The Town of Ghent Planning Board is hereby authorized to act
on proposed special permit uses which are specifically provided for
in this chapter, including special permits for home occupied businesses
and also for telecommunications towers. Such action may include approval,
conditional approval or disapproval based on the standard set forth
herein. Any reference hereafter to the "Board" shall mean the Town
of Ghent Planning Board.
A.
The Board shall adopt such rules of procedure as it may deem necessary
to the proper exercise of its responsibilities with respect to special
permit uses.
B.
Prior to taking action on any special permit use, the Board shall
hold a public hearing after public notice as provided for herein.
No action shall be taken respecting such matter until all interested
parties shall have been given an opportunity to be heard. Within 62
days of receipt of a complete application, the Planning Board shall
hold a public hearing. Notice of the public hearing shall be published
in the official newspaper at least five days prior to the date set
for public hearing. The Planning Board shall send, or cause to be
sent, notice of the Public Hearing to abutting property owners and
those agricultural operators identified on the Agriculture Data Statement
at least seven days prior to the public hearing. At least 10 days
before such hearing, the Planning Board shall mail such notices thereof
to the applicant and to the Columbia County Planning Board as required
by Section 239-m of the General Municipal Law, which shall be accompanied
by a full statement of such proposed action.
C.
All matters which are subject to a mandatory referral or notice to
other agencies, as set forth in the General Municipal Law, shall be
transmitted to the appropriate agencies in accordance with the provisions
of those sections.
D.
Each decision of the Board with respect to the approval of a special
permit use shall be set forth in writing and filed in the Town Clerk's
office and a copy shall be sent to the Building Inspector and/or Zoning
Enforcement Officer.
E.
A special permit authorization by the Board for the issuance of a
building permit shall expire within 90 days of such authorization
in the event that such permit shall not be applied for within such
ninety-day period. Extension of such authorization may be granted
by the Board for two additional ninety-day periods upon good cause
shown.
F.
A special permit use for which a building permit is authorized by
the Board pursuant to the provisions of this section shall be construed
to be a conforming use.
G.
Any violation of the limitations or special conditions and safeguards established by the Board with respect to a specific authorization for a special exception use shall be deemed a violation of this chapter, punishable under the provisions of Article XI.
H.
The fees for special permit use applications shall be established
by the Town Board.
I.
Coordination with site plan. All applications that require a special
use permit shall also require site plan review and approval by the
Planning Board.
J.
The Planning Board shall review site plans and special use permit applications concurrently. All procedural and submission requirements shall be coordinated so as not to delay review and decision making. In order to facilitate this coordination, any required information from Article VI shall accompany the special use permit application.
K.
Area variance. Where a proposed special use permit contains one or more features which do not comply with the zoning regulations, application may be made to the Zoning Board of Appeals for an area variance pursuant to Article X, without the necessity of a decision or determination by the Zoning Enforcement Officer.
L.
Use variance. All use variance applications to the Zoning Board of
Appeals shall be made only after denial of a permit by the Code Enforcement
Officer.
M.
Expansion of special use. The expansion of any special use shall
require amendment and approval of the special use permit by the Planning
Board in accordance with the procedures set forth in this Zoning Law.
For purposes of this section, expansion shall be interpreted to mean
an increase in the floor or lot area allocated to the special use,
an increase in development coverage, increased hours of operation,
or an increase in the intensity of the use, e.g., an increase in traffic
or need for on-site parking.
N.
Decisions.
(1)
Time of decision. The Planning Board shall decide upon the special
use permit application within 62 days after the close of the public
hearing, subject to compliance with the requirements of SEQRA and
the General Municipal Law Sections 239-l and 239-m. The time within
which the Planning Board must render its decision may be extended
by mutual consent of the applicant and the Planning Board.
(2)
Type of decision. In rendering its decision, the Planning Board shall
approve, disapprove or approve with modifications and conditions the
special use permit application. In authorizing the issuance of a special
use permit, the Planning Board has the authority to impose such reasonable
conditions and restrictions as are directly related to, and incidental
to, the proposed special use. Upon its granting of said special use
permit, any such conditions must be met before issuance of permits
by the Zoning Enforcement Officer, Code Enforcement Officer or Building
Inspector.
(3)
Filing. The decision of the Planning Board shall be filed in the
office of the Town Clerk within five business days of the date such
decision is rendered, and a copy thereof shall be mailed to the applicant.
(4)
A special use permit shall be deemed to authorize only the particular
special use or uses permitted. Once a special use permit has been
granted, it shall apply to the approved use on that parcel regardless
of ownership, as well as to any subsequent use of the property in
the same use category as per the Use Table,[1] provided that such use has no greater impact on adjoining
properties, complies with all terms and conditions of the special
use permit, and does not involve new construction, enlargement, exterior
alteration of existing structures, increased parking, or other changed
use of outdoor areas, or lapses in use.
[1]
Editor's Note: The Table of Use Regulations is included as an attachment to this chapter.
O.
Conditions. The Planning Board shall impose additional conditions
and safeguards to the special permit use as are directly related to
and incidental to the proposed special use permit and which may be
necessary to assure continual conformance to all applicable standards
and requirements, including reasonable assurance that these conditions
and safeguards can be responsibly monitored and enforced. Restrictions
and/or conditions may include those related to design of structures
or operation of the use (including hours of operation) necessary either
to ensure compatibility with the surrounding uses or to protect the
resources of the Town.
P.
Special use permits shall expire if the applicant fails to obtain
any required building permit within 90 days after the date of issuance
of the special use permit.
Q.
Special use permits shall expire if the applicant fails to comply
with any of the conditions of the special use permit within the time
frame established in the special use permit or otherwise within 180
days after the date of issuance of the special use permit.
R.
Special use permits shall expire if required construction operations
have not substantially commenced within 180 days after the date of
issuance of the special use permit. Extension may be granted by the
Planning Board upon an application showing reasonable grounds for
delay and a reasonable date by which construction operations will
substantially commence. A determination should be made by the Planning
Board within 65 days of submission of a completed application to the
Planning Board.
S.
Special use permits shall expire if required construction operations,
once substantially commenced, shall cease for a period of more than
90 days. Extension may be granted upon a showing of reasonable grounds
for delay and a reasonable date by which construction operations will
substantially resume.
T.
Special use permits shall expire if the special use or uses shall
cease for more than 12 consecutive months for any reason.
For every such special permit use, the Board shall determine
that:
A.
Such use will be in harmony with and promote the general purposes
and intent of this chapter and shall be consistent with the Town of
Ghent Comprehensive Master Plan.
B.
Such use will be in harmony with the character and environment of
the district and with permitted uses in the general area of the property
and shall not be detrimental to such district or uses.
C.
The proposed use will not have a significant adverse impact on adjacent
properties.
