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Town of Geddes, NY
Onondaga County
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Table of Contents
Table of Contents
Regulations for the Residential A District shall be as follows:
A. 
Permitted uses:
(1) 
Single-family dwelling.
(2) 
Religious use.
(3) 
Accessory buildings and structures to Subsection A(1) and (2) above. However, there shall be no more than two accessory buildings on one lot. A freestanding garage is allowed as an accessory building only if there are not other garages, freestanding or attached, on the property.
(4) 
Family day-care.
B. 
Uses permitted only upon issuance of a special permit:
(1) 
Home occupation.
(2) 
Public or private school.
(3) 
Public library or public museum.
(4) 
Public park or playground.
(5) 
Facilities for the provision of natural gas service, other than containerized natural gas, to the local community, except storage or heavy equipment yards.
[Amended 6-11-2002 by L.L. No. 3-2002]
(6) 
Group residence.
(7) 
Community center.
(8) 
Eleemosynary use.
(9) 
Accessory buildings and structures to Subsection B(1) through (8) above.
(10) 
Facilities necessary for the provision of electrical service to the local community, except storage or heavy equipment yards.
[Added 6-11-2002 by L.L. No. 3-2002]
(11) 
Facilities, other than towers, necessary for the provision of standard land line telephone service to the local community, except storage or heavy equipment yard.
[Added 6-11-2002 by L.L. No. 3-2002]
(12) 
Facilities, other than towers, necessary for the provision of cable television service to the local community, except storage or heavy equipment yards.
[Added 6-11-2002 by L.L. No. 3-2002]
C. 
Residential lot and structure requirements:
(1) 
Lot:
(a) 
Minimum area: 7,500 square feet
(b) 
Minimum width: 75 feet.
(c) 
Maximum lot coverage: 25%.
(2) 
Principal structure:
(a) 
Front yard setback: 30 feet.
(b) 
Side yard setback, each side: five feet.
(c) 
Rear yard setback: five feet.
(d) 
Maximum height: 35 feet.
(e) 
Corner lot. For the side street, a side yard of at least 15 feet shall be provided.
(3) 
Accessory structure:
(a) 
Front yard setback: the same as the principal structure or a minimum of 30 feet.
(b) 
Side yard setback, each side: five feet.
(c) 
Rear yard setback: five feet.
(d) 
Maximum height: 20 feet.
(e) 
Minimum distance from principal building: 10 feet.
D. 
Nonresidential lot and structure requirements:
(1) 
Lot:
(a) 
Minimum area: 20,000 square feet.
(b) 
Minimum width: 100 feet.
(c) 
Maximum lot coverage: 25%.
(2) 
Principal structure:
(a) 
Front yard setback: 40 feet.
(b) 
Side yard setback: 20 feet.
(c) 
Rear yard setback: 20 feet.
(d) 
Maximum height: 35 feet.
(3) 
Accessory structure:
(a) 
Front yard setback: 40 feet.
(b) 
Side yard setback: 20 feet.
(c) 
Rear yard setback: 20 feet.
(d) 
Maximum height: 20 feet.
E. 
Supplemental regulations:
(1) 
Off-street parking and loading: see Article VI.
(2) 
Signs: see Article VII.
(3) 
Supplemental regulations: see Article VIII.
(4) 
Special permits: see Article V.
Regulations for the Residential B District shall be as follows:
A. 
Permitted uses:
(1) 
Single-family dwelling.
(2) 
Religious use.
(3) 
Accessory buildings and structures to Subsection A(1) and (2) above. However, there shall be no more than two accessory buildings on one lot. A freestanding garage is allowed as an accessory building only if there are not other garages, freestanding or attached, on the property.
(4) 
Family day-care.
B. 
Uses permitted only upon issuance of a special permit:
(1) 
Public or private school.
(2) 
Public library or public museum.
(3) 
Public park or playground.
(4) 
Facilities for the provision of natural gas, other than containerized natural gas, to the local community, except storage or heavy equipment yards.
[Amended 6-11-2002 by L.L. No. 3-2002]
(5) 
Group residence.
(6) 
Home occupation.
(7) 
Community center.
(8) 
Eleemosynary use.
(9) 
Nursing or convalescent home.
(10) 
Multiple-family dwelling.
(11) 
Accessory buildings and structures to Subsection B(1) through (10) above.
(12) 
Facilities necessary for the provision of electrical service to the local community, except storage or heavy equipment yards.
[Added 6-11-2002 by L.L. No. 3-2002]
(13) 
Facilities, other than towers, necessary for the provision of standard land line telephone service to the local community, except storage or heavy equipment yards.
[Added 6-11-2002 by L.L. No. 3-2002]
(14) 
Facilities, other than towers, necessary for the provision of cable television service to the local community, except storage or heavy equipment yards.
[Added 6-11-2002 by L.L. No. 3-2002]
C. 
Residential lot and structure requirements for a single-family dwelling: same as for Residential A District.
D. 
Residential lot and structure requirements for a multiple-family dwelling:
(1) 
Lot:
(a) 
Minimum area: 20,000 square feet.
(b) 
Minimum width: 100 feet.
(c) 
Maximum lot coverage: 25%.
(d) 
Maximum density per acre: six dwelling units per acre.
[Amended 3-12-2002 by L.L. No. 1-2002]
(2) 
Principal structure:
(a) 
Front yard setback: 40 feet.
(b) 
Side yard setback, each side: 20 feet.
(c) 
Rear yard setback: 35 feet.
(d) 
Maximum height: 35 feet.
(e) 
Minimum distance between principal buildings: 25 feet.
(3) 
Accessory structure:
(a) 
Front yard setback: the same as the principal structure or a minimum of 40 feet.
(b) 
Side yard setback, each side: 10 feet.
(c) 
Rear yard setback: 20 feet.
(d) 
Maximum height: 20 feet.
(e) 
Minimum distance from the principal building: 30 feet.
E. 
Nonresidential lot and structure requirements: same as for Residential A District.
F. 
Supplemental regulations:
(1) 
Off-street parking and loading: see Article VI.
(2) 
Signs: see Article VII.
(3) 
Supplemental regulations: see Article VIII.
(4) 
Special permits: see Article V.
Regulations for the Residential C District shall be as follows:
A. 
Permitted buildings, structures and uses:
(1) 
Single-family dwelling.
(2) 
Accessory buildings and structures to Subsection A(1) above. However, there shall be no more than two accessory buildings on one lot. A freestanding garage is allowed as an accessory building only if there are no other garages, freestanding or attached, on the property.
(3) 
Family day-care.
B. 
Uses permitted after site plan review:
(1) 
Business office, one per lot.
C. 
Uses permitted only upon issuance of a special permit:
(1) 
Home occupation.
(2) 
Residential unit in combination with business office.
(3) 
Facilities for the provision of natural gas, other than containerized natural gas, to the local community, except storage or heavy equipment yards.
[Added 6-11-2002 by L.L. No. 3-2002]
(4) 
Facilities necessary for the provision of electrical service to the local community, except storage or heavy equipment yards.
[Added 6-11-2002 by L.L. No. 3-2002]
(5) 
Facilities, other than towers, necessary for the provision of standard land line telephone service to the local community, except storage or heavy equipment yards.
[Added 6-11-2002 by L.L. No. 3-2002]
(6) 
Facilities, other than towers, necessary for the provision of cable television service to the local community, except storage or heavy equipment yards.
[Added 6-11-2002 by L.L. No. 3-2002]
D. 
Residential lot and structure requirements: same as for Residential A District.
E. 
Nonresidential lot and structure requirements:
(1) 
Lot:
(a) 
Minimum area: 10,000 square feet.
(b) 
Minimum width: 100 feet.
(c) 
Maximum lot coverage: Buildings and structures shall not cover more than 25% of the lot, and combined buildings, structures and parking shall not cover more than 50% of the lot area.
