A.
No sign shall consist of lights which flash, or move, or appear to
move.
B.
No sign shall be higher than the principal building to which it is
accessory.
C.
General advertising signs related to the permitted use of the premises
are allowed such as secondary advertisement of products or services.
D.
No sign shall project into a public right-of-way, be less than 30
feet from edge of street/road, create a traffic hazard, be unduly
distracting to motorists and pedestrians, or reduce the effectiveness
of signs needed to direct the public.
E.
No sign shall project on a public utility pole or traffic control
structure.
F.
All existing signs that are legal at the time of the enactment of
this chapter shall be allowed to remain as long as they are properly
maintained and their use remains current. Replacement of any existing
sign for any cause shall be in accordance with the more restrictive
clauses of this chapter.
G.
Temporary lighted or unlighted signs erected by and for nonprofit
organizations such as churches, American Legion, Boy Scouts, Girl
Scouts, political organizations, or military reserve associations
which advertise suppers, banquets, benefits, fund-raising sales, and
similar functions may be erected for a period of 40 days without a
permit in any district.
H.
One on-site sign is permitted, not to exceed 16 square feet per side
with a maximum of two printed sides (except as otherwise specified
in this chapter).
I.
Signs shall be informative and enhance the rural character of the
community. Signs that are manufactured from wood, or wood-simulated
products, or stone, or stone-simulated products (with the appearance
of natural wood or stone) may be considered as in compliance with
this chapter.
J.
Permitted are small temporary signs, not to exceed 16 square feet,
placed on premises while artisans, wrights, or makers are performing
work on such premises, until 30 days after completion of work.
K.
Permitted are brand-name-sponsored signs; provided that the brand
name, logo, trademark (or the combination thereof) shall not exceed
25% of the square footage of the sign.
L.
Signs required by federal, state, county or Town agencies for the
operation of the use (such as NYS Motor Vehicle Inspection Station
signs) are permitted signs.
M.
Any person desiring to place a sign on premises other than the site
of the business advertised must seek approval from the Town Planning
Board and may be subject to special conditions.
N.
No general election signs shall be erected more than 30 days prior
to the scheduled Election Day. All signs must be removed within 48
hours of the completed election.
This section is designed to reduce problems caused by inadequate
or poorly designed parking facilities.
A.
All uses shall provide adequate off-street parking for all vehicles
parked during typical peak periods. Parking should be designed to
eliminate the need to back out or to park on the shoulder of public
roads.
B.
A parking space shall be not less than 10 feet by 20 feet, exclusive
of accessways and driveways. Single-family residences need not exclude
driveway area.
C.
Off-street parking areas for nonresidential uses shall provide access
lanes to parking spaces. Parking areas for 50 or more vehicles shall
delineate fire lanes and include no-parking markers.
Minimum standards supplementary to the basic standard cited
above are as follows:
A.
One parking space is required for every three seats in a public meeting
place.
B.
One parking space is required for each employee on the maximum working
shift in an industrial or light industrial establishment and one parking
space per 250 square feet of gross floor area in a commercial establishment
unless otherwise specified herein.
C.
One parking space is required for every 200 square feet of gross
floor area in business and professional offices.
D.
One parking space is required for every 100 square feet of gross
floor area in supermarkets and self-service food stores.
A.
At least one off-street loading area shall be provided for each 5,000
square feet of gross floor area in commercial or industrial establishments
hereafter erected or altered. Each off-street loading area shall be
a minimum of 20 feet by 50 feet in dimension.[1]
B.
Space for off-street loading shall be in addition to space for off-street
parking.
A.
Small utility shed. A small utility shed, not to exceed 10 feet in
height or 144 square feet in horizontal area, shall be allowed and
shall have the following requirements:
(1)
A building permit is not required for the construction or installation
of a small shed.
(2)
A small shed does not have to meet the setback requirements of this
chapter and may be erected no less than five feet from the side or
rear property line.
(3)
Small sheds do not require a wood or cement base or a foundation,
but must be anchored to protect against wind damage.
B.
Large or multiple small sheds. Utility sheds having dimensions larger
than 10 feet in height or 144 square feet in horizontal area or requests
for more than one small shed not exceeding 10 feet in height or 144
square feet in horizontal area shall require the issuance of a standard
building permit and must comply with all the provisions of this chapter,
including setback requirements, NYS building codes and all other local
laws and statutory provisions.
A.
Unless otherwise authorized in this chapter, fences shall be erected,
altered or reconstructed under the following conditions:
(2)
No fence shall be erected in any side yard higher than six feet above
the highest point of ground directly below the fence.
