Article IV Use Regulations

The emission of dust, dirt, smoke, fly ash, airborne particulates, odor or noxious gases, beyond the boundaries of the lot on which such use is situated and which creates an adverse impact to the health or safety of persons, or the peaceful enjoyment of property, or creates a significant adverse impact to the environment, animals, plant life or property, is prohibited. Exceptions to this standard are emissions produced by properly permitted, installed, and operated appliances, wood stoves, or fireplaces used as a heat source or for cooking for a residence and from occasional use of a fire pit, campfire or a sugar house.

No glare or heat shall be produced that is perceptible beyond the boundaries of the parcel or lot on which such use is situated. All outdoor lighting fixtures shall be shielded and directed down to prevent glare or traffic hazard on surrounding properties and roads as well as to promote energy efficiency and the limitation of unnecessary light. Outdoor lighting shall be generally consistent with Dark Sky international outdoor lighting standards.

If a use or occupancy of property generates noise above the ambient noise level in the general vicinity of the property on a continual or repetitive basis for more than four hours in duration, that increased noise level must not be perceptible beyond the boundaries of the parcel or lot on which such use generating the noise is situated. Generators used during a power outage or during allowed daytime construction activities are exceptions.

There shall be no discharge or injection of any material of any nature into, or any modification of, any wetland, watercourse or public or private disposal system or into the ground, which may degrade water quality or contaminate any water supply or otherwise endanger health, property or the environment except that which is permitted by state and local regulations.

No activity shall create a physical hazard to persons or property by reason of fire, explosion, radiation, electromagnetic disturbance or other similar cause.

There shall be no storage of any material, either indoors or out, in such a manner that creates a nuisance, facilitates the breeding of vermin, or otherwise endangers human health or the environment.

No activity shall create a physical hazard by reason of flooding. The requirements of Chapter 101 of the Town Code (Flood Damage Prevention Law), as applicable, shall be met. Surface water runoff during and after land use or development shall not have a volume, rate or velocity which exceeds that which prevailed under previously existing conditions, nor shall it overload any watercourse or drainage system with increased runoff, sediment or other pollutant.

Drainage systems shall be integrated so as to minimize erosion, sedimentation, slope instability and adverse effects on neighboring property owners, avoid concentration of water flow, prevent deflection of any receiving watercourse, and shall not transfer runoff from one watershed to another. Ponding of water shall be avoided unless it is proposed within the site plan in which event there shall be sufficient water flow to maintain water levels and to avoid stagnation. Measures to control erosion, sediment or surface water runoff shall comply with NYS DEC stormwater regulations and shall be undertaken prior to, during and after any land use or development with the smallest practical area being exposed at any time and for the shortest practical period of time prior to restoration to an attractive natural condition or the original condition, and these control measures shall be maintained as frequently as necessary to provide adequate control and to insure the free flow of water. Low impact development best management practices (as set forth in the NYS Stormwater Management Design Manual) are encouraged. These practices include bioretention, bioswales, infiltration trenches, permeable pavement, constructed wetlands and tree planting. In addition, the following requirements shall apply:

Mulching or temporary vegetation suitable to the site shall be used to protect exposed areas.

All topsoil excavated during site preparation shall be stockpiled and used for site restoration and where necessary such stockpiles shall be seeded or otherwise treated to minimize erosion.

Steep slopes (grades above 15%) where vegetation cannot be readily re-established or where problems of erosion, sediment or surface water runoff may result, shall not be disturbed or exposed.

(9)

Land use or development shall be fitted to the vegetation, topography and other natural features of the land and shall preserve as many of these features as is reasonably possible and, excluding forestry and agricultural uses, shall include the preservation, to the extent reasonably possible, of mature native and non-invasive hedgerows and trees.

(10)

Sufficient off-street parking shall be provided on site for all uses and no parking on public roads shall be permitted to satisfy parking needs. Off-street parking is deemed to be sufficient if the available parking is on-site and has enough capacity to handle the vehicles for the occupants and visitors to a property at peak usage including handicapped parking as applicable.

(11)

No nonresidential use of a structure or property shall operate past the hour of 11:00 p.m. and before the hour 6:00 a.m. on any day of the week unless specifically approved by the Town Board. This standard does not apply to any emergency services.

Accessory structures and uses.

