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.
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.
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%.
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]).
(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.
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.
FENCE
Definition. As used in this chapter, the following terms shall have
the meanings indicated:
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.
