A.
The purpose of this article is to provide criteria
for specified uses due to the likely impacts to surrounding properties.
These criteria are applied to mitigate impacts including noise, parking,
traffic, unsightliness, odors, dust, vibrations, light and fumes.
The regulations are intended to promote the public health, safety
and compatibility with the immediate neighborhood and the larger community.
B.
The Planning Board shall hold a public hearing on a structure or use listed in this article if required by § 192-122A(2).
A.
Purpose.
(1)
It is recognized that buildings and establishments
operated as adult uses have serious objectionable operational characteristics.
In order to promote the health, safety and general welfare of the
residents of the Town, this section is intended to restrict adult
uses to industrially zoned areas of the Town.
(2)
The Town Board hereby finds that the operational characteristics
of adult uses and the secondary effects of adult uses increase the
detrimental impact on a community when such uses are spread throughout
the community.
(3)
The Town Board finds that, based upon common knowledge and experience and studies conducted by other municipalities (including but not limited to Syracuse, New York; Kansas City, Missouri; Bergen, New York; Scotia, New York; Dryden, New York; and Ellicottville, New York), the adult uses sought to be regulated by § 192-66B and C have been associated with criminal and other socially undesirable behavior, such as disorderly conduct, prostitution, pornography, drug trafficking and substance abuse, which have the resulting effects of depressing property values in the surrounding neighborhood and increasing the burden upon law enforcement personnel and municipal expenditures.
(4)
Therefore, this section is intended to promote the
health, safety and general welfare of the residents of the Town by
regulating the concentration and location of such adult uses.
(5)
This section has neither the purpose nor effect of
imposing a limitation or restriction on the content of any communicative
materials, including sexually oriented materials.
(6)
Neither is it the intent nor effect of this section
to condone or legitimize the distribution of obscene material.
B.
Restrictions.
(1)
No adult use shall be allowed or permitted in any
zoning district of the Town, except an Industrial District. All adult
uses shall comply with the applicable provisions of the Code, including
those relating to structures and uses permitted in an Industrial District.
(2)
In addition, 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 closer than 1,000 feet to:
[1]
A lot on which there is another adult use.
[2]
Any Residential District, Office and Professional
District, Business Transitional District, Special Business Transitional
District, Business District or High Tech District.
[3]
Any property that is used, 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.
[6]
Any hotels or motels.
(c)
Where there is a conflict between the regulations as provided in § 192-66 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.
C.
Observation from public way prohibited. 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 activities from any public way or from any
other lot, including but not limited to any lighting, display, decoration,
poster, photograph, video/DVD, sign, show, doorway, window, screen
or other opening.
An animal day care, kennel or shelter shall
be subject to the following requirements:
A.
An animal day care, kennel or shelter, including outside
runs, shall be completely enclosed, and such runs and buildings shall
be no closer than 100 feet from any residential lot line or residential
district boundary as measured from the nearest lot lines.
B.
Fenced areas are not permitted within 50 feet of any
side or rear property line and/or in a front yard.
[Amended 9-8-2008 by L.L. No. 6-2008]
Animal hospitals or veterinary clinics shall
be subject to the following requirements:
A.
An animal hospital or veterinary clinic, including
outside runs, shall be completely enclosed and no closer than 100
feet from any residential lot line or residential district boundary
as measured from the nearest lot lines.
B.
Fenced areas are not permitted within 50 feet of any
side or rear property line and/or in a front yard.
[Amended 9-8-2008 by L.L. No. 6-2008]
Bed-and-breakfast establishments shall be subject
to the following requirements:
A.
The owner shall live on the premises of the bed-and-breakfast
establishment.
B.
No alteration to either the exterior or the interior
of any principal or accessory structure shall be made which changes
the character or appearance of the residential premises.
C.
One attached or detached sign of not more than two
square feet in area shall be permitted.
D.
The maximum number of overnight guests shall not exceed
two per bedroom. In no case, shall more than a total of eight guests
be permitted in each bed-and-breakfast establishment.
E.
Breakfast only shall be served and only to overnight
guests.
F.
