A.
Jurisdiction. The Planning Board shall have original
jurisdiction and power to grant a permit for a special permit use
on a particular site, without a finding of practical difficulties
or unnecessary hardship, but subject to the guiding principles and
standards and the special conditions and safeguards contained in this
article.
B.
Conforming use. A special permit use, which is granted
by the Planning Board pursuant to the provisions of this article,
shall be construed to be a conforming use.
C.
Procedure.
(1)
Application for a special permit use shall be made
directly to the Secretary of the Planning Board in the form required
by the Planning Board.
(2)
To be considered complete, an application must consist
of:
(a)
A completed, signed application form with any
required attachments.
(c)
All fees as prescribed in the schedule of fees
adopted by resolution of the Town Board to cover all review costs,
including but not limited to filing fees, engineering fees, legal
fees, planning fees and hearing notice fees.
[Amended 8-14-1986 by L.L. No. 5-1986]
(3)
An applicant may request an informal nonbinding presubmission
conference with the Planning Board to discuss the proposed special
permit use.
(4)
Upon receipt of a complete application, the Planning
Board shall, by motion duly adopted, fix a time not more than 45 days
later for a public hearing on the proposed special permit use and
shall provide for the giving of notice at least 10 days prior to the
date thereof, as follows:
(a)
By publishing a notice in the official newspaper.
(b)
By posting a notice of the hearing in at least
one public place.
(c)
By requiring the applicant to serve notice of
the date, time, place and substance of the hearing by certified mail,
return receipt requested, on all property owners within 200 feet of
the property on which such special permit use is proposed to be located.
(d)
By providing such other notice as may be required
by Article 12-B of the General Municipal Law or other applicable law.
No action shall be taken on applications referred to the Orange County
Planning Department until the Department's recommendation has been
received or until 30 days have elapsed after the Department received
the notice, whichever is earlier.
(5)
The Planning Board shall make findings and render
a decision on the application not later than 45 days after the public
hearing is closed, unless the time to render a decision is extended
by consent of the Planning Board and the applicant.
(6)
Every decision by the Planning Board granting a permit
for a special permit use shall clearly set forth the nature and extent
of such authorized use, shall be deemed to include any special conditions
and safeguards required by this article and shall set forth any additional
conditions to which the use shall be subject, given the Planning Board's
findings, in order to promote the purposes of this chapter and to
protect the health, safety and welfare of the neighborhood where the
special permit use is to be located and of the community in general.
(7)
Every decision by the Planning Board granting a permit
for a special permit use shall be deemed to provide for the annual
inspection of the premises by the Building Inspector upon reasonable
notice and for the payment by the permit holder of an annual inspection
fee. Said fee shall be in an amount established pursuant to a resolution
of the Town Board, as said resolution may be amended from time to
time, and shall be due by December 31 of each year.
(8)
In the event that an application for a special permit
use shall remain inactive for a period of 12 months, the same shall
be deemed abandoned. Nothing herein shall preclude an applicant from
reapplying to the Planning Board.
[Added 5-8-1997 by L.L. No. 4-1997[1]]
[1]
Editor's Note: This local law also provided
that it shall supersede any inconsistent provision of the Town Law.
(9)
Planning Board authority after approval of special permit.
[Added 10-21-2010 by L.L. No. 1-2010]
(a)
An annual review of a special permit may be required by the
Planning Board. If an annual review is required, a public hearing
shall first be set by the Planning Board to hear public concerns regarding
the special permit use. The Planning Board shall review the special
permit for compliance with applicable conditions and to address any
concerns that may have arisen since the special permit was first granted.
If the Code Enforcement Officer has issued a notice of violation relating
to the special permit, the Planning Board may call for a public hearing
at any time to review the special permit.
(b)
The Planning Board is authorized to modify the conditions of
a special permit or add new conditions in order to mitigate any adverse
effects of the use, as determined by the Planning Board, after the
permit holder is given notice and an opportunity to be heard.
(c)
A special permit may be suspended or modified by the Planning
Board if it is determined, after the permit holder is given notice
and an opportunity to be heard, that information was intentionally
misrepresented in order to obtain a special permit or that there has
been an abuse and/or misuse of the special permit.
(d)
The Code Enforcement Officer or the Planning Board may initiate
a proceeding before the Planning Board to review, modify or suspend
a special permit. Any suspension or modification of a special permit
may be appealed to the Town Board for a final determination within
30 days after filing of the Planning Board's determination in the
Town Clerk's office. An aggrieved party is required to exhaust administrative
remedies by appeal to the Town Board. If such appeal to the Town Board
is not timely made, then no judicial proceeding to challenge the Planning
Board's determination is permitted. Any judicial proceeding to challenge
the Town Board's determination shall be instituted within 30 days
after filing of the Board's determination in the Town Clerk's office.
A.
Special permit uses shall only be those expressly authorized and set forth in Article III of this chapter.
B.
For each special permit use, the Planning Board shall
determine the following:
(1)
That such use will be in harmony with and promote
the general purposes and intent of this chapter.
(2)
That the plot area is sufficient, appropriate and
adequate for the proposed use and the reasonably anticipated operation
and expansion thereof.
(3)
That the proposed use will not prevent the orderly
and reasonable use of adjacent properties in adjacent use districts.
(4)
That the site is particularly suitable for the location
of such use in the community.
(5)
That the characteristics of the proposed use are not
such that its proposed location would be unsuitably near to a school,
theater, recreational area or other place of public assembly.
(6)
That the proposed use conforms with this chapter's
definition of the special permit use, where such a definition exists,
or with the generally accepted definition of such use where it does
not exist in this chapter.
(7)
That access facilities are adequate for the estimated
traffic from public streets and sidewalks, so as to assure the public
safety and to avoid traffic congestion, and further that vehicular
entrances and exits shall be clearly visible from the street and not
be within 75 feet of the intersection of street lines at a street
intersection, except under unusual circumstances.
(8)
That there are off-street parking and truck-loading spaces at least in the number required by the provisions of Article IV but, in any case, an adequate number for the anticipated number of occupants, both employees and patrons or visitors, and further that the layout of the spaces and driveways is convenient and conducive to safe operation.
(9)
That adequate buffer yards and screening are provided
where necessary to protect adjacent properties and land uses.
(10)
That adequate provisions will be made for the
collection and disposal of stormwater runoff from the site and of
sanitary sewage, refuse or other waste, whether liquid, solid, gaseous
or of any other character.
A permit for any of the following special permit
uses shall be deemed granted subject to complying with the special
conditions and safeguards required by this section:
A.
Conversion of existing dwelling into apartments and/or
multifamily dwellings.
(1)
Each apartment must be a complete housekeeping unit,
consisting of at least a kitchen, one other room and a bathroom with
toilet facilities.
(2)
Each apartment must meet the minimum floor area requirements
set forth in the Table of Dimensional Regulations.[1]
[1]
Editor's Note: The Table of Dimensional Regulations is included at the end of this chapter.
C.
Summer cottages.
(1)
No building shall be located within 100 feet of any
lot line, highway, street or watercourse.
(2)
Premises shall be in single ownership and used for
recreational purposes only.
(3)
Each cabin or cottage shall not be used to accommodate
more than two families.
(4)
Each cabin or cottage shall comply with Orange County
Health Department requirements.
D.
Mobile home accessory to agricultural operation.
(1)
In addition to the main residence, one mobile home
may be placed on the premises for use only by full-time farm help.
(2)
The mobile home must be placed at least 100 feet from
the main residence and 150 feet from the nearest public road.
(3)
All requirements for one-family dwellings must be
complied with, except that the minimum habitable floor area per dwelling
shall be 720 square feet.
(4)
The mobile home must be removed within three months
after its use as a residence for full-time farm help is discontinued.
