A.
Purpose. The establishment of certain adult entertainment businesses
in the Town and Villages will tend to result in the blighting and
deterioration of the community. Accordingly, it is necessary that
these businesses be regulated in such a manner as to prevent the erosion
of the character of the Town and Villages. It is necessary to regulate
the establishment of such adult entertainment businesses within close
proximity to residentially zoned areas, schools, churches, parks,
playgrounds and amusement arcades so as to minimize the proliferation
of criminal activity and a blighting and degrading effect upon surrounding
neighborhoods.
B.
Prohibition.
(1)
No person shall cause or permit the establishment of any of
the following adult entertainment businesses, as defined in this chapter
hereof within 500 feet of any building containing residential dwelling
or rooming units or within 1,000 feet of any church, school, park,
playground, amusement arcade or existing adult entertainment businesses:
adult bookstore, adult cabaret, adult mini-motion-picture theater,
adult motion-picture arcade or adult motion-picture theater.
(2)
The establishment of an adult entertainment business shall include
the opening of such business as a new business, the relocation of
such business or the conversion of an existing business location to
any of the uses described in this chapter.
(3)
No adult entertainment business shall be conducted in any manner
that permits the observation of any material depicting, describing
or relating to specified sexual activities or specified anatomical
areas from any public way or from any property not registered as an
adult entertainment business. This provision shall apply to any display,
decoration, sign, show window, screen or other opening.
C.
Measurement of distances. For the purposes of this section, measurements
shall be made in a straight line, without regard to the intervening
structures or objects, from the nearest portion of the building or
structure used as a part of the premises for an adult entertainment
business to the nearest property lines of a building containing a
residential dwelling or rooming unit, a church, school or amusement
arcade or to the nearest boundary of a park or playground.
D.
Penalties for offenses. Any person violating any provisions of this
section shall, upon conviction, be punishable as provided in Town
and Village Law.
A.
The sale of new or used vehicles may be allowed by special use permit,
provided the following:
(1)
The sales area shall be paved, suitably graded and drained,
and maintained in a neat and orderly manner.
(2)
The number of cars that may be for sale on the premises must
be specified on the special use permit. An increase in the number
of cars to be sold shall require a new permit.
(3)
A spill prevention plan is provided.
B.
All maintenance, service and repairs of motor vehicles shall be performed
fully within an enclosed structure. No motor vehicle parts or partially
dismantled motor vehicles shall be stored outside of an enclosed structure
or screened area.
C.
No vehicles shall be displayed for sale within 10 feet of the property
line.
D.
The retail sales of fuel shall not be permitted.
Gasoline stations, service stations, motor vehicle repair shops,
motor vehicle sales agencies, and drive-in businesses shall comply
with the following:
A.
No such use shall be located within 150 feet from any lot or parcel
occupied by a hospital, library, school or church. Measurement shall
be made between nearest respective lot lines.
B.
Any such use shall be buffered from adjacent uses by no less than
10 feet.
C.
The entire site area that is traveled by motor vehicles shall be
hard-surfaced (i.e., asphalt, concrete, or any other dust-free surface).
D.
Rubbish, oil cans, tires, discarded motor vehicle parts and components
and other waste materials may be stored up to one month in a completely
fenced-in opaque enclosure adjacent to the building, provided that
the area of such enclosure shall not exceed 5% of the area of the
principal service station building. There shall be no storage of any
items, at any time outside of such enclosure or building.
F.
Motor vehicle repair shops and service stations shall comply with
the following regulations:
(1)
The number of vehicles that can be accommodated on site for
repair and storage is to be determined by the Planning Board.
(2)
Motor vehicle repair garages shall not be used for the storage,
sale, rental or display of automobiles, trucks, trailers, mobile homes,
boats, snowmobiles or other vehicles.
(3)
All maintenance, service and repairs of motor vehicles shall
be performed fully within an enclosed structure. No motor vehicle
parts or unlicensed motor vehicles shall be stored outside of an enclosed
structure.
(4)
A spill prevention plan is provided.
(5)
No vehicle in for repair may remain outside longer than 10 days.
G.
Gasoline stations shall comply with the following regulations:
(1)
In addition to the information required for site plan review,
the plan shall also indicate the location, number, capacity, and type
of fuel storage tank, the number of pumps to be installed, and the
depth to the tanks.
(2)
Gas stations may include retail sales of food, convenience items,
and minor automotive supplies or liquids, provided that the sales
of such items are within an enclosed structure and are an accessory
use. Sales areas outside of the primary structure may be displayed
on the pump islands or the building island only.
(3)
Gasoline stations shall be under the control of an attendant
at all times during the hours of operation.
