A. 
All residential, commercial and industrial structures shall have and maintain adequate and sanitary sewage disposal systems in accordance with state and local regulations, to include indoor plumbing and adequate and approved septic system or connection to public sewer.
B. 
On all premises, any storage of garbage, offal or other noxious domestic wastes that could create a public health nuisance by attracting, feeding or harboring rodents, insects or other animals or by creating an offensive odor shall be stored in a sanitary manner in covered containers and removed from the premises on a regular periodic basis.
In all districts, uses are not permitted which exceed the following standards measured at the individual property line. The Planning Board under its powers of site plan review and approval shall decide whether uses meet the standards. All uses shall meet New York State air and water pollution standards and shall not:
A. 
Emit noise in excess of 70 decibels (dbA).
B. 
Emit any odor which is considered offensive.
C. 
Emit dust or dirt which is considered offensive.
D. 
Emit any smoke in excess of Ringlemann Chart No. 2.
E. 
Emit any noxious gases which endanger the health, comfort, safety or welfare of any person or which have a tendency to cause injury or damage to property, business or vegetation.
F. 
Cause, as a result of normal operations, a vibration which creates displacement of 0.003 of one inch.
G. 
Create glare by lighting or signs which could impair the vision of a driver of any motor vehicle.
H. 
Cause a fire, explosion or safety hazard.
I. 
Cause harmful wastes to be discharged into the sewer system, streams or other bodies of water. Effluent disposal shall comply with applicable sanitary ordinances.
A. 
Storage of any highly flammable liquid in tanks above ground with unit capacity greater than 550 gallons shall be prohibited, unless such tanks up to 10,000 gallons' capacity are placed not less than 80 feet from all property lines and unless all such tanks of more than 10,000 gallons' capacity are placed not less than 200 feet from all property lines.
B. 
Tanks having a capacity greater than 550 gallons shall be properly retained with dikes having a capacity not less than 1 1/2 times the capacity of the tanks surrounded.
[Added 4-21-2009 by L.L. No. 2-2009]
A. 
Air pollution prohibited. It shall be unlawful to burn any material such as garbage, rubber goods, paper goods, plastics, vegetation, construction debris, or any material which would pollute the surrounding air by smoke from burning. At the time of any burning, the prevailing winds shall be away from populated areas and the burning shall not create a nuisance to the public.
B. 
Exclusions. The above subsection does not apply to the use of outdoor grills, fireplaces and barbecue pits used for cooking where such facilities are permanent or portable and noncombustible. Such facilities shall not be used for disposal of refuse or waste. Attended campfires will also be allowed. However, all campfires shall be outdoor open fires no larger than three feet in height, length and width or diameter.
C. 
Fire training exclusions. Fire training, including firefighting, fire rescue, and fire/arson investigation training, performed under applicable rules and guidelines of the New York State Department of State's Office of Fire Prevention and Control. For fire training performed on acquired structures, the structures must be emptied and stripped of any material that is toxic, hazardous or likely to emit toxic smoke (such as asbestos, asphalt shingles and vinyl siding or other vinyl products) prior to burning and must be at least 300 feet from other occupied structures. No more than one structure per lot or within a three-hundred-foot radius (whichever is bigger) may be burned in a training exercise. This subsection is subject to notification terms and conditions as set forth in Subsection G herein.
D. 
Emergency burns exclusions. Burning on an emergency basis of explosive or other dangerous or contraband materials by police or other public safety organization. This subsection is subject to notification terms and conditions as set forth in Subsection G herein.
E. 
Ceremonial exclusions. Small fires that are used to dispose of a flag or religious item(s), and small fires or other smoke-producing process where not otherwise prohibited by law that are used in connection with a religious ceremony. Also excepted are municipal or scholastic ceremonial or celebratory bonfires where not otherwise prohibited by law, provided that only natural untreated wood or other agricultural products are used as fuel and the fire is not left unattended until extinguished. This subsection is subject to notification terms and conditions as set forth in Subsection G herein.
F. 
