A.
Zoning Officer. The Town Board shall appoint a Zoning
Officer for the purpose of administering and enforcing this chapter.
The Zoning Officer is hereby given the following administrative powers
and duties, among others:
(1)
To provide information and assistance to applicants
and other interested parties regarding the regulations, requirements,
standards and procedures of this chapter.
(2)
To issue, deny or hold zoning permits according to the procedures and requirements set forth under § 165-39 of this Article.
(3)
To assist the Planning Board and the Town Board regarding
the initial review of applications for special use permit provided
and/or site plan approvals as provide under this Article.
(4)
To provide monthly reports to the Planning Board concerning
the issuance of zoning permits and certificates of compliance.
B.
Planning Board. In addition to the general powers
and duties provided under Town Law, the Planning Board shall hereby
be specifically authorized as follows:
(1)
For the purpose of carrying out the site plan approval
provisions of this Article:
(c)
To waive any such specification upon finding
that it is unnecessary or inappropriate for the review.
(d)
To act as liaison with other agencies involved
with the proposed use or development activity.
(e)
To serve as lead agency for the environmental
review of actions involving permitted site plan uses, except when
a nontown agency has been so designated pursuant to SEQR.
(2)
For the purpose of carrying out the special use permit
approval provisions of this Article:
(a)
To review all applications for special use permit approval and, with the exception of those subject to Town Board approval, to approve, approve with modifications or conditions or deny such applications according to the procedures and standards set forth under § 165-41 of this Article.
(b)
To act as liaison with any other agencies that
are involved with the proposed use or development activity.
(c)
To serve as lead agency for environmental review
of actions involving special uses, except when a nontown agency has
been so designated pursuant to SEQR.
(d)
To prepare written recommendations to the Town
Board for each special use permit requiring Town Board approval.
(e)
To attach safeguards and conditions to its approval
of any special use to assure that the applicable standards will be
upheld, that the character of the surrounding area will be preserved
and that the intent of the district and the purpose of this chapter
will be achieved.
A.
Procedures.
(1)
Application requirements.
(a)
Application form. Each application for a zoning
permit for a permitted use shall be made, in writing, on such forms
as may be prescribed from time to time by the Town Board and made
available from the Town Clerk's office.
(b)
Plot plan. Three copies of a plot plan for the lot and the proposed buildings, structures and/or uses thereon shall be submitted with the application form. Such plot plan shall be prepared according to the specifications under Subsection B of this section.
(c)
Other supporting materials. One copy of any
drawings, specifications, photographs or other supporting materials
necessary for determining compliance shall accompany the application
form.
(d)
Fee. A zoning permit application fee shall be
submitted with the application in the amount specified from time to
time by resolution of the Town Board.
(2)
Filing. The complete zoning permit application shall
be filed in the Town Clerk's office.
(3)
Compliance review. After receiving a complete zoning
permit application, the Zoning Officer shall commence a thorough review
to determine if the lot and the buildings, structures and/or uses
proposed thereon comply with the applicable regulations of this chapter.
Such review shall be completed in the shortest time period necessary,
generally not exceeding five working days.
(4)
Administrative action. Upon completing the compliance
review, the Zoning Officer shall take one of the following administrative
actions:
(a)
Issue the zoning permit when full compliance
has been determined;
(b)
Issue a denial of zoning permit when noncompliance has been determined for any reason other than a pending action, as provided under Subsection A(4)(c) below; or
(c)
Issue notice that the zoning permit must be
held pending when full compliance has been determined with the exception
of required approval by the Town Board and/or the Planning Board.
B.
Specifications for preparing plot plans. A plot plan
shall be prepared to a suitable scale and shall accurately and legibly
show the following information:
(1)
A title block labeling the drawing as a plot plan
and indicating:
(a)
The name of the property owner(s), applicant(s)
(if other than the owner) and plan preparer. (If the construction,
reconstruction, installation, placement, addition, extension or other
exterior alteration of a structure would have a cost value of at least
$25,000 or would increase the square footage of an existing structure
by more than 25%, then the plot plan shall contain the seal and signature
of a professional engineer, licensed land surveyor, registered architect
or registered landscape architect licensed according to the New York
State Education Law.)
(b)
Dates of plan preparation and revisions thereto.
(c)
The scale of the plan.
(2)
North arrow.
(3)
Location and dimensions of all property lines bounding
the subject property and the area encompassed thereby.
(4)
Location, name and right-of-way width of any public
road adjoining or private road serving the property.
(5)
Location and identification of any shoreline, stream
or wetland on or adjacent to the property.
(6)
Location, width and purpose of any easement and notes
regarding any deed restriction or reservation which may affect the
location of buildings, structures or uses.
(7)
Location, dimensions, height and use of all existing
and proposed buildings and structures on the property and their setback
distances from the property lines.
C.
Expiration. A zoning permit shall expire within one
year, unless the building activity or use involved has commenced.
A.
Procedures.
(1)
Sketch plan conference. An applicant may request a sketch plan conference with the Planning Board prior to preparing an application of site plan approval. Prior to such conference, the applicant shall cause to be prepared a sketch plan showing the proposed layout and arrangement of the permitted site plan use according to the specifications under Subsection B of this section. The applicant shall contact the Chairman of the Planning Board to arrange the conference at the next regular meeting of the Planning Board or as may otherwise be mutually convenient. The applicant shall bring at least three copies of the sketch plan to facilitate review and discussion. The Planning Board shall not hold the conference unless the applicant or a representative thereof is in attendance. During the conference, the Planning Board shall:
(a)
Discuss general compliance with the regulations
and requirements of this chapter to avoid the Planning Board having
to delay or dismiss the application after the Zoning Officer's formal
compliance review.
(b)
Conduct an initial review of the sketch plan
to determine whether a short or full environmental assessment form
(EAF) will be required.
(c)
Discuss the specifications for preparing site plans as set forth under Subsection B of this section and identify any such specifications which it will consider waiving during the detailed site plan review.
(d)
Identify other agencies to which the application
for site plan approval would be referred pursuant to SEQR, the General
Municipal Law or otherwise.
(2)
Application requirements. Each application for a site
plan approval shall constitute an application for a zoning permit.
(a)
Application forms. The application for site
plan approval shall be made in writing on such form as prescribed
from time to time by the Planning Board and made available from the
Town Clerk's office.
(b)
Environmental assessment form (EAF). Three copies
of a completed short or full environmental assessment form shall be
submitted with the application form, if required pursuant to SEQR.
