The provisions of this chapter shall be subject
to such exceptions, additions or modifications as herein provided
by the following general supplementary regulations. The dimensions
and restrictions set forth in Schedule A are incorporated herein and
made a part of this chapter.[1]
A.
Buildings, uses and lots.
(1)
One principal building and use per lot. There shall
not be more than one principal structure and one principal use on
any one lot in the following districts:
|
Residential R-20
| |
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Residential R-30
| |
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Residential-Agricultural RA-40
| |
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Land Conservation
|
(2)
Yard and open space for every building. No yard or
other open space provided about any building for the purpose of complying
with the provisions of these regulations shall be included as any
part of the yard or open space for any other building; no yard or
any other open space on one lot shall be considered as a yard or open
space for a building on any other lot.
(3)
Subdivision of a lot. Where a lot is formed hereafter
from the part of a lot already occupied by a building, such separation
shall be effected in such manner as not to impair conformity with
any of the requirements of this chapter with respect to the existing
building and all yards and other required spaces in connection therewith,
and no permit shall be issued for the erection of a building on the
new lot thus created unless it complies with all the provisions of
this chapter.
(4)
Irregularly shaped lots. Where a question exists as
to the proper application of any of the requirements of this chapter
to a particular lot or parcel because of the peculiar or irregular
shape of the lot or parcel, the Board of Appeals shall determine how
the requirements of this chapter shall be applied.
(5)
Lots under water or subject to flooding. No more than
25% of the minimum area requirements of a lot may be fulfilled by
land which is under water or subject to periodic flooding. Land which
is under water that is open to use by persons other than the owner
of the lot shall be excluded entirely from the computation of the
minimum area of that lot. For the purposes of this section, land in
the bed of a stream not exceeding five feet in width at mean water
level, and land in any pond not exceeding 150 square feet in area
shall not be considered as under water. Where any area is separated
from the main body by water, such separated land shall not be included
in computing lot area.
(6)
Required street frontage. No zoning permit shall be
issued for any structure unless the lot upon which that structure
is to be built has the required frontage on a street or highway, has
the required frontage on a street or highway, as defined herein, which
street frontage provides the actual access to such structure, and
which street or highway shall have been suitably improved to Town
Board standards or a bond posted therefor to the satisfaction of the
Town Board or Planning Board, as provided in § 280-a of
the Town Law.
[Amended 6-24-1985 by L.L. No. 3-1985]
(7)
Parts of lot not counted toward area requirements.
No part of any lot less in width than 1/2 of the minimum requirement
for the district in which it is located shall be counted as part of
the minimum required lot area.
B.
Yards, yard requirements, building projections, setbacks
other features.
(1)
Porches. No porch may project into any required yard.
Any enclosed porch, or one having a roof and capable of being enclosed,
shall be considered a part of the building in determining the yard
requirements or amount of lot coverage.
(2)
Projecting horizontal architectural features. Architectural
features, such as windowsills, belt courses, chimneys, cornices, eaves
or bay windows, shall not project more than three feet into any required
yard.
(3)
Fire escapes. Open fire escapes may extend into any
required yard.
(4)
Visibility at intersections. On a corner lot in any
district, no fence, wall, hedge, or other structure or planting more
than three feet in height, shall be erected, placed or maintained
within the triangular area formed by the intersecting street lines
and a straight line joining said street lines at points which are
30 feet distant from the point of intersection, measured along said
street lines. This subsection shall not apply to existing trees, provided
that no branches are closer than six feet to the ground.
(5)
Swimming pools. All swimming pools whose capacity
is 3,000 gallons or more shall be considered accessory structures
and shall set back from lot lines at least the minimum distance required
for other buildings and structures. Pools shall be surrounded by a
fence at least four feet high, strong enough to make the pool inaccessible
to children and shall have a gate equipped with self-closing, self-locking
devices.
(6)
Buffer zones. Wherever a buffer zone is required by
this chapter, it shall meet the following standards:
(a)
Be at least 15 feet in width along any lot line
abutting a lot in a residence district.
(b)
Be of evergreen planting of such type, height
and spacing as, in the judgment of the Planning Board, will screen
the activities on the lot from view of a person standing at street
level on the adjoining residential lot. The plan and specifications
for such planting shall be filed with the approved plan for the use
of the lot.
(c)
A wall or fence, of location, height, and design
approved by the Planning Board may be substituted for the required
planting.