(3)
No fence shall be erected in any front yard except for decorative
open-type fencing, and that to a maximum height of four feet above
the highest point of ground directly below the fence.
(4)
On corner lots, both yards fronting the joining streets shall be considered front yards and shall be subject to the fencing provisions specified in Subsection A(3).
(5)
The mounding of earth directly below any fence for the purpose of
increasing the fence height shall not be permitted.
B.
Fences may be substituted for lot line landscaping during site plan
review upon the discretion of the Planning Board.
C.
No fence shall cause obstruction of vision at street and driveway
intersections as determined by the Zoning Enforcement Officer.
D.
Fencing for farm purposes shall not exceed six feet in height as measured above the highest point of ground directly below the fence. Farm fencing shall be exempt from the yard and height provisions found in Subsection A.
E.
Any fence erected along a lot line shall be erected wholly on the
property of the owner and neither the fence itself nor any supporting
accessory components thereof shall encroach upon the adjoining properties.
F.
A finished side of any fencing shall front the neighboring properties.
G.
Barbed wire, single strand wire or electrification of any fence is
permitted for the containment of livestock only, subject to applicable
sections of this chapter. Electrified fencing products such as "invisible
fencing" shall be excluded from this requirement.
H.
All fencing shall be placed on the property so the fence can be maintained
on both sides by the fence owner. The ZEO shall determine a reasonable
distance from the property line for fence maintenance.
I.
Additional special fencing requirements for lakeshore and lakeview
property located within the Waterfront Residential (WR) and Waterfront
Development (WD) Districts:
(1)
General.
(a)
A building permit is required, showing the location of the fence
on a tape map, or other map, drawn to scale; and describing the length,
height and materials from which the fence is to be constructed.
(b)
The mounding of earth directly below any fence for the purpose
of increasing the fence height shall not be permitted.
(c)
The height of a fence may be altered for the construction and
operation of swimming pools within the Waterfront Residential (WR)
and Waterfront Development (WD) Districts to allow a pool to conform
to all applicable federal, state and local laws and codes, including
but not limited to the rules of the state and county boards of health,
the New York State Uniform Fire Prevention and Building Code and other
applicable codes, rules and regulations.
(d)
Decorative enclosures used to surround propane tanks, backup
generating systems, other similar uses, shall be constructed to be
minimal in nature and shall be limited in height and width to only
block the view of enclosed items.
(e)
Screens to create privacy for outdoor hot tubs or other similar
uses shall be constructed to be minimal in nature and limited in height
and width to only create privacy. This screening shall extend from
the front foundation and shall be limited to no more than eight feet
in length and six feet in height.
(2)
Lakeshore property.
(a)
Fences, decorative enclosures, privacy vegetation, shrubbery
type vegetation, trees and or natural buffers must be planted or constructed
to retain views to the Lake Ontario shoreline and must not affect
or obstruct the views of the shoreline. No fence shall be allowed
closer to the lake than 10 feet from the water's edge.
(b)
No fence shall be erected in any yard that adjoins the lakeshore
in the WR or WD Districts higher than three feet above the highest
point of ground directly below the fence.
(c)
No fence shall be erected in any front yard except for decorative
open-type fencing, and not to exceed a maximum height of three feet
above the highest point of ground directly below the fence.
(d)
Plantings and shrubbery used as a fence line shall not be allowed
to grow higher than three feet above the ground unless maintained
in an open and decorative design. "Open design" shall mean the area
covered by the plantings will be no more than a maximum of 50% opaque
as viewed perpendicular to the length of the fence line.
(e)
Plantings and shrubbery may be placed between the side lot line
widths of primary structures of adjoining property owners without
height restrictions, provided the placement does not obstruct the
three-lot-width vista site line of any resident.
(f)
Tree plantings are to be randomly spaced and are not to be planted
as a fence line or clustered in such a way as to obstruct the lake
views from neighboring properties.
(g)
Trees in existence at the adoption of this chapter shall be exempt.
(3)
Lakeview property (non-lakeshore property).
(a)
Fences may be erected, altered or reconstructed to a maximum
height of six feet in the side and rear yards for residential uses.
Property whose front lot line and rear lot line both adjoin a private
or Town road shall not erect a fence exceeding a maximum height of
three feet above the highest point of ground directly below the fence.
(b)
No fence shall be erected in any front yard except for decorative
open-type fencing, and not to exceed a maximum height of four feet
above the highest point of ground directly below the fence.
(c)
Lots without a primary residence but adjoining a lot with a
primary residence shall not be allowed to extend a side lot line six-foot
fence beyond the neighboring front yard.