D.
The lot shall be of sufficient size, appropriate and adequate for
the proposed use and the reasonably anticipated operation and expansion
thereof.
E.
The proposed use conforms with any special requirements or conditions
as set forth hereafter.
F.
Access facilities, entrances and exits shall not have the effect
of creating traffic congestion or a potentially unsafe condition.
In this regard the Board shall consider the estimated traffic to and
from the site and the use of the site by customers and/or the public.
Vehicle entrances and exits shall be clearly visible from the street.
G.
All proposed curb cuts and/or driveways have been approved by the
appropriate agency or agencies having jurisdiction.
H.
There is adequate off-street parking and loading facilities sufficiently
constructed for the anticipated number of occupants, both employees
and patrons or visitors, and further that the layout for the spaces
and driveways adequately addresses all safety issues.
I.
There is adequate buffering and screening between the proposed site
and adjoining properties in order to adequately protect the characteristics
and uses of the adjacent properties and land uses.
J.
The applicant shall demonstrate that there is an adequate supply
of water to the site and that adequate provisions have been made for
sewage, refuse or other waste.
K.
The applicant shall demonstrate that there has been adequate provision
for the collection and disposal of all drainage and stormwater runoff
from the site. All requirements of the New York State SPDES General
Permit for Stormwater Discharges from Construction Activities shall
be met.
L.
The proposed use shall be in compliance with all applicable performance
and design standards as set forth in this chapter.
M.
The location, size of the use, nature and intensity of the operations,
site layout and its relation to streets and highways giving access
to the site shall be such that the proposed use will not be hazardous,
inconvenient or detrimental to the neighborhood. In applying this
standard, the Board shall consider, among other things, convenient
and safe routes of pedestrian traffic, particularly of children, relation
to main traffic thoroughfares and to street and road intersections,
and the general character and intensity of the development of the
neighborhood.
N.
The applicant has secured all necessary permits from any federal,
state or local authority, including site plan approval; provided,
however, that the Board may, in its sole discretion, grant conditional
approval and establish a time frame for final approval upon the issuance
of any required permits. In this regard, the applicant shall demonstrate
that all necessary permits have been applied for. Conditional approval
shall not be applicable for permits required for ingress and egress.
O.
The applicant has demonstrated compliance with all wetlands and all
flood zone regulations.
P.
The proposed use shall have adequate lighting, but such lighting
will not shine directly on or result in unnecessary glare to adjacent
properties.
No authorization for a building shall be granted by the Board for any use listed in this section, unless the Board shall specifically find that, in addition to meeting all the general standards set forth in Article V, the proposed special permit use also meets the special conditions and safeguards required in this section. Notwithstanding the foregoing, any use by special permit in all districts shall also comply with the design standards set forth in § 190-13 and the Dimensional Regulations[1] of Appendix B.
A.
Adult use and entertainment establishments. Adult use and entertainment
establishments shall be permitted subject to the following special
conditions and safeguards. No variance may be granted with respect
to any of these requirements:
(1)
An adult use and entertainment establishment shall be allowed only
in the C-I-3 Zoning District and within such district shall not be
allowed:
(a)
Within 500 feet of the boundary of any residential zoning district
in the Town;
(b)
Within 500 feet of the property line of a parcel used for residential
purposes in the Town;
(c)
Within 500 feet of the property line of a parcel containing
a church, synagogue, other place of worship, library, school, day-care
facility, park or playground in the Town;
(d)
On the same parcel as another adult use and entertainment establishment;
or
(e)
Within 1,000 feet of the property line of another adult use
and entertainment establishment, whether or not such other establishment
is located in the Town.
The above distances of separation shall be measured from the
nearest exterior wall of the portion of the structure containing the
adult use and entertainment establishment.
(2)
An adult use and entertainment establishment cannot be an accessory
or secondary use to any other permitted use existing at the subject
property.
(3)
All adult use and entertainment establishments shall be conducted
in an enclosed building. It shall be a violation of this Zoning Law
to display or exhibit (in the open air, through a window, or by means
of a sign, depiction or decoration), or to allow to be displayed or
exhibited, any specified anatomical area or specified sexual activity.
(4)
All adult use and entertainment establishments must also comply with
all of the other rules, regulations and laws of the Town of Ghent,
including but not limited to district lot, bulk and setback requirements
and reasonable parking, signage, screening and lighting requirements,
as well as all of the rules, regulations and laws of the State of
New York and the United States of America.
(5)
Adult use and entertainment establishments shall not permit persons
under the age of 18 years to enter the premises.
(6)
Adult use and entertainment establishments shall not publicly display
explicit or sexual messages or images.
(7)
No alcoholic beverages may be served or allowed on the premises of
an adult use and entertainment establishment; nor shall alcoholic
beverages be sold at an adult use and entertainment establishment
for consumption off premises.
B.
Agricultural processing, commercial and on-farm.
(1)
No person shall operate a commercial agricultural processing operation
unless that person has first obtained any and all required state or
federal licenses or permits, including USDA certification where required.
(2)
However, the processing of a person's own animals, including transportation
in intrastate commerce of the animal's products, is allowed without
special certification if they are exclusively for use by the owner
or members of the owner's household, nonpaying guests or employees.
See also Use Table[2] for agricultural processing, on-farm.
[2]
Editor's Note: The Table of Use Regulations is included as an attachment to this chapter.
(3)
The butchering or processing of any wild game taken by permit issued
by the New York State Department of Environmental Conservation is
a permitted accessory use in all districts of the Town.
(4)
Agricultural processing facilities shall meet the following conditions:
(a)
The slaughter of animals shall take place inside a closed building
in a confined area to prevent the transmission of sound associated
with the slaughter to the outside.
(b)
Animals shall be enclosed in gated enclosures with a minimum
height of six feet. Fencing shall be sufficient to provide adequate
screening and contain animals securely on the property at all times.
(c)
All loading and unloading areas shall be screened from view
from adjacent properties and public streets. All exterior storage
areas shall be fenced and fully screened from adjacent property and
public streets.
(d)
There shall be a 200-foot setback from an agricultural processing
operation to any commercially used property and a 200-foot setback
from any residentially used property.
(5)
For commercial agricultural processing facilities:
(a)
There shall be a minimum lot size of 10 acres for any commercial
agricultural processing facility.
(b)
The maximum area the entire operation including for the keeping
or slaughtering of animals shall not exceed 10,000 square feet.
(c)
The main entrance to a commercial agricultural processing facility
must be located on a state highway or county road.
(d)
No feedlot shall be allowed on-site for commercial facilities.
(e)
Live animals at a commercial agricultural processing facility
may be held on the site for no more than 24 hours.
