Town of Ghent, NY
Columbia County
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[Amended 5-20-1999 by L.L. No. 4-1999; 5-16-2002 by L.L. No. 2-2002]
The Town of Ghent Planning Board is hereby authorized to act on proposed special permit uses which are specifically provided for in this chapter, including special permits for home-occupied businesses and also for telecommunications towers. Such action may include approval, conditional approval or disapproval based on the standard set forth herein. Any reference hereafter to the “Board” shall mean the Town of Ghent Planning Board.
A. 
The Board shall adopt such rules of procedure as it may deem necessary to the proper exercise of its responsibilities with respect to special permit uses.
B. 
Prior to taking action on any special permit use, the Board shall hold a public hearing after public notice as provided for herein. No action shall be taken respecting such matter until all interested parties shall have been given an opportunity to be heard.
C. 
All matters which are subject to a mandatory referral or notice to other agencies, as set forth in the General Municipal Law, shall be transmitted to the appropriate agencies in accordance with the provisions of those sections.
D. 
Each decision of the Board with respect to the approval of a special permit use shall be set forth in writing and filed in the Town Clerk's office and a copy shall be sent to the Building Inspector and/or Zoning Enforcement Officer.
E. 
A special permit authorization by the Board for the issuance of a building permit shall expire within 90 days of such authorization in the event that such permit shall not be applied for within such ninety-day period. Extension of such authorization may be granted by the Board for two additional ninety-day periods upon good cause shown.
F. 
A special permit use for which a building permit is authorized by the Board pursuant to the provisions of this section shall be construed to be a conforming use.
G. 
Any violation of the limitations or special conditions and safeguards established by the Board with respect to a specific authorization for a special exception use shall be deemed a violation of this chapter, punishable under the provisions of Article XI.
H. 
The fees for special permit use applications shall be established by the Town Board.
I. 
Special use permits shall expire if the applicant fails to obtain any required building permit within 90 days after the date of issuance of the special use permit.
[Added 10-19-2017 by L.L. No. 2-2017]
J. 
Special use permits shall expire if the applicant fails to comply with any of the conditions of the special use permit within the time frame established in the special use permit or otherwise within 180 days after the date of issuance of the special use permit.
[Added 10-19-2017 by L.L. No. 2-2017]
K. 
Special use permits shall expire if required construction operations have not substantially commenced within 180 days after the date of issuance of the special use permit. Extension may be granted by the Planning Board upon an application showing reasonable grounds for delay and a reasonable date by which construction operations will substantially commence. A determination should be made by the Planning Board within 65 days of submission of a completed application to the Planning Board.
[Added 10-19-2017 by L.L. No. 2-2017]
L. 
Special use permits shall expire if required construction operations, once substantially commenced, shall cease for a period of more than 90 days. Extension may be granted upon a showing of reasonable grounds for delay and a reasonable date by which construction operations will substantially resume.
[Added 10-19-2017 by L.L. No. 2-2017]
M. 
Special use permits shall expire if the special use or uses shall cease for more than 12 consecutive months for any reason.
[Added 10-19-2017 by L.L. No. 2-2017]
For every such special permit use, the Board shall determine that:
A. 
Such use will be in harmony with and promote the general purposes and intent of this chapter.
B. 
Such use will be in harmony with the permitted uses in the general area of the property and shall not be detrimental to such uses.
C. 
The proposed use will not have a significant adverse impact on adjacent properties.
D. 
The lot shall be of sufficient size, appropriate and adequate for the proposed use and the reasonably anticipated operation and expansion thereof.
E. 
The proposed use conforms with any special requirements or conditions as set forth hereafter.
F. 
Access facilities, entrances and exits shall not have the effect of creating traffic congestion or a potentially unsafe condition. In this regard the Board shall consider the estimated traffic to and from the site and the use of the site by customers and/or the public. Vehicle entrances and exits shall be clearly visible from the street.
G. 
All proposed curb cuts and/or driveways have been approved by the appropriate agency or agencies having jurisdiction.
H. 
There is adequate off-street parking and loading facilities sufficiently constructed for the anticipated number of occupants, both employees and patrons or visitors, and further that the layout for the spaces and driveways adequately addresses all safety issues.
I. 
There is adequate buffering and screening between the proposed site and adjoining properties in order to adequately protect the characteristics and uses of the adjacent properties and land uses.
J. 
The applicant shall demonstrate that there is an adequate supply of water to the site and that adequate provisions have been made for sewage, refuse or other waste.
K. 
The applicant shall demonstrate that there has been adequate provision for the collection and disposal of all drainage and stormwater runoff from the site.
L. 
The proposed use shall be in compliance with all applicable performance and design standards as set forth in this chapter.
M. 
The location, size of the use, nature and intensity of the operations, site layout and its relation to streets and highways giving access to the site shall be such that the proposed use will not be hazardous, inconvenient or detrimental to the neighborhood. In applying this standard, the Board shall consider, among other things, convenient and safe routes of pedestrian traffic, particularly of children, relation to main traffic thoroughfares and to street and road intersections, and the general character and intensity of the development of the neighborhood.
N. 
The applicant has secured all necessary permits from any federal, state or local authority, including site plan approval; provided, however, that the Board may, in its sole discretion, grant conditional approval and establish a time frame for final approval upon the issuance of any required permits. In this regard, the applicant shall demonstrate that all necessary permits have been applied for. Conditional approval shall not be applicable for permits required for ingress and egress.
