A. 
Home occupations.
(1) 
Upon application to the Zoning Board, a home occupation will be permitted provided the following standards are complied with:
(a) 
Such home occupation is one customarily carried on in a dwelling unit or in a building or other structure accessory to a dwelling unit.
(b) 
Such home occupation shall be carried on by a member of the family residing in the dwelling unit.
(c) 
Such home occupation is clearly incidental and secondary to the use of the dwelling unit for residential purposes.
(d) 
Such home occupation conforms to the following additional conditions:
[1] 
The occupation or profession shall be carried on wholly within the principal building or within a building or other structure accessory thereto.
[2] 
Not more than one person outside the family shall be employed in the home occupation.
[3] 
There shall be no exterior display or storage of materials and no other exterior indication of the home occupation or variation from the residential character of the principal building, except that one exterior sign no larger than two square feet in area shall be permitted. [See § 135-27B(5).]
[4] 
No offensive traffic, noise, vibration, smoke, dust, odors, heat or glare shall be produced.
(2) 
In particular, a home occupation includes but is not limited to the following:
(a) 
Art studio, beauty and barbershop, tailoring and dressmaking or teaching.
(b) 
Professional office of a physician, dentist, lawyer, engineer, architect, real estate salesman or accountant.
(c) 
Carpentry, electrical and plumbing services.
B. 
Excavations.
(1) 
Any proposed excavation adversely affecting natural drainage or structural safety of adjoining buildings or lands shall be prohibited. Excavations shall not create any noxious or injurious substance or condition nor cause public hazard.
(2) 
In any district, excavation relating to the construction on the same lot of a building or structure for which a building permit has been issued shall be permitted. In the event that construction of the building or structure is stopped prior to completion and the building permit is allowed to expire, the premises shall immediately be cleared of any rubbish or building materials, and any excavation below existing grade shall immediately be filled in and the topsoil replaced or all such excavations shall be entirely surrounded by a substantial fence at least six feet high that will effectively block access to the area in which the excavation is located.
(3) 
For excavations for soil mining, see § 135-28.
C. 
Activity standards. In any district, the following standards for activities shall apply:
(1) 
No offensive or objectionable vibration, odor or glare shall be noticeable at or beyond the property line.
(2) 
No activity shall create a physical hazard by reason of fire, explosion, radiation or other such cause to persons or property in the same or adjacent district.
(3) 
There shall be no discharge of any liquid or solid waste into any stream or body of water or any public or private disposal system or into the ground, nor any materials of such nature, as may contaminate any water supply, including groundwater supply.
(4) 
There shall be no storage of any material either indoors or outdoors in such a manner that it facilitates the breeding of vermin or endangers health in any way.
(5) 
The emission of smoke, fly ash or dust which can cause damage to the health of persons, animals or plant life or to other forms of property shall be prohibited.
D. 
Accessory buildings and uses.
(1) 
Accessory buildings not attached to principal buildings shall be located no closer to the principal building than 12 feet or a distance equal to the height of such accessory building, whichever is greater. An enclosed utility building for the storage of lawn and garden equipment, not exceeding 150 square feet of floor area or more than 12 feet in height, may be erected behind the rear building line of any dwelling but not closer than five feet to any rear or side lot line, provided that such building shall not be used for any home occupation or commercial purposes nor for the storage or repair of motor vehicles.
(2) 
In a residential district, accessory uses not enclosed in a building, including swimming pools and tennis courts, shall be erected only in the same lot as the principal structure, may not be constructed in the side or front yards of such lot, shall be distant not less than 20 feet from any lot line nor less than 10 feet from the principal structure and shall not adversely affect the character of any residential neighborhood by reason of noise or glare or safety, except that swimming pools or tennis courts may be erected in side yards, provided they comply with setback requirements.
(3) 
In all districts, accessory uses, including satellite dishes, solar collector panels and energy-producing windmills, shall be erected only on the same lot as the principal structure, shall not be located in the front yard, shall be distant not less than 10 feet from any lot line and shall not adversely affect the character of any neighborhood by reason of noise, glare, safety or sight obstruction, except that a minimum setback of 50 feet shall be required from any residence.
E. 
Corner clearance. For the purpose of minimizing traffic hazards at street intersections, on any corner lot no obstructions higher than 2 1/2 feet above the adjacent top-of-curb or street center-line elevation shall be permitted to be planted, placed, erected or maintained within the triangular area formed by the intersecting pavement lines, or their projections where corners are rounded and a straight line joining the pavement lines at points 50 feet distant from their point of intersection.
F. 
No fences or walls, or fencing or screen comprising of living plants, hedges or bushes, in excess of six feet shall be permitted anywhere on a lot. In any commercial or industrial district, there shall be no restriction on fences or walls except on a residential district boundary line, where such fences and walls shall be limited to eight feet in height, and except where corner clearances are required. No fence or wall or fences or screen of living plants, hedges or bushes in excess of three feet in height shall be permitted within 30 feet of the street pavement.
G. 
Commercial parking lots. Commercial parking lots shall comply with the provisions of § 135-24D, H and I.
H. 
Boat sales and storage. When located in an A District, the following special conditions apply:
(1) 
Boat sales areas shall provide an all-weather surface of asphalt or concrete for a minimum of six off-street parking spaces. Such spaces shall be located so that backing onto the highway will not be necessary.
(2) 
Boat storage areas shall be set back from all property lines by at least 50 feet and be provided with an all-weather access drive.
(3) 
Off-street parking areas and front and side yard setback areas shall be landscaped with grass, trees and shrubs. No outside storage of boats shall be allowed.
(4) 
Such boat sales and storage use will only be permitted in A Districts, if the Board of Appeals determines that predominant land use in the surrounding area is not residential in character.
In all districts, off-street automobile parking spaces and truck loading areas for the various permitted uses shall be provided at the time any of the main buildings or structures having such uses are constructed or altered, as follows:
A. 
Required off-street automobile parking spaces. The minimum cumulative number of spaces shall be determined by the number of dwelling units, bedrooms, floor area, members, equipment, employees and/or seats contained in such new buildings or structures or added by alteration of such buildings or structures, and such minimum number of spaces shall be maintained by the owners of such buildings or structures, as follows:
(1) 
Office, business and commercial uses.
(a) 
Off-street parking spaces for office, business and commercial uses are required as follows:
[1] 
For retail business or service, bank or post office: one space for each 200 square feet of customer floor area.
[2] 
For office, including professional, personal services, public utility or public: one space for each 300 square feet of gross office floor area.
[3] 
For restaurant, bar or nightclub: one space for each 50 square feet of customer floor area.
[4] 
For funeral home: one space for each five seats of auditorium capacity.
[5] 
For any commercial use: one space for each company vehicle.
[6] 
For any drive-in facility, such as a bank or car wash, space must be provided to accommodate a waiting line of at least five vehicles per teller's window, washing bay, etc.