(2) 
Principal structure:
(a) 
Front yard setback: 30 feet.
(b) 
Side yard setback: five feet. [See Subsection F(2) below.]
(c) 
Rear yard setback: five feet [See Subsection F(2) below.]
(d) 
Maximum height: 35 feet.
(3) 
Accessory structure:
(a) 
Front yard setback: the same as the principal structure or a minimum of 30 feet.
(b) 
Side yard setback: five feet. [See Subsection F(2) below.]
(c) 
Rear yard setback: five feet [See Subsection F(2) below.]
(d) 
Maximum height: 20 feet.
F. 
Additional restrictions:
(1) 
There shall be no on-premises retail sale of merchandise, no manufacturing or processing and no storage of merchandise on premises except for sample or display purposes in any business office in this zoning district.
(2) 
There shall be a transition strip of a minimum width of 15 feet along all side and rear property lines which adjoin other residential use districts. This strip shall be in addition to side and rear setbacks and shall be developed, used and maintained for lawn, shrubs, trees and bushes as specified by the Town Board. In addition, the Town Board may, when appropriate to protect an adjacent property from detrimental aspects such as headlight glare, require opaque screening measures to be installed and maintained.
(3) 
There shall be no on-site outside parking of commercial trucks or vans used by a tenant for construction, delivery, service or other business enterprise.
(4) 
Notwithstanding any other provision of this section, no building shall occupy more than 2,000 square feet of land area or have more than 4,000 square feet of gross floor area.
(5) 
The site plan review of the business office shall encourage building designs which preserve and maintain the residential atmosphere of the surrounding area, especially in relation to open space, green areas, landscaping, architecture, additional screening, if required, and layout of parking lots.
(6) 
Each office building may use one freestanding identification sign no larger than six square feet in area, and, in addition, each building may have one wall-mounted directory sign not to exceed three square feet. The Town Board shall determine the location and design of the freestanding sign during the site plan review procedure.
(7) 
The exterior lighting for each office building shall not cause undesirable glare on any adjoining property.
(8) 
There shall be reasonable separation of paving on adjoining Residential C lots in order to maintain open green space and to allow for snow removal from parking areas.
(9) 
The Code Enforcement Officer shall refer to the Town Board for its review all applications for permits for expansion, external building or site alterations or new sign applications in a Residential C Zoning District. If, in the opinion of the Town Board, the proposed work may have a serious impact in the neighborhood, it may require that an application be made for an amended site plan approval.
G. 
Supplemental regulations:
(1) 
Off-street parking: see Article VI.
(2) 
Signs: see Article VII.
(3) 
Supplemental regulations: see Article VIII.
(4) 
Special permit and site plan review: see Article V.
A. 
Intent. The general intent of this district is to provide areas where a residential environment by way of high-quality mobile home parks is encouraged and preserved. It is the specific intent of this district to:
(1) 
Encourage the location of mobile home parks near or adjacent to highways designed to adequately handle a safe flow of traffic.
(2) 
Prohibit individual ownership of mobile home sites.
(3) 
Encourage the development of recreation facilities and require off-street parking within mobile home parks.
(4) 
Prohibit all other residential, business, commercial and industrial uses within a planned mobile home park district.
B. 
Uses permitted after site plan review. Uses permitted after site plan review shall be as follows:
(1) 
Mobile home parks.
(2) 
Mobile home park management offices accessory to a mobile home park.
C. 
Required site area. A minimum area of 5,000 square feet shall be provided for each mobile home site. In no case shall the density exceed eight mobile home lots per gross acre of area included in the mobile home park.
D. 
Minimum development area. The minimum development area in the mobile home area shall be 2 1/2 acres.
E. 
All the mobile home sites situated within a mobile home park shall be owned by the park owner and shall be leased to the mobile home owners.
F. 
Mobile home sales.
(1) 
No mobile home shall be offered for sale, displayed for sale or sold within a mobile home park unless such mobile home is fully connected to all operating utilities and is placed on a site in the mobile home park.
(2) 
No more than one mobile home for model purposes shall be permitted in a mobile home park.
G. 
The outside storage of any equipment, furniture, tools or similar material in this district is prohibited.
H. 
Supplemental regulations. Supplemental regulations for this district shall be as follows:
(1) 
Off-street parking: see Article VI.
(2) 
Signs: see Article VII.
(3) 
Site plan review: see Article V.
Regulations for the Commercial A District shall be as follows:
A. 
Uses permitted after site plan review:
(1) 
Retail business.
(2) 
Bank.
(3) 
Restaurant.
(4) 
Business office.
(5) 
Public library or museum.
(6) 
Religious use.
(7) 
Public park or playground.
(8) 
Facilities for the provision of natural gas, other than containerized natural gas, to the local community, except storage or heavy equipment yards.
[Amended 6-11-2002 by L.L. No. 3-2002]
(9) 
Accessory buildings and structures to Subsection A(1) through (8) above.
(10) 
Facilities necessary for the provision of electrical service to the local community, except storage or heavy equipment yards.
[Added 6-11-2002 by L.L. No. 3-2002]
(11) 
Facilities, other than towers, necessary for the provision of standard land line telephone service to the local community, except storage or heavy equipment yards.
[Added 6-11-2002 by L.L. No. 3-2002]
(12) 
Facilities, other than towers, necessary for the provision of cable television service to the local community, except storage or heavy equipment yards.
[Added 6-11-2002 by L.L. No. 3-2002]
B. 
Uses permitted only upon issuance of a special permit:
(1) 
Gasoline station.
(2) 
Motor vehicle service and repair.
(3) 
Car wash.
(4) 
Indoor recreation.
(5) 
Drive-in service facility.
(6) 
Accessory buildings and structures to Subsection B(1) through (5) above.
C. 
Nonresidential lot and structure requirements:
(1) 
Lot:
(a) 
Minimum area: 10,000 square feet.
(b) 
Minimum width: 75 feet.
(c) 
Maximum lot coverage: 50%.
(2) 
Principal structure:
(a) 
Front yard setback: 40 feet.
(b) 
Side yard setback: five feet. See transition requirements in Article VIII.
(c) 
Rear yard setback: five feet. See transition requirements in Article VIII.
D. 
Supplemental regulations:
(1) 
Off-street parking and loading: see Article VI.
(2) 
Signs: see Article VII.
(3) 
Supplemental regulations: see Article VIII.
(4) 
Special permits: see Article V.
Regulations for the Commercial B District shall be as follows:
A. 
Permitted uses:
(1) 
Single-family dwelling.
(2) 
Religious use.
(3) 
Accessory buildings and structures to Subsection A(1) and (2) above. However, there shall be no more than two accessory buildings on one lot. A freestanding garage is allowed as an accessory building only if there are no other garages, freestanding or attached, on the property.
(4) 
Family day-care.
B. 
Uses permitted after site plan review:
(1) 
Retail business.
(2) 
Business office.
(3) 
Public library or museum.
(4) 
Public park or playground.
(5) 
Facilities for the provision of natural gas, other than containerized natural gas, to the local community, except storage or heavy equipment yards.
[Amended 6-11-2002 by L.L. No. 3-2002]
(6) 
Community center.
(7) 
Public or private school.
(8) 
Accessory buildings and structures to Subsection B(1) through (7) above.
(9) 
Facilities necessary for the provision of electrical service to the local community, except storage or heavy equipment yards.
[Added 6-11-2002 by L.L. No. 3-2002]
(10) 
Facilities, other than towers, necessary for the provision of standard land line telephone service to the local community, except storage or heavy equipment yards.
[Added 6-11-2002 by L.L. No. 3-2002]
(11) 
Facilities, other than towers, necessary for the provision of cable television service to the local community, except storage or heavy equipment yards.
[Added 6-11-2002 by L.L. No. 3-2002]
C. 
Uses permitted only upon issuance of a special permit:
(1) 
Restaurant.
(2) 
Bank.
