The uses specified in this article are hereby declared to possess unique characteristics requiring that each proposal for any such use shall be considered by the Zoning Board of Appeals as an individual case. Upon application complying with the requirements of Article IV, a special permitted use permit may be approved by the Zoning Board of Appeals and issued by the Code Enforcement Officer (CEO) in accordance with the administrative procedures set forth in Article IV and only after the Zoning Board of Appeals has determined that each and all of the following standards have been met:
A.
The proposed special permitted use is consistent with
the general intent of the Town's Comprehensive Plan and with the specific
purposes set forth in this chapter.
B.
The location, size and use of the structures involved,
nature and intensity of the operations involved and size and layout
of the site in relation to the proposed special permitted use are
such that it will be compatible with the orderly development of the
zone district.
C.
The operation of the proposed special permitted use
is no more objectionable to the uses of nearby properties, by reason
of dust or smoke emission, noise, odors, fumes, pollution of air or
water, including subsurface waters, unsightliness or similar conditions,
than would be the operation of any permitted use.
D.
The proposed special permitted use satisfies each
and all standards and conditions specified for such special permitted
use by the relevant provisions of this article.
E.
The Zoning Board of Appeals may impose additional
conditions or restrictions as it may deem necessary prior to approving
any special permitted use permit application in order to protect public
health and safety, the quality of the Town's natural resource base
and the value of property. The CEO shall make an on-site visit to
each property authorized as a special permitted use not less than
one time each year. The purpose of said site visit is to ensure that
the use is being operated in accord with the conditions specified
by the Zoning Board of Appeals. If the CEO determines that a violation
of this chapter or the conditions imposed by the Zoning Board of Appeals
exists, the certificate of occupancy and/or certificate of compliance
shall be null and void. A new special permitted use permit application
shall be required to be submitted and approved prior to the reestablishment
of said use.
F.
No site preparation or construction shall commence
nor shall existing structures be occupied for any special permitted
use until final site plan approval has been granted by the Planning
Board and permits have been issued by all governmental agencies involved.
G.
Any structure proposed to be erected, reconstructed
or structurally altered to accommodate a specially permitted use shall
comply with the New York State Uniform Fire Prevention and Building
Code.
[Amended 12-1-1998; 9-7-2010 by L.L. No. 1-2010]
A.
Farmworker housing to support an individual agricultural operation
is permitted within the AC Agricultural Conservation, the RR Rural
Residential, the MD Medium Density Residential and the HD High Density
Residential Districts, and in other zoning districts when the farmworker
housing is used in support of a farm operation as defined in Article
25AA, Section 301.11 of New York State Agriculture and Markets Law
and located within a certified agricultural district. Such housing
may be either temporary (intended for seasonal use) or permanent and
intended for year-round use by full-time employees other than an owner
or partner of the farm operation.
B.
Farmworker housing in support of a farm operation as defined in Article
25AA, Section 301.11 of New York State Agriculture and Markets Law
and located within a certified agricultural district. Such housing
shall be subject to site plan review by the Planning Board and subject
to the following standards and conditions. All other farmworker housing
shall, in addition to site plan review by the Planning Board, require
a special permit from the Zoning Board of Appeals. The maximum number
of farmworker housing units allowed in support of an individual agricultural
operation shall be based on:
(1)
Justification of need for the number of dwelling units requested.
This justification is to be based on, among other items, full time
employment by one or more persons living as a family in the farmworker
dwelling unit and deriving their principal income from the individual
agricultural operation for which the housing is requested.
(2)
A farmworker housing unit shall only be occupied during the planting,
growing and harvesting season for the agricultural operation. At all
other times the farmworker housing unit shall be secured and maintained
in a state of good repair.
(3)
No farmworker housing unit shall be used, leased or rented to another
person if that person does not have a legal interest established with
the individual agricultural operation.
(4)
All farmworker housing units shall be located on the same parcel
as the individual agricultural operation. This provision shall not
exclude arrangements whereby farmworker housing is shared by two or
more individual agricultural operations.
(5)
All farmworker housing units shall comply with the standards of the
State Uniform Fire Prevention and Building Code.
(6)
All farmworker housing units shall have a septic system approved
by the Monroe County Department of Health, or an approved connection
to a public sewer system.
(7)
All farmworker housing units shall have a driveway to a public highway.
To the extent possible, this driveway shall be combined with the driveway
for the owner of the individual agricultural operation and any other
driveways for all other farmworker housing units associated with said
individual agricultural operation.
(8)
All farmworker housing units shall have a designated area for parking
of at least one vehicle per housing unit. This parking area shall
be located adjacent to, or within 100 feet from, the main entrance
to each farmworker housing unit. All such parking area(s) shall be
adequately screened or buffered from existing dwelling units or adjacent
residential zoned land.
(9)
All farmworker housing units shall be anchored to a concrete pad
or attached to a building foundation.
(10)
All farmworker housing units that contain 980 square feet or
less shall have a designated storage area of at least 1,600 cubic
feet (10 feet by 20 feet by eight feet). The storage area shall be
separate from the farmworker dwelling unit and screened or buffered
from existing dwelling units or adjacent residential zoned land.
(11)
All farmworker housing units shall be located on that portion
of an actively farmed site which the Planning Board had determined
would cause the least disruption to continued farming operations.
The basis for this determination will include an overall site plan
identifying the land needed for production and the land needed in
support of said production.
(12)
The maximum land area to be used for farmworker housing units
shall not exceed 5% of the total area of the parcel.
(13)
All farmworker housing units, regardless of the zone district,
shall be subject to the front, side and rear setback standards specified
in Schedule I[1] for principal buildings in the AC Agricultural Conservation
District.
[1]
Editor's Note: Schedule I is included at the end of this chapter.
C.
The Zoning Board of Appeals shall require the applicant to prepare
and submit an agricultural data statement for all farmworker housing
units. The data statement shall be referred to the Agricultural Advisory
Committee and to the Monroe County Department of Planning and Development
as part of any required referral under the provisions of §§ 239-l
and 239-m of the General Municipal Law. Said statement will be used
to identify the level of agricultural operations occurring within
500 feet of the site for which the special permitted use permit is
requested. Said data statement shall also be used to give notice to
adjacent property owners of the request for a special permitted use
permit.
[Amended 12-1-1998; 9-7-2010 by L.L. No. 1-2010; 8-16-2011 by L.L. No. 2-2011]
The Zoning Board of Appeals may approve a permit for animal
boarding and/or breeding and/or kennel facilities within the AC Agricultural
Conservation, RR Rural Residential and MD Medium Density Districts,
provided that the following standards and conditions are maintained:
A.
The minimum
size parcel of land shall be five acres.
B.
An enclosed structure shall be provided for each animal to be boarded.
C.
No animal boarding or kenneling structure shall be located closer
than 150 feet to a residential structure on an adjacent lot.
D.
No animal boarding or kenneling structure shall be closer than 150
feet to the front lot line and 100 feet to a side or rear property
line.
E.
