A.
General. Accessory uses are permitted in connection with and incidental
to a permitted principal use and in compliance with the restrictions
of this section. An accessory use shall not include a use that is
not permitted in the district or that alters the character of the
premises on which it is located or impairs the surrounding neighborhood.
An accessory use shall be located on the same lot with the use to
which it is accessory.
(1)
A photovoltaic system intended to be installed on a property, on
which there exists a permitted primary use, be considered a permitted
accessory use.
[Added 5-26-2015 by L.L.
No. 2-2015]
(2)
A photovoltaic system as a permitted accessory use may be installed
as either a rooftop mount or within current setbacks as a ground mount.
[Added 5-26-2015 by L.L.
No. 2-2015]
(3)
A photovoltaic system installed on vacant land, in other words, such
that the system be the primary use, requires a special use permit.
[Added 5-26-2015 by L.L.
No. 2-2015]
(4)
A preexisting nonconforming lot may install a roof-mount photovoltaic
system as an accessory permitted use.
[Added 5-26-2015 by L.L.
No. 2-2015]
B.
Unattached accessory structures. Accessory structures that are not
attached to a principal structure may be erected in accordance with
the following requirements:
(1)
An accessory structure not exceeding 12 feet in height may occupy
not more than 30% of a required rear yard.
(2)
No accessory structure shall be located within five feet of side
or rear lot lines.
(3)
Accessory structures must be located equal to or behind the setback
of the principal structure.
(4)
No accessory structure shall be located closer to the street than
the front yard setback required for a principal structure in the district
in which such accessory structure may be located.
(5)
For corner lots, the setback from the side street shall be the same
for accessory buildings as for principal buildings.
C.
Attached accessory structures. When an accessory structure is attached
to the principal building, it shall, in all respects, comply with
the yard requirements of this chapter applicable to the principal
building.
A bed-and-breakfast establishment is permitted in accordance
with the Bulk and Use Tables, subject to the following standards:
A.
A bed-and-breakfast shall only be established in a single-family
detached dwelling.
B.
A maximum of five guest rooms shall be permitted in any one bed-and-breakfast
establishment.
C.
No food preparation, except beverages, is allowed in individual guest
rooms. Meal service may only be provided to overnight guests, except
in the case of special events or similar functions.
D.
All parking areas on the property (except driveways) shall be behind
the required building setback line and shall be screened from the
view of adjacent residences to a height of six feet by a solid screening
fence or by dense shrubs and vegetation.
E.
The operator of the bed-and-breakfast shall be a full-time owner-occupant
resident of the dwelling in which the bed-and-breakfast establishment
is housed.
F.
The Planning Board shall use as criteria for the granting of a special
use permit:
(1)
The square footage of the property dedicated to the use of the business
compared to the total square footage of the building or buildings
intended for the business usage.
(2)
Adequate parking site adjacent to or available to the building intended
for the use.
(3)
Use of surrounding properties and density of dwellings proximate
to the subject property.
(4)
Upon renewal, violation of any law, rule, regulation or ordinance
of the Town of Williamson, the State of New York or the United States
of America arising out of the use of the property as a bed-and-breakfast.
(5)
Any other matter which impacts (either positively or negatively)
upon the zone where the special permit is intended to be used or upon
the community as a whole.
G.
The Planning Board shall have the authority to impose additional
reasonable conditions and restrictions as are directly related to
and incidental to the proposed bed-and-breakfast establishment.
H.
Special use permits for bed-and-breakfasts shall expire 10 years
from issuance, or upon sale of the building so used, or upon the owner
no longer continuously occupying and operating the business, whichever
shall sooner occur.
Boat storage and repair shall be permitted only as an accessory
use on property principally permitted for marina use and shall conform
to the following additional limitations and standards:
A.
The size and location of all boat facilities, where permitted, shall
be consistent with the Bulk and Use Tables.
B.
All out-of-water boat repairs shall be within a fully secured and
fenced area not accessible by the general public.
C.
All boat repair work shall have containment areas and employ disposal
methods for pollutants and toxic substances consistent with any local
and state standards (i.e., NYSDEC).
D.
Only those boats and similar vessels that will be immediately and
actively under repair shall be moved to or placed within a designated
boat repair facility.
A.
Purpose and intent. It is the intent to provide, where suitable,
for conversion of preexisting single-family dwellings which, because
of oversize or other condition, cannot reasonably be continued. In
such cases, a special permit may be granted for conversion of the
existing structure to accommodate additional families in the A-1,
MU-1 and MU-2 Districts only, where multifamily and two-family housing
are permitted either by right or by special use permit.
B.
Criteria. A special permit is required prior to any conversion of
a single-family dwelling to a two-family or multifamily dwelling.
The special permit shall require that the following are complied with:
(1)
No extension to the principal structure shall be made or additional
exterior entrances created except as may be necessary for a secondary
egress in the form of an outside stairway. No modifications shall
be made within sight from a street.
(2)
No exterior changes are made which, in the judgment of the Planning
Board, do not conform to the single-family character of the neighborhood.
(3)
No parking space provided to meet the requirements of the applicable
Bulk and Use Tables shall be located within a required front yard
or block egress from another parking space.
(4)
Sufficient off-street parking must be provided for the proposed unit, as required by the regulations set forth in the bulk and use requirements established for each zoning district as set forth in Article II of this chapter.
(5)
The floor area of the principal dwelling shall equal at least 1,250
square feet, and each additional dwelling shall equal at least 750
square feet.
(6)
The lot on which the structure is located must conform to the lot
requirements for two-family dwellings, as required by the district
in which it is located.
A.
Location. The locations of all buildings on corner lots and on lots
extending between two parallel streets shall comply with the following
requirements: any yard on an improved street shall be a front yard,
one other yard shall be a rear yard, and any other yards shall be
side yards.
A.
Purpose and intent. The purpose of these regulations is to reduce
the loss of agricultural resources in the Town of Williamson by limiting
the circumstances under which customary agricultural operations shall
be deemed a nuisance and to allow such practices necessary for the
business of farming to take place free of unreasonable and unwarranted
restriction.
B.
Customary agricultural operations conducted on farmland in districts
permitted shall not be found to be a public or private nuisance if
such practices are:
(1)
Reasonable and necessary to the farm or farm operation.
(2)
Conducted in a manner which is not negligent or reckless.
(3)
Conducted in conformity with generally accepted agricultural practices.
(4)
Conducted in conformity with all local, state and federal laws and
regulations.
(5)
Conducted in a manner which does not constitute a threat to public
health and safety or cause injury to health or safety of any person.
(6)
Conducted in a manner which does not unreasonably obstruct the free
passage or use of public roadways.
C.
Controversies. Any issue or controversy that arises and cannot be
resolved directly between the parties involved and is not addressed
by other laws and regulations may be referred to the Town of Williamson
Town Board for open hearing and recommendations.
A.
Purpose and intent. The purpose of this section is to protect the
safety, public health, convenience and general welfare of the inhabitants
of the Town of Williamson by providing regulations pertaining to the
design and layout of drive-through establishments which have substantial
impact upon the character of the Town of Williamson and upon traffic,
utilities and services therein.
B.
Applicability. This section applies to all uses identified as permitting a drive-through facility, either by right or by special use permit, as identified in the Bulk and Use Tables for each established district as provided in Article II of this chapter.
C.
Criteria. In considering whether or not to approve a special use
permit for a drive-through establishment, the Planning Board shall
consider its impact on traffic patterns, the character of the community,
and shall carefully consider site design and layout. Drive-through
establishments may be permitted, provided that the following are complied
with:
(1)
The capacity of the drive-through stacking lanes shall not interfere
with the overall traffic flow within the parking lot. A length of
180 feet by 10 feet in width of space shall be available for on-site
vehicular stacking. Stacking lanes shall be clearly delineated with
striping, curbing or landscaping and physically separate from the
public sidewalk to the main entrance and from the on-site parking
area to the main entrance.
(2)
Noise-emitting electronic devices or speakers shall not be audible
from surrounding residential property, and decibel levels should not
exceed 60 dBA, measured at the property line.
(3)
The minimum distance requirement from the drive-through speaker box
to a residential structure must be greater than or equal to 100 feet.
(4)
Menu boards shall be limited to a maximum of 30 square feet with
a maximum height of six feet and should be shielded from any public
street and residential properties.
A.
Purpose and intent. This section is intended to provide for the proper
disposal of waste materials.
B.
Dumping, piling or accumulation of refuse, garbage (other than in
closed containers which are regularly emptied in a lawful manner),
waste material, scrap or other noxious substances is prohibited in
the Town of Williamson.
A.
Docks for boating and swimming facilities are subject to required
state permits and standards. The width of the deck of a pier or dock
shall not exceed eight feet.
B.
Individual private docks for the exclusive use of an adjacent residential
unit shall be permitted.
C.
Any dock that has more than two boat mooring spaces shall be considered
a marina.
D.
Only one dock per lot shall be permitted in the L-R District, except
as part of an approved planned unit development.
E.
Piers, docks, decks, platforms and boathouses shall be single story.
They may be roofed but shall not be designed to allow second-story
use.
F.
Setbacks. The minimum setback from any side property line is 10 feet,
except that shared facilities may be located adjacent to or on both
sides of a property line upon agreement of the affected property owners
and approval by the Williamson Town Board.
A facility accommodating storage for more than eight boats shall
contain a minimum lot area of one acre plus 3,000 square feet per
boat slip or dry storage space.
A.
Intent
and purpose.
(1)
The
State of New York has established programs to encourage the use of
electric vehicle charging stations.
(2)
The
purpose of this section is to support and enable the use of indoor
and outdoor residential EVSE charging stations by providing a straightforward
Town permit process with reasonable controls to protect the health,
safety, and general welfare of residents in the Town of Williamson.
This code will leverage the work of the State of New York Energy and
Research Development Authority (NYSERDA) the U.S. Department of Energy,
the National Electrical Code (NEC) and the National Fire Protection
Association (NFPA) to provide the regulation foundation.
B.