(3) 
Gasoline station.
(4) 
Motor vehicle sales.
(5) 
Motor vehicle service and repair.
(6) 
Home occupation.
(7) 
Car wash.
(8) 
Indoor recreation.
(9) 
Day-care facility.
(10) 
Private club.
(11) 
Outdoor recreation.
(12) 
Residential unit in combination with a nonresidential use.
(13) 
Accessory buildings and structures to Subsection C(1) through (12) above.
D. 
Residential lot and structure requirements: same as for Residential A District.
E. 
Nonresidential lot and structure requirements:
(1) 
Lot:
(a) 
Minimum area: 7,500 square feet.
(b) 
Minimum width: 75 feet.
(c) 
Maximum lot coverage: 50%.
(2) 
Principal structure:
(a) 
Front yard setback: 30 feet.
(b) 
Side yard setback: five feet. See transition requirements in Article VIII.
(c) 
Rear yard setback: five feet. See transition requirements in Article VIII.
F. 
Supplemental regulations:
(1) 
Off-street parking and loading: see Article VI.
(2) 
Signs: see Article VII.
(3) 
Supplemental regulations: see Article VIII.
(4) 
Special permits: see Article V.
Regulations for the Commercial C District shall be as follows:
A. 
Uses permitted after site plan review:
(1) 
Retail business.
(2) 
Wholesale business.
(3) 
Business office.
(4) 
Motor vehicle sales.
(5) 
Motor vehicle service and repair.
(6) 
Veterinary clinic or hospital.
(7) 
Mortuary or undertaking establishment.
(8) 
Public library or museum.
(9) 
Religious use.
(10) 
Public park or playground.
(11) 
Community center.
(12) 
Commercial dry-cleaning and laundry establishment.
(13) 
Indoor recreation.
(14) 
Public or private school.
(15) 
Facilities for the provision of natural gas, other than containerized natural gas, to the local community, except storage or heavy equipment yards.
[Amended 6-11-2002 by L.L. No. 3-2002]
(16) 
Accessory buildings and structures to Subsection A(1) through (15) above.
(17) 
Facilities necessary for the provision of electrical service to the local community, except storage or heavy equipment yards.
[Added 6-11-2002 by L.L. No. 3-2002]
(18) 
Facilities, other than towers, necessary for the provision of standard land line telephone service to the local community, except storage or heavy equipment yards.
[Added 6-11-2002 by L.L. No. 3-2002]
(19) 
Facilities, other than towers, necessary for the provision of cable television service to the local community, except storage or heavy equipment yards.
[Added 6-11-2002 by L.L. No. 3-2002]
B. 
Uses permitted only upon issuance of a special permit:
(1) 
Kennel.
(2) 
Medical center.
(3) 
Outdoor recreation.
(4) 
Storage yard.
(5) 
Gasoline station.
(6) 
Hotel or motel.
(7) 
Restaurant.
(8) 
Accessory buildings and structures to Subsection B(1) through (7) above.
C. 
Nonresidential lot and structure requirements:
(1) 
Lot:
(a) 
Minimum area: none.
(b) 
Minimum width: 75 feet.
(c) 
Maximum lot coverage: 50%.
(2) 
Principal structure:
(a) 
Front yard setback: 40 feet.
(b) 
Side yard setback: 10 feet. See transition requirements in Article VIII.
(c) 
Rear yard setback: 10 feet. See transition requirements in Article VIII.
D. 
Supplementary regulations:
(1) 
Off-street parking and loading: see Article VI.
(2) 
Signs: see Article VII.
(3) 
Supplemental regulations: see Article VIII.
(4) 
Special permits: see Article V.
Regulations for the Industrial A District shall be as follows:
A. 
Uses permitted after site plan review:
(1) 
Industrial use.
(2) 
Business office.
(3) 
Vehicular freight service.
(4) 
Retail business.
(5) 
Warehouse business.
(6) 
Wholesale business.
(7) 
Facilities for the provision of natural gas, other than containerized natural gas, to the local community, except storage or heavy equipment yards.
[Amended 6-11-2002 by L.L. No. 3-2002]
(8) 
Commercial dry-cleaning and/or laundry establishment.
(9) 
Public park or playground.
(10) 
Research facility.
(11) 
Adult uses meeting the requirements of § 240-18H below.
[Added 5-8-2001 by L.L. No. 7-2001]
(12) 
Accessory buildings and structures to Subsection A(1) through (11) above.
[Amended 5-8-2001 by L.L. No. 7-2001]
(13) 
Facilities necessary for the provision of electrical service to the local community, except storage or heavy equipment yards.
[Added 6-11-2002 by L.L. No. 3-2002]
(14) 
Facilities, other than towers, necessary for the provision of standard land line telephone service to the local community, except storage or heavy equipment yards.
[Added 6-11-2002 by L.L. No. 3-2002]
(15) 
Facilities, other than towers, necessary for the provision of cable television service to the local community, except storage or heavy equipment yards.
[Added 6-11-2002 by L.L. No. 3-2002]
B. 
Uses permitted only upon issuance of a special permit:
(1) 
Storage yard.
(2) 
Motor vehicle sales.
(3) 
Motor vehicle service and repair.
(4) 
Car or truck wash.
(5) 
Gasoline station.
(6) 
Restaurant.
(7) 
Motel or hotel.
(8) 
Parking facility.
(9) 
Commercial transmitting, relaying or receiving facility.
(10) 
Power generating facility.
(11) 
Accessory buildings and structures to Subsection B(1) through (10) above.
(12) 
Any use on a lot in an industrial zoning district which is adjacent, disregarding public rights-of-way, to a residential zoning district any use which is not conducted entirely within an enclosed building or structure; and any use involving outside storage of materials, equipment, products or by-products.
C. 
Uses requiring site plan review.
(1) 
All uses permitted in Subsection A shall require site plan review by the Town Board.
(2) 
In addition, any use listed in Subsection B, which either contains more than 10,000 square feet of gross floor area or is greater than 55 feet in height shall require a site plan review by the Town Board in lieu of a special permit review.
D. 
Nonresidential lot and structure requirements:
(1) 
Lot:
(a) 
Minimum area: none.
(b) 
Minimum lot width: none.
(c) 
Maximum lot coverage: The gross area covered by buildings, structures, parking lots, storage areas, driveways and signs shall not exceed 80%. This requirement may be waived by the Town Board during site plan review or by the Board of Appeals during special permit review.
(2) 
Principal and accessory structures:
(a) 
Front yard setback: 40 feet.
(b) 
Side yard setback: 10 feet.
(c) 
Rear yard setback: 10 feet.
(d) 
Maximum height. No structure may exceed 55 feet unless granted an exemption by the Town Board during site plan review.
E. 
Minimum performance standards. The Code Enforcement Officer shall ensure that the following standards are adhered to within an Industrial A District by any use which is not exempt from these standards because of a legal nonconforming use status. Failure to meet these standards shall be reported to the Town Board, which may take such actions as it deems necessary in accordance with this chapter, including but not limited to revoking the certificate of occupancy. These minimum standards shall be in addition to meeting any and all federal, New York State and Onondaga County health and safety requirements and standards.
(1) 
Noise. No use within an industrial zone shall emit a measurable noise which shall be unreasonably loud or disturbing to surrounding property owners and/or users. The standards for determining whether a noise is unreasonably loud or disturbing shall be as follows:
(a) 
No noise measured at a property line of an industrially zoned property shall exceed 70 decibels during the period between 6:00 a.m. and 10:00 p.m. or 60 decibels during the period between 10:00 p.m. and 6:00 a.m. The decibel limits shall be decreased by five decibels for any industrially zoned property adjacent to a residentially zoned property.
(b) 
Sound-pressure levels in decibels shall be measured on the A-weighted response scale with a meter set to the slow response mode. Sound level meters used shall have the characteristics defined in the American National Standards Institute Publication S1.4 1971 (R1983). Measurements shall be conducted in accordance with ANSI S1-36, 1979.
