The following supplementary regulations covering
requirements and exceptions shall apply to all districts or to such
districts as specified.
[Amended 5-9-1988 by L.L. No. 1-1988]
A. The following specific special uses are permitted upon the issuance of a special permit in accordance with §
127-46, in the district specified, subject to the conditions stated in the Zoning Schedule herein:
(1) Fur farm. A plot plan showing proposed facilities
and improvements shall be provided. A permit shall be for a period
of not more than 10 years, renewable within three years of expiration.
(2) Industrialized poultry farm. A plot plan shall be
provided showing all proposed facilities and improvements and plans
for all buildings. Plans for disposing of manure shall be specified
and shall be approved by the County Health Department. Permits shall
be for a period not exceeding 12 years, renewable within three years
of expiration. Poultry cages shall be suitably removed from all lot
lines.
(3) Pig farm. A site plan shall be required showing all
improvements, areas which will be open to use by pigs and relationships
with adjacent areas. Permits shall not be granted for a period longer
than 12 years, but may be made renewable on expiration of not less
than 2/3 of the grant period.
(4) Dog kennel. A site plan shall be provided showing
all proposed facilities and improvements and plans for all buildings
and cages submitted. A report on the plan shall be requested from
the Niagara County Society for the Prevention of Cruelty of Animals.
All animals shall be confined to cages or structures a sufficient
distance from any neighboring uses to prevent undue annoyance. Permits
shall be for a period not exceeding 15 years, but may be made renewable
on the expiration of 2/3 of the grant period.
(5) Veterinary clinic. A site plan shall be required showing
all proposed improvements and their relationship to surrounding lands.
(6) Day camp for minors. A plot plan showing all proposed
facilities and improvements shall be provided. The maximum number
of children that may be accommodated at one time shall be limited
in relation to the area and facilities available. The permit shall
be for a period of not more than 20 years, renewable within five years
of expiration.
(7) Overnight camp for minors. A site plan shall be required,
which shall show forest areas and all proposed facilities and improvements.
The site shall contain suitable timber or topography to give adequate
privacy. The boundaries shall be fenced and activities confined to
the campgrounds or suitable public lands. Any use by other than the
owner should be specified and approved. Measures shall be taken to
suitably protect adjoining properties. A permit shall be granted for
not more than 20 years, but may be made renewable on expiration of
2/3 of the grant period.
(8) Animal sales' lots/storage barns. These facilities,
approved by the appropriate federal and state agencies, may be located
in the Rural Residential District or Heavy Industry District on any
lot of more than five acres. A sufficient greenbelt and visual screen
shall also be required. A plot plan shall have all proposed improvements
and areas to be used for the storage of manure and the keeping of
animals plainly indicated. Conditions shall be established to keep
the area from inhibiting industrial development on nearby land.
(9) Excavating, mining, grading, stripping and filling
operations. These operations, approved by appropriate federal and
state agencies, may be located in any district, subject to the following
conditions:
(a)
Major excavating, mining, grading, stripping
and filling operations. No person shall perform these operations on
any lot, except when a special permit has been granted as provided
herein.
(b)
Suitable site plans showing before and after
conditions shall be required. The finished condition shall normally
not permit any bank with a slope of more than one foot vertical to
three feet horizontal. Replacement of topsoil, finished seeding or
sodding and other landscaping shall be required where applicable.
Adequate information relative to any pond to be created shall be provided
to permit the Board of Appeals to determine that such pond will not
become a public nuisance. A time schedule of the operations shall
be provided, including an expiration date for the permit, which shall,
in no instance, run more than three years, but which may be renewable.
Measures shall be introduced to assure that any interim hazardous
or nuisance-producing stage in the operations shall be prevented.
Where failure to complete the work as permitted would result in an
unsatisfactory situation, a performance bond, similar in nature to
that required by the Town Subdivision Regulations, shall be required. Where an engineering inspection is
deemed necessary, the Board of Appeals shall determine the cost of
such inspection and require payment to the Town Clerk of a fee sufficient
to cover inspection. Such fee shall be utilized in a manner determined
by the Town Board to cover the costs of inspection.
(c)
Any topsoil stripped on a lot in accordance
with a special permit must remain on the lot from which it was stripped.
(d)
Any subsoil, clay, sand, gravel or rock excavated,
mined, graded, stripped or filled in accordance with a special permit
must remain within the Town's boundaries. No such material shall be
removed.
(e)
Spoil piles.
[1]
Any excess material (spoil piles) made during
Town-Board approved construction, repair, widening, deepening or cleaning
of ditches may be disposed of for use other than on the lot from which
it was taken, either within or without the Town's boundaries, subject
to approval by the spoils committee.
[2]
Disposition of such spoil piles shall be determined
by the Spoil Soil Committee, which shall consist of three members
appointed by the Supervisor and which Committee shall include the
Supervisor of the Town, the Town Highway Superintendent and one Councilman.
