The uses specified in this article are hereby declared to possess unique characteristics requiring that each proposal for any such use shall be considered by the Planning Board as an individual case. Upon submission of an application complying with the requirements of Article V, special use permits may be approved by the Planning Board and issued by the Zoning Officer in accordance with the administrative procedures set forth in Article V and only after it has found that each and all of the following standards have been met:
A.
The proposed special use is consistent with the general intent of
the Hamlet's Master Plan and with each of the specific purposes set
forth in this chapter.
B.
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 special use are such that it will be compatible
with the orderly development of the use district.
C.
The operation of the proposed special use 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.
D.
The proposed special use satisfies each and all standards and conditions
specified for such special use by the relevant provisions of this
article.
E.
The Planning Board may impose additional conditions or restrictions
as it may deem necessary prior to approving any special use permit
application in order to protect public health and safety, the quality
of the Hamlet's natural resource base and the value of property. The
Zoning Officer shall make an on-site visit to each property authorized
as a special use not less than one time each year. The purpose of
said site visit is to ensure that the use is being operated in accord
with the conditions specified by the Planning Board. If the Zoning
Officer shall determine that a violation of this chapter or the conditions
imposed by the Planning Board exists, the certificate of occupancy
and/or certificate of compliance shall be null and void. A new special
use permit application shall be required to be submitted and approved
prior to the reestablishment of said use.
F.
No site preparation or construction shall commence nor shall existing
structures be occupied for any special permit use until final site
plan approval has been granted by the Planning Board and permits have
been issued by all governmental agencies involved.
A.
Essential services as defined in § 301-9 herein may be allowed as a special permit use in any zone district upon the approval of a special use permit by the Planning Board.
B.
The Planning Board shall determine the following prior to approving
a special use permit:
(1)
The proposed installation in a specific location is necessary and
convenient for the efficiency of the essential service or the satisfactory
and convenient provision of service to the area in which the particular
use is located.
(2)
The design of any building in connection with such facility shall
conform to the general character of the area and will not adversely
affect the safe and comfortable enjoyment of property rights in the
district in which it is to be located.
(3)
Adequate and attractive fences and other safety devices will be provided.
(4)
A buffer strip not less than 15 feet in depth shall be provided around
the perimeter of the property proposed for such use.
(5)
Adequate off-street parking shall be provided.
(6)
All other applicable requirements of this chapter shall be met.
The Planning Board may approve a special use permit for motor
vehicle service stations and motor vehicle repair shops in the C Commercial
and I Industrial Districts, provided that the following standards
and conditions are maintained:
A.
In addition to the information required in the special permit application and enumerated in Article V, the site plan submitted shall also show the location and number of fuel tanks to be installed, the dimensions and capacity of each storage tank, the depth the tanks will be placed below the ground, and number and location of fuel pumps to be installed.
B.
Such uses shall be screened from adjacent uses by a buffer area not
less than 10 feet in depth composed of densely planted evergreen shrubbery,
solid fencing, or a combination of both, which, in the opinion of
the Planning Board, will be adequate to prevent the transmission of
headlight glare across the district boundary line. The Planning Board
shall determine on an case-by-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.
C.
The entire area of the site traveled by motor vehicles shall be hard-surfaced.
D.
All repairs of motor vehicles, except for minor servicing, shall
be performed in a fully enclosed building. No motor vehicle parts
or partially dismantled motor vehicles shall be stored outside of
an enclosed building.
E.
Motor vehicle service stations may include facilities for the sale
of food, household items and convenience merchandise, provided that
the sale of such items takes place entirely within an enclosed building.
F.
No commercial parking shall be allowed on the premises of a motor
vehicle service station or motor vehicle repair shop.
G.
Accessory goods for sale may be displayed on the pump island and
the building island only. The outdoor display of oil cans and/or antifreeze
and similar products may be displayed on the respective island if
provided for in a suitable stand or rack.
H.
No building or structure, including gasoline pump or motor vehicle
service appliances, shall be erected within 40 feet of any street
line.
I.
No motor vehicle service station or motor vehicle repair shop may
sell vehicles.
J.
No motor vehicle service station or motor vehicle repair shop shall
have more than two driveways on any public street fronting the site.
