A.
The purpose of this article is to place requirements on specific
uses that have a greater potential to adversely impact surrounding
properties, but which nonetheless may be made desirable and compatible
through proper control and regulation. These requirements are intended
to promote not only the general health, safety, and welfare of the
public but also the character of the immediate neighborhood and larger
community.
B.
The following requirements are applicable to the uses, permitted and specially permitted, listed in Part 2 of this chapter and contained within this article.
C.
Uses allowable by special permit must obtain Planning Board approval via the special use permit process (Article 53) prior to operation.
D.
Permitted uses by right do not require Planning Board approval, provided
they meet all applicable requirements set forth in this chapter.
Accessory structures and uses are permitted in any zoning district in connection with any principal use lawfully existing within such district. No accessory use or structure shall be established or constructed until the primary use or structure is constructed. Accessory structures shall comply with the setback requirements as stated in the district tables of Part 2 of this chapter. Accessory uses and structures deemed to be similar in nature to this section and appropriate by the Code Enforcement Officer may also be allowed in the Town.
A.
Permitted residential accessory uses and structures.
(1)
Detached accessory uses and structures, except for driveways,
accessory to a residential use are permitted, provided they do not
cause the extent of lot coverage to exceed that of the permitted lot
coverage for the associated principal use. Such detached accessory
uses and structures may include, but are not limited to:
(a)
Decks, patios, and terraces.
(b)
Detached residential garage or carport.
(c)
Child's playground or playhouse.
(d)
Nurseries, home gardens, or greenhouses.
(e)
Fallout shelters, provided that they shall not be used for any
principal or accessory use not permitted in the zoning district.
(f)
Fire escapes.
(g)
Freestanding radio antennas or dish antennas limited to one
meter or less in diameter.
(h)
Private swimming pool, provided the edge of said pool is not
located closer than 10 feet to any property line and does not occupy
more than 10% of the lot area.
(i)
Farm pond, provided that the edge of said pond is not located
closer than 70 feet to any property line and 50% of the pond is sloped
so that a person or animal can easily get out.
(j)
Solar energy systems or green infrastructure techniques, such
as rain barrels, rain gardens, or bioswales, when located in the side
or rear yard.
(k)
Enclosed storage structure.
(2)
Attached residential garages, carports, decks and terraces located
in the side or rear yard.
(4)
Handicapped access ramps, installed permanently, provided they
do not obstruct access to required parking.
(5)
Home occupations subject to the additional requirements specified in § 106-30.12 of this article.
(6)
Electric vehicle charging stations when located in the side
or rear yard.
B.
Permitted nonresidential accessory uses and structures. Accessory
uses and structures permitted by right include:
(1)
Commercial vending machines in any commercial district, but
not within the required setbacks, and, if located within 150 feet
of a residential district, the machine shall be screened from the
residential district.
(2)
Decks, patios, and terraces when associated with a legal outdoor
seating or assembly area.
(3)
Detached garage, but only in the rear yard or side yard if behind
front building line.
(4)
Dish antennas seven feet or less in diameter located in the
rear yard in any commercial district.
(6)
Freestanding radio antennas located in the rear yard.
(7)
Parking lots and parking areas, including electrical vehicle charging stations, subject to the provisions of Article 41 (Off-street parking and loading requirements).
(8)
Solar energy systems located in the rear yard.
(9)
Green infrastructure techniques, such as rain barrels, rain
gardens, or bioswales.
(10)
Temporary outdoor display of retail merchandise subject to the requirements for outdoor displays set forth in § 106-30.18 of this article.
(11)
Walkup service windows facing any public right-of-way when accessory
to a permitted retail sales and service use.
(12)
Handicapped access ramps, installed permanently, when located
in the side or rear yard and do not obstruct access to required parking.
(13)
Vehicular wheelchair lifts when located so as not to block windows,
force the enclosure of an open front porch, or obstruct access to
required parking.
C.
Prohibited accessory uses and structures. Accessory uses and structures
prohibited include:
(1)
Outdoor placement of commercial vending machines anywhere on
a site in a residential district.
(2)
No more than one unregistered, unlicensed vehicle of any kind
or type without current license plates shall be parked or stored on
any residentially zoned property. Said vehicle may not be in a state
of disrepair.
A.
All adult-care facilities shall be maintained and operated according
to the regulations set forth by the NYS Department of Health, and
shall not be permitted within the Town without obtaining proper licensing
from the state.
A.
Purpose. The purpose of this section is to promote the health, safety,
and general welfare of the residents of the Town of Geneseo to provide
standards for the safe provision of adult businesses; and to minimize
any potential adverse effects which may result from adult businesses
by requiring careful restrictions and siting of such businesses by
the use of special use permits.
B.
Special use permit required. No adult use and entertainment establishment
shall be established until it has been issued a special use permit.
Special use permits issued for adult use and entertainment establishments
shall be effective for a period of one year from the date of issuance.
Prior to the expiration of a special use permit, the owner or operator
may apply to the Planning Board for a renewal thereof. Upon an application
for said renewal, the Planning Board may waive any of the requirements
of application materials upon a showing that there has been no change
in circumstances in any of the items represented in the original application.
All renewal periods shall be for a period of two years.
C.
Site plan review. No special use permits shall be issued unless and until the proposed adult use and entertainment establishment has obtained full site plan review approval by the Town of Geneseo Planning Board pursuant to Article 52 of this chapter.
(1)
Applications to be considered by the Town Planning Board shall be made, in writing, to the Town Office as required by Article 50 of this chapter. In addition, the applicant shall also provide a full instrument survey map prepared by a licensed engineer or land surveyor that contains at a minimum the following information:
(a)
Boundary line survey of the property in question;
(b)
The portion of the parcel proposed to be developed for the adult
use and entertainment establishment;
(d)
The location of all existing or proposed buildings, site access,
off-street parking, signage, lighting, landscaping, drainages, and
other features as may be required for the applicant to obtain site
plan approval from the Planning Board; and
(e)
A completed environmental assessment form.
