Signs shall be permitted only according to standards listed below unless otherwise stated in this chapter. A building permit is required with the exception of those signs as noted in Subsections
G,
J and
O of §
265-31 below.
This section is designed to reduce problems caused by inadequate
or poorly designed parking facilities.
A. All uses shall provide adequate off-street parking for all vehicles
parked during typical peak periods. Parking should be designed to
eliminate the need to back out or to park on the shoulder of public
roads.
B. A parking space shall be not less than 10 feet by 20 feet, exclusive
of accessways and driveways. Single-family residences need not exclude
driveway area.
C. Off-street parking areas for nonresidential uses shall provide access
lanes to parking spaces. Parking areas for 50 or more vehicles shall
delineate fire lanes and include no-parking markers.
Minimum standards supplementary to the basic standard cited
above are as follows:
A. One parking space is required for every three seats in a public meeting
place.
B. One parking space is required for each employee on the maximum working
shift in an industrial or light industrial establishment and one parking
space per 250 square feet of gross floor area in a commercial establishment
unless otherwise specified herein.
C. One parking space is required for every 200 square feet of gross
floor area in business and professional offices.
D. One parking space is required for every 100 square feet of gross
floor area in supermarkets and self-service food stores.
Lots, structures, uses of land and structures and characteristics
of use which lawfully existed at the time of the enactment of this
chapter or any amendment thereto and which would be prohibited or
restricted under the terms of these regulations may be continued subject
to the following provisions:
A. Intent. It is the intent of this chapter to permit nonconforming
uses to continue until they are removed, but not to encourage their
survival. A change in the ownership of a nonconforming use, lot or
structure shall not affect the right to continue the use. Where a
use, lot or structure created before enactment of this chapter or
any amendment thereto is rendered nonconforming by the subsequent
enactment or amendment, the purchaser of the property will have the
same rights as the seller.
B. Enlargement. No nonconforming uses shall be enlarged or increased,
nor extended to occupy a greater area of land than was occupied at
the effective date of the adoption of this chapter or any amendment
thereto.
C. Unsafe structures. Any structure or portions thereto declared unsafe
by a proper authority may be restored to a safe condition.
D. Alterations. A nonconforming structure may not be reconstructed or
structurally altered to an extent exceeding in aggregate cost 50%
of the assessed value of the structure, as adjusted to full value,
based upon the State Board of Real Property Tax Services rates of
said structure, unless the structure shall be changed to a conforming
use.
E. Restoration. No nonconforming structure damaged by fire or other
causes to the extent of more than 75% if its assessed value based
upon the State Board of Real Property Tax Services rates, shall be
repaired or rebuilt except in conformity with the requirements of
these regulations; except residential property owners may rebuild
a home on the same foundation area, provided that:
(1) That the property owner provides the Zoning Enforcement Officer an
instrument survey demonstrating that the foundation lies totally within
the property boundaries.
(2) The owner provides County Health Department approval for the new
construction.
(3) All other applicable laws are in compliance with the new construction.
F. Discontinuance. Whenever a nonconforming use has been discontinued
for a period of one year, use shall not thereafter be reestablished
and any future use shall be in conformity with the provisions of this
chapter.
G. Changes. Once changed to a conforming use, no structure or land so
changed shall be permitted to revert to a nonconforming use.
H. Displacement. No nonconforming use shall be extended to displace
a conforming use.
I. Moving. Should any structure be moved for any reason for any distance,
it shall thereafter conform to the requirements for the district in
which it is located after it is moved.
J. Existing undersized lots of record.
(1) Any record lot held in single and separate ownership prior to the
adoption of this chapter and whose area and/or width and/or depth
are less than minimum requirements specified herein for the district,
shall be considered as complying with this chapter and no variance
therefore shall be required provided that:
(2) The minimum lot size of land for such nonconforming lot is at least
75 feet by 150 feet.
(3) In any district where residences are permitted, such undersized nonconforming
lots may be used for not more than one single-family dwelling.
(4) A lot of nonconforming size may be subdivided if each and every subdivision
of such lot is purchased by the owner or owners of the adjoining properties
to increase the size of said owner's property.
[Added 9-17-2013 by L.L. No. 1-2013]
A. The stand shall be set back not less than 20 feet from the edge of
the pavement or road surface.
B. Sufficient area shall be provided to accommodate off-street parking
for not less than three vehicles on site.
