A. 
Special uses, as enumerated in the Schedule of Regulations[1], shall be permitted only upon authorization by the Board of Appeals pursuant to the review by the Planning Board, provided that such uses shall be found by the Board of Appeals to comply with the following requirements or other applicable requirements as set forth in this chapter.
[1]
Editor's Note: The Schedule of Regulations is included at the end of this chapter.
B. 
A special use shall not cause substantial injury to the value of other property where it is to be located; shall be compatible with adjoining development; shall provide adequate landscaping and screening; shall provide off-street parking and loading so as to minimize interference with traffic on the local streets; and shall not jeopardize the public health, safety, welfare and convenience.
C. 
The regulations in this Article shall apply to special uses which are authorized by the Board of Appeals.
A. 
The use should be one specifically enumerated as a special use in the district within which such particular site is located.
B. 
For every special use, the Board of Appeals shall make a specific finding, supported by evidence produced at a public hearing in a manner provided by law, that such use will not be prejudicial to the character of the area.
C. 
For every such special use, the Board of Appeals shall determine that there is appropriate provision for access facilities adequate for the estimated traffic from public streets and pedestrian walkways so as to ensure public safety and to avoid traffic congestion.
D. 
For every special use, the Board of Appeals shall determine that there are fully adequate parking areas and off-street loading spaces, in conformity with the proposed parking requirements of this chapter and all other related ordinances.
E. 
For every such special use, the Board of Appeals shall require suitable planting or screening.
F. 
Such special uses include planned commercial and industrial development groups which would permit two or more principal structures on the same district lot so as to permit diversification in the location of buildings and to improve circulation facilities and other site qualities while maintaining adequate standards for public health, safety, welfare and convenience.
[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.[1]
[1]
Editor's Note: Said schedule is at the end of this chapter.
(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.
A. 
Automobile salvage and wrecking operations, outdoor storage and junkyards shall require a license for such operation.
[Added 10-3-1994 by L.L. No. 2-1994]
(1) 
The license shall be valid for a period of one year.
(2) 
The license must be renewed annually.
(3) 
The license fees shall be as set forth in Chapter A157, Fees.
B. 
The area used for the above purposes:
(1) 
Shall be enclosed by a substantial fence and suitable natural hedge with openings only for access and egress. The fence shall be:
(a) 
At least six feet in height.
(b) 
Kept in good order and repair.
(2) 
Shall not be located nearer than 200 feet to any residential or commercial district
(3) 
Shall have no storage between the fence and hedge and the public right-of-way.
(4) 
Shall be no nearer than 25 feet from any nearest public highway right-of-way line.
C. 
Inside and adjacent to and contiguous with such fence a strip of land at least 10 feet in width shall be kept free of all dry grass or other growth or other combustible material so as to provide a fire lane or line around the whole area where the activity or business of the licensee is being conducted.
D. 
The autos, parts and materials dealt in by the licensee shall be disassembled or dismantled by means other than by burning. They shall be piled to a reasonable height and arranged in neat rows so as to permit easy, clear passage through the area.
E. 
There shall be maintained at each such place of activity or business for which a license is issued at least one fire extinguisher of approved design and capacity for each 40,000 square feet of area. Each such fire extinguisher shall be hung or mounted in a conspicuous place, clearly marked and available.
F. 
When the area is not supervised by the licensee or his employees, the fence shall be locked at a secure gate in a secure manner.
G. 
Suitable sanitary facilities shall be available, connected to approved public sewer or septic tanks, for the use and convenience of the employees of the licensee as well as the general public visiting the area.
H. 
The area of the licensee's activity or business shall not be used as a dump area nor as a place for the burning and disposal of junk or trash.
I. 
The minimum lot size for any area used for any of the above purposes shall be 10 acres, with a minimum width of 300 feet and a minimum front, side and rear yards of 100 feet.
[Added 8-5-1991 by L.L. No. 1-1991]
J. 
No highly inflammable or explosive liquids, solids or gases shall be in bulk above ground. Fuel tanks for equipment use as regulated by the New York State Department of Environmental Conservation and tanks or drums of fuel directly connected with heating devices or appliances located on the same premises as the tanks or drums of fuel are excluded from this provision.
[Added 8-5-1991 by L.L. No. 1-1991]
K. 
Materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible by or otherwise be attractive to rodents or insects shall be stored outdoors and only in closed containers.
[Added 8-5-1991 by L.L. No. 1-1991]
L. 
No materials or wastes shall be deposited on any premises in such form or manner that they may be transferred off such premises by natural causes or forces.
[Added 8-5-1991 by L.L. No. 1-1991]
[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.
A. 
Under the standard provisions of this chapter, a separate ground area, referred to in this chapter as a district lot, must be designated, provided and continuously maintained for each structure or use. Pursuant to the procedure hereinafter set forth, two or more such structures may be erected and maintained on the same district lot. Also, several district lots may be combined into one plan covering a planned development group. The procedure is intended to permit diversification in the location of structures and to improve circulation facilities and other site qualities while ensuring adequate standards relating to public health, safety, welfare and convenience in the use and occupancy of buildings and facilities in planned groups.
B. 
Before approving the site plan, the Board of Appeals shall make findings with respect to the following:
[Amended 10-3-1994 by L.L. No. 2-1994]
(1) 
Traffic access. That all proposed site traffic accessways are adequate but not excessive in number, adequate in grade, width, alignment and visibility and not located too near street corners, entrances to schools or places of public assembly and other similar considerations.
(2) 
Circulation and parking. That the interior circulation system is adequate and that all required parking spaces are provided and are easily accessible.
(3) 
Paving and drainage. That there shall be adequate design of grades, paving, gutters, drainage and treatment of turf to handle stormwaters and to prevent erosion and formation of dust.
(4) 
Disposal of usable open space. That in accordance with the spirit and intent of this chapter, wherever possible, usable open space is disposed of in such a way as to ensure the safety and welfare of residents.
(5) 
Arrangement of buildings. That adequate provision has been made for light, air, access and privacy in the arrangement of buildings to each other. Each dwelling unit shall have a minimum of two exterior exposures.
(6) 
Proper landscaping. That the proposed site is properly landscaped, the purpose of which is to further enhance the natural qualities of the land. Where adjacent land use dictates, proper screening and buffer zones may be required. No certificate of occupancy shall be issued for any such building or buildings unless the same conforms in all respects to such site plan and unless all facilities included in the site plan have been in accordance therein.
(7) 
Signs and lighting. That signs and lighting devices shall be properly arranged with respect to traffic control devices and adjacent residential districts.
[1]
Editor’s Note: Former § 145-19, Excavations, as amended, was repealed 7-9-2012 by L.L. No. 3-2012. Former § 30.42I, Requirements for extractive industries permit; topsoil removal, which immediately followed that section, was repealed 10-3-1994 by L.L. No. 2-1994.
[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.