(4)
Fuel pumps shall be located no closer than 20 feet from the
public right-of-way or 50 feet from any other property lines.
(5)
All storage facilities for fuel, oil, gasoline or similar substances
shall be underground and shall be at least 25 feet from any property
line. Tanks shall be installed and maintained in accordance with all
state and federal standards as well as the following specified standards:
(a)
Prior to installation, the Administrative Officer shall be provided
with a copy of the specifications and the date of the proposed installation.
No tank shall be covered until inspected and approved.
(b)
If at any time a leak is detected, the owner shall immediately
make the necessary repairs. If, at the discretion of the Administrative
Officer, the condition results in a threat to public safety, the gasoline
service station may be shut down until repairs are made.
(c)
For the purpose of required yards and setbacks, pumps and canopies
shall be considered structures and shall not be located in any required
yard.
(6)
In the event that a service station is abandoned, as determined
by the Administrative Officer, the owner shall comply with the Fire
Prevention Code, Abandonment or Removal of Underground Tanks. The
owner shall also remove all signs and lighting poles and provide adequate
protection against unlawful entry into buildings and onto the property
and shall close all vehicular entrances to the property. A service
station shall be deemed abandoned if it is not in active operation
for a period of 12 consecutive months.
A.
Any campsite shall be located and maintained only in those districts
as permitted in this chapter and in accord with the standards set
forth in this chapter.
B.
All existing campsites of record shall be exempt from this chapter,
except that they shall comply with this section whenever and wherever
any addition, expansion or alteration of the use or operation is proposed.
C.
Before a special permit for a campsite is issued, the Planning Board
shall determine that the proposed use is designed and arranged in
accordance with the following standards:
(1)
Site. The campsite shall be located on a well-drained site which
is properly graded to ensure rapid drainage and be free at all times
from stagnant pools of water.
(2)
Lots. Each campsite shall be marked off into lots. The total
number of lots in such campsite shall not exceed 12 per acre. Each
lot shall have a total area of not less than 2,500 square feet, with
a minimum dimension of 30 feet. No more than one recreational vehicle
shall be permitted to occupy any one lot.
(3)
Setbacks. All recreational vehicles, tents and the like shall
not be located nearer than a distance of:
(a)
At least 25 feet from an adjacent property line, except residential
property.
(b)
At least 100 feet from any adjacent residential property line.
(c)
At least 100 feet from the right-of-way of a public street or
highway.
(d)
At least 10 feet from the nearest edge of any roadway location
within the park or camp.
(4)
Recreational vehicle stand. Each recreational vehicle lot shall
have a stand of sufficient size and durability to provide for the
placement and removal of recreational vehicles and for the retention
of each recreational vehicle in a stable condition. The stand shall
be suitably graded to permit rapid surface drainage.
(5)
Accessibility. Each campsite shall be easily accessible from
an existing public highway or street, with entrances and exits designed
and strategically located for the safe and convenient movement into
and out of the campsite and with minimum conflicts with the movement
of traffic on a public highway or street. All entrances and exits
shall be at right angles to existing public highways or streets, and
all entrances and exits shall be of sufficient width to facilitate
the turning movements of recreational vehicles.
(6)
Street system.
(a)
Each campsite shall have improved streets to provide convenient
access to all lots and other important facilities within the campsite
or camp.
(b)
The street system shall be so designated to permit safe and
convenient vehicular circulation within the campsite or camp.
(c)
All streets shall intersect at right angles.
(e)
Except in cases of emergency, no parking shall be allowed on
such streets.
(f)
An improved driveway shall be provided for each lot. This driveway
shall have a minimum width of nine feet.
(7)
Utilities. All sewer and water facilities provided in each campsite
shall be in accordance with the regulations of the New York State
Department of Health and the New York State Department of Environmental
Conservation.
(8)
Open space. Each campsite designed for 20 or more sites shall
provide a common open area suitable for recreation and play purposes.
Such open space shall be conveniently located. The open space area
shall be 10% of the gross land area of the campsite but not less than
one acre.
(9)
Improvements. Lighting, landscaping and buffer areas may be
required by the Planning Board and shall be in keeping with surrounding
development, the unique features of the site and the health and safety
of occupants of the campsite.
(10)
Management. Every campsite shall be managed from an office located
on the premises. The manager shall maintain the campsite in such a
manner so as to protect the health, safety and comfort of all persons
accommodated in the campsite and so as to preserve the campsite in
a clean and attractive manner.
(11)
Removal of wheels. Unless special consent is given by the Planning
Board, it shall be unlawful to remove wheels from any recreational
vehicle or otherwise permanently affix such travel trailer to the
ground. Such removal shall be grounds for the revocation of the permit
for such campsite.
