A.
Preexisting lots. Legal preexisting lots shall be deemed to comply
with the lot size regulations established by this chapter for the
district in which said lot is located. However, all other applicable
provisions of this chapter shall still apply.
B.
Preexisting structures or uses.
(1)
Enlargement or expansion of structures or uses.
(a)
Preexisting structures. Preexisting structures which do not
comply with all applicable provisions of this chapter may be permitted
to be enlarged, provided that:
(b)
Preexisting uses. Preexisting uses which do not comply with
all applicable provisions of this chapter shall not be permitted to
be expanded.
(2)
Replacement of structures or uses. If a preexisting structure or
use is replaced by another structure or use, said new structure or
use shall comply with the regulations established by this chapter
for the district in which said new structure or use is located.
(3)
Discontinuance of uses. The discontinuance of a preexisting use for
a period of six months or more shall be conclusive evidence of abandonment
of said use. Any further use of the premises shall comply with the
regulations established by this chapter for the district in which
said premises are located. Exempt from this requirement are uses which
are seasonal in nature.
(4)
Structures approved for construction. Any structure for which site
plan approval has been granted before the effective date of this chapter
may be placed, erected or constructed in accordance with the approvals
which were granted for said structure, provided that:
(5)
Reconstruction of damaged or destroyed structures.
(a)
A legal preexisting structure which is damaged or destroyed
for any reason which is beyond the control of the owner may be restored
or replaced, provided that:
(b)
A legal preexisting structure which is restored or replaced in accordance with this subsection shall be exempt from the review requirements established for site plans or minor improvements plans in Article X. Said exemption shall apply only if said restoration or replacement is in the same location as, and is no larger than, said legal preexisting structure.
[Amended 4-15-2021 by L.L. No. 1-2021]
A.
Purpose. The regulations of this section dealing with home occupations
are designed to protect and maintain the residential character of
established neighborhoods while recognizing that certain professional
and limited business activities have traditionally been carried on
in the home. This section recognizes that, when properly limited and
regulated, such activities can take place in a residential structure
without changing the character of either the neighborhood or the structure.
B.
General regulations.
(1)
Accessory uses which are limited by this chapter to the private,
noncommercial use of the residents of the premises on which said accessory
uses are located shall be exempt from said limitation, provided that
said accessory uses are used as part of and in conjunction with a
legal home occupation.
(2)
In no manner shall the exterior appearance of a building be altered,
nor shall a home occupation be conducted in a manner that would cause
the premises to lose its residential character, including but not
limited to the use of colors, materials, construction or lighting,
nor shall a home occupation be conducted in an accessory structure
that is either attached to or detached from a dwelling unit.
(3)
No home occupation shall be permitted which is noxious, offensive
or hazardous by reason of hours of operation, vehicular traffic, operation
or emission of noise, vibration, smoke, dust or other particulate
matter, odorous matter, heat, humidity, glare, refuse, radiation or
other objectionable emissions.
(4)
In accordance with this chapter and Title 19 NYCRR (Building Codes
of New York State), the floor area of a home occupation shall not
exceed 25% of the gross floor area, exclusive of attached garages,
of the dwelling in which such home occupation is located or 500 square
feet, whichever is less.
C.
Major home occupations.
(1)
Major home occupations shall include any home occupation which:
(a)
Has not more than one employee, paid or unpaid, who is not a
resident member of the family which resides on the premises;
(b)
Uses an identification sign;
(c)
Displays or stores goods, materials or equipment outdoors;
(d)
Generates additional traffic or the need for off-street parking
beyond the customary needs of the occupants of a dwelling unit;
(e)
Uses equipment that would not customarily be used by the occupants
of a dwelling unit; or
(f)
Is advertised by address.
(2)
No more than one major home occupation shall be permitted per dwelling
unit.
D.
Minor home occupations. Minor home occupations shall comply with
all of the following regulations. Said home occupations shall:
(1)
Involve no persons other than resident members of the family which
resides on the premises.
(2)
Show no visible evidence from the exterior of the dwelling unit of
the conduct of the occupation.