A bond or cash undertaking to cover the reasonably anticipated costs
of removal, including attorney fees for securing and/or enforcing
the bond or cash undertaking, shall be required of the applicant prior
to issuance of a building permit.
(5)
Renewal. A permit for a mobile home issued pursuant
to this subsection shall be valid until the end of the calendar year
and shall be renewable annually by the record owner of the premises
on which the mobile home is located. The renewal application shall
be submitted by November 1 of each year to the Building Inspector
in the form of a sworn statement stating that the use of the mobile
home as a residence for full-time farm help continues.
(a)
The Building Inspector shall review the renewal
applications and grant renewals for all permits for which a sufficient
statement has been received.
(b)
If for any reason a renewal application is deemed
insufficient, the permit holder shall be given at least 10 days prior
written notice to appear at the next Planning Board meeting to discuss
the matter.
(c)
Any permit for which a renewal has not been
granted shall be deemed to expire as of midnight on the last day of
the year.
E.
Multifamily dwellings.
(1)
The development must be served by central water and
central sewage systems.
(2)
Vehicular entrances and exits shall be clearly visible
from the street and located at least 125 feet from any intersection.
Where developments with dwelling units totaling 120 bedrooms or more
are proposed on a site, two or more permanent vehicular entrances
and exits shall be provided that meet municipal street standards for
dimension and construction, regardless of whether the entrances, exits
or intersecting street are offered for dedication as municipal streets.
[Amended 5-13-2004 by L.L. No. 3-2004]
(3)
Location.
[Amended 5-13-2004 by L.L. No. 3-2004]
(a)
No building, parking area, vehicular circulation area, storage area or recreation area required pursuant to Subsection E(9) below shall be located:
[1]
Within 100 feet of any lake, pond, or perennial
watercourse;
[2]
Within the FEMA-designated one-hundred-year
floodplain;
[3]
Within New York State regulated wetlands, including
the regulated adjacent areas, unless a permit has been received authorizing
the specific use and disturbance;
[4]
Within a federally regulated wetland unless
a permit has been received authorizing the specific use and disturbance,
or within 25 feet of a federally regulated wetland, unless the specific
use and disturbance is part of the wetland use and disturbance authorized
by permit;
[5]
On any portion of a lot where the existing grade
is sloped 25% or greater over a distance of 25 feet;
[6]
On any portion of a lot with a dimension of
less than 50 feet.
(b)
No stormwater management facility shall be located
within the FEMA-designated one-hundred-year floodplain or within New
York State regulated or federally regulated wetlands.
(4)
No building or attached row of townhouses shall exceed
160 feet in length.
(5)
The minimum distance between principal buildings shall
be as follows:
(6)
Any courtyard shall have a minimum linear dimension
of 60 feet.
(7)
Mix requirements.
(a)
For developments with only one- and two-bedroom
units, no more than 60% of the units may be two-bedroom units.
(b)
For developments with only one- and three-bedroom
units, no more than 60% of the units may be three-bedroom units.
(c)
For developments with one- , two- and/or three-bedroom
units, no more than 30% may be two-bedroom and no more than 30% may
be three-bedroom units.
(d)
For the purposes of this subsection, the term
"three-bedroom unit" shall be deemed to also include units with more
than three bedrooms.
(8)
Off street parking areas, service and drying yards
shall be suitably landscaped to assure an attractive environment within
the site.
(9)
There shall be provided on the same lot a suitably
equipped and landscaped children's play area containing not less than
400 square feet of ground area per each dwelling unit not restricted
to senior citizens. If any of the dwelling units are age-restricted
to senior citizens, there shall also be provided on the same lot a
suitably equipped and landscaped open space and recreation area or
areas containing not less than 400 square feet of ground area for
each such age-restricted dwelling unit. Unless specifically determined
otherwise by the Planning Board, such play area and recreation area
shall not be considered land suitable for Town park, playground or
other recreational purpose.
[Amended 5-13-2004 by L.L. No. 3-2004]
(10)
No more than nine bedrooms shall be permitted
per acre of lot area. For purposes of this requirement, lot area shall
not include land within a one-hundred-year FEMA floodplain, land within
federal or state wetlands or regulated adjacent areas, any portion
of the lot having a slope at 25% or greater, or any portion of a lot
with a dimension less than 50 feet. For purposes of this requirement,
a bedroom is any habitable room containing 60 square feet or more
that is not a kitchen, bathroom or living/dining room; and any bedroom
containing 180 square feet or more shall be deemed two bedrooms.
[Amended 5-13-2004 by L.L. No. 3-2004]
(11)
All drainage and soil standards found in Chapter 121, Subdivision of Land, shall be applied to multifamily dwellings by the Planning Board.
(12)
The Planning Board may limit the number of dwelling
units to be constructed during any one calendar year pursuant to an
approved application to a reasonable number in accordance with available
community facilities and the community's ability to provide such facilities.
Said number of dwelling units shall be detailed as part of the Planning
Board's approval in order to control the growth of the community to
the extent that public facilities such as roads, schools and utilities
will not be adversely impacted such that substantial damage will occur
to these facilities or that they will not be capable of serving the
public in an adequate manner.
G.
Mining and excavation. The Town Board hereby finds
that mining operations could result in adverse effects on the Town's
natural, community, physical and cultural resources, including but
not limited to community character, traffic, noise, damage to roads,
air quality, open space, agriculture, water quality and land forms.
The Board finds that mining operations include the mining site itself,
accessways to the mining site from public streets and the use of Town
roads by mineral transport vehicles. It is the intent of the Town
Board to ensure that mine sites are properly reclaimed; that Town
roads are utilized to the minimal extent, if at all, by mineral transport
vehicles; that Town roads used, damaged or deteriorated by mineral
transport vehicles are properly maintained and repaired by the mine
owner/operator; and that the residents and property owners in the
Town are not adversely affected by the mine operation or by use of
the accessways or Town roads by mineral transport vehicles.
[Amended 10-17-2013 by L.L. No. 4-2013[3]]
(1)
The following shall be submitted with the special
permit application for approval:
(a)
A time schedule for completion of either the
entire operation or of each stage of the entire operation.
(b)
The number and types of trucks and other machinery
to be used on the site.
(c)
A site plan and a rehabilitation plan, showing
both existing and proposed final contours after operations are completed.
(2)
All excavating shall conform to the following rules
and regulations:
(a)
The proposed operation shall not adversely affect
the soil fertility, drainage and lateral support of abutting land
or other properties nor shall it contribute to soil erosion by water
or wind.
(b)
Within 1,000 feet of any residence, there shall
be no operations of any kind from 7:00 p.m. to 7:00 a.m. on any day
nor at any time on Sundays and legal holidays of the state.
(c)
Where any open excavation will have a depth
of 10 feet or more and a slope of more than 30°, there shall be
a substantial fence approved by the Planning Board, with suitable
gates where necessary, effectively blocking access to the area in
which such excavation is located. Such fence shall be located 50 feet
or more from the edge of the excavation. All operations shall be screened
from nearby residential uses as required by the Planning Board.
(d)
There shall be adequate access to and from a
public street, without using said access for processing and loading
purposes, which shall not be located nearer than 200 feet to a lot
line. If located within 500 feet of a lot line, such access road shall
be provided with a dustless surface.
(e)
The top of the natural slope cut for any excavation shall not
be less than 100 feet from all lot lines and street lines. No mechanical
equipment shall operate within 100 feet of any lot line or street
line.
(f)
Where any excavation or part of any excavation
is within 200 feet of any abutting public road and results in a depth
below the level of such abutting road or increases the depth below
such abutting road, such excavation or part of such excavation shall
be restored to the elevation of such abutting road or to the highest
elevation of the land which existed prior to excavation.