No events, meetings or other activities for people
who are not overnight guests shall be permitted.
[Added 2-13-2023 by L.L. No. 1-2023]
A.
Legislative intent and purpose. It is the purpose of this section
to regulate the creation, opening, commencement and/or operation of
cannabis retail dispensaries and cannabis on-site consumption establishments,
as herein defined, in order to achieve the following:
(1)
To preserve the character and quality of life in the Town of
DeWitt's neighborhoods and commercial areas.
(2)
To control harmful and adverse secondary effects on surrounding
areas, including but not limited to decreased property values, attraction
of transients, parking and traffic problems, increased crime, loss
of business for surrounding businesses, and deterioration of neighborhoods.
(3)
To restrict access by minors.
(4)
To maintain the general welfare and safety for Town of DeWitt
residents, businesses, and visitors.
(5)
To ensure that the adverse effects of these specific uses will
not contribute to the blighting or downgrading of the surrounding
neighborhood.
(6)
To prevent concentration of these specific uses.
B.
CANNABIS RETAIL DISPENSARY
CANNABIS ON-SITE CONSUMPTION ESTABLISHMENT
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A retail facility that sells at retail any cannabis product
authorized under the New York State Cannabis Law, and the sale for
which a license is required.
A business operating under a license issued pursuant to the
New York State Cannabis Law that authorizes the consumption of cannabis
in an area specified in such license.
C.
Special uses.
(1)
Site plan review and approval.
(a)
Site preparation or construction of a cannabis retail dispensary
or on-site consumption establishment shall not commence nor shall
any existing structure be occupied or used as a cannabis retail dispensary
or on-site consumption establishment until final site plan approval
has been granted by the Planning Board and a special use permit has
been granted by the Zoning Board of Appeals.
(b)
All applicants for site plan approval and a special use permit
for a cannabis retail dispensary or a cannabis on-site consumption
establishment shall submit the following to the Town of DeWitt Planning
and Zoning Department:
[1]
A completed application, on a form to be provided
by the Town of DeWitt Planning and Zoning Department, and application
fee.
[2]
A parcel location map.
[3]
A drawing, drawn to scale, indicating the portion
of the parcel to be developed in the regulated use, as well as all
required appurtenances.
[4]
A clear and concise description of the proposed
use.
[5]
All plans and documents required for site plan review and approval pursuant to § 192-122 of the DeWitt Town Code.
[6]
Subject to applicable law, copies of all information
and documentation submitted to the State of New York as part of its
application for a license to operate under the New York State Cannabis
Law.
(2)
Regulations applying to cannabis retail dispensaries.
(a)
Permitted locations within the Town of DeWitt:
[1]
Cannabis retail dispensaries shall be allowed as
a specific permit use in the Business Zoning District and Industrial
Zoning District.
[2]
No cannabis retail dispensaries shall be allowed
or permitted in any zoning district of the Town of DeWitt, except
a business district or industrial district.
[3]
Cannabis retail dispensaries shall comply with
the applicable provisions of the Code, including those relating to
structures and uses permitted in a business district and/or industrial
district.
(b)
No cannabis retail dispensary shall be allowed within 500 feet
of the property line of a parcel within the Town of DeWitt containing
a church, synagogue, other place of worship, library, school, nursery
school, day-care facility, park, playground or substance abuse treatment
site, as measured from the nearest property line of the lot containing
the cannabis retail dispensary.
(c)
No cannabis retail dispensary shall be allowed on the same parcel
as another cannabis establishment.
(d)
No cannabis retail dispensary shall be allowed within 1,500
feet of the property line of another cannabis retail dispensary, cannabis
on-site consumption establishment or other cannabis establishment,
as measured from the nearest property line of the lot containing the
cannabis retail dispensary or cannabis on-site consumption establishment
that is the subject of the application, whether or not such other
establishment is located in the Town of DeWitt.
(e)
No cannabis retail dispensary shall open or conduct any business
prior to 9:00 a.m. nor remain open or conduct any business after 9:00
p.m.
