Town of Macedon, NY Supplementary Regulations

Off-street parking space shall be provided as further specified in this chapter and shall be furnished with necessary passageways and driveways. For the purpose of this chapter, a parking space shall not be less than 10 feet in width and 20 feet in depth exclusive of accessways and driveways in any parking area with 50 or fewer parking spaces total. In parking areas with over 50 parking spaces total, the stall sizes may be reduced to a minimum of 9 1/2 feet wide and 19 feet deep.

[Amended 6-25-2020 by L.L. No. 3-2020]

Off-street parking areas for nonresidential uses shall provide drive aisles with a minimum width of 24 feet for two-lane traffic and 18 feet for one lane traffic.

Off-street parking areas with a capacity for more than 20 vehicles shall delineate fire lanes and post no-parking markers at the direction of the Town Fire Marshal. Designated fire lanes shall be a minimum of 30 feet in width.

Any off-street parking area shall provide designated handicapped parking spaces in compliance with current ADA design regulations.

All off-street parking space shall be deemed to be required space on the lot on which it is situated and shall not be encroached upon or reduced in any manner.

(6)

All parking areas, passageways and driveways (except where provided in connection with one- and two-family dwellings or farm residences and buildings) shall be adequately drained and surfaced with a dustless, durable, all-weather surface, subject to approval of the Town Board.

(7)

Each off-street parking space shall be so designed, maintained and regulated that no parking or maneuvering incidental to parking shall be on any public street, walk or alley and so that any motor vehicle may be parked and unparked without moving or damaging another.

(8)

The collective provision of off-street parking areas by two or more buildings or uses located on adjacent lots may be approved by the Planning Board, provided that the total of such facilities shall not be less than the sum required of the various buildings or uses computed separately.

(9)

No driveway to an off-street parking area shall be located closer than 50 feet to the intersection of any two streets or within 20 feet of any side lot line, provided that sufficient distance will always remain for all required radii for said driveway. The distance from the driveway to the intersection shall be measured by extending the curbline of the intersecting street until it intersects the curbline, extended if necessary, of the driveway in question. In addition, a minimum distance of 20 feet shall be maintained between two driveways located on any one frontage.

(10)

Except where otherwise specified in this chapter, off-street parking areas and associated drive aisles may be located in any yard space for nonresidential uses but shall not be located closer than 40 feet to the right-of-way line of all streets and no closer than 10 feet to any other property line.

(11)

Off-street parking stalls shall have 90° orientation with two-lane aisles for all parking areas with over 50 total parking spaces. Parking areas with 50 total parking spaces or fewer may have a 60° angled parking with approval of the Planning Board.

[Amended 6-25-2020 by L.L. No. 3-2020]

(12)

Off-street parking stalls adjacent to buildings or structures shall be no closer than 10 feet to any portion of the building or structure, and must have a barrier consisting of parking bumpers or curbing. Isolated building entry vestibules and canopies may extend to within four feet of the parking area.

Location of off-street parking facilities. Off-street parking facilities shall be located as hereinafter specified. Where a distance is specified, such distance shall be walking distance measured from the nearest point of the parking facility to the nearest public entrance of the building that such facility is required to serve.

For one- and two-family dwellings and for all types of residential structures, off-street parking facilities shall be located on the same lot with the building they are required to serve.

For multiple-family dwellings, off-street parking facilities shall be located not more than 200 feet from the building they are required to serve.

For other uses, off-street parking facilities shall be located not more than 500 feet from the building they are required to serve.

Screening and landscaping.

Off-street parking areas for five vehicles or more shall be effectively screened on the rear and side yards by a fence of acceptable design, unpierced masonry wall, landscaped berm or compact evergreen hedge. Such fence, wall or hedge shall not be less than six feet in height and shall be maintained in good condition.

