No authorization for a building permit shall be granted by the Zoning Board of Appeals for any use listed in this article unless the following information is furnished to the Board and the Board specifically finds that, in addition to meeting all the general standards set forth in Article VI, the proposed special use also meets the special conditions and safeguards listed in this article.
An application for the establishment, construction, enlargement
or alteration of an airport shall include the following statements
and information:
A.
Classification of the proposed airport (commercial, noncommercial
or restricted).
B.
Type of aviation activities proposed.
C.
Number of aircraft expected to be based at the airport within the
next five years.
D.
Type of aircraft expected to utilize the airport.
E.
Statement of the anticipated number of daily operations.
F.
Copy of the airspace clearance granted by the Federal Aviation Administration
for such airport, including USGS topographic map.
G.
A copy of the New York State Commissioner of Transportation's determination
concerning such airport in accordance with the provisions of § 249
of the General Business Law, as the same may be amended and revised.
H.
An area map at a scale of no less than one inch equals 500 feet showing:
A.
Adjacent properties shall be adequately protected from noise, odors
and unsightly appearance.
B.
All buildings, structures and accessory use areas except off-street
parking, shall be at least 100 feet from any property line; provided,
however, that such structures and uses may be located on a temporary
basis closer to such property line when the abutting lot is unimproved.
A.
The lot area shall be not less than 45,000 square feet, and shall
have a minimum frontage of 150 feet along a major street or highway.
B.
No church, school, library, playground or similar place of public
assembly shall be within 500 feet of the site.
C.
Storage area for vehicles waiting for service shall be provided on-site
and shall not occur on a public street or highway. Not more than five
motor vehicles shall be stored outdoors overnight.
D.
An automobile laundry shall not provide services other than washing,
vacuuming, waxing, simonizing or similar treatment services.
E.
Outdoor storage and display of accessories, portable signs and outdoor
repair work shall be prohibited at all times. Premises shall not be
used for the sale, rent or display of automobiles, trailers, mobile
homes, boats or other vehicles.
An application for a special use permit authorizing a club shall
include a plan showing the following information:
All day-care centers must meet the following minimum requirements:
A.
There must be an active outdoor play area of at least 200 square
feet per child.
B.
The outdoor play area must be adequately fenced in or otherwise protected
from roads and nearby properties.
C.
No outdoor play equipment may be placed within 15 feet of any property
line, fence or structure.
D.
Minimum parking shall be one space per staff member and one space
for each five children.
Excavation and/or mining for any and all materials, including
clay, is prohibited in all zoning districts. No special use permits
or temporary conditional use permits or any other permit may be issued
for any such activities.
A.
Camps, whether private or commercial, shall meet all requirements
of the State Sanitary Code and other applicable laws, rules and regulations.
B.
Housing facilities maintained shall be set back at least 100 feet
from all property lines.
C.
Special permits for labor camps are to be of a one-year duration.
Upon reapplication, the Zoning Board of Appeals may, without public
hearing, grant a permit renewal if all conditions of the original
permit are complied with.
A.
No more than two persons other than a member of the immediate family
occupying such dwelling may be employed or engaged in the home business.
B.
There shall be no outdoor display of materials, goods, supplies or
other equipment related to the home business.
C.
The use shall not generate vehicular traffic in greater volumes than
that normal to the zoning district in which the use is located; sufficient
off-street parking shall be provided elsewhere than on any required
front yard area.
D.
The appearance of the structure(s) utilized for the home business
shall not be changed in any way that would cause the premises to differ
from its residential character.
E.
The home business use shall not generate noise, vibration, glare,
fumes, odors, or electrical interference beyond what normally occurs
in the applicable zoning district.
F.
One sign shall be allowed not to exceed four square feet in area.
G.
No more than 40% of the gross floor area of a dwelling shall be used
for the conduct of a home business. The total gross floor area of
a detached accessory structure shall be permitted for use of a home
business, provided that substantially all of such business is conducted
within such accessory structure.
H.
No more than one commercial vehicle utilized by the home business
may be parked at the premises on a regular basis.
I.
No home business may be permitted where the only access is by a shared
private road.
J.
There shall be no use of utilities or community facilities substantially
beyond what is normal for the use of the property for residential
purposes.
K.
Motor vehicle repair shops shall not be deemed home businesses except
under the following conditions:
(1)
No more than two vehicles shall be on the premises for repair at
any one time.
(2)
Motor vehicle sales are prohibited.
(4)
No motor vehicle repair shop shall be located within 200 feet of
any residence not on the same lot or any cemetery, school, church,
hospital, nursing home, senior citizen housing or other place of public
assembly designed for occupancy by more than 50 persons, nor shall
such motor vehicle repair shop be located within 500 feet of another
motor vehicle repair shop or gasoline station on the same side of
the street. Said distances shall be measured in a straight line between
the nearest points of each of the lots or premises.
(5)
The entire area of the site traveled by motor vehicles shall be hard
surfaced.
(6)
All repairs of motor vehicles shall be performed in an enclosed building.
Restaurants, cafeterias, swimming pools, newsstands, pharmacies,
barbershops, hairdressers, gift shops and other personal service shops
for the convenience of guests may be permitted as accessory uses.
With the exception of an identifying sign for the restaurant, no external
evidence of these internal commercial activities is permitted.
A.
Adequate landscaping or fencing shall be provided to create a visual,
sound and smell buffer between such facility and adjacent properties.
B.
All buildings, structures or other accessory uses shall be at least
100 feet from any property line or road right-of-way; provided, however,
that such structures and uses may be located on a temporary basis
closer to such property line when the abutting areas are unimproved.
C.
All animals shall be kept within an enclosed building between 9:00
p.m. and 6:00 a.m.
D.
Lot coverage shall not exceed 50%.
E.
Adequate parking shall be provided off the highway right-of-way.
The provisions of § 200-34F of this chapter, together with other Zoning Board provisions deemed necessary by the Zoning Board of Appeals, shall apply.
A.
Entrance and exit driveways shall have an unrestricted width of not
less than 25 feet; shall be located no closer than 10 feet from any
property line; and shall be designed as to avoid the necessity of
any vehicle backing out into any public right-of-way.
B.
No more than 10 licensed motor vehicles being serviced or repaired
shall be stored outdoors and they shall be in areas effectively screened
from all property lines. All such vehicles shall be stored in a neat,
orderly manner.
C.
Hours of operation: no earlier than 7:30 a.m.; not later than 8:00
p.m.
D.
No motor vehicle repair shop shall be located within 200 feet of
any residence not on the same lot or any cemetery, school, church,
hospital, nursing home, senior citizen housing, or other place of
public assembly designed for occupancy by more than 50 persons. Said
distances shall be measured in a straight line between the nearest
points of each of the lots or premises.
E.
The entire area of the site traveled by motor vehicles shall be hard
surfaced.
F.
All repairs of motor vehicles shall be performed in an enclosed building
and no more than two motor vehicles shall be offered for sale on the
premises at any one time.
G.
All motor vehicle parts or partially dismantled vehicles shall be
stored under an enclosed building.
A.
Sale of motor vehicles shall be limited to the number of motor vehicles
allowed on the premises at any one time set by the Zoning Board of
Appeals after considering lot size and location of the premises.
B.
There shall be no outside storage of parts or materials.
C.
All materials shall be stored and disposed of in conformance with
all local, state, and federal regulations.
D.
Vehicles shall be displayed in a neat and orderly fashion.
E.
Hours of operation, amount of and type of illumination, customer
parking, and size of area for display of vehicles shall be determined
by the Zoning Board of Appeals.
A.
The site area shall be not less than 50 acres.
B.
Individual sites resulting from subdivision or from leasing arrangements
may average 80,000 square feet each, provided that no site of less
than 80,000 square feet may be located within 400 feet of the park's
boundary and further that no site shall be less than 20,000 square
feet.
C.
If the proposed park is not subject to the subdivision regulations
as a result of common ownership, it shall be approved in a similar
manner by the Planning Board and meet the same standards for design
and public improvements.
No authorization for a building permit or permits shall be granted
unless the Zoning Board of Appeals shall specifically find that the
proposed special use for the planned residential development is in
keeping with the intent of this provision to provide for flexible
planning of residential development while conserving the natural environment
of the Town and meeting the following special conditions and safeguards:
A.
An overall development plan shall be presented showing the use or
uses proposed, including dimensions indicating the areas set aside
for each use, and the locations of all structures, parking spaces
and rights-of-way or driveways, and the provision for sewer and water
service facilities.
B.
Residential dwelling units may be in single-family, two-family or
multiple-dwelling structures; provided that the total number of dwelling
units shall not exceed 2.4 per gross acre; and further provided that
the minimum yard provisions, and in the case of a multiple dwelling,
the minimum spacing between buildings, shall be not less than those
required:
C.
Open space or common land resulting from the planned residential
development design shall only be used for private or municipal recreation,
including natural parkland. Such land shall only be owned by a nonprofit
corporation, or shall be offered for dedication to the Town or other
public agency for the same uses; but in case of a nonprofit corporation,
a preestablished offer of dedication shall be filed with the Town
for acceptance if the nonprofit corporation were ever discontinued
or failed to maintain the private recreation use or natural parkland.
D.
The proposed planned residential development shall comply with all
other applicable requirements of the municipality with respect to
land development, including the Town of Royalton Land Subdivision
Regulations.
A.
Landscaped buffer areas at least 10 feet in width or other suitable
screening shall be provided for the entire length of any lot line
adjacent to any residence or adjacent street.
B.
No structure or use shall be located within 15 feet of any adjacent
property line.
C.
Entrance and exit points shall be from major or secondary roads.
D.
Parking areas shall not be within 10 feet of any property line.
A.
Entrance and exit driveways shall have an unrestrictive width of
not less than 25 feet and shall be located no closer than 15 feet
from any property line; and shall be designed to avoid the necessity
of any vehicle backing out into any public right-of-way.
B.
Entrance and exit points shall be from a major or secondary road.
C.
All buildings shall be set back from the major or secondary street
line a distance of not less than 30 feet.
D.
Gasoline pumps shall be located not less than 20 feet from the street
line and not less than 30 feet from all other property lines.
E.
No such establishment shall be located within a distance of 200 feet
of a school, church, hospital, nursing home, senior citizen housing
or other place of public assembly designed for occupancy by more than
50 persons, or within 500 feet of another gasoline station or repair
garage on the same side of a street. Said distance shall be measured
in a straight line between the nearest points of each of the lots
or premises.
F.
Landscaped areas of at least 10 feet in width shall be provided along
with property lines to lessen any visual unattractiveness.
G.
The entire area of the site traveled by motor vehicles shall be hard
surfaced.
Fur farms shall not be allowed on a site less than 50 acres
in size. A plot plan showing all proposed facilities and improvements
shall be provided. A permit shall be for a period of not more than
10 years, renewable after 75% of the permit time has elapsed.
Pig farms shall not be allowed on a site less than 50 acres
in size. A plot plan showing all proposed facilities and improvements
shall be provided. A permit shall be for a period of not more than
10 years, renewable after 75% of the permit time has elapsed.
Industrialized poultry farms shall be on a site of not less
than 50 acres in size. A plot plan shall be provided showing all proposed
facilities and improvements and plans for all buildings. Plans for
disposing of manure shall be specified and shall be approved by the
County Health Department. Poultry cages shall be suitably removed
from all lot lines. Permits shall be for a period not to exceed 10
years, renewable after 75% of the permit time has elapsed.
A seasonal tent or trailer camp shall be on a site of not less
than 20 acres. A site plan shall be provided showing all proposed
improvements for individual tent, trailer or recreational vehicle
site. Prior approval of the County Health Department of proposed potable
and sanitary facilities shall be obtained. Campsites and activity
areas shall be suitably removed from project boundaries. Driveways
shall be designed for safety and privacy of the campsites. Permits
shall be granted for a period of not more than 10 years but shall
be renewable after the expiration of 75% of the specified period.
A public utility substation, if necessary, for the operation
of a transmission line or for service to the community shall be allowed
only after approval of a plot plan and construction plan of the installation,
together with a landscaping plan prepared by a licensed landscape
architect. The application for a permit shall specify any proposed
and permitted storage of material at the site.
Livery and commercial stables of 25 or more horses shall be
situate on a site having at least 50 acres, except that where riding
trails are available near the site on public lands, a smaller site
may be permitted. Permits shall not be granted for a period of longer
than 10 years but may be made renewable upon the expiration of not
less than 75% of specified period.
A plot plan shall be required showing roadside conditions for
500 feet on either side of the proposed stand locating trees, signs,
fences and other obstacles to vision; driveways, culverts, ditches,
bridges and other obstacles to movement from highway in the immediate
vicinity of the stand; and showing the location of the proposed stand,
related signs and parking areas. Parking areas shall be so designed
as to limit any need for any vehicles to back onto the traffic lanes.
Permits shall not be granted for a period of longer than 10 years
but may be made renewable upon expiration of not less than 75% of
specified period.
A.
The minimum site area of proposed mobile home parks shall be not
less than 25 acres.
B.
Special use permits for the establishment and operation of mobile
home parks shall be for one year's duration. A permit shall expire
on the first of January next following the date of issuance, but may
be renewed without public hearing under the provisions of this section
for additional periods of one year if all conditions of the original
permit are found to have been complied with by the Zoning Enforcement
Officer and Zoning Board of Appeals.
C.
Mobile home lots shall have an area of not less than 7,200 square
feet. Each mobile home lot shall front on an interior park roadway
and have a minimum width of 70 feet.
E.
There shall be provided a buffer area between the right-of-way line
of adjacent public highways in any portion of a mobile home lot of
at least 100 feet. There shall also be provided between any portion
of a mobile home and the boundary of a mobile home court a buffer
area of at least 60 feet. Such buffer areas shall be primarily clear
of obstruction other than trees and other natural landscape material,
and shall not be used for any aboveground structures.
F.
Not more than one mobile home shall be located on any one mobile
home lot. Every mobile home within a mobile home park shall be located
on a mobile home lot or in a designated storage area shown on the
approved site plan for said park.
G.
At least one service building shall be constructed in each mobile
home park which shall be adequate to provide for storage of all equipment,
tools and materials necessary for the maintenance of the park, and
all such equipment, tools and materials shall be stored within said
building when they are not in use.
H.
Each mobile home lot must have not less than two off-street parking
spaces. Such parking spaces shall be connected to the entrance of
the mobile home by a paved sidewalk having a minimum width of 24 inches.
I.
No boats, campers, travel trailers, recreational vehicles or unregistered
and unlicensed motor vehicles shall be parked or stored at any place
within a mobile home park except in areas designated and approved
for such storage as part of the site plan approval.
J.
Every roadway within a mobile home park shall have a minimum pavement
width of 22 feet and a minimum right-of-way width of 50 feet. If culs-de-sac
exist, they shall have a minimum diameter of 90 feet.
K.
A complete water distribution system approved by the Health Department,
including a water-service pipe for each mobile home lot and approximately
spaced fire hydrants, shall be installed.
L.
A sanitary sewage disposal system approved by the Health Department
and other appropriate agencies shall be installed, including a sewer
connection for each mobile home lot.
M.
All public utility, electric, gas, cable television and telephone
lines shall be installed underground.
N.
Appropriate streetlighting shall be installed on interior roadways
with the minimum number of lights being one at each intersection of
interior roadways with each other, or with abutting public road(s)
and at least every 200 feet where such intersections are more than
200 feet apart.
O.
Pedestrian walkways shall be provided along at least one side of
all interior streets. Such walkways shall consist of paved sidewalks
or stabilized gravel all-weather paths and shall have a width of approximately
four feet. Walkways shall also provide access to recreation areas
if such areas are not located adjacent to a street.
P.
No mobile homes shall be located on a mobile home lot until the roadways,
sanitary sewage disposal system, water supply system and storm drainage
system serving said mobile home lot have been installed in accordance
with the approved site plan for the mobile home park.
Q.
All existing trees shall be preserved insofar as possible in the
design of the park. At least one shade tree of not less than two inches
in diameter as measured one foot above ground level shall be planted
on each mobile home lot.
R.
All fuel tanks used for heating within a mobile home park, including
all fuel tanks used for heating individual mobile homes, shall be
installed in accordance with applicable safety standards and regulations.
S.
Every mobile home park shall have a recreational area or open-space
area for use by the occupants of the mobile home park. Such areas
shall be as centrally located as the topography and design of the
park permit. Such area shall be not less than 10,000 square feet or
1,000 square feet per mobile home lot in the park, whichever is greater.
T.
The park owner shall provide for the regular collection and disposal
of garbage, trash and rubbish.
U.
No more than one accessory building shall be permitted on any mobile
home lot.
V.
Each mobile home shall be enclosed at the bottom with a fire-resistant
skirt or enclosure within 30 days after the placement of the mobile
home on the lot.
W.
No enclosure or addition, with the exception of carports, door porches
and patios, shall be constructed on or added or attached to the exterior
of any mobile home.
X.
No mobile home shall be offered for sale, display for sale or sold
within a mobile home park unless such mobile home is located on a
mobile home space and is connected to an electric public utility supply
and to a public sewer and public water supply.
Y.
Every roadway within a mobile home park shall be maintained in good
repair and shall be open at all times reasonably possible for travel
by occupants of the park and necessary fire, police, ambulance, public
utility maintenance and fuel supply vehicles. The park owner shall
be responsible for providing and paying the cost of such maintenance
and all necessary snow removal.
Z.
Sale of lots. Any sale of a mobile home space or spaces or portion
of a mobile home park, other than the entire mobile home park, as
shown on the plan of such park approved by the Town, shall thereupon
immediately invalidate the special use permit for such park. Any use
of any of the premises within the mobile home park other than as a
mobile home park shall thereupon immediately invalidate the special
permit of such park approved by the Zoning Board of Appeals.
AA.
Home occupations prohibited. Home occupations, home professional
offices and similar uses are not permitted in mobile home parks.
BB.
All mobile home parks containing 20 or more mobile home lots shall
have access from two points along a single public street or highway,
or if bordering on two highways, access can be one from each street
or highway, such access points being separated by at least 100 feet.
CC.
Mobile home parks shall have adequate facilities for drainage of
surface and subsurface water. The entire mobile home park shall be
graded to facilitate the safe and efficient drainage of surface water
and to permit no ponding areas where water will stand for lengths
of time so as to constitute a health or other hazard. Drainage ditches
shall be provided where necessary to provide for the removal of surface
drainage. These ditches shall be provided in such a way as not to
constitute a hazard to pedestrians. Gutters, culverts, catch basins,
drain inlets, stormwater sewers, approved combined storm and sanitary
sewers, or other satisfactory drainage systems shall be utilized where
deemed necessary, and shall be of a size specified by the Town Planning
Board.
DD.
Mobile home parks shall be properly maintained so as to insure the
desirable residential character of the neighborhood.
EE.
Upon application in writing by a permittee for renewal of the mobile
home park special use permit, the Zoning Enforcement Officer, with
the approval of the Zoning Board of Appeals, shall issue a permit
renewal if all conditions have been complied with. If any changes
have taken place in the mobile home park, the applicant must produce
a revised plan showing said changes before a permit renewal will be
provided.
A.
Bed-and-breakfast uses are permitted in the A, B, R, and MR Districts
of the Town, provided that all requirements set forth below are observed.
No person, firm, corporation, association, partnership or any other
entity or business shall operate a bed-and-breakfast establishment
in any zone without first having obtained a special use permit from
the Zoning Board of Appeals.
B.
Permit regulations.
(1)
The Zoning Board of Appeals shall have sole authority to issue special
use permits for bed-and-breakfast use.
(2)
Said permits shall be issued on a one-year nontransferable, renewable
basis. No bed-and-breakfast establishment shall operate at any time
in violation of the provisions of this section.
(3)
The form of the permit and application therefor shall be prescribed
by the Zoning Board of Appeals. The applicant shall provide all information
required by the application, as well as the following:
(a)
A drawing of the building floor plan with accurate dimensions.
The drawing shall designate rooms for use by guests, designate exits
and access to exits and identify and specify the off-street parking
spaces that are required by this section.
(b)
Proof of adequate liability insurance.
(c)
The application shall be signed by all owners of the premises
and shall contain at least the following: the name, address and telephone
number of the owner(s).
(4)
Requirements. Before a permit may be issued and/or renewed, the following
requirements shall be fulfilled:
(a)
The premises shall be inspected by the Code Enforcement Officer
or his deputy.
(b)
Each dwelling shall have exits clearly marked.
(c)
Each dwelling shall have adequate exits (number, location and
size) for the maximum number of guests which can be housed pursuant
to this section.
(e)
Each guest room shall have written information, clearly posted,
showing the location of all means of exiting the building in the event
of an emergency.
(f)
Each establishment shall have a minimum of one fire extinguisher
(2A-10BC rated) on each floor with sleeping quarters and may, in the
discretion of the Code Enforcement Officer, be required to have additional
such fire extinguishers available.
(g)
The required fee shall be paid each year to the Town Clerk.
(5)
Additional requirements.
(a)
There shall be no more than three rooms occupied in the residence
by bed-and-breakfast guests.
(b)
The minimum square footage of each room shall be 120 square
feet. Up to two guests shall be permitted in a room with said 120
square feet. An additional 60 square feet is required for every guest
over two guests per room.
(c)
The quarters to be utilized by the guest or the occupants of
the premises shall not be permitted in any accessory structure.
(d)
The use by guests shall be no longer than 18 consecutive calendar
days.
(e)
The serving of meals to paying guests shall be limited to breakfast.
(f)
One off-street parking space shall be provided for each living
quarter designated as a rented room, as described in the application
and permit, plus such additional parking spaces as the Board shall
deem necessary for the residents. All parking spaces shall be graveled
or paved.
(g)
No inventory of goods produced off the premises shall be maintained
for sale on the premises.
(h)
Only one nonilluminated identification sign shall be permitted.
Such sign shall not be larger than four square feet.
(i)
Each permit shall be renewed annually on July 1.
(j)
The permit issued by the Zoning Board shall be posted inside
in a conspicuous location at all times.
(6)
The Code Enforcement Officer shall keep a directory setting forth
a current listing of all premises for which a permit has been issued.
The Code Enforcement Officer shall send a copy of said directory to
the Fire Department.
(7)
Fees. The fee for the permit hereby required shall be established
periodically by the Town Board by resolution, which fee shall be incorporated
herein and made part hereof.