(c) 
The sound level may not exceed these established sound levels by more than six decibels for a period of more than six minutes during any sixty-minute continuous period.
(d) 
Noise as measured at the property line shall not be objectionable due to intermittence, beat frequency, high frequency or other disturbing characteristics. For noises that the Code Enforcement Officer determines to be impulsive in character (example, hammering) or objectionable for any of the other above-noted characteristics, then the standards cited in Subsection E(1)(a) shall be reduced by five decibels. Sounds of short duration, such as impact noises, shall be measured with either an impact analyzer or a sound-level meter having a standardized I (impulse) characteristic.
(e) 
Exemptions. The following uses and activities shall be exempt from the noise level regulations:
[1] 
Noises emanating from temporary construction and maintenance activities between 7:00 a.m. and 6:00 p.m.
[2] 
The noises of safety signals, warning devices, emergency pressure-relief valves or other emergency warning signals.
[3] 
Transient noises of moving sources such as automobiles, trucks, airplanes and railroads. Uses requiring regular deliveries by truck may be required by the Board with appropriate jurisdiction to reduce noise levels to an approved level based on proximity of residential uses. In no case shall the required noise levels be lower than those outlined above.
(2) 
Odor. No use within an industrial district shall emit an odor that is unreasonably offensive as measured at the property line of the use.
(3) 
Dirt, dust, heat, toxic emissions and radiation interference. No use within an industrial district shall create or emit dust, heat, dirt or other particulate matter, radiation, toxic emissions or electronic or radio interference which shall adversely affect uses on adjacent or neighboring properties.
(4) 
Storage. No goods, materials, waste, trash, garbage or other matter shall be stored outside of a building without being fully enclosed to provide both screening, security and containment. Any exception to this type of storage, such as storage of bulk raw materials, shall be granted by the appropriate Board during the site plan review procedure. This storage approval may be revoked if a change of ownership or use occurs or if the storage results in an adverse impact on adjacent properties.
(5) 
Vibration.
(a) 
Ground-transmitted vibration shall be measured with a seismograph capable of recording simultaneously vibration vectors in three mutually perpendicular directions.
(b) 
"Vibration" is the periodic displacement or oscillation of the earth.
(c) 
For administrative purposes, vibration shall be measured at or beyond any adjacent lot line or residential district line, and such measurements shall not exceed the particle velocities as designated in Table I. The maximum vibration is given as particle velocity, which may be measured directly with suitable instrumentation or computed on the basis of displacement and frequency.
[1] 
When computed, the following formula shall be used:
P.V.
=
6.28 D x F
Where
P.V.
=
Particle velocity in inches per second.
D
=
Single amplitude displacement in inches.
F
=
Vibration frequency (Hertz) in cycles per second.
[2] 
The maximum particle velocity shall be the maximum vector sum of the three mutually perpendicular components recorded simultaneously.
Table I
Maximum Peak Particle Velocity
(inches per second)
Vibration
A*
B
C
Steady state**
.02
.05
.10
Impact***
.04
.10
.20
NOTES:
* Reduced by 1/2 between 10:00 p.m. and 6:00 a.m.
** STEADY STATE — Vibrations which are continuous or vibrations in discrete impulses more frequent than 60 per minute.
*** IMPACT — Discrete impulses which do not exceed 60 per minute.
A = Vibration velocity measured at a residential district boundary.
B = Vibration velocity measured at the boundary of an industrial district and any other district, excluding residential districts.
C = Vibration velocity measured at an adjacent lot line within the industrial district.
(6) 
Glare. No illumination shall cause direct light rays to cross any property line in an industrial district. All permanent outdoor lights, such as those used for area lighting or building floodlighting, shall be steady, stationary, shielded sources directed to avoid causing a hazard to motorists or pedestrians or causing direct light rays on other properties. The marginal increase in light as measured at any property line other than a street line shall not exceed one footcandle; only a marginal increase in light of 0.5 footcandle shall be permitted at any property line which is also a residential district line.
(7) 
Procedure.
(a) 
New application.
[1] 
In the case of any application for the establishment of a new use subject to these performance standards, the appropriate review Board may require the applicant, at his own expense, to provide such evidence as it deems necessary to determine whether the proposed use will conform to the above standards.
[2] 
If the appropriate review Board deems it necessary, expert advice may be obtained, with the cost of such advice paid for in advance by the applicant as a condition of further consideration of his application. The report of any expert consultants shall be promptly furnished to the applicant.
[3] 
During the course of either the site plan or special permit review, the appropriate Board shall determine whether the applicant's proposal will conform to the above-noted performance standards, and this determination shall be a necessary, though not exclusive, condition for granting the appropriate Board approval.
(b) 
Industries which are subject to these performance standards.
[1] 
The Code Enforcement Officer shall investigate any purported violation of these performance standards by existing industries which are not exempt from these standards because of a legal nonconforming use status. If there are reasonable grounds for assuming that there is a violation of these performance standards, the Code Enforcement Officer shall notify those responsible for the alleged violation. Such notice shall describe the particulars of the alleged violation and shall require a written response or corrective action to the alleged violation within a reasonable time limit set by the Code Enforcement Officer, but not to exceed 180 days. The notice shall state, and it is hereby declared, that failure to reply or to correct the alleged violation to the satisfaction of the Code Enforcement Officer within the time limit set shall constitute an admission of violation. The notice shall state that, upon request of those to whom it is directed, technical determinations can be made by experts mutually agreeable to the Code Enforcement Officer and to those responsible for the alleged violation; in the event of an inability to select a mutually agreeable expert, the Code Enforcement Officer shall select the expert. If the expert determines that the violation alleged is true, then costs of the determinations shall be charged against those responsible, in addition to any penalties as may be appropriate upon terms of this chapter; however, if it is determined that no violation exists, costs of the determinations shall be paid by the Town of Geddes.
[2] 
If there is no reply to the notice within the time limits set (thus establishing an admission of violation as provided above) and/or the alleged violation is not corrected to the satisfaction of the Code Enforcement Officer within the time limit set, then the Code Enforcement Officer shall take such actions as may be appropriate under this chapter for situations where an admitted violation continues after notice to cease.
F. 
Buffer zone.
(1) 
A buffer zone of 25 feet must be established along all property lines in the industrial zoning district which abut a residential zoning district boundary.
(2) 
The buffer zone must be provided with shrubbery, plantings and landscaping to provide an opaque barrier between the industrial use and the adjacent residentially zoned areas. The details of the landscaping plan must be approved by the appropriate Board during the site plan review or special permit procedure. There shall be no buildings or structures constructed in the buffer zone.
(3) 
The buffer zone shall be in addition to side and rear yard setbacks.
G. 
Supplemental regulations:
(1) 
Off-street parking and loading: see Article VI.
(2) 
Signs: see Article VII.
(3) 
Supplemental regulations: see Article VIII.
(4) 
Special permit and site plan review: see Article V.
H. 
Restrictions on adult uses.
[Added 5-8-2001 by L.L. No. 7-2001]
(1) 
No adult use shall be allowed or permitted in any zoning district of the Town, except in Industrial A Districts. All adult uses shall comply with the applicable provisions of the Code, including those relating to structures and uses permitted in Industrial A Districts.
(2) 
No person shall construct, establish, operate, or maintain, or be issued a certificate of occupancy for, any adult use within the Town unless such use meets the following standards:
(a) 
No more than one adult use shall be allowed or permitted on any one lot.
(b) 
No adult use shall be allowed or permitted on a lot that is within 1,000 feet of:
[1] 
A lot on which there is another adult use;
[2] 
Any residential district (A, B, C or D) or any commercial district (A, B or C);
[3] 
Any property that is utilized, in whole or in part, for residential purposes;
[4] 
Any church or other regular place of worship, community center, funeral home, library, school, nursery school, day-care center, hospital or public park, playground, recreational area or field;
[5] 
Any public buildings; and
[6] 
Any hotels or motels.
