Town of Verona, NY Article IV Supplemental Regulations

§ 262-24 Land uses.

A. Animals. The raising or harboring of animals within a community can pose a variety of risks to residents, which range from nuisances of noise and odor to serious health hazards of personal injury and infections. The potential occurrence of these risks can be minimized by restricting the number or types of animals that individuals maintain for their personal enjoyment.

(1) Residential (R), Planned Unit Development (PUD), Hamlet (HCR) and Commercial Neighborhood Service (CNS) Zone Districts. No property or dwelling shall contain more than four adult (over four months in age) dogs. There is no restriction upon the number of other domestic animals, such as cats, or pets maintained within a dwelling and within appropriate containers such as aquariums or cages; these animals include, by illustration, tropical fish, exotic birds, gerbils and hamsters. No farm animals, domesticated species of farm animals (miniature horses, pigs, etc.), wild animals, or any exotic animal that is poisonous and similarly harmful to humans shall be harbored or maintained as pets in these districts.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(2) Rural Development and Rural Residential Zone Districts. There is no limit on the type or number of farm, exotic or domestic animals maintained as pets by a resident within his/her respective residential properties with the following exception. A special permit is required to construct on nonagricultural lots facilities to harbor animals, such as private stables or accessory kennels. Such facilities shall be of a size, location and design that are determined by the ZBA to be appropriate to the character of the site and adjoining properties. No facility shall be constructed on nonagricultural lots that are less than three acres in area. The ZBA shall specify the following conditions for the continued maintenance of animals on the lot, including:

(a) The maximum number of animals based upon the type of animal species; waste disposal methods; and noise, odor and visual impacts.

(b) Setbacks from adjoining properties, including location of any fencing.

(c) Any other conditions it deems appropriate to ensure the character of the area and surrounding properties.

(3) All other districts. A special permit from the ZBA shall be required for animals normally and reasonably kept as pets that are to be maintained in nonconforming residential and/or farmland uses within any other district. Pets shall be intended to mean domestic animals normally and reasonably kept as pets. It shall not mean or include any farm animal, either native or imported to the area, which is kept or raised for meat or milk production.

B. Utility substation. Public utility substations and similar utility structures shall comply with the following:

(1) Any building shall be setback in conformance with the applicable district regulations.

(2) A facility without a building shall be surrounded by a fence, six feet in height, and the fence shall be set back in conformance with the applicable district regulations for residential required yards.

(3) When required by the reviewing board, a landscaped area, at least 15 feet in width, of grass and evergreen plantings shall be maintained and surround the fence and/or building.[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

C. Manufactured homes, temporary. Manufactured homes may not be permitted as a temporary principal or accessory structure in any district except upon special permit approval by the ZBA. The use and occupancy of the temporary manufactured home shall be limited by the ZBA to the duration of need for construction of a permanent dwelling or similar structure in accordance with the Article IV, Supplemental Regulations, § 262-24J.[3]

[3] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

D. Grading and filling. No grading, cut or fill of material shall be made in any district which leaves a finished slope in excess of one-foot vertical to two feet horizontal except after site plan review by the Planning Board and provision of adequate retaining walls, fencing and drainage systems.

E. Maximum number of principal uses lot. There shall be not more than one principal use of a lot unless explicitly permitted in the applicable zone district or upon approval of a site plan review by the Planning Board. The Planning Board may allow up to a maximum of three principal uses on one lot. (NOTE: A principal use differs from principal structure; some uses may normally have multiple principal structures, i.e., farm, warehouse, shopping center, etc.)

F. Outdoor storage and maintenance.

(1) All districts.

(a) Waste materials. Except for farms, farm as hobby, one- and two-family dwellings, the temporary storage of garbage containing waste materials, rubbish and all types of refuse containers shall be separated from all adjoining lots or rights-of-way by a screening device not less than four feet in height, or otherwise contained within an enclosed structure, except during such times as are designated for the removal of contents. No unpleasant or noxious odors are permitted beyond lot lines as determined by the Code Enforcement Officer. No outdoor storage of waste shall be located within any required yard.

(b) Landscape maintenance.

[1] Any lawns, landscaping, buffer strips or similarly planted areas shall be appropriately maintained throughout the year. Such areas shall be kept clear of debris and waste, and plant materials shall be trimmed or cut according to any plans approved by the Town or in manner appropriate to the plant species.

[2] All grassed areas shall be maintained below a maximum height of eight inches with the following exception: there is no maximum grass height requirement for farms, farm as hobby and one-family dwellings in the Rural Development or Rural Residential Zones.

[3] All violations of this subsection shall be addressed under Article VI, Administration and Enforcement, § 262-37. A conviction under this section shall be deemed a violation and punishable by a fine not to exceed $100 per week for each week the violation continues to occur. Should the violation occur for four consecutive weeks, the Town shall be hereby empowered to cause the grass in violation to be mowed, and all fines and costs of said mowing, at a rate of $100 per hour, shall be charged to the property owner. In the event of nonpayment, all said costs and fines levied upon the tax bill on the property in violation.

(c) Portable storage container. For small-volume limited-duration product usage, such as at a residential site, only one container, and normally for six months or less and for large-volume limited-duration product usage, such as at a construction site and normally for 12 months or less, portable storage containers function in lieu of permanently installed stationary containers.

