Article VI General Regulations

§ 247-25 Lots or parcels of land of record.

Editor’s Note: Former § 247-24, Contiguous parcels, was repealed 10-22-2018.

[Amended 7-6-1999]

Any single lot or parcel of land which was approved by the Planning Board as a lot of record or a legal building lot at the time of adoption of this chapter (December 15, 1992) shall continue to be a buildable lot.

Any other parcel of land that does not meet the requirements for minimum lot width and area may be utilized for a permitted use, provided that approval is granted by the Board of Appeals.

§ 247-26 Corner lots.

[Amended 8-2-1994; 6-12-2017]

On corner lots, both street sides shall be treated as front yards and dwelling units shall be required to maintain minimum front yard setbacks from both street sides.

When a right-of-way for a future roadway connecting to back lands is reserved for developing lots on an existing road, the lots adjoining the right-of-way will be treated as corner lots and must be large enough to maintain front yard setbacks from the existing road and from the right-of-way.

Any proposed street adjoining an existing building lot must have at least an additional 15 feet of width from the edge of the street right-of-way adjoining the side lot of that building lot.

Setbacks for accessory structures or detached garages on a corner lot shall be required to meet the minimum front yard setbacks specified in each zoning district from just one street side. The adjoining street side setback shall be required to meet the specified minimum setbacks for the primary dwelling.

§ 247-27 Visibility.

On a corner lot in any residential district, no fence, well, hedge or other structure or planting more than 31/2 feet in height shall be erected, placed or maintained within the triangle area formed by the intersecting right-of-way lines and a straight line joining the right-of-way lines at points measured 30 feet along each right-of-way line from their point of intersection. The requirements of this section shall not be deemed to prohibit the construction of any necessary retaining wall.

§ 247-28 Height.

The height limitation of this chapter shall not apply to church spires, belfries, cupolas, penthouses and domes (not used for human occupancy), nor to chimneys, ventilators, skylights, water tanks, bulk heads, similar features and necessary mechanical appurtenances usually carried above the roofline. Such features, however, shall be erected only to such height as is necessary to accomplish the purpose they are to serve and shall not exceed in area the cross-sectional area of 20% of the ground floor area of the building.

The provisions of this chapter shall not prevent the erection above the building height limit of a parapet wall or cornice for ornament (and without windows) extending above such height limit not more than five feet.

§ 247-29 Yards.

[Amended 8-24-1994]

Any open or enclosed porch, deck or terrace shall be considered as part of the building in the determination of the size of yard or lot coverage.

The space in any required yard shall be open and unobstructed, except for the ordinary projection of windowsills, brick courses, cornices, eaves and other architectural features; provided, however, that such features shall not project more than two feet into any required yard.

Bay windows, including their cornices and eaves, may project into any required yard no more than two feet.

The front yard shall not be used for storage purposes.[1]

§ 247-32 Glare, noise, odor and other nuisances.

Editor's Note: Former Section 709, Interpretation of permitted uses, which immediately followed this section, was renumbered 8-24-1994. See now § 247-17.

§ 247-30 Fences and walls.

[Amended 8-24-1993]

No fences shall be erected without first obtaining a permit from the Code Enforcement Officer.

Except as otherwise provided in this chapter, fences or walls shall be permitted in any district, but not to exceed the following heights: seven feet where located in the back of the front wall of the principal building and three feet in front of the front wall, subject to conformance with visibility provisions (§ 247-27).

The good side of the fence must face towards the outside of the fenced enclosure, and all mounting rails and posts must be on the inside of the fenced enclosure.

Any fence or wall which may cause a fire hazard or a dangerous condition shall be prohibited.

Fences shall be a permanent-type and well maintained.

Snow fences and other such types shall not be permitted as permanent fences or remain more than six months.

No barbed wire shall be permitted between residences. This does not include customary farm fencing used for confining livestock.

§ 247-31 Antennas, towers and dishes.

[Added 8-24-1994]

A building permit must be obtained before erecting any antenna tower.

No antenna tower shall be located on the roof of a structure without design and certification by a New York State licensed professional engineer.

No antenna tower shall be erected in a front yard.

All antenna towers shall be erected in a free-fall zone entirely on the owner's property (if the tower were to fall, it must land entirely on the owner's property).

[Amended 8-24-1994]

All exterior lighting shall be directed away from adjacent properties and/or shielded in such a way that no direct glare shall be visible from adjoining public streets or adjacent lots when viewed by a person standing on ground level.

There shall be no vibration or noise level at the property line greater than the average noise level occurring on adjacent streets between the hours of 9:00 p.m. and 7:00 a.m.

There shall be no emission of odorous gases or other odorous matter in such quantities as to be offensive on adjoining streets or adjacent lots.

The erection or use of any building or structure or the use of any land for any purpose which shall be noxious or injurious by the reason of the production or emission of dust, smoke, refuse matter, odor, gas, fumes, noise, vibration or similar substances or conditions shall be prohibited.

§ 247-33 Temporary stands.

Temporary stands (to be used exclusively for the sale of agricultural or garden products produced in or upon the property) may be erected, used and maintained by the owner or bona fide lessee of the property. Such stands shall be kept orderly, sightly and sanitary. Proper and adequate driveways for off-street parking shall be constructed to the street or highway. All such stands and any signs in connection with such stands shall be removed when not in use for a period of 30 days.

§ 247-34 Accessory structures.

[Amended 2-4-2003]

An accessory structure is:

Subordinate to and serves a principal residence.