(10)
Trailer/tent campground. The entire area shall
be fenced and activities confined to the grounds. Campsites and activity
areas shall be suitably removed from project boundaries. Driveways
shall be designed for safety and privacy of the campsites. Permits
shall not be granted for a period of more than 20 years, but shall
be renewable after the expiration of 2/3 of the specified period.
(11) Noncommercial wind energy systems. Noncommercial wind energy systems are allowable subject those requirements contained in Chapter
125 of the Town Code and in accordance with §
127-46.
[Added 2-16-2011 by L.L. No. 1-2011]
(12)
Exotic animals. These operations, if previously approved by
appropriate federal and state agencies, may be located in Semirural
Residential 100, Semirural Residential 150, and Rural Residential
200 Districts, subject to the following conditions:
[Added 3-20-2013 by L.L. No. 1-2013]
(a)
No person shall harbor a wild or exotic animal within the Town
of Wilson, except as permitted by this article.
(b)
Definitions. As used in this Subsection
A(12), the following terms shall have the meanings indicated:
ANIMAL
Any and all types of animals, domesticated and wild, male
and female, singular and plural.
HARBOR
To keep or contain upon public or private property or to
permit another to keep or contain upon public or private property.
WILD OR EXOTIC ANIMAL
Any species of animal whose natural or usual habitat is either
in the wild or in a zoo, as opposed to a domesticated environment,
regardless whether such animal poses an actual or apparent threat
to persons, other animals or property, and any species of animal which,
as a matter of common knowledge, is naturally ferocious, unpredictable,
dangerous and mischievous. The following animals, the ownership of
which is normally legal, and which are normally found within a domesticated
environment are specifically declared not to be "wild or exotic animals"
subject to regulations under this article: dogs; cats; tropical birds
such as canaries, parakeets, parrots and myna birds; guinea pigs;
gerbils; hamsters; white mice; turtles, other than snapping turtles;
tropical fish; and nonpoisonous snakes.
(c)
Each such application shall include identification of the applicant
and the person who proposes to harbor such wild or exotic animal,
the nature and species of such animal, a description of the characteristics
of such animal and its propensity or ability to cause harm to persons
or property and the location where the wild or exotic animal is to
be harbored, a list of any other wild or exotic animals harbored or
proposed to be harbored at the same location, and the consent of all
owners of such location. Such application shall be accompanied by
such fee as may be prescribed by the Town Board by resolution.
(d)
No permit shall be issued for any exotic animal to be housed,
kept, maintained or cared for on any premises in the Town that is
not of a minimum lot size of 10 acres, and any structure housing the
exotic animal on said parcel must have a minimum setback of 100 feet
from any property line.
(e)
All animals located on a permitted property shall be microchipped,
where appropriate, or monitored by other allowable means and deemed
healthy by a licensed veterinarian. Animals harbored shall not be
allowed to breed.
(f)
Suitable site plans showing before and after conditions shall
be required. Adequate information relative to any animals located
on premises and to specific harboring facilities to be erected shall
be provided to permit the Board of Appeals to determine that harboring
of said animals will not become a public nuisance. A time schedule
of the operations shall be provided, including an expiration date
for the permit, which shall, in no instance, run more than three years,
but which may be renewable. Measures shall be introduced to assure
that any hazardous or nuisance-producing noise or odors in the operations
shall be prevented. The site plan shall also contain a written emergency
plan suitable to the Board of Appeals to protect the health, safety
and well-being of persons and property in the Town.
(g)
Signage. The possessor of a wild or exotic animal shall have
continuously posted and displayed at each possible entrance onto the
premises where a wild or exotic animal is kept a conspicuous sign,
clearly legible and easily readable by the public, warning that a
wild or exotic animal is on the premises. In addition, the possessor
shall conspicuously display a sign with a warning symbol that informs
children of the presence of a wild or exotic animal. Additionally,
no permit shall be issued without signage provisions that require
posting in and along each boundary line of the property.
(h)
Inspections. No permit shall be issued without inspection provisions. It shall be the duty of the Code Enforcement Officer, or whoever the Town Board shall designate, to make inspections from time to time, and such other inspections as they may be directed by the Town Board, of the premises and place for which permits have been issued to ascertain whether or not said premises or places are maintained in accordance with the provisions of this Subsection
A(12). It shall also be the Code Enforcement Officer's duty to report all violations of the provisions of this article and other provisions of the Code and the Public Health Law of the state to the proper authorities. Inspections shall take place at least once per year, or as deemed appropriate by the Zoning Board of Appeals or the Town Board.
(i)
Liability. If any wild or exotic animal escapes, either intentionally
or unintentionally, the possessor of the wild or exotic animal shall
immediately contact a law enforcement officer of the city or county
where the possessor resides to report the escape or release. The possessor
is liable for all expenses associated with efforts to recapture the
animal.