Permits
required. No person, firm or corporation, being the owner or occupant
of any land or premises within the Town of Williamson, shall use or
permit the use of said land or premises for the construction or installation
of an electric vehicle charging station without meeting the permit
requirements and obtaining site plan approval as defined herein.
C.
Permit
code requirements. Refer to NYSERDA EVSE template Section 2 through
625.28.
D.
Indoor
sites. Refer to NYSERDA Indoor Sites Section 625.29 in the template.
E.
Outdoor
sites. Refer to NYSERDA Outdoor Sites 625.30 in the template. NOTE:
NYSERDA amp and volt requirements needs must be considered by the
applicant. The template for the most part covers equipment rated at
125 volts, 15 amperes or 20 amperes. The Town may allow a simplified
form if the conditions in the template are met and the residence has
electrical service to the house of at least 200 amps and the EVSE
does not exceed 200 amps.
F.
Permit
application. The applicant must utilize and submit the permit application
provided by the Town of Williamson and include a simple site diagram,
a sample of which is attached to the permit. The application includes
a certification that all of the requirements identified in this section
have been met.
G.
The Town
of Williamson encourages referring to the NYSERDA guidelines and requests
the applicant to provide a simple sample site plan and electrical
diagram as described in the NYSERDA template. The Building Inspector/Zoning
Code Officer office has available for the applicant’s review
the National Electrical Code requirements for solar installation as
referenced in the template checklist.
A.
Purpose and intent. These regulations are intended to protect the
health, safety and well-being of occupants of farm labor camps and
to promote the general welfare of the Town of Williamson.
B.
Farm labor camps are considered to be supplemental to the agricultural
use of the property. A farm labor camp is allowed exclusively in association
with the performance of commercial agricultural labor and must be
located on an operating farm.
C.
Labor camps occupied by five or more persons, one or more of whom
are employed as laborers in farm activities, must meet the requirements
of the New York State Sanitary Code (10 NYCRR Part 15, Migrant Farmworker
Housing).
D.
Location. The operator shall locate housing facilities only:
(1)
Where an approved water supply is available;
(2)
Where approved sewage disposal facilities are provided;
(3)
Where drainage conditions will not create a health or safety hazard;
(4)
Where traffic conditions will not create a safety hazard;
(5)
In buildings other than those used to house livestock or poultry;
and
(6)
Where farm or other activities do not create excessive noise which
would endanger health.
A.
Purpose and intent.
(1)
The purpose of these regulations is to provide land use regulations
that allow farmers in Williamson to market their produce directly
to local customers, travelers and tourists.
(2)
The intention of the code is to strike a balance between creating
new opportunities to enhance farm family revenues, rural tourism,
and neighborhood services while protecting the surrounding residents
from a proliferation or an excessive scale of a traditional retail
store or convenience market within the A-1, L-R, R-1, MU-1, MU-2,
C-2 and I-1 Districts of the Town of Williamson. The code uses variables,
including farm family ownership, structure size, types of products
sold as measured by floor space, a list of specific exclusions, and
the use of a special permit, to provide judgment/public input on appropriate
locations for the larger-scale farm market.
(3)
Williamson recognizes farming as a cornerstone of the Town's
economy and rural character. The code provides some flexibility, beyond
the right to sell one's own produce, to draw customers who otherwise
would not stop. However, the vision of a mature farm market is one
that not only is profitable, but where farm produce is always predominant,
and the remaining products sold reflect a demonstrable tie to agricultural
produce, farming heritage, and farm family creation. Non-brand-name
cottage industry products and packaging should be prevalent.
(4)
Any person may erect a farm market or farm stand in districts where permitted and sell agricultural products from the same premises, provided that the property otherwise complies with this chapter and the standards set forth herein. The authorized official, Building and Zoning Officer, pursuant to Article II of this chapter, shall permit any such market and its related accessory structures.
(5)
Portable carts, wagons, tables or stands consisting of 35 square
feet or less, which sell agricultural products grown on the site,
are exempt from these regulations.
B.
General standards.
(1)
The farm stand or farm market shall be set back from any public right-of-way
in compliance with the bulk and use regulations in the district in
which it is proposed. The yard or setback area shall be kept clear
to provide unobstructed visibility for motorists.
(2)
There shall be safe ingress and egress from the site as determined
under review of the site plan by the Planning Board.
(3)
Site plan and/or special use permit approval shall be contingent
upon satisfactorily addressing the impact on adjacent properties,
the environment, and pedestrian and motorist safety.
C.
Farm stands.
(2)
The site plan for a farm stand shall include the information listed in § 178-85 of the Williamson Code.
(3)
Parking spaces for farm stands are exempt from § 178-54 of the Williamson Code regarding handicapped parking.
(4)
No electrical wiring or hookups of any kind are allowed.
(5)
Farm stands not used for a period of three consecutive years shall
be removed from the premises at the landowner's expense.
D.
Farm markets.
(2)
Applications for special use permits for farm markets shall be accompanied
by a drawing that shows the proposed roof and exterior wall treatments,
including construction materials and colors.
(3)
One two-hundred-square-foot off-street parking space shall be provided
for each 200 square feet of gross floor space area, with a minimum
of at least three parking spaces, including provisions for handicapped
parking.
(4)
Farm market operations are permitted to sell produce and horticultural
products, subject to the following:
(a)
On an annual basis, 40% of the gross floor space shall be devoted
to produce and horticultural products.
(b)
Other permitted activities allowed shall include farm tours,
hayrides, U-pick operations, light lunches and educational activities
related to agriculture. Activities not expressly stated shall require
a special use permit.
(c)
Food franchises are prohibited in any farm market operation.
(5)
Outside storage and display of produce and plant materials shall
be permitted on all portions of the property, with the exception of
areas where traffic site distances will be impacted.
(6)
Outside storage and display of all other items accessory and incidental
to a farm market operation shall be in approved areas, no less than
50 feet from any property line other than the public right-of-way.
The size of said storage area shall be buffered in a manner that will
not create a nuisance to adjacent properties.
(7)
No petroleum products, alcoholic beverages, lottery tickets, tobacco
or magazines may be sold or dispensed at farm markets.
(8)
No subleasing is permitted with the farm market.
(9)
The farm market operation may be conducted 12 months per year.
It is the purpose of this section to regulate the location,
height and appearance of fences in all zoning districts to provide
uniform enhancement, security and privacy to property. Fencing which
legally existed prior to the adoption of this chapter may continue
as long as it is properly maintained and kept in substantial repair.
The replacement or repair of any fencing existing prior to the adoption
of this section must be done in-kind or must comply with the regulations
set forth herein.
A.
General requirements.
(1)
A building permit is required prior to installation of a fence.
(2)
Fences shall be maintained to provide functional, visual and structural
integrity.
(3)
Any fence shall have its most pleasant or decorative side facing
the adjacent properties.
(4)
No back-to-back boundary fencing shall be permitted unless an abutting
fence is owned by an adjacent property owner.
B.
Height, location and setback.
(1)
All fencing must be constructed within property boundaries.
(2)
Height of fencing is to be measured from the top of the fence to
the ground directly beneath the fence. Fencing must follow the natural
contour of the land. In the case of a retaining wall, the height shall
be measured from the average of the ground levels at each end of said
retaining wall.
(3)
Front yard fencing. No fence shall exceed 42 inches in height in
the front yard.
(4)
Boundary fences. No portion of fence located behind the front facade
shall exceed six feet in height.
(5)
Fencing erected or maintained between the facade of a building, excluding
porches, and a public right-of-way, shall be no more than three feet
in height.
(6)
Decorative caps located on top of the fence posts shall be excluded
from the height measurement but shall not exceed 12 inches in height
and width.
(7)
Walls under 18 inches in height are exempt from requirements of this
section.
(8)
Fences for the purpose of preventing deer from entering orchards
shall be allowed. Height shall not exceed eight feet and shall be
made of four-inch to six-inch woven or metal mesh.
C.
Construction materials.
(1)
Fencing shall be constructed of materials commercially available
for fencing purposes and shall be uniform in appearance.
(2)
Front yard fencing shall be of open-type construction (split rail,
picket or the like). Solid and chain-link-type fencing shall not be
permitted in the front yard.
(3)
Fences incorporating barbed wire, electric current or similar materials
or devices shall be allowed only when such property is being used
for public utility operations or for farming purposes.
(4)
Fences constructed of wood, iron, wood and iron rods, wire or stone
are permitted when the property on which they are located is used
for farming or the housing and containment of animals.
D.
Corner lots. Rear and side street yard fencing on a corner lot shall
be permitted to extend toward the street for purposes of boundary
fencing, provided that a minimum setback of three feet from the property
line which parallels the street is maintained. The height of fencing
shall be no more than three feet in height.
Regulations for golf courses are as follows:
A.
No building shall be located within 50 feet of any property line.
B.
Retail sales are permitted when clearly secondary to the principal
use.
C.
Illuminated signs and other lights shall be directed away or shielded
from adjoining residential properties in such a way as not to disturb
the occupants thereof.
D.
No public address system shall be permitted, except where such system
is inaudible at any property line.
A.
General application. No building or structure shall have a greater number of stories, nor have an aggregate height of a greater number of feet, than is permitted in the district in which such building or structure is located, except as noted elsewhere in this chapter. Height regulations for each district are outlined in the Bulk and Use Tables located in Article II of this chapter.
B.
Permitted exceptions to height regulations.
(1)
Chimneys, cooling towers, elevators, bulkheads, fire towers, gas
tanks, grain elevators, steeples, water towers, ornamental towers
or spires, communication, radio or television towers or necessary
mechanical appurtenances may be erected as to their height in accordance
with existing or hereafter adopted ordinances of the municipality,
provided that no tower other than a church spire or tower of a public
building shall exceed the height regulations by more than 40%.
(2)
No towers shall be used as a place of habitation or for tenant purposes.
(3)
No sign, nameplate, display or advertising device of any kind whatsoever
shall be inscribed upon or attached to any chimney, tower, tank or
other structure which extends above the height limitations.