(6)
Disposal of waste shall be in accordance with all applicable state
and county laws and regulations. The facility must have all necessary
federal and state permits and approvals and comply with all health
and safety regulations. This is meant to include, but is not limited
to all sewage, processed and unprocessed animal parts, manure, entrails,
blood, hides and bones.
C.
Artists cultural center or retreat. An artist's cultural center or
retreat must have at least 20 acres of land.
E.
Bed-and-breakfast facility.
(1)
Any application shall include a site plan which shall be reviewed
and approved by the Board in accordance with the applicable standards
of this chapter. The site plan shall show the location of all improvements
on the property, including the location of the well, septic system
and proposed area for parking.
(2)
The facility must be operated by the owner(s) of the parcel or structure
involved, who shall reside on the premises at all times that guests
are there.
(3)
The facility shall have not more than four rooms for fee paying guests.
Such rooms must be located in the main dwelling.
(4)
The minimum lot size required for the establishment of such a facility
shall be the minimum lot size for a single-family dwelling in the
district where the parcel is located, plus 10,000 square feet for
each room utilized by fee paying guests.
(5)
The applicant must submit proof satisfactory to the Board, demonstrating
that the on-lot septic system and water supply is adequate for the
maximum occupancy of this facility, including the resident/owner operator.
(6)
No meals may be served other than breakfast. No meals or beverages
shall be served to persons other than those who are actual fee-paying
guests or the resident/owner operator.
(7)
There must be a common dining area; a separate dining area for guests
only is not permitted.
(8)
Off-street parking requirements:
(a)
Generally, off-street parking shall be located in the rear yard
only. However, an area variance for this requirement may be granted
by the Board under appropriate circumstances.
(b)
The parking area shall be constructed of a suitable surface.
(c)
The minimum number of parking spaces shall be as follows: one
person per each room to be utilized by fee paying guests, three for
the resident owner/operator and his or her family.
(10)
Approval of ingress and egress to and from the premises shall
be obtained from the highway agency having jurisdiction over the road
in which the property fronts.
(11)
If, after the approval and issuance of a special permit for
a bed-and-breakfast facility, the Zoning Enforcement Officer shall
subsequently determine that there is a violation of any of the applicable
terms, conditions and standards set forth herein for a bed-and-breakfast
facility, or with regard to any of the applicable provisions of the
Zoning Chapter, then the Zoning Enforcement Officer may revoke the
special permit issued for the bed-and-breakfast facility.
F.
Bulk storage and distribution of fuel, kerosene, oil, or propane,
excluding filling stations.
(1)
Any such installation of flammable liquids or gas shall be in conformance
with the applicable recommendations of the National Board of Fire
Underwriters.
(2)
The recommendations of the local fire chief having jurisdiction shall
also be considered prior to approval of such a use.
(3)
All such uses shall be located on sites large enough to contain the
impact of any potential accident that might result from their existence
without damage to adjacent properties.
G.
Bus passenger shelter. The shelter shall be so located that there
is ample room to permit the bus to leave the traveled roadway conveniently
for picking up or discharging passengers.
H.
Campgrounds.
(1)
The maximum number of sites shall be 50.
(2)
A seasonal campground shall be a minimum of 10 acres.
(3)
The applicant shall demonstrate that there is adequate water and
sewers for each unit.
(4)
The applicant shall demonstrate that there is adequate ingress and
egress for each unit and adequate ingress and egress to and from the
public roadway.
(5)
The applicants shall secure all necessary permits from New York State
and from the Columbia County Health Department.
I.
Car wash.
(1)
The lot area shall not be less than 20,000 square feet, and shall
have a minimum frontage of 150 feet along a major street or highway.
(2)
No church, school, library, playground or similar place of public
assembly shall be within 500 feet of the site.
(3)
Storage area for vehicles waiting for service shall be provided on-site
and shall not occur on a public street or highway. Not more than five
motor vehicles shall be stored outdoors overnight.
(4)
A car wash shall not provide other than washing, waxing, simonizing
or similar treatment services.
(5)
Outdoor storage and display of accessories, portable signs and outdoor
repair work shall be prohibited at all times. Premises shall not be
used for the sale, rent or display of automobiles, trailers, mobile
homes, boats or other vehicles.
J.
Commercial rural recreational facilities.
(1)
Commercial rural recreational facilities shall be limited to those
customarily considered to be outdoor sports, except those sports that
involve motorized racing or contests involving motorized vehicles.
(2)
Supplementary accessory commercial uses designed to support the principal
use of the land shall be oriented in the site plan and in appearance
toward that principal use rather than to the road frontage and transient
services.
(3)
Public access to such use shall only be from a public highway.
(5)
All the activities of such recreational use shall be contained on
the site and at a sufficient distance from the boundaries so as not
to adversely influence the development of adjacent properties.
(6)
The development plan for such site shall clearly demonstrate the
intent to maintain the site's natural environment in its native condition
and thus to conserve the appearance of the countryside and minimize
the impact of parking areas and of cleared wooded areas.
(7)
The site shall have a minimum area of 50 acres unless the applicant
can demonstrate by clear and convincing proof that the use can adequately
exist with less acreage. Not more than 50% of the site shall be devoted
to such use. The remaining 50% shall be maintained as a natural transition
or buffer area.
K.
Commercial sawmills.
(1)
All commercial sawmills shall require either site plan approval or
both special use permit and site plan review by the Planning Board
as per the Use Table.[3]
[3]
Editor's Note: The Table of Use Regulations is included as an attachment to this chapter.
(2)
Commercial sawmills shall be allowed only when accessible from either
a state or county highway.
(3)
Hours of operation shall be limited to 7:00 a.m. to 6:00 p.m., Monday
through Friday and Saturday, 7:00 a.m. to 12:00 noon. Operation of
the sawmill business shall not occur on the following holidays: Memorial
Day, Labor Day, July 4, Thanksgiving, Christmas and New Year's Day.
(4)
Vehicular access to the sawmill shall be by means of an access drive
at least 12 feet wide and the first 50 feet of which from the road
along the drive must be paved. The rest of the drive beyond the first
50 feet can be a stone surface.
(5)
All aspects of the sawmill operation (except access drives) shall
be set back no less than 200 feet from the front and rear of the property
and 100 feet from the side property lines and 500 feet from any residentially
zoned or used property or church or school. The Planning Board may
require a visual screen comprised of evergreen trees to be planted
along any site boundary line that abuts one or more residential lots.
The Planning Board shall have the discretion to require greater front,
back and side setbacks of up to 500 feet and/or to require a berm
or other appropriate noise barriers, where circumstances require,
to prevent a disturbance to persons or farm animals on neighboring
properties.
(6)
All sawmill by-products shall be disposed of on a regular basis so
as not to create a nuisance or hazard and shall in no event be allowed
to accumulate longer than three months before being removed and properly
disposed of. No storage of logs, lumber, sawdust, bark, scrap wood
or equipment of any kind shall be permitted within any yard setback
area at any time. Lumber/logs shall be piled with due regard to stability
of piles and in no case higher than 20 feet.
