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Town of Geddes, NY
Onondaga County
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Table of Contents
Table of Contents
Required yards shall be open and unobstructed except as noted below:
A. 
Any enclosed porch or an unenclosed porch having a solid foundation and capable of being enclosed shall be treated as part of the principal building for determining the location of the required yards or for the calculation of lot coverage.
B. 
Decks more than one foot above grade shall be treated as part of the principal building for determining the location of the required yards or for the calculation of lot coverage.
C. 
Eaves with an overhang of not more than two feet, rainwater leaders, windowsills, open steps, bay windows (not more than 12 feet wide, at one floor level only and for a distance not to exceed two feet) and other such similar fixtures may extend into any required yard.
D. 
Fences and uncovered patios at ground level may be erected or constructed anyplace on a lot without regard to yard requirements, provided that fences comply with the applicable requirements of § 240-42 of this chapter.
E. 
Campers, motor homes, recreational vehicles, snowmobiles, boats and similar recreation-oriented vehicles may not be parked or stored out-of-doors in the required front yard in a residential use district, except in the established driveway. In addition, such vehicles may not be parked within five feet of any side or rear lot line.
F. 
Parking spaces may be located in a rear or side yard but may not, other than by Town Board approval for a single-family dwelling containing a home occupation or a residential office, be located in the required front yard of any lot used for residential purposes or in the required front yard of a lot situated within a residential district. Likewise, parking spaces shall be subject to the previously mentioned prohibitions within the required side yard contiguous to the side street of a corner lot.
G. 
Loading spaces may be located in a rear or side yard but may not be located in the required front yard of a lot located within a residential district. Likewise, loading spaces shall be prohibited within the required side yard contiguous to the side street of a corner lot located within a residential district.
H. 
Driveways for access to parking and loading spaces may be located in any yard, provided that the driveway is not designed specifically to accommodate a parking or loading space(s) in conjunction with and in addition to the driveway, and further, provided, that the location of the driveway complies with other applicable requirements of this chapter.
I. 
Accessory structures such as flagpoles, lampposts, bird feeders and lawn ornaments may be located in any yard except as otherwise prohibited in this chapter or in other Town laws.
A. 
General regulations.
(1) 
A landscaped buffer area shall be constructed as a required condition for the issuance of a building permit in commercial or industrial zoning districts where properties abut residential districts, except when a residential use is constructed on the abutting commercially or industrially zoned property.
(2) 
The construction and maintenance of the required buffer area shall be the responsibility of the owner of the commercially or industrially zoned property for which a building permit is requested.
(3) 
No parking, loading, driveway or structural encroachment shall be permitted within a required buffer area.
B. 
Specific requirements.
(1) 
Side and rear yard transition. Where a lot in a commercial or industrial zoning district abuts a lot in a residential zoning district, there shall be provided along such abutting lot lines a buffer area of 10 feet. This buffer area shall be screened with either a wall, solid fence or a fence and evergreens installed at a height of at least four feet and maintained to a height of six feet above grade level. Such screening devices shall be placed so they do not project into adjoining properties, except trees above seven feet in height. All screening devices and plantings shall be maintained in a sound and safe condition at all times. Plantings, except trees, shall not exceed 2 1/2 feet in height if placed within 10 feet of the front lot line (see § 240-42 for further requirements).
A. 
Permit. No screening device/fence, except natural vegetation, shall be installed prior to the issuance of a building permit by the Code Enforcement Officer.
B. 
Height and location.
(1) 
Front yard. Screening devices permitted within required front yards may not exceed four feet in height and shall be of an open design, such as chain link, ornamental iron, rail and picket, with a uniform ratio of space to fence material of at least one to one. Opaque fences, such as basket-weave or stockade, are prohibited within the required front yard. On corner lots, that portion of a lot contiguous to a public right-of-way shall be considered as front yard area for the purpose of applying the regulations herein.
(2) 
Side and rear yards. No fence or wall shall exceed six feet in height within required side and/or rear yards.
(3) 
Within commercial or industrial districts only, screening devices may be up to eight feet in height in side and rear yards.
C. 
Electrified and barbed wire security screening devices/fences.
[Amended 8-8-2017 by L.L. No. 5-2017]
(1) 
Security screening devices/fences:
(a) 
Electrified and barbed wire screening devices/fences shall be permitted only upon meeting all requirements set forth in this § 240-42C and the issuance of a special permit in accordance and provisions contained herein and in Article V, § 240-25 of the Town of Geddes Town Code.
(2) 
Electrified security screening device/fence:
(a) 
An electrified security screening device/fence (ESF) is a fence through which an electric current is capable of being passed, giving an electric shock to any person or animal touching it.
(b) 
All ESF shall require a building permit and an approval of a special permit application by the Zoning Board of Appeals (ZBA) approval.
(c) 
No ESF shall be erected, installed, used, or maintained or caused to be erected, installed, used, or maintained in residential zoned areas.