(3)
Generate no additional traffic nor the need for off-street parking
beyond the customary needs of the occupants of a dwelling unit.
(4)
Use no equipment which would not customarily be used by the occupants
of a dwelling unit.
(5)
Not be advertised by address.
(6)
Be conducted entirely inside of the principal dwelling unit.
E.
Unless otherwise permitted in this section, home occupations shall
not include the following uses:
(1)
Restaurants.
(2)
Funeral homes, mortuaries and embalming establishments.
(3)
Nursing homes.
(4)
Stables, kennels or veterinary hospitals.
(5)
Clinics or hospitals.
(6)
Repair shops for motor vehicles, recreational vehicles, or lawn mowers
or other small engine equipment.
(7)
Clubs.
(8)
Group instruction facilities.
(9)
Sale, lease or rental of new or used motor vehicles, recreational
vehicles, or lawn mowers or other small engine equipment.
(10)
Manufacturing uses.
(11)
Assembly uses as defined in the New York State Uniform Fire
Prevention and Building Codes.
A.
Agriculture shall be permitted in any zoning district.
B.
Sales of agricultural products.
(1)
Sales of agricultural products on farms may be permitted as an accessory
use, provided that said agricultural products are produced on the
farm on which said sales occur.
(2)
Sales of farm- and garden-related goods, materials or merchandise
not produced on the farm is permitted, provided that said sales comprise
no more than 10% of the value of the agricultural products sold on
the premises.
(3)
The total gross floor area of structures used for the sale of agricultural
products shall not exceed 2,000 square feet.
[Amended 4-15-2021 by L.L. No. 1-2021]
B.
Outdoor seating shall be developed in accordance with guidelines
established by the Department of Planning and Economic Development.
C.
No person except the owner or tenant of a structure or lot shall
display or sell merchandise from said structure or lot.
D.
The storage of goods, merchandise or materials in trailers or containers
shall not be permitted in any district with the exception of the PL
District (Public Land). Construction trailers shall be permitted on
a residential, commercial or industrial site through application for
a permit for the duration of construction only.
A.
All aboveground and underground tanks permitted as hereinafter provided
shall be constructed, installed and maintained in compliance with
all applicable federal, state, county and Town laws, ordinances, codes,
rules and regulations.
B.
Regulations for residential districts. Upon application to and with the approval of the Board of Zoning Appeals pursuant to § 211-65A, a special permit may be issued for the installation of aboveground or underground tanks. Exempt from this requirement are aboveground or underground tanks which are used exclusively in conjunction with oil-burning equipment used for heating and which have a storage capacity of not more than 660 gallons.
Except as permitted in § 211-18C(3)(a), the outdoor storage or maintenance of junk shall not be permitted on any lot in any district.
Except for one-family or two-family residential uses, refuse
containers shall be stored either inside of a building or within an
enclosure which screens said containers from public view.
A.
Filling and nontoxic inorganic materials. Nontoxic inorganic fill
material may be used to establish new grades, provided that the use
of said fill material, including but not limited to its composition,
amount, location and extent, is approved by the Building Inspector
and the Town Engineer.
B.
Filling with other materials. Filling with or dumping of organic
materials, chemical wastes, liquid petroleum derivatives or other
deleterious substances shall not be permitted in any district.
A.
Dogs. Not more than three dogs shall be permitted per dwelling unit.
However, the offspring of any resident female dog shall not be counted,
provided that said offspring are less than four months of age.
B.
Farm animals. Regardless of size, breed or species, animals which
are customarily found on farms may be permitted outdoors, provided
that said animals are kept on a farm.
C.
Public and private stables. Public and private stables may be permitted
in any district, subject to the regulations established hereinafter.
For purposes of this subsection, any horse, pony or similar animal,
regardless of size, breed or species, shall be referred to as a horse.
(1)
Regulations for private stables.
(a)
Stable size and capacity.
[1]
The number of horses which are kept at a private stable shall
not exceed the number of members of the family which resides on the
premises.
