The uses specified in this article are hereby declared to possess unique characteristics requiring that each proposal for any such use shall be considered by the Planning Board as an individual case. Upon application complying with the requirements of Article V, § 135-24C., special use permits may be approved by the Planning Board and issued by the Code Enforcement Officer in accordance with the administrative procedures set forth in Article V and only after it has found that each and all of the following standards have been met:
A.
The proposed special use is consistent with the general
intent of the town's Master Plan and with each of the specific purposes
set forth in this chapter.
B.
The location, size and use of the structures involved,
nature and intensity of the operations involved and size and layout
of the site in relation to the proposed special use are such that
it will be compatible with the orderly development of the use district.
C.
The operation of the proposed special use is no more
objectionable to the uses of nearby properties, by reason of dust
or smoke emission, noise, odors, fumes, pollution of air or water,
including subsurface waters, unsightliness or similar conditions,
than would be the operation of any permitted use.
D.
The proposed special use satisfies each and all standards
and conditions specified for such special use by the relevant provisions
of this article.
E.
The Planning Board may impose additional conditions
or restrictions as it may deem necessary prior to approving any special
use permit application in order to protect public health and safety,
the quality of the town's natural resource base and the value of property.
The Code Enforcement Officer shall make an on-site visit to each property
authorized as a special use not less than one time each year. The
purpose of said site visit is to ensure that the use is being operated
in accord with the conditions specified by the Planning Board. If
the Code Enforcement Officer shall determine that a violation of this
chapter or the conditions imposed by the Planning Board exists, the
certificate of occupancy and/or certificate of compliance shall be
null and void. A new special use permit application shall be required
to be submitted and approved prior to the reestablishment of said
use.
F.
No site preparation or construction shall commence
nor shall existing structures be occupied for any special permit use
until final site plan approval has been granted by the Planning Board
and permits have been issued by all governmental agencies involved.
G.
All special use permits will be subject to review
and renewal by the Town Planning Board on change of ownership of the
original application.
[Added 1-22-2001 by L.L. No. 1-2001]
A.
Essential services, as defined in § 135-8 herein, may be allowed as a special permit use in any zone district upon the approval of a special use permit by the Planning Board.
B.
The Planning Board shall determine the following prior
to approving a special use permit:
(1)
The proposed installation in a specific location is
necessary and convenient for the efficiency of the essential service
or the satisfactory and convenient provision of service to the area
in which the particular use is located.
(2)
The design of any building in connection with such
facility shall conform to the general character of the area and will
not adversely affect the safe and comfortable enjoyment of property
rights in the district in which it is to be located.
(3)
Adequate and attractive fences and other safety devices
will be provided.
(4)
A buffer strip not less than 15 feet in depth shall
be provided around the perimeter of the property proposed for such
use.
(5)
Adequate off-street parking shall be provided.
(6)
All other applicable requirements of this chapter
shall be met.
The Planning Board may approve a special use
permit for motor vehicle service stations, and auto repair shops in
the CC Community Commercial District, provided that the following
standards and conditions are maintained:
A.
In addition to the information required in the special permit application and enumerated in § 135-26 herein, the site plan submitted shall also show the location and number of fuel tanks to be installed, the dimensions and capacity of each storage tank, the depth the tanks will be placed below the ground and number and location of fuel pumps to be installed.
B.
Such uses shall be screened from adjacent uses by
a buffer area not less than 10 feet in depth composed of densely planted
evergreen shrubbery, solid fencing or a combination of both which,
in the opinion of the Planning Board, will be adequate to prevent
the transmission of headlight glare across the district boundary line.
The Planning Board shall determine on an individual case basis how
close to the right-of-way the landscaped buffer shall be required
to be installed. Such buffer screen shall have a minimum height of
six feet above the ground. If said shrubbery becomes decayed and fails
to provide an adequate screen, the Code Enforcement Officer shall
direct the property owner to replace said shrubs.
C.
The entire area of the site traveled by motor vehicles
shall be hard surfaced.
D.
All repairs of motor vehicles, except for minor servicing,
shall be performed in a fully enclosed building. No motor vehicle
parts or partially dismantled motor vehicles shall be stored outside
of an enclosed building.
E.
Motor vehicle service stations may include facilities
for the sale of food, household items and convenience merchandise,
provided that the sale of such items takes place entirely within an
enclosed building.
F.
No commercial parking shall be allowed on the premises
of a motor vehicle service station or auto repair shop.
G.
Accessory goods for sale may be displayed on the pump
island and the building island only. The outdoor display of oil cans
and/or antifreeze and similar products may be displayed on the respective
island if provided for in a suitable stand or rack.
H.
No building or structure, including gasoline pumps
or automotive service appliances, shall be erected within 40 feet
of any street line.
I.
No motor vehicle service station or auto repair shop
may display more than four unregistered vehicles for sale or repair
outside of an enclosed building at any one time.
J.
No motor vehicle service station or auto repair shop
shall have more than two driveways on any public street fronting the
site. The driveway width on any street shall not exceed 1/3 of the
total site frontage on each street.
K.
No driveway shall be closer than 50 feet to the intersection
of two street corner lot lines or within 20 feet of an adjacent lot
line.
L.
No motor vehicle service station or auto repair shop
and no driveway to any such use shall be established within 200 feet
of the boundary line of any residential district or of any school,
church, park, playground, public library or any place of public assembly
designed for the simultaneous use of 100 persons or more, regardless
of the district where the subject premises are located. For the purposes
of this section, the distance shall be measured along the street line
on the side of the street where such use is proposed or such driveway
would cross.
M.
No motor vehicle service station and no outdoor gasoline
or oil pump or automotive service appliance shall be established on
a lot that is within 1,000 feet of another lot measured along the
same street frontage on which there is an existing motor vehicle service
station or outdoor gasoline or oil pump or other automotive service
establishment; or of another lot for which a building permit has been
issued for the erection of a motor vehicle service establishment.
[Added 8-22-2016 by L.L.
No. 2-2016]
The Planning Board may approve a special use permit for the
sale of used passenger vehicles and light trucks to be carried on
in an unenclosed area in the CC Community Commercial District, provided
that the following standards and conditions are maintained:
A.
In addition to the information required in the special permit application and enumerated in § 135-25 herein, the site plan submitted shall also show the location of any businesses that sell new or used vehicles as each business shall be separated by no less than 1,000 feet. The site plan must also provide a layout of vehicles and a maximum number of vehicles for sale on the lot at any given time.
B.
Such sales may be conducted in a fully enclosed permanent structure
located on the same lot devoted to the sales of vehicles.
C.
The sale of used vehicles may be carried on in an unenclosed area,
provided that:
(1)
Such area is on the same or an adjacent lot to such building.
If the enclosed area is on an adjacent lot, the lot shall be not more
than 200 feet from the lot with the building and shall, further, be
in the same ownership as said building, be in a Community Commercial
(CC) District, and be used for no other purpose.
(2)
Such unenclosed area traveled by motor vehicles shall be hard
surfaced (see definitions), suitably drained and maintained in a neat
and orderly manner.
(3)
All exterior illumination shall be approved by the Planning
Board and shall be shielded from the view of all surrounding properties
and streets.
(4)
Such uses shall be screened from adjacent uses by a buffer area
not less than 10 feet in depth composed of densely planted shrubbery,
solid fencing or a combination of both, which, in the opinion of the
Planning Board, will be adequate to prevent the transmission of headlight
glare across the property line. The Planning Board shall determine
on an individual basis how close to the right-of-way the landscaped
buffer shall be required to be installed. Such buffer screen shall
have a minimum height of six feet above the ground. If said shrubbery
becomes decayed and fails to provide an adequate screen, the Code
Enforcement Officer shall direct the property owner to replace said
shrubs.
D.
All service and/or repairs of motor vehicles shall be performed in
a fully enclosed building. No motor vehicle parts or partially dismantled
motor vehicles shall be stored outside of an enclosed building.
E.
No establishment for the sale of used vehicles shall be opened, conducted
or maintained, except as provided above. Site plans for any changes
required to bring about such conformance shall be submitted to and
approved by the Planning Board before any such change shall be made.
The Planning Board may approve, modify or disapprove such plans and
may impose reasonable and appropriate conditions before such approval
is granted, so that the spirit of this chapter shall be observed.
The Planning Board may approve a special use
permit for public and semipublic uses of an institutional, health,
educational, recreational, religious or cultural nature in any zoning
district, provided that the following standards and provisions are
maintained:
A.
A statement setting forth the details of the operation
of the use.
B.
The applicant shall provide the Planning Board with
evidence of approval, certificate of need, license or other similar
document required to initiate or expand such a use from any and all
appropriate regulating agencies.
D.
The proposed use shall meet the minimum off-street
parking and loading and unloading requirements of this chapter, as
well as provisions for landscaping, buffering, signs and accessways.
E.
The Planning Board, in considering the request for
a special use permit, may impose conditions it deems necessary to
protect the health, safety and public welfare of the town.
The Planning Board may approve a special use
permit for townhouse clusters or developments in the R-1-30 Residential
District and the MR Multiple Residence District, provided that the
following standards and provisions are maintained:
A.
General requirements. No site preparation or construction
shall commence nor shall existing structures be occupied until final
site plan approval has been granted by the Planning Board and permits
have been issued by all governmental agencies involved. The following
general requirements and standards shall govern the review and approval
of site plans for townhouse clusters or developments:
(1)
Each townhouse dwelling unit shall be located, constructed
and served by public facilities and services and utilities in such
fashion that each dwelling unit may be sold individually.
(2)
Each individual dwelling unit in a townhouse cluster
shall be separated from other such dwelling units by a fire wall.
Such fire wall shall be of masonry construction, shall extend from
the foundation to the roof and shall be unpierced.
(3)
Natural features, including streams, drainageways
and existing trees, shall be preserved and incorporated in the landscaping
of the development.
(4)
All utility lines which provide electric, gas, telephone,
television or other similar services shall be installed underground.
Surface mounted equipment shall be located in a manner so as to minimize
potential conflict with other uses and activities.
(5)
Plans submitted for townhouse developments shall identify
areas proposed for dedication to the town, areas to be held in common
ownership and property to be owned by individuals.
(6)
Common property shall, except when accepted by the
Town Board for dedication, be privately owned. Where property is to
remain in common ownership, the developer shall provide for and establish
an organization for the ownership and maintenance of such common property.
Rules and regulations proposed to govern the operation and maintenance
of all common property shall be submitted for review and approval
by the Town Board. Common property shall not be changed from its status
or use as common property without specific authorization of the Town
Board. In reviewing proposals for the establishment of organizations
to govern the ownership and maintenance of any common property, the
Town Board shall consider and determine the adequacy of:
(a)
The timetable for the creation of the organization.
(b)
The requirements for membership in the organization
by residents.
(c)
The safeguards to ensure the continuance of
the common property as common property.
(d)
The liability of the organization for insurance,
taxes and maintenance of all facilities.
(e)
The provision for pro rata sharing of costs
and assessments.
(f)
The financial capacity of the organization to
maintain and administer common facilities.
(g)
The proposed relationship between the developer
and the organization and the plan to turn over the responsibility
for the maintenance and administration of common facilities to the
organization.
B.
Minimum standards for townhouse clusters or developments.
(1)
Area. The minimum land area for townhouse clusters
or developments shall be three acres.
(2)
Densities. The maximum density of residential development
per gross acre of land (including roadways, pedestrian walkways, common
recreation and off-street parking areas, open areas and all nonresidential
areas) for townhouse clusters and developments shall not exceed eight
units per acre.
(3)
Open space. Not less than 25% of the land area within
a townhouse cluster or development, excluding parking areas and vehicle
access facilities, shall be developed and maintained as open space
for the use and enjoyment of residents of said cluster or development
and their guests.
(4)
Lot coverage. The coverage of all buildings and structures
within a townhouse cluster or development shall not exceed 25% of
the area of the tract.
(5)
Building height. No townhouse building shall exceed
35 feet in height.
[Amended 8-22-2016 by L.L. No. 2-2016]
(6)
Distance between buildings. The minimum distance between
a townhouse dwelling building and any other structure, including a
swimming pool, shall not be less than 25 feet.
(7)
Setbacks. No minimum front, side or rear setbacks
shall be required within a townhouse cluster or development, except
when dwelling units are positioned relative to a public street. Where
a structure faces or abuts a public street, no part of the structure
shall be located closer than 40 feet to the public right-of-way. No
structure shall be setback less than 20 feet from any common parking
area or a property line which serves as a boundary between the townhouse
cluster or development and adjacent residential uses.
(8)
Setbacks from other districts. No structure within
a townhouse cluster or development shall be located closer than 40
feet to any residential district boundary line. This setback shall
be increased to 50 feet where the zone district boundary line abuts
a CC Community Commercial, LI Light Industrial, or GI General Industrial
District.
C.
Building standards.