O. 
The applicant has demonstrated compliance with all wetlands and all flood zone regulations.
P. 
The proposed use shall have adequate lighting, but such lighting will not shine directly on or result in unnecessary glare to adjacent properties.
[Amended 5-16-2002 by L.L. No. 2-2002; 4-10-2003 by L.L. No. 1-2003; 4-21-2005 by L.L. No. 3-2005; 12-20-2007 by L.L. No. 2-2007; 8-19-2010 by L.L. No. 4-2010; 8-2-2012 by L.L. No. 5-2012; 8-15-2013 by L.L. No. 1-2013; 4-7-2016 by L.L. No. 2-2016]
No authorization for a building shall be granted by the Board for any use listed in this section, unless the Board shall specifically find that, in addition to meeting all the general standards set forth in Article V, the proposed special permit use also meets the special conditions and safeguards required in this section. Notwithstanding the foregoing, any use by special permit in a Commercial or Business Zone shall also comply with the design standards set forth in § 190-13 and the Dimensional Regulations of Appendix D.[1]
A. 
Adult use and entertainment establishments. Adult use and entertainment establishments shall be permitted subject to the following special conditions and safeguards. No variance may be granted with respect to any of these requirements:
(1) 
An adult use and entertainment establishment shall be allowed only in the C-I-3 Zoning District and within such district shall not be allowed:
(a) 
Within 500 feet of the boundary of any residential zoning district in the Town;
(b) 
Within 500 feet of the property line of a parcel used for residential purposes in the Town;
(c) 
Within 500 feet of the property line of a parcel containing a church, synagogue, other place of worship, library, school, day-care facility, park or playground in the Town;
(d) 
On the same parcel as another adult use and entertainment establishment; or
(e) 
Within 1,000 feet of the property line of another adult use and entertainment establishment, whether or not such other establishment is located in the Town.
The above distances of separation shall be measured from the nearest exterior wall of the portion of the structure containing the adult use and entertainment establishment.
(2) 
An adult use and entertainment establishment cannot be an accessory or secondary use to any other permitted use existing at the subject property.
(3) 
All adult use and entertainment establishments shall be conducted in an enclosed building. It shall be a violation of this Zoning Law 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.
(4) 
All adult use and entertainment establishments must also comply with all of the other rules, regulations and laws of the Town of Ghent, including but not limited to district lot, bulk and setback requirements and reasonable parking, signage, screening and lighting requirements, as well as all of the rules, regulations and laws of the State of New York and the United States of America.
(5) 
Adult use and entertainment establishments shall not permit persons under the age of 18 years to enter the premises.
(6) 
Adult use and entertainment establishments shall not publicly display explicit or sexual messages or images.
(7) 
No alcoholic beverages may be served or allowed on the premises of an adult use and entertainment establishment; nor shall alcoholic beverages be sold at an adult use and entertainment establishment for consumption off premises.
B. 
Artists cultural center or retreat. An artists cultural center or retreat must have at least 20 acres of land.
C. 
Auditorium, meeting hall.
(1) 
No building or structure shall be located within 50 feet of any property line.
(2) 
Lot coverage shall not exceed 20%.
(3) 
The site boundaries shall be at least 200 feet distance along any bounding street from any residential district boundary line.
D. 
Bed-and-breakfast facility:
(1) 
A bed-and-breakfast facility shall be considered nonresidential; any application shall include a site plan which shall be reviewed and approved by the Board in accordance with the applicable standards of this chapter. The site plan shall show the location of all improvements on the property, including the location of the well, septic system and proposed area for parking.
(2) 
The facility must be operated by the owner(s) of the parcel or structure involved, who shall reside on the premises at all times that guests are there.
(3) 
The facility shall have not more than four rooms for fee paying guests. Such rooms must be located in the main dwelling.
(4) 
The minimum lot size required for the establishment of such a facility shall be the minimum lot size for a single-family dwelling in the district where the parcel is located, plus 10,000 square feet for each room utilized by fee paying guests.
(5) 
The applicant must submit proof satisfactory to the Board, demonstrating that the on-lot septic system and water supply is adequate for the maximum occupancy of this facility, including the resident/owner operator.
(6) 
No meals may be served other than breakfast. No meals or beverages shall be served to persons other than those who are actual fee paying guests or the resident/owner operator.
(7) 
There must be a common dining area, a separate dining area for guests only is not permitted.
(8) 
Off street parking requirements:
(a) 
Generally, off street parking shall be located in the rear yard only. However, an area variance for this requirement may be granted by the Board under appropriate circumstances.
(b) 
The parking area shall be constructed of a suitable surface.
(c) 
The minimum number of parking spaces shall be as follows: one person per each room to be utilized by fee paying guests, three for the resident owner/operator and his or her family.
(9) 
There shall be compliance with the sign regulations as set forth in Article VIII.
(10) 
Approval of ingress and egress to and from the premises shall be obtained from the highway agency having jurisdiction over the road in which the property fronts.
(11) 
If, after the approval and issuance of a special permit for a bed-and-breakfast facility, the Board shall subsequently determine, after a hearing, that there is a violation of any of the applicable terms, conditions and standards set forth herein for a bed-and-breakfast facility, or with regard to any of the applicable provisions of the Zoning Chapter, then the Board may revoke the special permit issued for the bed-and-breakfast facility.
E. 