(c) 
Where there is a conflict between the regulations as provided in this § 240-18H and any other law, rule or regulation of the Town, including the Code, the most restrictive law, rule or regulation shall apply.
(d) 
All distances set forth herein shall be measured from lot line to lot line.
(3) 
No adult use shall be conducted in any manner that permits the observation of any material depicting, describing or relating to specified sexual activities or specified anatomical areas from any public way or from any other lot, including but not limited to any lighting, display, decoration, poster, photograph, video, sign, show, doorway, window, screen or other opening.
Regulations for the Industrial B District shall be as follows:
A. 
Uses permitted after site plan review:
(1) 
Business office.
(2) 
Research facility.
(3) 
Facilities for the provision of natural gas, other than containerized natural gas, to the local community, except storage or heavy equipment yards.
[Amended 6-11-2002 by L.L. No. 3-2002]
(4) 
Public park or playground.
(5) 
Accessory buildings and structures to Subsection A(1) through (4) above.
(6) 
Facilities necessary for the provision of electrical service to the local community.
[Added 6-11-2002 by L.L. No. 3-2002]
(7) 
Facilities, other than towers, necessary for the provision of standard land line telephone service to the local community.
[Added 6-11-2002 by L.L. No. 3-2002]
(8) 
Facilities, other than towers, necessary for the provision of cable television service to the local community.
[Added 6-11-2002 by L.L. No. 3-2002]
B. 
Uses permitted only upon issuance of a special permit:
(1) 
Industrial use.
(2) 
Wholesale business.
(3) 
Warehouse business.
(4) 
Parking facility.
(5) 
Motel or hotel.
(6) 
Indoor recreation.
(7) 
Accessory building and structure to Subsection B(1) through (6) above.
(8) 
Any use on a lot in an industrial zoning district which is adjacent, disregarding public rights-of-way, to a residential zoning district; and use not confined entirely within an enclosed building or structure; and any use involving outside storage of materials, equipment, products or by-products.
C. 
Uses requiring site plan review.
(1) 
All uses permitted in Subsection A shall require site plan review by the Town Board.
(2) 
In addition, any use listed in Subsection B which either contains more than 10,000 square feet of gross floor area or is greater than 55 feet in height shall require a site plan review by the Town Board in lieu of a special permit review.
D. 
Nonresidential lot and structure requirements:
(1) 
Lot:
(a) 
Minimum area: none.
(b) 
Minimum lot width: none.
(c) 
Maximum lot coverage: The gross area covered by building structures, driveways, parking lots, storage areas and signs shall not exceed 60%.
(2) 
Principal and accessory structures:
(a) 
Front yard setback: 40 feet.
(b) 
Side yard setback: 10 feet.
(c) 
Rear yard setback: 10 feet.
(d) 
Maximum height: No structure may exceed 55 feet unless granted an exemption by the Town Board during site plan review.
E. 
Performance standards: same as Industrial A District.
F. 
Buffer zone: same as Industrial A District.
[Added 6-10-2003 by L.L. No. 1-2003]
Pursuant to § 240-8 of this chapter, the Town Board of the Town of Geddes hereby establishes an overlay zoning district entitled the "Senior Citizen Residential Overlay District," which district may overlay a portion of a Residential B, Residential C, Commercial A or Commercial B District only, subject to the application procedure and district regulations set forth in this chapter. Any property designated as an overlay district pursuant to this chapter is subject to the district regulations of the underlying district upon which it is imposed as well as the district regulations set forth herein. In the case of any conflict between the district regulations applicable in an existing district upon which the overlay is imposed and those specifically pertaining to a Senior Citizen Residential Overlay District, the latter shall be controlling. In a Senior Citizen Residential Overlay District, no building, premises or part thereof shall be used or occupied and no building or structure shall be erected, enlarged, converted or altered except as provided in this section.
A. 
Application.
(1) 
Application for the establishment of a Senior Citizen Residential Overlay District shall be made in writing to the Town Board by the owner(s) of the land(s) to be included in the district or by a person or persons holding an option to purchase the lands contingent upon approval of the application for the change of zone. In the event that an application is made by a person or person holding an option to purchase the lands, the application shall be accompanied by a statement signed by all owners of such land indicating concurrence with the application. Upon submission of a complete application, the Town Board may, in its discretion, refer the application to the Town Planning Board for its review and recommendation.
(2) 
Application materials. The applicant shall submit a site plan drawn to scale to the Town Board consisting, at a minimum, of the following:
(a) 
A metes and bounds description of the proposed district.
(b) 
A survey of the parcel(s) prepared and certified by a licensed land surveyor.
(c) 
A map drawn to scale showing existing conditions of the parcel, including:
[1] 
The name and address of the owner of record and applicant.
[2] 
The name of the person or firm preparing the map.
[3] 
The date, North arrow and scale.
[4] 
The names of owners of abutting parcels.
[5] 
The acreage of the parcel and the County Tax Map number.
[6] 
The boundaries of the parcel plotted to scale.
[7] 
The location and width of existing and proposed state, county or town highways or streets and rights-of-way abutting or within 200 feet of the parcel.
[8] 
The location and outline of existing structures both on the parcel and within 100 feet of the property line.
[9] 
The location of any existing storm or sanitary sewers, culverts, waterlines, hydrants, catch basins, manholes, etc., as well as other underground or aboveground utilities within or adjacent to the parcel.
[10] 
The existing zoning and location of zoning boundaries.
[11] 
The location and outline of existing water bodies, streams, marshes or wetland areas and their respective classification as determined by the appropriate governmental regulatory body.
[12] 
The approximate boundaries of any areas subject to flooding or stormwater overflows.
[13] 
The location and outline of existing vegetation clusters (for a distance of 50 feet onto adjoining property).
[14] 
Freestanding trees with a caliper of 10 inches or greater located within the parcel.
[15] 
Existing contours at an interval of five feet (or less) and extending no less than 50 feet onto adjoining property.
[16] 
The identification of any other significant natural features.
[17] 
The approximate location and dimensions of principal and accessory buildings on the site, their relationship to one another and to other structures in the vicinity, as well as the number of dwelling units by housing type and size, plus a calculation of the density, in dwelling units per acre.
[18] 
The approximate location and dimensions of vehicular traffic circulation features of the site, including proposed roadways, internal driveways, parking and loading areas and proposed access to the site.
[19] 
The approximate location and nature of pedestrian circulation systems, open space and outdoor recreation areas on the site.
[20] 
The proposed source of water supply and how it is to be brought to the site.
[21] 
A general plan for the collection and disposal of sanitary wastes from the site.
[22] 
A general storm drainage plan and how it is to be connected to the drainage systems of adjoining land.
[23] 
A preliminary site grading plan at intervals of five feet.
[24] 
Preliminary identification of areas which will be disturbed and areas which will remain undisturbed by project implementation.
[25] 
All other elements required in this section.
(d) 
A vicinity map showing the proposed use in relation to adjoining uses, transit service, grocery stores, community facilities, social service facilities, medical facilities and pharmacy and religious institutions.
(e) 
Preliminary floor plans and building elevations.
(f) 
A description of any subsidy program relied on in development of the project and proposed rents or selling prices within a reasonable range.
(3) 
Said application shall be considered a zone change application, and any decision of the Town Board to grant such application shall be a legislative act.
B. 
Site plan approval required. In addition to and simultaneous with filing of the written application for a zone change as set forth in Subsection A above, the applicant shall file an application for site plan review. Site plan approval by the Town Board shall be required prior to approval of the zone change application. The applicant shall comply with any and all provisions applicable to site plan review, including but not limited to those contained in § 240-26 regarding site plans and Chapter 100 regarding the payment of developer fees.
C. 
Planning Board review.
