A.
The area or dimension of any lot shall not be created or reduced
to less than the minimum required by this chapter. If already less
than the minimum required by this chapter, said area or dimension
may be continued and shall not be further reduced.
B.
At all street intersections, no obstruction to vision which is a
hazard to vehicular movement exceeding three feet in height above
curb level shall be permitted on any lot within the triangle formed
by the street lot lines of such lot and a line drawn between the points
along such street lot lines 25 feet distant from their point of intersection.
The height limitations of this chapter shall not apply to church
spires, belfries, cupolas and domes not used for human occupancy,
nor to chimneys, ventilators, skylights, water tanks, bulkheads, antennas,
similar features and necessary mechanical appurtenances usually carried
above the roof level.
A.
Corner lots shall provide the minimum front yard requirements for
the respective district for both intersecting streets.
B.
Where a building lot has frontage upon a public street which on the
traffic plan or Official Map of the Town of Lyons is contemplated
for right-of-way widening, the required front yard area shall be measured
from such proposed future right-of-way line.
C.
All uses permitted in the C-1 District shall provide a minimum side
yard of 50 feet where such side yard abuts an R-A or R-1 District.
D.
All uses permitted in the M-1 District shall provide a minimum side
yard of 100 feet where such side yard abuts an R-A or R-1 District.
An accessory structure attached to the main or principal building
shall comply in all respects with the requirements of this chapter
applicable to the main building.
Accessory structures which are not attached to a principal structure
may be erected in accordance with the following restrictions:
A.
No accessory structure may be located closer than five feet to any
side or rear lot lines.
B.
No accessory structure may be located closer to the street than the
street wall of the principal structure, except that where the principal
structure is more than 200 feet from the front lot line, an accessory
building shall be no closer than 200 feet to the front lot line.
C.
No accessory structure shall be located closer to a principal structure
than 10 feet.
D.
A shed not requiring a permanent foundation shall not be subject
to side or rear yard requirements, provided it does not exceed 140
square feet in area and six feet in height.
Any new use which is in, abuts, is adjacent to, or is less than
50 feet from any R-A or R-1 District and which is not conducted within
a completely enclosed building, such as junkyards, storage yards,
lumber and building materials yards, parking lots, and like uses,
shall be entirely enclosed by a fence or wall, or landscaping sufficient
to effectively shield such uses. This section shall not apply to nurseries,
or to the display for sales purposes of new or used cars, trucks,
trailers, bicycles, motorcycles, or farm equipment.
A.
No person shall construct any fence in any R-1 District to a height
greater than 4 1/2 feet above ground level, except that a fence
not exceeding 6 1/2 feet above ground level may be installed
in any side or rear yard. In the front yard, fences shall have the
finished side facing out. From the rear line of the front yard to
the rear lot line, and along the rear lot line, either side of the
fence may face out.
B.
Fences may be placed on property lines. The party constructing the
fence is responsible for determining the location of the property
lines. Fences placed as an encroachment shall be removed.
C.
Barbed-wire fencing. No barbed-wire fence shall be permitted to be
placed in any district, except those necessary for legitimate agricultural
activities, or when the barbed-wire portion is carried at least eight
feet above the adjoining grade.
D.
Electrified fencing. No electrified fence shall be permitted in any
district except those necessary for legitimate agricultural activities.
E.
Fencing in front yards in R-1 Districts. In R-1 Districts, fences
within a front yard shall be of an open type, such as picket, chain
link, wrought iron, or split rail.
In all districts, in connection with every manufacturing, business,
institutional, recreational, residential or any other use, there shall
be provided, at the time any building or structure is erected or is
enlarged or increased in capacity, off-street parking spaces in accordance
with the requirements set forth below. The number of required off-street
parking spaces shall be the number required for the entire structure.
A.
Each off-street parking space shall have an area of not less than
200 square feet, exclusive of access drives or aisles, and each parking
space shall have a minimum width of 10 feet. There shall be adequate
provision for ingress to and egress from all parking spaces. Access
drives or driveways shall not be less than 10 feet wide.
B.
Off-street parking areas shall be designed so that all vehicular
movement to and from the public right-of-way is in a forward direction,
and shall permit entering and exiting without moving vehicles parked
in other spaces. This provision shall not apply to one- or two-family
dwellings.
C.
No driveway connecting to a Town road shall be constructed without
the approval of the Town Highway Superintendent and Town Zoning Officer.