(1)
No more than eight townhouse dwelling units shall
be included in a single-dwelling building.
(2)
No building shall exceed a maximum length of 240 feet
on any exterior facade.
(3)
Townhouse dwelling buildings shall be related to one
another in design, building mass, materials and placement to provide
a visually and physically integrated development.
(4)
The treatment of the sides and rear facades of all
buildings in a development shall be comparable in amenity and appearance
to the treatment of any building facade which faces a public street
and complimentary in architectural design to adjacent residential
structures.
(5)
Building walls shall be oriented so as to ensure adequate
exposure of light and air to each dwelling unit and to the rooms within.
(6)
Buildings shall be arranged so as to preserve visual
and audible privacy between each townhouse dwelling unit and adjacent
townhouse buildings.
(7)
Building entranceways of adjacent dwelling units in
the same structure shall be designed to ensure the privacy of occupants.
This may be accomplished by varying the setbacks of entranceways or
by providing screening or landscaped plantings, as appropriate.
(8)
Building entranceways shall be provided with appropriate
illumination for the convenience and safety of residents. Such lighting
shall be shielded to avoid glare disturbing other properties.
(9)
All townhouse dwelling units shall include ground
floor living space. The location of an enclosed garage shall not qualify
as meeting this requirement.
D.
Townhouse parking standards.
(1)
No less than two off-street parking spaces shall be
provided for each townhouse dwelling unit.
(2)
The developer may meet the requirements for off-street
parking by providing parking spaces in an enclosed garage plus any
combination of spaces on private driveways and/or in a common parking
lot.
(3)
No common off-street parking lot or outdoor storage
area shall be located closer than 25 feet to any adjacent property.
(4)
All off-street parking areas shall be privately owned
and maintained.
(5)
Common off-street parking facilities shall be landscaped
and screened from public view to the extent necessary to eliminate
unsightliness and the monotony of parked cars.
(6)
Common off-street parking areas shall be designed
with careful regard to orderly arrangement, topography, landscaping,
ease of access and shall be developed as an integral part of the overall
site plan.
(7)
Common off-street parking areas shall be provided
with suitable lighting for the convenience and security of residents,
but positioned and shielded to minimize glare and potential inconvenience
to residents of the townhouse cluster or development and adjacent
properties.
E.
Size of townhouse dwelling units. The minimum habitable floor area for all townhouse dwelling units shall conform to the minimum requirements specified in § 135-45E(2)(a)[4].
[Amended 8-22-2016 by L.L. No. 2-2016]
F.
Landscape site design standards.
(1)
Landscaping shall be provided along and adjacent to
all streets, common driveway areas and common off-street parking areas.
Landscaping treatments shall be designed, coordinated and installed
in accordance with the site plan approved by the Planning Board.
(2)
Landscape treatment shall consist of shrubs, ground
cover and street trees and shall be designed and installed to provide
an attractive development pattern. Landscape materials selected should
be appropriate to the growing conditions of the local environment.
(3)
Existing trees shall be conserved and integrated into
the landscape design plan.
[Amended 8-22-2016 by L.L. No. 2-2016]
(4)
All landscaping except for trees, shrubs and grasses,
either existing or to be installed within the public right-of-way,
shall be privately owned and maintained.
G.
Site circulation system design standards.
H.
Miscellaneous townhouse regulations.
(1)
No home occupations and no business activities of
any type shall be permitted within a townhouse cluster or development.
(2)
No signs shall be permitted in a townhouse cluster
development except for a single illuminated nonflashing sign not more
than one square foot in area attached to the townhouse dwelling unit
and bearing only the street number of the dwelling.
(3)
One temporary advertising ground-type sign pertaining
only to the sale of a townhouse dwelling unit shall be permitted,
provided that such sign shall not exceed six square feet in area.
Such signs shall be located not more than 10 feet from the front entrance
to the townhouse dwelling unit which is for sale and shall be removed
within seven days after the execution of any agreement for the sale
of the premises.
(4)
All fencing of common areas shall be shown on the
site plan approved by the Planning Board.
(5)
Individual owners may erect privacy fences to enclose
outdoor areas of individual dwelling units. Such fences may be up
to six feet above ground level, provided that such fencing is located
not less than 15 feet from a public street, common off-street parking
or storage area or vehicular accessway thereto. Fencing which is closer
than 15 feet to a public street or common off-street parking or storage
area or vehicular accessway thereto shall not exceed three feet above
ground level.
(6)
Except for land which is owned in common, no property
owner shall erect or place an accessory building or structure on the
premises.
(7)
The storage of any unregistered vehicles or other
similar equipment out of doors overnight shall be prohibited.
I.
Special accessory uses. The following special accessory
uses may be established for the common and exclusive use of owners
of townhouse residences and their guests. Such special accessory uses
shall be operated on a not-for-profit basis and subject to the approval
of the Planning Board:
(1)
Recreational facilities such as open or enclosed tennis
courts, exercise facilities, picnic areas, gazebos or swimming pools
as regulated herein.
(2)
One structure to house maintenance shops and vehicles
to be used exclusively for the maintenance and management of the townhouse
development.
(3)
Common space for the exclusive use and convenience
of residents of the townhouse cluster or development and their guests
to park vehicles. Such common space shall be adequately landscaped
and buffered so as to screen the site from adjacent areas and uses.
The Planning Board may approve a special use
permit for cluster residential developments of one-family dwellings
in the R-1-30 Residential Districts, provided that the following standards
and provisions are maintained:
A.
A site development plan shall be submitted in conformance with the requirements of Article V of this chapter.
B.
The minimum tract size shall be 15 acres.
C.
The lot size, yard, area and height requirements shall
be established on an individual case basis which reflects the unique
conditions of each site proposed for development, the potential impact
on adjacent properties and to ensure consistency with the Town Master
Plan.
D.
The number of lots or units (density of development)
in a cluster plan shall not exceed that which could be created under
a conventional development plan for the same tract of land.
E.
The developers shall set aside an area of not less
than 20% of the gross acreage of the tract to be devoted exclusively
to permanent recreation areas or open space.
F.
All recreation or open space areas shall, in the opinion
of the Planning Board, be suitable for such use. The ownership and
future maintenance of such recreation areas shall be subject to the
approval of the Town Board or offered for dedication to the town.
G.
In determining the overall density to be allowed for
a residential site, all areas of the site, including those lying within
the Limited Development Overlay (LDO) District, will be included.
However, no lot shall be approved for development where said lot would
lie entirely within the LDO boundary unless it is shown that clustering
is not feasible or that such development would not have a potentially
large adverse impact on the environment.
The Planning Board may approve a special use
permit for car wash establishments, including both coin-operated vehicle
washers and automatic vehicle washers, in the CC Community Commercial
District, provided that the following standards and provisions are
maintained:
A.
Coin-operated vehicle washers. These washers are intended
to be those where the vehicle operator washes the vehicle by using
a hose which is geared to a coin-operated, timed mechanism.
(1)
The vehicle washing facility or customary uses or
operations associated with the facility shall be located no closer
than 200 feet to any residential district and shall be separated from
a residential district by another nonresidential use.
(2)
All washing facilities shall be within a completely
enclosed building which shall be designed in keeping with the facades
of adjacent land uses.
(3)
Vacuuming facilities may be located outside the building,
but shall not be in the front yard and shall meet the respective setback
requirements as required for the CC Community Commercial District.
Such area shall be buffered or screened as deemed necessary by the
Planning Board.
(4)
Off-street parking shall be provided on the property
in the ratio of not less than four reservoir parking spaces entering
each washing stall and three reservoir parking spaces at the exit
from each stall, plus one space per employee.
(5)
Adequate drainage facilities shall be provided and
the site shall be designed to limit standing water on site.
(6)
All off-street parking areas shall be hard-surfaced
and dust-free.
(7)
Any lights used to illuminate the area shall be directed
away from adjacent properties.
(8)
The hours of operation shall be determined by the
Planning Board.
B.
Automatic vehicle washers. These vehicle washers are
intended to be those where the vehicle is either slowly driven through
or pulled through by an automatic chain mechanism. This vehicle washer
is one in which the vehicle operator does not perform any of the washing
function other than to drive the vehicle where necessary.
(1)
The vehicle washing facility and customary uses or
operations associated with the facility shall not be located closer
than 500 feet to a residential district and shall be separated from
a residential district by at least two other nonresidential uses.
(2)
All vehicle wash operations shall be so soundproofed,
the entire development shall be so arranged and the operations shall
be so conducted that the noise emanating therefrom, as measured from
any point on the adjacent property, shall be no more audible than
the noise emanating from the ordinary street traffic and from other
commercial or industrial uses measured at the same point on said adjacent
property.
(3)
There shall be provided no less than 10 reservoir
parking spaces for the entrance to each washing area if there are
two bays and seven if there are three or more bays and five parking
spaces at the exit of each washing area. One parking space shall also
be provided for each employee on the maximum shift.
(4)
Vacuuming facilities may be provided outside of the
building but shall meet the setback requirements as required for the
CC Community Commercial District. Such area shall be buffered or screened
as deemed necessary by the Planning Board.
(5)
The only operations conducted on the property shall
be the washing of vehicles and vacuuming of interiors of vehicles.
(6)
Adequate drainage facilities shall be provided and
the site shall be designed to limit standing water on site.
(7)
Any lighting shall be directed away from adjacent
properties.
(8)
All off-street parking areas shall be hard-surfaced
and dust-free.
(9)
All washing operations shall be conducted within enclosed
structures which shall be externally designed to be in keeping with
the exterior facades of adjacent land uses.
C.
Operators of car wash establishments may be permitted
to sell gasoline on the site of the car wash property. The Planning
Board in considering such a request may require the operator to submit
additional information to adequately describe the location and operation
of such activity and, as a condition of granting such approval, may
impose any conditions it deems necessary to protect the health and
safety of motorists and pedestrians and to protect adjacent properties
from potential adverse impacts of such use. Under no conditions shall
the operator be allowed to perform repairs to motor vehicles on the
site. Further, any merchandise available for sale shall be maintained
within a fully enclosed building.
The Planning Board may approve a special use
permit for a rooming house in the MR Multiple Residence District,
provided that the following standards and provisions are maintained:
A.
No rooming house shall provide shelter for more than
four tenants who are not family members.
B.
Off-street parking shall be provided as follows: at
least two spaces for the family residing on the premises, plus not
less than one additional space for each roomer.
C.
One building identification sign up to six square
feet in area may be permitted on the premises. Such sign may not be
illuminated, except indirectly.
D.
The Planning Board shall specify the minimum amount
and location of buffer screening to ensure that the use does not create
a nuisance for adjoining property owners.
[Amended 8-25-2008 by L.L. No. 1-2008]
A.
The Planning Board recognizes that the need for alternative
energy sources is becoming more of a significant factor in modem life.
The Planning Board also recognizes the significant visual impact of
windmills on the surrounding environment. The following regulations
are intended to balance the need for alternative energies while taking
into consideration the impact to the community. The Planning Board
may approve a special use permit for a windmill, wind turbine or wind
generator in the following districts: AR-2 and RR-1 Residential Districts;
CC Community Commercial District; and LI Light Industrial and GI General
Industrial Districts. All windmill applications are subject to site
plan review. The number and size of the towers are specified in the
following regulations and apply to residential or commercial use windmills.
These regulations do allow multiple generator units on a single tower
for use of horizontal-type wind turbines. The Planning Board may approve
the special use permit, provided that the following standards and
provisions are maintained:
(1)
In addition to the application requirements specified for zoning permits in Article V, the site plan proposals for a windmill, wind turbine or wind generator shall also show:
(a)
Location of tower on site and tower height,
including blades, rotor diameter and ground clearance.
(b)
All utility lines, both above and below ground,
within a radius equal to the proposed tower height, including blades.
(c)
Dimensional representation of the various structural
components of the tower construction, including the base and footings.
(d)
Design data indicating the basis of design,
including manufacturer's dimensional drawings, installation and operation
instructions.
(e)
Certification by a registered professional engineer
or manufacturer's certification that the tower design is sufficient
to withstand wind load requirements for structures.
(2)
No parcel shall have more than one single tower with
a maximum height of 135 feet or up to three towers having a maximum
height of 30 feet.
[Amended 8-22-2016 by L.L. No. 2-2016]
(3)
Setbacks from all property lines shall be no less
than one time the maximum height of the tower.
[Amended 8-22-2016 by L.L. No. 2-2016]
(4)
Access to the tower shall be limited either by means
of a fence six feet high around the tower base with a locking portal
or by limiting tower climbing apparatus to no lower than 12 feet from
the ground or be designed such that the tower cannot be climbed.
(5)
No windmill shall be installed in any location along
the major axis of an existing microwave communications link where
the operation of the windmill is likely to produce an unacceptable
level of electromagnetic interference, unless the applicant provides
sufficient evidence satisfactory to the Planning Board indicating
the degree of expected interference and the possible effect on the
microwave communications link.
