The proposed special use is consistent with the general intent of the Town's Comprehensive Plan and with each of the specific purposes set forth in this chapter.

The location, size and use of the structures involved, nature and intensity of the operations involved and size and layout of the site in relation to the proposed special use are such that it will be compatible with the orderly development of the zoning district.

Operation of the proposed special use is no more objectionable to the uses of nearby properties, by reason of dust or smoke emission, noise, odors, fumes, pollution of air or water, including subsurface waters, unsightliness or similar conditions, than would be the operation of any permitted use.

The proposed special use satisfies each and all standards and conditions specified for such special use by the relevant provisions of this article.

The Planning Board may impose additional conditions or restrictions as it may deem necessary prior to approving any special use permit application in order to protect public health and safety, the quality of the Town's natural resource base and the value of property.

The Planning Board may waive certain requirements for special uses, provided that such waiver does not endanger public health, safety or welfare or compromise the character of the neighborhood.

The Code Enforcement Officer shall make an on-site visit to each property authorized as a special use not less than one time each year. The purpose of said site visit is to insure that the use is being operated in accord with the conditions specified by the Planning Board. If the Code Enforcement Officer shall determine that a violation of this chapter or the conditions imposed by the Planning Board exists, the owner and, if applicable, operator of such special use shall be notified in writing of the violation. If such violation continues to exist 15 days following such notification, or if three violations occur within a consecutive twelve-month period, the certificate of occupancy and/or certificate of compliance shall be null and void. A new special use permit application shall be required to be submitted and approved prior to the reestablishment of said use.

No site preparation or construction shall commence nor shall existing structures be occupied for any special permit use until final site plan approval has been granted by the Planning Board and permits have been issued by all governmental agencies involved.

A minimum lot area of 10 acres shall be required.

Any structure located on the site shall be a minimum distance of 500 feet from any existing residence.

All outdoor storage areas shall be suitably screened and indicated on the site plan.

The applicant must demonstrate that adequate on-site parking is provided so vehicles waiting to load or unload will not park on public highways.

Periodic inspections by the Code Enforcement Officer shall be permitted by the applicant and/or owner.

Hours of operation shall be demonstrated by the applicant to be limited as necessary to minimize impact on surrounding properties.

The applicant shall submit a route plan to indicate that traffic generated by the facility will have a minimal impact on neighboring streets. Said plan shall state the number and frequency of trips to and from the facility.

On-street parking of vehicles, containers or any other equipment or materials in any way connected with the facility shall be prohibited.

The Planning Board may incorporate as a condition of issuance of any such permit any safeguards it deems necessary to protect the public health, safety and welfare.

An application for the establishment, construction, enlargement or alteration of an airport shall include, in addition to requirements for special use permits outlined in Article IX, the following statements and information:

The Planning Board may, at its discretion, exclude from the requirements of § 240-66A(8) above, any private airport established, constructed or maintained by an individual on his property for his personal or hobby use; provided, however, that the following conditions are met:

The Planning Board, in considering a request for a special use permit or the extension of a permit to operate an airstrip, may waive certain requirements or impose any additional conditions it deems necessary to protect the health, safety and public welfare of the Town.

All buildings, structures or other accessory uses shall be at least 25 feet from any side or rear property line and shall be set back so as to comply wit the front yard requirements of the zone in which the facility is to be located.

All animals shall be kept within a totally enclosed building between 8:00 p.m. and 6:00 a.m.

Lot coverage shall not exceed 25%.

Entrance and exit points shall be from major or secondary roads only.

Adequate parking shall be provided in accordance with the size of the facility.

Adjacent properties shall be protected from noise, odors and unsightly appearance.

Applicant must indicate on application for permit the method of waste disposal and dead animal disposal. Recommended: septic system with 1,000-gallon tank for waste disposal. The proposed method of disposal of waste and/or dead animal carcasses shall be subject to review and approval by the Planning Board before any such method may be employed by any applicant.

If the applicant proposes to board or keep animals on the premises for purposes other than recuperation from illness or surgical procedures, the requirements established for kennels in § 240-84 of this chapter (special permit criteria for kennels) must be met.

Any quarters for recuperating animals located on the premises shall be located inside a building that has been sound-proofed in accordance with the standards established by the American Animal Hospital Association Guidelines.

