[Amended 8-12-1981 by L.L. No. 1-1981; 6-8-1988 by L.L. No. 2-1988; 9-6-2000 by L.L. No. 2-2000]
A. 
Purpose. It is the purpose of this section to provide a process and guidelines to review those uses which may be appropriate to the respective zoning districts, but where the number, location, juxtaposition, and site improvement should be carefully considered and regulated.
B. 
Procedure. On application, the Planning Board may authorize the enforcement officer to grant a permit for any use for which approval of the Planning Board is required by these regulations according to the process and standards set forth below:
(1) 
The application for a zoning permit for a special use shall be on a form provided by the enforcement officer. The enforcement officer shall determine the completeness of any application made under this section and shall notify the applicant within 10 days of the date of submission if such application is incomplete or deficient in any way, and shall further specify the deficiencies. Written notification of the application shall be sent to all property owners within 300 feet of the boundaries of the applicant, at least seven days prior to consideration of the application by the Planning Board.
(2) 
The Planning Board shall consider the application and render its decision within the time period provided by applicable Town Law (herein referred to as "ATP") from the date of submission of a complete application if no public hearing is held; or, alternatively, schedule and hold a public hearing within the ATP of the date of submission and render its decision within ATP of the hearing. These respective time frames may be extended only by mutual written agreement between the applicant and the Board. A public hearing shall be at the option of the Planning Board.
(3) 
Notification of the Planning Board's decision to authorize or deny the permit and the reasons therefor will be given, in writing, to the enforcement officer, a copy filed with the Town Clerk within five days of the date of the Board's decision, and a copy of the Board's determination furnished to the applicant upon request.
C. 
Standards. Special uses to be considered by the Planning Board are listed in the Zoning Schedule. Unless varied in this section, the following standards will guide the Board on its review of all special use applications:
(1) 
Location, size of use and structure, nature and intensity of operations involved, size of site in relation to it, and location of site with respect to streets giving access to it will be in harmony with the orderly development of the district.
(2) 
Location, nature, and height of buildings, walls, and fences will not discourage the appropriate development and use of adjacent land and buildings, or impair their value.
(3) 
Operations of conditional use shall not be more objectionable to nearby properties than will be operations of any permitted standard use.
(4) 
Adequate combination of public and private parking is provided.
D. 
Additional standards. In addition to the above standards, the following shall apply to specific public uses:
(1) 
Gasoline station: lot width, minimum of 150 feet except on a corner lot, then the minimum may be reduced to 100 feet; two pump islands with a minimum of three pumps set back at least 12 feet from street line or highway right-of-way; building containing a maximum of three bays and set back at least 25 feet from the street line or highway right-of-way; a minimum of 200 feet visibility of the pumps on the same side of the street and 240 feet visibility on the opposite side of the street, a masonry wall or a fence and screen planting where abutting a residential district.
(2) 
Hotel/motel: a minimum distance of 15 feet from any lot line to any building, minimum distance of 10 feet between buildings, minimum lot area of 2,000 square feet per unit, off-street parking requirements as per Zoning Schedule Narrative, approval of water supply and sewage disposal by the New York State Department of Health.
(3) 
Marina: A minimum of 375 square feet for each boat shall be required. A minimum of 15 feet width for each boat space shall be required. A minimum distance of 15 feet from any lot line to any building or to any stored boat shall be required. Shrubbery and other plantings to screen the operation from adjacent properties shall be required to minimize noise, glare of lights and other factors. Motors shall not be operated closer than 50 feet from any boundary lines. Sufficient off-street parking space for traffic generated shall be provided. Approval of the water supply and sewage disposal by the New York State Department of Health is required.
(4) 
Medical facility: minimum lot area five acres, minimum distance from any lot line to any building 100 feet; off-street parking spaces of one unit for each three patient beds excluding bassinets, staff or visiting doctor, intern, nurse, three employees, three student nurses, and service vehicle; clinics and outpatient departments, three parking spaces for each examination room; adequate unloading space must be provided.
(5) 
Membership or private club, community building: minimum lot area five acres; minimum distance from any lot line to a principal building 100 feet. No off-street parking in required front yard. Off-street parking as per Zoning Schedule Narrative.
(6) 
Mineral resource uses. The excavation and sale of sand, gravel, clay, shale, topsoil, or other natural mineral deposits, subject to the following conditions where they apply:
(a) 
The final slope of material in any excavation or pit shall not exceed the normal limiting angle of repose of such material.
(b) 
Both the base and top of such slope shall not be nearer than 40 feet to any street or property line.
(c) 
A substantial fence with suitable gates completely enclosing the portion of the property in which the excavation is located shall be provided and shall be 40 or more feet from the edge of such excavation.
(d) 
Any area of land, having an area of more than one acre from which topsoil has been removed or covered over by fill, such area shall be seeded to provide an effective cover crop within the first growing season following the start of said operation.
(e) 
The requirements of the State Mined Lands Reclamation Act shall be met.
(7) 
Mobile home parks. In addition to any regulations herein provided, mobile home parks are subject to the regulations set forth in Chapter 179.
(8) 
Motor vehicle wrecking yard. All dismantling, burning, cutting of vehicles shall take place in an area at least 500 feet from any property line, highway right-of-way or street line. This area is to be screened from view from any street, highway, or property line by screen planting, or an approved fence so as to be completely hidden from any highway, street, or property line. Any storage of parts or vehicles outside of this wrecking yard shall be within a building on the same lot or premises. Such building shall be an accessory building and subject to the restrictions of accessory buildings. All motor vehicle wrecking yards shall comply with the provisions of the General Municipal Law of the State of New York.