Car washes shall comply with the following additional regulations:
A.
All washing facilities shall be completed within an enclosed building.
B.
Vacuuming facilities may be outside of the building but shall not
interfere with the free flow of traffic on or off the site.
C.
Where gasoline stations are either a principal use with or an accessory
use to the car wash, the requirements of the gasoline station shall
also be adhered to.
D.
Discontinuance of use. In the event a car wash is abandoned, as determined
by the Building Official, the owner shall immediately remove any outdoor
vacuums, all signs and lighting poles. The owner shall also provide
adequate protection against unlawful entry into the building and onto
the property and shall close all vehicular entrances to the property.
A car wash shall be considered abandoned if it is inactive for a period
of 12 consecutive months.
A.
Drive-through facilities, including any protective canopies, signage,
drive-through travel lanes, or other associated elements, shall meet
the setback requirements for the property.
B.
Within the Central Business Zoning District, drive-through facilities
must be placed to the rear of the structure in order to ensure that
their presence does not obstruct pedestrian access to the building
and along the public right-of-way. A detached facility may be used
to accomplish this.
C.
Drive-through facilities with an amplified audio/visual system shall
be setback a minimum of 30 feet from the property line. These facilities
shall not be located adjacent to residential uses or districts.
D.
Stacking space for these facilities shall not impede on- or off-site
traffic movements. The stacking space shall be delineated from other
internal areas through the use of pavement markings.
Eating and drinking establishments that are adjacent to residential
uses or districts shall be buffered or screened to minimize visual
and auditory impacts in a method approved by the Planning Board and
in accordance with the regulations set forth in Part 5, especially
pertaining to landscaping, outdoor lighting, and parking.
A farm stand may be permitted as a seasonal accessory use within
the RR District and sell agricultural and horticultural products produced
on the premises or produced by the owner of a local farm, subject
to the following regulations:
A.
No more than one structure of a temporary and movable nature shall
be permitted and shall not exceed 2,000 square feet in total floor
space.
B.
The ground display area shall be immediately adjacent and secondary
to the farm stand and shall not exceed 1,600 square feet in area.
C.
The farm stand shall be permitted only during the recognized season
for the production or harvest of such products, and sales shall occur
between dawn and dusk.
D.
A farm stand shall be located at least 20 feet from any public rights-of-way.
E.
An off-street parking area for at least two vehicles shall be provided.
F.
No products other than homegrown fruits, vegetables, dairy products,
nursery stock, or value-added products produced on-site from other
products grown on-site may be sold or offered for sale at such stands.
G.
One sign shall be permitted. The sign must be removed when the stand
closes for the season.
A.
Permitted home occupations include, but shall not be limited to,
the following uses: lawyer, accountant, author, doctor, engineer,
dentist, architect, consultant, realtor, insurance agent/broker, counselor,
artist, teacher, tutor, beautician, barber, tailor, dressmaker and
repairman, excluding the repair of motor vehicles.
B.
The home occupation shall be carried on wholly within the principal
building of an owner-occupied one-family dwelling and shall not cover
more than 15% of the floor area.
[Amended 3-3-2020 by L.L. No. 3-2020]
C.
Not more than one person outside the family shall be employed in
the home occupation.
D.
There shall be no exterior display or storage of materials and no other exterior indication of the home occupation or variation from the residential character of the principal building with the exception of a permitted sign. The sign shall be placed in accordance with Article 52 of this chapter.
E.
No offensive, noise, vibration, smoke, dust, odors, heat, light,
or glare shall be produced.
F.
Use of property as a drop-off point for merchandise not produced
by such home occupation is prohibited.
G.
The selling of merchandise to walk-in customers and the selling of
merchandise not produced by such home occupation is prohibited.
[Amended 3-3-2020 by L.L. No. 3-2020]
H.
Parking for home occupations shall be permitted in accordance with the parking regulations in Article 51. A maximum of two off-street parking spaces shall be provided.
I.
The home occupation shall not involve wholesaling nor the storage
of automobiles.
J.
One freestanding or wall-mounted sign shall be allowed. The maximum
size of the sign shall be two square feet.
K.
Inventory and supplies shall not occupy more than 50% of the area
permitted to be used as a home occupation.
[Added 3-3-2020 by L.L.
No. 3-2020]
L.
The home occupation shall not involve any operation considered to
be hazardous.
[Added 3-3-2020 by L.L.
No. 3-2020]
[Amended 3-6-2012 by L.L. No. 1-2012]
The keeping, sheltering, or maintenance of livestock and/or
poultry, within an agricultural farming operation located in a county
agricultural district, shall be subject to New York State Agriculture
and Markets Law.
