[Amended 8-11-2005 by L.L. No. 4-2005]
The following uses may be permitted, provided that a special
use permit is obtained from the Planning Board under the terms and
specifications therein. Whereas the necessity for certain specific
uses is recognized, and at the same time appreciating the fact that
they or any one of them may be or become inimical to the public health,
safety and general welfare of the community in which is located without
consideration to the existing conditions and surroundings, the following
standards and proceedings are hereby established which are intended
to provide the Planning Board with a guide for the purpose of reviewing
certain uses not otherwise permitted in this chapter. The Planning
Board shall review and administer applications for the following uses
according to procedures spelled out for the Planning Board under this
chapter.
Public utility structures such as dial equipment centers and
substations, but no service or storage yards, may be permitted in
any zone district with a special use permit. No special use permit
shall be issued unless the Board of Appeals shall determine that:
A. The proposed installation in a specific location is necessary and
convenient for the efficiency of the public utility system or the
satisfactory and convenient provision of service by the utility to
the neighborhood or area in which the particular use is to be located.
B. The design of any building in connection with such facility conforms
to the general character of the area and will not adversely affect
the safe and comfortable enjoyment of property rights of the zone
in which it is located.
C. Adequate and attractive fences and other safety devices will be provided.
D. A buffer strip 10 feet in width shall be provided around the perimeter
of the property.
E. Adequate off-street parking shall be provided.
F. All of the area, yard and building coverage requirements of the respective
zone will be met.
Motor vehicle service stations may be permitted in the B-2 and
B-3 districts of the Village, provided that the following standards
are observed:
A. In addition to the information required in the special permit application,
the site plan submitted shall also show the number and location of
fuel tanks to be installed, the dimensions and capacity of each storage
tank, the depth the tanks will be placed below the ground, the number
and location of pumps to be installed and the type of structure and
accessory buildings to be constructed.
B. The entire area of the site traveled by motor vehicles shall be hard
surfaced with concrete, blacktop or oil and stone treatment.
C. Any repair of the motor vehicles shall be performed in a fully enclosed
building and no motor vehicle shall be offered for sale on the site.
No motor vehicle parts or partially dismantled motor vehicles shall
be stored outside of an enclosed building.
D. No vehicles shall be permitted to be standing or parked on the premises
of a motor vehicle service station other than those used by the employees
in the direct operation of the establishment.
E. Accessory goods for sale may be displayed on the pump island and
the building island only. The outdoor display of oil cans and/or antifreeze
and similar products may be displayed on the respective island if
provided for in a suitable stand or rack.
F. No motor vehicle service station or public garage shall be located
within 500 feet of any public entrance to a church, school, library,
hospital, charitable institution or place of public assembly. Such
distance shall be measured in a straight line from said public entrance
to the lot line nearest said entrance along the street line.
G. Where such parking areas abut a residential zone, they shall be screened
by a buffer area no less than 10 feet in depth composed of densely-planted
evergreen shrubbery, solid fencing or a combination of both which,
in the opinion of the Board of Appeals, will be adequate to prevent
the transmission of headlight glare across the zone boundary line.
Such buffer screen shall have a minimum height of six feet above finished
grade at the highest point of the parking area. The materials used
shall be in keeping with the character of the adjacent residential
area. If said shrubbery becomes decayed and fails to provide an adequate
screen, the Zoning Enforcement Officer may direct the property owner
to replace said shrubs.
H. All fuel pumps shall be located at least 20 feet from any street
or property line and shall be attendant operated.
Multifamily structures may be permitted in the Village, provided
that the following requirements are met:
A. Each lot shall have at least 20,000 square feet of land area plus
4,000 square feet for each additional unit over three.
B. Each lot shall have at least 100 feet of frontage on a public road
plus 20 feet additional frontage for each additional unit over three
up to a maximum frontage of 200 feet.
C. No lot so used shall be covered by more than 35% with any buildings.
D. No structure shall exceed 35 feet in height above average finished
grade line.