(7)
No sawmill activity or storage shall be within 100 feet from the
edge of any stream or any wetland as defined by state or federal law.
(8)
The minimum lot size for a sawmill shall be 20 acres with 400 feet
of road frontage.
(9)
Timber and logs shall not be skidded across any roads or highways
nor shall log skidders cross same as part of operations at any time.
(10)
Sawmills shall be housed in the confines of a building.
(11)
No burning of shavings, sawdust and refuse materials shall be
permitted on the premises.
(12)
These sawmill regulations apply to all operations involving
the processing of timber not constituting a "timber operation" as
defined in Section 30 I subdivision 14 of the NYS Agriculture and
Markets Law.
L.
Concerts, exhibitions or festivals.
(1)
This use shall be subject to site plan review by the Planning Board.
(2)
The applicant must notify the relevant fire departments, police agencies,
Columbia County Health Department and emergency management agencies
and shall demonstrate compliance with all requirements from these
entities.
(3)
The applicant must demonstrate adequate measures have been taken
in connection with fire protection, crowd security, police protection,
public safety, traffic regulation, parking, sanitary facilities, adequate
water supply, garbage disposal, emergency evacuation plan, first aid
and cleanup.
(4)
The Planning Board is authorized to regulate hours for the event.
(5)
No such activity shall take place within 300 feet of an adjoining
lot owned by a different person or entity. The Planning Board is authorized
to require adequate fencing of the perimeter for this proposed use,
if appropriate.
(6)
The Planning Board shall have the authority to require a bond posted
for the adequate performance by the applicant of the conditions of
any permit.
(7)
The applicant shall execute a written authorization permitting officials
of the Town, county and state, or their designated agents, including
fire personnel and police, for concert/festival inspections before,
during and after such event.
(8)
The applicant shall obtain adequate insurance to be reviewed and
approved by the attorney for the Town. The Planning Board shall require
the applicant to name the Town as an additional insured for any such
concert or festival. Such insurance shall be for a minimum of $1,000,000
for bodily injury or death and not less than $1,000,000 for property
damage. The Planning Board shall further have the authority to require
insurance at greater levels upon a determination that such minimum
amounts are insufficient based upon the size and/or scope of the event.
Failure of the applicant to keep such policy in effect will result
in automatic revocation of the permit.
(9)
There shall be no more than two concerts/exhibitions/festivals held
at any one site during the course of any calendar year. The maximum
duration for each such event shall be part or all of two calendar
days.
(10)
There shall be no more than two concerts/exhibitions/festivals
held by any organization or individual(s) during the course of any
calendar year. The maximum duration for each such event shall be all
or part of two calendar days.
(11)
The Planning Board shall have the authority to deny the request
for a special permit for concerts, exhibitions or festivals in the
case where the applicant has previously held such event and did not
adequately comply with the requirements of the special permit issued
for such previous event.
(12)
Any special permit granted for concerts, exhibitions or festivals
as provided for herein shall be specific to that particular event
only and shall not run with the land.
(13)
No application for special permit for concerts, exhibitions
or festivals shall be made greater than one year from the proposed
date for such activity.
(14)
The applicant shall provide the name of an individual who is
determined by the Board to be responsible as the person in charge
of the use and who shall be on the property or available while the
property is occupied or in use for such activity.
(15)
The applicant shall authorize any employee or representative
of the Town to enter the premises at any reasonable time to ascertain
compliance with the provisions of any such permit.
(16)
The applicant shall provide satisfactory proof to the Planning
Board that there will be removal of all structures erected for use
during such event immediately after conclusion of such event.
(17)
Nothing set forth herein shall be construed to waive the requirements of § 190-18 of the Ghent Code, which shall be applicable hereto.
(18)
The Planning Board shall create an application for this use
in accordance with the provisions set forth herein and may amend same
from time to time as it deems necessary.
(19)
Notwithstanding anything set forth in this subsection to the
contrary, any event conducted or sponsored by the Town or any fire
company in the Town for the benefit of the community shall be exempt
from these regulations, shall be considered a permitted use and shall
not require site plan approval.
M.
Contractor facility. In addition to the existing standards for the
applicable zone, the following special performance standards are also
applicable to this use:
(1)
All equipment and materials must be stored in buildings and structures
having a roof and a minimum of three sides.
(2)
All motor vehicles and trailers registered for over-the-road use
shall be stored only in the rear yard. Such storage or parking areas
shall be screened from adjacent lands by the use of a solid fence,
not less than eight feet high, or a double row of evergreen plantings,
at least eight feet high, spaced no more than six feet apart, that
constitutes a visual barrier.
(3)
No construction debris shall be stored on site except in containers
(dumpsters) and such containers shall be emptied on a regular basis.
No excavated materials shall be stored on site. Any materials returned
to the site for future use shall be stored within a building or structure
having a roof and a minimum of three sides. No storage of junk or
debris shall be permitted.
(4)
All repair and maintenance of vehicles and equipment shall be performed
only within a building or structure. Large excavating equipment may
be repaired outdoors, providing the area used for such repairs is
completely enclosed by a solid fence not less than eight feet in height.
(5)
Ancillary professional services such as engineering, design services,
interior decorating services, etc., may be located on the site as
a permitted part of the contractor facility. No retail sale of any
products shall be permitted other than those that are actually produced
on site.
(6)
All employee, customer or visitor parking shall be located in the
side or rear yards and shall be located where no conflict between
it and the movement of business vehicles and equipment will result.
(7)
All on-site fuel storage tanks shall be above ground and shall be
located within a nonpermeable containment basin. All fuel tanks will
be required to have barriers that will prevent accidental striking
by vehicles and equipment. The maximum amount of fuel that may be
stored on site is 1,000 gallons.
(8)
All contractor facilities shall be designed to provide adequate access
for fire-fighting equipment to all buildings and structures. Adequacy
of this access will be determined by the local fire chief and a letter,
signed by the local fire chief must be presented to the local Zoning/Code
Enforcement Official prior to the issuance of any certificate of occupancy.
(9)
All contractor facilities must conform to the requirements for a
nonnuisance industry, except that the screening required may be modified
in accordance with these special permit provisions.
N.
Filling station.
(1)
No church, school, library, playground or similar place of public
assembly shall be within 500 feet of the site.
(2)
All pumps and lubricating and other devices shall be located at least
50 feet from any building, structure or street line.
(3)
Premises shall not be used for the sale, rent or display of automobiles,
trailers, mobile/manufactured homes, boats or other vehicles.
(4)
The lot area shall be not less than 20,000 square feet, and shall
have a minimum frontage along the principal street or highway of at
least 150 feet.
