Town of Van Buren, NY Use Regulations

A1 Dwelling, single-family detached: a building other than a mobile home containing one dwelling unit and surrounded by open space or yards and which is not attached to any other dwelling unit.

A2 Mobile home: a one-family dwelling which is built on a permanent chassis with or without a permanent foundation when connected to the required utilities and bearing a label certifying that it is built in compliance with the Federal Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. § 5401 et seq.), which became effective June 15, 1976.

A3 Dwelling, single-family attached: a dwelling unit attached to one other dwelling unit by one or more unpierced common walls (including the walls of attached garages or porches).

A4 Dwelling, townhouse: a building divided by one or more common walls extending from the base of the foundation to the roof line and designed for two or more dwelling units.

A5 Dwelling, apartment: a building two or more stories in height designed for containing three or more dwelling units and in which at least one unit is located over one other unit and in which they may or may not share common entrances and/or other spaces. Individual dwelling units may be owned, or offered for rent.

A6 Residential conversion: the conversion of an existing single-family dwelling into two or more dwelling units. The dwelling must maintain the appearance of a detached dwelling with a single front entrance. The dwelling units may share a single front entrance. Additional entrances may be placed on the side or rear of the structure. Except as may be necessary for purposes of safety, there shall be no major structure change in the exterior of the building in connection with the conversion. After conversion, the building shall retain substantially the same structural appearance it had before such conversion. Off-street parking spaces shall be located to the side or rear of the converted structure.

Agricultural uses.

B1 Agriculture: the use of land for the production of field crops, fruits, vegetables, ornamental plants, and/or livestock, livestock products and/or woodland products, and such uses that are within the definition of "land used in agricultural production" as defined in § 301 of the Agriculture and Markets Law. The land may include as incidental to the agricultural use a dwelling, storage buildings and outdoor storage areas for equipment, animals, products, or farm waste generated on the farm.

Public assembly uses.

C1 Outdoor recreation: the use of land for recreation activities conducted out-of-doors, which may include a structure for offices related to the use and related retail sales, storage, meetings and refreshments. Such activities may include, but are not limited to, wildlife areas, hiking trails, picnic areas, campgrounds, skiing, ice skating, tennis, swimming, boating, ball fields, golf, miniature golf, archery, horseback riding, fish and game clubs, golf courses, soccer fields, paintball and team sports.

[Amended 12-4-2018 by L.L. No. 6-2018]

C2 Indoor recreation: the use of land for recreation activities conducted within an enclosed structure, which may include offices related to the use and related retail sales as an accessory to the principal use. Indoor recreation may include, but is not limited to, theaters, health or fitness centers, all forms of studios (dance, art, martial arts, etc.), bowling alleys, arcades, roller rinks, pool halls and swimming pools. Restaurants and taverns are excluded.

C3 Indoor institutional: Indoor institutional uses include indoor public and not-for-profit recreational facilities, such as gymnasiums, swimming pools, libraries, museums, and community centers, private and public schools, religious institutions, adult and child day-care centers, and similar uses.

C4 Outdoor institutional: Outdoor institutional uses include outdoor not-for-profit recreational facilities, such as outdoor swimming pools and grounds for community centers, religious, adult and child day-care centers.

C5 Fraternal organizations: facilities where groups of individuals gather for common social and civic purposes. Examples include, but are not limited to, the Elks, the Moose, the Masons, the Veterans of Foreign Wars, the Knights of Columbus and other similar organizations.

C6 Hospital: a facility where medical care is offered on an in-patient or out-patient basis, by licensed members of the medical profession, and includes sanitariums, clinics, rest homes, nursing and convalescent homes, homes for the aged, and other facilities for the diagnosis, treatment or care of human ailments.

C7 Nursing home: a facility licensed by the State of New York for the aged or chronically or incurably ill persons in which five or more such persons not related are provided with long-term food and shelter or care for compensation.

Commercial uses.

D1 Administrative office: office uses including those whose primary function is the handling of information or administrative services. Such uses do not typically provide service directly to customers on a walk-in or on an appointment basis.

D2 Personal or professional service: Personal service and professional service uses include all exclusively indoor uses whose primary function is the provision of services directly to an individual on a walk-in or by-appointment basis. Examples of such uses include professional services, insurance services, realty offices, financial services, medical offices and clinics, veterinary clinics, funeral homes, barbershops, beauty shops, tanning and piercing salons, and related uses.

D3 Indoor sales or service: Indoor sales and service uses include all uses which conduct or display sales or retail merchandise or equipment, or which provide nonpersonal services, nonprofessional services, or banking services entirely within an enclosed building. This includes self-service facilities such as coin-operated laundromats. A use in which the outdoor display areas exceed 15% of the indoor sales area shall be considered an outdoor sales use.

D4 Outdoor sales and displays: includes uses which sell, rent or display merchandise or equipment predominantly outside an enclosed building. Examples of such uses include landscape gardening, manufactured housing sales and monument sales. Such uses do not include the storage or display of inoperative or other materials typically associated with a junkyard or salvage yard. In the LB District, outdoor commercial displays are permitted only in association with a permitted principal indoor use.

