A.
No person shall locate any manufactured home, whether resting on
wheels or permanent foundations, upon private property in the Town,
nor shall any owner of real property within the Town permit any manufactured
home to be located, situated or parked upon his property except as
hereinafter set forth.
B.
Individual manufactured homes are allowed in all districts.
C.
All manufactured home installations shall be in accordance with Appendix
E of the New York State Residential Code.
D.
HUD construction standards. All homes must pass the construction
standards as set forth under the Federal Manufactured Act of 1974.
Homes built after 1976 must have a HUD seal or appropriate alternative
displayed. In New York, the Department of State's Division of Code
Enforcement and Administration carries out this act and monitors the
production of manufactured homes to guarantee compliance.
E.
Single-wide replacements may only take place in preexisting parks.
All others shall be doublewide.
F.
Manufactured home parks.
(1)
Manufactured homes shall be allowed in a manufactured home park,
which has received a conditional use permit approved by the Town Planning
Board and the Board of Appeals.
(2)
Manufactured home parks may be allowed as conditional use permit
uses in the A/RR District upon the approval of a conditional use permit.
This provision shall apply to the expansion or alteration of existing
manufactured home parks as well.
(3)
No site preparation or construction shall commence until final site
plan approval has been granted by the Planning Board and permits have
been issued by all government agencies involved.
(4)
The minimum site area of proposed manufactured home parks shall be
not less than 30 acres.
(5)
Manufactured home lots shall have an area of not less than 7,200
square feet. Each manufactured home lot shall front on an interior
park roadway and have a minimum width of 60 feet. An iron stake shall
be located and maintained by the park owner at each manufactured home
lot.
(6)
Minimum front setbacks for manufactured homes shall be 20 feet; minimum
side setbacks shall be five feet on one side, with a total of 20 feet
on both sides; and minimum rear setbacks shall be 10 feet.
(7)
The minimum setbacks of every manufactured home, building or other
structure in a manufactured home park from the nearest public street
line shall be 70 feet and from every other lot line of the manufactured
home park shall be 40 feet.
(8)
Not more than one manufactured home shall be located on anyone manufactured
home lot. Every manufactured home within a manufactured home park
shall be located on a manufactured home lot or in a designated storage
area shown on the approved site plan for said park.
(9)
At least one service building shall be constructed in each manufactured
home park, which shall be adequate to provide for storage of all equipment,
tools and materials necessary for the maintenance of the park, and
all such equipment shall be stored within said building when it is
not in use.
(10)
All manufactured home lots shall be provided with a patio of
cement or concrete at least eight feet by 20 feet and four inches
in depth. Such patio shall not be used as a parking space, and no
portion of the manufactured home shall be located on such patio.
(11)
Each manufactured home lot must have not less than two off-street
parking spaces. Such parking spaces shall be connected to the entrance
of the manufactured home by a paved sidewalk having a minimum width
of 24 inches and a minimum depth of 3 1/2 inches of concrete
or two inches of compacted asphalt.
(12)
No boats, campers, travel trailers, recreational vehicles or
unregistered and unlicensed motor vehicles shall be parked or stored
at any place within a manufactured home park except in areas designated
and approved for such storage as part of the site development plan
approval.
(13)
Every roadway within a manufactured home park shall have a minimum
pavement width of 22 feet and a minimum right-of-way width of 50 feet.
If cul-de-sac exist, they shall have a minimum diameter of 70 feet.
(14)
A complete water distribution system approved by the Health
Department, including a water service pipe for each manufactured home
lot and appropriately spaced fire hydrants, shall be installed.
(15)
A public sanitary sewage disposal system approved by the Health
Department and other appropriate agencies shall be installed, including
a sewer connection for each manufactured home lot.
(16)
An adequate storm drainage system shall be installed.
(17)
All public utility, electric, gas, cable television and telephone
lines shall be installed underground.
(18)
Appropriate streetlighting shall be installed on interior roadways,
with the minimum number of lights being one at each intersection of
interior roadways with each other or with abutting public roads and
at least every 200 feet where such intersections are more than 200
feet apart.
(19)
Pedestrian walkways shall be provided along at least one side
of all interior streets, having a width of approximately four feet.
(20)
A landscape plan shall be prepared and carried out which will
assure the Town Planning Board that an appropriate planting of trees
and shrubs will be included in the park design, including screening
where necessary.
(21)
No manufactured home shall be located on a manufactured home
lot until the roadways, sanitary sewage disposal system, water supply
and storm drainage system serving said manufactured home lot have
been installed in accordance with the approved site development plan
for the manufactured home park.