[2]
The lot size regulations for private stables are contained in
Table VIII.[1]
[1]
Editor's Note: Table VIII is included as an attachment to this chapter.
(b)
Other regulations.
[2]
Setbacks for substances which produce dust or odor. The minimum
setback for the storage of manure or other substances which produce
dust or odor shall be the greater of:
[3]
Fences.
[a]
Barbed wire corral fences shall not be permitted.
[b]
Electrification of a corral fence may be permitted,
provided that the electrical charge in said fence is not harmful to
persons who may come in contact with said fence, the device which
supplies the electrical current is reviewed and approved by an electrical
inspection agency licensed by the Town of Greece, and signs which
identify said fence as electrified are posted on said fence at intervals
of not greater than 100 feet. Each said sign shall not exceed two
square feet in size.
[c]
The minimum setback for a corral fence shall be
the greater of 150 feet to the nearest dwelling unit on an adjoining
lot or 10 feet to the nearest lot not owned by the person who owns
the lot on which said corral fence is located.
(2)
Regulations for public stables. Upon application to and with the approval of the Board of Zoning Appeals pursuant to § 211-65A, a special permit may be issued for a public stable.
(a)
Stable area. The minimum area required for a public stable shall
be 20 contiguous acres.
(b)
Details of operation. The details of the operation of a public
stable shall be subject to the review and approval of the Board of
Zoning Appeals. Said details shall include, but shall not be limited
to:
(c)
Setback. The setbacks established for public stables shall not
be less than those established for private stables.
D.
Other animals. Other animals which are not specifically addressed in this section may be kept as pets, provided that said animals are kept in a dwelling. Exempt from this provision are domestic cats, which may be permitted outdoors. However, no premises may be used and no structure may be erected or maintained for the harboring of any dangerous or wild animal or any swine, goats, sheep, lambs, chickens, ducks or other similar animals, except as provided in § 211-33B and C. For the purpose of this subsection, an animal shall be considered dangerous which, without provocation, bites, attacks or chases or otherwise threatens to attack any person or attacks or wounds a dog or other domestic animal.
E.
Indoor/outdoor animal training facilities which provide for the instruction or training of dogs, cats or horses, owners or handlers, but not including the sheltering, boarding, keeping, breeding, medical services or maintaining of such animals. Upon application to and with the approval of the Board of Zoning Appeals pursuant to § 211-65A, a special permit may be issued for indoor/outdoor animal training facilities in the IL (Light Industrial) and IG (General Industrial) Districts. Indoor/outdoor animal training facilities shall also be subject to the following allowances, conditions and requirements:
(1)
Facilities shall be maintained so as not to create odors, noise or
any type of health hazards to occupants of adjacent facilities.
(2)
Outdoor facilities shall meet the lot area and setback requirements
as shown on Table VIII.[2]
[2]
Editor's Note: Table VIII is included as an attachment to this chapter.
(4)
Permitted accessory uses. Animal exhibitions (animal competitions,
trials, shows or display of cats, dogs and/or horses) may be permitted,
if requested as part of the special permit and as outlined herein.
Animal exhibitions shall be conducted in a manner as not to create
havoc or harm to the general public or to such animals in exhibition.
Sufficient parking shall be provided to meet the exhibition needs
and shall not create an adverse effect to traffic flow.
The Board of Zoning Appeals may grant a special use permit for
the operation of a commercial boarding and/or breeding kennel in the
IG District, provided that:
A.
Both a boarding kennel and a breeding kennel shall comply with the
following criteria:
(1)
Hours of operation shall be limited to 7:00 a.m. to 8:00 p.m. Hours
of operation means those hours when dogs are brought to and from the
establishment and when dogs are allowed out of cages.
(2)
Buildings housing dogs after hours of operation shall be soundproofed
so that noises emitted from the kennel building when measured at any
neighboring property line shall not exceed 50 decibels.
(3)
All kennels shall be screened from all adjacent public rights-of-way
and property lines with intervening landform, vegetation and/or fencing
so as not to be openly visible from said rights-of-way or property
lines.
B.