(1) 
Referral and recommendation. If, in its discretion, the Town Board refers a zone change application submitted in accordance with this section to the Town Planning Board, the Planning Board shall respond to the Town Board with a recommendation of approval, approval with modifications or denial, unless the application is abandoned as discussed in Subsection C(2) below.
(2) 
Review. In its review of the application, the Planning Board may require such changes in the preliminary plans as are found to be necessary or desirable to meet the requirements of this chapter, to protect the established or permitted uses in the vicinity and to promote the orderly growth and sound development of the community. The Planning Board shall notify the applicant of such changes and may discuss the changes with the applicant. The applicant may submit to the Planning Board revised preliminary plans incorporating the changes required. Such resubmission shall be made within such time as may be allowed by the Planning Board after the notification by the Planning Board. If such resubmission is not so made in a timely fashion, the application shall be deemed abandoned.
D. 
Town Board approval.
(1) 
The Town Board may, following any requested Planning Board review, public notice and hearing, and site plan approval, approve the establishment of a Senior Citizen Residential Overlay District. Approval of said district shall be subject to conditions imposed on the approval, which in all cases shall include, whether or not explicitly stated, that all development shall be undertaken in accordance with the approved site plan. Approval of a Senior Citizen Residential Overlay District shall be duly noted on the Zoning Map of the Town of Geddes.
(2) 
Criteria for rezoning to Senior Citizen Residential Overlay District. In determining whether or not to approve a Senior Citizen Residential Overlay District, the Town may consider, together with the intent and objectives of this section, whether the proposed district and development meet the following criteria:
(a) 
Whether or not the site is served by both public water and public sanitary sewer facilities, and said facilities shall be adequate to accommodate the additional demand placed upon them by the proposed development.
(b) 
Whether or not the site is well drained, and that stormwater generated by development of the site shall not place an undue burden on existing drainage facilities or contribute to downstream flooding.
(c) 
Whether or not the site is located in an area suitable for residential purposes and shall be reasonably free of objectionable conditions such as odors, noise, dust, air pollution, high traffic volumes, incompatible land uses and other environmental constraints.
(d) 
Whether or not the site has slopes generally 5% or less, except for natural buffer areas or other areas not planned for improvements.
(e) 
Whether or not the site contains sufficient natural vegetation and shall be of sufficient size and shape so as to provide for required buffer areas and open space which are intended to enhance the aesthetics of the development and minimize detrimental effects on surrounding properties.
(f) 
Whether or not the site is located within reasonable proximity of necessary day-to-day services and needs of the elderly, such as stores for groceries and pharmaceuticals, banking and health services, places of worship and leisure facilities.
(g) 
Whether or not the site is located such that reasonably safe pedestrian paths link the site with nearby services and activity centers. Roadway traffic volumes and speed, the presence of sidewalks, their slope and surface material, the nature of street crossings and the presence of resting areas shall all be considered in determining the adequacy of pedestrian paths.
(h) 
Whether or not the site is located within reasonable proximity to public transportation service, or, in the alternative, shuttle bus or other transportation service shall be available to the site.
(i) 
Whether or not the site is located such that access to the site can be obtained from a public street which meets current engineering standards of the Town or such other municipal or governmental entity having jurisdiction over same with respect to roadway width and alignment and acceptable sight distances can be developed at the site entry/exit and at intersections in the vicinity of the site.
(j) 
Whether or not the architectural style of the proposed development, exterior materials, finish and color is consistent with existing community and neighborhood character, and, said buildings shall be placed on the site so as to prevent a regimented institutionalized appearance.
(k) 
Whether or not the development of the site produces undue adverse effects on the surrounding neighborhood.
E. 
Special permit approval not required. Approval of the zone change application and site plan as set forth herein shall be sufficient and shall supersede any requirement for a special permit as otherwise set forth in this chapter.
F. 
Time limit on validity of approval. Any approval of a Senior Citizen Residential Overlay District approved pursuant to this chapter shall be null and void and the zoning of the parcel shall revert back to its original zoning classification unless a building permit is applied for and granted and actual construction and/or reconstruction is commenced within two years from the date of final approval.
G. 
Permitted uses. In a Senior Citizen Residential Overlay District, the principal use shall be multifamily dwelling units especially designed for senior citizens.
H. 
Ancillary uses. The following ancillary uses shall be permitted in a Senior Citizen Residential Overlay District:
(1) 
Accessory buildings and facilities which are reasonably necessary to meet the proper maintenance, administration, security, off-street parking, storage, fencing, and utility system needs of the development.
(2) 
The following ancillary uses are permitted in a Senior Citizen Residential Overlay District, provided that such facilities are restricted in their use to the residents of the development and their guests:
(a) 
Meeting rooms, multipurpose rooms, lounges, lobby areas or other common spaces;
(b) 
Game rooms, art and craft rooms, workshops, exercise rooms, or other similar indoor recreation or leisure facilities; and
(c) 
Outdoor sitting areas, game areas, or similar outdoor recreation or leisure facilities.
(3) 
The following ancillary uses are permitted in a Senior Citizen Residential Overlay District, provided that such facilities are managed as part of the building and restricted in their use to the residents of the development:
(a) 
A common kitchen or kitchenettes;
(b) 
A self-service laundry area; and
(c) 
A coin-operated vending machine room.
I. 
Occupancy restrictions.
(1) 
At least 80% of the occupied units are to be occupied by a senior citizen family, as defined and described below:
(a) 
A single person 55 years of age or older;
(b) 
Two or three persons, all of whom are 55 years of age or older;
(c) 
A married couple, the husband or wife of which is 55 years of age or older;
(d) 
One child or grandchild residing with a parent(s) or grandparent(s) who is 55 years of age or older, provided that such child is over the age of 18.
(2) 
One unit in a Senior Citizen Residential Overlay District development may be occupied by a project superintendent or manager and his/her family, without restriction as to age. This unit shall not be counted in determining percentages of senior occupancy.
(3) 
An adult under 55 years of age may be admitted as a permanent resident, provided that said adult is essential to the long-term care of an elderly resident as certified by a physician duly licensed in the State of New York. Such residential unit shall be considered as meeting the requirements of a senior citizen family for purposes of this section.
(4) 
If otherwise qualified hereunder, the temporary occupancy by guests of families who reside in the Senior Citizen Residential Overlay District shall be permitted, provided that such occupancy does not exceed 14 consecutive days and further provided that such occupancy is not repeated until a period of 14 consecutive days has elapsed from the last day of the most recent temporary occupancy by such person(s). Guests staying overnight shall be required to register their temporary occupancy with the project manager or building superintendent. In case of extreme hardship, an application for a temporary extension may be made to the Town Codes Officer.
(5) 
The following shall be permitted but shall not count toward the required 80% occupancy by senior citizen families:
(a) 
The surviving under 55 resident spouse of a deceased resident who was 55 years of age or older;
(b) 
The surviving resident child of a person who was 55 years of age or older, following the death of such person when such person is not survived at death by a spouse 55 years of age or older.
J. 
Residential lot and structure requirements.
(1) 
Minimum lot size. Only those parcels consisting of five acres or more of land shall be eligible for designation as a Senior Citizen Residential Overlay District.
(2) 
Additional requirements. Residential lot and structure requirements for a multiple-family dwelling at set forth in § 240-12D(1) through (3) regarding Residential B District regulations are required.
K. 
General requirements.
(1) 
Laundry. Self-service laundry facilities (washers and dryers) adequate to serve the tenants of the development shall be provided and maintained.
(2) 
Indoor community space. An indoor community space shall be required to provide social and recreational opportunities for project occupants. Included may be such facilities as game rooms, meeting rooms, dining rooms, exercise rooms or other space for active or passive recreation. Such space, exclusive of a common lobby, hallways and basements, shall be provided at the rate of not less than 20 square feet per unit.