[Amended 6-25-2020 by L.L. No. 3-2020]

Except where otherwise specified in this chapter, when a parking area for five or more vehicles is within or abuts a residential district, a planted buffer area not less than 10 feet in depth shall be provided in addition to the fence or wall specified in Subsection C(1) above. Landscaping utilized to provide this buffer shall not be less than four feet in height at the time of planting and spaced not more than three feet apart.

Lighting.

All off-street parking areas and appurtenant passageways and driveways (excluding areas serving one- and two-family dwellings and farm dwellings) shall be illuminated adequately during the hours between sunset and sunrise when the use is in operation.

Any lights used to illuminate an off-street parking area shall be so arranged as to reflect the light away from all adjoining property.

Units of measurement.

In churches and other places of assembly in which patrons or spectators occupy benches, bleachers, pews or other similar seating facilities, each 20 inches of such seating facilities shall be counted as one seat for the purpose of determining requirements for off-street parking facilities.

When units of measurement determining the number of required parking spaces result in the requirement of a fractional space, any fraction shall require one parking space.

Mixed occupancies and uses not specified. In any case of mixed uses, the total requirements for off-street parking facilities shall be the sum of the requirements for the various uses computed separately. In the case of a use not specifically mentioned in this section, the requirements for off-street parking facilities shall be determined by the Town Planning Board. Off-street parking facilities for one use shall not be considered as providing required parking facilities for any other use, except as hereinafter specified for joint use.

Joint use. The off-street parking requirements of two or more uses, structures or parcels of land may be satisfied by the same parking or loading space used jointly to the extent that it can be shown by the owners or operators of the uses, structures or parcels that their operations and parking needs do not overlap in point in time. If the uses, structures or parcels are under separate ownership, the right to joint use of the parking space must be evidenced by a deed, lease, contract or other appropriate written document to establish the joint use.

Required off-street parking space. Required off-street parking space for specific uses as regulated in this chapter is contained in Schedule III, which is part of this chapter.[2]

[2]

Editor's Note: Schedule III is included as an attachment to this chapter.

Editor's Note: Schedule III is included as an attachment to this chapter.

§ 300-189 Loading regulations.

For every building, structure or part thereof having more than 4,000 square feet of gross building area erected and occupied for commerce and industry, as well as other uses requiring the receipt and distribution of materials and merchandise by vehicles, adequate space for loading and unloading services shall be provided and permanently maintained in order to avoid undue interference with the public use of streets, alleys or parking areas.

Every building, structure or addition thereto having a use which complies with the above definition shall be provided with at least one truck standing, loading and unloading space on the premises not less than 12 feet in width, 55 feet in length and 14 feet in height. One additional truck space of these dimensions shall be provided for every additional 20,000 square feet or fraction thereof of gross area in the building.

Required off-street loading space is not to be included as off-street parking space in the computation of required off-street parking area.

§ 300-190 Access control.

In order to encourage the sound development of street frontage, the following special regulations shall apply to all nonresidential buildings and uses:

Each separate use, grouping of attached buildings or groupings of permitted uses shall not have more than one point of access.

The use of common access points by two or more permitted uses shall be encouraged by the Town Board in order to reduce the number and closeness of access points along the streets and to encourage the fronting of significant traffic generating uses upon a parallel access street and not directly upon a primary road.

Access points for industrial uses shall not be less than 24 feet nor more than 40 feet in width. All other access points shall not be less than 20 feet nor more than 30 feet in width.[1]

Editor's Note: Original § 135-168 of the 1986 Code, Private swimming pools, which immediately followed this section, was repealed 6-25-2020 by L.L. No. 3-2020.

§ 300-191 Salvage, recycling, screening, processing and composting.

Legislative intent.

A clean, wholesome, attractive environment is declared to be of importance to the health and safety of the inhabitants of the Town of Macedon and the safeguarding of their material rights against unwarranted invasion, and in addition, such an environment is deemed essential to the maintenance and continued development of the economy of the Town and the general welfare of its citizens.

It is further declared that the unrestrained accumulation of unregistered motor vehicles and other secondhand or used property is a hazard to such health, safety and welfare of the citizens of the Town, necessitating the regulation, restraint and eliminating thereof.