E. No building or parts of the same building shall be located within
20 feet of any other building or any other part of the same building.
F. No parking area shall be located within 20 feet of any lot line or
right-of-way line.
G. No building shall be located within 40 feet of any lot line or right-of-way
line.
H. No building shall contain more than eight units.
I. Each dwelling unit shall be provided with two off-street parking spaces according to the requirements of §
232-33.
J. Each unit shall be provided with an internal rough storage area at
least four feet by five feet and at least six feet high.
K. If individual units do not have provisions for laundry machines,
each building shall be equipped with at least one washer and one dryer.
L. Internal driveways shall have at least 20 feet of hard surface passageway
exclusive of parking.
M. No internal dead-end driveway shall be more than 200 feet long and
shall be provided with a cul-de-sac at the end of at least 40 feet
radius.
N. Each side of all internal driveways faced by buildings shall be paralleled
with a sidewalk at least three feet wide which will provide continuous
pedestrian access to the right-of-way.
O. Garages or carports are permitted so long as they conform to the
requirements of this section for any principal building and do not
exceed 15 feet in height.
P. All yard areas shall be grass seeded or sodded.
Q. Each apartment building shall be provided with trees and shrubs in
such locations as will make an attractive development.
The mobile home court is intended to provide a sound, healthy
residential environment for its inhabitants. Mobile home courts may
be permitted in the MH Mobile Home District of the Village, provided
that the standards and requirements detailed below are complied with
and a special use permit if obtained:
A. Location and size. The size of all mobile home parks shall be a minimum
of three acres.
B. Layout and design. The layout and design of the mobile home park
shall conform to the following:
(1) Double access. All mobile home parks containing 20 or more mobile
home lots shall have access from two points along a single public
street or highway, or, if bordering on two streets, access can be
one for each street, such access points being separated by at least
100 feet.
(2) Public highway frontage. Each mobile home court shall have frontage
on an existing public highway equal to not less than 80% of the maximum
dimension of the court measured parallel to such highway. In the event
that a court is located at the intersection of two public highways,
this frontage is applicable to one of the highways, and the frontage
on the second shall be equal to at least 35% of the maximum dimensions
of the court, as measured parallel to the second highway.
(3) Block lengths. The layout of interior roadways of driveways shall
be such that no block is longer than 500 feet; provided, however,
that this may be extended to 750 feet if an interior walkway is provided
for pedestrian access across the center of the block.
(4) Driveway widths. All driveways shall have a minimum paved width of
20 feet which is completely clear of obstructions to a height of 12
feet and at such width shall exclude any parking.
(5) Street grades. The maximum street grade shall be 7%. Entrance gradients
shall be less than 3% for a distance of 75 feet from the edge of the
right-of-way of the public highway.
(6) Minimum radius. The minimum radius of curvature for any street shall
be 50 feet.
(7) Alignment. Streets shall be laid out so as to intersect as nearly
as possible at right angles and in no case shall any angle or intersection
be less than 75°.
(8) Driveway and parking areas. If parking provision is made along the driveway, such parking area may be off the pavement (street width) and shall conform to the requirements of §
232-33. If parking provision is made in parking areas for three or more vehicles in nodes throughout the court, such areas shall be located off the pavement and in such manner as not to encroach upon the area considered to be a mobile home lot. Provision shall be made for the parking of two motor vehicles for each mobile home lot and shall be located either on that lot or adjacent thereto.
(9) Auxiliary parking. Central auxiliary parking areas shall be provided
at a ratio of 100 square feet per mobile home, such area being screened
from lots and public highway by a coniferous hedge or other effective
vegetation. Auxiliary parking areas are to be provided for parking
trucks, maintenance equipment, boat trailers, utility trailers and
similar such equipment and vehicles.
(10)
Mobile home lot size. All lots shall be a minimum of 5,000 square
feet and shall have a minimum width of 50 feet.