(g)
After any such operation, the site shall be
made, reusable for a use permitted in the district. Where topsoil
is removed, sufficient arable soil shall be set aside for retention
on the premises and shall be respread over the premises after the
operation. The area shall be brought to final grade by a layer of
earth two feet thick or original thickness, whichever is less, capable
of supporting vegetation. Fill shall be of suitable material approved
by the Planning Board.
(h)
At all stages of operation, proper drainage
shall be provided to prevent the collection and stagnation of water
and to prevent harmful effects on surrounding properties.
(i)
In granting site plan approval, the Planning
Board may require that the owner or his agent post a bond, or an amount
to be deposited in a bank account, the amount to be determined pursuant
to a recommendation from the Town Engineer, sufficient to secure the
rehabilitation of the site in accordance with the approved site plan.
Such bond shall be approved by the Town Board as to form, sufficiency
and manner of execution and shall run for the same term as the term
of the site plan approval. In the event that the owner or his agent
does not fulfill the conditions of the bond, the Town may, after ten-day
written notice to the owner or his agent and to his bonding or surety
company, proceed to rehabilitate the premises in accordance with the
plan described above, either with its own forces or by contract, and
shall charge the costs to the owner, his agent and the bonding or
surety company, all of whom shall be jointly and severally liable.
(3)
All equipment and materials used in relation to the
mining operation shall be stored and maintained at least 100 feet
from all street and property lines, whether or not enclosed in a structure.
Screening of such equipment may be required by the Planning Board
where the adjacent property would be adversely affected by the storage
of such equipment. Nothing within this section may be deemed to include
the maintenance of equipment not owned by the person or corporation
using the site for a storage and maintenance base.
(4)
The Planning Board shall have authority to impose requirements and
conditions on a special use permit related to:
(a)
Ingress and egress to roads owned, maintained or controlled
by the Town, including size and weight limits of vehicles that use
Town roads for ingress or egress;
(b)
Routing of mineral transport vehicles on or away from roads
owned, maintained or controlled by the Town, including prohibiting
the use of Town roads unless required for local delivery.
(5)
The Planning Board shall have authority to impose as a condition
of a special use permit the requirement that the applicant post a
bond, in a form and amount satisfactory to the Town Board, to guarantee
proper maintenance and repair of Town roads that become damaged or
deteriorated through use by mineral transport vehicles.
(6)
With respect to a mining operation that also requires a permit from
the New York State Department of Environmental Conservation (DEC),
the Planning Board shall have authority to impose the same conditions
on a special use permit as the requirements and conditions specified
in the DEC permit concerning setbacks from property boundaries and
public road rights-of-way; natural or man-made barriers to restrict
access; dust control; hours of operation; and reclamation requirements
contained in the reclamation plan approved by DEC.
[3]
Editor's Note: This local law also provided for the severability of any section, subsection, provision or sentence, or part thereof, of § 137-28G if judged invalid, and that such would not affect the validity of any other part of § 137-28G. A complete copy of the local law is on file in the Town offices.
H.
Kennels.
[Amended 5-13-2004 by L.L. No. 3-2004; 12-6-2018 by L.L. No. 6-2018]
(1)
The following requirements apply to any use or premises which meets the definition of "kennel" set forth in § 137-3, regardless of the primary or principal use of the premises.
(2)
The minimum lot size shall be 10 acres.
(3)
All buildings, structures and facilities, including cages, exercise
areas and dog runs, where dogs are housed or kept for any period of
time shall be located at least 200 feet from each property line and
at least 300 feet from the nearest dwelling on another lot.
(4)
A kennel shall be separated from another kennel by at least 500 feet,
measured from the closest property lines of the subject kennels.
(5)
All kennel buildings, structures and facilities must be adequately
screened from neighboring properties and roadways. The adequacy of
such screening shall be determined by the Planning Board in its sole
discretion.
(6)
All buildings and structures where dogs are housed or kept shall
be fully enclosed.
(7)
All buildings and structures where dogs are housed or kept shall
be soundproofed or have sound abatement measures as required by the
Planning Board in order to protect the repose of neighboring property
owners and, to the extent practicable, prevent the sound of dog barking
beyond the property lines. When evaluating the requirements to impose
with respect to a particular kennel application, the Planning Board
may consider the facts and circumstances, such as location and size
of the property, topography, location of the buildings where dogs
are kept, the number of dogs, and any other matter deemed relevant
by the Planning Board.
(8)
All dogs shall be properly cared for, fed, watered and sheltered
from the elements. Adequately secured exercise areas or runs shall
be provided. Storage and disposal of fecal and other wastes and storage
of feed supplies shall be conducted in such a manner as to prohibit
any nuisance, odor, sanitary or health problems.
(9)
All dogs shall be kept inside an enclosed and soundproofed or sound-abated
building from 7:00 p.m. until 7:00 a.m.
(10)
All kennels and similar uses shall be subject to an annual inspection
by an animal control officer, Building Inspector or other person(s)
designated by resolution of the Town Board, and shall be subject to
such additional inspections deemed necessary by an inspector.
(11)
As provided in § 137-26C(9), the Planning Board possesses authority to review, modify or suspend a kennel special permit in order to ensure that all reasonable measures are taken to protect neighbors and the public interest, including but not limited to sound, odor and sanitary conditions.
I.
Self-service storage facilities.
[Added 5-8-2003 by L.L. No. 2-2003]
(1)
Site and design requirements.
(a)
Circulation and access. If the site is fenced,
the site access drive shall have the fence and its gate set back a
minimum of 40 feet from the fronting road. Internal site circulation
lanes shall be adequate in dimensional cross section, width and turning
radii to provide for the maneuverability of fire trucks. Aisle width
shall be a minimum of 23 feet total for either one-way or two-way
traffic flows.
(b)
Security. Provision shall be made for adequate
site security and access control. If the facility is gated, adequate
provision shall be made for access by emergency service providers
when the facility is closed. If fencing is provided, no barbed wire
or razor wire may be used. Such fence shall not exceed eight feet
in height. Notwithstanding the foregoing, the solid rear and/or side
wall(s) of a storage building or buildings may be incorporated into
a fence line for purposes of access control, subject to Planning Board
approval of the exterior finish and of other elements below. Solid
or decorative brick, stone, architectural tile, masonry or wood walls
may be used for fencing and screening purposes as approved by the
Planning Board. The placement of or incorporation of signs or other
advertising media on fences or walls is not permitted unless specifically
shown on the site plan and expressly approved by the Planning Board.
(c)
Appearance, screening, landscaping and lighting.
Care shall be taken to provide an aesthetically pleasing, well-landscaped
and maintained facility and to avoid a monotonous or fortress-like
appearance. Required yards shall be landscaped with a mix of trees,
shrubs of varying sizes and vegetative ground cover as appropriate
to the site and as approved by the Planning Board. The color, material
and design of structures, including roof pitch, shall be reviewed
by the Planning Board as to their conformity with surrounding structures
and community character if visible to other properties. Security lighting
shall be provided on the site but there shall be no glare or spillover
of light on to other properties.
(d)
Limits on building length and height.
[1]
Limit on building length: 220 feet.
[2]
Limit on building height: 15 feet for buildings with flat roofs or 23 feet to the top of the roof for buildings with pitched roofs, measured from the highest finished grade elevation at the side of the building fronting on a street (notwithstanding the definition of "building height" contained § 137-3 of this chapter).
(e)
Limits on storage and use. The following are
prohibited:
[1]
Storage or maintenance of radioactive, toxic,
explosive or controlled substances.
[2]
The servicing or repair of automotive equipment,
tools or machinery and the construction or fabrication of goods or
materials, either inside or outside the bounds of an individual storage
unit.
[3]
The operation of power tools, spray equipment,
compressors and other equipment.
