No zoning permit shall be issued for the following land uses or activities until the special conditions and special use regulations set forth in this Article VI have been complied with or a variance has been granted. See also Article IV, District Regulations, for details regarding uses in the particular districts to which special conditions apply and those that require a special use permit.
A.
Permits for special uses, as defined in § 300-6, shall be issued only upon authorization by the Zoning Board of Appeals after review by the Planning Board, provided that such uses shall be found by the Zoning Board of Appeals to comply with the following general requirements and any other applicable requirements for certain special uses and activities as set forth in this chapter:
(1)
The use shall be so designed, located and proposed to be operated
that the public health, safety, welfare and convenience will be protected.
(2)
The use will not cause substantial injury to the value of other property
in the neighborhood in which it is to be located.
(3)
The use will be compatible with adjoining development and the proposed
character of the zone district in which it is to be located.
(4)
Adequate landscaping and screening shall be provided as required
herein.
(5)
Adequate off-street parking and loading shall be provided and ingress
and egress shall be so designed as to cause minimum interference with
traffic on abutting streets.
B.
An application seeking the issuance of a special use permit shall
provide the following information:
(1)
The name and address of the applicant.
(2)
The name and address of the owner of the lot to be affected by such
proposed change or use.
(3)
A brief description and the location of the lot to be affected by
such proposed change or use.
(4)
A statement of the present zoning classification of the lot in question,
the improvements thereof and the present use thereof.
(5)
An accurate description of the present improvements and the additions
or changes intended to be made under this application, indicating
the size of such proposed improvements, material and general construction
thereof. In addition, there shall be attached a sketch plan of the
real property to be affected, indicating the location and size of
the lot and the size of any improvements thereon or proposed to be
erected thereon.
(6)
A draft short-form environmental assessment form (EAF) pursuant to
the New York State Environmental Quality Review Act (SEQRA). If, upon
a review of the short-form EAF, the Town (or its attorney) determines
that a full EAF is warranted, the applicant shall submit same.
No enclosed storage area for manure or other materials creating
dust or odor shall be permitted within 100 feet of any street or residential
property line.
A.
Enclosed or permanent structures. In R Districts, essential services shall be permitted with a special use permit pursuant to § 300-46 and, in addition, shall be subject to the following regulations:
(1)
Such facility shall not be located on a residential street, unless
no other site is available, and shall be so located as to draw a minimum
of vehicular traffic to and through such streets.
(2)
The location, design and operation of such facility shall not adversely
affect the character of the surrounding residential area. The architectural
design shall be harmonious with surrounding development.
B.
Open services. Such uses shall be limited to the erection, construction, alteration or maintenance, by public utilities or municipal or other governmental agencies, of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communications, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signs, hydrants and other similar equipment and accessories in connection therewith reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health or safety or general welfare, but not including buildings. Where applicable, the landscaping regulations of § 300-34 shall apply.
A.
Roadside
stands shall only be allowed in connection with a farm operation for
the purpose of display and sale of products raised on such farm at
the farm location.
B.
All structures
associated with a roadside stand, whether permanent or temporary,
shall be set back at least 25 feet from the edge of the road right-of-way.
C.
Before
a roadside stand is constructed on any state road, the owner of the
stand must verify the required setback with the New York State Department
of Transportation.
A permitted home occupation may be operated only if it complies with the standards set forth in § 300-46B and the following conditions are met:
A.
Where permitted. A permitted home occupation shall be permitted within
a single-family dwelling unit or in a building accessory to such a
dwelling unit.
B.
Operator. The home occupation shall be operated by the person or
persons living in the dwelling in which the home occupation is located
and no more than one additional person.
C.
Evidence of use. The outside of the building shall not display or create any evidence of the home occupation, except for one sign in accordance with § 300-54 below.
D.
Extent of use. The home occupation shall not use more than 30% of
the gross floor area of the dwelling unit, except a permitted day-care
use.
E.