A.
The purpose of this section is to accommodate small-scale, owner-occupied
businesses, trades or professions within the A-1, R-1, MU-1 and MU-2
Districts. In accommodating such activities, it is the intent that
there will be no degradation of the character, functionality or quality
of life of neighborhoods in which these activities occur. A home occupation
shall be conducted in a manner which does not give the outward appearance
of a nonresidential use or business being conducted on the premises,
does not infringe on the right of neighboring landowners to the quiet
enjoyment of their land, and does not alter the land use pattern of
the district in which the lot is located.
B.
A home occupation is an occupation or profession which:
(1)
Is customarily carried on in a dwelling unit or a building or other
structure accessory to a dwelling unit.
(2)
Is clearly incidental or secondary to the use of the dwelling unit
for residential purposes.
(3)
Is carried on by a member of the family residing in the dwelling
unit.
(4)
Conforms to the following conditions:
(a)
The occupation or profession shall be carried on wholly within
the dwelling or within a building accessory to the dwelling.
(b)
No more than one person outside the family shall be employed
in a home occupation.
(c)
The home occupation shall not generate traffic beyond that normally
expected in the particular zoning district. Any need for parking generated
by such use shall be provided in an off-street area.
(d)
There shall be no exterior display, no exterior storage of materials,
no other display of goods where they will be visible from the outside,
and no other exterior indication of the home occupation (except for
a nameplate not exceeding two square feet placed flat on the wall
of building) or variation from the residential character of the building.
(e)
No articles shall be offered for sale other than those produced on the premises. Entrepreneur resellers of goods on internet want-ad and auction sites, including but not limited to eBay, Craigslist and Want-Ad Digest, are exempt from this subsection but are not, however, exempt from the other provisions of Subsection B(3).
(f)
No offensive odor, noise, vibration, smoke, dust, heat or glare
or other objectionable effects shall be produced.
C.
A home occupation includes, but is not limited to, the following:
professional offices of a physician, dentist, lawyer, design professional,
accountant, real estate broker or insurance salesman; arts and crafts
studios; music teaching (no more than two students at a time); tailor;
tutoring (no more than two students at a time); hairdresser.
Regulations for hotels and motels are as follows:
A.
Illuminated signs and other lights shall be directed away from or
shielded from adjoining residential properties in such a way as not
to disturb the occupants thereof.
B.
Accessibility. A guest room shall be accessible from an internal
hallway, except for first- and second-floor units, which may have
direct access from a parking area, covered porch, interior courtyard
or swimming pool instead of, or in addition to, interior hallway access.
C.
Screening. In addition to any other screening and landscaping requirements
imposed by this chapter, hotels/motels shall provide screening of
ground-mounted satellite, HVAC (other than HVAC equipment serving
an individual unit) and auxiliary power equipment by means of a masonry
screening wall or a wrought-iron (tubular steel) fence with a living
screen, either of which shall be of sufficient height to block visibility
of the equipment from view at the property line.
Kennels shall be subject to the following requirements:
A.
General. Sites with preexisting natural resource features, including
woodlots and wetlands, are encouraged to incorporate those existing
natural resource features into proposed site plans. The removal of
significant natural features is discouraged.
B.
Enclosed uses. Any enclosed use, as may be required by this chapter
to be landscaped in accordance with this subsection, shall provide
a fence, screen or landscaping sufficient to obscure such use from
view from abutting properties lying in L-R, R-1, MU-1 or MU-2 District
or from public rights-of-way.
C.
Unenclosed uses. Any use which is not conducted within a completely
enclosed building, including and similar to, but not limited to, automobile
salvage and wrecking operations, outdoor storage yards, and junkyards
and lumber and building material yards, shall be enclosed by a substantial
and solid fence or suitable natural hedge, with openings only for
access and egress; shall be at least eight feet in height; shall be
kept in good order and repair; shall not be located nearer than 200
feet to any residential/commercial district; shall have no storage
outside of the solid fence; and shall be no nearer than 30 feet to
any public highway right-of-way line. This section shall not apply
to nurseries or to displays for sale purposes of new and used cars,
trucks, trailers, bicycles, motorcycles, farm equipment or mobile
homes.
D.
Approval by the Planning Board. Plans and site designation for the installation of required fences or landscaping shall be reviewed by the Planning Board, as provided in Article V, prior to the issuance of the building permit for such uses as are required by this chapter to be provided with such fences or landscaping.
E.
Maintenance. Any fencing or landscaping installed in accordance with
this section shall be maintained in good order to achieve the objectives
of this section. Failure to maintain fencing or to replace dead or
diseased landscaping shall be considered as a violation of this chapter.
[Amended 10-11-2016 by L.L. No. 1-2016]
A.
The following regulations apply to all districts that allow large
animals:
(1)
Manure shall not be allowed to accumulate so as to cause a hazard
to the health, safety or welfare of humans and/or animals. The outside
storage of manure in piles shall not be permitted within 100 feet
of any property line.
(2)
The applicant shall provide a specific plan to the Planning Board
which includes the physical containment and location for manure storage
and/or a disposal program which minimizes odor and fly impacts in
adjacent parcels. The spreading and tilling of manure into the soil
of paddock, pasture or arena areas may be considered manure disposal.
(3)
Any large animal shall be enclosed in a pen, corral or run area and
confined by a chain link fence or other fence constructed of similarly
effective material, except when necessary to remove them for training,
breeding or other similar purposes. All pasture and animal storage
areas shall be enclosed with fences or walls of a minimum of four
feet six inches in height. The design of these enclosures shall be
shown on drawings submitted with the use permit application.
(4)
The front setback for accessory buildings housing large animals shall
be at least 75 feet from the front lot line. Under no circumstance
shall a stable or other structure housing large animals be located
closer to the street than the primary structure located on the property.
All other accessory structures shall adhere to the setback requirements
of the district in which they are permitted.
(5)
The side and rear setback for the keeping of large animals must be
consistent with the minimum setbacks for large animal fencing.
(6)
Dwelling units, accessory structures incidental to dwelling units,
and irrigated pasture may occur within the seventy-five-foot setback
area subject to the setback requirements of the applicable zoning
district.
(7)
Large animals may not be kept on vacant lots situated between two
existing residential properties.
B.
The following regulations shall apply to all districts that allow
private stables and commercial stables:
(1)
The minimum property size for a private or commercial stable shall
be two acres plus one additional acre for every horse. The minimum
lot size for one horse shall therefore be two acres.
(2)
There shall be no shows or other activities which would generate
more traffic than is normal to a residential area. Permission for
such shows and activities may be obtained from the Planning Board.
Notification shall be provided in a letter that explains the nature
and duration of the activity and accommodations for spectators, traffic
and additional parking for cars and trailers. This letter shall be
submitted to the Town Clerk at least one month prior to the date of
the show or activity.
(3)
All laws applicable to the public health must be complied with for
the entire period of operation of the stable.
(4)
Upon renovation of the use permit or abandonment of a commercial
stable operation, any accessory residential structures constructed
for the housing of employees of the commercial stable operation shall
be removed.
A.
Large-scale developments include any permitted land use which can
be expected to generate more than 300 vehicular trips per day.
B.
Large-scale developments shall not be permitted when the following
conditions appear likely to result:
(1)
Traffic congestion which will exceed the present capacity of the
Town's road system.
(2)
An overburdening of the Town's utility or municipal services.
(3)
A concentration of people or facilities in a proportion likely to
alter the character of the Town as provided for in the Williamson
General Plan.
[Amended 10-11-2016 by L.L. No. 1-2016]
Regulations for livestock fencing are as follows:
A.
Materials. A fence of wood, iron, chain link, wood and iron rods
or wire and stone, at least four feet high and not to exceed six feet
in height, shall be deemed a lawful fence. No fence of any kind which
is composed in whole or in part of, or to which there is or has been
added, barbed wire, razor wire or any barbed wire type of fencing
material shall be permitted in any district without prior approval
of the Town Planning Board.
A.
Lot width. The minimum lot width of any lot shall be measured along
the minimum building setback line as required for the district in
which it is located.
B.
Corner lots. At all street intersections, no obstruction to vision
(other than an existing building, post, column or tree) exceeding
30 inches in height above the established grade of the street at the
property line shall be erected or maintained on any lot within the
triangle formed by the street lot lines of such lot and a line drawn
between the points along such street lot lines 50 feet distant from
their point of intersection.
A.
Ancillary uses associated with marina operations, such as fueling,
repairs and maintenance, hauling and storage, retail sales, and yacht
club facilities, including restaurant or lounge, are permitted when
approved as part of the special use permit in the MU-2 or L-R District.
B.
Ancillary uses to marinas are subject to any additional regulations
set forth for that use, including boat storage and repair and docks.
Manufactured home parks are subject to further regulations as set forth in Chapter 113 of the Town of Williamson Code, Mobile Homes.
A.
Purpose and intent. The purpose of this section is to mitigate potentially
harmful impacts stemming from the presence and operation of motor
vehicle service stations by controlling ingress and egress, setbacks,
buffers, and operations.
B.
In addition to the information required for site plan review, the
site plan submitted shall also show the location and number of fuel
tanks to be installed, the dimensions and capacity of each storage
tank, the depth of placement below the ground, the number and location
of pumps to be installed and the type of structure and accessory buildings
to be constructed.
C.
Location of exits and entrances. No motor vehicle service station
shall have an entrance or exit for vehicles within 200 feet, as measured
along the public street, of an existing school, public playground,
church, chapel, convent, hospital or public library, and such access
shall be no closer than 30 feet to any intersection.
D.
Location
of oil drainage pits and hydraulic lifts. All oil drainage pits and
hydraulic lifts shall be located within an enclosed structure and
shall be located no closer than 50 feet from any property line.
E.
Gasoline pumps. Gasoline service stations shall have their gasoline
pumps, including other service facilities, set back at least 30 feet
from any street line.
F.
Storage tanks. Storage tanks not in use which have been deemed hazardous
shall be removed.
G.
