Town of Eden, NY
Erie County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
A. 
Accessory buildings.
(1) 
An accessory building may be located in any required side or rear yard, provided that:
(a) 
Such building shall not exceed 15 feet in height.
(b) 
Such building shall be set back five feet from any lot line.
(c) 
All such buildings in the aggregate shall not occupy more than 10% of the area of the required rear or side yard.
(2) 
Accessory buildings constructed at the same time may be located in pairs or groups in the required rear or side yard along the common side lot line or rear lot line of contiguous lots.
(3) 
An accessory building on that portion of a lot not included in any required yard shall conform to the height regulations for principal buildings.
(4) 
Distance to street line; private garages.
[Amended 2-14-2007 by L.L. No. 1-2007]
(a) 
No accessory building shall project more than two feet nearer to the street line than the principal building on the same lot. On corner lots, the applicable street line shall refer to the street line upon which the principal building fronts. Should topographic conditions be such that practical difficulties would be caused by this requirement with respect to the location of private garages, the Planning Board may approve the erection of such private garages under the following conditions:
(b) 
If the natural slope is from 10% to 20% within 25 feet of the street line, the Board may permit a private garage not closer than 20 feet to the street line; and
[1] 
Where such slope exceeds 20%, a private garage may be permitted not closer than 10 feet to the street line.
[2] 
Notwithstanding the foregoing, on lots which are a minimum of five acres and which are located in either the Agriculture (A), Conservation (C) or Rural Residential (RR) District, an accessory building may project more than two feet nearer the street line than the principal building on the same lot, provided that applicable setback requirements and other bulk requirements of the district are not violated.
(5) 
Storage of more than one unlicensed vehicle is prohibited in any district in which dwellings are permitted except in enclosed structures complying with these regulations.
B. 
Corner lots.
(1) 
Obstruction to vision at street intersections. At all street intersections in all districts, no obstructions to vision exceeding 30 inches in height above curb level shall be erected or maintained on any lot within the triangle formed by the street lines of such lot and a line drawn between points along such street lines 30 feet distant from their point of intersection.
(2) 
Rear and side yards. On a corner lot, front yards are required on both street frontages, and one yard other than the front yards shall be deemed to be a rear yard and the other or others side yards.
C. 
Exceptions to yard requirements.
(1) 
Permitted obstructions. Cornices or cantilevered roofs may project not more than three feet into a required yard. Belt courses, windowsills and other ornamental features may project not more than six inches into a required yard. Fences or walls not over six feet in height may be erected anywhere on the lot, except as set forth in Subsection B. Fences or walls with a height in excess of six feet shall conform to the requirements set forth herein for buildings. Paved terraces, steps and walks (other than such as are needed for access to the buildings on the lot) shall not project within 15 feet of a street line or five feet of a property line.
[Amended 7-24-1991 by L.L. No. 1-1991]
(2) 
Entries and porticos. A roofed-over but unenclosed projection in the nature of an entry or portico not more than eight feet wide and extending not more than six feet out from the front wall of the building shall be exempt from front yard requirements when the building otherwise complies with all other yard restrictions of this chapter.
(3) 
Existing setback. No proposed one- or two-family dwelling need have a setback greater than the average setback of the existing dwellings within 200 feet of each side of said proposed dwelling.
(4) 
Front yards on narrow streets. On streets with less than a fifty-foot right-of-way, the front yard setback shall be measured from the center line of the existing street, and 25 feet shall be added to the front yard setback.
D. 
Uniformity of design. In order to avoid monotony of architectural design, no building permit shall be issued for the erection of a home if it is substantially like any neighboring building which is existing or for which a building permit has been issued or is being concurrently considered.
(1) 
A building shall be considered neighboring if it fronts on the same street as the building being considered and which is the first or second lot along the street in either direction or which faces the building site being considered from across the street.
(2) 
In considering those items listed in Subsection D(3), buildings shall be considered substantially alike in any dimension for which they differ by less than two feet, except 20 feet for setback differences. Buildings between which the only difference in relative location of elements is end to end or side to side reversal shall be deemed to be alike in related location of such elements.
(3) 
Buildings shall be considered substantially alike unless they differ in at least four of the following respects or dimensions:
(a) 
Setback from the street.
(b) 
Relation of a garage visible from the street to the main structure.
(c) 
Length of the main roof ridge.
(d) 
Height of the roof ridge above the first floor elevation.
(e) 
Width, measured perpendicular to main roof ridge, if the building has a gable extending from the main roof visible from the street.
(f) 
Relationship to each other of either windows, doors, chimneys or any porch in the front elevation.
(4) 
The Planning Board may waive or vary any requirement of this Subsection D where the layout of the neighborhood, road pattern, topography, natural features, views and the siting of individual structures are such as to avoid monotony of appearance despite similarity of buildings.
A. 
Height regulations. Structures such as chimneys, flues, towers and spires may exceed the height limitations of § 225-22, provided that in the aggregate they occupy not more than 20% of the roof area and that the total height is not more than 50% higher than the average building height.
B. 
Waiver of yards. No side yard or rear yard shall be required where such yard abuts an operating railroad right-of-way.
C. 
Courts. The minimum dimension of an inner court shall not be less than twice the height of all surrounding walls. However, in no case shall an inner court have a dimension of less than 30 feet. (The height of walls surrounding an inner court shall be measured from finished grade at the base thereof to the top of such wall, except that, in the case of roofs with a slope exceeding five inches vertical to 12 inches horizontal, the height shall be measured to the mean point between the top of said wall and the highest point of the roof.) The minimum dimension of an outer court shall be 20 feet, and its depth shall not exceed its width.
A. 
Off-street parking requirements. Off-street parking spaces, open or enclosed, are permitted as accessory to any use, subject to the following provisions:
(1) 
Schedule of parking requirements. Accessory off-street parking spaces, open or enclosed, shall be provided for any use as specified in Article IV. Any land which is developed as a unit under single ownership and control shall be considered a single lot for the purpose of these parking regulations. Reasonable and appropriate off-street parking requirements for structures and uses which do not fall within the categories listed shall be determined by the Planning Board upon consideration of all factors entering into the parking needs of each such use.
(2) 
Areas computed as parking spaces. Areas which may be computed as open or enclosed off-street parking spaces include any private garage, carport or other area available for parking, other than a street or a driveway. However, a driveway within a required front yard for a one-family or two-family residence may count as one parking space, other than on that portion of a corner lot which is subject to the provisions of § 225-25B(1).
(3) 
Size of spaces. Parking spaces and loading areas shall be arranged, marked and maintained as shown on the site plan approved by the Planning Board so as to provide for orderly and safe parking and loading of vehicles and to provide unobstructed access to the building or structure. Entrance and exit lanes shall not be computed as parking space except for driveways for one-family and two-family residences as set forth in Subsection A(2). Minimum parking stall width shall be 10 feet, and minimum length shall be 20 feet.
[Amended 4-23-2003 by L.L. No. 2-2003]
(4) 
Access. Unobstructed access to and from a street with internal turnaround area shall be provided. Such access shall consist of at least two ten-foot lanes for parking areas with 20 spaces or more. No entrance or exit for any off-street parking area of five or more spaces shall be located within 75 feet of any street intersection.
(5) 
Drainage and surfacing. All open parking spaces shall be properly drained, and all such areas shall be provided with a dustless surface, except for parking spaces accessory to a one-family or two-family residence.
(6) 
Joint facilities. Required parking spaces, open or enclosed, may be provided in spaces designed to serve jointly two or more establishments, whether or not located on the same lot, provided that the number of required spaces in such joint facilities shall be not fewer than the total required for all such establishments.
(7) 
Combined spaces. When any lot contains two or more uses having different parking requirements, the parking requirements for each use shall apply to the extent of that use. Where it can be conclusively demonstrated that one or more such uses will be generating a demand for parking spaces primarily during periods when the other use or uses are not in operation, the Planning Board may reduce the total parking spaces required for that use to the least requirement.
(8) 
Location and ownership. Required accessory parking spaces, open or enclosed, shall be provided upon the same lot as the use to which they are accessory or elsewhere, provided that all spaces therein are located within 200 feet of walking distance of such lot. In all cases such parking spaces shall conform to all the regulations of the district in which the parking spaces are located, and in no event shall such parking spaces be located in any residence district unless the use to which the spaces are accessory is permitted in such residence district, or upon approval by the Planning Board. Such spaces shall be in the same ownership as the use to which they are accessory and shall be subject to deed restriction, approved by the Planning Board, binding the owner and his or her heirs and assigns to maintain the required number of spaces available either throughout the existence of the use to which they are accessory or until such spaces are provided elsewhere.
(9) 
Lots divided by district boundaries. When a parking lot is located partly in one district and partly in another district, the regulations for the district requiring the greater number of parking spaces shall apply to the entire lot. Parking spaces on such lot may be located without regard to district lines, provided that no such parking spaces shall be located in any residence district unless the use to which they are accessory is permitted in such district, or upon approval by the Planning Board.