(c)
Preliminary site plan. Three copies of a preliminary site plan shall be submitted with the application form. Such preliminary site plan shall have been prepared according to all of the specifications set forth under Subsection B of this section, with the following exceptions:
(d)
Supporting materials. Three copies of any drawings,
written descriptions or specifications, photographs or other supporting
materials necessary for the detailed review of the preliminary site
plan shall be submitted with the application.
(e)
Referral copies. One additional copy of the
application, environmental assessment form, preliminary site plan
and supporting materials shall be submitted for each referral required
by law or as otherwise specified by the Planning Board.
(f)
Fee. A preliminary site plan approval application
fee shall be submitted with the application in the amount specified
from time to time by resolution of the Town Board.
(3)
Filing. The application for preliminary site plan
approval shall be filed in the Town Clerk's office.
(4)
Compliance review. When an application for site plan approval has been filed, the Zoning Officer shall commence a thorough review of the application as provided under § 165-39C. Such review shall be completed in the shortest time period necessary, generally not exceeding five working days.
(5)
Administrative action. Upon completing the compliance
review, the Zoning Officer shall take one of the following administrative
actions:
(a)
Issue notice that the zoning permit must be
held pending when full compliance has been determined with the exception
for site plan approval by the Planning Board; or
(b)
Issue a denial of zoning permit when noncompliance
has been determined for any reason other than the required site plan
approval; and
(c)
Provide a copy of such notice or denial to the
Planning Board.
(6)
Initial review.
(a)
When an application for preliminary site plan
approval has been submitted without a prior sketch plan conference,
the Planning Board shall conduct an initial review of the site plan
pursuant to SEQR to determine whether an environmental assessment
form is required and, if so, whether an acceptable environmental assessment
form has been submitted.
(b)
The Planning Board shall review the copy of
the held-pending notice or denial of zoning permit provided by the
Zoning Officer. Where a denial of zoning permit was issued, the Planning
Board may postpone review if the applicant is willing to modify the
preliminary site plan to comply with the zoning law, except pending
site plan approval.
(c)
The Planning Board shall review the preliminary
site plan to determine whether it satisfies the application requirements.
(7)
Official submission date. When the Planning Board's
initial review has determined that the application satisfies the requirements
applicable thereto and, with the exception of site plan approval,
is in full compliance with this chapter, it shall accept the application.
Such acceptance shall establish the application's official submission
date. If the application fails to satisfy the application requirements
or has been issued a denial of zoning permit, the Planning Board shall
either:
(8)
Referrals. As of establishing the official submission
date, the Planning Board shall authorize the referral of one copy
of the application to each of the following:
(a)
The Jefferson County Planning Board, if required
by § 239-m of the General Municipal Law.
(b)
Other involved agencies, if required for lead-agency
designation or opted by the Planning Board for coordinated review
pursuant to SEQR.
(c)
The St. Lawrence-Eastern Ontario Commission,
if the application involves a project pursuant to Article 37 of the
Executive Law.
(d)
Any consulting engineer, architect or attorney
of the town, when deemed necessary and appropriate for review of the
site plan.
(9)
Detailed review.
(a)
Environmental review. When an environmental
assessment form is required as part of the application, the Planning
Board shall follow the environmental review procedures of SEQR. If
the Planning Board or another involved agency designated as the lead
agency determines that a draft environmental impact statement (DEIS)
will be required, the Planning Board shall request that the applicant
waive the time limit for the Planning Board to either render its decision
or hold a public hearing. Such waiver shall provide adequate time
for the full satisfaction of the further environmental review provisions
of SEQR. If the Planning Board or another involved agency designated
as the lead agency determines that the action would not involve any
significant environmental impacts, or if the action is not subject
to environmental review, the Planning Board shall proceed within the
normal time limits.
(b)
Site plan review. Concurrently with the environmental review, the Planning Board shall review the site plan according to the review considerations set forth under Subsection C of this section. The Planning Board, pursuant to the site plan review, shall:
[1]
Formally waive any specifications it has deemed
unnecessary or inappropriate for the review.
[2]
Advise the applicant regarding any problems
or issues determined during site plan review.
[3]
Determine whether a public hearing shall be
required and, if so, set the date, time and place thereof and provide
for the publication of notice therefor.
[4]
Determine whether additional information shall
be required, including, but not limited to, soil or water test results,
traffic studies and market feasibility analysis.
(10)
Public hearing. When it has required a public
hearing of the application, the Planning Board shall hold such hearing
within 45 days of the official submission date, except upon a waiver
of the time limit by the applicant. A public notice shall be published
at least once in a newspaper of general circulation within the Town
at least five days prior to the public hearing date. Said notice shall
state the date, time and place of the public hearing and the nature
of the site plan approval requested. If the public hearing is set
to coincide with a draft-environmental-impact-statement public hearing
pursuant to SEQR, the notice shall so state and shall be published
at least 14 days prior to the hearing.
(11)
Decision. The Planning Board shall render its
decision to approve, approve with modifications or disapprove the
application for preliminary site plan approval within 45 days of the
official submission date or, if a public hearing was required, within
45 days from the close of such hearing. Such time limits may be waived
by mutual consent of the applicant and the Planning Board. The Planning
Board's decision and the reasons therefor shall be clearly stated,
in writing. In no event, however, shall the application be approved
until the following prerequisites have been satisfied:
(a)
When the application has been referred to the
Jefferson County Planning Board, its comments have been received or
its thirty-day review has expired.
(b)
When required pursuant to SEQR, the Planning
Board has prepared the necessary findings and conclusions.
(c)
When the decision would be approval with modifications
or conditions, such modifications or conditions are clearly stated
in writing and, if appropriate, indicated on a copy of the site plan.
(12)
Grant of preliminary and final site plan approval.
In cases where a preliminary site plan involves minor changes to an
existing permitted site plan use or otherwise is in final form, the
Planning Board may grant preliminary and final approval at the same
time.
(13)
Filing and notification. The decision of the
Planning Board shall be filed in the Town Clerk's Office within 24
hours. Written notice of such decision shall be mailed to the applicant
within five days of the decision.
(14)
Final site plan approval.
(a)
Preliminary site plan approval shall expire
if the final site plan is not submitted within six months.
(b)
At least five copies of the final site plan
shall be submitted to the Planning Board. The Planning Board may refer
a copy of such plan to any consulting engineer, architect or other
professional retained by the Town for the purpose of reviewing final
site plans. Within 45 days of receiving the final site plan, the Planning
Board shall render its decision to approve, approve with modifications
or conditions or disapprove such site plan. Notification and filing
of such decision shall be as provided for the preliminary site plan.