(d) 
The construction and use of ESF and nonelectrified perimeter security screening device/fence (NEPF) shall be permitted in the Town of Geddes only if the following provisions have been met and approved by the ZBA:
[1] 
General:
[a] 
An ESF should be installed so that, under normal conditions of operation, persons are protected from inadvertent contact with ESF.
[b] 
This requirement is primarily intended to establish that an ESF is maintained within a NEPF.
[c] 
When selecting the type of NEPF, the likely presence of young children should be a factor in considering the size of the openings.
[2] 
International Electronic Commission Standard No. 60335-2-76: Particular Requirements for ESF Energizers are as follows:
[a] 
Unless otherwise specified herein, ESF shall be constructed and/or installed in conformance with the specifications set forth in the IEC Standard No. 60335-2-76 (IEC).
[3] 
Electrification:
[a] 
The energizer for ESF must be driven by a commercial storage battery not to exceed 12 volts DC (direct current).
[i] 
Primary charging system:
[A] 
Twelve-volt DC solar charging system.
[b] 
The charge produced by the fence upon contact shall not exceed energizer characteristics set forth in the IEC.
[c] 
AC (alternating current) shall not be used to energize any electrical fence.
[4] 
Permitted zones of use:
[a] 
ESF shall only be permitted in industrial zoned areas within the Town of Geddes.
[5] 
Electrified security fence conditions of use:
[a] 
An ESF shall not be permitted without a NEPF.
[b] 
As stated above, the construction and installation of an ESF shall meet the specifications of the IEC.
[i] 
Additionally, the ESF shall be at least 10 feet high or two feet higher than the NEPF, whichever is higher.
[c] 
Warning signs:
[i] 
Warning signs shall be affixed directly to both sides of the ESF, approximately four feet from the ground.
[ii] 
Warning signs shall be a minimum of 5 1/2 inches by nine inches and include the words "CAUTION" in bolded all capital letters and "Electrical Fence" in bolded black letters.
[iii] 
Warning signs shall be affixed to ESF either in compliance with the IEC or every 30 feet, whichever is less.
[d] 
Special permit.
[i] 
This ESF shall require a special permit issued by the ZBA prior to installation.
[e] 
Gate:
[i] 
Proper gating to allow the passage through the NEPF and the ESF that will provide security and safety in accordance with IEC.
[ii] 
Every gate shall have a warning sign affixed to both sides, approximately four feet from the ground.
[iii] 
Warning signs shall be a minimum of 5 1/2 inches by nine inches and include the words "CAUTION" in bolded all capital letters and "Electrical Fence" in bolded black letters.
[f] 
Emergency access:
[i] 
An emergency Knox Box or any other similarly approved device [e.g., Rapid Emergency Access Control Transmitter (REACT) System] must be installed at every gate providing access to a property secured by an ESF to allow fire department, police department, and/or any other emergency responder access.
[ii] 
In the event that emergency access by emergency responders (e.g., Police Department, Fire Department, etc.) to a property where a permitted ESF has been installed and is operating is required due to an emergency or urgent circumstances, and the Knox Box or other similarly approved device is absent or nonfunctional, and an owner, manager, employee, custodian or any other person with control over the property is not present to disable the ESF, emergency responding personnel shall be authorized to disable the ESF in order to gain access to the property. As a condition of special use permit issuance, all applicants issued special use permits to install or use an ESF as provided herein agree to waive any and all claims for damages to the ESF against emergency responding units and/or personnel under such circumstances.
[g] 
Inspection:
[i] 
ESF and all components of the ESF shall be inspected annually.
[ii] 
The property owner shall cover all costs of inspection.
[iii] 
The inspection shall be conducted by a certified electrical inspector or an inspector of ESFs.
[iv] 
There shall be an inspection service tag on display, affixed to the ESF control panel and all gates.
[A] 
This inspection service tag will show;
{1}
Inspector name, number and company name;
{2}
Date;
{3}
ESF's compliance or noncompliance with regulations pursuant to either IEC or regulations of ESFs approved by the ZBA; and
{4}
If ESF is not in compliance, list what is not in compliance.
[v] 
If ESF does not pass inspection, then the ESF will be de-energized and the inspector shall notify the ZBA and the fence owner of the de-energization and at the time of the de-energization.
[A] 
The ESF shall not be re-energized without the ZBA approval.
{1}
Approval by ZBA requires proof of compliance of ESF regulations.
[6] 
Nonelectrified perimeter screening device/fence:
[a] 
A nonelectrified perimeter screening device/fence is a barrier or upright structure, enclosing an area within which there is an approved ESF to mark a boundary, control access, protect the general public and prevent trespassing.
[b] 
General provisions:
[i] 
No ESF shall be permitted unless it is completely enclosed by a NEPF.
[ii] 
NEPF shall be not less than eight feet tall, but will in all events be two feet lower in height than the ESF.