Subordinate in area, extent and/or purpose to the principal residence.

Located on the same lot as the principal residence.

An accessory structure shall not be used as a residence.

Multiple structures. Two accessory structures will be allowed per building lot. The combined square footage of the accessory structures shall not exceed the maximum size allowable as stated in § 247-34E. In addition, the applicant shall produce a current stamped survey of the property showing all structures on said property with sizes and setbacks at the time of filing an application for a building permit.

[Amended 10-7-2008]

Accessory structures cannot be built on any easement.

Maximum size.

On residential lots up to and including two acres: maximum size of 600 square feet.

On residential lots of more than two acres, up to and including seven acres: maximum size of 1,200 square feet. Also see Section § 247-34F(4).

On residential lots of more than seven acres: maximum size of 2,000 square feet. Also see § 247-34F(4).

Minimum setbacks; maximum heights.

Structures of a size of 50 square feet and under in area and under eight feet in height are not considered to be accessory structures.

However, a ten-foot setback must be maintained from all lot lines.

Accessory structure of a size of up to 600 square feet:

Front yard: 150 feet.

Side yard: 15 feet.

Rear yard: 20 feet.

Height not to exceed 16 feet.

Accessory structure of a size over over 600 square feet, up to and including 2,000 square feet:

Front yard: 150 feet.

Side yard: 15 feet.

Rear yard: 20 feet.

Height not to exceed 20 feet.

Structures over 1,800 square feet require a full site plan review by the Planning Board. The site plan review will involve the following:

[Amended 10-7-2008]

Drainage.

Adjoining property impact.

Means of access.

Architectural features.

Lighting.

Location of structure on property or parcel of land.

§ 247-35 Unsafe structures (conforming use).

If animals are housed in accessory structure, see § 247-40.

[Amended 10-13-2014]

Purpose. The purpose of this section is to provide for the removal or repair of structures in the Town of Pendleton that from any cause may now be or shall hereinafter become dangerous or unsafe to the public.

Investigation. When in the Building Inspector's assessment or upon receipt of information that a structure is in danger of becoming dangerous or unsafe to the general public; or is open at the doorways and windows, making it accessible to and an object of attraction to minors under 18 years of age, as well as to vagrants and other trespassers; or is or may become a place of rodent infestation; or presents any other danger to the health, safety, morals and general welfare of the public; or is unfit for the purposes for which it may lawfully be used, he or she shall cause or make an inspection of the property.

Service of notice.

Upon the Building Inspector's determination that the structure is unsafe or in a collapsed condition, notice shall be served upon the owner of said structure, or on the owner's executor, legal representatives, agents, lessees, or any other person having a vested or contingent interest in the same, either personally or by registered mail, addressed to the last known address, if any, of the owner, or on the owner's executors, legal representatives, agents, lessees, or other persons having a vested interest or contingent in the same, as shown by the records of the Receiver of Taxes and/or in the Office of the County Clerk or County Registrar.

The notice shall contain the following:

A description of the premises.

A statement of the particulars in which the structure is unsafe or dangerous.

An order outlining the manner in which the structure is to be made safe and secure or demolished and removed.

A statement that the securing or removal of such structure shall commence within 30 days of the service of the notice and shall be completed within 90 days thereafter, unless for good cause shown such time shall be extended.

A statement that, in the event of neglect or refusal to comply with the order to secure or demolish and remove the structure, the Town Board is authorized to provide for its demolition and removal, to assess all expenses thereof against the land on which it is located and to institute a special proceeding to collect the cost of demolition, including legal expenses.

When said service is made either personally or by registered mail, a copy of such notice shall be posted on the premises.

The owner or the owner's executors, legal representatives, agents, lessees, or any other person having a vested or contingent interest in said property, shall commence the satisfactory repair or removal of the structure within 30 days after service of the notice and complete same within 90 days after service.

Refusal to comply.

If the owner refuses or neglects to repair or remove the said structure within the time prescribed, the Building Inspector shall file a copy of the notice served on the owner or his or her representative in the office of the County Clerk of Niagara County, which shall be filed by such Clerk in the same manner as a notice of pendency pursuant to Article 65 of the Civil Practice Law and Rules, and shall have the same effect as a notice of pendency as therein provided, except as otherwise hereinafter provided in this paragraph. The notice shall be effective for a period of one year from the date of filing; provided, however, that it may be vacated upon the order of a judge or justice of a court of record or upon the consent of the Town Attorney. The Clerk of Niagara County shall mark such notice and any record or docket thereof as canceled of record upon the presentation and filing of such consent or of a certified copy of such order.

In the event the owner or his or her representative shall not complete the required work within the time provided, the Town Board shall call a public hearing upon notice of the time and place, the purpose of which is to require repair or demolition of the structure. The same notice shall be served upon the owner and such persons having an interest in the property or structure as determined by the Building Inspector of the Town. The service shall be made either personally or by registered mail.

§ 247-36 Storage of trailers, mobile homes, recreational vehicles and boats.

After said public hearing, the Town Board may order removal of the structure by the Town in the event the owner fails or refuses to repair or remove the same within a time period provided by the Town Board.

Assessment of expenses. The Town Board shall assess all costs and expenses incurred by the Town in connection with the proceedings, including legal fees, to remove or secure the structure, which shall include the cost of actually removing said structure, and said assessment shall be against the land on which the structure is located and shall be assessed on the next assessment roll to be filed by the Town Assessor.