(3) 
A twenty-four-hour emergency phone number shall be posted in conspicuous locations.
(4) 
Outdoor recreation. Usable outdoor recreation space shall be provided at the ratio of 200 square feet per unit. Such space shall consist of both active and passive recreation amenities and may include area for walking paths, games, and shaded sitting areas near units and along paths. Landscaped areas not improved for recreational purposes shall not be deemed to satisfy this requirement.
L. 
Unit requirements.
(1) 
Unit mix. No dwelling unit shall contain more than two bedrooms.
(2) 
Unit size. The minimum permitted habitable floor area shall be 500 square feet for efficiency (no bedroom) units, 500 square feet for one-bedroom units and 750 square feet for two-bedroom units.
(3) 
Unit density. The maximum number of residents who may reside in a dwelling unit shall be two persons for efficiency and one-bedroom units and three persons for two-bedroom units.
M. 
Supplementary regulations.
(1) 
Landscape buffer areas.
(a) 
General requirements. All portions of improved lots which are not used for buildings, parking, driveways, walkways, storage or other similar purpose shall be left in their natural state or devoted to recreation or landscape areas consisting of grass, trees, shrubs arid other ground cover in such manner as to minimize erosion and stormwater runoff and maintain or improve the aesthetics of the lot.
(b) 
Landscape buffer. Along the rear and side property lines, there shall be provided a landscape buffer having a minimum depth, measured from the property line, equal to 20 feet. No structure, storage, parking or other use shall be permitted within this buffer area. This buffer area shall be installed with evergreens at an initial total height of at least six feet and, when mature, shall be maintained at a total height of not less than eight feet so as to provide effective screening. In instances where there is existing vegetation and/or natural screening within the required landscape buffer, the Town may accept or requite the retention of such vegetation or screening, incorporate the same into the landscaping scheme and adjust the amount and/or required height of new evergreen plantings accordingly.
(c) 
Landscape strip. Along the frontage of any public street, there shall be provided a landscape strip having a minimum depth of 10 feet measured perpendicular to the street. Said landscape strip shall be planted with grass, shrubs and other ground cover and shall, at a minimum, contain shade trees at the rate of one shade tree per 40 feet of frontage. In instances where there are existing healthy shade trees of desirable species located within or near the minimum front yard setback, the Town may permit or require the retention of these shade trees in lieu of new plantings, provided that the total number of shade trees is no fewer than what would otherwise be required.
(d) 
Parking lot landscaping. Parking areas shall be screened from adjacent properties. Any parking area of more than 40 paved spaces shall have not less than 10% of the area lying within the outside perimeter of the parking surface devoted to landscaping plantings of trees and shrubs as approved by the Town. Landscaped areas in and adjacent to parking lots shall be designed to be easily maintained and protected by at least a six-inch nonmountable concrete or granite curbing.
(e) 
Refuse containers. Refuse containers (dumpsters) shall be screened from view by means of landscaping or an opaque wall or fence approved by the Town and such containers shall be located on concrete pads.
(f) 
All landscaping and screening devices required by this chapter shall be placed so they do not project into or onto adjoining properties. All screening devices and plantings shall be maintained in a healthy, sound and safe condition at all times.
(g) 
All landscaped areas along property lines which are crossed by access drives may be planted with low shrubs no greater than three feet high with a branching habit no less than eight feet wide. No planting shall cause a hazardous condition by interfering with the normal line of sight needed for safe entering and exiting maneuvers by pedestrians and motor vehicles.
(2) 
Agreements and covenants. The Town shall have the right to require that an applicant execute such agreements and covenants as may be required by the Town Board. Said agreements or covenants shall be such as may be recorded in the County Clerk's office to constitute a covenant running with the land.
(3) 
Outdoor walks, outdoor ramps and driveways. Due consideration shall be given in planning walks, ramps and driveways to prevent slipping or stumbling, and handrails and ample places for rest shall be provided. Pedestrian paths and walks shall be paved, except for recreational paths and walks, which shall be paved or covered with wood chips or some other appropriate material in the discretion of the Town Board. Gradients of paths and walks shall not exceed 5% and single-riser grade changes in walks shall not be permitted. All outdoor areas available to the residents shall permit them to move about without danger and with minimum effort. Where provided, stairs shall be illuminated and accompanied by handrails and a ramp for wheelchair access.
(4) 
Design. The architectural design of all buildings, the site selection and recreational facilities must be consistent with the ultimate purpose of achieving independent, self-reliant and pleasant living arrangements for senior citizens and should take into account the desires and needs for privacy, participation in social and community activities and access to community facilities. At the same time, provisions should be made to accommodate the limitations that some times accompany advanced years so that independent living can be sustained as long as possible.
(5) 
Adequate facilities shall be provided for the removal of snow, trash and garbage and for the general maintenance of the community.
(6) 
Parking: see Article VI.
(7) 
Signs: see Article VII.
(8) 
Supplemental regulations: see Article VIII.
(9) 
Outdoor illuminations see § 240-43.
(10) 
Miscellaneous.
(a) 
Utility service to the site shall be buried.
(b) 
Outdoor public address systems or other amplified noise shall be prohibited.
(11) 
Driveway access.
(a) 
General. Driveway access to the site shall be easily identified, adequate to accommodate emergency vehicles and sufficiently illuminated at night.
(b) 
Distance to intersection. No driveway access shall be located nearer than 75 feet to an intersection unless it is directly aligned with one of the intersecting streets or except as otherwise directed by the State or County Highway Departments or Departments of Transportation.
(12) 
Compliance with laws. In addition to the provisions of this local law, the applicant shall comply with all state and federal laws, rules and regulations regarding senior citizen housing.
(13) 
Report to Town Codes Officer. Following approval of a Senior Citizen Residential Overlay District and the resulting construction and/or reconstruction of any buildings or facilities therein, on a biannual basis, by February 1 for the previous year and by August 1 for the current year, the applicant shall submit a written report to the Town Codes Officer verifying that the applicant has continuously maintained a unit occupancy rate of at least 80% by senior citizen families. In the interim periods between such submission, the applicant shall maintain and be able to produce, upon reasonable notice and request, verification of compliance that the applicant has maintained a unit occupancy rate of at least 80% by senior citizen families.
(14) 
The Town, in its discretion, shall have the power to waive or modify any of these requirements, provided that such waiver or modification will not be contrary to the purpose and intent of the Senior Citizen Residential Overlay District.
N. 
Conflicting provisions. Should any provision of this chapter pertaining to a Senior Citizen Residential Overlay District conflict with the provisions of either New York state or federal law, then the relevant provisions of such New York state or federal law shall apply.
O. 
Violations and penalties for failure to comply. Failure to comply with occupancy requirements or any other provisions of this section shall be considered a violation of this chapter, subjecting the owner and the operator of any such facility to the penalties and additional remedies set forth in Article XI of this chapter.
P. 
Severability. If any part or provision of this section or the application thereof to any persons or circumstances shall be judged invalid, such judgment shall be confined to the part or application adjudged to be invalid. Such decision shall not affect the validity of this section as a whole or any part thereof, other than the part so decided to be invalid.
[Added 1-12-2016 by L.L. No. 1-2016]
A. 
Purpose and intent. The Town recognizes that billboards are, by their nature, different in scope and purpose from other types of signage in the Town. Among other matters, billboards advertise or communicate goods, services or messages not conducted, sold, or generated on the lot where the billboard is located. Billboards are significantly larger in size than other types of signage allowed in the Town and their principal purpose is to dramatically attract the attention of the travelling public. The potential impact of a billboard on adjacent areas is significantly greater than other types of signage. Recently, more businesses desire to utilize advancements in technology which permit signs (including billboards) to change copy electronically (e.g., utilizing an LED or digital type of sign). These newer technologies exacerbate the potential impact of a billboard in terms of adversely dominating the environment in which they operate due to light spillover and light pollution, unless regulated in a reasonable fashion. The intent of this section is to establish size, location and operating standards and regulations for billboards, including addressing those utilizing these newer technologies, in order to minimize the secondary effects that can accompany the unregulated display of these types of signs, preserve the character and repose of adjacent areas (with a principal focus on residential neighborhoods), protect property values in all areas of the Town, and reduce traffic and similar hazards caused by undue distractions.
