The following are use regulations applicable to all districts
except for uses located in county-adopted state-certified agricultural
districts:
A.
Agricultural buildings.
(1)
No structure utilized for the housing, care, feeding or processing
of livestock shall be placed closer than 75 feet to a residential
lot line.
B.
Swimming pools decks.
C.
All other accessory structures and uses.
(1)
Accessory structures larger than 1,000 square feet in the MU, CC and MED Districts shall be required to obtain site plan approval. Unless stated otherwise within Articles II through VII, nonagricultural accessory structures in any district that are greater than 4,000 square feet shall be required to obtain site plan approval.
(2)
Any use or structure which is permitted as a principal use within
an individual zoning district administratively or via the site plan
review process shall also be permitted as an accessory use or structure
in the same district, subject to the same review and permit procedures
as for a principal use.
(3)
Accessory structures shall require a building permit from the Jefferson County Fire Prevention and Building Code Department unless meeting the definition of a shed or farm stand within Article I of this chapter.
(4)
Accessory structures shall be subject to height restrictions pursuant
to the applicable zoning district.
(5)
Accessory structures shall be located no closer to a lot line than
10 feet.
(6)
A permitted accessory structure that undergoes a change of use shall
apply for a change of use permit, similar to any other structure or
property.
A.
All such uses shall be at least 1,000 feet from the nearest lot line
of any district in which adult entertainment is not a permitted use
or any public, private or parochial school, library, park, church,
playground or other recreational facility, or any place where large
numbers of minors regularly travel or congregate.
B.
All such uses shall be at least 1,000 feet from any municipal boundary.
C.
All such uses shall not be located within a radius of 1,000 feet
of any other adult entertainment or adult entertainment retail use.
D.
All building openings, entries, windows, doors, etc., shall be located,
covered or opaquely screened in such a manner as to prevent a view
into the interior from any public or semipublic place.
E.
Outside advertising for all such uses shall be limited to one advertising sign and shall meet all applicable regulations of Article XIII.
F.
The use shall comply with all site, building, parking, landscaping
and other such requirements of this chapter and for the applicable
zoning district in which such use is located.
A.
Automotive uses include, but may not be limited to, the following
uses:
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Automotive repair, limited
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Automotive sales and/or rental, limited
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Automotive service, limited
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Equipment sales, repair or rental
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Motor vehicle truck rental establishment
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Motor vehicle truck stop
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Recreational vehicle sales, repair or rental, highway
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Recreational vehicle sales, repair or rental, nonhighway
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B.
Setbacks and lot size.
(1)
All automotive uses, buildings and accessory structures shall be
so arranged and all servicing on the premises shall take place no
closer to any lot line than 50 feet.
(2)
The nearest edge of fuel pump islands and overhead canopies shall
be located a minimum of 30 feet from any lot line.
(3)
Below-grade fuel storage tanks shall be not less than 50 feet from
the property line. There shall be no aboveground tanks for storage
of gasoline, diesel fuel, or oil.
(4)
Entrance and exit driveways shall be located at least 10 feet from
any side or rear property line.
D.
Screening.
(1)
All junk, waste and servicing materials shall be stored within a
structure or enclosed within fencing so as not to be visible from
off the property.
(2)
All automobile parts, partially dismantled motor vehicles or similar
articles shall be stored within a building.
(3)
Vehicles awaiting repairs shall be located in an area that is screened
from public view.
(4)
All repair and service work shall be conducted entirely within either
a building or, where deemed appropriate by the Planning Board due
to such factors as the size of the property involved and/or its location,
shall be conducted entirely within a fenced-in area in which such
work is visually screened from all adjoining properties and roadways.
(5)
Vehicles requiring such work shall not be stored outdoors for a period
exceeding 14 days, unless such vehicles are entirely located within
a fenced-in area and are visually screened from all adjoining properties
and roadways.