[iii] 
NEPF shall not be closer than two feet to the ESF.
[iv] 
The NEPF shall have openings no larger than a two-inch space or gap either with other sections, the ground, structural posts, buildings or structures.
[A] 
If chain link fence is used for NEPF, no chain link fence size shall be greater than 2 1/4 inches by 2 1/4 inches.
[c] 
Warning signs:
[i] 
Warning signs shall be affixed on the outside surface of the NEPF, approximately four feet from the ground.
[ii] 
Warning signs shall be a minimum of seven inches by 10 inches and include the words "DANGER" in bolded all capital red letters and "Electrical Fence" in bolded black letters.
[iii] 
These warning signs shall be affixed either in compliance with the IEC or every 50 feet, whichever is less.
[d] 
Special permit:
[i] 
The request or proposal to use a NEPF is a mandatory component of the special permit application to the ZBA for an ESF.
[e] 
Gate:
[i] 
Proper gating to allow the passage through the NEPF and the ESF that will provide security and safety in accordance with IEC.
[ii] 
Every gate shall have a warning sign affixed to both sides, approximately four feet from the ground.
[iii] 
Warning signs shall be a minimum of 5 1/2 inches by nine inches and include the words "CAUTION" in bolded all capital letters and "Electrical Fence" in bolded black letters.
[f] 
Emergency access:
[i] 
An emergency Knox Box or any other similarly approved device [e.g., Rapid Emergency Access Control Transmitter (REACT) System] must be installed at every gate providing access to a property secured by an ESF to allow fire department, police department, and/or any other emergency responder access.
[ii] 
In the event that emergency access by emergency responders (e.g., Police Department, Fire Department, etc.) to a property where a permitted ESF has been installed and is operating is required due to an emergency or urgent circumstances, and the Knox Box or other similarly approved device is absent or nonfunctional, and an owner, manager, employee, custodian or any other person with control over the property is not present to disable the ESF, emergency responding personnel shall be authorized to disable the ESF in order to gain access to the property. As a condition of special use permit issuance, all applicants issued special use permits to install or use an ESF as provided herein agree to waive any and all claims for damages to the ESF against emergency responding units and/or personnel under such circumstances.
[g] 
Inspection:
[i] 
NEPF and all components of the NEPF shall be inspected annually.
[ii] 
The property owner shall cover all costs of inspection.
[iii] 
The inspection shall be conducted by a certified electrical inspector or an inspector of ESFs.
[iv] 
There shall be an inspection service tag on display, affixed to the NEPF at all gates.
[A] 
This inspection service tag will show;
{1}
Inspector name, number and company name;
{2}
Date;
{3}
NEPF compliance or noncompliance with regulations pursuant to either IEC or regulations of ESFs approved by ZBA; and
{4}
If NEPF is not in compliance, list of what is not in compliance.
[v] 
If NEPF does not pass inspection then the ESF will be de-energized and the inspector shall notify the town and the fence owner of the de-energization and at the time of the de-energization;
[A] 
The ESF shall not be re-energized without the ZBA approval.
{1}
Approval by ZBA requires proof of compliance of ESF regulations.
(3) 
Barbed wire security fence.
(a) 
A barbed wire security fence (BWSF) is a fence with a minimum eight-foot-high chain link fencing surmounted by barbed wire arms or other application approved by the ZBA with a wire or strands of wires having small pieces of sharply pointed wire twisted around it at short intervals either coiled or in rows affixed to the barbed wire arms.
(b) 
The top of the BWSF shall not be less than 10 feet above the highest adjoining grade on either side of such fence.
(c) 
No BWSF shall have a strand of barbed wire less than eight feet above the highest adjoining grade on either side of such fence.
(d) 
All BWSF shall require a special use permit issued by the ZBA.
(e) 
No BWSF shall be erected, installed, used, or maintained or caused to be erected, installed, used, or maintained in residential zoned areas.
(f) 
The construction and use of BWSF shall be permitted in the Town of Geddes only if the following provisions have been met and approved by the ZBA;
[1] 
General:
[a] 
A BWSF should be installed so that, under normal conditions of operation, persons are protected from inadvertent contact with the barbs of a BWSF.
[2] 
Permitted zones:
[a] 
Industrial zoned land within the Town of Geddes may permit a BWSF to be erected, installed, used and maintained, subject to the approval by the ZBA.
[3] 
Inspection:
[a] 
BWSF and all components of the BWSF shall be inspected annually.
[b] 
The property owner shall cover all costs of inspection.
[c] 
The inspection shall be conducted by a certified BWSF inspector or an inspector of security fences.
[d] 
There shall be an inspection service tag on display, affixed to the BWSF at all gates.
[i] 
This inspection service tag will show;
[A] 
Inspector name, number and company name;
[B] 
Date;
[C] 
BWSF compliance or noncompliance with regulations pursuant to either security fence inspector or regulations approved by ZBA; and
[D] 
If BWSF is not in compliance, inspector will list what is not in compliance.
