This article provides additional regulations for uses that are generally considered to have a higher potential for incompatibility with residential or low-impact commercial uses without proper mitigation measures. The purpose of the regulations contained herein is to promote the health, safety, and general welfare of the public, while also protecting property values and the character of the immediate neighborhood and greater Clarkson community.
These regulations are intended to mitigate the potentially undesirable impacts of certain uses, which by reason of the nature or manner of operation, are or may become hazardous, obnoxious, or offensive owing to excessive and undue increases in the production and presence of odors, dust, smoke, fumes, noise, vibrations, refuse matter, vehicular traffic, or human activity.
C.
Permitted uses do not require a special use permit. However, uses permitted as-of-right must obtain site plan review approval in accordance with Article 42 and conform to the additional use requirements of this article, where applicable.
D.
Should the additional use regulations of this article conflict with other requirements of this chapter, the regulations contained herein shall take precedence.
A.
Purpose. The purpose of regulating accessory dwelling units is to:
(1)
Create new housing units while respecting the design and scale of low density residential neighborhoods;
(2)
Increase the housing stock of existing neighborhoods in a manner that is less intense than multifamily dwelling alternatives;
(3)
Provide a broader range of affordable housing options that respond to changing family and household needs; and
(4)
Offer a means for residents to remain in their homes and neighborhoods while also obtaining extra income, security, companionship, and/or services.
B.
General requirements. Accessory dwelling units shall conform to the following.
(1)
Such use may only operate as an accessory use to a single-family dwelling and only where located within the primary structure within the RS-10 District. ADUs shall be permitted as a detached structure in the AR and RS-20 Districts. There shall be no more than one such use per property.
(2)
No such use shall be permitted on a nonconforming lot or within a nonconforming principle or accessory structure.
(3)
The total floor area shall not exceed 30% of the total habitable floor area of the single-family dwelling and shall not include more than one bedroom.
(4)
The habitable floor area of an accessory dwelling unit shall conform to the requirements of § 140-23.17.
(5)
All exterior entrances for accessory dwelling units located within the primary structure shall be located on the side or rear facade of the primary structure.
(6)
Where an accessory dwelling unit is permitted as a detached structure, the detached structure shall not be placed nearer to the front property line than the rear line or footprint of the main building or residence upon such lot.
(7)
No such use shall be permitted if an existing approved driveway cannot accommodate at least one off-street parking space, in addition to the parking spaces required for the single-family dwelling.
(8)
The construction, modification, addition, or demolition of such use shall not discernably alter the single-family residential character of the lot or structure located thereon.
(9)
Such use may be subject to an annual inspection by the Code Enforcement Officer to ensure compliance with the requirements of this chapter and all other local, regional, or state laws, rules, and regulations.
C.
Owner-occupancy requirements.
(1)
At least one of the dwellings (primary or accessory) shall be occupied by the property owner and maintained as their primary residence.
(2)
The property owner shall sign an affidavit before a notary public affirming that the property is their primary residence. Such an affidavit shall be submitted to the Code Enforcement Officer. Upon sale of the property, a new owner shall be required to sign and submit a new affidavit within 30 days of the close of sale.
(3)
The individual sale of an accessory dwelling unit apart from the single-family dwelling is strictly prohibited.
A.
General requirements. Accessory uses and structures shall meet all of the following requirements:
(1)
They shall not be established or constructed until the primary use or structure is constructed.
(2)
They shall be clearly incidental and subordinate to the principal structure or use by height, area, extent, and purpose.
(3)
Front Yards. They shall not be located in any required front yard area.
(4)
Height, setback and lot coverage. They shall be in conformance with the dimensional and bulk requirements of the zoning district in which they are located and shall not cause the rate of overall lot coverage to exceed the maximum rate permitted.
(5)
Architectural. They shall be finished with materials and/or siding that is consistent and compatible with the existing character of the primary structure and surrounding neighborhood.
(6)
Obstruction. They shall not obstruct, block, or force the enclosure of any structural opening (windows, doors, etc.), open porch, deck, or terrace, or required vehicular or pedestrian accessway.
B.
Special requirements for residential accessory uses and structures. Accessory uses and structures in residential districts shall also meet all of the following requirements:
(1)
One accessory building shall be permitted on any residential lot in the Town of Clarkson, with the following limitations and under the following conditions:
(a)
Setbacks. The placement of any such building shall conform to all setback requirements applicable to the district.
(b)
Front yards and side yards. They shall not be located in any required front yard area or side yard area.
(c)
No such building shall be placed nearer to the front property line than the rear line or footprint of the main building or residence upon such lot.
(d)
No such building shall be larger than 25% of the square footage of the main building or habitable floor area of the residence upon such lot, or 2% of the lot size, whichever is larger. In no case shall the accessory building exceeded 2,500 square feet in size. Agricultural buildings on working farms are exempt.
(e)
Site plan. If the accessory building is more than 600 square feet in area, site plan approval shall be required.
(f)
(g)
Shipping or cargo containers, trailers, truck compartments, and similar portable storage containers are prohibited in residential districts unless a 30-day permit is issued by the Building Department for the following temporary storage purposes: fire, structural damage or moving. Such permits may be renewed for up to two 30-day periods for no more than 90 days total.
(2)
Each application for a building permit to construct, build or erect an accessory building shall be accompanied by plans in sufficient detail to show:
(a)
A plot plan of the property showing the location of the accessory building in reference to side lines, rear lines and other buildings of the lot.
(b)
Accessory building dimensions, depth and area.
(c)
That the requirements of the New York State Uniform Fire Prevention and Building Code have been met.
(d)
An estimate of the cost of the accessory building.
(e)
A plan that shows any changes to the grading of the lot and the impacts on drainage.
C.
Residential accessory uses and structures. The following shall be considered permissible residential accessory uses or structures for the purposes of this chapter:
(1)
Decks, patios, terraces, seating areas, or gazebos.
(2)
Residential garages, carports, off-street parking areas and driveways.
(3)
Enclosed storage structures, such as sheds.
(5)
Playgrounds or playhouses.
(7)
Noncommercial nurseries, gardens, or greenhouses.
(8)
Fire escapes or other such structures intended to maintain the health, safety, and welfare of residents within the dwelling and the general public.
(9)
Ramps, lifts, or other such structures intended to provide an increased level of accessibility to the structure or use.
(10)
Dish or radio antennas no more than one meter in diameter and intended for noncommercial use. Such antennae shall not extend more than 30 inches above the roofline or exceed the maximum building height of the district, whichever is less.