(j)
Insurance. A possessor of a wild or exotic animal shall maintain
liability insurance coverage in an amount of not less than $500,000
for each occurrence for liability damages for destruction of or damage
to property and death or bodily injury to a person caused by the wild
or exotic animal. The possessor of a wild or exotic animal shall provide
a copy of the policy for liability insurance to the Code Enforcement
Officer on an annual basis.
(k)
Additional information. Submittal of additional information
may be requested to ensure compliance with the intent of this chapter.
Information may include, but not be limited to, plans for posting
emergency information and specification of materials used in the containment
of exotic animals.
(l)
Additional conditions. The Zoning Board of Appeals may impose additional conditions in accordance with §
127-46B of the Town Code.
(13)
Day-care center/nursery. A plot plan showing all proposed facilities
and improvements shall be provided. The maximum number of children
that may be accommodated at one time shall be limited in relation
to the area of facilities available.
[Added 2-18-2015 by L.L. No. 1-2015]
(14)
Animal rescue facility. A facility housing rescued domestic
animals (dogs and cats) may be allowed subject to approval of a site
plan and compliance with all components of this subsection. Animal
rescue facilities shall be further subject to the following regulations:
[Added 7-15-2015 by L.L.
No. 3-2015]
(a)
The facility shall be set back as far as possible from all residential
use property. In no case shall the minimum front and side setbacks
be less than 150 feet.
(b)
Methods shall be used to reduce off-site noise, which may include
the use of sound-barrier material such as "bark-block" and/or other
approved insulation.
(c)
The animals shall be housed in appropriate kennel units with
insulation to further abate noise.
(d)
The facility shall have appropriate flushing drains and other
physical elements to properly dispose of cleaning waste from the animal
boarding area.
(e)
The quarters in which the animals are kept shall be maintained
in a clean condition and good state of repair. No nuisance caused
by odor, noise, flies or animals running at large shall be permitted.
(f)
Animal rescue facilities shall be limited to domestic dogs and
cats, unless otherwise specifically permitted by the Town.
(15)
Short-term rentals. Short-term rental properties as defined
and further regulated by Chapter 97 of the Town Code.
[Added 9-20-2023 by L.L. No. 3-2023]
B. The following specific special uses are permitted upon issuance of a special permit by the Town Board in accordance with §
127-46, in the district specified, subject to the conditions stated in the Zoning Schedule herein. In addition to the conditions stated in the Zoning Schedule, the conditions shall include the recommendation of the Board of Appeals, as specified by §
127-46, and the Planning Board. The Zoning Administrator shall, after review and comment by the Planning Board, forward such documentation to the Town Board for its review and comment. The Town Board shall review such specific special uses with regard to the best economical and environmental concerns of the Town. The Town Board shall then proceed with a public hearing in accordance with §
127-48D.
(1) Commercial or livery stable. Permits shall not be
granted for a period of longer than 20 years, but may be made renewable
on expiration of not less than 2/3 of the grant period. A site plan
shall be required showing all proposed improvements and relationship
to the adjacent area.
(2) Private club or group facilities. A site plan shall
be provided showing all proposed improvements and their relationship
to adjacent development. Areas to be used for intensive outdoor activity
(sports, picnicking, etc.) shall be indicated. The extent to which
such facilities may be rented to other groups shall be specified.
Permits shall not be granted for a period of longer than 20 years,
but may be made renewable on expiration of 1/2 of the grant period.
(3) Gun club or other private recreation activity involving
the use of firearms. A site plan shall be required showing all proposed
improvements and their relationship to adjacent development. Areas
used for intensive outdoor activities, especially involving firearms,
shall be delineated, and adequate measures for safety and noise control
shall be specified. The extent to which such facilities can be rented
to other groups shall be specified. Permits shall not be granted for
a period of more than 12 years, but may be made renewable on expiration
of 2/3 of the grant period.
(4) Golf course. A site plan shall be required showing
all proposed improvements. The character of the use of the property
shall be clearly specified, including any rent of the facilities for
use by other groups. The character of any food service shall be specified.
(5) Continuance, on a nonpermanent basis, of a mobile
home court in existence at the time of adoption of this chapter. A
site plan shall be required, unless one has previously been approved
and is on file with the Board of Appeals, and shall show all improvements,
mobile home stands, etc. Provisions shall be made that any new mobile
home brought into the court shall be inspected for adequacy by the
Building Inspector and that all homes remaining in the court shall
be inspected not less than once a year. Provisions shall be made that
any mobile homes found to be structurally deteriorating or in need
of major repairs in such inspection shall be removed from the park.
Provisions shall be made for the annual inspection of mobile home
court sanitary systems without cost to the Town for the correction
of any inadequacies. Suitable provisions shall be made that the court
be kept in a neat and sanitary condition and that a thorough cleanup
of the site follows the removal of any mobile home. The number of
units permitted in a mobile home court may not be increased over that
originally granted, but may be decreased at the time of permit renewal
if found unsatisfactory by the Board. The Board may, at any time,
permit rearrangement of mobile homes on the site by approving an amended
site plan but, in so doing, shall be guided by the most recent standards
or recommendations for mobile home courts as published by the Federal
Housing Agency. Permits may not be granted for a period in excess
of nine years, but may be made renewable on expiration of not less
than 1/2 the stipulated period.