(5)
All repair work and storage shall be conducted within a completely
enclosed building. The maximum height of that building shall be 25
feet.
(6)
The Planning Board may limit the number of gas pumps to ensure consistency
in scale between the gas filling station and adjacent land uses.
(7)
The Planning Board may limit hours of operation or limit acceptable
hours of fuel delivery where a gas station is adjacent to residential
uses.
O.
Horse boarding operation.
(1)
This use shall be permitted by special permit on vacant land or on
a lot where a one-family residence or two-family residence already
exists.
(2)
Such use shall not be permitted on any lot less than five acres.
(3)
The Board shall determine the maximum number of horses allowed. In
making this determination, the Board shall consider the space available,
which is required in order to prevent overcrowding, and the available
facilities provided for the care and protection of the horses.
(4)
The horses shall be housed in a permanent, enclosed building, having
a roof and at least three sides.
(5)
The site plan shall demonstrate that there is adequate control of
the horses, including designation of the area of the parcel to be
utilized, and including proper fencing to assure that the horses will
not be able to break out of such designated areas or wander onto adjacent
properties and/or any public highways.
(6)
Any building, structure or use area (except an off-street parking
area) shall be at least 50 feet from the property line.
P.
Kennels. In addition to the general requirements of this section
for a special permit, the following conditions shall also be required
for a kennel:
(1)
The Board shall determine the maximum number of dogs allowed. In
making this determination, the Board shall consider the space available
within the permanent enclosed building which is required in order
to prevent overcrowding.
(2)
A kennel may exist on the same lot as a residence.
(3)
The required lot area for a kennel shall be double the minimum lot
area for the zone.
(4)
The dogs shall be housed in a permanent enclosed building which shall
be constructed of soundproof materials so as to adequately minimize
the noise.
(5)
The dogs shall be kept inside the enclosed kennel structure during
the hours of darkness.
(6)
The owner or occupant shall maintain adequate control of the dogs
and shall provide adequate protection to ensure that the dogs are
not able to leave the premises.
(7)
Any building, structure or use area (except an off-street parking
area) shall be at least 50 feet from the property line.
(8)
The owner or occupant shall take all appropriate steps to adequately
protect adjacent properties from odor and/or unsightly appearance.
(9)
The applicant must obtain a valid license from the appropriate agency
of the State of New York as well as from any other municipal agency
which shall require licensing for the dogs.
(10)
A violation of any of the terms and conditions set by the Board
for granting the special permit shall result in automatic revocation
of such special permit.
Q.
Lodging.
(1)
The establishment must provide one parking space for each bedroom,
plus one space for each four employees.
(2)
Guest sleeping rooms shall not contain full kitchen facilities and
shall not be used as apartments for nontransient tenants. Microwave
ovens or small refrigerators are not considered kitchen facilities
in the rooms.
(3)
The following accessory uses shall be permitted:
(a)
One apartment within the lodging's facility, with or without
kitchen facilities, for the use of the lodging manager or caretaker
and their family.
(b)
A coffee shop/dining room facility located within the principal
building.
(c)
Recreational facilities for the sole use of guests and employees,
including pool, playground, tennis or other game courts, game or recreation
rooms, office and lobby.
(d)
Conference rooms/meeting rooms located within the principal
building.
R.
Membership club, nonprofit. Lot coverage shall not exceed 20%.
S.
Mining. Mining is allowed by special permit in certain areas of the Town as set forth on the mining overzone map and in accordance with specific laws involving mining as set forth in Article XII hereafter.
T.
Mobile and manufactured home park.
(1)
Application procedure.
(a)
Any special permit for a mobile/manufactured home park shall
be granted for one year only, beginning from the day of issuance.
(b)
An application for renewal of a special permit that was issued
in accordance with the provisions of this section must be submitted
to the Zoning Enforcement Officer on or before the first day of the
month preceding the expiration of the permit.
(c)
The renewal application shall not be accompanied by plans of
the park unless changes have been made to it. If changes have been
made, initial application procedures must be followed.
(d)
The fees for initial application and annual renewal shall be
established by the Town Board.
(e)
Each initial application shall be accompanied by three sets
of plans which are prepared by a surveyor, engineer or qualified person.
The plans shall be drawn to scale of 20, 40 or 50 feet to one inch,
shall include the date, north point and scale and shall furnish the
information specified under application data.
(2)
Application data.
(a)
Legal data.
[1]
The name and address of the applicant; or the name and address
of each partner if the applicant is a partnership; or the name and
address of each officer and director if the applicant is an association
or corporation.
[2]
The description of the land that is proposed to be used as a
mobile/manufactured home park, together with a map showing its location
in the Town.
[3]
The number of lots to be provided in such park.
(c)
Existing development.
(d)
Proposed development.
[1]
The location and widths of all entrances, exits, streets and
walkways.
[2]
The location, size and arrangement of each lot within the park.
[3]
The method and plan for electric lighting.
[4]
The location and plan of all proposed structures and improvements.
[5]
Any proposed grading and plans for landscaping.
[6]
Any proposed stormwater drainage. All requirements of the New
York State SPDES General Permit for Stormwater Discharges from Construction
Activities shall be met.
[7]
Any proposed utilities.
[8]
Any public improvements proposed by the Town in or adjoining
the proposed park.
[9]
Existing zoning.
(e)
Performance bond. The Board, as a condition to the approval
of any application for a mobile/manufactured home park, may require
a performance bond in an amount deemed necessary by the Board and
issued by a reliable surety, insuring the completion of the mobile/manufactured
home park according to the specifications and plans submitted with
the application.
(3)
Requirements for mobile/manufactured home parks.
(a)
Site.
[1]
The park shall be located in areas where grades and soil conditions
are suitable for use as mobile/manufactured home sites.
[2]
The park shall be located on a well-drained site which is properly
graded to ensure rapid drainage and be free at all times from stagnant
pools of water.
[3]
The park shall be free from heavy or dense growth of brush and
woods.
[4]
The park shall be at least five acres in size, 100 feet frontage
on a public road.
(b)
Mobile/manufactured home lot.
[1]
Each mobile/manufactured home park shall be marked off into
mobile/manufactured home lots.
[2]
The total number of mobile home lots in a mobile/manufactured
home park shall not exceed four per gross acre.
[3]
Each mobile/manufactured home lot shall have a total area of
not less than 10,000 square feet with a minimum dimension of 70 feet.
(c)
Mobile/manufactured home placement.
[1]
Any mobile/manufactured home shall not be parked or otherwise
located nearer than a distance of:
[2]
Only one mobile/manufactured home shall be permitted to occupy
any one mobile home lot.
[3]
No more than 50 mobile/manufactured homes shall be allowed to
occupy any single mobile home park.