[e] 
If BWSF does not pass inspection then the Town of Geddes and owner of the BWSF shall be put on notice of noncompliance.
(g) 
Where barbed wire is erected, installed, used or maintained in accordance with this subsection, it shall not extend over or into any abutting property or public right-of-way and shall, in all cases, either extend in toward the owner's side of such fence or directly vertical, subject to approval by the Town of Geddes.
(4) 
Additional provisions.
(a) 
Hold-harmless agreement:
[1] 
Prior to approval of the installation of an ESF, NEPF or BWSF, the property owner shall be required to provide the Town of Geddes with a hold-harmless agreement. This agreement shall pass with the land for as long as the ESF, NEPF or BWSF exists on the property.
(b) 
Indemnity agreement:
[1] 
Prior to approval of the installation of an ESF, NEPF or BWSF, the property owner shall be required to provide the Town of Geddes with an indemnity agreement. This agreement shall pass with the land for as long as the ESF, NEPF or BWSF exists on the property.
(c) 
Insurance:
[1] 
Prior to the approval of any request to install an ESF, NEPF or BWSF within the Town of Geddes, and at all times that the special use permit is in force and effect, the owner of the ESF or BWSF and the property owner(s), if different, shall provide to the Town of Geddes a certificate of commercial general liability insurance covering third party liability risks in a minimum amount of $1,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage insurance with the Town, and its elected and appointed officers, officials, and employees, named as additional insureds on the policy or policies. Failure to maintain coverage as required by this subsection shall be the basis for the revocation of the special use permit.
(d) 
Violations:
[1] 
If the Town is notified of a ESF, NEPF, or BWSF (fence) not in compliance of regulations after inspection then:
[a] 
The owner will have 45 calendar days to comply with regulations.
[b] 
If, after the forty-five-calendar-day period, the fence does not comply with the regulations, the owner shall be fined $100 per calendar day of noncompliance until either the owner has proof of compliance and has paid the fine or 180 calendar days has passed since initial notice to ZBA of noncompliance, at which point the fine will increase to $200 per calendar day to either produce proof to Town of compliance or proof that the entire fence has been completely deconstructed and dismantled at an additional expense to the property owner.
[c] 
After one calendar year passes since the initial date of noncompliance the Town shall have the option to take down the noncompliant fence at the owner's expense.
(e) 
It shall be unlawful for any person to install, maintain or operate an ESF and/or BWSF in violation of this section.
D. 
Placement and maintenance.
(1) 
Screening devices shall be placed and maintained so that they do not project into adjoining properties and so they do not infringe upon any public right-of-way.
(2) 
All screening devices and plantings shall be maintained in a sound, safe and orderly condition at all times.
(3) 
All portions of a lot enclosed by a screening device shall be made accessible for fire-fighting purposes.
(4) 
The finished side of a fence shall face the adjoining landowner. The support side of the fence shall face the owner or installer of the fence.
[Added 5-14-1991 by L.L. No. 4-1991]
E. 
Nonconforming screening devices. Where a lawful screening device exists at the effective date of adoption or amendment of this chapter that could not be constructed under the terms contained herein because of its height, visibility characteristics, location or any other requirement concerning said screening device, such screening device may be maintained so long as it remains otherwise lawful, subject to the following provisions:
(1) 
No such screening device may be enlarged or altered in a way which increases its nonconformity, but any such screening device or portion thereof may be altered to decrease its nonconformity.
(2) 
Where a screening device is damaged due to any cause, including deterioration due to the elements, or is declared unsafe, and the cost of restoration or correction exceeds 50% of the replacement cost of the entire screening device, then the screening device shall not be corrected and restored except in compliance with the provisions of this section.
(3) 
Should such a screening device or portion thereof be relocated within a lot, that portion which is relocated shall be subject to the provisions of this section.
No illumination shall cause direct light rays to cross any property line. All outdoor floodlight sources such as are used for, but not limited to, athletic fields, courts, swimming pools, parking lots, security and building floodlighting shall be steady, stationary, shielded sources directed so as to avoid causing a hazard to motorists and pedestrians or causing direct light rays to fall on neighboring properties. The marginal increase in light, as measured at any property line other than a street line, shall not exceed one footcandle in intensity.
A. 
Intent. The purpose of these regulations is to establish standards and criteria to avoid adverse aesthetic and safety impacts of satellite receiving antennas in order to preserve and protect the visual qualities and general welfare of the Town of Geddes.
B. 
A satellite receiving antenna shall be considered an accessory structure and subject to the issuance of a building permit before installation or construction on a lot.
C. 
No building permit for a satellite receiving antenna shall be issued without the written permission of the Code Enforcement Officer.
D. 
A satellite receiving antenna shall meet the following minimum restrictions before being approved by the Code Enforcement Officer:
(1) 
No freestanding satellite receiving antenna shall exceed 10 feet in diameter.