A breeding kennel shall comply with the following additional standards:
(1)
Minimum site area of 10 acres.
(2)
Maximum lot coverage of 10%.
(3)
Minimum setback of 300 feet from any property line for a dog run
or any building intended for the housing of dogs.
(4)
Enclosure of all buildings and/or dog runs used for the housing of
dogs by a fence at least six feet in height.
(5)
Maximum number of 12 dogs housed over one year in age, except that
additional dogs may be housed if for each four additional dogs one
additional acre of land is provided and compliance continues with
all other standards applicable to the special use permit.
A.
Light spill. No exterior spotlighting or other high-intensity lighting
on a property shall spill onto an adjacent public highway right-of-way
or onto adjoining property unless expressly permitted by the Planning
Board.
B.
Shielding light sources. The source of any outdoor light which is
permitted shall be shielded so that it is not visible when viewed
off the site. Exempt from this requirement are incandescent lights
which are located near an entrance to a principal building and low-voltage
lights (as defined in the National Electrical Code) not more than
18 inches above grade that also delineate a walkway or access to a
building.
A.
On any lot in any district, no structure, sign, ornament, fence,
wall or vegetation within the area defined below shall be greater
than three feet in height above the nearest street grade. Said height
shall be measured at the edge of pavement of the public street adjacent
to the areas described below. However, trees and freestanding signs
may exceed three feet in height, provided that the lowest branch which
bears foliage or the lowest part of the sign, respectively, is at
least seven feet above the nearest street grade.
B.
The restricted area described above shall be defined as either of
the following:
(1)
At the intersection of two public streets, a triangular area whose
sides are:
(a)
Side (a). The edge of right-of-way of a public street;
(b)
Side (b). The edge of right-of-way of the intersecting public
street; and
(c)
A straight line connecting sides (a) and (b) above at a point
on side (a) and on side (b) which is 30 feet distant from the intersection
of sides (a) and (b); or
(2)
At the intersection of a public street and a driveway or private
drive, a triangular area whose sides are:
(a)
Side (a). The edge of right-of-way of the public street;
(b)
Side (b). The edge of pavement of the intersecting driveway
or private drive; and
(c)
A straight line connecting sides (a) and (b) above at a point
on side (a) and on side (b) which is 15 feet distant from the intersection
of sides (a) and (b).
Fuel dispensing stations shall comply with the following regulations:
A.
All Class I and Class II flammable liquids, as identified by Title 19 NYCRR (Building Codes of New York State), shall be stored in underground tanks pursuant to the regulations established in § 211-29.
B.
Fuel pumps and other similar devices shall be located not less than
25 feet from any lot line.
C.
Canopies which shelter fuel pump islands shall be located not less
than 15 feet from any lot line. The minimum height of any said canopy
shall be 13 feet, measured to the lowest part of said canopy. The
maximum area of any said canopy shall be 1,500 square feet.
(1)
Signs required for firesafety purposes and instructions for the safe
operation of self-service fuel pumps shall be conspicuously posted
in close proximity to said pumps.
A.
Where electric vehicle charging points are permitted as an accessory use pursuant to district regulations established in Article III, the following provisions shall apply:
(1)
The maximum number of charging points permitted on a single lot or
business center shall not exceed five, or 5% of the total number of
parking spaces provided, whichever is less. The permitted number of
charging points computed shall be rounded up to the nearest whole
number to establish the actual number of charging points. Exempt from
this requirement shall be electric vehicle charging points which are
not available for use by the general public, or otherwise for the
exclusive use of employees or the charging of fleet vehicles.
(2)
Parking spaces used in conjunction with permitted accessory electrical vehicle charging points shall be counted toward the number of parking spaces required for the associated principle use in § 211-49 or elsewhere in this Chapter.
(3)
Installation of accessory electric vehicle charging points shall be subject to approval of a minor improvement plan or granting of a waiver pursuant to § 211-65D.
(4)
Signs required for firesafety purposes and instructions for the safe
operation of electric vehicle charging points shall be conspicuously
posted in close proximity to said stations.
