[Added 5-16-1988 by L.L. No. 2-1988]
In the event that the Board of Appeals finds
that there are any violation(s) of the general intent for which the
special use permit was issued or any violation(s) of the requirements
of this chapter or other applicable provisions of law, the Board of
Appeals may, in addition to any other penalty provided by law, revoke
the special use permit at any time; provided, however, that the following
conditions are met:
A. The Board of Appeals has provided a written notice
to the permit holder of the specific nature of the violation(s) and
a specific time limit, of not less than 30 days, during which time
the permit holder may cure or remedy the violation(s).
B. The Board of Appeals has provided the permit holder
with an opportunity to meet with and address the Board of Appeals
within 15 days of the date of the above-cited written notice.
[Amended 5-16-1988 by L.L. No. 2-1988; 2-2-2004 by L.L. No.
1-2004]
A. Title. This section shall be known as the "Individual
Manufactured Home Regulations of The Town of Phelps."
B. Purpose. To ensure that individual manufactured homes
within the Town of Phelps are occupied in a manner that is consistent
with conventional built homes in order to preserve the character,
appearance, desirability and value of property in this community.
C. Permit required. It shall be unlawful for any person
to use a manufactured home as habitation or dwelling without first
having secured a building permit and certificate of occupancy from
the Code Enforcement Office of the Town of Phelps.
D. Definitions. As used in this section, the following
terms shall have the meanings indicated:
EXISTING USES
A use lawfully in existence at the time this section becomes
effective, including manufactured homes.
E. Regulation of individual manufactured homes outside
a manufactured home park.
(1) Application for a permit. Application shall be made to the Code Enforcement Officer, in writing, for a building permit. The application forms will be provided by the Town and shall be submitted with the fee as required by Chapter
A157, Fees. Application must be accompanied by a plot plan drawn near to scale showing the proposed location on the lot (with measured setbacks from all lot lines) of the manufactured home; driveway; parking; well and septic system, if required; proposed landscaping and any other proposed structures or facilities. The site plan must be reviewed and approved by the Planning Board.
(2) The following regulations shall apply to building
permits for individual manufactured homes.
(a)
Permitted districts: Manufactured homes having
a pitched main roof with roofing shingles or tiles and shingled or
clapboard siding, attached by anchoring devices to a continuous perimeter
masonry or concrete foundation, will be considered the same as a conventional
built home and are permitted in all zoning districts. All site work
must meet the Town of Phelps codes in the same manner as a conventional
built home. Tow bars and hitches shall be removed upon installation.
Conformance is to be determined by the Code Enforcement Office of
the Town of Phelps.
(b)
Certification: A manufactured home shall bear
a label certifying that it was built in compliance with the Federal
Manufactured Housing Construction and Safety Standards and must comply
with the New York State Uniform Fire Prevention and Building Codes.
(c)
Lot requirements: A manufactured home must comply
with the minimum lot size, minimum yard dimensions, maximum height
of buildings and maximum building coverage of lot, as set forth in
the Town of Phelps Schedule of Regulations.
(d)
Attached enclosures:
[1]
Manufactured homes may have attached enclosures,
provided that such enclosures do not exceed 25% of the floor area
of the manufactured home. An enclosed attached garage or open carport
shall not be counted against the floor area limitation of 25%.
[2]
Attached structures shall require a building
permit and may be submitted as part of the original application or
may be submitted as a separate application at a later date.
(e)
Foundations: to be prepared in accordance with
the New York State Residential Building Codes.
(f)
Accessory uses: One accessory detached and enclosed
building shall be permitted on the same lot with a manufactured home.
The accessory building shall not exceed the gross floor area of the
manufactured home, except where the total lot area is substantially
above the minimum required, in which case the Board of Appeals may
approve a larger accessory building. "Substantial," for the purpose
of this subsection, shall mean a lot area of 1 1/2 times the
minimum lot area.
(g)
Certificate of occupancy: After all requirements
of this chapter have been met, a certificate of occupancy must be
received prior to occupancy of the manufactured home for use as a
residential dwelling.
(h)
Replacement: Should the individual having a
manufactured home certificate of occupancy replace the manufactured
home for which the original building permit was obtained, he/she shall
notify the Code Enforcement Officer or Town Board of such change and
obtain a new building permit prior to the actual replacement of the
existing manufactured home. A new certificate of occupancy will have
to be issued prior to occupying the new home.
(i)
Nonwaiver: The issuance of a building permit
and/or a certificate of occupancy pursuant to the provisions of this
chapter shall not be deemed to waive compliance by the holder thereof
or by the property owner or by the occupant of said manufactured home
with any statute of the State of New York and the Municipal Code or
health regulations of the Town of Phelps.