[7] 
For hotel: one space for each two bedrooms.
[8] 
For motel and vacation resort: one space for each bedroom plus one space for each four employees.
[9] 
For cannabis-related uses, as follows:
[a] 
Cannabis distribution facility: two spaces per three employees on the premises at any one period of time, with a minimum of two spaces.
[b] 
Cannabis medical dispensary: one space per 150 square feet of gross leasable floor area.
[c] 
Cannabis microbusiness facility: one space per four seats, or 40 square feet of seating area or as required by the Planning Board for premises demonstrating greater parking space needs in the judgement of the Planning Board.
[d] 
Cannabis on-site consumption premises: one space per four seats, or 40 square feet of seating area or as required by the Planning Board for Premises demonstrating greater parking space needs in the judgement of the Planning Board.
[e] 
Cannabis processing facility: two spaces per three employees on the premises at any one period of time, with a minimum of two spaces.
[f] 
Cannabis retail dispensary: one space per 150 square feet of gross leasable floor area.
(b) 
Spaces in municipal parking lots, where provided, may be credited toward the parking requirements for these nonresidential uses, provided that:
[1] 
These spaces are within 400 feet of the uses to be served.
[2] 
The parking needs of existing facilities (within 400 feet and computed on the same basis as for new facilities) are satisfied first, and only excess capacity is used for this purpose.
[3] 
A special permit for such use is obtained from the Zoning Board of Appeals.
(2) 
Industrial uses.
(a) 
One space for each 400 square feet of Floor Area devoted to manufacture, including printing, publishing and laundry or dry-cleaning plants.
(b) 
One space for each 2,000 square feet of floor area devoted to storage or stationary operating equipment.
(c) 
One space for each 3,000 square feet of area devoted to outside storage, including used car lots and equipment rental or sales yards.
(d) 
For any industrial use: one space for each company vehicle.
(3) 
Public and semipublic uses.
(a) 
For places of public assembly, including churches: one space for each six seats of auditorium, gymnasium or stadium capacity.
(b) 
For elementary school or day nursery: two spaces for each classroom.
(c) 
For high school or college: five spaces for each classroom.
(d) 
For museum, art gallery institution or philanthropic use: one space for each 800 square feet of gross floor area.
(e) 
For hospital, sanatorium, nursing or convalescent home: one space for each two beds.
(f) 
For club: one space for each 200 square feet of gross floor area.
(4) 
Recreational uses.
(a) 
For dance hall: one space for each 50 square feet of dance floor area.
(b) 
For golf course, bowling alley or billiard hall: four spaces for each tee, alley or table.
(c) 
For skating rinks: one space for each 250 square feet of area available for skating.
(5) 
Residential uses:
(a) 
For dwellings: one space for each dwelling unit.
(b) 
For home occupation: one space for each employee.
(c) 
For a dentist or a doctor: two spaces, in addition to the above, for patients.
(d) 
Boardinghouse: one space for each bedroom.
(6) 
For uses not listed herein, the required number of parking spaces shall be as established by the Zoning Board of Appeals.
(7) 
The above requirements shall be construed to be minimum parking requirements. In every case, off-street parking shall be sufficient to provide parking spaces for all customers, employees, visitors, guests or other persons. Frequent parking of automobiles in public highways adjacent to such buildings or uses shall be evidence of inadequate parking spaces, and the Code Enforcement Officer, upon such evidence, may issue an order requiring more parking spaces to be provided. Failure to obey such order shall be a violation of this chapter.
B. 
Calculation of required spaces. In the case of a combination of uses, the total requirements for off-street automobile parking spaces shall be the sum of the separate requirements for the various uses, unless it can be proven that staggered hours of use would permit modification. Whenever a major fraction of a space is required, a full space shall be provided.
C. 
Dimensions of off-street automobile parking spaces. Every such space provided shall be at least 10 feet wide and 20 feet long, and every space shall have direct and usable driveway access to a street or alley, with minimum maneuver area between spaces as follows:
(1) 
Parallel curb parking: five feet end-to-end with twelve-foot aisle width for one-directional flow and twenty-four-foot aisle width for two-directional flow.
(2) 
Thirty-degree angle parking: thirteen-foot aisle width for one-directional flow and twenty-six-foot aisle width for two-directional flow.
(3) 
Forty-five-degree angle parking: sixteen-foot aisle width for one-directional flow and twenty-six-foot aisle width for two-directional flow.
(4) 
Sixty-degree angle parking: twenty-one-foot aisle width for one-directional flow and twenty-six-foot aisle width for two-directional flow.
(5) 
Perpendicular parking: twenty-six-foot aisle width for one-directional and two-directional flow.
D. 
Location of required spaces.
(1) 
In any commercial district or land used for a business purpose, no open or enclosed parking area shall encroach on any required front yard or required open area. Open parking areas may encroach on a required side or rear yard to within three feet of a property line.
(2) 
In commercial districts or industrial districts, such spaces shall be provided on the same lot or not more than 400 feet therefrom. No entrance and exit drives connecting the parking area and the Street shall be permitted within 25 feet of the intersection of two public rights-of-way.
E. 
Required off-street truck loading areas.
(1) 
For permitted general uses: one berth for 10,000 square feet to 25,000 square feet of floor area, and one additional berth for each additional 25,000 square feet of floor area unless it can be proven that truck deliveries shall not exceed one vehicle per day.
(2) 
For funeral homes: one berth for each chapel.
(3) 
For hotels, motels and vacation resorts: one berth for floor area in excess of 10,000 square feet of floor area.
(4) 
For office, business and commercial uses: one berth for 10,000 square feet to 25,000 square feet of floor area and one additional berth for each additional 25,000 square feet of floor area.
(5) 
For manufacturing and permitted industrial uses: one berth for the first 10,000 square feet of floor area and one additional berth for each additional 40,000 square feet of floor area.
F. 
Dimensions of off-street loading berths. Each required loading berth (open or enclosed) shall have the following minimum dimensions: 35 feet long, 12 feet wide and 14 feet high, except that berths for funeral homes may be 20 feet long, 10 feet wide and eight feet high.
G. 
Location of required berths.
(1) 
All off-street loading areas shall be located on the same lot as the use for which they are permitted or required. Open off-street loading areas shall not encroach on any required front or side yard, accessway or off-street parking area, except that in Commercial Districts' off-street parking areas, where they exist, may be used for loading or unloading, provided that such areas shall not be so used for more than three hours during the daily period that the establishment is open for business.
(2) 
The location, number, size and design of loading and unloading areas for nonresidential uses and the accessways thereto shall require the approval of the Planning Board prior to the issuance of a building permit or certificate of occupancy by the Code Enforcement Officer.
H. 
Construction of parking areas. Parking areas shall be paved with an all-weather surface of asphalt or concrete. The individual spaces shall be visibly marked with paint or other durable material.
I. 
