Where a district boundary line divides a lot in one ownership at the time of adoption of said district line, the regulations for the less restricted portion of such lot shall extend not more than 50 feet into the more restricted portion provided the lot has frontage on a street in the less restricted district.
The Frankfort Town Board recognizes that sand, gravel and rock resources within its area are necessary and beneficial to the economy of the town and the welfare of its citizens. To provide utilization of these resources in a manner compatible with nearby residential areas and to ensure restoration of commercial excavation areas at the conclusion of operations in such a manner as to conform to the Town Land Development Plan, the following regulations are hereby established:
A. 
Except when incidental to the construction of a building on the same lot, the excavation, processing and sale of topsoil, sand, gravel, clay or other natural mineral deposit, or the quarrying of any kind of rock formation is subject to the approval of the Board of Appeals.
B. 
Before issuing a permit for such use, the Board of Appeals shall find that such excavation or quarrying will not endanger the stability of adjacent land or structures nor constitute a detriment to public welfare, convenience or safety by reason of excessive dust, noise, traffic congestion, or other condition. The Board of Appeals may specify any reasonable requirements to safeguard the public health, safety and welfare in granting such permit, including the following:
(1) 
The slope of material in such topsoil, sand, gravel, clay or other pit shall not exceed the normal angle of repose of such material.
(2) 
The top and the base of such slope shall not be nearer than 50 feet to any property line or nearer than 100 feet to the right-of-way line of any street or highway.
(3) 
In the case of a quarry or other excavation in rock, the Board of Appeals may require a substantial fence at all points 40 feet or more from the face of any quarry walls.
(4) 
Restoration and rehabilitation of the commercial excavation area shall be a continuing operation during each year, and the area quarried shall be regraded and drained so as to assure conformance with the public health, safety and welfare. The Board of Appeals may require a performance bond to assure adequate rehabilitation of commercial excavation sites.
A.[1] No junkyard shall be established or maintained within a distance of 100 feet from any highway or 25 feet from any property line nor elsewhere except after obtaining a permit therefor from the Board of Appeals subject to the Town Junkyard Ordinance[2] and such regulations as the Board may prescribe by general standards and to any conditions that the Board may impose in connection with a particular permit.
A. 
Any of the uses referred to in this section shall be subject to the requirement that such dumping or junkyard:
(1) 
Will not be objectionable by reason of appearance, dust, fumes, odors, smoke, vermin or otherwise detrimental to the public health or safety.
(2) 
Will not interfere with drainage to the extent of being injurious to adjacent land or buildings and water.
(3) 
Shall conform with the requirements of § 136 of the New York State General Municipal Law.
[1]
Editor's Note: Former § 88-26A, which prohibited the location of waste management facilities near certain areas unless a permit could be obtained from the Town Board, amended 6-12-1990 by L.L. No. 3-1990, was repealed 2-21-1995 by L.L. No. 2-1995. This local law also redesignated former § 88-26B as § 88-26A and former § 88-26C as § 88-26B. See now Ch. 86, Waste Management Facilities.
[2]
Editor's Note: See Ch. 49, Junkyards.
[Added 8-21-1973]
In the discretion of the Zoning Board of Appeals, dogs, poultry, fur-bearing animals, hogs or goats may be raised on a farm, provided that the following conditions are met:
A. 
Recognizing property owners within a five-hundred-foot radius of the property do not object;
B. 
That areas used for such animals are kept clean; and
C. 
That no refuse or garbage be used as feed.
[Added 6-22-1987 by L.L. No. 5-1987]
A. 
Individual mobile homes. Location of an individual mobile home may be permitted in any zoning district upon authorization of a special permit by the Zoning Board of Appeals when the Board determines that one of the following criteria has been met:
(1) 
Temporary mobile home. The location of the mobile home is temporary and shall exist only for the purpose of a residence during the construction or reconstruction of a permanent dwelling. In such situations a one-year temporary permit shall be issued, which permit may be renewed for not more than one additional period of six months, upon due cause shown by the applicant. The Board of Appeals, in considering an application for such a temporary mobile home residence, shall determine that:
(a) 
An application for a building/use permit for a permanent residence has been applied for and granted;
(b) 
The location, including front, side and rear yards, and the provision for all sanitary facilities for the temporary mobile home are adequate; and
(c) 
That, upon completion or occupancy of the permanent residence, whichever shall come first, the mobile home will be removed by the owner immediately. In the event that said mobile home is not removed within 30 days of the date of completion or occupancy of the permanent residence, the Town Codes Enforcement Officer shall notify the owner, in writing, that he is in violation of this section of the Code and that the owner has 30 days from the date of said notification to remove the mobile home from the site. If, at the end of said thirty-day period, the mobile home still has not been removed, then the town shall initiate the necessary and appropriate legal action to enforce the removal of said mobile home. Said notification shall include notice that the owner of said mobile home will be responsible for all costs of said removal, including legal fees and court costs incurred by said town in any action to enforce the removal thereof.