(j)
Variances: The Board of Appeals may grant a
variance from any of the regulations of this section.
(k)
Time limit for completion: A certificate of
occupancy for an individual manufactured home must be obtained from
the Code Enforcement Officer within six months from the date of approval
for the building permit. Failure by the applicant to obtain the certificate
of occupancy will, without any further notice, make the building permit
null and void. A new permit must be applied for.
F. Placement of a manufactured home for a family hardship.
(1) Purpose: To provide a means whereby a single-wide
manufactured home can be placed on the same lot as a principal residence
due to a family member being unable to live alone without daily oversight.
(2) Permit required: It shall be unlawful to place a manufactured home per Subsection
F(1) above without first securing a special use permit from the Code Enforcement Officer of the Town of Phelps.
(3) Definitions: As used in this section, the following
terms shall have the meanings indicated:
FAMILY HARDSHIP
An immediate family member whose condition does not allow
him/her to live alone without daily oversight.
IMMEDIATE FAMILY MEMBER
A grandmother. grandfather, father, mother, brother, sister,
son, daughter or spouse of the owner of the principal residence.
SINGLE-WIDE
Not wider than 14 feet and delivered in one piece.
(4) Regulations for family hardship:
(a)
Application for special use permit. Application shall be made to the Code Enforcement Officer, in writing, for a permit. The application forms will be provided by the Town and shall be submitted with the fee required by Chapter
A157, Fees. Applications must be accompanied by a plot plan drawn near to scale showing the proposed location on the lot of the manufactured home; driveway; parking; well and septic system, if required; proposed landscaping and any other proposed structures or facilities.
(b)
The following regulations shall apply to special
use permits for family hardships. A special use permit may be issued
in all zoning districts of the Town of Phelps for a single-wide manufactured
home placed on a lot for a family hardship, provided:
[1]
The home and its placement conform to all regulations
pertaining to manufactured homes.
[2]
The manufactured home must bear a label certifying
that it was built in compliance with the Federal Manufactured Housing
Construction and Safety Standards and must comply with New York State
Uniform Fire Prevention and Building Codes.
[3]
A qualified medical doctor's letter is submitted
certifying the immediate family member's condition and the expected
duration of condition. A new letter must be submitted if the condition
lasts longer than expected.
(c)
Removal of home: The home must be removed from
the lot within 60 days when:
[1]
The immediate family member improves to where
he/she can resume living without daily intervention.
[2]
The immediate family member passes away.
G. Temporary permit for a manufactured home.
(1) A temporary permit for a period of time stated may be issued by the Code Enforcement Officer without a building permit and without compliance with the requirements of §
145-13 for the following cases:
(a)
An unoccupied manufactured home, that has been
replaced by an upgrade or a conventional built home, may be temporarily
parked for a period of three months, enabling the owner to sell or
otherwise dispose of same.
(b)
A manufactured home may be parked temporarily
for use as an office or storage facility to accommodate a construction
project for the term of the construction project but not to exceed
12 months.
(c)
A manufactured home, if occupied or intended
to be occupied pending construction, as herein defined, may be parked
temporarily on a lot by the occupant of the manufactured home pending
the construction of the permanent dwelling for such owner on said
lot, provided that the owner has first obtained a building permit
for such construction. Such parking shall not continue for a period
in excess of 12 months and shall cease when the permanent dwelling
under construction is completed. The Code Enforcement Officer may
extend time for completion for an additional period not to exceed
12 months.
(2) Existing nonconforming use. The owner of an existing
individual manufactured home located outside of an existing mobile
home park, as of the date of enactment of this section may replace
that unit, provided that:
(a)
The replacement unit is equal to or greater in floor area than the unit being replaced and conforms with the requirements of §
145-13.
(b)
The unit being replaced has not been vacant
for the period of the previous 12 months.
(c)
The unit being replaced is removed from the
lot within three months from the date the replacement unit is occupied.
(d)
The replacement unit will comply with all other requirements of §
145-13 including application for approval of a building permit; provided, however, that the building permit will not be denied for the following reasons:
[1]
The right to replace an existing manufactured
home, as provided above, will not apply in any case where the existing
use has been approved by a temporary or special use permit which is
conditional, in that it limits the use to a specified duration or
hardship. When the condition(s) specified have ceased to exist, the
manufactured home will be removed from the lot, as herein required.