(11)
Personal generators, air-conditioning units, and other small-scale mechanical equipment for noncommercial use, provided such equipment is located in the side or rear yard.
(12)
Green infrastructure installations, such as rain barrels, rain gardens, or bioswales.
(13)
Other uses and structures which the Code Enforcement Officer deems appropriate by virtue of similarity in nature, activity, and/or extent to those already listed.
D.
Nonresidential accessory uses and structures. The following shall be considered permissible nonresidential accessory uses or structures for the purposes of this chapter:
(1)
Decks, patios, terraces, or seating areas otherwise not programmed for public use as part of the primary operation. Outdoor seating and assembly areas shall be in conformance with site plan approval.
(2)
Garages or carports and off-street parking and loading areas, including charging stations and EVSE, with site plan approval.
(3)
Enclosed storage structures, such as sheds.
(5)
Playgrounds or playhouses.
(6)
Nurseries, gardens, or greenhouses.
(7)
Fire escapes or other such structures intended to maintain the health, safety, and welfare of employees, patrons, and the general public.
(8)
Ramps, lifts, or other such structures intended to provide an increased level of accessibility to the structure or use.
(9)
Dish or radio antennae no more than two meters in diameter when screened from public view and adjacent residential property. Such antennae shall not extend more than five feet above the roofline or exceed the maximum building height of the district, whichever is less.
(10)
Generators, HVAC systems, and other mechanical equipment, provided such equipment is located, screened, and operated in accordance with the requirements of this chapter.
(11)
Green infrastructure installations, such as rain barrels, rain gardens, or bioswales.
(12)
Pump houses, water towers and storage tanks.
(13)
Walkup service windows with site plan review approval.
(14)
Clinics, cafeterias and recreational facilities for the exclusive use of employees of the principal use, with site plan approval.
(15)
Other uses and structures which the Code Enforcement Officer deems appropriate by virtue of similarity in nature, activity, and/or extent to those already listed.
A.
Purposes and considerations.
(1)
In the execution of this article it is recognized that there are some uses which, due to their very nature, have serious objectionable characteristics. The objectionable characteristics of these uses are further heightened by their concentration in any one area, thereby having deleterious effects on adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhoods or land uses.
(2)
It is further declared that the location of these uses in regard to areas where our youth may regularly assemble and the general atmosphere encompassing their operation is of great concern to the Town of Clarkson.
(3)
These special regulations are itemized in this article to accomplish the primary purposes of preventing a concentration of these uses in any one area and restricting their accessibility to minors.
B. ADULT BOOKSTORE ADULT DRIVE-IN THEATER ADULT ENTERTAINMENT CABARET ADULT MOTEL ADULT THEATER PEEP SHOWS
Definitions. As used in this article, the following terms shall have the meanings indicated:
An establishment having as a substantial or significant portion of its stock-in-trade any of the following: books, magazines or other periodicals; instruments, devices or paraphernalia which are designed for use in connection with specific sexual activities; films, slides and video tapes; and which establishment is customarily not open to the public generally but excludes any minor by reason of age.
A drive-in theater that customarily presents motion pictures that are not open to the public generally but excludes any minor by reason of age.
A public or private establishment which presents topless dancers, strippers, male or female impersonators or exotic dancers, or other similar entertainments, and which establishment is customarily not open to the public generally but excludes any minor by reason of age.
A motel which is not open to the public generally but excludes minors by reason of age, or which makes available to its patrons in their rooms films, slide shows or videotapes which if presented in a public movie theater would not be open to the public generally but would exclude any minor by reason of age.
A theater that customarily presents motion pictures, films, videotapes or slide shows that are not open to the public generally but exclude any minor by reason of age.
A theater which presents material in the form of live shows, films or videotapes, viewed from an individual enclosure, for which a fee is charged and which is not open to the public generally but excludes any minor by reason of age.
C.
Location restrictions. The adult uses as defined in Subsection B above are to be restricted as to location in the following manner in addition to any other requirements of this code.
D.
Waiver of location restrictions. The restrictions enumerated in Subsection C above may be waived by the Zoning Board of Appeals if the applicant shows and the Zoning Board of Appeals finds that the following conditions have been met in addition to the following:
(1)
That the proposed use will not be contrary to the public interest or injurious to nearby properties and that the spirit and intent of this article will be observed;
(2)
That the establishment of an additional use of this type in the area will not be contrary to any program of neighborhood conservation or improvement, either residential or nonresidential; and
E.
Lot restrictions. No more than one of the adult uses as defined above shall be located on any lot.
A.
General requirements. The following shall apply to all animal grooming shops, animal hospitals, veterinary clinics, and kennels.
(1)
Adjacent properties shall be adequately protected from noise, odors, and unsightly appearances as determined appropriate by the reviewing body in site plan review. Such protections may include, but are not limited to landscaped buffers, berming, and fencing.
(2)
A waste management plan shall be required to ensure proper upkeep of the site and disposal of animal excrement and waste.
(3)
All operations must apply for and secure proper licensing and registration as required by state and local law.
B.
Animal grooming shops.
C.
Animal hospitals, veterinary clinics, and kennels.
(1)
All services shall be provided within a completely enclosed building, with the exception of outdoor animal exercise, play, or containment areas subject to site plan review approval.
(2)
All buildings, structures, accessory use areas, and outdoor animal exercise, play, or containment areas, except off-street parking areas, shall be located at least 50 feet from any property line abutting a residential use or district.
(3)
Screening for outdoor animal exercise, play, or containment areas may be required along lot lines bordering residential uses or districts at the reviewing body's discretion.
(4)
All animals will be confined to the property and housed in an enclosed structure in humane conditions (i.e. protected from weather, clean, sanitary, adequate space, non-porous surfaces, well-ventilated, etc.) All animals shall be kept within a totally enclosed building between 9:00 PM and 7:00 AM.
A.
General requirements.
(1)
All areas for the travel or storage of motor vehicles shall be hard surfaced, suitably graded and drained, and maintained in a neat and orderly manner.
(2)
Any such use shall be buffered from adjacent uses by no less than 10 feet. The buffer area shall minimally consist either of fencing, evergreen shrubbery, coniferous trees, or any combination thereof that prevents the unwanted transmission of headlight glare across the property line.
(3)
Sufficient screening shall be provided along all lot lines abutting or adjacent to residentially zoned or developed property to block any view of operations from all points on such residential property when viewed from ground level.
(4)
Perimeter landscaping shall be a minimum of 10 feet in width along the street frontage(s).
