Town of Eden, NY Use Regulations

Purpose of the Mixed Use Districts.

The Town of Eden's 2010 Comprehensive Plan recognizes the community's desire to maintain its historic rural farm-village character, provide for enhanced walkability, and support a vibrant economic and neighborhood environment. The traditional community character presented within the Town is of paramount importance to the provision of these elements. A key component of this land use classification conveys the important role that well-designed, publicly accessible open spaces play in creating and organizing high-quality higher-density residential neighborhoods, even in a rural setting. Such spaces, be they a park or simply a well-designed Town street that invites the public to stroll its length, can ensure that higher-density housing is sensitively knitted to the larger fabric of the Town. As shown in the Future Land Use Plan within the Comprehensive Plan, the largest area of lands classified as mixed uses are concentrated in the center of Town and the northeast portion of the Town. The main street characterization described in § 225-12A(5) provides the desired state for the corridor and relates directly to those elements discussed in the Plan.

As such, two distinct Mixed Use Districts have been established to provide specific site and building design guidelines to promote desired key characteristics in the hamlet, including multistory buildings, a consistent building edge, inviting ground floor facades, and a mix of uses and architectural styles handed down to the Town through history. The MU areas of the Town contain a mix of spaces and uses, meant to evolve over time, at their own pace building-by-building, in response to changing lifestyles and needs. While similar in many aspects, the Mixed Use 2 (MU-2) District reflects the higher density and more village-like qualities currently found in the hamlet; the Mixed Use 1 (MU-1) District encompasses a larger area and is slightly less dense by comparison. Another key characteristic is the area's close proximity to established, residential neighborhoods. Areas of the Town classified as an MU Zone consist of both existing higher-density residential areas and areas that have been identified as appropriate for residential development in the future.

Mixed Use Zoning Districts established. The Town of Eden Mixed Use (MU) Zoning Districts are hereby established as depicted on the Town's Zoning Map. The regulations described herein establish the desired development pattern, form, massing, density, site layout and architectural detailing for the MU Districts. Given the varied context of the surrounding neighborhoods, there is a need for clear standards that meet the goals and objectives of the community while allowing for flexibility and creativity. These regulations provide the necessary framework for high-quality development and flexible design alternatives.

Conflicts and compliance with other regulations. All development must continue to maintain compliance with all applicable codes and regulations, including, but not limited to, the Building Code of New York State, which shall supersede where conflicts exist with the MU Districts. These regulations shall supersede where conflicts exist with the remaining chapters of the Code of the Town of Eden.

Applicability, review, approval and permit process. The MU Districts regulations shall apply, in whole or in relevant part, to all applications commenced from the date of adoption by the Town of Eden Board of Trustees.

These regulations shall apply to all proposed actions within Mixed Use District 1 and Mixed Use District 2, which include one or more of the following activities:

New building construction;

Installation of new curb cuts on any public street;

An increase of the gross building square footage of the lesser of 30% or 500 square feet;

A change or addition of facade materials and/or design greater than 200 square feet (only §§ 225-12F and 225-12G shall be applicable);

Installation of new signage (only § 225-12H shall be applicable);

Any expansion, substantial modification or substantial reconstruction of parking lot or driveway footprint (only § 225-12E shall be applicable);

Changes to parking, loading and service arrangements or access management such as entry/exit, cross access, or circulation (only §§ 225-12B and 225-12D shall be applicable);

Installation of landscaping features (only § 225-12E shall be applicable);

Installation of above-grade utilities [only § 225-12C(4) shall be applicable]; and

Existing single-family and two-family structures within the MU Districts are not required to adhere to these design standards.

Operation of a home occupation within the MU Districts [See § 225-12A(6).] shall conform to § 225-4 and any other applicable regulations.

The review and approval of applications under these design standards shall conform to § 225-30.

Design objectives. The design objectives presented below were derived from the Town's Community Plan, and are included to assist with the interpretation and administration of the regulations described in § 225-12B through H.

Maximize transparency between the sidewalk and building interior.

Design attractive and engaging buildings that address the public realm on all visible sides.

Provide urban-appropriate landscape and hardscape areas designed as integral features of the land use.

Improve pedestrian experience and safety through the provision of public amenities, such as ample sidewalks, buffer landscaping, seating, public art and crossing aids.

Promote multistory buildings to improve the corridor's urban form and street presence.

Locate parking behind, beneath or within structures to retain a pedestrian level streetwall.

Encourage shared parking facilities and cross access between privately owned parking facilities.

Provide pedestrian-scaled lighting proportional to the site and building served.

Design the scale and style of architecture to complement the valued historic forms of the Town.

Promote a build-to line that strengthens the streetwall.

(k)

Favor pedestrian safety and experience while balancing the needs of the automobile.

List of district uses. The following is a listing of district uses for the Mixed Use (MU) Districts in the Town of Eden. A variety of uses is permitted in the Mixed Use 1 and Mixed Use 2 Districts in accordance with the regulations contained herein, unless specifically noted below.

Nonpermitted uses.

Adult stores/entertainment.

Auto sales.

Automotive services new/fueling station/automotive wash station (allowed by special use permit in MU-1).

Used equipment vehicle rental and sales.

Cemetery.

Requires a special use permit (provide terms of use).

Artisan manufacturing.

Fueling station.

Automotive wash.

Home occupation (not the principal use of the property).

Private parking.

Uses listed as nonpermitted in these districts, but in existence prior to the date of adoption of § 225-12 will be considered nonconforming uses subject to the regulations of § 225-12 of the Town of Eden Municipal Code.

(7)

Building and area requirements.

Table 1 Summary of Building and Area Requirements
Building or Area Requirement	Regulation	Reference Standard in § 225-12
Front yard building setback	0 to 20 feet on street; 11 to 20 feet with approved public open space on street; 0 to 20 feet on other streets	Subsection B(2)(a)[3]; Subsection B(2)(a)[4]
Side yard building setback	0 to 20 feet combined width without driveways; 45 feet maximum with side yard driveway	Subsection B(2)(a)[8]; Subsection B(2)(a)[9]
Rear yard building setback	20 feet minimum where lot abuts district boundary	Subsection B(2)(a)[5]; Subsection F(2)(a)[9]
Parking/driveway setback	5 feet minimum side yards; 5 feet minimum rear yards; 10 feet minimum from right-of-way in side yards	Subsection D(2)(a)[1] and [2]
Building height	Minimum two usable stories; 36 feet maximum	Subsection F(2)(a)[6] through [10]
Building transparency	40% minimum between 3 feet and 10 feet above grade for first floors	Subsection F(3)(a)[3]

Site planning and design.

Overview. Site planning standards primarily address the organization of a project's components, such as building orientation, setbacks, circulation and the relationship of site elements (Figures 1 through 4). The location of buildings and site features and the organization of circulation patterns for vehicles and pedestrians are critical to the design and provision of a pedestrian-friendly atmosphere that is visually appealing, safe and convenient for all users. High-quality site design along the street places structures close to the street line and parking areas to the rear, with a focus on creating a sense of place and an environment that fosters strong interaction between pedestrians, buildings and the street.


Site planning and design standards provide guidance on several topics related to the placement and orientation of buildings, entrances, parking, pedestrian connectivity and circulation patterns. When appropriately combined, these elements foster a vibrant and pedestrian-friendly environment, as reflected in Figures 1 through 4.

Building orientation and setback. Buildings should preserve the streetwall and define boundaries of public, semipublic, and private space.

MU-1.

Buildings located on a primary street shall be oriented such that the facade facing the street is substantially parallel to said street.

At least 75% of a building's primary facades, measured in linear feet of distance parallel to the right-of-way, shall meet the required setback distance as described below.

Buildings on a primary street shall have a front setback within a range of zero feet and 20 feet from the right-of-way line or the average setback of existing principal structures on adjacent parcels within 200 feet, whichever is lesser. The Planning Board may allow an additional setback footage to permit the construction of dedicated public realm amenities or the construction of building overhangs. See Figure 5.

Appropriate

As depicted in Figure 5, front yard setback distances may vary between zero feet and 20 feet, which may be extended at the discretion of the Planning Board where outdoor dining or other pedestrian-focused amenities are to be located.

In no instance shall the front plane of any principal structure on a primary street, not including overhangs, be greater than 20 feet from the right-of-way line.

(Reserved)

Buildings fronting on two or more streets shall be determined to have an equal number of primary facades unless said street is classified as an alleyway (Figure 6).

Appropriate

Figure 6 depicts a single, large property on which two structures are built, each sharing a parking area in the rear. This concept also provides a common pedestrian network and plaza space that connects each building entry with the common parking lot and the street.

Buildings on corner lots shall be setback from each street the minimum distance practical to afford adequate sight distances for motorists and pedestrians as determined by New York State Department of Transportation highway standards.

Side yards with parking and driveways shall not be more than 45 feet of total width. See Subsection D(2)(a)[2].

Lots without driveways shall have a maximum side setback of 20 feet of combined width for both side yards. Side yard setbacks are encouraged to be zero feet where permitted by the New York State Building Code.

MU-2. See Mixed Use 1 (MU-1) standards.

Lots with multiple buildings. Large development projects comprised of multiple structures shall create a unique sense of place.

MU-1.

Lots with multiple buildings shall include pedestrian connections between adjacent uses, structures and parking areas (Figure 6).

Multiple buildings shall create a well-organized, accessible and functional site. The site layouts should create a unique sense of place without large parking lots devoid of landscaping or pedestrian accommodations (Figure 7).

Appropriate

Figure 7 details a rear view of the shared parking complex as part of a larger development project with multiple buildings. The arrangement of the parking area and landscaping elements are covered in Subsections D and E, respectively.

Common or shared parking facilities and access for projects with multiple buildings shall be required to the extent practical or feasible, as determined by the Planning Board, to decrease the amount of impervious surface, increase open space and reduce curb cuts.

MU-2. See Mixed Use 1 (MU-1) standards.

Appropriate

Figure 8 depicts a primary entrance along the primary street in the Village of Hamburg, that is well-defined and provides a clear visual cue to pedestrians on where to enter the structure.

Building entry. Buildings shall be accessible from a primary street.

Figure 9 identifies placement of entrances along the primary street (red arrows) that are important to the development of streetscape rhythm, and provide a sense of scale and comfort to pedestrians as they traverse the corridor.

MU-1.

A primary entrance shall face the primary street. (See Figures 8 and 9.) A side or rear entry shall also be permitted depending on the site layout.

The placement of building entrances shall be of a similar rhythm and spacing to existing structures on the same street. (See Figure 9.)

Buildings fronting on two streets shall have a primary entry on either the primary street or at the corner facing the intersecting streets.

Primary entries shall receive design considerations, details, and treatments consistent with primary facades, and shall meet the standards set forth in § 225-12G(5).

Primary entrances shall be prominently designed and constructed to provide visual cues to pedestrians independent of site or building signage. [See Figure 8 and § 225-12G(5).]

MU-2. See Mixed Use 1 (MU-1) standards.

Sidewalks. Sidewalks shall provide safe pedestrian movement along buildings and within parking areas.

Appropriate

Figure 10: Sidewalks are critical infrastructure required to establish a sense of place and a pedestrian-friendly environment. Sidewalk connections between and alongside buildings (1) are required to make rear-loaded parking feasible.