The driveway width on any street shall not exceed 1/3 of the total
site frontage on each street.
K.
No driveway shall be closer than 50 feet to the intersection of two
street corner lot lines, or within 20 feet of an adjacent lot line.
L.
No motor vehicle service station or motor vehicle repair shop and
no driveway to any such use shall be established within 200 feet of
the boundary line of any Residential District, or 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, regardless of the district in which the
subject premises are located. For the purposes of this subsection,
the distance shall be measured along the street line on the side of
the street where such use is proposed or such driveway would cross.
M.
No motor vehicle service station and/or motor vehicle repair shop
shall be established on a lot that is within a one-thousand-foot radius
of any other motor vehicle service station and/or motor vehicle repair
shop.
The Planning Board may approve a special use permit for public
and semi-public uses of an institutional, health, educational, recreational,
religious or cultural nature in the R-1 and R-2 Residential Districts,
provided that the following standards and provisions are maintained:
A.
A statement setting forth the details of the operation of the use.
B.
The applicant shall provide the Planning Board with evidence of approval,
certificate of need, license or other similar document required to
initiate or expand such a use from any and all appropriate regulating
agencies.
C.
The proposal shall meet the minimum area and yard requirements for
such uses as specified in the Zoning Bulk and Use Table included as
an attachment to this chapter.
D.
The proposed use shall meet the minimum off-street parking and loading
and unloading requirements of this chapter as well as provisions for
landscaping, buffering, signs and accessways.
E.
The Planning Board, in considering the request for a special use
permit, may impose conditions it deems necessary to protect the health,
safety and public welfare of the Hamlet.
The Planning Board may approve a special use permit for multiple-family
developments in the R-2, R-3, and WMU Districts, provided that the
following standards and provisions are maintained:
A.
No site preparation or construction shall commence nor shall existing
structures be occupied until final site plan approval has been granted
by the Planning Board and permits have been issued by all governmental
agencies involved.
C.
The maximum density of residential development per gross acre of
land (including roadways, pedestrian walkways, common recreation and
off-street parking areas, open areas and all nonresidential areas)
shall not exceed the following:
E.
Unit distribution. No more than 30% of the total units within a multiple-family
dwelling development shall be efficiency units.
F.
Setback requirements. Minimum area and yard requirements for each
multiple-family structure within a multiple-family development shall
be as follows:
(1)
Setback. No building shall be closer than 40 feet to any street or
public right-of-way or 20 feet to any other property line. The Planning
Board may require a greater setback when the proposed development
site abuts a C Commercial or I Industrial District.
(2)
Minimum distance between buildings: 25 feet.
(3)
Direct line-of-sight visibility from one building to another shall
not be less than 50 feet.
(4)
Every building shall have a minimum setback of 20 feet from all interior
roads, driveways and parking areas.
(5)
A strip of land at least six feet in width surrounding each building
shall be kept completely open except for foundation plantings of less
than six feet in height.
(6)
Courts bounded on three sides by the wings of a single building or
by the walls of separate buildings shall have a minimum width of two
feet for each one foot in height of the tallest adjacent building.
G.
No exterior wall shall exceed 100 feet in length unless there is
a lateral offset of at least eight feet in its alignment not less
frequently than along each 100 feet of length of such exterior wall.
H.
All stairways to the second floor or higher shall be located inside
the building.
I.
Access to public road.
(1)
All multiple-family dwelling developments shall have direct access
to a public road.
(2)
If there are more than 50 dwelling units in a multiple-family dwelling
development, direct access must be provided to a public road by a
private driveway or a road dedicated to the Town by the developer.
(3)
If there are more than 50 dwelling units in a multiple-family development,
or if in the opinion of the Planning Board the location or topography
of the site indicates the need for additional access, the Planning
Board may require such additional access as a condition of site plan
approval.
J.
Requirements for off-street parking as provided in Article XI of this chapter shall be met, except that the location of off-street parking lots may be modified to conform with the approved site plan, provided that off-street parking shall not be located within the front yard or the required side yard setback. Paved pedestrian walkways, with appropriate lighting, shall be provided from off-street parking areas to all living units each parking area is intended to serve.
K.