Bus passenger shelter. The shelter shall be so located that there is ample room to permit the bus to leave the traveled roadway conveniently for picking up or discharging passengers.
F. 
Car wash.
(1) 
The lot area shall not be less than 20,000 square feet, and shall have a minimum frontage of 150 feet along a major street or highway.
(2) 
No church, school, library, playground or similar place of public assembly shall be within 500 feet of the site.
(3) 
Storage area for vehicles waiting for service shall be provided on-site and shall not occur on a public street or highway. Not more than five motor vehicles shall be stored outdoors overnight.
(4) 
A car wash shall not provide other than washing, waxing, simonizing or similar treatment services.
(5) 
Outdoor storage and display of accessories, portable signs and outdoor repair work shall be prohibited at all times. Premises shall not be used for the sale, rent or display of automobiles, trailers, mobile homes, boats or other vehicles.
G. 
Commercial rural recreational facilities.
(1) 
Commercial rural recreational facilities shall be limited to those customarily considered to be outdoor sports, except those sports that involve motorized racing or contests involving motorized vehicles.
(2) 
Supplementary accessory commercial uses designed to support the principal use of the land shall be oriented in the site plan and in appearance toward that principal use rather than to the road frontage and transient services.
(3) 
Public access to such use shall only be from a public highway.
(4) 
There shall be compliance with the sign regulations set forth in Article VIII.
(5) 
All the activities of such recreational use shall be contained on the site and at a sufficient distance from the boundaries so as not to adversely influence the development of adjacent properties.
(6) 
The development plan for such site shall clearly demonstrate the intent to maintain the site's natural environment in its native condition and thus to conserve the appearance of the countryside and minimize the impact of parking areas and of cleared wooded areas.
(7) 
The site shall have a minimum area of 50 acres unless the applicant can demonstrate by clear and convincing proof that the use can adequately exist with less acreage. Not more than 50% of the site shall be devoted to such use. The remaining 50% shall be maintained as a natural transition or buffer area.
H. 
Concerts, exhibitions or festivals.
(1) 
This use shall be subject to site plan review by the Planning Board.
(2) 
The applicant must notify the relevant fire departments, police agencies, Columbia County Health Department and emergency management agencies and shall demonstrate compliance with all requirements from these entities.
(3) 
The applicant must demonstrate adequate measures have been taken in connection with fire protection, crowd security, police protection, public safety, traffic regulation, parking, sanitary facilities, adequate water supply, garbage disposal, emergency evacuation plan, first aid and cleanup.
(4) 
The Planning Board is authorized to regulate hours for the event.
(5) 
No such activity shall take place within 300 feet of an adjoining lot owned by a different person or entity. The Planning Board is authorized to require adequate fencing of the perimeter for this proposed use, if appropriate.
(6) 
The Planning Board shall have the authority to require a bond posted for the adequate performance by the applicant of the conditions of any permit.
(7) 
The applicant shall execute a written authorization permitting officials of the Town, county and state, or their designated agents, including fire personnel and police, for concert/festival inspections before, during and after such event.
(8) 
The applicant shall obtain adequate insurance to be reviewed and approved by the attorney for the Town. The Planning Board shall require the applicant to name the Town as an additional insured for any such concert or festival. Such insurance shall be for a minimum of $1,000,000 for bodily injury or death and not less than $1,000,000 for property damage. The Planning Board shall further have the authority to require insurance at greater levels upon a determination that such minimum amounts are insufficient based upon the size and/or scope of the event. Failure of the applicant to keep such policy in effect will result in automatic revocation of the permit.
(9) 
There shall be no more than two concerts/exhibitions/festivals held at any one site during the course of any calendar year. The maximum duration for each such event shall be part or all of two calendar days.
(10) 
There shall be no more than two concerts/exhibitions/festivals held by any organization or individual(s) during the course of any calendar year. The maximum duration for each such event shall be all or part of two calendar days.
(11) 
The Planning Board shall have the authority to deny the request for a special permit for concerts, exhibitions or festivals in the case where the applicant has previously held such event and did not adequately comply with the requirements of the special permit issued for such previous event.
(12) 
Any special permit granted for concerts, exhibitions or festivals as provided for herein shall be specific to that particular event only and shall not run with the land.
(13) 
No application for special permit for concerts, exhibitions or festivals shall be made greater than one year from the proposed date for such activity.
(14) 
The applicant shall provide the name of an individual who is determined by the Board to be responsible as the person in charge of the use and who shall be on the property or available while the property is occupied or in use for such activity.
(15) 
The applicant shall authorize any employee or representative of the Town to enter the premises at any reasonable time to ascertain compliance with the provisions of any such permit.
(16) 
The applicant shall provide satisfactory proof to the Planning Board that there will be removal of all structures erected for use during such event immediately after conclusion of such event.
(17) 
Nothing set forth herein shall be construed to waive the requirements of § 190-18 of the Ghent Code, which shall be applicable hereto.
(18) 
The Planning Board shall create an application for this use in accordance with the provisions set forth herein and may amend same from time to time as it deems necessary.
(19) 
Notwithstanding anything set forth in this subsection to the contrary, any event conducted or sponsored by the Town or any fire company in the Town for the benefit of the community shall be exempt from these regulations, shall be considered a permitted use and shall not require site plan approval.
I. 
Contractor facility. In addition to the existing standards for the applicable zone, the following special performance standards are also applicable to this use:
(1) 
All equipment and materials must be stored in buildings and structures having a roof and a minimum of three sides.