The keeping, sheltering, or maintenance of livestock and/or
poultry, not within an agricultural farming operation located outside
of a county agricultural district, shall be permitted only in the
Rural Residential District and is subject to the following standards:
A.
The minimum parcel size shall be three acres.
B.
A maximum of two livestock may be kept, sheltered, or maintained
per three acres minimum.
C.
One additional livestock may be kept, sheltered, or maintained for
each additional acre over the three-acre minimum.
D.
Storage of manure or other odor-producing material or housing for
livestock or poultry shall not be allowed within a minimum of 100
feet of any residentially zoned lot line or private well.
[1]
Editor's Note: Former § 300-40.10.1, Domesticated
chickens, added 10-3-2017 by L.L.
No. 10-2017, was repealed 11-17-2020 by L.L. No. 9-2020.
A.
The kennel and its operation will not create nuisance conditions
for adjoining properties due to noise or odor in accordance with the
performance standards contained in the local laws of the Town and
Villages.
B.
All animals will be confined to the property and housed in an enclosed
structure in humane conditions (i.e., protected from weather, clean
and sanitary, adequate space, nonporous surfaces, well-ventilated,
etc.).
C.
Animals are to be kept inside an enclosed structure between the hours
of 8:00 p.m. and 6:00 a.m.
D.
Adequate methods for sanitation and sewage disposal, which may require
a waste disposal plan at the discretion of the Planning Board. The
disposal plan, at a minimum, should outline the approximate amount
of sewage expected, methods to properly dispose of the sewage, and
methods for sanitation for the kennel. Certification by a licensed,
professional engineer and/or the New York State Department of Health
may be required if existing disposal systems are utilized or new systems
installed.
E.
Kennels and exterior pens, including dog runs, shall be located at least 20 feet from any lot line and 200 feet from all residential districts except the Rural Residential District. Landscaping, screening or buffering may be required by the Planning Board to minimize the visual and auditory impact to neighboring properties subject to the regulations in Article 54.
For the purposes of this section, any reference to a "mobile home" also applies to a "manufactured home" as defined in Part 7 of this chapter.
A.
Permanent residence. A year-round mobile home is permitted as a principal
use in the Rural Residential District, provided that the following
standards and conditions are met:
(1)
The mobile home shall be installed in compliance with the New
York State Uniform Fire Prevention and Building Code and shall be
protected from ground frost heaves by one of the following methods:
(2)
The mobile home shall be skirted with a noncombustible material
so as to enclose the area between the floor of the mobile home and
the ground. Such skirting is to be properly ventilated and must be
completed within 30 days after arrival.
(3)
The water supply system and sewage disposal system for the mobile
home shall be approved by the County Health Department.
(4)
The mobile home shall have a minimum floor area of 400 square
feet.
B.
Mobile homes and trailers may be used as temporary facilities at
construction sites after building permits are issued for the proposed
principal building and mobile home or trailer. The trailer or mobile
home shall be removed upon the expiration of the building permit or
upon the issuance of a certificate of occupancy from the Administrative
Officer.
C.
Mobile homes and trailers may be used as temporary facilities for
public construction or other public utility construction and may be
located on any lot or adjacent to the construction site. The mobile
home or trailer may be placed after the acceptance of the contract
to start construction and upon being granted a building permit. The
mobile home or trailer shall be removed upon final payment for the
project and notification by the Administrative Officer.
D.
This section does not affect mobile home sales in a designated Commercial
or Industrial District.
A.
Driveways for ingress and egress shall be as required by the Planning
Board.
B.
Dimensional requirements. The minimum distance between buildings
in a multifamily development shall be 25 feet. No multifamily dwelling
or required recreation area shall be closer than 50 feet to any property
lines. The only exception is within the CB District, where setbacks
shall be determined through a site plan review.
C.
Parking areas may be located in any yard other than the front yard,
but no closer than 20 feet from any property line and shall comply
with all other regulations of the district in which the use is located.
D.
Each multifamily dwelling development shall provide a recreation
area or areas furnished with suitable equipment at a standard of 400
square feet for the first 10 units and an additional 100 square feet
for each additional five units or fraction of five thereafter.
E.
Development applications for multifamily dwelling units shall be subject to site plan review by the Planning Board in accordance with Article 63 (Site Plan Review and Approval) of this chapter.
F.
All dwelling units and structures shall comply with the NYS Uniform
Code.
G.
Stairways to upper floors shall be located inside the building.
For go-cart tracks for electric or gasoline-powered go-cart
rides, similar vehicular tracks and miniature golf courses, the following
restrictions shall apply:
A.