A.
No individual mobile/manufactured home, with the exception of those homes currently located on an individual parcel of land, shall be allowed to locate outside of an approved mobile/manufactured home park in the Town of Kendall. Refer to Article VII for mobile/manufactured home park provisions.
B.
Those individual mobile/manufactured homes located on single lots which lawfully exist at the time of enactment of this chapter shall be allowed to remain subject to the provisions found in § 265-40 of this chapter.
C.
Existing mobile/manufactured homes allowed outside an approved mobile/manufactured
home park by this section may be replaced with another mobile/manufactured
home under the following conditions:
(1)
May be replaced only by the owner/occupant.
(2)
May not be replaced with a unit more than seven years old.
(3)
The replacement unit must meet all applicable federal, state and
local standards and codes which were in effect on the date the unit
was manufactured.
(4)
A building permit and certificate of compliance is required.
A.
Camping units shall not be occupied outside of an approved campground
for more than 72 hours on any basis. A special permit may be granted
by the ZEO for single camping units to be occupied outside of approved
campgrounds for a period not to exceed two weeks in duration per calendar
year.
B.
For the purposes of this section, "improved property" shall be land
(lot) upon which there is a dwelling that conforms to the articles
of this chapter.
C.
No more than two camping units may be parked on any property at the
same time.
D.
All camping units are to be placed on the side and rear lots of improved
property.
E.
Placement of camping units must be in accordance with the setbacks
required for buildings in the respective zone of the property.
F.
The camping unit must either have self-contained sanitation or be
connected to adequate sanitation facilities.
A.
The State Environmental Quality Review Act requires that local government
examine the environmental impact of all actions they permit, fund,
or construct. Article 6 and Part 617 of Title 6 of the New York Code
of Rules and Regulations are hereby adopted by reference.
B.
All Type I actions (6 NYCRR Part 617) shall require the submission
and review of an Environmental Assessment Form.
D.
If in the opinion of the local lead agency, after review of the Environmental
Assessment Form, there appears the potential for a significant environmental
impact, the lead agency shall cause the applicant to prepare a Draft
Environmental Impact Statement. Review, notice and action on the EIS
shall be conducted according to Part 617.
E.
The local lead agency's review of the action shall include the
following procedures and general considerations:
(1)
If the proposed action is located within the boundaries of the LWRP Area, as is described in Article II, § 265-9, and as is shown on the maps of the adopted Local Waterfront Revitalization Program (LWRP) document, a Coastal Assessment Form (CAF) shall be completed and submitted by the applicant along with the application for any zoning action. The completed CAF shall state whether such proposed action may or will not have a significant effect on the coastal environment or on the coastal resources of the community.
(2)
Actions for which a Coastal Assessment Form (CAF) have been filed
shall be reviewed and certified by the local lead agency as to consistency
with the uses and policies of the Local Waterfront Revitalization
Program prior to any final determinations being made by the local
lead agency. Actions that are inconsistent with the Local Waterfront
Revitalization Program shall be denied zoning approval or modified
to become consistent with the LWRP. Thereafter the proposed action
shall be reviewed and processed in accordance with the provisions
of this article and Part 617 of the Title 6 NYCRR.
(3)
If the local lead agency determines that the proposed action is not
an exempt action, or an action listed in Section 617.5 of Title 6
NYCRR as a Type II action and that it will not have significant effect
on the environment or local plans, then the local lead agency shall
prepare, file and circulate such determination as provided in Section
617.8 of Title 6 NYCRR, and thereafter the proposed action may be
processed without further regard to this article. The determination
shall include certification as to consistency with the Local Waterfront
Revitalization Program (LWRP) for those actions subject to a Coastal
Assessment Form. Certification shall include a review and evaluation
of coastal policies in accordance with the adopted Local Waterfront
Revitalization Program (LWRP).[1]
(4)
The local lead agency shall maintain files that are open for public
inspection of all notices of proposed actions, draft and final environmental
impact statements, coastal assessment forms, certifications of consistency
with Local Waterfront Revitalization Program policies and written
determinations.
Lots, structures, uses of land and structures and characteristics
of use which lawfully existed at the time of the enactment of this
chapter or any amendment thereto and which would be prohibited or
restricted under the terms of these regulations may be continued subject
to the following provisions:
A.
Intent. It is the intent of this chapter to permit nonconforming
uses to continue until they are removed, but not to encourage their
survival. A change in the ownership of a nonconforming use, lot or
structure shall not affect the right to continue the use. Where a
use, lot or structure created before enactment of this chapter or
any amendment thereto is rendered nonconforming by the subsequent
enactment or amendment, the purchaser of the property will have the
same rights as the seller.