Landscaping. At least 8% of the area of a lot usable for off-street parking shall be devoted to landscaping with lawn, trees, shrubs or other plant material. All loading berths and parking areas of three or more spaces that abut a residential lot line, and any parking lot for more than 20 cars, shall be screened by a six-foot-high solid masonry wall or a compact evergreen hedge or a landscaped strip of trees and shrubs so designed as to form a visual screen from the adjoining property. All parking areas and landscaping shall be properly maintained thereafter in a slightly and well-kept condition.
The Town Board may, after Planning Board review, public notice and hearing, approve the development of a parcel of land for industrial use and establish a special industrial district for such developments to be imposed on any A District, subject to the following conditions:
A. 
Location and minimum required acreage of site.
(1) 
A District, 10 acres.
B. 
Application of regulations. Individual uses and structures in an industrial district need not comply with the specific building location, height, lot size and open space requirements of the underlying basic district. The overlay superimposes the regulations for an industrial district, when an area is so zoned, upon the underlying district.
C. 
Use regulations.
(1) 
Permitted uses.
(a) 
Any use permitted by right in I District.
(b) 
Any use permitted by special permit in I District, subject to the favorable approval thereof by the Board of Appeals.
(2) 
Prohibited uses.
(a) 
Residential uses, except the dwellings of caretakers and any and all residential uses established and permitted prior to the establishment of such I District in accordance with this section shall be allowed to continue as so permitted heretofore.[1]
[1]
Editor's Note: Former Subsection C(2)(b), which regarded industrial uses and which immediately followed this subsection, was repealed 6-1-1982 by L.L. No. 1-1982.
(b) 
Any use, although expressly allowed as a permitted use, shall be prohibited if the particular application or adaptation of such use is or shall become or cause a nuisance.
(c) 
Commercial use.
D. 
Performance standards.
(1) 
General standards. The following general standards are hereby adopted for the control of uses in any industrial district, and no use shall be permitted, established, maintained or conducted therein which shall cause or be likely to cause:
(a) 
Excessive smoke, fumes, gas, dust, odor or any other atmospheric pollutants beyond the boundaries of the lot whereon such use is located. What constitutes excessive smoke shall be determined according to the Ringelmann's Scale for Grading the Density of Smoke, published by the United States Bureau of Mines, when the shade or appearance of such smoke is darker than No. 2 on said Ringelmann Smoke Chart.
(b) 
Noise perceptible beyond the boundaries of the lot occupied by such use causing the same.
(c) 
Any pollution by discharge of any waste material whatsoever into any watercourse, open ditch or land surface.
(d) 
Discharge of any waste material whatsoever into any sanitary disposal system or sewerage system, except only in accordance with the rules of and under the control of public health authorities or the public body controlling such sewerage system. Any chemical or industrial waste which places undue loads, as determined by the Town Engineer, shall not be discharged into any municipal system and must be treated by the industrial use.
(e) 
Storage or stocking of any waste materials whatsoever.
(f) 
Glare or vibration perceptible beyond the lot lines whereon such use is conducted.
(g) 
Hazard to persons or property by reason of fire, explosion, radiation or other cause.
(2) 
Specific standards. The following specific standards are hereby adopted for and must be complied with by any use in any industrial district before the same shall be permitted, established, maintained or conducted:
(a) 
Storage facilities. Materials, supplies or semifinished products shall be stored on the rear 1/2 of the property and shall be screened from any existing or proposed street.
(b) 
Loading docks. No loading docks shall be permitted on any street frontage. provisions for handling of all freight shall be located on those sides of any building which do not face on any street or proposed street.
(c) 
Landscaping. It is hereby declared that all areas of the plot not occupied by buildings, parking, driveways, walkways or storage shall be landscaped attractively with lawn, trees, shrubs or other plant material. Such landscaping shall take into consideration the natural growth presently on the premises and the nature and condition of the terrain as well as the situation of the lands and premises themselves with regard to adjoining lands and premises.
(d) 
Fences and walls. Property that is adjacent to a residential or commercial district shall be provided along such property lines with a wall, fence, compact evergreen hedge or a landscaped strip of trees and shrubs so designed as to form a visual screen not less than six feet high at the time of planting. Except for landscaped areas and parking areas, a use which is not conducted within a completely enclosed building shall be screened by a six-foot solid masonry wall, chain-link fence covered with an evergreen vine or a compact evergreen hedge. Where a front yard adjoins a street, the wall, fence or hedge shall be located no closer to the street than the depth of such required yard.
(e) 
Off-street parking and loading. Refer to § 135-24.
(f) 
Signs. Refer to § 135-27.
(g) 
Buffer strip. In addition to the fences and walls, the entire district must be separated along its outside boundary from any adjoining residential zones by a buffer strip, suitably landscaped, at least 100 feet wide.
(3) 
Proper and adequate water supply, sewage and waste disposal, other utility services and accessibility to and from public streets must be provided.
(4) 
Special consideration must be given to the traffic generated by each proposed use in an industrial district and no undue traffic volumes shall be permitted in residential streets. Such data is to be submitted with each petition for amendment. No access drive for any I District shall be within 300 feet of and on the same side of the street as a school, public library, theater, church or other public gathering place, park, playground or fire station unless a Street 50 feet or more wide lies between such access drive and such building or use.
E. 
Area and bulk regulations. Area and bulk requirements shall be in compliance with those for I Districts as set forth in the Density Control Schedule (§ 135-9) of this chapter.
F. 
The Planning Board, upon review of the proposed development, may prescribe such additional conditions as are in its opinion necessary to secure the objectives of this chapter.
G. 
Procedure.
(1) 
Application for rezoning classification of a site shall be filed by the owner or several owners jointly or by the holder of a written option to purchase the site with the Code Enforcement Office in writing, on a form required by the Town Board, and shall be accompanied by a fee in the amount as set by resolution of the Town Board[2] to help defray the cost of advertising the hearing on said petition and incidental disbursements. The applicant shall also submit the following data:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(a) 
A plan of the site and surrounding areas, drawn to scale and accurately dimensioned, showing the location of existing and proposed land use areas, lots, buildings, structures, parking and loading areas and access roads and streets, community facilities and topography.
(b) 
The use and height of each proposed building or structure, yard lines, lot coverage, the number of parking spaces in each proposed parking area and the expected flow of traffic in and out of the area.
(c) 
Any additional data as may be requested by the Planning Board in order to determine the suitability of the tract for the proposed development.
[2]
Editor's Note: See Ch. A137, Fees.
(2) 
Each application shall be referred to the Planning Board. The Planning Board shall report its recommendations thereon to the Town Board, accompanied by a full statement of the reasons for such recommendations, prior to the public hearing. If the Planning Board fails to report within a period of 45 days from the date of receipt of notice of such longer time as may have been agreed upon by it and the Town Board, the Town Board may act without such report. If the Planning Board disapproves the proposed amendment or recommends modification thereof, the Town Board shall not act contrary to such disapproval or recommendation except by adoption of a resolution passed unanimously or by 4/5 of its members, fully setting forth the reasons for such contrary actions.