The aggregate lot coverage of multiple-family dwelling developments
shall not exceed 30% of the total lot area.
L.
No structure in a multiple-family development shall exceed 35 feet
in height in R-2 Districts or 70 feet in R-3 and WMU Districts.
M.
Services.
(1)
Each dwelling unit shall contain complete kitchen facilities, toilet,
bathing and sleeping facilities.
(2)
There shall be a minimum common storage area in each building for
bicycles, strollers and similar types of equipment, of 40 square feet
in area, a minimum of five feet in height and not less than four feet
in width per dwelling unit.
(3)
Sufficient laundry, drying, garbage pick-up and other utility areas
shall be provided and shall be located with a view both to convenience
and to minimizing the detrimental effect on the aesthetic character
of the building(s) and shall be enclosed and shielded from view by
fencing, walls or shrubbery of at least six feet in height around
the perimeter. Fencing and walls shall be not more than 50% open on
the vertical surface.
N.
Recreation and open space; maintenance.
(1)
Multiple-family dwelling developments shall be designed to create
usable private open space. A minimum of 10% of the total tract area,
exclusive of the required setback areas, buffer strip and parking
areas, shall be designated for common recreational purposes.
(2)
No recreational area shall be less than 10,000 square feet in area
nor less than 100 feet in width. Areas designated for recreation purposes
shall be approved by the Planning Board.
(3)
Multiple-family dwelling developments shall be attractively landscaped
and properly maintained. Open space adjacent to, around, or between
driveways, parking areas, structures or other required improvements
shall be graded and seeded to provide a thick stand of grass or other
plant material.
(4)
Multiple-family developments shall be constructed in accord with
the site plan approved by the Town and shall be designed to ensure
adequate provisions for drainage and stormwater run-off.
O.
Utilities.
(1)
All public utility, electric, gas, cable television and telephone
lines shall be installed underground.
(2)
Multiple-family developments shall be served exclusively by public
water and sanitary sewer services. Connections to existing supply
and disposal systems shall be approved by the New York State Department
of Health or other authorities having jurisdiction thereof.
The Planning Board may approve a special use permit for townhouse
clusters or developments in the R-2, R-3, and WMU Residential Districts,
provided that the following standards and provisions are maintained:
A.
General requirements. No site preparation or construction shall commence
nor shall existing structures be occupied until final site plan approval
has been granted by the Planning Board and permits have been issued
by all governmental agencies involved. The following general requirements
and standards shall govern the review and approval of site plans for
townhouse clusters or developments.
(1)
Each townhouse dwelling unit shall be located, constructed and served
by public facilities and services and utilities in such fashion that
each dwelling unit may be sold individually.
(2)
Each individual dwelling unit in a townhouse cluster shall be separated
from other such dwelling units by a firewall. Such firewall shall
be of masonry construction, shall extend from the foundation to the
roof and shall be unpierced.
(3)
Natural features, including streams, drainageways and existing trees,
shall be preserved and incorporated in the landscaping of the development.
(4)
All utility lines which provide electric, gas, telephone, television
or other similar services shall be installed underground. Surface-mounted
equipment shall be located in a manner so as to minimize potential
conflict with other uses and activities.
(5)
Plans submitted for townhouse developments shall identify areas proposed
for dedication to the Town, areas to be held in common ownership and
property to be owned by individuals.
(6)
Common property shall, except when accepted by the Town Board for
dedication, be privately owned. Where property is to remain in common
ownership, the developer shall provide for and establish an organization
for the ownership and maintenance of such common property. Rules and
regulations proposed to govern the operation and maintenance of all
common property shall be submitted for review and approval by the
Town Board. Common property shall not be changed from its status or
use as common property without specific authorization of the Town
Board. In reviewing proposals for the establishment of organizations
to govern the ownership and maintenance of any common property, the
Town Board shall consider and determine the adequacy of:
(a)
The timetable for the creation of the organization.
(b)
The requirements for membership in the organization by residents.
(c)
The safeguards to ensure the continuance of the common property
as common property.
(d)
The liability of the organization for insurance, taxes and maintenance
of all facilities.
(e)
The provision for pro-rata sharing of costs and assessments.