(6)
Windmills shall be located or installed in compliance
with the guidelines of the Federal Aviation Regulations with regard
to airport approach zones (15.503) and clearance around VOR and DVOR
stations.
(7)
All sites proposed for windmills shall have sufficient
access to unimpeded air flow for adequate operation. The Siting Handbook
for Small Wind Energy Conversion Systems, PNL-2521, or other nationally
recognized reference, should be used as a guide in siting the location
of towers.
(8)
No windmill shall be installed in a location where
the impact on the neighborhood character is determined by the Planning
Board to be detrimental to the general neighborhood character.
(9)
If the windmill is to be interconnected to an electric
utility distribution system, the applicant shall provide evidence
of approval of the proposed interconnect by the local power company.
(10)
Towers shall be located in either a rear or
side yard. Applicants seeking a side yard siting shall demonstrate
that such a location is essential to the viability of the proposed
investment.
(11)
Guy wires and anchors for towers shall not be
located closer than 10 feet to any property line.
(12)
All windmills shall be designed with an automatic
braking system to prevent over-speeding and excessive pressure on
the tower structure.
[Amended 8-22-2016 by L.L. No. 2-2016]
(13)
The minimum distance between the ground and
any protruding blades shall not be less than 10 feet as measured at
the lowest point of the arc of the blades.
(14)
Guy wires will be identified with orange or
yellow markers from the ground to a height of 10 feet to prevent accidental
collisions.
(15)
Towers will be removed within 180 days of not
functioning as an electrical generation device.
B.
MAXIMUM HEIGHT
WINDMILL/TURBINE, COMMERCIAL
WINDMILL/TURBINE, INDUSTRIAL
WINDMILL/TURBINE, RESIDENTIAL
WINDMILL, WIND TURBINE AND WIND GENERATOR
Definitions. As used in this section, the following
terms shall have the meanings indicated:
The height from the ground at the base of the tower to the
blade tip at its maximum height position.
A windmill used primarily to provide electrical power for
any commercial or industrial building.
Multiple windmills used solely for generation of electrical
power to be introduced into the main power grid and used off site,
whether defined essential use or not; also known as "wind farms."
A windmill used primarily to provide electrical power for
any residential dwelling.
Any device that uses the motion/energy of the air to create
electricity for profit or non-profit; includes devices with blade(s)
that rotate in a vertical or horizontal plane.
The Planning Board may approve a special use
permit for the conversion of an existing structure for occupancy by
two or more families living as separate and independent housekeeping
units in the MR Multiple Residence District and the RR-1 Rural Residential
District, provided that the following standards and provisions are
maintained:
A.
Any building proposed to be converted to create additional
living units shall have not less than 2,000 square feet of gross floor
area.
B.
No more than four living units shall be created by
conversion within any individual structure.
C.
The conversion shall comply with the requirements
of the Uniform Code and this chapter.
E.
Any parcel of land with an existing single-family
dwelling proposed to be converted to create additional dwelling units
shall have an area of not less than 1 1/2 acres in the RR-1 Rural
Residential District and 40,000 square feet in the MR Multiple Residence
District.
F.
The Planning Board shall determine that water supply
and sanitary sewer services are adequate to support the additional
density with documentation supplied by the applicant.
[Amended 1-22-2001 by L.L. No. 1-2001]
G.
The Planning Board shall determine that the street
system serving the site is adequate to carry the anticipated traffic
flows and that the proposal will not create a burden or nuisance for
adjoining property owners.
H.
Not less than two off-street parking spaces shall
be provided for each independent housekeeping unit.
I.
The Planning Board shall specify the minimum amount
and location of landscaping and buffer screening to be provided to
ensure that the use does not create a nuisance for adjoining property
owners.
The Planning Board may approve a special use
permit for the use of land for duplex residential structures in the
R-1-30 Residential District, provided that the following standards
and provisions are maintained:
A.
The minimum lot size, frontage and setback requirements
shall conform to the specifications set forth in the schedule of this
chapter.
B.
Each unit of a duplex shall be served with separate
utility meters and shut-off valves.
C.
In cases where eight or more duplex structures are
planned for a subdivision, the Planning Board shall carefully consider
the need for two access points to the subdivision and require them,
if needed.
D.
Each duplex structure shall have its own individual
driveway access to a public street.
E.
Each dwelling unit in a duplex structure shall have
not less than two off-street parking areas.
F.
The minimum living area to be provided in each duplex
unit shall equal or exceed the minimum area required for single-family
dwellings.
G.
Each duplex unit shall be landscaped to effectively
screen dissimilar uses from one another and to protect and enhance
the overall quality of the existing neighborhood.
H.
The Planning Board shall determine that the neighborhood
character of the site proposed for duplex units is appropriate for
such use and that plans for water supply, sewage disposal and storm
drainage are capable of serving the proposed use.
I.
The Planning Board shall determine that the street
system serving the site is adequate to carry the anticipated traffic
flows and that the proposal will not create a burden or nuisance for
adjoining property owners.
J.
The Planning Board shall specify the minimum amount
and location of landscaping and buffer screening to be provided to
ensure that the use does not create a nuisance for adjoining property
owners.
K.
No site preparation or construction shall commence
until final site approval has been granted by the Planning Board and
permits issued by all governmental agencies involved.
The Planning Board may approve a special use
permit for a barbershop or beauty shop in the RR-1 Rural Residential
District, provided that the following standards and provisions are
maintained:
A.
Each beauty shop or barbershop shall have separate
waiting and work station areas. In addition, each shop shall comply
with the requirements of the New York State Uniform Code.
B.
In addition to customary hair care services, barbershop
and beauty shops may also provide physical (e.g. aerobic) exercise
equipment stations and tanning services, provided that they are located
in separate areas of the building.
C.
Barbershop and beauty shops may sell merchandise associated
with their hair care and/or personal health care services.
D.
In the event that instructional physical exercise
classes are offered, the physical exercise room shall have a separate
external entrance to the building. The floor area used for physical
exercise purposes may not exceed by more than twice the floor area
devoted to barbershop or beauty shop use.
E.
One building identification sign up to 12 square feet
in area may be permitted. Such sign may not be internally illuminated.
F.
Two off-street parking spaces per barber chair or
beauty station work area, plus one off-street parking space for each
two chairs in the waiting area. In addition, where there is a separate
tanning area, one off-street parking space shall be required for every
two tanning booths.
G.
One off-street parking space shall also be provided
for each employee.
H.
One off-street parking space shall be provided for
each 150 square feet of floor area devoted to physical exercise use.
I.
In the event that an outdoor hot tub is proposed as
an accessory use to the beauty shop or barbershop, such facility shall
meet the standards required elsewhere in this chapter for a swimming
pool and shall be screened from any adjacent property.
J.
The Planning Board shall specify the minimum amount
and location of landscaping or screening for off-street parking to
ensure that the use does not create a nuisance for adjoining property
owners.
The Planning Board may approve a special use
permit for a nursery or day-care use in the RR-1 Rural Residential
District, provided that the following standards and provisions are
maintained:
A.
All other governmental approvals have been obtained
by the applicant to operate a nursery or day-care use.
B.
The building shall meet the requirements of the New
York State Uniform Code.
C.
On-site recreational facilities shall be provided
and maintained for the exclusive use of members. Such area shall be
physically separate from on-site parking areas or driveways and screened
from adjacent properties.
D.
One off-street parking space shall be provided for
each employee. In addition, one off-street parking space shall be
provided for every two nonrelated children attending the nursery or
day-care facility.
E.
One building identification sign up to 12 square feet
in area may be permitted. Such sign may not be internally illuminated.
The Planning Board may approve a special use
permit for the rental of trucks, trailers and recreational vehicles
in the CC Community Commercial District, provided that the following
standards and provisions are maintained:
A.
A site plan is approved showing the location on the
property for buildings, open storage of vehicles, customer parking
areas and areas devoted to the on-site servicing of the rental vehicles.
B.
There shall be no on-site storage of any related customer
equipment, materials or vehicles.
C.
All repairs and service (including vehicle washing)
shall be within an enclosed building, except for gasoline dispensing
units.
D.
All gasoline sales shall be restricted to vehicles
rented. There shall be no sale of gasoline or oil products to the
general public.
E.
All open storage of rental vehicles shall be in either
the side or rear yards of the site. All open storage areas shall also
be screened from any adjacent noncommercial site.
F.
Any rental vehicle may be offered for sale to the
public at any time. However, in no event shall the sale of trucks,
trailers or recreational vehicles be allowed to become the principal
use of the site without first obtaining a permit and site plan approval
for the sale, lease or rental of vehicles as otherwise required in
the CC Community Commercial District.
The Planning Board may approve a special use
permit for self-service gasoline dispensing units in the CC Community
Commercial District, provided that the following standards and provisions
are maintained.
A.
Self-service gasoline units may be allowed as an accessory
use to any motor vehicle service station, convenience store or car
wash.
B.
The operation of all self-service gasoline units must
be supervised by a full-time employee.
C.
All bulk storage permits must be obtained by the owner
from the New York State Department of Environmental Conservation.
D.
All self-service gasoline units shall contain automatic
shut-off nozzles and the sales be recorded from within the principal
use on the site. In addition, all such units shall have safety flushing
devices in accordance with Uniform Code Standards or National Fire
Protection Association (NFPA) Standards, to include automatic shut-offs
in the event of an emergency.
E.
The Planning Board, in considering a request for a
special use permit and site plan approval, may require the operator
to submit additional information to adequately describe the location
and operation of such activity and, as a condition of granting such
approval, may impose any conditions it deems necessary to protect
the health and safety of motorists and pedestrians and to protect
adjacent properties from potential adverse impacts of such use. Except
for motor vehicle service stations, there shall be no repairs to motor
vehicles allowed on the site. Further, any merchandise available for
sale shall be maintained within a fully enclosed building.
F.
A price sign for the gasoline being sold shall be
affixed to each dispensing unit and sized to sign standards contained
in this chapter.
The Planning board may approve a special use
permit for a drive-in restaurant in the CC Community Commercial District,
provided that the following standards and provisions are maintained:
A.
The applicant shall submit a written statement setting
forth the details of the operation of the proposed use.
B.
The applicant shall provide the Planning Board with
evidence of approval, license or other similar document required to
initiate or expand such a use from any and all appropriate regulating
agencies.
C.
The proposal shall meet the minimum yard requirements
for such uses as specified in the schedule.
D.
The proposed use shall meet the minimum off-street
parking and loading and unloading requirements of this chapter, as
well as the provisions for landscaping, buffering, sign controls and
accessway requirements, which limits each such use to only one accessway
from the highway.
E.
Lighting shall be provided in a manner so as to minimize
potential disturbance to adjacent properties and roadways.
F.
The location of all on-site refuse containers shall
be identified and maintained. In addition, any dumpster shall be enclosed
and effectively screened from adjacent properties.
G.
Any outdoor eating area shall be maintained, landscaped
and physically separated from any off-street parking area or driveway.
In no event shall outdoor eating be allowed unless the site has a
dust-free (paved) parking surface.
H.
The Planning Board, in considering the request for
a special use permit, may impose conditions it deems necessary to
protect the health, safety and public welfare of the town.
The Planning Board may approve a special use
permit for a commercial storage building or a mini-warehouse use in
the CC Community Commercial and the LI Light Industrial Districts,
provided that the following standards and provisions are maintained:
A.
The minimum size lot shall be two acres.
C.
The maximum number of individual storage bays allowed
for each mini-warehouse structure shall not exceed 200 feet in linear
building length.
D.
All surfaces shall be paved, maintained and well drained
to approved drainage facilities.
E.
All units shall be adequately lighted, both exterior
and interior. There shall be interior lighting for each storage unit.
Interior lighting may be on a time device to permit automatic shut-off.
No exterior lighting shall be allowed to cause glare on any adjacent
site.
F.
Each mini-storage unit shall be clearly identified
and the owner shall maintain records of all occupied units.
G.
No mini-warehouse unit shall be allowed to store any
hazardous material.
H.
No mini-warehouse unit shall be used for vehicle repairs
or body work.
I.
Adequate landscaping shall be provided to minimize
the visual impact of the warehousing structure on adjacent sites.
[Amended 2-26-1996 by L.L. No. 1-1996; 11-10-1997 by L.L. No.
3-1997]
The purpose of these supplemental regulations
is to promote the health, safety and general welfare of the residents
of the Town of East Bloomfield; to provide standards for the safe
provision of telecommunications consistent with applicable federal
and state regulations; to minimize the total number of telecommunication
towers in the community by encouraging shared use of existing and
future towers and the use of existing tall buildings and other high
structures; and to minimize adverse visual effects from telecommunication
towers by requiring careful siting, visual impact assessment and appropriate
landscaping. The Planning Board may approve a special use permit for
a communication tower to be erected and maintained in the LI Light
Industrial and the GI General Industrial Districts, provided that
the following standards and provisions are maintained.