MU-1.

Inappropriate

Figure 11 example depicts: (1) a lack of sidewalks from parking stalls to a primary entry; (2) a missed opportunity for a pedestrian connection to the street; and (3) a lack of connectivity between adjacent parking lots.

Sidewalks shall have a minimum width of five feet, six feet for communicating sidewalks, or wider at the discretion of the Planning Board.

Sidewalks shall be constructed with side parking to provide access from all principal building entrances to the sidewalk system and parking areas (Figures 10 and 11).

All sidewalks adjacent to driveways and parking lots shall be curbed to separate pedestrians and vehicles.

As necessary, sidewalks shall traverse parking lot medians, end islands and between buildings to permit safe and efficient pedestrian travel (Figures 10 and 11).

Sidewalks abutting a public street shall be constructed of poured concrete. Other sidewalks may be constructed of poured concrete, brick, or concrete pavers. Asphalt sidewalks are not permitted.

All sidewalks adjacent to streets shall be curbed to separate pedestrians and vehicles.

MU-2. See Mixed Use 1 (MU-1) standards.

Pedestrian and vehicular circulation. Pedestrians and motorists shall be afforded safe, convenient and efficient circulation.

MU-1.

Pedestrian and vehicular circulation patterns shall be designed to minimize potential conflicts between vehicles and pedestrians and to provide enhanced separation.

Safe, convenient and efficient pedestrian circulation patterns shall be provided between structures in a multiple structure development. [See § 225-12B(3) and Figure 12.]

Appropriate
	Figure 12: Pedestrian zones and vehicular circulation patterns should be distinctly separated for safety.

Parking and vehicle circulation patterns shall be designed to reduce speeds and increase pedestrian safety, efficiency and convenience.

MU-2. See Mixed Use 1 (MU-1) standards.

(7)

Driveways and access. The use of shared drives and cross access improves corridor vitality, mobility, and safety.

MU-1.

Shared entrances and exits shall be provided where determined appropriate and feasible by the Planning Board.

Absent a showing by the applicant of impracticality, the provision for cross access among adjacent properties shall be required to internalize traffic and reduce turning movements directly onto streets (Figures 13 and 14).

Appropriate

Figure 13: The provision of shared entrances (1) rather than individual drives reduces the number of turning movements onto busy corridors, and can enhance internal circulation, especially when used in tandem with cross access between adjacent rear parking lots (2).

Inappropriate

Figure 14: The arrows highlight the issues associated with individual access points and a lack of cross access between properties along primary roadways. The numerous turning movements reduces transportation safety, while the constant break in the street line hinders the rhythm of the streetscape and degrades the pedestrian experience.

New construction or improvements shall plan for, accommodate, and/or reserve land for future connections with adjacent properties to facilitate cross access.

Driveways outside the public right-of-way shall be no more than 24 feet in width.

A designated five-foot-wide side yard curbed sidewalk shall be provided between the edge of entry drives and the principal building.

Driveways shall be set back from the side lot line a distance of five feet, and from principal buildings a distance of no less than five feet, or as required for safe sight distances. Shared drives are not required to provide the five-foot side yard setback.

MU-2. See Mixed Use 1 (MU-1) standards.

Site infrastructure and facilities.

Overview.

The design and location of site infrastructure and facilities should be complementary to and appropriate for the principal structure. Where feasible, utilities should be located in side or rear yards, buried underground, and/or screened from view. Those infrastructure elements which cannot be obscured from view should be designed as an integral and aesthetically pleasing feature of the landscape or building (Figures 15 and 16). The intent of these standards is to minimize visual, noise, and other associated negative impacts of site infrastructure and facilities.

Appropriate		Inappropriate
Figure 15: Efforts should be made to integrate stormwater management into the numerous small green spaces within the urban environment adjacent to driveways and parking lots, consistent with the most current New York State Stormwater Management Design Manual.		Figure 16: The use of open water detention ponds is not an appropriate stormwater management technique for the urban environment of Eden's Mixed Use Districts.

For the purpose of § 225-12, site infrastructure and facilities shall include, but are not necessarily limited to the following:

Loading and staging areas;

Service and maintenance areas;

Refuse and material storage;

Vehicle and equipment storage (except parking);

Stormwater facilities and appurtenances; and

Aboveground utilities.

Loading, service, maintenance and refuse facilities. Views of utility, loading and refuse areas shall be obscured from adjacent areas.

MU-1.

Loading docks, bays, and staging and service areas shall be located to the rear of the structure. Side loading areas may be approved at the discretion of the Planning Board with approved screening (Figures 17 and 18).

Appropriate
	Figure 17 depicts a loading and refuse area positioned at the rear of the building, just out of view of primary pedestrian and circulation routes.

Inappropriate

Figure 18: Although this building is constructed to the street line, the loading dock (1) is facing the primary street, presenting visual disruption.

When the rear of a structure abuts a street or residential zone, loading areas shall receive appropriate screening in accordance with § 225-12E(4).

The storage and/or staging of refuse shall take place in the rear yard and shall be buffered or screened from view from parking facilities, adjacent properties and all streets.

All refuse appurtenances, equipment and containers shall be located within a four-sided enclosure constructed of the same or complementary materials found in the principal structure. Such enclosure shall be constructed to a height not less than one foot above the height of all elements within the enclosure (Figure 19). See also § 39, § 73-3 and § 74 for further regulations regarding refuse.[1]

Appropriate
	Figure 19: The above detached refuse enclosure is placed at the rear of the building and is composed of like materials as found in the principal structure.

Editor's Note: See Ch. 175, Solid Waste.

Gate access to the enclosure shall be located out of direct view from principal building entrances and adjacent residences. Gates shall remain in a closed position at all times other than during refuse pickup or delivery.

MU-2.

The staging, storage and parking of vehicles, equipment, or materials as part of a commercial enterprise shall not occur in front yards and shall be screened from view from all streets and surrounding properties.

See Mixed Use 1 (MU-1) for remaining standards.

Stormwater and green infrastructure facilities. Stormwater management and green infrastructure facilities shall enhance the aesthetic appeal of the Mixed Use Districts.

MU-1. In addition to all applicable requirements provided in § 112-28,[2] the installation of any stormwater management facility in the MU District shall be subject to the following:

Stormwater detention or retention ponds are not permitted in front yards.

No stormwater detention facility shall have a permanent pool, and the use of riprap and stone fill is not permitted.

Stormwater management facilities shall be integrated into the overall site design.

The use of subterranean storage for stormwater runoff is encouraged where practicable.

The provision of fencing around stormwater facilities is prohibited, unless the Planning and Architectural Review Board determines that such fencing provides a positive design element.

Where practicable, the use of green infrastructure design elements, such as, but not limited to, bioswales, rain gardens, bioretention areas, porous pavements, green roofs, and other measures which promote the infiltration, transpiration, and evaporation of stormwater runoff shall be encouraged (Figures 20 and 21).

Appropriate
	Porous pavements are encouraged to further facilitate infiltration and slow stormwater runoff. These materials are especially useful along the periphery of parking areas and/or adjacent to bioretention areas (below).

Appropriate
	Figure 21: Where appropriate, bioretention areas and bioswales similar to the above may be used to promote the infiltration of stormwater. These installations would be appropriate in parking lot medians or in linear strips along drive aisles or behind parking lots in lieu of large, unsightly retention facilities.

All stormwater management facilities and green infrastructure facilities shall provide a pleasing aesthetic complementary to the character of the hamlet.

All green infrastructure design elements, including plantings and pavements, shall be regularly maintained to promote their proper and intended function.

Editor's Note: See Ch. 177, Stormwater Management.

MU-2. See Mixed Use 1 (MU-1) standards.

Utilities. Aboveground utilities should be a positive element within the overall design aesthetic.

MU-1.

Where feasible, utility service connections from rights-of-way or easements shall provide subterranean connections to site structures and appurtenances, including, but not limited to, principal structures, garages, storage buildings, and site lighting.

Aboveground utility service connections, appurtenances shall be located in side yards or rear yards and screened from view from the street as necessary (Figures 22 and 23). This includes, but is not limited to, generators, transformers, vaults, hotboxes, switch-gear, meters, valves, compressors, pumps, control or service panels, or any heating, ventilation and cooling equipment. See also § 225-12E(4).

Appropriate

Figure 22: When required to be placed within view of the public, ground-mounted utility boxes should be screened or designed as an integral element within the site.

Inappropriate

Figure 23: Ground-mounted utility boxes such as that depicted in Figure 23 shall be placed in rear or side yards with appropriate screening.

MU-2. See Mixed Use 1 (MU-1) standards.

Fueling facilities. Fueling facilities shall enhance the needs of the Mixed Use Districts as the density of growth.

Appropriate

MU-1.

Except as permitted pursuant to xxx.xx, no part of any building used as a public garage, filling station/pump and/or associated service appliances shall be erected within 25 feet of any boundary line of any R District.

Fueling station canopies and/or island covers shall be no greater than 20 feet in length parallel to the roadway.

No part of any building used as a public garage, filling station/pump and/or associated service appliances shall be erected within 10 feet of any building line unless within a building.

Reference § 225-12E for screening and buffer regulations.

MU-2: not allowed.

Parking.

Overview and applicability. Parking areas should be integrated design components that do not detract from the character of the Town. Parking areas shall be located to the rear of structures and away from the street, except where the placement in side yards may be determined acceptable by the Planning and Architectural Review Board due to site constraints. Section 225-12E(2) through E(4) is intended to minimize visual, environmental, noise, safety and other associated impacts of parking facilities by regulating their placement, design, and buffering. (See Figures 27, 28 and 29.) These standards apply to any parking lot and associated driveways that are newly constructed; substantially modified; or substantially reconstructed. For purposes of this section, "substantial modification" shall mean any change or configuration of parking spaces, traffic flow patterns, or manner of ingress or egress. "Substantial reconstruction" shall mean the removal and replacement of more than 25% of the existing paved surface.

Appropriate	Inappropriate	Inappropriate
Figure 27: Parking lots located in the rear of buildings connected to the primary street via dedicated walkways improve the vitality of the streetscape and preserve the appearance of the districts.	Figure 28: Vehicular parking in front yards detracts from the overall character of the streetscape and the pedestrian experience.	Figure 29: Large, front-loaded parking lots and buildings with deep setbacks foster a development pattern out of scale with the Town.

Parking. Parking areas shall be located outside of front yards.

MU-1.

Vehicular parking, standing, loading and dropoff facilities shall be located in rear yards whenever possible and not less than five feet from the rear property boundary or five feet from a side property boundary (Figures 30 and 31). Existing parking lots located in the front of a building may not be expanded.

Appropriate

Vehicular parking lots shall be placed in the rear of the structure. In limited instances, side yard parking will also be permitted subject to conditions and approval as determined by the Planning Board {Subsection D(2)(a)[2]}.

Inappropriate

Figure 31: Front-loaded parking is not permitted for structures along Main Street. Projects with multiple structures, some of which may be located in the rear of the lot, may have front-loaded parking on those rear-lot structures only.

Upon demonstration of significant site limitations by the applicant, the Planning Board may allow side yard parking behind a line extending from the primary building facade parallel to the street. In no instance shall side yard parking lots be less than 10 feet from a street right-of-way or five feet from a side lot line (Figure 32).