[4]
No mobile/manufactured home park shall be located within two
miles of any other mobile/manufactured home park situated in the Town
of Ghent.
(d)
Individual mobile/manufactured home stand shall be:
[1]
Located on a permanent foundation or concrete slab and shall
be permanently anchored. The foundation or slab shall be at least
four inches thick.
[2]
Skirted within 30 days of installation on the site.
[3]
Prior to the occupancy of the mobile/manufactured home, the
water and sewer system shall be inspected and approved by the Columbia
County Health Department and such proof shall be presented to the
Zoning Enforcement Officer.
[4]
Electrical wiring to the mobile/manufactured home shall be underground
from the last pole to the mobile/manufactured home, and the last pole
shall be at least 50 feet from the mobile/manufactured home.
[5]
Prior to occupancy, a mobile/manufactured home shall have sleeping
accommodations, flush toilet, a tub or shower, kitchen facilities,
plumbing and heating connections for attachment to outside systems
and shall otherwise fully comply with the requirements of the State
Building Code.
(e)
Accessibility.
[1]
Each mobile/manufactured home park shall be easily accessible
from an existing public highway or street.
[2]
Where a mobile/manufactured home park has more than 16 mobile/manufactured
homes, two points of entry and exit shall be provided, but in no instance
shall the number of entry and exit points exceed four.
[a]
Such entrances and exits shall be designed and
strategically located for the safe and convenient movement into and
out of the park, and to minimize friction with the free movement of
traffic on a public highway or street.
[b]
All entrances and exits shall be at right angles
to the existing public highway or street.
[c]
All entrances and exits shall be free of any material
which would impede the visibility of the driver on a public highway
or street.
[d]
All entrances and exits shall be of sufficient
width to facilitate the turning movements of vehicles with mobile/manufactured
homes attached.
[3]
Each park shall have improved streets to provide for the convenient
access to all mobile/manufactured home lots and other important facilities
within the park. Streets shall be improved to at least meet Erwin
Plan specifications.
[a]
The street system shall be so designed to permit
the safe and convenient vehicular circulation within the park.
[b]
Streets shall be adapted to the topography and
shall have suitable alignment and gradient for traffic safety.
[c]
All streets shall intersect at right angles.
[d]
All streets shall have the following minimum widths:
[e]
One-way traffic movement: 15 feet.
[f]
Two-way traffic movement: 25 feet.
[g]
Except in cases of emergency, no parking shall
be allowed on such street.
[4]
An improved driveway shall be provided for each mobile/manufactured
home lot. This driveway shall have a minimum width of nine feet.
(f)
Parking.
[1]
One off-street parking space shall be provided on each mobile
home lot. The parking space shall be of similar construction and grading
as the mobile home stand. Such space shall have a minimum width of
nine feet and a minimum length of 20 feet.
[2]
Additional off-street parking space shall be provided at strategic
and convenient locations for guests and delivery and service vehicles.
(g)
Utilities and service facilities.
[1]
The following utilities and services facilities shall be provided
in each mobile/manufactured home park which shall be in accordance
with the regulations and requirements of the Columbia County Department
of Health, the New York State Department of Health and the Sanitary
Code of New York State.
[a]
An adequate supply of pure water for drinking to
mobile/manufactured home lots and buildings within the park for domestic
purposes shall be supplied by pipes to all home lots and shall be
provided with proper water connections.
[b]
Each mobile/manufactured home lot shall be provided
with a sewer, which shall be connected to the mobile/manufactured
home situated on the lot, to receive the waste from the shower, tub,
flush toilet, lavatory and kitchen sink in such home. The sewer shall
be connected to a public or private sewer system so as not to present
a health hazard. Sewer connections in unoccupied lots shall be so
sealed to prevent the emission of any odors and the creation of breeding
places for insects.
[c]
Metal garbage cans with tight-fitting covers shall
be provided in quantities adequate to permit the disposal of all garbage
and rubbish. The cans shall be kept in sanitary conditions at all
times. The cans shall be located no further than 200 feet from any
mobile/manufactured home lot. Garbage and rubbish shall be collected
and disposed of as frequently as may be necessary to ensure that such
cans shall not overflow.
[2]
Service buildings shall be provided as deemed necessary for
the normal operation of the park, however, such buildings shall be
maintained by owner or manager of the park in a clean, sightly and
sanitary condition.
[3]
Each mobile/manufactured home lot shall be provided with weatherproof
electric service connections and outlets which are a type approved
by the New York State Board of Fire Underwriters.
(i)
Landscaping.
[1]
Lawn and ground cover shall be provided on those areas not used
for the placement of mobile/manufactured homes and other buildings,
walkways, roads and parking areas.
[2]
Planting shall be provided to the extent needed in order to
provide for the screening of objectionable views, adequate shade and
a suitable setting for the mobile/manufactured homes and other facilities.
[a]
Screening planting shall be provided to screen
objectionable views. Views which shall be screened include laundry
facilities, other nonresidential uses, garage storage and collection
areas and all abutting yards of adjacent properties.
[b]
Other planting shall be provided along these areas
within the park which front upon existing public highways and streets
to reduce glare and provide pleasant outlooks for the living units.
U.
Motor vehicle, mobile/manufactured home or boat salesroom or outdoor
sales lot. The display of motor vehicles, mobile/manufactured homes
and/or boats shall not be allowed in the required front, side or rear
yard setbacks. The total area for the outdoor display of motor vehicles,
mobile/manufactured homes and/or boats, including the rows and/or
spaces in between, shall not exceed 25% of the total lot. There shall
be adequate spacing in between these vehicles, mobile/manufactured
homes and/or boats.
V.
Multiple dwelling, including senior housing. The required minimum
lot area for a multiple dwelling shall be computed by adding 10,000
square feet for each dwelling unit to the minimum lot area requirement
for a one-family residence in the zone in which the dwelling is located.
W.
Nursery school.
(1)
The lot area shall be not less than one acre.
(2)
There shall be not more than one pupil for every 1,500 square feet
of lot area.
(3)
All buildings, structures and areas of organized activity such as
play areas, swimming pools, etc., shall be not less than 75 feet from
any property line.
(4)
Off-street parking areas shall be not less than 50 feet from any
property line.
(5)
Only one permanent family dwelling unit shall be located on the premises,
and said dwelling unit shall comply with the provisions of this chapter
for the district in which the lot is located.
(6)
Outdoor floodlighting or public address systems are prohibited.
(8)
Landscaping and fencing shall be provided as required by the Planning
Board.
AA.
Self-storage units.
(1)
Storage units shall not be used for the servicing or repair
of motor vehicles, boats, recreational vehicles, motorcycles, trailers,
lawnmowers and other similar equipment, or for office, retail, light
manufacturing or other similar uses. The storage of hazardous, toxic
or explosive substances is prohibited.