All culverts, grades and slopes shall be approved by the Town Highway
Superintendent.
D.
Parking schedule. The ratios listed below for each use are based
upon the square footage of a structure's floor area as defined herein.
In calculating the required number of spaces, all fractional results
shall be rounded up to the next highest whole number.
(1)
Dwellings, including mobile homes, but excluding professional residence-offices and home occupations [see Subsection D(11)]: at least one space and not more than four spaces for every dwelling unit.
(2)
Church or similar place of worship: at least one space for every
five seats provided, except that this number may be reduced or eliminated
if there exist within 500 feet of the place of worship public or private
parking lots containing a sufficient number of off-street parking
spaces to satisfy this requirement. Any such parking must be shown
to be legally available for worshippers on the day or days of greatest
use.
(3)
Community buildings, country clubs, social halls, lodges, fraternal
organizations and similar uses: at least one space for each 200 square
feet of floor area used in connection with the operation.
(4)
Schools: at least five administrative spaces and at least two
spaces for each classroom for preschools, elementary or middle/junior
high schools; at least five spaces per classroom for high schools.
(5)
Motels, hotels, rooming houses, and bed-and-breakfast establishments:
at least one space for each rentable unit.
(6)
Funeral home or mortuary: at least five spaces for each parlor,
but not less than 10 spaces.
(7)
Hospitals, nursing and convalescent homes: at least one space
for every three beds provided, plus at least one space for every two
employees on maximum shift.
(8)
Motor vehicle service station or repair shop: at least 10 spaces.
(9)
Day-care facility: at least one space for each employee on maximum
shift, plus at least one space for every five children.
(10)
Restaurant or other eating establishments, bars and nightclubs:
at least one space for every four seats provided, or one space for
every 100 square feet of customer floor area, whichever is greater.
(11)
Professional residence-offices and home occupations: at least
five spaces.
(12)
Wholesale, warehouse, and storage buildings: at least one space
for every employee on maximum shift or one space for every 500 square
feet of floor area, whichever is greater.
(13)
Retail stores, shops, and service establishments: at least one
space for each 300 square feet of floor area.
(14)
Bowling alleys: at least six spaces for each alley.
(15)
Business offices: at least one space for every 400 square feet
of floor area, but not less than two spaces.
(16)
Theater or auditorium: at least one space for every three seats.
(17)
Manufacturing, industrial and other general commercial uses:
at least one space for each 1,000 square feet of floor area, plus
one space for each four employees on the maximum working shift.
E.
The above is to be used as a minimum standard, and in any event traffic
generated must be accommodated.
F.
For structures and land uses that do not fall into the categories
listed above, a reasonable and appropriate requirement for off-street
parking shall be determined in each case by the Zoning Board of Appeals,
which shall consider each new use based on the factors involved.
In any district, in connection with every building, or building
group or part thereof hereafter erected which is to be occupied by
manufacturing or commercial uses or distribution by vehicles of materials
or merchandise, there shall be provided and maintained, on the same
zone lot with such building, off-street loading berths in accordance
with the following requirements:
A.
Each loading space shall be not less than 10 feet in width, 60 feet
in length, and have a minimum clearance of 14 feet, and may occupy
all or any part of any required yard.
B.
Off-street parking and loading facilities for separate uses may be
provided jointly if the total number of spaces so provided is not
less than the sum of the separate requirements for each use, and provided
that all regulations governing the location of accessory spaces in
relation to the use served are adhered to. Further, no accessory space
or portion thereof shall serve as a required space for more than one
use unless otherwise approved by the Zoning Board of Appeals in accordance
with the purposes and procedures set forth herein.
C.
Minimum off-street loading requirements for retail and service establishments,
commercial, wholesale, manufacturing, storage, and miscellaneous uses:
|
Floor Area
(square feet)
|
Minimum Number of Loading Berths Required
|
|---|---|
|
5,000 to 25,000
|
1
|
|
25,001 to 40,000
|
2
|
|
40,001 to 60,000
|
3
|
|
60,001 to 100,000
|
4
|
|
Each additional 50,000 or fraction thereof
|
1 additional
|
All roadside stands must be set back a minimum of 30 feet from
any highway right-of-way.
All residential conversions shall have at least 3,000 square feet of lot area and at least 600 square feet of floor area for each dwelling unit, except as provided in § 300-2.18B(1), and no converted building shall have more than a total of four dwelling units.
The following restrictions apply to bed-and-breakfast establishments:
A.