(5)
The retail sales of fuel at automotive service or repair shops shall not be permitted, unless an additional permit is obtained for a gasoline station in accordance with this chapter.
(6)
No outdoor storage of materials, merchandise, and equipment shall be permitted during non-business hours.
(7)
No outdoor storage of unlicensed vehicles shall be permitted.
(8)
All such uses shall also comply with all applicable development standards as provided in Part 5 of this chapter.
(9)
No such use shall be permitted in the Town of Clarkson within a 500-foot buffer from the property lines of an existing automotive sales, service, or repair shop.
B.
Automotive service and repair shops. Service and repair shops shall comply with the following regulations:
(1)
The number of vehicles that can be accommodated on site for repair and storage is to be determined by the Planning Board;
(2)
Repair shops shall not be used for the storage, sale, rental or display of automobiles, trucks, trailers, mobile homes, boats, snowmobiles or other vehicles;
(3)
All maintenance, service, and repairs of motor vehicles shall be performed fully within an enclosed structure. No motor vehicle parts, partially dismantled motor vehicles, or unlicensed motor vehicles shall be stored outside of an enclosed structure for more than 48 hours; and
(4)
A spill prevention plan shall be provided.
In order to protect the residential character of the district in which it is located, a bed-and-breakfast facility shall be limited by the following criteria and/or any other conditions as determined by the Planning Board:
A.
Bed-and-breakfast shall only be permitted as a specified use in a single-family, detached dwelling;
B.
The residential character of the dwelling shall be preserved and no structural alterations, construction features, or site features of a nonresidential nature shall be incorporated. No accessory buildings shall be used for bed-and-breakfast activities;
C.
The owner/operator of the bed-and-breakfast shall live full-time on the premises;
D.
Up to two nonresidents may be engaged as employees of the bed-and-breakfast operation;
E.
A bed-and-breakfast shall have a maximum of four guest rooms with no more than two guest rooms sharing a single bath and no more than eight adult guests at one time. For the purpose of this section, "adult" means any person over the age of 18;
F.
The maximum length of stay for any guest is 14 consecutive days;
G.
Parking shall be provided in accordance with Article 30 and may not be located in the front yard where practicable. The Planning Board shall approve the location and screening of said parking spaces; and
H.
There shall be no change in the outside appearance of the building or premises that detracts from the residential character of the residence or from the residential character of the neighborhood.
A.
Wineries, breweries, and distilleries located in a mixed use district shall include a retail sales and/or tasting room space that is open to the public to maintain an active storefront.
B.
When adjacent to residential uses or districts, such uses shall be buffered to minimize visual, auditory, and odor impacts in a method approved during site plan review. Such buffering may include but is not limited to landscaping, screening, and fencing.
C.
All such uses dealing with the importation, manufacture, distribution, or sale of alcohol shall obtain a license as required by the NYS Liquor Authority and operate in accordance with the regulations therein.
D.
Bars and tasting rooms shall include a minimum food preparation area and menu that satisfies the NYS Liquor Authority's minimum food requirement.
E.
A waste management plan shall be required to provide for proper upkeep of the site and disposal of refuse. All refuse containers shall be located in the rear yard and maintain a setback of at least five feet from all property lines.
F.
Where the provision of on-site refuse containers is infeasible, a shared waste management agreement may be established between adjacent uses.
A.
All washing facilities shall be completely within an enclosed building.
B.
Vacuuming facilities may be outside of the building but shall not interfere with the free flow of traffic on or off the site.
C.
Where gasoline stations are either a principal use with or an accessory use to the car wash, the requirements of the § 140-23.14 (Gasoline and charging stations) shall also be adhered to.
D.
All areas for the travel or storage of motor vehicles shall be paved, suitably graded and drained, and maintained in a neat and orderly manner.
E.
Any such use shall be buffered from adjacent uses by no less than 10 feet. The buffer area shall minimally consist either of fencing, evergreen shrubbery, coniferous trees, or any combination thereof that prevents the unwanted transmission of headlight glare across the property line.
F.
Sufficient screening shall be provided along all lot lines abutting or adjacent to residentially zoned or developed property to block any view of operations from all points on such residential property when viewed from ground level.
G.
Perimeter landscaping shall be a minimum of 10 feet in width along the street frontage(s).
H.
In the event a car wash is abandoned the owner shall immediately remove any outdoor vacuums, and all signs. The owner shall also provide adequate protection against unlawful entry into the building and onto the property and shall close all vehicular entrances to the property. A car wash shall be considered abandoned if it is inactive for a period of 12 consecutive months.
I.
No entrance or exit drive shall be located within 100 feet of any street intersection.
J.
At least 10 reservoir spaces, as defined herein, shall be provided for the first wash rack or wash lane and five additional reservoir spaces for each additional wash rack or wash lane.
A.
No day-care shall be permitted without obtaining the proper license and registration, as required by NYS Law.
B.
All buildings, structures, and areas of organized activity dedicated to the use shall maintain a setback of at least 10 feet from all property lines.
C.
A landscaped buffer or fence of at least five feet in height shall be provided at all side and rear property lines abutting a residential use or district.
D.
Outdoor speakers and public-address or stereo systems are prohibited in residential districts.
Drive-through facilities may be allowed as an accessory use to "fast food" restaurants, pharmacies, banks, and other permitted or specially permitted uses as provided for in Articles 20, 22, and 23, provided such facilities comply with the following regulations:
A.
Access drives and vehicular lanes.
(1)
Only one access drive, or two one-way access drives, shall be permitted per street frontage.
(2)
Vehicular stacking/exit lanes, service areas, or windows shall not be located in the front yard.
(3)
All stacking/exit lanes shall be designed so that they do not interfere with off-street parking areas or vehicular and pedestrian circulation on the site. Such lanes shall be designed to reduce the impacts of traffic congestion on adjacent property and public streets.
(4)
Stacking lanes shall be accompanied by a bypass lane that allows vehicles to exit the stacking lane and to allow uninterrupted traffic circulation throughout the site.
(5)
All stacking/exit lanes and pedestrian walkways shall be delineated with landscaping, curbing, raised or decorative pavement, and/or signage that is identifiable during all seasons.
FIGURE 23.1: Drive-Through Site Plan Example  |
B.
Speakers and menu boards.
(1)
Speakers and any other such devices used for audio amplification shall be located a minimum of 30 feet from any adjacent residential property line and shall not be audible beyond the property line.
(2)
Menu boards shall not be illuminated outside of business hours.
(3)
To the greatest extent practicable, all speakers and menu boards shall face away from adjacent residential use(s) and public rights-of-way.