(6) Utility facilities. Utility transmission and distribution
lines approved by appropriate federal or state agencies may be located
in any district and shall be installed under or above the ground in
an approved fashion. A site plan and construction plan of the installation
shall be required, along with a landscaping plan prepared by a licensed
landscape architect. The application for a permit shall state any
proposed and permitted storage of material at the site.
(7) Radio/television/communication facilities. Radio and
television transmission receiving antennas and facilities, but not
studios or business offices may be located in any district, except
in Semirural Highway Commercial, Waterfront Commercial or Park Land
Districts, on any lot of more than 50 acres, if all structures are
located at a distance not less than their height from all property
lines. All distribution and/or transmission lines shall be subject
to standard installation requirements.
(8) Hospital. A hospital or health-care center or clinic
approved by appropriate federal or state agencies may be located in
the following districts on any lot of more than 10 acres: Rural Residential,
Semirural Residential or Urban Residential. A sufficient greenbelt
shall also be required.
(9) Junkyards. A junkyard may be located in the Heavy
Industrial District on any lot of more than five acres. A sufficient
greenbelt shall be required with visual screen or buffer enclosing
the lot. Industrial-type operations are permitted, if approved by
appropriate federal or state agencies, to process, treat, restore
or recycle material for resale. Service shall be allowed on-premises,
and sale shall only be of material handled on-site. A site plan shall
be required showing all proposed improvements and any exterior areas
to be used for the dismantling of vehicles, the storage of car parts
or other junk. No burning shall be permitted, other than on a short-term
permit. All operations shall be enclosed with a suitable opaque fence,
approved as to type, height and construction by the Board of Appeals.
Material shall not be stacked inside the fence so as to be visible
from any road.
(10)
Petroleum and fuel storage. These facilities,
approved by appropriate federal and state agencies, may be located
in Heavy Industry or Light Industry Districts on any lot of more than
200,000 square feet. A sufficient greenbelt and visual screen shall
also be required. Site plans shall be required, showing all proposed
improvements. Advice shall be sought from appropriate state agencies.
(11)
Adult book, video or entertainment store or
facility. A site plan shall be provided, showing all proposed improvements
and their relationship to adjacent development. Adequate off-street
parking shall be provided. A single sign will be allowed, no greater
than a maximum of six square feet. There shall be no flashing lighted
signs. The store or facility shall not be located within one mile
of any educational, recreational building, boys or girls club, or
any church, synagogue or place of worship building or facility. No
person under the age of 18 shall be permitted to enter the premises.
The initial permit will be limited for a period of one year. Any subsequent
renewal shall be upon application and may be granted for a period
not to exceed 12 years.
[Added 4-18-2005 by L.L. No. 2-2005]
C. Every application for a special use permit cited herein shall include the submittal of the following, in addition to the requirements of §
127-46, prepared by a licensed professional engineer to aid in the review of such application:
(1) Engineering report. A complete, concise and accurate
engineering report detailing the existing site conditions, including
subsurface information, proposed site layout, sanitary and health
facilities, storm drainage facilities, water supply, power systems
and safety facilities.
(2) Construction plans and report. A complete, concise
and accurate set of construction plans showing all construction details,
with a report describing all construction standards, regulations and
guidelines to be followed and/or implemented, including a schedule
of implementation.
(3) Operations report. A complete, concise and accurate
operations report detailing any and all physical and chemical operations,
short of giving trade secrets, to take place at the facilities. The
operation plan shall include any and all health, safety and environmental
emergency procedures to be implemented as necessary.
(4) Statement of proposed action. A complete, concise
and accurate statement of the proposed action in compliance with § 67-4
of the Town Code, for compliance with the State Environmental Quality
Review Act (Article 8 of the Environmental Conservation Law and Part
617 of Title 6 of the New York Codes, Rules and Regulations).
D. The Town Board shall implement Chapter 67, Environmental
Quality Review, of the Town Code and decide if the proposed action
is Type I, Type II, unlisted, exempt or excluded, as defined by SEQR.
The Town, if it determines the action to be Type I or unlisted, may
request the applicant to complete an environmental assessment form.
The Town shall then prepare a negative declaration, determination
of nonsignificance or a positive declaration, determination of significance
and the intent to prepare an environmental impact statement.
E. If a notice of determination of nonsignificance is
issued by the Town, then the SEQR process ends. If a notice of determination
of significance and intent to prepare an environmental impact statement
is issued by the Town, the SEQR process continues. In accordance with
the Town Code and SEQR, this could include draft and/or final impact
statements, public comment period(s) and/or hearings and/or finding
statements.