Overnight accommodations shall be for a maximum stay of seven consecutive
days. The owner shall maintain a guest register and shall preserve
registration records for a minimum of three years. The register and
all records shall be made available to the Code Enforcement Officer
upon request.
B.
The number of rooming units for transient accommodation shall not
exceed five. The minimum lot size shall be the minimum lot size designated
in the applicable zoning district, plus 1,000 square feet for each
rooming unit provided.
C.
Any meals provided or amenities connected with the rooming units,
such as a swimming pool or tennis court, shall be solely for the use
of the owner, the owner's family, and the owner's registered guests.
No cooking or dining facilities shall be permitted in individual rooming
units.
D.
Any exterior alterations to the bed-and-breakfast establishment,
and any walks, fences, and landscaping shall maintain the appearance
of a single-family residence.
Signs may be erected and maintained only when in compliance
with the following regulations:
A.
Signs in R-A and R-1 Districts. The following types of nonilluminated,
nonadvertising signs are permitted in all residential districts as
follows:
(1)
Nameplate and identification signs. Signs indicating the name
or address of the occupant, or a permitted home occupation, provided
that they shall not be larger than four square feet in area. Only
one such sign per dwelling unit shall be permitted; except in the
case of corner lots, where two such signs (one facing each street)
shall be permitted for each dwelling unit.
(2)
Sale or rental signs. Signs advertising the sale or rental of
the premises upon which they are located may be erected or maintained,
provided that the size of any such sign is not in excess of six square
feet and not more than two such signs shall be permitted; except in
the case of corner lots, where two additional signs shall be permitted
on each additional frontage.
(3)
Institutional signs. Signs of schools, colleges, churches, hospitals,
sanatoria, or other institutions of a similar public or semi-public
nature may be erected and maintained, provided that the size of any
such sign is not in excess of six square feet, and not more than one
such sign shall be located on a property; except in the case of corner
lots, where two such signs may be erected, one on each frontage.
(4)
Signs accessory to parking areas. Signs designating entrances
and exits to or from a parking area shall be limited to one sign for
each such entrance or exit and to a maximum size of four square feet.
One sign per parking area designating the conditions of use or identity
of such parking area shall be permitted and limited to a maximum size
of 10 square feet, provided that on corner lots two such signs shall
be permitted, one on each frontage.
(5)
Development signs. Signs advertising the sale or development
of the premises upon which they are located, when erected in connection
with the development of the premises, may be erected and maintained,
provided that the size of any such sign is not in excess of 20 square
feet, and not more than two such signs shall be located on a property;
except in the case of corner lots, where two such signs may be erected
on each frontage. Any such signs shall be removed by the developer
within 30 days of the final sale of the property.
(6)
Signs directing the traveling public to eating, lodging, camping
or recreational areas. No such sign shall exceed 50 square feet.
(7)
Nonresidential signs in R-A Districts.
B.
Signs in C-1 and M-1 Districts.
(1)
No business sign shall exceed 100 square feet in any C-1 District
or 150 square feet in any M-1 District; except that where only one
surface of such sign is visible, the surface area may be increased
by 50%.
(2)
Flashing and revolving signs shall be prohibited. Stationary
illuminated signs shall be permitted.
C.
General regulations. The following regulations shall apply to all
permitted signs:
(1)
No freestanding sign shall be located nearer to any property
line than 10 feet.
(2)
No sign shall be higher than the height limit for the district
where such sign is located, nor shall any sign be located upon the
roof of any building.
(3)
Signs shall be constructed of durable materials, maintained
in good condition and not allowed to become dilapidated.
(4)
If the Code Enforcement Officer shall find that any sign regulated
by this chapter is unsafe or not secure or is a menace to the public,
he or she shall give written notice to the named owner of the sign
and also the named owner of the land upon which the sign is erected,
who shall remove or repair said sign within 15 days of the date of
said notice. If said sign is not removed or repaired, the Code Enforcement
Officer shall revoke the permit issued, if any, and shall cause the
removal or repair of said sign and shall assess all costs and expenses
incurred in said removal or repair against the land or building on
which such sign was located. The Code Enforcement Officer may cause
any sign which is a source of immediate peril to persons or property
to be removed summarily and without notice.