[Amended 10-3-1994 by L.L. No. 2-1994]
A. Permit required. It shall be unlawful for any person,
firm or corporation to establish or maintain a manufactured home park
within the Town of Phelps without first having secured a special use
permit as is required under the provisions of this chapter.
[Amended 12-8-1998 by L.L. No. 7-1998]
B. Title and purpose. This section shall be known as
the "Manufactured Home Park Regulations of the Town of Phelps" and
shall be for the purpose of promoting the public health, safety and
welfare of the inhabitants of the Town of Phelps.
[Amended 12-8-1998 by L.L. No. 7-1998]
C. Definitions. As used in this section, the following
terms shall have the meanings indicated:
HOME COURT LICENSE
A certificate authorizing maintenance and operation of a
manufactured home park.
[Amended 12-8-1998 by L.L. No. 7-1998]
PERMIT
A written permit issued by the Board of Appeals permitting
the construction, alteration and extension of a manufactured home
park under the provisions of this chapter and regulations issued hereunder.
[Amended 12-8-1998 by L.L. No. 7-1998]
D. Application procedures for special use permit. Application
shall be made for a special use permit for a manufactured home park
pursuant to procedures and requirements under this chapter. Supplementary
provisions hereinafter set forth shall be considered as minimum requirements
by the Board of Appeals on any application.
[Amended 12-8-1998 by L.L. No. 7-1998]
(1) An application for a special use must be obtained from and filed with the Code Enforcement Officer of the Town of Phelps. A filing fee based upon the schedule of fees in Chapter
A157, Fees, to be nonrefundable, will be retained by the Code Enforcement Officer.
(2) The application must contain a legal description of
property on which the proposed park will be located.
(3) A sketch map must be enclosed with said application
and must contain:
(a)
General sketch plan of the proposed park, including
the number of lots, lot size locations, recreation areas, accessory
buildings and service buildings; and also showing on sketch plan.
(b)
Abutting property owners and present use of
this property.
(c)
Proposed access and egress routes.
(d)
Present and proposed sewer, water and other
utility lines.
(e)
Any unusual special land features, such as streams,
creeks, areas subject to flooding and areas of steep slopes in excess
of 15°.
(4) Said application, when completed and filed and the
fee deposited with Code Enforcement Officer, will be forwarded to
the Planning Board for review within 10 days before or at next regularly
scheduled Planning Board meeting.
E. Planning Board action. The Planning Board, having received said application, will study the application and make recommendations thereto to the Board of Appeals in accordance with §
145-54.
F. Site requirements.
(1) Minimum site: five acres.
(2) Size of lots and yards. Every lot shall meet the following
minimum requirements:
(a)
Lot area per manufactured home: minimum 6,000
square feet.
[Amended 12-8-1998 by L.L. No. 7-1998]
(b)
Front yard setback depth from manufactured home
development street: 20 feet.
[Amended 12-8-1998 by L.L. No. 7-1998]
(c)
Front yard setback depth from manufactured home
development right-of-way: five feet.
[Amended 12-8-1998 by L.L. No. 7-1998]
(d)
Front yard setback from manufactured home lot
line: 15 feet.
[Amended 12-8-1998 by L.L. No. 7-1998]
(e)
Side yard setback depth from manufactured home
lot line: 10 feet.
[Amended 12-8-1998 by L.L. No. 7-1998]
(f)
Rear yard setback depth from manufactured home
lot line: 10 feet.
[Amended 12-8-1998 by L.L. No. 7-1998]
(g)
Minimum width: 60 feet; minimum length: 100
feet.
(3) No manufactured home shall be located closer than
100 feet to any highway line and shall be no closer than 50 feet to
any adjoining property line.
[Amended 12-8-1998 by L.L. No. 7-1998]
(4) Maximum plot coverage by any manufactured home and
appurtenant structures shall not exceed 40%.
[Amended 12-8-1998 by L.L. No. 7-1998]
G. Accessory buildings on individual lots or stands.
One accessory building not exceeding 100 square feet is permitted.
This building must be of a building material that is approved by the
New York State Uniform Fire Prevention and Building Code. This building
may be of a preconstructed material.
[Amended 10-3-1994 by L.L. No. 2-1994]
H. Minimum size of individual manufactured homes. The
minimum size of any individual manufactured home in a park will not
be less than 500 square feet.
[Amended 12-8-1998 by L.L. No. 7-1998]
I. Entrance platform. Each manufactured home shall be
provided with an entrance platform of concrete asphalt or equivalent
at least eight feet by 20 feet and four inches in depth. This platform
will be located at the main entrance to the manufactured home and
may act as base for railings and steps for manufactured home. This
platform may also be part of the patio area.