D5 Motor vehicle sales: the uses of any building, land area, or other premises or portion thereof for the display, sale or lease of motor vehicles or trailers and including any repair work conducted as an accessory use.

D6 Light vehicle maintenance and service: Light vehicle maintenance and service includes uses that perform motor vehicle maintenance services, such as oil changes, and may also make minor repairs. All operations except loading must be performed entirely within an enclosed building. No outside storage of automobile parts, dismantled vehicles or similar articles shall be permitted.

D7 Fuel stations and car washes: Fuel stations and car washes include all uses which sell motor fuel and/or which wash vehicles, even though other services may be offered on the site. Fuel sales and car wash activities are deemed to predominate and therefore any other sales and services that are offered on the same site shall be considered an accessory use, such as is the case with a convenience store.

D8 Restaurant: a structure designed, intended as or used, in whole or in part, for the licensed retail sale of prepared food and/or beverages, including taverns, bars, diners, etc.

D9 Riding stable: land and buildings used and conducted as a business to house horses and for their exercise or training, including renting of horses, schools, boarding stables, tack shops, or other related uses. This activity may only be conducted on a lot of at least five acres.

D10 Marina: an establishment providing docking, moorage space, and related activities limited to the provisioning or minor repair of pleasure boats and yachts, and accessory facilities including, but not limited to showers, toilets, and self-service laundries.

(11)

D11 Commercial animal boarding: Commercial animal boarding facility uses include uses which provide short-term and/or long-term boarding for domestic animals such as a commercial kennel. Exercise yards and training areas associated with such uses are considered accessory to such uses and do not require separate consideration. This activity includes veterinary clinics that provide boarding for domestic animals. This activity may only be conducted on a lot of at least three acres.

(12)

D12 Commercial indoor lodging: Commercial indoor lodging facilities include uses which provide overnight housing in individual rooms or suites of rooms. Such uses may provide in-room or in-suite kitchens, and may also provide indoor or outdoor recreational facilities; includes hotels and motels.

(13)

D13 Bed-and-breakfast: a business conducted within or upon the same parcel as a private residence that offers for remuneration sleeping accommodations in seven or fewer rooms and serves breakfasts at no additional cost to its lodgers. For the purpose of this definition, a "lodger" means a person who rents a room in a bed-and-breakfast establishment for fewer than 30 consecutive days. This activity may only be conducted on a lot of at least 25,000 square feet.

(14)

D14 Group day-care center (six or more children): Group day-care centers are uses in which qualified persons provide child day-care services as defined under the provisions of § 390 of the New York Social Services Law, for six or more children. Examples of such uses include day-care centers and nursery schools. Such uses are considered commercial and shall not be located within a residential building. Such land use may be operated on for-profit or a not-for-profit basis. Such uses may be operated in conjunction with another principal land use on the same environs, such as a church, school business, or civic organization. In such instances, group day-care centers are not considered accessory uses and therefore require review as a separate land use.

(15)

D15 Ancillary parking area: An ancillary parking area is a parking area which is located in a residential district and either across the street from or contiguous to the boundary of a commercial district containing a use for which the ancillary parking area provides required parking spaces. The entire ancillary parking area shall be located within 300 feet of the commercial district boundary containing the use(s) for which it provides required parking spaces. Ancillary parking areas shall be used exclusively for parking of private passenger vehicles.

Storage or disposal uses.

E1 Commercial indoor storage or wholesaling: Commercial indoor storage and wholesaling uses are primarily oriented to the receiving, holding, and shipping of packaged materials as a business. With the exception of loading and parking facilities, such uses are contained entirely within an enclosed building. Examples of these uses include warehouse facilities, long-term indoor storage facilities, self-storage units and freight terminals.

E2 Conversion of barns for storage: the use of an existing barn for the storage of nonperishable materials without significant exterior alterations to the barn.

E3 Outdoor storage or wholesaling: Outdoor storage and wholesaling uses are primarily oriented to the receiving, holding, and shipping of packaged materials for a single business or group of businesses. Examples include contractors' storage yards, equipment yards, lumberyards, construction materials yards, mini-storage or personal storage facilities and shipping materials yards. Such uses do not include the storage of inoperative vehicles or equipment, or other materials typically associated with a junkyard or salvage yard.

E4 Secondhand material and parts facility: includes uses that display, store and offer for sale used construction material and mechanical parts. All materials and parts must be stored and displayed within an enclosed building.

E5 Solid waste management facility: a facility defined as such in Part 360 of Title 6 of the New York Codes, Rules and Regulations, Solid Waste Management Regulation.

E6 Composting operation: a facility defined as such in Part 360 of Title 6 of the New York Codes, Rules and Regulations, Solid Waste Management Regulation.