(2) Residential districts (RR, R, Hamlet).

(a) Disabled vehicles, equipment or material.

[1] No property shall provide for the storage or parking of any disabled vehicles, equipment, appliances, building components or parts thereof unless such material is enclosed and fully contained within a principal or accessory structure with the following exception: not more than one disabled motor vehicle may be stored outdoors, provided that it is not located between the front building line and the street line. For purposes of enforcement, "disabled" shall mean such vehicle and or material is unlicensed, unregistered or is mechanically incapable of operating for its intended use.

[2] Building components, such as windows, doors and lumber, may be temporarily stored outdoors during work activity covered by a building permit.

[3] Disabled material may be temporarily stored outdoors for no more than 24 hours, if necessary, for repairs or for trash collection.

(b) Recreational vehicles. Campers, motor homes, recreational vehicles, snowmobiles, boats and similar recreation-oriented vehicles may not be parked or stored out of doors in the front yard in a residential use district except in the established driveway, and must be at least two feet from any side lot line and five feet from any rear lot line.

(c) Commercial vehicles.

[1] Vehicles related to home occupation: See home occupation § 262-33F.

[2] Vehicles not related to the residential use or a home occupation. Up to two commercial vehicles may be parked on residential property when those vehicles are a primary means of transportation for the employment of the occupants and when they are parked within the property in locations that are consistent with the parking requirements of this chapter and the applicable district's lot and dimensional standards.

[3] For purposes of this section, a "commercial vehicle" is defined as any vehicle registered with commercial license plates, with permanent business labeling or advertisement visible (in excess of six inches square) anywhere on the vehicle body and exceeding any combination of two or more of the following vehicle dimensions:

[a] Width: eight feet.

[b] Length: 20 feet.

[c] Gross vehicle weight: two tons.

[d] Number of axles: three.

[e] Height: 10 feet.

[f] Number of wheels: six.

(3) Other zone districts (RD, CNS, PC, HCI): See parking section for any applicable requirements.[4]

[4] Editor's Note: See §262-26, Parking and loading, of this chapter.

G. Public facades. The usage of metal-sided buildings as facades for primary structures should be minimized, especially in highly visible areas and along principal commercial corridors. All new construction or redevelopment of a property should, to the greatest practical extent, utilize materials such as brick, stucco, stone, smooth concrete, clapboards, shaker shingles, clear glass, stained glass and metal framing around windows and doors. Materials such as exterior insulation and finish systems, waterproofing, concrete block, gravel aggregate materials, corrugated sheet metal, tinted, dark or mirrored glass for windows and door should not be used.

H. Service and screening.

(1) If a commercial-scale trash compactor unit is to be used, this unit shall be attached to the building and be screened in with materials and colors that are consistent with the building that it serves. Also, an effort to minimize the noise of the compactor unit from adjacent properties shall occur.

(2) Dumpsters must be screened with materials and colors that are consistent with the building that it serves (i.e., a brick building must have a dumpster screened with brick walls).

(3) Loading docks, if attached to a building, must be screened with materials and colors that are consistent with the building that it serves (i.e., loading docks attached to a brick building must be screened with brick walls).

(4) Air-handling units and other mechanical equipment placed on a roof should not be visible from the street.

(5) As to commercial or industrial uses, antennas, satellite dishes, cellular towers, and other communications equipment should be as unobtrusive as possible, screened if possible.

I. Pedestrian circulation at commercial properties:

(1) Sidewalks should be provided with crosswalks, curb cutouts, and appropriate signage.

(2) Trash receptacles and benches near buildings, with other opportunities to sit and relax in public spaces, should be provided.

(3) Sidewalks must be constructed to comply with the Americans with Disabilities Act.

J. Temporary residence. A temporary residence may be established in any district allowing residential uses upon special permit approval by the Zoning Board of Appeals. The temporary residence must be mobile or of modular construction that can be removed from the site. The temporary residence shall be removed within six months of when living assistance has been discontinued or within 30 months of issuance of the permit, whichever is less. The Zoning Board of Appeals may require annual or periodic inspection or certification that living assistance is still necessary. The Zoning Board of Appeals shall limit occupancy of the temporary residence to specific individuals who are either providing or receiving living assistance.

Accessory elements.

(1) Generally. Accessory elements are activities, uses, and buildings and structures that are supportive or necessary to the functioning of a principal land use or building. Common accessory elements include, but are not limited to, on-site parking, signs, lighting, waste disposal or storage sheds. Some accessory elements are subject to separate and additional controls distinct from those regulating principal uses or structures.

(2) Dimensional and locational controls. Unless otherwise specified within this chapter, all accessory elements shall be:

(a) Located on the same lot as the principal use, which it supports.

(b) Located in the rear yard of the lot.

(c) Set back a minimum of five feet from any side or rear property line.

(d) Not to exceed 15 feet in height.

(e) Included in the calculation of lot coverage.

(f) Subject to the same form of local review as the principal use.

(3) Controls for specific accessory elements. The following accessory elements are specifically controlled within the chapter. See the applicable sections.

(a) Parking.[5]

[5] Editor's Note: See §262-26, Parking and loading.

(b) Signs.[6]

[6] Editor's Note: See Ch. 199, Signs.