The building proposed for occupancy as a bed-and-breakfast establishment shall contain no more than four lodging rooms for hire.

The operator of the bed-and-breakfast establishment shall reside on the premises.

The dwelling shall not be altered in a manner which would cause the premises to differ from its residential character, nor shall any extensions or additions to the dwelling be made for the purpose of renting such space for overnight accommodations.

Outbuildings detached from the principal dwellings shall not be used for the purpose of a bed-and-breakfast establishment.

A minimum of one off-street parking space shall be provided for each rentable unit, in addition to the two spaces required for a single-family dwelling. No such parking space shall be located in the front yard area and each space shall not be less than nine by 20 feet.

The dwelling may display a sign not to exceed two by two feet in size.

No bed-and-breakfast establishment shall be permitted where access is provided by a shared driveway.

No bed-and-breakfast establishment shall be permitted in an individual manufactured home or manufactured home park.

Each rentable unit in a bed-and-breakfast establishment shall maintain a working smoke detector.

Such uses shall comply in full with the Orleans County Sanitary Code and the codes of New York State.

Campgrounds shall be occupied only by travel trailers, pickup coaches, motor homes, camping trailers, recreational vehicles, and tents suitable for temporary habitation and used for travel, vacation and recreation purposes.

No permanent external appurtenances, such as carports, cabanas or patios, may be attached to any travel trailer or other vehicular accommodation parked in a campground.

The removal of wheels and placement of a unit on a foundation in a camping ground is prohibited.

Minimum site area: 10 acres.

Not more than 10 travel trailers, campers, tents, recreational vehicles or motor homes shall be permitted per acre of gross site area.

A campground shall be so located that no entrance or exits from a site shall discharge traffic into any residential area nor require movement of traffic from the camping ground through a residential area. A campground shall have a minimum of 150 feet of frontage on a public street.

Conditions of soil, groundwater level, drainage and topography shall not create hazards to the property or the health or safety of occupants. Natural vegetation shall be retained wherever possible. The site shall not be exposed to objectionable smoke, noise, odors, or to other adverse influences, and no portion of the campground subject to flooding, subsidence or erosion shall be used for any purpose which would expose persons or property to hazards.

Management headquarters, recreational facilities, toilets, dumping stations, showers, coin-operated laundries, and other uses and structures customarily incidental to the operation of campground are permitted as accessory uses to the camping grounds. In addition, retail stores and other convenience establishments shall be permitted as accessory uses in campgrounds in such districts where such uses are not allowed as principal uses, subject to the following restrictions.

Plans for sewage disposal and water supply shall be designed in accordance with standards promulgated by the New York State Department of Health and/or Environmental Conservation, and shall receive approval from said agencies.

Streets.

Each travel-trailer site shall be at least 2000 square feet in area and have a minimum width of 35 feet.

A minimum of 8% of the gross site area for the campground shall be set aside and developed as common use areas for open or enclosed recreation facilities. No travel trailer site, required buffer strip, street right-of-way, storage area or utility site shall be counted as meeting recreational purposes.

Entrances and exits to campgrounds shall be designed for safe and convenient movement of traffic into and out of the camping ground and to minimize friction with movement of traffic on adjacent streets. All traffic into or out of the camping ground shall be through such entrances and exits.

Pedestrian walkways shall be provided to lead to all parking areas, restrooms or other service buildings. All walkways shall have adequate lighting.

An adequate lighting system shall be provided for the campground.

All utilities shall be underground.

Not less than one covered twenty-gallon garbage receptacle shall be provided for each camp site. No camp site shall be situated further than 100 feet from a garbage receptacle. Garbage and rubbish shall be collected and disposed of as often as may be necessary to insure sanitary conditions.

All applicable sanitation standards promulgated by the State of New York, County of Orleans, or Town of Yates shall be met.

Setbacks. Each building or structure within a campground shall comply with the setback regulations applicable to the zoning district in which such camping ground is located, except that travel trailers, campers, tents, motor homes, and the motor vehicles propelling or carrying the same may be located not closer than 15 feet to any side or rear lot line nor closer than 60 feet to any front lot line.

Campsites and buildings shall be set back not less than 25 feet from any stream which carries water more than six weeks per year.

A site development plan shall be submitted in conformance with the requirements of Article X of this chapter.