No outdoor runs or open exercise areas shall be visible from any
adjacent residential zoned site. All openings from the enclosed structure
to the exercise area shall be screened and buffered from any adjacent
residential sites.
F.
No outdoor storage of feed shall be permitted.
G.
No outdoor storage of animal waste shall be permitted.
H.
No deceased animals shall be buried on the premises.
I.
An exercise area shall be provided for each animal. The size of such
exercise area shall be based on standards accepted by a nationally
recognized animal husbandry organization.
J.
Each application for a special permitted use permit for animal boarding
and/or breeding and/or kenneling shall be accompanied with a sketch
plan showing buildings on the site, exercise area, dumpster, method
of animal waste disposal, water supply and watercourses, access, parking,
landscaping, site lighting and signage. Similar structures and features
on adjacent properties developed for residential purposes shall be
shown on the sketch plan if they are located within 100 feet of the
site for which the special permitted use permit is being requested
K.
All outdoor exercise areas shall be enclosed by a fence of adequate
height to contain the animal being boarded or kenneled.
L.
Provisions for horse boarding operations as defined by the New York
State Department of Agriculture and Markets and located within a certified
agricultural district.
(1)
Horse boarding operations located within a certified agricultural
district shall not require a special use permit.
(3)
Animal waste storage areas or facilities shall be located a minimum
of 100 feet from any lot line, stream, pond or water supply well.
(4)
Building setbacks shall conform to the requirements for principal
and accessory uses in Schedule I.
[Amended 12-1-1998]
The Zoning Board of Appeals may approve a permit
for the establishment and operation of a cemetery within the AC Agricultural
Conservation, RR Rural Residential and MD Medium Density Residential
Districts, provided that the following standards and conditions are
maintained:
A.
A new cemetery shall contain at least 10 acres of
land. An existing cemetery may be increased in size, provided that
land being added contains a minimum of three acres of land; is located
adjacent to an existing cemetery; and is not separated from the existing
cemetery by a public highway, or other public right-of-way.
B.
No site preparation or use shall commence until final
site plan approval has been granted by the Planning Board and permits
have been issued by all governmental agencies involved. Among the
features to be considered by the Planning Board as part of any site
plan approval shall be:
(1)
The adequacy of the site to allow for the safe and
efficient off-street parking of vehicles being used as part of a funeral
procession;
(2)
The availability of an internal vehicle circulation
pattern to permit ingress and egress from the same point of access
to a public highway;
(3)
The method of water supply;
(4)
The location of trash receptacles;
(5)
The location of compost pile, bin or storage facility
for plant materials and the screening of all such facilities; and
(6)
The overall landscaping plan for the entire site.
C.
Each cemetery shall maintain at least a ten-foot open
area, around the perimeter of the property, that is to be mowed and
landscaped.
D.
Each cemetery shall provide a maintenance building
to be used for the storage of all equipment and materials being used
in the maintenance of the cemetery.
E.
Each cemetery shall provide an off-street parking
area to accommodate a minimum of five vehicles per acre of land. This
parking area shall be centrally located for the use of all persons
visiting the cemetery facility. If it is not practical to provide
a centralized off-street parking area, the applicant may propose an
alternative plan to ensure convenient access to grave sites for visitors
for consideration and approval by the Planning Board. All off-street
parking areas shall be landscaped to the satisfaction of the Planning
Board.
F.
Each cemetery shall maintain and post the hours of
operation and use by the public including a phone number for people
to call for information or to report an incident.
[Amended 12-1-1998]
The Zoning Board of Appeals may approve a permit
for essential services for area utility services as defined and regulated
in each district, provided that the following standards and conditions
are maintained:
A.
The proposed improvement is necessary and convenient
in the specific location for the efficiency of the utility service
or the satisfactory and convenient provision of service to the area
in which the particular use is located.
B.
The design of any building in connection with such
facility shall conform to the general character of the area and shall
not adversely affect the safe and comfortable enjoyment of property
rights in the district in which it is to be located.
C.
The proposed improvement shall not create communication
interference to the detriment of adjacent property owners.
D.
All parking areas for utility vehicles and employee
vehicles shall be adequately screened and buffered from adjacent properties.
E.
All materials and equipment used in conjunction with
the utility service shall be located within an enclosed structure.
If such an enclosure is not practical, such use shall be effectively
screened and buffered from adjacent properties.
F.
All utility sites shall have adequate and attractive
fences and other safety devices provided, including security site
lighting, as may be deemed appropriate by the Zoning Board of Appeals.
No site lighting shall be permitted to create glare or to illuminate
any adjacent land.
G.
A landscaped buffer strip of not less than 15 feet
in depth shall be provided around the perimeter of the property proposed
for such use.
[Amended 12-1-1998]
The Zoning Board of Appeals may approve a permit
for a two-family dwelling within the HD High Density District, provided
that the following standards and conditions are maintained:
A.
The minimum lot size, width and setback requirements
for a two-family dwelling shall conform to the specifications set
forth in Schedule I of this chapter.[1]
[1]
Editor's Note: Schedule I is included at the end of this chapter.
B.
Each dwelling unit within a two-family structure shall meet the minimum living area requirements established for single-family dwellings in accord with the provisions of § 165-34E(2).
C.
Each dwelling unit within the structure shall be served
with separate utility meters, shut-off valves and waste disposal facilities.
D.
Each dwelling unit in a two-family structure shall
have its own driveway access to a public street. Such driveway shall
have an improved asphalt or equal hard top surface.
E.
In instances where eight or more two-family dwelling
structures are planned as part of a land subdivision, the Zoning Board
of Appeals shall carefully consider the need for a marginal frontage
road to be provided between the structures and the public street.
F.
Each two-family dwelling structure shall have not
less than two off-street parking spaces for each residential unit
in addition to a separate garage for each individual living unit.
These parking spaces may be designed as part of the driveway and turnaround
area.
G.
Each two-family dwelling structure shall be landscaped
to effectively screen dissimilar uses from one another and to protect
and enhance the overall quality of the existing neighborhood.
H.
The Zoning Board of Appeals shall review and approve
the amount and location of landscaping and buffer screening to be
provided.
I.
The Zoning Board of Appeals shall determine that the
neighborhood character of the site proposed for two-family dwellings
is appropriate for such use and that plans for water supply, sewage
disposal and storm drainage are capable of serving the proposed use.
J.
The Zoning Board of Appeals shall determine that the
street system serving the site is adequate to carry the anticipated
traffic flows and that the proposal will not create a burden or nuisance
for adjoining property owners.
K.
The facade of a two-family dwelling structure that
fronts on a public street or highway shall be designed in such a manner
as to give the appearance that the building is a single-family dwelling
structure.
L.
No site preparation or construction shall commence
until final site plan approval has been granted and permits issued
by all governmental agencies involved.
[Amended 12-1-1998]
The Zoning Board of Appeals may approve a permit
for a church, a parish house and convent within the RR Rural Residential,
the MD Medium Density Residential and the HD High Density Residential
Districts, provided that the following standards and conditions are
maintained:
A.
The minimum land area shall be three acres.
B.