(f)
No cannabis retail dispensary shall operate and no special use
permit for a cannabis retail dispensary issued pursuant to this chapter
shall be valid until the applicant has obtained all licenses and permits
issued by New York State and/or any of its agencies for it to conduct
such business. This shall pertain to any promotions, giveaways and
associated propaganda.
(g)
A special use permit for a cannabis retail dispensary shall
have a term limited to the duration of the applicant's ownership and
use of the premises as a cannabis retail dispensary. A special use
permit may be transferred only with the approval of the Zoning Board
of Appeals in the form of an amendment to the special use permit.
(h)
Any violation of this section shall be grounds for revocation
of a special use permit issued under this chapter.
(i)
A revocation of the cannabis retail dispensary license by New
York State and/or any of its agencies shall be grounds for revocation
of the special use permit.
(3)
Regulations applying to cannabis on-site consumption establishments.
(a)
Permitted locations within the Town of DeWitt:
[1]
Cannabis on-site consumption establishments shall
be allowed as a specific permit use in the Industrial Zoning District.
[2]
No cannabis on-site consumption establishment shall
be allowed or permitted in any other zoning district of the Town of
DeWitt, except an industrial district.
[3]
Cannabis on-site consumption establishments shall
comply with the applicable provisions of the Code, including those
relating to structures and uses permitted in an industrial district.
(b)
No cannabis on-site consumption establishment shall be allowed
within 1,500 feet of the property line of the following:
[1]
A lot on which there is another cannabis on-site
consumption establishment or cannabis retail dispensary.
[2]
Any residential district, office and professional
district, business transitional district, special business transitional
district, business district or high tech district.
[3]
Any property that is used, 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.
[6]
Any hotels or motels.
(c)
No cannabis on-site consumption establishment shall be allowed
on the same parcel as another cannabis establishment.
(d)
No cannabis on-site consumption establishment shall open or
conduct any business prior to 9:00 a.m. nor remain open or conduct
any business after 9:00 p.m.
(e)
No cannabis on-site consumption establishment shall operate
and no special use permit for a cannabis on-site consumption establishment
issued pursuant to this chapter shall be valid until the applicant
has obtained all licenses and permits issued by New York State and/or
any of its agencies for it to conduct such business. This shall pertain
to any promotions, giveaways and associated propaganda.
(f)
A special use permit for a cannabis on-site consumption establishment
shall have a term limited to the duration of the applicant's ownership
and use of the premises as a cannabis on-site consumption establishment.
A special use permit may be transferred only with the approval of
the Zoning Board of Appeals in the form of an amendment to the special
use permit.
(g)
Any violation of this section shall be grounds for revocation
of a special use permit issued under this chapter.
(h)
A revocation of the cannabis on-site consumption establishment
license by New York State and/or any of its agencies shall be grounds
for revocation of the special use permit.
D.
Severability. If any clause, sentence, paragraph, section or part
of this section shall be adjudged by any court of competent jurisdiction
to be invalid, such judgment shall not affect, impair or invalidate
the remainder thereof, but shall be confined in its operation to the
clause, sentence, paragraph, section or part thereof directly involved
in the controversy in which such judgment shall have been ordered.
E.
When effective. This section shall take effect immediately upon filing
with the Secretary of State.
Car washes shall be subject to the following
requirements:
A.
The building exit for automobiles that have completed
the washing and machine-drying process shall be set back a minimum
of 50 feet from the nearest point of any street property line.
B.
No washing, vacuuming, steam cleaning, waxing, polishing
or machine-drying operation, and no building within which such operations
are conducted, shall be permitted within 100 feet of any residential
lot line or residential district boundary as measured from the nearest
property line.
C.
All lot lines abutting or adjacent to residential
districts or uses shall be screened by landscaping and a solid fence
or masonry wall not less than six feet or more than eight feet in
height.
D.
Noise abatement at all times shall result in sound
levels, as measured at the property line, at or below 50 dBA.
Commercial garages shall be subject to the following
requirements:
A.
No such use shall be located within 100 feet of any
residential district boundary line as measured between nearest property
lines.
B.
All vehicles located outdoors and awaiting repairs
shall be subject to an active work order, have a valid license plate,
and be registered.