The minimum tract size shall be 15 acres.

The lot size, yard, area and height requirements shall be established on an individual case basis which reflects the unique conditions of each site proposed for development, the potential impact on adjacent properties and to insure consistency with the Town Comprehensive Plan.

The number of lots or units (density of development) in a cluster plan shall not exceed that which could be created under a conventional development plan for the same tract of land.

The developers shall set aside an area of not less than 20% of the gross acreage of the tract to be devoted exclusively to permanent recreation areas or open space.

All recreation or open space areas shall, in the opinion of the Planning Board, be suitable for such use. The ownership and future maintenance of such recreation areas shall be subject to the approval of the Town Board or offered for dedication to the Town.

In determining the overall density to be allowed for a residential site, all developable areas of the site will be included.

All applicable health and safety codes, including provisions of the codes of New York State, are met.

The maximum amount of coverage of buildings and paved areas on the lot shall not exceed 15% of the lot area.

Landscaped buffers shall be provided, which are sufficient to screen views of the facility from neighboring property and to minimize the impacts of noise, traffic and other operations of the facility on neighboring property, roads and other public facilities.

The following information shall be submitted as part of the application for site plan approval and for a special use permit for a drive-in business addition to that information required in other sections of this chapter.

All drive-in businesses shall be a minimum of 200 feet from other such businesses, which distances shall be computed as follows:

Banks with drive-in facilities shall be permitted provided that at least five car length spaces are provided in the approach drive within the property line of the lot for each drive-in teller's window. Such spaces shall be exclusive of required off-street parking spaces.

All drive-in businesses shall provide suitable storage of trash in areas which are so designated and constructed as to allow no view of the trash storage from the street, to prevent wastepaper from blowing around the site or adjacent properties or public rights-of-way, and to permit safe, easy removal of trash by truck or hand.

Driveways and site access shall be planned as follows:

Exterior lighting proposed for the site shall be planned, erected and maintained so it will not cast direct light or glare upon adjacent properties or public right-of-way. The light source shall not be higher than 20 feet.

Sufficient landscaping and fencing shall be provided in order to minimize visual unattractiveness and minimize conflicts with adjacent land uses.

Water supply and sewage disposal systems shall be reviewed by the Orleans County Health Department.

Any outdoor eating area associated with a drive-in restaurant shall be maintained, landscaped and physically separated from any off-street parking area or driveway. Outdoor eating shall be allowed only if all parking and vehicular travel areas have a dustfree (hard) surface.

Essential services and utilities, except for telecommunications facilities, may be allowed as special permit uses in all districts by the Planning Board.

The Planning Board shall determine the following prior to approving a special permit:

A special use permit is required for the excavation of more than 1,000 tons of minerals (roughly equivalent to at least 750 cubic yards or 40 to 50 truckloads) for commercial purposes within 12 consecutive calendar months and for the reclamation of the land affected by the excavation, including any operation accessory to the excavation or reclamation.

The Town shall notify the Department of Environmental Conservation of local concerns with regard to activities subject to this subsection.

Minimum lot area: 10 acres.

In addition to site plan review requirements contained in Article X, the following information shall be supplied in conjunction with the special permits procedures contained in Article IX.

In addition to the site plan approval criteria contained in § 240-113, the Planning Board's review of the site plan shall include the following:

Special permits for excavation and mining operations are of a one-year term initially and three-year terms for succeeding permits. A renewal of a permit may be issued without a public hearing when the area covered by the renewal or transfer does not extend beyond the area of operations originally authorized; however, the Planning Board may, in its discretion, direct a public hearing if it determines said hearing is necessary. Renewal of a special permit upon its termination shall follow the same procedures as those required for the original permit, except that if an application for renewal was properly filled prior to the expiration of an existing permit, the term of the existing permit shall be deemed to be extended to the time that the Planning Board files its decision in regard to the application for renewal.

After the approval of the application and before the issuance of a special permit, the Planning Board shall require evidence that the applicant has posted such performance bond as may be required by the Town.

Standards for excavations.

Standards for restoration.

The Planning Board shall consider the following criteria in their review of the special use permit request.

A performance bond or some other financial guarantee shall be required to assure that the conditions stipulated in the approval of the special use permit are carried out.