Each special permitted use shall have only a single
point of access to each public street on which the use may have frontage.
All off-street parking shall be designed to complement the internal
circulation pattern and the point, or points, of access to the property.
C.
Off-street parking shall be provided in accordance
with the requirements set forth in Schedule II of this chapter.[1]
[1]
Editor's Note: Schedule II is included at the end of this chapter.
D.
Off-street parking shall be adequately illuminated,
landscaped and buffered from adjacent residential sites.
E.
If a bus is to be used as part of the operation of
the special permitted use, a designated parking area shall be provided
for the storage of said vehicle. Such parking area shall be located
behind the principal building and landscaped and buffered from any
adjacent residential site. No unregistered vehicles shall be permitted
to be stored on any property for which a special permitted use permit
has been approved. Should any special permitted use require more than
one bus to be used as part of the operations, the operator shall provide
a separate designated parking area for each vehicle.
F.
Site lighting shall be provided as part of any special
permitted use. Such lighting shall not illuminate adjacent residential
sites. Site lighting shall be restricted to providing adequate security
lighting for the property after the public use of the property has
been concluded.
G.
All activities of the special permitted use shall
be stated in the terms and conditions of the approval that may be
granted by the Zoning Board of Appeals. If the applicant proposes
outdoor use of the property, the site plan should identify that portion
of the site where such activities are to occur. Prior to the approval
of any outdoor use of the property, the Zoning Board of Appeals shall
consider how such outdoor use will impact on neighboring areas. The
Zoning Board of Appeals shall evaluate such concerns as noise, traffic
congestion, traffic safety, off-street parking and neighborhood security
as part of its process of deliberation.
H.
All special permitted uses shall provide acceptable
facilities for the storage of trash. In no instance shall any trash
be stored outside of enclosed containers. All outdoor storage facilities
shall be landscaped to the satisfaction of the Planning Board as part
of site plan review.
I.
All special permitted uses to be served by a septic
system shall be designed for the specific use and approved by the
Monroe County Department of Health.
J.
All special permitted uses shall maintain an open
area of not less than 20 feet in depth around the perimeter of the
property. This area is to be mowed and landscaped.
[Amended 12-1-1998]
The Zoning Board of Appeals may approve a permit
for public or parochial school, public library or public museum within
the RR Rural Residential, the MD Medium Density Residential and the
HD High Density Residential Districts, provided that the following
standards and conditions are maintained:
A.
The minimum land area for a public or parochial school
shall be 20 acres.
B.
The minimum land area for a public library or public
museum shall be three acres.
C.
Public or parochial schools shall be served by public
water and public sewer service.
D.
Public or parochial schools shall be located within
three miles of an existing fire station.
E.
All off-street parking serving such uses shall be
provided as specified in Schedule II of this chapter.[1] Said parking shall be located in the side or rear portions
of the site. Each off-street parking area shall be illuminated, landscaped
and buffered from any adjacent residential site.
[1]
Editor's Note: Schedule II is included at the end of this chapter.
F.
All outdoor recreation areas shall be maintained in
the rear and/or side yard areas. Where such facilities are to be located
adjacent to a residential site, berms with landscaped plantings shall
be installed along the borders to mitigate the effects of noise on
the adjacent residential sites.
G.
Busing operations, including dropping off or picking
up children and the possible need for a school bus garage facility,
shall be considered as part of the review of the site plan by the
Planning Board. In the review of said site plan, the Planning Board
shall attempt to mitigate the impact of such operations from the balance
of the site and from any adjacent residential sites.
H.
All such special permitted uses shall be handicapped
accessible and designed to meet the requirements of the Americans
with Disabilities Act.
[Amended 12-1-1998]
The Zoning Board of Appeals may approve a permit
for a public or private golf course, excluding indoor recreation facilities,
within the AC Agricultural Conservation, RR Rural Residential and
MD Medium Density Residential Districts, provided that the following
standards and conditions are maintained:
A.
The minimum lot size shall be 50 acres for a nine-hole
course or for an "Executive Par 3" course.
B.
The minimum lot size shall be 100 acres for an eighteen-hole
course.
C.
A golf driving range may be permitted as an accessory
use to a golf course. The driving range shall not be operated as a
separate use.
D.
The golf course shall be designed to minimize stray
golf shots from crossing onto private properties or public rights-of-way.
An open buffer area of not less than 20 feet in depth shall be provided
along the boundaries of the golf course property. This open area shall
contain natural growth or vegetation as well as small signs identifying
the property.
E.
A restaurant serving alcoholic beverages may be permitted
as an accessory use to a golf course.
F.
Any seasonal use of the golf course for such activities
as cross country skiing or snow mobile trails shall be subject to
Zoning Board of Appeals approval. The operator shall submit a proposed
site plan to the Planning Board delineating the locations proposed
for such activities.
[Amended 12-1-1998; 4-15-2003]
The Zoning Board of Appeals may approve a permit
for adult day-care, child-care facilities and nursery schools within
the RR Rural Residential, the MD Medium Density Residential, the HD
High Density Residential, the RB Restricted Business and the GC General
Commercial Districts, provided that the following standards and conditions
are maintained:
A.
The applicant has obtained all of the requisite governmental
approvals to operate the proposed facility.
B.
The building shall meet the requirements of the New
York State Uniform Fire Prevention and Building Code.
C.
The proposed use shall comply with the minimum lot
size and yard requirements specified in Schedule I[1] for the zone district in which the proposed use is to
be located.
[1]
Editor's Note: Schedule I is included at the end of this chapter.
D.
On-site recreational facilities shall be provided
and maintained for the exclusive use of clients. Recreational areas
shall be physically separate from on-site parking areas or driveways
and screened from adjacent properties.
E.
Off-street parking shall be provided as required in
Schedule II of this chapter.[2] All off-street parking shall be illuminated, adequately
screened from adjacent residential sites and available for use by
visitors and employees.
[2]
Editor's Note: Schedule I is included at the end of this chapter.
F.
No off-street parking areas shall be allowed in the
front yard except for child-care use operated in conjunction with
a single-family dwelling and regulated by the New York State Department
of Social Services.
[Amended 12-1-1998]
The Zoning Board of Appeals may approve a permit
for a funeral home within the RR Rural Residential and the MD Medium
Density Residential Districts, provided that the following standards
and conditions are maintained:
A.
The applicant has obtained all of the requisite governmental
approvals to operate the proposed facility.
B.
The proposed use shall comply with the minimum lot
size and yard requirements specified in Schedule I[1] for the zone district in which the proposed use is to
be located.
[1]
Editor's Note: Schedule I is included at the end of this chapter.
C.
The Zoning Board of Appeals shall determine that the
street on which the funeral home is proposed is capable of carrying
the volume of traffic likely to be generated by the proposed use.
To the extent practical, funeral homes should be located such that
traffic associated with this land use does not flow through adjacent
residential neighborhoods.
D.
Off-street parking shall be provided as required in
Schedule II of this chapter.[2] All off-street parking shall be illuminated, adequately
screened from adjacent residential sites and available for use by
visitors and employees.