D.
Location. An adult use and entertainment establishment shall be allowed
to operate in the Town of Geneseo only within the Light Industrial
(LI) District and subject to the following placement criteria:
(1)
No adult use and entertainment establishment shall be permitted
in a building or any part of which is used for residential purposes,
including nonconforming residential uses.
(2)
No more than one adult use and entertainment establishment shall
be permitted in any building or on any lot.
(3)
No building in which an adult use and entertainment establishment
is operated shall be within 1,000 linear feet of the boundary of any
residential zoning district, or within 1,000 linear feet of the property
line of a parcel containing any of the following:
(a)
Residential structure or use;
(b)
Group care facility or day-care center;
(c)
Church, synagogue or regular place of worship;
(d)
Public or private school;
(e)
School bus stop;
(f)
Public or semipublic building;
(g)
Public park or playground,
(h)
Community center; or
(i)
Another adult use and entertainment establishment.
(4)
The above distance of separation shall be measured from the
nearest exterior wall of the portion of the structure containing the
adult use and entertainment establishment, measured in a straight
line, without regard to intervening structures or objects.
(5)
Once an adult use and entertainment establishment has been established in a location, and it lawfully remains in continuous operation at that location, the subsequent placement of any use or business set forth in Subsection D(3) above within the distances set forth shall not operate to impair, restrict or terminate the adult use and entertainment establishment special use permit or any renewals thereof.
E.
Display prohibited. All adult use and entertainment establishments
shall be conducted within enclosed buildings. No specific anatomical
area or any specified sexual activity, nor any display, decoration,
sign or similar depiction of specified sexual activities or specified
anatomical areas, shall be visible from the outside of any building
containing an adult use and entertainment establishment.
G.
Compliance with other state, federal, and local laws.
(1)
The issuance of a special permit and the applicant's entitlement
thereto shall be specifically conditioned upon the applicant's continued
compliance with all federal, state, and local laws, regulations, and
ordinances, including:
(a)
New York State Penal Law;
(b)
New York State Alcoholic Beverage Control Law;
(c)
Any federal, state, and local laws, ordinances, or regulations
pertaining to building safety and fire safety;
(d)
New York State Public Health Law; and
(e)
Any other federal, state, or local codes which have not hereinbefore
been specifically enumerated.
(2)
In the event that the applicant has been found to be in violation
of any of the aforesaid provisions of law or any other law, ordinance,
or regulation of the Town of Geneseo or any of the conditions set
forth in this subsection, any special use permit issued hereunder
shall be revoked and permanently terminated after a public hearing.
H.
Additional regulations.
(1)
The exterior of any adult use and entertainment establishment
shall be consistent with the character of surrounding structures and
shall not detract from the appearance of the neighborhood.
(2)
The Code Enforcement Officer and Fire Department officials of
the Town of Geneseo, as well as any other enforcement officials, shall
have the right to inspect the premises of adult use and entertainment
establishments for the purpose of ensuring compliance with any section
of this chapter or any other applicable law, rule or regulation at
any time said business is open for business, or at such other times
as may be reasonable.
Automotive sales establishments, including the sale of both
new and used vehicles, shall comply with the following regulations:
A.
Operation and site requirements.
(2)
The Planning Board may require as a condition of the special
use permit that the sales area be paved, suitably graded and drained,
and maintained in a neat and orderly manner.
(3)
Unless an automotive sales establishment has acquired a special use permit for repair or service facilities pursuant to § 106-30.6, no repairs, other than minor repairs, shall be performed on the premises. All maintenance, service, and repairs of motor vehicles shall be performed within an enclosed structure.
(4)
No motor vehicle parts or partially dismantled motor vehicles
shall be stored outside of an enclosed structure or screened area.
(5)
No vehicles shall be displayed for sale within 10 feet of any
property line that abuts a nonresidential district.
(6)
No vehicles shall be displayed for sale within 30 feet of any
property line that abuts a residential district.
(7)
The retail sales of fuel shall not be permitted.
B.
Number of vehicles. The number of vehicles that may be for sale on
the premises must be specified on the special use permit. An increase
in the number of vehicles to be stored and/or sold on the premises
shall require the issuance of a new permit.
C.
Landscaping, screening, and buffering. All landscaping, screening, and buffering shall be in conformance with the requirements set forth in Article 42, as well as the following additional provisions:
(1)
Sufficient screening shall be provided along all lot lines abutting
or adjacent to residentially zoned or developed property to block
any view of operations from all points on such residential property
when viewed from ground level.
(2)
Perimeter landscaping shall be at a minimum of 10 feet in width
along the street frontage(s).
Automotive service stations, motor vehicle repair shops, and
gasoline stations or service stations shall comply with the following:
A.
Repair shops and service stations. Motor vehicle repair shops and
service stations shall comply with the following regulations:
(1)
Site plan review is required for all repair shops and service stations as outlined in Article 52.
(2)
The maximum number of vehicles permitted on site for repair
and storage is to be approved by the Planning Board.
(3)
The Planning Board may require as a condition of the special
use permit that the entire site area traveled by motor vehicles be
paved, suitably graded and drained, and maintained in a neat and orderly
manner.
(4)
All maintenance, service, and repairs of motor vehicles shall
be performed fully within an enclosed structure.
(5)
Motor vehicle repair garages shall not have more than three vehicles located on the lot for sale, rental, display, or storage. Automotive service stations, repair shops, or gasoline stations wishing to provide automobile sales shall require a special use permit for said sales operation and shall be in conformance with the requirements set forth in § 106-30.5.
(6)
No outdoor storage of materials, merchandise and equipment shall
be permitted during non-business hours.