Special permits for the establishment and operation of farm worker housing may be subject to annual inspection, but will typically be reviewed every three years for compliance with its permit and the Town Code. Failure to comply with the permit or Town Code may result in enforcement by the Town Code Enforcement Officer, consistent with the Town Code. Violations of the Town Code or the permit may lead to the permit' s revocation.

Minimum site area of proposed farm worker housing shall not be less than two acres, absent a showing that less acreage will not present any hazard to public health or safety or the health and safety of farm housing occupants in close proximity to other farm operations and facilities.

Minimum front, side and rear setbacks shall not be less than 200 feet, absent a showing that less acreage will not present any hazard to public health or safety or the health and safety of farm housing occupants in close proximity to other farm operations and facilities.

Like any property, the design and location of farm worker housing must comply with the Western Orleans Comprehensive Plan and the Local Waterfront Revitalization Program. This provision is intended to pertain solely to the design and location of farm working housing on a parcel(s) and not the eligibility to construct farm worker housing.

Farm worker housing should operate from February through November, absent a showing that the farm workers housed in the farm worker housing will be engaged in either a) on-farm work in December and January or b) year-round work for the farm operation where the housing is located.

Only persons falling within the definition of a farm worker, together with their immediate family, are entitled to occupy farm worker housing.

The farm worker housing and buildings must continually comply with all applicable local, state and federal laws, rules and regulations.

At the direction of the Code Enforcement Officer, farm worker housing that has not been occupied by farm worker(s) for a period of three consecutive years shall have the special use permit revoked.

If the proposed farm worker housing is within a county agricultural district and is operated in support of reasonable farming practices, the Planning Board may not unreasonably restrict its operation.

Such structures shall not exceed 2,000 square feet of floor area.

Not more than 1/3 of the total floor area shall be for the display and sale of products grown off the premises.

Such structures shall conform to the minimum setback requirements for accessory buildings in this district as specified in the zoning schedule.

Sufficient land area shall be provided to accommodate off-street parking for not less than three vehicles on-site.

Specifications:

Entrance and exit driveways shall have an unrestricted width of not less than 25 feet and not more than 30 feet, and shall be located not nearer than 15 feet from any property line, and shall be designed as to avoid the necessity of any vehicle backing out into any public right-of-way.

Entrance and exit points shall be from a major or secondary road.

Gasoline pumps shall be located not less than 30 feet from the street line and not less than 30 feet from all other property lines.

No such establishment shall be located within a distance of 200 feet of a residence, cemetery, school, church, hospital, nursing home, senior citizen housing or other place of public assembly designed for occupancy by more than 50 persons, or within 500 feet of another gasoline station or repair garage on the same side of the street. Said distance shall be measured in a straight line between the nearest points of each of the lots or premises.

Landscaped areas of at least 10 feet in width shall be provided along property lines to lessen any visual unattractiveness.

The entire area of the site traveled by motor vehicles shall be hard surfaced.

Any repair of motor vehicles shall be performed in a fully enclosed building and no more than two motor vehicles shall be offered for sale on the site at any one time. No motor vehicle parts, or partially dismantled motor vehicles shall be stored outside of an enclosed building.

All material shall be stored, handled, unloaded, loaded and/or transferred indoors on an impervious floor surface, including the storage of containers containing recyclable or other materials.

Periodic inspections by the Code Enforcement Officer shall be permitted by the applicant and/or owner.

A minimum lot area of 10 acres shall be required.

The applicant must demonstrate that adequate on-site parking is provided so vehicles waiting to load or unload will not park on public highways.

Hours of operation shall be demonstrated by the applicant to be limited to minimize impact on surrounding properties.

Any structure located on the site shall be a minimum distance of 500 feet from property zoned for residential use.

The applicant shall submit a route plan to indicate that traffic generated by the facility will have a minimal impact on residential streets. Said plan shall state the number and frequency of trips to and from the facility.

All outdoor storage areas shall be suitably screened and indicated on the site plan.

On-street parking of vehicles, containers or any other equipment or materials in any way connected with the facility shall be prohibited.

The maximum height of the facility shall not exceed 40 feet.

All buildings shall be set back 200 feet from all natural water bodies. A 100-foot buffer shall be required when adjoining residential and commercial zones.