Emergency cases. Where it reasonably appears that there is present a clear and imminent danger to the life, safety or health of any person or property unless an unsafe building is immediately repaired and secured or demolished, the Town Board may by resolution authorize the Building Inspector to immediately cause repair or demolition of such unsafe structure. The expense of such repair or demolition shall be a charge against the land on which it is located and shall be assessed, levied and collected.

[Amended 10-4-1994]

"Storage" is defined in this section as the presence of a trailer, mobile home, recreational vehicle and/or boat on a lot for a period of seven days or longer.

Every stored trailer, mobile home, recreational vehicle and/or boat must be owned by the person or persons residing at the lot on which the item is stored.

No stored item shall be permanently serviced by any utilities. It shall be unlawful to permanently remove the wheels or permanently affix the vehicle to the ground.

Every stored item shall be located to maintain the following setbacks:

[Amended 2-4-2003]

Front yard: same as residence.

Side yard: 10 feet.

Rear yard: 10 feet.

§ 247-37 Golf courses.

[Amended 12-14-2020; 6-13-2022 by L.L. No. 2-2022]

The Town Board may grant a special use permit for a public golf course, private golf course, nonprofit golf course, commercial golf course or country club on a site of not less than 50 acres in any district, subject to the following conditions and such other conditions as the Planning Board deems necessary or desirable:

Provisions for sanitary facilities shall have prior approval from the Town and County Health Departments.

All buildings, parking areas, greens, tees, swimming pools, and similar sources of noise shall be sufficiently removed from all property lines to assure the quiet enjoyment of adjacent properties and shall not be less than 100 feet from an adjacent property line.

Any artificial lighting shall be shielded so as not to create conditions harmful or annoying to neighbors.

Any signs shall be limited to identifying the use and shall be expressly approved by the Planning Board.

Suitable provision shall be made that any sales or services shall be incidental to the recreation use.

Appropriate control of hours of operation shall be taken where deemed necessary.

Not more than 5% of the site shall be covered by buildings.

Location and design of entrance drives shall be such as to minimize traffic hazard and nuisance factors.

All applications for a golf course shall be subject to:

Site plan review and approval by the Planning Board under § 247-54, which shall include environmental review under SEQRA and a public hearing. See § 247-54, Site plan review; performance and design standards.

Special use permit approval by the Town Board upon approval of the site plan. The special use permit is subject to annual review by the Town Board to ensure all provisions in this section are adhered to. The Town Board has the discretion to revoke a special use permit due to noncompliance and establish a time frame to correct the violation(s).

§ 247-38 Rod and gun clubs.

[Added 8-24-1994; amended 6-13-2022 by L.L. No. 2-2022]

The Town Board may grant a special use permit pursuant to § 247-16 for a private rod and gun club on a site of not less than 150 acres in any district, subject to the following conditions and such other conditions as shall be found necessary or desirable:

Provisions for sanitary facilities shall have prior approval from the Town and County Health Departments.

All building parking areas and similar sources of noise shall be sufficiently removed from all property lines to assure the quiet enjoyment of adjacent properties and shall not be less than 100 feet from an adjacent property line. Firing lines shall be no closer than 200 feet from any lot line.

Any artificial lighting shall be shielded so as not to create conditions harmful or annoying to neighbors.

Any signs shall be limited to identifying the use and shall be expressly approved by the Town Board.

Suitable provision shall be made that any sales or services shall be incidental to the recreational use.

Appropriate control of hours of operation shall be taken where considered necessary. Shooting hours shall be restricted to 10:00 a.m. to sunset. Extra hours shall be approved by the Town Board.

Not more than 5% of the site shall be covered by buildings.

Location and design of entrance drives shall be such as to minimize traffic hazard and nuisance factors.

All applications for rod and gun clubs shall be subject to site plan review and approval by the Planning Board under § 247-54, which shall include environmental review under SEQRA and a public hearing. See § 247-54, Site plan review; performance and design standards.

A special use permit issued by the Town Board is required upon approval of the site plan and is subject to an annual review by the Town Board. Town Board review will be undertaken to ensure that all the above-listed provisions are being adhered to. The Town Board will have discretion to revoke the special use permit due to noncompliance and establish a time frame to correct the violation(s).

§ 247-39 Home occupations.

[Amended 3-24-1992; 8-24-1994; 2-4-1997; 9-4-2001; 9-3-2002]

It is the intent of home occupation ordinances to regulate the conduct of business activities in residentially zoned areas (R1 and R2) in order to limit the intrusion of commercial activity upon the tranquility of residential neighborhoods. Two distinct classifications of home occupations are permitted in residential areas. Home occupation Type A shall not require the issuance of a permit by the town, while Home occupation Type B shall require an annual permit.

Home occupation Type A. A commercial, not-for-profit or professional activity (hereafter "activity"), which is conducted wholly within a dwelling unit or within an accessory structure located on the same parcel of land as the dwelling unit at which such person conducting the activity resides. A Type A activity cannot impact the health, safety, welfare or comfort of the residents of the neighborhood where the activity takes place.

The following restrictions shall also apply:

The activity shall be conducted only by a person residing at the premises.

There shall be no alteration of the exterior of the premises, with the exception of an unlighted sign not to exceed four square feet in total exterior dimensions.

No vehicles used in such activity shall be parked outside at the premises if such vehicles display either advertising or information concerning such activity or are used, other than incidentally, to conduct such activity.

