk across lanes of traffic.
(4)
Buildings constructed in a residential area shall conform to the architectural character of the neighborhood.
S.
Outdoor sales/automobile sales/mobile home sales.
(1)
A thirty-foot landscaped buffer shall be required between the front yard setback and the road right-of-way. Such buffer area shall contain plantings as determined by the Planning Board, consisting of trees, hedges, shrubs, etc., to provide visual enhancement of the site.
(2)
Approved display areas may be located in the front yard upon approval of the Planning Board. This approved display area may limit the number and size of the items to be displayed.
(3)
All storage shall be to the rear of the property, and a thirty-foot landscaped buffer shall be required between the storage area and any adjacent property. Such buffer area shall contain screen plantings of trees, hedges, shrubs, etc., to provide visual enhancement of the site. It shall be the option of either the Zoning Board of Appeals or the Planning Board to require fencing in addition to a landscaped buffer along any property line.
T.
Kennels.
(1)
Kennels are encouraged to be built in conjunction with veterinary hospitals and offices but shall not be excluded if this is not the case.
(2)
A thirty-foot landscaped buffer shall be required along the side and rear property lines. Such buffer area shall contain screen plantings as determined by the Planning Board, consisting of trees, hedges, shrubs, etc., to provide a visual and sound buffer. It shall be the option of either the Zoning Board of Appeals or the Planning Board to require fencing in addition to a landscaped buffer along any property line.
(3)
Where animals are housed or boarded, a system for the disposal of animal waste shall be provided.
(4)
Animal yards and runs, if provided, shall be screened and a maintenance plan provided to ensure that the area is cleaned of animal waste.
(5)
Kennels shall not be allowed adjacent to residential development.
U.
Adult uses.
(1)
Adult-oriented businesses shall be prohibited from locating within 500 feet of a residential use or a zoning district that permits residential use.
(2)
Adult-oriented businesses shall be prohibited from locating within 1,000 feet of the property line of a school, day-care center, house of worship, public park, public or private recreation facility, community center or other public facility, motel or hotel, designated historic district, historic landmark or site or designated urban renewal area.
(3)
Adult-oriented businesses shall not be permitted to locate less than 500 feet from another such use, and not more than one adult-oriented business shall be permitted to locate within a single building or single lot.
(4)
Adult-oriented businesses shall not exceed, in total, 2,500 square feet of floor area and cellar space not used for enclosed storage or mechanical equipment.
(5)
Adult-oriented businesses shall be required to meet all other development standards and requirements of the laws of the Town of Wilton, including but not limited to district lot and bulk regulations, parking requirements, signage, facade and screening regulations.
(6)
Adult-oriented businesses shall not be permitted in any building where a portion of the floor area of the building is in residential use, including nonconforming residential uses, a school, house of worship, public or private recreation facility, community center or other public facility, motel or hotel, historic landmark or site or designated urban renewal area.
(7)
Adult-oriented businesses shall not be permitted to provide live entertainment on the premises which involves nude dancing that is lewd, indecent or grossly sexual in nature. This shall not be construed to include conduct of being nude that constitutes a part of a bona fide live communication, demonstration or performance by a person wherein such nudity is expressive conduct incidental to, and necessary for, the conveyance or communication of a genuine message or public expression and is not a guise or pretense utilized to exploit nudity, nor shall it include conduct that is protected by the United States or New York State Constitution.
(8)
The exterior appearance of any building containing an adult-oriented business shall be consistent with the character of surrounding structures and shall not detract from the appearance of the neighborhood.
(9)
Adult-oriented businesses shall conform with all existing applicable sign regulations in addition to the following specific requirements:
(a)
Signs which are illuminated in neon or which contain flashing lights shall be prohibited.
(b)
Exterior signs, displays or other advertisements which contain nude, seminude or provocative pictures shall be prohibited.
(c)
Interior signs, displays, posters or other advertisements which contain nude, seminude or provocative pictures shall be located a minimum of four feet from any window or door and shall not be visible from the exterior of the establishment.
(d)
Permanent and/or temporary window and door signs shall not occupy more than 20% of each window or door.
(10)
Special use permits granted to adult-oriented businesses shall be nontransferable and shall be subject to renewal by the Zoning Board of Appeals on an annual basis.
(11)
Property owners within 1,000 feet of the location of a proposed adult-oriented business shall be notified in writing of the date, time and location of the public hearing.
V.
Agricultural with animals; private stables.
(1)
Slope of required pasture land shall be no greater than 15% with a minimum of one third being no greater than 5%.
(2)
Pasture/fence line shall be a minimum of 30 feet from any property line and a minimum of 50 feet from any existing well.
(3)
Pasture land shall meet the minimum as stated in the attached table for each additional animal.
Animal Type | Description | Pasture Area Requirement | Number Allowed | Area required for additional |
|---|---|---|---|---|
I | Large size farm cows, horses, pigs, etc. | 40,000 square feet | 1 to 3 | 13,000 sf for each additional |
II | Medium pigmy goats, alpacas, goats, etc. | 40,000 square feet | 6 | 6,500 sf for each additional |
III | Small chickens, turkeys, rabbits, water fowl, etc. | 40,000 square feet | 12 | 3,000 sf for each additional |
(4)
Manure storage shall be located a minimum of 150 feet from any property line or from existing wells.
(5)
Manure shall be removed on a monthly basis, unless a concrete manure pit or enclosed composting drum is installed.