B. 
Off-street loading berths. Off-street loading berths, open or enclosed, are permitted as set forth in Article IV, subject to the following:
(1) 
Location and access. Unobstructed access, at least 10 feet wide, to and from a street shall be provided. Such access may be combined with access to a parking lot. All permitted or required loading berths shall be on the same lot as the use to which they are accessory, except as provided in Subsection B(2). No entrance or exit for any off-street loading area shall be located within 75 feet of any street intersection. No off-street loading berth shall be located in any front yard.
[Amended 3-24-1999 by L.L. No. 1-1999]
(2) 
Joint facilities. Permitted or required loading berths, open or enclosed, may be provided in spaces designed to serve jointly two or more adjacent establishments, provided that the number of required berths in such joint facilities shall not be fewer than the aggregate of all such requirements.
(3) 
Lots divided by district boundaries. When a lot is located partly in one district and partly in another district, the regulations for the district requiring the greater number of loading berths shall apply to the entire lot. Loading berths on such lot may not be located in any residence district unless the use to which they are accessory is permitted in such district, or upon approval by the Planning Board.
C. 
Parking regulations in multiple-dwelling developments. Wherever space is provided for the parking of five or more vehicles in the open, such spaces shall be individually identified by means of pavement markings. No parking space shall be located in any front yard or within 10 feet of any lot line in side or rear yards. The parking of motor vehicles is prohibited within 15 feet of any wall or portion thereof of two- or more family dwellings, which wall contains windows (other than bathroom or kitchen windows) with a sill height of less than eight feet above the level of said parking space. No service of any kind shall be permitted to be extended to users of the lot, including automobile service, repair or fueling, and no gasoline, oil, grease or other supplies shall be stored or sold in any such lot. Parking areas shall be screened by a substantial wall, fence or thick hedge approved by the Planning Board. Generally such screening shall not be less than three nor more than eight feet in height.
D. 
Regulations for parking spaces adjacent to lots in any residence district.
(1) 
Wherever a parking area of over five spaces abuts or is within 15 feet of the side or rear lot lines of a lot in any residence district, said parking lot shall be screened from such adjoining lot by a substantial wall, fence or thick hedge approved by the Planning Board. Generally such screen shall be not less than five nor more than eight feet in height.
(2) 
Whenever a parking area of over five spaces is located across the street from other land in any residence district, it shall be screened from the view of such land by a thick hedge, wall or fence approved by the Planning Board located along a line drawn parallel to the street and a distance of five feet therefrom, such screening to be interrupted only at points of ingress and egress. Generally no such screening shall be less than three feet nor more than eight feet in height. The open area between such screening and the street shall be landscaped in harmony with the landscaping prevailing on neighboring properties fronting on the same street. Two identification and directional signs located on the street side of such screening shall be permitted, however, they shall not exceed an area of three square feet each.
E. 
Driveways. No driveway shall provide access to a lot located in another district, which lot is used for any use prohibited, except residential, in the district in which such driveway is located.
F. 
Commercial vehicles.
(1) 
One commercial vehicle not exceeding 20 feet in length may be parked on an occupied lot in any Residence SR or HR District but not within the required front yard of such lot and in no case between the street line and the principal building.
(2) 
One commercial vehicle exceeding 20 feet in length may be parked within a private garage in any residence district.
(3) 
Commercial farm vehicles are permitted as accessory to a commercial farm use in any residence district.
G. 
Trailers and boats.
(1) 
The storage or parking and use of a trailer by any person or persons is hereby prohibited in all districts except that:
(a) 
One trailer not over 35 feet in length may be stored, but not used for any purpose, on an occupied lot in any residential district, provided that such trailer is not stored within any required front yard nor between the street line and the principal building.
[Amended 7-10-1996 by L.L. No. 4-1996; 3-24-1999 by L.L. No. 1-1999]
(b) 
Where a building permit has been issued for the construction or alteration of a building, the Building and Zoning Inspector may issue a temporary permit for one trailer for a period not to exceed six months. Said temporary permit may be extended for one additional period of six months if the Building and Zoning Inspector finds that construction has been diligently pursued and that justifiable circumstances require such an extension. Said trailer may be occupied during the term of the temporary permit and shall be situated upon the lot for which the building permit has been issued. Prior to the issuance of such a temporary permit by the Building and Zoning Inspector the location of said trailer on the lot shall be subject to Planning Board approval. Said Board may attach to its approval whatever conditions are deemed necessary to carry out the intent of this chapter.
(2) 
Boats may be stored on any occupied lot in any residence district, provided that such boats are not stored within any required front yard nor between the street line and the principal building.
A. 
Every use subject to performance standards shall conform to the restrictions set forth in the applicable federal, state or county codes, regulations, statutes and laws.
B. 
Prohibited uses in all districts. The following uses are deemed undesirable, out of character with the community and incompatible and represent real hazards to the public health, welfare and safety so as to be prohibited in all districts in the Town of Eden:
(1) 
Manufacturing uses involving primary production of the following products from raw materials:
(a) 
Asphalt, cement, charcoal and fuel briquettes.
(b) 
Chemicals, analine dyes, ammonia, carbide, caustic soda, cellulose, chlorine, carbon black and bone black, creosote, hydrogen, oxygen, industrial alcohol nitrates, potash, plastic materials and synthetic resins, pyroxylin, rayon yard and hydrochloric, nitric, phosphoric, picric and sulfuric acids.
(c) 
Coal, coke and tar products, including gas manufacturing, explosives, fertilizers, gelatin, glue and size, animal.
(d) 
Linoleum and oilcloth, matches, paints, varnishes and turpentine.
(e) 
Rubber (natural and synthetic), soaps, including fat rendering, and starch.
(2) 
The following processes: nitrating of cotton or other materials; magnesium foundry; reduction, refining, smelting and alloying of metal or metal ores; refining secondary aluminum; refining petroleum products, such as gasoline, kerosene, naptha and lubricating oil; distillation of wood or bones; and reduction and processing of wood pulp and fiber, including paper mill operations.
(3) 
Operations of stockyards and slaughterhouses, processing in excess of 500 carcasses annually, and slag piles.
(4) 
Storage of explosives, except under license from the State of New York and in a manner and place conforming to the laws of the State of New York and the American Table of Distances, and provided that no more than 50,000 pounds is stored in any one magazine.
(5) 
Bulk or wholesale storage of gasoline aboveground.
(6) 
Dumps and junkyards, except those established as an official town dump.
(7) 
Incineration of waste materials, except in a plant owned and operated by the town as a principal use.
(8) 
Disposal of septic or sewage wastes.
(9) 
Billboards.
(10) 
Advertising signs pertaining to uses or operations not on the same lot or site.
(11) 
Amusement parks, circuses, outdoor concerts or entertainment events, carnivals and related activities, except for a temporary period on approval of the Town Board.
(12) 
Any other use, whether specified above or not, that is of such a nature as to be detrimental to neighboring properties by reason of emission of odor, dust, refuse matter, garbage, smoke, vibration, gas, noise or any other factor that is dangerous to the comfort, peace, enjoyment, health or safety of the area or the community.
[Amended 7-9-2003 by L.L. No. 5-2003]
A. 
Purposes. In furtherance of the more general purposes set forth in this chapter, the purpose of these sign regulations is to:
(1) 
Encourage the effective use of signs as a means of communication in the Town;
(2) 
Maintain and enhance the aesthetic environment and the Town's ability to attract sources of economic development and growth;
(3) 
Promote pedestrian and traffic safety;
(4) 
Minimize the possible adverse effects of signs on nearby public and private property;
(5) 
Enable the fair and consistent enforcement of these sign regulations.
B. 
Applicability. A sign, billboard, advertising display, structure or device may be erected, placed, established, painted, created, or maintained in the Town of Eden only in conformance with the standards, procedures, exemptions, and other requirements of this section. No sign, billboard, advertising display, structure or device shall be erected, moved, enlarged or reconstructed except as expressly permitted in this section.
C. 
Effect. The effect of these regulations as more specifically set forth herein is to:
(1) 
Establish a permit system to allow a variety of types of signs in commercial and industrial zones, and a limited variety of signs in other zones, subject to the standards and permit procedures of this section;
(2) 
Allow certain signs that are small, unobtrusive, and incidental to the principal use of the respective lots on which they are located, subject to the substantive requirements of this section, but without a requirement for permits;
(3) 
Provide for temporary signs without commercial messages in limited circumstances in the public right-of-way; and
(4) 
Prohibit all signs not expressly permitted by this section.
D. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
BILLBOARD
A sign, including the type commonly known as a "billboard," which directs attention to a business, commodity, service, entertainment or attraction sold, offered or existing elsewhere than upon the same lot where such sign is displayed or only incidentally upon such lot. Signs of a directory-type nature identifying businesses located within an industrial/commercial park placed at the end of the street on which the businesses are located will not be considered a billboard.