Appropriate

When side yard parking is permitted, parking shall not constitute more than 30% of the total lot frontage (1) The minimum front yard setback distance for side yard parking is 10 feet, and the parking shall be setback further than the leading edge of the building (2) A screen composed of fencing/wall and vegetation must also be installed between the parking lot and public right-of-way.

For corner lots, side yard parking shall be allowed subject to all other applicable regulations governing side yard parking.

Appropriate

Figure 33: Side yard parking screens shall include a formalized structure that matches the character and materials of the primary building, along with vegetation to buffer the negative visual impacts of parked cars on the Main Street corridor.

Side yard parking shall require the installation of appropriate screening between the parking lot and street, as determined by the Planning Board (Figure 32 and 33).

Parking lot screens shall be composed of a structural screen and/or vegetation. Screen materials shall be similar or complementary to those found on the primary building [Figures 32 and 33, § 225-12E(4)].

For sites proposed with multiple structures, parking shall be centralized and shared in parking rooms of no more than 50 cars.

Off-street parking spaces shall be provided at a minimum of 1.5 spaces per 1,000 square feet for nonresidential leasable area.

A minimum of 1.5 off-street parking spaces per dwelling unit shall be provided for residential uses rounded upwards to the nearest whole number.

MU-2. See Mixed Use 1 (MU-1) standards.

Landscaping.

Appropriate

Figure 34: The effective use of plant material helps define a sense of enclosure and volume in outdoor spaces. Plant material should not overpower the surrounding landscape or buildings, and should be of a similar scale and height to structures within the district at maturity.

Overview. Urban appropriate landscaping and hardscaping should enhance and screen views along the street. The intent of § 225-12E is to maximize the visual, aesthetic, and pedestrian experience of street corridor users through the use of appropriately scaled and designed landscaping. This subsection shall also cover the mitigation of visual impacts through the buffering or screening of utilitarian site and building design elements. In addition to § 225-12E of the design standards, § 225-31 of the Eden Code shall also apply unless indicated otherwise. Standards in Subsection E(1)(a)[1] through [5] determine the overall amount of planting material to be provided for the landscaping, buffering and screening of individual sites, buildings, and parking areas in the MU Districts.

MU-1.

One planting unit equals one mature shade tree, two minor deciduous trees, two evergreen trees, five shrubs, 10 perennials, 250 square feet of ground cover or 15 linear feet of decorative planters.

A minimum of one planting unit shall be required for each 30 linear feet, or fraction thereof, of lot frontage along a street; and for each 500 square feet, or fraction thereof, of building coverage.

At the discretion of the Planning Board, the retention of existing vegetation on-site may be utilized to satisfy up to 50% of required planting units.

Each existing mature shade tree with a trunk diameter of six inches or greater when measured at breast height (dbh) may satisfy the requirement for up to two planting units. Other existing trees on site with a trunk diameter between two inches and six inches (dbh) may satisfy requirements for up to one planting unit each.

Existing vegetation must be adequately protected during and after construction, and must survive a minimum of two years beyond the completion of construction activities to qualify as required planting units.

MU-2. See Mixed Use 1 (MU-1) standards.

Site landscaping. Urban appropriate landscaping and hardscaping shall enhance and screen views along the street.

Appropriate

Figure 35 depicts appropriate frontage landscaping with appropriately scaled plantings, signage and lighting.

MU-1.

Site landscaping shall be required along all property boundaries, except: where side yards are less than three feet; where front yards are less than six feet; or where approved shared parking lots adjoin abutting properties. {See § 225-12E(4)(a)[1] and [2].}

Plantings shall be limited to species native, hardy, salt-tolerant, known to be noninvasive to the area, and deer-resistant. Significant deviations from this criteria must by supported by ample evidence by the applicant.

Inappropriate

Figure 36: Plantings that overwhelm the location due to size or habit look unkempt, contribute to a decrease in pedestrian safety and an increase in property maintenance costs. The plantings in Figure 36 are much too large for front yards in the Main Street corridor.

Consideration shall be given during species selection to the mature form, habit, and size of vegetation to ensure plantings do not create safety hazards within the district.

MU-2. See Mixed Use 1 (MU-1) standards.

Foundation landscape treatments. Foundation landscape treatments provide a transition between the building and site.

MU-1.

Front yards setbacks of less than six feet in depth shall be paved with hardscape materials to provide an extension of the sidewalk and pedestrian zone to the building facade. Such front yard treatments may be required of other properties along the street at the discretion of the Planning Board.

Durable containers and permanent landscape planters shall be used in front yards less than six feet in depth or in other instances where appropriate landscaping cannot otherwise be obtained given site constraints.

The design and material selection for containers and landscape planters shall be complementary to the architectural style of the principal building. The use of plastic planters is not permitted.

MU-2. See Mixed Use 1 (MU-1) standards.

Buffers and screens. High-quality and sensitive viewsheds shall be preserved through appropriate buffering and screening.

Appropriate

Figure 37: The above structural screen utilizes masonry columns and fencing to provide a visual and physical buffer between a sidewalk and parking area.

MU-1.

Buffer plantings of coniferous/deciduous trees and shrubs, with fencing where appropriate, shall be provided along property boundaries adjacent to properties zoned or exclusively used for residential purposes to a density and height deemed appropriate by the Planning and Architectural Review Board.

Appropriate

Figure 38: Landscape screen vegetation should not be taller than the structure screen, and should provide added interest and visual buffering.

Parking in side or rear yards [See § 225-12E(2).] shall be screened from streets or adjacent residential properties with attractive landscaping and fencing.

Existing parking lots along front yard setbacks shall be screened from streets or adjacent residential properties with landscaping and or attractive fencing.

The use of individual coniferous trees without associated shrub plantings is not an approved buffer strategy.

MU-2. See Mixed Use 1 (MU-1) standards.

Architectural consistency.

Overview.

Appropriate

Figure 39: The creation of a consistent streetwall is an important design element for pedestrian-friendly and comfortable environments. In addition, enhanced transparency on store frontages, and the repetitive rhythm of the entryways creates a vibrant and active streetscape.

These design standards seek to preserve and enhance the architectural character of the Town of Eden and ensure that development is consistent with the surrounding landscape of the Town. New construction, building additions, rehabilitations, and/or renovations, must complement the Town's traditional architecture and improve the experience for pedestrians and motorists. The Town does not seek strict uniformity amongst structures, nor the precise re-creation of historic styles. However, sufficient care and attention must be provided to building design concerning proportion, massing, style consistency, solid-to-void ratios, rhythm, pedestrian scale and detailing such that overall building composition is in harmony with itself, the site and its surroundings.

Section 225-12F provides standards for the following:

Building form and massing;

Commercial character; and

Residential character.

Adherence to these standards will provide a comfortable, enjoyable, and aesthetically pleasing environment within the Mixed Use Districts. The use of familiar building forms, massing, architectural styles, and details is required to complement the Town's valued historic character.

Building form and massing. Buildings must be consistent in form and massing with Town character.

MU-1.

New construction must relate to the proportion, massing, and scale of surrounding valued historic forms.

These standards do not require the precise re-creation of historic styles. Contemporary interpretations in correct proportion, character and style can be utilized to strengthen the identity of new buildings.

Appropriate

Figure 40: This recently constructed building relates to historical style, form, massing and materials, yet is not a precise re-creation of historic design. Its design is focused on providing an appropriate scale that reinforces the surrounding pedestrian realm.

Appropriate

Figure 41: Larger building footprints along the street shall break up the facade treatment to provide visual distinction, variety, and the appearance of multiple structures, as seen above in the above image.

In instances where the front facade is greater than 50 feet in width, delineations and treatments, such as a recess or projection that varies the depth of the building wall, shall be used to break up its appearance.

Appropriate

The added height of the first floors for structures in Figure 42 provides continuity and adds a sense of prominence to the lower levels of the buildings.

Structures shall incorporate fascias, canopies, arcades, setbacks, recesses, projections or other design features to compose wall surfaces of 600 square feet or less to avoid large, undifferentiated walls.

New construction and additions fronting on the primary street shall be a minimum of two usable stories, with an overall maximum height of 36 feet.

Inappropriate

New building construction and building additions fronting on the primary street shall be maximum height of 36 feet.

Inappropriate

Figures 43 and 44 depict buildings that are inappropriate within the Mixed Use Districts. Although Figure 43 depicts a building at the street line, the height and lack of window rhythm and detailing is unappealing. The structure in Figure 44 has many positive components, including a significant amount of transparency. However, its height and front yard parking are not desirable for the Mixed Use Districts.

For buildings with multiple storefronts, there shall be a direct correlation between the delineations of interior tenant spaces and exterior facade treatments.

MU-2. See Mixed Use 1 (MU-1) standards.

Commercial building character. Commercial buildings must allow for the mixing of uses in upper stories.

MU-1.

New construction, building renovations, and building additions shall complement the traditional rural architecture of Western New York State.

Buildings shall have a solid-to-void ratio created by window openings and wall surfaces that is consistent with the valued historic forms found in the hamlet. A similar or complementary ratio shall be provided or maintained on existing structures upon renovations or changes in building use.

All new or renovated commercial buildings with frontage on public streets shall provide areas of transparent glazing equal to or greater than 35% of the wall area between the height of four feet and 10 feet from the ground.

Tinted glazings that reduce transparency of first floors shall not count towards the minimum transparency requirement. [See also § 225-12 G(3).] Low thermal emissivity coatings do not constitute tinting.

Commercial buildings shall provide visual distinction between the first floor and upper floors through the use of appropriate architectural elements, details, materials and/or color.

Illustration of standards.

Appropriate

Figure 45: Renovation and modernization has allowed these Main Street buildings to complement the historic character while providing design cues for future projects, including new builds, maintaining the charm of active storefronts and prominent entrances {Subsection F(3)(a)[1]}.

Appropriate
	Figure 46: The contemporary modernization development seen in the above figure provides a consistent solid-to-void ratio and street level transparency appropriate for Main Street in Eden {Subsection F(3)(a)[2] and [3]}.

Appropriate
	Figure 47: This new building borrows historic design elements and details, yet is not a strict re-creation of an existing historic building. Structures such as this are appropriate in scale, massing and style for the Main Street corridor {Subsection F(3)(a)[1]}.

Appropriate	Inappropriate
Structures such as those found in Figures 48 and 49 do not relate to or complement the traditional architecture of Main Street {225-12F(3)(a)[1]}.

Inappropriate
	Additions such as that depicted in Figure 50 do not relate to the existing building, and shall be avoided {Subsection F(3)(a)[1]}.

Inappropriate
	The elimination of windows (Figure 51) is not appropriate for the adaptive reuse of existing structures {Subsection F(3)(a)[2]}.

Inappropriate
	Figure 52 depicts an appropriate adaptive reuse of historic structures which retain the commercial storefronts and appropriate transparency along the primary facade {Subsection F(3)(a)[2] and [3]}.

Appropriate
	Figure 53 depicts a subtle, yet effective, use of architectural details to provide visual distinction between the first floor and upper stories while maintaining transparency {Subsection F(3)(a)[3] and [5]}.