A.
Application of special permit regulations:
(1)
No telecommunication tower, except those approved
prior to the effective date of this section, shall be used unless
in conformity with these regulations. No telecommunication towers
shall hereafter be erected, moved, reconstructed, changed or altered
unless in conformity with these regulations. No existing structure
shall be modified to serve as a telecommunication tower unless in
conformity with these regulations.
(2)
Applicants proposing to collocate on a previously approved telecommunication tower require a special permit. They are subject to site plan review in accordance with Article XI, § 135-84, describing site plan requirements and procedures. The Planning Board may require the applicant to submit any of the items under Subsection B(1) below as part of the site plan review process.
B.
Shared use of existing tall structures. At all times, shared use of existing tall structures (for example municipal water towers, multi-story buildings, church steeples, farm silos, etc.) and existing or approved towers [see Subsection A(2) above] shall be preferred to the construction of new towers.
(1)
An applicant proposing to share use of an existing
tall structure shall be required to submit:
(a)
A completed application for a special permit.
(b)
Documentation of intent from the owner of the
existing facility to allow shared use.
(c)
A site plan which shall show all existing and
proposed structures and improvements, including antennas, roads, buildings,
guy wires and anchors, parking and landscaping, and shall include
grading plans for new facilities and roads. Any methods used to conceal
the modification of the existing facility shall be indicated on the
site plan.
(d)
A licensed engineer's report certifying that
the proposed shared use will not diminish the structural integrity
and safety of the existing tall structure and explaining what modifications,
if any, will be required in order to certify to the above.
(e)
A completed short environmental assessment form (EAF) and a completed visual EAF addendum (see Subsection I below).
(f)
A copy of its Federal Communications Commission
(FCC) license.
(2)
If an applicant proposing to share use of an existing tall structure submits complete and satisfactory documentation and if modifications indicated are deemed insignificant by the Planning Board, and after the Planning Board conducts a public hearing and complies with all state environmental quality review assessment (SEQRA) provisions, the Planning Board shall grant a special use permit without further review under this section. If the Planning Board determines that any modifications indicated are significant, it may require further review according to Subsections G through V below.
C.
New telecommunication towers. The Planning Board may
consider a new telecommunication tower when the applicant demonstrates
that shared use of an existing tall structure or existing and approved
tower is impractical. An applicant shall be required to present an
adequate report inventorying all existing tall structures and existing
or approved towers within a reasonable distance of the proposed site.
This distance shall be determined by the Planning Board in consultation
with the applicant. The report shall outline opportunities for shared
use of these existing facilities as an alternative to a proposed new
tower. The report shall demonstrate good faith efforts to secure shared
use from the owner of each existing tall structure and existing and
approved telecommunication tower as well as documentation of the physical,
technical and/or financial reasons why shared usage is not practical
in each case. Written requests and responses for shared usage shall
be provided.
D.
Shared usage of an existing tower site for placement of a new tower. Where shared usage of an existing tall structure or existing and approved telecommunication tower is found to be impractical, the applicant shall investigate shared usage of an existing tower site for its ability to accommodate a new tower and accessory uses. Documentation and conditions shall be in accordance with Subsection C above. Any proposal for a new tower shall also be subject to the requirements of Subsections G through V below.
E.
New tower at a new location. The Planning Board may consider a new telecommunication tower on a site not previously developed with an existing tower when the applicant demonstrates that shared use of existing tall structures or existing and approved telecommunication towers is impractical, and submits a report as described in Subsection C above; and when the Planning Board determines that shared use of an existing tower site for a new tower is undesirable based upon the applicant's investigation in accordance with Subsection D above. Any proposal for a new telecommunication tower shall also be subject to the requirements of Subsections G through V below.
F.
New towers: future use. The applicant shall design
a proposed new telecommunication tower to accommodate future demand
for reception and transmitting facilities. The applicant shall submit
to the Planning Board a letter of intent committing the owner of the
proposed new tower, and his/her successors in interest, to negotiate
in good faith for shared use of the proposed tower by other telecommunication
providers in the future. This letter shall be filed with the Building
Inspector prior to issuance of a building permit. Failure to abide
by the conditions outlined in the letter may be grounds for revocation
of the special permit. The letter shall commit the new owner and his/her
successors in interest to:
(1)
Respond within 90 days to a request for information
from a potential shared-use applicant.
(2)
Negotiate in good faith concerning future requests
for shared use of the new tower by other telecommunications providers.
(3)
Allow shared use of the new tower if another telecommunications
provider agrees in writing to pay a reasonable charge. The charge
may include but is not limited to a pro rata share of the cost of
site selection, planning, project administration, land costs, site
design, construction and maintenance financing, return on equity,
and depreciation, and all of the costs of adapting the tower or equipment
to accommodate a shared user without causing electromagnetic interference.
G.
Site plan review: submission requirements.
(1)
An applicant shall be required to submit a site plan in accordance with Article XI, § 135-84. The site plan shall show all existing and proposed structures and improvements, including roads, buildings, tower(s), guy wire and anchors, antennas, parking and landscaping, and shall include grading plans for new facilities and roads.
(2)
Supporting documentation. The applicant shall submit
a complete short EAF and a complete visual EAF addendum and documentation
on the proposed intent and capacity of use as well as a justification
for the height of any tower and justification for any clearing required.
The applicant shall also submit a copy of its FCC license.
H.
Lot size and setbacks. All proposed telecommunication
towers and accessory structures shall be located on a single parcel
per Schedule I of this chapter and shall be set back from abutting
parcels and street lines a distance sufficient to substantially contain
on site all ice-fall or debris from tower failure and preserve the
privacy of any adjoining residential properties.
(1)
Lot size of parcels containing a tower shall be determined
by the amount of land required to meet the setback requirements. If
the land is to be leased, the entire area required shall be leased
from a single parcel unless the Planning Board determines that this
provision may be waived.
(2)
Telecommunication towers shall comply with all existing
setback requirements of the underlying zoned district or shall be
located with a minimum setback from any property line equal to the
height of the tower to be erected plus 20 feet.
(3)
Consideration may be given to a lesser setback if
the engineer's report shows that the tower is designed to collapse
in a more restrictive area within the property line.
I.
Visual impact assessment. The Planning Board shall
require the applicant to undertake a visual impact assessment which
may include:
(1)
A "zone of visibility map" shall be provided in order
to determine locations where the tower may be seen.
(2)
Pictorial representations of "before" and "after"
views from key viewpoints both inside and outside of the town, including
but not limited to state highways and other major roads, local parks,
other public lands, preserves and historic sites normally open to
the public, and from any other location where the site is visible
to a large number of visitors or travellers. The Planning Board shall
determine the appropriate key sites at a presubmission conference
with the applicant.
(4)
Assessment of the visual impact of the tower base,
guy wires, accessory buildings and overhead utility lines from abutting
properties and streets.
(5)
All towers and accessories shall be sited to have
the least practical adverse visual effect on the environment.
(6)
Towers shall be artificially lighted to assure human
safety as required by the Federal Aviation Administration (FAA).
[Amended 1-22-2001 by L.L. No. 1-2001]
(7)
Notwithstanding the preceding Subsection I(6), an applicant may be compelled to add FAA-style lighting and marking if, in the judgment of the Planning Board, such a requirement would be of direct benefit to public safety.
(8)
Accessory facilities shall maximize use of building
materials, colors and textures designed to blend with the natural
surroundings.
J.
New tower design. Alternative designs shall be considered
for new towers, including lattice and single-pole structures. The
design of a proposed new tower shall comply with the following:
(1)
Unless specifically required by other regulations,
a tower and accessory structures shall have a finish (either painted
or unpainted) that minimize its degree of visual impact.
(2)
The maximum height of any new tower shall not exceed
that which shall permit operation without artificial lighting of any
kind or nature, in accordance with municipal, state and federal laws
and/or regulations. The Planning Board may, at its discretion, modify
this requirement if the applicant can justify the need to exceed this
height limitation.
(3)
The Planning Board may request a review of the application
by a qualified engineer in order to evaluate the need for, and the
design of, any new tower.
(4)
The minimum setback for each communication tower from
any property line shall be the height of the tower to be erected plus
20 feet.
(5)
No communication tower shall exceed 200 feet above
finished grade level.
(6)
Site plan approval is granted by the Planning Board in accordance with the provisions in Article XI of this chapter, and provided further that said site plan application includes, but is not limited to, the following additional information:
(a)
The location of all structures and trees on
the site and on any adjacent property within 10 feet of the subject
property line.
(b)
All information prepared by the manufacturer
of the antenna or tower or the applicant for which a special use permit
is being sought, including but not limited to the following:
[1]
Make and model of tower to be erected.
[2]
Manufacturer's design data for installation
instructions and construction plans.
[3]
Applicant's proposed tower maintenance and inspection
procedures and records system.
[4]
Identification of any anti-climb device to be
installed.
[5]
Identification of the power levels and type
of radiation to be emitted by or from the communication tower and
the field strength at each property border.
[6]
Identification of the effects such communication
tower's operation will have on other existing communication towers
or antenna within 1,000 feet of the proposed structure.
(c)
A statement from any federal, state or county
regulatory agency attesting that all other agency approvals have been
obtained, including but not limited to acceptable levels for dissipating
nonionizing electromagnetic radiation (NIER) as established by any
regulatory agency, or by the American National Standards Institute
(ANSI).
(7)
No portion of any tower or accessory structure shall
be used for a sign or other advertising purpose, including but not
limited to company name, phone numbers, banners and streamers.
K.
Existing vegetation. Existing on-site vegetation shall
be preserved to the maximum extent possible. No cutting of trees exceeding
four inches in diameter (measured at a height of four feet off the
ground) shall take place prior to the approval of the special permit.
L.
Screening. Deciduous or evergreen tree plantings may
be required to screen portions of the tower and accessory structures
from nearby residential property as well as from public sites known
to include important views or vistas. Where a site abuts a residential
property or public property, including streets, screening shall be
required.
M.
Access. Adequate emergency and service access shall
be provided and approved by the local fire chief. Maximum use of existing
roads, public or private, shall be made. Road construction shall,
at all times, minimize ground disturbance.
N.
Parking. Parking shall be provided to assure adequate
emergency and service access. The Planning Board shall determine the
number of required spaces based upon a recommendation from the applicant.
No parking spaces shall be located in any required open or green space.
O.
Fencing. The tower and any accessory structures shall
be adequately enclosed by a fence of not less than eight feet in height
above ground level, a design of which shall be approved by the Planning
Board.
P.
Removal. The applicant shall submit to the Planning Board a letter of intent committing the tower owner, and his/her successors in interest, to notify the building inspector within 30 days of the discontinuance of use of the tower. This letter shall be filed with the building inspector prior to issuance of a building permit (assuming the telecommunication tower is approved according to this section). Obsolete or unused towers and accessory structures shall be removed from any site within three months of such notification. Failure to notify and/or to remove the obsolete or unused tower in accordance with these regulations shall be a violation of this chapter and shall be punishable according to Article XIV.
Q.
Intermunicipal notification for new towers. In order
to keep neighboring municipalities informed, and to facilitate the
possibility of directing that an existing tall structure or existing
and approved telecommunication tower in a neighboring municipality
be considered for shared use, and to assist in the continued development
of County 911 services, the Planning Board shall have an applicant
who proposes a new telecommunication tower notify, in writing, the
Town of East Bloomfield legislative board, the Ontario County Planning
Board and the Ontario County 911 services.
R.
Notification of nearby landowners. The applicant shall
be required to mail notice of the public hearing directly to all landowners
whose property is located within 200 feet of the property line of
the parcel on which a new tower is proposed. Notice shall also be
mailed to the administrator of any state or federal parklands from
which the proposed tower would be visible if constructed. Notification,
in all cases, shall be made by certified mail. Documentation of this
notification shall be submitted to the Board prior to the public hearing.
S.
Exceptions. The following communication towers are
excepted from the provisions of this section:
(1)
Facilities under the control or ownership and used
exclusively by a public or governmental agency.
(2)
Satellite dish antennas as regulated elsewhere in
this chapter.
(3)
Conventional television and radio antennas when used
exclusively for private benefit and involving a structure with a height
less than 15 feet above existing grade, or if attached to a structure
35 feet above existing grade.
T.
Time limit. The Planning Board, when considering a
special use permit for the erection and maintenance of a communication
tower, may place a time period on the special use permit that is being
requested. Said time limit shall clearly stipulate the conditions
imposed with granting the special use permit and the basis for the
Planning Board not to renew said permit for another specified time
period.
U.
Assurances. The Planning Board may, as a condition
of special use permit approval, require the applicant to provide a
letter of credit, performance bond or other financial guaranty to
the Town that funds will be available for the town's use to remove
said structure in the event of noncompliance with the provisions of
this chapter.