Agricultural exclusions. On-site burning of agricultural wastes as part of a valid agricultural operation on contiguous agricultural lands larger than five acres actively devoted to agricultural or horticultural use, provided such waste is actually grown on those lands and such waste is capable of being fully burned within a twenty-four-hour period. "Agricultural land" is land and on-farm buildings, equipment, manure processing and handling facilities, and practices that contribute to the production, preparation and marketing of crops, livestock and livestock products as a commercial enterprise, including a commercial horse boarding operation and timber processing. Such farm operation may consist of one or more parcels of owned or rented land, which parcels may be contiguous or noncontiguous to each other. "Agricultural waste" is any waste from naturally grown products such as vines, trees and branches from orchards, leaves and stubble. Agricultural waste does not include pesticide containers, fertilizer bags, large plastic storage bags (including bags commonly known as "Ag bags"), offal, tires, plastic grain bags, and other plastic or synthetic materials. This subsection is subject to notification terms and conditions as set forth in Subsection G herein.
G. 
Notification. The local Fire Department and Code Enforcement Official shall be notified whenever outdoor burning is to be conducted for agricultural, ceremonial, emergency burns or fire training exclusions. Notification shall include such information as time, location and material to be burned.
H. 
Enforcing officer. Enforcement of this section is entrusted to the Town of Lenox Codes Enforcement Officer who, by virtue of his or her office, title or position, is authorized or required to enforce any state statute, local law, ordinance, rule or regulation relating to regulating burning in the Town of Lenox and is hereby authorized to issue an appearance ticket directing a person to appear in the local criminal court at a designated time and date in connection with his or her alleged commission of an offense under any recognized law that regulates burning in the Town of Lenox; however, a peace officer may issue an appearance ticket relating to the enforcement of any state statute, local law, ordinance, rule or regulation of burning in the Town of Lenox.
I. 
Penalties. Violation of this section, upon conviction, shall carry a fine of not less than $50 nor more than $250 or imprisonment of not more than 15 days. Each day of continued violation is a separate and distinct offense.
A. 
For every building hereafter erected, altered, extended or changed in use, there shall be provided off-street parking spaces as required below. A required parking space shall be at least 10 feet wide by 20 feet long. An access driveway shall be at least 10 feet clear in width for each lane except for one-family and two-family residential uses, where eight feet of width may be used.
(1) 
Residential uses; one-family, two-family dwelling units: two parking spaces for every dwelling unit.
(2) 
Multiple-family dwelling units: two parking spaces for every dwelling unit.
(3) 
Hotel, motel, tourist home, boardinghouse: three spaces, plus one space for every guest room.
(4) 
Places of public assembly; every structure used as a theater, amusement facility, auditorium, community center, club, stadium, library, museum, church, lodge hall or other place of public or private assembly which provides facilities for seating people: one parking space for every five seats. Where there are no seats provided in the place of assembly, one parking space shall be provided for every 100 square feet of floor area.
(5) 
Business, professional and medical offices; home occupation: one parking space, plus one space for every 120 square feet of floor space or floor area in home occupations or for each 25 square feet of waiting room, whichever requirement is greater.
(6) 
Commercial, business and unspecified uses: one parking space for every motor vehicle used directly in the business, plus one parking space for every 120 square feet of floor area.
(7) 
Restaurant, eating and drinking establishments: one parking space for every 100 square feet of floor space.
(8) 
Outdoor recreation. As required by the Planning Board, based upon use, intensity, turnover, customers, employees and vehicles used.
B. 
Special parking and loading space requirements.
(1) 
The Planning Board may require additional off-street parking and loading spaces for any use if it finds that for any particular use the above-required minimum spaces are not sufficient for the safety and general welfare of the public. The Planning Board may also waive the minimum required off-street parking and loading spaces and allow for a reduced number of off-street parking and loading spaces if the applicant demonstrates through competent evidence and the Planning Board determines that the minimum requirements are too excessive and onerous for the proposed use and building/structure and the general health, safety and welfare of the public will be protected. In making its determinations under this subsection, the Planning Board shall consider the recommendations of the Town of Lenox Code Enforcement Officer and Fire Marshal.