Gasoline or electric-powered go-cart rides, similar vehicular tracks:
(1)
No person shall cause or permit the establishment of a go-cart
track or similar vehicular track within 500 feet of any residentially
zoned district or within 500 feet of any church, school, park, playground
or existing go-cart track, similar vehicular track or miniature golf
course. For the purposes of this section, measurements shall be made
in a straight line, without regard to intervening structures or objects,
from the nearest portion of the property used as a part of the premises
for the track and/or course to the nearest property line of a residentially
zoned district, church or school or to the nearest boundary of a park
or playground.
(2)
Operating hours shall be limited to the hours between 10:00
a.m. and 10:00 p.m. daily.
(3)
The sale or use of alcoholic beverages shall be prohibited.
(4)
Adequate toilet facilities for employees and customers shall
be provided on site.
(5)
A solid wall having a minimum height of six feet, incorporating
noise-absorbing material on the inside, shall be placed on all sides
of the facility that abut residentially occupied property. Noise levels
shall be limited to 65 dB as measured 75 feet outside the wall. The
remaining sides of the property shall be fenced with a fence having
a minimum height of four feet.
(6)
Only operator-owned go-carts or other vehicles shall be allowed.
No individually owned go-carts or other vehicles shall be allowed.
(7)
Parking requirements for go-carts and other vehicles are three
parking spaces for every one go-cart or similar vehicle.
B.
Miniature golf course uses:
(1)
Operating hours shall be limited to the hours between 10:00
a.m. though 10:00 p.m. Sunday through Thursday and 10:00 a.m. through
11:00 p.m. on Friday and Saturday.
(2)
The course shall be fenced with a fence having a minimum height
of four feet.
(3)
The sale or use of alcoholic beverages shall be prohibited.
(4)
Adequate toilet facilities for employees and customers shall
be provided on site.
Outdoor storage shall be allowed only in nonresidential districts and shall be subject to the following requirements. This section does not affect the storage of trailers, boats and recreational vehicles as regulated in § 300-40.19.
A.
Central Business and Neighborhood Commercial Districts.
(1)
Outdoor storage shall not be allowed in the front yard.
(2)
Outdoor storage shall not occupy more than 10% of the entire
lot area.
(3)
All outdoor storage shall be fully screened to ensure the area
is not visible from the public right-of-way or adjacent residential
districts or uses.
(4)
Screening shall be of sufficient height and density to completely
hide the storage from public view.
(5)
Screening shall be of sufficient height and density to completely
hide storage from major highways, passenger rail lines and other public
accessways.
(6)
All screening shall be maintained in such a manner as to present
a neat and orderly appearance at all times.
B.
General Commercial and Industrial Districts.
(1)
Outdoor storage shall not be allowed in the front yard setback.
(2)
All outdoor storage shall be fully screened to ensure the area
is not visible from the public right-of-way or adjacent residential
districts or uses.
(3)
Screening shall be of sufficient height and density to completely
hide the storage from public view.
(4)
Screening shall be of sufficient height and density to completely
hide storage from major highways, passenger rail lines and other public
accessways.
(5)
All screening shall be maintained in such a manner as to present
a neat and orderly appearance at all times.
(6)
Contractor storage must be a minimum of 200 feet from a residential
or open space district.
Public utility installations shall comply with the following:
A.
Such facility shall be surrounded by a fence approved by the Planning
Board.
B.
The facility shall be landscaped in a manner approved by the Planning
Board.
C.
To the extent practicable, equipment shall be stored so as not to
be visible from surrounding properties.
D.
Any other requirements as determined by the Planning Board through
Site Plan Review.
A.
Expansions, closures, or any other alterations of bank earth product
excavation operations shall require a site plan review by the Planning
Board and may be subject to performance standards contained in other
local laws of the Town or Villages.
B.
Compliance with New York State Department of Environmental Conservation
regulations for mining if more than 1,000 tons or 750 cubic yards
of materials are removed from a site or more than 100 cubic yards
of materials in or adjacent to any body of water. (See Environmental
Conservation Law, Article 15.)
C.
During the restoration of a quarry or excavation facility, the following
shall apply:
(1)
The surface slope of any excavation shall not exceed one foot
of vertical rise for each 1 1/2 feet of horizontal distance.
(2)
The finished floor of the excavation shall conform to adjacent
surfaces and be free of holes, water pools, mounds of debris, and
other potential hazards.
(3)
The finished excavation shall be surfaced with a minimum of
three inches of topsoil, graded, and seeded.
D.
Open excavations along a street or highway, within 10 feet of a walkway or public right-of-way, shall be enclosed with a substantial guardrail or fence and are subject to the regulations set forth in Article 54 of this chapter. Abutting public properties and streets shall be protected by proper support to prevent damage.