(2) 
No satellite receiving antenna attached to a roof shall exceed four feet in diameter, and it shall not rise above the highest point of the roof of the structure.
(3) 
A freestanding satellite receiving antenna shall be located in the rear yard only and shall be screened from view from any public right-of-way. The bottom of a freestanding receiving antenna dish shall not be more than three feet above grade level measured vertically.
(4) 
Only one satellite receiving antenna shall be located on a lot.
(5) 
No portion of a satellite receiving antenna shall be closer to a lot line than five feet.
(6) 
For nonresidential uses, no freestanding satellite receiving antenna shall be located in any required parking, loading or buffer area.
E. 
The application for a building permit for a satellite receiving antenna shall include a dimensioned site plan depicting structures on the property, the location of the antenna and the location of any required screening or fencing. In addition, construction drawings showing the proposed method of installation shall be included.
[Added 6-11-2002 by L.L. No. 3-2002]
No commercial mobile service facility shall hereafter be located, constructed, erected, changed, altered, used or added to except in conformity with the following provisions.
A. 
Findings.
(1) 
While the federal government has regulated the commercial mobile service industry, it has reserved to local governments the power to regulate such uses with regard to placement, construction, and other related issues.
(2) 
Local governments may not exclude such uses or unreasonably discriminate among providers of functionally equivalent services.
(3) 
According to federal law, local governments may not regulate such uses on the basis of radio frequency radiation (rfr).
(4) 
The technology underlying commercial mobile service requires that transmitting facilities be located in proximity to one another, as low-frequency signals are passed from one service cell to another, in relay fashion.
(5) 
The Town has an interest in minimizing the number of towers that are located within its borders.
(6) 
The installation of tower structures can have an aesthetically detrimental impact upon surrounding properties, especially in residential areas.
(7) 
In many cases, antennas mounted on existing structures can provide the same level of commercial mobile service with minimal or no aesthetic impacts upon neighboring uses.
(8) 
Where the construction of new towers is necessary in order to provide commercial mobile services, often it is possible to house more than one such provider on a given structure, thus reducing the proliferation of new tower construction.
B. 
Purpose. The Town acknowledges the need, demand and national policy supporting the availability of commercial mobile services to the public. At the same time, the Town recognizes the valid concerns and interests its residents have in the aesthetic enjoyment of their homes and properties. The purpose of these provisions relating to commercial mobile services is to provide for the health, safety and welfare of the residents of the Town, to encourage the location of commercial mobile service towers, to the extent they are needed, in nonresidential areas of the Town, to encourage the shared use of existing and new towers as a means of reducing the overall need for towers in the Town, to minimize the adverse impacts of commercial mobile service facilities located in the Town, and to balance the sometimes competing needs of such uses and their neighbors while at the same time accommodating the public interest in and demand for such services. This section is intended to comply with the Federal Telecommunications Act of 1996.
C. 
Approvals required for commercial mobile service facilities.
(1) 
Antennas and accessory equipment related thereto, other than towers, are permitted in all use districts in the Town, provided they are placed on existing structures, 30 feet or more in height, other than one-family and two-family dwellings, subject to the following:
(a) 
Located in nonresidential zoning districts and 20 feet in antenna height, or less--site plan approval.
(b) 
Located in nonresidential districts and in excess of 20 feet in antenna height--special use permit.
(c) 
Located in residential districts--special use permit.
(2) 
Towers and accessory equipment related thereto are permitted in commercial and industrial districts, subject to the following:
(a) 
Towers, 180 feet in height or less--site plan approval.
(b) 
Towers, over 180 feet in height in height, but not greater than 250 feet in height--special use permit.
(3) 
Commercial mobile service antennas or towers, other than those specifically allowed under this Subsection C, are not permitted.
D. 
General guidelines and requirements.
(1) 
Principal or accessory use. Antennas and towers may be considered either principal or accessory uses. A different existing use or an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. For purposes of determining whether the installation of a tower or antenna complies with district development regulations, including but not limited to setback requirements, lot coverage requirements, and other such lot and building requirements, the dimensions of the entire lot shall control, even though such antenna or tower may be located on leased parcels within such lots.
(2) 
Expansion of preexisting nonconforming uses. Towers that are constructed and antennas that are installed in accordance with these provisions shall not be deemed to constitute the expansion of a nonconforming use or structure.
(3) 
Compliance with other laws.
(a) 
All commercial mobile service facilities must meet or exceed all applicable federal, state and local laws, rules and regulations, including, but not limited to, any rules, standards or regulations of the FCC and the FAA. If such standards, rules, laws or regulations are changed or amended, at any time in the future, then the owners of such facilities shall bring those facilities into compliance with such revised regulations within six months of the effective date of such changes or amendments, unless a more restrictive compliance schedule is mandated by the controlling agency, in which case the more restrictive compliance schedule will apply.