E7 Petroleum storage facilities: the storage of petroleum products in aboveground or belowground storage containers, designed for wholesale distribution.

Industrial uses.

F1 Light industrial use: Light industrial uses are industrial facilities at which all operations (with the exception of loading operations) are conducted entirely within an enclosed building; and which do not emit odor, noise, heat, vibration, or radiation which is detectable at the property line.

F2 Reclamation facility: an enclosed use involving the separating, handling, dismantling, and storage of used machinery, equipment or other used goods, alone or in conjunction with retail or wholesale sale of such materials.

F3 Heavy industrial use: Heavy industrial uses are industrial uses which may be wholly or partially located outside of an enclosed building; or which emit odor, noise, heat, vibration or radiation detectable at the property line.

F4 Heavy vehicle maintenance and service: Heavy vehicle maintenance and service includes all uses other than light vehicle maintenance and services operations conducted wholly or partially outside an enclosed building.

Utilities.

G1 Public services and utilities: includes emergency services such as fire department and rescue operations, wastewater treatment plants, public and private utility substations, water towers, utilities and public service, sewer, water and sewer pump stations and related distribution facilities.

[Amended 12-17-2019 by L.L. No. 11-2019]

G2 Telecommunications tower: a structure on which a transmitting and/or receiving antenna(s) is located. (See § 200-32.)

Prohibited uses.

H1 Junkyard: any place for the storage or deposit, whether in connection with another business or not, where two or more unregistered, old, or secondhand motor vehicles, no longer intended or in condition for legal use on the public highways, are held, whether for the purpose of resale of used parts therefrom, for the purpose of reclaiming for use some or all of the materials therein, whether metal, glass, fabric or otherwise, for the purpose of disposing of the same or for any other purpose; such term shall include any place of storage or deposit for any such purposes of used parts or waste materials from motor vehicles which, taken together, equal in bulk two or more such vehicles. "Junkyard" shall be synonymous with "salvage yard."

H2 Automobile graveyard: any lot or place that is exposed to the weather and upon which more than five motor vehicles of any kind incapable of being operated and not currently licensed are placed, located or found.

H3 Landfills: land or a disposal facility where solid waste or its residue is intentionally placed.

§ 200-23 Regulations for accessory uses and structures.

Whenever an activity is conducted in conjunction with a principal use and the accessory use (a) constitutes only an incidental or insubstantial part of the total activity that takes place on a lot, or (b) is commonly associated with the principal use and integrally related to it, then the accessory use may be regarded as accessory to the principal use and, except as otherwise herein provided, may be carried on under the permit issued for the principal use. For example, a swimming pool/tennis court complex is customarily associated with and integrally related to a residential subdivision or multifamily development and would be regarded as accessory to such principal uses, even though such facilities, if developed apart from a residential development, would require a separate permit.

Unless otherwise specified, all accessory uses and structures shall be subject to the same process as the principal use to which it is incidental.

Unless otherwise specified, all accessory uses and structures shall conform to the lot and structure dimensional standards applicable to the principal use or structure.

An accessory use or structure is not permitted on a lot without a principal use.

§ 200-24 Residential accessory uses.

Without limiting the generality of § 200-23, the following activities, as long as they satisfy the general criteria set forth in § 200-23, are specifically regarded as accessory to residential principal uses:

Hobbies or recreational activities of a noncommercial nature, which do not constitute a nuisance by reason of smoke, odor, vibration, dust, or noise. There shall be no paid employees or assistants.

Yard sales or garage sales, so long as such sales are not conducted on the same lot for more than three days (whether consecutive or not) during any ninety-day period.

Temporary seasonal sales of produce grown on-site as long as no permanent structure is erected for the conduct of such sales, and no sales are conducted within the limits of any public highway right-of-way.

A private garage for the storage of not more than four motor vehicles, provided that no business, occupation or service is conducted for profit therein.

Swimming pools as defined by the New York State Building Code.

Outdoor storage of no more than one unlicensed but operable motor vehicle is permitted in all residential districts subject to the following restrictions:

[Amended 8-5-2008 by L.L. No. 9-2008]

No motor vehicle may be stored within the front yard or within the side yard, except a motor vehicle offered for sale, which must be located upon the driveway outside of the public right-of-way.

No more than one vehicle may be offered for sale upon the premises at any given time, and no more than three vehicles may be offered for sale in a twelve-month period.

Any motor vehicle offered for sale upon the premises must be titled to a person residing upon the same premises.

All unlicensed vehicles used for drag or stock-car racing shall be stored in an enclosed building.

Vans and trucks with a carrying capacity of more than 1 1/2 tons, including but not limited to cube vans, semi tractors, stake rack trucks, dump trucks, etc., shall not be parked in the front, rear or side yards.