[Amended 5-9-2022 by L.L. No. 4-2022]
(2) 
All parking spaces and loading spaces shall be on the same lot as the building, except that, with the issuance of a special use permit by the Planning Board, parking spaces may be provided by the applicant on other property, provided that such land lies within 400 feet of an entrance to the principal building. Such parking space shall not thereafter be reduced or encroached upon in any manner without first obtaining issuance of a special use permit by the Planning Board.
(3) 
Open space associated with the permitted use shall not be reduced or encroached upon by parking spaces or loading areas.
(4) 
Parking spaces for any number of separate uses may be combined in one parking lot, but the required space assigned to one use may not be assigned to another at the same time, except upon approval of the Planning Board for churches, theaters or assembly halls.
(5) 
Where any nonresidential district or use abuts a residential district or use, the parking space and loading space shall be no closer than 15 feet to the property line abutting the residential district.
(6) 
No required front yard or part thereof in any district shall be used to provide required parking space or loading space.
A. 
Permit. A sign permit must be obtained from the Zoning Enforcement Officer upon approval of the Planning Board prior to the installation of any sign which exceeds four square feet in area. This section does not pertain to governmental or quasi-governmental signs (traffic, street, etc.) or any sign required by any law, ordinance or governmental regulation.
(1) 
Sign replacement. The Zoning Enforcement Officer has the authority to approve any existing sign replacements that are substantially the same in location, size and description.
[Added 8-14-2017 by L.L. No. 7-2017]
B. 
Prohibited signs. Signs shall be prohibited within 500 feet of the Erie Canal State Park and within 600 feet of the New York State Thruway.
C. 
Sign sizes and permitted locations. Signs permitted in all districts without a permit include:
(1) 
Signs advertising the sale, rental or lease of the premises, such sign not to exceed 12 square feet in area. No more than one sign per premises.
(2) 
Professional nameplates and home occupational signs and homeowner identification signs: one allowed per premises, not to exceed three square feet; it must be attached to the premises.
(3) 
Signs advertising the sale of farm products grown on the premises in AG and AR Districts only. Such signs shall not exceed 12 square feet; there shall be no more than one sign per premises, and such signs shall be left up during the selling season only.
D. 
Signs permitted in all districts with a sign permit.
(1) 
Off-premises signs. Such signs shall be no closer to the highway right-of-way than 25 feet, at which point the maximum sign size allowed shall be 25 square feet. The maximum sign size allowed shall increase one square foot for every one lineal-foot increase in setback from the highway right-of-way. This same formula shall be used to determine maximum sign size with regard to the Erie Canal State Park property line and sign distance therefrom.
(2) 
In residential districts, signs existing prior to adoption of this chapter and advertising on-premises nonresidential uses shall not exceed 12 square feet in area; and new signs, including signs replacing old signs which existed prior to adoption of this chapter, shall conform to the twelve-square-foot-area maximum limit.
E. 
Sign sizes allowed in business, commercial and industrial districts with a sign permit.
(1) 
On-premises advertising signs not to exceed two square feet for each linear foot of building frontage occupied by the principal building shall be allowed; total area of the sign shall not exceed 200 square feet.
(2) 
No more than two signs per commercial or industrial use shall be allowed; however, one additional identification sign not exceeding four square feet will be permitted.
(3) 
Sign size allowed in Major Highway District for bed-and-breakfast establishments with a special permit: one on-premises advertising sign not to exceed 12 square feet. Such sign shall be no closer to the highway right-of-way than 25 feet.
[Added 7-10-1989 by L.L. No. 4-1989]
F. 
Traffic obstruction or hazard.
(1) 
No sign shall be permitted which may impair public safety; restrict vision between intersecting streets, streets and sidewalks, around curves, etc.; be confused with traffic sign or signal or obstruct the same; or constitute a hazard to public safety.