[Amended 12-8-1998 by L.L. No. 7-1998]
J. Skirts. Each manufactured home owner shall be required
to enclose the bottom portion of the manufactured home with either
a metal or wood skirt or enclosure within 30 days after arrival in
the park. Such skirts shall be uniform in appearance in design and
type.
[Amended 12-8-1998 by L.L. No. 7-1998]
K. Parking areas. Each manufactured home lot must have
two parking spaces, preferably off-street. Parking facilities may
be provided so that each manufactured home lot would have one off-street
parking area. A common parking area may be utilized for second vehicle
parking area and guest parking and for delivery and service vehicles.
Each parking space must have a minimum of 250 square feet. In new
developments, no on-street parking shall be permitted. Parking spaces
shall be provided for all park service buildings and meeting the provisions
of this chapter. No boats, camp haulers, trailers or motor vehicles
not designed for passengers shall be parked or stored at any place
within the manufactured home park except in designated areas. No unlicensed
motor vehicles or trailers or parts thereof or junk of any nature
or description shall be parked or stored within the manufactured home
park.
[Amended 12-8-1998 by L.L. No. 7-1998]
L. Sidewalks. Sidewalks will only be required from the
street to the entrance of a manufactured home. Said sidewalk must
be of concrete, macadam or hard surface.
[Amended 12-8-1998 by L.L. No. 7-1998]
M. Screen; fences and walls. Fences and walls shall be
provided in lieu of screening shrubbery. These items shall be provided
around areas which, because of height or other factors, constitute
a hazard to the public or to property.
N. Landscaping. Proper landscaping, if appropriate, should
be by mutual agreement with the Planning Board and the park developer.
O. Fire protection. Suitable fire apparatus and/or communication
with the local Fire Department shall be provided. In rural areas,
a pond may be provided for water supply in case of fire.
P. Roadway; access. The entrance road connecting the
manufactured home park streets with a public road shall have a minimum
road width of 20 feet or a total of 36 feet, including right-of-way.
It is recommended that a separate access and egress be provided where
appropriate. The road shall be constructed of blacktop or equivalent.
[Amended 12-8-1998 by L.L. No. 7-1998]
Q. Internal streets.
(1) The width of all internal streets must be at least
20 feet, with an additional five-foot right-of-way provided for on
each side.
(2) All internal streets shall be constructed of blacktop
or the equivalent of the same and shall be designed, graded and leveled
as to permit the safe passage of emergency and other vehicles at a
speed of 15 miles per hour.
(3) Each street shall be named and each manufactured home
lot therein will be given a permanent number which shall be affixed
to the manufactured home and shall be visible from the street.
[Amended 12-8-1998 by L.L. No. 7-1998]
R. Lighting. Streets should be illuminated from dusk
to dawn with such lighting meeting the recommendations of the utility
company.
S. Sanitary and water facilities. All such facilities
must meet the requirements of the Department of Environmental Conservation
or other agencies having authority thereof. Approval by said agencies
is required before any permit will be issued.
(1) Storm drainage pipes, ditches, etc., may be required
with the request of the Planning Board.
(2) Garbage and refuse.
(a)
Each manufactured home park shall provide sanitary
equipment to prevent littering of the grounds and premises with rubbish,
garbage and refuse. Each manufactured home shall have containers with
tightly fitting covers. Regular disposal shall be provided for all
rubbish, trash and garbage.
[Amended 12-8-1998 by L.L. No. 7-1998]
(b)
Storage areas for garbage, rubbish and trash
containers will be adequately screened by either a solid fence or
appropriate screening vegetation.
(3) Burning. No garbage or refuse of any kind shall be
burned.
T. Electrical distribution system; individual electrical.
(1) General requirements. Every park shall contain an
electrical wiring system consisting of wiring fixtures, equipment
and appurtenances which shall be installed and maintained in accordance
with the local electric power company's specifications and regulations.
All wiring fixtures and connections must have the approval of any
approved underwriters or inspection agency.
(2) Specific regulations.
(a)
Each manufactured home shall be supplied with
not less than a one-hundred-ampere service. If the manufactured home
is to be heated electrically, then a two-hundred-ampere service is
recommended for each unit.
[Amended 12-8-1998 by L.L. No. 7-1998]
(b)
All utilities shall be placed below ground.
(c)
All grounding wiring in the manufactured home
must be retained.
[Amended 12-8-1998 by L.L. No. 7-1998]
U. Fuel supply and storage.
(1) General requirements. All fuel oil supply systems
provided for manufactured homes, service buildings and other structures
shall be installed and maintained in conformity with the rules and
regulations of the authority having jurisdiction when provided.