All accessory structures and accessory uses, including accessory dwelling units, shall comply with the following provisions:

No detached accessory structure shall be located within the required front yard setback area. In the case of any detached garage, tennis court, swimming pool, or any accessory structure attached to the principal structure, all the minimum setback requirements of this chapter applicable to the principal structure shall be met. Other detached accessory structures or uses may encroach into required setback areas provided that they:

[1]

Are not used for human or animal habitation;

[2]

Have a footprint no larger than 144 square feet;

[3]

Do not exceed 16 feet in height;

[4]

Are set back at least 10 feet from side or rear lot lines;

[5]

Do not prevent emergency responder access; and

[6]

Do not shade a residential structure on an adjacent lot;

Accessory uses, whether conducted inside structures or outside, shall be allowed only if accessory to the principle use on the lot and shall not alter the character of the lot from what the principle use has established. Home occupations are considered an accessory use and shall require a zoning permit (For Level 1 home occupations) or special use permit (for Level 2 home occupations) before being established on the residential lot.

Fences, gates, mailboxes, newspaper receptacles, signs, ornamental structures, sand storage bins, garbage receptacles, and similar roadside structures with less than 100 square feet of footprint, shall not be considered accessory structures for purposes of this section.

Storage trailers, self-storage pods or containers, shipping containers, dumpsters and/or other large storage, donation, or trash receptacles (hereinafter collectively referred to as "storage containers") shall be considered temporary accessory structures and shall not be converted to permanent storage structures except by obtaining a special use permit. Storage containers shall require a zoning permit prior to placement on the property and shall be limited to 180 days from placement on the property and may be extended by renewal permit up to one additional 180-day period. This provision shall not apply to standard household trash or recycling cans or containers that are commonly used for residential dwellings or commercial properties as set forth in Subsection C(4) below.

Standard household trash or recycling cans or containers shall only be placed at the property line or end of driveway and shall be placed within as short a time before scheduled pickup as possible and removed promptly after pickup. In no case shall such cans or containers be placed more than 24 hours prior to scheduled pickup and they shall be removed within 24 hours from being emptied. They shall not be placed in the travel way or shoulder of any public road.

Outdoor storage.

Materials used in any nonresidential operation may be stored outside the structure or structures accommodating such operation. If outdoor storage is a usual part of the permitted operation and occurs for more than a few days at a time, the storage area must be appropriately placed and screened on the site. Such requirement shall not be deemed to apply to agricultural products or materials or construction materials stored on-site during a period of construction. A site plan review is required for all non-residential and non-agricultural outdoor storage uses.

Outdoor storage on all properties and for any use must be screened so that they are not visible from adjacent properties and public roadways. This provision shall not apply to standard household trash cans or trash containers that are commonly used for residential dwellings, to construction materials stored on-site during a period of construction, or logs or firewood stored for use in the residential dwelling.

Unregistered vehicles - No more than one vehicle that is not registered pursuant to, or in compliance with, New York State Law and Regulations shall be parked or stored outside of a fully enclosed permanent building on any given lot. Any unregistered vehicle stored on a lot must be owned by an owner of the lot where such vehicle is stored. Any unregistered vehicle shall not be stored or located within 25 feet from property lines or within 100 feet from any watercourse. A vehicle is considered registered only when it has a valid, current registration sticker and valid, current inspection sticker.

Storage or parking of recreational vehicles - Outdoor storage or parking of recreational vehicles or boats of any size is permitted on a residential lot provided that such vehicle or boat is not stored between the street line and the front yard setback or within any side or rear yard setbacks except when stored in a driveway.

Storage of commercial vehicles - The outdoor storage or parking of commercial vehicles (weighing more than 12,000 pounds unloaded) on a residential lot shall be restricted to two such vehicles provided such vehicles are registered and driven by the residents of the lot and shall not be stored between the street line and the front yard setback or within any side or rear yard setbacks except when stored in a driveway. The outdoor storage of agricultural vehicles and equipment used for agricultural purposes on the property where such are stored shall be permitted in all districts.

All outdoor storage shall be located at least 25 feet from side and rear property lines except for the storage of firewood for use on premises.

Any outdoor storage that does not meet the above requirements shall require site plan approval from the Planning Board prior to the storage occurring. The Planning Board may condition such approval on suitable landscaping and screening to be provided in order to shield the outdoor storage from views of neighboring properties and public roads.

Fences, walls, screening.

The setback requirements of this Zoning Law shall not apply to retaining walls or to fences less than or equal to eight feet high in any side or rear yard, except where corner clearances are required for traffic safety, and shall not exceed six feet in height in any front yard unless required for screening of non-residential uses.

Any fence or wall in excess of the heights specified in this section shall require site plan approval by the Planning Board prior to being constructed or placed on the property.