Appropriate

Figure 54 provides an appropriate example of new development that is in scale with its surroundings, successfully utilizes historic design cues from traditional architectural styles, and differentiates the first floor from upper stories. {Subsection F(3)(a)[1] and [4]}.

MU-2. See Mixed Use 1 (MU-1) standards.

Residential building character. Residential buildings shall have a distinct character compared to their commercial counterparts.

Appropriate

Figure 55: Residential development, such as the example above, shall provide a visually distinct style from that found in adjacent commercial buildings. The placement of building entrances, fenestration and the use of materials shall complement surrounding development and the character of the corridor. Residential building entrances shall face the primary street and have a direct connection to the sidewalk system {§ 225-12F(4)(a)[5]}.

MU-1.

The standards set forth in § 225-12F(3)(a)[1] and [2] shall apply to residential use buildings (Figure 55).

Inappropriate

Figure 56: The structure in Figure 56 does a poor job of addressing the street, and building entrances are not pronounced. This building does not evoke a residential appearance, and provides a stark building wall against the street line {§ 225-12F(4)(a)[4]}. The architectural style of this building is also not appropriate for Eden.

Fire escapes shall be located on side and rear yards only.

The enclosure of existing front porches, other than through the use of transparent glazing, is not permitted. Window and door openings shall not be filled in such that the resulting facade lacks a consistent solid-to-void ratio.

New construction shall not create large, undifferentiated walls with few to no windows or door openings facing a street, drive or parking area (Figure 56).

Principal and shared pedestrian entrances for ground floor residential units shall face the primary street and have a direct connection to the sidewalk system (Figure 55).

Individual residential units with principal entrances at ground level shall have front porches or entryways that are covered, elevated above grade, or otherwise distinguished to provide visual separation from the street. (See Figure 55.)

MU-2. Mixed Use 1 only.

Architectural details.

Overview.

Architectural details shall complement and enhance overall building composition, and shall be appropriate to the style and character of the building, the site, and the surroundings (Figure 57). A lack of architectural detail and ornamentation leaves the building devoid of interest (Figure 58), an over abundance of which creates a confusing and jumbled appearance. The use of details shall be kept consistent with buildings of a similar architectural style, yet should also be utilized to supply a unique identity for the structure. For example, window and door trim should call attention to and accentuate openings without dominating or confounding the building facade.

Appropriate		Inappropriate
Figure 57: Architectural details such as cornice lines, pilasters, and recessed windows finish a building facade and are extremely important in developing a sense of place and strengthening the identity of the Mixed Use Districts as a vibrant and active community center.		Figure 58: A lack of architectural detail coupled with the improper utilization of building materials and design proportions can reduce the visual appeal and economic value of structures within the Mixed Use Districts.

Section 225-12G provides standards for the following:

Building base and foundations;

Building glazing;

Roofs, cornices and overhangs;

Doors and entryways; and

Building materials.

Applicants shall utilize the treatment of windows, entrances, awnings, storefronts and building bases to ensure the structure makes a prominent statement without overpowering the Mixed Use Districts.

Building base and foundations. The building base shall visually highlight the connection between the structure and the site.

MU-1.

A formal building base shall be distinguished from the upper portions of the structure through a change of materials, color, texture and/or projection (Figures 59 and 60).

Appropriate

Figure 59: Although subtle, (1) the highlighting of the building base anchors the structure to the site, and provides visual distinction between the ground plane and the structure {§ 225-12G(2)(a)[1]}. Material selection shall complement the architectural style of the building and those materials commonly found within the region {§ 225-12G(2)(a)[4]}.

Inappropriate

Figure 60: The building facade shall not abruptly end at the sidewalk (1). The building shall have a base of material that anchors the structure to the site {§ 225-12G(a)[1]}.

The base treatment shall be continuous along facades facing streets and parking areas (Figure 59).

The building base shall be included on all primary facades, and shall complement the architectural style and window and door fenestrations.

Foundations of masonry block or poured concrete shall not be left exposed, and shall be adorned with appropriate finishing materials in character with the structure base and vernacular to the region.

MU-2. See Mixed Use 1 (MU-1) standards.

Windows. Windows shall be used to add transparency, interest, and rhythm to the building facade.

Appropriate

Figure 61: This structure provides a high-quality example of building-appropriate window proportions, trim details, building base and solid-to-void ratios {§ 225-12G(3)(a)[1], [2] and [3]}.

MU-1.

Windows shall be of a scale, proportion and extent appropriate to the overall architectural style of the building.

Window openings shall be trimmed with an appropriate material (brick, stone, wood, wood-like, cementitious board) to provide added definition to the overall facade.

Masonry conditions need lintels.

The rhythm and ratio of solids to voids for building additions and expansions shall be similar to those of the region's valued traditional rural/historic forms.

At street corners, public spaces and along pedestrian walks, commercial building storefront windows shall wrap the building corner and provide enhanced transparency and added architectural interest to the first floor.

Appropriate

Figure 62: The wrapping of primary storefront windows around the corner of a building (1) enhances the pedestrian experience and adds a higher level of architectural character and detail to the structure {§ 225-12G(3)(a)[5]}.

MU-2. See Mixed Use 1 (MU-1) standards.

Roofs, cornices, eaves, overhangs and parapets. Roofs and cornices are crucial components of the building facade.

MU-1.

Elements that define the roof and the upper quartile of the facade shall incorporate design details that provide an added level of detail and articulation to the architectural expression of the building (Figures 63 and 64).

Appropriate

Figure 63: The upper quartile of each structure in Figure 63 provides a high level of detail and ornamentation which caps the structure, while the lower quartile of such structure also defines the break between the ground floor and upper stories {§ 225-12G(4)(a)[1] and [4]}.

Inappropriate

Figure 64: The building in Figure 64 does not provide any meaningful architectural detail at the roofline, nor do the scale and proportion of the existing design elements complement the surroundings {§ 225-12G(4)(a)[1]}.

The choice of design elements and their scale, height, proportion and mass should draw from design cues provided by the historical character of the hamlet.

Rooflines shall be in character with the overall architectural style of the building and those vernacular to Western New York State. For example, gable, gambrel, mansard, shed, and hip roofs are common within the region.

Cornices shall be used to differentiate and enhance the vertical composition of the building facade (Figure 66).

Appropriate

Figure 66: These structures have continuous cornice and trim lines, and provide a high-quality rhythm to the streetscape {§ 225-12G(4)(a)[4]}.

The use of awnings, canopies, recessed entries and other design elements is encouraged to define the first floor and provide shelter to entryways (Figure 65).

Appropriate

Figure 65: Awnings are a high-quality design element that define the purpose and volume of outdoor spaces. They also add visual variety and distinction to building facade components {§ 225-12G(4)(a)[5]}. The building in Figure 65 also displays a significant amount of transparency and the successful use of a cornice to differentiate the first floor from upper stories.

Overhangs and canopies should be architecturally consistent with or complementary to the remainder of the building.

Parapets and false roofs are recommended be utilized to obscure the view of rooftop mechanical equipment when viewed at ground level from the opposite side of the Main Street corridor or adjacent districts. The use of fencing, lattice and similar materials to screen rooftop mechanical equipment by Planning Board is permitted.

MU-2. See Mixed Use 1 (MU-1) standards.

Building doors and entries. Entries shall provide a welcoming experience for building patrons.

MU-1.

All entries shall be designed as an important feature and visual cue of the building facade.

Appropriate

Figure 67: This entrance possesses a sense of importance and draws visitors from the sidewalk into the structure {§ 225-12G(5)(a)[1]}. The lack of transparency into the structure is balanced by the level of architectural detail and selection of materials.

Doors and entryways shall be of a scale, proportion and coverage appropriate to the overall style of architecture of the building.

Commercial buildings shall have a transparent primary entry that will be considered as part of the overall transparency requirement for the building frontage. {See § 225-12F(3)(a)[3].}

Primary entries shall be detailed and highlighted through the use of trim, moldings, overhangs and/or other defining architectural features such that its purpose as the primary entrance is evident from the street. Similar treatment is encouraged for all entryways near parking locations.

Appropriate

Figure 68: The active and transparent storefronts seen in Figure 68 utilize a recessed entry to provide visual distinction and a visual cue on where to enter the structure {§ 225-12G(5)(a)[4]}.

MU-2. See Mixed Use 1 (MU-1) standards.

Building materials. Building materials shall evoke the character, style and purpose of the structure.

MU-1.

Along street frontages, all exterior building walls and structures shall be constructed with durable materials such as masonry, stone, metal, brick, and finishing wood.

Changes in materials shall occur at inside corners. Material or color changes at the outside corners or within a plane is not permitted.

Primary facade materials shall be wrapped onto secondary facades for a distance of no less than 10 feet or that which is architecturally consistent with building fenestration.

Standard masonry block walls are prohibited on any primary facade.

Exterior finishing materials for renovations, additions, and rehabilitations shall be consistent with those being retained on existing and adjacent traditional structures.

Inappropriate

Figure 69: The use of inappropriate materials and finishes (1) diminishes the visual quality of the structure and adjacent buildings. In this example, although the structure has a high-quality storefront, the use of vinyl siding over what was likely masonry construction reduces the overall appeal of the building.

The following materials or systems shall not be utilized on finished building or signage exteriors:

Direct-applied finish systems (DAFS);

Vertical aluminum or metal siding;

Vinyl siding (permissible on residential buildings in MU-1; not permissible on a multifamily new build);

Standard block and EIFS not permissible as primary building material;

[e]

T111 siding;

[f]

Glass block;

[g]

Spandrel glass or glass curtain walls.

Exterior insulation finish. Exterior insulation finish systems (EIFS) shall not be utilized as a primary building material, but may be utilized, at the discretion of the Planning Board, as a decorative or complementary material on upper stories only.

MU-2. See Mixed Use 1 (MU-1) standards.

Lighting.

Overview.

Lighting is a critical design element that provides safety, visual cues, and aesthetic appeal to the building and its surroundings. Within the MU Districts, lighting shall be utilized to illuminate building entrances, signage, and parking areas, while also providing for subtle accents of building architecture and site landscaping. The scale and height of lighting fixtures have a significant impact upon their function and effectiveness. Within the MU Districts, streetlighting should be pedestrian in scale and height, and appropriately spaced to provide sufficient illumination for the street and sidewalk (Figures 70 and 71). New development should follow this standard by keeping fixtures and poles in scale and character with the site and adjacent uses, while also providing the illumination to only those areas intended. The prevention of light pollution spilling beyond property boundaries is of paramount concern to mixed-use districts that support both commercial and residential uses.

Appropriate		Inappropriate
Figure 70: The use of period lighting fixtures with enhancements such as banners and flower hangers is appropriate for the Mixed Use Districts.		Figure 71: The above light fixture is inappropriate in scale and height for this pedestrian application.

Section 225-12H includes the following standards:

Site lighting;

Building lighting;

Accent lighting; and

A gallery of fixtures.

Site lighting. Site lighting shall improve the safety and visibility of parking lots and pedestrian zones.

MU-1.

Lighting shall be designed such that poles, fixtures, ornamentation and materials are of a pedestrian scale and height, and provide for a safe pedestrian experience.

Fixture heights shall be between eight and 20 feet in height, with shorter poles along sidewalks and pedestrian zones, and taller poles within parking areas.