(6)
A front yard landscape buffer 15 feet in depth from the property
line shall be provided to screen storage areas where the Planning
Board deems that a sufficient display of vehicles is achieved.
(7)
A side yard landscape buffer 15 feet in depth from the property line
shall also be provided if the side yard abuts a public right-of-way
or residential lot line.
(8)
Landscaping provided within front or side yard buffer areas for automotive
uses shall count towards the required planting units as determined
by the appropriate zoning classification. Additional plantings may
be required at the discretion of the Planning Board to provide sufficient
screening.
E.
Vehicle storage and display.
(1)
For service and repair establishments without sales, there shall
be a limit of 10 registered vehicles stored on site waiting to be
serviced, with no more than two unregistered vehicles permitted on
site at any time.
(2)
For establishments with sales:
(a)
There shall be a limit of 10 registered vehicles stored on site
waiting to be serviced.
(b)
The number of vehicles on any given site shall not exceed 50
per gross acre.
(c)
Maximum density pertains to all vehicles on the site, including
but not limited to display, storage, repair, customer and employee
vehicles. Said vehicles shall be confined to the portions of the site
designated for them on the approved site plan.
(3)
The densities of vehicles specified in this section may only be achieved
if, in the Planning Board's opinion, the site can accommodate such
densities without resulting in adverse visual impact.
(4)
The site characteristics to be evaluated in this regard shall include,
but not necessarily be limited to, the size and shape of the lot,
the size and shape of the building, existing and proposed vegetation
and the site's topography.
(5)
The Planning Board shall determine whether any outdoor lifts or display
pads for the parking, display or storage of vehicles shall be permitted.
Not more than one vehicle display pad or lift, which may be elevated
up to three feet in height, shall be permitted per 100 feet of street
frontage.
(6)
The parking, storage and display of vehicles and equipment along
the site's roadway frontage(s) shall not exceed a one vehicle for
every 20 feet of frontage, to a maximum of five vehicles or pieces
of equipment.
G.
Miscellaneous.
(1)
Refueling stations or automotive service stations are permitted one
access drive, except stations located on a corner lot shall be permitted
one access drive on each street.
(2)
All customer parking areas shall be paved. The surfacing of all other
areas on site shall be determined by the Planning Board.
(3)
Overhead garage doors providing access to maintenance, repair or
wash facilities shall not be located facing any street and shall be
visually buffered from surrounding residential districts.
(4)
Use of a building for residence or sleeping quarters shall not be
permitted.
(5)
All washing activities shall be carried on within an enclosed building.
Vacuuming activities shall be permitted, provided such activities
are located at least 50 feet from adjacent residentially zoned or
used property.
A.
The proposed installation of essential services in a specific location
shall be necessary and convenient for the efficiency of the essential
service, or the satisfactory and convenient provision of service to
the area in which the particular use is located.
B.
The design of any building or structure in connection with such facility
shall conform to the general character of the area and will not adversely
affect the safe and comfortable enjoyment of property rights in the
district in which it is to be located.
C.
All major electrical transformer facilities or substations, if above
ground, shall be screened from view from adjacent residential uses
in accordance with the design standards for the appropriate zoning
classification and also secured by a fence.
D.
No transformer or associated switches shall be closer than 100 feet
to any lot line.
Family/caregiver apartments in any district shall be a maximum
of 800 square feet in gross floor area.
A.
No junkyard shall be located within 200 feet of any adjoining property
line or within 1,500 feet of any residential building (except that
belonging to the owner of the junkyard), public park, church, educational
facility, hospital, public building or other place of public gathering,
or any stream, lake, pond, wetland, or other body of water.
B.
Junkyards shall be set back at least 1,500 feet from the road line
of any public highway.
C.
Junkyards and junk vehicles on any lot in any district must be screened from view from public rights-of-way and neighboring properties through the construction and maintenance of an eight-foot-high opaque fence or screen meeting the requirements of § 158-61A.
D.