A non-residential use shall provide sufficient fencing, screening or landscaping, maintained in good order, to obscure objectionable aspects of such use from view from adjoining residential properties and from the public right-of-way in a manner acceptable to the Planning Board.

Corner lots. Wherever a side or rear yard is adjacent to a road, the front yard setback shall apply to such side or rear yard. Corner lots shall be deemed to have two front yards, two side yards, and no rear yard. There shall be no obstruction of vision on a corner lot that creates a safety hazard on the adjacent intersecting roads. The determination of an appropriate "clear zone" on the front yards of the lot shall be made by the Code Enforcement Officer working in consultation with the Town Highway Superintendent for Town roads, the Columbia County Department of Public Works for County roads, and/or the New York State Department of Transportation for State highways or roads.

Projections into required setbacks. There shall be no projections into required setback areas from any structure. Porches, decks, stairs, cornices, eaves, and all other architectural features shall not be permitted to encroach into minimum required setback areas.

Sanitary waste disposal systems. All systems for the disposal of sanitary waste shall strictly conform to all applicable state, county and local regulations, laws and ordinances and shall not be located in wetland areas, areas with a permanent, fluctuating or seasonal high water table, in areas with ledge rock or in areas subject to flooding. No part of a sanitary waste disposal system shall be located within 150 feet of the mean high water mark of any watercourse.

Driveway standards, private roads. All driveways and private roads shall conform to the standards and requirements set forth in Chapter 160 of the Town Code.

Streams and wetland buffers.

All land use or development within a stream or within 30 feet of the mean high water mark shall be strictly prohibited and between 30 and 100 feet of the mean high water mark shall be subject to site plan review, except that nothing herein shall be deemed to prohibit or require any variance under this Chapter for normal maintenance or for the installation of stream improvement structures which are solely for the purposes of fisheries management and/or soil and erosion control.

All stream improvement structures for fisheries management purposes or soil and erosion control which have a permit from the New York State Department of Environmental Conservation under Article 15 (Protection of Waters) of the Environmental Conservation Law shall not require any certificate, site plan review or variance under this chapter.

All land use or development within the boundary of a wetland or within 30 feet therefrom shall be strictly prohibited and between 30 feet and 100 feet of said boundary shall be subject to site plan review. The boundaries of such wetland shall be delineated and reviewed by the applicable agency with jurisdiction (DEC for NYS regulated wetlands or Army Corps of Engineers for federally regulated wetlands) in order to accurately determine such distances.

Nothing herein shall be deemed to prohibit or require any certificate, site plan review or variance under this chapter for the following activities:

The removal of any dead, damaged or downed tree or other vegetation that present safety or health hazards;

§ 195-14 Additional requirements and standards for special permit uses.

The cutting of the occasional tree for firewood within the area between 30 feet and 100 feet of the boundary of a wetland or the mean high water mark of a lake, pond or stream provided such firewood is for personal use by said lot owner.

Signs. All signs must be compliant with the sign regulations set forth in Chapter 148 of the Town Code.

[Amended 7-17-2025 by L.L. No. 3-2025]

Introduction.

A use designated in § 195-12, Schedule of Use Regulations, as requiring a special use permit or other identified approval means that the use may be allowed only if the applicant proves that the particular use in its proposed location and setting will comply with all standards and requirements set forth in this chapter including the provisions in this section which apply to the specific use proposed. Generally, the applicant must prove that the proposal will not unreasonably or adversely affect surrounding properties or uses, the natural environment, and the rural and historic character of the Town. The standards and requirements set forth in this section address the particular attributes of the identified use and must be met in order for the special use permit to be approved.

In executing its authority and jurisdiction to review and approve applications for uses pursuant to the Schedule of Use Regulations in § 195-12, the reviewing board or official may require, as part of its approval, conditions as are appropriate to mitigate or address any potential impacts that may result from the proposed use. Such conditions may include, but not be limited to, designating hours of operation and addressing other operational aspects of the proposed use so as to mitigate impacts to the surrounding properties and community.

Permit term and renewals: The Planning Board may, in its discretion, issue a special use permit for a term of duration with a requirement of renewals if it determines that a review of actual operations is necessary in order to ensure that the criteria and all conditions that may be placed on the approval can be met or to monitor the use during actual operation. In reviewing applications for the renewal of a special use permit for this use, the Planning Board shall review all operations of the facility and the site, determine how well the facility and the site meets the special use permit conditions imposed by the Planning Board, especially conditions relating to noise, safety, and conformity to area character, and shall evaluate whether any issues or complaints have arisen, and shall review an up-to-date site plan and, if relevant, a management plan. Renewals shall require a public hearing prior to the Planning Board's final decision on the renewal.