The entire area of the site traveled by motor vehicles shall be hard-surfaced.
H.
Any repair of motor vehicles shall be performed in a fully enclosed
building, and no motor vehicle shall be offered for sale on the site,
except in accordance with an approved site plan. No motor vehicle
parts or partially dismantled motor vehicle parts or partially dismantled
motor vehicles shall be stored outside of an enclosed building.
I.
Up to five unlicensed motor vehicles may be temporarily stored, for
a period not to exceed two months, at a repair or service establishment
if adequate off-street parking spaces are available.
J.
Landscaped area. A five-foot-wide landscaped area shall be provided
along all gasoline service station property lines, excluding points
of ingress and egress and property lines adjacent to existing commercial
uses. The landscaped area shall be densely populated with a mixture
of shrubs, trees and fence to create a screen.
K.
Accessory uses; gasoline service stations. Other than the sale of
cigarettes, candy, soft drinks and other items from vending machines
in an effectively screened area, the following accessory uses shall
be permitted in gasoline service stations only pursuant to a special
use permit procedure:
(1)
Convenience stores. This retail business establishment may be permitted
as an accessory and subordinate use subject to the following regulations:
(a)
The total building area shall occupy no more than 30% of the
lot. "Building area" excludes canopy covers, pump islands, and product
dispensers.
(b)
The Zoning Board of Appeals and the Planning Board shall have
the authority to impose such reasonable conditions and restrictions
as are related to, and incidental to, the proposed accessory use.
Such conditions shall be consistent with the spirit and intent of
this chapter and shall be imposed for the purpose of minimizing any
adverse impact such use may have on the neighborhood or community
and to protect, preserve and advance the intent of this chapter.
(c)
Accessory goods for sale may be displayed outdoors on the pump
island and the building island only. The outdoor display of oil cans
and/or antifreeze and similar products may be placed on the respective
island if provided for in a suitable stand or tank.
L.
The architecture, materials, and color scheme of canopies over pump
islands shall be consistent with and reflect the design of the primary
building of the establishment. Illumination originating from a canopy
shall only be directed towards the ground. Canopies shall not be any
larger than is necessary to contain extinguisher systems, fuel supply
systems, and other necessary utilities.
M.
No new or used motor vehicles shall be sold or exhibited for sale
on any part of the lot.
In reviewing the proposed site plan for one or more multifamily
structures, the Planning Board will be guided by the following regulations:
A.
Maximum length of rows.
(1)
The maximum length of any group of attached structures shall not
exceed 100 feet. A building group may not be so arranged as to be
inaccessible to emergency vehicles.
(2)
The front or rear of any building shall be no closer to the front
or rear of any other building than 40 feet.
(3)
The side of any building shall be no closer to the side, front or
rear of any other building than 30 feet.
B.
Distance between buildings and driveways. With the exception of an
attached garage or carport, no driveway or parking lot should be closer
than 25 feet to the front of any building nor closer than 10 feet
to the side or rear of any building.
C.
Recreation space. There shall be provided on the site of such development
an area or areas devoted to the joint recreational use of the residents
thereof. Such recreation space shall consist of no less than 400 square
feet of space per dwelling unit. Each such recreation space shall
be developed with passive and active recreation facilities and maintained
by the management or owner.
D.
Off-street parking spaces. There shall be provided on the site of
such development an area or areas devoted to the storage of automobiles.
Three parking spaces shall be provided for each two dwelling units
on the site. Parking areas shall contain a minimum of 200 square feet
per space, excluding all driveway areas.
E.
Landscaping. Trees and shrubs shall be provided along all walks and
streets, around recreation areas and along the outer property line
of the site. Trees shall be planted at intervals of 50 feet where
feasible.
A.
Off-street parking. In all districts, in connection with every manufacturing,
business, institutional, recreation, residential or any other use,
there shall be provided, at the time any new building or structure
is erected, off-street parking spaces open to the public at no charge
for automobiles, in accordance with the requirements set forth herein.
(1)
Size and access. Each off-street parking space shall have an area
of not less than 200 square feet, exclusive of access drives or aisles,
and shall be of usable shape and condition.
(2)
Lot surfacing. All parking lots shall be improved with a hard surface
or pervious pavement system as approved by the Building and Zoning
Officer or Planning Board in instances when site plan approval is
required.
(3)
Accessible parking requirements. A minimum number of ADA accessible
parking spaces must be provided based on the ratios provided in the
Accessible Parking Table.
|
Accessible Parking Table
| ||
|---|---|---|
|
Total Parking Spaces On Site
|
Minimum Required Accessible Spaces
| |
|
1 to 25
|
1
| |
|
26 to 50
|
2
| |
|
51 to 75
|
3
| |
|
76 to 100
|
4
| |
|
101 to 150
|
5
| |
|
Greater than 150
|
4% of total
| |
(4)
Number of parking spaces required. The number of off-street parking
spaces required shall be established by use as defined in the Off-Street
Parking Schedule. The minimum number of spaces may be reduced, with
approval of the Planning Board, with approval of a shared parking
agreement or when documentation is provided that the minimum requirements
are not necessary in a particular development circumstance.
(5)
Off Street Parking Schedule.
|
Use
|
Minimum Number of Spaces
| |
|---|---|---|
|
Adult uses
|
2 per 1,000 square feet of total floor area
| |
|
Apartment building
|
1 per unit
| |
|
Assembly use
|
3 per 1,000 square feet of total floor area
| |
|
Bar, tavern or nightclub
|
5 per 1,000 square feet of total floor area
| |
|
Bed-and-breakfast
|
1 per guest room
| |
|
Boat launch
|
Not applicable
| |
|
Brewery
|
1 per every 1,000 square feet of total floor area
| |
|
Building, mixed-use
|
Cumulative based on individual uses within building
| |
|
Building, office
|
3 per 1,000 square feet of total floor area
| |
|
Building, public
|
3 per 1,000 square feet of total floor area
| |
|
Contractor's yard
|
1 per employee
| |
|
Convenience store
|
2 per 1,000 square feet of total floor area
| |
|
Cultural facility or museum
|
2.5 per 1,000 square feet of total floor area
| |
|
Customary agricultural operations
|
1 per employee
| |
|
Day-care facility
|
1.5 per employee
| |
|
Day care, family home
|
2 per unit
| |
|
Distillery
|
2 per 1,000 square feet of total floor area
| |
|
Dry cleaning outlet or facility
|
2 per 1,000 square feet of total floor area
| |
|
Dry storage (boats)
|
0.2 space per dry storage slip
| |
|
Dwelling unit
|
2 per single-family unit, 1.5 per 2-family unit, 1 per multifamily
unit
| |
|
Farmers' market
|
2.5 per 1,000 square feet of usable sales area
| |
|
Farm market
|
3 per 1,000 square feet of total floor area
| |
|
Farm stand
|
Not applicable
| |
|
Funeral home
|
3 per 1,000 square feet of total floor area
| |
|
Garden center
|
4 per 1,000 square feet of total floor area
| |
|
Golf course
|
1 per 2 employees, plus 10 parking spaces per hole, plus 1 per
every 1,000 square feet of total clubhouse floor area
| |
|
Greenhouse, commercial
|
2 per 1,000 square feet of total floor area
| |
|
Greenhouse, wholesale
|
2 per 1,000 square feet of total floor area
| |
|
Hospital
|
1 per employee, plus 1 space per every 2 beds, plus 1 space
for every 200 square feet of total floor area in waiting room(s)
| |
|
Hotel or motel
|
1.2 per guest room
| |
|
Industry, heavy or light
|
1 per employee
| |
|
Inn
|
1 per guest room
| |
|
Junkyard
|
0.5 per employee, plus 1 per every 5,000 square feet of total
lot area
| |
|
Laundry, self serve
|
2 per 1,000 square feet of total floor area
| |
|
Kennel
|
1 per 1,000 square feet of total floor area
| |
|
Marina
|
0.5 space per wet slip, plus 0.5 space per employee
| |
|
Microbrewery
|
3 per 1,000 square feet of total floor area
| |
|
Microdistillery
|
3 per 1,000 square feet of total floor area
| |
|
Motor vehicle salesroom
|
2 per 1,000 square feet of total floor area
| |
|
Motor vehicle service station
|
1 per 1,000 square feet of total floor area
| |
|
Movie theater
|
1 per 5 seats
| |
|
Outpatient health center
|
3 per 1,000 square feet of total floor area
| |
|
Performing arts venue
|
1 per 5 seats
| |
|
Place of worship
|
1 per 5 seats
| |
|
Recreation, indoor commercial
|
3 per 1,000 square feet of total floor area
| |
|
Residential care facility
|
1.5 per room
| |
|
Restaurant
|
8 per 1,000 square feet of total floor area
| |
|
Restaurant, fast-food
|
8 per 1,000 square feet of total floor area
| |
|
Retail, big box
|
3 per 1,000 square feet of total floor area
| |
|
Retail, goods and services
|
3 per 1,000 square feet of total floor area
| |
|
Retail, shopping center
|
3 per 1,000 square feet of total floor area
| |
|
School
|
1.5 per employee
| |
|
Self-storage facility
|
1 per 1,000 square feet of total floor area
| |
|
Stable, commercial
|
1.5 per 2 stalls
| |
|
Veterinary clinic
|
1 per 1,000 square feet of total floor area
| |
|
Warehouse, wholesale or distribution center
|
1 per employee
| |
|
Winery
|
1 per employee, plus 2 per 1,000 square feet of total floor
area open to the public (additional parking may be required for additional
ancillary uses, such as an on-site restaurant)
| |
|
Wine tasting shop
|
1 per employee, plus 2 per 1,00 square feet of total floor area
| |
|
Yacht club
|
0.5 space per wet slip, plus 0.5 space per employee, plus 2
spaces for every 1,000 square feet of clubhouse total floor area
|
B.
Off-street loading.