(2) 
All motor vehicles and trailers registered for over-the-road use shall be stored only in the rear yard. Such storage or parking areas shall be screened from adjacent lands by the use of a solid fence, not less than eight feet high, or a double row of evergreen plantings, at least eight feet high, spaced no more than six feet apart, that constitutes a visual barrier.
(3) 
No construction debris shall be stored on site except in containers (dumpsters) and such containers shall be emptied on a regular bases. No excavated materials shall be stored on site. Any materials returned to the site for future use shall be stored within a building or structure having a roof and a minimum of three sides. No storage of junk or debris shall be permitted.
(4) 
All repair and maintenance of vehicles and equipment shall be performed only within a building or structure. Large excavating equipment may be repaired outdoors, providing the area used for such repairs is completely enclosed by a solid fence not less than eight feet in height.
(5) 
Ancillary professional services such as engineering, design services, interior decorating services, etc. may be located on the site as a permitted part of the contractor facility. No retail sale of any products shall be permitted other than those that are actually produced on site.
(6) 
All employee, customer or visitor parking shall be located in the side or rear yards and shall be located where no conflict between it and the movement of business vehicles and equipment will result.
(7) 
All on-site fuel storage tanks shall be above ground and shall be located within a nonpermeable containment basin. All fuel tanks will be required to have barriers that will prevent accidental striking by vehicles and equipment. The maximum amount of fuel that may be stored on site is 1,000 gallons.
(8) 
All contractor facilities shall be designed to provide adequate access for fire-fighting equipment to all buildings and structures. Adequacy of this access will be determined by the local fire chief and a letter, signed by the local fire chief must be presented to the local Zoning/Code Enforcement Official prior to the issuance of any certificate of occupancy.
(9) 
All contractor facilities must conform to the requirements for a non-nuisance industry, except that the screening required may be modified in accordance with these special permit provisions.
J. 
Filling station.
(1) 
No church, school, library, playground or similar place of public assembly shall be within 500 feet of the site.
(2) 
All pumps and lubricating and other devices shall be located at least 50 feet from any building, structure or street line.
(3) 
Premises shall not be used for the sale, rent or display of automobiles, trailers, mobile homes, boats or other vehicles.
(4) 
The lot area shall be not less than 20,000 square feet, and shall have a minimum frontage along the principal street or highway of at least 150 feet.
[Added 5-18-2017 by L.L. No. 1-2017]
(5) 
All repair work and storage shall be conducted within a completely enclosed building. The maximum height of that building shall be 25 feet.
[Added 5-18-2017 by L.L. No. 1-2017]
(6) 
The Planning Board may limit the number of gas pumps to ensure consistency in scale between the gas filling station and adjacent land uses.
[Added 5-18-2017 by L.L. No. 1-2017]
(7) 
The Planning Board may limit hours of operation or limit acceptable hours of fuel delivery where a gas station is adjacent to residential uses.
[Added 5-18-2017 by L.L. No. 1-2017]
K. 
Horse boarding and stables.
(1) 
This use shall be permitted by special permit on vacant land or on a lot where a one-family residence or two-family residence already exists.
(2) 
Such use shall not be permitted on any lot less than five acres.
(3) 
The Board shall determine the maximum number of horses allowed. In making this determination, the Board shall consider the space available, which is required in order to prevent overcrowding, and the available facilities provided for the care and protection of the horses.
(4) 
The horses shall be housed in a permanent, enclosed building, having a roof and at least three sides.
(5) 
The site plan shall demonstrate that there is adequate control of the horses, including designation of the area of the parcel to be utilized, and including proper fencing to assure that the horses will not be able to break out of such designated areas or wander onto adjacent properties and/or any public highways.
(6) 
Any building, structure or use area (except an off-street parking area) shall be at least 50 feet from the property line.
L. 
Kennels. In addition to the general requirements of this section for a special permit, the following conditions shall also be required for a kennel:
(1) 
The Board shall determine the maximum number of dogs allowed. In making this determination, the Board shall consider the space available within the permanent enclosed building which is required in order to prevent overcrowding.
(2) 
A kennel may exist on the same lot as a residence.
(3) 
The required lot area for a kennel shall be double the minimum lot area for the zone.
(4) 
The dogs shall be housed in a permanent enclosed building which shall be constructed of soundproof materials so as to adequately minimize the noise.
(5) 
The dogs shall be kept inside the enclosed kennel structure during the hours of darkness.
(6) 
The owner or occupant shall maintain adequate control of the dogs and shall provide adequate protection to ensure that the dogs are not able to leave the premises.
(7) 
Any building, structure or use area (except an off-street parking area) shall be at least 50 feet from the property line.
(8) 
The owner or occupant shall take all appropriate steps to adequately protect adjacent properties from odor and/or unsightly appearance.
(9) 
The applicant must obtain a valid license from the appropriate agency of the State of New York as well as from any other municipal agency which shall require licensing for the dogs.
(10) 
A violation of any of the terms and conditions set by the Board for granting the special permit shall result in automatic revocation of such special permit.
[Amended 5-16-2002 by L.L. No. 2-2002]
M. 
Membership club, nonprofit. Lot coverage shall not exceed 20%.
N. 
Mining. Mining is allowed by special permit in certain areas of the Town as set forth on the mining overzone map and in accordance with specific laws involving mining as set forth in Article XII hereafter.