Permitted uses. A home occupation shall not use more than one of
the following uses, provided that such uses are clearly incidental
and secondary to the use of the property by the property owner as
a dwelling unit for the property owner's residential purposes. Provided
that the Zoning Officer issues a permit, any of the following uses
is permitted:
(1)
Medical and dental offices in accordance with provisions for off-street
parking as required herein, with not more than one nonresident assistant.
(2)
Other professional offices, including lawyer, engineer, architect
and realtor.
(3)
Custom dressmaking, tailoring, teaching, carpentry and computer.
(4)
An artist or musician.
(5)
Day care for not more than four children simultaneously.
(6)
Beauty and barber shops.
(7)
Craft shops for crafts made in the home.
(8)
Ceramic shops for ceramics made in the home.
(9)
Dog
and cat grooming shops.
F.
There shall be adequate parking for the intended use.
G.
Permits.
(1)
The Zoning Officer is hereby empowered to issue a revocable permit for any occupation to be pursued in a home upon a finding by the Zoning Officer that Subsections A through F above will be complied with and, further, that said occupation will have no measurable impact on off-street parking or traffic flow in the neighborhood.
(2)
Upon the Zoning Officer receiving a written complaint from two or more owners of separate parcels situated within a five-hundred-foot distance of the home occupation, the Zoning Officer shall schedule a revocation hearing, pursuant to the method contained in § 300-119 of this chapter.
(3)
Application to operate a home occupation shall be made to the Zoning
Officer in writing and shall be accompanied by an application fee
as set from time to time by resolution of the Town Board.
A.
Outdoor recreation facility uses shall include miniature golf, ice
skating rinks and tennis courts, but not race tracks or go-cart tracks.
B.
In any district in which they are permitted, retail sales which are
clearly secondary to the principal use are permissible.
C.
Such facilities shall be located not less than 50 feet from any property line and shall be effectively screened from adjoining residential uses in accordance with the provisions in § 300-34.
D.
Illuminated signs and other lights shall be directed away or shielded
from adjoining residential properties in such a way as not to disturb
the occupants thereof.
E.
No public address system shall be permitted except where such system
is inaudible at any property line.
A.
Amusement centers, bowling alleys and similar places of amusement
shall be conducted entirely within an enclosed structure.
B.
Off-street parking areas shall be screened from preexisting adjoining residential properties in accordance with § 300-34.
C.
A principal structure shall be not less than 50 feet from any property
line.
Buildings in which persons are served in automobiles shall be
not closer than 200 feet to an R District and shall provide ingress
and egress so as to minimize traffic congestion. The number and location
of curb cuts shall be subject to the approval of the Town Board based
upon a review and recommendation of the Planning Board and Highway
Superintendent.
[Amended 9-3-2019 by L.L. No. 3-2019; 11-1-2022 by L.L. No. 4-2022]
Signs may be erected and maintained only when in compliance
with the following provisions:
A.
ACCESSORY SIGN
BILLBOARD
COMMERCIAL SPEECH SIGN
ELECTION SIGN
ERECT
GARAGE SALE
GROUND OF FREESTANDING SIGN
ILLUMINATED SIGN
MUNICIPAL SIGN
NONACCESSORY SIGN
NONCOMMERCIAL SPEECH SIGN
PROJECTING SIGN
TEMPORARY DEVELOPMENT SIGN
TEMPORARY SIGN
Terms defined. As used in this chapter, unless otherwise expressly
stated, the following terms shall have the meanings indicated.
Any sign related to a business or profession conducted, or
to a commodity or service sold or offered, upon the premises where
such a sign is located.
See "nonaccessory sign."
Any sign that identifies, promotes, or pertains to:
Any sign which by its content promotes or supports or opposes
a candidate or candidates for any public office or which advocates
a position on upcoming ballot proposition(s). Election signs shall
fall under the provisions of temporary signs.
To build, construct, alter repair, display, relocate, attach,
hang, place, suspend, affix or maintain any sign, including the painting
of exterior wall signs.
The sale of used household goods, clothing and equipment
of the homeowner or tenant of a residential property, from such property.