(c) Swimming pools.

(d) Fences.[7]

[7] Editor's Note: See Ch. 136, Fences and Screening Devices.

(4) Use controls. All accessory elements shall be subordinate and secondary in scale, intensity of use and impact to the principal land use. No accessory element shall substantially alter the primary character of the principal land use thereby changing it to another form of land use.

§ 262-25 General lot and structure.

A. Height. The height limitations of this chapter shall not apply to church spires, belfries, cupolas, and penthouses not used for human occupancy; nor to chimneys, ventilators, skylights, stairwells and necessary mechanical appurtenances usually carried above roof level. Such features shall, however, be erected only to such height as is necessary to accomplish the purpose they are to serve. The horizontal area covered by such elements shall not exceed 20% of the ground floor area of the building.

B. Ornamental features. The provisions of this chapter shall not apply to the erection of ornamental parapet walls or cornices above the building height limit that extend no more than five feet above such height limit.

C. Yards.

(1) Limited exemption. Upon site plan review and approval, the Planning Board may in any district reduce the required front yard for a structure to the average setback of existing structures and uses within 200 feet on either side of the proposed structure. The Planning Board shall find that there is a consistent existing pattern of development in the immediate vicinity of the proposed structure. In no case shall such yard be reduced to less than 20 feet.

(2) Required yards shall be open and unobstructed except as noted below:

(a) Any enclosed porch or unenclosed porch having a solid foundation and capable of being closed shall be calculated as part of the building in determination of the required yards or lot coverage.

(b) Decks more than one foot above grade shall be calculated as part of the building in determination of the required yards or lot coverage.

(c) Eaves with an overhang of not more than two feet, rainwater leaders, window sills and other such fixtures, open steps, and bay windows not more than 12 feet wide, at one floor level only, and for a projection not to exceed two feet, may extend into any required yard.

(d) Fences and uncovered patios at ground level may be erected or constructed any place on a lot without regard to yard requirements, provided that fences comply with applicable requirements of all other sections of this chapter.

(3) Corner lots.

(a) The front yard setback requirements shall apply to the narrower frontage. The longer frontage shall comply with the required side yard or to average front yard setback for existing properties within 200 feet of a proposed structure, whichever is greater.

(b) Garages shall be setback a minimum of 25 feet from any front property line regardless of allowable minimum setbacks.

(c) Visibility shall be maintained for vehicles on adjacent streets. No fence, wall, or other structures nor hedge or planting more than three feet in height shall be placed or maintained within the triangular area formed by the intersecting street right-of-way lines and a straight line joining the right-of-way lines at points 20 feet from the point of the right-of-way intersection.

§ 262-26 Parking and loading.

A. Application.

(1) For every building hereafter erected, altered and extended or changed in use, there shall be provided off-street parking and loading spaces at least as set forth in this section.

(2) No use or structure fully in conformance with these requirements on the date of enactment of this chapter may reduce the amount of parking below levels required.

(3) Existing uses or structures not conforming to the parking schedule may continue; provided, however, that any modification causing an increase in use of floor area (with or without structural modification) shall require the provision of parking and loading for only that net additional floor area.

(4) For purposes of interpretation, the determination of a change in use shall be based upon the uses enumerated in Subsection B of this section. If such a change in use results in a greater required number of parking and loading spaces than what is present for an existing structure, then only the net increase in parking and loading shall be required. However, any off-site parking spaces associated with an existing use may not be automatically transferred to a new use unless approved pursuant to the requirements of this article. An unspecified use shall have the same parking ratio as the most closely similar use which is included in the schedule or if necessary as determined by the Zoning Board of Appeals.

B. Parking schedule. The ratios listed below for each use are based upon the square footage of a structure's floor area as defined herein. In calculating the required number of spaces, all fractional results shall be rounded to the next higher whole number. Site plan approval for parking is required for all uses except one- and two-family dwellings. A parking space must be at least 10 feet by 20 feet.

	Use	Number of Spaces Required
	Single-family dwelling	1.5 for each dwelling unit
	Multifamily dwelling	1.5 per dwelling plus 1 space for every 3 units for guest
	Home occupation	1 space for each employee outside the immediate family, in addition to the requirement for the dwelling
	Bed-and-breakfast	1 space for each guest plus 1.5 spaces for owner
	Restaurant-clubs	1 space for every 75 square feet
	Manufacturing	1 space for each employee plus 1 space for every 10 employees for visitors
	Hotel-motel	1 space for each guest plus 1 space per employee
	Retail	2 spaces per 500 square feet plus 1 for each employee
	Theater, church, temple or other place of assembly	1 space for each 5 seating spaces

C. Location of parking.

(1) On-site parking. The total number of required parking spaces shall be located on the same lot as the use which they are intended to serve. Alternatives to on-site parking are provided for in Subsection C(2) of this section. All on-site parking shall be designed and maintained in accordance with Subsection D.