It shall be unlawful for any person, firm or corporation to
park a trailer, recreational vehicle or boat on any street, alley,
right-of-way or other public place. No trailer, recreational vehicle
or boat shall be parked, used or occupied on any tract or parcel of
land except as herein provided:
A.
Trailers, recreational vehicles and boats may be placed on a residential lot as an accessory use for the purpose of storage of such trailers, recreational vehicles or boats but shall not be parked within the required accessory side or rear setback of the premises, shall maintain a minimum front setback of 10 feet and shall comply with § 300-53.14, Visibility at intersections. For the purpose of clarity, storage as defined in this § 300-40.19A is an accessory use and shall not be permitted where no primary use exists.
[Amended 5-20-2014 by L.L. No. 5-2014]
B.
This section does not affect trailer, boat and recreational vehicle
sales or rental in a designated Commercial or Industrial District.
A.
Repair and service of commercially licensed vehicles may be permitted
with the issuance of a special use permit for motor vehicle repair
within an enclosed building.
B.
Loading doors or docks shall not be located adjacent to any residential
use or zone or along street frontage.
C.
Any outdoor storage of materials shall be subject to the outdoor storage requirements specified in § 300-40.16.
D.
Idling of vehicles shall be limited to five minutes in any sixty-minute
period, unless required for mechanical or electrical operations and
not for cabin comfort or nonessential equipment or for emergency operations.
Facility owners shall be responsible for compliance (Ref: Environmental
Conservation Law, Part 217-3).
E.
A fueling station may be allowed as an accessory use with the issuance
of a special permit.
F.
Landscaping and buffering may be required by the Planning Board if the facility is adjacent to less intensive uses, such as retail, residential, or mixed uses. Any landscaping or buffering required shall conform to the standards set forth in Article 54 (Landscaping, Screening, and Buffer Regulations).
G.
The Board shall also take into consideration the character of the
area, the traffic impacts, the proximity to arterial roadways suitable
for large trucks, and other pertinent issues.
[Added 9-4-2012 by L.L. No. 10-2012]
The sale or offering for sale to the general public of over
five items of personal property on any portion of a lot in any zoning
district, whether within or outside any residential building, shall
constitute a garage sale for purposes of this chapter. Garage sales
shall be for a period not exceeding three consecutive days. Residential
dwellings or lots shall be allowed no more than three garage sales
in any one calendar year, and each such garage sale must be at least
one week apart.
[Added 6-21-2022 by L.L.
No. 11-2022]
A.
Corner stores, vape shops, tobacco retail stores and hookah bars
shall only be permitted in the Central Business (CB), Neighborhood
Commercial (NC), General Commercial (GC) and Urban Multifamily (UMF)
Districts.
B.
Such uses are prohibited within 500 feet of the i-District Overlay.
C.
Corner stores, vape shops, tobacco retail stores and hookah bars
shall only be located as follows:
(1)
Not within 1,000 feet of more than one other lot with a corner
store use defined as an eating and drinking establishment;
(2)
Not within 1,000 feet of more than three other lots with a corner
store use defined as retail or general service uses;
(3)
Not within 1,000 feet of more than one other lot with a vape
shop, tobacco retail store or hookah bar;
(4)
Not within 500 feet to a property line of a zoning district
where the use is prohibited.
E.
All storage of materials and trash shall occur within the building
area devoted to the use. There shall be no external storage of materials
or trash.
F.
Only one external sign may be displayed on the building's facade,
provided that the sign is not illuminated and is flush-mounted.
G.
General provisions of corner stores:
(1)
A corner store use shall include a retail, general service,
or eating and drinking establishment, all subject to the provisions
of this section.
(2)
The allowable total area for a corner store shall be 1,200 square
feet, and shall be limited to the ground story.
(3)
There shall be no on-site cooking of food or installation of
grease traps; however, food assembly and reheating are permitted in
a corner store.
(4)
There shall be no sale of alcoholic beverages for on-site consumption
in a corner store.
(5)
There shall be no on-site use or storage of dry-cleaning chemicals
in a corner store.
H.
A corner store for which the use is a fresh food market or grocery
store devoted primarily to the retail sale of food shall be permitted
as a matter of right, subject to the following conditions:
(1)
The use shall not operate between 10:00 p.m. and 7:00 a.m.;
(2)
A minimum of 40% of customer-accessible sales and display area
shall be dedicated to the sale of a general line of food products
intended for home preparation and consumption;
(3)
A maximum of 15% of sales of the corner store located on the
ground floor of the building may be devoted to the sale of tobacco
or tobacco-related products when approved with a special use permit
by the Planning Board.