(22)
Each roadway shall be named and noted upon signs at each roadway
intersection. Each manufactured home lot shall be assigned a permanent
number which shall be noted on the manufactured home lot in a location
clearly visible from the roadway.
(23)
All fuel tanks within a manufactured home park, including all
fuel tanks used for heating within manufactured homes, shall be installed
in accordance with the National Fire Protection Association standards.
(24)
Every manufactured home park shall have a recreation area or
open space for use by the occupants of the manufactured home park.
Such area shall be not less than 10,000 square feet, or 1,000 square
feet per manufactured home lot in the park, whichever is greater.
(25)
The park owner shall provide for the regular collection and
disposal of garbage, trash and rubbish.
(26)
Each manufactured home lot shall require one accessory building
to be provided and maintained by the park owner. The minimum size
of the accessory building to be not less than 80 square feet.
(27)
Each manufactured home shall be enclosed at the bottom with
either a metal, wood or vinyl skirt or enclosure within 30 days after
the placement of the manufactured home on the lot.
(28)
No enclosure or addition having a ground area greater than 50%
of the ground area of the manufactured home shall be constructed on
or added or attached to the exterior of any manufactured home. Any
enclosure or addition shall have a concrete floor or other suitable
floor on a concrete base. Such enclosure must be constructed of wood
or metal frame and siding must be portable as a unit or in sections.
The foregoing provisions of this subsection obtained from the Code
Enforcement Officer or designee prior to construction of any such
enclosure or addition, and the application therefor must show a detailed
plan of the proposed construction, showing compliance with the terms
of this chapter. Such structure must be completed or entirely removed
from the manufactured home park within two months of the date of issuance
of such permit.
(29)
No manufactured home shall be offered for sale, displayed for
sale or sold within a manufactured home park unless such manufactured
home is located on a manufactured home space and is connected to an
electric public utility supply and to public sewer and public water
supply.
(30)
Every roadway within a manufactured home park shall be maintained
in good repair and shall be open at all times reasonably possible
for travel by occupants of the park and necessary fire, police, ambulance,
public utility maintenance and fuel supply vehicles. The park owner
shall be responsible for providing and paying the cost of such maintenance
and all necessary snow removal. The provisions of this subsection
shall apply to existing manufactured home parks and manufactured home
parks hereafter established within the Town of Conesus.
(31)
Register of occupants. The owner of every manufactured home
park shall keep a record of the occupants and the manufactured homes
located within the park. A copy of such register shall be made available
to the Code Enforcement Officer upon his demand. Such register shall
contain the following:[1]
(32)
Sale of lots. Any sale of a manufactured home space or spaces
or portion of a manufactured home park, other than the entire manufactured
home park, as shown on the plan of such park approved by the Town,
shall thereupon immediately invalidate the permit for such park approved
by the Town Planning Board. Any use of any of the premises within
the manufactured home park other than as a manufactured home park
shall thereupon immediately invalidate the permit of such park approved
by the Town Planning Board.
Junkyards are conditionally permitted use in the Hamlet/Mixed Use and Agricultural/Rural Residential Districts. Junkyards may be permitted, provided that suitable fencing or screening is constructed to shield the area from the view of any public road in accordance with § 100-15, Fencing, and § 100-16, Screening, of Chapter 100, Junk and Junkyards. No junkyard will be operated within 200 feet of the right-of-way of any public road.
Gravel pits are conditionally permitted use in the Agricultural/Rural
Residential District with the following conditions:
Automotive repair facility is a conditionally permitted use
in the Agricultural/Rural Residential District as follows:
A.
The applicant shall be the owner of the property and a full-time resident of the property. An application for a conditional use permit shall be accompanied by a fee as set forth in the Schedule of Fees (see Chapter 82, Fees) or such other amount as may be set from time to time by resolution of the Town Board. The permit may be issued only after a public hearing and upon the determination that the proposed use is in compliance with conditions and limitations set forth in this section and this chapter. A permit shall be valid for a period not to exceed three years and may be revoked at any time by the Code Enforcement Officer or designee upon noncompliance with the conditions set forth in this section or in the permit itself. A renewal permit may be issued with payment of the conditional use permit for a period not to exceed three years.
B.
Existing
auto repair facilities in the A/RR Zoning District shall apply for
a conditional use permit, conform with the conditions set forth in
this section, and pay the required fee within six months of the enactment
of this section.
C.
Automotive
repair facilities shall only be permitted as an accessory and clearly
subordinate to an existing property owner's residence.
D.
Site plan
review by the Planning Board shall be mandatory so as to show location,
size, and types of all structures and accessory buildings, and distance
between all structures.
E.
Structure
to be used for repair facility shall be fully enclosed.
F.