(2) Specific requirements.
(a)
All fuel oil tanks shall be placed at the rear
of the manufactured home and not located less than five feet from
any exit.
[Amended 12-8-1998 by L.L. No. 7-1998]
(b)
Supports or standards for fuel storage tanks
are to be of a noncombustible material.
(3) Natural gas supply. Natural gas piping systems installed
in manufactured home parks shall be maintained in conformity with
accepted engineering practices.
[Amended 12-8-1998 by L.L. No. 7-1998]
(4) Liquefied gas.
(a)
Such system shall be provided with safety devices
to relieve excessive pressures and shall be arranged so that the discharge
terminates at a safe location.
(b)
Systems shall have at least one accessible means
for shutting off gas. This means shall be located outside of the individual
manufactured home.
[Amended 12-8-1998 by L.L. No. 7-1998]
(c)
All liquid propane gas piping shall be well
supported and protected against mechanical injury.
(d)
Storage tanks shall not be less than 100 pounds
and must be located at the rear of the manufactured home and no closer
than five feet from any exit.
[Amended 12-8-1998 by L.L. No. 7-1998]
(e)
It is recommended that a central underground
gas storage system be furnished.
V. Recreational areas; open spaces.
(1) Every manufactured home park shall have a minimum
of 5,000 square feet of recreation area for the public use of persons
living in the park and no less than 200 square feet per manufactured
home.
[Amended 12-8-1998 by L.L. No. 7-1998]
(2) The Planning Board, as a condition of approval, may
establish such conditions on the ownership, use and maintenance of
open spaces as it deems necessary to assure the preservation of such
open spaces for their intended purposes.
(3) It is recommended that this recreation area be centrally
located, but other areas may be better utilized for this purpose,
depending on topography and location of manufactured home park.
[Amended 12-8-1998 by L.L. No. 7-1998]
(4) The design of such areas shall be appropriate for
the intended use and location.
W. Service buildings.
(1) Service buildings shall meet all the requirements
of this chapter.
(2) Service buildings may be consolidated so that essential
services and management operations may be in one building. Single
construction is preferable if service buildings would adequately serve
all manufactured home lots.
[Amended 12-8-1998 by L.L. No. 7-1998]
X. Sales.
[Amended 12-8-1998 by L.L. No. 7-1998]
(1) Sale of lots in manufactured home park. No manufactured
home lot shall be sold within a manufactured home park.
(2) Manufactured home sales. No manufactured home shall
be offered for sale, displayed for sale or sold within a manufactured
home park unless such manufactured home is connected to all operating
utilities and is placed on a lot within the manufactured home license
or a designated sales area which meets all the conditions of this
chapter.
Y. Special use permit; license for operation; maintenance of manufactured home park. After all rules, regulations and provisions of this chapter and the Municipal Code of the Town of Phelps have been met, the Code Enforcement Officer shall issue a special use permit and license for operation and maintenance of a manufactured home park. Said applicant shall file a licensing fee as set forth in Chapter
A157, Fees. Said license is for a twelve-month period.
[Amended 12-8-1998 by L.L. No. 7-1998]
Z. Renewal fee. Within 40 days of expiration of said license, the applicant must file for renewal of the license. At this time, the Code Enforcement Officer and/or other authorities may make inspections of said manufactured home park to determine if compliance with provisions of this chapter and all other rules, regulations and codes have been met. After proper examination and notification, a renewal license will be issued by the Code Enforcement Officer. The renewal fee will as set forth in Chapter
A157, Fees.
[Amended 12-8-1998 by L.L. No. 7-1998]
AA. Transfer of license. No person holding a license shall
transfer said license until such time as the Code Enforcement Officer
or other authority shall have an opportunity to examine such park
to determine if compliance to this section and other rules and regulations
have been complied with. If approved by the Code Enforcement Officer,
a new license shall be issued upon payment of the transfer fee.
BB. Transfer fee. The transfer fee shall be as set forth in Chapter
A157, Fees.
CC. Inspection of manufactured home park. Any duly authorized
representative of the Town may inspect a manufactured home park at
reasonable intervals and at reasonable times to determine compliance
with this section.
[Amended 12-8-1998 by L.L. No. 7-1998]
DD. Suspension of revocation of license. Conviction of
the offense of violation of this chapter and any sanction or part
thereof may, in addition to other penalties herein provided, result
in suspension of the license in the discretion of the court.