V.
Fees. The applicant shall be charged a communication
tower application fee which shall be determined by the Town Board
as contained in the official fee schedule. An annual renewal charge
for a permit to operate a communication tower will be determined by
the Town Board as contained in the official fee schedule.
The Town Planning Board may approve a special
use permit for camping grounds in the AR-2 Agricultural Rural Residential
District, provided that the following standards and provisions are
maintained:
A.
The Town Planning Board shall determine that not more
than 25% of the site area proposed for use as a camping ground contains
prime agricultural soils as defined by the Ontario County Soil Conservation
Service.
B.
Camping grounds are to be used exclusively for recreation,
vacation or travel purposes. Campgrounds may contain cabins, A-frames
and other similar structures, as well as travel trailers, pickup coaches,
motor homes, camping trailers, recreational vehicles and tents suitable
for temporary habitation. No permanent external appurtenances, such
as carports, cabanas or patios, may be attached to any travel trailer
or other vehicular accommodation parked in a camping ground. The removal
of wheels and the placement of a unit on a foundation in a camping
ground is prohibited. No travel trailer or recreational vehicle in
excess of 50 feet in length shall be permitted in any camping ground.
C.
The only dwelling units permitted in camping grounds
are the owner's or caretaker's dwelling. There shall be no other dwelling
units provided of any type. No manufactured home shall be placed at
any point within the campground property. The only other buildings
allowed in the camping ground are recreational buildings and service
or office buildings for the campgrounds.
D.
The conversion of any campsite building or dwelling
to a year-round dwelling unit or any other use shall be allowed only
by a special use permit issued by the Town Planning Board.
E.
Minimum site area: 25 acres.
F.
Minimum lot sizes: 30 feet by 50 feet.
G.
Not more than one cabin, A-frame or other similar
structures shall be permitted per acre of gross site area.
H.
Not more than a total of five travel trailers, campers,
tents, recreational vehicles, motor homes or similar uses shall be
permitted per acre of gross site area.
I.
Location and access. A camping ground shall be so
located that no entrance or exit from a site shall discharge traffic
into an R-1-30 Residential District nor require movement of traffic
from the camping ground through an R-1-30 Residential District. A
camping ground shall have a minimum of 400 feet of frontage on a public
street.
J.
Prior to receiving a special use permit for the establishment of a camping ground or the expansion of an existing camping ground, the owner shall submit a detailed site plan to the Planning Board for review and approval. Said site plan shall conform to the requirements and specifications set forth herein in Article XI and shall show the placement of all existing and proposed features, including, but not limited to, camp sites, cabins, parking and recreational areas, accessory structures, streets and driveways, pedestrian walkways and rubbish collection facilities, as well as other uses and features specified by the Planning Board.
K.
No cabin, A-frame or similar structure shall be constructed
or erected on the site without a zoning permit issued by the Code
Enforcement Officer. The construction of all buildings for human occupancy
shall be designed and built to meet the standards of the Uniform Code.
The issuance of a building permit by the Code Enforcement Officer
shall precede the start of any construction. No structure shall be
occupied for camping or any other purpose without a certificate of
occupancy issued by the Code Enforcement Officer. The Code Enforcement
Officer shall not issue a certificate of occupancy for any structure
without written approval of the New York State Department of Health
that the sewage disposal system serving the building has been installed
in accord with appropriate standards and it is functioning properly.
L.
Site conditions. Conditions of soil, groundwater level,
drainage and topography shall not create hazards to the property or
the health or safety of the occupants. Natural vegetation shall be
retained wherever possible. The site shall not be exposed to objectionable
smoke, noise, odors or other adverse influences, and no portion of
the camping grounds subject to flooding, subsidence or erosion shall
be used for any purpose which would expose persons or property to
hazards.
M.
Accessory uses. Management headquarters, recreational
facilities, toilets, dumping stations, showers, coin-operated laundries
and other uses and structures customarily incidental to the operation
of camping grounds may be permitted as accessory uses to the camping
grounds.
N.
Plans for sewage disposal and water supply shall be
designed in accordance with standards promulgated by the New York
State Department of Health and the New York State Department of Environmental
Conservation. These agencies shall provide written approval for sewage
disposal and water supply systems prior to the occupancy of any on-site
camping facilities.
O.
Streets in camping grounds
(1)
Streets in camping grounds shall be private, but shall
be constructed with a stabilized travelway and shall meet the following
minimum stabilized travelway width requirements:
(2)
Plans and specifications for streets shall be reviewed
and approved by the Town Engineer. All roadways and public parking
areas shall either be paved or dust treated.
P.
Recreation facilities. A minimum of 20% of the gross
site area shall be set aside and developed as common use areas for
open or enclosed recreation facilities to serve the occupants of the
site. No travel trailer site, required buffer strip, street right-of-way,
storage area or utility site shall be counted as meeting recreational
purposes.
Q.
Entrances and exits to camping grounds shall be designed
for safe and convenient movement of traffic into and out of the camping
ground and to minimize friction with movement of traffic on adjacent
streets. All traffic into or out of the camping ground shall be through
such entrances and exits. No entrance or exit shall require a turn
at an acute angle for vehicles moving in the direction intended. Road
curbs shall have a minimum radius of 50 feet and shall be designed
for drive-through campsite parking.
R.
Off-street parking and loading. In connection with
the use of any camping ground, no parking, loading or maneuvering
incidental to parking or loading shall be permitted on any public
street or right-of-way, pedestrian walkway, required buffer or any
public land or on any private land not part of the camping ground
site, unless the owner has given written permission for such use.
Camping grounds shall provide off-street parking, loading and maneuvering
space, located and scaled to meet the standards and conditions specified
herein. Any violations of these requirements by occupants of the camping
ground shall be the responsibility of the owner of the property.
S.
An adequate lighting system shall be provided for
the camping ground. Pedestrian walkways shall be provided to lead
to all parking areas, restrooms or other service buildings.
T.
All on-site utilities shall be installed underground.
U.
Not less than one covered twenty-gallon garbage receptacle
shall be provided for each camp site. No camp site or building shall
be located further than 50 feet from a garbage receptacle. Garbage
and rubbish shall be collected and disposed of as often as may be
necessary to ensure sanitary conditions.
V.
The owner shall comply with all applicable sanitation
standards established by the State of New York.
W.
No camp structure, except fences, gates and permitted
signs shall be located within 500 feet of any street or property line.
X.
Buildings shall be set back not less than 100 feet
from major creeks or ponds and not less than 50 feet from minor creeks.
The Town Planning Board may approve a special
use permit for private or commercial airstrips in the AR-2 Agricultural
Rural Residential District, provided that the following standards
and provisions are maintained:
A.
The Town Planning Board shall determine that not more
than 25% of any site proposed for use as a private airstrip that lies
within an established state agricultural district or contains prime
agricultural soils as defined by the Ontario County Soil Conservation
Service will be taken out of production.
B.
An application for the establishment, construction,
enlargement or alteration of an airstrip shall include, in addition
to requirements for special use permits, the following statements
and information:
(1)
Name and address of the proponent.
(2)
Classification of the proposed airport (commercial,
noncommercial or restricted).
(3)
Type of aviation activities proposed (aircraft sales
and service, flight instruction, crop dusting, air taxi, etc.).
(4)
Number of aircraft expected to utilize the airstrip
initially and within five years.
(5)
Type of aircraft expected to utilize the facility.
(6)
Statement as to the anticipated number of daily operations.
(7)
Copy of the airspace clearance granted by the Federal
Aviation Administration for this airport, including a United States
Geologic Survey topographic map.
(8)
A copy of the New York State Commissioner of Transportation's
determination concerning this airport in accordance with the provisions
of § 249 of the New York State General Business Law.
(9)
A site development plan to be approved by the Town
Planning Board, which includes the following:
(a)
Scale no smaller than one inch equals 100 feet.
(b)
Location of existing and proposed structures.
(c)
Alignment of existing and/or proposed runways
shall be shown in exact location and magnetic bearing to the nearest
30 minutes.
(d)
Existing and proposed contours at five-foot
intervals.
(e)
Location of aircraft parking and tie-down areas.
(f)
Provisions for access and off-street parking.
(g)
Provisions for sanitary waste disposal and water
supply, if applicable.
(h)
Location and method of fuel storage.
(10)
An area map at a scale of not less than one
inch equals 500 feet showing:
(a)
Distances from buildings, roads, natural features,
power lines or other possible obstructions within 2,000 feet of the
ends of runways shall be accurately plotted.
(b)
Properties within 1,000 feet of the airport
boundary shall be plotted, owners identified and the location and
height of each building demarcated.
C.
Permits issued for the operation of an airstrip shall
be valid for a period of three years. Said permit may be extended
by action of the Town Planning Board for successive periods of three
years if the operation conforms to the initial proposal and the conditions
on which the initial permit was issued are unchanged.
D.
The Town Planning Board, in considering a request
for a special use permit or the extension of a permit to operate an
airstrip, may impose any conditions it deems necessary to protect
the health, safety and public welfare of the town.
The Town Planning Board may approve a special
use permit for flea markets and related outside sales in the CC Community
Commercial District, provided that the following standards and provisions
are maintained:
A.
A site plan shall be approved by the Planning Board
prior to the issuance of any special use permit for a flea market
operation.
B.
Minimum site area: two acres.
C.
Minimum lot width: 200 feet.
D.
A permanent structure shall be provided for the enclosed
display of goods and services to be offered the general public, subject
to the following restrictions:
E.
Outside sales of goods and services may be permitted
if specified in the special use permit application. Prior to receiving
approval for outside sales, the owner shall submit a site plan identifying
the following:
(1)
The locations of all stalls, booths or other outside
sales facilities.
(2)
The location of all outside sales facilities with
respect to any permanent structure, designated parking area(s) and
site access.
(3)
All electrical service, including site lighting.
(4)
All site signage to be displayed in conjunction with
the flea market, to include advertising signs for each booth, stall
or other outside sales facility.
(5)
All comfort facilities, consisting of portable, self-contained
toilets approved by the New York State Department of Health. Such
facilities must be maintained by the owner and shall be removed from
the site at the end of the flea market season specified in the special
use permit application.
F.
Outside display area for the flea market sales shall
not exceed twice the size of the permanent structure and shall be
located behind the front of said structure away from on-site parking
area and site access.
G.
Sufficient off-street parking shall be provided for
the flea market operation. For the permanent structure there shall
be at least five parking spaces required for each 1,000 square feet
of gross floor area. For each booth, stand or outside display area
of 150 square feet there shall be at least three off-street parking
spaces provided.
H.
In no event shall a flea market operation be allowed
to continue when parking occurs along a public street.
J.
No overnight camping or lodging shall be permitted
at a flea market site.
K.
All site lighting shall be directed away from any
adjacent property. In no event shall lighting cause a glare to any
adjacent property or the traveling public.
L.
Flea markets outside events may commence at 3:00 p.m.
on Friday and must end at 9:00 p.m. on the Sunday immediately following.
All daily flea market operations involving outdoor sales may commence
on Saturday and Sunday at 9:00 a.m. and shall end 1/2 hour before
sunset, unless site lighting has been provided and approved as part
of any site plan. Otherwise, all flea market operations occurring
within an enclosed structure and operating on a nonpermanent basis
shall begin at 8:00 a.m. and end at 10:00 p.m. on Friday and Saturday
and 9:00 p.m. on Sunday.
M.
Except for the permitted daily sale hours and a period
one hour before and after such hours, all goods and merchandise, whether
for sale or not, shall be stored inside an enclosed building on the
site. In no event shall goods and merchandise be stored inside a vehicle
parked on the site during nonevent hours.
N.
Not less than one enclosed dumpster shall be provided
for each flea market site. The dumpster shall be sized to accommodate
the entire temporary storage of refuse from the event. All refuse
must be collected from the site periodically.
O.
Not less than one covered twenty-gallon garbage receptacle
shall be required for each stall, booth or 100 square feet of open
display area. It shall also be the responsibility of each outside
sales tenant to maintain their area free from litter or debris. The
flea market site shall be neat, clean and orderly at all times.
P.
Stalls, booths or outside sales areas will be allowed
on the site and only for the seasonal use of the flea market's outdoor
operations as specified in the special use permit application. All
such display devices must be either stored in an enclosed structure
or removed from the site during nonseasonal use.
Q.
Signage for the flea market outside operations will
be allowed only on the site and only during the seasonal use of the
flea market. In no event shall vendors' signs be sized or located
on the property so as to be visible from the traveling public. Each
flea market site may have one freestanding sign identifying only the
name of the flea market and its hours.
R.
Food services may be offered to participants of the
flea market site, provided that such use is incidental to an event.
In no case shall food service stand be permitted to solicit directly
from the general public.