C.
Buffering and landscaping. All impervious surfaces, including curbing, shall maintain a setback of at least 10 feet from any abutting residential property line. Such setback areas shall be landscaped to the satisfaction of the reviewing body in site plan review.
D.
Traffic capacity limitations. No drive-through shall be permitted that is anticipated to be a significant detriment to the community or to the local road network. The applicant must demonstrate that the proposed use will not alter levels of service or utilize available traffic capacity to such an extent that it cannot be adequately mitigated or otherwise create unsafe on-site or off-site traffic conditions.
A.
General requirements. All gasoline and charging stations shall be in conformance with the following.
B.
Gasoline stations.
(1)
No such use shall be permitted in the Town of Clarkson within a 500-foot radius from the property lines of an existing gasoline and/or charging station.
(2)
No part of any filling pump, lift, or other service appliance shall be erected within 100 linear feet of a property line of any residential district or use.
(3)
No fuel pump shall be located closer than 20 feet to any side lot line nor closer than 35 feet to any street line, measured from the outside edge of the fuel island.
(4)
Minor vehicle repair or service may be permitted provided all activities are conducted within a completely enclosed building.
C.
Charging stations. The following requirements shall apply to charging stations and electric vehicle supply equipment (EVSE) established as a primary use or part of an approved accessory off-street parking area. Private charging stations and EVSE installed as an accessory use to single- or two-family dwellings are exempt.
(1)
Charging stations and EVSE shall also comply with the requirements of Article 30 (Circulation, Access, and Parking), where applicable.
(2)
Permitted EVSE shall include Level 1, 2, and 3 charging stations.
(3)
Battery charging station outlets and connector devices shall be mounted to comply with local and state building and energy codes and must comply with all relevant Americans with Disabilities Act (ADA) requirements.
(4)
Equipment mounted on pedestals, lighting posts, bollards, or other devices shall be designed and located as to not impede pedestrian travel or create trip hazards on sidewalks.
(5)
Cords shall be retractable or have a place to hang the connector and cord at least three feet off the ground. Any cords connecting the charger to a vehicle shall be configured so that they do not cross a driveway, sidewalk, or passenger unloading area.
(6)
EVSE pedestals shall be designed to minimize potential damage by accidents, vandalism and to be safe for use in inclement weather.
(7)
EVSE shall not encroach into the required dimensions of a parking space (length, width, and height clearances).
(8)
EVSE shall be maintained in all respects, including the functioning of the equipment. A phone number or other contact information shall be provided on the equipment for reporting problems with the equipment or access to it.
(9)
All charging stations shall provide EVSE in at least one accessible parking space or 25% of the minimum number of accessible parking spaces required by the ADA, whichever is greater.
A.
Residential home occupations. A residential home occupation may be allowed in a principal or accessory residential structure in accordance with the following provisions:
(1)
Permitted residential home occupations include but shall not be limited to the following uses: lawyer, accountant, author, doctor, engineer, dentist, architect, consultant, realtor, insurance agent/broker, counselor, artist, photographer, teacher, tutor, beautician, barber, tailor, and dressmaker.
(2)
Prohibited home occupations include those that would generate adverse impacts to or are incompatible with the existing character of a residential district. These uses include but are not limited to the following: ambulance services, animal care services, and motorized vehicle sales or repair.
(3)
The home occupation shall be owned and operated by the full-time resident(s) of the dwelling and shall operate wholly within the principal building or accessory structure.
(4)
Not more than one persons not residing in the household shall be employed in the home occupation. Additional individuals may be employed by or associated with the home occupation in so far as they do not report to work at the home occupation site.
(5)
The operation of a home occupation shall in no way change or alter the residential appearance or character of the premise or neighborhood in which it is located.
(6)
There shall be no exterior display or storage of materials, good, supplies, or equipment related to the operation of the home occupation.
(7)
No home occupation shall be conducted in such a manner as to produce noise, dust, vibration, glare, smoke, or smell, electrical, magnetic or other interference, fire hazard, or any other nuisance not typically found in a residential neighborhood.
(8)
Activity involving on-site retail sales is prohibited, except the sale of items that are incidental to a permitted home occupation.
(9)
Deliveries on streets within residential districts shall be permitted by two-axle vehicles only.
(10)
The quantity and type of solid waste and its disposal shall be the same as that of any other permitted residential use.
B.
Agricultural home occupations. An agricultural home occupation may be allowed in any structure associated with an agricultural use, in accordance with the following provisions:
(1)
Permitted agricultural home occupations include, but shall not be limited to, the following uses: carpenter, electrician, welder, machine shop, equipment repairperson, or small engine repairperson.
(2)
The use shall be conducted on a lot with a minimum area of five acres.
(3)
The home occupation shall be owned and operated by the property owner and shall operate wholly within the structure.
(4)
The use shall be clearly secondary to the main agricultural use and shall not change the agricultural character of the farm.
(5)
There shall be no open storage of materials, goods, supplies, vehicles, or equipment which are used for, or result from, the agricultural home occupation.
(6)
No use shall be noxious or offensive by reason of the hours of operation or the emission of; noise, electrical interference, vibration, smoke, dust or other particulate matter, odorous matter, heat, humidity, glare, refuse or other objectionable emission.
(7)
Activity involving on-site retail sales is prohibited, except the sale of items that are incidental to a permitted home occupation.
(8)
No use shall create a safety hazard for the existing residential and agricultural activities on or adjacent to the property.
A.
Purpose. The purpose of this section is to establish safeguards for the keeping of bees, chickens, and farm animals within the Town to protect the public health, safety, and welfare.
B.
Bees.
(1)
No bees shall be allowed in multifamily complexes, including duplexes, without the express written consent of the owner of the building and all tenants residing therein other than the applicant.
(2)
All colonies must be kept in structures designed for the purpose of keeping bees and shall be of a design commonly used for the housing and keeping of bees.
(a)
Hives shall not exceed 20 cubic feet in volume.
(b)
Hives shall not be located within 30 feet of any property line.
(c)
Hives shall not be located within the front yard.
(d)
Hives shall not be located within 50 feet of a preexisting swimming pool or a preexisting kenneled animal.
(e)
Hives are not permitted within 10 feet of any adjacent buildings.
(f)
To the extent possible, hive entrances shall face away from the closest neighboring property and in such a direction that the bees fly across the beekeeper's property at sufficient distance to gain a height of at least six feet at the property line.
(3)
A convenient on-site source of fresh water must be available at all times.