(7)
Height exceptions. District building height regulations
shall not apply to radio or television antennas and commercial communication
antennas or towers, provided such structures do not present a hazard
to aircraft operations.
[Added 9-29-1997 by L.L. No. 3-1997]
C.
Location of accessory buildings and structures.
(1)
Accessory buildings are permitted as follows:
(a)
Accessory buildings with a total floor area
of 150 square feet or less and a building height of not more than
nine feet shall be permitted within five feet of the rear and side
lot lines when located in the rear yard area.
(b)
Accessory buildings with a total floor area
greater than 150 square feet or a building height of greater than
nine feet shall be located in compliance within the required yard
areas of the respective district.
(2)
Accessory structures are permitted as follows:
(a)
Accessory structures equal to or less than 15
feet in height, including satellite dishes with a diameter of 13 feet
or less, shall be permitted within five feet of the rear and side
lot lines when located in the rear yard area.
(b)
Accessory structures greater than 15 feet in
height, including production model wind energy conservation systems
(windmills) and satellite dishes greater than 13 feet in diameter,
shall be located within the required yard areas of the respective
district.
D.
Nonconforming uses, structures and lots. Except as
hereinafter provided, the lawful use of any buildings or land existing
at the time of the enactment of amendment of this chapter may be continued
although such use does not conform with this chapter.
(1)
Nonconforming structures. A nonconforming structure or part thereof may be restored to a safe condition only to the extent of its prior nonconformity. A nonconforming structure may be enlarged, provided the enlargement does not increase the nonconformity of the structure. For example, a structure nonconforming by reason of its nearness to a side lot line may be extended rearward, provided the extension does not further reduce the side yard to extend into the required yard. This section shall not apply to nonconforming signs (see § 475-54).
(2)
Nonconforming uses.
(a)
A nonconforming use may be changed to a conforming
use.
(b)
The right to continue a nonconforming use, once
established and not abandoned, runs with the land, and this right
is not confined to any one individual or corporation.
(c)
A nonconforming building may not be reconstructed
or structurally altered during its life to an extent exceeding, in
aggregate cost, 50% of the assessed value of the building unless said
building is changed to a conforming use.
(d)
A nonconforming use discontinued for a period
of one year or more shall be considered abandoned and shall not be
reestablished.
(e)
A mobile home unit which is a nonconforming
use may be replaced with a different mobile home unit, provided the
level of nonconformity is not increased, and the replacement mobile
home complies with the current construction and safety standards set
forth by the United States Department of Housing and Urban Development.
E.
Uses not permitted. Uses which are not allowed by
this chapter are prohibited.
F.
Minimum habitable floor area.
G.
Residential front yard grade. Surface grade of residential
front yards measured at the midpoint of the residence's front wall
shall be at least one foot above the elevation of the street's center
line, unless adequate site drainage is provided otherwise.
[Amended 6-24-1985 by L.L. No. 3-1985]
H.
Stabling farm animals. There shall be no stabling
of farm animals or storage of manure or fertilizer within 100 feet
of any lot line.
[1]
Editor's Note: Schedule A is included at the end of this chapter.
[Amended 5-31-1989 by L.L. No. 2-1989][1]
The following zoning districts and overlay zones
are hereby established:
|
Residential R-20
|
|
Residential R-30
|
|
Residential-Agricultural RA-40
|
|
Interchange INT
|
|
Industrial I
|
|
Industrial-Processing I-P
|
|
Planned Unit Development PUD
|
|
Land Conservation LC
|
|
Mobile Home Overlay MHO
|
|
Floodplain Overlay FPO
|
The zoning districts are shown, defined and
bounded on the Zoning Map accompanying this chapter. The Zoning Map
is hereby made a part of this chapter and shall be on file in the
Office of the Town Clerk.
A.
Questions concerned with the exact location of district
boundary lines as shown on the Zoning Map shall be resolved by the
Board of Appeals.
B.
Where a district boundary line divides the lot of
record at the time such line is adopted, the regulations for the less-restricted
part of such lot shall extend not more than 50 feet into the more-restricted
part, provided the lot has frontage on a street in the less-restricted
district.