(11)
Corner lots. Corner lots shall be 1 1/2 times the width
and area of regular lots. If a street makes a turn of 90°, the
lot on the inside shall be considered a corner lot and lots on the
outside shall be considered radial lots, wherein the width shall be
measured at the distance of 10 feet from the street line.
(12)
Double-frontage lots. Double-frontage lots shall not be permitted.
(13)
Walkways. Walkways shall be laid out so as to connect service
buildings, dry yards and storage lockers with streets. Walkways shall
also provide access to recreation areas if such areas are not located
adjacent to a street. Such walkways shall be at least three feet wide.
(14)
Recreation space. Recreation space shall be provided in a central
location and at a ratio of 300 square feet per lot.
(15)
Mailboxes. Mailboxes shall be located suitable to the local
post office, but shall not be placed in any location where they constitute
a safety hazard to pedestrians or to vehicles.
(16)
Trees. All existing trees shall be preserved insofar as possible
in the design of the court.
C. Siting of mobile homes. Mobile homes shall be so situated within
the mobile home court to conform with the following:
(1) The following minimum distances shall be maintained when providing
specific locations of mobile homes as related to each other within
the court and shall include any attachment on the mobile home.
(a)
Laterally (side of mobile home facing the side of the next):
20 feet.
(b)
Longitudinally (end of mobile home facing the end of another):
15 feet.
(c)
Perpendicularly (end of one mobile home facing the side of another):
20 feet.
(2) The following minimum distances shall be maintained when providing
specific locations of mobile homes within the court and with respect
to service or storage buildings.
(a)
Laterally (side of mobile home and building): 25 feet.
(b)
Longitudinally (end of mobile home and building): 15 feet.
(3) The minimum setback from the pavement and driveway parking areas
shall be 15 feet.
(4) No occupied travel or vacation trailer or other form of temporary-type
living units shall be permitted in a mobile home park.
D. Required improvements. The developer shall be required to make the
following improvements:
(1) Water supply systems. All water supply systems shall be installed
as per plans approved by the Village Engineer, the New York State
Department of Health and/or other appropriate authority. Such systems
shall be designed to provide a sufficient supply of potable water,
under adequate pressure, to outlets servicing mobile homes, community
structures, drinking fountains, hose connections, hydrants and so
on. Where a public water supply system is not available, an adequate
private water supply system, approved by the New York State Department
of Health or local health department having jurisdiction, shall be
provided. Private water supply systems shall be certified by the Village
Health Officer and/or the New York State Department of Health as being
pure and safe for human consumption (potable) on February 1 and August
1 of each year. Such systems shall be so designed to prevent freezing.
Each mobile home lot shall be supplied with potable water from the
approved water supply system by a pipe of at least three-fourth-inch
diameter to a cold water tap at least four inches above the ground
with 50 pounds pressure maintained at the outlet throughout the entire
year. The water supply connection shall be located at a safe distance
from the sanitary drainage connection (and shall not be subject to
surface drainage). Means shall be provided for a suitable watertight
connection, without cross connection and danger of freezing. An adequate
supply of hot and cold water shall be provided at all times in service
buildings which provide washing and laundry facilities.
(2) Sewage disposal systems. All sewage disposal systems shall be installed
in accordance with plans approved by the Village Engineer and/or the
New York State Department of Health. Such systems shall provide each
mobile home and community structure containing plumbing fixtures with
an adequate and safe method of sewage disposal. Where a public sewage
disposal system is not available, an adequate private sewage disposal
system, approved by the New York State Department of Health and/or
the Village Engineer, shall be provided. Waste from all sanitation
and washing facilities, including washing machines at any location
within the mobile home park, shall be discharged into the sewage disposal
system. Each mobile home lot shall, at a proper location relative
to the mobile home, be provided with a trapped sewer of at least four
inches in diameter, and piping shall be a continuous grade to the
point of disposal in an approved public or private sewage disposal
system. Such sewer shall have an airtight connection with all outfall
pipes of any mobile home harbored on that lot. These connections shall
be fitted with an airtight cover during periods of nonuse.