Fixtures shall be dark sky compliant. Light trespass into adjacent noncommercial areas shall not exceed 0.1 footcandle in intensity.

Amber hue lighting, such as high-pressure sodium fixtures and others of equivalent performance, is not permitted.

Lighting fixtures shall be directed away from adjacent structures and property boundaries.

Fixture mounting height, direction and intensity shall be determined based on the minimum requirements necessary to efficiently and safely illuminate the area.

MU-2. See Mixed Use 1 (MU-1) standards.

Building lighting. Enhanced building lighting shall be placed at building entrances and other pedestrian areas.

MU-1.

Building-mounted lighting shall be of a style complementary to the architectural character of the building and surroundings.

Building-mounted lighting shall be utilized primarily for safety and security lighting at entryways, utility and loading areas, and other areas approved by the Planning Board.

Standards in Subsection H(2)(a)[3] and [4] and H(4) shall also apply for building-mounted lighting.

Wall-pack style lighting fixtures shall not be placed upon primary facades facing Main Street.

MU-2. See Mixed Use 1 (MU-1) standards.

Accent lighting. Accent lighting should be used to complement and highlight unique architectural features.

MU-1.

Standards in Subsection H(2) and H(2)(a)[4] shall also apply for accent lighting, including both ground- and building-mounted fixtures.

The use of neon accent lighting is not permitted.

Building accent lighting shall be discrete in nature and of the same color and a lesser intensity than other building-mounted lighting.

Accent lighting shall focus on highlighting architectural details or elements rather than the illumination of entire facades or walls.

MU-2. See Mixed Use 1 (MU-1) standards.

Lighting gallery.

Appropriate	Inappropriate
Full cutoff fixtures	Drop lens and sag lens fixtures with exposed bulb
Fully shielded wallpacks and wall-mounted fixtures	Unshielded wallpacks and wall-mounted fixtures
Fully shielded period style or contemporary fixtures	Unshielded period style or contemporary fixtures
Full cutoff streetlights	Unshielded streetlights
Shielded/properly-aimed PAR floodlights	Unshielded or poorly shielded streetlights
Lit bollards	Single tube fluorescent fixtures
Goose-necks, soffit, and lantern-style

§ 225-13 Agricultural uses.

Lot and building/bulk regulations.

Regulation	District
Regulation	AP	RR	MFR	R2	LI
Minimum Lot Area (Acres)
Public water/sewer	5	5	—	5	—
No public water/sewer	5	5	—	5	—
Minimum Lot Frontage (feet)	300	200	—	125	—
Minimum Building/Structure Setbacks (feet)
Front	50	50	—	50	—
Side (each)	35	35	—	35	—
Rear	35	35	—	35	—
Minimum Accessory Building/Structure Setbacks (feet)
Front	50	50	Not permitted in front yards
Side (each)	35	50	—	50	—
Rear	35	50	—	50	—
Maximum Lot Coverage	35%	35%	—	35%	—
Maximum Building Height (feet)
Principal building	35	35	—	35	—
Accessory buildings/structures	35	35	—	35	—

District-specific supplemental use regulations. Those supplemental regulations that are applicable to all districts are found in Article VI.

Commercial farming. Operations and accessory uses thereto shall have no stable or similar animal housing or the storage of manure or other odor- or dust-producing substance or use, except spraying and dusting to protect vegetation, within 50 feet of any lot line.

Livestock and animal husbandry. The keeping, breeding and raising of cattle (including dairies), sheep, goats, pigs and horses and rental of horses shall be on lots a minimum of 20 acres or more. The keeping, breeding and raising of fowl shall be on lots a minimum of five acres or more.

§ 225-14 Residential uses.

Lot and building/bulk regulations.

Regulation	District
Regulation	AP	RR	MFR	R2	LI
Minimum Lot Area (Acres)
Public water/sewer	4	1	2	0.33	200
No public water/sewer	4	2	—	0.75	—
Minimum Lot Frontage (feet)	300	200	300	75¹ 125²	—
Minimum Building/Structure Setbacks (feet)
Front	50	40	50	30	—
Side (each)	35	25	35	5	—
Rear	35	35	35	20	—
Minimum Accessory Building/Structure Setbacks (feet)
Front	Not permitted in front yards
Side (each)	35	35	35	5	—
Rear	35	35	35	20	—
Maximum Lot Coverage	20%	35%	75%	75%	—
Maximum Building Height (feet)
Principal Building	35	35	35	35	—
Accessory Buildings/Structures	35	35	35	35	—
Minimum Size Primary Residence	900 SF

Notes:
¹ 75 feet with water and sewer.
² 125 feet without water and sewer.

District-specific supplemental use regulations. Those supplemental regulations that are applicable to all districts are found in Article VI.

Accessory dwelling units. The following apply to permitting accessory dwelling units (ADU) on legally filed, compliant lots:

Maximum permitted per lot: one detached ADU per lot or one attached ADU per lot.

Bulk regulations. Setbacks, lot coverage, building coverage, and other bulk regulations shall be applicable to the lot, including any/all ADUs.

Principal dwelling. There shall be a legally permitted, owner-occupied principal dwelling upon each lot on which an ADU is proposed.

Design. The design of the ADU shall be complementary to the principal dwelling in size, scale, and design. The Zoning Officer shall refer the building/site plan to the Planning Board for further review and recommendations as needed. ADUs shall be located in rear or side lots if adequate space exists.

ADU size. Each ADU shall have a minimum livable area of 800 square feet (SF) in size.

Parking/Access. A minimum of one parking spot per ADU is required, whether a dedicated space or provided within the existing lot if sufficient space currently exists. An existing driveway access may be utilized for the ADU.

Water/Wastewater. The ADU shall be provided with public utility service(s) as they exist, with a separate meter for the dwelling. For lots with private utilities (water and/or sewer and/or gas), the applicant shall be responsible for providing proof that sufficient capacity exists for wells and septic systems to handle additional loads to the satisfaction of the Zoning Officer. Proof shall certify both the adequacy of design and the effective operation of the system. Expansions or modifications to sanitary systems shall be designed and certified by a NYS licensed professional engineer.

Temporary group housing. Dormitory-style accommodations for housing migratory agricultural workers, provided that such premises are constructed in conformance with the New York State Multiple Residence Law and are not occupied for more than eight months in any calendar year.

Multiple-dwelling units. Multiple dwellings are classified as conventional multiple dwellings and townhouse multiple dwellings. Conventional multiple dwellings consist of a structure or group of structures containing dwelling units with common floor and ceilings (one unit above another) as well as one or more party walls. Townhouse multiple dwellings have no common floor or ceilings, with one or more party walls opposite one another. Townhouse multiple dwellings may be developed on one lot or may be developed on individual subdivided lots in accordance with Subsection B(3)(e) herein.

Multiple-dwelling developments shall be serviced by approved public sewage disposal facilities and public water supply.

Multiple-dwelling structures shall be set back not less than 50 feet from any lot line; however, the Planning Board may reduce such setbacks to not less than the requirements for semi-attached dwellings for townhouse multiple dwellings where such setbacks will aid in blending the development into the neighborhood.

Not less than 1,000 square feet of usable recreation area per unit will be immediately accessible to the multiple-dwelling structures.

No multiple dwelling shall contain more than three bedrooms or other areas convertible to bedrooms. The total number of bedrooms in conventional multiple dwellings divided by the total number of dwellings shall not exceed 2.2. The total number of bedrooms in townhouse multiple dwellings divided by the total number of dwellings shall not exceed 3.0.

Townhouse multiple dwellings may be subdivided on individual lots, subject to the provisions of § 280-a of New York State Town Law on lots with a minimum lot size of four times the floor area of the dwelling. Subdivisions of townhouse multiple dwellings shall be in accordance with Chapter 184, Subdivision of Land, and shall be conditional on approval of the site plan and issuance of the certificate of occupancy of each unit. No subdivision of townhouse multiple dwellings shall be filed prior to issuance of the certificate of occupancy of all units within a structure.

Recreation fees-in-lieu, pursuant to Chapter 184, Subdivision of Land, and the Town's adopted recreation fee schedule shall be payable at the time of site plan approval for all multiple-family development projects. Such fees may be waived or reduced where recreation areas meeting the requirements for municipal recreation areas are provided by the developer.

Access to and egress from the proposed development shall be to a street classified as a collector or arterial as set forth on the Official Map of the Town of Eden. Such entrances and exits shall be at least 100 feet from any intersection and shall have at least 300 feet of sight distance in both directions.

No building shall be located within 100 feet of any pond, reservoir, lake or watercourse which is part of a water supply system.

The Town Board may allow an additional 10% of apartment units which shall be designed for and the occupancy of which is restricted to persons 60 years of age or greater. Such units shall consist of no more than one bedroom.

Multiple-dwelling developments shall be buffered from surrounding conventional residence areas by landscaping and fencing areas occupying the required yards.

(k)

Multiple-dwelling structure design features.

No multiple-dwelling structure shall be longer than 160 feet.

No roofline of any structure will exceed 80 feet without a vertical break of at least 5% of the building width.

No face of any multiple dwelling shall consist of less than two planes interrupted by a distance of at least 10% of the building width for each four units contained therein.

No structure shall be closer than the height of the higher building wall. Distance between buildings shall be such that the northernmost building shall receive sun at the lowest window elevation of a dwelling unit for 46 weeks each year (sun angle computation).

Provision for enclosed storage of garbage shall be provided.

For each two-bedroom or larger unit provided, one child play space (seat, apparatus or play space) shall be provided conforming to the standards of the American Playground Association.

In addition to the standards for landscaping set forth in § 225-31, the grounds and vicinity of buildings shall be provided with decorative landscape materials with an equivalent value of two months' projected rental of the project.

Construction materials, in addition to conformance with the Building Code of the Town of Eden, shall be of a color and texture characteristic of the adjacent residential development.

Exterior lighting along walks and near buildings shall be provided utilizing architectural-grade equipment and shall not exceed 0.9 footcandle measured at ground level.

[10]

Dwelling units shall be so designed and arranged in buildings as to ensure a minimum of three hours of sunlight at one window of each unit per day. No units with full northern exposure shall be permitted.

[11]

Walks shall be provided throughout the development area that will ensure that drives shall not be required for pedestrian circulation.

§ 225-15 Commercial, industrial and institutional uses.

Lot and building/bulk regulations.

Regulation	District
Regulation	AP	RR	MFR	LI
Minimum Lot Area (Acres)
Public water/sewer	4	2	—	0
No public water/sewer	4	2	—	0
Minimum Lot Frontage (feet)	300	250	—	0
Minimum Building/Structure Setbacks (feet)
Front	50	30	50	0
Side (each)	35	35	35	10
Rear	35	35	35	20
Minimum Accessory Building/Structure Setbacks (feet)
Front	Not permitted in front yards
Side (each)	35	50	50	10
Rear	35	30	50	20
Maximum Lot Coverage	35%	50%	80%	80%
Maximum Building Height (feet)
Principal Building	35	35	35	35
Accessory Buildings/Structures	35	35	35	35

District-specific supplemental use regulations. Those supplemental regulations that are applicable to all districts are found in Article VI. All uses herein are subject to performance standards in Article VI, § 225-28.