(7)
Rubbish, oil cans, tires, discarded motor vehicle parts and
components, and other waste materials may be temporarily stored in
a completely fenced in opaque enclosure adjacent to the service facility
building in the rear or side yard. The area of such enclosure shall
not exceed 400 square feet. There shall be no storage at any time
outside of such enclosure.
(8)
The premises are to be maintained in a neat and clean condition
without the accumulation of used materials, automobile parts, dismantled
vehicles or vehicles left by their owners over 30 days.
(9)
During the hours of operation all vehicles of employees, customers,
and tow trucks must be parked only in areas designated on the site
plan for such vehicles.
(10)
There is to be no more than one tank truck on the premises at
any one time. While making any deliveries to underground tanks, the
driver shall remain at the point of delivery to prevent spillage and
overflow. In case of any overflow or spill, fire authorities are to
be notified immediately.
(11)
A spill prevention plan shall be provided as part of the site
plan review process and all used rags shall be kept in covered metal
containers.
B.
Gasoline stations. Gasoline stations shall comply with the following
regulations:
(1)
In addition to the information required for site plan review,
the plan shall also indicate the location, number, capacity, and type
of fuel storage tanks, the number of pumps to be installed, and the
depth to the tanks.
(2)
The entire site area that is traveled by motor vehicles shall
be hard surfaced (i.e., asphalt, concrete, or any other surface that
does not release dust or debris).
(3)
No outdoor storage of materials, merchandise and equipment shall
be permitted during non-business hours.
(4)
Gas stations may include retail sales of food, convenience items,
and minor automotive supplies or liquids provided that the sales of
such items are within an enclosed structure and are an accessory use.
(5)
Gasoline stations shall be under the control of an attendant
at all times during the hours of operation.
(6)
Fuel pumps shall be located no closer than 20 feet from the
public right-of-way or 50 feet from any other property lines.
(7)
Fuel and flammable liquid storage tanks shall be installed and
maintained in accordance with all state and federal standards as well
as the following:
(8)
All accidental spillage or leakage of a flammable liquid in
quantities of two gallons or greater, whether or not it may enter
sewers, shall be immediately reported to the appropriate authorities,
including but not limited to the New York State Department of Environmental
Conservation.
(9)
Five fifty-pound bags of petroleum absorbent materials, or equivalent,
must be kept on the premises at all times for flammable liquid spills
and should be used for this purpose. Spills shall not be flushed with
water.
(10)
The telephone number of the owner, lessee, or station operator
shall be posted on the door in a conspicuous location so that proper
notification can be made in the event of an emergency.
C.
Compliance with federal, state, and local law. All service stations,
gasoline stations, or motor vehicle repair shops shall be in compliance
with all applicable federal, state, and local laws, ordinances, or
regulations, including but not limited to the New York State Uniform
Fire Prevention and Building Code and the Code of the Town of Geneseo.
In any case where this section may be in conflict with such federal,
state, or local laws, the regulations of this section shall not apply.
D.
Landscaping, screening, and buffering. All service stations, gasoline stations, or motor vehicle repair shops shall provide landscaping, screening, and buffering in conformance with the requirements set forth in Article 42, as well as the following:
(1)
Sufficient screening shall be provided along all lot lines abutting
or adjacent to residentially zoned or developed property to block
any view of operations from all points on such residential property
when viewed from ground level.
(2)
Any such use shall be buffered from adjacent uses by no less
than 10 feet. The buffer area shall minimally consist either of fencing,
evergreen shrubbery, coniferous trees, or any combination thereof
that prevents the unwanted transmission of headlight glare across
the property line.
(3)
Perimeter landscaping shall be at a minimum of 10 feet in width
along the street frontage(s).
In order to protect the residential character of the district
in which it is located, a bed-and-breakfast facility shall be limited
by the following criteria and any other conditions as determined by
the Planning Board:
A.
A bed-and-breakfast shall only be permitted as a special use in a single-family, detached dwelling and is subject to site plan review in accordance with Article 52.
B.
There shall be no structural or site alterations to the outside appearance
of the building or premises that detracts from the residential character
of the residence or from the residential character of the neighborhood.
C.
The bed-and-breakfast shall operate wholly within the principal building;
unless the Planning Board grants a special use permit to allow for
use of an accessory building on site.
D.
The owner or operator of the bed-and-breakfast shall live full-time
on the premises.
E.
Up to two nonresidents of the premises may be permitted as employees
of the bed-and-breakfast operation.
F.
A bed-and-breakfast shall have a maximum of five guest rooms and
no more than 10 adult guests at one time. For the purpose of this
section, "adult" means any person over 18 years of age.
G.
The maximum length of stay for any guest is 14 consecutive days.
Car washes shall be allowed by special permit, provided they
comply with the following regulations:
A.
All washing facilities shall be completed within an enclosed building.
B.
Vacuuming facilities may be outside of the building but shall not
interfere with the free flow of traffic on or off the site.
C.
The entire site area that is traveled by motor vehicles shall be
hard surfaced (i.e., asphalt, concrete, or any other surface that
does not release dust or debris).
D.
In no case shall the perimeter landscaping be less than 10 feet in
width along the street frontage(s). All lot lines abutting or adjacent
to residential districts or uses shall be screened by a solid masonry
wall or fence not less than four feet nor more than six feet in height.
E.
Where gasoline stations are a principal use with or an accessory
use to the car wash, the requirements for gasoline stations shall
also be adhered to.
F.
In the event a car wash is abandoned, as determined by the Code Enforcement
Officer, the owner shall immediately remove any outdoor vacuums and
all signs. The owner shall also provide adequate protection against
unlawful entry into the building and onto the property and shall restrict
access to all vehicular entrances to the property. A car wash shall
be considered abandoned if it is inactive for a period of 12 consecutive
months.
A.
All day-care facilities shall be maintained and operated according
to the regulations set forth by NYS Social Services Law or the NYS
Public Health Law, if applicable, and shall not be permitted within
the Town without completion of the proper licensing and registration
requirements of the state.
