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.
All state requirements must be met.
[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.
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.
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.
[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 have been fully complied with, including the submission
of a long-form EAS and supporting documentation addressing any positive
impacts.
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.