(3) 
The Town Board, after submission of any proposed rezoning amendments to such other governmental agencies as shall be required by law and after receiving such governmental recommendations or the time for such agency to so report having expired, shall, by resolution, fix the time and place of the public hearing and cause notice thereof to be given by publishing a notice of the application and the time and place of the public hearing in a newspaper of general circulation in the Town of Sodus, as designated by the Town Board, not less than 10 days prior to the date of the public hearing.
In any district where permitted, a gasoline filling station shall be subject to the following regulations:
A. 
Filling stations shall be permitted only on Lots of 10,000 square feet or more with 150 feet minimum frontage.
B. 
The area for use by motor vehicles, except access drives thereto, as well as any structures, shall not encroach on any required yard area.
C. 
No fuel pump shall be located closer than 20 feet to any side lot line nor closer than 35 feet to any street line, measured from the outside edge of the fuel island.
D. 
No access drive shall be within 200 feet of and on the same side of the street as a school, public library, theater, church or other public gathering place, park, playground or fire station unless a street 50 feet or more wide lies between such service station and such building or use.
E. 
All repair work and storage shall be within a completely enclosed building which has a maximum height of 15 feet. Such repair work shall not include any body repair work or spray painting or car washing which requires mechanical equipment.
No sign or other device for advertising purposes of any kind may be erected or established in the Town of Sodus, except as follows:
A. 
Signs in agricultural zones.
(1) 
Off-Premises advertising signs are permitted with the following restrictions:
(a) 
The design, location and number of signs shall be approved by the Planning Board.
(b) 
Signs shall not exceed 20 square feet in area. Such signs shall be located at least 10 feet from the road right-of-way and shall be no higher than eight feet above the ground. A permit is needed.
(c) 
Wherever possible, the Planning Board shall limit the location of directional signs to clusters or nodes at major road intersections.
(2) 
On-premises advertising signs are permitted with the following restrictions:
(a) 
Signs identifying domestic, roadside produce stands may not exceed two in number, the combined area of which shall not exceed 40 square feet. Such signs shall be temporary, may be freestanding and, if mounted on the roof of a stand, shall be no higher than 12 feet above the ground. Such signs shall be located at least 10 feet from the road right-of-way and may not be illuminated. A permit is needed.
(b) 
Signs identifying a business or activity carried out in or in connection with a residence other than a home occupation, may not exceed one in number and 20 square feet in area. If freestanding, such signs shall be located at least 10 feet from the road right-of-way and shall be no higher than eight feet above the ground. They may be illuminated but may not be flashing. A permit is needed.
(c) 
Signs identifying a commercial or industrial activity, other than listed above, shall not exceed two in number for any single property. The combined area of both signs shall not exceed 100 square feet. Such signs shall be located at least 20 feet from road right-of-way and shall be no higher than 12 feet above the ground. Such signs can be illuminated but may not be flashing. A permit is needed.
B. 
Signs in Residential R-1 and W-R Zones.
(1) 
Signs identifying the name or address of the occupants of the premises shall not exceed one square foot in area.
(2) 
Signs advertising the sale, lease or rental of the premises on which the sign is located shall not exceed one in number and four square feet in area and may not be directly or indirectly illuminated. Such signs shall be temporary. No permit is needed.
(3) 
Signs identifying the name of a residential area or subdivision may be permitted at each major entrance to the area. Such signs shall not exceed 20 square feet in area and shall be no higher than eight feet above the ground. They shall be landscaped and may be illuminated but may not be flashing. A permit is needed.
(4) 
Signs advertising a residential area or subdivision that is under construction may be permitted at each major entrance to the area. Such signs shall not exceed 20 square feet in area and shall be no higher than eight feet above the ground. Such signs shall be removed by the subdivider upon completion of construction of all the houses in the subdivision. The certificate of occupancy for the final house in the subdivision shall not be issued until all advertising signs are removed. The subdivider shall be responsible for the maintenance of such signs. A permit is needed.
(5) 
Signs identifying a home occupation, as permitted in this chapter, may not exceed one in number or two square feet in area and may be indirectly illuminated. If freestanding, such signs shall be located at least 10 feet from any lot line and shall be no higher than two feet above the ground. A permit is needed.
(6) 
Signs identifying a nonresidential land use in a residential area may not exceed one in number and two square feet in area. If freestanding, such signs shall be located at least 10 feet from any lot line and the road right-of-way line and shall be no higher than two feet off the ground. They may be illuminated but may not be flashing. A permit is needed.
(7) 
All signs, except those which may be required by law, shall be located on the premises to which they relate and may not overhang any public right-of-way.
C. 
Signs in Residential R-2 and C-2 Zones.
(1) 
Signs identifying the name of an apartment building or multifamily complex may not exceed one each for each building or one for each major entrance to the multifamily complex. Such Signs may not exceed 10 square feet in area and shall be no higher than four feet above the ground unless they are wall signs. If freestanding, such signs shall be landscaped. They may be illuminated, but they may not be flashing. A permit is needed.
(2) 
Signs identifying any professional service or commercial activity located in a multiple-family building or complex shall be placed in one central location and shall not exceed one in number. The total combined area of all signs included in such grouping shall not exceed 20 square feet unless services are rendered by one person, in which case, sign area shall not exceed 10 square feet. Such signs shall be no higher than four feet above the ground. If freestanding, such signs shall be landscaped. They may be illuminated but may not be flashing. A permit is needed.
D. 
Signs in Commercial C-1 Districts.
(1) 
Shopping center, mall or plaza.
(a) 
Signs identifying such a commercial enterprise shall not exceed one in number and 200 square feet in area. Such signs may be freestanding or attached to the facade of the building and shall be no higher than 25 feet above the ground. Such signs shall be located at least 50 feet from any lot line or street right-of-way line. They may be illuminated but may not be flashing. A permit is needed.
(b) 
Signs (exterior) identifying an individual business in the shopping center, mall or plaza shall not exceed one for each business. Such signs shall be wall signs: they may be projecting signs or extend above the roof but could be hung from a canopy covering a public walkway. Such signs shall be no larger than 10% of the area of the business facade which they identify. They may be illuminated but may not be flashing. A permit is needed.
(c) 
No off-premises outdoor advertising signs shall be permitted on a shopping center, mall or plaza site.
(2) 
Other than shopping center, mall or plaza.
(a) 
Signs identifying on-premises commercial and service establishments, except as listed below, shall not exceed two in number for each premise, one of which may be freestanding. The combined area of both signs may not exceed 50 square feet, and no single sign may exceed 60% of the maximum total area permitted. Such signs shall be no higher than eight feet above the ground and, if freestanding, shall be located at least 20 feet from any lot line, may not extend over any right-of-way and shall be landscaped. Such signs may be illuminated but may not be flashing. A permit is needed.