[Added 4-14-1997 by L.L. No. 1-1997]
A. Pursuant to § 274-a, Subdivision 5, of the
Town Law, when reasonable, the Town Board shall have the power to
waive any requirements for the approval, approval with modifications
or disapproval of special use permits submitted to it for approval.
B. Such waiver shall be subject to the following conditions:
(1)
The public health, safety or general welfare
is deemed not to be adversely affected.
(2)
The special use being permitted is appropriate
to a particular site plan.
(3)
Any other act or circumstance the Town Board
determines to be appropriate in considering the waiver and in the
best interest of the Town of Wilson and its residents.
The following uses are permitted in any district or in such districts as may be designated as temporary uses, subject to the issuance of a temporary use permit in accordance with §
127-47, stating time limit and the following conditions stated herein:
A. Contractor's shed/trailer. Contractor's buildings,
trailers or sheds may be erected on a construction site to serve as
an office, workshop or storage area during the construction of any
authorized structure following the issuance of a building permit in
any district. Such buildings shall not remain longer than 18 months
unless an extension for a longer period is granted by the Board of
Appeals. They may not be used as residences, except as the quarters
of a watchman. In addition, there shall be a minimum front setback
requirement of 50 feet for such buildings.
B. Fairs/carnivals. An out-of-door fair, carnival or
similar event may be conducted by a church, civic organization or
similar nonprofit group on the premises of a building occupied by
such organization or on a lot in any district, except in the Light
and Heavy Industry Districts, for a period not exceeding three days
in any calendar year in any district, subject to the granting of a
temporary permit therefor by the Board of Appeals. During such period,
it may use such signs and other devices as the Board shall find appropriate
to the occasion and within the limits of the sign regulations. A suitable
guaranty shall be made for cleaning and policing the site after the
operations. The hours of operation, noise level controls on any noisemaking
devices, etc., shall be established as necessary to permit the quiet
enjoyment of neighboring residential areas.
C. Special events. Any nonprofit, commercial or industrial
operation in other than a residential district may celebrate, during
not more than three days a month nor more than six days of any calendar
year, a special promotional event, such as a grand opening, on the
granting of a temporary permit by the Board of Appeals. During such
permit, it may use such signs and other devices as the Board shall
find appropriate to the occasion and within the limits of the sign
regulations.
D. Roadside stands. A structure for the sale of fruits
and vegetables and related products is permitted in the Rural Residential,
Semirural Residential, Rural Highway Commercial or Semirural Highway
Commercial District, subject to the following conditions and those
stated in the temporary permit:
(1) Parking areas shall be so designated as to provide
for the safety of motorists and pedestrians.
(2) Signs shall be in accordance with the applicable provisions
of this chapter.
(3) Only produce produced on the premises can be sold
at the stand, except that minor miscellaneous related products purchased
for sale with the produce can also be sold. A site plan shall be required
showing roadside conditions for 500 feet on either side of the proposed
stand, locating trees, signs, fences and other obstacles to vision
and driveways, culverts, ditches, bridges and other obstacles to movement
from the highway in the immediate vicinity of the stand and showing
the location of the proposed stand, related signs and parking areas.
Parking areas shall be so designated as to eliminate any necessity
for vehicles backing onto the traffic lanes. Permits shall not be
granted for a period of longer than 12 years, but may be made renewable
on expiration of not less than 2/3 of the stipulated period.
E. Mobile home for farm labor. Additional requirements
for the temporary location and occupancy on a farm of not less than
40 acres of a mobile home for farm labor employed solely on the premises
shall be as follows: The mobile home is to be located on a site as
determined by the Board of Appeals and removed upon expiration of
the permit. Prior to issue and renewal of a temporary permit, the
occupant must provide documentation that income is derived solely
from the farm property on which the mobile home is located. Provisions
shall be made for the inspection of any such temporary mobile home
for adequacy by the Town Building Inspector prior to occupancy and
for such mobile home to be removed when found inadequate by the Building
Inspector. The mobile home shall be in adequate internal and external
condition, as determined by the Building Inspector. Adequate provision
for potable water supply and sewage disposal shall be made for each
such mobile home. Special permits shall be granted for a period of
not exceeding 12 months at the standard fee and renewable on expiration
at a fee equivalent to the combined tax revenue based on a market
value of 100%, but not less than $125.
F. Mobile home during construction.
(1) A mobile home may be permitted during dwelling construction
for the temporary use by the lot owner during the course of and in
connection with the construction of a dwelling on the lot, such location
to be for a period of not more than 12 months. Construction of the
permanent dwelling must be commenced within six months after the issuance
of the special permit, and such special permit may only be renewed
for one period of six months.
(2) The mobile home shall be in adequate internal and
external condition, as determined by the Town Building Inspector,
and shall have adequate potable water supply and sanitary facilities.