[2]
Editor's Note: Schedule II is included at the end of this chapter.
E.
In addition to the off-street parking required for
visitors and guests, each funeral home site shall have a separate
area for employee parking.
F.
Each off-street parking area shall be designed so
as to accommodate the assembly of vehicles to be used in a funeral
procession. This assembly area shall be provided in addition to the
required space for off-street parking. Each assembly area shall contain
a minimum of 1,200 square feet.
G.
A caretaker's residence may be provided within the
main building of the funeral parlor.
H.
Loading and unloading areas used by ambulances, hearses
or other such service vehicles shall be screened from adjacent residential
uses with a wall or densely planted shrubs of six feet in height.
[Amended 12-1-1998]
The Zoning Board of Appeals may approve a permit
for tourist homes within the AC Agricultural Conservation, RR Rural
Residential, MD Medium Density Residential, HD High Density Residential
and the WF Waterfront Residential Districts, provided that the following
standards and conditions are maintained:
A.
Tourist homes shall be owner operated and meet the
minimum lot size, frontage and setback requirements as specified in
Schedule I.[1]
[1]
Editor's Note: Schedule I is included at the end of this chapter.
B.
The building proposed for occupancy as a tourist home
shall contain no more than six lodging rooms for hire, in addition
to the owner's dwelling area which shall conform with the minimum
living area requirements of the zone district in which the building
is located.
C.
The owner of the tourist home shall reside on the
premises.
D.
The building proposed for such use shall meet the
requirements of the New York State Uniform Fire Prevention and Building
Code.
E.
Off-street parking space shall be provided as follows:
At least two spaces shall be provided for the family residing on the
premises, plus not less than one additional space for each lodging
room.
F.
The exterior of the building shall be maintained consistent
with the character of the neighborhood.
G.
One sign, not exceeding eight square feet in area,
may be permitted, subject to sign setback requirements. Such sign
shall not be illuminated, except indirectly.
[Amended 4-15-2003]
H.
The Zoning Board of Appeals shall specify the minimum
amount and location of landscaping, and buffer/screening to ensure
that the use does not create a nuisance for adjoining property owners.
[Amended 12-1-1998]
The Zoning Board of Appeals may approve a permit
for membership/social clubs, lodges or social centers within the MD
Medium Density Residential, the HD High Density Residential and the
RB Restricted Business Districts, provided that the following standards
and conditions are maintained:
A.
The minimum lot size shall be two acres.
B.
The number of off-street parking spaces shall be provided
as set forth in Schedule II of this chapter.[1] At no time shall on-street parking be permitted to occur
as the result of a special permitted use permit.
[1]
Editor's Note: Schedule II is included at the end of this chapter.
C.
All off-street parking spaces shall be located in
the side or rear yard portion of the site. All off-street parking
areas shall be lighted, landscaped and buffered from any adjacent
residential site.
D.
All activities associated with this special permitted
use permit shall be required to be conducted from inside the structure.
E.
The Zoning Board of Appeals may establish the hours
of operation for such special permitted use as part of the approval
of the request.
F.
This special permitted use shall only serve or accommodate
members and their guests.
G.
Any retail sales of goods or the personal services
provided in conjunction with this use shall only be for the benefit
of members and their guests and such use shall be incidental to the
primary use or function of the facility.
[Amended 12-1-1998]
The Zoning Board of Appeals may approve a permit for a townhouse development within the RB Restricted Business District, provided that the standards and conditions specified in § 165-36E of this chapter are maintained.
[Amended 12-1-1998]
The Zoning Board of Appeals may approve a permit
for nonprofit social centers for charitable, cultural or community
purposes within the MD Medium Density Residential, HD High Density
Residential and the RB Restricted Business Districts, provided that
the following standards and conditions are maintained:
A.
The minimum lot size shall be two acres.
B.
The proposed use shall comply with the minimum lot
size and yard requirements specified in Schedule I[1] for the zone district in which the proposed use is to
be located.
[1]
Editor's Note: Schedule I is included at the end of this chapter.
C.
The number of off-street parking spaces shall be provided
as set forth in Schedule II of this chapter.[2] At no time shall on-street parking be permitted to occur
as the result of a special permitted use permit.
[2]
Editor's Note: Schedule II is included at the end of this chapter.
D.
All off-street parking spaces shall be located in
the side or rear yard portion of the site. All off-street parking
areas shall be lighted, landscaped and buffered from any adjacent
residential site.
E.
All activities associated with this special permitted
use permit shall be conducted from inside the structure.
F.
The Zoning Board of Appeals may establish the hours
of operation for such special permitted use as part of the approval
of the request.
[Amended 12-1-1998]
The Zoning Board of Appeals may approve a permit
for a hospital, convalescent home, home for the aged, nursing home
or proprietary care facility within the RR Rural Residential, MD Medium
Density Residential, HD High Density Residential, HC Highway Commercial
and the GC General Commercial Districts, provided that the following
standards and conditions are maintained:
A.
The applicant has obtained all of the requisite governmental
approvals to operate the proposed facility.
B.
The minimum lot area shall be three acres.
C.
The proposed use shall meet the minimum area and yard
requirements specified in Schedule I[1] for the zone district in which the use is to be located.
[1]
Editor's Note: Schedule I is included at the end of this chapter.
D.
The number of off-street parking spaces shall be provided
as set forth in Schedule II of this chapter.[2] At no time shall on-street parking be permitted to occur
as the result of a special permitted use permit.
[2]
Editor's Note: Schedule II is included at the end of this chapter.
E.
All off-street parking spaces shall be located in
the side or rear yard portion of the site. All off-street parking
areas shall be lighted, landscaped and buffered from any adjacent
residential site.
[Amended 12-1-1998]
The Zoning Board of Appeals may approve a permit
for commercial/storage buildings, including mini-warehouse facilities,
within the LI Light Industrial District, provided that the following
standards and conditions are maintained:
A.
The minimum lot size shall be two acres.
B.
The proposed site plan shall meet the minimum lot
size and yard requirements specified in Schedule I.[1]
[1]
Editor's Note: Schedule I is included at the end of this chapter.
C.
No mini-warehouse structure, containing individual
storage bays, shall exceed 200 feet in lineal building length.
D.
All ground surfaces shall be paved, maintained and
well-drained to approved drainage facilities.
E.
All commercial storage buildings, including mini-warehouse
facilities, shall contain adequate exterior and interior lighting.
Interior lighting shall be provided for each storage unit and may
be on a time device to permit automatic shut-off. No exterior lighting
shall be allowed to cause glare on any adjacent site.
F.
Each mini-storage unit shall be clearly identified
and the owner shall maintain records of all occupied units.
G.
No mini-warehouse unit shall be allowed to store any
hazardous material.
H.
Adequate landscaping shall be provided to minimize
the visual impact of the warehousing structure on adjacent sites.
[Amended 12-1-1998]
The Zoning Board of Appeals may approve a permit
for administrative, professional or executive office buildings within
the LI Light Industrial District, provided that the following standards
and conditions are maintained:
A.