There shall be no significant increase in traffic resulting from the activity nor parking of more than one customer vehicle at a time.

There shall be no outdoor storage of materials, inventory, products or merchandise used in such activity.

(Reserved)

Deliveries to the premises shall be made during the hours of 8:00 a.m. and 6:00 p.m., Monday through Saturday. No deliveries shall be made by vehicles having a gross weight in excess of 15,000 pounds.

Tenants or persons not having title to the premises shall obtain the express, written approval of the owner prior to commencing such activity.

The activities of the following shall constitute a home occupation Type A, subject to the above restrictions:

Physician.

Attorney.

Dentist.

Music teacher.

Dressmaker/seamstress.

Real estate broker and/or appraiser.

Insurance salesperson and/or appraiser.

Manufacturer's representative.

Tax preparer.

Accountant.

Tutor.

Architect, engineer or surveyor.

(m)

Snow plow contractor/lawn maintenance contractor, provided that no equipment is parked outside on premises except for one pickup-type truck with attached snow plow or plow brackets.

(n)

Cosmetologist or beautician.

(o)

Hairdresser/barber.

(p)

Animal groomer (provided that no harboring nor boarding of animals shall be permitted).

Bakery.

Antique sales.

Florist shop.

Taxidermist.

Any occupation, business or profession that offers skilled services, other than automotive services or child care services, that meets the criteria as stated in the Town Code or ordinances of the Town of Pendleton.

Home occupation Type B. A commercial, not-for-profit or professional activity (hereafter "activity"), which is conducted wholly within a dwelling unit or within an accessory structure located on the same parcel of land as the dwelling unit at which such person conducting the activity resides. A Type B activity may not significantly impact the health, safety, welfare or comfort of the residents of the neighborhood.

The following restrictions shall also apply:

The activity shall be conducted primarily by a person residing at the premises;

A maximum of two persons who do not reside at the premises may also work on-premises at the activity;

Inventory of goods and products for sale may be stored on-site, provided that such storage takes place in a safe manner and wholly within an enclosed building or structure;

There shall be no alteration of the exterior of the premises, with the exception of an unlighted sign not to exceed four square feet in total exterior areas;

No significant increase in traffic resulting from the activity shall be permitted;

(Reserved)

(i)

Tenants or persons not having title to the premises shall obtain the express, written approval of the owner prior to commencing such activity.

The activities as stated in Type A [Subsection A(2)(a) through (u)] shall constitute a home occupation Type B, subject to the above restrictions (Subsection B(1)(a) through (h)].

Permits.

[Amended 6-13-2022 by L.L. No. 2-2022]

Application for Type B permits shall be available at the office of the Building Inspector. No use of a residential dwelling, accessory structures on residential property or residential property for a home occupation Type B as described in this chapter shall be established until the issuance of an annual permit by the Town of Pendleton. Application for such a Type B permit shall be made to the Building Inspector and must conform to all ordinances of the Town of Pendleton. The application shall be in writing to the Building Inspector and consist of a description of the premises for which the permit is sought, a plain, concise statement of the use which is proposed, and such additional information as shall be required by the Town.

At least 30 days' prior to the expiration of the annual Type B permit, the permittee shall notify the office of the Building Inspector, in writing, if a one-year renewal of the permit is sought.

All permittees must immediately notify the Office of the Building Inspector of any changes or circumstances which may affect the classification of the activity as a home occupation under this chapter.

If, during the application process, it is determined that the intended use would be in violation of the Town Code, the application shall be denied. The applicant may seek recourse through the Zoning Board of Appeals pursuant to Article XI, § 247-74 of the Code of the Town of Pendleton.

The fee for a home occupation Type B Permit shall be as described in the Town of Pendleton Fee Schedule, adopted by the Town Board by Resolution, as may be amended from time to time.

Type B permits issued under the provisions of this section shall not be transferable.

Penalties for offenses.

It shall be a violation of this section if a home occupation is conducted contrary to the terms or requirements set forth above. Any violation of this section or of any regulation or provision thereof shall be an offense punishable by a fine of not exceeding $250 or imprisonment for not more than fifteen days, or both. Each and every week that a violation of this section is permitted to exist shall constitute a separate offense. This penalty shall be in addition to any other penalties or other remedies as may be provided by law.

§ 247-40 Livestock and livestock buildings.

The Building Inspector shall be responsible for enforcement of the provisions of this section and may issue stop-work orders to restrain further activity at the home occupation site pending resolution of any violations.

[Amended 8-24-1994; 6-13-2022 by L.L. No. 2-2022]

No building in which farm animals are kept shall be less than 100 feet from any lot line or less than 250 feet from the street line. No storage of manure or odor- or dust-producing substance shall be permitted within 100 feet from any lot line or 250 feet of the street line.

The housing of livestock in an existing barn, stable or pen less than 100 feet from any lot line or less than 250 feet from the street line shall not be permitted if the use ceases, is abandoned, or is discontinued for a period of one year (unless granted a special use permit by the Town Board, pursuant to § 247-16, Special use permits).

No livestock pasture shall be permitted within 50 feet of any residential lot line in R1 or R2 Districts. The depth not to exceed 250 feet or 65 feet from a residential dwelling, whichever is greater. Beyond 250 feet from the street line and 65 feet from any residential dwelling, a pasture may extend to the lot line.

Livestock shall be kept in accordance with the provisions of § 247-41, Domestic animals and livestock.