Sports and recreation uses. Recreational uses listed below, whether in private or public ownership and other than accessory to single-family residential use, shall be subject to the following regulations:

Swimming pools shall be classified and located as follows:

Type of Pool (class)	Maximum Area (square feet)	Minimum Setback From Any Property Line (feet)
A	Over 3,500	175
B	2,501 to 3,500	150
C	1,501 to 2,500	125
D	801 to 1,500	100
E	800 or less	Refer to § 225-35.1.

All recreational facilities shall comply with the following minimum setback requirements:

Type of Facility	Minimum Setback From Any Property Line (feet)
Handball courts	100
Basketball courts	60
Baseball diamond (not outfield)	100
Volleyball courts	60
Concession stands	100
Casino buildings	100
Concentrated picnic areas (tables, barbecue pits, etc.)	100
Outfield relative to baseball or softball	50
Parking areas	25
Picnic grounds (not improved)	50
Games normally involving fewer than 10 people, such as horseshoe pits, nature trails, etc.	50
Golf course fairways, disc/frisbee golf, miniature golf, or related activities	50
Tennis courts	40

Lighting. If outdoor lighting is provided for any of the foregoing recreational facilities, including swimming pools, which permits the use of the facilities after 10:00 p.m., the applicable setback requirements for such facility shall be doubled. All lighting shall be located so as not to be visible at the source from any adjoining property. Floodlights on poles not less than 75 feet from any property line directed toward the center of property and shielded from any nearby residential areas shall be deemed to comply with the latter regulations.

Noise. Public address systems or any other amplified noises are subject to separate permit of the Town Board.

Use of pool. The maximum number of families permitted to use any swimming pool shall be the area in square feet of the swimming pool divided by 10. Any portion of a pool designed to hold less than two feet of water in depth shall not be included in total pool area set forth in Subsection B(1)(a).

Buildings. All structures shall be of a permanent nature.

Vacation camps and summer colonies.

Vacation campgrounds and summer colonies are a special permit use consisting of a tract of land designed exclusively for overnight and short-duration vacation, providing facilities for tents, camp trailers, motor homes, recreation activities, administration, public health and safety. There shall be no more than one campsite for every 15,000 square feet of lot area.

In addition to uses specified above, summer cottages and bungalows may be allowed. Each such accommodation unit shall require 40,000 square feet of camp area and shall be on sites of not less than 10,000 square feet. Covenants acceptable to the Town Attorney shall be filed on such areas precluding year-round residence in such cottages and bungalows or precluding sale or occupancy of such bungalows for other than the uses set forth herein.

Minimum frontage: 200 feet of frontage on state or county highway. Where a parcel of land does not have 200 feet of frontage on a state or county highway, minimum frontage of 50 feet may be permitted for use as an easement for gaining access to a larger parcel that would otherwise meet the requirements of the special permit use. The front yard of such a parcel shall begin at the point where a line running parallel with the state or county highway equals 200 feet.

Minimum spacing between campsite pads: 80 feet (extremity to extremity).

Water supply. The site shall be serviced by a municipal or private water system. A minimum rate of 200 gallons per day per site shall be provided at a minimum pressure of 20 pounds per square inch at peak demand. An adequate supply of potable water shall be provided within 250 feet of all campsites. One water spigot with soakage pit or other disposal facilities shall be provided for each 10 campsites without water facilities. Other water sources supplied to toilets and urinals shall not be physically connected with the drinking supply or be available for public use.

Sewage disposal. The site shall be provided with a municipal or approved private sanitary sewage disposal system.

Toilets. Only flush toilets shall be provided.

Women: one toilet per five sites.

Men: one toilet per 10 sites.

A minimum of two toilets for each sex shall be provided.

Lavatories or other hand-washing facilities shall be provided at a ratio of one for each 15 sites (without water and sewage hookups) for each sex.

Showers. One shower for each 15 campsites shall be provided. Each shower must be served with hot and cold or tempered water between 90° F. and 110° F. Two showers must be provided for each sex.

Dishwater disposal. One dishwater disposal facility shall be provided for each five campsites or provided in connection with each toilet facility.

Sewage treatment facility. The design shall be based on the water supply design flow plus infiltration and approved by the Town Engineer and State Department of Health. At least one travel trailer sanitary dumping station shall be supplied for every 100 campsites or fewer. The location of septic tanks, distribution lines and disposal fields shall be as approved by the Town Engineer and State Department of Health.

Solid waste disposal. One receptacle shall be provided for each campsite.

Vehicular access. Each campground area shall be provided with two means of access from county and state roads. Sight distance at the entrance and exit must be unobstructed for a distance of 300 feet in each direction. In the event that two separate means of access cannot be provided due to a lack of adequate sight distance at the point of access or egress or due to limited frontage on a state or county highway, the Planning Board may approve an alternate design that will ensure adequate safety.

Streets. Each campground area shall provide a collector street with a minimum width of 18 feet for two-way traffic and 10 feet for one-way traffic. As a minimum, the street shall be constructed with a gravel base with adequate drainage and a water-bound macadam surface as approved by the Town Engineer. Radius of curvature shall be 50 feet minimum. Grades shall not exceed 12%.

Parking. A level space of 14 feet by 50 feet shall be provided for each campsite, within which a strip of 10 feet by 50 feet shall be constructed, as a minimum, with a gravel base and water-bound macadam surface. Pull-through trailer and motor home parking spaces of 45° shall be constructed, as a minimum, with a gravel base and a water-bound macadam surface.

(k)

Sufficient exterior illumination of the site shall be required to provide convenience and safety. All such illumination shall be shielded from the view of all surrounding properties and streets.

(l)

The entire site, except for areas covered by structures or service or parking areas, shall be suitably landscaped. All landscaping shall be approved by the Planning Board and properly maintained after planting.

(m)

All campground sites shall be screened from the view of adjacent properties and adjoining public highways by means of an opaque screen of plant materials and/or fencing. All screening shall be approved by the Planning Board, properly maintained after placement and located within the required front, rear and side yards.

(n)

All campground sites shall provide suitable recreation area or areas on the site containing not less than 10% of the campground site and may include a suitably improved, fenced and equipped children's play area.

(o)

No permanent structures shall be permitted for use as living quarters, with the exception of the resident manager or property owner. The resident manager or a caretaker shall be on the premises on a regular basis, as determined by the Building and Zoning Inspector, to guard against vandalism during the off-season.

(p)

Recreational facilities, such as golf courses, tennis courts, swimming pools and camp recreational facilities, shall be for campsite guests only. Requirements for setbacks for recreational uses shall be as set forth in Subsection A.

(q)

Fire protection. The property owner shall ensure that adequate fire protection equipment is on the premises at all times, as recommended by the Building and Zoning Inspector and the Bureau of Fire Protection.

(r)

Public phone. Each campground shall have at least one public telephone.

(s)

Each permit issued for a campground shall be valid for a period of 24 months from the date of issue. Renewal application shall be filed with the Building and Zoning Inspector not more than 60 days prior to the expiration of the twenty-four-month period. Prior to the issuance of a renewal permit, the Building and Zoning Inspector shall inspect the campground premises for compliance with all applicable regulations. Thereafter, and within 30 days of the expiration of the twenty-four-month period, the Building and Zoning Inspector shall submit a report, in writing, to the Town Board. The Board shall automatically renew the permit unless it finds a substantial failure to comply with these regulations reported by the Building and Zoning Inspector. In the event that the Board finds that there has been a substantial violation of these regulations, then it shall hold a public hearing to determine the renewal of the permit.

(t)

Fees. An application fee in accordance with the Standard Schedule of Fees of the Town of Eden shall be paid prior to site plan approval. The fee shall be renewable upon expiration of the campground permit.

(u)

Performance bond. A performance bond, maintenance bond or both, as determined by the Town Board, shall be provided to ensure the proper installation and maintenance of public improvements.

Adult uses.

ADULT BOOKSTORE or ADULT VIDEO STORE

Definitions. As used in this subsection, the following definitions shall apply:

ADULT ARCADE

Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically or mechanically controlled still or motion-picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by depicting or describing specified sexual activities or specified anatomical areas.

An establishment which, as one of its principal or significant purposes, offers for sale or rental for any form of consideration, or which designates a portion or section for the display or sale of any one or more of the following:

Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videocassettes or video reproductions, slides or other visual representations which depict or describe specified sexual activities or specified anatomical areas; or

Instruments, devices or paraphernalia which are primarily intended, labeled, designed, advertised or promoted for use in connection with specified sexual activities.

An establishment may have other principal or significant business purposes that do not involve the offering for sale or rental of material depicting or describing specified sexual activities or specified anatomical areas and still be categorized as "adult bookstore" or "adult video store" if one of its principal or significant business purposes is the offering for sale or rental for consideration the above-specified materials which depict or describe specified sexual activities or specified anatomical areas. For purposes of this definition, "principal or significant business purpose" shall mean 25% or more of any of the following:

The number of different titles or kinds of such merchandise;

The number of copies or pieces of such merchandise;

The amount of floor space devoted to the sale and/or display of such merchandise; or

The amount of advertising which is devoted to such merchandise, either in print or broadcast media.

ADULT CABARET

An establishment which regularly features:

Persons who appear in a state of nudity; or

Live performances which are characterized by the exposure of specified anatomical areas or specified sexual activities; or

ADULT MOTION-PICTURE THEATER

Films, motion pictures, videocassettes, slides, or photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

ADULT MOTEL

A hotel, motel or similar establishment which offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas; and has a sign visible from the public right-of-way which advertises the availability of this adult-type of photographic reproductions.

An establishment where, for any form of consideration, films, motion pictures, videocassettes, slides or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

ADULT THEATER

A theater, concert hall, auditorium or similar establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.

ADULT USE AND ENTERTAINMENT ESTABLISHMENTS (also referred to herein as "ADULT-ORIENTED BUSINESSES")

An establishment, or any part thereof, which presents any of the following entertainment, exhibitions or services: topless and/or bottomless dancers; strippers; topless waitresses or waiters, busing or similar service; topless hair care or massages; service or entertainment where the servers or entertainers wear pasties or G-strings or both; adult arcade; adult bookstore or adult video stores; adult cabarets; adult motels; adult motion-picture theaters; adult theaters; escort agencies; nude model studios; and sexual encounter centers. Adult use and entertainment establishments customarily exclude minors by reason of age.

ESCORT

A person who, for a fee, tip or other consideration, agrees or offers to act as a date for another person; for consideration, agrees or offers to privately model lingerie for another person; for consideration, agrees or offers to privately perform a striptease for another person; or, for consideration but without a license granted by the State of New York, agrees or offers to provide a massage for another person.

ESCORT AGENCY

A person or business association who or which furnishes, or offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip or other consideration.

MASSAGE PARLOR

Any place where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments or any other treatment or manipulation of the human body occurs as part of or in connection with sexual conduct or where any person providing such treatment, manipulation or service related thereto exposes specified anatomical areas or engages in specified sexual activities.

NUDE MODEL STUDIO

Any place where a person who appears in a state of nudity or displays specified anatomical areas is regularly provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay money or any form of consideration, other than as part of a course of instruction offered by an education institution established pursuant to the laws of the State of New York.

NUDITY or STATE OF NUDITY

The appearance of specified anatomical areas.