The following provisions are minimum standards that apply to all uses that require a special use permit. Where similar standards are provided for certain uses, the more restrictive or higher standard shall apply.

Parking. The Planning Board shall consider the adequacy and arrangement of vehicle traffic access and circulation as well as the location, arrangement, appearance and sufficiency of off-street parking. Off-street parking shall be required so that abutting roads are not used for parking requirements. Generally. one off-street parking space shall be provided for each employee or staff person that will be present on site at one time with additional spaces, as needed, to accommodate parking for customers, guests or patrons. Parking and loading areas shall be permitted in the front yard provided there is adequate space for parking and safe access and circulation is demonstrated. The Planning Board has discretion to require buffers, fencing or screening around designated parking areas as may be appropriate in consideration of adjacent right-of-ways or properties. Adequate parking shall be available for persons with disabilities. Such parking shall meet all requirements of the Americans With Disabilities Act.

Access. No more than two vehicular points of access shall be allowed to any one site or facility.

Noise. If the proposed use involves equipment or processes that create noise above ambient levels, the Planning Board may require a noise analysis, and if needed, noise mitigation to maintain the area's existing ambient noise levels and/or the Planning Board may limit the operation of such to certain hours of the day.

Lighting. There shall be no glare emitted beyond the property boundaries. All lights shall use full cut-off shielded fixtures. The location and all on-site lighting shall be approved by the Planning Board.

(e)

Screening. Where a property on which a use requiring a special use permit is proposed, the Planning Board may require a wall, fence, landscaping or other buffer to be installed. Said buffer shall be no less than 10 feet in width. Additional screening may be required in the front yard if deemed appropriate by the Planning Board.

(f)

Signs. All signs must be compliant with the sign regulations set forth in Chapter 148 of the Town Code.

(g)

Emergency access. All facilities and outdoor areas shall be designed to provide adequate access for fire-fighting vehicles and equipment to all buildings and structures. Adequacy of this access should be reviewed by the local fire chief and a letter, signed by the local fire chief, determining that the proposed site is adequate for emergency access may satisfy this requirement.

(h)

Compatibility. Applicants must clearly demonstrate that the use will be compatible with the adjoining uses, particularly with regard to traffic circulation, parking, noise, odors, lighting, garbage disposal, hours of operation, appearance and environmental impacts.

Animal care.

The provisions of this section apply to both indoor and outdoor animal care as those terms are defined in § 195-58 of Article XV.

Application requirements. The special permit application shall include, in addition to the information and documents required pursuant to § 195-33 (the special permit application requirements), a description of the type or types of animals to be sheltered or cared for, the types of services to be provided, the number of animals to be sheltered and the number of persons involved on-site in the care of the animals.

Parking. On-site parking shall be provided to accommodate all parking needs for staff, attendees and deliveries. There shall be, at a minimum, one space for each staff-person; one loading or parking zone for service providers or deliveries, and, if for a veterinary clinic, one space for every customer at peak demand.

Noise control. Noise generation is of particular concern with this use in order to not significantly impact neighboring properties. As such, the Planning Board may require a noise analysis, as part of the special use permit application. In general, all animals, being boarded, sheltered or otherwise cared for, shall be confined indoors at least during the hours from 9:00 p.m. until 7:00 a.m. The Planning Board may adjust these hours according based on the particular facts of the application. In addition, there shall be an attendant or attendants on-site at all times during daytime to ensure that barking and other noises do not persist for more than one-half hour at a time and not persistently throughout the day. Buildings or structures in which animals are to be housed should be equipped with noise dampening features and shall be set back from property lines at a sufficient distance in order to minimize noise to surrounding properties. The Planning Board may require fencing or vegetative screening to enhance noise reduction.

Buildings or structures in which animals are to be housed shall have adequate provisions for heat, ventilation and sanitation for proper maintenance of the health of the animals. Adequate provisions shall be made for sanitary disposal of animal waste to preclude odors from becoming a nuisance and to manage insect proliferation. Sufficient housing shall be provided to ensure that all animals at the facility can be confined inside one or more buildings or structures simultaneously.

Additional Planning Board review criteria. The following factors shall be assessed in the processing and review of a special use permit application pursuant to this section. No special use permit application shall be granted unless the Planning Board finds that this use, as approved, complies with all of the standards and operational limitations set forth in this Zoning Chapter and that it will be compatible with surrounding land uses as follows:

The design of the facility where animals are to be present in terms of its physical and operating characteristics shall be compatible with existing land uses in the neighborhood, district, and Town.