(5)
In addition to signage, bollards, curbs, pavement markings, and other
safety features may be required by the Building Inspector and/or Fire
Marshal.
B.
Where the number of electric vehicle charging points exceed the limitations established in § 211-38A(1) it shall be considered a fuel dispensing station subject to the requirements of § 211-37 and the special use permit requirements established in Article III.
A.
Motor vehicle service stations shall comply with the following regulations:
A.
Boat-launching.
(1)
Land-based, permanent boat-launching structures.
(a)
Land-based, permanent boat-launching structures may be permitted
as accessory structures only in the front yard of a waterfront lot
in any district, provided that the combined height of said structure
and the boat which rests on, is suspended from or is otherwise supported
by said structure does not exceed 10 feet. Said combined height shall
be the greater of:
[1]
The vertical distance between an average grade elevation datum
and the highest permanently affixed part of the boat which rests on,
is suspended from or is otherwise supported by said structure; or
[2]
The vertical distance between an average grade elevation datum
and the highest part of said structure.
(b)
Said average grade elevation datum shall be the nonweighted
arithmetic mean elevation of the ground which adjoins or which is
directly beneath each component part of said structure.
(2)
Nonpermanent boat-launching structures. Nonpermanent boat-launching
structures may be permitted as accessory structures in the front yard
of a waterfront lot in any district, subject to the regulations established
hereinafter.
(3)
Construction materials. All boat-launching structures shall be constructed
of noncombustible materials. Said structures shall not be enclosed
by walls, nor shall said structures be covered by a roof.
(4)
Setback. All boat-launching structures which are located in the front
yard of a waterfront lot shall be exempt from all front and side setback
regulations, provided that said structures comply with all applicable
provisions of this chapter.
B.
Boat-storage structures. Boat-storage structures shall comply with
all applicable setback and height regulations established for the
district in which said structures are located.
A.
For purposes of this chapter, the regulation of adult bookstores,
adult cabarets and adult entertainment establishments is deemed to
be necessary in light of the operational characteristics of such uses
which, without the enactment of the following regulations, would have
increased detrimental impacts within the community. The requirements
hereinafter established are designed to prevent the concentration
of adult bookstores, adult cabarets and adult entertainment establishments
in any one area of the Town of Greece and to lessen the following
possible secondary effects attributable to such uses: the creation
of traffic and/or parking problems; loitering due to the attraction
of transients; increases in criminal activities; the loss of business
by nearby nonadult commercial establishments; deterioration within
residential neighborhoods; and decreased property values.
B.
The adult bookstores, adult cabarets and adult entertainment establishments
governed by these provisions shall be allowable in the General Industrial
(IG) District only, subject to the requirements hereinafter established.
C.
No more than one of the uses governed by these provisions shall be
permitted on any single lot in the Town of Greece.
D.
None of the uses governed by these provisions shall be allowed:
(1)
Within 1,000 feet of the boundary of any residential zoning district
or any lot on which a dwelling unit is located.
(2)
Within 1,000 feet of the property line of a school, church or other
place of worship, day-care center, park or playground or other area
where large numbers of minors travel or congregate.
(3)
Within 1,000 feet of the property line of a lot containing another
such use.
E.
All adult bookstores, adult cabarets and adult entertainment establishments
shall be conducted in an enclosed building. Regardless of location
or distance, no one who is passing by an enclosed building having
a use governed by these provisions shall be able to visually see any
specified anatomical area or any specified sexual activity by virtue
of any display which depicts or shows said area or activity. This
requirement shall apply to any display, decoration, sign, window or
other opening.
F.
A person who knowingly owns, manages, operates, conducts or maintains any of the uses governed by these provisions in any way which is contrary to these regulations shall be subject to prosecution under § 211-72 of this chapter.
G.
If any part or provision of this section or the application thereof
to any persons or circumstances shall be adjudged invalid, such judgment
shall be confined to the part or application adjudged to be invalid.
Such decision shall not affect the validity of the section as a whole
or any part thereof other than the part so decided to be invalid.