All such motor vehicles must be operable. Junk or junked vehicles may not be stored in the front, side or rear yards in a residential district, except to strip parts for repair for a period not to exceed 30 days, after which time they must be removed,

Home occupations, upon compliance with the standards hereafter set forth and the issuance of a special use permit by the Zoning Board of Appeals, in order to permit residents to conduct certain secondary business activities within their homes (principal structure) while not altering the primary use or appearance of the property as a residential dwelling. A home occupation must be conducted by the occupant(s) of the dwelling, shall cease upon the departure of the occupant(s), and may not be transferred to a new owner or occupant without the express approval of the Zoning Board of Appeals.

A home occupation discontinued for a period of 12 consecutive months shall not be reestablished without the express approval of the Zoning Board of Appeals and in compliance with this chapter.

No home occupation existing on the date of enactment of this chapter shall be modified or altered in any way except in compliance with this section.

Employment or participation of occupants of the residence shall not exceed two adult persons. Not more than one nonresident employee shall be permitted.

To ensure that no exterior display or indication of the activity shall be visible to the general public, the following are prohibited, including, but not limited to:

Outdoor sales or display of items for sale.

Signs, except identification signs permitted under the applicable zoning rule or regulation.

On-site parking of more than one commercial vehicle associated with the home occupation unless housed in an enclosed residential garage.

(d)

Any variation in the residential character of the property such as construction of a separate entrance, other exterior structural alteration or the addition of parking area.

(e)

Outdoor storage of any material or goods associated with the home occupation.

Such activity is to be confined within the principal structure, and no yard area is to be used in conjunction with the activity except for required parking spaces.

The gross floor area of a home occupation, regardless of location on the premises, shall not exceed 25% of the first-floor area of the principal structure or a cumulative total of 500 square feet, whichever is less.

On-premises sale of merchandise is prohibited, except where clearly incidental and secondary to the home occupation, limited in scope and where there is no exterior evidence of items for sale. This shall not prevent on-premises sales or mail order handling of materials stored and shipped from off-site, nonresidential premises.

The home occupation shall not increase the number or type of delivery vehicles customary to a dwelling, nor create any hazard to neighboring persons or property and shall not cause any electronic interference, excessive noise, vibration, smoke, dust, odors, heat or glare on surrounding properties.

Students receiving instruction in the visual or performing arts, including, but not limited to, music, dance, fine arts or crafts, within any period of time shall not exceed two.

There shall be only one home occupation use allowed per dwelling. Home occupations shall be allowed in multifamily dwellings but only within those units that have direct pedestrian access to the outside of the structure and do not require any customer or client of the home occupation to use a shared or common corridor. The Zoning Board of Appeals may impose additional requirements on home occupations in multiple-family dwellings for the protection of other residents.

(11)

The storage or parking of construction equipment or vehicles, machinery and building materials is prohibited.

Ground-mounted satellite dish antennas, more than one meter in diameter accessory to a use permitted in a residential district, are permitted subject to compliance with the following criteria:

All residential installations must comply with all accessory use, yard, height, and bulk requirements.

All installations shall employ (to the extent possible) materials and colors that blend with the surroundings, as determined by the Code Enforcement Officer.

All installations must include screening treatments located along the antenna's nonreception window axes and low-level ornamental landscape treatments along the reception window axes of the antenna's base. Such treatments must completely enclose the antenna.

Roof-mounted satellite dish antennas, more than one meter in diameter accessory to a use permitted in a residential district, are permitted subject to compliance with the following criteria:

Demonstration by the applicant that compliance with provisions of this chapter for a ground-mounted antenna would result in the obstruction of the antenna's reception window and that such obstruction involves factors beyond the control of the applicant.

The height of the proposed installation does not exceed the maximum height restrictions imposed upon principal uses within the district.

Storage containers shall not be allowed in any residential district except under the following conditions:

[Added 8-5-2008 by L.L. No. 9-2008]

Storage containers shall be allowed in a residential district by permit obtained from the Town of Van Buren Code Enforcement Office for a period not to exceed 30 days for residents who are moving, or when such containers are needed in relation to construction activities occurring on the property on which they are being kept for which an approved building permit has been issued.

Any storage containers allowed in a residential district by permit shall be removed when the work for which such containers were needed is complete.

The storage of recreational vehicles, including but not limited to campers, RVs, boats, water craft, snowmobiles and trailers, in excess of 12 feet (3.66 meters) in length, may be stored on the vehicle owner's property in a residential district, provided that:

[Added 8-5-2008 by L.L. No. 9-2008]

The recreational vehicle is stored on the driveway or, alternatively, the recreational vehicle is stored alongside the principal structure and behind the front building line.

No such vehicles shall be used as living quarters, nor shall they be hooked up to any utilities, water or sewer.

The recreational vehicle does not obstruct a public right-of-way or otherwise prevent access to the property by the Fire Department or other emergency services.

This subsection does not apply to the storage of recreational vehicles in zoning districts R-40 and AR-80.

No trailers, container trailers, car haulers, flatbed trailers, low-boy trailers (in excess of 12,000 pounds carrying capacity) are allowed to be parked or stored in the following residential districts: R-10, R-15, R-20, R-40 or in residential portions of a PUD.