[4]
Auctions, garage or tag sales or any other commercial
or private sales.
[5]
Rental or use of parking spaces as or for vehicular
storage spaces. Parking spaces shall be used only for temporary parking
by storage unit owners or lessees. Unenclosed storage of vehicles
or items, including but not limited to automobiles, motorcycles, trucks,
trailers, vans, recreational vehicles, campers, boats or watercraft,
is prohibited, unless the applicant demonstrates to the satisfaction
of the Planning Board that such vehicles or items will not be visible
from any off-site location because of existing conditions such as
topography or other permanent screening or proposed permanent screening.
Notwithstanding the foregoing, nothing in this subsection shall be
construed as permitting the unenclosed storage of wrecked, inoperable
or dismantled vehicles or parts thereof.
(f)
Limits on unit size. The maximum size of a storage
unit is 600 square feet. No person or tenant shall be permitted to
rent or lease more than a total of 1,800 square in a single facility
or in adjoining facilities under common ownership or control.
(g)
Drainage. Adequate drainage control measures
shall be provided on the site so that pre-development rates of off-site
flow are not increased. Provision shall be made for protecting the
quality of the surface water runoff from the site both during construction
and operation of the site.
(h)
Signs. The provisions of § 137-17 shall not apply to this use. Signs shall be permitted as follows: One ground-mounted or pole-mounted sign shall be permitted at the entry of the site. Such sign shall not be located so as to interfere with the visibility of traffic entering or exiting the site. The sign shall not be higher than 10 feet, as measured from grade to the top of the sign, and shall not exceed 36 square feet in area. No signage or other attention-getting device shall be mounted to the roofs, doors or sides of any structures on the site or to the site fence. On-site circulation signs shall be provided as needed subject to the review and approval of the Planning Board.
(2)
Accessory uses. A leasing office for the purpose of
leasing the storage units within the facility may be provided on the
site. In addition, a manager's apartment may be provided for the use
of a resident on-site manager. The combined total size of the manager's
apartment and the leasing office shall not exceed 1,200 square feet.
(3)
Parking requirements. Self-service storage facilities
shall provide a minimum of one parking space per 100 storage units.
In addition, one parking space per 200 square feet of gross leasing
office space, but not more than three parking spaces, shall be provided,
which parking spaces shall be located adjacent to the leasing office.
If an on-site manager's apartment is provided, two additional parking
spaces adjacent to the apartment shall be provided.
(4)
Separation requirements. In order to avoid an excessive
concentration of such facilities in the Town, the bounds of the lot
containing a self-service storage facility must be separated by 1,500
feet from the bounds of a lot containing any other self-service storage
facility or site approved for such facility.
J.
Antique shops, art studios or craft shops in existing
historic outbuildings.
[Added 5-13-2004 by L.L. No. 3-2004]
(1)
The structure must be accessory to an existing primary
residence and only one such structure on the lot may be utilized for
such purpose, except that more than one structure on a site may be
used with prior approval of the Zoning Board of Appeals.
(2)
Both the primary residential dwelling and the existing
historic outbuilding structure(s) must have been constructed prior
to 1955 in order to be deemed historic.
(3)
Overall lot size must be at least three acres and must comply with the then-existing district requirements for lot width. However, if said structure is located within a clustered subdivision approved by the Planning Board pursuant to Chapter 121 of the Town of Crawford Code, the lot size approved thereunder for that lot shall be deemed sufficient, provided that the covenants and restrictions pertaining to the cluster do not prohibit its use for this purpose. Such historic outbuilding shall not have frontage solely on a private road unless specifically approved for such use.
(5)
One parking space per 500 square feet of floor and
work area shall be provided.
(7)
Not more than 2,500 square feet of the ground floor
area of the structure shall be used for this accessory use, unless
additional area is approved by the Zoning Board of Appeals.
(8)
Instructional classes may be offered as an accessory
to an art studio or craft shop. Additional parking as approved by
the Planning Board shall be provided sufficient to provide for the
most intensive simultaneous use of the site, some of which may be
designated as temporary overflow parking where advisable based on
the characteristics, frequency and intensity of the use. Temporary
overflow parking areas need not be improved to the same standard as
the primary parking areas.
(9)
No outdoor display of any items shall be permitted
unless specifically approved by the Planning Board and shown for temporary
use on the site plan. Any area to be used for such temporary outdoor
display of items shall be specifically delineated on the plan. The
Planning Board may establish conditions on such display as it deems
reasonable and necessary. No outdoor display of items shall be permitted
when the facility is not open for business.
(10)
It is expressly prohibited to use any structure
approved pursuant to this section as an auction house.
(11)
Signage for such use shall be at the discretion
of the Planning Board, notwithstanding any other provisions to the
contrary. Signage shall be indirectly illuminated if illumination
is approved. Signage shall be attractive and permanently finished
and shall be designed in a style that is compatible with the buildings
to which they are accessory.
(12)
The Planning Board may establish any other conditions
that it deems reasonable and necessary to protect the character and
appearance of the site so that the use remains consistent with the
rural residential character of the site.
K.
Storage uses in existing historic outbuildings.
[Added 5-13-2004 by L.L. No. 3-2004]
(1)
The structure must be accessory to an existing primary
residence and only one such structure on the lot may be utilized for
such purpose. However, more than one structure on a site may be used
with prior approval of the Zoning Board of Appeals.
(2)
Both structures must have been constructed prior to
1955 in order to be deemed historic.
(3)
Overall lot size must be at least three acres and must comply with the then-existing requirements for lot width. However, if said structure is located within a clustered subdivision approved pursuant to Chapter 121 of the Town of Crawford Code, the lot size so approved for that lot shall be deemed sufficient, so long as the covenants and restrictions pertaining to the subdivision do not prohibit its use for such purpose. Such historic outbuilding shall not front solely on a private road unless such additional use of the outbuilding has been specifically approved for such use.
(5)
Such facilities are prohibited from storing or allowing
the storage of toxic, explosive, flammable, putrescible, or otherwise
dangerous or noxious materials that are incompatible with the public
health and safety or may pose a risk of groundwater or other environmental
contamination. Examples of items that are permitted for storage within
historic outbuildings include but are not limited to registered or
unregistered cars and trucks including parts thereof, agricultural
and silvicultural tools, agricultural and silvicultural equipment
and materials, furniture, garden tools and equipment, unoccupied camper
trailers and recreational vehicles but specifically excluding manufactured
permanent housing units, sporting goods and equipment, concrete forms,
and construction equipment and vehicles. The foregoing list is intended
to be illustrative and not inclusive.
(6)
No open storage is allowed. All items and materials
shall be stored completely within the confines of the historic outbuilding(s)
as approved pursuant to this section, and such historic outbuilding(s)
shall be maintained in good order consistent with the style and character
of the structure. Dividers may be erected within the building(s) as
may be needed in order to create separate internal storage areas;
however, the same shall be incorporated in the site plan, and the
Planning Board shall refer such plans for comments from the appropriate
fire district, requiring such reasonable modifications as may be needed
in order to ensure safe passage within the building so that reasonable
health and safety needs are met. In addition, no structure may be
converted for such use without compliance with the relevant sections
of the New York State Fire Prevention and Building Code, as may be
applicable.
(7)
No processing of materials, mechanical or other repair
work shall take place on the premises pursuant to this section.
(8)
One parking space per one per 500 square feet of floor
and work area shall be provided.
(9)
It is prohibited for any facility approved pursuant
to this section to be used as an auction house.
(10)
Signage for such use shall be permitted at the
discretion of the Planning Board notwithstanding any other provisions
to the contrary. Signage shall be indirectly illuminated if illumination
is approved. Signage shall be attractive and permanently finished
and shall be designed in a style that is compatible with the buildings
to which they are accessory.