DIGITAL SIGN
Any programmable sign capable of displaying or projecting words, symbols, figures or graphic images that can be altered or rearranged by remote or automatic means resulting in nonstationary messages or images, typically without altering the physical face or surface of the sign. Such signs typically utilize LED (light-emitting diode), plasma, LCD or other illumination or image creating technologies to produce the characters and graphics of the display.
[Added 12-10-2014 by L.L. No. 3-2014]
FLASHING SIGN
An illuminated sign on which the artificial light is not maintained at a constant level when in use. "Flashing sign" would include, but not be limited to, signs which feature oscillating illumination, revolving lights or animation.
[Added 12-10-2014 by L.L. No. 3-2014]
SIGN
Any structure or part thereof, or any device attached to a building or painted or represented thereon, which shall display or include any letter, word, model, banner, pennant, insignia, device, trade flag or representation which is in the nature of or which is used as an announcement, direction or advertisement, for commercial purposes or otherwise. A sign includes a billboard and a neon tube, string of lights or similar device outlining or hung upon any part of a building or lot, but does not include the flag or insignia of any nation or group of nations or the flag or insignia of any governmental agency, educational, charitable, philanthropic, civic, professional, religious or like (political) campaign, drive, movement or event. Excluded from this definition are signs which are solely devoted to prohibiting trespassing, hunting or fishing.
SIGN AREA
Includes all faces of a sign measured as follows:
(1) 
When such sign is on a plate or framed or outlined, all of the area of such plate or the area enclosed by such frame or outline shall be included.
(2) 
When such sign consists only of letters, designs or figures engraved, painted, projected or in any manner affixed on a wall, the total area of such sign shall be deemed the area within which all of the matter of which such sign consists may be inscribed.
(3) 
In computing the square foot area of a double-face sign, only one side shall be considered, provided that both faces are identical, parallel, and within 12 inches of each other.
SIGN WALL AREA
The area of a building wall fronting on a street, including doors and windows.
TEMPORARY SIGN
Any sign that is used temporarily and is not permanently mounted.
E. 
Application and permit.
(1) 
Permanent sign requirements. Applications for sign permit shall be accompanied by a scale drawing showing the following:
(a) 
The dimensions of the sign and, where applicable, the dimension of the wall surface of the building to which it is to be attached.
(b) 
The dimension of the sign supporting members and the maximum and minimum height of the sign.
(c) 
The proposed location of the sign in relation to the face of the building in front of which it is to be erected.
(d) 
The proposed location of the sign in relation to the boundaries of the lot upon which it is to be situated.
(e) 
Where the sign is to be attached to an existing building, a current photograph of the face of the building to which the sign is to be attached.
(f) 
A description of the construction details, materials of the sign structure, type of lettering and the intensity and type of lighting to be provided.
(g) 
A written statement showing the name of the owner of the sign, address, telephone number and the name of the person in control of the building or premises where such sign is to be located. The name of the sign contractor or erector is also required.
(h) 
A statement evaluation as to cost of construction.
(2) 
Temporary sign requirements. In addition to any required permit fee, applications for sign permits for temporary signs shall be accompanied by the following:
(a) 
The dimensions of the sign.
(b) 
The proposed location of the sign in relation to the boundaries of the lot upon which it is to be situated.
(c) 
A written statement showing the name of the owner of the sign, address, telephone number and the name of the person in control of the building or premises where such sign is to be located.
F. 
Permitted accessory signs.
(1) 
In Conservation (C), Agricultural (A), Rural Residential (RR), Suburban Residential (SR), Hamlet Residential (HR) and Office Business (OB) Zoning Districts:
(a) 
Accessory to permitted residences: one nonilluminated nameplate or professional sign with an area of not over two square feet.
(b) 
For any nonresidential establishment permitted: one indirectly illuminated sign not over 10 square feet in area at least 25 feet from the street line and not more than two nonilluminated directional signs, each not over two square feet in sign area, provided that such signs are set back at least 10 feet from the street line.
(c) 
For any structure for sale or for rent: one temporary, nonilluminated "for sale" or "for rent" sign not over six square feet in area. Such temporary use shall cease within 30 days after sale or rental is consummated. A sign for any other advertising purposes pertaining to the premises or building shall not exceed six square feet and shall be permitted for a period not to exceed 30 consecutive days.
(2) 
In Local Business (LB) Zoning District:
(a) 
For any nonresidential establishment permitted: one indirectly illuminated sign not over 10 square feet in area at least 25 feet from the street line and not more than two nonilluminated directional signs, each not over two square feet in sign area, provided that such signs are set back at least 10 feet from the street line.
(b) 
For any structure for sale or for rent: one temporary, nonilluminated "for sale" or "for rent" sign not over six square feet in area. Such temporary use shall cease within 30 days after sale or rental is consummated. A sign for any other advertising purposes pertaining to the premises or building shall not exceed six square feet and shall be permitted for a period not to exceed 30 consecutive days.
(c) 
Business signs with a total sign area per establishment not to exceed 10% of sign wall area and in no event more than 50 square feet in total sign face.
(d) 
Temporary promotional signs not exceeding 25 square feet in total sign area and displayed no more than 10 days in any one-month period.
(3) 
In General Business (GB) Zoning District (refer to use regulations to determine allowable uses):
(a) 
For allowable uses in Subsection A(1) of § 225-18: business signs with a total sign area per establishment not to exceed 10% of sign wall area and in no event more than 50 square feet in total sign face, subject to § 225-29.
(b) 
For allowable uses in Subsection B(1) of § 225-18: business signs with a total sign area per establishment not to exceed 10% of sign wall area and in no event more than 50 square feet in total sign face, subject to § 225-29.
(c) 
For any structure for sale or for rent: one temporary, nonilluminated "for sale" or "for rent" sign not over six square feet in area. Such temporary use shall cease within 30 days after sale or rental is consummated. A sign for any other advertising purposes pertaining to the premises or building shall not exceed six square feet and shall be permitted for a period not to exceed 30 consecutive days.
(d) 
For all other allowable uses in Subsections A and B of § 225-18 of the Code: business signs with a total sign area per establishment not to exceed 5% of sign wall area and in no event more than 80 square feet in total sign face.
(e) 
Temporary promotional signs not exceeding 25 square feet in total sign area and displayed no more than 10 days in any one-month period.
(4) 
In Planned Industrial (PI) Zoning District (refer to use regulations to determine allowable uses):
(a) 
For all allowable uses in Subsections A and B of § 225-19: one sign facing each major street from which access to the lot is provided giving the names of the occupant or occupants of the premises. Any such sign shall not have an area that exceeds 40 square feet, and all such signs shall not have an aggregate area that exceeds 60 square feet. The top of any sign shall not be more than 12 feet above ground level, unless placed on the face of the building, in which case it shall not project above the roof of the building. Such sign may be illuminated but shall not be of the flashing type or lighted by exposed light sources. Necessary direction signs, not exceeding five square feet, shall be permitted.
(5) 
In General Industrial (GI) Zoning District (refer to use regulations to determine allowable uses):
(a) 
For all allowable uses in Subsections A and B of § 225-20: one sign facing each major street from which access to the lot is provided giving the names of the occupant or occupants of the premises. Any such sign shall not have an area that exceeds 40 square feet, and all such signs shall not have an aggregate area that exceeds 60 square feet. The top of any sign shall not be more than 12 feet above ground level, unless placed on the face of the building, in which case it shall not project above the roof of the building. Such sign may be illuminated but shall not be of the flashing type or lighted by exposed light sources. Necessary direction signs, not exceeding five square feet, shall be permitted.
G. 
Site design conditions-Route 62 Hamlet Overlay. As provided in § 225-15.1 of this chapter and to better manage and improve commercial growth along the Route 62 corridor, the following guidelines will be implemented:
(1) 
Hamlet Transition Area (the area situated between approximately Shadagee Road and Schoolview Drive, zoned GB on the Town's Zoning Map). Signage shall not include pylon signs or any form of flashing lights. Signage shall be designed at ground level, typically not exceeding 12 feet in height, and should contain components such as brick.
(2) 
Residential/Office Area (the area situated between approximately Schoolview Drive and Roswell Parkway, zoned OB and GB on the Town's Zoning Map). Signage shall be unobtrusive and be compatible with adjoining uses. Freestanding signs shall not be installed on pylons or greater than eight feet in height. Signs attached on the building shall meet all Town signage standards.
(3) 
CBD Area (the area between approximately Roswell Parkway and Second Street, Zoned GB). Signage shall be unobtrusive. Freestanding signs are allowed, but signs may not be placed where they may obstruct free pedestrian movement. Signs shall meet all Town standards.
(4) 
The Planning Board may waive or modify any requirement under this section, but must not diminish the intent and purpose of the Route 62 Hamlet Overlay District.