PERSON

An individual, proprietorship, partnership, corporation, association or other legal entity.

PORN SHOP

Any establishment engaged in the sale or promotion of sexual acts or behavior as in writing, photographs and other materials depicting sexual acts or behavior designed to stimulate erotic feelings.

SEMINUDE

A state of dress in which clothing covers no more than the specified anatomical areas, as well as portions of the body covered by supporting straps or devices.

SEXUAL CONDUCT

Includes the following.

The fondling or touching of human genitals, pubic region, buttock or female breasts;

Ultimate sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation and sodomy;

Masturbation; and

SPECIFIED ANATOMICAL AREAS

Excretory functions as part of or in connection with any of the activities set forth in Subsections [1] through [3].

SEXUAL ENCOUNTER CENTER

An enterprise that, as one of its primary or significant business purposes, offers, for any form of consideration, activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or is seminude.

Unless completely and opaquely covered, human genitals, pubic region, buttocks or breasts below a point immediately above the top to the areola; and

SPECIFIED SEXUAL ACTIVITIES

Even if completely and opaquely covered, male genitals in a discernibly turgid state.

Includes any of the following:

The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or breasts;

Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy;

Masturbation, actual or simulated; or

Excretory functions.

Legislative intent. It is the purpose of this subsection to regulate the creation, opening, commencement and/or operation of adult use and entertainment establishments, as herein defined, in order to achieve the following:

To preserve the character and the quality of life in the Town of Eden's neighborhoods and business areas.

To control documented harmful and adverse secondary effects of adult uses on the surrounding areas, such as decreased property values; attraction of transients; parking and traffic problems; increased crime; loss of business for surrounding nonadult business; and deterioration of neighborhoods.

To restrict minors' access or exposure to adult uses.

To maintain the general welfare and safety for the Town of Eden's residents.

Purposes and considerations.

In the execution of this subsection, it is recognized that there are some uses which, by their very nature, have serious objectionable characteristics. The objectionable characteristics of these uses are increased by their concentration in any one area, thereby having deleterious effects on adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhoods or land uses.

It is further declared that the location of these uses in regard to areas where Eden's youth may regularly assemble and the general atmosphere encompassing their operation is of great concern to the Town of Eden.

The intent of this subsection is to provide adult entertainment uses without compromising the character of the neighborhood.

This will be achieved through lighting being reflected away from abutting roadways and adjoining properties, and limiting these facilities to large parcels of property in order to maintain the visual and aesthetic environment, as well as provide adequate distances to protect neighbors from noise, obnoxious traffic, lights and other deleterious impacts. It is further declared that the location of these uses in regard to areas where Eden's youth may regularly assemble and the general atmosphere encompassing their operation is of great concern.

Restricted uses shall be as follows:

Adult use and entertainment establishments (aka "adult-oriented businesses").

Adult arcade.

Adult bookstore or adult video store.

Adult cabaret.

Adult motel.

Adult motion-picture theater.

Adult theater.

Escort agency.

Massage parlor.

Nude model studio.

Porn shop.

Sexual encounter center.

Special requirements. No person shall cause or permit the use, occupancy or establishment of any land, building or structure as or for a restricted use, as enumerated in Subsection (3)(d) above and defined herein unless such person shall have obtained therefor a special permit in accordance with Article X of this chapter and site plan review and approval in accordance with Article VI of this chapter, and subject to any special standards as may hereinafter be required.

Regulation of restricted uses. Restricted uses, as enumerated in Subsection (3)(d) above and defined herein, are to be restricted and regulated as to their location in the following manner, in addition to and subject to any other requirements of the Code of the Town of Eden. The special requirements itemized in this subsection are intended to accomplish the primary purposes of ensuring that any objectionable characteristics of these uses will not have a deleterious effect on adjacent areas and restricting their accessibility by and exposure to minors.

Location.

A restricted use shall not be located:

[i]

Within a 500-foot radius of any area zoned for residential use.

[ii]

Within a 1/4-mile radius of another such use.

[iii]

Within a 1,000-foot radius of any school grounds, day-care facility, library, church or other place of religious worship, park, playground, playing field or any place of business which regularly has minors on the premises.

[iv]

Within a 1,000-foot radius of any public pathway, walkway or walking path upon which minors are likely to travel.

The above distances of separation shall be measured from the nearest exterior wall of the structure containing the adult use and entertainment establishment.

Any proposed adult-oriented business shall meet all other development standards and requirements of the Code of the Town of Eden, including but not limited to lot and bulk regulations, facade and screening regulations. In the event of any conflict between the requirements of any other provisions of this chapter, including but not limited to bulk regulations, and the special requirements set forth herein, the special requirements of this regulation shall apply.

No adult-oriented business shall be permitted in any building where the majority of the floor area of the building is in residential use, including nonconforming residential use.

In addition to the required parking spaces, one parking space for each permitted occupancy of the space devoted to the use shall be provided.

Any lighting shall be arranged so as to reflect the light away from the adjoining properties and abutting roadways.

Hours of operation shall be no earlier than 7:00 a.m. and no later than 11:00 p.m.

No person under the age of 18 years old shall be permitted into the premises or onto the property of an adult-oriented business.

All yard setbacks shall be at least 200 feet.

No amplifiers or loudspeakers of any type shall be installed outside the building.

[10]

All such uses shall be subject to a special use permit and site plan approval, and the Town Board and Planning Board may impose certain terms and conditions upon the granting of site plan approval as they deem reasonable and appropriate to further the aims of this subsection.

[11]

There shall be a fifty-foot landscaped area along the entire highway frontage, except for necessary drives and sidewalks.

[12]

No site improvements shall take place within 50 feet of any adjoining residential property (parking, lighting, etc.).

[13]

These special regulations are itemized in this subsection to accomplish the primary purposes of preventing a concentration of these uses in any one area and restricting their accessibility.

[14]

No adult-oriented business shall be operated in a manner that permits or allows the observation of any material depicting, describing or relating to specified sexual activities or specified anatomical areas from any public walkways, rights-of-way or similar areas.

Limits on restricted uses. No more than one restricted use, as enumerated in Subsection (3)(d) above, shall be located on any one parcel.

Permitted zoning districts. All adult use and entertainment establishments as defined herein may only be created, opened, commenced or operated as delineated in the Planned Industrial (PI) Zoning District and are subject to the restrictions, regulations, permits and approvals set forth herein.

Display prohibited. All adult uses and entertainment establishments shall be conducted in an enclosed building. It shall be a violation to display or exhibit (in the open air, through a window, or by means of a sign, depiction or decoration), or to allow to be displayed or exhibited, any specified anatomical area or specified sexual activity.

Penalties for offenses. Any person, firm, corporation or entity found to be violating any provision(s) of this subsection shall be guilty of a violation and subject to the penalties for offenses under Article VIII, § 225-42, of this chapter.

Animal services, boarding, grooming.

Commercial animal kennels (not including stables). The harboring, boarding or training of animals, whether enclosed in a structure or on open land, and whether or not accessory to other principal uses of the land, shall be conducted in accordance with the following general standards.

In issuing the special permit for animal kennels, the permit shall stipulate the maximum number and type of animals to be boarded, harbored or trained. That number shall not exceed 10,000 square feet per 100 pounds of animal body weight characteristic of the species so harbored. The square footage of the lot area is that area of the lot not including any required yards.

Except as otherwise provided herein, all facilities shall be maintained in enclosed structures which shall be constructed and maintained in such a manner as to produce no noise, dust or odors at any property lot line. Exercise pens and runways shall not be maintained within 200 feet of any lot line, but shall be 300 feet from the front yard lot line when such line abuts a residential use or district. Notwithstanding the foregoing, in issuing a special use permit, the Town Board may allow reasonable variations from these requirements when appropriate for particular species or breeds of animals.

In considering the application for a special permit for the animal kennel use, the Town Board may consider the number, size, breed and temperment of animals to be sheltered and impose reasonable conditions to protect proximate uses, aesthetic impact and safety of the animals sheltered in order to ensure the health, safety and general welfare of the community.

Boarding/Grooming and other nonmedical animal services.

All domestic animals shall be kept either within completely enclosed structures or under direct control of the operator or staff at all times and shall be indoors between the hours of 7:00 p.m. and 7:00 a.m.

Any outdoor activities shall be short-term and within a secure, fenced-in area.

Landscaping and screening shall be provided adjacent to any residential uses.

All excrement shall be properly disposed of in receptacles.

The operation of the facility shall not allow the creation of noise by any domestic animal or animals under its care which can be heard by any person at or beyond the property line of the lot on which the facility is located repeatedly over a ten-minute period.

Medical services.

Medical services, including, but not limited to, hospitals, sanitariums, urgent care facilities, and resident homes for the aged providing medical care facilities, which are available to the residents of the Town of Eden, may be permitted by the Town Board subject to conditions and safeguards as appropriate.

If such medical service use is intended to care or treat cases of contagious or infectious diseases or those suffering from mental disorders, all structures which form such institution shall not be less than 250 feet from any property line.

In granting a special permit for such uses, the Town Board may require as a condition of approval that adequate improvements to local streets and highways be undertaken as necessary for increased traffic and in order that emergency vehicles can be properly accommodated.

No special permits are authorized under this subsection for any institution which is totally tax-exempt or not subject to appropriate fees in lieu of taxes for municipal services, including utilities, fire protection, police protection and road maintenance for means of access.

Vehicle equipment, sales and service.

Gasoline service stations. By special permit of the Town Board, gasoline service stations are permitted, provided that no plot line of any station shall be closer than 200 feet to a school, playground, church, hospital, library or institution for the elderly or children. No gasoline service station shall be permitted within 1,000 feet of any other gasoline service facility fronting on the same street or 1,500 feet from any plot line of such station to a plot line of another station.

Ingress and egress.

Ingress and egress points for gasoline service facilities shall be located a minimum of 70 feet from the intersection of right-of-way lines on a Town road and shall comply with requirements with respect to state, county or Town roads.

Entrance and exit driveways shall have a width of not less than 25 feet and not more than 40 feet, shall be located not nearer than 10 feet to any property line and shall be so laid out as to avoid the necessity of any vehicle backing out across any public right-of-way.

Vehicle lifts or pits, dismantled or unlicensed automobiles and all parts or supplies shall be located within a building enclosed on all sides.

All service or repair of motor vehicles, other than such minor servicing as change of tires or sale of gasoline or oil, shall be conducted in a building enclosed on all sides. This requirement shall not be construed to mean that the doors to any repair shop must be kept closed at all times.

The storage of gasoline or flammable oils in bulk shall be located fully underground and not nearer than five feet to any property line other than the street line, provided that the vents are 35 feet from any property line.

No gasoline pumps shall be located nearer than 20 feet to any street line.

Motor vehicle sales and service agencies. Motor vehicle sales and service agencies for the sale and servicing of new and used motor vehicles, motor vehicle accessories, recreation vehicles and farm equipment and ordinary uses incidental thereto are permitted, provided that such agency is a franchised dealer or factory-owned dealership of new motor vehicles, recreation vehicles and farm equipment and that all operations are conducted from the same site, subject to the following standards and regulations:

Entrance and exit driveways shall have an unrestricted width of not less than 30 feet and shall be located not closer than 20 feet to any buffer line and not closer than 75 feet to any intersecting street line. Said driveways shall be so laid out as to avoid the necessity for any vehicle entering the site to back out across any public right-of-way or portion thereof.