C.
All repairs shall be performed within an enclosed
principal building on the premises.
D.
All storage shall be within the principal building,
with the exception of refuse and trash, which shall be stored in closed
containers and in an area screened from view at all points on any
public or private property or street when viewed from six feet above
ground level.
F.
Any tires kept on the premises shall be stored within
a building or covered and screened from view at all points on any
public or private property or street when viewed from six feet above
ground level. Tires shall be removed from the premises at specified
regular intervals and shall not exceed 40 in number at any time if
not stored in a building.
G.
Sufficient screening with landscaping and a solid
fence or masonry wall shall be provided along all lot lines abutting
or adjacent to a residentially developed property to block any view
of repair operations and stored material and equipment from all points
on such residential property when viewed from six feet above ground
level.
H.
Any business engaged in a towing service shall remove
from the lot any towed vehicles within 24 hours, unless they are stored
in a building or subject to an active work order.
[Amended 3-13-2023 by L.L. No. 2-2023]
Drive-throughs shall be subject to the following
requirements:
A.
Drive-throughs shall be prohibited in the front yard,
except where a property has two or more front yards. In the event
that a property has two or more front yards, as same are defined in
the Code, a drive-through may be permitted in one of the front yards
upon the following conditions and procedure:
(1)
The
applicant shall submit a site plan for the proposed project which
includes the drive-through layout.
(2)
The
Planning Board will determine which of the multiple front yards on
the site is the "primary" front yard of the site by considering the
following:
(3)
The
Planning Board upon consideration of the above shall determine which
street shall be the "primary" front yard. The Planning Board may,
but is not require to, determine that there is more than one primary
front yard. Drive-throughs shall be prohibited in the primary front
yard(s).
(4)
The
matter shall then be referred to the Town of DeWitt Zoning Board of
Appeals for its determination upon a specific use permit for the drive-through
in a front yard other than the one that has been determined to be
the primary front yard(s) by the Town of DeWitt Planning Board.
B.
Drive-throughs
shall be located to preserve continuous vehicular and safe pedestrian
access from the public right-of-way to the principal building entry
and enhance the public facing side of the site and building façade.
C.
When adjacent to residential uses, drive-throughs,
including both the facility and queuing lanes, shall be a minimum
of 100 feet from the property line of adjacent residential properties
and screened by a solid fence or masonry wall of at least six feet
in height.
D.
The stacking spaces shall be located so as not to
interfere with the use of parking spaces or the free flow of traffic
on the site and shall be adequately striped and marked with directional
signs.
E.
Any outside speakers shall be adequately screened
and/or metered so as not to increase the sound level at the property
lines.
F.
Any outside
menu boards shall be adequately screened at the property line or internally
to account for lighting, glare and visual intrusion to the neighboring
parcel or road.
A.
Farms shall be subject to the following general requirements:
(1)
No retail or commercial activity shall take place
other than the storage, processing and sale of farm products grown
on the premises.
(2)
No odor- or dust-producing use, including the storage
of manure, shall take place within 150 feet of the nearest lot line.
(3)
No farm stock shall be kept in a building that is
closer to the nearest lot line than 150 feet.
(4)
No garbage or refuse shall be used for feed other
than that actually produced on the premises.
B.
A residential district farm may be permitted upon
specific use permit issuance. In residential districts, farms shall
not be used for the breeding, raising or training of animals.
C.
A farm may breed, raise and/or train animals in districts
other than residential, provided the property contains a minimum of
five acres.
A.
Permit required. Except as hereinafter provided, no
person, corporation or association shall store, handle, transport,
sell, keep for sale, offer, give away, dispose of, fire off or explode
any blank cartridges or pyrotechnics of any sort within the Town,
whether indoors or outdoors, except upon a written permit.
B.
Exceptions. Nothing in this section shall be held
to apply to the possession or use of signaling devices in current
daily use by railroads, vessels, automobile trucks and/or truck trailers,
nor shall it include flashlight composition ordinarily used in photography,
nor shall it include caps or cap pistols used to explode them.
C.