(2) 
Agricultural-related mobile home. The location of the mobile home is in conjunction with an operating farm and for the sole purpose of providing residential quarters for a full-time employee deriving a minimum of 75% of his annual income from the farm, and said mobile home shall be within 500 feet of the principal dwelling of the owner of the farm. The Board of Appeals, in considering an application for a mobile home to be located as an accessory dwelling to an operating farm, shall determine that:
(a) 
The location, including front, side and rear yards, and the provision for all sanitary facilities are adequate; and
(b) 
Proper assurances are provided for the removal of any mobile home no longer used for occupancy by a full-time employee of such operating farm, including but not limited to the requirement that the owner of said mobile home shall remove the same from the premises immediately upon the discontinuance of its use by a full-time employee. In the event that said mobile home is not removed within 30 days of the date of discontinuance of its use by a full-time employee, the Town Codes Enforcement Officer shall notify the owner in writing that he is in violation of this section of the Code and that the owner has 30 days from the date of said notification to remove the mobile home from the site. If, at the end of said thirty-day period, the mobile home still has not been removed, then the town shall initiate the necessary and appropriate legal action to enforce the removal of said mobile home. Said notification shall include notice that the owner of said mobile home will be responsible for all costs of said removal, including legal fees and court costs incurred by said town in any action to enforce the removal thereof. Proof of occupancy in connection with farm use shall be filed with the Codes Enforcement Officer annually. The permit shall be valid for a period of one year, at which time renewal of the permit shall be required.
B. 
Mobile home parks.
(1) 
A mobile home park shall be located and maintained only in those districts as permitted in this chapter and in accord with the standards herein set forth.
(2) 
Any proposal for the creation of a new or the alteration of an existing mobile home park shall be required to comply with § 88-16, Planned development districts, and Subsection C, General standards, of this section.
(3) 
Any proposal for a mobile home park shall be required to comply with Part 7 of the New York State Sanitary Code, together with any revisions thereof.
(4) 
All mobile home parks shall obtain an annual operating permit from the Enforcement Officer. All operating permits shall be effective until June 30 of the calendar year of their issuance. An application for a renewable operating permit shall be made to the Enforcement Officer 60 days prior to the expiration date of the previous permit. The Enforcement Officer shall issue or deny such permit in accord with the requirements set forth in this chapter and the established fee schedule. Such renewed operating permit shall run for a period of 12 months, from July 1 through June 30.
(5) 
All existing mobile home parks of record shall comply with these regulations, including the obtaining of an annual operating permit, except that, as long as no addition, expansion or alteration of the use or operation is proposed, they shall not be subject to Subsection B(2) of this section and the area requirements of Schedule A. If, however, any addition, expansion or alteration of the existing mobile home park of record is proposed, said addition, expansion or alteration shall be subject to all provisions of this chapter, including Subsection B(2) of this section and the area requirements of Schedule A.[1] All existing mobile home parks shall be limited to the number and size of mobile homes presently accommodated at the time of adoption of this chapter, except as they shall meet the minimum requirements set forth herein. In addition, existing parks shall comply in every regard with minimum standards for health, sanitation and cleanliness.
[1]
Editor's Note: Schedule A is included at the end of this chapter.
C. 
General standards. In addition to any requirements found elsewhere in the chapter, any mobile home shall be subject to the following conditions:
(1) 
The mobile home shall be provided with a fire-resistant skirt or covering.
(2) 
The mobile home stand shall be improved to provide adequate support for the placement and tie-down of the mobile home. The stand shall not heave, shift or settle unevenly under the weight of the mobile home due to frost action, inadequate drainage, vibration, wind or other forces acting on the structure.
[Added 6-22-1987 by L.L. No. 5-1987]
No travel trailer, boat or boat trailer or recreational vehicle shall be parked or stored in any residential district, except in the side or rear yard. No travel trailer, boat or boat trailer or recreational vehicle shall be used for any residential, commercial or industrial purpose on the premises for a period exceeding two weeks annually. No travel trailer, boat or boat trailer or recreational vehicle shall be located within 10 feet of any property line. For any single property, no more than one type of each unit shall be placed on such property at any given time.
[Added 6-22-1987 by L.L. No. 5-1987]
Fees for mobile homes shall be as follows:
A. 
Temporary mobile home [maximum allowable use, 18 months]:
(1) 
One hundred fifty dollars for the first year, upon application.
(2) 
One hundred fifty dollars for the second period of six months, upon application.
B. 
Agricultural-related mobile home:
(1) 
One hundred dollars upon application for the first year.
(2) 
One hundred dollars for each succeeding year.
C. 
Mobile home parks (new or expansion of existing):
(1) 
One hundred twenty-five dollars per unit, upon application.
(2) 
Fifty dollars annually thereafter for each approved space, whether or not occupied.
[Added 4-9-1991 by L.L. No. 1-1991]
A mobile home shall be allowed as a one-family dwelling as referred to in this chapter upon meeting the following conditions:
A. 
The mobile home must be replacing an existing single-wide or double-wide mobile home which has been destroyed by fire or other causes or has structurally deteriorated to place it beyond repair.
B. 
Said mobile home must be placed upon a foundation consisting of a concrete slab or cellar.
C. 
Said mobile home must meet the dimensions of a double-wide mobile home.
D. 
No building or structure shall be erected until the appropriate permits have been obtained as set forth in Chapter 29 of the Town Code.
E. 
The structure shall have a minimum roof pitch of 4/12.
F. 
The exterior overhang shall be a minimum of 12 inches.
G. 
The structure shall have a shingled roof and vinyl, aluminum or wood siding.
H. 
All area regulations, height regulations and lot size regulations, as more fully set forth in this chapter, must be met.