A building permit shall have been issued for the related permanent
dwelling and adequate financing of construction assured. If the mobile
home is not removed at the expiration of the permit period, the Town
may have the mobile home removed and stored, if necessary, and have
the site cleared, and all charges for expenses incurred by the Town
for such removal and clearance shall be added to the next-assessed
Town taxes against the premises and shall be a legal charge thereon.
Such permits shall only be renewable in case of unusual difficulty,
and then only once. The total period of occupancy shall in no instance
be permitted to exceed 18 months.
[Amended 5-23-1988 by L.L. No. 3-1988]
(3) Emergency placement of a mobile home by order of the
Town for occupancy by the owner during home reconstruction must follow
applicable regulations. No fees shall be required for this emergency
placement.
G. Signs. Temporary signs as part of a temporary use for which a permit is issued, such as fair/carnival, special event or a roadside stand, do not require a temporary permit; however, the signs must be in accordance with regulations stated in §
127-37. Temporary signs relating to real estate rent, lease or sale do not require a temporary permit; however, the sign must be in accordance with regulations stated in §
127-37. Any other temporary sign requires a permit and must be in accordance with applicable regulations and the permit requirements. Emergency placement of signs by order of the Town must follow applicable regulations. No fees shall be required for any temporary signs.
The following uses are permitted in districts
where specified applicable to regulations provided in this chapter
and the following conditions:
A. Farming operations. In conjunction with the operation
of a permitted farm, the keeping of normally accessory farm equipment,
vehicles and implements for use on such farm is permitted. Also, the
storage of supplies necessary for the farm operations and produce
of such farm is permitted, provided that the setbacks and yard requirements
are met. The keeping of horses, cattle, sheep, goats, chickens, turkeys,
ducks or similar domestic animals or fowl is permitted, provided that
the requirements specified in this chapter are met. No sale or service
is permitted unless an appropriate permit is obtained in accordance
with the provisions of this chapter.
B. Signs. Signs are permitted as an accessory use where specified, subject to the provisions stated in §
127-37.
C. Swimming pools. A private swimming pool installed
or maintained as an accessory use in a residential district shall
require a building permit and shall meet the following requirements:
(1) When permitted. Any such pool shall be used only as
an accessory use to a dwelling or a special permit use for the private
use of the owner or occupant of such dwelling or building and his
or her family, guests or employees.
(2) Safety measures. Any such pool shall be completely
enclosed by a security fence not less than four feet in height, of
a type approved by the Zoning Administrator, with all gates or doors
opening through such enclosure equipped with self-closed and self-latching
devices designed to keep and capable of keeping such gates or doors
securely closed at all times when not in actual use. Any pool with
sides extending more than four feet above grade may alternately be
equipped with folding or removable steps or other means of denying
access to small children as may be approved by the Zoning Administrator.
[Amended 5-6-2002 by L.L. No. 2-2002]
(3) Water quality. Such pool shall be maintained in a
manner sufficient to meet the bacterial standards established by the
provisions of the New York State Sanitary Code relating to public swimming pools.
(4) Filters. Such pool shall be equipped with an integral
filtration system and filter pumps or other mechanical devices which
shall be so located and constructed as not to interfere with the peace,
comfort and repose of the occupant of any neighboring property.
(5) Drainage. A request for installation of a pool shall
be accompanied by a statement of the proposed method of draining the
pool, indicating to the satisfaction of the Zoning Administrator that
such drainage will not interfere with the enjoyment of neighboring
properties.
(6) Corrective measures. The Zoning Administrator shall
order the immediate correction of any situation which does not meet
the requirements or intent of this section or for which he receives
a written complaint from the County Health Department and shall, when
considered necessary, require any pool to be immediately drained.
(7) Setback. All swimming pools must be set back from
property lines such distances as are equal and conform to the building
setbacks as required for the district in which they are located.
D. Fences.
[Amended 3-20-2013 by L.L. No. 2-2013; 7-19-2023 by L.L. No. 2-2023]
(1) Requirements.
(a)
The requirements of this chapter shall not be deemed to prohibit
any otherwise lawful fence or wall, provided that in any residential
district no fence or wall shall exceed six feet in height and no solid
fence or hedge over three feet in height shall be erected or maintained
within 20 feet of any street line or in a UR40 District.
(b)
Waterfront areas, as documented by the Town assessment roll,
shall be treated in the same manner as road frontage relative to the
construction of fences. Visibility at intersections shall not be obstructed
by fences, as specified in § 127-38D. In commercial and
industrial districts, the Town may permit fences to be higher in height
to provide for necessary visual screens. All fences shall be constructed
in accordance with generally recognized construction methods. Fabric,
of any type, shall not constitute a fence. Fencing shall be maintained
in good and stable condition.
(2) Proximity to adjacent structures. Fences shall be located such that
district-regulated side yard setbacks are provided between the fence
and other structures on subject property or adjacent properties. For
purposes of this section, setback shall be measured between the structure
and the fence, and the good side of the fence shall be facing the
neighbor.