[Added 4-5-2016 by L.L. No. 3-2016]

§ 200-25 Nonresidential accessory uses.

The following definitions and regulations apply to nonresidential accessory uses:

Ground-mounted satellite dish antennas, more than one meter in diameter accessory to a use permitted in a nonresidential district, are permitted subject to compliance with all appropriate district regulations.

Roof-mounted satellite dish antennas, more than one meter in diameter accessory to a use permitted in a nonresidential district, are permitted subject to compliance with all appropriate district regulations.

A mobile home, travel trailer, truck trailer, and/or other structure used as an office in conjunction with a construction project are permitted temporary accessory uses upon issuance of a permit by the Code Enforcement Officer. Permits shall be issued for six months, but may be renewed for an active construction project. Terms and conditions shall include the specific use, hours of operation, duration, location, screening and noise abatement, as may be required to safeguard public health, safety and welfare, including aesthetic considerations.

Uses that are permitted under this chapter and are characterized by such temporary activities as the sale of agricultural products, contractors' offices and equipment sheds, fireworks, carnivals, flea markets, and garage sales may be conducted for a temporary fixed period of time.

Storage trailers and containers are permitted temporary accessory uses, provided the following requirements are met:

[Added 8-5-2008 by L.L. No. 9-2008]

The property has a legal use and a site plan has been approved by the Town of Van Buren Planning Board.

A permit is obtained from the Town of Van Buren Code Enforcement Office. Permits shall be issued for an initial six-month period and may be extended for an additional three months, provided the applicant can demonstrate to the Code Enforcement Officer's satisfaction that such an extension is justified.

§ 200-26 General performance standards.

Purpose and intent. It is the purpose of this section to provide appropriate standards relating to the operation of certain activities throughout the Town of Van Buren. Such operations may create or maintain such excessive noise, vibration, air pollution, or odor as to be a deterrent to the public health, comfort, convenience, safety, and welfare. These standards are therefore provided to protect the public interest and promote public health and welfare. The following are prohibited:

All uses which cause sound pressure levels in excess of 60 decibels (ref: 0.0002 dynes per square centimeter), measured at the individual property line using the A-weighted scale of a standard sound level meter.

All uses that emit any odor that is considered offensive, measured at the individual property line.

All uses that emit dust or dirt, which is considered offensive, measured at the individual property line.

All uses that emit any smoke, in excess of Ringlemann Chart No. 2, measured at the individual property line.

All uses that emit any noxious gases which endanger the health, comfort, safety or welfare of any person, or which have a tendency to cause injury or damage to property, business or vegetation.

All uses that cause, as a result of normal operations, a vibration, which creates a displacement of 0.003 of one inch, measured at the individual property line.

All uses, lighting or signs that create glare, which could impair or distract the vision of a driver of any motor vehicle.

All uses that cause a fire, explosion or safety hazard.

All uses from which harmful wastes are discharged into the public sewer systems, streams, rivers, land, groundwater or bodies of water. Effluent disposal shall comply with local, state and federal health standards.

§ 200-27 Standards for particular special permit uses.

In addition to the general standards for all special use permit applications, the applicant shall establish, and the Zoning Board of Appeals shall determine, compliance with the following standards prior to the issuance of a special use permit for the following specific uses:

Light vehicle maintenance and service (includes fuel stations and car washes).

The lot shall have sufficient area and frontage for safe and efficient vehicular access, egress, internal circulation and servicing of vehicles without adversely affecting the flow of traffic on the abutting streets.

An entrance or exit driveway's edge shall be located at least 20 feet from any side or rear lot lines, and at least 100 feet from any intersecting street right-of-way line.

All fuel pumps and service areas shall be located at least 30 feet from any lot line.

All fuels, including fuel oil, gasoline or similar substances, if stored in underground tanks at least 35 feet from any lot line, and tanks shall be installed and maintained in accordance with the current standards of the National Board of Fire Underwriters and the New York State Uniform Fire Prevention and Building Code. Vents must be at least 25 feet from any lot line.

Any inactive flammable liquid/fuel storage tank below grade shall be removed within six months after the dispensing of fuel or the use of the tank has ceased, per NYSDEC (New York State Department of Environmental Conservation) regulations.

All repairs, painting, servicing or storage of parts, equipment and containers of solvents, lubricants, waste oil and similar materials used directly in the operation of the use (other than dispensing of fuel, oil, water and air to vehicles) shall be performed and contained within a structure.

Vehicles awaiting routine repair shall be stored on-site, but not in the front yard. At its option, the Zoning Board of Appeals may require that all vehicles awaiting repair shall be placed at the end of each workday within a principal or accessory structure for overnight storage.

On each lot line abutting a residential use, there shall be a landscaped buffer, 20 feet in width measured from the lot line, planted with a staggered double row of evergreen trees, installed at a height of four feet, on six-foot centers, and maintained to a height of at least six feet. The Planning Board may authorize opaque fencing to be substituted, or added, for landscaping planting upon finding that such screening would provide a more effective buffer for the residential use.