Said signs are to be removed immediately after the garage sale.
A single or multifaced sign affixed to a supporting structure
that is embedded in and extending from the ground. Any support structure
shall be included in sign area to the extent that it is larger than
that necessary to support the sign.
Any sign illuminated by electricity, gas or other artificial
light, including reflective, projected, incandescent, phosphorescent
or neon light, either interior or exterior, direct or indirect.
Any sign erected or maintained pursuant to and in discharge
of any governmental function or required by any law, ordinance or
governmental regulation; any sign erected or maintained by the Town
of Seneca Falls in furtherance of the public health, welfare or safety.
Any sign or billboard related to a business or profession
conducted, or to a commodity or service sold or offered, upon premises
other than where such sign is located.
Any sign that is not a commercial speech sign.
Any sign which projects from the exterior of any building.
A sign related to residential, commercial or industrial construction
activities.
A sign related to a single activity or event having a duration
of no more than 30 days.
B.
Exempt signs. The following types of signs are exempt from the provisions
of this section, and are permitted in all zone districts:
(1)
Historical markers, tablets and statues, memorial signs and plaques;
names of buildings and dates of erection when cut into any masonry
surface or when constructed of bronze, stainless steel or similar
material; and emblems installed by governmental agencies, religious
or nonprofit organizations.
(2)
Flags and insignia of any government.
(3)
On-premises directional signs for the convenience of the general
public, identifying public parking areas, fire zones, entrances and
exits, and similar signs.
(4)
Nonilluminated warning, private drive, posted or "no trespassing"
signs, not exceeding two square feet per face.
(5)
On-premises sign, either freestanding or attached, in connection
with any residential building in any district, for permitted professional
offices or home occupations. Such sign shall state the name and vocation
only.
(6)
Number and nameplates identifying residences, mounted on the house,
apartment or mailbox, not exceeding one square foot in area.
(7)
Lawn signs identifying residences, not exceeding one square foot
per face. Such signs are to be nonilluminated except by a light which
is an integral part of a lamppost if used as a support, with no advertising
message thereon.
(8)
Integral graphics or attached price signs on gasoline pumps at automotive
service stations.
(9)
Seasonal and holiday decorations, including lighting.
(10)
Murals or similar designs, images, or expressions on the exterior
of a building, generally for the purpose of decoration or artistic
expression, including, but not limited to, paintings, markings, and
etchings, and does not include any on- or off-site advertisement for
a commercial, industrial or other nonmunicipal entity, person or corporation.
(11)
In addition to the foregoing, two signs per parcel with a maximum
combined area of all signs shall not exceed a total of fifteen square
feet for both signs. In the case of a two-sided sign on which each
side is identical, only one side will be counted in the combined area.
C.
Temporary signs.
(1)
Temporary signs may not be erected in any public right-of-way or
on public property, including on trees, fences, utility poles, bridges,
fire hydrants or traffic signs located on such public right-of-way
or public property.
(2)
The owner and/or occupant of the property on which such signs are
erected and/or displayed shall consent to the erection of such signs
and shall be responsible for their removal.
(3)
Temporary signs allowed by this section specifically do not include
signs for the sale of goods or merchandise of any business.
(4)
Temporary signs may not be illuminated.
(5)
In residential districts, the amount of temporary signage that may
be erected per lot at any time shall not exceed three signs. No one
sign shall exceed eight square feet, and the total signage shall not
exceed 32 square feet.
(6)
In nonresidential districts, the amount of temporary signage that
may be erected per lot at any time shall not exceed three signs. One
sign may be up to 12 square feet. All remaining signs shall not exceed
eight square feet, each, and the total signage shall not exceed 32
square feet.
(7)
Temporary signs relating to an event shall be removed by the owner
or occupant of the property no later than four days thereafter.
(8)
Examples of temporary signs include elections signs, garage sale
signs, etc.
D.
E.