Permit application and issuance. Any person, firm,
corporation, society, group, association or organization may obtain
a permit to conduct an exhibition of fireworks by filing a written
application therefor with the Town Clerk, which shall specify the
time and place of such proposed exhibition and the name of the person
in charge thereof. The Town Clerk shall refer the application to the
Department and the Police Department and, upon its acceptance, obtain
approval, modification or disapproval from the Town Board. If approved,
the Town Clerk shall issue such permit, specifying the time and place
of the exhibition and the name of the person who shall have charge
of such exhibition, to be designated, in writing, by the Town Clerk.
D.
Liability insurance. No permit may be issued unless
the Town is named as additional insured on the prospective permit
holder's general liability policy. Insurance shall be in a minimum
sum of $2,000,000.
Home occupations shall be subject to the following
requirements:
A.
No more than 15% or 350 square feet of the floor area
of the dwelling unit, whichever is less, shall be devoted to the home
occupation.
B.
No person shall be employed other than residents of
the dwelling.
C.
No stock-in-trade shall be displayed such that it
is visible from the property line nor sold on the premises.
D.
A home occupation shall not be conducted in any accessory
structure.
E.
No sales or services shall be conducted requiring
members of the public to come to the dwelling.
F.
There shall be no outdoor storage of equipment or
materials used in the home occupation.
G.
Not more than one vehicle used in commerce shall be permitted in connection with any home occupation. Vehicle parking is further subject to the provisions of § 192-103.
H.
The conduct of any home occupation, including but
not limited to the storage of goods or equipment, shall not reduce
or render unusable the garage provided for parking for the dwelling
unit.
I.
No mechanical, electrical or other equipment which
produces noise, electrical or magnetic interference, vibration, heat,
glare or other nuisance outside the residential structure shall be
used.
J.
No home occupation shall be permitted which is illegal,
noxious, offensive or hazardous by reason of hours of operation, vehicular
traffic, generation or emission of noise, vibration, smoke, dust or
other particulate matter, odorous matter, heat, humidity, glare, refuse,
radiation or other objectionable emissions.
K.
Instruction for no more than two students at one time
shall be allowed.
L.
In no event shall the harboring, grooming, breeding,
boarding or training of more than five domesticated animals in any
building or an any lot be considered a permitted home occupation,
whether or not for profit.
A junkyard is prohibited in the Town of DeWitt,
New York.
[Amended 9-8-2008 by L.L. No. 6-2008]
Mixed-use developments shall be subject to the
following requirements:
A.
Portions of buildings designated and approved for
commercial purposes shall not be used for dwelling purposes, and portions
of buildings designated and approved for dwelling purposes shall not
be used for commercial purposes.
B.
Dwelling units in any residential district shall not
be converted or altered to allow other uses.
C.
This provision shall not be deemed to prohibit the
use of a portion of the building or structure as living quarters for
caretakers or attendants of places of worship or institutions where
such uses are authorized in any zoning district.
D.
The procedure outlined in § 164-10, Modifications of zoning provisions; cluster development, shall be utilized as provided for in New York State Town Law § 278. The restriction in § 164-10C(1) that it only applies to residential districts is removed as it applies to mixed uses.
E.
Overall project density shall be based on the blended
density parameters described herein in consultation with the Planning
Board prior to preliminary site plan and subdivision preparation.
Commercial density is generally limited to 20% building coverage of
its allocated share of project lands. Residential density is generally
limited to four dwelling units per acre of its allocated share of
project lands.
F.
The Planning Board may, in addition to modifying the
building bulk, placement and height rules as provided for in NY State
Town Law § 278, modify the parking requirements in a mixed-use
development in accordance with the following:
(1)
Reduce the parking count upon findings that the uses
contemplated have utilization patterns that would allow adequate parking
through the use of shared parking.
(2)
Off-site parking as described in § 192-103E(l)
may be anywhere within the subdivision upon findings by the Planning
Board that it can be utilized practically.
(3)
Reserve parking, as described in § 192-103E(2) and limited to office use, may be expanded to include all uses authorized within the district in which the subdivision is located except for restaurants upon findings by the Planning Board that adequate parking will be provided.