At the same time, it is recognized that the maintenance of salvage and recycling operations, as hereinafter defined, are useful and necessary businesses when not in conflict with the requirements of this section.

Permit required. No person shall operate, establish or maintain a salvage, recycling, screening, processing and composting (SRSPC) operation until he has obtained a special use permit pertaining to a site in a SRSPC Overlay District, which special use permit shall require annual renewal in accordance with the provisions of this section.

Location. A SRSPC operation shall only be located in the SRSPC Overlay District, as may hereinafter appear on the Zoning Map of the Town of Macedon.[1] The Salvage and Recycling Overlay District may be located only in the AR-40 District (Agricultural/Residential) or the ORM District (Office/Research/Manufacturing) and shall allow uses permitted in the primary district and SRSPC operations permitted in accordance with this section.

Editor's Note: The Zoning Map is included as an attachment to this chapter.

Rezoning procedure. The procedures for amendments to this chapter specified in § 300-6 shall be superseded by the procedures enumerated below in order for the Town Board to consider the location of a SRSPC Overlay District:

A request to establish a SRSPC Overlay District shall be made to the Town Board by filing an application for rezoning, which includes a sketch plan and a completed long form environmental assessment form (EAF) with the Town Clerk. The Town Clerk shall refer the request to the Planning Board for consideration.

The applicant shall first meet with the Planning Board to discuss design and development objectives. At this meeting, the applicant shall provide a written description of how the proposed rezoning would be integrated with and relate to neighboring land uses, site development constraints and the availability of public facilities and services. The concept plan shall be of the entire area proposed for rezoning, drawn to scale with a total holding map, and shall include the following information:

(a)

The principal physical characteristics of the area, including an analysis of the soils and subsoils and the location of major stands of trees, streams, floodplains, wetlands and rock outcroppings.

(b)

The topography of the site with contour intervals of not more than five feet of elevation, portions of the area with moderate to high susceptibility to erosion, flooding or ponding and a preliminary grading plan with five-foot contour intervals.

(c)

A written analysis of the relationship of the site proposed for rezoning to existing land use and zoning regulations within 1,000 feet of such site, including the identification of any significant parcels of vacant land and the character of nearby built-up areas.

(d)

A written statement by the applicant setting forth the reasons why the proposed rezoning would be advantageous to and in the best interests of the Town of Macedon.

(e)

Any other information or documentation which the applicant deems necessary to support this application.

Within 90 days of the receipt of the sketch plan, EAF and supporting documents, the Planning Board shall submit a written report to the Town Board. The Planning Board shall hold a public hearing on the sketch plan to assist it in the preparation of its report. If no report has been rendered within the ninety-day period, unless such time limit has been extended by formal action of the Town Board at the request of the Planning Board, the applicant may proceed to meet with the Town Board and request that a public hearing be scheduled on the rezoning.

(a)

A favorable report from the Planning Board shall be based on the following findings, which shall be included as part of the report:

The proposal implements the goals and policies of the Master Plan of the Town of Macedon.

[2]

The sketch plan meets all of the requirements of this chapter.

[3]

The proposal is conceptually sound in that it meets a community need and conforms to accepted design standards for the proposed roadway system, land use configuration, open space and drainage systems.

[4]

Adequate water and sewer services and utilities are available or proposed to be made available in order to properly serve the proposed operation.

(b)

An unfavorable report shall state clearly the basis for its conclusions.

Upon receipt of a report from the Planning Board, the Town Board shall consider the application for the establishment of a SRSPC Overlay District in the same manner as any other application for amendment of the Zoning Map.

If the Town Board approves the establishment of a SRSPC Overlay District, the Zoning Map shall be so amended.

Application procedure for special use permit. Application for a SRSPC special use permit shall be made in accordance with the special use permit procedures set out in Article XXI of this chapter. The application shall be made in writing to the Town Board and shall be accompanied by written confirmation from the Zoning Officer that the proposed location is within a district permitting such uses.