The number, size, type and temperament of the animals to be sheltered, housed or cared for shall be considered to ensure the health, safety and general welfare of the community. Adequate provisions shall be made to ensure that animals remain confined and do not exit the premises without being restrained, leashed or otherwise under control.

The distance to surrounding noise receptors, including residences, from the facilities or areas where animals will be is such that adverse impacts are mitigated.

The allowed number of animals that may occupy the site at any given time shall be considered and shall be limited to a specific number as determined by the Planning Board in consideration of all the factors in this section.

Art or craft gallery.

The gallery shall not be larger than 1,500 square feet of space which includes storage for such purposes. An office or employee break room shall not be considered in the maximum area calculation.

Viewings and sales to the general public shall be permitted from the premises. Outdoor displays may be allowed provided the area of displays and hours of display are indicated in the application materials. The Planning Board may limit or restrict the area of displays and hours of displays if it may affect neighboring properties.

The facade of buildings and structures shall be compatible with the rural character and adjacent development.

The applicant shall submit proposed hours of operation, capacity for visitors and such other information concerning aspects of the proposed operation as it may relate to environmental or community impacts.

Art or craft studio.

The studio and/or gallery use shall not be larger than 1,500 square feet of space which includes storage for such purposes. An office or employee break room shall not be considered in the maximum area calculation.

All uses, processes and storage of materials and equipment or tools shall be within a fully enclosed structure or within an area that is fenced or otherwise screened from adjoining properties and roads. No equipment or apparatus incidental to the production of arts or crafts shall be visible from the property lines or roads.. The building or area where production takes place shall be set back no less than 100 feet from any lot line.

No sales to the general public shall be permitted from the premises unless a special permit for an art and craft gallery has also been obtained.

The facade of buildings and any accessory structures shall be compatible with the rural character and adjacent development.

The applicant shall submit a list of any other permits that may be required for the operation as well as a list of the goods and materials to be stored and/or manufactured.

The applicant shall submit proposed hours of operation, schedule of deliveries, number of employees, types of material utilized in the processing, and other information concerning aspects of the proposed operation as it may relate to environmental or community impacts.

Bed and breakfast.

A bed and breakfast shall be owner-occupied and its certificate of occupancy shall so stipulate. Further, all bed and breakfasts must also be consistent with all New York State Uniform Fire Prevention and Building Code standards for such use.

Not more than eight lodgers may be accommodated in not more than four guest rooms.

Off-street parking shall be screened from roads and adjacent properties so as to provide no variation from the residential character of the site. Off-street parking spaces for members of the owner's family residing in the dwelling unit as well as one parking space per room shall be provided.

Each bed and breakfast shall be established, maintained and operated so as to preserve and complement the residential character of the surrounding area.

Outdoor facilities for lodgers (such as picnic tables, seating areas, and other such outdoor amenities) shall be located more than 100 feet away from all property lines.

No events or entertainment shall be provided except for lodgers.

No public food service shall be offered other than breakfast for lodgers only.

Contractor's yard.

This use shall only be allowed on property which has frontage on, or has access within a 1,000 feet of, a county or state highway and which is wholly located in the Rural Residential (RR) zoning district. In addition, the requirements set forth below must be met.

All equipment and materials must either be stored in buildings and structures having a roof and a minimum of three sides or in an outdoor area that is fully screened and not located in the front yard. All motor vehicles and trailers registered for over-the-road use shall be stored only in the rear or side yards. 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.

Materials used in the business, if stored outdoors, must be located in a specific designated area on the site that is not in the front yard. No regular storage of junk or debris shall be permitted.

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 repairs are completed within a reasonable time period.

There shall be no operation or idling of vehicles or equipment on the site except what is necessary for loading, unloading, maintenance and repairs.

All outdoor lighting shall be shielded and directed downward to avoid glare.

If retail sale of any products are to be part of the use of the site, identification of that retail component must be presented to and approved by the Planning Board in order to be permitted on site.

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.

(9)

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.

Day care.

This use category shall include pre-schools and all care facilities for three or more children whether within a residence or in a non-residential building.

The facility shall be operated and maintained in accordance with applicable laws, rules and regulations relating to the care of children including, but not limited to, the child care regulations of the Division of Child Care Services of the New York State Office of Children and Family Services.

Suitable arrangements shall be made for children to be dropped off and picked up in a safe and orderly manner.

Minimum outdoor recreation and activity area of 200 square feet shall be provided plus an additional 200 square feet per every five children shall be provided, with any such outdoor recreation area located in the side or rear yard, not less than 50 feet from any neighboring residential property line. The perimeter of the recreation and activity area shall be fenced.