(4)
A maximum of 15% of sales of the corner store located on the
ground floor of the building may be devoted to the sale of alcohol
for off-site consumption only when approved with a special use permit
by the Planning Board.
I.
A corner store use that is not permitted as a matter of right pursuant to Subsection H shall be permitted with a special use permit by the Planning Board, subject to the following conditions:
(1)
A corner store use shall be located so that it is not likely
to become objectionable to neighboring property because of noise,
traffic, deliveries, or other objectionable conditions;
(2)
The applicant shall demonstrate that the proposed corner store
use will not detract from the overall character of the area and will
enhance the pedestrian experience by providing within the application
the following information:
(a)
A description of proposed uses, activities, goods sold, or services
rendered;
(b)
Proposed size and location within the principal building;
(c)
Proposed number of employees at any one time and in total;
(d)
Proposed hours of operation;
(e)
Proposed signage;
(f)
Any proposed amplified music or other sound outside of the building
containing the corner store use;
(g)
Proposed parking number, location, and screening such that any
parking shall be fully screened from all adjacent properties, streets
and alleys;
(h)
Proposed location of all storage;
(i)
Proposed location of trash storage and method and timing for
removal; and
(3)
Any modifications to the building facade, including changes
to window and door openings, shall be provided;
(4)
A maximum of 15% of sales of the corner store located on the
ground floor of the building may be devoted to the sale of tobacco
or tobacco-related products when approved with a special use permit
by the Planning Board; and
(5)
A maximum of 15% of sales of the corner store located on the
ground floor of the building may be devoted to the sale of alcohol
for off-site consumption only when approved with a special use permit
by the Planning Board.
[Added 9-6-2022 by L.L.
No. 15-2022]
A.
Definition. Overdose prevention centers, heroin safe zones, supervised
consumption facilities or supervised injection sites (hereinafter
"OPC") are medically supervised facilities designed to provide an
environment in which people are able to consume, ingest, inject or
otherwise use illicit recreational drugs, intravenously or otherwise.
OPC does not include facilities with harm-reduction programs (e.g.,
syringe exchange programs) unless the programs include the supervised
consumption, ingestion, injection or use of an illicit recreational
drug.
B.
Prohibition. No person shall cause or permit the establishment of
any type of OPC within the I-District overlay or within 250 feet of
any building containing residential dwelling or rooming units or within
500 feet of any church, school, park, playground, amusement arcade
or existing OPC.
C.
Where allowed, an OPC will only be allowed by special use permit,
provided the following:
(2)
Such OPC shall in all cases comply fully with any licensing
requirements of New York State (and any state department), the county
(and any county department), all other applicable designated authorities,
and comply with all local, state and federal rules, laws and regulations.
(3)
In order to prevent concentration of OPCs and to lessen the
impact on a neighborhood, the Planning Board shall exercise discretion
in considering such special permit application in order that the facilities
have a minimal and reasonable impact. This impact will consider, among
other factors, hours of operation, storage of controlled substances,
traffic, parking, and safety for both the proposed served population
and the neighborhood.
(4)
The Planning Board may require as a condition of approval any
safeguards necessary to protect the character and value of lands in
the area, including requirements for reservation of lands or funds
to increase public recreational facilities supportive of such facilities.
Additionally, where such facilities are eligible for tax exemption,
the Planning Board is encouraged to request an equitable payment of
fees in lieu of taxes or host community agreement to offset the costs
of public services to such facilities.
(5)
No offensive, noise, vibration, smoke, dust, odors, heat, light,
or glare shall be produced.
[Added 11-15-2022 by L.L.
No. 17-2022]
A.
Purpose and intent. The purpose and intent of this section is to
set forth the Village of Johnson City statutory requirements regarding
the establishment, siting, and operation of electric vehicle supply
equipment in order to protect the public health, safety, and welfare
of the residents of the Village of Johnson City, to facilitate access
to electric vehicle supply equipment, and to protect and promote the
visual and aesthetic character of the Village.
B.
ELECTRIC VEHICLE CHARGING LEVEL
(1)
(2)
(3)
ELECTRIC VEHICLE CHARGING STATION, PUBLIC USE
ELECTRIC VEHICLE CHARGING STATION, RESTRICTED USE
ELECTRIC VEHICLE SUPPLY EQUIPMENT (EVSE)
Definitions. For purposes of this section, and where not inconsistent
with the context of a particular subsection, the defined terms, phrases,
words, abbreviations, and their derivations shall have the meanings
given in this section. When not inconsistent with the context, words
in the present tense include the future tense, words used in the plural
number include words in the singular number, and words in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
The standardized indicators of electrical force, or voltage,
at which an electric vehicle's battery is recharged; more specifically
defined as the following:
Level 1 is considered slow charging, typically requiring a 15-
or 20-amp breaker on a 120-volt AC circuit and standard outlet.