All junkyards shall provide secure perimeter fencing six feet in
height along the entire circumference of said junkyard operation.
All materials dealt with by the operator of the junkyard shall be
kept within such fence at all times.
E.
Whenever the junkyard is not open for business, or temporarily not
supervised, this fence, and any gate thereto, shall be secured or
locked to prevent entry.
F.
Where a junkyard or junk vehicle is or would be visible from a public
highway or from neighboring properties, the fence shall be of materials
sufficient to screen 100% of views into said junkyard from public
rights-of-way and/or residential structures. In addition, the Planning
Board shall require planting of evergreen trees or shrubbery between
the fence and road line.
G.
The junkyard shall not be used as a dump area by the public, and
there will be no burning of automobiles or other materials.
A.
All mobile food service establishments and commissaries must comply
with New York State Public Health Law § 225, Part 14-4 of
the New York State Sanitary Code. A copy of required permits shall
be furnished to the Zoning Enforcement Officer.
B.
There is no size limit to individual mobile food service establishments,
except they must meet the following requirements:
(1)
The units may only operate on an annual basis between May 1 and October
31.
(2)
Units may operate for a period of less than four days without obtaining
a permit.
(3)
The unit must be a vehicle and not require a special permit from
the New York Department of Transportation to be moved.
(4)
Mobile food service establishments must be mobile at all times during
operation. There is no requirement to move the unit at specific intervals;
however, the unit must be on wheels at all times and have no permanent
connections to any utility service, including water, sewer, natural
gas, propane or electricity.
(5)
The unit and all operations and equipment must be integral to the
unit.
(6)
Mobile food units shall contain no more than 12 cubic feet of storage.
C.
Mobile food service establishments or commissaries shall be required
to obtain a zoning permit pursuant to the requirements of this chapter.
D.
The density of mobile food service establishments shall not exceed
one such establishment per lot, and the site layout for the congregation
of multiple establishments shall provide for adequate ingress, egress,
customer parking and vehicular circulation space.
E.
A minimum of five off-street parking spaces shall be provided for
each mobile food service establishment for use by patrons.
F.
Mobile food service establishments operating within existing parking
lots shall not encumber more than 20% of the total number of parking
spaces and shall not interfere with the parking lot circulation.
A.
Access and hauling.
(1)
Management and access roads shall not be located within 50 feet of
a lot line or 150 feet of any residential structure.
(2)
Routing of transport vehicles on roads controlled by the local government
may be regulated in accordance with the State Vehicle and Traffic
Law.
(3)
All applicable load hauling permits must be obtained and active with
the New York State Department of Transportation.
B.
Mining operations.
(1)
New York State Department of Environmental Conservation regulated
mining operations. Requirements and conditions concerning setbacks
from lot lines and public thoroughfare rights-of-way, natural or man-made
barriers to restrict access, dust control, and hours of operation,
placed on the mining operation by NYSDEC as part of its permit, shall
also become requirements and conditions of the local approval.
(2)
Locally regulated mining operation.
(a)
No below-ground-level excavation of materials shall be located
within 75 feet of any road line or property line.
(b)
Where such operations are within 500 feet of a residential structure
there shall be screening (approved by the Planning Board) to reduce
visibility of the pit and eliminate noise and dust from residential
properties.
(3)
All excavation slopes in excess of one foot horizontal to two feet
vertical shall be completely fenced to prohibit entrance by children
and unauthorized individuals.
(4)
Access drives within 200 feet of the public road shall be treated
to prevent dust.
(5)
Drainage facilities shall minimize erosion and stagnant ponds.
C.
Forestry operations.
(1)
Required permits.
(a)
All relevant permits for stream crossings in accordance with
the Clean Water Act and the Rivers and Harbors Act shall be acquired
from the United States Army Corps of Engineers and the New York State
Department of Environmental Conservation (NYSDEC). Where best management
practices are utilized, there may be exemptions for certain stream
crossings.