(f)
The financial capacity of the organization to maintain and administer
common facilities.
(g)
The proposed relationship between the developer and the organization
and the plan to turn over the responsibility for the maintenance and
administration of common facilities to the organization.
B.
Minimum standards for townhouse clusters or developments.
(2)
Densities. The maximum density of residential development per gross
acre of land (including roadways, pedestrian walkways, common recreation
and off-street parking areas, open areas and all nonresidential areas)
for townhouse clusters and developments shall not exceed the following:
(3)
Open space. Not less than 25% of the land area within a townhouse
cluster or development, excluding parking areas and vehicle access
facilities, shall be developed and maintained as open space for the
use and enjoyment of residents of said cluster or development and
their guests.
(4)
Lot coverage. The coverage of all buildings and structures within
a townhouse cluster or development shall not exceed 25% of the area
of the tract.
(5)
Building height. No townhouse building shall exceed 32 feet in height.
(6)
Distance between buildings. The minimum distance between a townhouse
dwelling building and any other structure, including a swimming pool,
shall not be less than 25 feet.
(7)
Setbacks. No minimum front, side or rear setbacks shall be required
within a townhouse cluster or development except when dwelling units
are positioned relative to a public street. Where a structure faces
or abuts a public street, no part of the structure shall be located
closer than 40 feet to the public right-of-way. No structure shall
be set back less than 20 feet from any common parking area or a property
line which serves as a boundary between the townhouse cluster or development
and adjacent residential uses.
(8)
Setbacks from other districts. No structure within a townhouse cluster
or development shall be located closer than 20 feet to any Residential
District boundary line. This setback shall be increased to 50 feet
where the zone district boundary line abuts a C Commercial or I Industrial
District.
C.
Building standards.
(1)
No more than eight townhouse dwelling units shall be included in
a single dwelling building.
(2)
No building shall exceed a maximum length of 240 feet on any exterior
facade.
(3)
Townhouse dwelling buildings shall be related to one another in design,
building mass, materials and placement to provide a visually and physically
integrated development.
(4)
The treatment of the sides and rear facades of all buildings in a
development shall be comparable in amenity and appearance to the treatment
of any building façade which faces a public street, and complementary
in architectural design to adjacent residential structures.
(5)
Building walls shall be oriented so as to ensure adequate exposure
of light and air to each dwelling unit and to the rooms within.
(6)
Buildings shall be arranged so as to preserve visual and audible
privacy between each townhouse dwelling unit and adjacent townhouse
buildings.
(7)
Building entranceways of adjacent dwelling units in the same structure
shall be designed to ensure the privacy of occupants. This may be
accomplished by varying the setbacks of entranceways or by providing
screening or landscaped plantings, as appropriate.
(8)
Building entranceways shall be provided with appropriate illumination
for the convenience and safety of residents. Such lighting shall be
shielded to avoid glare disturbing other properties.
(9)
All townhouse dwelling units shall include ground-floor living space.
The location of an enclosed garage shall not qualify as meeting this
requirement.
D.
Townhouse parking standards.
(1)
No less than two off-street parking spaces shall be provided for
each townhouse dwelling unit.
(2)
The developer may meet the requirements for off-street parking by
providing parking spaces in an enclosed garage plus any combination
of spaces on private driveways and/or in a common parking lot.
(3)
No common off-street parking lot or outdoor storage area shall be
located closer than 25 feet to any adjacent property.
(4)
All off-street parking areas shall be privately owned and maintained.
(5)
Common off-street parking facilities shall be landscaped and screened
from public view to the extent necessary to eliminate unsightliness
and the monotony of parked cars.
(6)
Common off-street parking areas shall be designed with careful regard
to orderly arrangement, topography, landscaping, ease of access and
shall be developed as an integral part of the overall site plan.
(7)
Common off-street parking areas shall be provided with suitable lighting
for the convenience and security of residents, but positioned and
shielded to minimize glare and potential inconvenience to residents
of the townhouse cluster or development and adjacent properties.
E.
Size of townhouse dwelling units.
(1)
The gross habitable floor area for all townhouse dwelling units shall
conform to the minimum requirements specified in Schedule I, included
as an attachment to this chapter.