(15)
Approved final site plans. Three copies of the
approved final site plan shall be signed by the Planning Board Chairman
or, in the Chairman's absence, another authorized member of the Planning
Board. Such plan shall not be signed until any modifications or conditions
required as part for the approval have been incorporated on the original
drawing of the site plan and are thus reflected in the copies made
therefrom. The date of the approval and the date of the signature,
if different from the date of approval, shall also be noted on the
copies of the approved plan. One of the signed copies shall be filed
with the application and decision thereon. One copy shall be provided
to the Zoning Officer to remove the held-pending status from the zoning
permit. The third copy shall be returned for the applicant's own records.
B.
Specifications for preparing sketch plans. A sketch plan shall be prepared to the specifications for preparing plot plans (see § 165-39B) with the following exceptions:
(1)
The title block shall label the plan as a sketch plan.
(2)
A location inset map shall be provided to indicate
the site location and surrounding roads at a scale of one inch equals
2,000 feet.
(3)
The approximate location and type of existing wooded
areas, exposed or outcropping bedrock and other natural features shall
be shown, in addition to shorelines, streams and wetlands.
(4)
The location, size and use of existing and proposed
buildings and structures shall be indicated with approximate dimensions
and setbacks.
(5)
The general layout of existing and proposed parking
areas, loading areas, driveways and points of access and egress shall
be shown with approximate dimensions, anticipated type of material
and number of parking spaces.
(6)
The general drainage pattern for the lot shall be
indicated by arrows. The approximate boundaries of flood hazard areas,
if any, shall be shown. Probable areas of cut and fill shall be noted.
The approximate location of existing dams, impoundments, retention
or detention ponds and other major drainage improvements shall be
indicated.
(7)
The general location of any existing or proposed individual
sewage treatment system, well or public utility facility serving the
lot shall be indicated.
C.
Specifications for preparing site plans. Each site plan shall be so labeled and prepared to a suitable scale to accurately and legibly show the information specified hereunder, in addition to the information required for a sketch plan according to Subsection A of this section. Whenever possible, the physical location, arrangement, size, type of construction, setbacks and use of structures shall be shown graphically on the site plan. Engineering and design details, construction specifications, grading and drainage plans, landscaping plans, planting schedules and written descriptions may be prepared as separate attachments. Attached plans shall have the same scale as the site plan whenever practical. Detailed specifications include:
(1)
The seal and signature of a land surveyor, professional
engineer, architect or landscape architect licensed or registered
in accordance with the New York State Education Law.
(2)
The bearings and exact distances of the site's existing
and proposed property lines, the location of adjacent properties and
the ownership thereof, according to the latest tax records.
(3)
The location, width and purpose of all existing and
proposed easements across, reservations from or areas dedicated to
public use within or adjoining the property.
(4)
Notation on the site plan or an attachment thereto
describing any existing or proposed deed restrictions or covenants
applicable to the property.
(5)
The location of existing hydrologic features and existing
and proposed contours at a five-foot intervals, unless shown on a
separate grading and drainage plan.
(6)
The location, design and construction materials of
all parking and loading areas and the access and egress drives therefor.
(7)
Provisions for pedestrian access, including the locations,
width and construction materials for private or public sidewalks.
(8)
The location and description of outdoor storage, if
any.
(9)
The location, design and construction materials of
all drains, culverts, retaining walls and fences.
(10)
A description of the method of sewage disposal
and the location, design and construction materials of proposed sewage
disposal facilities to be installed.
(11)
A description of the method of securing public
water and the location, design and construction materials of proposed
water supply facilities to be installed.
(12)
The location of fire lanes and other emergency
zones, including the location of fire hydrants.
(13)
The location, design and construction materials
of all energy distribution or fuel storage facilities, including electrical,
gas, oil, coal and solar energy.
(14)
The location, dimensions, area, height, design
and construction materials of all proposed signs.
(15)
The location and treatment of all buffer areas,
including indication of existing and proposed vegetative cover.
(16)
The location and design of outdoor lighting
facilities.
(17)
A designation of the amount of existing and
proposed gross floor area intended for retail sales and services,
office uses and other similar commercial or industrial activities.
(18)
A description of the number and type of dwelling
units involved with respect to multiple-family dwellings or any dwelling
unit existing or proposed in conjunction with another permitted site
plan use or special use.
(19)
A general landscaping plan and planting schedule.
(20)
Other elements integral to the proposed development
as considered necessary by the Planning Board, including identification
of any federal, state or county permits or approvals required for
the project's execution and the status of such permits or approvals.
D.
Site plan review considerations. The Planning Board
shall review each site plan in accordance with the review considerations
provided hereunder, as appropriate.
(1)
General considerations.
(a)
Consistency with any federal, state or county
permits required.
(b)
Compatibility with existing deed restrictions,
covenants, easements, reservations or other legal restrictions affecting
the site.
(c)
Appropriateness of measures to avoid or mitigate
any potential environmental impacts identified.
(d)
General consistency with the Town of Brownville
Comprehensive Plan.
(e)
Sensitivity to the age and mobility of the population
for which the development or use is intended.
(2)
Development suitability considerations.
(a)
Extent of limitations imposed by existing natural
conditions on the site, including, but not limited to, the following:
[1]
Depth of bedrock;
[2]
Steepness of slopes;
[3]
Soil stability;
[4]
Load-bearing capacity;
[5]
Soil erodibility and percolation rate;
[6]
Depth to the water table;
[7]
Quantity and quality of available groundwater;
[8]
Surface ponding;
[9]
Drainage patterns;
[10]
Streams and other water bodies;
[11]
Flood hazards;
[12]
Maturity of wooded areas;
[13]
Existence of rare or endangered
species; and
[14]
Proximity to sensitive fish or
wildlife habitats.
(b)
Extent of limitations imposed by existing development
conditions, including, but not limited to, the following:
[1]
Capacity of public roads or highways serving
the site and their present traffic volumes;
[2]
Existing speed limits and traffic control devices;
[3]
Proximity to an existing intersection or deceleration
lane;
[4]
Location of existing buildings, structures,
driveways, parking and loading facilities, sidewalks, public utilities,
drainage improvements, public sewers, water mains, individual sewage
disposal systems, wells and other improvements on or within close
proximity to the site; and
[5]
Character of existing land uses in the surrounding
area.
(3)
Considerations for vehicular and pedestrian safety.
(a)
Adequacy, suitability and safety of proposed
vehicular access and circulation, including, but not limited to, width,
grade, alignment, visibility and facility of use for proposed curb
cuts, access and egress drives, parking aisles, emergency access lanes
and other internal roadways in relation to existing development conditions.