(2) Off-site parking: subject to special permit site plan approval (§§ 262-31, Site plan review standards, and 262-32, Special permit standards). In its review, the reviewing board may allow parking requirements to be met in accordance with the provisions of Subsection C(2)(a) and (b) below.[1]

(a) Off-street. For multifamily dwellings and for all nonresidential uses, up to 100% of the required parking may be located off the lot occupied by the use or structure, provided that the proposed off-site parking area:

[1] Is within the same or a less restrictive zone district as the site of the use or structure it is to serve, and the use of the site as a parking area is compatible with and not detrimental to the surrounding properties;

[2] Is within 300 feet of the property lines of the principal site;

[3] The proposed off-site parking area is dedicated in fee ownership by the occupant/owner of the principal site or controlled by deed covenant;

[4] The proposed off-site parking area is designed and maintained in compliance with the parking design standards as specified in this article and any applicable geometric controls of the zone district;

[5] Provides a safe and convenient means of pedestrian access to and from the principal use site, and the reviewing Board shall consider, but not be limited to, the evaluation of sidewalk adequacy, street crossings, and driveways in the likely pedestrian path between the principal use site and the off-site parking location; and

[6] The principal use site complies satisfactorily with Subsection C(4) of this section.

(b) On-street. For nonresidential uses in the Hamlet Zone District, up to 50% of the required parking may be located in on-street parking spaces, provided that such spaces are:

[1] Within 200 feet of the front property line(s) or within the same block of the site, whichever is less. For purposes of interpretation in determining the extent of the 200 feet, a walking distance (likely pedestrian path) measurement and not direct line should be utilized. The same-block determination may extend down or along intersecting side streets. Within this established area, parking may be located on both sides of a street unless prohibited for access considerations by the reviewing board, who then may extend the distance up to an additional 100 feet in directions that do not require pedestrian street crossings.

[2] Demonstrated to be part of a sufficient supply of available on-street parking spaces within the area established in Subsection C(2)(b)[1], above and the number of parking spaces needed to meet the required parking will not cause the undue displacement of vehicles associated with other uses.

[3] Located with respect to the principal use so that a safe and convenient means of pedestrian access is available, including but not limited to the provision of sidewalks and street crossings.

[4] Located with respect to the travel lanes of the road such that any increase in activity of on-street parking spaces associated with the use will not interfere with the safe and efficient flow of traffic.

[5] Not to be used for loading spaces [unless allowed by Subsection E(4)] for commercial vehicle storage, or to supplement employee/other long-term parking needs associated with a use.

[6] Officially established and maintained by the Town of Verona.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(3) Shared parking. In its review, the reviewing board may allow up to 100% of required parking spaces for a nonresidential use in any district to be shared with another nonresidential use and contained within the same parking area subject to the following:

(a) On-site (two or more uses on the same lot).

[1] The total number of required parking spaces for at least one of the uses is fully provided on-site.

[2] A description of the nature of the uses proposed to share the parking is provided and documents that the actual or anticipated pattern of parking usage associated with each use do not substantially conflict. Overlapping hours of usage is permissible, provided that the peak demand hours for each use do not coincide.

(b) Off-site.

[1] Subject to the provisions of Subsection C(2)(a) of this section.

[2] If the proposed parking is the on-site parking for another use, then the parking area shall have the total number of parking spaces required for the use occupying that site.

[3] If the proposed parking is a parking lot, as defined in this chapter, and it is already shared by one or more other uses, then it must be demonstrated that there is an adequate supply of parking spaces and the patterns of usage of all uses do not substantially conflict with each other.

(4) Findings necessary for off-site or shared parking. In addition to the criteria listed above, the following must also be shown: that the provision of the full amount of required parking on-site is not practical, interfering with the optimal development of the site (such as causing elimination or reduction of buffers), results in poor internal circulation, or creates excessive drainage to adjoining properties.

(5) Transfer of off-site parking rights (change in use) shall be submitted to the Board of original jurisdiction (either the Planning Board or Zoning Board of Appeals) for modification of site plan or special permit approval.

(6) Loss or discontinuance of off-site parking may constitute violation of the original approval issued by the reviewing board and should be reconsidered by that board to determine if the lost parking must be replaced at another location or is no longer needed.

D. Parking area design standards.

(1) One- and two-family dwellings.

(a) One- and two-family dwellings are exempt from all paving, screening and buffering requirements applicable to parking areas.

(b) Within the yard area between the front of the residence and the public right-of-way, all vehicles must park in the established driveway. No vehicle may be parked on the landscaped portion of the yard.

(c) The established driveway may extend from the front edge of the property through the front yard to the side or rear of the residence. The maximum width of the driveway at the street line and within the front yard shall be 24 feet. In no case may more than 25% of any front yard area be paved or used for driveways and off-street parking.

(d) No more than 20% of a lot may be paved with impervious material for the parking of vehicles.

(e) Other than for customary delivery of goods and services to the premises, no residential property in any residential use district shall provide parking, storage or a base of operations for commercial vehicles and support equipment in the required front yard. (See also outdoor storage, residential districts.)

(2) Multifamily dwellings and nonresidential uses.

(a) Exemption. Parking facilities existing on the date of enactment of this chapter shall be exempt from compliance with these design standards unless a change of use has subsequently occurred or the Enforcement Officer has determined an unsafe condition exists and requires modifications to the parking.

(b) Access and layout. The curb cut, driveway and parking area shall be designed so that all vehicle movements to and from the public right-of-way are in a forward direction. The layout of the parking area shall permit entering and exiting without moving vehicle(s) parked in other spaces.