A minimum of one off-street parking space shall be required for each 600 square feet of display, sales and service area. Such parking space may be permitted in the front yard area by the Planning Board at the time of site plan review but not closer than 30 feet to the street line. Such parking space shall not be utilized for the storage of motor vehicles, except that an area for the display of new motor vehicles may be permitted by the Planning Board at the time of site plan review. No parking of motor vehicles shall be permitted within public rights-of-way.

Outdoor storage of motor vehicles, recreation vehicles and farm equipment shall be permitted only in the side or rear yards.

Within any side or rear yard, except where such abuts another motor vehicle sales and service agency, a permanent landscaped buffer 20 feet in width shall be required. Such buffer areas shall either be maintained in their natural state, if adequate ground cover is present, or landscaped in accordance with the requirements of the Planning Board at the time of the site plan review. No required parking or access shall be permitted within any required buffer area.

All service or repair of motor vehicles shall be conducted in a building fully enclosed on all sides.

Two gasoline pumps may be permitted incidental to the use of the premises, but the sale of gasoline to the general public shall not be permitted. Said gasoline pumps shall not be located in the front yard or in the required buffer areas.

The storage of gasoline or flammable oils in bulk shall be located fully underground in accordance with the approval of the Planning Board at the time of site plan review and shall not be located nearer than 35 feet to any property line other than the street line.

(7)

Industrial development. Planned industrial developments are permitted subject to the following:

Exterior walls of opposite or adjacent buildings shall be located no closer than 1.5 times the height of the higher building wall, but in no case closer than 50 feet.

Building groups shall be so located and arranged that all structures have access for emergency vehicles.

Restrictive covenants shall be imposed on the site based on the approved site plan, enforceable by all tenants of such development.

Applicable environmental standards of § 225-28 shall be strictly adhered to. All applications under this subsection shall describe in detail the procedures and equipment to be utilized and shall further indicate the anticipated characteristics of the industrial processes.

All uses, processing and storage shall be within fully enclosed structures, and no tanks, cupolas, vents or other apparatus peculiar to the processing shall be visible outside the approved buildings. The facade of buildings and structures in planned industrial uses shall be compatible with adjacent development and shall be fully landscaped. The landscaping standards of § 225-31 shall be increased 50% for planned industrial uses.

No building in planned industrial uses shall exceed 30,000 square feet of floor space.

(8)

Lodging.

Bed-and-breakfast. No dwelling unit shall be used as a bed-and-breakfast unless it is in compliance with this chapter and subject to the following regulations:

The building shall be a detached, single-family or two-family residence with a certificate of occupancy for such use.

The building shall be occupied as a principal residence by its owner during any period of time in which it is also being used and occupied as a bed-and-breakfast.

A single-family or two-family residence providing bed-and-breakfast accommodations may be located in any zoning district and shall have a minimum of four bedrooms. No separate kitchen facilities for registered guests shall be provided. In the case where an existing two-family residence is to be used as a bed-and-breakfast, a separate kitchen may be used by the owner-occupant.

In addition to the number of bedrooms occupied by the owner in connection with the residential use, the number of bedrooms available for registered guests shall not exceed five.

The number of registered guests occupying the premises at any one time shall not exceed 10.

The residence must have a minimum of two parking spaces and at least one parking space for each room to be let. When four or more parking spaces are provided, the parking area shall be screened from direct view of any adjacent residential use.

Not more than one employee shall be permitted to work on the premises at any time, and none shall be present between the hours of 11:00 p.m. and 6:00 a.m. Members of the owner's immediate family who are residents on the premises shall not be considered employees, whether paid or unpaid.

No guest may be registered for more than seven consecutive nights. The owner shall maintain a guest register and shall preserve registration records for a minimum of three years. The register and all records shall be made available for inspection by the Town of Eden or its designees at any time.

No meals except for breakfast shall be served on the premises to registered guests.

[10]

The building shall be in compliance with all applicable zoning, building, fire, electrical and plumbing codes; i.e., NYS Uniform Codes.

Short-term rental. Residential property owners may use their dwellings for short-term rentals (30 days or less) after applying for and obtaining a residential rental permit from the Zoning Office and payment of a fee as set forth by the Town Board and subject to the following:

The owner of the rental property assumes responsibility for the health, safety, and welfare of the renter(s) by assuring compliance with the appropriate fire prevention and building codes, sanitary codes, and local Town of Eden Zoning Code. Each rental dwelling shall be equipped with a functioning smoke detector and CO2 monitor, in compliance with New York State Uniform Fire Prevention and Building Code.

The owner of the rental property assumes responsibility for the conduct of the tenants so as to protect the health, safety, and welfare of the surrounding property owners and to protect the property values of the neighborhood.

The rental premises must have adequate parking, garbage facilities, occupancy, septic capacity, and a local emergency contact, as determined by the provisions in this code, and by determination of the Zoning Officer. If the Zoning Officer determines any of these requirements are not adequately addressed, or that the residential rental is in a location that may pose adverse impacts, site plan review may be required.

Septic systems. All on-site septic systems shall be clearly identified to prevent damage from cars parking or installation of equipment. Additionally, short-term rentals with inadequate septic systems, as determined by the Zoning Officer, will have reduced occupancy limitations set by the Zoning Officer and based on the capacity of the septic system that services the short-term rental, based on bedroom count.

Occupancy limitation. A short-term rental permit requires the completion of a property maintenance inspection by Zoning Officer. Occupancy limitation is based on the number of bedrooms in the short-term rental and/or the square footage of livable space in the short-term rental, and is calculated by the Zoning Officer during their property maintenance inspection, as required by this subsection and by the short-term rental permit. Each residential rental shall, at a minimum, comply with New York State Property Maintenance Code Section 404.1 pertaining to minimum square footage requirements per person, and shall not exceed any occupancy limits enforced by the Town of Eden. Additionally, short-term rentals with inadequate septic systems, as determined by the Zoning Officer, will have reduced occupancy limitations set by the Zoning Officer and based on the capacity of the septic system that services the short-term rental, based on bedroom count and a maximum of two persons per bedroom. The Zoning Officer may utilize professional consultants as necessary for occupancy determinations.

Parking. All owners of short-term rentals shall require, at a minimum, two parking spaces for the renters of the property. For every four allowable renters for a short-term rental, there shall be a minimum of one additional parking space (i.e., a rental property with 12 renters allowed must have three spaces). In no case shall the rental property allow for more than 10 cars to be parked at the property.

Requirements of owners of rental property. All owners of short-term rental property shall maintain, at the premises to be rented, the signed residential rental permit, which contains information on emergency contact persons, relevant septic system information, trash disposal information, occupancy limitations (including duration limit for short-term rentals and minimum lengths of stay for rentals over 30 days in duration), and any other pertinent information relevant to use or restrictions of the property.

Grandfathering of preexisting, nonconforming short-term residential rentals. Short-term residential rentals located in zoning districts where the use is no longer allowed but that were in existence and known (recorded) by the Town of Eden on or before the date of the adoption of this subsection shall be grandfathered and allowed to continue as a short-term residential rental, only if:

The owner of said residential rental follows the same process for permitting of the short-term residential rental, as described in this subsection.

The property is located on a major thoroughfare street or other highly traveled road that is not conducive to privacy from vehicles or noise from traffic. Those rentals in existence on or before the date of the adoption of this subsection that are located on dead-end residential streets or cul-de-sac streets are not to be grandfathered due to the private nature and residential character of said streets.

Any grandfathered short-term residential rental shall only be allowed to continue under the same property ownership as of the date of this subsection when the residential rental was grandfathered. Any change of ownership or changes in deeds to reflect new owners shall constitute a cancellation of the grandfathered short-term residential rental status.

If the property to be grandfathered as a short-term rental is allowed to continue based on the above standards, said rental shall not accumulate more than three legitimate complaints on the property due to said rental; "legitimate" meaning a complaint that garners a violation of the Town Code or a follow-up response (not just a complaint) to the rental property from a police agency. Any grandfathered short-term residential rental that accumulates more than three legitimate complaints on the operation of the short-term residential rental shall have its grandfathered status withdrawn and the short-term residential rental shall cease.

Violations. If any of the following situations arise at a permitted property for short-term rentals, it will constitute a violation, subject to penalties for offenses (§ 225-42):

Overcrowding; excess number of people above and beyond what the Town of Eden has determined is allowed or excess number of vehicles from that which was stated and agreed upon on short-term rental permit.

Any septic violations; system failures of any kind.

Violation of any local noise ordinances.

Any instances where the police authorities are called and show up at the permitted property; i.e., out-of-control parties, domestic disturbances, fighting, noise, etc.

[e]

Any new fire code violations that arise after a permit is issued.

[f]

Any violations of garbage/littering or what was agreed upon in the short-term rental permit.

(9)

Hotels and motor lodges. These may be permitted as provided herein, subject to the following regulations:

Hotel and motor lodge units shall not contain kitchen facilities of any nature and shall not be used as apartments for nontransient tenants.

Hotel and motor lodge units shall not contain more than two rooms and shall not be connected by interior doors in groups of more than two.

An accommodation unit shall not be occupied by more than three adults at any one time.

There shall be no more than one hotel or motor lodge unit for each 2,400 square feet of site area.

Each hotel or motor lodge room shall have an area of at least 240 square feet, and a hotel or motor lodge unit including bath and closet facilities shall be not less than 300 square feet. Each hotel or motor lodge unit shall have a bath facility with shower or bath, one toilet facility and sink.

The following accessory uses shall be permitted:

One house or apartment, with or without kitchen facilities, for the use of the hotel or motor lodge manager or caretaker and his or her family.

One restaurant and/or coffee shop or cafeteria providing food and drink.

Amusements and sports facilities for the exclusive use of hotel guests, including:

Swimming pool.

Children's playground.

Tennis and other game courts.

Game or recreation rooms.

Office and lobby, provision of which shall be mandatory for each hotel or motor lodge.

Meeting and/or conference rooms.

No more than two signs shall be permitted on the site, the total area of which shall not exceed 160 square feet.

The landscaping requirements of § 225-31 shall be increased by 50% for all motor lodge development.

The exterior treatment, including colors, textures and materials, of all structures within a hotel or motor lodge development shall be muted and blended into the surrounding landscape or adjacent land uses. Lighting throughout the area shall not exceed 1.5 footcandles (reflective method) at ground level; except in the case of recreational facilities, which may be illuminated in excess of that standard, provided that opaque screening is utilized to entirely block the reflected glare of the area from adjacent uses.

§ 225-16 Accessory uses.

Lot and building/bulk regulations are provided for in each use category above.

Accessory-specific supplemental use regulations.

Agricultural accessory uses. Barns, silos and produce storage and packing warehouses, and other such similar incidental and supporting structures associated with agricultural operations, provided that such accessory buildings shall conform to the yard requirements for principal buildings.

Hobby farming. The keeping of animals as follows: not more than four horses over six months old; not more than 10 fowl; and not more than two of any other species of animal. No animal shall be maintained within 75 feet of any plot line, except dogs and cats.