(5)
Any sign which, in the determination of the Code Enforcement
Officer, is abandoned or no longer advertises a bona fide business
conducted or product sold on the premises shall be taken down and
removed by the owner, agent or person having the beneficial use of
the building, structure or land upon which said sign shall be found
within 10 days after written notification by the Code Enforcement
Officer. Where a business activity has been discontinued for a period
of 90 days, the related sign(s) shall be presumed to be abandoned
unless the owner, beneficial user or other party in interest files
a written certification with the Code Enforcement Officer that such
sign is to be utilized within 30 days following such ninety-day period.
This provision shall not apply to those signs which, in the determination
of the Planning Board, are of unique artistic, cultural, architectural,
or historic significance.
A.
Wetlands areas are those areas so designated on any wetlands map
for the Town of Lyons and determined by data developed by the Town,
by Wayne County or by the State Department of Environmental Conservation.
B.
Each landowner who intends to conduct or become involved in a land
use activity in a designated wetland shall notify the Code Enforcement
Officer, stating the location and approximate acreage to be affected,
the intended use for such land and the methods to be employed. The
Code Enforcement Officer shall be satisfied that the intended use
is permitted. Any question of compliance or interpretation shall be
submitted to the Zoning Board of Appeals for determination.
See Chapter 157, Flood Damage Prevention, of the Town Code.
A.
Except as otherwise provided in this chapter, the lawfully permitted
uses of land or structures existing at the time of the adoption of
this chapter or an amendment thereto may be continued, although such
use or structure does not conform to the standards specified herein.
B.
No existing structure or premises devoted to a nonconforming use
shall be enlarged, extended, reconstructed, substituted or structurally
altered except when changed to a conforming use, or when required
to do so by law and as follows:
(1)
Should any legally existing nonconforming use be destroyed by
any means, it may be repaired or reconstructed to the original floor
area which existed prior to such damage. All repairs shall be completed
within two years from the time the destruction occurred, or such use
shall not be rebuilt except as a conforming use. Such reconstruction
may only occur on the same lot.
(2)
A nonconforming use shall not be extended to displace a conforming
use.
(3)
A nonconforming use shall not be changed to another nonconforming
use unless it is a similar or less nonconforming use.
(4)
A nonconforming structure may be enlarged if all area, yard
and other requirements of the district in which it is located are
complied with.
(5)
If a nonconforming use is changed to a conforming use, any future
use shall conform to the provisions of this chapter.
(6)
A nonconforming use may be changed to a conforming use.
(7)
A building or other structure containing a nonconforming residential
use may be altered to improve interior livability. No alterations
shall be made which would increase the number of dwelling or rooming
units.
C.
The discontinuance of a nonconforming use for a period of 12 consecutive
months, or the change of use to a permitted use, shall be considered
abandonment thereof and such nonconforming use shall not thereafter
be revived. Partial use of a nonconforming use shall not be deemed
to be an abandonment. The date that discontinuance of a nonconforming
use commences shall be determined by the Code Enforcement Officer,
who shall send written notice of such determination to the property
owner, with a copy to the Town Clerk. Intent to resume active operations
of a nonconforming use shall not affect the foregoing.
D.
Nothing herein contained shall require any change in the plans, construction,
or designated use of a building complying with existing laws, a permit
for which shall have been obtained before the date of adoption of
this chapter or any applicable amendment thereto, and which entire
building shall have been completed according to such plans as have
been filed, within one year of the adoption of this chapter or any
applicable amendment thereto.
E.
Nonconforming use rights and obligations, subject to the provisions
of this chapter, remain with the land when title is transferred.
Structures and properties within the Town shall comply with
the requirements of the New York State Property Maintenance Code and
the following:
A.
Accumulation prohibited. It shall be unlawful for an owner, tenant
or occupant of land lying within the Town of Lyons R-1 District to
allow, suffer or permit on such lands any accumulation of brush, tall
grasses and/or weeds, including poison ivy and ragweed, in a manner
detrimental to the public health, safety or general welfare or in
such a manner as to constitute a fire hazard, or to allow the growth
of such brush, tall grasses and/or weeds to a height greater than
10 inches on the average; and in all such cases, the owner, tenant
or occupant shall remove or destroy the same.
B.
Duty of owner, lessee or occupant. It shall be the duty of any owner, lessee or occupant of any such lot or plot of land in the Town of Lyons R-1 District to cut and remove or cause to be cut and removed all such brush, grasses and/or weeds, or other rank, poisonous or harmful vegetation as often as necessary to comply with the provisions of Subsection A above.
C.