§ 247-41 Domestic animals and livestock.

[Added 8-24-1994]

Purpose.

It is the purpose of this section to allow the raising and keeping of animals, livestock, poultry and rabbits within the Town of Pendleton pursuant to certain limitations and regulations intended to ensure that the raising and keeping of such animals, livestock, poultry or rabbits will not disrupt, disturb or harm the nature of residential areas within the Town or constitute a nuisance to any neighboring landowners and also to ensure that any such raising or keeping of animals, livestock, poultry or rabbits will be in conformance with the intent of this chapter.

This section does not apply to property 10 acres or more.

Definitions. As used in this section, the following terms shall have the meanings indicated:

ANIMALS OR LIVESTOCK

Includes burros, cows, donkeys, goats, horses, mules, swine, hogs, pigs, sheep and/or any other brute or beast as distinguished from man, and shall not be construed to apply to dogs and cats.

DOMESTIC USE

The raising or keeping of animals, livestock, poultry or rabbits by the owner of the property on which such animals, livestock, poultry or rabbits are raised or kept for hobby purposes or for consumption or associated use by the owner of such premises and his immediate family only.

POULTRY

Chickens, ducks, geese, guinea hens, turkeys, pigeons and/or any other fowl.

RABBITS

Any small animal of the hare family.

Domestic use; authorized restrictions. The raising or keeping of animals, livestock, poultry or rabbits for domestic use is hereby allowed in all zoning districts, subject to the following restrictions:

No animals or livestock are permitted on less than five acres.

For all animals and livestock, five acres of contiguous land or part thereof must be provided for every one animal or livestock kept or raised. The general provisions of § 247-40 shall also apply to domestic animals and livestock.

For all poultry and rabbits, a maximum of 12 of any combinations shall be allowed to be raised or kept on each one contiguous acre of land or part thereof with a minimum of two acres.

For all swine, hogs and pigs, 10 acres of contiguous land must be provided to allow the raising or keeping of the same. One pot belly pig will be allowed on fewer than 10 acres, provided that it is kept indoors as a domesticated animal

[Amended 12-11-2017]

Any person raising or keeping animals, livestock, poultry or rabbits must also comply fully with the New York State Agriculture and Markets Law, the Niagara County Health Codes and applicable ordinances of the Town of Pendleton, including any setback or building requirements.

Such raising or keeping of animals, livestock, poultry or rabbits must not cause a nuisance to any adjoining property which would annoy, alarm or render an inconvenience to such property owner.

(7)

All animals, livestock, poultry or rabbits must be confined so as not to cause damage to neighboring property. Any damage done by animals, livestock, poultry or rabbits shall cause the owner of such animals, livestock, poultry or rabbits to be responsible for the damage.

§ 247-42 Small retail business/businesses in conjunction with small contractor shop. [1]

[Added 6-13-2022 by L.L. No. 2-2022]

Small retail business/businesses in conjunction with small contractor shops shall be subject to all of the following listed requirements and restrictions:

All general setback, area, height, width and depth restrictions found in § 247-12, CO-1 District: Light Commercial, apply.

Small retail businesses must constitute a minimum of 2,500 square feet of the floor space of the primary building of the total small business.

Retail space must be in the front of the primary building and separated from the contractor shop with a permanent wall.

If the contractor shop has a retail business related to the contractor shop, all or part of the required 2,500 square feet of retail space can be utilized by that retail business.

A restroom facility must be made available for the retail shop owner and/or employee use.

Retail space must be aggressively advertised/promoted by use of traditional methods such as signs, media and internet.

There shall be no outside storage of inventory, equipment, or other materials used in conjunction with the small contractor shop.

There shall be no outdoor overnight parking of small contractor shop vehicles and/or equipment.

Adequate paved parking in front of the small retail shop(s) must be provided for small retail shop employees and customers.

Adequate paved parking must be provided for small contractor shop employees and customers.

All applications for small retail business/businesses in conjunction with small contractor shops shall be subject to site plan review and approval by the Planning Board under § 247-54, which shall include environmental review under SEQRA and a public hearing. See § 247-54, Site plan review; performance and design standards.

Editor's Note: Former § 247-42, Excavations, as amended 8-24-1994 and 11-8-2000, was repealed 9-28-2020 and 6-13-2022 by L.L. No. 2-2022. For current provisions, see Art. XIV, Excavations and Fill.

§ 247-43 Multifamily residences in residential districts. [1]

[Added 6-13-2022 by L.L. No. 2-2022]

Multifamily residences (consisting of three- or four-family dwelling units) shall be subject to the following restrictions:

Maximum four dwelling units per structure.

Minimum (of record or planning) lot area for a three-dwelling-unit multifamily residence: 75,000 square feet immediately contiguous to the footprint of the structure with a minimum width of 300 feet and a minimum depth of 250 feet, if the lot of record or planning lot is served by public sewers. If not served by public sewers, a minimum of three acres is required. (Note: Wetlands are excluded in calculating minimum square foot requirements.)

Minimum (of record or planning) lot area for a four-dwelling-unit multifamily residence: 100,000 square feet immediately contiguous to the footprint of the structure with a minimum width of 400 feet and a minimum depth of 250 feet, if the lot of record or planning lot is served by public sewers. If not served by public sewers, a minimum of four acres is required. (Note: Wetlands are excluded in calculating minimum square foot requirements per dwelling unit.)