(c) Entrances and exits. The location, number and width of each curb cut providing access to and from a public road shall be specified by the reviewing Board when lacking permit authority by a higher jurisdiction. Curb cuts shall not be located within 20 feet of the nearest curb cut within the site itself or on any adjoining property; for properties less than 60 feet in width, the distance does not apply.

(d) Driveways. Each driveway leading from the curb cut to the parking area shall have a suitable stacking area for the use; and the paved area, exclusive of parking spaces, shall be a minimum of 10 feet in width for one-way traffic and 20 feet in width for two-way traffic up to a maximum of 24 feet unless required to be larger or smaller by another jurisdiction.

(e) Location of parking. Parking spaces may not be located in a required front yard or in required buffer areas.

(f) Landscaping and snow storage.

[1] Buffers. A landscaped buffer shall be installed and maintained on all sides where a parking area abuts adjoining properties or public right-of-way except as provided in Subsection D(2)(f)[8] below. It shall have a minimum width of five feet measured inward from the property line (unless required to be larger by transition or special permit requirements). Decorative materials, including but not limited to plants, shrubs, trees, stone, brick, etc., may be placed in the buffer to delineate the buffer from the parking pavement and to enhance the appearance of the site.

[2] Transition zone. A landscaped buffer shall be installed and maintained consisting of pedestrian amenities and plant material with a minimum width of five feet should occur between buildings and parking areas.

[3] Front yard visibility. Parking areas located between structures and the road should be softened with a low-growing plant material and/or an attractive low wall. No front yard buffer, including associated decorative materials, may exceed 22 feet in height above grade.

[4] Street trees. All required street trees should be placed between the edge of the road and the parking area or front building line, provided that they are trimmed to provide a seven-foot clearance to lowest branches, and the trees are no closer than 10 feet to the edge of a driveway and 10 feet from the front property line.

[5] Screening (fencing). On each side that a parking area abuts or faces upon a residential use or residentially zoned property, the view of that parking area from the residential property or properties shall be effectively screened with an opaque fence or a dense planting of evergreens. Such screening shall be maintained, within the property boundary, at a height of six feet in the rear and side yard areas.

[6] Median planting. Large expanses of parking with more than 25 spaces should be broken up with tree and shrub plantings in raised curb medians.

[7] Snow storage. Each parking lot or area shall provide for a system of snow removal and have sufficient on-site snow storage. Buffer areas may be used to store snow; however, snow may not be deposited in the front yard or in the public right-of-way to a point that it impairs visibility. The reviewing board may require the provision of additional snow storage areas.

[8] Adjacent parking areas. When feasible, the reviewing board shall reduce or eliminate a required side or rear yard buffer to interconnect adjacent parking lots; provided, however, that such approval would not be detrimental to the internal circulation of either parking lot and that adequate provisions for snow storage are provided for all affected properties.

[9] Shared access points: minimize entry points and curb cuts. Temporary curbcuts may be provided for individual sites along the Town's major corridors as they are developed. However, as additional sites are developed, such curb cuts may be abandoned in favor of a safe and conveniently located curb cut that serves multiple, adjoining businesses.

(g) Surfacing. All off-street parking areas and driveways shall be surfaced with an all-weather dustless material and striped to delineate parking spaces. Wheel stops shall be provided where necessary to protect buffers, lighting standards, signs and other installations.

(h) Utilities. Locate utilities underground to the furthest extent possible. All aboveground utility boxes and similar facilities should be clustered and screened with landscaping.

(i) Outdoor lighting. Illumination shall be installed subject to the requirements of and determined by the applicable reviewing board. Hours of illumination shall be specified by the reviewing board as well. In general, lighting fixtures shall not be taller than the buildings that they illuminate and canopy lighting shall be fully recessed. The following standards apply:

[1] Outdoor lighting shall be kept to the minimum intensity needed.

[2] Impact of lighting on adjacent areas and areas within sight of the lights shall be considered.

[3] All outdoor lighting fixtures will be shielded.

[4] The edge of the lamp shield is to be below light source.

[5] Glare from light source is confined within the boundaries of the property.

[6] Glare from light source prevented from escaping toward sky.

[7] Pole from light source is not to exceed a height of 24 feet.

(j) Reserve parking. Up to 25% of the required parking may be established as reserved for future use upon issuance of a special permit by the reviewing board.

E. Loading facilities.

(1) Loading schedule.

(a) In accordance with § 262-26A(3), all commercial buildings shall provide on-site space for loading and unloading trucks and other delivery vehicles as set forth below. In calculating the required number of spaces, all fractional results shall be rounded to the next higher whole number.

(b) The loading schedule shall be determined by the applicable reviewing board.

(2) Loading space dimensions. Each loading space shall be 12 feet in width by 40 feet in length with a clear height of 14 feet unless otherwise specified by the reviewing board based on the type and size of delivery vehicles anticipated.

(3) Location. All loading spaces shall be located in the side or rear yard portions of a site and may not encroach into any buffer area or require the use of adjoining land for maneuvering.

(4) On-street loading. The applicable reviewing board may allow a loading space to be established within the public right-of-way, provided that it be found that the provision of an on-site loading space is not practical and interferes with the optimal development of the site or parking area; and further the use of the on-street loading space is limited to hours of low parking demand or is located in space identified by the Town of Verona as a designated loading zone.