(2) 
Illuminated signs shall employ only lights emitting a light of constant intensity; flashing, rotating or moving lights shall not be allowed. Illuminated signs or lighting devices shall not be placed or directed so as to cause either direct or indirect glare or reflection upon any highway or other premises that may constitute a traffic hazard or nuisance.
(3) 
Banners, posters, pennants, streamers or similar moving or fluttering devices shall not be a part of any sign and shall be prohibited.
(4) 
Setback. All signs shall observe a twenty-five-foot minimum setback from the highway right-of-way. However, signs otherwise in conformance with this Subsection F which are located along NYS Route 31 may be allowed to be placed no closer than five feet from the highway right-of-way.
[Amended 1-10-2022 by L.L. No. 1-2022]
G. 
Abandoned signs. Any sign which no longer advertises an existing business conducted or product sold on the premises shall be removed by the real property owner within six months of the discontinuation of the use.
H. 
Temporary signs. A temporary permit may be issued for signs such as political posters, banners, promotional devices and the like for a period not to exceed 30 days, provided that such signs are not attached to utility poles, and provided that all such signs shall be removed at the expiration of the permit. Temporary signs shall observe a fifteen-foot setback. Issuance of temporary sign permit shall be made by the Zoning Enforcement Officer upon finding that the signs applied for are not detrimental to the health, safety and welfare of the public. All locations must be identified in the application.
I. 
Back-to-back "A" or "V" signs. For the purposes of this chapter, back-to-back "A" or "V" signs may be counted as one sign, and the large side shall be counted as the sign size according to this chapter.
J. 
Revocation of sign permit. All signs must be kept in a neat and orderly appearance. Safe structural maintenance is also required. Any sign failing to meet such standards, upon written notice by the Zoning Enforcement Officer to the owner of such sign and/or premises on which such sign is situated, shall have a ninety-day period to conform to acceptable standards, as determined by the Planning Board at a regular meeting. In the case of a failure to comply within the prescribed period, the sign permit shall be revoked and the sign removed within 30 days of notice to remove such sign. This section shall apply to all signs in the Town of Lenox, regardless of the time when they were installed.
[Amended 11-14-1994 by L.L. No. 2-1994]
Public utility substations and similar utility structures shall comply with the following:
A. 
The facility shall be surrounded by a fence set back from property lines in conformance with district regulations for front, side and rear yards.
B. 
A landscaped area at least 15 feet wide shall be maintained in front, rear and side yards.
C. 
There shall be no open equipment visible from surrounding property.
D. 
Where practical, low-profile equipment shall be used.
A. 
Contractor yards. Any area used for the outdoor storage of construction equipment and/or heavy machinery shall be no closer to any public highway than 200 feet. The front yard shall be minimum of 100 feet; side and rear yards shall be a minimum of 80 feet. Contractor yards shall have two years after the adoption of this chapter within which they must comply with the regulations prescribed herein.
B. 
Junkyards. Any area used for accumulating and storage of unlicensed automobiles, machinery, scrap metal, junk, rubbish, scrap paper, parts of buildings or materials may not be any closer than 500 feet from any public highway. The minimum lot size shall be five acres. The maximum accumulation shall be 30 autos or auto bodies. Front, side and rear yards shall be a minimum of 150 feet. Junkyards shall have two years after the adoption of this chapter within which they must comply with the regulations prescribed herein.
C. 
Screening and landscaping for junkyards and contractor yards.
(1) 
All such areas utilized as outlined above shall be screened on all sides by a fence, providing a visual barrier, of not less than six feet of such material, maximum height and design as approved by the Planning Board. This fence may be expanded as the area used expands, but in no event shall it come any closer to the lot line than the front, side and rear yard distances as prescribed above.
(2) 
In the rear and side yards, three rows of evergreen seedlings of a variety as approved by the Planning Board, excluding Larch or Tamarac, shall be planted and maintained around the property line in staggered fashion. Two rows of Larch or Tamarac or similar fast-growing varieties as approved by the Planning Board, seedling size, shall be planted and maintained in addition closest to the property lines. All natural trees within the side and rear yards shall be retained. Planting plans shall be required prior to issuance of a special permit. The front of such fencing shall be planted and maintained with Cedar or other evergreens approved by the Planning Board planted in two staggered rows of not more than five feet apart, with plants no more than five feet apart in each row.