(3) Temporary fence. A temporary fence shall not restrict sight distance
for the traveling public or create a hazardous condition. There is
no building permit required for a temporary fence. The utilization
of temporary fencing is limited to the following purposes:
(a)
Snow fencing used exclusively to control snow drifting. Fencing
shall be properly secured and not exceed four feet in height. Snow
fencing may only be utilized between November 15 and March 30 and
shall not remain in place outside of such dates.
(b)
Crowd control fencing at a legally permitted event. Fencing
shall be properly secured and not exceed four feet in height. Duration
of use shall be limited to three days in any calendar year and shall
be removed at the conclusion of the permitted event.
(c)
Construction fencing used to protect the public from hazardous
conditions and debris during a permitted construction project, including
open excavation. Construction fencing shall be immediately removed
once the hazardous condition is eliminated.
E. Home occupations. Only those occupations cited as accessory uses in specific districts are permitted as accessory uses, provided that all requirements are met regarding parking, signs and storage and that the home occupation is truly an accessory use. The classifications of various home occupations are defined in §
127-26. If a home occupation is permitted as an accessory use, if necessary, the Zoning Administrator shall determine if the home occupation expands or grows, such as to exceed the intent of an accessory use. At such time, the Zoning Administrator shall properly notify the owner and require the use to come into conformance with this chapter.
F. Parking. Parking is permitted as an accessory use where specified, subject to the provisions stated in §
127-30.
G. Tool, garden, and greenhouse sheds. Buildings, sheds,
enclosures, or similar structures for use as a tool, garden or greenhouse
shed are permitted as an accessory use, provided no sales or services
are performed on the premises and no produce made on the premises
is offered for sale, either on the premises or off-premises. All structures
must meet the requirements of this chapter with regard to yards and
setbacks. For the purposes of this chapter, tool, garden and greenhouse
sheds shall not exceed 144 square feet, shall not exceed one story
in height, and shall be permanently installed. These buildings shall
be maintained in good condition at all times. A no-cost building permit
is required for a shed meeting the standards of the section.
[Amended 7-19-2023 by L.L. No. 2-2023]
H. TV/satellite antenna. The installation of a TV/satellite
antenna is permitted, located in a rear yard, as an accessory use,
provided that the requirements of yards, setbacks and height are met.
No antenna may be located in a front or side yard.
I. Storage. Storage is permitted as an accessory use
where specified as follows:
(1) Residential lots. Storage of a boat, boat and trailer,
camp trailer or cargo trailer owned for personal use by a resident
of the premises is permitted, provided that proper yard requirements
are met.
(2) Commercial and industrial lots. Storage of materials,
products and waste associated with the operations of the premises
is permitted, provided that proper yard requirements are met and storage
is indoors in buildings meeting requirements for location.
The following uses are permitted as accessory
uses in such districts as designated and upon issuance of a special
use permit, subject to the following conditions and any conditions
imposed upon issuance of a permit:
A. Occupations/professions. This classification of home
occupations/professions includes:
(1) Architect, attorney, accountant, engineer, doctor,
dentist, physician, surveyor, lawyer, journalist, reporter, broker.
(2) Tutor, music/art/dance instructor, artist, photographer,
sculptor.
(3) Real estate sales, insurance sales.
(4) Hairdresser, barber, beauty salon.
(5) Elected public official as permitted by the Town.
B. Occupations/services. This classification of home
occupations/services includes:
(1) Dressmaker, tailor, shoe repair, sewing.
(3) Bait and tackle shop, gun repair shop.
(4) Bicycle repair, small appliance repair, carpenter,
plumber.
(5) Antique, gift, hobby and craft shop.
(6) Contractor, remodeler, builder's office.
C. Lodging services. This classification of home occupations
lodging services includes:
(2) Day-care/babysitting services.
D. Restrictions.
(1) The use may be carried out within a dwelling or in
a detached building by a resident thereof, except in the case of a
bed-and-breakfast, the use must be carried out in a private residence
which is owner occupied.
[Amended 5-15-1989 by L.L. No. 2-1989; 11-10-1997 by L.L. No.
3-1997]
(2) Not more than 25% of the total floor area, and in
no event more than 500 square feet of the total floor area, shall
be utilized for a dwelling structure, except for bed-and-breakfast
establishments, and not more than 600 square feet of area shall be
utilized for a nondwelling accessory structure.
[Amended 5-18-1998 by L.L. No. 1-1998; 5-6-2002 by L.L. No.
2-2002]
(3) There shall be no exterior display or indication of
the use other than specifically permitted signs.
(4) An inventory of goods produced off the premises may
be maintained for sale on the premises.
[Amended 11-10-1997 by L.L. No. 3-1997]
(5) There may be incidental services provided by not more
than one nonresident person.
(6) Not more than one vehicle of less than one ton capacity
may be utilized in connection with the activity.
(7) Adequate parking must be provided on the premises.
(8) All lodging/services must provide smoke detectors
in all rental rooms and fire extinguishers with a minimum rating of
2A10BC in the hallways.