(b)
Adequacy and suitability of proposed parking
and loading facilities, including, but not limited to, number, size
and orientation of required spaces and their ease of use; parking
for handicapped persons; use of loading facilities without hindrance
to vehicular circulation; and provisions for snow storage and/or removal.
(c)
Adequacy and suitability of provisions for pedestrian
safety, including, but not limited to, public and private sidewalks,
measures to ensure pedestrian visibility and on-site warning or speed
limit signs.
(4)
Considerations for buildings and structures.
(a)
Appropriateness of the arrangement of proposed
buildings and structures in terms of height, bulk, setback or spacing,
lot coverage or density and function, according to types of uses and
the areas occupied thereby.
(b)
Compatibility of proposed buildings and structures
with existing natural and development conditions in terms of architectural
features, historical significance and visual impact.
(5)
Grading and drainage considerations.
(a)
Adequacy and appropriateness of the proposed
grading plan in terms of extent of cut and fill, overall drainage
pattern, measures for erosion and sedimentation control and techniques
for preserving existing trees to be retained as part of site landscaping.
(b)
Adequacy and appropriateness of proposed drainage
improvements for retention, detention and/or conveyance of stormwater
runoff, including, but not limited to, impoundments, weirs, ditches,
channels, culverts, storm sewers and catch basins.
(c)
Adequacy and suitability of measures for prevention
of damages from flooding and/or erosion.
(6)
Landscaping, screening and lighting considerations.
(a)
Adequacy and suitability of overall landscaping
plan and planting schedule in terms of aesthetic treatment of the
site, provision of vegetative buffers for screening of parking, loading
and outside storage or display areas from adjacent residential properties
and characteristics of the existing and proposed plant species involved.
(b)
Suitability of any fences or walls proposed
for screening or security in terms of height, stability, durability,
appearance and safety.
(c)
Adequacy and appropriateness of proposed exterior
lighting for security, vehicular and pedestrian safety, and site exposure,
without objectionable, hazardous or unnecessary glare, flashing, pulsation
or other movements.
(7)
Sewage, water supply and solid waste considerations.
(8)
Considerations for other improvements.
(a)
Appropriateness of proposed signage in terms of the sign regulations under Article V of this chapter.
(b)
Adequacy of recreation areas, if required, and
the suitability of facilities to be provided therein.
(c)
Suitability of proposed energy supply and manner
of connection to existing energy distribution facilities.
A.
Procedures. The procedures for special use permit approval shall consist of the site plan approval procedures as set forth under § 165-40 of this Article, with the following additions:
(1)
Sketch plan conference. During the sketch plan conference,
the Planning Board shall discuss the nature of the special use and
the standards applicable thereto.
(2)
Application requirements. The application for the
special use permit approval shall be included on the same form with
the application for preliminary site plan approval. A written statement
clearly describing the proposed special use shall be a required supporting
material. A separate special use permit application fee shall be submitted
with the application in the amount specified from time to time by
resolution of the Town Board.
(4)
Referrals. The referrals shall be the same as provided under § 165-40A(8), except that, when Town Board approval is required for the special use permit, the referrals shall include one copy for the Town Board as notice of a pending application.
(5)
Detailed review. The detailed review shall be the
same as for site plan approval, except as follows:
(a)
The Planning Board shall also review the proposed
special use for compliance with the general and specific standards
applicable to such use.
(b)
When the special use requires Town Board approval,
the Planning Board shall complete its review and provide written recommendations
to the Town Board within 45 days of the official submission date or,
if a draft environmental impact statement has been required, within
45 days of its date of acceptance.
(c)
When the special use permit is subject to Planning
Board approval, the Planning Board shall complete its review within
the same time limits as provided for preliminary site plan approval.
(6)
Public hearing. A single public hearing on the application
for special use permit approval and preliminary site plan approval
shall be required before the Planning Board or, when Town Board approval
of the special use permit is required, before a joint meeting of the
Town Board and Planning Board. The Board with the special use permit
approval authority shall fix the date, time and place of such hearing.
For special use permit approval by the Planning Board, the hearing
shall be held within 45 days of the official submission date. For
special use permit approval by the Town Board, the hearing shall be
held within 90 days of the official submission date. Such hearing
shall be advertised as provided for a hearing on a preliminary site
plan.
(7)
Decision. Within 45 days from the close of the public
hearing, the Board having the authority to approve the special use
permit shall render its decision. Such decision shall be subject to
the same prerequisites as those for site plan approval, except for
the approval with modifications. In addition, a decision to approve
shall require a written statement of findings that all standards applicable
to the special use have been met. The reasons for any conditions or
safeguards to be attached to such approval shall be included in such
findings. The Planning Board shall render its decision on the preliminary
site plan within 45 days of the Town Board's or its own decision on
a special use permit. Such decision shall take into account the manner
in which the approved special use permit and any conditions or safeguards
attached thereto have been reflected in the site plan.
B.
General standards for all special uses.
(1)
A special use shall not hinder the orderly, economic
and harmonious development of the surrounding district nor impair
the value of property therein by reason of its traffic generation,
access location, internal circulation, location and size of structures
or outdoor uses, intensity or scale of activities in relation to the
size of the site, safety for pedestrians, drainage, solid or sanitary
waste disposal, water supply needs, effect on water or air quality,
demand for public services, effect on historic or archaeological features
or aesthetic treatment.
(2)
A special use shall be compatible with the character
of the surrounding district and shall not have significant deleterious
effects on the natural, social or economic resources of such district
by reason of noise, odors, fumes, smoke, dust, hazardous or volatile
substances, vibrations, glare, traffic congestion, unsightliness,
litter, alteration of drainage patterns or stream flows, excessive
stripping of vegetation, blasting, radio or television reception interference,
or other activities detrimental to neighborhood character or protection
of natural resources.
(3)
A special use shall be subject to compliance with
applicable federal, state and local regulations, including all permits
and/or approvals required thereby. Evidence of such compliance may
be required either prior to the special use permit approval or as
a condition thereof, depending upon the particular special use.
C.
Standards for particular special uses.
(1)
Adult entertainment establishments.
(a)
Location.. Adult entertainment establishments
are permitted as special uses in Hamlet (H) Districts only. No such
use shall be located within 500 feet of any existing residential dwelling
on adjacent property or within 1,000 feet of any institutional use,
community facility, property on which a substantial number of minors
regularly travel or congregate or other adult entertainment establishment.
(b)
Buffers. The area requirements of the given
district shall be increased to provide the following buffers:
(c)
Other conditions. All doors, windows and other
building entries or openings shall be located, covered or screened
to prevent a view from the exterior of an establishment into its interior.
(2)
Agribusinesses.