The Planning Board may incorporate as a condition of issuance of any such permit any safeguards it deems necessary to protect the public health, safety and welfare.

Intent. The purpose of this section is to provide opportunities for the economic advancement among residents of the Town and to protect the character of residential and agricultural areas of the Town. All business established pursuant to this section are expected to blend in with the existing character of the area in which it is located.

Type of business. A variety of commercial and manufacturing uses may be permitted, provided that the requirements of this section are met.

Neighborhood character.

Operation and employees.

Floor space.

Outdoor storage and materials.

Outdoor display of goods. No outdoor display of goods for sale shall be permitted.

Signage.

Commercial vehicles. In the RR and WR Districts, no more than two licensed commercial vehicles may be used in connection with a home business. Such vehicles may be parked outside but at the rear of the structure.

Number of clients. With the exception of the family day care, the home business shall be conducted in such a manner that at one time, the maximum number of vehicles of clients, customers, and others (except for employees) at the site of the home business is not greater than off-road parking spaces provided for under §§ 240-42 and 240-43 of this chapter.

Hours of operation. The home business shall be conducted in such a manner that all clients, customers and others coming to do business shall arrive and depart between the hours of 7:00 a.m. and 9:00 p.m.

Number of home-based business permitted. More than one home-based business may be permitted for each residential property, provided that the combined impact of such home business does not exceed any of the thresholds established by this section.

Parking and access.

Setbacks. Any accessory building used in connection with the home business shall be set back in compliance with the existing regulations of the zoning district in which it is located; this also applies to off-street parking, loading areas, and outdoor storage areas.

Deliveries. No Business shall be permitted that requires tractor-trailer deliveries on a regular basis (i.e., more than once a week) unless the Planning Board determines that the site can provide an adequate access and turning around space.

Motor vehicle repair shops shall not be deemed home businesses.

Intent. The purpose of this section is to provide opportunities for economic advancement among residents of the Town and to protect the character of residential and agricultural areas of the Town. All businesses established pursuant to this section are expected to blend in with the existing character of the area in which it is located.

Type of business. A variety of commercial and manufacturing uses may be permitted, provided that the requirements of this section are met. However no business that is listed as a use that requires a special use permit in any commercial or industrial zoning district shall be permitted as a home-based business.

Neighborhood character. The appearance of the structure shall not be altered and the business shall not be conducted in a manner that would cause the premises to differ from its existing residential/agricultural character.

Operation and employees.

Floor area.

Outdoor storage of equipment and materials;

Outdoor display of goods. Outdoor display of goods may be permitted, provided that the goods are displayed in a neat and orderly fashion. The area displayed in must be limited to 2,000 square feet, and shall be 150 feet from the road right-of-way and 200 feet from the nearest property line.

Signage. Two signs shall be allowed one of 16 square feet on a detached structure and one of four square feet elsewhere on the property. No sign will be allowed on the residence.

Commercial vehicles. Licensed commercial vehicles used in connection with the home business may be parked outside, but must comply with the setbacks in Subsection N of this section. The Planning Board may require appropriate screening to minimize the visual impact of such vehicles on neighboring properties.

Number of clients. The home business shall be conducted in such a manner that at anyone time the maximum number of vehicles of clients, customers and others (except for employees) at the site of the home business is not greater than off-road parking spaces provided under §§ 240-42 and 240-43 of this chapter.

Hours of operation. The home business shall be conducted in such a manner that all client, customers and others coming to do business shall arrive and depart between the hours of 7:00 a.m. and 9:00 p.m.

Number of home-based business permitted. More than one home-based business may be permitted for each residential property, provided that the combined impact of such home business does not exceed any of the thresholds established by this section.

Parking. Off-street parking shall be provided in order to safely require all vehicles to safely enter and leave the premises. Adequate parking and turning space must be displayed in a site plan review, which also includes location of structures and spaces utilized for storage, etc. The off-street parking for home business shall be in addition to the parking required for the employees and residents. Parking must also comply with §§ 240-42 and 240-43 of this chapter.

Setbacks and frontage. Any accessory building used in connection with the home business, shall be setback a minimum of 200 feet from all property lines. Off street parking and loading spaces as well as outdoor storage display shall be set back a minimum of 200 feet from all side and rear property lines and not less than 150 feet from all public rights-of-way. Minimum frontage for Class B home business operation shall be 600 feet.

