Town of Union, NY Specific Use Requirements

No person shall cause or permit the establishment of any of the following adult entertainment businesses, as defined in this chapter hereof within 500 feet of any building containing residential dwelling or rooming units or within 1,000 feet of any church, school, park, playground, amusement arcade or existing adult entertainment businesses: adult bookstore, adult cabaret, adult mini-motion-picture theater, adult motion-picture arcade or adult motion-picture theater.

The establishment of an adult entertainment business shall include the opening of such business as a new business, the relocation of such business or the conversion of an existing business location to any of the uses described in this chapter.

No adult entertainment business shall be conducted in any manner that permits the observation of any material depicting, describing or relating to specified sexual activities or specified anatomical areas from any public way or from any property not registered as an adult entertainment business. This provision shall apply to any display, decoration, sign, show window, screen or other opening.

Measurement of distances. For the purposes of this section, measurements shall be made in a straight line, without regard to the intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises for an adult entertainment business to the nearest property lines of a building containing a residential dwelling or rooming unit, a church, school or amusement arcade or to the nearest boundary of a park or playground.

Penalties for offenses. Any person violating any provisions of this section shall, upon conviction, be punishable as provided in Town and Village Law.

§ 300-40.2 Automotive sales.

The sale of new or used vehicles may be allowed by special use permit, provided the following:

The sales area shall be paved, suitably graded and drained, and maintained in a neat and orderly manner.

The number of cars that may be for sale on the premises must be specified on the special use permit. An increase in the number of cars to be sold shall require a new permit.

A spill prevention plan is provided.

All maintenance, service and repairs of motor vehicles shall be performed fully within an enclosed structure. No motor vehicle parts or partially dismantled motor vehicles shall be stored outside of an enclosed structure or screened area.

No vehicles shall be displayed for sale within 10 feet of the property line.

The retail sales of fuel shall not be permitted.

Landscaping (Article 54), signage (Article 52), and lighting (Article 55) shall meet the requirements of their respective sections.

§ 300-40.3 Automotive service station, motor vehicle repair shops, gasoline stations, or gasoline service stations.

Gasoline stations, service stations, motor vehicle repair shops, motor vehicle sales agencies, and drive-in businesses shall comply with the following:

No such use shall be located within 150 feet from any lot or parcel occupied by a hospital, library, school or church. Measurement shall be made between nearest respective lot lines.

Any such use shall be buffered from adjacent uses by no less than 10 feet.

The entire site area that is traveled by motor vehicles shall be hard-surfaced (i.e., asphalt, concrete, or any other dust-free surface).

Rubbish, oil cans, tires, discarded motor vehicle parts and components and other waste materials may be stored up to one month in a completely fenced-in opaque enclosure adjacent to the building, provided that the area of such enclosure shall not exceed 5% of the area of the principal service station building. There shall be no storage of any items, at any time outside of such enclosure or building.

Landscaping (Article 54), signage (Article 52), and lighting (Article 55) shall meet the requirements of their respective sections.

Motor vehicle repair shops and service stations shall comply with the following regulations:

The number of vehicles that can be accommodated on site for repair and storage is to be determined by the Planning Board.

Motor vehicle repair garages shall not be used for the storage, sale, rental or display of automobiles, trucks, trailers, mobile homes, boats, snowmobiles or other vehicles.

All maintenance, service and repairs of motor vehicles shall be performed fully within an enclosed structure. No motor vehicle parts or unlicensed motor vehicles shall be stored outside of an enclosed structure.

A spill prevention plan is provided.

No vehicle in for repair may remain outside longer than 10 days.

Gasoline stations shall comply with the following regulations:

In addition to the information required for site plan review, the plan shall also indicate the location, number, capacity, and type of fuel storage tank, the number of pumps to be installed, and the depth to the tanks.

Gas stations may include retail sales of food, convenience items, and minor automotive supplies or liquids, provided that the sales of such items are within an enclosed structure and are an accessory use. Sales areas outside of the primary structure may be displayed on the pump islands or the building island only.

Gasoline stations shall be under the control of an attendant at all times during the hours of operation.

Fuel pumps shall be located no closer than 20 feet from the public right-of-way or 50 feet from any other property lines.