H. 
Temporary signs. Except as provided herein, no exterior portable or temporary signs shall be erected, used or maintained without a permit issued by the Building and Zoning Inspector for the following purposes only:
(1) 
New business enterprises which are awaiting erection of permanent signs, for a period not to exceed 90 days.
(2) 
Business enterprises which have lost the use of an existing sign by reason of fire or other catastrophe, for a period not to exceed 90 days.
(3) 
Limited activities in connection the principal uses or activity on the premises, for a period not exceeding 90 days per permit and not to exceed 180 days per calendar year, including agricultural products.
(4) 
Signs advertising the price of merchandise displayed outdoors, excluding farm products grown on premises, not exceeding 32 square feet in sign area.
(5) 
Signs made of cardboard, paper, canvass or similar impermanent material shall be permitted for a period not larger than 45 days.
(6) 
Within subdivisions, one nonilluminated sign whose dimensions and aesthetics are at the discretion of the Town Planning Board (but shall not exceed 32 square feet) in connection with the development or subdivision of real property. Such sign shall be permitted for a period of not more than one year and shall be renewable upon application to the Town Planning Board. The physical placement of such sign shall be at the discretion of the Town Planning Board, but shall not be placed within five feet of any property line.
I. 
Prohibited signs:
(1) 
Billboards.
(2) 
Flashing signs, digital signs, including any sign or device on which the artificial light is not maintained stationary and constant in intensity and color at all times when in use.
[Amended 12-10-2014 by L.L. No. 3-2014]
(3) 
Signs which project into or are located within a Town, county, or state public right-of-way; however, banner-type signs will be permitted as allowed by the authority having jurisdiction within the public right-of-way.
(4) 
Signs which compete for attention with, or may be mistaken for, a traffic signal.
(5) 
The outlining by direct illumination of all or any part of a building, such as a gable, roof, side, wall or corner, except for holiday lighting.
J. 
Exemptions. The following shall not be subject to the permitting requirements of this section:
(1) 
Signs erected and maintained pursuant to and in discharge of any governmental function.
(2) 
Signs showing support for candidates for public office.
(3) 
Signs prohibiting trespassing.
(4) 
Integral, decorative or architectural features of building, except letters or trademarks.
(5) 
Signs not exceeding eight square feet per face directing and guiding traffic and parking on private property and bearing no advertising.
(6) 
Signs not exceeding one square foot per face advertising the cost of gasoline when attached to a gasoline pump or service island canopy.
(7) 
One sign indicating the name and address of the occupants of a dwelling, not exceeding two square feet in area. An address sign shall not be permitted if a sign permitted for the office of a resident professional is in use.
[Amended 3-24-1999 by L.L. No. 1-1999; 12-11-2002 by L.L. No. 9-2002]
Except where a site plan waiver may be issued pursuant to § 225-30E, in all cases where this chapter requires approval of site plans, as cited in Article IV, no building permit shall be issued by the Building and Zoning Inspector except upon authorization of and in conformity with the plans approved by the Planning Board.
A. 
Objectives. In considering and acting upon site plans, the Board shall take into consideration the public health, safety and welfare, the comfort and convenience of the public in general and of the residents of the proposed development and of the immediate neighborhood in particular and may prescribe such appropriate conditions and safeguards as may be required in order that the result of its action shall, to the maximum extent possible, further the expressed intent of this chapter and the accomplishment of the following objectives in particular:
(1) 
Traffic access. All proposed traffic access and ways are adequate but not excessive in number; adequate in width, grade, alignment and visibility; not located too near street corners or other places of public assembly; and other similar safety considerations.
(2) 
Circulation and parking. Adequate off-street parking and loading spaces are provided to prevent parking on public streets of vehicles of any persons connected with or visiting the use and the interior circulation system is adequate to provide safe accessibility to all required off-street parking lots.
(3) 
Landscaping and screening. All playground, parking and service areas are reasonably screened at all seasons of the year from the view of adjacent residential lots and streets and the general landscaping of the site is in character with that generally prevailing in the neighborhood. Existing trees over eight inches in diameter measured three feet above the base of the trunk shall be retained to the maximum extent possible.
(4) 
Preservation of significant natural features. The design and layout of the site shall take into consideration important natural features as identified in the Town of Eden's Natural Resource Inventory, Open Space Index or Comprehensive Plan. Efforts should be made to preserve these significant features to the greatest extent feasible.
[Added 11-14-2001 by L.L. No. 8-2001]
B. 
Effect of site plan approval.
(1) 
No building permit shall be issued for any structure covered by this section until an approved site plan or approved amendment of any such plan has been secured by the applicant from the Planning Board and presented to the Building and Zoning Inspector.
(2) 
No certificate of occupancy will be issued for any structure or use of land covered by this section unless the structure is completed or the land is developed or used in accordance with an approved site plan or approved amendment of any such plan.
C. 
Procedure.
(1) 
Presubmission conference. Prior to the submission of a site plan, the applicant shall meet in person with the Planning Board. The purpose of such conference shall be to discuss proposed uses or development in order to determine which of the site plan elements listed in Subsection D shall be submitted to the Planning Board in order for said Board to determine conformity with the provisions and intent of this chapter.
(2) 
Within six months following the presubmission conference, the site plan and application materials, together with the required fee from the Standard Schedule of Fees of the Town of Eden, shall be submitted to the Secretary of the Planning Board in triplicate and copies of all materials sent to the Building and Zoning Inspector and Board's consultants, if any. Materials must be submitted in proper form at least 15 days prior to the Board meeting at which the plan is to be reviewed.
(3) 
The Building and Zoning Inspector and Board's consultants, if any, shall report to the Planning Board whether the plan meets the requirements of all zoning law provisions and make recommendations for modifications to the plan in order that the plan or amendment thereof shall be consistent with these regulations.
(4) 
The Planning Board may, on its own motion, have alternative site plans or parking studies prepared where the proposed plan does not meet the requirements or standards of these regulations, provided that the applicant is advised in advance of the Board's decision and the attendant costs involved and agrees to reimburse the town for said costs. The Planning Board may retain the services of independent consultants or specialists to review the plans or studies. Any expenses incurred in such review of plans and studies shall be fully assignable to the applicant prior to final approval of the site plan.
(5) 
Public hearing for site plan approval may be required by the Planning Board at its discretion. On receipt of such documents in proper form, the Planning Board shall fix the date for a public hearing on the proposed use. The applicant shall send notice of the public hearing stating the date, place and substance of the hearing to all owners of property abutting the proposed use and directly across any adjoining street, as the names of said owners appear on the last complete assessment roll of the town. Such notice shall be sent by mail, return receipt requested, and a list of the owners to whom notice has been sent, together with certified mail receipts, shall be filed with the Planning Board at least 10 days prior to the date of public hearing. Not less than 10 days prior to the public hearing, notice of the same shall be published at the expense of the applicant in the official newspaper.
(6) 
The Board shall act to approve or disapprove any such site plan within 62 days after the public hearing or, if no hearing is held, within 62 days after the day the application is received. The time within which the Board must render its decision may be extended by mutual consent of the applicant and the Board. Failure of the Board to act within this time limit shall be deemed approval. Disapproval shall include written findings upon any site plan element found contrary to the provisions or intent of this chapter.
[Amended 3-24-1999 by L.L. No. 1-1999]
(7) 
Amendments to a site plan shall be acted upon in the same manner as the approval of the original plan.
(8) 
Waiver of required information. Upon findings by the Planning Board that, due to special conditions peculiar to a site, certain of the information normally required as part of the site plan is inappropriate or unnecessary or that strict compliance with said requirements may cause extraordinary and unnecessary hardships, the Board may vary or waive the provision of such information, provided that such variance or waiver will not have detrimental effects on the public health, safety or general welfare or have the effect of nullifying the intent and purpose of the site plan submission, Comprehensive Plan or this chapter.
(9) 
Application for building permit. Within one year of the date of site approval by the Planning Board, the applicant shall apply for a building permit or the approval of the site plan shall expire. However, the Town Board may extend the time for application for a building permit if in its opinion such action is warranted by the particular circumstances thereof for a period not to exceed one additional year.
(10) 
Unless work is commenced and diligently prosecuted within one year, or such time expressly stated by the Planning Board at the date of granting approval, said approval shall become null and void.
(11) 
The Planning Board may require, as a condition of approval, that a performance bond or maintenance bond, or both, be posted with the town in a manner set forth in Chapter 184, Subdivision of Land, for subdivisions to guarantee the installation of key site improvements and the upkeep of landscaping, screening and safety devices and to ensure the general cleanliness and proper housekeeping of the grounds and environs of the area approved pursuant to these regulations. Such performance bonds shall be for a period not to exceed two years from the date of the building permit, nor may maintenance bonds exceed a period of three years from the date of the certificate of occupancy of the completed site plan.
D. 