(b) 
The operator of any commercial mobile service facility sited within the Town of Geddes shall submit certification on an annual basis, signed by a New York State licensed professional engineer, verifying that such facility is in compliance with all applicable federal, state and local radio frequency radiation (rfr) emission standards. Such annual certification shall be delivered to the Town Code Enforcement Officer during the month of December of each calendar year. This requirement shall be considered an implied condition to any site plan, special permit and/or use variance granted for such facilities.
(4) 
Compliance with building codes. The owner of any commercial mobile service facility shall locate, construct, erect, use and maintain such facility in accordance with all applicable building codes.
(5) 
Height restrictions. The building height restrictions otherwise applicable in the zoning use district in which a commercial mobile service facility is located shall not apply to facilities approved in accordance with these regulations. When measuring structure height in connection with antennas on existing structures, height shall be measured from the mean elevation, at finished grade, to the highest point of the existing structure. When measuring antenna height in connection with antennas mounted on existing structures, such height shall be measured from the point of such existing structure at which the antenna is mounted to the highest point of the antenna.
(6) 
Maximum tower height. In no event shall any tower exceed a height of 250 feet. Tower height shall be measured from the average elevation at grade level to the highest point of the tower structure, including all antennas and accessory equipment attached thereto.
(7) 
Tower inspections. Towers shall be inspected annually on behalf of the tower owner by a licensed professional engineer for structural integrity and continued compliance with these regulations. A copy of such inspection report, including findings and conclusions, shall be submitted to the Town Code Enforcement Officer no later than December 31 of each calendar year.
(8) 
Tower design preference. Whenever feasible, tower construction shall be of a monopole design.
(9) 
Maintenance and repair; hours. All commercial mobile service facilities shall be maintained in good order and repair. Routine maintenance and repair shall be conducted between the hours of 7:00 a.m. and 7:00 p.m., Monday through Friday, except for emergency repairs which may be undertaken at any time with prior notice to the Town Code Enforcement Officer.
(10) 
Existing structures. By way of illustration, existing structures, as referred to in these regulations governing the siting of commercial mobile service facilities, shall include but not be limited to signs, church spires, belfries, cupolas, domes, monuments, water towers, preexisting tower structures, windmills, chimneys, smokestacks, buildings, utility towers, clock towers, silos, barns or other agricultural buildings, steeples, radio or television towers and commercial parking lot light poles.
(11) 
Restriction, multiple towers. No more than one tower may be permitted on any parcel of land.
(12) 
Tower separation. A minimum radius of 2,000 feet must be maintained between any proposed tower and any existing tower, whether located in the Town of Geddes or in any adjacent municipality.
E. 
Aesthetics and design standards.
(1) 
Fencing. The base of any tower and anchors on guyed towers shall be surrounded by an opaque security fence, eight feet in height. Such fence shall enclose the base of the tower as well as any and all accessory equipment and structures used in connection therewith.
(2) 
Landscaping. All commercial mobile service facilities located, installed or constructed at ground level, including towers, tower anchors, accessory structures to towers or antennas or fencing surrounding such uses, shall be visually screened from adjoining residential properties and public rights-of-way by one row of native evergreen shrubs or trees capable of forming a continuous hedge of at least 10 feet in height within two years of planting. Additional vegetative screening maybe required, as needed, in order to minimize adverse visual impacts on neighboring properties. Existing on-site vegetation shall be preserved to the maximum extent possible, and no cutting of trees exceeding four inches in diameter (measured at a height of four feet off the ground) shall take place prior to the appropriate site plan or special permit review and approval. Such landscaping shall be preserved, maintained and replaced, as needed.
(3) 
Signs. Signs shall not be permitted on commercial mobile service towers, antennas or related accessory facilities except for signs displaying owner contact information and safety instructions. Such signs shall not exceed five square feet in surface area unless otherwise prescribed by the FCC or the FAA.
(4) 
Lighting. Commercial mobile service facilities shall not be artificially lighted, unless so required by the FAA. If lighting is so required, the lighting alternatives and design used shall be as mandated by the FAA.
(5) 
Utility connections. All utility connections to commercial mobile service facilities shall be installed beneath the ground surface.
(6) 
Color.
(a) 
Towers. Towers shall either be maintained with a galvanized finish, painted grey or, subject to any FAA restrictions, be painted a neutral color, so as to reduce visual obtrusiveness.
(b) 
Antennas. Antennas and accessory equipment installed on existing structures shall be painted a color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.
(c) 
Accessory structures located at ground level. Accessory equipment and structures (other than towers) located at ground level shall be painted neutral colors that will blend with their natural surroundings to the maximum extent possible.
(7) 
Tower access and parking. A road and parking for one vehicle shall be provided in order to assure adequate emergency and service access. Maximum use of existing roads and drives shall be made, and at all times ground and vegetation disturbance shall be minimized.
(8) 
Antennas affixed to the face of existing structures. Antennas affixed to the face of existing structures may not protrude in excess of five feet horizontally between the antenna and the existing structure face.