Deliveries. Tractor-trailer deliveries shall be permitted, unless the Planning Board determines that the site does not provide adequate access and/or turning around space.

Floor space.

Minimum lot dimensions:

All signs should be carefully integrated with the site, building design and surrounding context to create a harmonious appearance for the hamlet or waterfront area.

No exterior lighting shall be erected, operated or maintained in such a manner as to create an annoyance to surrounding properties or so as to create a hazard to traffic circulation.

No open-air outdoor storage of construction materials shall be permitted. Refuse and trash may be stored outdoors at all times only if placed in closed containers located in an area screened from view at all points on any public or private property or street when viewed from ground level.

The proposed project will be in harmony with the appropriate and orderly development of the waterfront area. The architectural treatment and general appearance of all buildings and grounds shall be in keeping with the purpose of this district and shall be of such quality and design as to be a visual asset to the area in which they are located as well as to adjacent development.

The proposed project will not hinder or discourage the appropriate development and use of adjacent lands.

Restaurants, cafeterias, swimming pools, newsstands, pharmacies, barbershops, hairdressers, gift shops, and other personal service shops for the convenience of guests may be permitted as accessory uses. With the exception of an identifying sign for the restaurant, no external evidence of their internal commercial activities is permitted.

When applying for a purebred boarding license the applicant shall indicate the number of dogs that will be boarded on the premises. Ownership of more than four dogs requires a kennel permit. This will include owned, boarded or parked dogs.

Minimum lot size and frontage.

Adequate landscaping or fencing shall be provided to create a visual, sound and smell buffer between such facilities and adjacent properties. Kennels must have a security fence around perimeter, unless enclosed in a building. Security fence must be eight feet high made of solid material.

All buildings, structures or other accessory uses shall be at least 75 feet from any property line, except that animal runs and structures that house animals shall be at least 100 feet from any property line.

No outdoor area enclosed by fences for the use of animals shall be permitted within a front yard. Fenced areas shall be setback not less than 100 feet from any side or rear property line.

Lot coverage shall not exceed 25%.

Entrance and exit points shall be from major or secondary roads only.

Adequate parking shall be provided in accordance with the size of the facility.

Adjacent properties shall be protected from noise, odors, and unsightly appearance.

Adequate provisions shall be made for disposing of animal waste. Applicants must indicate on application for permit the method of waste disposal and dead animal disposal. Recommended: septic system with 1,000-gallon tank for waste disposal. The proposed method of disposal of waste and/or dead animal carcasses shall be subject to review and approval by the Planning Board before any such method may be employed by any applicant.

Kennels not in compliance when this zoning goes into effect will have three years to come into compliance to meet this code or no additional permits/license will be issued.

Definitions. Unless the context otherwise requires, the following definitions shall be used in the interpretation and administration of this section:

General site conditions.

Dimensional requirements for manufactured home parks:

Lot and area requirements:

Recreation areas.

Street system.

Street illumination. All manufactured home parks shall be furnished with lighting units so spaced and equipped with luminaries placed at such mounting heights as will provide the following average of maintained levels of illumination for the safe movement of pedestrians and vehicles at night:

Street construction design standards.

Off-street parking.

Walkways.

Landscaping. Trees and shrubs shall be provided along all walks and streets, around recreation areas and along the outer property line of the manufactured home park. Trees shall be planted at an interval of not less than 50 feet where feasible.

Manufactured home stands. The area of the manufactured home stand shall be improved to provide adequate foundation for the placement and tie-down of the manufactured home, thereby securing the superstructure against uplift, sliding, rotation or overturning.

Water supply.

Sewage disposal.

Electrical distribution.

Community service facilities.

Garbage, rubbish and refuse.

Insect and rodent control.

Fuel supply and storage.

Fire prevention.

Responsibilities of park management.

Responsibilities of park occupants.

Conditions required prior to occupancy. A manufactured home shall not be occupied for dwelling purposes unless it is properly placed on a manufactured home stand and connected to water, sewerage and electrical utilities.

License required. It shall be unlawful for any person to construct, alter or extend any manufactured home park within the Town of Yates or to locate a manufactured home therein without a valid license issued by the Code Enforcement Officer. Licenses are issued and valid for a twelve-month period, but may be renewed as provided for in this section.

Preexisting manufactured home parks. Manufactured home parks operating under a valid license issued prior to the effective date of this chapter may continue to operate under the terms of such license until the expiration of such license. Before renew of the license, such manufactured home park shall be brought into compliance with the provisions of this section.

License application requirements.

Inspections.

Revocation of licenses. Any license for a manufactured home park may be revoked when it is found to be in violation of the provisions of this section.

Appeals.

Emergency conditions. Whenever the Code Enforcement Officer finds that an emergency exists which requires immediate action to protect the public health, Code Enforcement Officer may, without notice or hearing, issue an order reciting the existence of such emergency and require that such action be taken as the Code Enforcement Officer may deem necessary to address or remedy the emergency, including the suspension of the license. Notwithstanding any other provisions of this section, such order shall be effective immediately. Any person to whom such an order is directed shall comply therewith immediately, but upon petition to the Town Board, shall be afforded a hearing as soon as its is practicable for the Town Board to schedule such hearing. The provisions of Subdivision CC, Appeals, of this section shall be applicable to such hearing and the order issued thereafter.

Higher standards to prevail. In any case where a provision of this section is found to be in conflict with a provision of any other ordinance or code of the Town of Yates existing on the effective date of this section, the provision which establishes the higher standard shall prevail.

Restrooms shall be provided for the use of its customers or clientele.

Trash disposal receptacles shall be sufficient to accommodate all trash generated by the marina's customers or clientele and maintained in a clean and usable condition.

Adequate parking spaces shall be provided for customer's vehicles, as determined by the Planning Board. A minimum of 1/2 space per boat slip shall be required, plus one space for each employee and additional spaces as required for boat launches and other accessory uses.

An identification number corresponding to the permit number shall be assigned to the owner of the wharf or wharves under permit. This number is to be displayed in such a manner that it is readily visible from the water.

The marina's maintenance program shall be sufficient to keep all wharves, adjacent shoreline, water and the lake bottom clean of debris.

The marina shall be designed and managed to minimize the project's visual impact and avoid any navigational hazards.

The marina shall prepare and follow a plan designed to avoid damage to the environment due to leakage or spills of fuels, lubricants, waste products or other pollutants.

Accessory use may include the provision of fuel and supplies, minor and emergency repairs for recreational boats, boat rental, boat storage and sale and restaurant and related retail sales.[1]

The Planning Board may approve a special use permit for motor vehicle repair shops in the General Business (GB) and Hamlet (H) Districts, provided that the following standards and conditions are maintained.

No building permit or certificate of occupancy shall be issued for a motor vehicle repair or sales facility and no person shall operate a motor vehicle repair or sales facility until a special permit shall have been issued by the Town Planning Board in accordance with the requirements and procedures set forth below.

Such sales may be conducted either in a fully enclosed building located on the same lot, or in an unenclosed area. If such sales are conducted in a fully enclosed building located on the same lot, such building shall have a building area of not less than 5,000 square feet devoted to the sale and service of automobiles or boats.

Minimum specifications:

No vehicle shall be displayed for sale or rent within 25 feet of any property line, including edge of any highway or roadway. No manufactured homes shall be displayed within any required building setback. The maximum coverage for buildings shall apply to manufactured homes for sale, in addition to buildings used in the conduct of such sales.

Entrance and exit driveways shall have a minimum width of 25 feet and shall be not less than 20 feet from any side property line.

No more than 25 automobiles shall be offered for sale or rent on any lot at any time, and all automobiles shall be displayed in a neat and orderly manner.

All automobiles displayed on a lot shall be in proper working order at all times and shall have a valid motor vehicle registration or title.

The entire surface of the site to be traveled by motor vehicles shall be hard surfaced. There shall be a minimum of 200 square feet of hard surfaced display area for each motor vehicle to be offered for sale, rent or lease and the permit shall specify the gross number of vehicles that may be offered for sale, rent or lease on the premises at any one time.

No retail sales of fuel shall occur on the site at any time.

All signs must comply with § 240-41 of the this chapter.

No exterior light source shall be erected in excess of fifty feet above ground surface, and all lighting shall be placed to eliminate the casting of direct light or glare upon the adjacent property and highway.

Repair of motor vehicles on-site is prohibited unless the provisions found in § 240-87 of this chapter are complied with in full; in such case where two different specifications are listed, the greater dimension will apply.

No such establishment shall be located within a distance of 200 feet of a residence, cemetery, school, church, hospital, nursing home or senior citizen housing. Said distance shall be measured in a straight line between the nearest points of each of the lots or premises.

Permits must be renewed annually by the Town Planning Board, after inspection by the Code Enforcement Officer.

The maximum gross density shall not exceed eight units per acre.

Minimum gross floor area requirements:

Unit distribution.

Setback requirements:

All stairways to the second floor or higher shall be located inside the building.

Access to public road:

Requirements for off-street parking.

The aggregate of building coverage of multiple-family dwelling development shall not exceed 30% of the total lot area.

Recreation, open space, maintenance:

Utilities:

Requirements for all uses.

Additional provisions for restaurants. Accessory uses and structures customarily incidental to the operation of a restaurant, including but not limited to, eating and drinking facilities, dance floor, facilities for live entertainment, bandstand, banquet facilities.

Conditions for all facilities.

Additional requirements for golf courses.

The Planning Board may issue a special permit for any artificially constructed body of water which shall fall within the definition of Pond, Farm in the Agricultural Residential (AR), Rural Residential (RR), Light Industrial (LI), Industrial (I), Waterfront Residential (WR), or Waterfront Development (WD) Districts, provided that the following standards and conditions are maintained:

If soil or topsoil removed for construction of a pond is to be sold to outside parties, the owner must also comply with special permit criteria for excavation and mining operations (see §§ 240-74 and 240-75).

Specifications for all uses.

General requirements for other public and semipublic uses.

Day-care centers.

Clubs.

Cemeteries and burial grounds.

No site preparation or construction shall commence nor shall existing structures be occupied until final site plan approval has been granted by the Planning Board and permits have been issued by all governmental agencies involved.

The permitted use may include any of the following:

The land devoted to this use shall not be less than 10 contiguous acres.

One principal single-family dwelling may be located on the land devoted to this use, provided that it complies with the requirements for this chapter. The land area on which the principal single-family dwelling is located (minimum lot size of AR District) shall not be considered as part of the land "devoted to this use" as set forth in Subsection C above.

The number of horses that may be boarded and/or trained at such property shall not exceed 25 horses for the first 10 acres of land devoted to this use, plus one horse for each additional half acre of land available for such purpose.

The stable shall be located not less than 100 feet from any boundary line. The storage of manure shall be located on land not less than 200 feet from any boundary line. The Planning Board may require manure storage areas to be screened and/or buffered from adjacent areas.

Any riding ring shall be at least 50 feet from any boundary line.

Accessory buildings, such as barns (not housing horses), sheds and the like, may be located on the land devoted to this use, provided that they are set back a minimum of 50 feet from the street line and from each boundary, and provided further that they are not used for the storage of manure.

Structures on the land devoted to this use (not including the principal dwelling) shall not be in the aggregate cover more than 5% of the area of the land devoted to this use.

No structure shall exceed 35 feet in height.

Suitable and adequate off-street parking shall be provided in accordance with the requirements established by this chapter and the Planning Board.

Exterior lighting shall be permitted only to the extent necessary to prevent injury to the public and shall be so installed and arranged as to reflect light away from the adjoining streets and prevent any nuisance to adjoining property.

The installation and use of exterior loudspeakers shall be conducted in such a manner as to minimize potential nuisances to adjacent properties.

Purpose. The purpose of these supplemental regulations is to promote health, safety, and the general welfare of the residents of the Town of Yates; to provide standards for safe provision of telecommunications consistent with applicable federal and state regulations; to minimize the total number of telecommunications towers in the community by encouraging shared use of existing and future towers, and the use of existing tall buildings and other high structures; and to minimize adverse visual effects from telecommunications towers by requiring careful siting, visual impact assessment, and appropriate landscaping.

General criteria. No special use permit or renewal thereof or modification of a current special use permit relating to a telecommunications facility shall be authorized by the Planning Board unless it finds that such telecommunications facility:

Co-location.

Dimensional standards.

Lighting and marking.

Appearance and buffering.

Access and parking.

Security.

Engineering and maintenance.

Removal.