Level 2 is considered medium charging, typically requiring a
40-amp to 100-amp breaker on a 240-volt circuit.
Level 3, or DC fast charge, is considered rapid charging, typically
requiring a 60-amp or higher dedicated breaker on a 480-volt or higher
three-phase circuit with special grounding equipment. DC fast charging
uses an off-board charger to provide the AC to DC conversion, delivering
AC directly to the car battery.
An electric vehicle charging station that is:
An electric vehicle charging station that is:
The conductors, including the ungrounded, grounded, and equipment
grounding conductors and the electric vehicle conductors, attachment
plugs, and all other fittings, devices, power outlets, or apparatus
installed specifically for purposes of delivering energy from the
premises wiring to the electric vehicle.
C.
Permitted locations.
(1)
Level 1 and Level 2 charging stations are permitted in every
zoning district, when accessory to the primary permitted use. Level
1 charging stations shall require an electrical permit when located
in a residential zoning district. Level 2 charging stations shall
be subject to building permit approval. A letter from the utility
company servicing the proposed charging station site certifying that
the electrical system capacity and loads are sufficient, or will be
upgraded to be sufficient to accommodate the charging station(s),
shall be submitted with the building permit application.
(2)
Level 3, or DC fast charge, charging stations are permitted
by right in the following zoning districts when accessory to the permitted
use. Installation of Level 3 charging stations shall also be subject
to building permit approval. A letter from the utility company servicing
the proposed charging station site certifying that the electrical
system capacity and loads are sufficient, or will be upgraded to be
sufficient to accommodate the charging station(s), shall be submitted
with the building permit application.
(4)
If the primary use of a parcel is the retail charging of electric
vehicle batteries, then the use shall be considered a gasoline station
and a transportation and freight terminal facility for zoning purposes.
Installation of charging stations shall be located in zoning districts
that permit gasoline service stations and transportation and freight
terminal facilities and shall be subject to all regulations that apply
to gasoline service stations.
D.
Design standards and other criteria for electric vehicle supply equipment.
(1)
Electric vehicle charging station, restricted use.
(a)
Electric vehicle charging stations shall be located in a manner
that will not allow public access to the charging station.
(2)
Electric vehicle charging station, public use.
(a)
Electric vehicle parking and charging stations shall be equal to parking space size and performance standards as provided in Article 51 of this chapter. The installation of electric vehicle supply equipment shall not reduce the electric vehicle parking space length to below off-street parking space size and standards required under Article 51.
(b)
Installation of EVSE shall meet National Electrical Code Article
625.
(c)
Charging station outlets and connectors shall be no less than
36 inches and no higher than 48 inches from the surface where mounted.
(d)
Adequate electric vehicle charging station protection, such
as concrete-filled steel bollards, shall be installed. Curbing may
be used in lieu of bollards if the charging station is set back a
minimum of 24 inches from the face of the curb.
(e)
Adequate site lighting should be provided unless charging is
for daytime purposes only.
(f)
If time limits or vehicle removal provisions are to be applied,
regulatory signage including parking restrictions, hours and days
of operation, towing, and contact information shall be installed immediately
adjacent to, and visible from, the electric vehicle charging station.
(g)
When EVSE is placed in a sidewalk or adjacent to a walkway, it shall not interfere with the minimum pedestrian clearance widths as defined in Chapter 11 of the New York State Building Code, Accessibility. Cords, cables, and connector equipment shall not extend across the path of travel within a sidewalk or walkway.
(3)
Signage.
(a)
GENERAL SERVICE SIGNS
REGULATORY SIGNS
TRAILBLAZING (SPECIAL) SIGNS
Definitions. As used in this section, the following terms shall
have the meanings indicated:
Signs intended to provide direction and general guidance
to the charging station and should be installed at a suitable distance
in advance of the turn-off or intersecting roadway, or at the charging
station.
Signs required to enforce the type of vehicle and duration
of parking at a given EVSE parking space.
Signs utilized at the host facility to provide additional
information for drivers and visitors (i.e., green program, funding
source, tourism or economic development information, sponsorship,
etc.).
(b)
General requirements.
[1]
General service or regulatory signs shall follow
MUTCD design standards and shall be less than four square feet to
be authorized without permit in any zoning district where the EVSE
is permitted.
[2]
Trailblazing signs must not be prominent and shall
be less than four square feet to be authorized without permit in any
zoning district where the EVSE is permitted. Such signs are not required
to follow MUTCD standards and may incorporate other logos, colors
and shapes.