All storage facilities for fuel, oil, gasoline or similar substances shall be underground and shall be at least 25 feet from any property line. Tanks shall be installed and maintained in accordance with all state and federal standards as well as the following specified standards:

Prior to installation, the Administrative Officer shall be provided with a copy of the specifications and the date of the proposed installation. No tank shall be covered until inspected and approved.

If at any time a leak is detected, the owner shall immediately make the necessary repairs. If, at the discretion of the Administrative Officer, the condition results in a threat to public safety, the gasoline service station may be shut down until repairs are made.

(c)

For the purpose of required yards and setbacks, pumps and canopies shall be considered structures and shall not be located in any required yard.

In the event that a service station is abandoned, as determined by the Administrative Officer, the owner shall comply with the Fire Prevention Code, Abandonment or Removal of Underground Tanks. The owner shall also remove all signs and lighting poles and provide adequate protection against unlawful entry into buildings and onto the property and shall close all vehicular entrances to the property. A service station shall be deemed abandoned if it is not in active operation for a period of 12 consecutive months.

§ 300-40.4 Camps.

Any campsite shall be located and maintained only in those districts as permitted in this chapter and in accord with the standards set forth in this chapter.

All existing campsites of record shall be exempt from this chapter, except that they shall comply with this section whenever and wherever any addition, expansion or alteration of the use or operation is proposed.

Before a special permit for a campsite is issued, the Planning Board shall determine that the proposed use is designed and arranged in accordance with the following standards:

Site. The campsite shall be located on a well-drained site which is properly graded to ensure rapid drainage and be free at all times from stagnant pools of water.

Lots. Each campsite shall be marked off into lots. The total number of lots in such campsite shall not exceed 12 per acre. Each lot shall have a total area of not less than 2,500 square feet, with a minimum dimension of 30 feet. No more than one recreational vehicle shall be permitted to occupy any one lot.

Setbacks. All recreational vehicles, tents and the like shall not be located nearer than a distance of:

At least 25 feet from an adjacent property line, except residential property.

At least 100 feet from any adjacent residential property line.

(c)

At least 100 feet from the right-of-way of a public street or highway.

(d)

At least 10 feet from the nearest edge of any roadway location within the park or camp.

Recreational vehicle stand. Each recreational vehicle lot shall have a stand of sufficient size and durability to provide for the placement and removal of recreational vehicles and for the retention of each recreational vehicle in a stable condition. The stand shall be suitably graded to permit rapid surface drainage.

Accessibility. Each campsite shall be easily accessible from an existing public highway or street, with entrances and exits designed and strategically located for the safe and convenient movement into and out of the campsite and with minimum conflicts with the movement of traffic on a public highway or street. All entrances and exits shall be at right angles to existing public highways or streets, and all entrances and exits shall be of sufficient width to facilitate the turning movements of recreational vehicles.

Street system.

Each campsite shall have improved streets to provide convenient access to all lots and other important facilities within the campsite or camp.

The street system shall be so designated to permit safe and convenient vehicular circulation within the campsite or camp.

(c)

All streets shall intersect at right angles.

(d)

All streets shall have the following minimum widths:

[1]

One-way traffic movement: 12 feet.

[2]

Two-way traffic movement: 20 feet.

(e)

Except in cases of emergency, no parking shall be allowed on such streets.

(f)

An improved driveway shall be provided for each lot. This driveway shall have a minimum width of nine feet.

(7)

Utilities. All sewer and water facilities provided in each campsite shall be in accordance with the regulations of the New York State Department of Health and the New York State Department of Environmental Conservation.

(8)

Open space. Each campsite designed for 20 or more sites shall provide a common open area suitable for recreation and play purposes. Such open space shall be conveniently located. The open space area shall be 10% of the gross land area of the campsite but not less than one acre.

(9)

Improvements. Lighting, landscaping and buffer areas may be required by the Planning Board and shall be in keeping with surrounding development, the unique features of the site and the health and safety of occupants of the campsite.

(10)

Management. Every campsite shall be managed from an office located on the premises. The manager shall maintain the campsite in such a manner so as to protect the health, safety and comfort of all persons accommodated in the campsite and so as to preserve the campsite in a clean and attractive manner.

(11)

Removal of wheels. Unless special consent is given by the Planning Board, it shall be unlawful to remove wheels from any recreational vehicle or otherwise permanently affix such travel trailer to the ground. Such removal shall be grounds for the revocation of the permit for such campsite.