(9) 
Tower collocation. Commercial mobile service towers shall be designed to provide for collocation (use) by at least three providers, or designed so that they can be retrofitted to accommodate at least three providers, unless such collocation is not feasible as demonstrated by competent engineering or technical proof.
(10) 
Accessory equipment located on building roofs. Any accessory equipment located on building roofs shall be located so as not to be seen or to minimize visibility from ground level.
(11) 
System connections. Where technologically feasible, connections between commercial mobile service facilities and the system of which they are a part shall be made by use of land line cable rather than by parabolic or dish antennas. When such antenna links are technologically necessary, they shall be located, painted and otherwise situated so as to minimize visual impacts. In no case shall the diameter of such an antenna exceed six feet.
(12) 
Tower setbacks. Towers shall not be located closer than 200 feet to the nearest residential property line or a distance equal to the height of such tower, whichever is greater. In all other cases, towers shall be set back from adjoining properties a distance equal to at least the height of such tower.
(13) 
Visibility. All commercial mobile service facilities shall be sited, located and designed so as to have the least possible practical visual impact on the environment and surroundings.
F. 
Factors and considerations in granting special use permits for commercial mobile service facilities. The following factors and considerations shall be considered by the Zoning Board of Appeals in reviewing applications for special use permits related to commercial mobile service facilities in addition to the standards and findings required in Article V.
(1) 
The applicant must demonstrate that location of the commercial mobile service facility, as proposed, is necessary to meet the frequency reuse and spacing needs of the applicant's system and to provide adequate service and coverage to the intended area.
(2) 
The applicant must demonstrate that all reasonable measures have been taken to minimize the visual impacts of the proposed facilities.
(3) 
Additional standards and factors to be considered in reviewing special use permits relating to towers:
(a) 
Height of the proposed tower.
(b) 
Proximity of the proposed tower to residential structures and residential district boundaries.
(c) 
Nature of uses on adjacent and nearby properties.
(d) 
Surrounding topography.
(e) 
Surrounding existing tree coverage and foliage.
(f) 
Design of the proposed tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness.
(g) 
Proposed ingress and egress to site.
(h) 
Alternatives analysis. The applicant must demonstrate that there are no available existing structures, towers or alternative technologies that would eliminate or reduce the need for construction of a new tower and that would accommodate the applicant's coverage and service needs. Evidence submitted to demonstrate that no such alternative is reasonably available may consist of the following:
[1] 
No existing towers or structures are located within the geographic area (search ring) which meet the applicant's engineering requirements.
[2] 
Existing towers or structures are not of sufficient height to meet the applicant's engineering requirements.
[3] 
Existing towers or structures do not have sufficient structural strength or space to support applicant's proposed needs.
[4] 
The applicant's proposed antenna would cause electromagnetic interference with the existing or planned antennas on the existing towers or structures or that such existing or planned antennas would cause such interference with the applicant's antenna.
[5] 
The existing tower or structure owner is unwilling to provide access or the fees, costs or contractual provisions required by the owner of the existing tower or structure in order for the applicant to collocate on such tower or structure are unreasonable. Costs exceeding new tower construction are presumed to be unreasonable.
[6] 
The applicant demonstrates that there are other limiting factors that render existing towers or structures unsuitable.
[7] 
There is no governmental (federal, state or local) property available to the applicant within the geographic area (search ring) which will meet the applicant's engineering requirements.
G. 
Application materials and supporting documentation.
(1) 
The following information shall be submitted in support of any application (site plan, special permit, variance) for a commercial mobile service facility. This information is required in addition to any other information or documents required under sections of this chapter pertaining to site plan review, special use permits or variances.
(a) 
Full application on forms provided by the Town.
(b) 
Environmental assessment form (EAF), including a visual environmental assessment form (VEAF).
(c) 
Proof of the site owner's consent, if the applicant is not the owner of the site on which the applicant seeks to locate a commercial mobile service facility.
(d) 
A site plan. An applicant seeking approval for siting a commercial mobile service facility shall submit a site plan in conformance with this chapter which, in addition to the items required to be shown thereunder, shall include the following items:
[1] 
The exact location of the proposed facility, including any mounting devices, appendages, support structures and accessory equipment, storage cabinets, or other materials used in connection therewith.
[2] 
The location of any structures on which such proposed facility is to be constructed, erected or established.
[3] 
The maximum height, each, of the proposed facility and any structure on which it is proposed to be affixed.
[4] 
The location, type and intensity of any lighting.
[5] 
Property boundaries, adjacent uses and zoning classifications.
[6] 
Names and addresses of adjacent property owners, as contained in public records.
[7] 
Landscaping and screening plan, including existing vegetation.
[8] 
Location and nature of utility services and connecting land line.
[9] 
Location and nature of access.
[10] 
Details showing compliance with these regulations.
(2) 
Additional submission requirements for towers:
(a) 
Identification and description of any anticlimb device.