Site plan elements. The applicant shall cause a site plan map to be prepared by a civil engineer, surveyor, landscape architect, architect or other competent person. The site plan shall include those of the elements listed herein which are appropriate to the proposed development or use as indicated by the Board in the presubmission conference:
(1) 
Legal data.
(a) 
Section, plate, block and lot number of the property taken from the latest tax records.
(b) 
Name and address of the owner of record.
(c) 
Name and address of person, firm or organization preparing the map.
(d) 
Date, North point and written and graphic scale.
(e) 
Sufficient description or information to define precisely the boundaries of the property. All distances shall be in feet and tenths of a foot. All angles shall be given to the nearest 10 seconds or closer. The error of closure shall not exceed one in 10,000.
(f) 
The locations, names and existing widths of adjacent streets and curblines.
(g) 
The locations and owners of all adjoining lands as shown on the latest tax records.
(h) 
Location, width and purpose of all existing and proposed easements, setbacks, reservations and areas dedicated to public use within or adjoining the property.
(i) 
A complete outline of existing deed restrictions or covenants applying to the property.
(j) 
Existing zoning, school and special district boundaries.
(2) 
Natural features.
(a) 
Existing contours with intervals of five feet or less, referred to a datum satisfactory to the Board.
(b) 
Approximate boundaries of any areas subject to flooding or stormwater overflows, based on any existing floodplain maps, drainage or soil studies.
(c) 
Location of existing watercourses, marshes, wooded areas, rock outcrops, isolated trees with a diameter of eight inches or more measured three feet above the base of the trunk and other significant existing features.
(d) 
All features or resources identified as significant in the Town of Eden's Natural Resource Inventory, Open Space Index or Comprehensive Plan.
[Added 11-14-2001 by L.L. No. 8-2001]
(3) 
Existing structures and utilities.
(a) 
Location of uses and outlines of structures drawn to scale and within 100 feet of the lot line.
(b) 
Paved areas, sidewalks and vehicular access between the site and public streets.
(c) 
Locations, dimensions, grades and flow direction of existing sewers, culverts and waterlines as well as other underground and aboveground utilities within and adjacent to the property and railroad and transmission lines.
(d) 
Other existing development, including fences, landscaping and screening.
(4) 
Proposed development.
(a) 
The location of proposed buildings or structural improvements, including streets, utilities, etc.
(b) 
The location and design of all uses not requiring structures, such as off-street parking and loading areas.
(c) 
The location, direction, power and time of use for any proposed outdoor lighting or public address systems.
(d) 
The location and plans for any outdoor signs.
(e) 
The location and arrangement of proposed means of access and egress, including sidewalks, driveways or other paved areas, and profiles indicating grading and cross sections showing width of roadway, location and width of sidewalks and location and size of waterlines and sewer lines.
(f) 
Any proposed grading, screening and other landscaping, including types and locations of proposed street trees.
(g) 
The location of all proposed waterlines, valves and hydrants and of all sewer lines or alternate means of water supply and sewage disposal and treatment.
(h) 
An outline of any proposed easements, deed restrictions, covenants or dedications.
(i) 
Any contemplated public improvements on or adjoining the property.
(j) 
If the site plan only indicates a first stage, a supplementary plan shall indicate ultimate development.
(5) 
Any other information deemed by the Board necessary to determine conformity of the site plan with the intent and regulations of this chapter.
(6) 
Stormwater pollution prevention plan. A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Chapter 177, Article II, shall be required for site plan approval for land development activities within the RMS4 Overlay District. The SWPPP shall meet the performance and design criteria and standards in Chapter 177, Article II, of the Town of Eden Code. The approved site plan shall be consistent with the provisions of Chapter 177, Article II, of the Town of Eden Code.
[Added 12-12-2007 by L.L. No. 4-2007]
E. 
Site plan waiver.
(1) 
A site plan waiver may be issued if a proposed project is minor in nature to the extent that a full site plan review may not be necessary. In such case, if an existing previously approved site plan is on file with the Town and the modifications are deemed minor by the Site Plan Waiver Committee, consisting of the department heads of the Building Department, Engineering Department and Planning Board Chairman, a site plan waiver may be issued upon payment of the required fee. Once the site plan waiver is approved, the applicant may apply for a building permit.
(2) 
In general, a site plan waiver may be issued for a project that has met one or more following criteria (at the discretion of the Site Plan Waiver Committee):
(a) 
Additions of less than 1,000 square feet or which represent less than 10% of the existing structure, where no variances are needed for construction.
(b) 
Accessory buildings or additions that are not visible from the road or adjoining residential uses.
(c) 
A minor change in use that does not require additional parking.
(d) 
Such other minor changes as determined by the Site Plan Waiver Committee.
(3) 
In all cases, an existing site plan shall be on file with the Town and the site shall be in general conformance with previously approved site plans, as applicable. Furthermore, the site plan waiver may include conditions that must be met for the issuance of the building permit.
(4) 
In certain cases, the preparation of a site plan application may be deemed necessary to meet the requirements of a site plan waiver process. It may be determined that the proposed project needs formal site plan approval from the Planning Board.
(5) 
Determinations and approval conditions for a site plan waiver may only be appealed by the applicant by appearing before the Planning Board under a formal site plan application. Approval of any site plan waiver shall remain in effect for a period of not more than one year, unless a successful application for a building permit has been made within that period.
The use of living plant material as an adjunct to all uses subject to these regulations shall be mandatory. Landscape materials shall be utilized in a positive manner in all developments for architectural elements, space articulation, screening, privacy control, erosion control, acoustical control, atmospheric purification, traffic control, glare and reflection control, solar radiation control, wind control, precipitation control and temperature control.
A. 
Land area restricted from development coverage by § 225-23, Table of Bulk Regulations, Column 11, shall be preserved in natural landscape or shall be reestablished to the following general standard: one deciduous or evergreen tree of 2 1/2 inches in caliper per 2,000 square feet of area.
B. 
Developed area shall be landscaped to the following general standard: one deciduous or evergreen tree per 5,000 square feet of area and one low-planting species per 10 linear feet of parcel perimeter.
C. 
Erosion and sedimentation controls shall be in accordance with the 1972 edition of Guidelines for Erosion and Sediment Control in Urban Areas of New York State by the United States Department of Agriculture, Soil Conservation Service, and shall be the minimum requirements.
D. 
For uses requiring site plan review, the construction value of which exceeds $15,000, a detailed landscaping plan shall be prepared by a licensed landscape architect or other professional licensed by the State of New York Education Department to prepare landscape plans.
E. 
The 1972 edition of the publication Plant/People and Environmental Quality, by the United States Department of Interior/National Park Service, is hereby adopted and incorporated as the general reference for landscape materials and uses for the Town of Eden.
In addition to the use regulations set forth in Article IV, the following specific regulations and standards for uses listed herein shall be the minimum requirements for the protection of the public health, welfare and safety.
A. 
Recreational 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:
(1) 
Swimming pools shall be classified and located as follows:[1]
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 § 225-32I
[1]
Editor's Note: See Ch. 188, Swimming Pools, for additional regulations.
(2) 
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
50
Tennis courts
40
(3) 
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.
(4) 
Noise. Public address systems or any other amplified noises are subject to separate permit of the Town Board.[2]
[2]
Editor's Note: See Ch. 146, Noise, Art. II, Noise Control.
(5) 
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 A(1).
(6) 
Buildings. All structures shall be of a permanent nature.
B. 
Vacation camps and summer colonies. Vacation campgrounds and summer colonies are permitted subject to the following:
(1) 
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.
[Amended 7-10-1996 by L.L. No. 4-1996]
(2) 
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.
(3) 
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.
(4) 
Minimum spacing between campsite pads: 80 feet (extremity to extremity).
(5) 
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.
(6) 
Sewage disposal. The site shall be provided with a municipal or approved private sanitary sewage disposal system.
(a) 
Toilets. Only flush toilets shall be provided.
[1] 
Women: one toilet per five sites.
[2] 
Men: one toilet per 10 sites.
[3] 
A minimum of two toilets for each sex shall be provided.
(b) 
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.
(c) 
Showers. One shower for each 15 campsites shall be provided. Each shower must be served with hot and cold or tempered water between 90º and 110º F. Two showers must be provided for each sex.
(d) 
Dishwater disposal. One dishwater disposal facility shall be provided for each five campsites or provided in connection with each toilet facility.
(e) 
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.
(7) 
Solid waste disposal. One receptacle shall be provided for each campsite.
(8) 
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.
(9) 
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%.
(10) 
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 45º shall be constructed, as a minimum, with a gravel base and a water-bound macadam surface.
(11) 
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.
(12) 
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.
(13) 
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.
(14) 
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.
(15) 
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.
(16) 
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.
(17) 
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.
(18) 
Public phone. Each campground shall have at least one public telephone.
(19) 
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.
(20) 
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.
(21) 
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.