[Amended 6-24-1985 by L.L. No. 3-1985]
A single-family dwelling and customary accessory
buildings may be erected on any existing undeveloped lot of record
with minimum of 100 feet in width and 20,000 square feet in area (recorded
with the County Clerk at the effective date of adoption or amendment
of this chapter, notwithstanding limitations imposed by other provisions
of this chapter). This provision shall apply even though such lot
fails to meet the requirements for area or width or yard size, provided
that requirements other than those applying to area, or width, or
yard size, of the lot shall conform to the regulations for the district
in which such lot is located. The single-family dwelling minimum yard
requirements for existing lots of record shall be as follows:
The R-20 District is designed to accommodate
residential uses on lots with a minimum area of 20,000 square feet.
The purpose of this district is to encourage residential growth in
an area of the Town which is immediately adjacent to village services
such as public water and sewer. The smaller lot size will allow for
a greater density.
The R-30 District is designed to accommodate
residential uses on lots with a minimum area of 30,000 square feet.
The purpose of the district is to provide an area in the Town for
residential growth on lots which are of adequate size to maintain
septic systems and, therefore, not require the provision of public
water and sewers in the future.
B.
The following uses are permitted in a residential
R-30 Zone upon issuance of a special use permit:
(1)
Home occupation.
(2)
Outdoor recreation.
(3)
Public utility.
(4)
Wind generator, production model.
(5)
Two-family dwelling.
(6)
Multifamily dwelling.
(7)
Adaptive reuse of a preexisting nonresidential building fronting
on a state highway for the uses identified as follows:
[Added 11-23-2011 by L.L. No. 2-2011]
(a)
Medical clinic.
(b)
Animal hospital.
(c)
Motor vehicle sales and service.
(d)
Recreational vehicle sales and service.
(e)
Mobile home sales and service.
(f)
Farm equipment sales and service.
(g)
Light manufacturing (enclosed).
(h)
Packaging and distribution of food processed elsewhere.
(i)
Fabricated metal products.
(j)
Furniture and fixtures.
(k)
Lumber and wood products.
(l)
Sign and advertising specialties.
(m)
Electronic components and accessories.
(n)
Surgical and medical instruments, appliances and supplies.
(o)
Analytical instruments.
(p)
Tool and die shops.
(q)
Printing and publishing establishments.
The RA-40 District is designed to preserve farm
land and the rural nature of the Town. Agricultural uses are the primary
use in the district; however, residential uses are permitted on lots
with minimum size of 40,000 square feet.
B.
The following uses are permitted in Residential Agricultural
RA-40 Zones upon issuance of a special use permit:
(1)
Two-family dwelling.
(2)
Home occupation.
(3)
Quarry.
(4)
Wind generator, production model.
(5)
Public utility.
(6)
Outdoor recreation.
(7)
Airport landing strip.
(8)
Wildlife refuge.
(9)
Club.
(10)
Kennel.
(11)
Farm equipment repair shop.
[Added 6-24-1985 by L.L. No. 3-1985]
(13)
Adaptive reuse of a preexisting nonresidential building fronting
on a state highway for the uses identified as follows:
[Added 11-23-2011 by L.L.
No. 2-2011]
(a)
Medical clinic.
(b)
Animal hospital.
(c)
Motor vehicle sales and service.
(d)
Recreational vehicle sales and service.
(e)
Mobile home sales and service.
(f)
Farm equipment sales and service.
(g)
Light manufacturing (enclosed).
(h)
Packaging and distribution of food processed elsewhere.
(i)
Fabricated metal products.
(j)
Furniture and fixtures.
(k)
Lumber and wood products.
(l)
Sign and advertising specialties.
(m)
Electronic components and accessories.
(n)
Surgical and medical instruments, appliances and supplies.
(o)
Analytical instruments.
(p)
Tool and die shops.
(q)
Printing and publishing establishments.
[Amended 2-24-1997 by L.L. No. 2-1997]
The INT-R District is intended to permit the
orderly development of retail uses near the I-490 Interchange in the
Town of Bergen. The Planning Board may also evaluate industrial development
applications to determine whether such development is harmonious,
in the judgment of the Planning Board, as to be worthy of a special
use permit.
A.
The following are permitted uses in the INT-R District:
(1)
Personal services.
(2)
Business and professional offices.
(3)
Convenience retail and office uses, including but
not limited to gas stations, restaurants, drugstores and banks.
(4)
Destination retail uses, including but not limited
to discount centers and factory outlet stores.
(5)
Accessory buildings and uses.
B.
The following uses are permitted in the INT-R District
upon issuance of a special use permit:
(1)
Medical clinic.