The Town Board may approve a special use permit
for commercial excavation operations in the AR-2 Agricultural Rural
Residential District, provided that the following standards and provisions
are maintained:
A.
General land use conditions. The following conditions
are imposed for the purpose of protecting the health and safety of
the town's residents and preventing a nuisance to persons residing
in the vicinity of the excavation operation and to that end they pertain
to issues such as the location of the excavation operation, lot size
and access.
(1)
The minimum lot area for any such use shall be 20
acres.
(2)
All buildings and excavation operations shall be located
or shall occur not less than 100 feet from any street or property
line. The setback area shall not be used for any use in conjunction
with the excavation and appurtenant activities, except for one public
notice sign identifying the use of the property, fencing, berms, buffers,
access roads and parking.
(3)
Each tract of land to be granted a permit for excavation
must have only direct access to improved highways and the applicant
must demonstrate proof of legal right to that access. The junction
of the access and the public road must be at an angle of not more
than 10° deviation from a right angle (90°). The first 200
feet of access from a public road shall be improved to meet written
specifications provided by the Town Board to ensure its suitability
to carry heavy traffic.
(4)
Operations shall not be detrimental to adjacent property
nor unduly interfere with the quiet enjoyment of adjacent property.
(5)
Permits under this section shall be issued for a period
of three years and shall be subject to periodic site inspection and
review by the Code Enforcement Officer. If all operations undertaken
pursuant to any permit issued hereunder have been conducted in full
compliance with the term of such permit and all provisions of this
chapter, such permit may be renewed by the Town Board for a period
of three years. All regulations in effect at the time a renewal is
granted shall apply to the renewal permit in the same manner as when
a new or original permit is issued.
(6)
Prior to taking action on any proposal for a permit
under this section the Town Board shall request and receive a written
report from the Town Planning Board and Town Engineer on the adequacy
and/or appropriateness of the proposed excavation.
B.
Operations plan conditions. The following conditions
are imposed for the purpose of protecting the health and safety of
the town's residents and preventing a nuisance to persons residing
in the vicinity of the excavation operation. In determining whether
an applicant has met these conditions, the Town will review the applicant's
New York State Department of Environmental Conservation (DEC) permit,
when applicable. To the extent that the applicant's DEC permit addresses
the conditions set forth below, the DEC permit conditions shall govern.
To the extent that the applicant's DEC permit does not address the
conditions set forth below, the conditions set forth below shall govern,
and the Town reserves its rights to impose reasonable conditions consistent
with land use planning principals.
(1)
The applicant shall furnish evidence of a valid permit
from the New York State Department of Environmental Conservation pursuant
to Title 27, Article 23 of the Environmental Conservation Law, when
applicable.
(2)
All applications for a permit under this section must
contain an operations plan in sufficient detail to describe the excavation
operation, including active excavation and storage areas.
(3)
All equipment used for excavations and processing
shall be constructed, maintained and operated in such a manner as
to eliminate as far as is practicable noises and vibrations and dust
conditions which are injurious or a nuisance to persons living in
the vicinity.
(4)
All operations shall be conducted between the hours
of 7:00 a.m. and 5:00 p.m., Monday through Friday.
(5)
Where any open excavation will have a depth of 10
feet or more and a slope of more than 30°, there shall be a fence
approved as to design, structure and height by the Town Planning Board,
with suitable gates, where necessary, effectively blocking access
to the area in which such excavation is located. Such fence shall
be located 50 feet or more from the edge of the excavation. All operations
shall be screened from nearby residences as required by the Town Planning
Board.
(6)
The slope of material in any excavation shall not
exceed the normal angle of repose or 45°, whichever is less.
(7)
All access roads shall be constructed to screen excavation
and appurtenant activities from public view as much as feasible.
(8)
All topsoil and subsoil shall be stripped from the
active excavation area and stockpiled and seeded for use in accordance
with the reclamation plan. The location of topsoil to be stored shall
be identified. Such stockpiles shall be treated to minimize the effects
of erosion by wind or water upon public roads, streams or adjacent
property. No topsoil shall be removed from the site without the express
approval of the Town Board.
(9)
Existing hills, trees and ground cover fronting along
public roads or adjacent property shall be preserved, maintained and
supplemented by selective cutting, transplanting and addition of new
trees, shrubs and other ground cover for the purpose of screening
and noise reduction. If, however, the existing topography and natural
vegetation do not allow an economically feasible supplement plan,
the operation can, if properly landscaped with grass, trees and shrubs,
grade back overburden around the perimeter of the excavation site
to create a berm for the purpose of screening and noise reduction.
No berm shall be constructed within 25 feet of any right-of-way line
or other property boundaries.
(10)
Lateral support shall be sufficient to prevent
the hazard or damage to persons, adjacent properties and public roads
by reason of sliding, sinking or collapse.
(11)
All access routes leading to public highways
shall be dust and mud free. All precautions, such as applying calcium
chloride or watering daily, or more frequently if and when necessary,
shall be taken to prevent dust and sand from being blown from the
premises.
(12)
An adequate and comprehensive drainage system
shall be provided to convey the storm water runoff originating on
and crossing the premises in accordance with the natural direction
of runoff for the total watershed area. No excavation shall be allowed
within 50 feet of a natural stream. Sediment control measures shall
be installed to keep sediment damage, if any, totally within the applicant's
property. The Town Board shall determine whether or not the system
and control measures are adequate and in force prior to approval of
original or renewal permit.
(13)
The application shall include a plan for the
control of erosion and excessive groundwater seepage upon public roads,
streams or adjacent property. The Town Board shall determine whether
or not the controls are adequate and in force prior to approval of
the original or renewed permit.
C.
Reclamation conditions. The following conditions are
imposed to protect the health and welfare of the town's residents
by assuring the safe and productive use of mined lands and protection
of aesthetic values of areas affected by mining through local mined
land reclamation standards.
(1)
All land which has been excavated must be reclaimed
in accordance with reclamation plans approved by the Town Board as
part of the site development plan review and approval process. Whenever
possible, the Town Board shall encourage excavation operators to reclaim
areas on an ongoing basis as part of the excavation operation. All
reclamation work shall be complete within one year after the termination
of operations, at the expense of the operator. The reclamation plan
shall be prepared by a licensed engineer, landscape architect or surveyor
and provide for at least the following objectives:
(a)
The removal of all buildings and structures
used in the operations.
(b)
All excavation must either be made to a water
producing depth, if permitted by applicable New York State laws, or
graded and backfilled, and piles of waste material must be leveled.
(c)
Excavations made to a water-producing depth
shall be properly sloped to the waterline, with banks sodded or surfaced
with soil of an equal equality to adjacent land area topsoil and shall
be planted with trees, shrubs, legumes or grasses upon the parts of
such area where revegetation is possible.
(d)
Excavations not made to a water-producing depth
must be graded or backfilled with nonnoxious, nonflammable, noncombustible
solid material and in a topographic character which will result in
a substantial general conformity to adjacent lands. Such grading or
backfilling and leveled piles of waste materials shall be designed
to minimize erosion and shall be surfaced with a soil equal in quality
to that of adjacent land area and planted with trees, shrubs, legumes
or grasses upon the parts of such areas where revegetation is possible.
(2)
A performance bond or some other financial guarantee
shall be required to assure that the conditions stipulated in the
approval of the special use permit, including the restoration of the
site and reclamation of mined land in accordance with the approved
site plan are carried out.
(3)
After any such excavation operation, the applicant
shall make the site reusable for a use permitted in the district.
Where topsoil is removed and ultimately replaced, sufficient arable
soil shall be respread over the premises after the operation. The
area shall be brought to final grade by a layer of topsoil one foot
in depth or original thickness, whichever is more capable of supporting
vegetation. Fills shall be of suitable material approved by the Town
Engineer.
The Town Planning Board may approve a special
use permit for the keeping, breeding and raising of animals on a parcel
of land containing less than five acres in the AR-2 Agricultural Rural
Residential District and the RR-1 Rural Residential District; provided,
further, that the following standards and provisions are maintained:
A.
There shall be provided an enclosed structure for
the animal.
B.
There shall be no outdoor storage of feed.
C.
There shall be a fence enclosed area sized to provide
adequate exercise area for the animal.
D.
There shall be no piling of manure within 100 feet
of any lot line, water supply system or watercourse.
[Amended 8-22-2016 by L.L. No. 2-2016]
E.
Each application for a special use permit shall be
accompanied with a sketch plan showing buildings on the site, exercise
area, manure storage, water supplies and watercourses; and similar
structures and features on adjacent properties when they are located
within 100 feet of the property line.
F.
The breeding and raising of animals may be permitted
when so requested and specified in the special use permit application
and subject further to the applicant's ability to demonstrate that
each of the items specified above can be accomplished on the subject
site in a manner so as not to adversely affect the health, safety
and general welfare of the residents of adjacent properties or the
animals.
The Town Planning Board may approve a special
use permit for kennels in the AR-2 Rural Residential District and
the RR-1 Rural Residential District, provided that the following standards
and provisions are maintained:
A.
No site preparation or construction shall commence
nor shall existing structures be occupied until final site plan approval
has been granted by the Planning Board and permits have been issued
by all governmental agencies involved.
B.
The minimum lot area for such uses shall be three
acres.
C.
Shelters for animals within kennels shall not be closer
than 100 feet to any street or property line.
D.
No outdoor area enclosed by fences for the use of
animals shall be permitted within a front yard. Fenced areas shall
be setback not less than 100 feet from any side or rear property line.
E.
Adequate provisions are made for disposing of animal
waste.
F.
All noise and odors shall not become a nuisance to
adjacent property owners.
The Town Planning Board may approve a special
use permit for the use of land and buildings for stables for the commercial
boarding of horses or riding academies in the AR-2 Rural Residential
District, provided that the following standards and provisions are
maintained:
A.
No site preparation or construction shall commence
nor shall existing structures be occupied until final site plan approval
has been granted by the Planning Board and permits have been issued
by all governmental agencies involved.
B.
The permitted use may include any of the following:
(1)
Storage of horse vans for conveying or vanning of
horses as may be accessory to the principal use.
(2)
Sale or rental of horses for use by public by the
hour, day, month or year.
(3)
Rides on horses by the public.
(4)
Rental of horse vans.
(5)
Riding lessons to the public.
(6)
Sale of horse supplies and/or equipment.
C.
The land devoted to this use shall not be less than
10 contiguous acres.
D.
One principal single-family dwelling may be located
on the land devoted to this use, provided that it complies with the
requirements for this chapter. The land area on which the principal
single-family dwelling is located (minimum lot size of AR-2 District)
shall not be considered as part of the land "devoted to this use"
as set forth in paragraph C above.
E.
The number of horses that may be boarded and/or trained
at such property shall not exceed 25 horses for the first 10 acres
of land devoted to this use, plus one horse for each additional half
acre of land available for such purpose.
F.
The stable shall be located not less than 100 feet
from any boundary line. The storage of manure shall be located on
land not less than 200 feet from any boundary line. The Planning Board
may require manure storage areas to be screened and/or buffered from
adjacent areas.
G.
Riding rings shall meet the following requirements:
(1)
Any riding ring shall be at least 50 feet from any
boundary line.
H.
Accessory buildings such as barns (not housing horses),
sheds and the like, may be located on the land devoted to this use,
provided that they are set back a minimum of 50 feet from the street
line and from each boundary; and provided, further, that they are
not used for the storage of manure.
I.
Structures on the land devoted to this use (not including
the principal dwelling) shall not be in the aggregate cover more than
5% of the area of the land devoted to this use.
J.
No structure shall exceed 35 feet in height.
K.
Suitable and adequate off-street parking shall be
provided in accordance with the requirements established by the Town
Planning Board.
L.
Exterior lighting shall be permitted only to the extent
necessary to prevent injury to the public and shall be so installed
and arranged as to reflect light away from the adjoining streets and
prevent any nuisance to adjoining property.
M.
Exterior loudspeakers may be permitted on the premises and shall
be installed so as to minimize potential nuisances to adjacent properties.
[Amended 8-22-2016 by L.L. No. 2-2016]
The Planning Board may approve a special use
permit for outdoor commercial recreation uses in the CC Community
Commercial District, provided that the following standards and provisions
are maintained:
A.
The applicant shall submit a written statement which
sets forth the details of the operation of the proposed use and a
site plan showing development of the outdoor recreational facilities.
B.
The minimum tract size for such a use shall be three
acres with not less than 275 feet of frontage on each highway which
fronts the site.
C.
The Planning Board shall determine that the physical
character of the site is adequate to accommodate the proposed use
and that plans for water supply, sewage disposal and storm drainage
are capable of meeting anticipated demands.
D.
The Planning Board shall determine that the street
system serving the site is adequate to carry the anticipated traffic
flows and that the proposal will not create a burden or nuisance for
adjoining property owners.
E.