The minimum lot size shall be two acres.
B.
The proposed site plan shall meet the minimum lot
size and yard requirements specified in Schedule I.[1]
[1]
Editor's Note: Schedule I is included at the end of this chapter.
C.
All off-street parking surfaces shall be paved, maintained
and well-drained to approved drainage facilities.
D.
All buildings shall be adequately lighted. No exterior
lighting shall be allowed to cause glare on any adjacent site.
E.
Each building shall be clearly identified and the
owner shall maintain records of all occupied units.
F.
The number of off-street parking spaces shall be provided
as set forth in Schedule II of this chapter.[2] At no time shall on-street parking be permitted to occur
as the result of a special permitted use permit.
[2]
Editor's Note: Schedule II is included at the end of this chapter.
G.
All off-street parking shall be in the side or rear
yard portion of the site. All off-street parking areas shall be lighted,
landscaped and buffered from any adjacent site.
H.
Adequate landscaping shall be provided to minimize
the visual impact of the warehousing structure on adjacent sites.
[Amended 12-1-1998]
The Zoning Board of Appeals may approve a permit
for an adult entertainment use, including bookstores, cabarets and
theaters, within the LI Light Industrial District, provided that the
following standards and conditions are maintained:
B.
Only one adult use shall be permitted on any lot or
parcel of land.
C.
No adult use shall be permitted to locate within 1,000
feet of another adult use.
D.
For the purposes of this chapter, measurements shall
be made in a straight line, without regard to intervening structures
or objects, from the nearest portion of the building or structure
used as part of the premises where an adult use is conducted, to the
nearest property line of the premises of a church or public or private
elementary, secondary school or licensed child day-care center, or
to the nearest boundary of an affected public park, residential district
or residential lot or to another adult use.
E.
All adult uses shall be conducted in an enclosed building.
Regardless of location or distance, no one who is passing by an enclosed
building having a use governed by this section shall be able to hear
any activities within the building or to visually see any specified
anatomical area or any specified sexual activity by virtue of any
display which depicts or shows said area or activity. This requirement
shall apply to any display, decoration, sign, window or other opening.
F.
No exterior sign associated with an adult use shall
contain any photographic or artistic representation of the human body.
G.
No adult use shall be established in any building
which is used, in part, for residential purposes.
H.
No residential use shall be established in any building
which contains an approved adult use.
I.
Prior to the commencement of any adult use, or upon
transfer of ownership or control of the building or property in which
an adult use is being operated, the premises shall be inspected by
the Code Enforcement Officer and found to be in compliance with all
laws, ordinances, rules and regulations applicable to the use and
occupancy for an adult entertainment use and compliance with this
chapter.
J.
The proposed site plan shall meet the minimum lot
size and yard requirements specified in Schedule I.[1]
[1]
Editor's Note: Schedule I is included at the end of this chapter.
K.
The number of off-street parking spaces shall be provided
as set forth in Schedule II of this chapter.[2] At no time shall on-street parking be permitted to occur
as the result of a special permitted use permit. All off-street parking
shall be in the side or yard portion of the site. All off-street parking
areas shall be lighted, landscaped and buffered from any adjacent
site.
[2]
Editor's Note: Schedule II is included at the end of this chapter.
L.
Adequate landscaping shall be provided to minimize
the visual impact of the structure on adjacent sites.
[Amended 12-1-1998]
The Zoning Board of Appeals may approve a permit
for the creation and maintenance of communication towers within the
GC General Commercial, HC Highway Commercial and LI Light Industrial
Districts, provided that the following standards and provisions are
maintained:
A.
The minimum lot size for a tower shall be five acres,
regardless of whether leased or owned in fee.
B.
No more than one communication tower shall be permitted
on any parcel of land.
C.
The minimum setback of any tower part, including accessory
facilities, from any property line for each communication tower shall
be the height of the tower to be erected plus 20 feet.
D.
No communication tower shall exceed 200 feet above
finished grade level.
E.
Communication towers shall be marked and lighted,
as appropriate, in order to comply with standards and requirements
of any governmental agency with jurisdictional authority. Whenever
possible, towers should be designed and sited so as to avoid the application
of Federal Aviation Administration (FAA) lighting and painting requirements.
F.
The Town of Parma prefers the shared use of towers
to the construction of towers for individual use. Where shared use
is not possible the location of antenna on preexisting structures
shall be considered. Applicants shall be required to present an adequate
report inventorying existing towers within reasonable distance of
the proposed site and outlining opportunities for shared use of existing
facilities and the use of other preexisting structures as an alternative
to the construction of a new tower. Government and emergency service
use of towers shall be rent-free.
G.
Applicants intending to share use of an existing tower
shall document intent from an existing tower owner to share use. The
applicant shall pay all reasonable fees and costs of adapting an existing
tower or structure to a new shared use. Those costs include but are
not limited to structural reinforcement, preventing transmission or
receiver interference, additional site screening, and other changes
including real property acquisition or lease required to accommodate
shared use.
H.
Applicants proposing to build new towers shall submit
a report demonstrating good faith efforts to secure shared use from
existing towers as well as documenting capacity for future shared
use of the proposed tower. Written requests and responses for shared
use shall be provided.
I.
No communication towers shall contain any signage
except that identifying a health, safety or general welfare message
intended solely for the protection of the general public.
J.
All commercial communication towers shall be completely
enclosed by a fence, with suitable locking facilities, not less than
eight feet in height above ground level.
K.
All towers and accessory facilities shall be sited
to have the least practical adverse visual effect on the environment.
L.
Towers shall be a galvanized finish or painted gray
above the surrounding treeline and painted gray, green or black below
the surrounding treeline unless other standards are required by the
FAA.
M.
Accessory facilities shall maximize the use of building
materials, colors and textures designed to blend with the natural
surroundings.
N.
Existing on-site vegetation shall be preserved to
the maximum extent possible, and no cutting of trees exceeding four
inches in diameter (measured at a height of four feet off the ground)
shall take place prior to approval of the special permitted use. Clear-cutting
of all trees in a single contiguous area exceeding 20,000 square feet
shall be prohibited.
O.
Deciduous or evergreen tree plantings may be required
by the Planning Board during site plan review.
P.
An access road and sufficient off-street parking facilities
shall be provided to assure adequate emergency and service access.
Maximum use shall be made of existing roads. Road construction shall
be consistent with standards established by the Town and shall minimize
ground disturbance and the cutting of vegetation at all times. Road
grades shall closely follow natural contours to assure minimal visual
disturbance and reduce soil erosion potential.
Q.
Site plan approval shall be granted by the Planning
Board in accordance with the provisions of this chapter. In addition
to the specific requirements, a site plan application for a communication
tower shall include the following additional information:
(1)
The location of all structures and trees on the site
and on any adjacent property within 50 feet of the subject property
line.
(2)
Documentation of the proposed intent and capacity
of use as well as a justification for the height of any tower and
antennas and justification for any proposed clearing of land or vegetation.