B.
No permanently installed play equipment shall be located in required
front yards.
C.
Day-care facilities may be conducted in a single-family home, provided
that such use complies with the following:
The intent of the following regulations is to minimize the potential
for visual, noise, and other associated negative impacts of drive-through
service areas on surrounding uses. Drive-through facilities may be
allowed as an accessory use to fast-food restaurants, pharmacies,
banks, and other permitted or specially permitted uses, provided such
facilities comply with the following:
A.
Drive-through facilities shall be provided in the side or rear of
the building. The Planning Board may provide relief from this provision,
provided there is substantial evidence that said drive-through cannot
be accommodated in the side or rear yard, in which case additional
screening and setbacks may be required by the Planning Board for approval.
B.
Drive-through facilities, including any protective canopies, signage,
drive-through travel lanes, or other associated elements, shall meet
the setback requirements for the property.
C.
Drive-through facilities with an amplified audio/visual system shall
be set back a minimum of 30 feet from the property line. These facilities
shall not be located adjacent to residential uses or districts.
D.
Stacking space for these facilities shall not impede on- or off-site
traffic movements. The stacking space shall be delineated from other
internal areas through the use of pavement markings that are identifiable
during all seasons. The minimum numbers of stacking or queuing spaces
required by drive-through activity type are provided in Table 30-1
below.
|
Table 30-1: Minimum Stacking Requirements
| ||
|---|---|---|
|
Activity Type
|
Spaces
|
Measured From
|
|
Automated teller machine
|
3
|
Teller or window
|
|
Bank teller lane
|
4
|
Teller or window
|
|
Car wash stall, automatic
|
9
|
Entrance
|
|
Car wash stall, self-service
|
3
|
Entrance
|
|
Gasoline pump island
|
2
|
Pump island
|
|
Pharmacy
|
4
|
Window
|
|
Restaurant drive-through
|
10
|
Pick-up window
|
|
Oil change and quick lube
|
3
|
Per bay
|
|
Other
|
Determined by Planning Board
| |
A farm stand may be permitted as a seasonal accessory use and
as such may sell agricultural and horticultural products produced
on the premises or produced by the owner of a local farm, subject
to the following regulations:
A.
Structures measuring 700 square feet or larger shall be subject to site plan review per Article 52. Said structure must also be inspected and approved by the Code Enforcement Officer.
B.
No more than one structure of a temporary and movable nature shall be permitted per lot, subject to the bulk and dimensional requirements of Part 2 of this chapter.
C.
A ground display area may be permitted, provided it is located immediately
adjacent and secondary to the farm stand and does not exceed 500 square
feet in area.
D.
The farm stand shall be permitted only during the recognized season
for the production or harvest of such products.
E.
Sales may occur between 7:00 a.m. and dusk.
F.
If adequate parking is not available on the street so as to not interfere
with the safety and flow of traffic, the owner must designate a temporary,
off-street parking area.
G.
Should any provision regulating farm stands within this chapter be
in conflict with the New York State Department of Agriculture and
Markets Law, the state's provisions shall take precedence.
A.
Permitted home occupations include, but shall not be limited to,
the following uses: lawyer, accountant, author, doctor, engineer,
dentist, architect, consultant, realtor, insurance agent/broker, counselor,
artist, teacher, tutor, beautician, barber, tailor, dressmaker, licensed
massage therapist, and repair person, excluding the repair of motor
vehicles.
B.
The home occupation shall operate wholly within the principal building,
unless the Planning Board grants a special use permit to allow the
home occupation to operate within an accessory building. Operation
of a home occupation shall be limited by the following criteria:
(1)
No more than 1/3 of the floor area of the residence will be
allowed for the use of the home occupation.
(2)
Not more than two persons not residing in the household shall
be employed in the home occupation.
(3)
There shall be no exterior display or storage of materials,
and no other exterior indication of the home occupation or variation
from the residential character of the principal building with the
exception of a permitted sign.
(4)
No offensive noise, vibration, smoke, dust, odors, heat, light,
or glare shall be produced.
(5)
The home occupation shall not involve wholesaling or the storage
of automobiles.
(6)
Deliveries on residential streets shall be permitted by two-axle
vehicles only.
A.
The kennel and its operation will not create nuisance conditions
for adjoining properties due to noise or odor in accordance with the
performance standards of this chapter and other local laws of the
Town.
B.
All animals will be confined to the property and housed in an enclosed
structure in humane conditions (i.e., protected from weather, clean,
sanitary, adequate space, non-porous surfaces, well-ventilated, etc.)
C.
Adequate methods for sanitation and sewage disposal, which may require
a waste disposal plan at the discretion of the Planning Board, are
required. The disposal plan, at a minimum, should outline the approximate
amount of sewage expected, methods to properly dispose of the sewage,
and methods for sanitation of the kennel. Certification by a licensed,
professional engineer, and/or the NYS Department of Health may be
required if existing disposal systems are utilized or new systems
installed.
D.
Kennels and exterior pens, including dog runs, shall be located at
least 400 feet from the nearest dwelling (other than the owner or
user of the property) and at least 400 feet from any lot line.
E.
All kennel operations must apply for and secure proper licensing
and registration as required by state and local law.
Proposed marinas within the Town shall be subject to Chapter 47 (Docking and Mooring) of the Town of Geneseo Code.
In addition to the requirements set forth in Chapter 75 of the Code of the Town of Geneseo, the construction, siting and installation of manufactured homes shall be regulated as follows:
B.
Single-wide manufactured homes.
(1)
Except as hereinafter provided, single-wide manufactured homes shall only be permitted in mobile home parks which have been approved pursuant to and comply with Chapter 75 of the Town of Geneseo Code.
(2)
Notwithstanding Subsection B(1), single-wide manufactured homes shall be permitted as single-family residences situated on lands engaged in farm operations as defined by § 301(ii) of the New York State Agriculture and Markets Law, provided that such residences are solely for the purpose of housing employees of the farm operation and their families and is in conformance with Subsection D below.