Of record or planning lot width is measured perpendicular to the side lot line of recorded or planning lot at the street/road and/or driveway line except for cul-de-sac layouts which shall meet the minimum width requirements at the building line.

Minimum front yard setback for all buildings and/or structures, with the exception of accessory structures, is 60 feet as measured to the front lot line of the recorded or planning lot.

Minimum side yard setback for all buildings/structures is 30 feet as measured to the side lot lines of the recorded or planning lot.

Minimum rear yard setback for all buildings/structures, except accessory structures, is 50 feet as measured to the rear line of the recorded or planning lot.

Maximum recorded or planning lot coverage with buildings and/or structures is 15% of recorded or planning lot area.

Maximum building height is 35 feet.

Minimum floor area per dwelling unit: 900 square feet, excluding garages, accessory structures, and porches.

Minimum of four parking spaces per dwelling unit, including allotted spaces in a garage.

The maximum garage size shall be established by the Planning Board during site plan review.

Accessory structures. One accessory structure may be allowed per dwelling unit subject to site plan review by the Planning Board. (Note: If an association takes care of the grounds, site plan review is not required. If dwelling units are such an exceptional size that a large garage area could be provided and still blend in, site plan review is not required. The area (in square feet) allowed per accessory structure could be accumulated to allow for a community storage/clubhouse structure.) The following setbacks are recommended for accessory-type structures:

Front yard: 100 feet.

Side yard: 30 feet.

Back yard: 30 feet.

Size shall be shall be established by the Planning Board during site plan review (maximum 600 square feet).

Handicapped access shall meet New York State Uniform Fire Prevention and Building Code standards.

All utilities and roadways (dedicated and private) shall meet Town standards as provided in the Code of the Town of Pendleton Chapter 220, Subdivision of Land, Article V.

All multifamily residence applications shall be subject to site plan review and approval by the Planning Board pursuant to § 247-54, which shall include environmental review under SEQRA and a public hearing. See § 247-54, Site plan review; performance and design standards.

A special use permit issued by the Town Board is required upon approval of the site plan and is subject to an annual review and renewal by the Town Board to ensure that all the above-listed provisions are being adhered to. The Town Board will have the discretion to revoke the special use permit due to noncompliance and establish a time frame to correct the violation(s).

Editor's Note: Former § 247-43, Gravel and sand operations, added 8-24-1994 as amended 11-8-2000, was repealed 9-28-2020 and 6-13-2022 by L.L. No. 2-2022. For current provisions, see Art. XIV, Excavations and Fill.

§ 247-44 Multifamily residences in commercial districts. [1]

[Added 6-13-2022 by L.L. No. 2-2022]

Multifamily residences (consisting of three or more dwelling units) are subject to the following restrictions:

Minimum lot width: 200 feet.

Minimum lot size: 50,000 square feet.

Maximum lot coverage by buildings, includes garages: 35%.

Minimum side yard setbacks:

Adjacent to nonresidential zones: 20 feet.

Adjacent to residential zones: 50 feet greenbelt (open space) buffer.

Minimum front yard setback: 60 feet.

Minimum rear yard setback: 50 feet.

Maximum height: 35 feet.

Minimum floor area per dwelling unit:

One-bedroom unit: 675 square feet.

Two-bedroom unit: 850 square feet.

Three-bedroom unit 1,000 square feet.

When any units are more than three bedrooms, the minimum square footage shall be determined at the Planning Board's discretion.

No more than 20% of the total units within a multifamily residence development shall be three-bedroom units.

All stairways to the second floor shall be located inside the building.

Maximum building length: 75 feet. The wall for a structure or parallel walls of adjacent structures shall not continue in the same place for a length of more than 25 feet without an offset of at least four feet.

Minimum space between buildings: 25 feet.

Building grouping or cluster and access. Each group or cluster shall have access to a public or private road. If there are more than 12 dwelling units, direct access must be provided to a public road. Within a group or cluster, each dwelling unit must be accessible by means of a private road or driveway. Standards of such road shall meet Planning Board specifications. If there are more than 50 dwelling units, the Planning Board may require additional access to a public road.

Sanitary sewer systems.

No private sanitary sewer systems are allowed.

If public sewers are used, the developer shall complete a downstream sewer capacity analysis.

There must be a planted buffer strip between a parking area or accessway and the adjoining property.

No asphalt is permitted to be installed entirely to the property line. Asphalt shall stop at the following distances to the property lines:

Side line: 10 feet.

Rear yard: 20 feet.

Storage area: 200 cubic feet for each dwelling unit.

Every building shall be provided with garbage and refuse storage and collection areas enclosed and screened from view and away from the front of the buildings.

Every structure shall have a minimum setback of 15 feet from all interior roads, driveway and parking areas. The entire area of a development not improved for driveways, parking areas, or covered by buildings or walkways shall be landscaped and properly maintained at all times.

Parking.

Parking areas shall be subject to site plan review.

No driveways are permitted along the property line.

Minimum parking spaces: three parking spaces per dwelling unit.

Cellar occupancy is prohibited.

All multifamily residence applications shall be subject to site plan review and approval by the Planning Board under § 247-54, which shall include environmental review under SEQRA and a public hearing. See § 247-54, Site plan review; performance and design standards.

A special use permit issued by the Town Board is required upon approval of the site plan and is subject to an annual review and renewal by the Town Board to ensure that all the above-listed provisions are being adhered to. The Town Board will have discretion to revoke the special use permit due to noncompliance and establish a time frame to correct violation(s).