(4)
On-street parking can be utilized to satisfy parking
counts upon approval of the Town Engineer and the Department.
G.
Mixed use is intended to provide a development where
residential and commercial uses are integrated into a pedestrian-friendly
neighborhood. Project amenities that address this objective include
but are not limited to:
(1)
Sidewalks throughout the subdivision, including walkways
within parking lots.
(2)
Architectural street lighting and furniture.
(3)
Consistent architectural theme throughout.
(4)
Extensive landscaped and green areas with feature
areas for pedestrian and public use.
(5)
Clustering of buildings which will allow for large
areas for walks, pathways and recreational areas, as well as connections
to adjoining properties and nearby uses and facilities.
Mobile home parks shall be subject to the following
requirements:
A.
The fact that a motor vehicle which is located on
a property other than an approved facility for vehicle sales or commercial
garage or does not display a current motor vehicle registration or
license plate shall be presumptive evidence that such motor vehicle
is not in condition for legal use upon the highways. With respect
to any motor vehicle or equipment not required to be licensed or a
motor vehicle not usually used on public highways, the fact that such
motor vehicle or equipment is not in condition to be removed under
its own power shall be presumptive evidence that such motor vehicle
or equipment is a junk motor vehicle unless refuted by verifiable
and credible proof.
B.
In a residential district, unless stored inside a
building, the keeping of unlicensed motor vehicles in operating condition
or junk motor vehicles or equipment is not allowed.
[Amended 9-8-2008 by L.L. No. 7-2008]
[Added 9-8-2008 by L.L. No. 7-2008]
A.
No commercial or recreational motor vehicle, other
machinery or equipment shall be parked or stored out of doors in residential
districts except in the rear yard within five feet of the principal
dwelling, within the extended lines from the sides of the residence,
and no closer than five feet to the side or rear property lines.
(1)
Exceptions: A recreational vehicle may be parked
on a driveway up to 10 days during any calendar year. This can be
a single vehicle for 10 days or multiple vehicles but only for a total
of 10 "recreational vehicle days," i.e., the sum of the number of
recreational vehicles times the number of days each is stored shall
not exceed 10.
(2)
Personal-use vehicles for the regular and continuous
use of a resident shall be parked on an approved paved driveway or
in a garage in a residential district.
(3)
The following commercial motor vehicles for
the regular and continuous use of a resident may be parked on an approved
paved driveway or in a garage or other shelter in a residential district:
vehicles of less than 10,000 pounds vehicle weight and no more than
two axles and six tires.
Day-care facilities shall be subject to the
following requirements:
A.
No play equipment shall be located in the required
front yards.
B.
Every application for a day-care facility shall set
forth:
(1)
Each agency that must approve the establishment or
operation of the center.
(2)
A copy of an application or other request to each
such agency for such approval and the status of each such application.
(3)
Any facts known to the applicant which may result
in the denial or delay of any required approval which has not been
obtained as of the time of the filing of the application.
[Amended 1-21-2015 by 1-2015]
Outdoor seating/assembly areas shall only be
allowed as an accessory use and also subject to the following requirements:
A.
Outdoor seating abutting a restaurant may be permitted
only in a Business, Industrial or High Tech District.
B.
Along any sidewalk where the parking of motor vehicles
is permitted, an additional eight feet of unobstructed space adjacent
to the curb is required to allow for discharging passengers and screening.
Outdoor amphitheaters shall be subject to the
following requirements:
A.
The site shall be located no closer than 300 feet
from any residential lot line or residential district boundary and
shall contain at least five acres of land.
B.
The design of the facility shall minimize light and
noise disturbance and comply at all times with noise levels of 50
dBA at the property line.
C.
Parking and stacking areas shall be provided as required
by this chapter without obstruction to traffic on public streets.
Recreational vehicles shall be subject to the
following requirements:
A.
No recreational vehicle shall be used or maintained
for living or residential purposes in any district.
Retail sales and services shall be subject to
the following requirements:
Except as otherwise expressly provided in this
section, temporary uses are permitted subject to the standards hereinafter
established.