(a)
Location. Agribusinesses are permitted as special
uses in Agricultural and Residential-1 (AR-1), Agricultural and Residential-2
(AR-2), Agricultural and Residential-3 (AR-3), Residential Neighborhoods
(RN) and Hamlet (H) Districts.
(b)
Buffers. The area requirements of the given
district shall be increased to provide the following buffers:
(c)
Other conditions. The outside accessory storage
of fertilizers, insecticides, herbicides, propane or other fuel and
any other chemical products for agricultural uses shall be allowed
only where environmental safeguards and aesthetic considerations are
deemed suitable.
(3)
Agricultural processing plants.
(a)
Location. Agricultural processing plants are
permitted as special uses in Agricultural and Residential-3 (AR-3)
Districts only.
(b)
Buffers. The area requirements of the given
district shall be increased to provide the following buffers:
(c)
Other conditions. Processing operations and
disposal of waste products therefrom shall be conducted in a sanitary
and environmentally safe manner.
(4)
Airstrips.
(a)
Location. Airstrips are permitted as special
uses in Agricultural and Residential-1 (AR-1), Agricultural and Residential-2
(AR-2) and Agricultural and Residential-3 (AR-3) Districts. No such
use shall be located within a documented flight path, feeding area
or resting area of migratory waterfowl.
(c)
Other conditions. The area for the airstrip
shall have adequate size, appropriate configuration and proper visibility
to be used for in accordance with all Federal Aviation Administration
(FAA) standards applicable thereto.
(5)
Animal care facilities.
(a)
Location. Animal care facilities are permitted
as special uses in Agricultural and Residential-1 (AR-1), Agricultural
and Residential-2 (AR-2), Agricultural and Residential-3 (AR-3) and
Hamlet (H) Districts. No animal care facility shall be located with
outdoor kennels or dog runs within 500 feet of any external property
line or road right-of-way.
(b)
Buffers. The area requirements of the given
district shall be increased to provide the following buffers:
(c)
Other conditions. All animal and medical wastes
shall be disposed of in a sanitary and environmentally safe manner.
(6)
Boat storage facilities.
(a)
Location. Boat storage facilities are permitted
as special uses in Agricultural and Residential-1 (AR-1), Agricultural
and Residential-2 (AR-2), Agricultural and Residential-3 (AR-3), Residential
Shoreline (RS) and Residential Shoreline-2 (RS-2) Districts. No boat
storage facility shall be located within 1,000 feet of another such
facility.
[Amended 3-5-1997 by L.L. No. 2-1997]
(b)
Buffers. The area requirements of the given
district shall be increased to provide the following buffers:
(7)
(8)
Campgrounds.
(a)
Location. Campgrounds are permitted as special
uses in Agricultural and Residential-2 (AR-2), Agricultural and Residential-3
(AR-3) and Residential Neighborhoods (RN) Districts.
(b)
Buffers. The area requirements of the given
district shall be increased to provide the following buffers:
(c)
Access and circulation. Each campground shall
have adequate access to a paved, dedicated public highway. All entrance
roads shall be suitably improved with gravel or crushed stone and
at least 24 feet wide. Each campsite, other than those specifically
intended for remote or walk-in tent camping, shall be serviced from
interior roadways having a width of at least 15 feet, suitably improved
and providing clear access to the campsite. Where the campground terrain
allows, pull-through sites shall be provided. The campground owner
shall be responsible for maintaining all internal roads, driveways
and parking areas.
(d)
Campsites. Each campsite shall have an area
of at least 2,500 square feet. All campsites shall be generally level
(not to exceed an eight-percent slope), well-drained, free from flood
hazard and clear of dense brush. Each campsite shall be identified
with a site number marker and provided with means of identifying the
limits of the site.
(e)
Services. Adequate sewer, water and other utilities
shall be provided in accordance with applicable state and local regulations.
All campgrounds shall provide rest rooms containing at least one toilet,
lavatory and shower for each sex for each 10 campsites. At least one
public telephone shall be provided in the campground. Refuse shall
be disposed of in a sanitary and environmentally safe manner. There
shall be no exposed garbage, junk or other wastes. One refuse container
shall be provided for each two campsites.
(f)
Recreation area. At least 15% of the total area
of the campground, not including required setbacks, shall be dedicated
as a recreation area, suitably improved and fully maintained as such
by the campground owner.
(g)
Records. The owner or manager of a campground
shall maintain an office in the immediate vicinity of such campground
and shall maintain accurate records of the names and home addresses
of the campground visitors and the make, description and license number
of their motor vehicles, travel trailers and other recreational vehicles.
These records shall be available to the Town Zoning Officer and any
other law enforcement official.
(h)
Other conditions. Mobile homes shall not be
allowed in any campground.
(9)
Commercial hog, fowl, fish or fur farms.
(a)
Location. Commercial hog, fowl, fish or fur
farms are permitted as special uses in Agricultural and Residential-1
(AR-1), Agricultural and Residential-2 (AR-2) and Agricultural and
Residential-3 (AR-3) Districts.
(b)
Buffers. The area requirements of the given
district shall be increased to provide the following buffers:
(c)
Other conditions. All buildings, structures,
impoundments and other areas used or intended to be used to shelter,
pen, cage, contain, breed, feed or otherwise raise hogs, fowl, fish
or valuable furbearers for commercial purpose shall be designed, constructed
and maintained to prevent escape. The raising of furbearers shall
be limited to those species allowed by applicable federal and state
regulations. The use shall be conducted in a manner which will prevent
disease, infestation or other threats to public health or safety.
All excrement or other animal, fowl or fish wastes shall be stored,
treated to minimize odors and disposed of in a healthful and environmentally
safe manner.
(10)
Construction equipment storage yards.
(a)
Location. Construction equipment storage yards
are permitted as special uses in Agricultural and Residential-3 (AR-3)
Districts only.
(b)
Buffers. The area requirements of the given
district shall be increased to provide the following buffers:
(c)
Other conditions. Security fencing, if installed,
shall not exceed eight feet in height, or four feet if located closer
than 40 feet to the road right-of-way. The operation of construction
equipment shall be limited to the period from 6:30 a.m. to 9:30 p.m.
(11)
Dealerships for new or used motor vehicles,
mobile homes, boats or farm machinery or equipment.
(a)
Location. Dealerships for new or used motor
vehicles, mobile homes, boats or farm machinery or equipment are permitted
as special uses in Agricultural and Residential-3 (AR-3) and Hamlet
(H) Districts.