(b) 
A report from a licensed professional engineer which describes the tower, including its height and design, demonstrates the tower's compliance with applicable structural standards and describes the tower's capacity, including the number and types of antennas it can accommodate.
(c) 
A legal description (metes and bounds) of the site on which the tower is proposed to be located.
(d) 
The site plan shall also show distances between the proposed tower structure and structures on adjoining properties within 500 feet, together with the names and addresses of all property owners within 500 feet of the boundary of the property on which the tower is proposed, as contained in public records.
(e) 
A rendering, to scale, of the proposed tower, including any proposed attachments, accessory equipment, cabinets or other items used in connection therewith, showing measurements.
(f) 
As-built drawings, within 30 days after completion of tower construction.
(g) 
The make and model of the planned facility.
(h) 
The manufacturer's design data pertaining to installation.
(i) 
The applicant's maintenance and inspection schedule.
(j) 
A safety analysis and certification by a licensed professional engineer that the proposed facility will be in compliance with all applicable FAA and FCC laws and regulations.
(k) 
Inventory of existing sites. Each applicant shall provide an inventory of its existing tower sites within the Town regardless of ownership or within one mile of the border thereof, including specific information regarding the height, location and design of each tower facility. The Town may share this information with other applicants without representing or warranting that such sites are available or suitable.
H. 
Removal of unused towers, demolition bond. An applicant for a special use permit to construct a commercial mobile service tower shall agree to remove such tower and related facilities if it becomes obsolete or ceases to be used for its intended purpose for a period of 12 months. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower. The Board of Appeals shall require the applicant to provide a demolition bond or other security acceptable to the Town, for the purpose of removing such facilities in case the applicant fails to do so as required above.
I. 
Fees.
(1) 
An applicant for site plan approval, variance or special use permit for a commercial mobile service facility shall submit fees, as provided in Chapter 100 and established from time to time by resolution of the Town Board, to reimburse the Town for the costs of reviewing such applications.
(2) 
The Board of Appeals may retain technical consultants as it deems necessary to provide assistance in the review of the site location alternatives analysis. The applicant shall bear all reasonable costs associated with such consultation, which shall be assessed as an additional application fee. These additional costs shall be limited to the consultant's review of the site location alternatives analysis and its report to the Board of Appeals.
J. 
Exemptions. The following are exempt from the provisions of this section:
(1) 
Commercial mobile service facilities located on Town of Geddes property.
(2) 
Private, noncommercial television and radio antennas.
(3) 
Routine repairs and maintenance of commercial mobile services facilities may be undertaken without restriction, provided that such routine repair and maintenance activity is conducted between the hours of 7:00 a.m. and 7:00 p.m., Monday through Friday.
(4) 
Law enforcement, fire control, E911 and medical emergency facilities.
(5) 
Emergency repairs to commercial mobile service facilities at any time, provided that prior notice is given to the Town Code Enforcement Officer.
K. 
Waivers. In approving a site plan or special use permit, the Board of Appeals or the Town Board, as the case may be, may waive any of the provisions of these regulations when it finds that doing so will have no detrimental impact on surrounding properties or on the public health, safety and welfare and that such waiver is in keeping with the purposes herein set forth.
L. 
Power to impose conditions. In granting any site plan approval or special use permit for a commercial service facility, the Board of Appeals or the Town Board, as the case may be, may impose conditions to the extent that such Board concludes that such conditions are necessary to minimize any adverse effect of the proposed facility on neighboring properties.
A. 
An amusement game center may be established only after issuance of a license by the Code Enforcement Officer and only in the following districts: Commercial A, Commercial B, Commercial C and Industrial A Districts.
B. 
Whenever an amusement game center is established in conjunction with other uses, such other uses shall be limited to the following: restaurants, bowling alleys, billiard parlors and bars.
C. 
No amusement game center shall be located closer than 300 feet to the lot lines of any school, hospital, library or religious use.
D. 
No amusement game center shall have more than three electronic or mechanical game devices if associated with another use. If the amusement game center is the principal use in a structure, the maximum number of game devices shall be determined by the Code Enforcement Officer, in consultation with the Town Board, taking into account the size of the building, available parking and surrounding land usage and patterns of vehicular and pedestrian traffic flow both on site and/or off site.
E. 
No such game devices shall be situated within any establishment or premises until such time as a license shall have been issued for such game devices by the Code Enforcement Officer. The Code Enforcement Officer, with the approval of the Town Board, may set license fees, license application format and time periods for the license as deemed proper.
Every dwelling hereafter built or erected shall be on a lot having frontage upon a street.
[Added 12-11-2007 by L.L. No. 6-2007]
A stormwater pollution prevention plan consistent with the requirements of Chapter 183 of the Code of the Town of Geddes shall be required. The SWPPP shall meet the performance and design criteria and standards in Chapter 183 of the Code of the Town of Geddes.