(2)
Animal hospital.
(3)
Hotel, motel.
(4)
Theater, bowling alley and other forms of indoor recreation.
(5)
Club.
(6)
Community center.
(7)
Car wash.
(8)
Public garage.
(9)
Motor vehicle sales and service.
(10)
Recreational vehicle sales and service.
(11)
Mobile home sales and service.
(12)
Farm equipment sales and service.
(13)
Public utility.
(14)
Light manufacturing (enclosed).
(15)
Manufacturing and assembly of pumps.
(16)
Packaging and distribution of food processed
elsewhere.
(17)
Truck stop, terminal.
(18)
Trucking terminals and distribution centers
associated with enclosed wholesale and/or warehouse operations.
(19)
Transportation equipment.
(20)
Chemicals and allied products.
(21)
Fabricated metal products.
(22)
Furniture and fixtures.
(23)
Lumber and wood products.
(24)
Manufacture/molding of plastic and foam products.
(25)
Printing and publishing establishments.
(26)
Sign and advertising specialties.
(27)
Electronic components and accessories.
(28)
Surgical and medical instruments, appliances
and supplies.
(29)
Analytical instruments.
(30)
Tool and die shops.
[Added 2-24-1997 by L.L. No. 2-1997;
amended 9-29-1997 by L.L. No. 3-1997; 9-8-2009 by L.L. No. 2-2009]
The INT-I District is designed to foster the development of
retail and industrial uses necessary to establish a sound economic
base near the I-490 interchange in the Town of Bergen.
A.
The following are permitted uses in the INT-I District:
(1)
Business and professional offices.
(2)
Convenience retail and office uses, including but not limited to
restaurants, drugstores and banks.
(3)
Destination retail uses, including but not limited to discount centers
and factory outlet stores.
(4)
Medical clinic.
(5)
Animal hospital.
(6)
Hotel, motel.
(7)
Theater, bowling alley and other forms of indoor recreation.
(8)
Club.
(9)
Community center.
(10)
Gasoline station with or without a convenience market.
(11)
Car wash.
(12)
Public garage.
(13)
Motor vehicle sales and service.
(14)
Recreation vehicle sales and service.
(15)
Mobile home sales and service.
(16)
Farm equipment sales and service.
(17)
Public utility.
B.
The following uses are permitted in an INT-I District upon issuance
of a special use permit:
(1)
Light manufacturing (enclosed).
(2)
Manufacturing and assembly of pumps.
(3)
Packaging and distribution of food processed elsewhere.
(4)
Truck stop.
(5)
Trucking terminals and distribution centers associated with enclosed
wholesale and/or warehouse operations.
(6)
Transportation equipment.
(7)
Fabricated metal products.
(8)
Furniture and fixtures.
(9)
Lumber and wood products.
(10)
Manufacturing/molding of plastic and foam products.
(11)
Printing and publishing establishments.
(12)
Sign and advertising specialties.
(13)
Electronic components and accessories.
(14)
Surgical and medical instruments, appliances and supplies.
(15)
Analytical instruments.
(16)
Tool and die shops.
(17)
Accessory buildings and uses.
(18)
Commercial communication tower.
(19)
Personal services.
(20)
Chemicals and allied products.
A.
The following uses are permitted in Industrial-I Zones:
(1)
Enclosed manufacturing industries.
(2)
Enclosed warehouse or wholesale use.
(3)
Public utility.
(4)
Enclosed service and repair.
(5)
Machinery and transportation equipment, sales, service
and repair.
(6)
Enclosed industrial processes and service.
(7)
Freight or trucking terminal.
(8)
Contractor's yard.
(9)
Public garage.
(10)
Accessory buildings and uses.
B.
The following uses are permitted only in an Industrial-I
Zone after issuance of a special use permit:
[Amended 2-24-1997 by L.L. No. 2-1997]
(1)
Aviation landing field.
(2)
Uses which, without restrictions or safeguards, may
be noxious or injurious due to the production or emission of dust,
smoke, odor, gases, fumes, solid or liquid waste, noise, light, vibration
or nuclear or electromagnetic radiation or due to the likelihood of
injury to persons or damage to property should an accident occur.
The purpose of the LC District is to delineate
those areas where substantial development of the land is prohibited
because of natural conditions which might threaten structures or humans,
and the lack of proper facilities or improvements for development.