(b) 
Signs identifying on-premises new or used automobile sales and service establishments shall not exceed three in number for each premise, two of which may be freestanding. The combined area of all three signs shall not exceed 200 square feet, and no single sign shall exceed 50% of the maximum total area permitted. If freestanding, such signs shall be located at least 20 feet from any lot line and may not project over any public right-of-way. They shall be no higher than 20 feet above the ground and may be illuminated but may not be flashing. No pennants or other fluttering or flashing devices are permitted. A permit is needed.
(c) 
Signs identifying any home occupation or industrial establishment in a roadside commercial strip shall have the same controls as those in residential or industrial areas.
(3) 
Gasoline service stations.
(a) 
Signs identifying a gasoline service station shall not exceed three in number, only one of which may be freestanding. Freestanding signs shall not exceed 40 square feet in area and shall be no higher than 20 feet above the ground. They shall not project beyond the right-of-way and, if illuminated, may not be flashing.
(b) 
The total of all signs identifying a gasoline station and its services and products shall not exceed 100 square feet. No banners, pennants, streamers or similar moving or fluttering devices shall be permitted.
E. 
Signs in Industrial (I) Zone.
(1) 
Signs identifying the name of an on-premises industrial processing or research establishment shall not exceed two in number. The combined area of both signs shall not exceed 100 square feet, and no single sign shall exceed 60% of the maximum total area permitted. Unless located on a building facade, such signs shall be no higher than 20 feet above the ground. If freestanding, they shall be located at least 20 feet above the ground and shall be landscaped. Such signs may be illuminated but shall not be flashing. No pennants or other fluttering or flashing devices and no strings of lights shall be permitted. A permit is needed.
(2) 
Signs identifying an outdoor storage, sales or display activity which is considered industrial land use shall not exceed one in number and 50 square feet in area. Such signs shall be located at least 20 feet from any lot line or road right-of-way and shall be no higher than eight feet above the ground. If freestanding, they shall be landscaped. Such signs may be illuminated but may not be flashing. No pennants or other fluttering or flashing devices and no string of lights shall be permitted. A permit is needed.
(3) 
Signs identifying a residential or commercial land use shall have the same controls as those in a residential area or commercial zone.
F. 
General regulations. In addition to the specific sign regulations as set forth in the preceding subsections, the following general requirements apply to all signs:
(1) 
Temporary signs. All signs of temporary nature, such as posters, banners, promotional services, campaign and other signs of similar nature, may be granted a temporary permit for a period not to exceed 45 days, provided that such signs are not attached to fences, trees, utility poles or the like, and, further, provided that such signs are not placed in a position that will obstruct or impair vision of traffic or in any manner create a hazard or disturbance to the health and welfare of the general public. The Code Enforcement Officer, after five days' written notice to the permit holder to remove such signs and after the failure of the permit holder to do so, shall cause said sign to be removed.
(2) 
Attachment to buildings. All signs attached to buildings shall be adequately secured in a manner approved by the enforcement officer and shall be maintained as necessary to keep them secure and safe.
(3) 
Construction and installation. All electrical wiring used in signs shall conform to the requirements of the Board of Underwriters. No sign shall be installed so as to obstruct access to a fire escape or required door or window.
(4) 
Unsafe and unlawful signs. If the enforcement officer finds that any sign or support structure is unsafe or insecure or is a menace to the public or has been erected or installed and maintained in violation of the sign regulations, a written notice shall be presented to the person responsible for or receiving the permit for such sign. If the sign or structure is not removed or corrected to comply with the written notice, it may be removed or corrected by the Town at the sign owner's cost. Any sign or structure which is an immediate danger may be removed by the Town summarily and without notice.
(5) 
Outdated and deteriorated signs. Any sign which is no longer identifying or advertising a bona fide place, activity or product or is in a state of disrepair shall be altered or removed by the person responsible for such sign or the person having the beneficial use of the sign, building or lot upon which such sign is located, after written notice from the Enforcement Officer. If alteration or removal does not occur within a sixty-day period, the Town shall cause such alteration or removal at the owner's expense.
(6) 
Design restrictions.
(a) 
No sign visible from the street shall use the word "stop" or "danger" or any word, phrase, symbol or character or any shape or color that simulates a public safety, warning or traffic sign.
(b) 
No sign shall be permitted which is directly or indirectly illuminated in a manner which directs the beams or rays of light at any portion of the highway or is so bright as to cause glare or otherwise impair the vision of a passing motorist.
(7) 
Nonconformity. In the event that a sign is erected prior to the effective date of this section, which sign does not conform with the provisions and standards of this section, the requisite permit, as provided herein, shall be granted for each sign or other advertising structure for a period of time not exceeding a period of five years, after which time the sign shall be modified to conform with the Town standards or removed.
G. 
Permits.
(1) 
Application for permits. Application for a sign permit shall be made in writing upon forms prescribed and provided by the Code Enforcement Officer and shall contain the following information:
(a) 
Name, address and telephone number of applicant.
(b) 
Location of building, structure or land to which or upon which the sign is to be erected.
(c) 
A detailed drawing or blueprint showing a description of the construction details of the sign and showing the lettering and/or pictorial matter composing the sign and the position of lighting or other extraneous devices; and a location plan showing the position in feet to the nearest buildings or structures, to any private or public street or highway and to property lines.
(d) 
Written consent of the owner of the building, structure or land to which or on which a sign is to be erected in the event that the applicant is not the owner thereof.
(e) 
A copy of any required or necessary electrical permit issued for any sign or a copy of the application.[1]
[1]
Editor's Note: Former Subsection G(2), which regarded fees for permanent signs and which immediately followed this subsection, was repealed 12-2-1981 by L.L. No. 2-1981.
(2) 
Issuance of permit. It shall be the duty of the Code Enforcement Officer, upon the filing of an application for a permit to erect a sign, to examine such plans, specifications and other data submitted to him with the application and, if necessary, the building or premises upon which it is proposed to erect the sign or other advertising structure. If it shall appear that the proposed sign is in compliance with all of the requirements of this section or, when required, has been approved by the Planning Board or Board of Appeals, the Code Enforcement Officer shall, within 15 days of such application or approval, issue a permit for the erection of the proposed sign. If the sign authorized under any such permit has not been completed within six months from the date of the issuance of such permit, the permit shall become null and void, but may be renewed within 30 days from the expiration thereof for good cause shown, upon payment of an additional fee as set by resolution of the Town Board.[2]
[2]
Editor's Note: See Ch. A137, Fees.