EE. Appeal by licensee. The right of appeal and time and
manner for perfecting any judgment or decision of the court made therein
shall be as provided by law on conviction of a violation of a Town
ordinance.
FF. Management and duties of licensees.
(1)
Every manufactured home park shall be under
the direct management of the owner or licensee or his agent or representative.
Such person or persons shall:
[Amended 12-8-1998 by L.L. No. 7-1998]
(a)
Operate such park from an office located within
the park.
(b)
Maintain a bound book containing a record of
the names of all persons accommodated at the park, and their home
address.
(c)
Maintain an accurate record of the make, model
number and year of each manufactured home in park. This record shall
be available to any authorized person inspecting the park.
(2)
The person or persons to whom a license has
been issued shall operate the park in compliance with this chapter
and shall provide adequate supervision to maintain the park and keep
its facilities and equipment in good repair and in a clean, sanitary
condition.
(3)
The licensee will also:
(a)
Provide for adequate snow removal on all streets.
(b)
Provide for adequate garbage, rubbish and trash
collection.
(c)
Provide to the Tax Assessor within 14 days following
the arrival of any manufactured home the information called for by
the Tax Assessor and will also notify the Tax Assessor within 14 days
following the departure of any manufactured home from park.
[Amended 12-8-1998 by L.L. No. 7-1998]
GG. Bond required. The owner of a manufactured home park
shall be bonded annually in an amount to be determined by the Town
Board for the benefit of the Town and the occupants or lessees of
the manufactured home park.
[Amended 12-8-1998 by L.L. No. 7-1998]
[Amended 10-3-1994 by L.L. No. 2-1994]
All residential conversions shall have at least
two off-street parking spaces per dwelling unit, and each unit shall
have adequate light, air, heating and plumbing facilities and shall
have at least 3,000 square feet of lot area and 600 square feet of
floor area for each dwelling unit, but no converted building shall
have more than a total of four dwelling units.
[Amended 10-3-1994 by L.L. No. 2-1994]
Retail uses in the Industrial District. Such
uses shall be permitted only where the applicant can prove to the
Board of Appeals that such use is necessary to serve primarily industrial
uses in the vicinity.
[Added 8-5-1991 by L.L. No. 1-1991]
A. Site preparation or construction of a kennel shall
not commence nor shall any existing structure be occupied as a kennel
until the final site plan approval has been granted by the Planning
Board and a special use permit has been granted by the Zoning Board
of Appeals.
B. The site plan shall contain provisions for adequate
measures to prevent offensive noises and odors and a plan for disposal
of all animal wastes.
C. Refuse shall not be incinerated upon the lot on which
the kennel is located.
D. No kennel shall be closer than 100 feet to any lot
line other than the front lot line. This shall include all outdoor
areas enclosed by fences for the use of animals. No shelters shall
be located in the front yard. Also, no kennel shall be located closer
than 300 feet to an existing dwelling.
[Added 4-11-2022 by L.L. No. 2-2022]
A. Site preparation or construction of a cannabis retail dispensary
or a cannabis on-site consumption establishment shall not commence
nor shall any existing structure be occupied or used as a cannabis
retail dispensary or a cannabis on-site consumption establishment
until final site plan approval has been granted by the Planning Board
and a special use permit has been granted by the Zoning Board of Appeals.
B. All applicants for site plan approval and a special use permit for
a cannabis retail dispensary or a cannabis on-site consumption establishment
shall submit the following to the Code Enforcement Officer:
(1)
A completed application on a form to be provided by the Town
and application fee.
(3)
A drawing, drawn to scale, indicating the portion of the parcel
to be developed in the regulated use, as well as all required appurtenances.
(4)
A clear and concise description of the proposed use.
(5)
All plans and documents required by Chapter
115 (site plan review).
(6)
Subject to applicable law, copies of all information and documentation
submitted to the State of New York as part of its application for
a license to operate under the Cannabis Law.
C. No cannabis retail dispensary or cannabis on-site consumption establishment
shall be allowed within 500 feet of the boundary of any residential
zoning district in the town, as measured from the nearest exterior
wall of the portion of the structure containing the cannabis retail
dispensary or cannabis on-site consumption establishment.
D. No cannabis retail dispensary or cannabis on-site consumption establishment
shall be allowed within 500 feet of the property line of a parcel,
within the town, containing a church, synagogue, other place of worship,
library, school, nursery school, day-care facility, park, playground
or substance abuse treatment site, as measured from the nearest exterior
wall of the portion of the structure containing the cannabis retail
dispensary or cannabis on-site consumption establishment.
E. No cannabis retail dispensary or cannabis on-site consumption establishment
shall be allowed on the same parcel as another cannabis establishment.