A. 
Minimum landscaping requirements:
(1) 
Where any land use in nonresidential districts abuts land in any residential district, a strip of land at least 15 feet in width shall be maintained by the owner as a landscaped area in the front, side and rear yards of the part of nonresidential districts abutting residential districts.
(2) 
Where any permitted nonresidential land use or multiple-family development or mobile home park in a residential district abuts any land use in a residential district, a strip of land at least 15 feet in width shall be maintained as a landscaped area in the front, side and rear yards of the part of nonresidential districts abutting residential districts.
(3) 
Landscaping shall be installed and maintained in a healthy growing condition in front, side and rear yards and shall take the form of shade trees, deciduous shrubs, evergreens, well-kept grassed areas and ground cover.
(4) 
All nonresidential uses must reserve 10% of the lot area, exclusive of parking and buildings, in landscaping.
B. 
Screening service and parking area requirements. In any district, all areas designated or used as service and parking areas for any building or land use, other than one- and two-family dwelling units, shall be screened from view with either a wall, a solid fence or a fence and evergreens, to a height of at least five feet above grade level, on all sides where adjacent land is in a residential district or use.
C. 
Care and maintenance of property. On all lots of two acres or less and any property with structures or adjacent property within 200 feet of property lines, the owner, lessee, tenant or any other person who has the management or control of or who occupies any lot or plot of land in the Town shall keep such land at all times free and clear of accumulations of rubbish, refuse, building debris, brush cuttings, garbage, offal or other similar substances, except such as may be deposited in covered containers and removed from the premises on a regular periodic basis.
A. 
Swamps and wetlands. Areas with permanent or seasonal standing water or those defined as swamps and wetlands on United States Geological Survey (USGS) maps shall not be filled or in any way altered so as to reduce their natural functions. No building permit shall be issued for any activity upon fill that has been placed in such swamp or wetland areas. This section shall not apply to the normal activities of the Cowaselon Creek Watershed Protection District. Dredging of swamps and wetlands may be allowed by special use permit upon a finding that the natural function of the wetland will not be adversely affected.
B. 
Steep slopes.
(1) 
No construction will be allowed on any ground with a slope in excess of 15%. Upon the request of the Zoning Enforcement Officer, the applicant for a building permit shall provide the Zoning Enforcement Officer with a certified site plan by a licensed engineer attesting to the fact that the proposed building and septic tank site is not on nor within 100 feet from a slope in excess of 15%. All bare slopes in excess of 10% must be reseeded or reforested. All logging activities on slopes in excess of 10% shall be done according to standards as prescribed by the New York State Department of Environmental Conservation's Division of Lands and Forests. No clear-cutting of wooded slopes will be allowed where such slopes are in excess of 10%.
(2) 
Special use permits are required for all construction on sites with slopes of 15% or greater unless a variance is obtained based on unique design.[1]
[1]
Editor's Note: Former Section 809.3, Floodplains, which immediately followed this section, was repealed 11-14-1994 by L.L. No. 2-1994.
C. 
Storage of chemicals. Storage of bulk chemicals, oil, pesticide and fertilizer shall not be any closer than 100 feet from any surface of water, stream, ditch or watercourse. All state requirements shall be met.
A. 
Extraction of natural products; topsoil; sand; gravel or stone. In any district, the removal of soil, sand, gravel or quarried stone for sale, except when incidental to construction of a building on the same premises, shall be permitted only after issuance of a special use permit by the Planning Board. In any district, the following provisions shall apply:
(1) 
The removal of all material shall be conducted so as to result in the improvement of the land, having due regard to the contours in the vicinity such as leveling slopes and removing hills. The digging or creating of pits or steep slopes shall not be permitted, unless provision is made to refill such pits.