(2)
Setbacks from other districts. No structure within a townhouse cluster
or development shall be located closer than 20 feet to any Residential
District boundary line. This setback shall be increased to 50 feet
where the zone district boundary line abuts a C Commercial or I Industrial
District.
F.
Landscape site design standards.
(1)
Landscaping shall be provided along and adjacent to all streets,
common driveway areas and common off-street parking areas. Landscaping
treatments shall be designed, coordinated and installed in accordance
with the site plan approved by the Planning Board.
(2)
Landscape treatment shall consist of shrubs, ground cover and street
trees and shall be designed and installed to provide an attractive
development pattern. Landscape materials selected should be appropriate
to the growing conditions of the local environment.
(3)
Whenever possible, existing trees shall be conserved and integrated
into the landscape design plan.
(4)
All landscaping, except for trees, shrubs and grasses either existing
or to be installed within the public right-of-way, shall be privately
owned and maintained.
G.
Site circulation system design standards.
H.
Miscellaneous townhouse regulations.
(1)
No signs shall be permitted in a townhouse cluster or development
except for a single illuminated, nonflashing nameplate sign not more
than two square feet in area attached to the townhouse dwelling unit
and bearing only the street number of the dwelling.
(2)
One temporary advertising ground-type sign pertaining only to the
sale of a townhouse dwelling unit shall be permitted, provided that
such sign shall not exceed six square feet in area. Such signs shall
be located not more than 10 feet from the front entrance to the townhouse
dwelling unit which is for sale and shall be removed within seven
days after the execution of any agreement for the sale of the premises.
(3)
All fencing of common areas shall be shown on the site plan approved
by the Planning Board.
(4)
Individual owners may erect privacy fences to enclose outdoor areas
of individual dwelling units. Such fences may be up to six feet above
ground level, provided that such fencing is located not less than
15 feet from a public street, common off-street parking or storage
area, or vehicular accessway thereto. Fencing which is closer than
15 feet to a public street, or common off-street parking or storage
area or vehicular accessway thereto shall not exceed three feet above
ground level.
(5)
Except for land which is owned in common, no property owner shall
erect or place an accessory building or structure on the premises.
(6)
The storage of any unregistered vehicles or other similar equipment
out-of-doors overnight shall be prohibited, except in a common parking
area.
I.
Special accessory uses. The following special accessory uses may
be established for the common and exclusive use of owners of townhouse
residences and their guests. Such special accessory uses shall be
operated on a not-for-profit basis and subject to the approval of
the Planning Board.
(1)
Recreational facilities such as open or enclosed tennis courts, exercise
facilities, picnic area, gazebos, or swimming pools as regulated therein.
(2)
One structure to house maintenance shops and vehicles to be used
exclusively for the maintenance and management of the townhouse development.
(3)
Common space for the exclusive use and convenience of residents of
the townhouse cluster or development and their guests to park vehicles.
Such common space shall be adequately landscaped and buffered so as
to screen the site from adjacent areas and uses.
The Planning Board may approve a special use permit for cluster
residential developments of single-family detached dwellings in the
R-1, R-2, and R-3 Residential Districts, provided that the following
standards and provisions are maintained:
A.
A site development plan shall be submitted in conformance with the requirements of Article V of this chapter.
B.
The minimum tract size shall be 15 acres.
C.
The lot size, yard, area and height requirements shall be established
on a case-by-case basis which reflects the unique conditions of each
site proposed for development, the potential impact on adjacent properties
and to ensure consistency with the Hamlet Master Plan.
D.
The number of lots or units (density of development) in a cluster
plan shall not exceed that which could be created under a conventional
development plan for the same tract of land.
E.
The developers shall set aside an area of not less than 20% of the
gross acreage of the tract to be devoted exclusively to permanent
recreation areas or open space.
F.
All recreation or open space areas shall, in the opinion of the Planning
Board, be suitable for such use. The ownership and future maintenance
of such recreation areas shall be subject to the approval of the Town
Board or offered for dedication to the Town.
The Planning Board may approve a special use permit for car
wash establishments, including both coin-operated vehicle washers
and automatic vehicle washers, in the C Commercial and I Industrial
Districts, provided that the following standards and provisions are
maintained:
A.