Notice to remove. Whenever brush, tall grasses and/or weeds, including ragweed and poison ivy, or other rank, poisonous or harmful vegetation, shall have been allowed, suffered or permitted to grow or accumulate on lands lying within the limits of the Town of Lyons R-1 District in a manner detrimental to the public health, safety or general welfare or in such manner as prohibited by Subsection A above, the Lyons Town Board or the Town of Lyons Zoning Inspector, Health Inspector, or other Town official designated for this purpose shall cause seven days' written notice to remove or destroy the same to be given to the tenant, occupant or owner of any such lands.
D.
Contents of notice. The contents of said notice shall be as described in § 300-4.11B of this chapter.
E.
Service of notice. The service of said notice shall be as described in § 300-4.11C of this chapter.
F.
Failure to comply. In the event that any owner, tenant or occupant
shall refuse or neglect to remove or destroy said accumulation within
the time limited by said notice, then the Town Board or the Town of
Lyons Zoning Inspector, or other Health Inspector, or other Town official
serving in such capacity may authorize and direct that the same be
removed or destroyed and may use Town employees or hire contractors
to accomplish the same.
G.
Owner to be responsible for costs. In the event that such owner,
tenant or occupant shall refuse or neglect to remove or destroy any
such accumulations as hereinbefore set forth, and it shall be necessary
for the Town Board to cause the same to be removed or destroyed, the
officer responsible shall certify the cost thereof to the Town Board.
H.
Costs to be charged against lands. In all cases where brush, tall grasses and/or weeds, including ragweed and poison ivy, or other rank, poisonous or harmful vegetation, are destroyed or removed from any lands pursuant to this chapter by or under the direction of any official designated in Subsection F above, such official shall certify the cost thereof to the Town Board, as provided in Subsection G above, which shall examine the certification and, if found to be correct, shall cause the cost as shown thereon to be charged to become a lien upon such lands and to be added to and become and form part of the taxes next to be assessed and levied upon such lands, the same to bear interest at the same rate as taxes and to be collected and enforced by the Tax Collector.
I.
Costs to be lien. Upon resolution by the Town Board charging the
cost against the lands, a certified copy thereof shall be filed with
the Collector of Taxes of the Town of Lyons, and the amount so charged
shall forthwith become a lien upon such lands and shall be added to
and become and form a part of the taxes next to be assessed and levied
upon said lands, the same to bear interest at the same rate as taxes
and shall be collected and enforced by the same officers in the same
manner as taxes.
A.
No retail or commercial activity shall take place other than a roadside
stand.
B.
No odor- or dust-producing uses, including the storage of manure,
shall take place within 150 feet from the nearest lot line, except
that it is permissible to store and use, within the above limits,
dust or spray material necessary to protect fruits, vegetables and
farm crops from disease and insects.
C.
No hogs or chickens of any kind shall be kept except as an incidental
part of a general farm operation.
D.
Fowl of any kind or livestock, including horses, shall only be kept
on parcels of five acres or more in area or in a building, no part
of which is closer to any property line than 150 feet.
E.
No garbage or refuse, other than that produced on the premises, shall
be used for feed.
A.
Anchors and tie-downs. Mobile homes and house trailers shall be provided
with suitable anchors and tie-downs at all times.
B.
Skirting. Skirting shall be required on all year-round uses.
C.
Use and configuration. Mobile homes and house trailers shall not
be stacked one upon another, nor shall they be used as accessory buildings,
agricultural structures, or as additions to other buildings (including
other mobile homes or house trailers).
D.
Additions. No additions shall be made to a mobile home or house trailer
except: a canopy, deck or porch open on three sides; an addition made
by the mobile home or house trailer manufacturer; an addition designed
by a registered professional engineer or licensed architect; or an
addition which is freestanding and unsupported by the mobile home's
or house trailer's structure.
E.
Use for dwellings or construction purposes. Mobile homes and house
trailers shall not be permitted for any use other than that of a single-family
dwelling, except that it shall be permitted for contractors to use
such structures as offices or tool sheds during construction projects.
Such mobile homes or house trailers shall comply with all other provisions
of this section.
F.
Temporary use. It shall be permitted to temporarily place a mobile
home for use as a dwelling during construction of a home, for up to
180 days, provided that the mobile home be located not less than 30
feet from any highway right-of-way, nor less than 10 feet from any
other lot line. Such mobile homes shall comply with all other provisions
of this section, and shall be promptly removed from the lot upon completion
of construction or the lapse of the above-mentioned 180 days, whichever
is less.