(9) All bed-and-breakfast establishments for three to
nine guests shall comply with the requirements of the County Health
Department.
Lot requirements shall be as specified in the
district regulations, Zoning Schedule and as provided herein:
A. Area measurement. For purposes of measuring lot area,
only that part of the depth which is no more than three times the
average width of the lot may be utilized in calculations.
B. Lot area per family when other uses present. In computing
the lot area available for residential use on a lot which has other
uses, such as a dwelling use over a retail use, the lot area occupied
by the buildings containing the other use, together with the area
of required parking or off-street loading, shall first be deducted
from the total lot area.
C. Substandard lot of record. Other provisions of this
chapter notwithstanding, any parcel of land having access to a street
and having an area or a width less than those prescribed for the district
in which such parcel is situated may be used as a lot for any purpose
permitted in such district, provided that all of the following requirements
are met:
(1) Such parcel has an area of at least 75% of the area
required and a lot width of at least 75% of the lot width required.
(2) Such parcel was under the ownership of the applicant
at the time of the effective date of this chapter, and the owner thereof
at the time did not then own and has at no time since owned any land
adjoining such parcel.
(3) Fully adequate provisions for water supply and sewerage
to meet the requirements of the use can be made.
D. Variation of requirements for large scale housing
developments. The Town Board is hereby empowered, as provided in § 281
of the Town Law, simultaneously with the approval of any subdivision,
to conform the zoning regulations of the land so platted or to make
any reasonable change therein, in accordance with the procedures and
safeguards set forth in § 281, provided that no change is
made in the overall density for the land so platted.
Yard requirements shall be as specified in the
district regulations, Zoning Schedule and as provided herein:
A. Exceptions as to front yard requirements. Where there
is an established building line, in that three or more buildings in
the frontage 400 feet on either side of the use in question are closer
to the right-of-way, the minimum required setback may be reduced by
the Zoning Administrator to not less than the average setback of such
buildings.
B. Side yard on lots nonconforming in width. On a lot
of record that is narrower than required in its zoning district, the
side yard requirements may be reduced to the same percentage of the
lot width that is required for a minimum-width conforming lot [e.g.,
if a yard required for one side is six feet on a sixty-foot lot, the
yard may be reduced to five feet on a fifty-foot lot.] However, in
no event shall the side yard be less than five feet.
C. Required side yard on corner lots. In the instance
that a corner lot meets the minimum lot size requirements of this
chapter and the side yard facing the street exceeds the minimum requirement
by less than 50 feet, the Zoning Administrator, upon written request,
may make such adjustment in the remaining side and rear yard requirements
necessary to permit a building of a size common to the area to be
erected on the lot: provided, however, that the changes shall be the
minimum necessary to permit construction and shall not reduce any
required yard by more than 1/3. This provision shall not restrain
or limit the seeking of relief by the variance process.
D. Visibility at intersections. On a corner lot in any
district, no structure, fence, wall, hedge or other planting shall
be erected, placed or maintained at a height of between three and
six feet above the curbline within the triangle formed by the street
lines and a straight line adjoining said street lines at points 20
feet from the point of intersection.
E. Transition areas. When a lot in a commercial, highway
commercial or industrial district abuts a lot in a residential district,
there shall be provided on such commercial, highway commercial or
industrial district lots, on any side abutting the residential lot,
a greenbelt as required herein to serve as a buffer.
F. Private garage in rear yard. A detached, private garage,
when otherwise permitted, may be erected in a rear yard in a residential
district, but shall not be closer to a street line than the buildable
area of the lot nor closer than five feet to other rear or side lot
lines, and it shall not occupy more than 1/3 of the required rear
yard.
G. Slope of yard.
(1) No building containing dwelling units shall henceforth
be constructed or moved onto a lot nor shall any existing building
be altered to contain any dwelling unit, unless the surface grade
of the front yard at the front wall of the building is more than one
foot, as an absolute minimum, above the center line of the road at
a point at right angles thereto; however, the grade limitations as
hereinbefore set forth in this chapter shall be used in all cases
whenever such design is practical in the judgment of the Zoning Administrator.
(2) Where the Zoning Administrator shall judge either
such relationship to be impracticable, he may require that the land
surface falls away on all sides of the structure to a level more than
10 inches lower than the level at the structure wall and at a grade
of not less than one foot in 100 feet.
(3) Topographic maps shall be required by the Planning
Board whenever it is necessary to properly and adequately determine
drainage requirements.
Height requirements shall be as specified in
the district regulations and as provided herein:
A. The height limitations for buildings shall not apply
to silos, barns and other farm structures; church spires, belfries,
domes or similar projections not used for human occupancy; nor to
chimneys, air-conditioning equipment, water tanks, antennas and other
necessary mechanical apparatus usually carried above roof level, all
of which apparatus shall be considered as structures and shall be
subject to the structural height limitations contained herein.