(3)
All information prepared by the manufacturer of the
tower, or the applicant for which a special permitted use permit is
being sought, including, but not limited to, the following:
(a)
Type of tower to be erected.
(b)
Identification of any anti-climb device to be
installed.
(c)
Identification of the levels of radiation to
be emitted by or from the communication tower.
(d)
Identification of the effects that the operation
of the tower will have on other existing communication towers or antenna
within 1,000 feet of the proposed structure.
(4)
The Zoning Board of Appeals and the Planning Board
may consult with the Town Engineer or retain the services of a communications
consultant to review the proposed site plans for a communication tower.
All consultant costs incurred by the Town in the review of site plans
and application documents shall be borne by the applicant.
R.
Exceptions. The following communication towers are
excepted from the provisions of this section:
(1)
Facilities under the control or ownership and used
exclusively by a public or governmental agency.
(2)
Satellite dish antennas as regulated elsewhere in
this chapter.
(3)
Conventional television and radio antennas when used
exclusively for private benefit and involving a structure with a height
less than 15 feet above existing grade, or if attached to a structure,
15 feet above the maximum height of the building.
(4)
Lawful or approved uses existing prior to the effective
date of these regulations.
S.
Time limit. In consideration of a special permitted
use permit for the erection and maintenance of a communication tower,
the Zoning Board of Appeals may impose a specific time period for
the operation of the use. Said time limit shall clearly stipulate
the conditions imposed for granting the special permitted use permit
and the basis for the Zoning Board of Appeals not to renew said permit
for another specified time period.
T.
Removal. In the event that a communication tower becomes
obsolete due to new technology, is no longer used for the purpose
specified in the application, or the communication facility ceases
operations for a period of 90 days, such tower, structures or facilities
shall be dismantled and removed from the site within 30 days of receipt
of written notice from the Town and based upon the Town's declaration
to the effect specified herein.
U.
Assurances. The Zoning Board of Appeals may, as a
condition of special permitted use permit approval, require the applicant
to provide a letter of credit, performance bond or other financial
guarantee to ensure that funds will be available for the Town's use
to remove said structure in the event of noncompliance with the provisions
of this chapter or if the structure is no longer used for the purpose
for which the permit was granted.
V.
Although the Town would encourage applicants to find
suitable locations in the GC General Commercial, HC Highway Commercial
and LI Light Industrial Districts, the Zoning Board of Appeals is
authorized to approve a special permitted use permit for communication
towers in any other district, provided that the applicant submits
sufficient technical information to document that the proposed use
cannot achieve its communications goals in any GC General Commercial,
HC Highway Commercial and LI Light Industrial District. In considering
such a request, the Zoning Board of Appeals shall be guided by the
standards of this section, but may also impose additional requirements
and controls to minimize potential impacts on neighboring properties.
[Amended 12-1-1998]
The Zoning Board of Appeals may approve a permit
for camping grounds within the AC Agricultural Conservation and RR
Rural Residential Districts, provided that the following standards
and conditions are maintained:
A.
Camping grounds shall be occupied only by travel trailers,
pick-up coaches, motor homes and camping trailers for temporary habitation
and used for travel, vacation and recreation purposes only. The removal
of wheels and placement of a unit on a foundation in a camping ground
is prohibited. No accessory structures shall be attached.
B.
No site preparation or construction shall commence,
nor shall existing structures be occupied, until final site plan approval
has been granted by the Planning Board and permits have been issued
by all governmental agencies involved.
C.
Minimum site area: 15 acres.
D.
Not more than 10 travel trailers, campers, recreational
vehicles or motor homes shall be permitted per acre of gross site
area.
E.
A camping ground shall be located so that no entrance
or exit from a site shall discharge traffic into any residential area
nor require movement of traffic from the camping ground through a
residential area.
F.
Conditions of soil, groundwater level, drainage and
topography shall not create hazards to the property or the health
or safety of the occupants. The site shall not be exposed to objectionable
smoke, noise, odors or to other adverse influences, and no portion
of the camping grounds subject to flooding, subsidence or erosion
shall be used for any purpose which would expose persons or property
to hazards.
G.
Management headquarters, recreational facilities,
toilets, dumping stations, showers, coin-operated laundries, and other
uses and structures customarily incidental to the operation of camping
grounds are permitted as accessory uses to the camping grounds. In
addition, retail stores and other convenience establishments shall
be permitted as accessory uses in camping grounds in such districts
where such uses are not allowed as principal uses, subject to the
following restrictions:
(1)
Such establishment and the parking area primarily
related to their operations shall not occupy more than 5% of the gross
area of the camping ground. Such establishments shall be restricted
to serve occupants of the camping ground.
(2)
Such establishments shall present no visible evidence
from any street outside the camping ground of their commercial character
that would attract customers other than occupants of the camping ground.
(3)
The structures housing such facilities shall not be
located closer than 500 feet to any public street and shall not be
directly accessible from any public street, except from a street within
the camping ground.
H.
Plans for sewage disposal and water supply shall be
designed in accordance with standards promulgated by the New York
State Department of Environmental Conservation and the Monroe County
Department of Health and shall receive approval from said agencies.
I.
Streets in camping grounds shall be private, but shall
be constructed with a stabilized travelway and shall meet the following
minimum stabilized travelway width requirements:
J.
Sites. Sites for the parking or placement of recreational
vehicles using the campground shall be at least 2,500 square feet
in area and have a minimum width of 40 feet.
K.
A minimum of 10% of the gross site area for the camping
ground shall be set aside and developed as common use areas for open
or enclosed recreation facilities. No travel trailer site, required
buffer strip, street right-of-way, storage area or utility site shall
be counted as meeting this requirement for recreational space.
L.
Entrances and exits to camping grounds shall be designed
for safe and convenient movement of traffic into and out of the camping
ground and to minimize friction with movement of traffic on adjacent
streets. All traffic into or out of the camping ground shall be through
such entrances and exits. No entrance or exit shall require a turn
at an acute angle for vehicles moving in the direction intended. Radii
shall be provided so as to facilitate easy turning movements for vehicles
with trailers attached.
M.
No parking, loading or maneuvering incidental to parking
or loading shall be permitted on any public right-of-way, street,
sidewalk, required buffer, public grounds or on any private grounds
not part of the camping grounds unless the owner has given written
permission for such use. Each camping ground shall provide off-street
parking, loading and maneuvering space, located and scaled to permit
compliance with the standards specified in this section. Camping ground
owners shall be responsible for violations of these requirements.
N.
Pedestrian walkways shall be provided to lead to all
parking areas, rest rooms or other service buildings. All off-street
parking areas and walkways shall have adequate lighting.
O.
All utilities shall be underground.
P.
Not less than one covered twenty-gallon garbage receptacle
shall be provided for each camp site. Garbage and rubbish shall be
collected and disposed of as often as may be necessary to ensure sanitary
conditions.
Q.
All applicable sanitation standards promulgated by
the State of New York shall be met.