C. Such stands (including signs associated with such use) shall be removed
and appropriately stored within 10 days of the end of the harvest
season.
This section is intended to reduce impacts on neighboring property
owners and health and safety problems which may accompany alternate
energy systems.
A. Refer to the §
265-72 for all wind energy conversion system standards and requirements.
B. All energy collection/storage facilities and appurtenant electrical
equipment shall cause no undue interference, noise, or glare.
C. The height limitations of this chapter shall not apply to non-wind-generated
alternative energy systems, provided that such structures are erected
only to such a height as is necessary to accomplish the purpose for
which they are intended, and that such structures do not obstruct
solar access to neighboring properties.
D. Nothing in this section shall be deemed to give any applicant the
right to cut down surrounding trees and vegetation on the site or
any other property to reduce turbulence and increase wind flow to
a wind energy conversion system (WECS). Nothing in this section shall
be deemed to give any applicant the right to cut down surrounding
trees and vegetation on other property not owned by the applicant
to enhance solar access. Nothing in this section shall be deemed a
guarantee against any future construction or Town approvals of future
construction that may in any way impact the solar access or wind flow
to any WECS. It shall be the sole responsibility of the facility operator
or owner to acquire any necessary solar, wind flow or turbulence easements,
or rights to remove vegetation.
All residential habitation shall be in residential dwellings
as defined in this chapter. No basement sited independently of a structure
shall be inhabited as a dwelling.
Swimming pools may be installed only as accessory structures
to a dwelling for the private use of the owners or occupants of such
dwelling and their families and guests. No swimming pool shall be
installed or maintained unless:
A. Such pools are installed in the rear of or side yard of the premises,
unless hardship is shown.
B. The setbacks from the side and rear lot lines shall be at least 15
feet.
C. Anything in this chapter to the contrary notwithstanding, for in-ground
pools, there shall be erected and maintained a good quality fence
four feet in height, enclosing the entire portion of the premises
upon which such pool exists, shall be installed and entirely surrounding
the area in which such pool is located.
D. Every gate in a fence enclosing any pool, except an opening through
the dwelling or other main building of the premises, shall be self-closing
and self-latching as required in the NYS Uniform Fire Prevention and
Building Code. Ladders on all aboveground pools shall be retractable
or capable of being locked at all times the owner or occupant of the
premises is not present at such pool.
E. This section does not apply to farm ponds or other natural or artificial
made bodies of water located in residential areas.
This section is intended to provide the minimum level of control
necessary to accomplish the health, safety, and aesthetic objectives
of the Town. The provisions in this section shall only be applicable
to satellite parabolic antennas where the dish dimension measures
greater than 36 inches in diameter. Any antenna dish measuring 36
inches or less in diameter shall be exempt from the requirements found
in this section.
A. All parabolic antennas shall be located on the ground at natural
grade only and shall not be installed on or above any buildings.
B. All parabolic antennas will be located in rear yards, except they
may be placed in a front yard if a two-hundred-foot setback from the
front lot line can be obtained.
C. One parabolic antenna shall be allowed per lot.
[Added 9-17-2013 by L.L. No. 1-2013]
A. Family day-care home and/or group family day care.
(1)
All family day-care home and/or group family day care providers
must be licensed and registered by the Buffalo regional headquarters
of the New York State Office of Children and Family Services which
is administered by the Orleans County Department of Social Services.
The Orleans County Department of Social Services is responsible for
registration, licensing and enforcement of family day-care homes and
group family day-care homes.
(2)
A family day-care home and/or group family day care provider
must register with the Town of Kendall, provide a copy of the license
and/or a registration issued by the Orleans County Department of Social
Services and provide a copy of the liability insurance certificate
that covers the family day-care home and/or group family day care
provider.
(3)
The license issued by the Orleans County Department of Social
Services is reviewed every two years, and the home care provider must
update the Town of Kendall of any changes to his license and/or registration.
(4)
A family day-care home and/or group family day care provider
must meet all New York State building codes, New York State Health
Department codes, and all New York State Office of Children and Family
Services requirements for a family day-care home and/or group family
day care provider.
(5)
A family day-care home and/or group family day care center shall require a site plan review and approval by the Planning Board, a public hearing and a permit issued by the Zoning (Code) Enforcement Officer per Article
III of the Town of Kendall Zoning Ordinance.