(3)
In no event shall single-wide manufactured homes be permitted
in any other locations or zoning districts within the Town.
C.
Double-wide manufactured homes.
D.
A special use permit may be granted by the Planning Board for a single
mobile home on a farm, provided the following conditions are met:
(1)
For the purposes of this section, a "farm" shall be defined
as a parcel of 15 or more acres used principally in the raising or
production of agricultural products, including livestock, and the
necessary or usual dwellings, farm structures, storage, and equipment.
(2)
One mobile home may be situated on a farm. Said mobile home
shall be occupied only by the owner, operator, or person employed
full-time on the farm and the immediate family of such person.
(4)
The mobile home shall be situated as nearly as possible to the
center of the farm's operations as practicable.
(5)
Any special use permit shall expire with the cessation of such
agricultural use for which it serves.
Newly constructed multifamily dwellings are subject to the following
requirements:
A.
Site plan review shall be required for all newly constructed multifamily dwellings in accordance with Article 52.
B.
A single dwelling structure may have up to 10 units and may not exceed
two stories in height, unless otherwise approved by the Planning Board.
The footprint of said dwelling structures may not exceed 6,000 square
feet of land area (excluding private and public street areas) per
dwelling unit.
C.
All dwelling structures shall be served with water and sewer facilities
meeting all applicable federal, state, and local health and sanitary
codes.
D.
Each multifamily dwelling development shall provide a passive or
active recreation area or areas furnished with recreational equipment
at a standard of 500 square feet per dwelling unit.
E.
Off-street parking facilities shall be provided in accordance with Article 41 of this chapter. Said facilities may be located in any yard other than the front yard, but no closer than 20 feet from any property line and shall comply with all other regulations of the district in which the use is located.
F.
The minimum distance between buildings in a multifamily development
shall be 25 feet.
G.
Buildings shall not have large or long continuous wall or roof planes.
Varied roof heights, projecting bays, gables, recesses, and porches
shall be used to visually divide larger buildings. To prevent an out-of-scale,
monolithic appearance, larger buildings shall be visually divided
into smaller sections no longer than 50 feet in length by gaps, recesses,
or other architectural devices.
H.
Garage entrance/exit doors are prohibited on the front facade of
buildings unless otherwise approved by the Planning Board.
I.
Stairways to upper floors shall be located inside the building.
J.
Entrances to structures shall have direct access from their primary
street frontage.
K.
Accessory structures, such as clubhouses, pools, pool buildings,
storage buildings, and trash enclosures shall be located in a manner
to create a walkable campus environment and should not detract from
the public realm of the site (pedestrian walkways, roadways, etc.).
For recreation facilities operated either wholly or partially
outside of an enclosed structure, the following restrictions shall
apply:
A.
Distance from residential, public, and semipublic properties. No
outdoor recreational facility shall be established within 1,000 feet
of any residentially zoned district or within 1,000 feet of any church,
school, park, or playground, unless otherwise stated in this chapter.
For the purposes of this section, measurements shall be made in a
straight line, without regard to intervening structures or objects,
from the nearest portion of the property used as part of the outdoor
recreation premises to the nearest property line of a residentially
zoned district, church, or school or to the nearest boundary of a
park or playground.
B.
Rest rooms required. Adequate rest room facilities for employees
and customers shall be provided on site.
C.
Fencing. Depending on the nature and intensity of the outdoor recreational
use, the Planning Board may require that the site be fenced in an
effort to address potential conflicts, such as noise, errant equipment,
or fumes. Said fencing shall be a minimum of four feet in height or
as otherwise required by the Planning Board.
D.
Noise levels. Noise levels shall be limited to 65 decibels as measured
from 75 feet outside the site and/or required wall or fencing.
A.
The following requirements shall apply to all commercial operations
regardless of the district in which they are located.
(1)
The display area shall not exceed 15% of the gross floor area
of the primary structure.
(2)
The display area shall not block automotive traffic, private
sidewalks, fire lanes, or other travel lanes.
(3)
Such displays shall be allowed adjacent to a principal building
wall and extending to a distance no greater than five feet from the
wall.
(4)
Such displays shall not be permitted to block windows, entrances
or exits and shall not impair the ability of pedestrians to use the
building.
(5)
The items for display are for sale and said area is not used
for storage purposes.
B.
Personal garage, lawn, yard, or rummage sales shall be allowed without
zoning permits, provided that no more than two such sales are held
on a single property in any twelve-month period for a maximum duration
of no more than seven days, with a minimum of seven days between the
ending of a sale and the beginning of a new sale. At the end of a
sale, all items that are for sale shall be moved so as not to be visible
from the public right-of-way.
Outdoor storage shall be allowed only in nonresidential districts
and shall be subject to the following requirements. This section does
not apply to the storage of materials within an approved accessory
structure to a single-family residential use in residential districts.
A.
Limited Commercial District, Lakeshore Neighborhood Commercial District,
and all mixed-use districts.
(1)
Outdoor storage shall not be allowed in the front yard.
(2)
Outdoor storage shall not occupy more than 15% of the entire
lot area.
(3)
All outdoor storage shall be fully screened to ensure the area
is not visible from the public right-of-way or adjacent residential
districts or uses.
(4)
Screening shall be of sufficient height and density to completely
hide storage from public view, including from streets and other public
accessways.
(5)
All screening shall be maintained in such a manner as to present
a neat and orderly appearance at all times.
B.
General Commercial and Industrial Districts.
(1)
Outdoor storage shall not be allowed in the front yard setback.
(2)
All outdoor storage shall be fully screened to ensure the area
is not visible from the public right-of-way or adjacent residential
districts or uses.