Coin-operated vehicle washers. These washers are intended to be those
where the vehicle operator washes the vehicle by using a hose which
is geared to a coin-operated, timed mechanism.
(1)
The vehicle washing facility or customary uses or operations associated
with the facility shall be located no closer than 300 feet to any
residential district and shall be separated from a residential district
by another nonresidential use.
(2)
All washing facilities shall be within a completely enclosed building,
which shall be designed in keeping with the facades of adjacent land
uses.
(3)
Vacuuming facilities may be located outside the building but shall
not be in the front yard and shall meet the respective setback requirements
required for the C Commercial or I Industrial Districts. Such area
shall be buffered or screened as deemed necessary by the Planning
Board.
(4)
Off-street parking shall be provided on the property in the ratio
of no less than four reservoir parking spaces entering each washing
stall and three reservoir parking spaces at the exit from each stall
plus one space per employee.
(5)
Adequate drainage facilities shall be provided and the site shall
be designed to limit standing water on-site.
(6)
All off-street parking areas shall be hard-surfaced and dust-free.
(7)
Any lights used to illuminate the area shall be directed away from
adjacent properties.
(8)
The hours of operation shall be determined by the Planning Board.
B.
Automatic vehicle washers. These vehicle washers are intended to
be those where the vehicle is either slowly driven through or pulled
through by an automatic chain mechanism. This vehicle washer is one
in which the vehicle operator does not perform any of the washing
function other than to drive the vehicle where necessary.
(1)
The vehicle washing facility and customary uses or operations associated
with the facility shall not be located closer than 500 feet to a residential
district and shall be separated from a residential district by at
least two other nonresidential uses.
(2)
All vehicle wash operations shall be so soundproofed, the entire
development shall be so arranged and the operations shall be so conducted
that the noise emanating therefrom, as measured from any point on
the adjacent property, shall be no more audible than the noise emanating
from the ordinary street traffic and from other commercial or industrial
uses measured at the same point on said adjacent property.
(3)
There shall be provided no fewer than 10 reservoir parking spaces
for the entrance to each washing area if there are two bays and seven
reservoir parking spaces if there are three or more bays and five
parking spaces at the exit of each washing area. One parking space
shall also be provided for each employee on the maximum shift.
(4)
Vacuuming facilities may be provided outside of the building but
shall meet the setback requirements as required for the C Commercial
or I Industrial District. Such area shall be buffered or screened
as deemed necessary by the Planning Board.
(5)
The only operations conducted on the property shall be the washing
of vehicles and vacuuming of interiors of vehicles.
(6)
Adequate drainage facilities shall be provided and the site shall
be designed to limit standing water on-site.
(7)
Any lighting shall be directed away from adjacent properties.
(8)
All off-street parking areas shall be hard-surfaced and dust-free.
(9)
All washing operations shall be conducted within enclosed structures,
which shall be externally designed to be in keeping with the exterior
facades of adjacent land uses.
C.
Operators of car wash establishments may be permitted to sell gasoline
on the site of the car wash property. The Planning Board, in considering
such a request, may require the operator to submit additional information
to adequately describe the location and operation of such activity
and, as a condition of granting such approval, may impose any conditions
it deems necessary to protect the health and safety of motorists and
potential adverse impacts of such use. Under no conditions shall the
operator be allowed to perform repairs to motor vehicles on the site.
Further, any merchandise available for sale shall be maintained within
a fully enclosed building.
The Planning Board may approve a home occupation in the R-1,
R-2, R-3 Residential and WMU Waterfront Mixed Use Districts, provided
that the following standards and provisions are maintained:
A.
No more than one person other than a member of the immediate family
occupying such dwelling shall be employed as part of the home occupation
or profession.
B.
A home occupation must be conducted within a dwelling which is bona
fide residence of the principal practitioner or in an accessory building
thereto which is normally associated with a residential use.
C.
In no way shall the appearance of the structure be altered or the
occupation within the residence be conducted in a manner which would
cause the premises to differ from this residential character either
by the use of colors, materials, construction, lighting, signs, or
the emission of sounds, noises or vibrations.
D.
No outdoor display of goods or outside storage of equipment or materials
used in the home occupation shall be permitted.