F. No cannabis retail dispensary or cannabis on-site consumption establishment
shall be allowed within 1,000 feet of the property line of another
cannabis retail dispensary, cannabis on-site consumption establishment
or other cannabis establishment, as measured from the nearest exterior
wall of the portion of the structure containing the cannabis retail
dispensary or cannabis on-site consumption establishment that is the
subject of the application, whether or not such other establishment
is located in the Town of Phelps.
G. No cannabis retail dispensary or cannabis on-site consumption establishment may be considered an on-premises business, as defined in §
145-71 of this Chapter.
H. No cannabis retail dispensary shall open or conduct any business
prior to 9:00 a.m. nor remain open or conduct any business after 9:00
p.m.
I. No cannabis on-site consumption establishments shall open or conduct
any business prior to 9:00 a.m. nor remain open or conduct any business
after 9:00 p.m., Mondays through Saturdays, and shall not open or
conduct any business prior to 12:00 p.m. nor remain open or conduct
any business after 7:00 p.m. on Sundays.
J. No cannabis retail dispensary or cannabis on-site consumption establishment
shall operate and no special use permit for a cannabis retail dispensary
or cannabis on-site consumption establishment issued pursuant to this
Chapter shall be valid until the applicant has obtained all licenses
and permits issued by New York State and/or any of its agencies for
it to conduct such business. This shall pertain to any promotions,
giveaways and associated propaganda.
K. A special use permit for a cannabis retail dispensary or cannabis
on-site consumption establishment shall have a term limited to the
duration of the applicant's ownership and use of the premises as a
cannabis retail dispensary or cannabis on-site consumption establishment,
as applicable. A special use permit may be transferred only with the
approval of the Zoning Board of Appeals in the form of an amendment
to the special use permit.
L. Any violation of this Section shall be grounds for revocation of
a special use permit issued under this Chapter.
M. A revocation of the cannabis retail dispensary license or cannabis
on-site consumption establishment license, as applicable, by New York
State and/or any of its agencies shall be grounds for revocation of
the special use permit.
[Added 7-10-2023 by L.L. No. 4-2023]
A. Camping grounds may be allowed as special uses in districts: Residential/Agricultural
(R-AG), Commercial District 1 (C-1), Commercial District 2 (C-2),
Industrial District (M-1) with the approval of a site plan by the
Planning Board and a special use permit by the Zoning Board of Appeals.
Camping Grounds shall not be allowed in Residential Districts (R-1).
B. 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 the Special Use Permit approval from the
Zoning Board and permits have been issued by all governmental agencies
involved.
C. Camping grounds shall be occupied by only travel trailers, pickup
coaches, motor homes, camping trailers, recreational vehicles, tents,
cabins, A-frame, or similar structures suitable for temporary habitation
and used for travel, vacation, and recreation purposes. The removal
of wheels is prohibited. Permanent seasonal sites may block up the
travel trailer or vehicular accommodations with wheels intact.
D. No cabin, A-frame or similar structure shall be constructed or erected
on the site without a building 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 Office 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 accordingly
with appropriate standards and it is functioning properly, if applicable.
E. The minimum camping ground area shall be 20 acres.
F. Not more than 15 travel trailers, campers, tents, recreational vehicles,
or motorhomes are permitted per acre of gross site area. Not more
than 2 cabins, A-frame or similar structure shall be permitted per
acre of gross site area.
G. Location and access. A Camping ground shall be located so that no
entrance or exit from a site shall discharge traffic into any R-1
district nor require movement of traffic from the camping ground through
a R-1 district. A camping ground shall have a minimum of 150 feet
of frontage on a public street. Entrances and exits to camping grounds
shall be designed for safe and convenient movement of traffic into
and out of the camping area 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 exists. No entrance or
exit shall require a turn at an acute angle for vehicles moving in
the direction intended, and radii of curbs and pavements at intersections
shall be such as to facilitate easy turning movements for vehicles
with trailers attached.
H. Site conditions. Conditions of soil, groundwater level, drainage
and topography shall not create hazards to the property or to the
health or safety of the occupants. Site conditions shall not create
health or safety hazards.
I. 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 are permitted as accessory uses to the camping grounds. In
addition, retail stores and other convenience establishments shall
be permitted as accessory uses in camping grounds in such districts
where such uses are not allowed as principal uses, subject to the
following restrictions.
(1)
Such establishments and the parking areas primarily related
to their operations shall not occupy more than 5% of the gross area
of the camping ground.