F. Modification of parking and loading requirements. The applicable reviewing board may require additional or fewer off-street parking and loading spaces for any use if it finds that for a particular use the required minimum spaces are not sufficient or are excessive, provided that the safety and general welfare of the public is not jeopardized and, furthermore, provided that such modification should not exceed 50% of the required spaces.

§ 262-27 Adult entertainment.

A. Purpose. It is recognized that adult entertainment enterprises are the subject of some controversy, and the location of enterprises operated within a community are often considered by the residents thereof to be detrimental to the character of the neighborhood and to the perception of the area by others and are liable to exert a negative influence on the development of the surrounding area. Therefore, in order to promote the health, safety and general welfare of the residents of the Town of Verona and to protect the image of the Town, this section is intended to regulate the location and manner of adult entertainment enterprises with the Town of Verona.

B. Definitions. As use in this section, the following terms shall have the meanings indicated:

ADULT ENTERTAINMENT ENTERPRISE

(1) ADULT ARCADES Establishments where, for any form of consideration, one or more motion-picture projectors, slide projectors or similar machines, for viewing by five or fewer persons, are used to show films, motion pictures, video cassettes, slides or other photographic reproductions, which are characterized by emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

(2) ADULT BOOK STORES Establishments which have 50% or more of its stock-in-trade and offers for sale, for any consideration, any one or more of the following:

(a) Books, magazines, periodicals or other printed matter or photographs, films, motion pictures, video cassettes, slides or other visual representations, which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; or

(b) Instruments, devices or paraphernalia, which are designed for use in connection with, specified sexual activities.

(3) ADULT CABARETS Establishments, including any nightclub, bar, restaurant or similar establishment, which regularly features live performances characterized by exposure of specified anatomical areas or by specified sexual activities or films, motion pictures, video cassettes, slides or other photographic reproductions characterized by an emphasis upon the description of specified sexual activities or specified anatomical areas.

(4) ADULT MOTION-PICTURE THEATERS Establishments where, for any form of consideration, films, motion pictures, video cassettes, slides or other photographic reproductions are shown and in which a substantial portion of the total presentation time is devoted to showing of material characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

(5) ADULT THEATERS Establishments including a theater, concert hall, auditorium or similar establishment, which for any form of consideration, regularly feature live performances characterized by the exposure of specified sexual activities or specified anatomical areas.

(6) MASSAGE PARLORS Establishments where, for any form of consideration, massage, alcohol rub fomentation, electric or magnetic treatment or manipulation of the human body is administered, unless by a medical practitioner, chiropractor, acupuncturist, physical therapist or similar professional person licensed by the state. This definition shall not be deemed to include an athletic club, health club, school, gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental accessory service.

SPECIFIED ANATOMICAL AREAS

(1) Less than completely and opaquely covered human genitalia, pubic region, buttocks and female breasts below a point immediately above the top of the areola; and

(2) Human male genitals in a discernible turgid state, even if completely opaquely covered.

SPECIFIED SEXUAL ACTIVITIES

(1) Human genitals in a state of sexual stimulation or arousal; or

(2) Acts of human masturbation, sexual intercourse or sodomy; or

(3) Fondling or erotic touching of human genitals, pubic regions, buttocks or female breasts.

C. License and application fees required. No person shall engage in an adult entertainment enterprise unless he or she shall first have obtained a license to do so from the Town Board no later than two business days before the first day of business. Refer to the Fee Schedule.[1] Every licensee must conspicuously post the license at his or her adult entertainment business.[2]

[1] Editor's Note: See Ch. 132, Art. II, Fee Schedule.

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

D. An application for a license must include the following information:[3]

(1) Name, age and address of applicant's place of residence.

(2) The firm or firms he or she represents, together with copies of documents establishing the firm's residence and address, form of organization, ownership and qualifications to do business in the State of New York. If a corporation, the names and addresses of all officers and directors shall be provided.

(3) A brief description of the nature of business and type of entertainment to be provided.

(4) The place where the applicant proposes to provide such entertainment and the time during which entertainment is to be conducted.

(5) Prior criminal convictions of the applicant, other than minor traffic violations.

(6) Whether or not an adult entertainment enterprise license issued to the applicant under this section has been revoked.

(7) Such other information as may be required by the Town Board to promote the purpose of this section.

[3] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

E. Regulation and restriction of adult entertainment enterprises. All uses defined as adult entertainment enterprises shall exclude patrons under the age of 18 years. The uses as defined in Subsection B are to be restricted as to location in the following manner:

(1) Any of the above uses shall not be located within 1,000 feet of any area zoned for residential use or any single-family, two-family or multifamily dwelling, including structures devoted to both residential and commercial or business purposes.

(2) Any of the above uses shall not be located within 1,000 feet of another said use.

(3) Any of the above uses shall not be located within 2,000 feet of any school, church or any other place of religious worship, park, playground, playing field, community center, funeral home, day-care center, hospital, alcoholism center or drug treatment center or counseling or psychiatric treatment facility.

(4) All of the above uses are to be only located in a PUD Zoning District.

(5) Any enterprise defined as an adult theater or adult cabaret shall provide a stage for the performance of such entertainment, which shall be used by all the performers at all times during such performance.