(b)
Buffers. The area requirements of the given
district shall be increased to provide the following buffers:
(c)
Other conditions. The outdoor storage or display of trailers, motor homes, mobile homes or other manufactured homes shall comply with the district setback requirements. Except when used for farm machinery or equipment, outdoor storage or display areas shall be provided with an all-weather surface, such as crusher run, gravel or other suitable material, compacted to a depth adequate to minimize settling, ruts or other problems regarding movement of the items stored or displayed. The outside storage of parts, scrap or items unsuitable for sale shall be prohibited. The repair of motor vehicles or other items stored or displayed may be conducted as an accessory use, provided that such repair meets the standards under Subsection C(13) below.
(12)
Fuel storage/supply depots.
(a)
Location. Fuel storage/supply depots are permitted
as special uses in Agricultural and Residential-3 (AR-3) Districts
only.
(b)
Buffers. The area requirements of the given
district shall be increased to provide the following buffers:
(c)
Other conditions. The location, layout, safety
devices or measures and operation of a fuel supply facilities shall
comply with all applicable standards of the Fire Prevention Code of
the National Board of Fire Underwriters.
(13)
Gasoline stations, motor vehicle repair shops
or car washes.
(a)
Location. Gasoline stations, motor vehicle repair
shops or car washes are permitted as a special use in the Hamlet (H)
District only.
(b)
Buffers. The area requirements of the given
district shall be increased to provide the following buffers:
(c)
Other conditions. The proposed location of a
car wash must be demonstrated to have an adequate water supply for
the demand of such use, without significant depletion of the supply
for existing uses or future uses permitted in the surrounding area.
All fuel storage tanks shall be buried and located at least 50 feet
from the right-of-way and any other external property line. All fuel
pumps shall be located at least 50 feet from any external side or
rear property line and at least 40 feet from the road right-of-way.
No outdoor repair work shall be permitted within a required front,
side or rear buffer. Any vehicles remaining on the premises for more
than 48 hours while awaiting repair shall be stored within a building
or parked in an area suitably screened from view from the road right-of-way
and any adjoining residential properties.
(14)
Hotels or motels.
(a)
Location. A hotel or motel is permitted as a
special use in the Hamlet (H) District only.
(b)
Buffers. The area requirements of the given
district shall be increased to provide the following buffers:
(c)
Other conditions. No individual hotel or motel sleeping unit shall have a floor area of less than 150 square feet, exclusive of bathroom facilities. Any swimming pool, playground equipment or other recreation facilities accessory to the hotel or motel shall comply with the buffer requirements set forth under Subsection C(14)(b) above and shall be enclosed with safety fencing.
(15)
(16)
Junkyards. Junkyards are permitted as special
uses in the Agricultural and Residential (AR-3) District only. When
the Town Board approves a license to operate a junkyard pursuant to
the Town of Brownville Ordinance Regulating Dumps and Junkyards,[1] such approval shall satisfy the special use permit approval
required under this chapter. Buffers and other conditions shall be
as determined through the license approval procedures.
(17)
Limited businesses.
(a)
Location. Limited businesses are permitted as
special uses in all districts. A limited business shall only be located
on property with an existing residential or agricultural use.
(b)
Buffers. The area requirements of the given
district shall be increased to provide the following buffers:
(c)
Floor area limitation. Maximum gross floor area
for a limited business shall not exceed the following:
(d)
Approvable types of limited businesses.
[1]
Antique shops or handicraft shops.
[2]
Barbershops (limited to two barbers).
[3]
Beauty salons (limited to two beauticians).
[4]
Group instruction classes (limited to eight
persons per class and three classes per week).
[5]
Bed-and-breakfasts (limited to five bedrooms).
[6]
Doctor's or dentist's offices (limited to two
examination rooms).
[7]
Offices of a certified public accountant.
[8]
Real estate sales offices.
[9]
Machine shops (limited to operation between
7:00 a.m. and 9:00 p.m.).
[10]
Welding shops (limited to operation
as provided for machine shops).
(e)
Other conditions. A limited business shall be
subject to the following additional limitations:
(18)
Manufacturing or assembly plants.
(a)
Location. Manufacturing or assembly plants are
permitted as special uses in the Agricultural and Residential-3 (AR-3)
District only. No manufacturing or assembly plant shall be located
within 1,000 feet of any existing institutional use, community facility
or other place of public assembly.
(b)
Buffers. The area requirements of the given
district shall be increased to provide the following buffers:
(c)
Other conditions. Security fencing with a maximum
height of eight feet may be installed within the side and rear setbacks.
Within the front setback, such fencing shall be limited to four feet
in height or three feet for visibility at an intersection. Adequate
provisions for control of noise, smoke, odors, fumes, dust, vibrations
and glare shall be required. A manufacturing or assembly plant shall
comply with all local, state and federal regulations as may be applicable
to sewage treatment, water supply, pollution control, fire prevention
and safety.
(19)
Marinas.
(a)
Location. Marinas are permitted as special uses
in the Residential Shoreline (RS) District only.
(b)
Buffers. The area requirements of the given
district shall be increased to provide the following buffers:
(c)
Other conditions. All docks shall be located
at least 25 feet from the lines formed by extending the side property
lines into the water. Pump-out facilities for marine holding tanks,
fuel tanks and fuel pumps shall be located at least 75 feet from any
adjacent residential property line and at least 50 feet from any other
external property lines. Fuel tanks shall be buried.
(20)
Mobile home parks.
(a)
Location. Mobile home parks are permitted as
special uses in Agricultural and Residential-2 (AR-2), Agricultural
and Residential-3 (AR-3), Residential Neighborhood (RN) and Hamlet
(H) Districts.
(b)
Buffers. The area requirements of the given
district shall be increased to provide the following buffers:
(c)
Site conditions. A proposed mobile home park
site shall have level to gently rolling topography over an area of
sufficient size to allow development of the park, in compliance with
all of the standards and supplementary regulations applicable thereto,
without significant alteration or disturbance of natural features,
such as stands of mature trees, stream courses, wetlands or bedrock
outcroppings. Such mobile home park site shall be essentially free
from adverse, unsafe or unhealthful conditions, including, but not
limited to, flooding, ponding, soils with poor load-bearing capacity
or high instability, breeding areas for insects or rodents, smoke,
noise, odors, glare or toxic or volatile substances.
(d)
Access. Each mobile home park shall provide
means of safe legal access from one or more public roads as follows:
[1]
Each access road shall meet the public road
at right angles, with compatible grades and safe line-of-sight distances.
[2]
Each entrance shall be located at least 150
feet from any public road intersection (except when directly opposite
from a T-intersection) and at least 150 feet from any other such entrance.
[3]
At least one common entrance and access road
shall be provided to serve the mobile home park.