(2)
Such establishments shall be restricted in their use to occupants
of the camping ground.
(3)
Such establishments shall present no visible evidence from any
street outside the camping ground of their commercial character which
would attract customers other than occupants of the camping ground.
(4)
The structures housing such facilities shall not be located
closer than 200 feet to any public street and shall not be directly
accessible from any public street but shall be accessible only from
a street within the camping ground.
(5)
One owner occupied/caretaker occupied habitable residence is
allowed per camping ground for overseeing the camping ground's operation.
(6)
Campsite/dwelling conversions to year-round habitable space
shall not be allowed.
J. Plans for sewage disposal and water supply shall be designed in accordance
with standards promulgated by the New York State Departments of Health
and/or Environmental Conservation and shall receive approval from
said agencies. A minimum of one RV dump station is required.
K. Each site shall have toilet facilities located not further than 300
feet from any site.
L. Streets and parking lots. Streets in camping grounds shall be private
but shall be constructed in compliance with the site design. Plans
and specifications for streets shall be reviewed and approved by the
Town Engineer. All roadways and public parking areas shall be either
paved or dust treated. Public Parking areas shall be provided to store
transient trailers, boats along with guest parking. Street Sign identifiers
shall be maintained at all intersections and the camping ground shall
have a posted speed limit not to exceed five mph.
M. Sites. Travel trailers, pickup coaches, motor homes, camping trailers,
and recreational vehicle sites shall be at least 2,800 square feet
in area and have a minimum width of 40 feet. Tent sites shall be at
least 1,500 square feet in area. All sites shall be identified with
their own individual unique identifier.
N. Camping fires. All campsites shall be provided with a fire ring or
fire pit to contain individual campfires.
O. Recreation facilities. A minimum of 20% of the gross site area for
the camping ground shall be set aside and developed as common use
areas for open or enclosed recreation facilities. No travel trailers,
pickup coaches, motor homes, camping trailers, recreational vehicles,
tents, or cabins, required buffer strips, street rights-of-way, parking
or storage areas or utility sites shall be counted as recreational
purposes.
P. Off-street parking and loading. In connection with use of any camping
ground, no parking, loading or maneuvering incidental to parking or
loading shall be permitted on any street, sidewalk or required buffer
or right-of-way or on any public grounds or on any private grounds
not part of the camping ground unless the owner has given written
permission for such use. Each camping ground shall provide off-street
parking, loading and maneuvering space so located and scaled that
the prohibitions above may be observed, and camping ground owners
shall be responsible for violations of these requirements.
Q. An adequate lighting system shall be provided for the camping ground.
All lighting shall be in accordance with Chapter § 92 of
the Phelps Town Code.,
R. All utilities shall be underground. Travel trailers, pickup coaches,
motor homes, camping trailers, recreational vehicles, and cabins shall
have electric per site. Potable water shall be provided with New York
State Health Department approval. All applicable sanitation standards
promulgated by the State of New York shall be met.
S. The owner shall provide an adequately sized dumpster for disposal
of garbage and refuse. The owner shall provide an adequately sized
dumpster for the disposal of recycled materials such as paper, plastic,
tin, steel, glass, and cardboard. Dumpsters shall be independent of
each other. Camping ground owners are encouraged to have a positive
environmental impact. Garbage and refuse shall be disposed of as often
as may be necessary to ensure sanitary conditions. The Planning Board
shall require fencing or natural buffering.
T. Setbacks. Each building or structure within a camping ground shall
comply with the setback regulations applicable to the zoning district
in which such camping ground is located, except that travel trailers,
pickup coaches, motor homes, camping trailers, recreational vehicles,
tents, and cabins may be located not closer than 250 feet to any side
or rear line nor closer than the management headquarters to any front
lot line.
U. Emergency contact information shall be posted outside the management
headquarters. Information shall include 911 emergency numbers, the
Ontario County Emergency Services non-emergency number, and camping
grounds after hours management numbers.
V. Recreational Vehicle commercial sales are prohibited.
W. Adherence is required to Phelps Town Code § 96 on noise
levels and time frames.
X. All camping grounds are required to provide an orientation to the
local law enforcement, fire department and ambulance services for
camping ground layout, facilities, and amenities. Such orientation
shall be biennial.
Y. The annual license fee for each camping ground shall be $10 per camping
site per year in conjunction with the annual special use permit fee,
an amount to be determined by the Phelps Town Board. The special use
permit will be considered following the annual inspection performed
by the Code Enforcement Officer to include habitable buildings and
the approved site plan.
Z. No unregistered vehicles or trailers shall be kept at the camping
ground.