(11)
The Planning Board may establish any other conditions
that it deems reasonable and necessary to protect the character and
appearance of the site so that the use remains consistent with the
rural residential character of the site.
L.
Residential use of existing historic outbuildings.
[Added 5-13-2004 by L.L. No. 3-2004]
(1)
The structure must be accessory to an existing primary
residence and only one such structure on the lot may be utilized for
such purpose. However, more than one structure on the lot may be used
for such purpose with prior approval of the Zoning Board of Appeals.
(2)
The structure must have been constructed prior to
1955 in order to be deemed historic. No more than three dwelling units
conforming to the then-current zoning law requirements for living
area per dwelling unit may be located within such historic outbuilding.
Construction and/or use of more than three units in such a structure
requires prior approval of the Zoning Board of Appeals.
(3)
Required lot size per dwelling unit contained within the outbuilding: the lot area required per unit for the then-current zoning in the applicable zoning district must be provided per unit. However, if said structure is located within a clustered subdivision approved by the Planning Board pursuant to Chapter 121 of the Town of Crawford Code, the lot size so approved for that lot shall be deemed sufficient, if planned as part of the clustered subdivision approval. If such use is accessible by a private road authorized pursuant to § 121-8 of the Town of Crawford Code, the number of dwelling units within said outbuilding shall count towards the private road improvement requirements, and any private road maintenance agreement shall include consideration of all dwelling units within a historic outbuilding using such private road.
(4)
Site plan approval is required, pursuant to Article VI of this chapter. The exterior finish, materials of construction and appearance of the outbuilding shall be disturbed as little as possible. If new or replacement exterior parts are required in the conversion of the outbuilding, they shall be of an appearance that is consistent with the age, style, and appearance of materials and design of the outbuilding. These requirements are not intended to prohibit the use of modern reproduction finishes and high-quality low-maintenance finishes and materials where appropriate, but such materials shall appear consistent with the site and its surroundings.
(5)
Parking areas and entryways to the converted outbuilding
should be sited unobtrusively. Where possible, other existing accessory
outbuildings may be used to provide enclosed parking for the residents
of the converted outbuilding.
(6)
The Planning Board shall impose building maintenance
requirements in order to ensure that the appearance of the building
is preserved in a manner that is consistent with the original approval.
M.
Auction house.
[Added 5-13-2004 by L.L. No. 3-2004]
(1)
The use shall be provided with sufficient on-site
parking meeting the same requirements as places of public assembly.
(2)
The Planning Board shall determine that the use will
create no traffic obstructions and no significant harmful traffic
impact. A traffic study may be required if the Planning Board deems
necessary to render this determination.
N.
Private school. Private schools, colleges and other
educational institutions.
[Added 5-13-2004 by L.L. No. 3-2004]
(1)
Elementary schools (K-3): Minimum lot area shall be
as outlined per student below.
|
Number of Students
|
Acres
| |
|---|---|---|
|
0 to 25
|
2
| |
|
26 to 50
|
3
| |
|
51 to 100
|
4
| |
|
Each 1 to 100 additional
|
1 additional
|
(2)
Elementary schools (K-6): Minimum of four acres for
up to 100 students; one additional acre is required for each additional
increment of 100 students or fraction thereof.
(3)
Secondary schools (7-12) and colleges. Minimum of
11 acres for up to 100 students; one additional acre is required for
each additional increment of 100 students or fraction thereof.
(4)
Access and circulation.
(a)
All schools shall construct access drive(s)
providing for safe and adequate ingress and egress to and from the
site complying with sight distance requirements for municipal road
intersections. However, if the Planning Board in its discretion shall
find that special circumstances in the area of a given site warrant,
greater sight distance than the minimum requirement may be required.
(b)
Safe and adequate internal vehicular site circulation
patterns shall be provided for cars and/or buses if applicable. If
a dropoff area is provided near the building, one-way traffic patterns
must be provided for the dropoff area. Internal circulation patterns
in the parking lot(s) and around the building shall minimize pedestrian/vehicular
conflict.
(5)
If outdoor play areas and/or fields for various sports
are provided then such play areas shall be located so as to avoid
creating a nuisance to adjoining property owners, and shall incorporate
physical separation, screening and other measures for this purpose.
No outdoor lighting shall be provided for playing fields without the
express approval of the Planning Board upon a finding that such lighting
will not create a nuisance nor a harmful visual impact that is inconsistent
with the surrounding neighborhood.
O.
Lawful existing summer camps and summer cottages.
[Added 5-13-2004 by L.L. No. 3-2004]
(1)
Any property lawfully in use as of January 30, 2004, for the purpose of a summer cottage development or summer camp shall be considered a lawful nonconforming use and may be continued, subject to and in accordance with the provisions of § 137-25 and the requirements below.
(2)
Such a summer cottage development may be approved
for additional summer cottages, but only within the boundaries of
the lot as it existed on January 30, 2004, and further subject to
the following conditions:
(a)
A map showing the location of all existing and
proposed buildings and installations shall be filed with and approved
by the Planning Board.
(b)
Sanitary and safety standards in accordance
with state regulations, and all Planning Board regulations and conditions
of approval shall be complied with.
(c)
The minimum distance between buildings shall
be 1 1/2 times the height of the taller of two such buildings,
but not less than 20 feet.
(d)
There shall be not more than two two-family
cottages per acre, or one two-family cottage and two single-family
cottages per acre, or four single-family cottages per acre.
(e)
Summer cottages shall be limited to occupancy
between Memorial Day and Labor Day in any year.
(3)
Where camp or cottage structures do not comply with
the foregoing standards, the Planning Board may require that such
existing buildings and installations be altered so as to comply with
such standards, as a condition of approval for the erection of additional
summer cottages.
P.
Bed-and-breakfast residence.
[Added 5-13-2004 by L.L. No. 3-2004]
(1)
The operator of the bed-and-breakfast residence establishment
shall be an owner of the property and an occupant of the single-family
residential dwelling to which the guest rooms are accessory.
(2)
A bed-and-breakfast shall be permitted accessory only
to single-family detached dwellings. However, in no case shall bed-and-breakfast
residences be permitted as an accessory to a single-family detached
dwelling having physical access only to a private road. The driveway
serving the bed-and-breakfast residence shall have direct physical
access to a public road.
(3)
Full vehicular turnaround for the single-family detached
dwelling and the bed-and-breakfast residence shall be provided unless
the Planning Board waives such turnaround requirement for lots having
frontage on an access to a minor street.
(4)
The establishment and operation of the bed-and-breakfast
residence shall not alter the appearance of the residence structure
as a single-family detached dwelling.
(5)
Not more than three bedrooms of the single-family
detached dwelling shall be permitted to be used for rental purposes.
Upon conversion of any portion of floor area in the single-family
residential dwelling to a bed-and-breakfast residence establishment,
the dwelling shall retain at least one bedroom for the exclusive use
for the owner of the dwelling to which the bed-and-breakfast residence
is accessory.
(6)
Room rental shall be for transient usage only. There
shall be a limit of not more than 14 consecutive days for the length
of stay by any guest.
(7)
The sanitary and water supply systems serving the
dwelling shall be found to be adequate to meet the needs of the dwelling,
together with the bed-and-breakfast residence use, and adequate waste
enclosures shall be provided to contain the solid waste generated
by the use.
(8)
Parking shall be provided to meet the residence requirement,
together with one additional space for each bed-and-breakfast bedroom.
(9)
Hard-surfaced walkways equipped with low-level lighting
shall be provided from the parking spaces to the bed-and-breakfast
residence entrance.
(10)
If any outside recreation or any other exterior
improvements exist or are planned to be constructed for use of the
guest of the bed-and-breakfast residence, those improvements shall
be part of the approved site plan.