The following uses are permitted in a Land Conservation LC Zone:
The purpose of the Planned Unit Development
is to permit greater flexibility, more creative and imaginative design
and utilization of innovative land development techniques while promoting
more economical and efficient use of land, buildings, circulation
systems and utilities, to provide harmonious land uses which offer
a high level of amenities, to permit a variety of housing types and
a mixture of residential and nonresidential uses, and to preserve
natural and scenic qualities of the site during the development process.
A.
Procedure for creation of a PUD District.
(1)
The owner of any tract of land in the Town of Bergen
consisting of a minimum of five contiguous acres may petition the
Town Board through the Planning Board to designate the property described
in the petition as a PUD District.
(2)
The petition shall contain the exact name and address
of the petitioner and reference records in the office of the Genesee
County Clerk at which the deed conveying the property in question
to the petitioner is recorded.
B.
Procedure for approval.
(1)
Preapplication conference. Before submission of a
preliminary application for approval as a Planned Unit Development,
the developer is encouraged to meet with Town Planning Board to determine
the feasibility and suitability of his application before entering
into any binding commitments or incurring substantial expenses of
site plan preparation.
(2)
Preliminary plan (rezoning).
(a)
Planning Board review and approval. A preliminary
plan application shall be submitted to the Planning Board at least
15 days prior to a regularly scheduled meeting. Within 45 days of
the next regularly scheduled meeting, the Planning Board shall recommend
approval, approval with modifications or disapproval of the application
to the Town Board. Failure by the Planning Board to act within the
required time period shall constitute approval and the application
shall be forwarded to the Town Board.
(b)
Submission requirements.
[1]
The applicant shall submit six sets of such
plans, drawings, elevations, and specifications as may be necessary
and comparable to the requirements of subdivision plat approval. These
six sets shall be submitted to the Zoning Enforcement Officer.
[2]
The preliminary plan shall be accompanied by
a detailed justification for the proposal including such maps, charts
and written material necessary for the Board to make an impartial
judgment on the suitability and impact of the proposed PUD for the
Town. Such material shall include, but not be limited to, the following:
[a]
A mapped preliminary development
plan of the property covered by the petition showing the approximate
size and location of the various development areas (road rights-of-way,
single-family housing areas, multifamily housing areas, commercial
and open space areas, etc.), the number of residential structures
and dwelling units within each residential area, the approximate square
footage of nonresidential use within each nonresidential area and
the amount of open space.
[Amended 6-24-1985 by L.L. No. 3-1985]
[b]
A written description of the proposal
including the major planning assumptions and objectives, the probable
effect on adjoining properties, the effect on the overall Town development
plan and the effect on this chapter.
[c]
Such additional written material,
graphs or charts as are necessary to present the total number of acres
in the site, the number and type of housing units, the gross and net
residential densities, the approximate selling and/or rental prices
of the units, and square feet of nonresidential floor area including
the approximate selling and/or rental price, the development schedule
expressed in units per month (or year or any other appropriate time
sequence), the phasing plan (if any), the approximate completion date
of the entire project, and the estimated total construction cost of
the project upon completion.
[d]
Such other written or graphic material
as is necessary for the Board to judge the impact of the proposal
on the Town. Such material shall include, but not be limited to: the
need for new public facilities and the adequacy of existing facilities
including a statement of the intent to which the applicant intends
to provide needed facilities, a fiscal impact statement including
a summary of new costs and revenues to the Town due to the development,
the projected new population, and the method of assuring that all
open spaces will be permanently maintained and devoted to open space
uses.
(c)
Review considerations. In review of the preliminary
plans, the Planning Board shall consider the manner with which the
proposal fits the general pattern of land use established by the Zoning
Law, and the protection of the established and permitted uses in the
area. It shall consider: the location of main and accessory buildings
and their relation to one another; the circulation pattern of the
site, and the amount, location, and access of parking and off-street
loading space facilities; the height and bulk of buildings; the provision
of open spaces, landscaped areas, signs, and similar features of the
site plan; and the safeguards provided to minimize possible detrimental
effects of the proposed development on adjacent property and the surrounding
neighborhood; the manner of conformance with the official development
policies of the Town; the effect on schools and other municipal facilities;
and the manner in which natural and scenic characteristics of the
site are preserved.
(d)
Town Board review and approval. Upon receipt
of the Planning Board's recommendations, the Town Board may, after
a public hearing and forwarding the proposed zone change to the County
Planning Board for review, amend the Zoning Law so as to establish
and define the boundaries of the Planned Unit Development. If the
rezoning request is approved, such action does not authorize improvements
to the land rezoned.