Signs in commercial and manufacturing districts. In addition to exempt signs under Subsection B and temporary signs under Subsection C, business and advertising signs are permitted in commercial and manufacturing districts as follows:
(1)
Such signs shall be located on the same premises as the land use
or activity they advertise or identify. Signage will be limited to
commercial speech signs. Noncommercial speech signs are not permitted
in these districts.
(2)
Such signs shall not exceed three in number for each property.
(3)
The maximum combined area shall not exceed 300 square feet. In the
case of a two-sided sign on which each side is identical, only one
side will be counted in the combined area.
(4)
Such signs shall not be located on a public right-of-way.
(5)
Such signs shall not be higher than the height limit in the district
in which such sign is located, nor shall any sign be located upon
the roof of any building.
(6)
Lighted signs shall not be flashing.
(7)
The following standards shall guide the regulation of all window
signs located in these districts:
(a)
Window signs shall cover no more than 25% of the total window
area. In addition, window signs shall not exceed five square feet
per window space.
(b)
Each tenant may have two window signs. In no event, however,
shall a window sign be permitted where there is a building-mounted
identification sign.
(c)
A window space is considered to be the total area of any single
window pane or series of window panes with a width of 12 inches or
less separated by mullions.
F.
Outdoor advertising signs (billboards) shall be permitted only in
the M-1 and C-2 Districts as follows:
(1)
Such signs will be given a temporary permit only. If they are not
maintained in good condition, the temporary permit may be withdrawn
by the Town Board and the owner so notified. Such signs will then
be removed by their owner or, after 30 days, removed by the Town at
the owner's expense.
(2)
The maximum area of a single sign shall not exceed 300 square feet.
(3)
All freestanding signs shall conform to the minimum yard requirements
of the district in which they are located.
(4)
No sign shall be permitted within 200 feet of any property in an
R District, nor shall any sign be permitted within 200 feet of a public
or parochial school, library, church, hospital or similar institutional
use.
(5)
Signs fronting on a public way shall be no closer to one another
than 500 feet.
(6)
No signs, including portable signs and signs affixed to any nondisabled
vehicle or trailer placed at a location for advertising purposes which
remain on the lot for more than 24 consecutive hours, shall be permitted
within 660 feet of the right-of-way of a federally aided primary highway.
(7)
Digital signs shall conform to all NYS DOT requirements for commercial
electronic variable message signs (CEVMS) and all future regulations.
(8)
Outdoor advertising billboard signs shall be considered a separate
land use activity from any other use of the parcel on which it is
located.
G.
Home occupation signs. One nonanimated, nonilluminated yard or window
sign having an area of not more than two square feet (12 inches by
24 inches) shall be permitted on each street front of the lot on which
the building containing the permitted home occupation is situated.
H.
No trailer or mobile unit shall be placed in an R-1 Zone for advertisement
purposes. No signage placed upon such trailer or mobile unit shall
be allowed.
I.
General regulations. The following regulations shall apply to all permitted sign uses, including exempt and temporary signs, unless specifically modified by Subsections A through E above:
(1)
Signs must be constructed of durable materials and maintained in
good condition. If a sign becomes dilapidated, then the sign's
owner shall repair or remove such sign within 30 days of receipt of
a notice from the Zoning Officer. Upon the owner's failure to
repair or remove the sign, the Town Board may, after a public hearing
upon written notice to the owner of its intent to do so, adopt a resolution
ordering removal of the sign and assessing the cost of such removal
as a charge on the property.
(2)
Signs, other than an official traffic sign, shall not be erected
within the right-of-way lines of any street.
(3)
A permit shall not be required for the erection, alteration or maintenance
of any signs permitted in an R District.
(4)
A permit shall be required for the erection, alteration or reconstruction
of any business or advertising sign.
(5)
All temporary signs erected for a special event shall be removed
by the property owner or the individual requesting the placement of
such signs when the circumstances leading to their erection no longer
apply.
(6)
A permit shall be required for the erection of any business or advertising
sign at a cost to be set from time to time by resolution of the Town
Board.