A landscaped area shall be maintained, exclusive of driveways, on all sides of the property having street frontage or abutting nonresidential uses. Treatment shall be of grass, ornamental stone or evergreens maintained below two feet in height and surrounded by curbing (wood, stone or concrete) four to six inches in height. The landscaped area shall be of sufficient width and length for snow storage needs and to separate the site's vehicular areas from those of abutting uses and streets.

Waste disposal and similar accessory service areas shall be adequately screened from view and maintained to avoid any discharge of hazardous materials to the surface drainage system.

Outdoor sales uses.

All sales activities and vehicle storage or display shall be maintained outside of required yard setbacks.

Accessory service and repair facilities shall be subject to the provisions of the motor vehicle service and repair standards set forth above.

Drive-in service.

Drive-in service is permitted only in association with a permitted principal indoor use allowed upon issuance of a special use permit (except motor vehicle service and repair).

The lot shall have sufficient area and frontage for safe and efficient vehicular access, egress, internal circulation and provision of services without adversely affecting the flow of traffic on the abutting streets.

Provision for the stacking of a minimum of five vehicles waiting for service shall be maintained on-site for each drive-in service window or unit.

On each lot line abutting a residential use, there shall be a landscaped buffer, 20 feet in width measured from the lot line, planted with a staggered double row of evergreen trees, installed at a height of four feet, on six-foot centers, and maintained to a height of at least six feet. The Planning Board may authorize opaque fencing to be substituted for landscaping planting upon finding that such screening would provide a more effective buffer for the residential use.

Digital signs.

[Added 4-5-2016 by L.L. No. 3-2016]

Copy change and prohibition of animation and sound.

Digital signs shall be permitted to have changeable copy messages and images subject to the restrictions set forth in this subsection.

No animation, however, shall be allowed on any digital sign.

All structures supporting digital signs shall be fixed in position; none shall rotate or otherwise change position.

(d)

No audio or sound producing devices shall be installed with any digital sign.

Duration of image/message.

The minimum hold time of any message or image shall be 15 minutes.

Each digital sign shall have a mechanism whereby the sign is shut down or the image remains static in case of malfunctioning.

Transition from one image/message to the next. The transition from one message or image to the next on a digital sign shall not be greater than one second.

Prohibition on flashing, scrolling, and other sudden and intense changes. No digital sign shall exhibit messages or images that flash with rapid changes of light or color, have scrolling features, such as moving text, have rippling effects, or project other sudden and intense changes. The transition from image to image shall be smooth and nondistracting.

Brightness and background ambient light.

In concert with recommendations of the Federal Highway Administration, the brightness of light-emitting sign faces shall be adjusted in response to changes in light levels so that the signs are not unreasonably bright, for the safety of the motoring public. Control of brightness shall also be required so that the signs are not obtrusive with respect to their surroundings.

No light emitting sign face of a digital sign at any time during daylight hours shall exceed a maximum brightness of 7,500 nits (one nit being equal to one cd/m2) as measured from the brightest part of the sign face.

At no time from dusk to dawn shall maximum brightness as measured from the brightest part of the sign face exceed 500 nITs.

(d)

If during the review of any application for a digital sign, reasonable information is presented to show that sign copy would be effectively legible with lower maximum brightness outputs, then correspondingly lower limits may be applied to the sign under review. Specific positioning and backdrop factors may be considered in the lowering of the maximum brightness allowances.

(e)

Further, within two months of the installation of any digital sign, the maximum brightness limits may be lowered for individual sign faces if on-site inspection by duly authorized Town Code officials shows the operating brightness levels to be excessive for effective legibility of sign copy. In such cases, the respective administrative permits shall be adjusted through action of the Code Enforcement Office.

(f)

In making determinations with respect to illumination and brightness, the Code Enforcement Officer and/or the Town's Joint Zoning Board of Appeals/Planning Board shall have the authority to retain the services of appropriate consultants and charge the cost thereof to the applicant or owner of the digital sign.

Photoelectric sensors.

In order to control the brightness of messages and images on digital signs, all installations shall be equipped with photocell light detectors which measure the ambient light conditions and relay that information to appropriate control devices regulating the brightness of the sign faces.

Under darkened ambient light conditions, the light detector shall correspondingly trigger the projected brightness of the sign faces to dim to a level no more than necessary to allow effective legibility of sign copy.

The Town, through its Code Enforcement Officer shall have the authority to have the light sensors inspected where questions of malfunctions arise.

Image and brightness change logs. In approving any light-emitting digital sign, the Joint Town Zoning and Planning Board may consider having the sign operators maintain logs of the changes in ambient light and the corresponding responses in the projected brightness of the sign faces. Such logs must be made available to the Town with respect to questions of malfunctions and irregularities. The length of time the logs shall be maintained will be no longer than three months after the commissioning for full operation.

