A.
The following temporary structures shall be deemed to be permitted
uses in all zoning districts:
(1)
Temporary structures or uses incidental to construction work, including
a nonilluminated sign not exceeding 12 square feet in area of any
contractor, engineer or architect, shall be permitted for a period
concurrent with the building permit, provided that any such structure
shall be removed forthwith upon the completion or abandonment of the
construction work. Any extension of said time limit shall require
the approval of the Code Enforcement Officer.
(2)
The temporary use of a dwelling as a model home shall be permitted
for a period of time not to exceed two years from the date of the
issuance of the building permit. Any extension of said time limit
shall require the approval of the Town Board.
(3)
Any temporary structures or uses permitted by the Town Board.
A.
No part of any building used as a filling station, gasoline service
station or public garage and no filling pump, lift or other service
appliance shall be erected within 25 feet of any R or AG District
boundary or within 300 feet of any school, church, playground or park.
B.
No gasoline or oil pump, no oiling or greasing mechanism and no other
service appliance shall be installed in connection with any filling
station, gasoline service station or public garage within 20 feet
of any street line.
C.
Two reservoir spaces for each gasoline pump shall be provided on
the lot for waiting vehicles. Such reservoir space shall not include
space at the pump or required parking space.
D.
Storage of gasoline shall be in tanks approved by the appropriate
New York State and/or federal agencies.
E.
There shall be no use of the lot except for landscaping or screening
within 20 feet of any R or AG District boundary.
Except for farms or one-family or two-family residences, any
portion of a lot used for open off-street parking or reservoir space
or for open sales, service or storage areas for motor vehicles, contractor's
equipment or boats shall be deemed to be an automotive use area and
shall be subject to the following requirements:
A.
Surfacing. Every automotive use area and access driveway thereto
shall be surfaced with a durable and dustless material and shall be
so graded and drained so as to dispose of surface water accumulation.
B.
Lighting. Any fixture used to illuminate any automotive use area
shall be so arranged as to direct the light away from the street or
road and away from adjoining premises.
C.
Screening and green area. Every automotive use area, except off-street
parking areas for less than five vehicles, shall be separated from
any adjoining lot in any R or AG District, including lots situated
across the street or road, as follows:
(1)
Green area: along a street or road line, by a live planting strip
five feet wide; provided, however, that no shrub planting or tree
foliage shall be placed or maintained which obstructs vision at an
elevation between three feet and seven feet above the street or road
level. Such planting strips may be interrupted by normal entrances
and exits.
(2)
Screening area: along a rear lot line or an interior side lot line
which abuts an existing or future rear yard or side yard on such adjoining
lots, by a compact evergreen hedge which will reach a height of five
feet within three years or by a solid uniformly painted fence or an
unpierced masonry wall five feet in height. Such screening shall be
maintained in good condition at all times.
D.
Access.
(1)
No entrance or exit to any automotive use area shall be permitted
within 30 feet of any intersecting street or road lines and, except
for off-street parking areas for uses permitted in any R or AG District
requiring less than 10 parking spaces, no entrance or exit shall be
permitted within 20 feet of a lot in any R or AG District.
(2)
Access to automotive use areas, except for off-street parking areas
in an R or AG District for less than five vehicles, shall be approved
by the Town Highway Superintendent and shall be so arranged that vehicles
shall not be required to back into a street or road.
E.
Restriction on use. No automotive use area shall be used for auto
wrecking or for the storage of wrecked, partially dismantled or junked
vehicles or equipment.
Where a lot is divided by any zoning district boundary so as
to be in more than one zoning district and where such lot was an existing
lot when such district boundary was established, a conforming use,
occupying 50% or more of the area of said lot and having a street
or road frontage in the district where permitted, may be extended
on such lot not more than 25 feet (measured perpendicular to the district
boundary) into any district where such use is not permitted.
[Amended 7-9-2009 by L.L. No. 3-2009]
No dwelling shall be erected on any lot which does not have
either:
A.
Immediate
minimum frontage for the zoning district within which it is located
on an existing or platted street or highway.
B.
A right-of-way
of a minimum of 50 feet, deeded in fee to the applicant which will
not adversely affect the required frontage of an adjoining conforming
lot located on an existing or platted street or highway.
Where a loading or unloading platform or any service entrance
in a C District faces any lot line which coincides with any R or AG
District boundary, such platform or service entrance shall be effectively
screened from such R or AG District in a manner approved by the Town
Board.
A.
No persons, 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 or paved parking area on such premises
and excavation or grading incidental thereof; provide, however, that
the Town Board may, by special permit, grant an application for such
stripping where it finds that such will not be detrimental to the
adjoining land and building development.
B.
Existing natural features, such as trees, brooks, drainage channels
and views, shall be retained. Whenever such features interfere with
the proposed use of such property, a retention of the maximum amount
of such features consistent with the use of the property shall be
required.
A.
A junk vehicle is herein described as any discarded, wrecked, partially
dismantled or abandoned automobile, truck, van, recreational vehicle
or trailer. One such vehicle that is not stored in an enclosed building
is permitted in any district, with one additional vehicle permitted
in the AG District. In all districts, those vehicles that are not
stored in an enclosed building must be parked out of sight from the
street or highway or behind the primary structure on the owner's property.
B.
Exceptions. Exceptions shall be:
(1)
Vehicles used and intended for use by the owner, such as seasonal,
utility and snow plows.
(2)
Vehicles for sale by the resident of the property, parked in a safe
fashion for up to 60 days from the first verification by the Code
Enforcement Officer.
(3)
Commercial vehicles owned by the resident of the property, subject
to any other restrictions appearing elsewhere in this code.
(4)
Vehicles which are stored on the premises of an approved motor vehicle
sales or service business.
C.
Notwithstanding, no vehicle shall be parked in a hazardous location,
blocking visibility or within 10 feet of the road right-of-way nor
in a dangerous condition with broken glass or leaking flammable or
toxic fluids.
D.
Notice of violation shall be served to the owner, the owner's executors,
legal representatives or agents or any other person having ownership
or vested interest in the property (as shown on the town's most recent
assessment roll) on which the vehicle is located.