(1)
In any district, in connection with every building or building group
or part thereof thereafter erected and having a gross floor area of
4,000 square feet or more, which building is to be occupied by manufacturing
or commercial uses or other uses similarly requiring the receipt or
distribution by vehicles of material or merchandise, there shall be
provided and maintained, on the same lot with such building, off-street
loading berths or unloading berths as follows:
(a)
From 4,000 square feet to 50,000 square feet: one space
(b)
From 50,000 to 100,000 square feet: two spaces.
(c)
For each additional 100,000 square feet: one additional space.
(d)
The loading berth required in each instance shall be not less
than 12 feet in width, 25 feet in length and 14 feet in height and
may occupy all or any part of any required yard.
(e)
No off-street loading space shall be closer than 50 feet to
any residential property.
C.
Shared use of parking facilities. In the MU-1 and MU-2 Mixed-Use
Districts, a nonresidential use may make arrangements with another
nonresidential use that normally has different hours of operation
to share off-street parking spaces if approved by the Planning Board.
The shared parking shall comply with all of the following standards.
(1)
Location. Shared parking facilities shall be located within 500 feet
from the primary entrance of all uses served.
(2)
Agreement for shared parking. A shared parking plan shall be enforced
through written agreement among the owners of record. An attested
copy of the agreement shall be submitted to the Planning Board. A
shared parking agreement may be revoked by the parties to the agreement
only if off-street parking is provided pursuant to this section and
the regulations outlined in the Off-Street Parking Schedule. Should
any uses change or the facilities discontinued, then the required
spaces for the remaining use(s) shall be provided elsewhere as a condition
precedent to the continuation of the subject use(s).
Regulations for outdoor storage of materials are as follows:
A.
Such uses shall not be located within 200 feet of the nearest L-R,
R-1, MU-1 or MU-2 District, and the operation thereof shall be governed
by the following provisions and any other conditions as may be required
by the Zoning Board of Appeals to protect the public health, safety,
comfort, convenience and general welfare and especially with regard
to abutting properties and the occupants thereof.
B.
No junkyards or automobile wrecking yards shall be permitted within
200 feet of the right-of-way of State Route 104.
C.
A five-foot-wide landscaped area shall be provided along all property
lines, excluding points of ingress and egress and property lines adjacent
to existing commercial uses. The landscape area shall be densely populated
to create a sufficient screen.
D.
Flammable and explosive liquids. Highly flammable or explosive liquids,
solids or gases shall be stored either above ground or below ground,
in accordance with Section C510, regarding equipment for flammable
liquid inside and outside, of the State Building Construction Code.
Tanks or drums of fuel directly connected to heating devices or appliances
located on the same premises as the tanks or drums of fuel are excluded
from this provision.
F.
Deposit of wastes. 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.
G.
Other hazardous materials. All 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.
All uses shall comply with the following:
A.
Sound. The volume of sound inherently and recurrently generated shall
be controlled so as not to become a nuisance to adjacent uses.
B.
Vibration. An operation which creates intense earthshaking vibration,
e.g., heavy drop forges or heavy hydraulic surges, shall not be discernible
beyond the property lines of the industry.
C.
Radioactivity. No operation shall be permitted which causes radioactivity in violation of Title 10, Chapter 1, Part 20, Code of Federal Regulations, "Standards for Protection Against Radiation," dated June 16, 1957, or any subsequent revision or amendments.
D.
Odor. No emission of odorous gas or other odorous matter in such
quantity as to be readily detectable at any point along lot lines
without use of instruments shall be permitted.
E.
Toxic or noxious matter. No discharge beyond lot lines of any toxic
or noxious matter in such quantity as to be detrimental to or to endanger
the public health, safety, comfort or welfare, or cause injury or
damage to property or business, shall be permitted.
F.
Glare. No direct or reflected glare shall be detectable from any
residential or mixed-use district boundary (i.e., L-R, R-1, MU-1 or
MU-2).
G.
Heat. No direct or reflected heat shall be detectable from any residential
or mixed-use district boundary (i.e., L-R, R-1, MU-1 or MU-2).
H.
Dust and fly ash. No solid or liquid particles shall be emitted in
such quantity as to be readily detectable at any point along lot lines
or as to produce a public nuisance or hazard beyond lot lines.
I.
Smoke. No smoke shall be emitted in such quantity as to become a
nuisance.
A.
Streamlined photovoltaic permitting process. Simply use the NYSERDA
required New York State Unified Solar Permit Template prepared by
NY-Sun. The Town of Williamson encourages referring to the NYSERDA
guideline and requesting the applicant to provide a simple sample
site plan and electrical diagram as described in the NYSERDA template.
The Building Inspector/Zoning Code Officer office has available for
the applicant's review the National Electrical Code requirements
for solar installation as referenced in the template checklist.
(1)
Requirements for application submittal.
(a)
A combined building and electrical permit for a grid-tied photovoltaic
(PV) system will be issued pending proper completion of forms, submission
of approved plans and approval by the municipality. All applicants
must submit:
[1]
Unified Solar Permit for Small-Scale Photovoltaic Systems Eligibility
Checklist.
[2]
Two sets of plans that includes a one-line or three-line electrical
diagram. The electrical diagram required by NYSERDA for an incentive
application and/or utility for an interconnection agreement can be
used here.
(b)
Specification sheets for all manufactured components. If these
sheets are available electronically, a Web address will be accepted
in place of an attachment, at the discretion of the municipality.
(2)
Permit review and inspection timeline. Permit determinations will
be issued within 14 days upon receipt of complete and accurate applications.
The Town will provide feedback within seven days of receiving incomplete
or inaccurate applications. If an inspection is required, a single
inspection should be sufficient and will be provided within 14 days
of inspection request.
[Amended 5-26-2015 by L.L. No. 2-2015]
B.
The Town wishes to encourage our residents and businesses to undertake
energy conservation and energy generation projects to support sustainable
green initiatives. Please review the NYSERDA website for funding opportunities
and guidelines for approved vendors.
A.
Purposes. The purpose of planned unit development regulations is
to encourage flexibility in the design and development of land in
order to promote its most appropriate use; to facilitate the adequate
and economical provision of streets, utilities and public spaces;
and to preserve the natural and scenic qualities of open areas. The
procedure is intended to permit diversification in the location of
structures and improve circulation facilities and other site qualities
while ensuring adequate standards relating to public health, safety
and welfare and convenience, both in the use and occupancy of buildings
and facilities in planned groups.
B.
Approval. Planned unit developments shall be subject to the approval
of the Town Board, based upon review and recommendations by the Planning
Board.
C.
Regulations governing planned unit developments.
(1)
Minimum area. A planned unit development shall include no less than
10 acres of contiguous land.
(2)
Open space. A minimum of 25% of the planned unit site shall be developed
as public open space. Parking areas, vehicle access facilities and
driveways shall not be considered in calculating open space.
(3)
Residential density. Residential planned unit developments shall
have densities no greater than those permitted in the district.
(4)
Land use. Proposed land use shall not adversely affect surrounding
development and shall be in accordance with the objectives and principles
of the Town of Williamson Comprehensive Plan.
D.
Standards for reviewing planned unit developments. The Planning Board
shall form its recommendation concerning the planned unit development
based upon the following standards:
(1)
General standards.
(a)
The planned unit development group plan shall be consistent
with the Town of Williamson Comprehensive Plan.
(b)
The planned unit development shall provide for an effective
and unified treatment of the development possibilities on the project
site, making appropriate provision for the preservation of scenic
features and amenities of the site and surrounding areas.
(c)
The planned unit development shall be planned and developed
to harmonize with any existing or proposed development in the area
surrounding the project site.
(2)
Design standards.
(a)
All buildings in the layout and design shall be an integral
part of the development and have convenient access to and from adjacent
uses and blocks.
(b)
Individual buildings shall be related to each other in design,
masses, materials, placement and connections to provide a visually
and physically integrated development.
(c)
Treatment of the sides and rear of all buildings within the
planned development group shall be comparable in amenity and appearance
to the treatment given to street frontages of these same buildings.
(d)
The design of buildings and the parking facilities shall take
advantage of the topography of the project site, where appropriate,
to provide separate levels of access.
(e)
All building walls shall be so oriented as to ensure adequate
light and air exposure to the rooms within.
(f)
All buildings shall be arranged as to avoid undue exposure to
concentrated loading or parking facilities wherever possible and shall
be so oriented as to preserve visual and audible privacy between adjacent
buildings.
(g)
All buildings shall be arranged as to be accessible to emergency
vehicles.
(3)
Landscape design standards.
(a)
Landscape treatment for plazas, roads, paths and service and
parking shall be designed as an integral part of a coordinated landscape
design for the entire project area.
(b)
Primary landscape treatment shall consist of shrubs, ground
cover and street trees and shall combine with appropriate walks and
street surfaces to provide an attractive development pattern. Landscape
materials selected should be appropriate to the growing conditions
of the municipality's environment.
(c)
Whenever appropriate, existing trees shall be conserved and
integrated into the landscape design plan.
(d)
All streets bordering the project areas shall be planted at
appropriate intervals with street trees.
(4)
Circulation system design standards.
(a)
There shall be an adequate, safe and convenient arrangement
of pedestrian circulation facilities, roadways, driveways and off-street
parking and loading space.
(b)
Roads, pedestrian walks and open space shall be designed as
integral parts of an overall site design. They shall be properly related
to existing and proposed buildings and appropriately landscaped.
(c)
Buildings and vehicular circulation open spaces shall be arranged
so that pedestrians moving between buildings are not unnecessarily
exposed to vehicular traffic.
(d)
Landscaped, paved and comfortably graded pedestrian walks shall
be provided along the lines of the most-intense use, particularly
from building entrances to streets, parking areas and adjacent buildings.
(e)
Materials and design of paving, lighting fixtures, retaining
walls, fences, curbs, benches, etc., shall be of good appearance,
easily maintained and indicative of their function.
(5)
Parking and loading design standards.
(a)
Parking facilities shall be landscaped and screened from public
view to the extent necessary to eliminate the unsightliness and monotony
of parked cars.
(b)
Pedestrian connections between parking areas and buildings shall
be via special pedestrian walkways and/or elevators.