§ 200-28 Storage of flammable liquids.

Storage of any highly flammable liquid in aboveground tanks with unit capacity greater than 550 gallons shall be prohibited in all districts, unless such tanks up to and including 10,000 gallons' capacity are placed not less than 80 feet from all property lines, and unless all such tanks of more than 10,000 gallons' capacity are placed not less than 200 feet from all property lines.

All tanks having a capacity greater than 550 gallons shall be properly contained with dikes having a capacity not less than 1 1/2 times the capacity of the tank or tanks surrounded.

§ 200-29 Septic systems and cesspools.

Where, in the opinion of the Planning Board, a public sanitary sewer main is not reasonably accessible, other proper provisions shall be made for the disposal of sanitary waste. No cesspools shall be permitted. Individual septic systems may be permitted, provided that all installations shall conform to the requirements of the Onondaga County Department of Health.

§ 200-30 Landfill.

[Amended 8-5-2008 by L.L. No. 9-2008]

In any district, the dumping of refuse and waste material for landfill is prohibited. Loam, rock, stone, gravel, sand, cinders and soil may be used to fill land to grade. After approval by the Planning Board and upon issuance of a special use permit by the Zoning Board of Appeals, loam, soil, rock, stone, gravel, sand and cinders may be used to fill land to grades approved by the Code Enforcement Officer and Town Engineer. Tree stumps, brush and vegetation may not be used to fill land to grade.

§ 200-31 Extraction of soil, sand, gravel and stone.

To the extent the Mined Land Reclamation Act, New York Environmental Conservation Law § 23-2701 et seq., does not otherwise apply, in any district, the removal of soil, sand, gravel, clay or quarried stone, except when incidental to or connected with the construction of a building on the same premises, shall be permitted only upon approval by the Planning Board and after issuance of a one-year special use permit by the Zoning Board of Appeals. In all districts, the following provisions shall apply:

No excavation, blasting or stockpiling of materials shall be performed within 200 feet of any public road or other property line.

No power-activated sorting machinery or equipment shall be located within 600 feet of any public road or other property line, and all such machinery shall be equipped with satisfactory dust-elimination devices.

All excavation slopes in excess of one-to-one shall be adequately fenced as determined by the Code Enforcement Officer.

Expansion of an existing nonconforming operation shall not be permitted.

Stripping of topsoil for sale or for use on other premises, except as may be incidental to a construction project and confined to the construction area, shall be prohibited in all districts.

Prior to the final approval of any new or extension to a sand, gravel, clay, soil or stone quarrying operation and prior to the commencement of any excavation or removal, the applicant or operator shall do the following:

Submit a plan of the proposed improvements to be made to ensure that, upon completion of the extraction operations, the abandoned excavation will be left in a safe, attractive and useful condition in the interest of public safety and welfare.

Provide either a performance bond or a cash security deposit, whichever, in the determination of the Zoning Board of Appeals, will be satisfactory for the particular plan or operation. Said performance bond or security deposit shall be in a sufficient amount, as determined by the Zoning Board of Appeals, to accomplish the purposes as specified in Subsection F(1) above and shall be a reasonable figure based on all the facts of the proposed particular plan submitted.

§ 200-32 Telecommunications towers.

Purpose. The purpose of these supplemental regulations is to promote the health, safety and general welfare of the residents of the Town, to provide standards for the safe provision of telecommunications consistent with applicable federal and state regulations, and to protect the natural features and aesthetic character of the Town of Van Buren. These regulations are not intended to prohibit or have the effect of prohibiting the provision of personal wireless services, nor shall they be used to discriminate among providers of functionally equivalent services consistent with current federal regulations.

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

ACCESSORY FACILITY

An accessory facility serves the principal use, is subordinate in area, extent and purpose to the principal use, and is located on the same lot as the principal use. Examples of such facilities include transmission equipment and storage sheds.

ANTENNAS

A system of electrical conductors that transmit or receive radio frequency waves. Such waves shall include but not be limited to radio navigation, radio, television, wireless and microwave communications. The frequency of these waves generally ranges from 10 hertz to 300,000 megahertz.

TELECOMMUNICATIONS TOWER

A structure on which transmitting and/or receiving antenna(s) are located.

Application of special use regulations.

No telecommunications tower shall hereafter be used, erected, moved, reconstructed, changed or altered except after approval of a special use permit and in conformity with these regulations. No existing structure shall be modified to serve as a transmission tower unless in conformity with these regulations.

The applicant shall demonstrate with a reasonable degree of certainty that the proposed location and height for the telecommunications tower is necessary to meet the frequency re-use and spacing needs of the system, and to provide adequate coverage in the Town.

Exceptions to these regulations are limited to:

New uses which are accessory to residential uses; and

Lawful or approved uses existing prior to the effective date of these regulations.

Where these regulations conflict with other laws and regulations of the Town of Van Buren, the more restrictive shall apply, except for tower height restrictions, which are governed by the following special use permit standards.