(3)
Service areas and outdoor storage areas shall be located so
as to not be visible from public streets, public pedestrian ways or
public open space. To the extent possible, service, loading and storage
facilities should be architecturally incorporated into the building
or architecturally treated with walks, fencing and landscaping. Where
these facilities are visible from public or private pedestrian areas,
public streets or public open space, they shall be screened with opaque
materials.
(4)
All screening shall be maintained in such a manner as to present
a neat and orderly appearance at all times.
(5)
Storage areas must be a minimum of 150 feet from a residential
use.
Public utility installations shall comply with the following:
A.
Such facility shall be surrounded by a fence approved by the Planning
Board.
B.
The facility shall be landscaped in a manner approved by the Planning
Board.
C.
To the extent practicable, equipment shall be stored so as not to
be visible from surrounding properties or public right-of-way.
D.
Any additional requirements determined to be necessary by the Planning
Board through site plan review.
A.
Establishment, expansion, closure, or any other alteration of bank
earth product excavation operations shall require site plan review
by the Planning Board.
B.
Any excavations for the removal of topsoil or other earth products
must be adequately drained to prevent the formation of pools of water
or the casting of surface water on another's property.
C.
It is hereby deemed the Town's policy to preserve the normal
flow of water and the normal fall of land whenever possible.
D.
Unless specifically permitted, open excavations shall not be maintained,
except those excavations made for the erection of a building or structure
for which a permit has been issued.
E.
The dumping of earth, gravel, rock or other materials not subject
to decay, noxious or offensive odors may be permitted in any zone
on any vacant land, provided that the existing grade shall not be
raised more than one foot above the nearest road, that hazardous or
noxious conditions are not created and that an unsightly appearance
or unstable slopes are not created.
A.
Repair and service of commercially licensed vehicles may be permitted with the issuance of a special use permit for motor vehicle repair within an enclosed building subject to the regulations set forth in § 106-30.6.
B.
Loading doors or docks shall not be located adjacent to any residential
use or zone or along residential street frontage.
C.
Any outdoor storage of materials shall be subject to the outdoor storage requirements specified in § 106-30.19.
D.
Idling of vehicles shall be in conformance with §§ 217-1
through 217-3 of Title 6 of the New York Codes, Rules and Regulations.
E.
A fueling station for use by designated commercial freight may be
allowed as an accessory use with the issuance of a special permit.
Wineries and breweries located within the Town of Geneseo shall
require the issuance of a special use permit and shall be in conformance
with the following:
A.
Where structures of local or national historic or architectural significance
exist on site, they shall be utilized and any additions thereto must
be designed to be consistent with the original structure to the extent
reasonably possible.
A.
Applicability.
(2)
Amateur radio station operators/receive-only antennas. These
regulations shall not govern any tower, or the installation of any
antenna, that is under 70 feet in height and is owned and operated
by a federally licensed amateur radio station operator or is used
exclusively for receive-only antennas.
(3)
Preexisting towers or antennas. Preexisting towers and preexisting antennas shall not be required to meet the requirements of this § 106-30.24 other than the requirements of this § 106-30.24B(6) and (7).
(4)
AM array. For purposes of implementing this section, an AM array,
consisting of one or more tower units and supporting ground system
which functions as one AM broadcasting antenna, shall be considered
one tower. Measurements for setbacks and separation distances shall
be measured from the outer perimeter of the towers included in the
AM array. Additional tower units may be added within the perimeter
of the AM array by right.
B.
General requirements.
(1)
Principal or accessory use. Antennas and towers may be considered
either principal or accessory uses. A different existing use of an
existing structure on the same lot shall not preclude the installation
of an antenna or tower on such lot.
(2)
Lot size. For purposes of determining whether the installation
of a tower or antenna complies with district development regulations,
including but not limited to setback requirements, lot coverage requirements
and other such requirements, the dimensions of the entire lot shall
control, even though the antennas or towers may be located on leased
parcels within such lot.
(3)
Inventory of existing sites. As part of any application for
a tower, each applicant for an antenna and/or tower shall provide
to the Code Enforcement Officer an inventory of all existing towers,
antennas or structures, or sites approved for towers or antennas which
exceed 75% of the height of the proposed tower, that are either within
the Town of Geneseo or within one mile of the border thereof. Such
inventory shall include specific information about the location, height
and design of each tower.
(4)
Aesthetics. Towers and antennas shall meet the following requirements:
(a)
Towers shall either maintain a galvanized steel finish or, subject
to any applicable standards of the FAA, be painted a neutral color
so as to reduce visual obtrusiveness.
(b)
At a tower site, the design of the buildings and related structures
shall, to the extent possible, use materials, colors, textures, screening
and landscaping that will blend them into the natural setting and
surrounding buildings.
(c)
If an antenna is installed on a structure other than a tower,
the antenna and supporting electrical and mechanical equipment must
be of a neutral color that is identical to, or closely compatible
with, the color of the supporting structure so as to make the antenna
and related equipment as visually unobtrusive as possible.
(d)
If towers or antennas are required by either FAA regulation
or permit condition to be painted any color which varies from the
above, the applicant must provide to the Planning Board, as part of
the application documents, copies of any and all FAA documents requiring
such painting.
(5)
Lighting. Towers shall not be artificially lighted, unless required
by the FAA or other applicable authority. If lighting is so required,
the lighting alternatives and design chosen must cause the least disturbance
to the surrounding views. The applicant must submit written proof
of such requirement as part of its application documentation.
(6)
State or federal requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this § 106-30.24 shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.
(7)
Building codes; safety standards. To ensure the structural integrity
of towers, the owner of a tower shall ensure that it is maintained
in compliance with standards contained in applicable state or local
building codes and the applicable standards for towers that are published
by the Electronic Industries Association, as amended from time to
time. If, upon inspection, the Town of Geneseo concludes that a tower
fails to comply with such codes and standards and constitutes a danger
to persons or property, then, upon notice being provided to the owner
of the tower, the owner shall have 30 days to bring such tower into
compliance with such standards. Failure to bring such tower into compliance
within said 30 days shall constitute grounds for the removal of the
tower or antenna at the owner's expense. In furtherance of the
provisions hereunder, the Town shall reserve the right to engage professional
consultants, including but not limited to qualified engineers, to
engage in the aforesaid inspection. The expense of engaging such consultants
shall be paid by the applicant, and the payment of any such reasonable
fees or expenses shall be a condition of any permit authorizing the
construction of the tower.