G.
No use shall create noise, dust, vibration, smell, smoke, glare,
electrical interference, fire hazard, or any other hazard or nuisance
to any greater or more frequent extent than that usually experienced
in an average residential occupancy in the district in question under
normal circumstances wherein no home occupation exists.
H.
Not more than one home occupation or home professional occupation
shall be permitted for each residential property.
I.
Home occupations or home professional occupations may occupy either
up to 30% of the gross floor area of the residence to be used for
the conduct of a home occupation or profession or up to 40% of the
floor area of an accessory structure, but not both.
The Planning Board may approve a rooming house in the R-2 Residential
Districts, provided that the following standards and provisions are
maintained:
A.
No rooming house shall provide shelter for more than four tenants
who are not family members.
B.
Off-street parking shall be provided as follows: at least two spaces
for the family residing on the premises plus not less than one additional
space for each roomer.
C.
One sign up to eight square feet in area may be permitted on the
premises. If freestanding, such sign shall not exceed four feet in
height. Such sign may not be illuminated, except indirectly.
D.
The Planning Board shall specify the minimum amount and location
of buffer screening to ensure that the use does not create a nuisance
for adjoining property owners.
The Planning Board may approve a windmill or wind generator
in the R-1 and R-2 Residential Districts, provided that the following
standards and provisions are maintained:
A.
In addition to the application requirements specified for site development permits in Article V, the site plan proposals for a windmill or wind generator shall also show:
(1)
Location of tower on-site and tower height, including blades, rotor
diameter and ground clearance.
(2)
All utility lines both above ground and below ground within a radius
equal to the proposed tower height, including blades.
(3)
Dimensional representation of the various structural components of
the tower construction, including the base and footings.
(4)
Design data indicating the basis of design, including manufacturer's
dimensional drawings, installation and operation instructions.
(5)
Certification by a registered professional engineer or manufacturer's
certification that the tower design is sufficient to withstand wind
load requirements for structures.
B.
No windmill, including blades, shall extend more than 75 feet above
the average ground level measured at the base of the tower.
C.
No more than one windmill or tower shall be permitted as an accessory
use to any property.
D.
No windmill shall be erected in any location where its overall height,
including blades, is greater than the distance from its base to any
property line.
E.
Access to the tower shall be limited either by means of a fence six
feet in height around the tower base with a locking portal or by limiting
tower climbing apparatus to no lower than 12 feet from the ground.
F.
No windmill shall be installed in any location along the major axis
of an existing microwave communications link where the operation of
the windmill is likely to produce an unacceptable level of electromagnetic
interference, unless the applicant provides sufficient evidence satisfactory
to the Planning Board indicating the degree of expected interference
and the possible effect on the microwave communications link.
G.
Windmills shall be located or installed in compliance with the guidelines
of the Federal Aviation Regulations with regard to airport approach
zones (15, 503) and clearance around VOR and DVOR stations.
H.
All sites proposed for windmills shall have sufficient access to
unimpeded airflow for adequate operation. The Siting Handbook for
Small Wind Energy Conversion Systems, PNL-2521, or other nationally
recognized reference should be used as a guide in siting the location
or towers.
I.
No windmill is to be interconnected to an electric utility distribution
system, the applicant shall provide evidence of approval of the proposed
interconnect by the local power company.
J.
If the windmill is to be interconnected to an electric utility distribution
system, the applicant shall provide evidence of approval of the proposed
interconnect by the local power company.
K.
Towers shall be located in either a rear yard or side yard. Applicants
seeking a side yard siting shall demonstrate that such a location
is essential to the viability of the proposed investment.
L.
Guy wires and anchors for towers shall not be located closer than
10 feet to any property line.
M.
All windmills shall be designed with an automatic brake to prevent
over-speeding and excessive pressure on the tower structure.
N.
The minimum distance between the ground and any protruding blades
shall not be less than 10 feet as measured at the lowest point of
the arc of the blades.
The Planning Board may approve an application for the conversion
of an existing structure for occupancy by two or more families living
as separate and independent housekeeping units in the R-2 Residential
Districts, provided that the following standards and provisions are
maintained:
A.