Special use permit standards.

Site plan.

An applicant shall be required to submit a site plan showing all existing and proposed structures and improvements, including roads, and shall include grading plans for new facilities and roads. The site plan shall also include documentation on the proposed intent and capacity of use, as well as a justification for the height of any tower or antennas, and justification for any land or vegetation clearing required.

Additionally, the Planning Board shall require that the site plan include a completed SEQR visual environmental assessment form (Visual EAF) and a landscaping plan addressing other standards listed within this section, with particular attention to visibility from key viewpoints within and outside of the municipality as identified in the visual EAF. The Planning Board may require submission of a more detailed visual analysis based on the results of the visual EAF.

Shared use.

At all times, shared use of existing towers shall be preferred to the construction of new towers. Additionally, where such shared use is unavailable, location of antennas on preexisting structures shall be considered. An applicant shall be required to present an adequate report inventorying existing towers within a reasonable distance of the proposed site and outlining opportunities for shared use of existing facilities and use of other preexisting structures as an alternative to a new construction.

An applicant intending to share use of an existing tower shall be required to document intent from an existing tower owner to share use. The applicant shall pay all reasonable fees and costs of adapting an existing tower or structure to a new-shared use. Those costs include but are not limited to structural reinforcement, preventing transmission or receiver interference, additional site screening, and other changes, including real property acquisition or lease required to accommodate shared use.

In the case of new towers, the applicant shall be required to submit a report demonstrating good-faith efforts to secure shared use from existing towers as well as documenting capacity for future shared use of the proposed tower. Written requests and responses for shared use shall be provided.

Setbacks. Towers and antennas shall be erected only to such height as is necessary to accomplish the purpose they are to serve. Front, rear, and side setback requirements shall be the height of the tower plus 10%, or the front, side, and rear yards required by the district increased an additional foot, whichever is greater. Additional setbacks may be required by the Planning Board to contain on-site ice fall or debris from tower failure and/or to preserve privacy of adjoining residential and public property. Setbacks shall apply to all tower parts, including guy wire anchors, and any accessory facilities.

Visibility.

All towers and accessory facilities shall be sited to have the least adverse visual effect on the environment.

Towers shall not be artificially lighted except to assure human safety as required by the Federal Aviation Administration (FAA). Towers shall be a galvanized finish or painted gray above the surrounding tree line and painted gray, green, black or similar colors designed to blend into the natural surroundings below the surrounding tree line unless other standards are required by the FAA. In all cases, structures offering slender silhouettes (i.e., monopoles or guyed towers) shall be preferable to freestanding structures except where such freestanding structures offer capacity for future shared use. Towers should be designed and sited so as to avoid, whenever possible, application of FAA lighting and painting requirements.

Accessory facilities shall maximize use of building materials, colors and textures designed to blend with the natural surroundings.

Existing vegetation. Existing on-site vegetation shall be preserved to the maximum extent possible, and no cutting of trees exceeding four inches in diameter (measured at a height of four feet off the ground) shall take place prior to approval of the special use permit. Clear cutting of trees in a single contiguous area exceeding 20,000 square feet shall be prohibited.

Screening. Deciduous or evergreen tree plantings may be required to screen portions of the tower from nearby residential property as well as from public sites known to include important views or vistas. Where the site abuts residential or public property, including streets, the following vegetative screening shall be required: For all towers, at least one row of native evergreen shrubs or trees capable of forming a continuous hedge at least 10 feet in height within two years of planting shall be provided to effectively screen the tower base and accessory facilities. In the case of poor soil conditions, planting may be required on soil berms to assure plant survival. Plant height in these cases shall include the height of any berm.

Access and parking. An access road and parking shall be provided to assure adequate emergency and service access. Maximum use of existing roads, public or private, shall be made. Road construction shall be consistent with standards for private roads and shall at all times minimize ground disturbance and vegetation cutting to within the toe of fill, the top of cuts, or no more than 10 feet beyond the edge of any pavement. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion potential. Public road standards may be waived by the Town in meeting the objectives of this subsection.

Signs. Signs shall not be permitted on towers, antennas, or related accessory facilities, except for signs displaying owner contact information and/or safety instructions. There shall be a maximum of two such signs, which shall not exceed five square feet in area per sign.

Utility connections to towers and accessory facilities shall be underground.

Towers and related facilities shall be maintained in good working condition and repair. Towers shall be inspected every five years by a professional engineer, licensed in the State of New York, for structural integrity and continued compliance with these regulations. A copy of the inspection report, including findings and conclusions, shall be submitted to the Town's Code Enforcement Officer no later than December 31 of the year in which it is due.

[Amended 5-6-2014 by L.L. No. 4-2014]

Authority to impose conditions.

The authorized board(s) shall have the authority to impose such reasonable conditions and restrictions upon the special use permit and/or site plan approval as may be directly related to the achievement of the purposes envisioned by this chapter with respect to the proposed telecommunications tower.