[Amended 12-1-1998; 7-16-2013 by L.L. No. 4-2013]
The Zoning Board of Appeals may approve a permit for an accessory
apartment within the AC Agricultural Conservation, RR Rural Residential,
MD Medium Density Residential, HD High Density Residential and WF
Waterfront Residential Districts, provided that the following standards
and conditions are maintained:
A.
It is the intent of the Town to provide housing opportunities for
family members to live in an apartment within the same structure as
the occupants of the principal residence or in an accessory building
in quarters which are accessory to the principal residence. Should
there be a change in the conditions existing at the time of the approval
of the special permitted use permit, the permit shall become null
and void.
B.
The accessory apartment shall be occupied by a person(s), related
either by blood, marriage, adoption or other domestic bond, to the
owner(s) residing on the premises and whose name(s) shall be included
in the application to the Zoning Board of Appeals.
C.
No significant external change in the appearance of the structure
shall be made that would distinguish the premises from a single-family
residence or a customary accessory structure.
D.
The accessory apartment shall not exceed 35% of the total floor area
of the principal building or 550 square feet, whichever is greater.
E.
The owner of the lot on which the accessory unit is created shall
occupy at least one of the dwelling units on the premises.
F.
No less than three off-street parking spaces shall be provided to
serve the residents of the principal and accessory residential unit.
G.
No more than one accessory apartment may be created on any single
property.
H.
The approval granted by the Zoning Board of Appeals shall be for
a two-year period and may be renewed for the same period of time as
long as the same conditions are in effect and the property owner continues
to reside in one of the residences on the premises. If title to the
property changes, if the family member(s) is deceased or no longer
occupies the accessory unit, the permit shall not be renewed and the
facilities that provide for independent occupancy (i.e., kitchen and
bath facilities) shall be removed. As an alternative to the removal
of these facilities, the occupant of the principal residential unit
shall submit plans to show that there is unhindered internal access
to the entire dwelling as a condition of the continuation of the certificate
of occupancy.
I.
An accessory apartment is required to be inspected by the Code Enforcement
Officer prior to the Town issuing a special permit, prior to any approval
of a request for renewal by the Zoning Board of Appeals and at the
termination of the special permit.
[Amended 12-1-1998]
The Zoning Board of Appeals may approve a permit
for a car wash establishment, including both coin-operated vehicle
washers and automatic vehicle washers, in the HC Highway Commercial
District, provided that the following standards and provisions are
maintained:
A.
Coin-operated vehicle washers. These washers are intended
to be those where the vehicle operator washes the vehicle by using
a hose which is geared to a coin-operated, timed mechanism.
(1)
The vehicle washing facility or customary uses or
operations associated with the facility shall be located no closer
than 300 feet to any residential district and shall be separated from
a residential district by another nonresidential use.
(2)
All washing facilities shall be within a completely
enclosed building which shall be designed in keeping with the facades
of adjacent land uses.
(3)
Vacuuming facilities may be located outside the building
but shall not be in the front yard and shall meet the setback requirements
for the Highway Commercial (HC) District. Setback areas shall be buffered
or screened as deemed necessary by the Planning Board during site
plan review.
(4)
Off-street parking shall be provided on the property
in the ratio of not less than four reservoir parking spaces entering
each washing stall and three reservoir parking spaces at the exit
from each stall. The reservoir spaces shall have a minimum width of
10 feet and a minimum length of 24 feet. In addition to the required
reservoir spaces for customers, there shall also be one off-street
parking space for each employee on the maximum shift.
(5)
Access to reservoir spaces shall not be provided directly
by a driveway from a public street or from adjoining lots. Access
shall be provided by parking lot aisles or by service drives on the
site.
(6)
Adequate drainage facilities shall be provided to
prevent standing water on-site.
(7)
All off-street parking areas shall be paved with asphalt
or concrete.
(8)
Any lights used to illuminate the area shall be directed
away from adjacent properties and roadways.
(9)
The proposed hours of operation shall be approved
by the Zoning Board of Appeals.
B.
Automatic vehicle washers. These vehicle washers are
intended to be those where the vehicle is either slowly driven through
or pulled through by an automatic chain mechanism. This vehicle washer
is one in which the vehicle operator does not perform any of the washing
functions other than to drive the vehicle where necessary.
(1)
The vehicle washing facility and customary uses or
operations associated with the facility shall not be located closer
than 500 feet to a residential district and shall be separated from
a residential district by at least two other nonresidential uses.
(2)
All vehicle wash operations shall be sound-proofed
and the entire development arranged and operated so that the noise
emanating from the use, as measured from any point on the adjacent
property, shall be no more audible than the noise emanating from the
ordinary street traffic and from other commercial uses measured at
the same point on said adjacent property.
(3)
No less than 10 reservoir parking spaces shall be
provided for the entrance to each washing area if there are two entrance
bays and no less than seven spaces for each entrance bay if there
are three or more entrance bays. No less than five reservoir parking
spaces shall be provided at the exit of each washing area. The reservoir
spaces shall have a minimum width of 10 feet and minimum length of
24 feet. In addition to the required reservoir spaces for customers,
there shall also be one off-street space for each employee on the
maximum shift.
(4)
Access to reservoir spaces shall not be provided directly
by a driveway from a public street or from adjoining lots. Access
shall be provided by parking lot aisles or by service drives on the
site.
(5)
Vacuuming facilities may be provided outside of the
building but such activities shall meet the setback requirements established
for the Highway Commercial (HC) District. Setback areas shall be buffered
or screened as deemed necessary by the Planning Board during site
plan review.
(6)
Adequate drainage facilities shall be provided to
prevent standing water on-site.
(7)
The only operations conducted on the property shall
be the washing of vehicles and vacuuming of interiors of vehicles.
(8)
Any lighting shall be directed away from adjacent
properties and roadways.
(9)
All off-street parking areas shall be paved with asphalt
or concrete.
(10)
All washing operations shall be conducted within
enclosed structures which shall be externally designed to be in keeping
with the exterior facades of adjacent land uses.
C.
The Zoning Board of Appeals may approve a request
by the operators of a car wash establishment to sell gasoline and
retail convenience goods on the site of the car wash property. The
Zoning Board of Appeals, in considering such a request, may require
the operation to submit additional information to adequately describe
the location and operation of such activity and, as a condition of
granting such approval, may impose any conditions it deems necessary
to protect the health and safety of motorists and pedestrians and
to protect adjacent properties from potential adverse impacts of such
use. Under no conditions shall the operator be allowed to perform
repairs to motor vehicles on the site. Further, any merchandise available
for sale shall be maintained within a fully enclosed building.
[Amended 12-1-1998]
The Zoning Board of Appeals may approve a permit
for establishments that sell or service new or used cars, trucks,
motorcycles, recreational vehicles and lawn or farm equipment in the
HC Highway Commercial District, provided that the following standards
and provisions are maintained:
A.
Sales of such vehicles or equipment shall be conducted
in a fully enclosed building located on the same lot, and having a
building area of not less than 1,000 square feet devoted to the sales
and servicing of such vehicles and equipment.
B.