(9) 
Residential uses: includes multifamily dwelling, residential care facility; mixed commercial-residential use; and home business.
(a) 
Floor space, health, safety, and sanitary conditions shall be adequate to insure livability, be in accord with the New York State Multiple Residence Law, where applicable, and provide a minimum floor space of 500 square feet per dwelling unit.
(b) 
Lot size per building for multiple-family dwellings shall be in accord with the minimum lot size required in the district and, in addition, shall have the following number of square feet for each dwelling unit in excess of the first according to the type of unit:
Type of Unit
Minimum Lot Size
(square feet)
Efficiency unit
2,500
One bedroom
3,000
Two bedrooms
4,000
Three or more bedrooms
5,000
(c) 
Adequate off-street parking shall be provided, including a minimum of 1 1/2 spaces per dwelling unit and one per each customer, client, or patron.
(d) 
The use shall not interfere or conflict with the peaceful enjoyment of neighboring residential uses and shall be in accord with the density guidelines for the area according to the established categories of these regulations.
(e) 
A home business shall not display or create outside the building any evidence of the home occupation, except such sign as may be permitted under the sign requirements of these regulations.
(f) 
No dwelling unit shall include more than one home business, and such use shall be clearly incidental and secondary to the use of the dwelling unit for residential purposes and not utilize more than 25% of the gross floor area of the dwelling unit if located therein or, alternatively, be in excess of 400 square feet of any accessory building if located therein. Such home business shall have no employees other than the owner/occupant of the building and the resident members of his immediate family, and the business shall not generate a need for the instantaneous parking of more than two nonoccupant vehicles, and it shall not create a change in the character of the residential property nor tend to reduce the residential character of the neighborhood.
(10) 
Riding academy: maximum height 35 feet; minimum distance from street line to any building 125 feet; minimum distance from any side or rear line to any building 100 feet.
(11) 
Mobile dwelling (farm use).
(a) 
A mobile dwelling as an accessory to an agricultural use may be permitted by the Planning Board under the special permit procedures when the Planning Board finds that such mobile dwelling is necessary for the conduct of a farming operation, and that the unit will be occupied by the owner or employee of the farm on which it is located. The mobile dwelling shall be subject to the following regulations:
[1] 
It shall be located on a lot with minimum yard dimensions in accord with the Zoning Schedule.[1] The lot need not be surveyed but shall be clearly shown on a site plan.
[1]
Editor's Note: The Zoning Schedule is included as an attachment to this chapter.
[2] 
Minimum floor area shall be 750 square feet.
[3] 
An accessible, safe, and potable water supply shall be provided.
[4] 
An approved sewage disposal system shall be provided.
[5] 
The unit shall be securely fastened to the ground in accord with accepted standards for mobile dwellings.
[6] 
An enclosed storage area of at least 80 square feet shall be provided.
(b) 
In addition to these requirements, requirements contained in Chapter 179, Mobile Home Parks, shall apply, except that such mobile dwelling may be permitted in any use zone and not limited to an agricultural use zone, when it is used as an accessory dwelling to an agricultural use.
(12) 
Accessory buildings. No accessory building may be erected on a vacant lot. However, accessory buildings as standalone structures may be permitted, upon issuance of a special use permit and only in Agricultural ("A"), Business ("B"), Industrial ("I") and LR-40 Districts located south of New York State Route 31, subject to the following requirements:
[Added 12-17-2014 by L.L. No. 11-2014]
(a) 
The use of a standalone accessory building must be located on a lot of at least five acres in area.
(b) 
Notwithstanding any other provisions of this chapter, front, side and rear yard setbacks of the standalone accessory building shall be determined by the Planning Board based upon site specific considerations and as part of the issuance of a special use permit.
(c) 
Access to the use shall be reviewed and considered by the Planning Board as part of its review.
(d) 
An accessory building constructed prior to and in anticipation of the construction of a home shall require a deposit (to be set by resolution of the Town Board) and submission of building plans for the proposed home and the owner shall sign a statement that the home will be built within a year from the issuance of the building permit.
(e) 
The standalone accessory building shall be no larger than 400 square feet in area and no more than 12 feet in height and shall not exceed one standalone accessory structure per lot. The Planning Board, upon a finding of no detrimental impacts to neighboring properties or neighborhood character, may approve larger standalone accessory buildings.
(f) 
The structure must be demonstrated to have a tangible nexus to the land itself. The standalone accessory building may not be used for commercial purposes. Typical allowable uses are as a gardening shed, sugar house or similar low-impact, rural use.
(g) 
In exercising its approval powers, the Planning Board may, upon proper finding, impose such reasonable conditions relating to screening, buffering and other mitigative measures incidental to the application for a special use permit.
(h) 
The use shall not interfere or conflict with the peaceful enjoyment of neighboring residential uses.
(i) 
Such other materials the Planning Board deems necessary upon which to determine the impact of such specially permitted use must be submitted.
(j) 
No outdoor storage of any type shall occur on the lot.
(k) 
Notwithstanding the above, standalone accessory structures may be specially permitted by the Planning Board pursuant to this subsection for accessory structures not exceeding a total of 150 square feet on currently undeveloped lots north of Route 31.
(13) 
Kennels.
[Added 5-2-2018 by L.L. No. 3-2018]
(a) 
Commercial kennel and/or animal day care. A commercial kennel and/or animal day care is permitted, upon issuance of a special use permit by the Planning Board, in the Agricultural (A), Business (B) and Industrial (I) Districts, subject to the following additional requirements:
[1] 
The use must be located on a lot at least two acres in area.
[2] 
A commercial kennel and/or animal day care (except for outside runs) shall be completely enclosed within a suitable building and shall be no closer than 100 feet to any lot line or residential use or district boundary as measured from the nearest lot lines.
[3] 
Fenced areas used in association with animal day care and commercial kennel uses may not be permitted within 50 feet of any side or rear lot line and shall be prohibited in a front yard. Kennels must demonstrate an appropriate dog run area that will not have an adverse impact on neighboring properties.
[4] 
For animal day care and commercial kennels, an acceptable waste storage, management and removal program must be submitted and approved by the Planning Board and must otherwise comply with all state, county and local laws, rules, regulations and requirements related to said waste storage and removal.
[5] 
The animal day care or commercial kennel use shall not interfere or conflict with the peaceful enjoyment of neighboring residential uses.
[6] 
For animal day cares and commercial kennels, such other materials as the Planning Board deems necessary upon which to determine the impact of such specially permitted use must be submitted. The Planning Board may set reasonable hours of operation and a limit to the number of dogs kenneled where appropriate, as well as set hours for outdoor exercise for kenneled dogs.
(b) 
Personal purebred kennels. Personal purebred kennels may occur on any lot subject to the issuance of a special use permit and the following standards:
[1] 
Provision for adequate fencing.
[2] 
Acceptable waste management plan submitted to the Code Enforcement Officer.
[3] 
No more than four adult (12 months or older) dogs shall be associated with a purebred kennel.
(c) 
Dog grooming business. Dog grooming may occur subject to the issuance of a special use permit in the Agricultural (A), Business (B) and Industrial (I) Districts and subject to such reasonable conditions as shall be set by the Planning Board.
The lawful use of any building or land existing at the time of the enactment of this chapter may be continued although such use does not conform with the provisions for the district in which it is situated, subject to the limitations set forth below:
A. 
Unsafe structures. Any structure or portion thereof declared unsafe by a proper authority may be restored to a safe condition.
B. 
Extension. A nonconforming use of land shall not be extended. However, any such use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption of this chapter. A nonconforming use of a building may be changed to another nonconforming use, which, in the opinion of the Board of Appeals, either by general rule adopted on a request by the Zoning Administrative Officer or on a specific finding on appeal in a particular case, is of the same or of a more restricted classification.
C. 
Alterations. Alterations to any building or part thereof which is used to house a nonconforming use shall be made only on a permit issued by the Board of Appeals subject to the conditions and safeguards set forth in § 275-9 of this chapter.
D. 
Completion, extension or construction of buildings originated prior to this chapter. Nothing herein contained shall require any change in plans for construction or designated use of a building complying with laws existing prior to this chapter, provided that the active and substantial construction shall have been originated prior to the enactment of this chapter, and further provided that such construction or alteration shall be diligently prosecuted.
E. 
Restoration. A nonconforming building or building used to house a nonconforming use may be restored after being damaged or destroyed by fire or other cause provided that the nonconformity not be increased and that restoration be completed within one year of destruction or damage.
F. 
Abandonment. When a nonconforming building or use has been abandoned for a period exceeding 12 months, it shall not thereafter be reestablished.
G. 
Changes. Once changed to a conforming use, no building or land shall be permitted to revert to a nonconforming use.
H. 
Displacement. No nonconforming use shall be extended to displace a conforming use.
I. 
Cessation. Notwithstanding any other provisions of this chapter, any nonconforming auto wrecking yard, junkyard, billboard, structural advertising or sign in existence at the date of enactment of this chapter shall, at the expiration of four years from such date, become a prohibited and unlawful use and shall be discontinued.
A. 
Purpose.
(1) 
It is the purpose of this section to provide a process for the recognition and detailed evaluation of those types of natural and related land use considerations which, given the nature, level of detail and scale of the Town wide inventory and Zoning Maps, require a more exact site specific evaluation on a case-by-case basis than is otherwise possible. Specifically, the Resource Management (RM) Overlay District has been established to depict land and water areas with particularly significant limitations to development that necessitate a more careful evaluation of the likely impact of such development. The types of limitations encompassed within this overlay district include:
(a) 
Flood hazard areas.
(b) 
Wetlands.
(c) 
Steep slopes and adverse soil conditions.
(d) 
Certified agricultural district.
(2) 
Consistent with this purpose, the provisions of this section shall apply to all land and water areas in a Resource Management (RM) Overlay District as set forth herein below.
B. 
Procedure. The process for consideration of any proposed use to be situated in any Resource Management (RM) Overlay District shall be as follows:
(1) 
The nature and content of an application for any use considered under this section shall be as set forth in Appendix A, Required Submissions,[1] and such additional information as may be required in the administration of this section. The enforcement officer shall determine the completeness of any application considered under this section and shall notify the applicant within five days of the date of submission if such application is incomplete or deficient in any way, and shall further specify the deficiencies.