G.
Plumbing connections. Every mobile home or house trailer which is
provided with plumbing facilities shall have attachment to an approved
potable water source and an approved method of sewage disposal, in
accordance with New York State Department of Health regulations.
H.
Nonconforming mobile homes and house trailers. Any mobile home or house trailer which is located so as not to conform to the terms of this section shall not be replaced on its site by any other mobile home or house trailer, except as provided in § 300-2.43B(1) of this chapter.
I.
House trailers. No house trailer shall be permitted to be placed
on any lot in any mobile home park or R-1 District. In addition, no
house trailer shall be installed for any purpose unless it complies
with the following:
(1)
The house trailer shall have at least one window in each bedroom
which is at least 22 inches in the horizontal or vertical position
and at least five square feet in unobstructed area. The bottom of
the window opening shall be no more than 36 inches above the floor,
and the locks and latches on any such window, storm windows or window
screens shall be located not more than 54 inches above the finished
floor. A bedroom with a door leading directly to the exterior shall
be exempt from this requirement.
(2)
The house trailer shall have at least two exterior exit doors.
In single-section homes, these shall be located no less than 12 feet,
center-to-center, from each other. In multi-section homes, such doors
shall be not less than 20 feet, center-to-center, from each other.
Such measurement shall be taken in a straight line, regardless of
the length of travel between doors.
J.
Use as farm labor housing. Notwithstanding any provision to the contrary,
it shall be permissible for mobile homes to be placed in any district,
except R-1 and F-P, for use as farm labor housing. Such homes shall
conform to all other requirements of this section.
K.
Abandoned mobile homes and house trailers. No junked, scrapped, discarded,
unusable or otherwise abandoned mobile home or house trailer shall
be permitted to be placed or remain on any lot in any district for
a period of greater than one year, except in an approved dump or junkyard.
L.
Removal of slab or foundation. Any slab, foundation, or stand for
a mobile home located in the R-1 District shall be removed or filled,
upon the removal of the associated mobile home, if such home is not
replaced by another mobile home on the same site within one year.
M.
Subdivision restriction. Notwithstanding any provision of this section to the contrary, no mobile home or house trailer shall be permitted to be placed, for any purpose, within any subdivision approved under Chapter 262, Subdivision of Land, of the Town Code. This restriction shall not apply to mobile homes located in approved mobile home parks, nor to construction trailers permitted under Subsection E.
A.
Temporary placement. Wheeled storage trailers shall be permitted
to be placed on a temporary basis, in conjunction with a commercial
or industrial use, provided that no such trailer shall be located
within any front yard or within 50 feet of any highway right-of-way.
B.
Permanent placement. When placed for a period of time exceeding 90
days, the use of a storage trailer shall be allowed only upon issuance
of a building permit, with the following conditions:
(1)
The trailer shall be placed upon a suitable foundation, with
appropriate anchors and tie-downs.
(2)
The trailer shall be painted a neutral color, and shall not
be permitted as a form of signage.
(3)
The area around the base of the trailer shall be skirted to
provide a finished exterior appearance.
(4)
The trailer shall be considered an accessory structure, and
shall be located and maintained in accordance with applicable regulations
governing accessory structures.
Apartment garages shall be permitted in accordance with the
following:
A.
Not more than one apartment garage shall be permitted on any lot.
B.
No apartment garage shall extend more than two stories in height.
C.
No dwelling unit located in an apartment garage shall exceed 750
square feet of floor area on the ground floor, nor more than 900 square
feet in total floor area.
D.
The parking area within an apartment garage shall not exceed a capacity
of four typical passenger vehicles.
E.
Apartment garages shall comply in all other respects with other regulations
governing detached accessory structures.
F.
The total number of dwelling units on the lot shall not exceed the
maximum number permitted for a principal building.
All farm animals shall be appropriately confined by means of
pens, fences, buildings, or by other means to prevent their unwanted
escape from the property on which they are located.
All farm-related uses shall be subject to site plan review and
approval by the Planning Board, prior to issuance of a building permit.
Notwithstanding any other provision to the contrary, there shall
be no keeping of bees within any R-1 District, nor within 200 feet
of the boundary of any R-1 District.
All modular, site-built and multi-section mobile homes hereafter erected in any district shall contain at least 1,000 square feet of floor area for single-family uses, and at least 600 square feet of floor area for each dwelling unit for two-family and multifamily uses. This provision shall not apply to apartment garages, cottages or recreational cabins, nor to efficiency apartments permitted under § 300-2.18B(1).