(3) 
Revocation of permit. In the event of a violation of any of the foregoing provisions, the Code Enforcement Officer shall give written or personal notice, specifying the violation to the named owner of the sign and/or the named owner of the land upon which the sign is erected, sent to the addresses as stated in the application for the sign permit, to conform or remove such a sign. The sign shall thereupon be conformed by the owner of the sign and the owner of the land within 30 days from the date of said notice. In the event that such sign shall not be so conformed within 30 days, the Code Enforcement Officer shall thereupon revoke the permit, and such sign and supporting structure shall be removed by the named owner of the sign and/or the named owner of the land.
Excavations for the purpose of soil mining, such as gravel pits, quarrying or any subsoil removal, shall be allowed only by special permit in A and I Districts, subject to § 135-23B and the following provisions:
A. 
Before a special permit is issued, the applicant shall submit to the Planning Board two copies of a map at a scale of one inch equals no more than 100 feet, showing all land within 200 feet thereof, with exact locations of all buildings, streets, utilities, drainage or other easements, watercourses, lot lines, block and lot numbers and names of the land owners. Such map shall also show the present topography at two-foot contour intervals. The map shall be signed by a licensed engineer or land surveyor for certification of its accuracy.
B. 
The applicant shall also submit to the Planning Board two copies of the proposed plan of excavation at the same scale as above, showing the proposed finished elevations at one-foot contour intervals and the proposed drainage plan.
C. 
During excavation or quarry operations, open pits and quarry walls shall be protected by a fence at least five feet high which shall be sufficient to warn persons or vehicles coming into the area of the existence of the quarry or excavation.
D. 
No rock crusher, cement plant or other crushing, grinding, polishing or cutting machinery or either physical or chemical process for treating the product of such excavation shall be permitted.
E. 
The proposed finished grading plan shall show the land to be smooth-graded and topsoil respread to a minimum depth of four inches; slope shall not exceed the normal angle of repose of the material removed.
F. 
The applicant shall be required to furnish a performance bond in an amount determined by the Town Board to be sufficient to guarantee completion of the finished grading and drainage plan. Such bond shall be released only upon certification by the Code Enforcement Officer that all requirements, including the finished grading and drainage, have been complied with.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
G. 
No special permit for excavation operations or soil mining shall be granted for a period of more than three years, but such permit may be extended for an additional two years upon approval of the Board of Appeals.
H. 
Upon approval, one copy of the approved excavation plan shall be returned to the applicant by the Code Enforcement Clerk, together with the special permit, upon the payment of a fee in an amount as set by resolution of the Town Board[1] to cover all engineering and other costs directly attributable to the approval and office and field checking of the proposed soil mining operations.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[1]
Editor's Note: See Ch. A137, Fees.
A. 
No manufactured home, except as permitted in Subsections C and D below, shall be located or occupied outside an approved manufactured home park (see § 135-30).
B. 
Any manufactured home located on an individual lot outside an approved manufactured home park at the time of adoption of this chapter may be replaced on the same lot within 365 days after the original nonconforming manufactured home is removed; provided, however, that all of the setback, side yard and lot size requirements of this chapter and other applicable ordinances are met, including the placement of the manufactured home unit on a permanent foundation meeting the standards of the New York State Building Code.[1]
[1]
Editor's Note: Former Subsection C, regarding the numbering of trailers placed on farms for the use of employees, which immediately followed this subsection, was repealed 6-1-1982 by L.L. No. 1-1982.
C. 
Manufactured homes may be used to house migratory farm workers, provided that all such structures shall be set back a minimum of 200 feet from any road or highway shall meet other requirements of this chapter and may not be occupied for more than nine months out of any one year.
No burial or memorial plots or buildings shall be located closer than 50 feet to any residential lot line, except that when a dense evergreen hedge or a wall or landscaped strip at least six feet in height providing complete visual screening from all adjacent residential property is provided, burial or memorial plots of less than six feet in height may be located no closer than 20 feet to any residential lot line. Crematories shall be located only in cemeteries.
No person shall undertake to construct any new building or structure in the Town of Sodus without first meeting the requirements for a system or facilities for the separate disposal of waterborne sewage, domestic or trade wastes in accordance with applicable regulations of the Town, the New York State Department of Health and other governmental authorities.
A. 
In order to promote the health and general welfare of the community and to preserve and make available open space, the Town Planning Board may grant a developer the right to vary the residential density within a tract to be developed (but not maintained) under single ownership, leaving a substantial area free of building lots. The right to vary the density shall be subject to the following conditions:
(1) 
The proposed residential development must create an attractive residential environment: produce a total average density as specified in § 135-9; provide aggregate open space not less than that required in the district in which it is located; have population density which will offer no adverse influence; and guarantee permanent retention of open areas and ensure care and maintenance of open space.
(2) 
Development must start within one year of the date of approval and be completed within a reasonable time; it must be consistent with the spirit and intent of this chapter; and plans must be prepared with competent professional advice.
B. 
Townhouse developments. In R-2 Districts where townhouse units are planned, there shall be no more than eight townhouse units in any contiguous group. The gross population density and building intensity of any area are to remain unchanged and conform to the average density and maximum coverage requirements of the zoning district in which such area is situated; however, lot dimensions may be reduced as follows:
(1) 
The minimum lot size shall be no less than 2,000 square feet.
(2) 
The rear yard shall be a minimum of 25 feet and side yards at the ends of each unit must be at least 25 feet each.
C. 
Single-family detached houses. Single-family detached houses may be grouped in clusters on minimum lot sizes as follows and shall have a minimum front yard of 50 feet, minimum side yards of 15 feet each and a minimum rear yard of 50 feet.
(1) 
A Districts: 40,000 square feet.
(2) 
R-1 Districts: 10,000 square feet.
D. 
Special designs:
(1) 
In cases where a developer has designed special groups of dwellings and garages, the Planning Board, after inspecting plans and elevations, may approve smaller minimum lot sizes than those in Subsection C above, provided that the sanitary systems are approved by the State Health Officer, that the average density does not exceed that permitted within the zoning district in which the land occurs and that the layout is not detrimental to the health and general welfare of the community.
(2) 
For each square foot of land gained within a residential subdivision through the reduction of lot size below the required average density requirements as set forth in this chapter, equal amounts of land shall be preserved and maintained as open land and the development rights thereto shall be conveyed to the Town of Sodus.
(3) 
The balance of the land not contained in the lots or the road right-of-way, if provided, shall be contiguous and of such size and shape as to be usable for recreation or agriculture.
(4) 
Such land shall be held in corporate ownership by the owners of lots within the development, and the developer shall incorporate into the deeds of all property within the development a clause giving to the owners an interest in such open land which shall be used for recreation only. No structure other than those incidentals to the recreational use shall be permitted thereon.
(5) 
Open land shall be a minimum of three acres and shall be subject to taxation, unless it is deeded to the Town. In the case of such tracts of five or more acres, the developer may petition the Town to take over the land to be used in perpetuity as open space.
E. 