(2) 
The excavation operation sites shall be graded smooth and left in a neat condition. Cut slopes and spoil banks shall not be allowed to remain. The operation site shall be fertilized, mulched and reseeded so as to establish a firm cover of grass or other vegetation sufficient to prevent erosion, under the supervision and to the satisfaction of the Zoning Enforcement Officer.
(3) 
All surface drainage existing or developing by or through the excavation operations shall be controlled by the owner to prevent erosion debris and other loose materials from filling any drainagecourse, street or private property. All provisions to control natural drainage water shall meet with the approval of the Zoning Enforcement Officer.
(4) 
Materials used for excavation or blasting shall not be located within 200 feet of any street or other property line.
(5) 
Power-activated sorting machinery or equipment shall not be located within 300 feet of any street or other property line, and all such machinery shall be equipped with satisfactory dust-elimination devices.
(6) 
All excavations that create slopes in excess of 50% shall be adequately fenced, as determined by the Zoning Enforcement Officer.
(7) 
Extension of an existing nonconforming operation shall not be permitted.
(8) 
Stripping of topsoil for sale for use on other premises, except as may be incidental to an on-premises construction project or pond or other wetland construction project and excepting 25% of the topsoil of any given premises subject to Subsection A(9) of this section shall be prohibited.
(9) 
A land reclamation plan must be submitted prior to issuance of a special use permit under this section. The Planning Board may require the posting of a performance bond to assure compliance with the plan prior to the issuance of a special use permit.
B. 
Landfill. In any district, the dumping of refuse and waste material for landfill is prohibited. Loam, rock, stone, gravel, sand, cinders and soil may be used for landfill to grades approved by the Zoning Enforcement Officer.
C. 
Grading. No grading, cut or fill shall be carried out in any district which leaves the slope of finished grade in excess of 50% (one foot vertical for every two feet of horizontal distance).
A. 
Historic buildings and sites; areas of unique aesthetic or scenic quality or natural beauty.
(1) 
The Town Historian, with the assistance of the County Historical Society, shall submit, as a portion of this chapter, a list of historic or architecturally significant buildings; historic site and unique natural sites: those unique irreplaceable natural and cultural contributions to the quality of the environment of the Town of Lenox, the preservation of which should act to protect the heritage of the Town of Lenox for the enjoyment of generations to come. This list may be amended periodically by the Town Board (see attached list[1]).
[1]
Editor's Note: The list, Buildings of Significant Historic Value in the Town of Lenox, is in § 134-72.
(2) 
A special use permit shall be required prior to any activity on or to any building or site on the above-mentioned list. The application must be received 62 days prior to the public hearing, and the Planning Board shall render a decision within 30 days after said hearing. In cases where a historic structure is proposed for destruction, the application shall be made 90 days prior to the public hearing, and the Planning Board shall render its decision within 45 days after said hearing. At the time of receipt of applications for a special use permit under this section, the matter shall be referred to the Town Historian, County Historical Society, Zoning Board of Appeals, County Parks Commission and any other interested groups for their recommendations and/or preservation efforts.
[Amended 11-14-1994 by L.L. No. 2-1994]
(3) 
A special use permit shall be issued upon a finding that:
(a) 
There is no equitable alternative to destroying the building or buildings upon the site.
(b) 
The proposed action will not have a detrimental effect on the implementation of the Town of Lenox Master Plan, as amended.
(c) 
The proposed changes will not adversely affect the historic character or architectural integrity of the sites or buildings under discussion.
Notwithstanding any other provision of this chapter, all buildings must observe a two-hundred-foot setback from any property line of the Erie Canal State Park. Dumps, contractor yards and junkyards shall not be any closer than 1,000 feet from any Erie Canal State Park property line.
[Amended 8-14-2023 by L.L. No. 5-2023]
No person shall own or harbor within the Town any animal except domesticated dogs and cats, rabbits, chicken hens and those animals domiciled within the owner's household and only as provided in this chapter. No person shall allow any animal to run at large within the Town.
[Amended 11-14-1994 by L.L. No. 2-1994; 10-12-2015 by L.L. No. 5-2015]
Recreational vehicles, as defined under zoning definitions, § 134-4, shall not be used as temporary living quarters or residences in the Town of Lenox except as follows:
A. 