(b)
The applicant shall comply with regulations and guidance provided
by the NYSDEC relating to residual stand densities for timber harvesting
in wetlands.
(c)
The applicant shall comply with the New York State Forestry
Best Management Practices Field Guide to ensure that road-building
and logging activities are planned and conducted in a manner that
minimizes impacts on water quality of local watercourses, water bodies
and wetlands.
The following criteria shall be utilized by the Planning Board
during the site plan review and approval process for apartment buildings,
multiple-family dwellings and townhouse clusters.
A.
Adequate provision shall be made for light, air, access, and privacy
in the arrangement of buildings.
B.
The front or rear of any principal building shall be no closer to
the front or rear of any other principal building than 40 feet.
C.
The front, rear or side of any building or accessory building shall
be no closer than 40 feet to a town, county or state highway.
D.
The front, rear, or side of any building or accessory building can
be 20 feet from interior roadways.
E.
The side of any principal building shall be no closer to the side,
front or rear of any other principal building or to interior roads
than 20 feet.
F.
The maximum number of townhouse units within a single townhouse cluster
shall be six.
G.
The maximum length of any side of a principal building shall be 180
linear feet.
H.
Any principal building 100 feet in length or more on any side shall
provide a recess or projection of the building facade of greater than
or equal to four feet, such that no single plane of any facade shall
be longer than 80 feet.
I.
No building shall be designed such that an entire facade is lacking
in windows, doors, recesses, projections or other architectural articulation.
J.
Parking areas shall be placed to the side and/or rear of buildings,
at the discretion of the Planning Board. This requirement excludes
individual townhouse dwelling unit garages, driveways and all on-street
parking areas.
K.
There shall be required one acre of lot area for each townhouse cluster.
A.
All nightclubs shall cease operation between 3:00 a.m. and 8:00 a.m.
B.
Consistent with the NYSDEC Program Policy Guideline DEP-00-1 "Assessing
and Mitigating Noise Impacts," nightclub operations shall not raise
the ambient noise level [outside of such operation] above a maximum
of 65 dBA.
C.
Noise impacts associated with nightclub activities shall not exceed
the lesser of the following, measured at a distance of 50 feet outward
from the property boundary:
D.
All nightclub uses shall be at least 500 feet from the nearest lot
line in which nightclub entertainment is not a permitted use or any
public, private or parochial school, library, park, church, playground
or other recreational facility.
E.
The use shall comply with all site, building, parking, landscaping
and other such requirements of this chapter and for the applicable
zoning district in which such use is located.
F.
The Planning Board may require parking in excess of requirements
as stated within this chapter if projected capacity justifies further
parking consideration.
Noxious uses shall not be established within 1,500 feet of any
off-premises residential structure or within 500 feet of any vacant
lot line.
A.
Outdoor activities are defined as any enterprise, operation or activity
that occurs in a covered or unroofed area as part of a permitted commercial
or industrial use on a lot and any outdoor display of materials, machinery,
vehicles or things that may or may not be for sale or rent.
B.
Nonenclosed areas for the storage and sale of seasonal inventory.
(1)
These spaces shall be permanently defined and screened with walls
or fences.
(2)
Materials, colors and design of screening walls or fences shall conform
to those used as predominant materials and colors on the building.
(3)
If such areas are to be covered, then the covering shall be constructed
of permanent materials in character with and similar to the colors
and materials on the principal building.
(4)
This section shall not apply to temporary seasonal sales uses that
have valid temporary use zoning permits.
(5)
The following shall apply to outdoor sales:
(a)
Storage area shall be permanently defined and screened with
walls or fences.
(b)
The sales and storage area, including all areas within the defining
walls or fences, shall be limited to 25% of the gross area of the
lot for the primary use. Combined, they cannot exceed the maximum
lot coverage of 35%.
(c)
At the discretion of the Planning Board, temporary tents, canopies
and tarps shall be permitted.