(6)
Pasture land shall be fenced with appropriate fencing as determined by the Zoning Board of Appeals. Details shall be shown on the plan.
(7)
The floor of the barn/stable shall be impervious (e.g., clay soil, wood or concrete flooring). The bedding material on the floor of the barn/stable shall be cleaned out and removed on a weekly basis.
W.
Places of worship/parish houses/rectories.
(1)
Additional landscaping and buffering shall be required as follows:
(a)
A thirty-foot-wide landscaped buffer shall be required along the side and rear property lines. Such buffer area shall contain screen plantings as determined by the Planning Board, consisting of trees, hedges, shrubs, etc., to provide a visual and sound buffer. It shall be the option of either the Zoning Board of Appeals or the Planning Board to require fencing in addition to a landscaped buffer along any property line.
(2)
Traffic circulation shall be arranged so as not to require pedestrians to walk across lanes of traffic.
(3)
Buildings constructed in a residential area shall conform to the visual character of the neighborhood.
(4)
Steeples may be allowed to exceed the thirty-five-foot height requirements if an automatic sprinkler is installed in the steeple.
(5)
All entrances and exits to a place of worship shall be directly to a state or county highway, unless it can be demonstrated that access to a Town road is in the best interest of public safety, with the approval of both the Zoning Board of Appeals and the Planning Board.
X.
Parks/playgrounds (privately owned).
(1)
Additional landscaping and buffering shall be required as follows:
(a)
A thirty-foot-wide landscaped buffer shall be required along the side and rear property lines. Such buffer area shall contain screen plantings as determined by the Planning Board, consisting of trees, hedges, shrubs, etc., to provide a visual and sound buffer. It shall be the option of either the Zoning Board of Appeals or the Planning Board to require fencing in addition to a landscaped buffer along any property line.
(2)
Any play/recreation area shall have a thirty-foot landscaped buffer between any adjacent properties and between the play/recreation area and the road right-of-way. Such buffer area shall contain screen plantings as determined by the Planning Board, consisting of trees, hedges, shrubs, etc., to provide a visual and sound buffer.
(3)
Traffic circulation shall be arranged so as not to require pedestrians to walk across lanes of traffic.
Y.
Boarding of horses/riding stables.
(1)
Slope of required pastureland shall be no greater than 15% with a minimum of 1/3 being no greater than 5%.
(2)
Pasture/fence line shall be a minimum of 30 feet from any property line and a minimum of 50 feet from any existing well.
(3)
Pastureland shall be a minimum of 40,000 square feet for one to four horses, with an additional 10,000 square feet for each additional horse.
(4)
Manure storage shall be located a minimum of 100 feet from any property line or a minimum of 200 feet from a property line when upgradient from existing wells.
(5)
Manure shall be removed on a biweekly basis, unless a concrete manure pit is installed.
(6)
Pastureland shall be fenced with appropriate fencing. Details shall be shown on the site plan.
(7)
The floor of the barn/stable shall be impervious, (e.g., clay soil, wood or concrete flooring). The bedding material on the floor of the barn/stable shall be cleaned out and removed on a weekly basis.
Z.
Clubs/lodges/golf and country clubs.
(1)
Additional landscaping and buffering shall be required as follows:
(a)
A thirty-foot-wide buffer along the side and rear property lines. Such buffer area shall contain screen plantings as determined by the Planning Board, consisting of trees, hedges, shrubs, etc., to provide a visual and sound buffer. It shall be the option of either the Zoning Board of Appeals or the Planning Board to require fencing in addition to the buffer along any property line.
(2)
Traffic circulation should be arranged so as not to require pedestrians to walk across lanes of traffic.
(3)
Buildings constructed in a residential area shall conform to the visual character of the neighborhood.
AA.
Boardinghouses/tourist homes/bed-and-breakfast facilities.
(1)
Buildings constructed in a residential area shall conform to the architectural character of the neighborhood.
(2)
The entrance to all off-street parking and truck unloading spaces shall be from an internal driveway system.
(3)
Additional landscaping and buffering shall be required as follows:
(a)
A thirty-foot-wide buffer along the side and rear property lines. Such buffer area shall contain screen plantings as determined by the Planning Board, consisting of trees, hedges, shrubs, etc., to provide a visual and sound buffer. It shall be the option of either the Zoning Board of Appeals or the Planning Board to require fencing in addition to the buffer along any property line.
BB.
Public libraries/museums.
(1)
Additional landscaping and buffering shall be required as follows:
(a)
A thirty-foot-wide buffer along the side and rear property lines. Such buffer area shall contain screen plantings as determined by the Planning Board, consisting of trees, hedges, shrubs, etc., to provide a visual and sound buffer. It shall be the option of either the Zoning Board of Appeals or the Planning Board to require fencing in addition to the buffer along any property line.
(2)
In addition to all other parking regulations (see § 129-161), there shall be planted in the parking lot one tree for each eight parking spaces provided.
(3)
Buildings constructed in a residential area shall conform to the visual character of the neighborhood.
(4)
The entrance to all off-street parking and truck unloading spaces shall be from an internal driveway system.
CC.
Mixed use commercial space in H-1 Zone.
(1)
No single use shall occupy more than 50% of the total allotted commercial space within the structure.
(2)
The proposed commercial use shall not be a similar competitive use to another use on the same property.
(3)
Adequate parking and internal traffic patterns within the site and additional site amenities shall be reviewed for compatibility with the use.