Prior to granting a special use permit for such uses,
the Planning Board may impose any conditions deemed reasonable or
appropriate with respect to improving the design quality of the proposed
use or to minimize the impact of such uses on adjacent properties.
F.
The regulations of Article XIII shall govern the location, size, number and characteristics of signs for such uses.
G.
A letter of credit shall be established and provided
prior to final site plan approval of outdoor commercial recreation
uses to assure that all parking, entrances, exits, facilities and
services are installed as required and proposed.
H.
A landscaped buffer strip not less than 30 feet in
depth shall be provided along the periphery of the proposed use. This
landscaped buffer shall be provided within the setback requirements.
The buffer strip shall include materials and be perpetually maintained
by the developer or owner to provide a visual screen between the proposed
use and adjoining properties and shall be used for no other purpose.
I.
Lighting shall be provided in a manner so as to minimize
potential disturbances to adjacent properties.
J.
Noise generated from an outdoor commercial recreational
use shall be confined to the site.
The Planning Board may approve a special use
permit for a hotel or motel in the CC Community Commercial District,
provided that the following standards and provisions are maintained:
A.
Ingress and egress shall be provided so as not to
conflict with adjacent business use or adversely affect traffic flow
along a major thoroughfare.
B.
Each unit shall contain not less than 240 square feet
of floor area.
C.
No guest shall establish permanent residence at a
motel for more than 30 consecutive days within any calendar year.
D.
An accessory use customarily related to a hotel or
motel, such as a restaurant, dry-cleaning store, beauty shop or barbershops,
may be permitted, provided that such accessory use shall be located
entirely within the building to which it is accessory and does not
have a direct outside entrance for customers.
E.
Off-street parking shall be provided for the hotel
or motel guests in accordance with the provisions in Schedule II.[1] Additional off-street parking shall be provided in accordance
with Schedule II for all accessory uses permitted. The parking standards
specified in Schedule II may be waived by the Planning Board where
it is found that conference guests will be transported to and from
the site by bus, taxi or limousine on a daily basis.
[1]
Editor's Note: Schedule II is included as an attachment to this chapter.
F.
Recreation facilities may be provided for any special
permitted hotel or motel. A minimum of 10% of the gross floor area
of the building or 1/2 acre of land, whichever is the greater, shall
be used for open or enclosed recreation facilities to serve guests.
G.
A freestanding sign may be permitted to identify only
the name of the hotel or motel. Any additional or accessory uses located
within the hotel/motel shall be required to have a building mounted
sign identifying the use.
The Planning Board may approve a special use
permit for a junkyard, auto wrecking and dismantling yard in the GI
General Industrial District, provided that the following standards
and provisions are maintained:
A.
The minimum lot area shall be three acres.
B.
The minimum setback for the principal building on
the site shall be 50 feet.
C.
Junkyards shall be entirely enclosed within a solid
fence at least six feet in height. Said fence shall be of sufficient
strength to serve as a retaining wall and shall be no nearer than
50 feet from any right-of-way line. There shall be no storage of junk
outside the fence.
D.
A minimum area of 200 square feet of storage space
shall be required for storage for each motor vehicle.
E.
All vehicles or engines stored in the yard shall first
be drained of any oil, gasoline or other fluids, which shall be stored
and disposed of off site.
F.
There shall be no storage or stockpiling of tires
or batteries except within an enclosed building.
G.
Direct sales to the general public shall be confined
to an enclosed building located on the site, except for the sale of
reconditioned motor vehicles. Said motor vehicles may be displayed
in a defined area outside of the fenced junkyard portion but on the
subject parcel. A minimum area of 200 square feet shall be required
for each motor vehicle displayed for sale.
H.
No motor vehicle or dismantled parts may be stored
within 100 feet of the bed of a stream carrying water on an average
of six months of the year.
I.
[1]
Editor's Note: Schedule II is included as an attachment to this chapter.
J.
Any junkyard, auto wrecking or dismantling yard existing
at the time of enactment of this chapter and made nonconforming by
said action may continue, provided that there is no expansion.
The Planning Board may approve a special use
permit for a truck and freight terminal in the GI General Industrial
District, provided that the following standards and provisions are
maintained:
A.
The minimum lot area shall be two acres.
B.
A minimum area of 700 square feet of storage (or maneuvering)
space shall be required for each tractor trailer on the site. A minimum
of 400 square feet of storage (or maneuvering) space shall be required
for each truck on the site.
C.
A site plan is approved showing the location on the
property for buildings, loading areas and docks, vehicle servicing,
open storage of vehicles and customer parking areas.
D.
There shall be no on-site open storage of materials.
E.
All repairs and service (including vehicle washing) shall be conducted
within an enclosed building, except for fuel dispensing units.
[Amended 8-22-2016 by L.L. No. 2-2016]
F.
All fuel sales shall be restricted to vehicles used solely in conjunction
with the truck terminal. There shall be no sale of fuel or oil products
to the general public.
[Amended 8-22-2016 by L.L. No. 2-2016]
G.
All open storage of vehicles shall be located either
in the side or rear yards of the site. Open storage areas shall be
screened from any adjacent noncommercial site.
H.
Any vehicle may be offered for sale to the public
at any time. In no event, however, shall the sale of trucks or trailers
be allowed to become the principal use of the site without first obtaining
a use variance and site plan approval for the sale, lease or rental
of vehicles as otherwise required in the CC Community Commercial District.
[Added 2-24-1992 by L.L. No. 1-1992]
The Planning Board may approve a special use
permit for tourist home/bed-and-breakfast establishments in the AR-2
Agricultural Rural Residential District, RR-1 Rural Residential District
and the CC Community Commercial District, provided that the following
standards and provisions are maintained:
B.
The building proposed for occupancy as a tourist home/bed-and-breakfast
shall contain no more than four lodging rooms for hire and shall not
violate the New York State Uniform Fire Prevention and Building Code.
C.
The operator of the tourist home/bed-and-breakfast
shall reside on the premises and shall be the only permanent occupant
on the premises.
D.
No tourist home/bed-and-breakfast use shall be established
on a lot that is within 500 feet of another lot measured along the
same street frontage on which there is an existing tourist home/bed-and-breakfast
establishment.
E.
Off-street parking space shall be provided as follows:
At least two spaces shall be provided for the family residing on the
premises plus not less than one additional space for each lodging
room. All off-street parking shall be buffered from adjacent residential
lots.
F.
One sign up to eight square feet in any area may be
permitted on the premises. The sign may be freestanding or mounted
on the building. If freestanding, the sign shall not be more than
four feet in height measured from the ground to the top of the sign.
Such signs may not be illuminated, except indirectly.
G.
The exterior of the building shall be maintained consistent
with the character of the area.
H.
The Planning Board shall specify the minimum amount
and location of landscaping and buffer screening to ensure that the
use does not create a nuisance for adjoining property owners.
I.
Any structure to be used for a tourist home/bed-and-breakfast
shall have evidence of either an adequate on-site septic system approved
by the State Health Department or otherwise be connected to a public
sewer.
[Added 2-26-1996 by L.L. No. 1-1996]
The Planning Board may approve a special use
permit for special entertainment uses/events in the AR-2 Agricultural
Rural Residential District, RR-1 Rural Residential District, CC Community
Commercial District, LI Light Industrial District and GI General Industrial
District, provided that the following standards and provisions are
maintained:
A.
Such event shall take place on site of not less than
50 acres, which shall be suited for such an event and which shall
be buffered and separated from any adjacent uses. It is not contemplated
that such uses are appropriate in the LDO areas.
B.
No person shall hold or promote, by advertising or
otherwise, a special event/use, unless a special use permit has been
issued for the gathering by the permit-issuing official. No person
shall use, allow, let or permit to be used property for a special
event as defined herein unless and until the written permit authorizing
such use and assembly has been issued by the Code Enforcement Officer
of the Town of East Bloomfield.
C.
Separate permits shall be required for each special
event. A separate permit is required for any special event which is
separated by more than 48 hours from a previous special event for
which a permit had been granted.
D.
Any permit may be revoked by the permit-issuing official
if, after a public hearing and notice to the permittee, he or she
finds that the special event for which the permit was issued is maintained,
operated or occupied in violation of law or the Sanitary Code of the
State of New York. A permit may be revoked upon request of the permittee
or upon abandonment of operation.[1]
E.
The applicant shall present conceptual site plans
and a preliminary special use permit application to the Planning Board
which meets the criteria listed below.
(1)
Survey map which includes a location map.
(a)
Scale of not less that one inch equals 50 feet.
(b)
Topographic contours at intervals not more than
five feet.
(c)
All existing natural features to be shown (woods,
streams, wetland areas and any area in a designated flood zones and
LDO).
(d)
All existing structures to scale, including
fences, utilities and culverts.
(e)
All adjacent owners, their boundary lines and
use.
(f)
Zoning district and required setbacks.
(2)
All proposed improvements to be shown on survey map.
(a)
Vehicular and emergency access to the project,
to include proposed routes to the project on public roads and sight
distances at entrances and exits.
(b)
Proposed parking and surfacing.
(c)
Any proposed changes in drainage.
(e)
All proposed temporary and permanent structures
to scale and the location shown relative to set back requirements
for the zone where located.
(f)
All proposed buffering and fencing.
(g)
If the project is in phases, contemplated future
changes.
(3)
Disclosure of owners, managers and proof of permission
of the landowner for operation of the event.
(4)
Content of program, including days, time and hours
of operation.
(5)
Detailed plans for parking facilities off public roadways
able to serve all reasonable anticipated requirements at a rate of
up to 100 passenger cars per acre or 30 buses per acre.
(6)
All structures, except for those specifically exempted,
shall be removed from the premises within 30 days of the discontinuance
of such use. A bond or letter of credit for restoration of the site
may be required as a condition of approval by the Planning Board.
(7)
A detailed plan for design and use of signs to locate
all facilities and roadways.
(8)
Every existing and proposed water supply and sanitary
facility serving such use shall conform to all applicable requirements
of Part 5 of the State Sanitary Code.
(9)
A statement from local fire authorities having jurisdiction
over the area verifying that the facilities available to such entertainment
use are suitable to provide adequate fire safety, that they are aware
of the event and are willing to cooperate, if needed.
(11)
Detailed plans for internal storage and collection
of refuse, including provisions for disposal and cleaning of property
and immediate surrounding properties within 48 hours of the event.
(12)
Detailed plans for food service, including a
description of food sources, menu, mandatory use of single service
dishes and utensils, refrigeration, food handling and dispensing,
according to New York State Department of Health Standards.
(14)
Detailed plans of any animal accommodations,
including proper feeding, disposal of waste, security, fencing and
care of such animals.
(15)
If alcoholic beverages will be served, evidence
of liquor license, security provisions and proper insurance coverage.
(16)
Detailed plans for security enforcement, including
prevention of the unlawful use of alcohol, narcotics and dangerous
drugs at the site, and methods for limiting the use of the proposed
function to the number of participants for which the facilities are
designed and external, as well as internal crowd control, including
proof of sufficient security for crowd control and security enforcement.
(17)
Detailed plans for amplifying equipment designed
to control the noise level at the perimeter of the site to no more
than 75 decibels on the A scale of a sound-level meter, which meets
the specifications of the American National Standards Institute.
F.
Liability and property damage insurance. No permit
shall be issued unless the applicant shall furnish the Town of East
Bloomfield with a comprehensive liability insurance policy insuring
the Town of East Bloomfield against liability for damage to person
or property with limits of not less than what the Town of East Bloomfield
carries for bodily injury or death and the same coverage as the Town
of East Bloomfield carries for property damage, to hold the Town of
East Bloomfield harmless from any and all liability or cause of action
which might arise by reason of the granting of the permit, which policy
shall not be cancelable without 10 days prior written notice to the
Town of East Bloomfield and which shall be in effect during the entire
period of said event. Failure to keep such policy in effect will result
in automatic revocation of the permit without hearing.
[Amended 7-14-1997 by L.L. No. 1-1997]
G.
Proof of financial resources. The applicant shall
submit a statement of financial resources, prepared by a certified
public accountant, showing finances sufficient to execute the plans
as submitted.
H.
All engineer's fees, attorney's fees, SEQRA fees and
any other fees incurred by the Town shall be at the expense of the
applicant. A bond or letter of credit may be required by the Town
Planning Board at the time of application.
[Added 2-26-1996 by L.L. No. 1-1996]
The Planning Board may approve a special use
permit for adult bookstores, adult motion-picture theaters, massage
establishments and adult entertainment uses and businesses only to
be located in the General Industrial (GI) District, provided that
the following standards and provisions are maintained:
A.
These special regulations are itemized in this section
to accomplish the primary purposes of preventing a concentration of
these uses in any one area and restricting their accessibility to
minors.
B.
Such uses and businesses shall be a minimum of 2,000
feet from schools, churches, family-oriented businesses, public parks
and recreation lands and 500 feet from municipal boundary lines and
other adult entertainment use or business, residentially zoned lands
and other specified uses and businesses set forth in this chapter.