Food/beverage service.

The following incidental service of food or beverages shall be exempt from the provisions of this section:

School and religious facilities;

Day care;

Bed and breakfasts for the provision of breakfast meals only;

Senior housing where meals are provided to residents;

(e)

Food or beverages provided at state, county or Town public parks and activities of Town fire and ambulance companies, or other non-profit organizations located in the Town of Austerlitz.

The total footprint for the food and/or beverage service building shall be no more than 1,500 square feet, including kitchen, equipment and storage areas, and shall be no more than two floors.

Parking areas located to the side or rear of the building shall be screened from views of adjacent properties.

Where a residential building is proposed to be converted to a restaurant, exterior alterations shall be made in a manner that preserves the essential residential character of the building.

Service of alcoholic beverages shall meet all requirements of New York State regulations for such use.

The hours of operation shall be set by the Planning Board but if not set by the Planning Board, no operations shall occur past the hour of 11:00 p.m. and before the hour 6:00 a.m. on any day of the week.

Institution. These are uses and facilities devoted to serving the public. They are unique in that the primary objective of uses under this category is the provision of services, frequently on a non-profit basis, rather than the sale of goods or services. It is intended that these uses within will be compatible with adjoining properties. Such use shall not include any other uses that are prohibited in the Town. If a use that is not prohibited in the Town and is proposed to be included as part of the institutional use, that use is not allowed as part of the institutional use until it receives a permit or approval for that use. For example, a governmental institutional use includes meetings or hearings of officials and public attendees. For religious uses, typical ceremonies and services involving gatherings of the congregation are part of that institutional use such as the actual wedding ceremony or funeral services. However, a reception, prior to or following the ceremony, that meets the criteria of an Event, such as a wedding reception of more than 25 attendees, shall require approval of the Town Board. A memorial service or gathering held in conjunction with a funeral service is excepted from the event requirement.

The special permit application shall include, in addition to the information and documents required pursuant to § 195-33 (the special permit application requirements), a description of all uses planned at the facility including maximum number of staff and people to be served as well as hours of operation.

Parking. On-site parking shall be provided to accommodate all parking needs for staff, attendees and service providers or deliveries.

There shall be, at a minimum, one space for each staff-person; one loading or parking zone for service providers and deliveries, and one space for every two persons that will be served by, or will visit, the facility.

All parking areas and driveways located within 200 feet of adjacent residential property shall be screened with a minimum three foot high, solid, decorative wall or a landscaped berm providing equivalent screening or a combination of both.

Landscaper yard.

Materials or plantings used for landscaping, if stored outdoors, must be located in a specific designated area on the site that is not in the front yard. No regular storage of junk or debris shall be permitted.

There shall be no operation or idling of vehicles or equipment on the site except what is necessary for loading, unloading, maintenance and repairs.

All outdoor lighting shall be shielded and directed downward to avoid glare.

No retail sale of any products shall be permitted on site.

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.

Lodging.

One or more principal buildings may be located on a lot. A principal building shall be separated from another principal building a distance of no less than 25 feet.

The maximum number of lodging rooms shall be 10.

Lodging sleeping rooms shall not contain full kitchen facilities and shall not be used as apartments.

The following accessory uses may be permitted:

One apartment, with or without kitchen facilities, for the use of the hotel or motel manager or caretaker and his family within the lodging facility.

A coffee shop or dining room. Such facilities shall be located within the principal building.

The lot shall be of adequate size and shape to provide one parking spot for each lodging room, employee and property owner, located to the rear of the principal building where possible.

The Planning Board may require fencing, earth berms, evergreen vegetation or other buffers to reduce visual conflicts with neighbors.

No more than one free standing sign to identify the property is permitted. Up to three other free standing signs to identify traffic and parking circulation only may be permitted. No external illumination shall be allowed for any sign.

Meals offered to lodgers may be allowed as an accessory use. When meals are also offered to the general public all requirements for food/beverage service shall be met.

(9)

Recreational facilities for the sole use of lodgers are permitted as accessory uses including pool, playground, tennis or other game courts, game or recreation rooms, office and lobby.

(10)

No events of any kind are allowed on the premises unless approved by the Town Board pursuant to § 195-22 of this chapter.

Multi-family dwellings and senior housing. The following design guidelines shall apply to multi-family dwellings and senior housing.

Buildings and sites shall be designed to emphasize pedestrian scale, human scale architecture and landscaping. Building entrances shall front the existing frontage road and the main facade shall be oriented to be parallel with the frontage road.