B.
Enlargement. No nonconforming uses shall be enlarged or increased,
nor extended to occupy a greater area of land than was occupied at
the effective date of the adoption of this chapter or any amendment
thereto.
C.
Unsafe structures. Any structure or portions thereto declared unsafe
by a proper authority may be restored to a safe condition.
D.
Alterations. A nonconforming structure may not be reconstructed or
structurally altered to an extent exceeding in aggregate cost 50%
of the assessed value of the structure, as adjusted to full value,
based upon the State Board of Real Property Tax Services rates of
said structure, unless the structure shall be changed to a conforming
use.
E.
Restoration. No nonconforming structure damaged by fire or other
causes to the extent of more than 75% if its assessed value based
upon the State Board of Real Property Tax Services rates, shall be
repaired or rebuilt except in conformity with the requirements of
these regulations; except residential property owners may rebuild
a home on the same foundation area, provided that:
(1)
That the property owner provides the Zoning Enforcement Officer an
instrument survey demonstrating that the foundation lies totally within
the property boundaries.
(2)
The owner provides County Health Department approval for the new
construction.
(3)
All other applicable laws are in compliance with the new construction.
F.
Discontinuance. Whenever a nonconforming use has been discontinued
for a period of one year, use shall not thereafter be reestablished
and any future use shall be in conformity with the provisions of this
chapter.
G.
Changes. Once changed to a conforming use, no structure or land so
changed shall be permitted to revert to a nonconforming use.
H.
Displacement. No nonconforming use shall be extended to displace
a conforming use.
I.
Moving. Should any structure be moved for any reason for any distance,
it shall thereafter conform to the requirements for the district in
which it is located after it is moved.
J.
Existing undersized lots of record.
(1)
Any record lot held in single and separate ownership prior to the
adoption of this chapter and whose area and/or width and/or depth
are less than minimum requirements specified herein for the district,
shall be considered as complying with this chapter and no variance
therefore shall be required provided that:
(2)
The minimum lot size of land for such nonconforming lot is at least
75 feet by 150 feet.
(3)
In any district where residences are permitted, such undersized nonconforming
lots may be used for not more than one single-family dwelling.
(4)
A lot of nonconforming size may be subdivided if each and every subdivision
of such lot is purchased by the owner or owners of the adjoining properties
to increase the size of said owner's property.
A.
Pinball and video game arcades shall not be permitted as home occupations.
B.
Arcades shall be closed between the hours of 12:00 midnight and 8:00
a.m.
C.
No one under the age of 16 shall be permitted in an arcade while
school is in session.
D.
An owner or responsible person over the age of 18 must be on the
premises during all hours of operations.
[Added 9-17-2013 by L.L. No. 1-2013]
A.
The stand shall be set back not less than 20 feet from the edge of
the pavement or road surface.
B.
Sufficient area shall be provided to accommodate off-street parking
for not less than three vehicles on site.
C.
Such stands (including signs associated with such use) shall be removed
and appropriately stored within 10 days of the end of the harvest
season.
This section is intended to reduce impacts on neighboring property
owners and health and safety problems which may accompany alternate
energy systems.
B.
All energy collection/storage facilities and appurtenant electrical
equipment shall cause no undue interference, noise, or glare.
C.
The height limitations of this chapter shall not apply to non-wind-generated
alternative energy systems, provided that such structures are erected
only to such a height as is necessary to accomplish the purpose for
which they are intended, and that such structures do not obstruct
solar access to neighboring properties.
D.
Nothing in this section shall be deemed to give any applicant the
right to cut down surrounding trees and vegetation on the site or
any other property to reduce turbulence and increase wind flow to
a wind energy conversion system (WECS). Nothing in this section shall
be deemed to give any applicant the right to cut down surrounding
trees and vegetation on other property not owned by the applicant
to enhance solar access. Nothing in this section shall be deemed a
guarantee against any future construction or Town approvals of future
construction that may in any way impact the solar access or wind flow
to any WECS. It shall be the sole responsibility of the facility operator
or owner to acquire any necessary solar, wind flow or turbulence easements,
or rights to remove vegetation.
All residential habitation shall be in residential dwellings
as defined in this chapter. No basement sited independently of a structure
shall be inhabited as a dwelling.
A.
The ZEO shall have the authority to issue a temporary permit for
emergency housing when the principal residential dwelling is deemed
uninhabitable by local, state or federal authorities due to fuel spills,
fire, or other similar environmental or natural disasters.
B.