(4)
No bee comb or other materials may be left exposed on the property. Upon their removal from the hive, all materials must promptly be disposed of in a sealed container or placed within a bee-proof enclosure.
(5)
All colonies must be maintained with queens selected from stock bred for gentleness and non-swarming characteristics. In any instance in which a colony exhibits unusual aggressive characteristics by stinging or attempting to sting without due provocation or exhibits an unusual disposition toward swarming, the beekeeper must promptly re-queen the colony with another queen.
C.
Chickens. Chickens shall be allowed on any lot in any district if they are kept and maintained under the following circumstances:
(1)
The minimum lot size for keeping of chickens shall be three acres.
(2)
No more than 16 hens shall be allowed per property. The keeping of roosters shall be prohibited.
(3)
No chickens shall be allowed in multifamily complexes, including duplexes.
(4)
Keeping of chickens shall be considered an accessory use and is only permitted as incidental to lots on which the permitted principal use is single-family residential, and a single-family residence is already located on the property.
(5)
Chickens shall be kept for personal use only; no person shall sell eggs or meat or engage in breeding or fertilizer production for commercial purposes.
(6)
Coops or cages housing chickens, and outdoor enclosures, must be at least 20 feet from any door or window on the property and at least 120 feet from any door or window of any occupied structure on any adjoining property.
(7)
Coops, cages, and outdoor enclosures shall be located at least 100 feet from any side yard or rear yard lot line. No chickens shall be kept in the side yard or front yard areas.
(8)
Hens shall be provided with a covered, predator-proof coop or cages that are well ventilated and designed to be easily accessed for cleaning. The coop shall allow at least two square feet per hen. Chickens must be kept in coops from dusk to dawn.
(9)
Hens shall have access to an outdoor enclosure that is adequately fenced to contain the birds on the property and to prevent predators from accessing the birds. Outdoor enclosures shall be a minimum of two square feet per hen.
(10)
The enclosure area must always be well drained and clean, offer access to living vegetation, be resistant to erosion by activities of the birds, and provide access to water, shelter, and feeding areas.
(11)
The coop and outdoor enclosure must be kept in a sanitary condition and free from offensive odors. The coop and outdoor enclosure must be cleaned on a regular basis to prevent the accumulation of waste. Bedding must be kept in a dry, mold-free, friable condition, and replenished, as necessary.
(12)
The total area of all coops or cages on a lot shall not be greater than 120 square feet for up to 16 chickens. Coops and cages, singly or in combination, shall not exceed seven feet in height. Total fenced enclosure area shall not be larger than 10% of the property's rear yard open space.
(13)
Chicken feed or other food used to feed the chickens shall be stored in a rat-proof, fastened container stored within a structure, which shall only be unfastened for the retrieval of food and immediately refastened thereafter.
(14)
The chickens shall be fed only from an approved trough. Scattering of food on the ground is prohibited.
(15)
Chickens shall be kept only in conditions that limit odors and noise and the attraction of insects and rodents so as not to cause a nuisance to occupants of nearby buildings or properties and to comply with applicable provisions of both the New York State and Monroe County sanitary codes.
(16)
Chickens shall not be kept in a manner that is injurious or unhealthful to any animals being kept on the property.
(17)
Slaughtering of chickens is prohibited.
(18)
Permit required. A permit application shall be submitted to the Town of Clarkson Building Inspector for approval. Applications shall include:
(19)
Permits are valid for one year from the date of issue. Annual renewals shall require a mandatory inspection of cages, coops, and enclosures. Two or more violations within one calendar year of issue shall result in revocation of permit.
(20)
Fee. A fee schedule shall be established, and changed as needed, by resolution of the Town Board. Such fees may be charged for the issuance of permits, permit renewals and inspections.
D.
Farm animals.
(1)
Stabling of livestock or storage of manure or other material creating dust or odors shall not be permitted within 500 feet of any other residential structure or property line.
(2)
The housing and fencing of any animal(s) shall be located in the rear yard of the property.
(3)
Storage and disposal of waste shall be provided so the same shall not constitute a nuisance or potential health hazard to the public.
(4)
Appropriate shelter shall be provided for farm animals.
(5)
The Planning Board may also require screening and/or fencing for any buildings or structures located on the premises or for any corrals, runs, tracks or other open areas used by horses so that there is minimal impact on adjacent property owners. All such buildings, structures, corrals, runs, tracks, or other areas shall be maintained in a neat and clean manner.
(6)
Commercial stables or riding academies shall have a minimum lot size of 10 acres.
A.
Purpose. It is the intent of the Town of Clarkson to permit, where appropriate, the construction and development of multiple-family units in the Town. At the same time, the Town does not desire the large-scale development of these units to the extent that large areas of the Town become so devoted to such use that single-family residences would appear out of place. Accordingly, special use permits shall be considered only upon application for a specific proposal.
B.
General requirements.
(1)
In accordance with the intent of this section, no project proposal shall be considered for a special use permit if the number of multifamily units of the proposed development, taken together with all the existing and previously approved multifamily units, will exceed 30% of the total number of dwelling units of all types, both existing and approved, in the Town of Clarkson. Similarly, the multifamily units, as calculated above, shall not exceed 50% of the total dwelling units within the RS-10 District.
(a)
For the purposes of this calculation, townhomes or attached single-family dwellings shall not be considered multifamily units.
(2)
No project proposal will be considered unless adequate public water supply and sanitary sewers are available.
(3)
No single proposal outside of a planned unit development shall encompass over 300 multiple-family units.
(4)
The maximum number of dwelling units per gross acre, which acreage includes interior project roads and parking areas, depends upon the specific structural style used. Those multiple residences constructed as a linear series of noncommunicating units with no common hallways or entrances shall be limited to 10 such dwelling units per acre. Apartments constructed in the so-called "garden apartment" style, where units are above one another and have common hallways and/or entrances, shall be limited to 15 such dwelling units per acre.
(5)
Floor area. Minimum floor areas, exclusive of common areas such as halls, foyers, and basement utility areas, shall be as follows:
C.
By conversion. The conversion of an existing single-family residential building to a multifamily dwelling is subject to site plan review by the Planning Board in accordance with Article 42 of this chapter. Any such conversion shall be required to comply with the following regulations:
(1)
No dwelling unit conversion shall be permitted in a structure with less than 1,000 square feet of gross floor area.
(2)
All dwelling units and structures resulting from conversion shall comply with the standards set forth in the NYS Uniform Code. Said standards shall take precedence to this chapter should there be a conflict.
(3)
Any alterations made to the exterior of the building due to the unit conversion shall be completed in such a way to preserve the single- or two-family residential character.