Accessory to such building, the sale of such vehicles
and equipment may be carried on in an unenclosed area, provided that:
(1)
Such area is on the same or an adjacent lot to such
building. If the enclosed area is on an adjacent lot, the lot shall
be not more than 200 feet from the lot with the building and shall
further be in the same ownership as said building; be in the HC Highway
Commercial District; and be used for no other purpose.
(2)
Such unenclosed area shall be paved and suitably drained
subject to requirements established by the Zoning Board of Appeals,
and by the Planning Board during site plan review. Such areas shall
be maintained in a neat and orderly manner and in good order and condition.
(3)
All exterior illumination shall be approved by the
Planning Board during site plan review, and shall be shielded to reduce
the glare that may negatively impact on surrounding properties and
streets.
(4)
The Planning Board, during site plan review, shall
review and approve the amount and location of landscaping and buffer
screening to be provided, consistent with conditions of the Zoning
Board of Appeals approval of the special permitted use permit.
C.
No establishment for the sale of such vehicles and
equipment shall be opened, conducted or maintained except as provided
herein. None of the provisions of this section, however, shall be
deemed to prohibit the continuance of the present use of any property
for the sale of such vehicles and equipment, provided that any change
in the nature of said use shall be the subject to the provisions of
this section. Plans for any changes required to bring about such conformance
shall be submitted to and approved by the Zoning Board of Appeals
before any such change shall be made. The Zoning Board of Appeals
may approve, modify or disapprove such plans and may impose reasonable
and appropriate conditions to such approval so that the spirit of
this chapter shall be observed.
D.
A minimum area of 200 square feet shall be provided
on the lot for each motor vehicle displayed, parked or stored in any
unenclosed area. Each motor vehicle stored or displayed therein shall
be placed or parked parallel to each other facing in the same direction
toward the street upon which such lot fronts and such motor vehicles
shall be arranged in an orderly manner in such spaces.
[Added 12-1-1998]
The Zoning Board of Appeals may approve a permit
for a golf driving range within the AC Agricultural Conservation District,
provided that the following standards and conditions are maintained:
A.
The minimum lot size for a driving range shall be
25 acres.
B.
Golf driving ranges shall have a minimum of 750 feet
of frontage on a state highway.
C.
The driving range shall be designed to minimize stray
golf shots from crossing onto private properties or public rights-of-way.
The Zoning Board of Appeals shall determine the adequacy and suitability
of the proposed design to accomplish this objective. This shall include,
but is not limited to, the type and height of fencing and/or netting
to contain golf balls. Such fencing/netting shall be located from
the property lines a distance equal to the fall radius of the fence/netting
posts plus 10 feet. No advertising sign shall be affixed to the posts,
fence or netting.
D.
An open buffer area of not less than 50 feet shall
be provided along the boundaries of the driving range property. The
buffer area may be reduced to 25 feet if the proposed use abuts a
nonresidential zoning district. The open area shall contain only natural
growth or vegetation.
E.
Golf driving ranges shall not be permitted to operate
before 7:00 a.m. or after 10:00 p.m.
F.
Lighting facilities associated with golf driving ranges
shall be installed so as to reflect the light away from all adjoining
properties. In no case shall the lighting fixtures be mounted more
than 30 feet above the natural grade.
G.
No outdoor loudspeaker or broadcasting system shall
be permitted.
H.
Parking shall be permitted at the rate of two spaces
for each position on the driving range.
[Added 7-18-2000; amended 8-16-2011 by L.L. No. 2-2011]
The Board of Appeals may approve a permit for home businesses
within the AC Agriculture Conservation, RR Rural Residential, MD Medium
Density Residential, HD High Density and WF Waterfront Residential
Districts, provided that the following standards and conditions are
maintained:
A.
Intent. The purpose of this section is to provide opportunities for
economic advancement among residents of the Town and to protect the
character of residential and agricultural areas of the Town. Businesses
established pursuant to this section are expected to blend in with
the existing character of the area in which they are located.
B.
Type of business. A variety of commercial and manufacturing uses
may be permitted, provided that the requirements of this section are
met. The home business shall not involve any operation considered
to be hazardous.
C.
Neighborhood character. The appearance of the structure shall not
be altered, and the business shall not be conducted in a manner that
would cause the premises to differ from its existing neighborhood
character either by the use of colors, materials, construction, lighting
or the emission of sounds, noises or vibrations. No lights or noise
from the home business shall be noticeable at any time from any public
street or neighboring property.
E.
Floor area.
(1)
No more than 15% of the gross floor area of a dwelling shall
be used for the conduct of a home business, up to a maximum of 500
square feet, provided that the portion of the dwelling used for residential
purposes shall comply with all applicable laws and codes.
(2)
The entire gross floor area of no more than one detached accessory
structure may also be permitted for use of a home business, in addition
to space within the dwelling.
F.
Outdoor storage of equipment and materials. In the MD, HD and WF Districts, no outside storage of materials used in the home business shall be permitted. In the AC and RR Districts, any outside storage shall be adequately screened from view from public streets and neighboring property. Such screening may consist of vegetation, fencing or a combination. Fencing shall comply with § 165-128.
G.
Outdoor display of goods. No outdoor display of goods shall be permitted.
H.
Signage. One sign shall be permitted to identify a home-based business. No sign shall have more than two printed sides. All signs shall comply with Article XIV.
I.
Commercial vehicles. In the AC, RR and MD Districts, no more than
two commercial vehicles may be used in connection with the home business.
In the HD and WF Districts, no more than one commercial vehicle may
be used in connection with the home business. Such vehicles may be
parked outside and shall comply with § 165-820.
J.
Hours of operation. The home-based business shall be conducted in
such a manner that all the clients, customers and others coming to
do business at the site of the home business shall arrive and depart
between the hours of 7:00 a.m. and 9:00 p.m., Monday through Saturday,
and 12:00 noon through 5:00 p.m. on Sunday.
K.
Number of home-based businesses permitted. More than one home-based
business may be permitted for each residential property, provided
that the combined impact of such home businesses does not exceed any
of the thresholds established by this section. A separate permit is
required for each home-based business.
L.
Parking. Sufficient off-street parking shall be provided for the home business as specified in Schedule II and Article XVI. Such parking shall be in addition to the parking required for the dwelling.
M.
Setbacks. Any accessory building used in conjunction with the home business shall comply with the setback requirements for the district in which it is located. Off-street parking and loading spaces, as well as outdoor storage, shall use the same setback requirements as accessory buildings. Such uses are not subject to § 165-87A, side and rear yard setback reductions.
N.
Application.
(1)
Application for a special permit shall be submitted
along with a survey map denoting all areas to be used as parking,
turnarounds, screening and construction details. The fee permit will
be set by the Town Board.
(2)
The Code Enforcement Officer (CEO) shall inspect
all areas of the structure and property to be used In conjunction
with the home business prior to approval and Issuance of the home-based
business permit. Such inspection shall focus on, but not be limited
to, accessibility, exiting, lighting, ventilation, firesafety and
any other aspects that may apply to the proposed operation. The business
shall be subject to periodic inspections by the CEO as long as the
business is in operation.