Special use permit standards. The SRSPC uses specified in this chapter are hereby declared to possess unique characteristics requiring that each proposal for any such use shall be considered by the Town Board as an individual case. Upon application complying with the requirements of this section, salvage and recycling permits may be approved by the Town Board and issued by the Zoning Officer after referral to and recommendation from the Town Planning Board and only after the Town Board has found that each and all of the following standards have been met:

The proposed SRSPC operation is consistent with the general intent of the Town's Master Plan and with each of the specific purposes set forth therein.

There is a minimum land area of 10 acres located within the SRSPC Overlay District and particularized by a legal description.

The location, size and use of the structures involved, nature and intensity of the operations involved and size and layout of the site in relation to the proposed SRSPC operation are such that it will be compatible with the orderly development of the uses permitted in the district.

Operation of the proposed SRSPC operation is no more objectionable to the uses of nearby properties, by reason of dust or smoke emission, noise, odors, fumes, pollution of air or water, including subsurface waters, unsightliness or similar conditions, than would be the operation of any permitted use.

Except as provided in Subsection F(6), operation shall be completely surrounded with a fence at least eight feet in height that substantially screens the area, secured with a suitable gate that shall be closed and locked except during the working hours of such operation or when the applicant or his agent shall be within. All motor vehicles and parts thereof and all secondhand or used property, stored or deposited by the applicant shall be kept within the enclosure of the operation, except if removal shall be necessary for the transportation of the same in the reasonable course of business. All wrecking or other work on such motor vehicles and parts and other secondhand or used property as hereinabove defined shall be accomplished with the enclosure. Where the topography, natural growth of timber or other considerations accomplish the purpose of this subsection, in whole or part, the fencing requirements may be reduced by the Town Board, upon granting the special permit; provided, however, that such natural barrier achieves the purpose of this subsection.

(6)

Operations abutting a residential uses shall be screened from such uses by a buffer area not less than 20 feet in depth composed of densely planted evergreen shrubbery, solid fencing or a combination of both which, in the opinion of the Town Board, will be adequate to prevent the transmission of headlight glare across the district boundary line. The Town Board shall determine on an individual case basis how close to the right-of-way the landscaped buffer shall be required to be installed. Such buffer screen shall have a minimum height of six feet above the ground. If said shrubbery becomes decayed and fails to provide an adequate screen, the Zoning Officer shall direct the property owner to replace said shrubs.

(7)

The first 200 feet of entrance to the site traveled by motor vehicles shall be hard surfaced.

(8)

No building or structure, including gasoline pumps, tanks or automotive service appliances, shall be erected within 75 feet of any property line for SRSPC operations.

(9)

For SRSPC operations involving more than screening, processing or composting, all unregistered vehicles shall be stored inside a fully enclosed fenced area at all times.

(10)

No SRSPC operation involving more than screening, processing or composting, including any driveway to such uses, shall be established within 1,500 feet of any residential structure, or 1,500 feet of any school, church, park, playground, hospital, public library, institution for dependent children or any place of public assembly designed for the simultaneous use of 100 persons or more or within 600 feet of any designated wetlands area.

(11)

No salvage and recycling operation limited to screening, processing or composting, including any driveway to such uses, shall be established within 300 feet of any residential structure or 1,500 feet of any school, church, park, playground, hospital, public library, institution for dependent children or any place of public assembly designed for the simultaneous use of 100 persons or more or within 600 feet of any designated wetlands area.

(12)

The Town Board may impose additional conditions or restrictions as it may deem necessary prior to approving any SRSPC operation application in order to protect public health and safety, the quality of the Town's natural resource base and the value of property. The Zoning Officer shall make an on-site visit to each property authorized as a SRSPC operation not less than one time each year. The purpose of said site visit is to verify that the use is being operated in accord with the conditions specified by the Town Board.

Hearing.