(4)
No dwelling unit conversion shall be permitted unless the dwelling, following such conversion, can comply with all off-street parking requirements of this chapter. Landscaping and screening of off-street parking areas shall be provided as determined necessary in site plan review.
(5)
Conversions of dwellings that decrease the number of units or combine units shall be required to ensure the discontinued dwelling unit is permanently and fully integrated into a legal dwelling unit with unimpeded access throughout the legal unit.
D.
New construction. Development applications for newly constructed multifamily dwelling units shall be subject to site plan review by the Planning Board in accordance with Article 42 of this chapter. In addition to the landscaping (Article 31), signage (§ 140-24.13), lighting (Article 32), and parking (Article 30) regulations of this chapter, newly constructed multifamily dwellings are subject to the following specified use requirements:
(1)
When adjacent to an existing residential neighborhood building designs are required to take the form of single- or two-family dwellings in a manner that is visually compatible with the architectural detailing of the Town's traditional residential character.
(2)
Buildings shall not have uninterrupted or undefined continuous wall or roof planes in excess of 50 feet. Varied roof heights, projecting bays, gables, recesses, and porches shall be used to visually divide larger building facades to produce a scale that is compatible with and complimentary to adjacent residential development.
(3)
Buildings shall maintain a distance of at least 20 feet from other structures on the lot.
(4)
Detached garages shall be located in the side or rear yard only.
(5)
Where garages are erected to serve multifamily dwellings, all of the exterior walls thereof shall be constructed of or faced with materials similar to those used in the facing of the main building.
(6)
Buildings shall be laid out so that the primary entrances face the street. Each entrance shall be connected by sidewalk to the Town's public sidewalk system, where applicable.
(7)
Developments of 10 or more units shall provide recreational open space at a standard of 400 square feet per dwelling unit. Each recreation area shall be developed with both passive and active recreation facilities, including the installation of appropriate playground or leisure equipment. Where compliance with the minimum open space area is infeasible due to lot size or other physical restriction, the reviewing board may waive or modify this requirement.
These standards shall apply to all outdoor accessory use activities, except for those associated with a single-, two-, or multifamily dwelling up to four units.
A.
General requirements.
(1)
No area shall block windows, entrances, exits, pedestrian or vehicular access, sidewalks, fire lanes, or other travel lanes.
(2)
No area shall exceed 30% of the gross floor area of the primary use.
(3)
All areas shall remain clean and free of trash or debris at all times.
(4)
The use of such areas shall be clearly ancillary to the primary use. Businesses and operators not directly associated with the primary use of the property are not permitted to occupy such space.
B.
Assembly, seating, sales, and display area requirements.
(1)
All areas shall be located adjacent to the wall of the primary structure and shall not extend more than 20 feet from said wall or beyond any public right-of-way or property line, unless otherwise approved through site plan review.
(2)
No outdoor assembly, seating, sales, or display area shall be used for storage purposes.
(3)
Seating and all items for sales or display shall be removed, enclosed, screened, and/or otherwise secured during nonbusiness hours.
C.
Storage area requirements.
(1)
No area shall be permitted in any front yard or within any public right-of-way.
(2)
All areas shall be fully screened from public view and from adjacent residential uses or districts using landscaping, berming, fencing, or any combination thereof to the satisfaction of the reviewing body.
(3)
All outdoor storage facilities shall be enclosed by a fence or wall adequate to conceal such facilities and the contents thereof from adjacent property.
(4)
Outside storage areas shall not exceed eight feet in height. Where located within the MU-I District and at least 150 feet from the public right-of-way, the height of storage shall not exceed 15 feet.
(5)
No waste materials or substances shall be deposited on any premises in or adjacent to the Town of Clarkson. No dump sites or any type of industrial or commercial waste are allowed.
(6)
All materials or waste which might cause fumes or dust or which constitute a fire hazard or which may be edible by or otherwise be attractive to rodents or insects shall be stored outdoors only in closed containers.
(7)
The storage of materials shall be limited to those necessary for and specific to the operation of the use, such as items for sale at a retail store or building materials for a construction company.
(8)
Where more than five commercial vehicles are to be parked overnight or otherwise stored on-site, the parking area for such vehicles shall be in the rear yard and screened from the view of adjacent property and rights-of-way. The nature and extent of such screening shall be approved as part of site plan review.
A.
Purpose. It is the purpose of this section to define and regulate all open water ponds in the Town in order to protect the environment, protect the rights of others to natural water flows and to prevent health and safety hazards that may occur by reason of the existence of ponds.
B.
Applicability. This section shall apply to all open water ponds within the Town of Clarkson. An open water pond shall include any man-made body of water, water area, retention basin, stone quarry, dammed area or agricultural liquid waste holding pond over 30 inches deep.
C.
Exemptions.
(1)
Ponds constructed as part of active agricultural operations are exempt from this section, provided such ponds are in compliance with the Soil Conservation Service of the United States Department of Agriculture, NYS Department of Agriculture and Markets, and the Department of Environmental Conservation, including obtaining any and all required permits.
(2)
Natural ponds left in their natural state are exempt from this section.
D.
Regulations.
(1)
Open water ponds shall be subject to site plan review and approval by the Planning Board.
(2)
Complete compliance with the Soil Conservation Service of the United States Department of Agriculture and the Department of Environmental Conservation and all required permits shall be received prior to site plan approval.
(3)
All ponds must be maintained so as to assure that they do not become offensive to neighboring properties by reason of stagnation, algae, mosquito-breeding and similar conditions.
(4)
No pond can interfere with or impede the natural flow of water nor adversely impact any floodplain or wetland area.
(5)
Open water ponds shall be not less than 50 feet from all property boundaries and not less than 150 feet from any public right-of-way.
(6)
To protect adjacent properties the Planning Board may require a stormwater plan in accordance with Chapter 110, Stormwater Management, of the Code of the Town of Clarkson.
(7)
Landscape buffering with plantings or fencing may be required.
B.
Miniature golf courses. A miniature golf course shall be fenced with a fence having a minimum height of four feet.
C.
Outdoor commercial pools, spas and hot tubs.
(1)
Outdoor pools, spas and hot tubs shall be located in the rear yard not closer than 50 feet to the side or rear property lines.
(2)
Additional regulations or conditions may be required by the Planning Board such as plantings, fencing and limiting hours or days of operation.
(3)
The owner shall obtain all applicable permits required by the New York State Board of Health and maintain the operation in compliance with all state and Town regulations.
A.