A.
Particular temporary uses permitted. Application must
be made to the Department, which may issue such permit(s) for the
allowable uses in this section, setting forth in the permit any conditions
or requirements which will be applicable to the temporary use.
(1)
Temporary art and craft, festival, show, exhibit or
sale by not-for-profits.
(a)
A temporary outdoor festival, art and craft
show, exhibit or sale may be permitted in any district by any not-for-profit
organization when approved by the Department on the basis of the adequacy
of the parcel size, parking provisions and traffic access and the
absence of any undue adverse impact on surrounding properties and
districts.
(b)
Such use shall be limited to one event for a
period not to exceed seven consecutive days per year.
(c)
The hours of operation shall be limited to 8:00
a.m. to 10:00 p.m.
(d)
Such use need not comply with the front yard
requirements of this chapter, except that structures or equipment
that might block the view of operators of motor vehicles on the public
streets shall not be located within 30 feet of the intersection of
the curblines of any two streets.
(e)
Such use need not comply with the maximum height
requirements of this chapter.
(f)
A temporary indoor art or craft show, festival,
exhibit or sales may be permitted in any nonresidential district or
in any public park in a residential district subject to prior approval
by the Department. Such use shall be limited to a period not to exceed
three days per event and no more than two events per year for each
organization.
(2)
Real estate office, contractor's office, equipment
shed and construction staging areas.
(a)
Real estate offices.
[1]
Real estate offices containing no sleeping or
cooking accommodations unless located in a model dwelling unit may
be permitted in any district when accessory to a new housing development.
[2]
Such use shall be limited to the period of the
initial active selling or leasing of dwelling units in such development.
(b)
Contractors' offices, equipment sheds and construction
staging areas containing no sleeping or cooking accommodations may
be permitted in any district when accessory to a construction project.
Temporary storage shall be allowed as an accessory use to the contractor's
office or equipment shed.
(c)
Such uses shall be limited to a period not to
exceed the active duration of such project.
(3)
Seasonal sales.
(a)
Seasonal sales, including, but not limited to,
Christmas tree sales, may be permitted in any nonresidential district
and in any residential district by any not-for-profit group or organization
when conducted by such group or organization when approved by the
Department on the basis of the adequacy of the parcel size, parking
provisions and traffic access and the absence of undue adverse impact
on surrounding properties and districts. Such sales shall be limited
to one event per organization each year.
(b)
Such use shall be limited to a period not to
exceed 45 days.
(c)
Display of Christmas trees need not comply with
the yard and setback requirements of this chapter, except that no
tree shall be displayed within 30 feet of the intersection of the
curblines of any two streets.
(4)
Temporary outdoor sales for businesses.
(a)
[1] A temporary outdoor sale may be permitted on the lot where
a business occupies the lot with a primary use in Industrial and Business
Districts when approved by the Department on the basis of the adequacy
of the lot size, parking provision, traffic access and the absence
of any undue adverse impact on the surrounding neighboring properties
and districts.
[Added 2-27-2012 by L.L. No. 2-2012]
[1]
Editor's Note: Former Subsection A(4)(a), regarding temporary
outdoor sales in Industrial and Business Districts, was deleted effective
1-1-2011.
(b)
Such use shall be limited to one event for a
period not to exceed seven consecutive days each year.
B.
Parking. The Department shall review the applicant's
assessment of the total number of off-street parking spaces which
shall be reasonably required for the particular temporary use, its
intensity, and the provision of additional parking facilities in the
area and may approve such temporary use only if such off-street parking
is provided.
C.
Period of operation. A temporary use shall be operated
only during those hours or on any days of the week as specified in
this section and as approved by the Department on the basis of the
nature of the temporary use and the surrounding uses.
(1)
Each not-for-profit organization or for-profit business
shall be limited to one temporary use per calendar year, unless noted
otherwise in this section.
Vehicle sales areas shall be subject to the
following requirements:
A.
No such use shall be located within 100 feet of any
residential district boundary line as measured from the nearest property
line.
B.
All vehicle sales areas shall require a sales building
associated with the business.
