Junkyards are conditionally permitted use in the Hamlet/Mixed Use and Agricultural/Rural Residential Districts. Junkyards may be permitted, provided that suitable fencing or screening is constructed to shield the area from the view of any public road in accordance with §
100-15, Fencing, and §
100-16, Screening, of Chapter
100, Junk and Junkyards. No junkyard will be operated within 200 feet of the right-of-way of any public road.
Gravel pits are conditionally permitted use in the Agricultural/Rural
Residential District with the following conditions:
A. Suitable fencing is provided to keep out the public.
B. Suitable screening is provided to shield the operation from view
from any public road.
C. Guarantees are provided that the area will be returned to a usable
slope at the conclusion of the gravel pit operation.
Automotive repair facility is a conditionally permitted use
in the Agricultural/Rural Residential District as follows:
A. The applicant shall be the owner of the property and a full-time resident of the property. An application for a conditional use permit shall be accompanied by a fee as set forth in the Schedule of Fees (see Chapter
82, Fees) or such other amount as may be set from time to time by resolution of the Town Board. The permit may be issued only after a public hearing and upon the determination that the proposed use is in compliance with conditions and limitations set forth in this section and this chapter. A permit shall be valid for a period not to exceed three years and may be revoked at any time by the Code Enforcement Officer or designee upon noncompliance with the conditions set forth in this section or in the permit itself. A renewal permit may be issued with payment of the conditional use permit for a period not to exceed three years.
B. Existing
auto repair facilities in the A/RR Zoning District shall apply for
a conditional use permit, conform with the conditions set forth in
this section, and pay the required fee within six months of the enactment
of this section.
C. Automotive
repair facilities shall only be permitted as an accessory and clearly
subordinate to an existing property owner's residence.
D. Site plan
review by the Planning Board shall be mandatory so as to show location,
size, and types of all structures and accessory buildings, and distance
between all structures.
E. Structure
to be used for repair facility shall be fully enclosed.
F. Repair facility structure shall be located a minimum of 50 feet from
front and 25 feet from adjacent side and rear property lines.
G. Repair structure must be screened by evergreen shrubbery or coniferous
trees with a minimum height of five feet, or be surrounded by a wall,
barrier or fence of minimum six feet high whose face is not more than
50% open.
H. No portion of the repair structure or any part of its appurtenances
or accessory uses shall be located within 500 feet of any stream.
I. Entire area of the site traveled by motor vehicles shall be hard-surfaced
(i.e., asphalt, crushed stone, concrete, or other dust-free surface).
J. No motor vehicle parts or partially dismantled motor vehicle parts
or partially dismantled motor vehicles shall be stored outside of
an enclosed structure or screened area.
K. Up to four motor vehicles may be temporarily stored outside, for
not more than two months, if adequate off-street parking spaces are
available.
L. The only vehicles which may be stored outside in connection with
an auto repair business are:
(1) Customer vehicles awaiting service with a work order or other written
proof to show vehicle is actually awaiting service.
(2) Employees personal vehicles used to travel to and from work.
(3) A vehicle used in connection with the auto repair operation, such
as a tow or wrecker vehicle.
M. Vehicles which may not be stored outside are:
(1) Inoperable vehicles which are not awaiting service.
(2) Inoperable vehicles which are being scrapped out or used for replacement
parts for another vehicle being repaired.
(3) Operable vehicles not awaiting service and not used in connection
with the business.
(4) Cars licensed and registered by the owners of the residence are permitted.
N. No fuel tanks or fuel pumps are to be installed in conjunction with
the repair business. Retail sale of fuel shall not be permitted.
O. The business of selling and dealing in secondhand and used cars will
not be allowed except for the property owner's personal vehicle(s).
P. Compliance with Chapter
105, Noise, of the Code of the Town of Conesus shall apply at all times.
Q. Owner must have all appropriate New York State permits and registrations.
R. Owner must be in compliance with all New York State regulations for
storage and disposal.
S. Annual inspections will be performed, unannounced, of the conditions
of the conditional use by the Code Enforcement Officer. The fee for
the annual operating inspection will be based upon the current fee
schedule at the time of the inspection.
T. Penalties for offenses. Any person who violates any provision of this section, the permit or any regulations adopted hereunder shall be guilty of an offense punishable as provided in §
155-20, Penalties for offenses, or imprisonment for a period not to exceed six months, and/or revocation of the conditional use permit.
Public utilities are permitted in all districts.
Bed-and-breakfast establishments and bed-and-breakfast inns
shall be permitted as an accessory use to a residential home in all
districts, subject to the issuance of a conditional use permit by
the Board of Appeals upon the recommendations by the Town Planning
Board and the following conditions and limitations:
A. An application for a conditional use permit shall be accompanied
by a fee as set forth in the Schedule of Fees or such other amount
as may be set from time to time by resolution of the Town Board. The permit may be issued only after a public hearing and
upon the determination that the proposed use is in compliance with
conditions and limitations set forth in this section and this chapter.
A permit shall be valid for a period not to exceed two years and may
be revoked at any time by the Code Enforcement Officer or designee
upon noncompliance with the conditions set forth in this section or
in the permit itself. A renewal permit may be issued with payment
of fee for a period not to exceed two years.
B. Existing bed-and-breakfast establishments and inns shall apply for
a conditional use permit, conform with the conditions set forth in
this section, and pay the required fee within six months of the enactment
of this section.
C. The applicant for a conditional use permit shall submit to the Town
Planning Board statements from the Fire Marshal on the adequacy of
the premises for the purposes of safety, fire protection, and structural
soundness. Such statements shall include recommendations, if any,
for improvements or changes deemed advisable, which will be considered
by the Board in determining the merits of the applications. Each sleeping
unit must have a smoke alarm system, and each sleeping unit shall
have two fire exits.
D. The applicant for a conditional use permit shall submit to the Town
Planning Board such plans of the structure and layout of the residence
as the Town deems necessary to assure that the bed-and-breakfast complies
with this section.
E. The applicant shall be the owner of the premises and a full-time
resident of the premises.
F. There shall be no change in the outside appearance of the building
or premises or other visible evidence of the conduct of a bed-and-breakfast
establishment other than one sign, not exceeding six square feet in
area, nonilluminated, and mounted on the property.
G. Water supply, wastewater disposal and other sanitary facilities shall
be approved by the Health Department.
H. It will be serviced adequately by essential public facilities, such
as highways, streets, police and fire protection, refuse disposal,
water, and septic services, or the persons or agencies responsible
for the establishment shall be able to provide adequately any such
services.
I. It will be harmonious and in accordance with the general and specific
objectives of the Conesus Master Plan.
J. A minimum of one off-street parking space for each sleeping unit
offered shall be provided. Parking areas having exits on any main
road shall be designed in such a way that vehicles enter the public
right-of-way in a forward motion