It shall be permissible to apply sewage and/or septic sludge
to farmland for fertilizing purposes, in conformance with the following:
A.
A permit shall first be obtained from the Code Enforcement Officer.
The fee for such permit shall be set from time to time by the Town
Board by resolution, and the permit shall expire after three years.
B.
At the time of application or renewal, the following information
shall be submitted for review by the Code Enforcement Officer: a site
plan, drawn to scale, of all farmland upon which sewage or septic
sludge is to be deposited, showing also the area of application; the
source of the sewage or septic sludge to be deposited; the method
of application; the total anticipated quantity of sewage or septic
sludge to be deposited.
C.
No sewage or septic sludge shall be applied or deposited within any
R-1 or F-P District, nor within 200 feet of the boundary of any R-1
District, occupied building, pond, stream, well, wetland, or other
water body.
D.
All application of sewage or septic sludge shall be in accordance
with applicable New York State Department of Environmental Conservation
and/or Department of Health requirements, and the Code Enforcement
Officer is authorized to require, at his/her discretion, that copies
be provided of any such approvals.
E.
The above provisions may be waived by the Code Enforcement Officer
if the farm owner submits an Agricultural Environmental Management
(AEM) Plan.
A.
Farm animal remains shall be properly disposed of in accordance with
generally accepted good farming practices.
B.
Farm animal remains shall be permitted to be burned, buried or composted upon a farm in any R-A District, in accordance with Subsection C below.
C.
No farm animal remains shall be buried or composted within any R-1
or F-P District, nor within 200 feet of the boundary of any R-1 District,
pond, stream, well, wetland or other water body.
D.
The above provisions may be waived by the Code Enforcement Officer
if the farm owner submits and complies with an Agricultural Environmental
Management (AEM) Plan.
A.
Residential use prohibited. No agricultural structure shall be attached to or provide direct access to any building used for residential purposes, nor shall residential uses be permitted within agricultural structures. Barn conversions shall be permitted, in conformance with § 300-2.56 of this chapter.
B.
Height exception. The height restrictions of this chapter shall not
apply to silos, grain elevators, windmills, or similar agricultural
structures not intended for human or animal occupancy.
C.
Minor agricultural structures. Minor agricultural structures shall be permitted to be placed ahead of the street wall of a principal structure, or ahead of the minimum front yard setback line, but not less than 30 feet from any highway right-of-way, provided that the structure is at least two times the distance from any principal structure as the distance it extends ahead of the street wall of such structure and not more than two stories in height. Such structures shall otherwise be located as provided in § 300-2.32 of this chapter.
D.
Major agricultural structures. Major agricultural structures shall not be placed ahead of the street wall of a principal structure, except as provided in § 300-2.32B, and shall be at least 50 feet from other major agricultural structures, farmhouses, and other residential structures. Major agricultural structures shall also be located at least 100 feet from any large-scale agricultural structures and 25 feet from any lot line. If no principal structure exists on the lot, the minimum front yard setback shall be 50 feet.
E.
Large-scale agricultural structures. Large-scale agricultural structures
shall not be placed ahead of the street wall of a principal structure,
and shall be located at least 100 feet from other large-scale agricultural
structures, major agricultural structures, farmhouses, and other residential
structures. Large-scale agricultural structures shall also be at least
50 feet from any lot line.
F.
Existing setbacks. If an existing building should be expanded or
enlarged to become a major or large-scale agricultural structure,
existing setbacks shall be permitted to remain. No such addition or
enlargement, however, shall be permitted to further reduce an existing
setback which is less than that required by this section.
G.
Multiple large-scale agricultural structures. Where two or more large-scale agricultural structures are located on a farm, an on-site fire protection water supply shall be developed, in accordance with Subsection I below.
H.
Farm floor area exceeding 60,000 square feet. Where the aggregate floor area of all farm buildings exceeds 60,000 square feet, an on-site fire protection water supply shall be developed in accordance with Subsection I below.
I.
Fire protection water supply. An on-site fire protection water supply,
as may be required by this section, shall be developed as provided
below:
(1)
A pond of sufficient size (as may be determined by the local
fire department or a professional fire protection engineer) shall
be constructed. In lieu of a pond, a suitable dry hydrant, cistern,
or elevated water storage tank may be developed.