(12)

Landscaping (Article 54), signage (Article 52), and lighting (Article 55) shall meet the requirements of their respective sections.

§ 300-40.5 Car washes.

Car washes shall comply with the following additional regulations:

All washing facilities shall be completed within an enclosed building.

Vacuuming facilities may be outside of the building but shall not interfere with the free flow of traffic on or off the site.

Where gasoline stations are either a principal use with or an accessory use to the car wash, the requirements of the gasoline station shall also be adhered to.

Discontinuance of use. In the event a car wash is abandoned, as determined by the Building Official, the owner shall immediately remove any outdoor vacuums, all signs and lighting poles. The owner shall also provide adequate protection against unlawful entry into the building and onto the property and shall close all vehicular entrances to the property. A car wash shall be considered abandoned if it is inactive for a period of 12 consecutive months.

§ 300-40.6 Drive-through facilities.

Drive-through facilities, including any protective canopies, signage, drive-through travel lanes, or other associated elements, shall meet the setback requirements for the property.

Within the Central Business Zoning District, drive-through facilities must be placed to the rear of the structure in order to ensure that their presence does not obstruct pedestrian access to the building and along the public right-of-way. A detached facility may be used to accomplish this.

Drive-through facilities with an amplified audio/visual system shall be setback a minimum of 30 feet from the property line. These facilities shall not be located adjacent to residential uses or districts.

Stacking space for these facilities shall not impede on- or off-site traffic movements. The stacking space shall be delineated from other internal areas through the use of pavement markings.

§ 300-40.7 Eating and drinking establishments.

Eating and drinking establishments that are adjacent to residential uses or districts shall be buffered or screened to minimize visual and auditory impacts in a method approved by the Planning Board and in accordance with the regulations set forth in Part 5, especially pertaining to landscaping, outdoor lighting, and parking.

§ 300-40.8 Farm stands.

A farm stand may be permitted as a seasonal accessory use within the RR District and sell agricultural and horticultural products produced on the premises or produced by the owner of a local farm, subject to the following regulations:

No more than one structure of a temporary and movable nature shall be permitted and shall not exceed 2,000 square feet in total floor space.

The ground display area shall be immediately adjacent and secondary to the farm stand and shall not exceed 1,600 square feet in area.

The farm stand shall be permitted only during the recognized season for the production or harvest of such products, and sales shall occur between dawn and dusk.

A farm stand shall be located at least 20 feet from any public rights-of-way.

An off-street parking area for at least two vehicles shall be provided.

No products other than homegrown fruits, vegetables, dairy products, nursery stock, or value-added products produced on-site from other products grown on-site may be sold or offered for sale at such stands.

One sign shall be permitted. The sign must be removed when the stand closes for the season.

§ 300-40.9 Home occupations.

Permitted home occupations include, but shall not be limited to, the following uses: lawyer, accountant, author, doctor, engineer, dentist, architect, consultant, realtor, insurance agent/broker, counselor, artist, teacher, tutor, beautician, barber, tailor, dressmaker and repairman, excluding the repair of motor vehicles.

The home occupation shall be carried on wholly within the principal building and shall not cover more than 1/3 of the floor area.

Not more than one person outside the family shall be employed in the home occupation.

There shall be no exterior display or storage of materials and no other exterior indication of the home occupation or variation from the residential character of the principal building with the exception of a permitted sign. The sign shall be placed in accordance with Article 52 of this chapter.

No offensive, noise, vibration, smoke, dust, odors, heat, light, or glare shall be produced.

Use of property as a drop-off point for merchandise not produced by such home occupation is prohibited.

Selling of merchandise not produced by such home occupation is prohibited.

Parking for home occupations shall be permitted in accordance with the parking regulations in Article 51. A maximum of two off-street parking spaces shall be provided.

The home occupation shall not involve wholesaling nor the storage of automobiles.

One freestanding or wall-mounted sign shall be allowed. The maximum size of the sign shall be two square feet.

§ 300-40.10 Keeping of livestock.

[Amended 3-7-2012 by L.L. No. 2-2012]

The keeping, sheltering, or maintenance of livestock and/or poultry, within an agricultural farming operation located in a county agricultural district, shall be subject to the New York State Agriculture and Markets Law. The keeping, sheltering, or maintenance of livestock and/or poultry, not within an agricultural farming operation located outside of a county agricultural district, shall be permitted only in the Rural Residential District and is subject to the following standards:

The minimum parcel size shall be three acres.

A maximum of two livestock may be kept, sheltered, or maintained per three acres minimum.

One additional livestock may be kept, sheltered, or maintained for each additional acre over the three-acre minimum.

Storage of manure or other odor-producing material or housing for livestock or poultry shall not be allowed within a minimum of 100 feet of any residentially zoned lot line or private well.

§ 300-40.11 Kennels.

The kennel and its operation will not create nuisance conditions for adjoining properties due to noise or odor in accordance with the performance standards contained in the local laws of the Town and Villages.

All animals will be confined to the property and housed in an enclosed structure in humane conditions (i.e., protected from weather, clean and sanitary, adequate space, nonporous surfaces, well-ventilated, etc.).

Animals are to be kept inside an enclosed structure between the hours of 8:00 p.m. and 6:00 a.m.

Adequate methods for sanitation and sewage disposal, which may require a waste disposal plan at the discretion of the Planning Board. The disposal plan, at a minimum, should outline the approximate amount of sewage expected, methods to properly dispose of the sewage, and methods for sanitation for the kennel. Certification by a licensed, professional engineer and/or the New York State Department of Health may be required if existing disposal systems are utilized or new systems installed.

Kennels and exterior pens, including dog runs, shall be located at least 20 feet from any lot line and 200 feet from all residential districts except the Rural Residential District. Landscaping, screening or buffering may be required by the Planning Board to minimize the visual and auditory impact to neighboring properties subject to the regulations in Article 54.

§ 300-40.12 Mobile and manufactured homes.

For the purposes of this section, any reference to a "mobile home" also applies to a "manufactured home" as defined in Part 7 of this chapter.

Permanent residence. A year-round mobile home is permitted as a principal use in the Rural Residential District, provided that the following standards and conditions are met:

The mobile home shall be installed in compliance with the New York State Uniform Fire Prevention and Building Code and shall be protected from ground frost heaves by one of the following methods:

Footings and the load-carrying portion of the ground anchors shall extend below the frost line (minimum of 42 inches below finished grade); or

The mobile home shall be placed on a reinforced concrete slab.

The mobile home shall be skirted with a noncombustible material so as to enclose the area between the floor of the mobile home and the ground. Such skirting is to be properly ventilated and must be completed within 30 days after arrival.

The water supply system and sewage disposal system for the mobile home shall be approved by the County Health Department.

The mobile home shall have a minimum floor area of 400 square feet.

Mobile homes and trailers may be used as temporary facilities at construction sites after building permits are issued for the proposed principal building and mobile home or trailer. The trailer or mobile home shall be removed upon the expiration of the building permit or upon the issuance of a certificate of occupancy from the Administrative Officer.

Mobile homes and trailers may be used as temporary facilities for public construction or other public utility construction and may be located on any lot or adjacent to the construction site. The mobile home or trailer may be placed after the acceptance of the contract to start construction and upon being granted a building permit. The mobile home or trailer shall be removed upon final payment for the project and notification by the Administrative Officer.

This section does not affect mobile home sales in a designated Commercial or Industrial District.

§ 300-40.13 Multifamily dwellings.

Driveways for ingress and egress shall be as required by the Planning Board.

Dimensional requirements. The minimum distance between buildings in a multifamily development shall be 25 feet. No multifamily dwelling or required recreation area shall be closer than 50 feet to any property lines. The only exception is within the CB District, where setbacks shall be determined through a site plan review.

Parking areas may be located in any yard other than the front yard, but no closer than 20 feet from any property line and shall comply with all other regulations of the district in which the use is located.

Each multifamily dwelling development shall provide a recreation area or areas furnished with suitable equipment at a standard of 400 square feet for the first 10 units and an additional 100 square feet for each additional five units or fraction of five thereafter.

Development applications for multifamily dwelling units shall be subject to site plan review by the Planning Board in accordance with Article 63 (Site Plan Review and Approval) of this chapter.

All dwelling units and structures shall comply with the NYS Uniform Code.

Stairways to upper floors shall be located inside the building.

§ 300-40.14 Outdoor recreation.