O. 
Mobile home park.
(1) 
Application procedure.
(a) 
Any special permit for a mobile home park shall be granted for one year only, beginning from the day of issuance.
(b) 
An application for renewal of a special permit that was issued in accordance with the provisions of this section must be submitted to the Building Inspector on or before the first day of the month preceding the expiration of the permit.
(c) 
The renewal application shall not be accompanied by plans of the park unless changes have been made to it. If changes have been made, initial application procedures must be followed.
(d) 
The fees for initial application and annual renewal shall be established by the Town Board.
(e) 
Each initial application shall be accompanied by three sets of plans which are prepared by a surveyor, engineer or qualified person. The plans shall be drawn to scale of 20, 40 or 50 feet to one inch, shall include the date, North point and scale and shall furnish the information specified under application data.
(2) 
Application data.
(a) 
Legal data.
[1] 
The name and address of the applicant; or the name and address of each partner if the applicant is a partnership; or the name and address of each officer and director if the applicant is an association or corporation.
[2] 
The description of the land that is proposed to be used as a mobile home park, together with a map showing its location in the Town.
[3] 
The number of lots to be provided in such park.
(b) 
Physical features.
[1] 
Contours at two-foot intervals.
[2] 
Location of watercourses, marshes and areas subject to flooding.
[3] 
Wooded areas.
(c) 
Existing development.
[1] 
A location map which shows all land within 300 feet of the proposed park and all structures on the land which abuts the proposed park.
[2] 
The location, names and widths of all adjacent streets.
[3] 
The location of all water lines and utilities within and adjacent to the proposed site.
(d) 
Proposed development.
[1] 
The location and widths of all entrances, exits, streets and walkways.
[2] 
The location, size and arrangement of each lot within the park.
[3] 
The method and plan for electric lighting.
[4] 
The location and plan of all proposed structures and improvements.
[5] 
Any proposed grading and plans for landscaping.
[6] 
Any proposed stormwater drainage.
[7] 
Any proposed utilities.
[8] 
Any public improvements proposed by the Town in or adjoining the proposed park.
[9] 
Existing zoning.
(e) 
Performance bond. The Board, as a condition to the approval of any application for a mobile home park, may require a performance bond in an amount deemed necessary by the Board and issued by a reliable surety, insuring the completion of the mobile home park according to the specifications and plans submitted with the application.
(3) 
Requirements for mobile home parks.
(a) 
Site.
[1] 
The park shall be located in areas where grades and soil conditions are suitable for use as mobile home sites.
[2] 
The park shall be located on a well-drained site which is properly graded to ensure rapid drainage and be free at all times from stagnant pools of water.
[3] 
The park shall be free from heavy or dense growth of brush and woods.
[4] 
The park shall be at least five acres in size, 100 feet frontage on a public road.
(b) 
Mobile home lot.
[1] 
Each mobile home park shall be marked off into mobile home lots.
[2] 
The total number of mobile home lots in a mobile home park shall not exceed four per gross acre.
[3] 
Each mobile home lot shall have a total area of not less than 10,000 square feet with a minimum dimension of 70 feet.
(c) 
Mobile home placement.
[1] 
Any mobile home shall not be parked or otherwise located nearer than a distance of:
[a] 
At least 50 feet to an adjacent mobile home in any direction.
[b] 
At least 50 feet to an adjacent property line.
[c] 
At least 100 feet to right-of-way line of public street or highway.
[d] 
At least 20 feet to the nearest edge of any roadway location within the park.
[2] 
Only one mobile home shall be permitted to occupy any one mobile home lot.
[3] 
No more than 50 mobile homes shall be allowed to occupy any single mobile home park.
[4] 
No mobile home park shall be located within two miles of any other mobile home park situated in the Town of Ghent.
(d) 
Individual mobile home stand shall be:
[1] 
Located on a permanent foundation or concrete slab and shall be permanently anchored. The foundation or slab shall be at least four inches thick.
[2] 
Skirted within 30 days of installation on the site.
[3] 
Prior to the occupancy of the mobile home, the water and sewer system shall be inspected and approved by the Columbia County Health Department and such proof shall be presented to the Zoning Enforcement Officer.
[4] 
Electrical wiring to the mobile home shall be underground from the last pole to the mobile home, and the last pole shall be at least 50 feet from the mobile home.
[5] 
Prior to occupancy, a mobile home shall have sleeping accommodations, flush toilet, a tub or shower, kitchen facilities, plumbing and heating connections for attachment to outside systems and shall otherwise fully comply with the requirements of the State Building Code.
(e) 
Accessibility.
[1] 
Each mobile home park shall be easily accessible from an existing public highway or street.
[2] 
Where a mobile home park has more than 16 mobile homes, two points of entry and exit shall be provided, but in no instance shall the number of entry and exit points exceed four.
[a] 
Such entrances and exits shall be designed and strategically located for the safe and convenient movement into and out of the park, and to minimize friction with the free movement of traffic on a public highway or street.
[b] 
All entrances and exits shall be at right angles to the existing public highway or street.
[c] 
All entrances and exits shall be free of any material which would impede the visibility of the driver on a public highway or street.
[d] 
All entrances and exits shall be of sufficient width to facilitate the turning movements of vehicles with mobile homes attached.
[3] 
Each park shall have improved streets to provide for the convenient access to all mobile home lots and other important facilities within the park. Streets shall be improved to at least meet Erwin Plan specifications.