Recreational vehicles may be used as temporary living quarters or residences at in-season Town of Lenox or State of New York designated campgrounds for a time period commencing May 1 through and until October 31 in any calendar year. This includes private and public campgrounds. Any person with a recreational vehicle setup at a designated campground in the Town of Lenox may leave the recreational vehicle at the campground in the off season but shall not use the recreational vehicle as living quarters during the off season; and
B. 
Recreational vehicles may be used for overnight lodging not to exceed the aggregate of two weeks per calendar year for visiting family members on property that is primarily used as a residence and that is in conformity with Town of Lenox local law.
A. 
No construction of structures shall be allowed in the clear zones (see definition in § 134-4) of public airports. Federal Aviation Administration (FAA) recommendations shall be followed. This section shall not apply to such clear zones for runways under 1,800 feet in length.
[Amended 10-5-1987 by L.L. No. 13-1987]
B. 
Location and design of new airports, airfields, airstrips and clear zones shall conform to FAA standards.
[Added 7-8-1996 by L.L. No. 3-1996]
A. 
The following shall be fully documented:
(1) 
The need in the Town of Lenox for the proposed use.
(2) 
The availability of alternative sites.
(3) 
The physical features, the general character, present use and probable future use of the proposed site and all adjoining properties.
(4) 
The distance from existing and proposed public rights-of-way.
(5) 
The distance from existing residential dwellings.
(6) 
The adaptability of the proposed site for the proposed use, including topography, natural buffers, screening and fencing.
(7) 
A complete survey of the site, stamped by a licensed surveyor, showing present zoning of the site and all property within 2,000 feet of the site. The survey shall also locate all structures and identify the principal use within 2,000 feet of the site.
(8) 
The visual impact of the tower on the environment, including all measures to mitigate visual impact.
(9) 
The effect of the proposed use on all other properties in the neighborhood; on whether it will materially affect the value of such properties; on the use and enjoyment of such properties by the occupants; and any other effect of such use on the health, welfare and safety of the occupants of such properties.
(10) 
The applicable procedures of the New York State Environmental Quality Review Act[1] have been fully complied with, including the submission of a long-form EAS and supporting documentation addressing any positive impacts.
[1]
Editor's Note: See Article 8 of the Environmental Conservation Law.
B. 
Construction of the transmission tower shall comply with the following:
(1) 
The minimum lot size shall be 10 acres.
(2) 
The tower shall be no closer than 2,000 linear feet to any zone where towers are not a permitted use.
(3) 
The tower must be located on the lot so that all icefall or other debris from tower failure remains on the site.
(4) 
Guy wire anchors must be set back a minimum of 50 feet from lot.
(5) 
Existing on-site vegetation shall be preserved to the maximum extent practicable.
(6) 
Following construction, the site shall be fully landscaped. At a minimum, evergreen shrubs shall be planted forming a continuous hedge at least five feet in height within two years of planting.
C. 
Report of professional engineer must:
(1) 
Justify the tower design.
(2) 
Demonstrate that the tower complies with applicable structural standards.
(3) 
Describe the capacity of the tower, including the number and type of antennas that it can accommodate.
(4) 
Demonstrate that the tower does not expose the general public to unsafe levels of nonionizing electromagnetic radiation (NIER) when added to existing ambient radiation.
D. 
No special use permit shall be issued until all other permits required by any county, state or federal agency having jurisdiction in the matter have been issued to the applicant.
E. 
As technology becomes available where towers become obsolete or may be replaced by equipment not requiring the height of the existing towers, the tower height shall be reduced and/or the tower completely removed and the area restored to preexisting conditions.
[Added 6-13-2016 by L.L. No. 13-2016]
A. 
Definition. As used in this chapter, the following terms shall have the meanings indicated:
FENCE
Any densely planted or constructed barrier of plant material, wood, masonry, stone, wire, metal or any other manufactured material or combination of materials erected for the total or partial enclosure of areas.
B. 
Construction and maintenance.