[4]
At least two independent entrances and access
roads shall be provided to serve a mobile home park having 20 or more
mobile home lots.
(e)
Internal roads. Internal roads shall be designed,
constructed and maintained so that each mobile home lot shall be provided
with safe and convenient means of year-round vehicular circulation
at a speed up to, but not exceeding, 15 miles per hour. All internal
roads shall meet the following standards:
[1]
A uniform gridiron road pattern shall be avoided
whenever possible. Curvilinear roads, culs-de-sac and other arrangements
for clustering, open space and aesthetic treatment shall be favored.
[2]
Culs-de-sac with an outside radius of at least
90 feet shall be used for dead-end roads.
[3]
Each road shall be centered within a right-of-way
or reservation of at least 50 feet.
[4]
A twenty-four-foot wide road base of crusher
run or comparable stone shall be installed and compacted to a thickness
of at least 12 inches.
[5]
The center 18 feet of the road base shall be
paved to a thickness of at least two inches.
[6]
All internal roads shall be owned and maintained
by the owner of the mobile home park.
(f)
Mobile home lot size. Each mobile home park
shall be divided into mobile home lots which satisfy, exclusive of
internal roads and open space or common areas, the following standards:
|
Lot Specification
|
Requirement
| |
|---|---|---|
|
Minimum area
|
10,000 square feet1
| |
|
Minimum width
|
100 feet1
| |
|
Minimum depth
|
100 feet1
|
|
NOTES:
| |
|---|---|
|
1In cases of mobile
home parks proposing 10 or more mobile home lots, exceptions may be
granted for clustering or other innovative designs to increase open
space, expand recreation facilities or protect natural resources.
However, such exception shall not allow any mobile home lot with an
area of less than 7,500 square feet or a width of less than 75 feet.
In no event shall such an exception provide for a greater overall
density than would have been allowed under a conventional gridiron
pattern.
|
(g)
Mobile home setbacks and spacing. Each mobile
home, including any expansion, extension or other addition thereto
and any detached accessory structures therefor, shall be subject to
the following standards:
[1]
Minimum setback of 20 feet from the front or
corner lot lines (edge of the internal road right-of-way or reservation
serving the lot).
[2]
Minimum of 10 feet from side or rear lot lines.
[3]
Minimum spacing of 30 feet between a mobile
home and any other mobile home or accessory structure of the mobile
home park.
(i)
Other setback requirements. No internal roadway,
parking lot, recreation area or storage facility for fuels, supplies
or equipment or other common facilities for the mobile home park shall
be located within 75 feet of any external property line of the mobile
home park.
(j)
Parking. Each mobile home lot shall be provided
with parking spaces as required for a one-family dwelling. Such parking
spaces shall be constructed of crushed stone compacted to a thickness
of eight inches or two inches of pavement over crushed stone compacted
to a thickness of four inches.
(k)
Recreation areas and open space. A variety of
centrally located, readily accessible and easily used open spaces
shall be provided in all mobile home parks. Such open space shall
have a total area equal to at least 15% of the gross land area of
the park and shall be maintained by the park owner. Part or all of
such open space may be required for the development of recreation
areas or facilities.
(l)
Walkways. A four-foot-wide hard-surfaced pedestrian
walkway may be required along and at least five feet from each access
road from the entrance at the public road to either the first mobile
home lot or such other locations in the mobile home park as the Planning
Board may require for pedestrian safety.
(m)
Water supply. An adequate supply of potable
water shall be provided for all mobile homes and service buildings,
subject to approval of the authority having jurisdiction therefor.
(n)
Sewage. An approved sewage system shall be provided
to convey, dispose and treat sewage from all of the mobile homes,
service buildings and other facilities capable of generating sewage.
Such system shall be designed, constructed and maintained in compliance
with all applicable state and local regulations.[2]
(o)
Garbage and refuse. Each mobile home lot shall
be supplied with at least two garbage containers made of a durable
material, having a capacity of at least 20 gallons and provided with
tightly fitting covers. All such containers shall be kept in a sanitary
condition at all times. It shall be the responsibility of the park
owner to ensure that garbage and rubbish is collected and properly
disposed of at an approved refuse disposal facility. Exterior mobile
park areas shall be maintained free from organic and inorganic material
that might pose a health, accident or fire hazard or constitute an
unsightly condition.[3]
(p)
Fuel supply and storage. All fuel supply systems
provided for mobile homes, service buildings and other structures
shall be installed and maintained in compliance with applicable state
regulations and the following specific requirements:
[1]
Individual fuel storage tanks. Any individual
storage tank for fuel oil or liquefied petroleum gas shall be placed
at the rear of a mobile home at least five feet from any of its exits.
Such tank shall have an accessible outside shut off, well supported
and protected piping and, if installed above the ground, noncombustible
supports. Burying of fuel oil storage tanks shall be favored. Liquefied
petroleum gas tanks shall have a capacity of at least 100 pounds.
[2]
Central fuel supply systems. Piped fuel supplied
through a central distribution system shall be favored. When used,
such system shall be installed and maintained according to accepted
engineering practices. It shall have safety devices to relieve excessive
pressures and shall be protected from accidental damage. Each mobile
home lot provided with piped natural gas shall have an approved shutoff
valve and cap to prevent accidental gas release.
[3]
Proof shall be required from the utility company
supplying the natural gas that necessary easements for and proper
connection to their gas supply system have been or will be provided.
(q)
Electrical service.
[1]
Every mobile home park shall contain an electrical
system installed and maintained according to requirements and specifications
of the local electric power company. All wiring fixtures shall have
the approval of the New York Board of Fire Underwriters.
[2]
All electrical distribution lines shall be buried.
Adequate lighting shall be provided to illuminate internal roads and
walkways for the safe movement of vehicles and pedestrians at night.
A minimum illumination of 0.3 footcandles shall be provided.
[3]
Each mobile home stand shall be supplied with
an electrical service of at least 100 amperes.
(r)
Telephone service. When telephone service is
provided to the mobile lots, the distribution lines shall be buried.
(s)
Service buildings. Any service building provided
to house sanitation facilities, laundromats or maintenance equipment
shall be well lighted, properly maintained and kept free of any condition
that would constitute a nuisance or pose a threat to public health
or safety.
(t)
Fire protection and control. Every mobile home
park shall be equipped at all times with fire extinguishing equipment
kept in good working order. Said equipment shall be of such type,
size and number and so located within the mobile home park as to satisfy
applicable specifications of the fire district in which the park is
situated.
(21)
Outdoor recreation facilities.
(a)
Location. Outdoor recreation facilities are
permitted as special uses in all districts.