(8)
Measurement. For purposes of measurement, tower setbacks and
separation distances shall be calculated and applied to facilities
located in the Town of Geneseo, irrespective of municipal and county
jurisdictional boundaries.
(9)
Not essential services. To the extent permitted by federal and state laws, towers and antennas shall be regulated and permitted pursuant to this § 106-30.24 and shall not be regulated or permitted as essential services, public utilities or private utilities.
(10)
Franchises. Owners and/or operators of towers or antennas shall
certify that all franchises required by law for the construction and/or
operation of a wireless communications system have been obtained and
shall file a copy of all required franchises with the Code Enforcement
Officer.
(11)
Signs. No signs shall be allowed on an antenna or tower.
(12)
Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with any and all of the requirements of the Town of Geneseo site plan regulations as contained in Chapter 106 of the Code of the Town of Geneseo, as well as any other state or local building code.
(13)
Multiple antenna/tower plan. The Town of Geneseo encourages
the users of towers and antennas to submit a single application for
approval of multiple towers and/or antenna sites. Applications for
approval of multiple sites shall be given priority in the review process.
(14)
Setbacks. The following setback requirements shall apply to all towers for which a special use permit is required; provided, however, that the Planning Board may reduce the standard setback requirements if the goals of this § 106-30.24 would be better served thereby:
(15)
Separation. The following separation requirements shall apply to all towers and antennas for which a special use permit is required; provided, however, that the Planning Board may reduce the standard separation requirements if the goals of this § 106-30.24 would be better served thereby:
(a)
Separation from off-site uses/designated areas.
[1]
Tower separation shall be measured from the base
of the tower to the lot line of the off-site uses and/or designated
areas as specified in Table 30-3, except as otherwise provided in
Table 30-3.
[2]
Separation requirements for towers shall comply
with the minimum standards established in Table 30-3.
|
Table 30-3: Separation from Off-Site Uses/Designated Areas
| |
|---|---|
|
Off-Site Use/Designated Area
|
Separation Distance
|
|
Single-family or duplex residential units1
|
200 feet or 300% of the height of the tower, whichever is greater
|
|
Vacant single-family or duplex residentially zoned land which
is either platted or has preliminary subdivision plan approval which
is not expired
|
200 feet or 300% of the height of the tower,2 whichever is greater
|
|
Vacant unplatted residentially zoned lands3
|
100 feet or 100% of the height of the tower, whichever is greater
|
|
Existing multifamily residential units greater than duplex units
|
100 feet or 100% of the height of the tower, whichever is greater
|
|
Nonresidentially zoned lands or nonresidential uses
|
None; only setbacks apply
|
|
NOTES:
| |
|---|---|
|
1.
|
Includes modular homes and mobile homes used for living purposes.
|
|
2.
|
Separation measured from base of tower to closest building setback
line.
|
|
3.
|
Includes any unplatted residential use properties without a
valid preliminary subdivision plan or valid development plan approval
and any multifamily residentially zoned land greater than duplex.
|
|
4.
|
Collapsible towers may be permitted by the Planning Board to
satisfy fall zone requirements.
|
(b)
Separation distances between towers. Separation distances between
towers shall be applicable for and measured between the proposed tower
and preexisting towers. The separation distances shall be measured
by drawing or following a straight line between the base of the existing
tower and the proposed base, pursuant to a site plan of the proposed
tower. The separation distances (listed in linear feet) shall be as
shown in Table 30-4.
|
Table 30-4: Separation Distances Between Towers (in linear
feet)
| ||||
|---|---|---|---|---|
|
Existing Tower Types
|
Lattice
|
Guyed
|
Monopole 75 Feet in Height or Greater
|
Monopole Less Than 75 Feet in Height
|
|
Lattice
|
5,000
|
5,000
|
1,500
|
750
|
|
Guyed
|
5,000
|
5,000
|
1,500
|
750
|
|
Monopole 75 Feet in height or greater
|
1,500
|
1,500
|
1,500
|
750
|
|
Monopole less than 75 feet in height
|
750
|
750
|
750
|
750
|
(16)
Security fencing. Towers shall be enclosed by security fencing
not less than six feet in height and shall also be equipped with an
appropriate anticlimbing device; provided, however, that the Planning
Board may waive such requirements, as it deems appropriate.
(17)
Landscaping. The following requirements shall govern the landscaping surrounding towers for which a special use permit is required; provided, however, that the Planning Board may waive such requirements if the goals of this § 106-30.24 would be better served thereby.
(a)
Tower facilities shall be landscaped with a buffer of plant
materials that effectively screens the view of the tower compound
from property used for residences. The standard buffer shall consist
of a landscaped strip at least four feet wide outside the perimeter
of the compound.
(b)
In locations where the visual impact of the tower would be minimal,
the landscaping requirement may be reduced or waived.
(c)
Existing mature tree growth and natural landforms on the site
shall be preserved to the maximum extent possible. In some cases,
such as towers sited on large, wooded lots, natural growth around
the property perimeter may be sufficient buffer.
(18)
Buildings or other equipment storage.
(a)
Antennas mounted on structures or rooftops. No antenna shall
be mounted on any building or structure other than a tower specifically
constructed for supporting said antenna, unless the applicant demonstrates
either that there are no alternative sites suitable for constructing
a tower.
(b)
Antennas mounted on utility poles or light poles. Antennas shall
not be mounted on utility poles or light poles.