A hearing on the application shall be held by the Town Board within the Town not less than 45 days from the date of the receipt of a recommendation on the application from the Town Planning Board and County Planning Board, if required. Notice of the hearing shall be given the applicant by mail, postage prepaid, to the address given in the application and shall be published once in the newspaper having a circulation within the Town, which publication shall be not less than 10 days before the date of the hearing.

At the time and place set for hearing, the Town Board shall hear the applicant and all other persons wishing to be heard on the application for approval for the establishment of the operation. In considering such application, the Town Board shall take into account, after proof of legal ownership or right to such use of the property for the approval period, the nature and development of surrounding property, such as the proximity of wetlands, churches, schools, hospitals, public buildings or other places of public gathering, and whether or not the proposed location can be reasonably protected from affecting the public health and safety by reason of offensive or unhealthy odors or smoke or other causes.

At the hearing regarding establishment of the SRSPC operation, the Town Board may also take into account the clean, wholesome and attractive environment that has been declared to be of vital importance to the continued welfare of its citizens by considering whether or not the proposed location can be reasonably protected from having an unfavorable effect thereon. In this connection, the Town Board may consider collectively the type of road servicing the operation or from which the operation may be seen, the natural or artificial barriers protecting the operation from view, the proximity of the proposed operation to established residential and recreational areas or main access routes thereto, as well as the reasonable availability of other suitable sites for the salvage and/or recycling operation.

At the time and place set for hearing, the Town Board shall hear the applicant and all other persons wishing to be heard on the application for approval to operate, establish or maintain the SRSPC operation. In considering such application, it shall take into account the suitability of the applicant with reference to his ability to comply with the requirements and conditions set forth in this chapter and other reasonable regulations concerning the proposed operation, and any record of convictions for any type of larceny or receiving of stolen goods and any other matter within the purview of this chapter.

Grant or denial of application; appeal. After the hearing, the Town Board shall endeavor, within 45 days, to make a finding as to whether or not the application should be granted, giving notice of their findings to the applicant by mail, postage prepaid, to the address given on the application. If approved, the permit, including the site plan approval of location, shall be forthwith issued to remain in effect for a period of one year from the date of issuance. Approval shall be personal to the applicant and not assignable without prior consent of the Town Board. Permits shall be renewed thereafter upon payment of the annual license fee without hearing, provided that all provisions of this chapter are complied with during the permit period, the SRSPC operation does not become a public nuisance under the common law or local regulations and the applicant is not convicted of a larceny or the receiving of stolen goods.

Permit fees. The annual permit fee shall be determined by the effective Fee Schedule[2] and to be paid at the time the application is made and annually thereafter in the event of renewal. In the event that the application is not granted, the fee shall be returned to the applicant. In addition to the permit fee, the applicant shall pay to the Town the cost of advertising such application and such other reasonable costs incident to the hearing as are clearly attributable thereto and shall be paid to the Town Clerk prior to the publication of the notice of hearing.

[2]

Editor's Note: The Fee Schedule is on file in the Clerk's office.

Penalties for offenses. If the Zoning Officer shall determine that a violation of this article or the conditions imposed by the Town Board exists:

The owner or licensee of any such place of business who commits or permits any acts in violation of any of the provisions of this chapter shall be deemed to have committed an offense, and also shall be liable for any such violation and the penalty therefor. Each day such violation shall continue or be permitted to exist shall constitute a separate violation.

For every violation of any provision of this chapter, the persons violating same shall be subject to the penalties provided in Chapter 1, General Provisions, Article I and in addition may be ordered to pay all costs and expenses involved in the case, including reasonable prosecution expenses.

[Amended 3-28-1996 by L.L. No. 2-1996]

Conviction for any of the above-mentioned violations shall constitute and effect an immediate forfeiture of the license.

Any person violating this chapter, in addition, shall be subject to a civil penalty enforceable and collectible by the Town in the amount of $100 for each such offense. Such penalty shall be collectible by and in the name of the Town of each day that such violation shall continue.