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
(2) 
The Planning Board shall consider the application, including such professional expert assistance as may be necessary, and render its decision within the time period provided by applicable Town Law (herein referred to as "ATP") from the date of submission of a complete application if no public hearing is held; or, alternatively, schedule and hold a public hearing within ATP of the date of submission and render its decision within ATP of the date of hearing. These respective time frames may be extended only by mutual written agreement between the applicant and the Board. Consideration of the application at public hearing shall be optional at the discretion of the Planning Board.
(3) 
Notification of the Planning Board's decision to authorize or deny the permit and the reasons for this decision shall be given, in writing, to the enforcement officer, a copy filed with the Town Clerk within five days of the date of the Board's decision and a copy of the Board's determination furnished to the applicant upon request.
C. 
Applicable standards. Any use proposed to be located within Resource Management Overlay District shall be evaluated according to the following specific guidelines:
(1) 
Flood hazard areas. No use shall be situated within any flood hazard area where the location of such use will jeopardize the health, safety or welfare of the occupants of such use, the stability of the use itself or where such use will aggravate flooding conditions upstream due to the displacement of floodwaters. In particular, any use proposed in such area shall be reviewed according to the applicable provisions of the National Flood Insurance Act.
(2) 
Wetlands. No use shall be situated in or adjacent to any wetland area where the location of such use, by landfill or drainage, will damage or affect in a significantly detrimental manner the water retention capacity or unique flora or fauna characteristic of such wetland, and, further, no such use shall be located where the instability or inadequate bearing capacity of the wetland would jeopardize the stability of the use itself. In particular, any use proposed in such area shall be reviewed according to the applicable provisions of the NYS Freshwater Wetlands Act of 1975.
(3) 
Steep slopes and adverse soil conditions. No structure shall be situated on any slope in excess of 25%, or any soils where the location of such use will cause or aggravate significant earth erosion or slippage, or encourage malfunctioning of any individual sewage disposal or the contamination of the water table.
(4) 
Certified agricultural district. Proposed uses and/or structures shall be located so as to minimize the impact on viable farmland.
D. 
Stormwater pollution prevention plans. A stormwater pollution prevention plan consistent with the requirements of Chapter 230, Stormwater Management and Erosion and Sediment Control, shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in Chapter 230, Article II, Stormwater Control. The approved site plan shall be consistent with the provisions of Chapter 230.
[Added 12-5-2007 by L.L. No. 7-2007]
E. 
Exempt activities. This review and approval procedure shall not apply to accessory buildings of less than 400 square feet nor to expansions of existing structures which will not enlarge such structures by more than 50% nor require additional parking.
A. 
Purpose.
(1) 
These districts are to provide a means of developing land areas for new residential, business and industrial uses, including a satisfactory combination of these uses in an economic and compatible manner, utilizing innovative planning and architectural concepts but without departing from the spirit and intent of this section.
(2) 
These districts are designed to accommodate proposed clustering techniques not otherwise provided for in the other zoning districts.
(3) 
The Manufactured Home Park District shall provide a suitable setting for the location of manufactured homes and mobile homes. This section is intended to apply to mobile homes wherever reference is herein made to manufactured homes.
B. 
Classification. The classification of Planned Development Districts is intended to designate an area of land that will be held for development for residential or business purposes or a combination of these uses, in accordance with the procedures and standards set forth in this section. There shall be two types of Planned Development Districts. There shall be the Manufactured Home Park District and the Planned Development District for all other uses.
C. 
Procedure. Establishment of a Planned Development District or Manufactured Home Park District project shall require two steps:
(1) 
Approval of a preliminary development plan and amendment of the Zoning Map by the Town Board to establish a Planned Development District;
(2) 
Authorization to proceed with the project in a Planned Development District.
(3) 
Unless otherwise distinguished, the terms of this section shall apply equally to either the Planned Development District or Manufactured Home Park District.
D. 
Amendment of this chapter.
(1) 
Application for amendment of the Zoning Map for a Planned Development District shall be made to the Town Clerk for transmittal to the Town Board for consideration at its next regularly scheduled meeting. The Town Board may, upon its own motion, initiate an application for the establishment of a Planned Development District.
(2) 
The applicant shall submit a preliminary development plan, at an appropriate scale, illustrating the type, uses and design of the proposed development, including any or all of the following as required by the Town Board, to wit:
(a) 
Boundaries of the proposed district;
(b) 
Topography, soil conditions, drainage;
(c) 
Land uses and building locations;
(d) 
Roads, parking areas, walks;
(e) 
Common open spaces;
(f) 
Signs;
(g) 
Open spaces and recreation areas;
(h) 
Landscaping, fencing, screening;
(i) 
Outdoor lighting;
(j) 
Construction sequence; and
(k) 
Feasibility studies of utility, traffic and other problems possibly arising from the proposed project.
(3) 
The Town Board shall refer the completed application to the Planning Board for its review and recommendation.
(4) 
The Planning Board shall review the application to determine whether it is complete and may request clarification and additional information from the applicant regarding any aspect of the application. The Planning Board and the applicant may negotiate refinements or modifications in the preliminary development plan proposals or other aspects of the application. This negotiating process is intended to permit changes in the original application that will allow the project to meet the objectives of this chapter. The applicant may terminate negotiations at any time by asking the Planning Board to proceed with its review procedures at its next regular meeting. The Planning Board shall determine, in the exercise of its discretion, the use or uses to be combined within the Planned Development District in accordance with the purpose of this section.
(5) 
The Planning Board shall review the application and evaluate the development plan with consideration of the following:
(a) 
Consistency with the stated purposes of a Planned Development District;
(b) 
Extent of departure from the requirements and standards of the local law otherwise applicable to the property and the advantages and amenities resulting from such departure;
(c) 
Relation to the existing character of the vicinity;
(d) 
Location, bulk and height of buildings and uses in relation to one another and to other structures and uses in the vicinity;
(e) 
Vehicular and pedestrian traffic circulation, its relation to existing traffic facilities and patterns and the probable amount of traffic generated;
(f) 
Adequacy of existing and proposed utilities, fire protection and other services;
(g) 
Protection of the environment;
(h) 
Purpose, location and amount of common open spaces.
(i) 
Architectural and landscaping design; and
(j) 
Sufficiency of terms and conditions for protection of the integrity, conservation and maintenance of the plans.
(6) 
The Planning Board shall recommend to the Town Board, within 60 days of the official submission date to the Planning Board, approval, approval with modifications or disapproval of the development plan, giving reasons therefor. The time period for Planning Board recommendation may be extended by mutual consent of the applicant and the Planning Board.
(7) 
The Town Board shall hold a public hearing as required for any amendment of this chapter and shall consider the report and recommendations of the Planning Board, and all other comments, reviews and statements pertaining thereto. The Town Board may act to amend the Zoning Map to establish and define the type and boundaries of the Planned Development District, and in order to protect the health, safety and general welfare of the community, may establish additional requirements and specific conditions restricting the nature, density, or design of proposed land use and development, and may request that the applicant submit an amended preliminary development plan conforming with such requirements and conditions prior to final action by the Town Board to establish a Planned Development District.
(8) 
Upon approval by the Town Board of a preliminary development plan and establishment of a Planned Development District, the plan shall be filed with the Town Clerk and shall serve as a permanent record to guide future action.
(9) 
Before taking final action on amending the Zoning Map, the Town Board shall refer such matters to the Madison County Planning Agency in accordance with the provisions of General Municipal Law § 239-m.
E. 
Standards for Planned Development Districts.
(1) 
Area/density. All Planned Development Districts shall have a minimum area of 10 acres, and all development within the districts shall not exceed density specifications determined by the Planning Board for the intended use and compatible with this section.
(2) 
Setbacks. The minimum setback of a building from an adjacent district boundary for any manufacturing, other industrial, research or business use shall be 150 feet unless specifically waived or varied by the Planning Board. District boundary setbacks for other permitted uses shall be determined by the Planning Board in accordance with the stated purpose of this section.
(3) 
Roads. All roads, whether to be offered for dedication to the Town or not, shall be constructed in accordance with Town standards as established in Chapter 235, Subdivision of Land, and, in addition, according to any additional requirements deemed necessary by the Town Engineer and as set forth in the resolution of approval of the final plan.
(4) 
Open spaces and recreation areas. Suitable and satisfactorily located areas of every Planned Development District, which includes residential uses, shall be designated and reserved for open spaces, and/or recreational purposes. Improvements and facilities to be provided as part of the open spaces and recreation areas, and provisions for maintenance shall be acceptable to the Town and the responsibility of the applicant.
(5) 
Access. Access, insofar as practicable, shall be provided for by ingress and egress on to nonmajor or collector streets to minimize the number of accesses on to highways.
(6) 
Landscaping, fencing, screening. Appropriate natural screening and buffering, such as plantings, shall be required to minimize, among other things, the adverse visual impact of the intended use.
(7) 
Signs. Notwithstanding the provisions of this chapter, any sign to be erected within the district, whether attached or detached, shall be approved by the Planning Board. All signs must be immediately removed if the use is discontinued for more than 30 days.
(8) 
Open storage. There shall be no open storage except for enclosed refuse containers located in areas approved by the Planning Board.
(9) 
Architectural review. All structures, including fences, plantings and landscaping, shall be subject to an architectural review by the Planning Board to ensure that the proposals are compatible with the purpose of this section.
(10) 
Natural resources. The development plan shall, insofar as is practicable, maintain the greatest open space in the areas of greatest visibility and shall protect natural resources such as woods, wetlands, swamps, aquifers, etc.
(11) 
Scenic vistas. The development plan shall locate structures, parking and open spaces, insofar as is practicable, in such a manner that scenic vistas are not impaired.
(12) 
Outdoor lighting. The development plan shall ensure that outdoor lighting does not adversely impact neighboring properties or the scenic and rural character of the Town.
(13) 
Bonding. The development plan shall state the manner in which the applicant intends to comply with applicable bonding requirements.
F. 
Additional standards for manufactured home park district:
(1) 
Manufactured homes shall have a minimum floor area of 750 square feet.
(2) 
Yard requirements shall be determined by the Planning Board depending upon lot arrangement, subject to a minimum of 30 feet between each manufactured home. No manufactured home shall be closer than 50 feet to any boundary of the district.
(3) 
Any area from the floor of the manufactured home to the ground shall be skirted with a suitable opaque material.
(4) 
An enclosed storage area of at least 80 square feet shall be provided for each manufactured home.
(5) 
A minimum of two off-street parking spaces shall be provided for each manufactured home.
(6) 
The foregoing are minimum requirements and the Planning Board in the exercise of its discretion may increase, vary or waive the requirements in accordance with the stated purpose of this section.
G. 
Additional standards for Planned Development Districts other than a Manufactured Home Park District:
(1) 
Setback. The following front, side and rear yard dimensions shall apply, unless otherwise determined by the Planning Board.
(a) 
For residential uses, the front, side and rear yard dimensions shall be as follows:
[1] 
Front: 30 feet for one-family dwelling; 35 feet for two-family dwelling; 40 feet for multiple-family dwelling.
[2] 
Side: 15 feet each side for one-family dwelling; 20 feet each side for two-family dwelling; and 40 feet for multiple-family dwelling.
[3] 
Rear: 25 feet from all principal buildings.
(b) 
For other than residential uses, the setback side and rear dimensions shall be as determined by the Planning Board.
(c) 
The maximum building and parking lot coverage shall be 40%, except as otherwise determined by the Planning Board.
(2) 
Off-street parking shall be provided according to the following.
(a) 
For residential uses, the parking spaces required are as follows:
[1] 
One- and two-family dwellings: two spaces per dwelling unit.
[2] 
Multiple-family dwellings: 1 1/2 spaces per dwelling unit.
(b) 
Parking spaces, other than in a garage, shall be in the side or in the rear yard, or as determined by the Planning Board.
(c) 
For other than residential uses, the number of parking spaces shall be as determined by the Planning Board commensurate with the uses proposed. Unless otherwise approved by the Planning Board, parking areas shall be located in such a manner that they are not visible from streets or surrounding properties.
(3) 
Building height shall be as follows:
(a) 
For residential uses, the maximum height of any structure or part thereof shall not exceed 24 feet above grade.
(b) 
For other than residential uses, the maximum height of any structure or part thereof shall not exceed 30 feet above grade.
(c) 
For either use, the Planning Board may establish a higher height if found to be necessary for the intended use and compatible with this section.
H. 
Permitted uses.
(1) 
In a Manufactured Home Park District, the clustering of manufactured homes is permitted, together with such additional uses as are determined by the Planning Board as being compatible with the aforesaid use and the purposes of this section.
(2) 
In all other Planned Development Districts, the following uses may be permitted, subject to the determination of the Planning Board that the intended uses are compatible with one another and the purposes of this section:
(a) 
Residential, public, religious and civic uses;
(b) 
Light manufacturing and assembly enterprises, provided that such activities will not be offensive, injurious, or noxious because of gas, dirt discharge and refuse, vibration, smoke, fumes, dust, odors, noise, traffic, lighting, danger of fire or explosion or other characteristics detrimental or offensive or that tend to reduce property values in the same or adjoining districts;
(c) 
Business and professional offices;
(d) 
Retail and service stores, restaurants, marinas, commercial recreational facilities, and funeral homes;
(e) 
Research laboratories with incidental processing or pilot manufacturing; and
(f) 
Other uses compatible with the foregoing uses in the exercise of the discretion of the Planning Board, in accordance with the spirit and intent of this section.
I. 
Authorization to undertake construction and development in the approved district.
(1) 
Amendment of the Zoning Map to establish a Planned Development District shall not constitute authorization to undertake any construction and development in the district.
(2) 
Such authorization shall require that the applicant submit to the Planning Board a final development plan conforming to conditions and restrictions imposed by the Town Board, if any, and such further plans and specifications and supporting documents required for a building permit. The final development plan shall include the approved preliminary plan and any or all of the following as required by the Planning Board:
(a) 
Property survey, showing existing contours, buildings, structures, trees over four inches caliper, streets, easements and rights-of-way;
(b) 
Site plans with proposed building locations, streets, parking areas, walks, grading and landscape design;
(c) 
Preliminary drawings for buildings to be constructed in the current phase, including plans, exterior elevations and sections;
(d) 
Preliminary engineering plans, including street design, drainage systems and public utilities; and
(e) 
Construction time schedule.
(3) 
If the applicant has previously indicated that development of the Planned Development District will be phased, the application for a building permit may be limited to approve phases. It is the intent of these regulations that any individual phases of a planned development project proceed logically and have an integrity of use in their own right so that if for any reason the entire planned development is not completed, the developed portions will be an asset to the community by themselves and can eventually be extended and completed without land areas becoming isolated and inaccessible. Phasing plans shall consider this objective.
(4) 
No building permit shall be issued until the Planning Board has undertaken its normal reviews required by these regulations and has determined that the final development plan has been made to conform to all prior conditions and restrictions, if any, and has approved the plan, and until the Planning Board has forwarded a copy of the approved plan to the Town Board.
(5) 
If subdivision is requested or required, no building permit shall be issued until the Planning Board has given its approval as provided in Chapter 235, Subdivision of Land, and there has been full compliance with Chapter 235, Subdivision of Land, and the applicable provisions of Town Law, Article 16.
(6) 
If development of a Planned Development District has not commenced within one year after the date of the Planning Board approval of a final development plan and issuance of a building permit, the permit shall become null and void, and the plan approval shall be deemed revoked and vacated; except that such time period may be extended upon application to and authorization by the Planning Board.
(7) 
If construction in a Planned Development District has not commenced within the period described above, the Town Board may elect to conduct a public hearing and otherwise consider and act upon amendment of zoning of the land from Planned Development District to its former district status.
J. 
Conditions to run with land. All conditions required by the Town Board in establishing the Planned Development District and in approval of plans by the Planning Board, including any whose performance may be precedent to the issuance of any permit, shall run with the land and shall not lapse or be waived because of ownership or tenancy change in any part or all of the designated Planned Development District.
K. 
Amendment of established and existing planned development districts.
[Added 10-2-2019 by L.L. No. 2-2019]
(1) 
An application for amendment of an established and existing Planned Development District, including changes to the approved development plan, shall be submitted to the Planning Board for review and consideration. An applicant seeking to amend an established and existing Planned Development District shall submit an amended development plan to the Planning Board which shall contain the information required by § 275-12(D)(2) and (I)(2) and such other information as required by the Planning Board to evaluate the proposed amendments to the Planned Development District. The Planning Board may also require an applicant comply with the requirements of § 275-8M and Town Law § 274-a as part of the application. In evaluating an application for amendment of an established and existing Planned Development District, the Planning Board shall consider the criteria and standards applicable to the initial establishment and creation of a Planned Development District as established in this § 275-12.
(2) 
The Planning Board, in its discretion, may schedule a public hearing relative to the amendment of an established and existing Planned Development District.
(3) 
In the instance where an application for amendment of an established and existing Planned Development District has been approved, the amended Planned Development District development plan shall be filed with the Town and serve as a permanent record to guide further action.
(4) 
The procedure for amending an established and existing Planned Development District as set forth in this § 275-12K shall not apply to amendments, modifications or changes to the allowed and permitted land uses within the Planned Development District or to the amendment of the boundaries of the Planned Development District. An application to amend, modify or change the allowed and permitted land uses within an established and existing Planned Development District or to amend, modify or change the boundaries of an established and existing Planned Development District shall require legislative approval by the Town of Sullivan Town Board. In such cases, the procedure for the initial establishment and creation of a Planned Development District as set forth in § 275-12 shall govern.
A. 
Districts permitted. Golf course shall be permitted by special use permit in all districts.
B. 
Applicable standards of golf courses:
(1) 
Dimensional standards.
(a) 
Minimum course areas:
[1] 
Regulation nine holes: 50 acres.
[2] 
Regulation 18 holes: 110 acres.
[3] 
Par three or executive nine holes: 30 acres.
[4] 
Par three or executive 18 holes: 60 acres.
[5] 
Courses that include tennis courts as an accessory use shall have at least 10 acres more than the basic minimum area for the type and number of holes of the course.
(b) 
Minimum building setbacks in residential districts:
[1] 
Clubhouse with food service or sales, golf cart garage: 200 feet from side or rear property lines; 150 feet from front property line.
[2] 
Other buildings: 100 feet from side, rear, and front lines.
(c) 
Minimum parking area and tennis court setbacks in residential districts: 30 feet width sound and visibility buffering strip of a design approved by the Planning Board or 50 feet without such a strip.
(d) 
Setbacks in nonresidential districts to be set by Planning Board, as needed, on an individual basis.
(e) 
Minimum fairway width:
[1] 
Single fairway (applies only to landing area): 300 feet.
[2] 
Adjacent double or multiple fairways: 150 feet per individual fairway.
(2) 
Sanitary and environmental health standards. Any clubhouse food service or other on-site sale of food or drink requiring on-site preparation or refrigeration must have a food service permit from the Madison County Department of Health. Private water supply and on-site sewage disposal systems for those courses not served by public water or sewer also require approval of the Madison County Department of Health.
(3) 
Lighting. In residential districts, there shall be no artificial lighting and no play allowed after darkness.
(4) 
Screening. Screening or netting shall be provided along or behind fairways and greens wherever necessary, as determined by the Planning Board, to prevent the travel of golf balls beyond the course's property lines.
(5) 
Signage. Signage shall be subject to the standards applicable to signs in the zoning district in which the course is located.
(6) 
Grading plan. The site plan material shall include a grading plan showing contours and cut and fill volume for all graded areas, including tee areas, fairways, landing areas in place of continuous fairways, greens, and playing hazards, such as sand traps and ponds, and it shall indicate how storm drainage runoff will be handled in accordance with the water use plan; and it shall identify all undisturbed natural gases.
(7) 
Water use plan. The site plan material shall show any areas to be irrigated, shall provide an estimate of water consumption by water source (potable water by source, pond water, treated effluent). Any irrigation shall be described by method and shown on the course layout. Storage ponds and water hazards shall be shown and estimates of seasonal storage volume provided, natural water bodies, streams, and wetlands on the course shall be shown, as shall any underground field tile drains, septic systems and disposal fields.
[Added 11-2-2016 by L.L. No. 4-2016]
Low-impact tree service businesses shall be subject to the granting of a special use permit by the Town Planning Board and the following additional requirements:
A. 
The property on which the low-impact tree service business is located shall be at least five acres.
B. 
Any structures containing a low-impact tree service business shall be set back at least 200 feet from the nearest residential property line.
C. 
A site plan shall be prepared to scale, depicting all site amenities, including ingress, egress, lighting, drainage, signage and such other features as deemed necessary by the Planning Board.
D. 
All signage must be approved by the Town of Sullivan Planning Board.
E. 
The on-site hours of operation of the low-impact tree service business shall be within the hours of 6:00 a.m. to 9:00 p.m.
F. 