C. 
Airports and heliports. Airports and heliports are permitted subject to the following:
(1) 
Any areas to be used by aircraft under its own power shall be provided with a dustless surface.
(2) 
The hours of operation shall be limited by the Planning Board to prevent disturbance to nearby residences.
(3) 
No area to be used by aircraft under its own power on the ground shall be less than 200 feet from any lot line. Evidence shall be presented to the Board that ample safeguards to minimize hazards and disturbance from noise of aircraft affecting residents and properties in the vicinity will be assured at all times of operation.
(4) 
Access to areas used by aircraft in motion shall be controlled by fences and gates.
(5) 
Vending machines, newsstands, governmental installations, airport, airline and express offices and aircraft repair facilities and other customary accessory uses may be permitted within completely enclosed buildings. Storage and sale of aviation gasoline may also be permitted.
D. 
Sandpits, gravel pits, removal of topsoil and landfill or excavation shall be subject to the provisions of Chapter 103, Excavations, of the Code of the Town of Eden.
E. 
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.
[Amended 8-14-2013 by L.L. No. 2-2013]
(1) 
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.
(2) 
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.
(3) 
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.
F. 
Home occupations and barns for nonagricultural storage purposes may be permitted upon approval of the Board of Appeals, pursuant to § 225-44C.
[Amended 7-24-1991 by L.L. No. 1-1991]
(1) 
Home occupation shall include the operation of bed-and-breakfast accommodations, provided that a special permit is obtained by the property owner.
(2) 
In the case of the use of a barn in existence since May 11, 1977, as an accessory use to agriculture, the barn may be used for the storage of nonagricultural products, provided that a special permit, for a two-year period, is obtained by the property owner, that all storage is within the enclosed barn, that no sales are made on the premises to dealers or to the public and that nothing is stored which would adversely affect public health or safety.
G. 
Hospitals and sanitariums.
(1) 
Hospitals and sanitariums, including 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.
[Amended 10-23-1985 by L.L. No. 3-1985]
(2) 
If such hospital or sanitarium is intended to care for cases of contagious or infectious diseases or is designed for treatment of tubercular patients or those suffering from mental disorders, all structures which form such institution shall not be less than 250 feet from any property line.
(3) 
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 necessary for increased traffic and in order that emergency vehicles can be properly accommodated.
(4) 
No special permits are authorized under this section 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.
H. 
Multiple-dwelling developments. 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 H(5) herein.
(1) 
Multiple-dwelling developments shall be serviced by approved public sewage disposal facilities and public water supply.
(2) 
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.
(3) 
Not less than 1,000 square feet of usable recreation area per unit will be immediately accessible to the multiple-dwelling structures.
(4) 
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.
(5) 
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.
(6) 
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.
[Amended 7-8-1998 by L.L. No. 4-1998]
(7) 
Access 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.
(8) 
No building shall be located within 100 feet of any pond, reservoir, lake or watercourse which is part of a water supply system.
(9) 
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.
(10) 
Multiple-dwelling developments shall be buffered from surrounding conventional residence areas by landscaping and fencing areas occupying the required yards.
(11) 
Multiple-dwelling structure design features.
(a) 
No multiple-dwelling structure shall be longer than 160 feet.
(b) 
No roofline of any structure will exceed 80 feet without a vertical break of at least 5% of the building width.
(c) 
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.
(d) 
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).
(e) 
Provision for enclosed storage of garbage shall be provided.
(f) 
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.
(g) 
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.
(h) 
Construction materials, in addition to conformance with the Building Code of the Town of Eden,[3] shall be of a color and texture characteristic of the adjacent residential development.
[3]
Editor's Note: See Ch. 110, Fire Prevention and Building Construction.
(i) 
Exterior lighting along walks and near buildings shall be provided utilizing architectural grade equipment and shall not exceed .9 footcandles measured at ground level.
(j) 
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.
(k) 
Walks shall be provided throughout the development area that will ensure that drives shall not be required for pedestrian circulation.
I. 
Private swimming pools. Private swimming pools shall be subject to the provisions of Chapter 188, Swimming Pools, of the Code of the Town of Eden.
J. 
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.
(1) 
Ingress and egress.
(a) 
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.
(b) 
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.
(2) 
Vehicle lifts or pits, dismantled or unlicensed automobiles and all parts or supplies shall be located within a building enclosed on all sides.
(3) 
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.
(4) 
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.
(5) 
No gasoline pumps shall be located nearer than 20 feet to any street line.
K. 
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:
(1) 
Entrance and exit driveways shall have an unrestricted width of not less than 30 feet and shall be located not closer than 20 feet from any buffer line and not closer than 75 feet from 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.
(2) 
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 from 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.
(3) 
Outdoor storage of motor vehicles, recreation vehicles and farm equipment shall be permitted only in the side or rear yards.
(4) 
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.
(5) 
All service or repair of motor vehicles shall be conducted in a building fully enclosed on all sides.
(6) 
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.
(7) 
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.
L. 
Planned industrial development groups are permitted subject to the following:
(1) 
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.
(2) 
Building groups shall be so located and arranged that all structures have access for emergency vehicles.
(3) 
Restrictive covenants shall be imposed on the site based on the approved site plan, enforceable by all tenants of such development.
(4) 
Applicable environmental standards of § 225-28 shall be strictly adhered to. All applications under this Subsection L shall describe in detail the procedures and equipment to be utilized and shall further indicate the anticipated characteristics of the industrial processes.
(5) 
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.
(6) 
No building in planned industrial uses shall exceed 30,000 square feet of floor space.
M. 
Hotels and motor lodges. Hotels and motor lodges may be permitted as provided in Article IV, subject to the following regulations:
(1) 
Hotel and motor lodge units shall not contain kitchen facilities of any nature and shall not be used as apartments for nontransient tenants.
(2) 
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.
(3) 
An accommodation unit shall not be occupied by more than three adults at any one time.
(4) 
There shall be no more than one hotel or motor lodge unit for each 2,400 square feet of site area.
(5) 
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.
(6) 
The following accessory uses shall be permitted:
(a) 
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.
(b) 
One restaurant and/or coffee shop or cafeteria providing food and drink.
(c) 
Amusements and sports facilities for the exclusive use of hotel guests, including:
[1] 
Swimming pool.
[2] 
Children's playground.
[3] 
Tennis and other game courts.
[4] 
Game or recreation rooms.
(d) 
Office and lobby, provision of which shall be mandatory for each hotel or motor lodge.
(e) 
Meeting and/or conference rooms.
(7) 
No more than two signs shall be permitted on the site, the total area of which shall not exceed 160 square feet.
(8) 
The landscaping requirements of § 225-31 shall be increased by 50% for all motor lodge development.
(9) 
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.
N. 
Ponds. Ponds may be permitted subject to the following:
[Added 6-13-2001 by L.L. No. 4-2001]
(1) 
Definitions. As used herein, the following terms shall have the meanings indicated:
POND
Any man-made body of water (other than a store-bought, pre-fab type of decorative reservoir or basin), with a surface area greater than 100 square feet and/or a depth of more than 18 inches.
(2) 
Regulations.
(a) 
Exemptions. Retention or detention ponds specified, designed and/or approved as part of an approved site plan or subdivision development or otherwise mandated and/or owned by the Town of Eden are exempt from this article.
(b) 
General.
[1] 
No pond shall be constructed without a building permit issued pursuant to this article.
[2] 
No pond shall be constructed on any property located within the Hamlet Residential (HR), Office Business (OB), Local Business (LB), General Business (GB) or General Industrial (GI) Zoning Districts nor on a lot with a total area of less than three acres. All ponds shall meet the bulk requirements for Use Group h of the Town of Eden Table of Bulk Regulations.[4]
[4]
Editor's Note: The Table of Bulk Regulations is included at the end of this chapter.
[3] 
All ponds shall be maintained so as to assure that they do not become offensive to neighboring properties by reason of stagnation, algae, mosquito breeding and similar conditions.
[4] 
No pond may adversely interfere with or impede the natural flow of water nor adversely impact any floodplain or wetland area.
[5] 
No pond shall be constructed without site plan approval by the Eden Planning Board.
[6] 
All new ponds shall conform to the requirements of and be approved by the Soil Conservation Service (SCS) of the United States Department of Agriculture or its successor agency.
[7] 
If the SCS is not available for assistance with the pond design (or at the option of the applicant), the pond shall be designed by a licensed professional engineer. In the event the pond is designed by a licensed professional engineer, the site plan application shall be accompanied by a pond design report meeting the following requirements:
[a] 
Include test pit information from site (soil types, groundwater levels, etc.).
[b] 
Reference SCS standards.
[c] 
Illustrate how the pond will maintain appropriate water depths.
[d] 
A survey map depicting the pond and test pit locations (follow site plan requirements); illustrate any inflow or outflow piping/ditches and the location of any ditches, swales or watercourses on the site.