(11)
Food service shall be limited to those renting
rooms.
Q.
Bed-and-breakfast inn.
[Added 5-13-2004 by L.L. No. 3-2004]
(1)
A bed-and-breakfast inn is not required to be the
principal residence of the operator. However, if a bed-and-breakfast
inn is not the principal residence of the operator, the Planning Board
shall require that adequate on-site supervision be provided. The bed-and-breakfast
inn shall provide a reception/office area, which need not be a room
dedicated solely to that purpose, but shall not be located within
a guest room.
(2)
The number of guest rooms permitted for rental in
a bed-and-breakfast inn shall be limited to 14 rooms.
(3)
Room rental shall be for transient usage only. There
shall be a limit of not more than 14 consecutive days for the length
of stay by any guest.
(4)
The appearance of the bed-and-breakfast inn shall
be compatible and consistent with the appearance of the residences
in its immediate neighborhood.
(5)
The driveway serving a bed-and-breakfast inn shall
have direct physical access to a public road. The inn shall not be
permitted to have direct vehicular access only to a private road.
(6)
Full vehicular turnaround for the bed-and-breakfast
inn shall be provided.
(7)
One parking space shall be provided for each full-time
employee and 1.25 parking spaces shall be provided for each guest
room.
(8)
Hard-surfaced walkways equipped with low-level lighting
shall be provided from the parking spaces to the bed-and-breakfast
inn entrance.
(9)
The sanitary and water supply systems serving the
structure shall be adequate to meet the needs of the use, and adequate
solid waste enclosures shall be provided.
(10)
If any outside recreation or any other exterior
improvements exist or are planned to be constructed for use of the
guests of the bed-and-breakfast inn, those improvements shall be shown
on the site plan submitted to the Planning Board.
(11)
Food service shall be limited to those guests
renting rooms at the bed-and-breakfast inn, unless otherwise specifically
approved by the Planning Board. In evaluating the option of allowing
food service to persons other than those guests renting rooms at the
bed-and-breakfast inn, the Planning Board shall consider the seating
capacity of the dining area(s) and the adequacy of parking. The Planning
Board shall require additional parking spaces beyond those required
for the guest rooms by applying the requirements for restaurants,
based on the seating capacity of the dining area(s). Where food service
is not limited to guests renting rooms at the bed-and-breakfast inn,
the Planning Board shall consider potential noise, odor and other
potential impacts on the surrounding neighborhood. The Planning Board
shall have the power to establish such reasonable conditions it deems
necessary, including but not limited to limits on hours of food service
operation.
R.
Automobile repair shop, filling station and gas station.
[Added 5-13-2004 by L.L. No. 3-2004]
(1)
No major repair work shall be performed out of doors.
(2)
Pumps, air compressors and other devices shall be
located at least 25 feet from the edge of existing street rights-of-way.
(3)
Tanks for fuel, oil, or similar substances shall be
stored underground or at least 50 feet from any lot line.
(4)
No more than two dismantled or partly dismantled vehicles
may be stored on the site. Such storage shall be within an opaque
fenced area and shall not be visible from ground level on adjacent
lots or a public street.
S.
Light industry in BP Zoning District.
[Added 8-14-2008 by L.L. No. 2-2008]
(1)
Building lot coverage shall not exceed 30% of total lot area.
(2)
The front yard setback shall be 125 feet from a Town or county highway
and 200 feet from a state highway.
(3)
The light industrial use is one of such a nature and so designed,
constructed and operated that there is no production of sound, heat
or glare perceptible at any lot line, and which emits no vibration,
smoke, dust, dirt, or toxic or offensive odors or gases.
(4)
Property and buildings to be used for light industrial purposes shall
be designed and laid out as to minimize disturbance to adjacent property
by such features as buffer fences, plantings and suitably located
points of traffic ingress and egress.
(5)
Any and all loading, unloading or deliveries shall be "off street"
and the facilities therefor shall be located at the rear or sides
of buildings that do not face the roadway.
(6)
The location, nature, design, and height of a building, its scale
with reference to its surroundings, and the nature and intensity of
the use, shall not have an adverse effect on the surrounding environment
nor discourage the appropriate and orderly development of other uses
that are permitted within the BP Zoning District.
(7)
Site lighting shall be shielded and directed to prevent glare or
spillover off the properties or on to residential properties.
(8)
Signs for advertising purposes shall be prohibited.
T.
Building trades and property maintenance trades.
[Added 10-21-2010 by L.L. No. 1-2010]
(1)
Incidental use. Such uses shall be incidental to an owner-occupied
principal residential use or agricultural operation.
(2)
Minimum lot size. A minimum lot size of 2 1/2 acres shall be
provided.
(3)
Outdoor storage. All parking, storage, display or placement of vehicles,
items and/or materials ("storage area") shall be screened from neighboring
properties and roadways, which screening is subject to approval by
the Planning Board.
(4)
Hours of operation. The Planning Board may set limitations on the
hours of operation related to when commercial vehicles may enter or
leave a site associated with the trade.
(5)
Off-street parking. No more than two nonresident employee vehicles
shall be parked on the site at any time.
(6)
Deliveries. The delivery of supplies associated with the business
shall be limited to no more than two deliveries per day.
(7)
Garages. Garages used for a trade shall be detached from the principal
residential structure but designed to complement the architecture
of the primary residence on the site. The following specific standards
shall apply to the construction of a garage used in conjunction with
the trade:
(a)
Design. The garage shall have the appearance of a detached garage
associated with a residence or barn associated with an agricultural
operation. The architecture, exterior materials, colors and height
of the garage shall be designed to complement the primary residence
or agricultural operation. The Planning Board may impose limitations
on the size of the garage to ensure it is not disproportional to the
size of the principal residential dwelling on the site.
(b)
Height. The height of a garage shall not exceed 35 feet.
(c)
Windows. Garages associated with a business or property maintenance
trade shall incorporate windows to give the appearance of residential
garage.
(d)
Garage placement. Garages shall be situated so that they are
no closer to the front lot line than the principal residential dwelling
on the site. Where feasible, garages shall be placed in the rear yard.
U.
Adult uses.
[Added 10-21-2010 by L.L. No. 1-2010]
|
NOTE:
| ||
|
Legislative statement of purpose and considerations.
| ||
|
(1) It is declared that the nature of certain land
uses, known as "adult uses," possesses characteristics which are likely
to cause serious secondary impacts on adjoining uses and which therefore
have a significant potential to adversely affect the quality and character
of the neighborhood in which they are located and the Town as a whole.
| ||
|
(2) The deleterious effects of such uses on adjoining
uses and properties have been demonstrated in numerous reports and
studies, including a report prepared for the nearby Village of Washingtonville,
which have been reviewed by the Town Board. The effects include increased
crime rates, depreciation of property values, deterioration of community
character and adverse impact on the quality of life in the surrounding
residential areas. Such effects are increased where adult uses are
located in close proximity to each other.
| ||
|
(3) The Town Board finds that many of the issues studied
in the reports are directly relevant and applicable to the circumstances
of the Town of Crawford, including overall trends in Orange County
and the ready availability of existing adult uses to residents of
the Town.
| ||
|
(4) Having reviewed the location and type of sensitive
land uses that exist in the Town, the Board finds that residential
uses and sensitive land uses are intermixed with business areas and
uses, that there is no discrete business area separated from residences
and sensitive uses, and that business areas and commercial zoning
districts are located along streets routinely traveled by school buses
to and from local schools and residences.
| ||
|
(5) Upon consideration of the aforesaid reports and
studies, and of the particular circumstances and patterns of land
uses in the Town of Crawford, it is declared that the deleterious
effect of such uses on adjacent areas and on the community are such
as to require special regulations in order to ensure that these adverse
effects will not create or contribute to the blighting or downgrading
of the surrounding neighborhoods or land uses in the Town.