[Amended 6-24-1985 by L.L. No. 3-1985]
(3)
Final plan.
(a)
Ownership. Before final approval of the PUD
plan, the applicant must show evidence of full legal ownership in
the land.
(b)
Planning Board review and approval. Upon approval
of the zone change, the applicant has one year in which to submit
a final plan to the Planning Board for review and recommendation to
the Town Board. This submittal must be presented at least 15 days
prior to the next regularly scheduled meeting of the Planning Board.
Within 45 days of the next regularly scheduled meeting, the Planning
Board shall recommend approval, approval with conditions or disapproval
of the application to the Town Board.
[Amended 6-24-1985 by L.L. No. 3-1985]
(c)
Submission requirements. The applicant shall
submit detailed site plans comparable to the requirements for final
approval of a subdivision plat.
(d)
Town board review and approval. The Town Board
shall make final approval in accordance with official Town development
policies and may impose reasonable conditions relating to that plan.
C.
Design standards.
(1)
Area, yard, coverage, height, density and supplementary
regulation requirements shall be comparable to minimum requirements
in appropriate zoning districts for each specific use, except where
the Planning Board finds that it is in the public interest to modify
these requirements.
(2)
Traffic and circulation.
(a)
All proposed public roads should meet municipal
design and construction specifications.
(b)
Special consideration should be given to pedestrian
movement from the standpoint of safety, conveniences and amenity.
Sidewalks, curbs and gutters should be considered in the design of
the overall circulation system.
(4)
Performance and maintenance bonds. Performance and
maintenance bonds may be required in the discretion of Town Board.
The purpose of the Mobile Home Overlay Zone
is to provide a defined area for the development of quality mobile
home parks and for permanent installation of single mobile homes on
individual lots and in mobile home subdivisions. The Mobile Home Overlay
Zone will provide for these additional uses in that portion of the
base residential zone which it overlays.
A.
The following uses are permitted in the MHO Zone in
addition to those permitted in the base residential zone:
(1)
Single mobile homes on individual lots, provided the
following criteria are met:
(a)
The mobile home units shall comply with the
current construction and safety standards set forth by the United
States Department of Housing and Urban Development, and have a minimum
size of 600 square feet exclusive of any porches, additions or other
extensions.
[Amended 6-24-1985 by L.L. No. 3-1985]
(b)
Placement of the mobile home must comply with
the minimum area requirements for a one-family dwelling in that district,
including but not limited to lot size and width, yard areas, parking,
and finished grade.
(c)
The mobile home shall be placed directly upon
a permanent foundation consisting of a wall of at least six-inch poured
concrete, or eight-inch cement block, placed upon a pure concrete
footer which is 16 inches wide and six inches deep. This foundation
shall extend a minimum of 42 inches below finished grade. The foundation
shall be adequately vented.
(d)
The mobile home shall be secured to the permanent
foundation in at least each corner by steel rods which are anchored
down through the foundation wall into the footer. When the foundation
walls are made of cement blocks, the corner blocks shall be filled
with concrete. Each anchoring device shall be able to sustain a minimum
load of 4,800 pounds.
(e)
The stem and sewerage disposal system for the
mobile home shall be approved by the County Health Department.
B.
The following uses are permitted in the MHO Zone upon
issuance of a special use permit, in addition to those permitted in
the base residential zone:
(1)
Mobile home park in compliance with the criteria set
forth in this section.
C.
Standards and requirements for the construction of
mobile home parks. Condition of soil, ground water level, drainage
and topography shall not create hazards to the property or the health
or safety of the mobile home park occupants. The site shall not be
exposed to objectionable smoke, dust, noise, odors or other adverse
influences, and no portion subject to predictable sudden flooding,
or erosion and shall not be used for any purpose which would expose
person or property to hazards.
(1)
Site, size, density and setback requirements.
(a)
The minimum site for mobile home parks shall
be five acres.
(b)
The maximum number of mobile home spaces shall
not exceed five per gross acre.
(c)
Each mobile home park shall set aside 10% of
the total acreage of the site as open space and recreation area.
(d)
A setback of 60 feet shall be observed from
the right-of-way of any public road bordering the site to any mobile
home in the park.