(2)
No activities such as miscellaneous garage sales or auctions
shall be conducted on the premises. However, the owner shall have
the ability to have a sale for foreclosure purposes.
(3)
All storage uses shall be inside an enclosed building. No outside
storage is permitted.
(4)
No residential uses shall be permitted.
BB.
Septage spreading.
(1)
The operator must have a valid DEC permit for the specific site
involved.
(2)
No septage may be spread within 100 feet of any property line,
500 feet of any dwelling, 25 feet of any swale, 200 feet of any potable
water well or 250 feet of any watercourse as shown on the US Geological
Topographical Map or within 100 feet of any other area which has been
designated as a wetland.
(3)
The applicant shall file a map specifying the exact location
of the area to be utilized. The Board may require a survey map showing
topographical details. Septage may only be spread within such area
as is approved by the Board of Appeals.
(4)
Sod cover must be maintained on any septage site or, in the
absence of such cover, septage must be incorporated into the soil
within 24 hours of being spread.
(5)
If approved by DEC, the applicant may utilize ditches for temporary
winter storage. However, if permission for the same is granted, a
liner approved by DEC must be installed and ditches must be pumped
dry as soon as possible in the spring.
(6)
No more than 25,000 gallons of septage may be spread per acre
in any calendar year.
(7)
The Town must be furnished a copy of the annual report made
to the Department of Environmental Conservation showing total acres
used and total volume spread.
(8)
The Town of Ghent reserves the right, but not the duty, to inspect
the fields being utilized for spreading of septage at any time without
notice.
(9)
The granting of a permit is conditional upon the applicant furnishing
the Town a written statement agreeing to such inspection.
(10)
The Town of Ghent shall have the right to revoke the special
permit issued at any time if any of the above stated conditions are
not fulfilled.
CC.
Special event venue. The intent of this section is to promote health
and safety and ensure compatibility with the neighborhood and general
area in which the specially permitted events are held and to minimize
impact on the surrounding properties and residents.
(1)
Special event venues, as defined in this Zoning Law, shall be
allowed pursuant to the Use Table[4] only with a special use permit approved by the Planning
Board. In addition to meeting the requirements of this subsection,
a special use permit for special event venues may include specific
conditions to mitigate any adverse impacts as determined by the Planning
Board.
[4]
Editor's Note: The Table of Use Regulations is included as an attachment to this chapter.
(2)
General event venue regulations/requirements:
(a)
There shall be a minimum lot size of 30 acres.
(b)
No vehicles associated with the event shall be permitted to
be parked on public roadways. All vehicle parking shall be maintained
"on-site." "On-site" is defined as at least 50 feet within the property
boundaries of the parcel on which the event is permitted. The Planning
Board may consider remote parking (off-site) with considerations that
may include, but not be limited to, distance from the general event
area, the topography of the site, site lighting, law enforcement to
control traffic, road crossing conditions (if applicable), transportation
to and from event site.
(c)
One parking space for every four persons attending the event
shall be provided.
(d)
There shall be no regulations of traffic other than by law enforcement
on Town, county or state roads.
(e)
The general event area [the actual location(s) in which the
gathering is to occur] shall be located 500 feet from adjacent owners'
property lines. All activities associated with the use are to be included
within the general event area, the only exception being the allowable
parking as allowed above.
(f)
Sources of amplified sound including but not limited to recorded
music, live musical performances, spoken word shall commence no earlier
than 10:00 a.m. and shall be terminated by 10:00 p.m. on Sunday through
Thursday nights or 11:59 p.m. on Friday and Saturday nights. All sources
of amplified sound shall be contained wholly within an enclosed structure.
Tents, pavilions and other open/nonenclosed structures shall generally
not be considered an acceptable location for the source of amplified
sound as referenced in this section. However, in the sole discretion
of the Planning Board, where the number of events are limited, and/or
the site plan provides that amplified sounds will not cause disturbance
to the neighboring land uses and owners, the Planning Board may allow
amplified sound on a limited basis, setting the hours of operations
for said amplified sound to occur in tents, pavilions or other structures.
(g)
All activities associated with the event shall be completed
and the property vacated by 10:00 p.m. on Sunday to Thursday nights
or 11:50 p.m. on Friday and Saturday nights. This shall include all
clean-up activities.
(h)
Light sources (constant and intermittent) shall not be permitted
to exceed 0.5 foot candles at the property line.
(i)
The applicant shall provide a signed and stamped written evaluation
by a NYS licensed professional to demonstrate compliance with all
applicable NYS Building and Fire Prevention Codes, and all temporary
and permanent structures to be used for any proposed event shall be
inspected for compliance by the Town of Ghent Zoning Enforcement Officer,
prior to approval by the Planning Board.
(j)
All venues will be subject to annual inspections by the Zoning
Enforcement Officer and additional inspections at the discretion of
the Zoning Enforcement Officer and applicants so authorize by submitting
such application.
(k)
All tents used for an event shall require fire safety data to
be submitted to the Zoning Enforcement Officer prior to use. Inspections
may be required.
(l)
No overnight accommodations shall be allowed on the premises.
(3)
The number of events per year shall be determined by the Planning
Board and shall be a condition of the approval using the maximums
as follows:
(a)
A venue that meets all criteria in Subsection CC(2)(a) through (1)(above) shall be permitted to hold up to 12 events annually.
(b)
In addition to the 12 events permitted in Subsection CC(3)(a), if the applicant demonstrates that the minimum distance from the general event area to every point on the property lines of adjacent parcels is at least 1,000 feet, the venue shall be permitted to hold up to 10 additional events annually for a total of 22.
(c)
In addition to the above, if the applicant demonstrates that
the minimum distance from the general event area to every point on
the property line of adjacent parcels is at least 1,500 feet, the
venue shall be permitted to hold up to five additional events annually
for a total of 27.
(4)
The following items shall be required for submission to the Planning Board, in addition to other site plan or special use application requirements pursuant to Articles V and VI:
(a)
A statement containing the name and address of the owner of
record of the property upon which the event is to occur, and a copy
of the deed to said property.
(b)
A completed event application including a list of anticipated
events proposed including any potential noise or visual impacts and
maximum number of persons to attend.
(c)
A detailed site plan prepared by a NYS licensed professional
at a scale of one inch equals 50 feet minimum showing:
[1]
The entire parcel and parcel size.
[2]
All structures (temporary and permanent) including tents, barns,
houses, staging areas and event lighting.
[3]
Proposed parking locations and quantities of all vehicles expected
to be on site.
[4]
Site circulation for all proposed vehicular traffic (ensuring
emergency access).
[5]
The event location(s) and distances from all proposed event
areas to property lines.
[6]
The names of all adjacent property owners and all structures
(on adjacent parcels) within 50 feet of the event site property boundaries.