(c)
Parking facilities shall be designed with careful regard to
orderly arrangement, topography, landscaping, and ease of access and
shall be developed as an integral part of an overall site design.
(d)
Any above-grade loading facility should be screened from public
view to the extent necessary to eliminate unsightliness.
(e)
Water and sewer utilities. Planned unit developments shall be
served either by public water and sewerage systems or by package plants
designed to serve the entire planned unit development.
A.
The public sale of personal property, including such sales classified
by porch, garage, barn, attic, rummage, bazaar, etc., and limited
to property with a primary use as residential are permitted.
B.
These sales shall conform to the following conditions:
(1)
Items for sale. Items for sale shall be primarily those owned by
the applicant from his own premises.
(2)
Location of sale. The sale shall be confined to the applicant's
own premises for which the current primary use is residential.
(3)
Signs. Not more than one sign, in accordance with Article IV and contained on the applicant's premises, may be erected during the sale days.
(4)
Frequency and duration of sale. No public sale of personal property
shall occur more often than six times per calendar year, and said
sale shall not be continued for a period of more than four consecutive
days. No sale shall be conducted before 8:00 a.m. or after 8:00 p.m.
(5)
Private sales, auction sales, where all personal property of the
occupant of the sales location is to be disposed of, and sales conducted
by a charitable organization and which are held on the property of
the principal use or at a commercial establishment are not subject
to the provisions of this section.
A.
Amusement centers, bowling alleys, health clubs and similar places
of amusement.
(1)
Such uses shall be conducted entirely within an enclosed structure.
(2)
Off-street parking areas shall be screened from adjoining residential
properties.
(3)
No indoor commercial recreation facility shall be maintained or operated
within 300 feet of an entrance or exit of a public or private school,
public library, church, hospital, children's or senior center
or other similar public or semipublic institutions.
A.
Size requirements. The minimum size requirements for single-family
dwellings are as follows. The square footage is based on the outside
dimensions of the foundation wall, exclusive of porches, patios, breezeways,
garages, steps or similar appurtenances.
A.
Standards applicable to all special uses. Prior to the approval or
disapproval of an application for a special use permit, the Planning
Board shall take into consideration the public health, safety and
welfare, the comfort and convenience of the Town in general and of
the residents of the immediate neighborhood in particular, and may
prescribe appropriate conditions and safeguards as may be required
in order that the result of its action may, to the maximum extent
possible, further the intent of this chapter and accomplish the following
general standards:
(1)
The proposed special use shall have adequate access for fire and
police protection.
(2)
The proposed special use shall be of such location, size and character
that it will be in harmony with the orderly development of the district
in which it is to be situated and such use will not be detrimental
to the orderly development of adjacent properties.
(3)
The proposed use shall provide safe, convenient and adequate vehicular
and pedestrian access to and from the use through the provision of
adequate, but not excessive, points of ingress and egress which are
of sufficient width, properly graded and aligned, provide clear visibility
and are not located too near street corners or places of public assembly.
(4)
The proposed special use shall provide adequate off-street parking
and loading areas which are properly located on the lot so as to provide
safe and convenient circulation.
(5)
The proposed use, location and height of buildings shall be such
that this special use will not hinder or discourage the appropriate
development and use of adjacent land and buildings.
(6)
The proposed use shall provide adequate landscaping and screening
of all playground, parking, loading and service areas so that such
areas are screened from the view of adjacent lots and streets at all
seasons of the year.
Used building materials which have been salvaged for use in
the construction of another building shall not be stored in any outside
area that is visible from the public right-of-way unless expressly
permitted as part of an approved use within the zoning district in
which the property is located.
A.
Purpose and intent. The purpose of this section is to protect the
general public from the hazards and nuisances that may be associated
with private swimming pools.
B.
Residential swimming pools shall comply with the Property Maintenance
Code of New York State, as well as other relevant sections of the
New York Code, Rules and Regulations.
C.
Pool and deck placement shall comply with structure setback requirements
of the applicable zoning district.
All subdivisions are subject to the regulations found in Chapter 152 of the Town Code.
All telecommunication towers are subject to the regulations set forth in Chapter 159 of the Town Code.
Regulations for utility facilities are as follows:
A.
Such uses shall be limited to the erection, construction, alteration and maintenance, by public utilities or municipal or other governmental agencies, of underground or overhead gas, electrical, steam or water transmission or distribution systems, and collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signs, hydrants and other similar equipment and accessories in connection therewith reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health or safety or general welfare, but not including buildings. Where applicable, the landscaping regulations of § 178-45 shall apply.
B.
Such uses, when in a residential district, shall be subject to the
following regulations:
(1)
Such facility shall not be located on a residential street (unless
no other site is available) and shall be so located as to draw a minimum
of vehicular traffic to and through such streets.
(2)
The location, design and operation of such facility shall not adversely
affect the character of the surrounding residential area.
A.
Intent and purpose.
(1)
The State of New York has enacted programs to encourage the prudent
use of wind as an abundant, renewable and nonpolluting source of energy.
The New York State Energy Research and Development Authority (NYSERDA)
was established to develop programs that encourage a sustainable market
for quality end-use wind systems.
(2)
The purpose of this section is to support and enable the use of wind-energy-deriving
towers (hereafter referred to as "wind turbines") while providing
reasonable controls to protect the health, safety, and general welfare
of residents in the Town of Williamson. This section will leverage
the work of NYSERDA to provide the regulation foundation. The wind
turbines addressed by this section are the larger-scale wind turbines
and wind farms which are intended to sell energy directly to power
companies or retail users.
B.
Permit required. No person, firm or corporation, being the owner
or occupant of any land or premises within the Town of Williamson,
shall use or permit the use of said land or premises for the construction
of a tower for energy-deriving purposes without meeting permit requirements
and obtaining site plan approval as defined herein.
C.
Exemptions: those windmills previously permitted under the Williamson
Code entitled "Power-generating windmills; on-site-use energy systems."
D.
Wind systems. A commercial wind energy system shall include the following
components:
(1)
Qualified wind generators: evidence of certification by a nationally
recognized testing laboratory as meeting the safety and performance
standards of a nationally or internationally recognized testing institution.
Wind generators must not be mounted on any preexisting structure without
engineering analysis showing compliance with the International Building
Code and must be certified by a licensed professional mechanical,
structural, or civil engineer demonstrating that the tower and foundation
meet or exceed requirements to withstand the most-stringent wind load
conditions for structures as set forth in the New York State Building
Code or other locally adopted code appropriate for the installation
location.
(2)
Electrical components. Electrical components of the systems, such
as charge controllers, batteries, wiring, and metering equipment,
must be certified as meeting the requirements of any relevant national
and state codes and standards.
(3)
Interconnection. All systems must have an appropriate interconnection
agreement with the utility, and the commercial wind energy system
must be installed in compliance with that agreement.
E.
Permit application.
(1)
All applications for a wind turbine permit and site plan approval shall be by written application on forms provided by the Town of Williamson Building and Zoning Office (see Article V, Site Plan Review) and subject to a special use permit issued by the Planning Board.
(2)
Each application for a wind turbine shall be accompanied by a complete
plan, prepared by a professional engineer licensed by the State of
New York, drawn to scale, showing the location of the tower(s) on
site; proof of applicants' liability insurance; a landscape plan
showing all existing natural land features, trees, forest cover and
all proposed changes to these features, including size and type of
plant material; a drawing of applicant's and adjacent parcels
showing existing structures; dimensions and size of various structural
components of the tower's construction; design data, which shall
indicate the basis of design; soil type at construction site; and
certification that the tower was designed to withstand wind load requirements
for structures as set forth in the Building Code of New York State.
(3)
The system shall comply with all applicable state and federal regulations,
including Federal Aviation Administration and state/federal environmental
requirements, including a completed New York State environmental quality
review full environmental assessment form. The Williamson Planning
Board will act as lead agency for this SEQR review.
F.
All applications for the construction of a tower to be used to derive
energy will be referred to the Planning Board for special use permit
approval and site plan review under the procedures set forth in this
chapter. In granting site plan approval, the Planning Board may impose
other conditions and restrictions deemed necessary for the maintenance
and safety of such towers and/or to preserve and protect the character
of the neighborhood and health, safety and welfare of the community.
(1)
Site plan standards. Prior to issuance of final site plan approval,
the following requirements shall be complied with:
(a)
Landscaping and facility features may be requested to achieve visual
harmony with the surrounding area. The applicant will provide visual
simulation studies for the Planning Board and public review.
(b)
Property setback. All wind turbines shall be set back from property
lines, public roads, and any preexisting and future structures by
at least 1,500 feet. Additional setbacks may be required by the Planning
Board in order to provide for the public safety, health and welfare.
Leased property can include more than one piece of property, and the
requirements shall apply to the combined properties. The SCADA (supervisory
control and data acquisition) tower setback shall be at least the
height of the SCADA tower (monitors wind turbine operational data
from a remote location). An operations and maintenance office building,
a substation, or ancillary equipment shall comply with any property
setback requirement applicable to that type of building or equipment.
The Zoning Board of Appeals may waive setback requirements from adjacent
properties if the property owner(s) agrees to grant an easement.
(c)
Noise. The applicant will provide data and simulations to demonstrate
the wind turbine project will have demonstrated ability to be within
the following sound thresholds:
[1]
Audible noise due to wind energy facility operations shall not
exceed 50 dBA for any period of time, when measured at any residence,
school, hospital, church or public library existing on the date of
approval of any wind energy facility siting permit.
[2]
In the event audible noise due to wind energy facility operations contains a steady pure tone, such as a whine, screech, or hum, the standards for audible noise set forth in Subsection F(1)(c)[1] of this subsection shall be reduced by 5 dBA. A pure tone is defined to exist if the 1/3 octave band sound pressure level in the band, including the tone, exceeds the arithmetic average of the sound pressure levels of two contiguous 1/3 octave bands by 5 dBA for center frequencies of 500 Hz and above, by 8 dBA for center frequencies between 160 Hz and 400 Hz, or by 15 dBA for center frequencies less than or equal to 125 Hz.