| ||
|
(6) The prospect that such uses may locate in any of
the many areas of the Town where children regularly assemble is of
great concern to the Town of Crawford, due to the numerous reports
and studies which demonstrate that adult uses are often associated
with increased crime rates, deterioration of property, marginalization
of commercial areas, disorderly conduct and other blighting influences
that affect churches, schools and other community institutions serving
the children of the Town, and that such uses increase the potential
for minors to be exposed to images with explicit sexual content.
| ||
|
(7) The Town Board recognizes and affirms the rights
of speech and expression protected by both the federal and the state
constitutions, and acknowledges that such regulations must be subject
to strict scrutiny in order to determine whether they are consistent
with the spirit and intent of the constitutional protection of free
speech and expression.
| ||
|
(8) The Town Board recognizes that the only proper
and appropriate purpose of such regulation is to control such uses
as development per se and regulate adults uses so as to avoid or minimize
the secondary effects of such uses on surrounding properties and the
community, and that the Board has carefully considered the purpose
and objectives of these regulations so as to ensure that the nature,
breadth and burden of any restrictions imposed upon protected speech
and expression are the minimum necessary to achieve the legitimate
municipal objectives of the Town.
| ||
|
(9) The Board finds that such regulatory scheme and
implementing regulations strike an appropriate balance between necessary
restrictions and protected speech and expression.
| ||
|
(10) By adopting such regulations the Board does not
intend in any way to control the form or content of protected speech
and expression, or otherwise impose unreasonable burdens by virtue
of the zoning or planning regulations of the Town on those who wish
to participate in such forms of speech and expression, but rather
intends to protect the existing zoning scheme and the comprehensive
plan of the Town, which demonstrate the Town's longstanding objective
of protecting residential areas and other sensitive land uses from
the intrusion of similar secondary effects associated with commercial
uses that generate disorderly conduct, traffic, congestion, noise,
and trash.
| ||
|
(11) It is therefore declared that the regulations set forth in this Subsection U shall be adopted to accomplish the primary purpose of preventing and minimizing the deleterious effects of such uses on residential, recreational, civic, and neighborhood shopping areas of the Town and restricting their accessibility to minors.
| ||
(1)
ADULT USE
(a)
[1]
[2]
[3]
(b)
(c)
(d)
(e)
(f)
(g)
SENSITIVE USE
Definitions. As used in this subsection, the following terms shall
have the meanings indicated:
The use of any building, structure or land, or portion thereof,
for any purpose involving activities that are not open to the public
generally but exclude, or are required by law to exclude, any minor
by reason of age, or which sell products designed or intended for
use by adults, including but not limited to, the establishments defined
below:
ADULT BOOKSTORE OR VIDEO STOREAn establishment having as a substantial or significant portion of its stock-in-trade books, magazines, other periodicals, films, photographs, slides and/or video tapes, of which establishment a substantial portion is customarily not open to the public generally but excludes, or is required by law to exclude, any minor by reason of age. In determining whether a substantial portion of such establishment or stock is devoted to such materials or use, the following factors shall be considered:
The proportion of floor area allocated to such use that is not
available to the general public in comparison to the floor area that
is available to customers without restriction by reason of age;
The proportion of such materials maintained in space that is
not available to the general public in comparison to the floor area
that is available to customers without restriction by reason of age;
and
The total amount of floor space allocated to use that is not
available to the general public but which is restricted by reason
of age.
ADULT ENTERTAINMENT CABARETA public or private establishment which presents nude or seminude dancers, strippers, male or female impersonators or exotic dancers, or other similar entertainments, and which establishment is customarily not open to the public generally but excludes, or is required by law to exclude, any minor by reason of age.
ADULT MODELING/PHOTOGRAPHY STUDIOA modeling or photography studio which is not open to the public generally but excludes, or is required by law to exclude, any minor by reason of age or which engages in nude or seminude modeling or photography.
ADULT MOTEL/HOTELA motel/hotel which is not open to the public generally but excludes minors by reason of age, or which makes available to its patrons in their rooms films, slide shows or videotapes, which if presented in a public movie theater would not be open to the public generally but would exclude, or be required by law to exclude, any minor by reason of age.
ADULT THEATERA theater that customarily presents motion pictures, films, videotapes, slide shows, that are not open to the public generally but excludes, or is required by law to exclude, any minor by reason of age.
MASSAGE ESTABLISHMENTAny establishment having a fixed place of business where massages are administered, including but not limited to massage parlors, sauna baths and steam baths. This definition shall not be construed to include a hospital, nursing home or medical clinic or the lawfully established office of a duly licensed health care professional, such as a physician, surgeon, chiropractor, osteopath, or physical therapist, or barbershops or beauty salons in which massages are administered only to the scalp, face, neck or shoulders. This definition shall also exclude health clubs which have facilities for exercise, such as tennis courts, racquetball courts or exercise rooms, and which do not receive their primary source of revenue through the administration of massages.
PEEP SHOWSThe use of a building or a portion of a building to present material in the form of live shows, films or videotapes viewed from an individual room or similar enclosure which is not open to the public generally and which excludes, or is required by law to exclude, any minor by reason of age.
The use of a parcel of land for certain uses determined to
be by their nature particularly susceptible to the secondary impacts
of adult uses, such as existing residences; a public or private school;
church or other place of religious worship; cultural, civic or historic
use open to the general public; day-care use; park, playground, or
recreational facility open to the general public.
(2)
The following special conditions and safeguards apply to adult uses:
(a)
Adult uses shall comply with the following requirements as to
location:
[1]
No lot or parcel containing an adult use shall be located within
500 feet of any residential zoning district boundary or of any lot
or parcel on which is located a residence or for which an application
for land use or building permit approval of a residence was filed
prior to the date of filing of a conditional use permit application
for the adult use.
[2]
No lot or parcel containing an adult use shall be located within
500 feet of any lot or parcel on which is located a sensitive use.
[3]
No lot or parcel containing an adult use shall be located within
500 feet of any lot or parcel on which is located an adult use.
[4]
In determining location requirements pursuant to this subsection, all required distances shall be measured from the nearest lot line of the lots or parcels containing any of the uses in Subsection U(2)(a)[1], [2] or [3] to the nearest lot line of the lots or parcels on which the adult use is proposed to be located.
[5]
The property containing an adult use shall have frontage only
on a state highway.
(b)
The use shall be one which is specifically authorized as a use
in the district within which such particular site is located.
(c)
No more than one adult use shall be located on any lot.
(d)
The use shall comply with all applicable lot dimension, setback, parking and other requirements set forth in this chapter, including but not limited to site plan requirements of Article VI, in addition to the requirements herein, unless a variance with respect to such dimensional requirements has been duly issued by the Zoning Board of Appeals. If any reduction is proposed in the minimum distance requirements set forth in Subsection U(2)(a) above with respect to separation from other uses, such variance shall be considered as a use variance.
(e)
In considering the impact of the proposed plan on the development
of adjoining properties, the Planning Board shall consider only the
secondary impacts of the proposed adult use and make specific findings
with respect to such impacts. In doing so, the Board shall ensure
that the proposed use avoids, minimizes or mitigates any reasonably
foreseeable cumulative effect on the nature of the community and adjoining
properties, taking into consideration the proposed hours of operation,
other existing or proposed adult uses and similar uses with the potential
for deleterious effects on the community, including but not limited
to pool halls, bars, arcades or pawnshops.
(f)
The proposed site plan must avoid, minimize or mitigate any
demonstrated or potential impact of the proposed use upon community
services, such as fire protection, police, sanitation or public works.