Purpose. The Town of Clarkson, while a community that welcomes visitors, recognizes that the overconcentration of STRs may cause disruption to the peace, quiet and enjoyment of Clarkson residents. To respect the property rights and interests of all residents of the Town, the following requirements seek to achieve a balance between those who wish to offer their homes and properties as STRs and those who choose not to do so. The following STR requirements for the Town are intended to safeguard the public health, safety, and welfare by regulating and controlling the location, use, occupancy, oversight, and maintenance of STR properties.
B.
Operational requirements.
(1)
No STR shall be permitted on any property that is in violation of this Zoning Code or the NYS Uniform Fire Prevention and Building Code.
(2)
Such uses must be able to accommodate the minimum off-street parking requirements on-site.
(3)
Off-street parking shall not be permitted in the front yard, unless as part of an approved, designated driveway. All parking areas shall be screened from adjacent properties and the public right-of-way in a manner approved through site plan review.
C.
Occupancy.
(1)
The maximum occupancy of an STR shall be limited to two adults per bedroom or eight adults, whichever is less.
(2)
STRs shall be rented exclusively for lodging purposes. Renters may not host events, weddings, parties, or other gatherings that would cause occupancy of the property to exceed the maximum number of guests.
(3)
There shall be no more than one employee not living on the property reporting for work.
D.
Local contact.
(1)
Each STR operation shall have a designated 24-hour local contact.
(2)
Such contact shall be an authorized agent of the property owner and/or STR operator and shall be responsible for responding to and remedying any issues, complaints, or other conflicts associated with the STR property.
(3)
The designated individual must be able to be present at the location of the STR within 30 minutes of notification of any issues, complaints, or conflicts.
All solar energy systems shall conform to the requirements of Chapter 108, Solar Energy Systems, of the Code of the Town of Clarkson.
A.
Purpose. The following regulation has been adopted to ensure that placement of enclosed temporary storage units does not negatively impact the residential character of the neighborhoods in which they are placed, as well as to promote the health, safety, and welfare of the Town of Clarkson.
B.
Registration required. It shall be unlawful for any person or entity to place or permit the placement of an enclosed temporary storage unit on property located within any residential zoning district without registering such unit with the Code Enforcement Officer.
C.
Eligible registrants. Only the property owner may register a unit. A renter, lessee, or other legal resident may register a unit if they have the written permission of the property owner.
D.
Placement of units.
(1)
Units shall only be placed in the driveway, or if access exists, at the side or rear of the lot. The unit may not be placed in the front yard.
(2)
Units may not be placed on lots with no principal building or residential unit.
(3)
Units shall be set back at least five feet from any lot line.
(5)
Placement may not limit visibility of vehicles or pedestrians.
E.
Allowable number of units. Only one enclosed temporary storage unit may be placed upon any residential lot at one time.
F.
Unit size. Units shall not have a footprint exceeding 130 square feet or a height of more than eight feet.
G.
Duration. The enclosed temporary storage unit shall be located at such address for a maximum of 30 consecutive days, including the days of delivery and removal. The registration may be extended an additional 15 days upon request to and approval by the Code Enforcement Officer.
H.
Maximum number of registrations. Each lot is limited to a maximum of four registrations per calendar year, and a minimum of 15 days shall elapse between the end of one registration and the beginning of another.
I.
Maintenance. The registrant shall be responsible for ensuring that the enclosed temporary storage unit is maintained in good condition, free from evidence of deterioration, weathering, discoloration, graffiti, rust, ripping, tearing, or other holes or breaks at all times.
J.
Prohibited materials and uses. Solid waste, construction debris, demolition debris, recyclable materials, business inventory, commercial goods, goods for property other than that at the residential property where the enclosed temporary storage unit is located or any other illegal or hazardous material or use is prohibited.
L.
Registration requirements. Prior to the initial delivery of the enclosed temporary storage unit, the owner shall register said unit with the Code Enforcement Officer. The registration form shall contain:
(1)
The name of the registrant to whom the enclosed temporary storage unit is supplied;
(2)
The registrant's property status: owner, renter, lessee, etc.;
(3)
The address at which the enclosed temporary storage unit will be placed;
(4)
The delivery date and removal date;
(5)
The active Building Permit number, if applicable;
(6)
A sketch depicting the location and the placement of the enclosed temporary storage unit on the lot; and
(7)
Signature of the parcel owner or other legal occupant with the written permission of the parcel owner.
A.
Enabling authority. The Zoning Board of Appeals is hereby authorized to review and approve, approve with modifications or disapprove special use permits for telecommunications towers.
B. ACCESSORY FACILITY ANTENNA SPECIAL USE (A.K.A. CONDITIONAL USE) TELECOMMUNICATION TOWER
Definitions. As used in this section, the following terms shall have the meanings indicated:
An accessory facility serves the principle use, is subordinate in area, extent and purpose to the principle use and is located on the same lot as the principle use. Examples of such facilities include transmission equipment and storage sheds.
A system of electrical conductors that transmit or receive radio frequency waves. Such waves shall include but not be limited to radionavigation, radio, television and microwave communications. The frequency of these waves generally range from 10 hertz to 300,000 megahertz.
A use which is deemed allowable within a given zoning district, but which is potentially incompatible with other uses and, therefore, is subject to special standards and conditions set forth for such use subject to approval by the Zoning Board of Appeals.
A structure on which transmitting and/or receiving antenna(e) are located.
C.
Purpose. The purpose of this section is to promote the health, safety and general welfare of the residents of the Town, to provide standards for the safe provision of telecommunications consistent with applicable federal and state regulations and to protect the natural features and esthetic character of the Town with special attention to the Historical Overlay District and residentially zoned districts.
D.
Application of special use regulations.
(1)
No transmission tower shall hereafter be used, erected, moved, reconstructed, changed or altered except after approval of a special use permit and in conformity with these regulations. No existing structure shall be modified to serve as a transmission tower unless in conformity with these regulations.
(2)
These regulations shall apply to all property in the Town of Clarkson with each zoning classification in the Town of Clarkson being subject to the rules and regulations set forth herein and in the table which is attached hereto and made a part of this chapter.
(3)
Exceptions to these regulations are limited to new uses which are accessory to residential uses and lawful or approved uses existing prior to the effective date of these regulations.
(4)
Where these regulations conflict with other laws and regulations of the Town, the more restrictive shall apply, except for tower height restrictions which are governed by these special use standards.
E.
Special use standards.
(1)
Site plan review.