For go-cart tracks for electric or gasoline-powered go-cart rides, similar vehicular tracks and miniature golf courses, the following restrictions shall apply:

Gasoline or electric-powered go-cart rides, similar vehicular tracks:

No person shall cause or permit the establishment of a go-cart track or similar vehicular track within 500 feet of any residentially zoned district or within 500 feet of any church, school, park, playground or existing go-cart track, similar vehicular track or miniature golf course. For the purposes of this section, measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the property used as a part of the premises for the track and/or course to the nearest property line of a residentially zoned district, church or school or to the nearest boundary of a park or playground.

Operating hours shall be limited to the hours between 10:00 a.m. and 10:00 p.m. daily.

The sale or use of alcoholic beverages shall be prohibited.

Adequate toilet facilities for employees and customers shall be provided on site.

A solid wall having a minimum height of six feet, incorporating noise-absorbing material on the inside, shall be placed on all sides of the facility that abut residentially occupied property. Noise levels shall be limited to 65 dB as measured 75 feet outside the wall. The remaining sides of the property shall be fenced with a fence having a minimum height of four feet.

Only operator-owned go-carts or other vehicles shall be allowed. No individually owned go-carts or other vehicles shall be allowed.

(7)

Parking requirements for go-carts and other vehicles are three parking spaces for every one go-cart or similar vehicle.

Miniature golf course uses:

Operating hours shall be limited to the hours between 10:00 a.m. though 10:00 p.m. Sunday through Thursday and 10:00 a.m. through 11:00 p.m. on Friday and Saturday.

The course shall be fenced with a fence having a minimum height of four feet.

The sale or use of alcoholic beverages shall be prohibited.

Adequate toilet facilities for employees and customers shall be provided on site.

§ 300-40.15 Outdoor sales and display.

The display area shall not exceed 10% of the gross floor area of the primary structure.

The display area shall not block automotive traffic, private sidewalks, fire lanes, or other travel lanes.

The items for display are for sale and said area is not used for storage purposes.

§ 300-40.16 Outdoor storage.

Outdoor storage shall be allowed only in nonresidential districts and shall be subject to the following requirements. This section does not affect the storage of trailers, boats and recreational vehicles as regulated in § 300-40.19.

Central Business and Neighborhood Commercial Districts.

Outdoor storage shall not be allowed in the front yard.

Outdoor storage shall not occupy more than 10% of the entire lot area.

All outdoor storage shall be fully screened to ensure the area is not visible from the public right-of-way or adjacent residential districts or uses.

Screening shall be of sufficient height and density to completely hide the storage from public view.

Screening shall be of sufficient height and density to completely hide storage from major highways, passenger rail lines and other public accessways.

All screening shall be maintained in such a manner as to present a neat and orderly appearance at all times.

General Commercial and Industrial Districts.

Outdoor storage shall not be allowed in the front yard setback.

All outdoor storage shall be fully screened to ensure the area is not visible from the public right-of-way or adjacent residential districts or uses.

Screening shall be of sufficient height and density to completely hide the storage from public view.

Screening shall be of sufficient height and density to completely hide storage from major highways, passenger rail lines and other public accessways.

All screening shall be maintained in such a manner as to present a neat and orderly appearance at all times.

Contractor storage must be a minimum of 200 feet from a residential or open space district.

§ 300-40.17 Public utilities.

Public utility installations shall comply with the following:

Such facility shall be surrounded by a fence approved by the Planning Board.

The facility shall be landscaped in a manner approved by the Planning Board.

To the extent practicable, equipment shall be stored so as not to be visible from surrounding properties.

Any other requirements as determined by the Planning Board through Site Plan Review.

§ 300-40.18 Quarries and excavation facilities.

Expansions, closures, or any other alterations of bank earth product excavation operations shall require a site plan review by the Planning Board and may be subject to performance standards contained in other local laws of the Town or Villages.

Compliance with New York State Department of Environmental Conservation regulations for mining if more than 1,000 tons or 750 cubic yards of materials are removed from a site or more than 100 cubic yards of materials in or adjacent to any body of water. (See Environmental Conservation Law, Article 15.)

During the restoration of a quarry or excavation facility, the following shall apply:

The surface slope of any excavation shall not exceed one foot of vertical rise for each 1 1/2 feet of horizontal distance.

The finished floor of the excavation shall conform to adjacent surfaces and be free of holes, water pools, mounds of debris, and other potential hazards.