(b)
Buffers. The given district's area requirements
shall be increased to provide the following buffers.
(c)
Conditions for certain facilities.
[1]
Golf course, driving range or miniature golf.
Any restaurant or bar accessory to a golf course shall comply with
the parking requirements and special use standards applicable thereto.
[2]
Outdoor drive-in or open air theaters. The screen,
stage or other area for actors or players shall be located at least
150 feet from any road right-of-way and oriented such to prevent motorist
views of movies or performances.
[3]
Exhibition facilities, field sport facilities,
hobby club or water sports facilities. Specific types of activities,
capacity for participants and spectators and hours of operation shall
be considered in determining the compatibility of the facility with
the surrounding neighborhood.
[4]
Any outdoor recreation facility involving the
public assembly of 500 or more persons shall be treated as a special
events facility, subject to the standards and conditions provided
therefor.
(d)
Other conditions (all facilities).
[1]
The facility shall be designed and intended
for use by less than 500 persons at any given time.
[2]
Access drives shall be adequate to accommodate
vehicles queued for admission without traffic backup into the road
right-of-way.
[3]
Sanitary facilities, sewage disposal and water
supply shall be adequate and in compliance with applicable state and
local regulations.
(22)
Restaurant, bar, nightclub or related establishments.
(a)
Location. A restaurant, bar, nightclub or related
establishment is permitted in a Hamlet (H) District or as a special
tourist facility in an Agricultural and Residential-3 (AR-3) District.
(b)
Buffers. The given district's area requirements
shall be increased to provide the following buffers.
(c)
Other conditions. Suitable outdoor trash containers
shall be required if any fast-food, takeout or outside, self-service
eating is involved. Hours of operation shall be considered regarding
potential impacts of noise, traffic, litter, smoke and/or odors on
the surrounding neighborhood.
(23)
Shopping centers.
(a)
Location. Shopping centers are permitted as
special uses in the Hamlet (H) District only.
(b)
Buffers. The given district's area requirements
shall be increased to provide the following buffers:
(c)
Other conditions. All driveways and parking
areas shall be paved and marked with striping to delineate traffic
controls and individual parking spaces.
(24)
Slaughterhouses.
(a)
Location. Slaughterhouses are permitted as special
uses in the Agricultural and Residential (AR-3) District only. The
use shall not be located within 500 feet of any existing institutional
use, community facility or other place of public assembly.
(b)
Buffers. The given district's area requirements
shall be increased to provide the following buffers:
(c)
Other conditions. No slaughtering activity shall
be conducted outdoors. Feed lots associated with a slaughterhouse
shall be located at least 250 feet from any stream course, water body
or freshwater wetland. Adequate measures for treatment of odors and
flies or other infestation shall be required.
(25)
Soil or mineral extraction uses.
(a)
Location. Soil or mineral extraction uses are
permitted as special uses in the Agricultural and Residential-3 (AR-3)
District only. No soil or mineral extraction use shall be located
within 500 feet of an existing institutional use, community facility
or other place of public assembly.
(b)
Buffers. The given district's area requirements
shall be increased to provide the following buffers:
(c)
Other conditions.
[1]
No blasting shall be undertaken, except by a
licensed and insured blaster. The Town Board shall set appropriate
conditions for blasting with respect to noise, dust, vibrations, shock
and/or other impacts.
[2]
Excavation below grade level shall comply with
the following provisions:
[a]
Excavation walls shall have a slope
appropriate for the material involved. Shoring may be required for
excavations deeper than six feet to prevent slumping or collapse.
[b]
Plans shall be required to identify
restoration or reclamation treatment of the site. If a mining and
reclamation plan is required by the New York State Department of Environmental
Conservation, such plan shall also be submitted for review by the
Planning Board.
[c]
Fencing and/or barricades may be
required to prevent unauthorized entry and to ensure public safety.
[d]
Means of controlling the airborne
or waterborne spread of dust or particles shall be required to prevent
environmental hazard or nuisance to surrounding landowners.
(26)
Special events facilities.
(a)
Location. Special event facilities are permitted
as special uses in the Agricultural and Residential-3 (AR-3) District
only. No special events facility shall be located within 500 feet
of an existing institutional use, community facility or other place
of public assembly.
(b)
Buffers. The given district's area requirements
shall be increased to provide the following buffers:
(c)
Other conditions.
[1]
Arenas, racetracks, rock concert sites, rodeos,
sports stadiums and other recreation facilities designed or intended
for use by 500 or more persons shall have at least two access driveways
from one or more principal highways.
[2]
Shooting sports facilities shall provide for
all target shooting or the firearms discharges to be directed away
from the road right-of-way and any adjacent developed lots. Construction
of a berm, barrier or other target backdrop shall be required, except
where the lot's natural terrain or vegetation is adequate to prevent
bullets or slugs carrying beyond the immediate vicinity of the facility.
Measures to prevent unauthorized entry to the target area shall be
required.
(27)
Special tourist facilities.
(a)
Location. Special tourist facilities are permitted
as special uses in the Agricultural and Residential-3 (AR-3) Districts
along New York Route 12 or 12E within the first 300 feet from the
right-of-way.
(b)
Buffers. The given district's area requirements
shall be increased to provide the following buffers:
(c)
Other conditions.
[1]
The conditions for special tourist facility
consisting of a single gasoline station, hotel, motel, restaurant,
bar, nightclub or related establishment shall be as separately listed
for such special use under this section.
[2]
Where the facilities will consist of two or
more different uses, the Town Board shall determine the appropriate
conditions, upon recommendation from the Planning Board.
(28)
Trucking terminals.
(a)
Location. Trucking terminals are permitted as
special uses in the Agricultural and Residential-3 (AR-3) District
only. No trucking terminal shall be located within 500 feet of an
existing institutional use, community facility or other place of public
assembly.
(b)
Buffers. The given district's area requirements
shall be increased to provide the following buffers:
(c)
Other conditions. Fuel storage tanks shall be
buried. Installation, maintenance and use of such tanks shall comply
with all applicable state and local regulations.
(29)
Warehouse facilities.
(a)
Location. Warehouse facilities are permitted
as special uses in Hamlet (H) and Agricultural and Residential-3 (AR-3)
Districts only.
(b)
Buffers. The given district's area requirements
shall be increased to provide the following buffers.
(c)
Other conditions. The storage of flammable liquids,
solvents, fuels or noxious chemicals shall be prohibited. Hours of
operation, type of products stored, fire prevention measures and security
requirements may be considered with respect to the compatibility of
a proposed warehouse facility with the surrounding neighborhood.