(c)
Antennas located on towers. The related unmanned equipment structure
shall not contain more than 100 square feet of gross floor area or
be more than six feet in height and shall be located in accordance
with the minimum yard requirements of the zoning district in which
located.
(d)
Modification of building size requirements. Any building size
requirements set forth in this chapter may be modified by the Planning
Board to encourage collocation.
C.
Supplementary application information. In addition to the requirements set forth by Article 52 (Site Plan Review) and Article 53 (Special Use Permits), applicants for special use permits for wireless communications towers shall submit the following information:
(1)
A scaled site plan clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, parking and other information deemed to be necessary to assess compliance with this § 106-30.24.
(2)
The legal description of the parent tract and leased parcel
(if applicable).
(3)
The setback distance between the proposed tower and the nearest
residential unit, platted residentially zoned properties and unplatted
residentially zoned properties.
(4)
The separation distance from other towers described in the inventory
of existing sites shall be shown on an updated site plan or map. The
applicant shall also identify the type of construction of the existing
tower(s) and the owner/operator of the existing tower(s), if known.
(5)
A landscape plan showing specific landscape materials.
(6)
The method of fencing, and finished color and, if applicable,
the method of camouflage and illumination.
(7)
A description of compliance with all applicable federal, state
or local laws.
(8)
A notarized statement by the applicant as to whether construction
of the tower will accommodate collocation of additional antennas for
future users.
(9)
Identification of the entities providing the backhaul network
for the tower(s) described in the application and other cellular sites
owned or operated by the applicant in the municipality.
(10)
A description of the suitability of the use of existing towers,
other structures or alternative technology not requiring the use of
towers or structures to provide the services to be provided through
the use of the proposed new tower.
D.
Factors considered in granting special use permits for towers. In addition to any standards for consideration of special use permit applications pursuant to Article 53, the Planning Board shall consider the following factors in determining whether to issue a special use permit, although the Planning Board may waive or reduce the burden on the applicant of one or more of these criteria if the Planning Board concludes that the goals of this § 106-30.24 are better served thereby:
(1)
Height of the proposed tower.
(2)
Proximity of the tower to residential structures and residential
district boundaries.
(3)
Nature of uses on adjacent and nearby properties.
(4)
Surrounding topography.
(5)
Surrounding tree coverage and foliage.
(6)
Design of the tower, with particular reference to design characteristics
that have the effect of reducing or eliminating visual obtrusiveness.
(7)
Proposed ingress and egress.
(8)
Availability of suitable existing towers, other structures or alternative technologies not requiring the use of towers or structures, as hereinafter discussed in § 106-30.24E.
E.
Availability of suitable existing towers, other structures, or alternative
technology. No new tower shall be permitted unless the applicant demonstrates
to the reasonable satisfaction of the Planning Board that no existing
tower, structure or alternative technology that does not require the
use of towers or structures can accommodate the applicant's proposed
antenna. An applicant shall submit information requested by the Planning
Board related to the availability of suitable existing towers, other
structures or alternative technology. Evidence submitted to demonstrate
that no existing tower, structure or alternative technology can accommodate
the applicant's proposed antenna may consist of any of the following:
(1)
No existing towers or structures are located within the geographic
area which meet applicant's engineering requirements.
(2)
Existing towers or structures are not of sufficient height to
meet applicant's engineering requirements.
(3)
Existing towers or structures do not have sufficient structural
strength to support applicant's proposed antenna and related
equipment.
(4)
The applicant's proposed antenna would cause electromagnetic
interference with the antenna on the existing towers or structures,
or the antenna on the existing towers or structures would cause interference
with the applicant's proposed antenna.
(5)
The fees, costs or contractual provisions required by the owner
in order to share an existing tower or structure or to adapt an existing
tower or structure for sharing are unreasonable. Costs exceeding new
tower development are presumed to be unreasonable.
(6)
The applicant demonstrates that there are other limiting factors
that render existing towers and structures unsuitable.
(7)
The applicant demonstrates that an alternative technology that
does not require the use of towers or structures, such as a cable
microcell network using multiple low-powered transmitters/receivers
attached to a wireline system, is unsuitable. Costs of alternative
technology that exceed new tower or antenna development shall not
be presumed to render the technology unsuitable.
F.
Removal of abandoned antennas and towers. Any antenna or tower that
is not operated for a continuous period of 12 months shall be considered
abandoned, and the owner of such antenna or tower shall remove the
same within 90 days of receipt of notice notifying the owner of such
abandonment. Failure to remove an abandoned antenna or tower within
said 90 days shall be grounds to remove the tower or antenna at the
owner's expense. If there are two or more users of a single tower,
then this provision shall not become effective until all users cease
using the tower. As a condition to the approval of any special use
permit, the Planning Board may require the posting of a performance
bond to secure compliance with this section.
G.
Nonconforming uses.
(1)
Not expansion of nonconforming use. Towers that are constructed, and any antennas that are installed whether initially or on a collocation basis, in accordance with the provisions of this § 106-30.24 shall not be deemed to constitute the expansion of a nonconforming use or structure.
(2)
Preexisting towers. Preexisting towers shall be allowed to continue their usage as they existed on the effective date of this Zoning Law. Routine maintenance (including replacement with a new tower of like construction and height) shall be permitted on such preexisting towers. New construction other than routine maintenance on a preexisting tower shall comply with the requirements of this § 106-30.24.
(3)
Rebuilding damaged or destroyed nonconforming towers or antennas.
Nonconforming towers or antennas that are damaged or destroyed may
be rebuilt without having to first obtain a special use permit and
without having to meet the separation requirements. The type, height
and location of the tower on site shall be of the same type and intensity
as the original facility approval. Building permits to rebuild the
facility shall comply with the then-applicable building codes and
shall be obtained within 180 days from the date the facility is damaged
or destroyed. If no permit is obtained or if said permit expires,
the tower or antenna shall be deemed abandoned.