Any residential development proposed under the provisions of this section shall follow all applicable procedures, standards and requirements of Chapter 109, Subdivision of Land, of the Code of the Town of Sodus.
A. 
The area of the Town which is subject to aircraft landings and takeoffs, as delineated on the Zoning Map, is designed as an Airport District for the purposes of protecting human life, preventing material losses and reducing the aggravation to the public of the noise and hazards of low-flying aircraft.
B. 
In the P District, no Structure shall be erected, constructed, reconstructed, altered or moved for residential purposes. The only uses permitted, by right or special permit, are listed in the permitted use schedule, § 135-6, and in general are limited to accessory structures normally associated with the storage and servicing of aircraft. No structure shall be constructed within an area formed by the runway and an extension of the center line for a distance of 1,000 feet from either end of the runway and for a distance of 300 feet to either side of the center line of the runway.
A camp to house labor and/or farm workers may be situated in an A or A-R District, but all structures shall be set back a minimum of 200 feet from any road or highway. Such camp and structures shall comply with all State Health Department requirements. Should manufactured homes be used to house laborers and/or farm workers, such manufactured homes shall be set back a minimum of 200 feet from any road or highway and, in other respects, shall comply with all provisions of Chapter 83, Manufactured Home Parks, of the Code of the Town of Sodus.
A. 
Statement of intent. The intent of this district is to define areas in the Town of Sodus where special control over land development adjacent to major traffic routes is considered essential in order to maintain the traffic-carrying function, to improve safety conditions for vehicles entering on or using such routes and to increase the aesthetic quality of development along such roads. It is recognized that standard zoning controls are not adequate to provide the type of review and regulation needed to control land use along major roads and that the absence of such controls has contributed to a continued deterioration of the level of traffic service and safety which can be provided by such roads. It is further intended that the HDC District not be substituted for the standard zone district or districts that may exist in any area that has been designated as being subject to HDC control. Rather, the HDC District is to be superimposed on the standard zone districts and represents an additional level of review and regulations related specifically to maintaining the efficiency and safety of the highway or street under consideration.
B. 
Applicability. The Town considers accomplishment of the intent of this section of sufficient importance to its long-range planning program to warrant the special review and approval of each proposal for Development in the HDC District, including:
(1) 
Each new land use or activity.
(2) 
Each change from one permitted land use or activity to another.
(3) 
Each request for a variance from use or area regulations.
(4) 
Each extension or enlargement of existing land uses or activities.
C. 
District description. For the purposes of this section, the HDC District regulations will apply along State Route 104 in the Town of Sodus from the Williamson Town line easterly to the intersection of Route 104 and the Penn Central Railroad Right-of-Way west of the Village of Sodus, and between a line located 250 feet north of the center line of the main track of said railroad and a line located 500 feet south of the center line of State Route 104.
D. 
Permitted uses. All the permitted uses as set forth in § 135-6 for the basic zone underlying the HDC District are permitted, except that all uses are subject to Subsection E below.
E. 
Preview and approval procedure.
(1) 
Any application for a building permit in an HDC District shall be referred immediately to the Town Planning Board for review. Such referral shall include sufficient information to enable the Planning Board to make a determination as to compliance with the regulations set forth in Subsection F below. Additional information shall be supplied by the applicant if requested.
(2) 
Planning Board action shall be taken within 60 days from the date that the application is filed with the Town. The Planning Board may approve, approve subject to conditions or disapprove. Failure of the Board to take one of the three possible actions shall be tantamount to approval of the application and the applicant shall be entitled to a building permit. By mutual agreement between the Planning Board and applicant, Board action may be delayed beyond said sixty-day period if additional time is needed to get more detailed plans and Development information. Notification of such delay shall be transmitted to the Code Enforcement Officer by the Planning Board.
F. 
Highway development control regulations. In reviewing plans and site development proposals in HDC Districts, the Planning Board shall be guided by the regulations set forth in this subsection as well as the regulations for the basic zone district in which such proposal is located. When contradiction occurs, the most restrictive provisions shall apply.
(1) 
Front yard setback: at least 90 feet from the highway right-of-way.
(2) 
Service roads. A service road with a fifty-foot right-of-way shall be provided parallel to the major road. When the Planning Board determines that the frontage involved in any single proposal is not sufficiently wide to permit construction of an efficient service road, an easement 50 feet wide for the construction of a future service road and running across the property adjacent to the right-of-way of the major road shall be provided. No development shall occur within the easement that will prevent such construction from happening.
(3) 
One access from the major road to each individual parcel shall be permitted if no service road is required by the Planning Board. Such access shall be no wider than 30 feet and shall be well defined by curbs and provided with a hard surface. An additional access may be permitted if the applicant can demonstrate that this is required for safety and that no other effective design solution is possible. A combined access drive serving two or more properties will be required when the site design can be arranged to make this possible.
(4) 
A ten-foot landscaped strip adjacent to front and side property lines shall be maintained, except that one such side yard strip may be omitted when this area is to be used for a combined driveway. Development within such landscaped strip shall not be permitted.
(5) 
Parking lots which will be visible from the major road and contain more than 15 parking spaces shall be landscaped to provide visual relief to large expanses of pavement.
(6) 
All parking areas are to be drained and paved with a material that will provide a hard, dust-free surface.
(7) 
A landscaping plan showing the location, size and species of all plant material to be used shall be submitted for all proposed land uses except agriculture and single-family detached residential development.
(8) 
Outdoor lighting shall not exceed an average maintained horizontal value of 1.5 footcandles except at road access points, where a three-footcandle value shall be permitted. Light sources shall produce no glare on the major road or adjacent properties.
(9) 
No more than two identification or advertising signs shall be permitted on any single property, one of which may be freestanding. The area of any sign shall not exceed 30 square feet or one square foot of sign for every five linear feet of road frontage, whichever is greater. In no case shall any sign exceed 65 square feet in area or be higher than 20 feet above the ground surface. No illuminated sign shall be animated or flashing. No sign shall be located on the required fifty-foot service road easement.
A. 
Purpose. The purpose of this section is to define and permit certain uses when licensed by the State of New York related to cannabis products as principal use in specified districts subject to special use permitting requirements and site plan review. The Town Board declares its intent to permit such licensed uses, as defined herein, as principal uses in the districts as set forth above subject to site plan review by the Planning Board and a special use permit issued by the Zoning Board of Appeals. The Town Board finds that the uses of cannabis businesses are similar to and consistent with other principal commercial uses already separately permitted in the Town's commercial and industrial districts. The regulations established hereunder, however, are necessary and desirable to protect the public health, safety, welfare and environmental resources, provide a regulatory pathway for the cannabis industry consistent with state regulations, foster a healthy, diverse and economically viable cannabis industry that contributes to the local economy, and ensure that environmental, public health, safety and nuisance factors related to the cannabis industry are adequately addressed.
B. 