(e)
A setback of 30 feet shall be observed from
arty property line excluding a street line or street center line to
any mobile home in the park.
(f)
The site shall be located and laid out so that
no mobile home shall be closer than 100 feet to any existing single-family
or two-family dwelling.
(2)
Lot size, density and setback requirements.
(b)
No mobile home shall be closer than 15 feet
to another mobile home or other structure in the park.
(c)
Each mobile home located in a mobile home park
shall have a front yard, a rear yard and two side yards. No side yard
or rear yard space shall be less than 10 feet in depth and no front
yard shall be less than 25 feet in depth.
(d)
There shall be a minimum setback of 25 feet
observed from an abutting park street to any mobile home in the park.
(e)
Maximum heights for buildings shall be 25 feet.
(3)
Site layout and design requirements. The layout and
design of the mobile home park shall conform to the following:
(a)
Streets.
[1]
All mobile home parks shall be provided with
safe and convenient vehicular access from abutting public streets
or roads to each mobile home lot. Such access shall be provided by
streets, driveways, or other means.
[2]
All mobile home parks containing 20 or more
mobile home sites shall have access from two points along a single
public street or highway, or if bordering on two streets, access can
be one for each street, such access points being separated by at least
100 feet.
[3]
Entrances to mobile home parks shall have direct
connections to a public street and shall be designed to allow free
movements of traffic on such adjacent public streets. No parking shall
be permitted on the entrance street for a distance of 100 feet from
its point of beginning.
[4]
The street system should provide convenient
circulation by means of minor streets and property located collector
streets. Dead-end streets shall be limited in length to 500 feet and
their closed end shall be provided with an adequate turnaround 65
feet in diameter cul-de-sac.
[5]
Each mobile home space in a park shall have
direct access to a roadway, the surface of which shall be constructed
of bituminous concrete or portland concrete cement and shall have
a minimum width of 20 feet. Bituminous concrete surfaces shall consist
of 12 inches ROB gravel laid in two lifts as a base course of three
inches bituminous concrete, applied in two lifts. All other requirements
shall be set by the Town of Bergen.
[6]
Grades of all streets shall be sufficient to
insure adequate surface drainage, but should not be more than 8%.
Short runs with a maximum grade of 10% may be permitted, provided
traffic safety is insured.
[7]
Street intersections should generally be at
right angles and in no case shall any angle or intersection be less
than 75°.
[8]
Entrances and exits shall be so located to provide
a minimum sight distance on the adjacent public road in both directions
from the interior road at the point of intersection of not less than
300 feet.
(b)
Parking.
[1]
Two car parking spaces shall be provided for
each mobile home to meet the needs of occupants of the mobile home
park and their guests without interference with normal movement of
traffic.
[2]
At least one parking space be situated on each
unit, and the remainder may be located in adjacent parking bays along
the park streets.
[3]
Parking may be in tandem.
[4]
Each parking space shall have dimensions of
at least 10 feet by 20 feet and shall have all-weather surfacing.
(c)
Stormwater drainage.
[1]
All mobile home parks shall be well drained
and constructed so as to eliminate the accumulation of standing surface
water for extended periods of time. The drainage system shall consist
of buried corrugated steel pipe to carry stormwater only; or a series
of well-constructed and properly maintained open ditches to carry
surface runoff to off-site drainage channels or on-site drywell(s).
[2]
The drainage system shall be designed to adequately
handle at least that stormwater generated by the site during a ten-year
storm as determined by the U.S. Army Corps of Engineers. It must be
certified by the Genesee County Soil and Water Conservation District
Office that the off-site downstream drainage system is capability
of handling the runoff generated by the park during a ten-year storm.
(4)
Lot requirements.
(a)
Each lot shall front on an approved interior
street.
(b)
Interior lots shall not be permitted to front
on more than one street.
(c)
No more than one mobile home may be placed on
any lot.
(d)
No mobile home shall be located within a park
except in an authorized space, and no mobile home shall be permitted
to occupy any such space unless it is equipped with a properly functioning
lavatory, a bathroom or shower, and one five-pound fire extinguisher.
(e)
No mobile home of less than 600 square feet
shall be permitted in a mobile home park.
(g)
Each mobile home lot shall contain a home stand
to provide adequate support for the placement and tie-down of the
mobile home. The stand shall not leave, shift, or settle unevenly
under the weight of the mobile home as a result of any frost action,
inadequate drainage, vibration or other such forces. The material
used in constructing the stand should be durable and capable of supporting
the expected loan regardless of the weather.