(d)
Setbacks for any sales and/or storage area shall be the same
as required for buildings.
(e)
One parking space shall be provided for each employee employed
within the outdoor sales area.
A.
Saw mills producing up to 50,000 board feet of product per year are
permitted as an accessory use to an approved use within AR and MED
Districts only.
B.
All saw mills conducted as a principal use on a lot regardless of
annual output or location shall be required to obtain site plan approval.
C.
All saw mill activities shall be conducted further than 200 feet
from the nearest adjacent residential structure unless contained within
an approved enclosed structure meeting requirements of this chapter.
A.
Self-storage storage facility.
(1)
All activities associated with the on-site retail sales of storage
services, including the lease of fixed, individually secured and self-contained
storage lockers or rooms, must occur within a permanent, approved
and permitted structure on property owned, operated or otherwise legally
controlled by the lessor of said retail storage services.
(2)
The minimum lot area shall be one acre, with self-storage buildings
required to uphold a setback of 150 feet from the New York State Department
of Transportation rights-of-way. All other buildings or structures
on site shall meet the setback requirements for the respective zoning
classification.
(3)
Rental storage units shall be used for storage only. Retail activities,
storefronts and office activities shall be allowed on site and may
be connected to the storage facility. No storage of perishable items
or live animals shall be permitted.
(4)
All storage shall be inside an enclosed building; however, any incidental
outdoor storage, such as parking for automobiles, trucks, buses, motorcycles,
and highway and nonhighway recreational vehicles, must be shown on
the site plan, and it shall be screened with walls or fences as determined
by the Planning Board.
(5)
The setback requirements for outdoor storage areas shall be the same
as required for buildings.
(6)
See the appropriate zoning classification for dimensional and design
standard regulations, unless otherwise stated in this section.
(7)
Vehicle access shall be designed so as to accommodate auto, van,
light-duty trucks and other two-axle vehicles. Internal site circulation
lanes shall be adequate in dimensional cross-section, width and turning
radii, where applicable, to provide for the maneuverability of fire
trucks. Adequate access shall be determined by the Planning Board
in consultation with the Highway Superintendent and Fire Districts.
(8)
The building spacing must allow for a fire apparatus access lane
as required by the New York State Building Code and be designed according
to AASHTO standards to accommodate all types of vehicles maneuvering
through the entire site.
(9)
Decorative buffers and screening in accordance with the appropriate
zoning classification shall be provided for aesthetic and security
purposes along all site property lines which are contiguous with residentially
developed and/or zoned properties.
(10)
A front and side yard landscape buffer 15 feet in depth from
the property line shall be provided to screen storage areas, except
where adjoining development prohibits views to the rear of the property.
(11)
In instances where development prohibits views to the rear of
the property, landscaping and buffer requirements for the applicable
zoning classification shall be determined at the discretion of the
Planning Board.
(12)
Storage unit doors shall be screened from visibility from public
streets to the maximum extent practicable.
(13)
One parking space shall be provided for each employee, plus
one for every 200 retail storage units. Refer to the appropriate zoning
classification for additional requirements. Vehicle parking shall
be for customers and employees only while they are on the site.
B.
Temporary portable storage units.
(1)
Such units can only be used for the temporary on-site storage of
personal property owned, operated or otherwise controlled by the lessee
on real property owned, operated or otherwise controlled by the lessee
within the permitted time period until such portable storage unit
is removed.
(2)
The lessee of the portable storage unit shall obtain a zoning permit.
(3)
For residential and agricultural uses, a maximum of two temporary
portable storage units shall be permitted per lot at the same time.
(4)
For nonresidential and nonagricultural uses, up to 10 temporary portable
storage units shall be permitted per lot, provided that said units
are located to the rear of the building and screened from public areas.
(5)
Except as provided in Section § 158-55(B)(8) below, temporary
permits shall be for a period of six months. Application may be made
for one renewal period not to exceed six months in duration.