C.
Up to one vehicle may be allowed for every 1,000 square
feet of lot area.
D.
An outdoor vehicle sales area shall be surfaced with
an asphalt or Portland cement pavement providing an all-weather, durable
and dustless surface and shall be graded and drained to dispose of
surface water accumulation by means of a positive stormwater drainage
system.
E.
Sufficient screening shall be provided along all lot
lines abutting or adjacent to residentially developed property to
block any view of repair operations and stored material and equipment
from all points on such residential property when viewed from six
feet above ground level.
F.
Vehicle parking shall be subject to the off-street parking requirements set forth in § 192-103, plus vehicle sales area storage equal to one stall per vehicle and which stalls may be stacked.
G.
Vehicle sales areas shall be staffed during customary
business hours.
Vehicle service (gas) stations shall be subject
to the following requirements:
A.
No such use shall be located closer than 100 feet
from any residential lot or residential district boundary line as
measured from the nearest lot lines.
B.
No open-air outdoor storage of merchandise shall be
permitted unless approved through site plan review.
C.
Storage of materials and equipment shall take place
within the principal building.
D.
Refuse and trash may be stored outdoors at all times
only if placed in closed containers located in an area screened from
view at all points on any public or private property or street when
viewed from six feet above ground level.
E.
No inoperable, unregistered or unlicensed vehicle
shall be stored for more than hours outside of a completely enclosed
building.
F.
Adequate screening shall be provided along all lot
lines.
A.
In order to insure all vehicle service stations, commercial
garages, vehicle sales areas and/or any businesses which are licensed
by the State of New York to conduct vehicle inspections, repairs or
vehicle sales operations (hereinafter collectively referred to as
"vehicle businesses") are in conformance with the requirements of
this Code, and approvals of the Zoning Board of Appeals and/or Planning
Board at the time the use was originally permitted or amended, within
two years of the enactment of this Code, the vehicle business shall
be required to obtain a certificate of compliance from the Department
for the continued operation of its business in the Town.
B.
The Department shall take into account the following
criteria before issuing a certificate of compliance:
(1)
All required State of New York licenses are current
and valid.
(2)
There are no outstanding violations of state, county,
or Town laws and/or this Code.
(3)
All uses and improvements are approved and permitted.
(4)
That the vehicle business is in full compliance with
any previously approved site plan. This compliance includes:
(a)
The specific use that was contemplated by the
previous approval is the current use and has not been altered and/or
expanded.
(b)
The construction/improvements contemplated by
the previous approval have been completed and are being maintained
in accordance with governing regulations and approved site plan.
(c)
Any restrictions and/or conditions of the previous
approval are being complied with.
(5)
That the vehicle business previously received Zoning
Board of Appeals and/or Planning Board approval.
C.
If a certificate of compliance is not issued by the
Department, the owner and/or operator of the vehicle business shall
receive written notice of the reasons for nonissuance and shall either
cease doing business within 90 days of notice from the Department
that no certificate will be issued or shall apply appropriate approval
of the Zoning Board of Appeals or Planning Board within 90 days of
notice and obtain approval and implement a site plan and associated
construction/improvements within an additional six months of such
notice. The criteria for site plan review shall include this chapter
and the Design Guidelines.
A.
Stables shall be subject to the following general
requirements.
(1)
No odor- or dust-producing use, including the storage
of manure, shall take place within 150 feet of the nearest lot line.
(2)
No horses shall be kept in a building that is closer
to the nearest lot line than 150 feet.
(3)
Fencing of six feet in height shall enclose a paddock
and be no closer than eight feet to a property line.
B.
Additional conditions for public stables.
(1)
The lot must contain a minimum of five acres for up
to seven horses plus 1/2 acre for each additional horse.
C.
Additional conditions for private stables.
(1)
No retail or commercial activity shall take place,
including a riding academy.
(2)
All horses boarded on the lot must be owned by the
family living on the lot.
(3)
The lot must contain a minimum of three acres for
up to three horses, plus one acre for each additional horse up to
a maximum of six horses.
(4)
Private stables shall be considered a residential
accessory use.