(3) Sewage treatment facilities. All sewage treatment facilities, if
required by the appropriate authority and whether located above or
below ground, shall be installed as per plans approved by the Village
Engineer and/or the New York State Department of Health. No sewage
from a plumbing system shall be disposed of into the waters of the
State of New York, except where specially approved by the authority
having jurisdiction in accordance with Article 17 of the New York
State Environmental Conservation Law.
(4) Electrical systems. The electrical system shall be designed to provide
adequate capacity to supply the connected load without exceeding the
allowable current-carrying capacity of the conductors. Each mobile
home lot shall be provided with a conductor and terminal capable of
carrying a minimum current of 100 amperes.
(5) Lighting and overhead wires. Artificial lighting shall be provided
to illuminate walks, driveways and parking spaces for the safe movement
of pedestrians and vehicles at night. Specifically, streetlighting
standards shall be provided as follows:
(a)
Overhead streetlighting shall be placed no farther than 100
feet apart, have a minimum clearance above the pavement of 12 feet
and shall have a capacity of 100 watts.
(b)
Alternate side streetlighting (post lamps) shall be placed not
farther than 60 feet apart, (as measured along the center line of
the street 120 feet on one side of the street), have a minimum height
of four feet and a maximum height of seven feet and shall have a capacity
of 60 watts.
(c)
Service buildings shall have sufficient exterior lighting fixtures
so as to properly illuminate entrances and drying yards connected
therewith.
(d)
Streets and service buildings shall be illuminated during all
hours of darkness and according to the following schedule:
[1]
Streets (sunset to sunrise):
[2]
Service (sunset to sunrise):
(e)
Wires installed above driveways and parking spaces shall have
a clearance of not less than 18 feet. Whenever possible, wires shall
be located underground.
(6) Gas piping system. All gas piping systems, if installed, shall be
designed to provide a supply of gas sufficient to meet the maximum
demand without undue loss of pressure at the connection to the mobile
home further from the sources of supply.
(7) Community fuel storage. A mobile home park shall be provided with
facilities for the safe and efficient storage of required fuels. Liquefied
petroleum gas storage containers having a capacity exceeding 125 gallons
shall be located not less than 25 feet from the nearest mobile home,
structure or building and shall not be subject to damage from moving
vehicles. Fuel oil and other flammable materials shall be stored so
as not to be a fire hazard.
(8) Driveway paving. All driveways within the park shall be paved for
a minimum width of 20 feet in accordance with specifications effective
for similar developments in the balance of the Village if such specifications
are drawn, or, in the absence of Village specifications, as per specifications
approved by the Village Engineer.
(9) Parking area paving. Areas for motor vehicle parking may be surfaced
with uniformly sized gravel or crushed stone to a minimum depth of
eight inches in the absence of fully hard or penetrated surface paving.
(10)
Walkways. All walkways shall be a minimum width of three feet
and thickness of four inches and shall be provided with joints so
designed as to minimize cracking. All walkways shall be made of concrete
or blacktop or other similar material approved by the Village Engineer.
(11)
Mobile home stand. Each mobile home lot shall contain a mobile
home stand capable of containing a mobile home in a fixed position.
The mobile home stand shall be graded with an impenetrable material
at least six inches in thickness. It may be surfaced with a layer
of uniformly sized crushed stone to a depth of nine inches in lieu
of paving. The topographic change of the mobile home stand shall not
exceed 1 1/2 feet. The elevation, distance and angle of the mobile
home stand in relation to the accessway shall be such as to facilitate
the safe and efficient placement and removal of the mobile home.
(12)
Patios. All mobile home lots shall be provided with patios constructed
of concrete or blacktop or other similar material approved by the
Village Engineer and shall be a minimum size of eight feet by 20 feet
and four inches in depth. Patios shall be located so as to provide
safe and easy access from the mobile home.
(13)
Stormwater drainage. Mobile home parks shall have adequate facilities
for drainage of surface and subsurface water. The entire mobile home
park shall be graded to facilitate the safe and efficient drainage
of surface water and to permit no ponding areas where water will stand
for lengths of time so as to constitute a health or other hazard.