(6) There shall be no audience participation at any time during the performance at an adult theater or adult cabaret.

(7) It shall be unlawful for anyone at an adult theater or adult cabaret to expose specified anatomical areas or engage in any specified sexual activities or to appear before or come in contact with patrons while exposing specified anatomical areas or engaging in specified sexual activities.

(8) It shall be unlawful for any person conducting, maintaining or operating an adult cabaret, bar and/or lounge, dance hall or discotheque enterprise or any other place of public assembly within the Town of Verona to suffer or permit any waitress, barmaid, entertainer or any other person who comes in contact with or appears before or is likely to come in contact with or appear before patrons while exposing specified anatomical areas.

F. Compliance with zoning required. This Chapter 262, Zoning, shall apply to all activities for which licenses are sought or granted under this chapter. The Town reserves the right to revoke any license upon conviction of a violation of said Zoning Chapter.

G. Procedure for review of application.

(1) The Town Board, upon receipt of a license application, may either approve the application and issue a license or reject the application. All applications received by the Town Board shall be reviewed by the Town Board within 62 days of receipt at either a regular meeting or at a special meeting thereof.

(2) The Town Board, at the time of its review of the application, may, in its discretion, schedule a public hearing to be held upon it. In this event, the Town Board shall have an additional 62 days within which to hold the public hearing and to either approve the application and issue a license or reject the application. Notice of the public hearing shall be published at least once, not less than five days before the date of the public hearing, in a newspaper of general circulation with the Town of Verona. The notice shall state the name of the applicant, the name of the proposed business, the location where the proposed business is to be conducted and the date, time and place of the hearing.

(3) In approving or rejecting an application, the Town Board shall consider the following criteria but in no way shall be limited thereby:

(a) The character of the neighborhood in which the applicant proposes to carry on the adult entertainment enterprise.

(b) The changes that the business would bring to the neighborhood and whether these changes would be to the benefit or detriment of the public good, welfare, health, safety or morals.

(c) The nuisance, refuse, litter, noise and adverse health conditions that the business might or will create.

(d) The requirements of police protection and traffic control.

(e) The criminal record of the person(s) applying for the license.

(4) A license issued pursuant to this section shall expire one year from the date of issuance. Any application for a renewal shall be accompanied by the required application and fee. Refer to the Fee Schedule.[4] Should the application for renewal be approved, the license fee shall be paid upon the issue of the renewed license.[5]

[4] Editor's Note: See Ch. 132, Art. II, Fee Schedule.

[5] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

H. Revocation of license. The Town Board, upon complaint of violation of this section or other ordinance or any law by the licensee, and a hearing upon five days' prior notice to the licensee, may revoke any license for good cause, including without limitation:

(1) Fraud, misrepresentation or false statement contained in the application for the license or any application for renewal thereof.

(2) Fraud, misrepresentation or false statement made in the course of carrying on the adult entertainment enterprise.

(3) Conviction of any crime, misdemeanor or violation of any local law or ordinance.

(4) Conducting the adult entertainment enterprise in an unlawful manner or in such a manner as to constitute a breach of peace or as to constitute a menace to the health, safety or general welfare of the public.

I. Penalties for offenses. Any person violating the provisions of this section shall be guilty of a violation and, upon conviction thereof, shall be subject to a term of imprisonment of up to 15 days or fined not more than $250 for each offense. Every day or part of a day that a violation of this chapter shall continue shall constitute a separate and distinct offense. Notwithstanding any other provision of this section, the license shall automatically be revoked upon conviction of a violation of any provision of this section. The Town shall, in addition to the foregoing, also be entitled to seek injunctive relief.[6]

[6] Editor's Note: Former § 262-28, Signs, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 262-28 Fences. [1]

With the preservation of the asset of the lake frontage of Oneida Lake to the community as a whole and the rights of each individual property owner in mind, the following setback and dimensional requirements shall apply in all areas of the Town of Verona, with no review by the Zoning Board required, outside the Hamlet of Verona Beach. In Verona Beach and all areas of the Town of Verona adjoined by the waters of Oneida Lake, no building permit for any fence shall be issued without the plan for same being reviewed and approved by the Zoning Board of Appeals.

A. Front yard minimum shall be the existing principal structure front line.

B. Side yard setback shall be two feet.

C. Rear yard setback shall be two feet.

D. Maximum height shall be six feet.

E. Sea wall/high watermark set back shall in all cases be 30 feet unless otherwise agreed upon by the adjoining property owners and upon review and authorization by the Zoning Board of Appeals.[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

F. There shall be nothing placed in the two-foot buffer zone between the fence and the property line. Exception: one marker may be located on each corner of the property line not to exceed two inches in diameter and not to be higher than the top of the fence at the corners on which they are located, and shall not be installed in a manner as to cause a safety hazard to humans or animals.

G. Deviation from the above guidelines shall be allowed anywhere in the Town of Verona for side and rear setbacks upon the written agreement of the adjoining property owners and the Zoning Board of Appeals.

[1] Editor's Note: See Ch. 136, Fences and Screening.

§ 262-29 Outdoor solid-fuel-burning appliances and similar equipment.