Any building proposed to be converted to create additional living
units shall have not less than 2,000 square feet of gross floor area.
B.
No more than four living units shall be created by conversion within
any individual structure.
C.
The conversion shall comply with the requirements of the Uniform
Code and this chapter.
E.
Any parcel of land with an existing single-family dwelling proposed
to be converted to create additional dwelling units shall have an
area of not less than 30,000 square feet in the R-1 Residential District
and 20,000 square feet in the R-2 Residential District.
F.
The Planning Board shall determine that water supply and sanitary
sewer services are adequate to support the additional density.
G.
The Planning Board shall determine that the street system serving
the site is adequate to carry the anticipated traffic flows and that
the proposal will not create a burden or nuisance for adjoining property
owners.
H.
Not less than two off-street parking spaces shall be provided for
each independent housekeeping unit.
I.
The Planning Board shall specify the minimum amount and location
of landscaping and buffer screening to be provided to ensure that
the use does not create a nuisance for adjoining property owners.
(Reserved)
The Planning Board may approve a tourist home in the R-2 Residential
Districts, provided that the following standards and provisions are
maintained:
A.
Tourist homes shall meet the minimum lot size, frontage and setback
requirements for a two-family dwelling as specified in the Zoning
Bulk and Use Table included as an attachment to this chapter for the
appropriate district.
B.
The building proposed for occupancy as a tourist home shall contain
no more than four lodging rooms for hire.
C.
The operator of the tourist home shall reside on the premises.
D.
Buildings proposed for occupancy as a tourist home shall have frontage
on Route 31.
E.
The applicant shall meet the requirements of the Uniform Code.
F.
Off-street parking space shall be provided as follows: At least two
spaces shall be provided for the family residing on the premises plus
not less than one additional space for each lodging room.
G.
One sign up to eight square feet in area may be permitted on the
premises. The sign may be freestanding or mounted on the building.
If freestanding, the sign shall not be more than four feet in height.
Such signs may not be illuminated, except indirectly.
H.
The exterior of the building shall be maintained consistent with
the character of the area.
I.
The Planning Board shall specify the minimum amount and location
of landscaping, and buffer screening to ensure that the use does not
create a nuisance for adjoining property owners.
A.
Findings and intent. The Town Board has determined that adult entertainment
businesses exhibit serious objectionable operational characteristics
which can lead to significant adverse impacts in the surrounding community
and that the unrestrained proliferation of such businesses is inconsistent
with existing development and future plans for the Hamlet of Macedon
in that adult entertainment businesses often result in influences
on the community which increase the crime rate and undermine the economic,
moral and social welfare of the community. The deleterious effects
of these businesses change the economic, social and moral character
of the existing community and adversely affect existing businesses
and community and family life. Therefore, the Town Board recognizes
that special regulation is necessary in order to prevent the proliferation
of adult entertainment businesses and to ensure that the effects of
such businesses will not adversely affect the health, safety and economic
well being of the community.
B.
Regulations. Adult bookstores, adult motion-picture theaters, massage
establishments and adult entertainment uses and businesses shall only
be located in the C Commercial District as designated on the Hamlet
Zoning Map, as amended from time to time, shall require a special
use permit, and shall also be subject to the following regulations:
(1)
All provisions of this chapter applicable to any special use permit.
(2)
Such uses and businesses shall be a minimum of 2,000 feet from schools,
churches, public parks, and recreation lands, municipal boundary lines,
residentially zoned lands and other specified uses and businesses
set forth in this article. Measurements of distances shall be from
the property lines of the uses.
(3)
In addition to any other requirements imposed by the Town of Macedon
or the State of New York, the following specified regulations shall
apply to any adult entertainment and business use:
(a)
No exterior sign shall contain any photographic or artistic
representation of the human body.
(b)
All building openings, entries, windows, doors, etc., shall
be located, covered or screened in such a manner as to prevent a view
into the interior of the building from any public right-of-way or
adjacent property.
(c)
No adult entertainment use or business shall be established
in any building of which any part is used for residential purposes.
(d)
No residential use shall be established in any building any
part of which is used as an adult entertainment establishment or business.
(f)
No more than one of the adult uses as defined herein is permitted
on any one lot.