(1) 
Any fence to be erected within the Town of Lenox shall require a fence permit from the Code Enforcement Office. A fence permit application shall be filled out by the applicant and approved by the Code Enforcement Officer prior to any construction of a fence.
(2) 
A copy of the property survey or site plan is required at the time of application. The proposed fence shall be located on the survey to ensure setback requirements are met.
(3) 
Any fence erected shall have the "good side" (as determined by the Code Enforcement Officer) of said fence facing out towards the abutting property owner.
(4) 
Any fence erected shall be placed at least 24 inches from the property line so if repairs and maintenance of said fence is to be performed, it may be performed from the property owner's land.
(5) 
Minimum depth for fence, gate, etc., posts is 48 inches due to frost depth.
(6) 
All fences shall be maintained by the person responsible for the property. Such maintenance shall include but not be limited to the replacement and/or repair of fences which may become in disrepair. Repairs should be made in accordance with existing fences; this repair may include missing or broken sections, heaving, collapsed, and/or tilted fences.
(7) 
The maximum height of any fence to be erected shall be eight feet or less measured from the grade of the property.
(8) 
In all districts regarding frontage of fencing and front lines, all fences shall meet state, county, and local road rights-of-way plus 10 feet from that line. No fence, wall, or planting shall be placed or maintained within the required front yard which interferes with the safe movement of vehicular or pedestrian traffic or the removal and storage of snow. All front yard fencing, wall, or natural earth shall not exceed 48 inches in height.
(9) 
Local condition may warrant further setback distances from the property line. Specifically, fencing for animal kennels shall be a minimum of 10 feet from any property line.
(10) 
Any property or business that has a dumpster shall require a fence enclosure. Such fence shall meet all of the above code requirements.
C. 
Submittal requirement. To obtain a permit for the construction of a fence/walls, please provide the following information:
(1) 
A completed fence/wall permit application.
(2) 
A property survey indicating boundary lines, location of all structures, and proposed location of such structures, and proposed location of such fencing.
(3) 
A detail of fencing materials.
(4) 
Drawings of all concrete, concrete masonry, or similar type material construction.
D. 
Corner lot visibility. At the intersection of two or more streets, no hedge, fence or wall, nor any obstructions to vision, shall be permitted in the triangular area framed by the intersecting street lines and a line joining each twenty-foot distance from said intersections along said street line. See Example 1-1 attached to this chapter.
E. 
Natural plantings and earth berms. All natural plantings and earth berms installed with the intention of providing natural fencing or screening of a property shall be reviewed by the Code Enforcement Officer and may be referred to the local Planning Board for approval in order to comply with applicable codes.
F. 
Pool requirements. All outdoor swimming pools shall meet the requirements of the Building Code of New York State barrier requirements. At no time shall natural plantings be considered as "approved fencing" in meeting the fencing and barrier requirements for pools.
G. 
Agriculture. Lands zoned or actively used (i.e., grandfathered) specifically for agriculture only are exempt from this chapter. The farmhouse, housing buildings for farmhands, or businesses that occupy a structure shall comply with the requirements of this chapter.
H. 
Snow fencing. Snow fencing may be used and installed from November 1 to April 1. Snow fencing shall not be used in place of permanent fencing. No permit shall be required for snow fencing. Snow fencing shall be exempt from the installation requirements of this chapter.
I. 
State, county, Town, utility, and local right-of-way. At no time shall a fence/wall/natural barrier be constructed through any state, county, Town, utility, and local right-of-way.
J. 
Lakefront fencing. For lakefront lots, fences erected on the lakeside yard of the lot are limited to four feet in height and shall be constructed of chain-link material or customary split-rail fencing to ensure the least impact to lake views for surrounding properties and allow for reasonably unobstructed view of the lake (a minimum of eighty-percent open view). Fences in rear lots of lakefront properties shall also be limited to four feet in height. Natural plantings and earth berms shall also comply with § 134-55 of this chapter.
K. 
Fees. A fence permit fee of $10 shall be collected at the time the fence permit application is submitted for approval.