Buildings shall be designed to appear similar to single-family dwellings. All sides of a building open to view by the public shall display a similar level of architectural quality as existing buildings located nearby the site and shall be subdivided and proportioned using features such as windows, entrances, awnings, or other such features.

Buildings shall be constructed of quality exterior surface materials that are, or appear to be, natural materials such as wood or stone.

The development shall be designed with a coordinated pedestrian system (sidewalks and/or pedestrian paths) that provides access to the primary entrances to buildings, guest parking and development amenities.

Outdoor lighting may include pedestrian-scale lighting fixtures provided along sidewalks and walkways to provide ample lighting during nighttime hours.

Trash receptacles or dumpsters shall not be located in the front yards and shall be screened by vegetation or fencing.

All areas of the development not devoted to impervious surfaces shall be landscaped with appropriate trees, shrubs, ground cover and grass. All reasonable efforts shall be made to preserve significant healthy trees and existing green space, including sensible and preventive construction practices, and wherever possible should integrate existing natural attributes and topography in the design of the new development through minor changes to the placement and design of buildings and paving.

Landscaping should be designed and constructed to promote on-site water management and infiltration through the use of native plants and porous landscape detention, swales, and filter strips.

Non-commercial excavation.

Non-commercial excavation as that term is defined in Article XV, § 195-58 (Definitions) is allowed in the Rural Residential pursuant to Subsection M(4) below, upon issuance of a special permit and site plan approval by the Planning Board. All commercial excavation, as that term is defined in Article XV, § 195-58 (Definitions), is prohibited in all zoning districts of the Town.

The following activities are allowed in all zoning districts without the requirement of a zoning permit:

Within any parcel:

[1]

Excavation/extraction that affects less than 20 cubic yards of material;

[2]

Stripping that affects less than 10,000 square feet of ground surface;

[3]

Grading which affects less than 10,000 square feet of ground surface;

[4]

Filling which does not exceed a total of 20 cubic yards of material.

Excavation, stripping, grading or filling undertaken pursuant to generally acceptable agricultural practices as defined by the State Department of Agriculture and Markets to enhance the agricultural use of lands or to provide for structures or other improvements which benefit or are necessary for ongoing or imminent agricultural activities. This exemption applies only to excavations where: (i) the mineral removal and subsequent reclamation enhances the agricultural usability or productivity of the land: (ii) does not involve the sale or exchange of mineral resources to off-site locations; and (iii) the area of excavation, stripping, filling or grading is no more than 1/2 acre. Where such area is greater than 1/2 acre a zoning permit shall be required and site plan approval shall be required where such area is more than 10 acres.

The excavation or grading of an area necessary to prepare a site for construction in accordance with an approved building permit, site plan or subdivision plan, provided that the excavation takes place within the project site, does not involve the sale or exchange of mineral resources to off-site locations and is a clearly integral and incidental part of the involved project activities.

Household gardening and activities related to the maintenance of landscaping on a single parcel.

Those activities included within the definition of the term non-commercial excavation, are subject to the following standards in addition to the general standards and requirements set forth in this chapter:

No mining and excavation activity shall occur within 400 feet of any wetland, water body or watercourse whether or not such water body or watercourse is located on the parcel of property where the activity is proposed to occur.

A buffer area shall be maintained between any portion of the mining and excavation area and all property lines and public roads or right-of-way lines and such area shall be at least 200 feet from such lines and a greater buffer area may be required where deemed necessary by the Town Board in order to mitigate impacts to public health, safety, or the environment, including but not limited to visual impacts.

Additional screening, including berming, plantings and/or fencing be provided within the buffer area where sufficient natural vegetation and topography is not present to provide a visual barrier to the mining or excavation activity.

Perimeter protective fencing may be required to protect public health and safety when deemed appropriate by the Planning Board.

(e)

No blasting shall occur as part of such mining or excavation activity unless by specific approval by the Town Board.

(f)

The excavation/mining of hard rock or hard rock quarrying shall not be allowed.

(g)

The operating area during any stage of the mining or excavation activity shall be limited to a land area of not more than one acre.

(h)

Upon completion of the mining or excavation activity, the site shall be restored within one year of the completion of the activity in a reasonable fashion so that the area does not create a safety, health or environmental hazard or visual blight; such restoration may include restoration of topsoil and vegetative cover or reuse for a permitted use.

(i)

Conditions may be attached to the special use permit to prevent damage to Town roadways from truck traffic associated with the activities, including but not limited to the restricting truck traffic routes and/or requirement for posting a performance bond.