The temporary permit shall have a term of four consecutive months,
and shall be renewed up to a maximum of two times at the discretion
of the ZEO. Each renewal shall be four consecutive months in duration.
Individual mobile/manufactured homes or other types of housing units
approved by the ZEO shall be allowed to be used as emergency housing.
C.
The temporary permit shall be issued by the ZEO only if the following
conditions are complied with in full:
(1)
The emergency housing is connected to an acceptable water supply
system (water line, holding tank, etc.) and an acceptable sewage disposal
system (holding tank, leach field, etc.).
(2)
A bond in the sum of $5,000 shall be posted by the applicant to assure
the emergency condition is promptly corrected, and to assure the immediate
removal of the temporary housing unit from the property upon correction
of the emergency condition.
Swimming pools may be installed only as accessory structures
to a dwelling for the private use of the owners or occupants of such
dwelling and their families and guests. No swimming pool shall be
installed or maintained unless:
A.
Such pools are installed in the rear of or side yard of the premises,
unless hardship is shown.
B.
The setbacks from the side and rear lot lines shall be at least 15
feet.
C.
Anything in this chapter to the contrary notwithstanding, for in-ground
pools, there shall be erected and maintained a good quality fence
four feet in height, enclosing the entire portion of the premises
upon which such pool exists, shall be installed and entirely surrounding
the area in which such pool is located.
D.
Every gate in a fence enclosing any pool, except an opening through
the dwelling or other main building of the premises, shall be self-closing
and self-latching as required in the NYS Uniform Fire Prevention and
Building Code. Ladders on all aboveground pools shall be retractable
or capable of being locked at all times the owner or occupant of the
premises is not present at such pool.
E.
This section does not apply to farm ponds or other natural or artificial
made bodies of water located in residential areas.
This section is intended to provide the minimum level of control
necessary to accomplish the health, safety, and aesthetic objectives
of the Town. The provisions in this section shall only be applicable
to satellite parabolic antennas where the dish dimension measures
greater than 36 inches in diameter. Any antenna dish measuring 36
inches or less in diameter shall be exempt from the requirements found
in this section.
A.
All parabolic antennas shall be located on the ground at natural
grade only and shall not be installed on or above any buildings.
B.
All parabolic antennas will be located in rear yards, except they
may be placed in a front yard if a two-hundred-foot setback from the
front lot line can be obtained.
C.
One parabolic antenna shall be allowed per lot.
A.
No person other than a member of the immediate family occupying such
dwelling shall be employed full-time as part of the home occupation.
B.
No direct sales of products or merchandise from the home is allowed.
C.
There shall be no outdoor storage or display of materials, goods,
supplies or equipment related to the operation of the home occupation.
D.
The use may increase vehicular traffic flow and parking by no more
than one additional vehicle at a time, such parking shall be provided
off the street and other than in a required front yard.
E.
In no way shall the appearance of the structure be altered or the
occupation within the residence be conducted in a manner which would
cause the premises to differ from its residential character either
by the use of colors, materials, construction, lighting, signs or
the emission of sounds, noise, or vibration.
F.
The use shall not generate traffic, parking, noise, vibration, glare,
fumes, odors, or electrical interference beyond what normally occurs
in the applicable zoning district.
G.
One nameplate shall be allowed. It may display the name of the occupant
and/or the name of the home occupation. It shall not exceed one square
foot in area and attached to the structure.
H.
No more than 25% of the gross floor area of the residence shall be
used for the conduct of a home occupation.
I.
Only one commercial type vehicle may be used in connection with the
home occupation.
[Added 9-17-2013 by L.L. No. 1-2013]
A.
Family day-care home and/or group family day care.
(1)
All family day-care home and/or group family day care providers
must be licensed and registered by the Buffalo regional headquarters
of the New York State Office of Children and Family Services which
is administered by the Orleans County Department of Social Services.
The Orleans County Department of Social Services is responsible for
registration, licensing and enforcement of family day-care homes and
group family day-care homes.
(2)
A family day-care home and/or group family day care provider
must register with the Town of Kendall, provide a copy of the license
and/or a registration issued by the Orleans County Department of Social
Services and provide a copy of the liability insurance certificate
that covers the family day-care home and/or group family day care
provider.
(3)
The license issued by the Orleans County Department of Social
Services is reviewed every two years, and the home care provider must
update the Town of Kendall of any changes to his license and/or registration.
(4)
A family day-care home and/or group family day care provider
must meet all New York State building codes, New York State Health
Department codes, and all New York State Office of Children and Family
Services requirements for a family day-care home and/or group family
day care provider.