[7]
Toilet facilities, temporary and permanent.
(d)
Approval from the Columbia County Department of Health where
applicable.
(5)
Applicant must obtain all permits and licenses for entities
handling/preparing food and entities distributing/selling alcoholic
beverages (if applicable). The applicant must notify the relevant
fire departments, police agencies, Columbia County Health Department
and emergency management agencies and shall demonstrate compliance
with all requirements from these entities.
(6)
There shall be a fee paid at the time of the initial application
and additional fees upon Planning Board approval based upon the number
of approved events. The amount of fees shall be set by resolution
of the Ghent Town Board.
DD.
Temporary residential use/health related. The Board is hereby specifically
empowered to grant a special permit on a temporary basis for temporary
residential use in a health-related situation, pursuant to the guiding
principles of this section, and where there are practical difficulties
in meeting the area requirements set forth in Appendix B[5] Accordingly, the Board may issue a temporary permit for
use of a mobile/manufactured home, modular unit or for the temporary
conversion of a one-family detached dwelling for another family in
a situation where, for health-related reasons it is necessary for
a person related by blood, marriage or adoption to reside near the
owner/resident of the parcel in question. Such a temporary permit
may be granted where it is shown that the interests of justice will
be served, where the granting of such a permit will not result in
a substantial detriment to the public welfare, and where other potential
solutions to the situation are not practical. The following additional
criteria apply:
(1)
Any permit so issued must be renewed each January with the Town
Clerk. Each initial application must be accompanied by a physician's
statement showing that a health-related need exists, and each application
for renewal shall also be accompanied by an updated physician's statement
to this effect.
(2)
Such a temporary permit shall not be granted where the parcel
in question can meet the standards for the establishment of two residences
on a single parcel.
(3)
Health-related temporary residences shall only be utilized by
persons related by blood, marriage or adoption to the owner of the
parcel, who must also reside on the same parcel.
(4)
The Columbia County Health Department shall inspect and approve
the on-lot septic system and adequacy of the water supply, whether
a second series of systems is established or whether the existing
facilities are used.
(5)
The use must be discontinued within 90 days after such health-related
need has ceased. The failure to renew a permit shall be presumptive
evidence that such use has ceased.
(6)
The applicant and/or owner/resident cannot use the costs incurred
in establishing this temporary residence or in installing a mobile/manufactured
home or modular unit as grounds for obtaining a permanent variance
to allow the continuation of such use after the health-related situation
no longer exists.
(7)
No mobile/manufactured home or modular unit installed pursuant
to such temporary permit shall be located closer than 50 feet to the
permanent residence.
(8)
No additions to any mobile/manufactured home or modular unit
shall be constructed except for porches and/or decks.
(9)
Any mobile/manufactured home permitted under this subsection
shall be skirted within 30 days of occupancy.
(10)
The separation restrictions for mobile/manufactured homes provided for in § 190-7 of this chapter shall not be applicable under this subdivision.
(11)
No mobile/manufactured home or modular unit permitted hereunder
shall be greater than 1,000 square feet.
(12)
The fee and the renewal fee for a temporary permit shall be
established by the Town Board.
[5]
Editor's Note: The Table of Dimensional Regulations is included as an attachment to this chapter.
EE.
Truck terminal, truck transfer station.
(1)
The lot area shall not be less than 20,000 square feet.
(2)
No church, school, library, playground or similar place of public
assembly shall be within 500 feet of the site.
(3)
All outside fuel pumps, lubricating and other devices shall
be located at least 25 feet from any building, structure or street
line.
(4)
No repair work shall be performed outdoors.
(5)
All fuel, oil, gasoline or similar substances shall be stored
at least 30 feet from any and all lot lines and installed and maintained
in accordance with the standards of the National Board of Fire Underwriters
and in conformity with all federal, state and local laws, rules and
regulations.
(6)
All dismantled automobiles, trucks, tractors, trailers and similar
equipment, and parts and accessories thereof, shall be stored within
a building.
(7)
All parking areas for operating vehicles shall be paved, curbed
and drained in accordance with municipal specifications. Such areas
shall be at least 50 feet from any Residence District boundary and
at least 10 feet from any property line. No vehicle shall park or
stand outside such paved parking area.
(8)
Screening shall include planting of evergreen bushes or trees
in addition to a fence so that truck motor noise and the sound of
overnight operation of refrigeration units will tend to be muffled.
FF.
Two residences on the same lot. Generally, this chapter does not
permit more than one residence on the same lot. However, where there
is proposed to be more than one residence on a single lot, such additional
residence shall be allowed by special permit (SP) in the RRA-1 and
RRA-2 Zones in the following circumstances:
(1)
Where the second residence shall be located on the lot in a
manner so that all of the minimum dimensional requirements governing
the location for each residence are met. Specifically, the residences
shall be located so that, in the event of a future subdivision of
the property, all of the dimensional requirements set forth in Appendix
B[6] will be met by each residence; or
[6]
Editor's Note: The Table of Dimensional Regulations is included as an attachment to this chapter.
(2)
In a case where the second residence cannot be located on the
lot in a manner so that all of the minimum dimensional requirements
governing the location for each residence are met, the second residence
shall be allowed as an accessory use for the first residence, provided
that:
(a)
No future subdivision separating the two residences will be
permitted, and this restriction shall be noted on the building permit
and certificate of occupancy for the second residence.
(b)
The second residence must still meet the front yard, side yard
and rear yard setbacks for a dwelling in the applicable zone.
(c)
The second residence shall not be greater than 2/3 the size
of the existing residence unless the subject lot is 10 or more acres.
(d)
The lot shall be at least two acres in the RRA-1 Zone and at
least four acres in the RRA-2 Zone.
GG.
Vehicle repair shop.
(1)
Storage of waste material. All refuse, discarded parts, etc.,
as a result of servicing motor vehicles, equipment, etc., shall be
stored in an enclosed structure or fenced area so as not to be visible
from adjacent lots until disposed of. None of these materials may
be disposed of on the lot.
(2)
The number of motor vehicles that may be temporarily stored,
not exceeding four months, at a repair or service establishment shall
be as determined by the Planning Board and shall be based on the amount
of adequate off-street parking spaces available and location in regard
to how it is screened from the public right-of-way and/or neighboring
residential uses. These spaces shall be clearly delineated on all
site plan and special use permit applications.
[1]
Editor's Note: The Table of Dimensional Regulations is included as an attachment to this chapter.
The Town of Ghent has adopted Local Law No. 5 of the year 2004,
which regulates the placement, construction, modification and removal
of wireless telecommunications facilities. All requirements for the
issuance of a special permit in connection with the placement, construction,
modification and removal of wireless telecommunications facilities
are set forth and governed by said local law.