Drainage ditches shall be provided where necessary to provide for
the removal of surface drainage. Such ditches shall be provided in
such a way as not to constitute a hazard to pedestrians. Gutters,
culverts, catch basins, drain inlets, stormwater sewers or other satisfactory
drainage systems shall be utilized where deemed necessary and shall
be of a size specified by the Village Engineer.
(14)
Landscaping. Each mobile home lot shall be provided with at
least one shade tree with trunks not less than 1 1/2 inches in
diameter as measured three feet from the ground. Poplars, silver or
soft maples, box elders, catalpas and horse chestnuts shall not be
planted. The planting of elms is not recommended. Shade trees shall
also be planted at intervals of not less than 50 feet within the buffer
areas to the sides and rear of the mobile home park. Shade trees are
recommended in the buffer area between the public highway and the
adjacent mobile home lots. Due regard shall be given to the obstructive
qualities of limbs and branches along mobile home movement and accessways.
(15)
Monuments. Monuments shall be provided at all corners of the
mobile home park. The monuments shall be of material and size approved
by the Village Engineer or other appropriate authority.
E. Service buildings. The developer shall be required to furnish service
buildings in conformance with the following:
(1) Service buildings shall be located in such a way as to prohibit primary
access directly adjacent to a mobile home lot. If such buildings contain
laundry facilities, they shall be located no farther than 400 feet
from any home lot which they serve.
(2) Service buildings housing sanitation and laundry facilities or any
other facilities shall be permanent structures complying with the
New York State Sanitary Code and/or all other applicable laws and
statutes regulating buildings, electrical installations and plumbing
and sanitation systems.
F. Laundry facilities (optional). The developer of the mobile home park
may provide laundry facilities for his tenants subject to the following:
(1) Laundry facilities may be provided by the owner of the mobile home
park. If such facilities are provided, they shall be located in a
separate service building and shall provide for one single laundry
tray, and one automatic or semiautomatic type operable washing machine
for each 10 mobile homes or fractional number thereof.
(2) Indoor drying space shall be provided at a ratio of 50 square feet
per mobile home lot if automatic drying equipment is not supplied.
(3) A common outdoor drying yard shall be adjacent to the laundry facilities
and shall be adequate for the number of mobile homes served in the
proportion of 250 square feet per 10 lots or fraction thereto.
G. Additional structures on mobile home lots are subject to the following:
(1) No non-integral structural addition or other accessory building or
structure in excess of 10 feet by 10 feet or a total of 100 square
feet shall be permitted on any mobile home lot.
H. Fire protection and control. To ensure adequate fire protection and
control, the following rules shall apply:
(1) Every mobile home park shall be equipped at all times with fire equipment
in good working order in conformance with those standards duly adopted
as applicable in the fire district within which the court is located.
Fire protection equipment shall be provided as per plans approved
by the Village Fire Department.
I. Construction and operation of mobile home parks. A person being the owner of land in the appropriate districts as specified in §
232-32 of this chapter and conforming to the minimum lot area requirement may use or permit the use of said land or premises as a mobile home park after the effective date of this chapter, provided that the prospective owner and/or operator of said mobile home park shall obtain a permit from the Village Clerk upon authorization from the Board of Appeals of the Village and shall be subject to a public hearing and shall comply with the procedures of permits, fees and registration as described in Chapter
135, Mobile Home Parks.
J. Permit required. No person being the owner or occupant of any lot or parcel of land within the Village shall park, use or occupy a mobile home of which said person is also owner and occupant upon said lot or parcel of land without obtaining therefore a permit as hereinafter provided. No person being the owner or occupant of any land or premises within the Village shall use or permit the use of said land or premises as a mobile home park without obtaining therefore a permit as provided in Chapter
135, Mobile Home Parks.
For provisions relating to signs and outdoor advertising, see Chapter
186, Signs.