B. 
Definitions.
(1) 
BILLBOARD — As defined in Article VII, § 240-33 of the Code. Any double-faced billboard having back to back surface display areas, no part of which is more than two feet apart, is considered to be a single billboard.
(2) 
DIGITAL BILLBOARD — A billboard which incorporates, in whole or in part, an electronic message.
(3) 
ELECTRONIC MESSAGE — A billboard or freestanding sign, or portion thereof, that can be electronically changed by remote or automatic means, or that appears to change or have movement caused by any method other than manually removing and replacing the billboard or its components,
(4) 
FREESTANDING SIGN — As defined in Article VII, § 240-33 of the Code.
C. 
Locations.
(1) 
Billboards shall be limited to property with physical frontage on Interstate-690 in CB, CC, and IA Districts in the Town.
(2) 
The parcels which shall be subject to this overlay include those parcels located parallel to and abutting Interstate-690 from Tax Parcel No. 019.-01-07.1 South East to 025.-03-01.0.
(3) 
All billboards erected pursuant to this section shall comply with the following location requirements:
(a) 
The minimum distance from other existing billboards shall be 1,000 feet.
(b) 
The minimum distance from any and all occupied single- or multiple-family dwelling(s) or occupied dwelling unit(s) within a Residential, Recreational or Senior Citizen Residential Overlay District shall be 350 feet. Where the billboard is illuminated, the minimum distance from any and all occupied single- or multiple-family dwelling(s) or dwelling unit(s) within a Residential, Recreational or Senior Citizen Residential Overlay District shall be 450 feet. Under all circumstances, light shall be shielded from such other properties.
[Amended 3-13-2018 by L.L. No. 2-2018]
(c) 
Billboards erected to be visible to drivers on Interstate-690 shall be no further than 660 feet from the nearest highway boundary of Interstate-690 at a point perpendicular to the centerline of the highway.[1]
[1]
Editor's Note: Former Subsection C(3)(d), regarding the erection of billboards, which immediately followed this subsection, was repealed 3-13-2018 by L.L. No. 2-2018.
(4) 
Billboards located on top of, cantilevered over or otherwise suspended above any building or structure are prohibited.
D. 
Nonconforming billboards.
(1) 
Billboards determined to be nonconforming may be continued, maintained or decorated, but shall not be physically enlarged or rebuilt.
(2) 
Billboards shall correctly advertise a bona fide business, service, lessor, owner, activity conducted or product available. A billboard displaying incorrect or no longer relevant information for more than 60 days shall be deemed nonconforming.
(3) 
Billboards more than 660 feet from Interstate-690 which are erected to be visible to drivers on Interstate-690 are prohibited and shall be deemed nonconforming.
E. 
Spacing.
(1) 
Not more than three billboards may be located per linear mile regardless of the fact that such billboards may be located on different sides of the roadway. The linear mile measurement shall not be limited to the boundaries of the Town where the particular roadway extends beyond such boundaries.
(2) 
Billboards may not be located within 1,000 feet of another existing billboard. Linear measurement parallel to the centerline of Interstate-690 shall be used to determine the distance between any two billboards.
F. 
Height. The height of the billboard shall not exceed 30 feet above the highest level of the roadway upon which the billboard faces or to which the message upon the billboard is directed. In the event that the billboard is situated upon two roadways having different levels, the height of the billboard shall be measured from the higher roadway. A billboard's height, for purposes of this section, shall be measured from the natural grade at the base of the sign structure to the highest point of the sign structure.
G. 
Size; surface area.
(1) 
The surface display area of any side of a billboard shall not exceed 700 square feet.
(2) 
The surface display area of a billboard shall be measured to include the entire area within a regular geometric form or combinations thereof comprising all of the display area of the billboard, including all of the elements of the matter displayed. Frames and structural members, excluding necessary supports or uprights, shall be included in computation of surface display area. In the case of a sphere, spheroid, or similarly shaped billboard (e.g., a ball), the total surface display area shall be divided by two for determining the maximum surface display area permitted.
(3) 
Tandem or stacked billboards are prohibited.
(4) 
Vee-style billboards are permitted.
(5) 
Billboards exceeding 440 square feet in area may not be double-faced, abutting and facing the same direction. Any billboard with a single sign face divided into separate advertisements, and any billboards which stand flush to one another (on any side) shall be considered double-faced.
H. 
Illumination.
(1) 
All billboards with standard illumination shall be equipped with a timer so as to only illuminate such billboard for the time period between one half-hour prior to sunset and one half-hour after sunrise.
(2) 
All digital billboards shall be equipped with a mechanism to automatically adjust the brightness in response to ambient conditions and to produce a distinct reduction in the level of illumination for the time period between 1/2 hour prior to sunset and 1/2 hour after sunrise. Such billboards shall also be equipped with a means to immediately turn off the display or lighting if they malfunction, and the billboard owner shall immediately turn off the electronic messages or lighting when notified by the Town that it is not in compliance with this local law.
(3) 
The maximum brightness levels of all Billboards shall not exceed 0.2 footcandle over ambient light levels measured within 150 feet of the source.
I. 
Digital billboards
(1) 
Location.
(a) 
The minimum distance from other existing digital billboards shall be 2,000 feet. The minimum distance between any two digital billboards shall be 2,500 feet where both such digital billboards are visible at the same time.
(b) 
The minimum distance of any digital billboard from any and all occupied single- or multiple-family dwelling(s) or occupied dwelling unit(s) within a Residential, Recreational or Senior Citizen Residential Overlay District shall be 750 feet.
[Amended 3-13-2018 by L.L. No. 2-2018]
(2) 
Electronic images and messages.
(a) 
Format.
[1] 
Digital billboards shall contain only a single, contiguous electronic message on each billboard face.
[2] 
Images and messages displayed on digital billboards shall be static or still images. Animation, video streaming, moving images, or other pictures and graphics displayed in a progression of frames that give the illusion of motion or moving objects is prohibited.
[3] 
Sequential messaging as part of an electric message is prohibited. The images and messages displayed on all digital billboards shall be complete within themselves without continuation in content to the next image or message or to any other billboard.
(b) 
Size. Every line of copy and graphics in an electronic message shall be at least 12 inches in height. If there is insufficient room for copy and graphics of this size within the actual copy and graphic area of a billboard, then no electronic message shall be permitted.
(c) 
Duration.
[1] 
The display or message on a digital billboard may change no more frequently than once every eight seconds.
[2] 
The transition from one static image or message to another shall be instantaneous, without delay or special effects.
(d) 
Emergency and public messages. Digital billboards shall be made available to the Town, county, and state emergency services in case of emergency or for such matters as Amber Alerts.
(3) 
Safety technology. Electronic messages shall be designed and equipped to freeze the device in one position if a malfunction occurs. The displays must also be equipped with a means to immediately discontinue the display if it malfunctions, and the billboard owner must immediately stop the electronic message when notified by the Town that it is not complying with the standards of this section. Prior to issuing any necessary permits for an electronic message, the applicant shall submit to the Town written verification from the manufacturer that the digital billboard is so designed and equipped.
J. 
Construction and maintenance.
(1) 
A billboard shall be constructed in such a fashion that it will withstand all wind and vibration forces that can normally be expected to occur in the vicinity and in compliance with all applicable codes.
(2) 
A billboard shall be maintained so as to assure proper alignment of structure, continued structural soundness and continued readability of message.
K. 
Other applicable laws. A billboard must comply with all applicable provisions of federal and state law, and all other relevant regulations and ordinances of the Town.