Editor's Note: Former § 247-44, Topsoil and overburden, as amended 8-24-1994 and 11-8-2000, was repealed 9-28-2020 and 6-13-2022 by L.L. No. 2-2022. For current provisions, see Art. XIV, Excavations and Fill.

§ 247-45 Camping, travel trailer and recreational vehicle parks. [1]

[Added 6-13-2022 by L.L. No. 2-2022]

Special use permit required. It shall be unlawful for any person, firm or corporation to use a recreational vehicle, automobile camper-trailer or mobile home as habitation or to establish, maintain, operate or conduct within the Town any tourist park or camp or any automobile trailer park or camp or any combination of same without having first secured a special use permit therefor from the Town Board.

Detached trailers in public places. No person shall detach any recreational vehicle, automobile camper-trailer or mobile home or other trailer from its towing vehicle and permit the same to remain standing in any public street or place.

Special use permit fee; duration of stay; permit applications.

The annual special use permit fee for every park or camp shall be as described in the Town of Pendleton Fee Schedule, adopted by the Town Board by resolution, as may be amended from time to time, and the permit shall expire each year on the 31st day of December. There shall be a monthly fee, as described in the Fee Schedule, for each space which has been occupied during that month for a period or periods aggregating more than 15 days.

No recreational vehicle, automobile camper-trailer, mobile home or tent shall remain in any park or camp for a period exceeding 60 days or two months, whichever is longer, in any one year.

Application for a camping, travel trailer and/or recreational vehicle special use permit shall be filed with and issued by the Town Board.

Applications shall contain the following:

Name and address of the applicant.

[2]

Location and legal description of the park.

[3]

Plans and specifications for all buildings and improvements constructed or to be constructed within the park.

No application shall be transferrable.

All camping, travel trailer and/or recreational vehicle special use permit applications shall be subject to site plan review and approval by the Planning Board under § 247-54, which shall include environmental review under SEQRA and a public hearing. See § 247-54, Site plan review.

Park plan; regulations.

The park shall conform to Chapter 247, Zoning, Chapter 132, Fire Prevention and Building Construction, Chapter 194, Plumbing, and the following requirements:

Drainage facilities and grading shall be designed to ensure the reduction of stormwater runoff rates and volumes, erosion, and nonpoint source pollution in accordance with Article XIII of Chapter 247, Zoning, of the Town Code.

Camping, travel trailer and recreational vehicle spaces shall be provided consisting of a minimum of 10,000 square feet for each space, which shall be at least 50 feet in width and clearly defined. Tents, travel trailers and vehicles shall be so harbored on each space that there shall be at least 30 feet of clearance between them. No tent, trailer or vehicle shall be located closer than 100 feet to any property line bounding the park.

All spaces shall abut a driveway of not less than 20 feet in width, which shall have unobstructed access to a public street or highway. All driveways shall be hard-surfaced, well-marked by pavement markings in the daytime and lighted at night with electric light poles at distances and at the intensity as set by the utility company servicing said park.

Walkways not less than two feet wide shall be provided from the spaces to the service buildings. The walkway shall be hard-surfaced, well-marked by pavement markings in the daytime and lighted at night with electric light poles at distances and at the intensity as set by the utility company servicing said park.

An electrical outlet supply of at least 110 volts shall be provided for each space.

A concrete pad not less than 100 square feet and not less than four inches in thickness shall be provided for each space, located adjacent to the entrance.

Playground areas shall be provided in addition to the spaces and shall be restricted to recreational use. Each park shall have at least one recreational area of a size no less than one acre.

Clothes-drying facilities shall be provided at the service building only. Outdoor drying spaces are prohibited.

(i)

No permanent addition shall be built onto or become a part of any tent, travel trailer or recreational vehicle.

(j)

No owner or person in charge of a dog, cat or other animal shall permit it to run at large or to commit any nuisance within the limits of any park.

(k)

No park shall consist of more than 100 spaces.

Sanitary and health regulations.

Laundry facilities shall be provided in the ratio of one laundry unit to every 10 spaces and shall be in a separate room of a service building or in a separate building.

A laundry unit shall consist of one or more laundry trays and clothes-washing machines.

An accessible, adequate, safe and potable supply of water shall be provided in each park, capable of furnishing a minimum of 150 gallons per day per space. Connection shall be made to the public water supply, and its supply shall be used exclusively.

Individual water service connection must be provided for direct use at each space. It shall be so constructed that it will not be damaged by a movement of vehicles. The park water system shall be adequate to provide 20 pounds per square inch of pressure at all connections.

All plumbing in the park shall comply with state and local plumbing laws and regulations.

Each independent space shall be provided with at least a three-inch sewer connection. The sewer connection shall be provided with suitable fittings so that a watertight connection can be made between the vehicle drain and the sewer connection. Such individual connections shall be so that they can be closed when not linked to a trailer or recreational vehicle and shall be capped so as to prevent any escape of odors.

The park sewer line shall be connected to the public sewer.

The storage, collection and disposal of refuse in the park shall comply with the Town Refuse Ordinance.

Fire protection. The park shall be subject to the rules and regulations of the fire protection district authorities.

Special use permit administration. A special use permit issued by the Town Board is required upon approval of the site plan and is subject to an annual review by the Town Board. Town Board review will be undertaken to ensure that all above-listed provisions are being adhered to. The Town Board will have discretion to revoke the special use permit due to noncompliance and establish a time frame to correct the violation(s).