[3]
In the event the ambient noise level (exclusive of the development
in question) exceeds the applicable standard given above, the applicable
standard may be adjusted so as to equal the ambient noise level. The
ambient noise level shall be expressed in terms of the highest whole-number
sound pressure level in DB which is exceeded for more than five minutes
per hour. Ambient noise levels shall be measured at the exterior of
potentially affected existing residences, schools, hospitals, churches
and public libraries. Ambient noise level measurement techniques shall
employ all practical means of reducing the effect of wind-generating
noise at the microphone. Ambient noise level measurements may be performed
when wind velocities at the proposed project site are sufficient to
allow wind turbines' operation, provided that the wind velocity
does not exceed 30 miles per hour at the ambient noise measurement
location.
[4]
Any noise level falling between two whole decibels shall be
the lower of the two.
[5]
In the event the noise levels resulting from the wind energy
facility exceed the criteria listed above, a waiver to said levels
may be granted by the Planning Board, provided that the following
have been accomplished:
[a]
Written consent from the property owners has been
obtained stating they are aware of the wind energy facility and noise
limitations imposed by this section and that consent is granted to
allow noise levels to exceed the maximum limits otherwise allowed;
and
[b]
A permanent noise impact easement has been recorded
in the office of the County Register of Deeds which describes the
benefited and burdened properties and which advises all subsequent
owners of the burdened property that noise levels in excess of those
permitted by this section may exist on or at the burdened property.
(d)
Construction and electrical codes interconnection standards.
Commercial wind energy systems, including towers, shall comply with
all applicable state construction and electrical codes. Commercial
wind energy systems shall comply with applicable utility, New York
State Public Service Commission, and Federal Energy Regulatory Commission
interconnection standards.
(e)
FAA regulations. Commercial wind energy systems, including towers,
shall comply with Federal Aviation Administration requirements and
New York State and local jurisdiction airport overlay zone regulations.
The minimum FAA lighting standards shall not be exceeded. Lights should
be of the lowest intensity required. All tower lighting required by
the FAA shall be shielded to the extent possible to reduce glare and
visibility from the ground.
(f)
Falling ice. Signage shall be used to warn visitors about the
potential danger of falling ice. All commercial wind energy systems
within 1,000 feet of a public road shall be shut down for the duration
of any freezing ice storm.
G.
Height limitations.
(1)
It is recognized that wind turbines require greater heights to reach
elevations with wind currents reasonably adequate to generate energy.
Towers used solely for energy-deriving purposes shall not exceed a
total height of 350 feet (approximately 106.6 meters) from the ground
to the tip of the blade at its highest point.
(2)
If the proposed site is near an airport, seaplane base, or military
flight zone, wind turbines must meet all Federal Aviation Administration
requirements. Wind turbines exceeding 200 feet or penetrating FAA-designated
air space near airports will be strongly discouraged since visual
lighting will be required and may be visually disruptive to many Williamson
neighborhoods.
(3)
The minimum distance between the ground and any part of the rotor
blade must be 75 feet (approximately 23 meters).
H.
Energy shutdown/safety.
(1)
The applicant shall post an emergency telephone number so that the
appropriate people may be contacted should any wind turbine need immediate
attention. This telephone number shall be clearly visible on a permanent
structure(s) or post(s) located outside the fall zone of the tower.
The location should be convenient and readily noticeable to someone
likely to detect a problem (example: adjacent to a public way).
(2)
No wind turbine shall be permitted which lacks an automatic braking,
governing, or feathering system to prevent uncontrolled rotation,
overspeeding, and excessive pressure on the tower structure, rotor
blades, and turbine components or enclosed shelter.
(3)
Energy towers shall have lightning protection.
I.
Lighting. A wind turbine shall not be artificially lighted except
to assure human safety as required by the Federal Aviation Administration
(FAA). Lower-disturbance-level lighting schemes shall be used when
recommended by nationally recognized institutions.
J.
Utility service. All power transmission lines from the wind electricity
generation facility between towers and to on-site transfer stations
shall be underground.
K.
Access road. Existing roadways shall be used for access to the site
whenever possible. In the case of constructing roadways, they shall
be constructed and maintained in a way so that it allows for passage
of emergency vehicles in the event of an emergency.
L.
Security provision. The wind turbine design shall not be readily
climbable by the public for a minimum height of 15 feet from the ground.
M.
Public hearings. No action shall be taken by the Zoning Board of
Appeals to issue a special use permit, by the Planning Board to issue
preliminary site plan approval nor the Zoning Board of Appeals to
grant a use and area variance until after public notice and hearing.
Proper notice of a hearing before a board shall be given by legal
notice published in the official newspaper of the Town of Williamson
at least five days before the date set for a public hearing and written
notice mailed to the applicant or his agent at the address given in
the application to be considered. The applicant shall be responsible
for notifying by first-class mail all property owners of record within
300 feet of the outside perimeter or boundary line of property involved
in the preliminary application of the time, date and place of such
public hearing by mail at least 10 days prior to such hearing. Notice
shall be deemed to have been given if mailed to the property owner
at the tax billing address listed on the property records of the Town
Assessor or at the property address. At least seven days prior to
such hearing, the applicant shall file with the Board his/her affidavit
verification of mailing such notice. Failure of property owners to
receive such notice shall not be deemed a jurisdictional defect.
N.
Enforcement; penalties for offenses.
(1)
Any violation of this chapter or of any order, requirement, decision or determination issued by the Building and Zoning Officer, his/her agent or designee pursuant to this section is hereby declared to be an offense. Such offenses may incur punishments covered in the Code of the Town of Williamson, Part I, Chapter 1, General Provisions, Article II, Penalties for Offenses.
(2)
In addition to the penalties provided above, the Town Board may also
maintain an action or proceeding to prevent, correct or restrain any
violation of this section.
O.
Fees; reimbursement of expenses. Fees for applications and permits
under this section shall be established by resolution of the Williamson
Town Board. The developer shall reimburse the Town for the costs incurred
to review and execute a wind turbine project.
P.
Taxes. Wind farm properties shall be assessed and taxed like any
other commercial enterprise. However, each taxing agency shall have
the right to grant tax incentives and/or exemptions to encourage the
use of renewable energy systems such as wind farms.
Q.
Validity, savings and severability. Should any section, paragraph,
sentence, clause, word, part or provision of this section be declared
void, invalid or unenforceable for any reason, such declaration shall
not affect the validity of any other part of this section which can
be given effect without the part(s) declared void, invalid or unenforceable.
R.
Definitions. Definitions of terms used in this section which are
associated with wind power systems may be found in the documents in
NYSERDA's "Wind Energy Toolkit: Community Resources for Wind
Development," located at http://www.powernaturally.org/programs/wind/toolkit.asp.
S.
Effective date. This section shall take effect immediately upon filing
with the Secretary of State.
A.
Intent and purpose.
(1)
The State of New York has enacted programs to encourage the prudent
use of wind as an abundant, renewable and nonpolluting source of energy.
The New York State Energy Research and Development Authority (NYSERDA)
is established to develop programs that encourage a sustainable market
for quality end-use wind systems.
(2)
The purpose of this section is to support and enable the use of wind-energy-deriving
towers (hereafter referred to as "wind turbines") while providing
reasonable controls to protect the health, safety, and general welfare
of residents in the Town of Williamson. All wind-generating tower
applications will require a special use permit and shall include a
public hearing. This section will leverage the work of NYSERDA to
provide the regulation foundation. The wind turbines addressed by
this section are primarily intended to supply on-site consumed electrical
power needs to displace that provided by a public utility. Net-metering
does this where the electric meter runs in reverse when more power
is being generated than being used.
(3)
The much-larger-scale wind turbines and wind farms intended to sell
energy directly to power companies or retail users are not included
in this section and will be covered independently.
B.
Permits required. No person, firm or corporation, being the owner
or occupant of any land or premises within the Town of Williamson,
shall use or permit the use of said land or premises for the construction
of a tower for energy-deriving purposes without obtaining a permit
and site plan approval as defined herein.
C.
Exemptions: none.
D.
Limitation of the number of wind turbines per lot. The number of
wind turbines shall be limited to the number required for on-site
energy consumption.
E.
Wind systems. The small wind energy system shall include the following
components:
(1)
Qualified wind generators: listed on the NYSERDA list of qualified
wind generators which gives consideration to (a) evidence of certification
by a nationally recognized testing laboratory as meeting the safety
and performance of a nationally or internationally recognized testing
institution; or (b) provides evidence acceptable to NYSERDA. Wind
generators must not be mounted on any preexisting structure without
engineering analysis showing compliance with the International Building
Code and certification by a licensed professional mechanical, structural,
or civil engineer demonstrating that the tower and foundation meet
or exceed requirements to withstand the most-stringent wind load conditions
for structures as set forth in the Building Code of New York State
or other locally adopted code appropriate for the installation location.
(2)
Conversion electronics, inverters: certified as meeting the requirements
of IEEE Standard 929-2000 and UL 1741, with preference to those listed
on the New York State Public Service Commission's list of eligible
or type-tested inverters. Inverters not listed may be used if the
wind system receives an appropriate interconnection agreement from
the utility and the installation meets New York State's Standard Interconnection
Requirements.
(3)
Other electrical components: All other electrical components of the
systems, such as charge controllers, batteries, wiring, and metering
equipment, must be certified as meeting the requirements of any relevant
national and state codes and standards.
(4)
Interconnection: All applicants proposing grid-connected systems
must provide evidence that the utility company has been informed of
the customer's intent to install an interconnected customer-owned
generator. When required, systems must meet New York State's Standard
Interconnection Requirements. Off-grid systems shall be exempt from
this requirement.
(5)
Installers: NYSERDA maintains a list of program eligible installers,
which depend on education, training and experience to maintain their
listing. The use of installers from the NYSERDA list is strongly recommended
in the interest of safety.
F.
Permit application.