(b)
In addition to other site plan requirements, an application for a communications tower shall include the following additional information:
[1]
The location of all structures, trees exceeding four inches in diameter (measured at a height of four feet off the ground) and other significant and/or unusual features on the site and on any other adjacent property within 20 feet of the property line.
[2]
All information prepared by the manufacturer of the antenna or tower, or the applicant for which a special use permit is being sought, including but not limited to the following:
(c)
The application for special use permit shall include a copy of the site plan and any relevant documents which have been submitted to the Planning Board. The application for special use permit shall also include documentation on the proposed intent and capacity of use as well as a justification for the height of any tower or antennae and justification for any land or vegetations clearing required.
(d)
Additionally, the application shall include a completed visual environmental assessment form (visual EAF) and a landscaping plan addressing other standards listed within this section with particular attention to visibility from key viewpoints within and outside of the municipality as identified in the visual EAF. The Zoning Board of Appeals may require submittal of a more detailed visual analysis based on the results of the visual EAF.
(2)
Shared use.
(a)
At all times, shared use of existing towers shall be preferred to the construction of new towers. Additionally, where such shared use is unavailable, location of antenna on preexisting structures shall be considered. An applicant shall be required to present an adequate report inventorying existing towers within reasonable distance of the proposed site and outlining opportunities for shared use of existing facilities and use of other preexisting structures as an alternative to a new construction.
(b)
In the case of new towers, the applicant shall be required to submit a report demonstrating good-faith efforts to secure shared use from existing towers as well as documenting capacity for future shared use of the proposed tower. Written requests and responses for shared use shall be provided.
(3)
Setbacks. Towers and antennae shall be set back a minimum of the height of the tower and any antennae or other fixture on top of the tower plus 25 feet. All other structures, including guy wire anchors and accessory facilities shall observe required setbacks within the affected zone. Additional setbacks may be required by the Zoning Board of Appeals to contain on-site substantially all icefall or debris from tower failure and/or to preserve privacy of adjoining residential and public property.
(4)
General requirements.
(a)
Visibility. All towers and accessory facilities shall be sited to have the least practical adverse visual effect on the environment. The area to be served by the tower and the technology utilized by the applicant shall be relevant considerations in this determination.
(b)
Height. As part of the application, the Zoning Board of Appeals shall be empowered to vary the restrictions of this chapter as to height using the standards for area variances set forth in this chapter and the New York State Town Law.
(c)
Towers shall not be artificially lighted except to assure human safety as required by the Federal Aviation Administration (FAA). Towers shall be a galvanized finish or painted gray above the surrounding treeline and painted gray, green or black below the surrounding treeline unless other standards are required by the FAA. All towers should be designed and sited so as to avoid, whenever possible, application of FAA lighting and painting requirements.
(d)
Accessory facilities shall maximize use of building materials, colors and textures designed to blend with the natural surroundings.
(5)
Existing vegetation. Existing on-site vegetation shall be preserved to the maximum extent possible, and no cutting of trees exceeding four inches in diameter (measured at a height of four feet off the ground) shall take place prior to approval of the special use permit. Clearcutting of all trees in a single contiguous area exceeding 20,000 square feet shall be prohibited.
(6)
Screening. Deciduous or evergreen tree plantings may be required to screen portions of the tower from nearby residential property as well as from public sites known to include important views or vistas. Where the site abuts residential or public property, including streets, the following vegetative screening shall be required. For all towers, at least one row of native evergreen shrubs or trees capable of forming a continuous hedge at least 10 feet in height within two years of planting shall be provided to effectively screen the tower base and accessory facilities. In the case of poor soil conditions, planting may be required on soil berms to assure plant survival. Plant height in these cases shall include the height of any berm.
(7)
Access and parking. A road and parking will be provided to assure adequate emergency and service access. Maximum use of existing roads, public or private, shall be made. Road construction shall be consistent with standards for private roads and shall at all times minimize ground disturbance and vegetation cutting to within the toe of fill, the top of cuts or no more than 10 feet beyond the edge of any pavement. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion potential. Public road standards may be waived in meeting the objectives of this subsection.
(8)
Removal and bond for removal.
(a)
In the event that a communication tower is no longer used for the purpose specified in the application or the communication facility ceases operations for a period of 90 days, such tower, structures and facilities shall be dismantled and removed from the site within 30 days of receipt of a written notice from the Building Inspector and/or Code Enforcement Officer.
(b)
Prior to the issuance of a building permit, the owner and operator of a communications tower shall provide the Town with a surety bond or other financial security acceptable to the Town Attorney to assure that the funds are available to dismantle such tower, remove any debris and to restore the site to a state acceptable to the Zoning Board of Appeals. The estimate shall be prepared by the applicant's licensed engineer, verified by the Town Engineer (or the engineer hired by the Town to evaluate the application, if different from the Town Engineer) and approved, as to form, by the Town Attorney. The amount of such bond shall be approved by the Zoning Board of Appeals.
(9)
Town review fees. In addition to the application fee, the applicant shall be responsible for any and all expert fees which are incurred by the Town in the review of the application, including review by engineers and consultants employed by the Town. As security for this, an applicant shall deposit the sum of $2,000 with the Town at the time of application. Any part of said deposit which is not used by the Town will be refunded to the applicant at the time a certificate of occupancy is issued. No certificate of occupancy or certification of completion or compliance shall be issued until all unpaid fees have been paid.
F.
Radio emissions. Radio emissions from any towers and/or antennas attached to it shall conform to applicable Federal Communications Commission regulations on emissions. The Zoning Board of Appeals shall request proof of compliance with these standards. No certificate of occupancy or certificate of compliance shall be issued by the Building Inspector or Code Enforcement Officer without satisfactory proof of compliance with this requirement.
G.
When an applicant wishes to make a change to an existing tower and the applicant contends that the modification does not substantially change the physical dimensions within the meaning of Section 6409 of the 2012 Middle Class Tax Relief and Job Creation Act, the following procedure shall apply:
(1)
The application shall be submitted to the Building Inspector, accompanied by the required fee and deposit.
(3)
Upon receipt of the two written reports, if, in the opinion of the Building Inspector, there is no substantial change being proposed, and upon the payment of any building permit fees and balances due for engineering, the Building Inspector shall issue the requested permit.
(4)
Upon receipt of the two written reports, if, in the opinion of the Building Inspector, there is a substantial change being proposed, the Building Inspector shall refer the application to the Zoning Board of Appeals for modification of the special use permit and the Planning Board for site plan approval.
H.
Authority to impose conditions. The Zoning Board shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed telecommunication tower special use permit.