New York Cannabis Law controls. This section incorporates relevant provisions of the Cannabis Law, as may be amended from time to time. To the extent that any provision of this law conflicts with the Cannabis Law, the Cannabis Law is controlling.
C. 
Personal use or cultivation for personal use not prohibited in any district. This law does not apply to personal cannabis use or home growing of cannabis for personal use as permitted in the Cannabis Law.
D. 
New York cannabis licenses required. All cannabis businesses in the Town must be licensed by the State of New York. Licenses must be provided to the Town before business operations commence. Renewed licenses must be provided to the Town within 30 days of receipt.
E. 
Cannabis delivery. Cannabis delivery is permitted in the Town in compliance with the Cannabis Law.
F. 
Permitted locations and separation requirements. In order to protect young people from inducements to use cannabis and reduce youth exposure and potential access to cannabis as well as exposure of vulnerable populations receiving treatment for drug or alcohol addiction or abuse, and to mitigate potential risk to the population from drivers who have engaged in on-premises cannabis use and whose psycho-motor skills and driving abilities may be impaired, given the challenges presented in assessing service limits to impaired patrons, the absence of standard serving sizes and the duration and onset of impairment, all unlike with alcohol, and the Town having limited public transit options, the following distance and separation requirements are established.
(1) 
No approval or permit shall be granted to a cannabis business proposed to be located within 500 feet of the legally defined boundaries recorded in the County Clerk's office of any park, playground, athletic field, preserved or conserved land open to the public, day care center or drug or alcohol treatment facility. Distances required under this subsection shall be measured from property line to property line, along the shortest distance between property lines, without regard to the route of normal travel.
(2) 
No approval or permit shall be granted to a cannabis business proposed to be located within 500 feet of any playground or recreational facility owner and operated by a homeowners' association or similar organization serving a community of residences.
(3) 
No approval or permit shall be granted to cannabis on-site consumption premises or cannabis retail dispensaries proposed to be located within 750 feet of the exterior of any existing dwelling unit or house of worship.
(4) 
No approval or permit shall be grated to cannabis microbusiness facilities proposed to be located within 500 feet of the exterior of any exiting dwelling unit.
(5) 
Cannabis medical dispensaries, cannabis on-site consumption premises and cannabis retail dispensaries shall be separated each other by at least 750 linear feet as measured from the nearest property line, without regard to the route of normal travel.
G. 
Site plan review and special permit application. Cannabis businesses must receive site plan approval from the Town Planning Board and a special use permit from the Town Zoning Board of Appeals. An applicant for site plan approval and special use permit shall submit the following additional information as part of its application:
(1) 
A site plan.
(2) 
A summary of business operations, including information on traffic implications; i.e., car/truck trips per day.
(3) 
A copy of the application to the Cannabis Control Board.
(4) 
A copy of the license required by the Cannabis Law.
(5) 
Contact information for individuals responsible for business operations, including mobile phone and email addresses.
(6) 
A completed Part I of the environmental assessment form, and such other documentation as the Planning Board or Board of Appeals may deem necessary to comply with the State Environmental Quality Review Act (SEQRA).
(7) 
A security plan.
(8) 
Fire suppression system details.
(9) 
Any other information reasonably requested by the Code Enforcement Officer, Zoning Board of Appeals or the Planning Board to review the proposed cannabis business.
H. 
Special use permit considerations.
(1) 
Special use permit requirement for cannabis businesses. Following site plan review and approval by the Planning Board, special use permit review shall be required for cannabis businesses.
(2) 
Pursuant to Town Law § 274-b, the Board of Appeals is hereby authorized to review and approve, approve with modifications, or disapprove special use permits for cannabis businesses.
(3) 
The application for the special use permit shall contain the same information as required for a site plan application and such additional information as the Board of Appeals may require the applicant to supply relating to, among possibly others, the relationship of the proposed special use to factors such as public safety, noise, odors, traffic impact, operation schedule of the special use and the public welfare.
(4) 
A special use permit authorizes only the activity expressly described in the application and approved permit materials.
(5) 
The Board of Appeals shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed special use permit. Upon the granting of said special use permit, such conditions must be met in connection with the issuance of permits by applicable enforcement agents or officers of the Town.
(6) 
A special use permit for cannabis businesses shall expire one year after it is first issued, and upon change in property ownership or property transfer. After the first year of operation of the cannabis business, the Board of Appeals may issue a renewed special use permit with such terms and conditions as the Board of Appeals deems appropriate with expiration date one year or longer after making a determination that the cannabis business has complied with the terms of the special use permit as well as all applicable laws and regulations.
I. 
Additional requirements for cannabis medical dispensaries, cannabis on-site consumption premises and cannabis retail dispensaries. Sites containing cannabis on-site consumption premises and cannabis retail dispensaries shall be subject to the following additional requirements:
(1) 
Provision of sufficient lighting and security to prevent the use of the premises as a loitering place during and after hours of operation. A written security plan shall be submitted with each site plan application and shall be referred to the Town of Sodus Chief of Police for review and approval.
(2) 
Provision of adequate facilities and personnel for disposal of trash and other debris.
(3) 
Provision for continuing maintenance of the exterior of the building and the grounds, including landscaping, signs and policing of litter.
(4) 
Sales products and paraphernalia items related to the preparation or consumption of product shall not be visible offsite or form a public right-of-way.
(5) 
Outside use of sound-reproduction devices, including but not limited to loudspeakers and amplifiers on the premises shall be prohibited.
J. 
Maximum gross floor area for cannabis medical dispensaries and cannabis retail dispensaries. The maximum gross floor area for cannabis retail dispensaries shall be 6,000 square feet.
K. 
State license requirement. A cannabis distribution facility, cannabis medical dispensary, cannabis microbusiness facility, cannabis on-site consumption premises, cannabis processing facility and cannabis retail dispensary must have a valid license issued by the State of New York to be considered a permitted use. An expiration or revocation of a license by the state shall be deemed to automatically terminate the special use permit or other Planning Board approvals permitting the use. Any applicant who receives a special use permit and who decides to proceed with the special use does so realizing that the special use permit and all its rights to continue that use shall terminate as provided herein. The applicant, in accepting a special use permit, acknowledges and agrees that such special use permit confers no rights or privileges other than those specifically contained therein. This provision is intended to and does supersede and amend Town Law § 274-b.
L. 
Preexisting uses. Any existing cannabis medical dispensary use of a building or part thereof as of the effective date of this section shall be deemed a confirming use of the exiting building or part thereof.
M. 
Separability. If any section, subsection, sentence, clause, word, or phrase of this section is for any reason held to be unconstitutional or invalid, such decision shall not affect its remaining portions. The Town Board hereby declares it would have passed this section and each section and subsection thereof irrespective of the fact that any one or more if its sections, subsections, clauses or phrases may be found by the court to be unconstitutional or otherwise invalid.
N. 
Effective date. This section shall take effect upon filing with the Secretary of State.