[e] 
Detail the pond components (inlet and outlet controls, side slopes, emergency spillways, etc.).
[f] 
Any other information required by the Planning Board.
O. 
Home occupation and resident professional office uses, upon approval of the Board of Appeals, pursuant to § 225-44C, provided that.
[Added 11-14-2001 by L.L. No. 8-2001]
(1) 
In the case of home occupations, only persons residing within the residence shall be engaged in such occupation and the use must be clearly incidental and subordinate to the use of the premises for residential purposes, and the area devoted to such home occupation use shall not exceed 25% of the ground floor area of the principal structure, or equivalent area in an accessory structure.
(2) 
In the case of resident professional office uses, the principal resident professional shall maintain the premises as his principal place of residence, and there shall be no more than one employee, assistant or associate engaged in such use. Such use shall be restricted to within the principal structure and shall not occupy more than 25% of the ground floor area thereof.
(3) 
There shall be no change in the outside appearance of the structure or premises or other evidence, visible from the outside, of the conduct of such home occupation or resident-professional office whether, in the case of a home occupation, it is conducted within the home or accessory structure.
(4) 
Off-street parking shall be provided in accordance with Article IV and § 225-27, except that no parking shall be permitted in any front yard or required rear or side yards. Parking areas shall be suitably screened so as to assure privacy for adjacent properties.
(5) 
The keeping or boarding of any dogs by a veterinarian shall require approval of the Planning Board in accordance with § 225-32E.
[Amended 7-10-1996 by L.L. No. 4-1996]
Open space land created as part of a subdivision or multiple-dwelling development and not dedicated fee simple to the Town of Eden for recreation purposes shall be in one of the following forms of ownership: a homes association approved by the Federal Housing Administration for mortgage insurance as a planned unit development and the Town Board; or a homes association approved by the Town Attorney and Town Board; or any other arrangements approved by the Town Attorney and Town Board as satisfying the intent of this chapter. Whenever a homes association is proposed, the Town Board shall retain the right to review and approve the articles of incorporation and charter of said homes association and to require whatever conditions it shall deem necessary to ensure that the intent and purpose of this chapter are carried out. In consideration of said approval, the Town Board shall, in part, require the cluster development to meet the following conditions:
A. 
The homes association shall be established as an incorporated, nonprofit organization operating under recorded land agreements through which each lot owner (and any succeeding owner) is automatically a member and each lot is automatically subject to a charge for a proportionate share of the expenses for the organization's activities and established as such prior to the sale of any dwelling lot and/or unit within the development or subdivision.
B. 
Title to all common open space property shall be placed in the homes association prior to the sale of any dwelling lot and/or unit within the development or subdivision. Such deeds shall be reviewed by the Town Attorney and subject to the approval of the Planning Board.
C. 
Each lot owner shall have equal voting rights in the association and shall have the right to the use and enjoyment of the common open space property, subject to the rules of the homes association. All restrictions on the ownership, inclusive of easements, use and maintenance of common open space or recreational use shall be permanent.
D. 
Once established, all responsibility for liability insurance, operation and maintenance of the common open space or recreation land and facilities shall lie with the homes association.
E. 
Dedication of common areas.
(1) 
Dedication of all common areas shall be recorded directly on the subdivision plat or by reference on the plat to a dedication in a separately recorded document. Resubdivision of such areas is prohibited. The dedication shall:
[Amended 3-24-1999 by L.L. No. 1-1999]
(a) 
Reserve the title of the common property for the homes association free of any cloud of implied public dedication.
(b) 
Grant easements of enjoyment over the area to the lot owners, as set forth in the articles of incorporation of the homes association.
(2) 
Each dwelling unit or lot owner within the development or subdivision shall be made responsible for paying his or her proportionate share of the association's costs, and the assessment levied by the association shall become a lien on the dwelling unit or lot if not paid.
(3) 
Permitted uses in areas of open space:
(a) 
Community center.
(b) 
Sports and recreation facilities (active recreation).
[1] 
Playground - ball fields.
[2] 
Swimming pool.
[3] 
Tennis courts.
[4] 
Golf course.
(c) 
Natural state (passive recreation).
[1] 
Conservation - picnic areas.
[2] 
Crop farming.
[3] 
No horses allowed in Hamlet Residential District.
F. 
The type of dwelling unit permitted within a cluster development or subdivision shall be that which is permitted according to zoning regulations.
G. 
Each deed to each dwelling unit or lot sold shall include by reference all recorded declarations, such as covenants, dedications and other restrictions (including assessments and the provision for liens for nonpayment of such).
H. 
The homes association shall be perpetual, shall purchase insurance, pay taxes, specify in its charter and bylaws an annual homeowner's fee and provision for assessments and establish that all such charges become a lien on each property in favor of said association. The homes association shall have the right to proceed in accordance with all necessary legal action for the foreclosure and enforcement of liens. It shall also have the right to commence action against any member for the collection of any unpaid assessment in any court of competent jurisdiction, and the homes association shall have the power to adjust assessments to meet changing needs.
I. 
Prior to site plan approval the developer shall file with the Town Board a performance bond to insure the proper installation of all recreation and park improvements shown on the site plan and a maintenance bond to insure the proper maintenance of all common lands until the homes association is established. The amount and period of said bonds and the form, sufficienty, manner of execution and surety shall be determined by the Town Board and approved by the Town Attorney.
J. 
In the event that the maintenance, preservation and/or use of the common open space or recreational use ceases to be in compliance with any of the above requirements or any other developments or subdivisions, the Town Board shall be granted the right, but shall not have the obligation, to take all necessary action to assure such compliance and to assess against the association and/or each individual dwelling unit or lot owner within the development or subdivision all costs incurred by the town for such purposes.
A. 
Policy and intent.
(1) 
The maximum levels of density of development allowed in the various zoning districts by this chapter are designed, among other purposes, to secure:
[Amended 11-18-2000 by L.L. No. 5-2000]
(a) 
A fair balance between the public interest, through such things as the most economic and efficient possible use of municipal services and utilities, and the interests of individual landowners; and
(b) 
An economically, socially and environmentally sound balance between developed and open land, both in particular zoning districts and throughout the town. In RR, SR and HR Districts, due regard to the balance between developed and open land throughout the town as well as the balance between developed and open land within the particular districts requires increased density limits. In C and A Districts, due regard to the interests of individual landowners as well as the public interest requires limitation of densities. It is in the public interest, therefore, to shift development from C and A Districts to RR, SR and HR Districts to the extent that this can be accomplished without impairing a sound balance between developed and open land in particular RR, SR and HR Districts and without undue impairment of the interests of individual landowners in C and A Districts. Accordingly, it is the policy and intent of the town to permit development in RR, SR and HR Districts at increased levels of density when a developer can provide assurance of a corresponding reduction of the density of development in a C or A District.
(2) 
The transfer of the development rights system herein established shall have the following specific objectives:
(a) 
To preserve the natural and scenic qualities of open land and accrue to the town and region the benefits of the use of open land and agricultural pursuits.
(b) 
To allow the adequate and economic provision of streets and utilities consistent with the Comprehensive Plan of the Town of Eden.
(c) 
To provide for a creative and staged development of land and an orderly transition of land from vacant to occupied uses.
(d) 
To foster development in areas best suited to specific uses while providing economic return to owners of property restricted from further development.
B. 
Transfer of development rights. Transfer of development rights provides for increased density of residential development in the RR, SR and HR Districts when suitable open space land in a C or A District is permanently reserved from specified development uses. The transfer of the development rights is accomplished by execution of an open space easement, and the increased density is permitted by the issuance of an optional density permit, both as hereinafter provided.
[Amended 11-18-2000 by L.L. No. 5-2000]
C. 
Authorization of transfer of development rights. In the manner and to the extent provided by Article IV and by the Table of Bulk Regulations referred to in Article V of this chapter, the provisions of this section and other applicable provisions of this chapter:
[Amended 11-18-2000 by L.L. No. 5-2000]
(1) 
Development rights in eligible land in C or A Districts may be transferred to land in RR, SR or HR Districts.
(2) 
Undeveloped land in a C or A District with the area and dimensions at least equal to the minimum required for residential development shall be eligible land from which development rights may be transferred.
(3) 
In cases where development rights have been previously transferred from land in a C or A District, development rights may be transferred to such land from other eligible land in a C or A District.
D. 
Procedure.
[Amended 11-18-2000 by L.L. No. 5-2000]
(1) 
Development rights in land in a C or A District may be transferred to land in an RR, SR or HR District pursuant to the following procedure:
(a) 
The developer proposing to develop specified land in an RR, SR or HR District at an optional density allowed by this chapter with a transfer of development rights shall, simultaneously with his or her application for a subdivision plat or site plan, make application to the Planning Board for an optional density permit in such form as shall be provided by said Board.
