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.
(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.
(3)
Fences and walls subject to the provisions of §
106-45.11.
(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.
(5)
Fences and walls subject to the provisions of §
106-45.11.
(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.
Automotive sales establishments, including the sale of both
new and used vehicles, shall comply with the following regulations:
A. Operation and site requirements.
(1)
Site plan review is required for all automotive sales establishments as outlined in Article
52.
(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:
(a)
All storage facilities for fuel, oil, gasoline or similar substances
shall be underground and shall be at least 25 feet from any property
line.
(b)
All tanks shall be located at least 500 feet from a place of
public assembly as defined by the NYS Uniform Fire Prevention and
Building Code.
(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.
H. A bed-and-breakfast is permitted one sign, provided said sign is
in accordance with the standards set forth in Table 40-1 of Article
40.
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.
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.
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:
A. Mobile home parks shall be subject to site plan review as outlined in Article
52. For additional regulations see Chapter
75 of the Town Code.
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.
(1)
Double-wide manufactured homes shall be permitted in mobile home parks and farm operations in the same manner as provided hereinabove in Subsection
A and
B above.
(2)
On all other approved residential lots, double-wide manufactured
homes shall be placed on concrete foundations which comply with the
New York State Building Code and shall be enclosed with an approved
masonry foundation. Plastic sheeting is specifically prohibited.
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.
(3)
The mobile home shall be fully skirted and situated on a stand as defined in §
75-8A of Chapter
75, Mobile Home Parks, of the Town Code.
(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.
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.
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.