Repair facility structure shall be located a minimum of 50 feet from
front and 25 feet from adjacent side and rear property lines.
G.
Repair structure must be screened by evergreen shrubbery or coniferous
trees with a minimum height of five feet, or be surrounded by a wall,
barrier or fence of minimum six feet high whose face is not more than
50% open.
H.
No portion of the repair structure or any part of its appurtenances
or accessory uses shall be located within 500 feet of any stream.
I.
Entire area of the site traveled by motor vehicles shall be hard-surfaced
(i.e., asphalt, crushed stone, concrete, or other dust-free surface).
J.
No motor vehicle parts or partially dismantled motor vehicle parts
or partially dismantled motor vehicles shall be stored outside of
an enclosed structure or screened area.
K.
Up to four motor vehicles may be temporarily stored outside, for
not more than two months, if adequate off-street parking spaces are
available.
L.
The only vehicles which may be stored outside in connection with
an auto repair business are:
M.
Vehicles which may not be stored outside are:
(1)
Inoperable vehicles which are not awaiting service.
(2)
Inoperable vehicles which are being scrapped out or used for replacement
parts for another vehicle being repaired.
(3)
Operable vehicles not awaiting service and not used in connection
with the business.
(4)
Cars licensed and registered by the owners of the residence are permitted.
N.
No fuel tanks or fuel pumps are to be installed in conjunction with
the repair business. Retail sale of fuel shall not be permitted.
O.
The business of selling and dealing in secondhand and used cars will
not be allowed except for the property owner's personal vehicle(s).
Q.
Owner must have all appropriate New York State permits and registrations.
R.
Owner must be in compliance with all New York State regulations for
storage and disposal.
S.
Annual inspections will be performed, unannounced, of the conditions
of the conditional use by the Code Enforcement Officer. The fee for
the annual operating inspection will be based upon the current fee
schedule at the time of the inspection.
T.
Penalties for offenses. Any person who violates any provision of this section, the permit or any regulations adopted hereunder shall be guilty of an offense punishable as provided in § 155-20, Penalties for offenses, or imprisonment for a period not to exceed six months, and/or revocation of the conditional use permit.[1]
Public utilities are permitted in all districts.
Bed-and-breakfast establishments and bed-and-breakfast inns
shall be permitted as an accessory use to a residential home in all
districts, subject to the issuance of a conditional use permit by
the Board of Appeals upon the recommendations by the Town Planning
Board and the following conditions and limitations:
A.
An application for a conditional use permit shall be accompanied
by a fee as set forth in the Schedule of Fees or such other amount
as may be set from time to time by resolution of the Town Board.[1] The permit may be issued only after a public hearing and
upon the determination that the proposed use is in compliance with
conditions and limitations set forth in this section and this chapter.
A permit shall be valid for a period not to exceed two years and may
be revoked at any time by the Code Enforcement Officer or designee
upon noncompliance with the conditions set forth in this section or
in the permit itself. A renewal permit may be issued with payment
of fee for a period not to exceed two years.
B.
Existing bed-and-breakfast establishments and inns shall apply for
a conditional use permit, conform with the conditions set forth in
this section, and pay the required fee within six months of the enactment
of this section.
C.
The applicant for a conditional use permit shall submit to the Town
Planning Board statements from the Fire Marshal on the adequacy of
the premises for the purposes of safety, fire protection, and structural
soundness. Such statements shall include recommendations, if any,
for improvements or changes deemed advisable, which will be considered
by the Board in determining the merits of the applications. Each sleeping
unit must have a smoke alarm system, and each sleeping unit shall
have two fire exits.
D.
The applicant for a conditional use permit shall submit to the Town
Planning Board such plans of the structure and layout of the residence
as the Town deems necessary to assure that the bed-and-breakfast complies
with this section.
E.
The applicant shall be the owner of the premises and a full-time
resident of the premises.
F.
There shall be no change in the outside appearance of the building
or premises or other visible evidence of the conduct of a bed-and-breakfast
establishment other than one sign, not exceeding six square feet in
area, nonilluminated, and mounted on the property.
G.
Water supply, wastewater disposal and other sanitary facilities shall
be approved by the Health Department.
H.
It will be serviced adequately by essential public facilities, such
as highways, streets, police and fire protection, refuse disposal,
water, and septic services, or the persons or agencies responsible
for the establishment shall be able to provide adequately any such
services.
I.
It will be harmonious and in accordance with the general and specific
objectives of the Conesus Master Plan.
J.
A minimum of one off-street parking space for each sleeping unit
offered shall be provided. Parking areas having exits on any main
road shall be designed in such a way that vehicles enter the public
right-of-way in a forward motion