[a] 
The street system shall be so designed to permit the safe and convenient vehicular circulation within the park.
[b] 
Streets shall be adapted to the topography and shall have suitable alignment and gradient for traffic safety.
[c] 
All streets shall intersect at right angles.
[d] 
All streets shall have the following minimum widths:
[e] 
One-way traffic movement: 15 feet.
[f] 
Two-way traffic movement: 25 feet.
[g] 
Except in cases of emergency, no parking shall be allowed on such street.
[4] 
An improved driveway shall be provided for each mobile home lot. This driveway shall have a minimum width of nine feet.
(f) 
Parking.
[1] 
One off-street parking space shall be provided on each mobile home lot. The parking space shall be of similar construction and grading as the mobile home stand. Such space shall have a minimum width of nine feet and a minimum length of 20 feet.
[2] 
Additional off-street parking space shall be provided at strategic and convenient locations for guests and delivery and service vehicles.
[a] 
There shall be one additional parking space for each two mobile home lots within the park.
[b] 
Such parking space shall be provided in bays which shall provide for adequate maneuvering.
(g) 
Utilities and service facilities.
[1] 
The following utilities and services facilities shall be provided in each mobile home park which shall be in accordance with the regulations and requirements of the Columbia County Department of Health, the New York State Department of Health and the Sanitary Code of New York State.
[a] 
An adequate supply of pure water for drinking to mobile home lots and buildings within the park for domestic purposes shall be supplied by pipes to all home lots and shall be provided with proper water connections.
[b] 
Each mobile home lot shall be provided with a sewer, which shall be connected to the mobile home situated on the lot, to receive the waste from the shower, tub, flush toilet, lavatory and kitchen sink in such home. The sewer shall be connected to a public or private sewer system so as not to present a health hazard. Sewer connections in unoccupied lots shall be so sealed to prevent the emission of any odors and the creation of breeding places for insects.
[c] 
Metal garbage cans with tight-fitting covers shall be provided in quantities adequate to permit the disposal of all garbage and rubbish. The cans shall be kept in sanitary conditions at all times. The cans shall be located no further than 200 feet from any mobile home lot. Garbage and rubbish shall be collected and disposed of as frequently as may be necessary to ensure that such cans shall not overflow.
[2] 
Service buildings shall be provided as deemed necessary for the normal operation of the park, however, such buildings shall be maintained by owner or manager of the park in a clean, sightly and sanitary condition.
[3] 
Each mobile home lot shall be provided with weatherproof electric service connections and outlets which are a type approved by the New York State Board of Fire Underwriters.
(h) 
Open space.
[1] 
Each mobile home park shall provide common open space for the use of the occupants of such park.
[2] 
Such open space shall be conveniently located in the park. Such space shall have a total area equal to at least 10% of the gross land area of the park.
(i) 
Landscaping.
[1] 
Lawn and ground cover shall be provided on those areas not used for the placement of mobile homes and other buildings, walkways, roads and parking areas.
[2] 
Planting shall be provided to the extent needed in order to provide for the screening of objectionable views, adequate shade and a suitable setting for the mobile homes and other facilities.
[a] 
Screening planting shall be provided to screen objectionable views. Views which shall be screened include laundry facilities, other nonresidential uses, garage storage and collection areas and all abutting yards of adjacent properties.
[b] 
Other planting shall be provided along these areas within the park which front upon existing public highways and streets to reduce glare and provide pleasant outlooks for the living units.
(j) 
Recording.
[1] 
The owner or operator of each mobile home park shall keep a written record of all persons occupying or using the facilities of such park. This record shall be available for a period of at least one year from date of occupancy.
[2] 
This record shall include:
[a] 
The name and address of the occupant of each mobile home.
[b] 
The name and address of the owner of each mobile home which is not occupied by such owner.
P. 
Motor vehicle, mobile home or boat salesroom or outdoor sales lot. The display of motor vehicles, mobile homes and/or boats shall not be allowed in the required front, side or rear yard setbacks. The total area for the outdoor display of motor vehicles, mobile homes and/or boats, including the rows and/or spaces in between, shall not exceed 25% of the total lot. There shall be adequate spacing in between these vehicles, mobile homes and/or boats.
Q. 
Multiple dwelling. The required minimum lot area for a multiple dwelling shall be computed by adding 10,000 square feet for each dwelling unit to the minimum lot area requirement for a one-family residence in the zone in which the dwelling is located.
R. 
Nursery school.
(1) 
The lot area shall be not less than one acre.
(2) 
There shall be not more than one pupil for every 1,500 square feet of lot area.
(3) 
All buildings, structures and areas of organized activity such as play areas, swimming pools, etc., shall be not less than 75 feet from any property line.
(4) 
Off-street parking areas shall be not less than 50 feet from any property line.
(5) 
Only one permanent family dwelling unit shall be located on the premises, and said dwelling unit shall comply with the provisions of this chapter for the district in which the lot is located.
(6) 
Outdoor floodlighting or public address systems are prohibited.
(7) 
There shall be compliance with the sign regulations set forth in Article VIII.
(8) 
Landscaping and fencing shall be provided as required by the Planning Board.
S. 
Nursing home, adult home.
(1) 
The lot area shall be not less than one acre and shall have a minimum frontage of 150 feet along the principal bounding street.
(2) 
All buildings and structures shall be not less than 50 feet from any property line.