(g)
Appropriate provision shall be made for access facilities adequate
for the estimated traffic from public streets and sidewalks, so as
to assure the public safety and to avoid traffic congestion. Vehicular
entrances and exits shall be clearly visible from the street and not
within 75 feet of the intersection of the street lines at a street
intersection except under unusual circumstances.
(h)
There shall be fully adequate parking areas and off-street truck
loading spaces, in conformity with the standards established in this
chapter and all other pertinent provisions of the Town Code, for the
anticipated number of occupants, employees and patrons and that the
layout of the parking spaces, truck-loading berths and interior driveways
is convenient and conducive to safe operation.
(i)
Adequate site lighting shall be provided while minimizing or
avoiding adverse impacts of lighting on adjoining properties. The
Planning Board may require a lighting plan that demonstrates where
the installation of outdoor or spot lighting is proposed or required
and may require that such lighting shall not shine directly upon any
abutting property.
(j)
Any proposed signs, displays, architectural design, or lighting
visible from any public street or right-of-way or from surrounding
properties shall be designed and constructed so as to conform to the
requirements of the Town Code and to avoid or mitigate to the maximum
extent practicable any reasonably foreseeable adverse effect of the
proposed use upon minor children passing by. Signs or displays shall
not include images containing nudity or seminudity or otherwise obscene
content.
(k)
The Planning Board may require a protective planting strip along
every side and rear lot line abutting an existing building, use, or
land zoned for residential purposes. Such planting strip shall not
be less than six feet wide, situated within any required side or rear
yard, designed and laid out with suitable plant material which will
attain and shall be maintained at a height to be stipulated by the
Planning Board, which height shall not be less than six feet nor more
than 10 feet, so as to provide an effective natural screen.
(3)
Nonconforming adult uses. Any adult use in lawful existence on the effective date of this Subsection U shall, within one year of such effective date, be either terminated or caused to comply with all provisions of this chapter. The owner of property containing such an adult use may apply to the Zoning Board of Appeals for an extension of said one-year amortization period for such additional time deemed necessary by the Zoning Board of Appeals for the adult use to recoup its expenditures. Failure to make such application to the Zoning Board of Appeals prior to expiration of the one-year period shall be deemed a waiver of this opportunity to seek an extension of the amortization period.
V.
Bed-and-breakfast residence in RA Zoning District.
[Added 3-21-2015 by L.L.
No. 2-2015]
(1)
The owner/operator of the bed-and-breakfast residence shall be an
owner of the property and a full-time occupant of the property, although
it is not required that the property owner reside in the building
containing the bed-and-breakfast establishment.
(2)
The establishment and operation of the bed-and-breakfast residence
shall not alter the residential appearance of the building. There
shall be only one principal building on the lot. New construction
shall have the appearance of a single-family dwelling. The appearance
of accessory structures shall be consistent with structures typically
accessory to a single-family dwelling.
(3)
The location of the property, the location of the bed-and-breakfast
structures on the property, the driveway location, other site conditions,
and the operation of the bed-and-breakfast business shall not adversely
affect neighboring properties or the character of the neighborhood.
In making this determination, the Planning Board shall have the maximum
discretion permitted by law.
(4)
For a bed-and-breakfast residence containing three or fewer guest
rooms, the minimum lot size shall be five acres. For a bed-and-breakfast
residence containing four or more guest rooms, the minimum lot size
shall be 10 acres.
(5)
All buildings containing a bed-and-breakfast guest room shall be
set back at least 200 feet from the center of the fronting roadway
and shall be set back at least 100 feet from the side and rear property
lines. In addition, for a bed-and-breakfast residence containing three
or fewer guest rooms, all buildings containing a guest room shall
be at least 200 feet from the nearest residence; and for a bed-and-breakfast
residence containing four or more guest rooms, all buildings containing
a bed-and-breakfast guest room shall be at least 300 feet from the
nearest residence.
(6)
Driveway access shall provide adequate ingress and egress for guests'
vehicles and emergency vehicles. The Planning Board shall have the
maximum discretion permitted by law to determine an appropriate driveway
location and surface, and shall consider the potential effect of the
driveway location on neighboring properties and residences. The Planning
Board shall have discretion to require a dustless surface for all
or a portion of the driveway.
(7)
Room rental shall be for transient occupancy only. A guest may stay
at the bed-and-breakfast residence for no more than 10 consecutive
days.
(8)
The only meal that may be offered by the bed-and-breakfast residence
is breakfast, and that meal shall be limited to guests only. There
shall be no cooking in any guest room.
(9)
The maximum number of guest rooms permitted in the bed-and-breakfast
residence is six. The guest rooms may be located in more than one
building on the property.
(10)
There shall be no parking in the required front yard. At least
one parking space per guest room, two parking spaces for the property
owner, and one parking space per employee or staff member shall be
provided.
(11)
One nonilluminated sign no larger in area than two square feet
stating the name, address and phone number of the bed-and-breakfast
residence is permitted. Such sign shall be placed as close as possible
to the intersection of the driveway and the fronting road, but shall
not interfere with sight distance.
(12)
All exterior lighting shall be consistent with a typical single-family
residence, except for lighting in parking areas. Lighting in parking
areas shall contain horizontal cutoff shields and shall be limited
to no more than 2.0 footcandles.
(13)
The water supply and wastewater facilities shall be adequate
to accommodate the bed-and-breakfast operation. The Board may require
the applicant to demonstrate that such facilities are adequate.
(14)
The site and buildings used as the bed-and-breakfast establishment
shall comply with all building code, fire code and other applicable
regulations.
(15)
Motorized recreational vehicle use by guests is prohibited.
(16)
If the lot size is at least 10 acres, then outdoor events, functions
or gatherings may be permitted at a bed-and-breakfast residence at
the sole discretion of the Planning Board. In making this determination,
the Planning Board may consider lot size and shape, distance between
the outdoor gathering area and neighboring residences, the potential
for noise or other disturbance of neighboring residences, natural
screening, parking and access, and any other factor deemed relevant
by the Planning Board. In making this determination, the Planning
Board shall have the maximum discretion permitted by law.
W.
Hotels and motels.
[Added 3-21-2015 by L.L.
No. 2-2015]
(1)
Room
rental shall be for transient occupancy only. A guest may stay at
a hotel or motel for no more than 30 consecutive days and for no more
than a total of 30 days within a five-week period. This restriction
shall apply to all existing and new hotels and motels.
(2)
In
the O-R (Office-Residence) Zoning District, a hotel or motel shall
not have more than 25 guest rooms.
[Added 11-16-2023 by L.L. No. 3-2023]
X.
Affordable
multiple dwellings in BP-Hamlet Zoning District.
[Added 7-21-2022 by L.L. No. 1-2022]
(1)
All
dwelling units shall be affordable to lower-income or moderate-income
persons pursuant to income levels determined by New York State and/or
federal agencies.
(2)
The provisions and requirements of § 137-28E shall not apply. Notwithstanding the bulk requirements contained in the Table of Dimensional Regulations for the BP-Hamlet Zoning District, the bulk requirements shall be as follows:
(a)
Minimum lot size: two acres.
(b)
Minimum lot width: 100 feet.
(c)
Minimum front yard setback: 75 feet.
(d)
Minimum side yard setback (each): 25 feet.
(e)
Minimum rear yard setback: 40 feet.
(f)
Maximum building height: 35 feet.
(g)
Maximum building coverage: 40%.
(h)
Minimum distance between buildings: as determined by the Planning
Board during special permit review.
(i)
Density: 20 dwelling units per gross acre.
(k)
Mix of dwelling units: One three-bedroom dwelling unit is permitted
for a caretaker. The remaining dwelling units shall be either one-bedroom
units or two-bedroom units.
(l)
Parking requirement: one space per dwelling unit.
(3)
Municipal
water and sewer service must be available to service the site.