(j)

Conditions may be attached to the special use permit with respect to the control of noise, dust, erosion and stormwater runoff control, and restricting the hours of operation.

(k)

A site plan incorporating all applicable items contained in § 195-30C of this chapter as determined by the Planning Board shall be submitted and approved in conjunction with the special use permit. Site considerations should include avoidance of operating areas to be located within aquifer protection zones, within 1,000 feet of residences, schools, public parks and recreation areas, and within areas clearly visible from public roads.

(l)

All applicable provisions of federal, state, county and local laws, ordinances, regulations, and rules shall be fully complied with.

Nursery/greenhouse.

The provisions in this section apply to a nursery or greenhouse which is not located on an active farm or associated with an active farm.

The area where retail sales are to be conducted shall not be larger than 1,000 square feet of space. An office or employee break room shall not be considered in the maximum area calculation. The total combined size of all structures used for the housing, growing or sale of plants, shrubs, trees and materials shall not be more than 1,500 square feet.

Viewings and sales to the general public shall be permitted from the premises. Outdoor displays for retail purposes are allowed provided the area of displays and hours of display are indicated in the application materials. The Planning Board may limit or restrict the area of displays and hours of displays if it may affect neighboring properties.

All storage of products or materials other than plantings or organic materials shall be within a fully enclosed structure or within an area that is fenced or otherwise screened from adjoining properties and roads. No equipment or apparatus incidental to the nursery or greenhouse shall be visible from the property lines or roads.

The facade of permanent buildings and structures, other than greenhouses, shall be compatible with the rural character of the surrounding area.

The applicant shall submit proposed hours of operation, schedule of deliveries, number of employees, types of plantings to be grown or offered for sale, and other information concerning aspects of the proposed operation as it may relate to environmental or community impacts.

Office.

No office use shall be larger than a maximum total of 1,000 square feet devoted to the office use.

An office use in the Rural Residential (RR) Zoning District must have a minimum of 100 feet of frontage on a county or state road.

Where a residential building is proposed to be converted to an office, exterior alterations shall be made in a manner that preserves the essential residential character of the building.

When an office use is to be combined with one or more other non-residential use in one building or in multiple buildings on the same lot, the total combined area of all such uses shall not be more than 1,500 square feet.

Personal service.

No personal service use shall be larger than 1,000 square feet of space used for personal service purposes, which includes storage for such purposes. An office or employee break room shall not be considered in the maximum area calculation.

A personal service use in the Rural Residential (RR) Zoning District must have a minimum of 100 feet of frontage on a county or state road.

Where a residential building is proposed to be converted to a service business, exterior alterations shall be made in a manner that preserves the essential residential character of the building.

When a service business is a home occupation, all requirements of Article VII (Home Occupation) shall also be met.

When a personal service use is to be combined with one or more other non-residential use in one building or in multiple buildings on the same lot, the total combined area of all such uses shall not be more than 1,500 square feet.

Retail.

This section applies to both retail I and retail II uses.

No retail use shall be larger than 1,000 square feet of space used for retail purposes, which includes storage for retail purposes. An office or employee break room shall not be considered in the maximum area calculation.

Outdoor storage or display of goods, wares or commodities may be allowed on a limited basis but only with specific site plan approval for same.

Where a residential building is proposed to be converted to a retail business, exterior alterations shall be made in a manner that preserves the essential residential character of the building.

A retail I use shall not be contained within, or located on a parcel with, a single-family residence and shall not be considered a home occupation. A retail II use may be contained within, or located on a parcel with, a single-family residence as a home occupation.

When a retail use is to be combined with one or more other non-residential use in one building or in multiple buildings on the same lot, the total combined area of all such uses shall not be more than 1,500 square feet.

Sawmill/wood processing.

The hours of operation shall be limited to between 7:30 a.m. and 6:00 p.m. The Planning Board may require sound mitigation measures if necessary.

No sawmill activity or storage shall be within 100 feet from the stream edge or any wetland as defined by state or federal law.

All sawmill by-products shall be disposed of on a regular basis. No storage of logs, lumber, sawdust, bark, scrap wood, or equipment of any kind shall be permitted within any yard setback area.

Vehicular access to the sawmill shall be via a minimum 12-foot wide access drive that includes a 25-foot apron adjacent to the street which must be either paved or stone.

All aspects of the sawmill operation (except access drives) shall be set back no less than 200 feet from all property lines, and 500 feet from any residentially-zoned and used property.

If the facility includes a building or structure, the structure shall be no more than one-story with a 1,000 square foot footprint.