(3) 
Lot coverage shall not exceed 50%.
T. 
Parking garage.
(1) 
There shall be adequate provision for access to the site.
(2) 
Vehicular entrances and exits shall be controlled by curbing.
(3) 
Facilities for servicing, repairs and outdoor storage of motor vehicles shall be prohibited.
U. 
Philanthropic, fraternal or social organization office or meeting room.
(1) 
All buildings and structures shall be not less than 50 feet from any property line.
(2) 
Lot coverage shall not exceed 20%.
V. 
Seasonal campgrounds.
(1) 
The maximum number of sites shall be 50.
(2) 
A seasonal campground shall be a minimum of 10 acres.
(3) 
The applicant shall demonstrate that there is adequate water and sewers for each unit.
(4) 
The applicant shall demonstrate that there is adequate ingress and egress for each unit and adequate ingress and egress to and from the public roadway.
(5) 
The applicants shall secure all necessary permits from New York State and from the Columbia County Health Department.
W. 
Septage spreading.
(1) 
The operator must have a valid DEC permit for the specific site involved.
(2) 
No septage may be spread within 100 feet of any property line, 500 feet of any dwelling, 25 feet of any swale, 200 feet of any potable water well or 250 feet of any watercourse as shown on the US Geological Topographical Map or within 100 feet of any other area which has been designated as a wetland.
(3) 
The applicant shall file a map specifying the exact location of the area to be utilized. The Board may require a survey map showing topographical details. Septage may only be spread within such area as is approved by the Board of Appeals.
(4) 
Sod cover must be maintained on any septage site or, in the absence of such cover, septage must be incorporated into the soil within 24 hours of being spread.
(5) 
If approved by DEC, the applicant may utilize ditches for temporary winter storage. However, if permission for the same is granted, a liner approved by DEC must be installed and ditches must be pumped dry as soon as possible in the spring.
(6) 
No more than 25,000 gallons of septage may be spread per acre in any calendar year.
(7) 
The Town must be furnished a copy of the annual report made to the Department of Environmental Conservation showing total acres used and total volume spread.
(8) 
The Town of Ghent reserves the right, but not the duty, to inspect the fields being utilized for spreading of septage at any time without notice.
(9) 
The granting of a permit is conditional upon the applicant furnishing the Town a written statement agreeing to such inspection.
(10) 
The Town of Ghent shall have the right to revoke the special permit issued at any time if any of the above stated conditions are not fulfilled.
X. 
Bulk storage and distribution of fuel, kerosene, oil, or propane, excluding filling stations.
[Amended 5-18-2017 by L.L. No. 1-2017]
(1) 
Any such installation of flammable liquids or gas shall be in conformance with the applicable recommendations of the National Board of Fire Underwriters.
(2) 
The recommendations of the local fire chief having jurisdiction shall also be considered prior to approval of such a use.
(3) 
All such uses shall be located on sites large enough to contain the impact of any potential accident that might result from their existence without damage to adjacent properties.
Y. 
Temporary residential use/health related. The Board is hereby specifically empowered to grant a special permit on a temporary basis for temporary residential use in a health-related situation, pursuant to the guiding principles of this section, and where there are practical difficulties in meeting the area requirements set forth in Appendix B.[2] Accordingly, the Board may issue a temporary permit for use of a mobile home, modular unit or for the temporary conversion of a one-family detached dwelling for another family in a situation where, for health-related reasons it is necessary for a person related by blood, marriage or adoption to reside near the owner/resident of the parcel in question. Such a temporary permit may be granted where it is shown that the interests of justice will be served, where the granting of such a permit will not result in a substantial detriment to the public welfare, and where other potential solutions to the situation are not practical. The following additional criteria apply:
(1) 
Any permit so issued must be renewed each January with the Town Clerk. Each initial application must be accompanied by a physician's statement showing that a health-related need exists, and each application for renewal shall also be accompanied by an updated physician's statement to this effect.
(2) 
Such a temporary permit shall not be granted where the parcel in question can meet the standards for the establishment of two residences on a single parcel.
(3) 
Health-related temporary residences shall only be utilized by persons related by blood, marriage or adoption to the owner of the parcel, who must also reside on the same parcel.
(4) 
The Columbia County Health Department shall inspect and approve the on-lot septic system and adequacy of the water supply, whether a second series of systems is established or whether the existing facilities are used.
(5) 
The use must be discontinued within 90 days after such health-related need has ceased. The failure to renew a permit shall be presumptive evidence that such use has ceased.
(6) 
The applicant and/or owner/resident cannot use the costs incurred in establishing this temporary residence or in installing a mobile home or modular unit as grounds for obtaining a permanent variance to allow the continuation of such use after the health-related situation no longer exists.
(7) 
No mobile home or modular unit installed pursuant to such temporary permit shall be located closer than 50 feet to the permanent residence.
(8) 
No additions to any mobile home or modular unit shall be constructed except for porches and/or decks.
(9) 
Any mobile home permitted under this subsection shall be skirted within 30 days of occupancy.
(10) 
The separation restrictions for mobile homes provided for in § 190-7 of this chapter shall not be applicable under this subdivision.
(11) 
No mobile home or modular unit permitted hereunder shall be greater than 1,000 square feet.
(12) 
The fee and the renewal fee for a temporary permit shall be established by the Town Board.
[2]
Editor's Note: Appendix B is included as an attachment to this chapter.