(2)
The pond or other water source shall be located at least 100
feet from any major or large-scale agricultural buildings, and at
least 50 feet from any interior lot line.
(3)
The pond or other water source shall have a surrounding ground
surface adequate to support fire apparatus at all times, and shall
be designated and used only for fire protection purposes.
(4)
The water source shall be not more than 20 feet lower than the
expected level of fire apparatus at all times.
J.
Setback reduction permitted. The setback requirements for major or
large-scale buildings shall be permitted to be reduced by 50% for
any of the following fire protection features:
(1)
The building's structural and exterior components are entirely
noncombustible.
(2)
The building is provided throughout and on all levels with an
automatic fire alarm system.
(3)
The building is provided throughout and on all levels with a
fire sprinkler system.
(4)
The owner or his or her designee prepares a fire safety plan,
to be approved by the Code Enforcement Officer, which shall include
the following: a) appropriate information for the Fire Department
concerning the types of uses, installed fire equipment, numbers of
employees, numbers and types farm animals and their locations, locations
or utilities, and floor plans; and b) appropriate information to employees,
occupants and residents concerning how to report a fire or other emergency,
evacuation procedures, use of provided fire equipment, and general
fire safety practice. The fire safety plan shall also provide for
a tour, by the local Fire Department, of the property for preplanning
purposes.
(5)
The building is suitably compartmented by fire walls, fire curtains
or other means as may be designed by a professional engineer.
K.
Additional reduction for multiple features. If more than one of the
above fire protection features is provided, the minimum required setbacks
for major or large-scale agricultural structures shall be permitted
to be reduced by 75%.
L.
Oxygen-limiting silos. Oxygen-limiting silos shall have installed
at the base of each such silo a durable sign not less than four square
feet in size, which shall read "WARNING — OXYGEN-LIMITING SILO
— DO NOT USE WATER TO EXTINGUISH FIRE".
A.
No manure lagoon shall be located within any R-1 or F-P District,
or within 200 feet of the boundary of any R-1 District, pond, stream,
wetland, occupied building, lot line, or public right-of-way, including
roadways.
B.
The above provisions may be waived by the Code Enforcement Officer
if the owner submits an Agricultural Environmental Management (AEM)
Plan or if the manure lagoon is lined with a suitable, impervious
material.
A.
Maintenance. All unimproved building lots in R-1 Districts shall
be maintained in a clean, safe and level condition.
B.
Storage of certain vehicles. No unlicensed, unserviceable, abandoned,
junked, inoperable, or unused vehicles or equipment shall be permitted
to be parked or stored upon any unimproved building lot in an R-1
District, other than in a completely enclosed building.
C.
Parking of travel trailers. No travel trailer, as defined in this
chapter, shall be permitted to be placed on a temporary or permanent
basis on any unimproved building lot in an R-1 District.
D.
Outdoor storage. No unimproved building lot in an R-1 District shall
be used for the outdoor storage of any junk or any materials exceeding
an aggregate area of 100 square feet. No materials of a noxious or
dangerous nature shall be permitted. Material storage within the above
limits shall not exceed 20 feet in any horizontal dimension, nor more
than six feet in any vertical dimension. Lumber, pipes and building
materials shall be stored at least one foot above grade to prevent
rodent harborage.
E.
Nonresidential use. The nonresidential use of an unimproved building
lot in an R-1 District in excess of the above limits shall be permitted
only upon issuance of a renewable special permit by the Zoning Board
of Appeals. Such permit shall expire after two years.
F.
Amortization. All unimproved building lots not in conformance with
this section shall be made to comply with this section not later than
six months after the effective date of the local law enacting this
section.[1]
[1]
Editor's Note: This section was originally enacted 8-20-2001
by L.L. No. 2-2001 (T).
No broken down, unused, junked, unserviceable, inoperable, or
otherwise abandoned farm equipment shall be permitted to be parked
or stored openly within 100 feet of any highway right-of-way.
Agricultural signs shall be permitted in all districts, in conformance with § 300-2.40A(7).
Through lots shall comply with applicable front yard requirements
for both street frontages.
Any site-built, modular or mobile home, and any house trailer
not provided with a basement, shall be provided with a storage building
located on the same lot which is not less than 100 square feet in
area. This provision shall not apply to recreational cabins.
Structures used as farm labor housing shall be located as provided for in § 300-2.55.
Boathouses shall be permitted to be placed in any use district
as an accessory use as follows:
