[Amended 12-14-2006 by L.L. No. 2-2006]
A. No person or persons, firm, company, corporation,
partnership, limited liability company or other entity being the owner
or occupant of any premises within the Town of Marilla shall use or
permit the use of such premises for the parking, storage or use of
location of a manufactured home without a permit being obtained as
hereinafter provided.
B. No person or persons, firm, company, corporation,
partnership, limited liability company or other entity being the owner
or operator of a manufactured home shall park, store or otherwise
locate said manufactured home upon any premises within the Town of
Marilla without first obtaining a permit therefor as hereinafter provided.
However, no permits shall be required of the owner or occupant of
a manufactured home when such structure is parked or otherwise located
in a duly approved manufactured home park or when such structure is
stored completely within a garage or other building.
C. The Code Enforcement Officer of the Town of Marilla,
upon written application and upon payment of a fee established by
the Town Board, may issue a permit to park and occupy or to display
for sale a manufactured home subject to the following conditions:
(1) Manufactured homes may be permitted to be parked and
occupied for residential purposes on individual lots in the A Agricultural
and R-R Rural Residential Districts only as an interim dwelling and
subject to the provisions and requirements specified herein. The Code
Enforcement Officer shall have the authority to issue a temporary
permit for a period not to exceed six months for a manufactured home
not located in a manufactured home park when said manufactured home
is to be used as an interim dwelling during repair or construction
of a permanent residence that has been damaged by fire or similar
hardship conditions. Said manufactured home shall be removed on or
before the expiration date of the permit. A single extension of up
to six months may be granted by the Zoning Board of Appeals.
(2) A permit granted as hereinbefore provided shall be
displayed on the door of said manufactured home in such a manner that
it may be read from the exterior thereof.
(3) The owner of a manufactured home park and/or his agent
shall provide a list of residents within the manufactured home park,
including the names and addresses of the residents for the purpose
of coordination of emergency services or official correspondence.
The list shall be updated annually and provided to the Town in conjunction
with the payment of the annual fee required to be paid by the owner
of a manufactured home park to the Town of Marilla.
D. Except as hereinbefore provided under Subsection
C, no manufactured home shall be parked or be permitted to park or otherwise located on any property in the Town of Marilla other than in a duly approved manufactured home park.
E. Manufactured home park fee. The owner of a manufactured home park within the Town
of Marilla prior to establishment of a manufactured home park shall
pay the fee established by the Town of Marilla for such purpose on
the fee schedule of the Town of Marilla. In addition to the initial
fee for establishment, each owner of a manufactured home park shall
pay an annual renewal fee established by the Town of Marilla for such
purpose on the fee schedule of the Town of Marilla.
[Added 10-9-2003 by L.L. No. 2-2003]
A. Private, semipublic and public golf course recreational
facilities may be allowed as special permit uses in the A Agricultural
and R-R Rural Residential Zones/Districts only upon the approval of
a special use permit by the Town Board. In the A Agricultural Zone/District
and R-R Rural Residential Zone/District only, no building, structure
or premises shall be used and no building or structure erected, constructed
or altered which is arranged, intended or designed to be used for
any purposes other than those customary permitted purposes designated
for those zones/districts and for the following uses and purposes:
(1) Principal uses:
(a)
Private, semipublic and public golf course recreation
facilities, not including a miniature golf course, along with accessory
clubhouse, restaurants and catering facilities and accessory buildings,
structures and uses necessary to and used in conjunction with the
golf course recreational facility.
(b)
Other uses associated with those listed in the
preceding subsection, provided the Planning Board makes specific findings
that the use is in full conformity with the purposes and intent of
the zoning district, that all general and special requirements of
the district are satisfied, and that the use has no greater impact
upon open space, traffic and drainage.
(2) Special use permit for private, semipublic and public golf course recreation facility. Any application for a building or use permit shall be submitted to the Planning Board for review and recommendation. Said application shall thereafter be submitted to the Town Board for approval or disapproval. Applications shall be submitted in accordance with the applicable provisions of Article
III; Article
IV; Article
VI, §§
700-25 through
700-28; Article
VIII, §§
700-33 and
700-34; and Article
X, §§
700-46 and
700-52, of this chapter, provided there is a finding that all general and special conditions are met.
(a)
The Planning Board shall require that as part
of the special use permit application and review process for a golf
course recreational facility, the site development plan approval application
process (Checklist for Application for Site Development Plan Approval of the Zoning Law) shall be followed. An application for
a golf course recreational facility special use permit shall require
and include at a minimum:
[1]
A proposed site plan showing the location of
all structures, the location of all ingress and egress points, the
location of parking areas, the layout of the golf course and any other
information required by the site development plan approval application
and the Planning Board.
[2]
A traffic impact study (TIS) to be conducted
which demonstrates to the satisfaction of the Planning Board that
the proposed use shall not adversely impact upon traffic in the surrounding
area to a greater degree than any other principal use permitted in
the zone.
[3]
A drainage and stormwater assessment and improvement study in accordance with the requirements of the Zoning Laws of the Town of Marilla [Chapter
644, §
644-24, Drainage improvements; Chapter
700, Article
III, §§
700-11A(14) through
A(17) and
A(27)], the New York State and Erie County Health Departments and the New York State Department of Environmental Conservation (NYSDEC). In addition, the golf course development proposal shall satisfy the NYSDEC and United States EPA standards and requirements for stormwater discharges in accordance with federal regulation, pursuant to Section 402 of the Clean Water Act.
[4]
Assessment of environmental resources to include
aquifers, wetlands, floodplains, steeply sloped areas and other designated
critical environmental concerns and unique natural features.
(b)
Compliance with SEQRA. In accordance with New
York State statutes and the provision of Town Law relative to site
plan review [§ 274-a(10)] the Planning Board review and
the Town Board review and action shall be progressed in full compliance
with the provisions of the State Environmental Quality Review Act
under Article 8 of the Environmental Conservation Law and its implementing
regulations.
(3) Permitted accessory uses (when located on the same
lot/parcel with the principal uses to which they are accessory):
(a)
Off-street parking in accordance with the Table
of Required Off-Street Parking Spaces and other parking requirements as specified by this section.
(b)
Cabanas, lockers, snack bars, and/or pro shops.
(c)
Maintenance sheds and/or garages.
(d)
Signs as provided in Article
IX, §
700-43, of this chapter.
(e)
Not more than one residence for caretakers and
staff of a recreational facility, consisting of no more than 10 sleeping
rooms or three dwelling units.
(f)
Cross-country skiing, sledding, ice skating
and similar winter sports; however, winter sports using mechanized
or motorized equipment are prohibited; provided, however, state-approved
snowmobile trails shall be permitted with Town Board approval, with
the Town Board reserving the right to rescind such approval in its
sole discretion.
(g)
Child-care facility limited to children of members
or guests of the recreational facility, and used only while the members
or guests are using the recreational facility.
(4) Special requirements.
(a)
The Planning Board shall review the design of
all site plans of properties located in this district.
[1]
The golf course shall not adversely affect the
character of the district, nor the preservation of property values,
nor the health and safety of residents on adjacent properties and
in the general neighborhood.
[2]
The golf course shall be so located and laid
out that ingress and egress from it shall not constitute a vehicular
or pedestrian traffic problem to adjacent properties and to the general
neighborhood.
[3]
Adequate and improved off-street parking, as shown on the approved site plan, shall be provided and maintained at all times as specifically defined by this section, and as specified by Article
IX, §
700-28, and in accordance with the Table of Required Off-Street Parking Spaces of the Zoning Laws of the Town of Marilla.
[4]
The golf course shall not conflict with the
direction of building development, goals and policies of the Town
of Marilla Master Plan or portion thereof which has been adopted.
[5]
The development of a golf course plan shall
preserve and/or control to the maximum extent possible drainage and
stormwater runoff, wetlands, wetland control areas, aquifers, floodplain
and flood hazard areas, steeply sloped areas, major tree belts and
other designated critical environmental areas and unique natural features.
[6]
To insure that no construction takes place on
areas which have slopes greater than 25% prior to any disturbance
of the natural contours of the property or on wetland control areas,
a slope shall be computed by taking a percentage in which the vertical
distance is the numerator and the horizontal distance is the denominator,
calculated by measuring the vertical rise using two-foot contours
in a thirty-foot horizontal length.
[7]
To minimize cut and fill, roads should follow
natural topography wherever possible.
(b)
All applications to the Town of Marilla for construction and operation of golf courses and associated activities shall be prepared by an engineer licensed in New York State, and they must be approved by the Town Engineer prior to issuance of special use and building permits. A plan as specified herein must be submitted to the Town at the time of application for permits for review by the Town Engineer. Application shall be made on prescribed forms and with accompanying information per §
700-60A(2) above and must be accompanied by a review fee as established by the Town of Marilla's adopted fee schedule. Any plans lacking the minimum content and/or not accompanied
by an application and review fee will not be accepted and not be forwarded
to the Town Engineer for review.
(c)
No special use or building permit shalt be granted
or continued which is not in conformance with the application; therefore,
any modifications to the original application and all supporting documents
shall be properly amended and resubmitted to the Planning Board for
its consideration, for further review by the Town Engineer and to
the Town Board for its approval. Modifications to the construction
plans during construction shall be reviewed and approved by the Town
Engineer before modifications are to take place. Construction progress
shall be monitored by the Town of Marilla Code Enforcement Officer
and the Town Engineer for conformance with the application plans.
B. Development standards.
(1) Lot requirements.
(a)
Minimum lot size for construction and operation
of golf courses and associated activities shall be 50 acres.
(b)
To the extent possible, permanent natural space
areas, including areas of wetlands, shall be kept open. For the purposes
of this section, permanent open space shall be an area exclusive of
fairways, tees, greens or other areas of active recreational use which
shall be kept undisturbed and in its natural state, including areas
designated as wetlands.
(c)
Perimeter buffer area around the entire perimeter
of the property, in which no green, fairway, tee or structure may
be placed, shall be maintained. The Planning Board shall approve appropriate
screening within the buffer area so as to minimize visual, sound and
other impacts on adjacent property. Where this recreational land use
may abut a residential district, the minimum building setback shall
be:
(2) Coverage: No principal buildings on combination of
principal and accessory buildings on the site shall have a coverage
which exceeds 5% of the total area of the lot/development.
(3) Maximum height: In accordance with Article
IV, §
700-14E, of this chapter, the maximum height of any building shall not exceed 50 feet.
(4) Off-street parking:
(a)
Adequate and improved off-street parking, as shown on the site plan, shall be provided and maintained at all times as specifically defined by this section and as specified by Article
IX, §
700-41, consistent with the Table of Required Off-Street Parking Spaces of the Zoning Laws of the Town of Marilla and consistent
with the standard recommendations of the Institute of Transportation
Engineers (ITE), the American Planning Association (APA) and/or other
professional affiliations with regards to parking requirements for
golf course operations and associated activities. At a minimum, the
following number of off-street parking spaces shall be provided for
a public or private golf course facility: a minimum of 5.5 parking
spaces for each golf course hole; plus one parking space for each
employee on the maximum shift; plus, one parking space for each four
seats within an accessory restaurant; plus two spaces for each driving
range tee area.
(b)
Parking from any associated golf course facility
shall not be allowed to utilize or spill over onto public roadways
adjacent to the golf course facility during any period of operation.
(5) Storage: All permitted storage shall be entirely within
a building except for parking and loading vehicles.
(6) Lighting: All lighting shall be located and shaded
in a manner so that the light source itself is not visible beyond
the boundaries of the lot on which it is located.
(7) Fencing: Golf course fairways, golf driving ranges,
and principal and accessory structures may be fenced or required to
be fenced, as necessary, in a manner sufficient to meet applicable
standards regulating such uses, as specified by the zoning laws and
subject to the review and approval of the Planning Board, the Town
Engineer and/or the Town Board, if required.
(8) Signage: permitted as provided in Article
IX, §
700-43, of this chapter.
C. Restaurant operations, catering services and meeting
accommodations accessory to the golf course. No special use permit
may be issued under this Section except when the proposed use conforms
with each of the following criteria:
(1) The use is accessory to a golf course that is a regulation,
minimum nine-hole facility, open to the public and occupying a parcel
of not less than 50 acres.
(2) Except for occasional use of a tent or similar portable
shelter operation to serve those attending a golf-related event, all
activities associated with the use, including the conduct of all catered
affairs, are conducted within the clubhouse or on its adjacent terrace
and patio areas.
(3) No lodging accommodations may be provided on the golf
course property in association with any of the components of the special
use permit.
(4) To the extent the authorization of any special use
permit causes the golf course property to be illuminated at times
that would not be associated with golf course operations, such lighting
shall be provided only to the minimum extent necessary to meet public
health and safety requirements and shall be shut down to the minimum
level necessary for security within 30 minutes of the closing of the
public restaurant or the end of a catered banquet, meeting or other
event.
(5) To the extent a public restaurant is included as one
of the components of the special use permit, the following shall apply:
(a)
Year-round daily operations may be authorized
but shall be strictly restricted to the hours of 4:00 a.m. through
12:00 midnight.
(b)
Adequate parking shall be provided for the patrons
and employees of the restaurant and guests of a catered event, with
the Planning Board authorized to take into account, to the extent
it deems practicable, joint use of parking spaces that may not be
required for golf course operations during the hours of operation
of the restaurant, with due consideration given to any simultaneous
catered banquet, meeting or other event.
(c)
Musical entertainment, as authorized for the
public restaurant, including bands, may be provided for guests, however,
strict consideration shall be afforded to the maintenance of ambient
outdoor noise levels at the property boundaries.
(d)
Occupancy standards as established pursuant
to the New York State Uniform Fire Prevention and Building Code, ADA
standards and Health Department requirements regarding food service
and other operations shall be strictly met.
D. Golf course developments incorporating residential
subdivision development.
(1) Golf course development proposals which are planned
to include residential subdivision development(s) at the time of initial
submittal or anticipated to be incorporated into the development at
some future date shall be submitted for review as part of the primary
golf course development proposal submittal package. Proposals of this
nature shall be considered as a contiguous proposal and must not be
segmented into separate elements for review.
(2) A sole golf course development proposal will be reviewed
under the site development plan review process and any additional
provisions detailed in the aforementioned sections of this Zoning
Law.
(3) A golf course development proposal that is proposed to incorporate a residential subdivision development will additionally have that component reviewed in accordance with the provisions for subdivision of land as adopted by the Town of Marilla (Chapter
644, Articles
I through
VI), consistent with New York State Town Law §§ 276 through 279), cited and referred to as the "Town of Marilla Subdivision Law." Subdivisions shall conform to and be in harmony with the Town of Marilla Comprehensive Plan. As a part of this subdivision review, as specified by this Code of the Town of Marilla [Chapter
644, Article
IV, State Environmental Quality Review Act (SEQRA) requirements], all golf course residential subdivision proposals shall be reviewed in accordance with SEQR requirements and provisions. In addition, as specified by the Subdivision Law (Article
V, General Requirements and Design Standards), streets within the subdivision shall be of sufficient width, suitably located and constructed to conform to the Town of Marilla highway specifications (Chapter
623, Road Specifications) and in accordance with the provisions for drainage improvements (Chapter
644, Subdivision of Land, Article
V, §
644-24).
E. Fees. Fees will be assessed for special use permits,
building permits, Planning Board review, engineering site plan review,
necessary engineering/construction inspection, driveway/roadway access
cuts and other services, in accordance with the adopted Town of Marilla
fee schedule.