(1)
All applications for a wind turbine permit and site plan approval shall be by written application on forms provided by the Town of Williamson Building and Zoning Department (see Article V, Site Plan Review) and subject to a special use permit issued by the Planning Board.
(2)
Each application for a wind turbine shall be accompanied by a complete
plan, prepared by a professional engineer licensed by the State of
New York, drawn to scale, showing the location of the tower on site;
a landscape plan showing all existing natural land features, trees,
forest cover and all proposed changes to these features, including
size and type of plant material; a drawing of applicant's and
adjacent parcels showing existing structures; dimensions and size
of various structural components of the tower's construction;
design data, which shall indicate the basis of design; soil type at
construction site; and certification that the tower was designed to
withstand wind load requirements for structures as set forth in the
Building Code of New York State.
(3)
The system shall comply with all applicable state and federal regulations,
including Federal Aviation Administration and state/federal environmental
requirements. A completed New York State environmental quality review
full environmental assessment form shall be included. The Williamson
Planning Board will act as lead agency for this SEQRA review upon
concurrence by any and all involved agencies.
(4)
All applications for the construction of a tower to be used to derive energy will be referred to the Planning Board for site plan approval under the procedures set forth in § 178-83 of the Code of the Town of Williamson. In granting site plan approval, the Planning Board may impose other conditions and restrictions deemed necessary for the maintenance and safety of such towers and/or to preserve and protect the character of the neighborhood and health, safety and welfare of the community.
G.
Site plan standards. Prior to issuance of final site plan approval,
the following requirements shall be complied with:
(1)
Towers shall typically be located or placed in rear yards.
(2)
Guy wires and anchors for towers shall be located no closer than
10 feet to any property line. Additionally, all guy wires must be
marked and clearly visible to a height of 10 feet above the guy wire
anchors.
(3)
Neutral paint colors may be required to achieve visual harmony with
the surrounding area.
(4)
All wind turbines shall be set back from property lines, public roads,
power lines, and any preexisting and future structures by a distance
at least equal to the height of the tower plus blade length plus 25
feet. Additional setbacks may be required by the Planning Board in
order to provide for the public safety, health and welfare. The Zoning
Board of Appeals may waive setback requirements from adjacent properties
if the property owner agrees to grant an easement binding on the current
and future owners.
H.
Noise level.
(1)
The level of noise produced during wind turbine operation shall not
exceed the ambient nighttime level at any neighboring residential
structure and 10 dBA above ambient measured at the property line,
except during short-term events such as utility outages and severe
windstorms. The applicant must provide evidence that the installation
will meet these noise requirements.
(2)
Applicants may apply for exemptions from this requirement with written
authorization from the pertinent building owner(s) and tenants, if
applicable.
I.
Height limitations.
(1)
It is recognized that wind turbines require greater heights to reach
elevations with wind currents reasonably adequate to generate energy.
Towers used solely for energy-deriving purposes shall not exceed a
total height of 50 meters (approximately 164 feet) from the ground
to the top of the tower (center of hub), provided that the application
includes evidence that the proposed height does not exceed the height
recommended by the manufacturer or distributor of the system.
(2)
If the proposed site is near an airport, seaplane base, or military
flight zone, wind turbines must meet all Federal Aviation Administration
requirements. Wind turbines exceeding 200 feet or penetrating FAA-designated
air space near airports will be strongly discouraged.
(3)
The minimum distance between the ground and any part of the rotor
blade must be 30 feet (approximately 9.2 meters).
J.
Energy shutdown/safety.
(1)
The applicant shall post an emergency telephone number so that the
appropriate people may be contacted should any wind turbine need immediate
attention. This telephone number shall be clearly visible on a permanent
structure(s) or post(s) located outside the fall zone of the tower.
The location should be convenient and readily noticeable to someone
likely to detect a problem (example: adjacent to a public way).
(2)
No wind turbine shall be permitted which lacks an automatic braking,
governing, or feathering system to prevent uncontrolled rotation,
overspeeding, and excessive pressure on the tower structure, rotor
blades, and turbine components or enclosed shelter.
(3)
Energy towers shall have lightning protection.
K.
Lighting. A wind turbine shall not be artificially lighted except
to assure human safety as required by the Federal Aviation Administration
(FAA).
L.
Utility service. All power lines from the wind turbines to on-site
interconnection equipment shall be underground.
M.
Access road. Existing roadways shall be used for access to the site
whenever possible. In the case of constructing roadways, they shall
be constructed in a way so that they allow for passage of emergency
vehicles in the event of an emergency.
N.
Security provision. The wind turbine design shall not be readily
climbable by the public for a minimum height of 15 feet from the ground.
O.
Decommission. The applicant shall submit to the Planning Board a
letter of intent committing the tower owner, and his/her successors
in interest, to notify the Building and Zoning Officer within 30 days
of the discontinuance of use of the wind turbines. This letter of
intent shall be filed with the Building and Zoning Officer prior to
the issuance of a building permit. The owner shall remove the obsolete
or unused wind turbines and accessory structures within one year of
such notification, or sooner to address an unsafe condition. Failure
to notify and/or remove the obsolete or unused tower in accordance
with these regulations shall be a violation of this section, and the
cost of removing the wind-energy-deriving towers and accessory structures
shall be placed as a lien on the property owner's tax bill.
P.
Public hearings. No action shall be taken by the Planning Board to
issue a special use permit or concept site plan approval nor the Zoning
Board of Appeals to grant use and area variances until after public
notice and hearing. Proper notice of a hearing before a board shall
be given by legal notice published in the official newspaper of the
Town of Williamson at least five days before the date set for a public
hearing and written notice mailed to the applicant or his agent at
the address given in the application to be considered. The applicant
shall be responsible for notifying by certified mail all property
owners of record within 300 feet of the outside perimeter or boundary
line of property involved in the preliminary application of the time,
date and place of such public hearing by mail at least 10 days prior
to such hearing. Notice shall be deemed to have been given if mailed
to the property owner at the tax billing address listed on the property
records of the Town Assessor or at the property address. At least
seven days prior to such hearing, the applicant shall file with the
Board his/her affidavit verification of mailing such notice. Failure
of property owners to receive such notice shall not be deemed a jurisdictional
defect.
Q.
Enforcement; penalties for offenses.
(1)
Any violation of this section or any order, requirement decision or determination issued by the Building and Zoning Officer, his/her agent or designee pursuant to this section is hereby declared to be an offense. Such offenses may incur punishments covered in the Williamson Town Code, Part I, Chapter 1, General Provisions, Article II, Penalties for Offenses.
(2)
In addition to the penalties provided above, the Town Board may also
maintain an action or proceeding to prevent, correct or restraint
any violation of this section.
R.
Fees. Fees for applications and permits under this section shall
be established by the resolution of the Williamson Town Board.
S.
Validity, savings and severability.
(1)
Should any section, paragraph, sentence, clause, word, part or provision
of this section be declared void, invalid or unenforceable for any
reason, such declaration shall not affect the validity of any other
part of this section which can be given effect without the part(s)
declared void, invalid or unenforceable.
(2)
Except as contained in this section, Local Law No. 2 of 2004, establishing
a moratorium on electrical-generating wind towers, shall remain in
effect.
T.
Effective date. This section shall take effect immediately upon filing
with the Secretary of State.
A.
Every part of a required yard must be open to the sky, unobstructed,
except for accessory buildings in a rear or side yard and except for
the ordinary projection of open porches, balconies, steps, sills,
belt courses, cornices and for ornamental features projecting not
more than four inches.
B.
Slope of yards.
(1)
The surface grade of the front yard at the front wall of a dwelling
shall be not less than one foot above the elevation of the center
line of the road measured at the midpoint between the side lines of
the lot.
(2)
Where unnecessary hardship is imposed by this regulation due to topographic
conditions, the Board of Appeals shall vary the application of the
front yard slope requirements, provided that the surfaces of the front,
rear and side yards slope away from the foundation walls for a distance
equal to 1/2 the width or depth of the required yards. Such slope
shall be not less than one foot of vertical rise for each eight feet
of horizontal distance.
C.
Side yards.
(1)
Side yard width may be varied. Where the side wall of a building
is not parallel to the side lot line or is broken or otherwise irregular,
the side yard may be varied. In such case, the average width of the
side yard shall not be less than the otherwise required minimum width;
provided, however, that such side yard shall not be narrower at any
one point than 1/2 the otherwise required minimum width.
(2)
Side yard of corner lot. The side yard of any corner lot of record
at the time of the adoption of this chapter shall have a width equal
to not less than 1/2 the required minimum front yard setback of any
adjoining lot fronting on the side street. Any corner lot delineated
by subdivision after the adoption of this chapter shall have a side
yard equal in width to the minimum front yard setback of any adjoining
lot fronting on the side street.
D.
Transition yard requirements.
(1)
Where a residence district abuts a nonresidence district on a street
line, there shall be provided in the nonresidence district, for a
distance of 50 feet from the district boundary line, a front yard
at least equal in depth to that required in the residence district.
(2)
Where the side or rear yard in a residence district abuts a side
or rear yard in a nonresidence district, there shall be provided along
such abutting line or lines a side or rear yard at least equal in
depth to that required in the residence district. In no case, however,
shall the abutting side yard be less than 20 feet and the abutting
rear yard be less than 20 feet.
(3)
Nonresidential uses abutting upon residential districts should provide
landscaped screening along the abutting side and rear yards.
A.
Stripping of topsoil. No person, firm or corporation shall strip,
excavate or otherwise remove topsoil for sale or for use other than
on the premises from which the same shall be taken, except in connection
with the construction or alteration of a building on such premises
and excavation or grading incidental thereto.
B.
Open excavations. Open excavations shall not be maintained, except
for those excavations made for the erection of a building or structure
for which a building permit has been issued.
C.
Lot uses. There shall be but one principal use on any one lot. There
shall be but one dwelling on any lot. In the MU-1 and MU-2 Districts,
use of a second floor for residential purposes shall be deemed a permitted
accessory use. A second floor may have apartments and/or offices.