Enforcement. It shall be the duty of the Code Enforcement Officer/Building Inspector (or other official designated by the Town Board in case no Code Enforcement Officer/Building Inspector has been appointed) to enforce the regulations and restrictions provided by this section.

Penalties for offenses. All violations of this section or of any regulations or provisions thereof shall be an offense punishable by a fine not exceeding $250 or imprisonment for more than 15 days, or both. Each and every day that a violation of this section is permitted to exist shall constitute a separate offense. This penalty shall be in addition to any other penalties or other remedies as may be provided by law.

§ 247-46 Ponds; decorative/ornamental ponds.

Editor's Note: Former § 247-45, Road debris, was repealed 9-28-2020 and 6-13-2022 by L.L. No. 2-2022.

[Added 8-24-1994; amended 4-6-1999; 7-6-1999; 11-2-2000; 9-7-2010]

Pond: a man-made body of water adhering to state standards for depth, berms (if applicable), stocked with fish, not to exceed 10% of the parcel on which it is located or five acres, whichever is smaller, and approved by the Planning Board. Safety precautions must be adhered to, and at least three signs, six feet in height and legible from a distance of 30 feet, must be located at 120° around the circumference of the pond. This section is subject to a final site plan review under § 247-54 by the Planning Board.

Minimum side yard setback: 100 feet.

Minimum front yard setback: 250 feet.

Minimum rear yard setback: 50 feet.

Decorative/ornamental pond: a man-made body of water retained by means of a liner (waterproof material) and kept aerated by means of a pump and filtering device or pump with an aerating system. The distance across the widest part is not to exceed 50 feet and the total square foot area is not to exceed 2,500 square feet. Total area cannot exceed 10% of the parcel of land on which it is constructed. Permit to construct is required.

Stormwater management area, to benefit the greater good: for use during excessive rainfall or water runoff conditions to prevent property damage and/or soil erosion; must be approved by Stormwater Management Officer and Town Engineer. This section is subject to a final site plan review under § 247-54 by the Planning Board

§ 247-47 Bed-and-breakfasts. [1]

[Added 12-14-2020; amended 6-13-2022 by L.L. No. 2-2022]

Purpose. The Town Board recognizes that popularity has risen with regard to the rental of rooms on a temporary basis and on occasion providing breakfast to the renter, which has become known as a "bed-and-breakfast residence or inn." The Town Board has determined that the permission for such incidental use of an existing residence should not create a detriment to surrounding residences, provided that the same is properly regulated. A bed-and-breakfast, as that term is used in this § 247-47, shall have the meaning designated in § 247-4 (Definitions).

Regulations.

Permits for a bed-and-breakfast shall only be granted for residences in an R2 District and for existing residences (at the time this chapter is adopted) in either the CO1 or CO2 Districts which are used solely for residential purposes. Any property in the CO1 or CO2 Districts which has any commercial activity shall not be allowed to operate a bed-and-breakfast.

No building permit for an addition to a principal structure may be issued within three years of the granting of a permit for a bed-and-breakfast. No special use permits for a bed-and-breakfast may be granted within three years of the issuance of a building permit for an addition to a principal structure.

The quarters to be utilized by the guests or the occupants of the premises shall not be permitted in any accessory structure.

The principal building in which the use is permitted shall be occupied by the owners as their principal residence.

The use by guests shall be temporary only and limited to a maximum of 14 days for any one guest.

The bed-and-breakfast shall use a maximum of three bedrooms and shall not have more than nine guests.

(7)

The bed-and-breakfast shall provide at least one bathroom for each six guests.

(8)

At least one smoke detecting device shall be located in each bedroom.

(9)

At least one fire extinguisher shall be located in every hallway.

(10)

Emergency lighting shall be provided in every hallway leading to an exit.

(11)

The serving or providing of meals to paying guests shall be limited to breakfast.

(12)

One off-street parking space shall be provided for each room(s) used for the bed-and-breakfast, in addition to the off-street parking spaces for the residence.

(13)

Signs shall be limited by the requirements in this Chapter 247.

(14)

The bed-and-breakfast must comply with all state, county and local health and building codes and permits.

Site plan review. All bed-and-breakfasts shall be subject to the site plan review and approval by the Planning Board under § 247-54, which shall include environmental review under SEQRA and a public hearing. See § 247-54, Site plan review; performance and design standards.

Special use permit.

A bed-and-breakfast shall be considered as a special use requiring a special use permit granted by the Town Board in accordance with § 247-16, following site plan review and approval by the Planning Board. Town Board review will be undertaken to ensure that all provisions in this § 247-47 are being adhered to. The Town Board has discretion to revoke the special use permit due to noncompliance and establish a time frame to correct the violation(s).

The standards and regulations governing this use shall not be construed to exclude the requirement for further conditions and standards as determined necessary by the Town Board for granting a special use permit under § 247-16.

Once a special use permit is granted, the bed-and-breakfast will be subject to an annual inspection by the Code Enforcement Officer/Building Inspector. An annual inspection fee shall be as described in the Town of Pendletion Fee Schedule, adopted by the Town Board by resolution, as may be amended from time to time.

Penalties for offenses. Every person, firm, or corporation convicted of a violation of any provision of this § 247-47 shall be punished by a fine of not more $250 or imprisonment for not more than 15 days, or both. Each and every day that a violation of this § 247-47 is permitted to exist by an owner of a residence operating a bed-and-breakfast shall constitute a separate offense.