Z. 
Truck terminal, truck transfer station.
(1) 
The lot area shall not be less than 20,000 square feet.
(2) 
No church, school, library, playground or similar place of public assembly shall be within 500 feet of the site.
(3) 
All outside fuel pumps, lubricating and other devices shall be located at least 25 feet from any building, structure or street line.
(4) 
No repair work shall be performed outdoors.
(5) 
All fuel, oil, gasoline or similar substances shall be stored at least 30 feet from any and all lot lines and installed and maintained in accordance with the standards of the National Board of Fire Underwriters and in conformity with all federal, state and local laws, rules and regulations.
(6) 
All dismantled automobiles, trucks, tractors, trailers and similar equipment, and parts and accessories thereof, shall be stored within a building.
(7) 
All parking areas for operating vehicles shall be paved, curbed and drained in accordance with municipal specifications. Such areas shall be at least 50 feet from any Residence District boundary and at least 10 feet from any property line. No vehicle shall park or stand outside such paved parking area.
(8) 
Screening shall include planting of evergreen bushes or trees in addition to a fence so that truck motor noise and the sound of overnight operation of refrigeration units will tend to be muffled.
AA. 
Two residences on the same lot. Generally, this chapter does not permit more than one residence on the same lot. However, where there is proposed to be more than one residence on a single lot, such additional residence shall be allowed by special permit (SP) in the RRA-1 and RRA-2 Zones in the following circumstances:
(1) 
Where the second residence shall be located on the lot in a manner so that all of the minimum dimensional requirements governing the location for each residence are met. Specifically, the residences shall be located so that, in the event of a future subdivision of the property, all of the dimensional requirements set forth in Appendix B[3] will be met by each residence; or
[3]
Editor’s Note: Appendix B is included as an attachment to this chapter.
(2) 
In a case where the second residence cannot be located on the lot in a manner so that all of the minimum dimensional requirements governing the location for each residence are met, the second residence shall be allowed as an accessory use for the first residence, provided that:
(a) 
No future subdivision separating the two residences will be permitted, and this restriction shall be noted on the building permit and certificate of occupancy for the second residence; and
(b) 
The second residence must still meet the front yard, side yard and rear yard setbacks for a dwelling in the applicable zone.
(c) 
The second residence shall not be greater than 2/3 the size of the existing residence unless the subject lot is 10 or more acres.
(d) 
The lot shall be at least two acres in the RRA-1 Zone and at least four acres in the RRA-2 Zone.
BB. 
Veterinarian, veterinary hospital or clinic.
(1) 
Adjacent properties shall be adequately protected from noise, odors and unsightly appearance.
(2) 
All buildings, structures and accessory use areas, except off-street parking, shall be at least 50 feet from any property line.
CC. 
Lodging.
[Added 5-18-2017 by L.L. No. 1-2017]
(1) 
The establishment must provide one parking space for each bedroom, plus one space for each four employees.
(2) 
Guest sleeping rooms shall not contain full kitchen facilities and shall not be used as apartments for nontransient tenants. Microwave ovens or small refrigerators are not considered kitchen facilities in the rooms.
(3) 
The following accessory uses shall be permitted:
(a) 
One apartment within the lodging's facility, with or without kitchen facilities, for the use of the lodging manager or caretaker and his or her family.
(b) 
A coffee shop/dining room facility located within the principal building.
(c) 
Recreational facilities for the sole use of guests and employees, including pool, playground, tennis or other game courts, game or recreation rooms, office and lobby.
(d) 
Conference rooms/meeting rooms located within the principal building.
DD. 
Self-storage units.
[Added 5-18-2017 by L.L. No. 1-2017]
(1) 
Storage units shall not be used for the servicing or repair of motor vehicles, boats, recreational vehicles, motorcycles, trailers, lawnmowers and other similar equipment, or for office, retail, light manufacturing or other similar uses. The storage of hazardous, toxic or explosive substances is prohibited.
(2) 
No activities such as miscellaneous garage sales or auctions shall be conducted on the premises. However, the owner shall have the ability to have a sale for foreclosure purposes.
(3) 
All storage uses shall be inside an enclosed building. No outside storage is permitted.
(4) 
No residential uses shall be permitted.
EE. 
Vehicle repair shop.
[Added 5-18-2017 by L.L. No. 1-2017]
(1) 
Storage of waste material. All refuse, discarded parts, etc., as a result of servicing motor vehicles, equipment, etc., shall be stored in an enclosed structure or fenced area so as not to be visible from adjacent lots until disposed of. None of these materials may be disposed of on the lot.
(2) 
The number of motor vehicles that may be temporarily stored, not exceeding four months, at a repair or service establishment shall be as determined by the Planning Board and shall be based on the amount of adequate off-street parking spaces available and location in regard to how it is screened from the public right-of-way and/or neighboring residential uses. These spaces shall be clearly delineated on all site plan and special use permit applications.
[1]
Editor's Note: Appendix D is included as an attachment to this chapter.
[Amended 6-17-2004 by L.L. No. 5-2004]
The Town of Ghent has adopted Local Law No. 5 of the year 2004, which regulates the placement, construction, modification and removal of wireless telecommunications facilities. All requirements for the issuance of a special permit in connection with the placement, construction, modification and removal of wireless telecommunications facilities are set forth and governed by said local law.[1]
[1]
Editor’s Note: See Ch. 185, Wireless Telecommunications Facilities.