No burial or memorial plots or buildings shall be located closer
than 50 feet to any residential lot line, except that when a dense
evergreen hedge or wall or landscaped strip at least six feet in height
providing complete visual screening from all adjacent residential
property is provided, burial or memorial plots of less than six feet
in height may be located no closer than 20 feet from any residential
lot line.
Excavation for the purpose of soil mining such as gravel pits,
quarrying or any subsoil or topsoil removal shall be regulated under
the Town of Schroeppel Mining Local Law.
One garage sale shall consist of the sale of items by the owner
of the premises or in conjunction with the immediate neighbors of
the owner of the premises over any three consecutive days during any
one calendar year.
In any district where permitted, a gasoline filling station
shall be subject to the following regulations:
A. Filling stations shall be permitted only on lots of 22,500 square
feet or more, with 150 feet minimum frontage.
B. The location of service bays shall be at the discretion of the Planning
Board.
C. The area for use by motor vehicles, except access drives thereto,
as well as any structures shall not encroach on any required yard
area.
D. No fuel pump shall be located closer than 20 feet from any side lot
line not closer than 35 feet from any street line, measured from the
outside edge of the fuel island.
E. No access drive shall be within 200 feet of and on the same side
of the street as a school, public library, theater, church or other
public gathering place, park, playground or fire station unless a
street 50 feet or more wide lies between such service station and
such building or use.
F. All repair work and storage shall be within a completely enclosed
building which has a maximum height of 15 feet. Such repair work shall
not include any body repair work or spray painting or car washing
which requires mechanical equipment.
Individual mobile home sites and mobile home parks are allowed
in RMH-1 and RMH-2 Districts subject to the regulations contained
in the Town of Schroeppel Mobile Home Ordinance.
[Added 6-2-1992 by L.L. No. 5-1992]
The maintenance of a junkyard, as that term is defined in this
chapter, anywhere in the Town of Schroeppel, except on industrially
zoned land upon receipt of site plan approval, is expressly prohibited.
Any person, firm, partnership, association, corporation, company or
organization of any kind who maintains a junkyard for a period of
more than seven days shall be in violation of this chapter and subject
to all penalties hereinafter specified upon a determination by a court
of competent jurisdiction that such a violation has occurred.
[Added 4-7-1993 by L.L. No. 1-1993]
A. Intent.
(1)
It is the intent in S-H (Special Hazard) Districts to permit
those uses enumerated and other uses which may have objectional features
upon the issuance of a special use permit by the Town Board and the
obtaining of site plan approval by the Planning Board.
(2)
The Town Board recognizes that the uses allowed by this section
are or may be reasonably necessary to support our modern and complex
society; however, these uses pose special problems, not only in their
relationship to their site development, but also in relation to their
location within the Town. The indiscriminate location of such uses
presents the possibility of severe and adverse effects on surrounding
land uses and each use presents its own special problems and requires
its own special approach.
(3)
Accordingly, the Town Board, in providing for the protection
of the health, welfare and morals of the citizens of the Town of Schroeppel,
has established this use district in order to be able to oversee and
administer each such proposed use and the parcel upon which it is
proposed to be located.
B. Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
NONTOXIC RECYCLING FACILITY
A materials recycling facility which recycles materials such
as post-consumer paper products, metal beverage cans, glass bottles,
milk or juice cartons, cardboard or any other materials not considered
to be toxic or hazardous in nature by the federal government or any
of its agencies or by the Department of Environmental Conservation
of the State of New York, or as defined in the definition of "toxic
recycling facility."
TOXIC RECYCLING FACILITY
A materials recycling facility which recycles toxic materials,
such as chemicals, nuclear products, paints, asbestos, heavy metals,
petroleum products and all other materials now or hereafter considered
by the federal government or any of its agencies or by the Department
of Environmental Conservation of the State of New York to be hazardous
waste, potential hazardous material, regionalized hazardous material
or toxic in nature. It shall also include medical waste incineration
facilities, soil cleaning facilities which remove chemicals, petroleum
products, nuclear wastes, lead, paints or organic compounds.
C. Lot sizes and yards. By reason of the unique nature and potential
diversity of the specially permitted uses above specified, the minimum
lot sizes, setbacks, parking, landscaping, buffering and site plan
requirements must meet all standards set forth in the industrial districts
standards as set forth in this chapter.
D. Location with respect to other districts and areas. A S-H District
shall not be allowed within or abutting an existing residential district,
within 750 feet from existing residential development, regardless
of such development's district classification, or within a community
resource area or a significant environmental area as such areas are
now or hereafter determined by the Planning Board.
E. Environmental impact compliance. All applications for a S-H District
shall be treated as Type I actions under the regulations regarding
the State Environmental Quality Review Act, and shall meet all of the requirements for Type I actions
before receiving approval from the designated lead agency for the
application.
F. Conditions attached to approvals. In an effort to protect the health,
welfare, safety and general aesthetics of the Town of Schroeppel,
all special permits and site plan approvals granted for recycling
facilities within S-H Districts may have conditions attached thereto
which, in the judgment of the Town Board and/or of the Planning Board,
are necessary to allow the Town to properly monitor the management
of such facility and compliance with such approvals.