There shall be submitted a written operation/business plan for the low-impact tree service business which shall include a summary that describes the proposed use, buildings, access points and hours of operation.
G. 
There shall be no long-term outdoor storage associated with the low-impact tree service business.
H. 
A low-impact tree service business may include a nursery for the cultivation of trees and necessary stock.
I. 
Such business must front upon, have direct access to or be within 500 feet of a county or New York State highway with sufficient and safe sight distances for ingress and egress.
J. 
The noise levels from the nearest residential use shall not exceed 70 dBA.
K. 
All exterior lighting shall be maintained so as to not shine or spill onto neighboring properties and shall be properly shielded.
L. 
There shall be no non-farm- or non-nursery-related retail business associated with the low-impact tree service business.
M. 
The parking of commercial vehicles on site shall be limited to only those necessary to conduct the low-impact tree service business.
N. 
Parking:
(1) 
No overnight parking shall be permitted.
(2) 
There shall be no more than two licensed and registered vehicles in addition to the owners'/employees' cars.
O. 
There shall be an annual inspection of the operations of the low-impact tree service business conducted by the Town Code Enforcement Officer. Any low-impact tree service business found to be out of compliance with these regulations is subject to revocation or approval by the Planning Board.
P. 
The Planning Board may establish appropriate screening and setbacks to protect impacts to surrounding properties, including but not limited to fencing, berms, and tree and/or hedge plantings.
[Added 3-4-2015 by L.L. No. 2-2015]
A. 
Purpose.
(1) 
It is recognized that structures and establishments operated as adult uses have serious objectionable operational characteristics. In order to promote the health, safety and general welfare of the residents of the Town, this section is intended to restrict adult uses to industrially zoned areas of the Town.
(2) 
The Town Board hereby finds that the operational characteristics of adult uses and the secondary effects of adult uses increase the detrimental impact on a community when such uses are spread throughout the community.
(3) 
The Town Board finds that, based upon common knowledge and experience and studies conducted by other municipalities (including but not limited to Syracuse, New York; Kansas City, Missouri; Bergen, New York; Scotia, New York; Dryden, New York; and Ellicottville, New York), the adult uses sought to be regulated herein have been associated with criminal and other socially undesirable behavior, such as disorderly conduct, prostitution, pornography, drug trafficking and substance abuse, which have the resulting effects of depressing property values in the surrounding neighborhood and increasing the burden upon law enforcement personnel and municipal expenditures.
(4) 
Therefore, this section is intended to promote the health, safety and general welfare of the residents of the Town by regulating the concentration and location of such adult uses.
(5) 
This section has neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials; neither is it the intent nor effect of this section to condone or legitimize the distribution of obscene material.
(6) 
Adult uses may be specially permitted in the Industrial District, subject to the additional restrictions and criteria set forth herein and as otherwise regulated under this chapter. Such uses are otherwise prohibited throughout the Town.
B. 
Restrictions.
(1) 
No adult use shall be allowed or permitted in any zoning district of the Town, except in an Industrial District. All adult uses shall comply with the applicable provisions of this chapter, including those relating to structures and uses permitted in an Industrial District.
(2) 
In addition, no person shall construct, establish, operate or maintain, or be issued a certificate of occupancy for any adult use within the Town unless such use meets the following standards:
(a) 
No more than one adult use shall be allowed or permitted on any one lot. No mixed uses involving an adult use shall be allowed.
(b) 
No adult use shall be allowed or permitted on a lot that is closer than 1,500 feet to:
[1] 
A lot on which there is another adult use.
[2] 
Any LR-40, MR-12, A, B, PDD or MHPD District.
[3] 
Any property that is used, in whole or in part, for residential purposes.
[4] 
Any church or other regular place of worship, community center, funeral home, library, public or private school, nursery school, day-care center, hospital or public park, playground, recreational area, field or trail.
[5] 
Any structures used by the public for public gatherings.
[6] 
Any hotels or motels.
(3) 
Where there is a conflict between the regulations as provided in this section and any other law, rule or regulation of the Town, including this chapter, the most restrictive law, rule or regulation shall apply.
(4) 
All distances set forth herein shall be measured from lot line to lot line. Any relief from the distance buffer referenced under this subsection shall require the issuance of a use variance.
C. 
Observation from public way prohibited. No adult use shall be conducted in any manner that permits the observation of any material depicting, describing or relating to specified sexual activities or specified anatomical areas from any public way or from any other lot, including, but not limited to, any lighting, display, decoration, poster, photograph, video/DVD, sign, show, doorway, window, screen or other opening.
D. 
Adult uses must obtain a special use permit pursuant to the standards and procedures of § 275-9 of this article.
[Added 4-26-2003 by L.L. No. 2-2003]
A. 
The Planning Board of the Town of Sullivan is hereby authorized to approve a cluster development simultaneously with the approval of a plat or plats, both preliminary plats and final plats as defined in § 276 of the Town Law, pursuant to Article 16 of the Town Law.
B. 
Approval of cluster development shall be subject to the conditions set forth in § 278 of the Town Law and in this chapter.
C. 
The zoning districts, outside the limits of the Village of Chittenango, in which cluster development may be applied are the following:
(1) 
Agricultural;
(2) 
MR-12 (Medium Density Residential);
(3) 
LR-40 (Low Density Residential); and
(4) 
PDD (Planned Development Districts).