A. Intent. Outdoor solid-fuel-burning appliances and similar equipment are an economical alternative to conventional heating systems; however, concerns have been raised regarding the safety and the environmental impacts of these heating appliances, particularly the production of offensive odors and potential health effects of uncontrolled emissions. This section is intended to ensure that outdoor furnaces are utilized in a manner that does not create a nuisance and is not detrimental to the health, safety and general welfare of the residents of the Town of Verona.

B. Definitions. As used in this section, the following terms shall have the meanings indicated:

OUTDOOR SOLID-FUEL-BURNING APPLIANCES AND SIMILAR EQUIPMENT

Any equipment, device, apparatus or any part thereof, which is installed, affixed or situated outdoors for the primary purpose of combustion of fuel to produce heat or energy used as a component of a heating system.

C. Permit required. Under no circumstances at any time shall any outdoor solid-fuel-burning appliance or similar equipment be installed without first obtaining a permit from the Code Enforcement Officer. With the exception of existing outdoor furnaces that have been installed prior to the effective date of the provisions set forth in this section, a copy of the manufacturer's installation specifications shall be submitted to the Code Enforcement Official upon the request for a permit.

D. Existing outdoor solid-fuel-burning appliances and similar equipment:

(1) Any outdoor solid-fuel-burning appliance or similar equipment in existence before the effective date of this section shall be permitted to remain, provided that the owner applies for and receives a permit, at no fee, within one year of the effective date of this section.

(2) All existing outdoor furnaces shall comply with the provisions of this section, with the exceptions of Subsection G(1) and (2).

(3) Any existing outdoor furnace in violation of the provisions of this section, with the exception of Subsection G(1) and (2), shall be made to comply, or shall be removed within 30 days from the receipt of a violation notice from the Town of Verona Code Enforcement Officer.

(4) If the owner of an existing outdoor furnace does not receive a permit or does not comply with the provisions set forth in this section, with the exception of Subsection G(1) and (2), within one year of the effective date of this section, the furnace shall be removed.

(5) All existing outdoor furnaces shall comply with Subsection G(3).

E. Installation and maintenance. All outdoor solid-fuel-burning appliances and similar equipment shall be listed and labeled by a recognized testing laboratory for outdoor installation and installed and maintained in accordance to the manufacturer's specifications. The penetration of the building wall by the pipes supplying the heated water to the building shall be inspected.

F. Specific requirements:

(1) Permitted fuel. Only untreated firewood and untreated lumber are permitted to be burned in an outdoor wood furnace. Burning of any and all other materials in an outdoor wood furnace is prohibited.

(2) Furnaces that burn natural gas, propane, home heating oil and coal shall burn only the fuel listed for that equipment. Any and all other materials in these furnaces shall be prohibited.

(3) Lighter fluids, gasoline or any chemicals to start the furnace are prohibited.

(4) No outdoor furnace at any time shall be utilized as a waste incinerator.

G. Permitted zones and months of operations:

(1) Outdoor solid-fuel-burning appliances and similar equipment shall only be utilized during the months between October 1 and April 30 and shall only be permitted in Residential (R), Rural Residential (RR), Rural Development (RD) and Commercial Neighborhood Service (CNS) Zones with the minimum lot dimensions as follows:

(a) The minimum side lot setback shall be no less than 250 feet.

(b) The minimum rear lot setback shall not be less than 250 feet.

(c) The minimum setback from the primary residence shall be not less than 50 feet or in accordance with the manufacturer's specifications, whichever is more.

(2) No outdoor solid-fuel-burning appliance or similar equipment shall be installed within 1,000 feet of any school, business, church, playground or public assembly.

(3) All outdoor furnaces shall be equipped with a properly functioning spark arrestor.

H. Stack location and height. The required stack height of the outdoor furnace shall be installed in accordance with the manufacturers' specifications and is not to exceed 25 feet in height for the total structure.

I. Suspension of permit.

(1) A permit issued pursuant to this section may be suspended at the discretion of the Town of Verona Code Enforcement Officer after determining that such suspension may be necessary to protect the health, safety and welfare of the residents of the Town of Verona and if the following conditions occur:

(a) Malodorous air contaminants from the outdoor furnace are detectable outside the property of the person on whose land the outdoor furnace is located.

(b) The emissions from the outdoor furnace interfere with the reasonable enjoyment of life or property.

(c) The emissions from the outdoor furnace cause damage to vegetation or property.

(d) The emissions from the outdoor furnace are or may be harmful to human or animal health.

(2) A suspended permit may be reinstated once the condition which resulted in suspension is remedied and reasonable assurances are given that such condition will not recur. Recurrence of a condition, which has previously resulted in suspension of permit, shall be a violation of this section.

J. Effect on other regulations. Nothing contained herein shall authorize or allow burning which is prohibited by codes, laws, rules or regulations promulgated by the United States Environmental Protection Agency; New York State Department of Environmental Conservation, or any other federal, state, regional or local agency. Outdoor furnaces, and any electrical, plumbing or other apparatus or device used in connection with an outdoor furnace shall be installed, operated and maintained in conformity with the manufacturer's specifications and any and all local, state and federal codes, laws, rules and regulations. In case of a conflict between any provision of this section and any applicable federal, state or local ordinances, codes, laws, rules and regulations, the more restrictive or stringent provision or requirement shall prevail and be applicable.