(6)
The zoning permit can be renewed under extenuating circumstances,
but in no way shall the storage units become permanent.
(7)
To the maximum extent possible, temporary portable storage units
shall be located inside or in rear yards away from public roadways
and residential uses.
(8)
A temporary portable storage unit shall be allowed for 60 days on
a residential or commercial construction site when granted a zoning
permit.
(9)
Exceptions include the storage of leased units containing personal
property of the lessee completely enclosed within a permanent building
having four opaque walls and a roof on real property owned, operated
or otherwise controlled by the lessor. Any such activity, use or building
shall be approved pursuant to the requirements of this chapter and
shall not be deemed an accessory use.
(10)
The lessor of the unit does have care, custody or control of
the customers' goods.
(11)
Unleased temporary portable storage units shall be screened
from view from public areas.
A.
Motor vehicle storage, wrecker, and equipment uses include, but may
not be limited to, the following uses:
B.
In addition to all regulations as described in § 158-44, the following regulations shall apply to uses indicated in § 158-56:
(1)
The minimum lot area shall be one acre, with a setback of 300 feet
from the New York State Department of Transportation right-of-way.
(2)
No facility shall be located within 25 feet of any adjoining residential
property line (except that belonging to the owner of the vehicle wrecking
and salvage yard) or within 200 feet of an adjacent residential building.
(3)
There must be erected and maintained a six-foot-high fence around
the facility adequate to prohibit the entrance of children and others
into the area. The Planning Board may waive the requirement of fencing
where topography or other natural conditions effectively prohibit
the entrance of children or others.
(4)
Where a facility would be visible from a public highway or from neighboring
properties, the fence shall be of wood or other materials sufficient
to completely screen the facility from view. In addition, the Planning
Board shall require planting of evergreen trees or shrubbery between
the fence and the road line. Refer to the design standards for buffers
and screens for the appropriate zoning classification.
(6)
The amount of vehicles, equipment and materials on any given lot
shall not exceed a maximum of 50% of the gross lot area.
Recreational vehicle parks shall be regulated to the standards set forth for manufactured home parks pursuant to § 158-117, with the following exceptions and additions:
B.
Additions:
(1)
Recreational vehicle parks shall be required to obtain site plan
approval from the Planning Board.
(2)
An overnight recreational vehicle site shall be a minimum 1,500 square
feet in size, and 2,500 square feet shall be provided for longer-term
vacation camping sites. The site size shall not include roadways,
park open space or any utility areas.
(3)
The owner or manager of a recreational vehicle park shall maintain
an office in the immediate vicinity of the park and shall maintain
accurate records of the names of park residents, home addresses and
types of vehicles. These records shall be available to any law enforcement
official or the Zoning Enforcement Officer.
(4)
All recreational vehicle parks shall meet with the requirements of
Chapter I, New York State Sanitary Code, Part 7, Subpart 7-1, Temporary
Residences and Mass Gatherings, which is adopted herein by reference
and shall be subject to any other Town requirements.
(5)
Manufactured homes shall not be parked permanently in any recreational
vehicle park except for the owner/operator.
(6)
Access to all sites shall be consistent with the standards set forth
in Policy and Standards for Entrances to State Highways, as revised,
published by the State of New York Department of Transportation.
(7)
The minimum campsite area shall be 20 feet in width and 40 feet in
length.
(8)
Each parking space in a recreational vehicle park shall be improved
with gravel or better covering, as approved by the Planning Board,
in order to maintain a dust- and mud-free condition.
(9)
Adequate numbers and locations of restrooms and shower facilities
shall be provided, with appropriate parking areas adjacent thereto.
(10)
Refuse collection areas shall be provided in key locations throughout
the park or campground, with provisions for screening and refuse separation
for recycling containers and collection.
(11)
All utilities shall be placed underground.
(12)
A secondary emergency exit shall be provided and properly signed.