(b) 
With his or her application for an optional density permit, the developer shall tender to the Planning Board a valid instrument granting to the town an open space easement in eligible land in a C or A District. The instrument shall be in the form and contain the terms and conditions provided by Subsection E of this section and shall cover an area of eligible land determined in accordance with Subsections C(2) and F(2) of this section. The developer shall furnish to the Planning Board a certificate of title by a duly licensed attorney and such other further evidence or assurance of title as may be satisfactory to the Town Attorney.
(c) 
Upon advice of the Town Attorney that the open space easement document is valid and sufficient, and if the applications cited in Subsection D(1)(a) above are otherwise valid and sufficient, the Planning Board, acting in behalf of the town, shall accept said document and transmit it to the Town Attorney for recording in the Erie County Clerk's office. Upon final approval of the subdivision plat or site plans, the Planning Board shall issue an optional density permit permitting development of the specified land at the optional density and shall transmit both a copy of the open space easement and the optional density permit to the Board of Assessors.
(2) 
In cases where land in a C or A District has previously been encumbered by the grant of an open space easement, equivalent rights may be transferred to such land from other land in a C or A District pursuant to the following procedure:
(a) 
Said easement shall be terminated upon the granting to the town of a similar easement covering equivalent other land in a C or A District pursuant to the provisions of this chapter.
(b) 
The owner proposing to receive such development rights shall tender to the Planning Board a valid instrument granting to the town an open space easement for other eligible land in a C or A District. The instrument shall be in the form and contain the terms and conditions provided by Subsection E of this section and shall cover an area of eligible land determined in accordance with Subsections C(2) and F(2) of this section. The owner shall furnish to the Planning Board a certificate of title by a duly licensed attorney and such other or further evidence or assurance of title as may be satisfactory to the Town Attorney.
(c) 
Upon advice of the Town Attorney that the grant is valid and sufficient, the Planning Board shall accept the instrument, shall execute an instrument terminating the open space easement in the land from which development rights were previously transferred and shall transmit both instruments to the Town Attorney for recording in the Erie County Clerk's office, with copies to the Board of Assessors.
E. 
Form and terms of grant. The grant of an open space easement pursuant to this section shall be on the terms and conditions and in the format set forth in Appendix I to this chapter.[1]
[1]
Editor's Note: Appendix I is on file in the Planning Board office.
F. 
Area of land required and number of units permitted.
(1) 
The actual number of units permitted to develop at increased density limits in RR, SR and HR Districts shall be determined by reference to the use regulations found in Article IV and the bulk regulations found in Article V of this chapter.
(2) 
Assignment of development rights for transfer. Land in a C or A District shall be assigned development rights for purposes of transfer as follows:
[Amended 11-18-2000 by L.L. No. 5-2000]
(a) 
In a C District, one development right for each three eligible acres.
(b) 
In an A District, one development right for each two eligible acres.
G. 
Assessment. Land for which an open space easement has been conveyed to the town pursuant to this section shall be assessed for real property tax purposes with full regard to the restriction of the use of the land by reason of said easement. Land for which an optional density permit has been issued shall be assessed for real property tax purposes with full regard to the optional density at which it may be or has been developed.
H. 
Rezoning. In the event that property for which a development easement has been conveyed pursuant to this chapter or for which an optional density permit has assigned one or more development rights pursuant to this chapter shall have its allowable density of development altered by amendment of this chapter, the following rules shall apply:
(1) 
If such amendment increases the allowable density of land in RR, SR or HR Districts, the owner shall be entitled to the full number of units allowed by the amendment plus the number of development rights previously granted by an optional density permit.
(2) 
If such amendment decreases the allowable density of land in RR, SR or HR Districts, the owner may develop at the density previously allowed by an optional density permit.
(3) 
If such amendment alters the number of transferable development rights of land in a C or A District, such change will not affect land already subject to an open space easement.
[Amended 11-18-2000 by L.L. No. 5-2000]
(4) 
If such amendment removes land from a C or A District, no development shall take place on land so removed and already subject to an open space easement unless the owner acquires sufficient development rights to replace the rights conveyed from such land in accordance with the procedure set forth in Subsection D(2).
[Amended 11-18-2000 by L.L. No. 5-2000]
[Added 1-26-2005 by L.L. No. 1-2005]
A. 
Definitions. The following definitions shall apply to this § 225-35:
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.
(1) 
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:
(a) 
Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides or other visual representations which depict or describe specified sexual activities or specified anatomical areas; or
(b) 
Instruments, devices or paraphernalia which are primarily intended, labeled, designed, advertised or promoted for use in connection with specified sexual activities.
(2) 
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:
(a) 
The number of different titles or kinds of such merchandise;
(b) 
The number of copies or pieces of such merchandise;
(c) 
The amount of floor space devoted to the sale and/or display of such merchandise; or
(d) 
The amount of advertising which is devoted to such merchandise, either in print or broadcast media.
ADULT CABARET
An establishment which regularly features:
(1) 
Persons who appear in a state of nudity; or
(2) 
Live performances which are characterized by the exposure of specified anatomical areas or specified sexual activities; or
(3) 
Films, motion pictures, video cassettes, 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, video cassettes, 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.
ADULT MOTION-PICTURE THEATER
An establishment where, for any form of consideration, films, motion pictures, video cassettes, 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 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.
(1) 
The fondling or touching of human genitals, pubic region, buttock or female breasts;
(2) 
Ultimate sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation and sodomy;
(3) 
Masturbation; and
(4) 
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.
(1) 
Unless completely and opaquely covered, human genitals, pubic region, buttocks or breasts below a point immediately above the top to the areola; and
(2) 
Even if completely and opaquely covered, male genitals in a discernibly turgid state.
SPECIFIED SEXUAL ACTIVITIES
Includes any of the following:
(1) 
The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or breasts;
(2) 
Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy;
(3) 
Masturbation, actual or simulated; or
(4) 
Excretory functions.
TATTOO PARLOR
Its usual and ordinary meaning.
B. 
Legislative intent. It is the purpose of this section to regulate the creation, opening, commencement and/or operation of adult use and entertainment establishments, as herein defined, in order to achieve the following:
(1) 
To preserve the character and the quality of life in the Town of Eden's neighborhoods and business areas.
(2) 
To control such 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.
(3) 
To restrict minors' access or exposure to adult uses.
(4) 
To maintain the general welfare and safety for the Town of Eden's residents.
C. 
Purposes and considerations.
(1) 
In the execution of this section, 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.
(2) 
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.
(3) 
The intent of this section is to provide adult entertainment uses without compromising the character of the neighborhood.
(4) 
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.
D. 
Restricted uses shall be as follows:
(1) 
Adult use and entertainment establishments (aka adult-oriented businesses).
(2) 
Adult arcade.
(3) 
Adult bookstore or adult video store.
(4) 
Adult cabaret.
(5) 
Adult motel.
(6) 
Adult motion-picture theater.
(7) 
Adult theater.
(8) 
Escort agency.
(9) 
Massage parlor.
(10) 
Nude model studio.
(11) 
Porn shop.
(12) 
Sexual encounter center.
(13) 
Tattoo parlor.
E. 
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 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.
F. 
Regulation of restricted uses. Restricted uses, as enumerated in Subsection 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.
(1) 
Location.
(a) 
A restricted use shall not be located:
[1] 
Within a five-hundred-foot radius of any area zoned for residential use.
[2] 
Within a one-fourth-mile radius of another such use.
[3] 
Within a one-thousand-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.
[4] 
A restricted use shall not be located within a one-thousand-foot radius of any public pathway, walkway or walking path upon which minors are likely to travel.
(b) 
The above distances of separation shall be measured from the nearest exterior wall of the structure containing the adult use and entertainment establishment.
(2) 
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.
(3) 
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.
(4) 
In addition to the required parking spaces, one parking space for each permitted occupancy of the space devoted to the use shall be provided.
(5) 
Any lighting shall be arranged as to reflect the light away from the adjoining properties and abutting roadways.
(6) 
Hours of operation shall be no earlier than 7:00 a.m. and no later than 11:00 p.m.
(7) 
No person under the age of 18 years old shall be permitted into the premises or onto the property of an adult-oriented business.
(8) 
All yard setbacks shall be at least 200 feet.
(9) 
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 section.
(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.
G. 
Limits on restricted uses. No more than one restricted use, as enumerated in Subsection D above, shall be located on any one parcel.
H. 
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.
I. 
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.
J. 
Penalties for offenses. Any person, firm, corporation or entity found to be violating any provision(s) of this section shall be guilty of a violation and subject to the penalties for offenses under Article VIII, § 225-42, of this chapter.
[1]
Editor's Note: Former § 225-35, Wet soil design standards, as amended, was repealed 4-23-2003 by L.L. No. 2-2003. Original Section 5.12, Floodplain district performance standards, which immediately followed this subsection, was deleted 3-24-1999 by L.L. No. 1-1999. See now Ch. 114, Flood Damage Prevention.