(h)
Mobile homes must have been anchored at all
four corners. Anchors or tie-downs, such as cast-in-place concrete
"dead man" eyelets embedded in concrete screw anchors or arrowhead
anchors, shall be placed at least at each corner of the mobile home
stand and each device shall be able to sustain a minimum load of 4,800
pounds, or as directed by the manufacturer, or by generally accepted
standards (NFPA 501A).
(i)
All occupied mobile homes shall be set on a
stand and skirted with a noncombustible material, which shall be on
all sides of the mobile home and constructed from said side walls
to the level of the surrounding grounds, so as to enclose the area
between the floor of the mobile horse and said surrounding ground.
Such skirting is to be property ventilated and be completed within
30 days after arrival in the park.
(j)
One accessory building, not to exceed 100 square
feet in dimension, may be located on each lot.
(k)
Each lot shall be provided with approved connections
for water and sewer in accordance with the regulations of the Genesee
County and New York State Departments of Health.
(l)
All utilities shall be underground.
(m)
No front or side yard shall be used for storage.
(6)
Electrical systems.
(a)
Except as otherwise permitted or required by
this standard, all electrical installations in mobile home parks shall
be underground, residential distribution designed and constructed
in accordance with local electric utility and with the National Electric
Code. The point of the electrical connection for the mobile home will
be within the area of the mobile home stand.
(b)
The mobile home park secondary electrical distribution
system to mobile home lots shall be single phase, 120/240 nominal.
(c)
Distribution of electricity; capacity.
[1]
For the purpose of this section, where the park
service exceeds 240 volts, transformers and secondary distribution
panel boards shall be treated as services.
[2]
Mobile home lot feeder circuit conductors shall
have adequate capacity for the loads supplied, and shall be rated
at not less than 100 amperes at 120/240 volts.
(d)
Permanent wiring.
[1]
Provisions may be made for connecting a mobile
home power supply assembly by a permanent wiring method and the mobile
home service equipment may provide for installation of a least one
fifty-ampere receptacle.
[2]
Mobile home service equipment may also be provided
with a means for connecting a mobile home accessory building or structure
or additional electrical equipment located outside a mobile home by
a permanent wiring method.
(7)
Gas distribution system.
(a)
Gas equipment and installations within a mobile
home park shall be designed and constructed in accordance with the
applicable codes adopted by the local utility. Where the state or
other political subdivision does not assume jurisdiction, such installations
shall be designed and constructed in accordance with the appropriate
provisions of the current edition of the American National Standard-National
Fuel Gas Code.
(8)
Service buildings.
(a)
Service buildings shall be located in such a
way as to prohibit access directly adjacent to a mobile home lot.
(b)
Service buildings housing sanitation and laundry
facilities or any other facilities shall be permanent structures complying
with the New York State Building Code and the New York State Sanitary
Code and/or all other applicable ordinances and statutes regulating
buildings, electrical installations, and plumbing and sanitation systems.
(9)
Refuse disposal. Park owner's responsibility to provide
for refuse disposal.
D.
Mobile home park licenses.
(1)
It shall be unlawful for any person to maintain or
operate a mobile home park within the limits of the Town of Bergen
unless such person shall first obtain a license therefor.
(2)
The annual license fee for every mobile home park
shall be fixed from time to time by resolution of the Town Board.
(3)
Before receiving a license for a mobile home park,
the owner thereof shall make an adequate showing that the subject
property complies with the provisions of this section.
[Amended 6-12-1989 by L.L. No. 3-1989]
A.
The Floodplain Overlay Zone is shown on the Zoning
Map of the Town of Bergen for information purposes only to identify
potential areas of special flood hazard, to insure coordinated review
of the zoning and flood damage prevention regulations, and to minimize
the threat of flood damages. Exact boundaries of the special flood
hazard areas can be found on the Federal Emergency Management Agency's
(FEMA) most current Flood Insurance Rate Map (FIRM), or equivalent
map for the Town of Bergen (Community Number 361137 B).
B.
In addition to the Zoning Law, areas within special flood hazard areas are regulated by Chapter 275, Flood Damage Prevention, which is administered by the Zoning Enforcement Officer or other designee of the Town Board. These requirements are in addition to those contained in the underlying zoning district.
[Added 5-31-1989 by L.L. No. 2-1989]