Measurement of distances shall be from the property lines of the use.
C.
In addition to any other requirements imposed by the
Town of East Bloomfield or the State of New York, the following specified
regulations shall apply to any adult entertainment and business use:
(1)
No exterior sign shall contain any photographic or
artistic representation of the human body.
(2)
All building openings, entries, windows, doors, etc.,
shall be located, covered or screened in such a manner as to prevent
a view into the interior of the building from any public right-of-way
or adjacent property.
(3)
A lot which supports an adult entertainment use or
business may not support any other dissimilar use, including a residential
or family use.
(4)
Parking. See Schedule II, Off-Street Parking, entry
for "restaurant, cafeterias, taverns and bars."[1]
[1]
Editor's Note: Schedule II is included as an attachment to this chapter.
(5)
The applicant shall specify the exact nature of the
adult entertainment uses, the hours of operation and any additional
uses that will be carried on in conjunction with proposed adult entertainment.
(6)
The applicant shall provide the status of all other
required local and state approvals and licenses required for operation
of such business.
[Added 1-22-2001 by L.L. No. 1-2001]
The Planning Board may approve a special use
permit for family/in-law apartments in the AR-2 Agricultural Rural
Residential District and the RR-1 Rural Residential District, provided
that the following standards and provisions are maintained:
A.
Must be owner-occupied.
B.
Must be part of the principal residence.
C.
Exterior of building must have the appearance of single-family
residence.
D.
All utility hookups will be single service.
E.
Must have one common driveway with adequate parking.
F.
Must meet current building and Department of Health
codes.
G.
Must be family by the following definition: not more
than two persons, whether related or not by birth, blood, marriage
or adoption, living together as a single housekeeping unit in the
dwelling unit and related to at least one or more residents of the
principal residence.
H.
Must file affidavit showing that only family live
in the second residence.
I.
Special use will become null and void, and apartment
will revert back to part of principal residence, when family members
no longer live there.
[Added 8-22-2016 by L.L.
No. 2-2016]
The Planning Board may approve a special use permit for firewood
cutting and sales in the AR-2 Agricultural Rural Residential District,
provided that the following standards and provisions are maintained:
A.
No site preparation or construction shall commence, nor shall existing
structures be occupied, until final site plan approval has been granted
by the Planning Board and permits have been issued by all governmental
agencies.
B.
The minimum lot area shall be five acres with not less than 275 feet
of frontage on each highway which fronts the site.
C.
A landscaped buffer strip not less than 10 feet in depth shall be
provided along the periphery of the proposed use. The buffer strip
shall include materials and be perpetually maintained by the owner
to provide a visual screen between the proposed use and adjoining
properties and shall be used for no other purpose.
D.
All processing of firewood shall be done between the hours of 7:00
a.m. and 7:00 p.m.
E.
Storage of all logs and firewood shall be kept behind the buffered
area. A minimum display of firewood for sale will be allowed outside
of buffered area subject to the Planning Board's approval.
[Added 5-8-2017 by L.L.
No. 1-2017; amended 9-13-2021 by L.L. No. 4-2021]
Large-scale solar energy systems are permitted through the issuance
of a special use permit within all districts subject to the requirements
and approval standards set forth in this section, including site plan
approval. Applications for the installation of a large-scale solar
energy system shall be reviewed by the Code Enforcement Officer and
referred, with comments, to the Planning Board for its review and
action. The Planning Board may impose any modifications or conditions
(including time limits) it deems necessary to conform with the goals
and objectives of the Town's Comprehensive Plan and its principles
of land use and development and to protect the health, safety or general
welfare of the public. The Town of East Bloomfield has determined
the rural character of the Town is of primary importance, therefore
determined to limit the cumulative capacity of large-scale solar energy
development within the Town to 10 MW.
A.
Statement of purpose. This Zoning for Solar Energy Law is adopted
to advance and protect the public health, safety, and welfare of the
Town of East Bloomfield, including:
(1)
Taking advantage of a safe, abundant, renewable, and nonpolluting
energy resource;
(2)
Decreasing the cost of energy to the owners of commercial and
residential properties, including single-family houses; and
(3)
Increasing employment and business development in the region
by furthering the installation of solar energy systems.
B.
Authority. This Zoning for Solar Energy Law is adopted pursuant to
§§ 261 through 263 of the Town Law of the State of
New York, which authorize the Town of East Bloomfield to adopt zoning
provisions that advance and protect the health, safety, and welfare
of the community, and to make provision for, so far as conditions
may permit, the accommodation of solar energy systems and equipment
and access to sunlight necessary therefor.
C.
Applicability. The requirements of this section shall apply to all
solar energy systems installed or modified after its effective date,
excluding general maintenance and repair and building-integrated photovoltaic
systems.
(1)
All solar energy system installations must be performed in accordance
with all applicable electrical and building codes, manufacturer's
instructions, and industry standards. Prior to the operation of the
solar energy system, it must be inspected by the Code Enforcement
Officer or by an appropriate electrical inspector or agency. In addition,
any connection to the public utility grid must be inspected and approved
by the appropriate public utility.
(2)
All solar panels and solar energy systems shall be situated
to prevent reflective glare toward any inhabited buildings, adjacent
properties, or public roads.
(3)
Where site plan approval is required elsewhere in the regulations
of the Town, the site plan review shall include review of the adequacy,
location, arrangement, size, design, and general site compatibility
of the proposed solar energy system.
(4)
If a solar energy system ceases to perform its originally intended
functions for more than 12 consecutive months, it will be deemed abandoned
and shall be removed within 90 days. Applications for extensions are
reviewed by the Code Enforcement Officer. Extensions are limited to
90 days.
D.
Special use permit application requirements. For a special use permit
application, the site plan application is to be used as supplemented
by the following provisions:
(1)
If the property of the proposed project is to be leased, legal
consent between all parties, specifying the use(s) of the land for
the duration of the project, including easements and other agreements,
shall be submitted.
(2)
Blueprints showing the layout of the solar energy system signed by a licensed professional engineer or registered architect shall be required, as well as compliance with the regulations in Town Code § 135-25, Application details.
(3)
Documentation.
(a)
The equipment specification sheets shall be documented and submitted
for all photovoltaic panels, significant components, mounting systems,
and inverters that are to be installed. All components shall have
UL, FM or equivalent agency approvals.
(b)
Coordinated electric system interconnection review (CESIR) or
equivalent documentation demonstrating electrical capacity for the
proposed large-scale solar energy system.
(c)
Site and stormwater pollution prevention plans that demonstrate
all aspects of water runoff and wetlands protection are addressed.
The SWPPP must be approved and signed by a licensed professional engineer.
The SWPPP shall be reviewed by the Ontario County Soil and Water District
and other appropriate authorities prior to final site plan approval.
(d)
Detailed drawings showing construction phases from preconstruction
through completion that are approved and signed by a licensed professional
engineer.
(4)
Property operation and maintenance plan. Such plan shall describe
continuing photovoltaic maintenance and property upkeep, such as mowing
and snow removal, maintenance hours, and emergency accessibility.
A NYS based company or person shall be hired for regular maintenance
and the Code Office shall do a quarterly inspection to look for any
possible code violations. A maintenance bond shall be required for
landscaping or maintenance issues. The amount will be determined on
a case-by-case basis.
E.
Decommissioning plan. To ensure the proper removal of large-scale
solar energy systems, a decommissioning plan shall be submitted as
part of the application. A bond shall be required by the Town of East
Bloomfield, hereinafter referred to as a "decommissioning bond," based
on the cost estimate established in the decommissioning plan or otherwise
established by the Town of East Bloomfield. The owner of the large-scale
energy system will be responsible for premium payments on the decommissioning
bond and shall renew the bond as often as necessary to ensure the
bond is in place at all times until decommissioning is complete. Compliance
with this plan shall be a condition precedent to the issuance of a
special use permit under this section. The decommissioning plan must
specify that after the large-scale solar energy system is scheduled
to be taken out of service due to functional, economic, physical,
or any other reason, the entire large-scale solar energy system shall
be removed by the applicant or any successor in interest. The plan
shall demonstrate how the removal of all infrastructure and the remediation
of soil and vegetation shall be conducted to return the parcel to
its original state prior to construction. The plan shall also include
an expected timeline for execution of the decommissioning plan. A
cost estimate detailing the projected cost of executing the decommissioning
plan shall be prepared by a professional engineer or contractor. Cost
estimations shall take into account inflation. Removal of large-scale
solar energy systems must be completed in accordance with the decommissioning
plan. If the large-scale solar energy system is not timely decommissioned
after being considered abandoned, the Town may remove the system and
restore the property. If the Town removes or otherwise decommissions
the large-scale solar energy system, it may impose a lien on the property
to cover the removal and remediation costs actually expended by the
Town.
F.
Special use permit standards.
(1)
A large-scale solar energy system may be permitted in all districts
in the Town when authorized by site plan approval from the Planning
Board, subject to the following terms and conditions.
(a)
The Planning Board may impose conditions on its approval of any special use permit under this section in order to enforce the standards referred to in § 135-24 or in order to discharge its obligations under the State Environmental Quality Review Act (SEQRA).[1]
[1]
Editor's Note: See Environmental Conservation Law § 8-0101
et seq.
(b)
Lot coverage. Systems are limited to covering no more than 50%
of the entire surface area of the lot in which they are erected. This
includes lots which are covered by ground-mounted solar panels, which
shall be included in total lot coverage.
(2)
Height and setback restrictions.
(a)
The maximum height for freestanding solar panels located on
the ground or attached to a framework located on the ground shall
not exceed 15 feet in height above ground.
(3)
Design standards.
(a)
Removal of trees and other existing vegetation shall be minimized
or offset with planting elsewhere on the property.
(b)
Roadways within the site shall be constructed of porous/gravel
materials and designed to minimize the extent of roadways constructed
and soil compaction.
(c)
Buffering is required and shall be designed and located in order,
to the extent possible, to preserve the privacy and aesthetic nature
of adjacent property owners.
(d)
Each large-scale solar energy system shall be designed to minimize
the total acreage of developed land.
(4)
Signs. A sign not to exceed eight square feet shall be displayed
on or near the main access point and shall list the facility name,
owner and phone number.
G.
Abandonment. Solar energy systems are considered abandoned after
12 months without electrical energy generation as initially approved
and must be removed from the property within 90 days. Applications
for extensions are reviewed by the Code Enforcement Officer. A ninety-day
extension may be granted.
H.
Enforcement. Any violation of this Solar Energy Law shall be subject
to the same civil and criminal penalties provided for in the zoning
regulations of the Town of East Bloomfield.
[Added 6-28-2021 by L.L. No. 1-2021]
The Planning Board may approve a special use permit for an accessory
residential dwelling in the AR-2 Agricultural Rural Residential District
and the RR-1 Rural Residential District, provided that the following
standards and provisions are maintained and that all activities are
necessarily and customarily incidental and subordinate to the principal
uses that are allowed in such zoning district:
A.
At least one owner of record shall occupy either the primary dwelling
unit or the accessory dwelling unit and must be family by the following
definition: not more than two persons, whether related by birth, blood,
marriage or adoption, living together as a single housekeeping unit
in the dwelling unit and related to at least one or more residents
of the primary or accessory dwelling.
B.
Accessory dwellings shall consist of single-family living quarters
located in detached accessory buildings such as carriage houses, garages
or other accessory buildings that are located on the same lot as the
single-family dwelling. All accessory dwelling units/uses shall be
temporary in nature and will be removed when no longer used by a family
member.
C.
Accessory dwellings shall be at least 500 square feet in total gross
floor area, but no more than 850 square feet in gross floor area and
shall contain at least two rooms and private sanitary facilities with
hot and cold running water, and cooking and food storage facilities.
D.
Accessory dwellings shall be integrated in with existing single-family
electrical and septic/sewer systems. Planning Board may waive this
requirement if a hardship is shown that a separate electrical and
septic/sewer system is more practical due to the placement of existing
septic systems/electrical systems.
E.
There shall not be more than one accessory dwelling on a lot in addition
to the principal single-family dwelling and the accessory dwelling
unit shall meet the lot line setback requirements for the zoning district.
F.
Minimum of four off-street parking spaces shall be provided, two
for the principal residence and two for the accessory dwelling unit.
G.
The permitted accessory dwelling unit shall comply with all other
applicable site and building design, height, access and other standards
for the principal dwelling units in the zoning district in which accessory
dwelling will be located. Accessory dwelling will meet all Department
of Health regulations and New York State building code requirements.
H.
A certificate in the form of an affidavit which verifies that the
owner continues to reside on the premises and that all other conditions
met at the time of the original application remain unchanged shall
be submitted to the Code Enforcement Office by January 31 of each
year. The Town may require a fee for such residential accessory use
and any fees so required must also be paid by January 31 of each year.