(7)
At all street intersections, no obstructions to vision (other than
an existing building or pole) exceeding 30 inches in height above
the established grade of the street at the property line shall be
erected or maintained on any lot within the triangle formed by the
street lot lines and a line drawn between the points along such street
lot lines 30 feet distant from their point of intersection.
J.
Signs in Historic District. Signs in the Historic District, other
than temporary signs, shall be subject to the regulations of the Historic
District Commission.
A.
Each rental unit in a motel shall have a minimum area of 150 square
feet of space, exclusive of bathroom facilities.
B.
Each rentable unit in a motel shall include a minimum of one bedroom
and a shower or bathroom with toilet.
C.
Illuminated signs and other lights shall be directed away from or
shielded from adjoining residential properties and highways in such
a way as not to disturb the occupants thereof.
[Amended 12-1-2020 by L.L. No. 7-2020]
A.
Applicability. Whenever a building or structure is erected or converted
in any district, except the C-1 Local Shopping District, involving
manufacturing, business, institutional, recreational, residential
or other use, off-street parking shall be provided in accordance with
the requirements below. Provision of such off-street parking shall
be a condition of any permit issued by the Zoning Officer.
B.
Size and access. Each off-street parking space shall have an area
of not less than 180 square feet, exclusive of access drives or aisles,
and shall be of usable shape and condition. Except in the case of
dwellings, no parking area provided hereunder shall be established
for fewer than two spaces.
C.
Schedule of parking requirements. Off-street parking shall be provided
as shown in the following table. All square foot measurements refer
to gross floor area unless specified otherwise. Mixed-use buildings
shall be required to have, as a minimum, the aggregate number of spaces
required for each distinct unit according to use.
|
Land Use or Activity
|
Minimum Number of Parking Spaces Required
|
|---|---|
|
1- and 2-family dwelling unit, for each dwelling unit
|
1
|
|
Multiple dwelling units, for each dwelling unit
|
1
|
|
Conversion to multiple dwelling, for each dwelling unit
|
1
|
|
Individual mobile home
|
1
|
|
Boardinghouse and rooming house, for each dwelling
|
1
|
|
Bed-and-breakfast, for each lodging unit, in addition to existing
spaces required for dwelling
|
1
|
|
Hotels and motels, for each unit
|
1
|
|
Church, assembly hall, sports area or similar place of public
assembly, for each 4 persons to be accommodated in largest meeting
space
|
1
|
|
School:
| |
|
For each teaching station
|
1
|
|
Plus, for visitors
|
10
|
|
Public building or social organization
| |
|
For each 200 square feet of gross floor area
|
1
|
|
Plus, for each 5 occupants, average
|
1
|
|
Medical or dental clinic or office, for each doctor or dentist
|
4
|
|
Office, general, for each 600 square feet of floor area
|
1
|
|
Retail store, store group, shop, supermarket, or shopping center,
etc.:
| |
|
For each 1,000 square feet of gross leasable area
|
3
|
|
Restaurant, bar, nightclub, or drive-through:
| |
|
For each 200 square feet of gross floor area
|
1
|
|
Manufacturing, research or testing laboratories, for each 500
square feet of gross floor area or for each 2 employees, whichever
is greater
|
1
|
|
Wholesaling or warehouse, for each employee on the
largest shift
|
1
|
D.
Appropriate use. No required off-street parking space shall be used
for storage, servicing or dismantling of automobiles or other vehicles.
E.
Landscaping. Parking lots for more than 10 cars shall be provided
with landscaped areas equal to an aggregate minimum of 5% of the total
paved area of the parking lot. Landscaping plans for such areas shall
be shown when a zoning permit is applied for.
F.
Arrangement of parking space.
(1)
No off-street parking space shall be used or designed, arranged,
or constructed to be used in a manner that will obstruct or interfere
with the free use of any street, alley, driveway or adjoining property.
(2)
No permanent parking shall take place, nor shall any excavation take
place, between the sidewalk and curb, nor shall any like improvement
be made within the right-of-way of a Town street for the purpose of
complying with the provisions of this section.
G.
Construction of parking space. The parking spaces, along with their
necessary access roads and driveways, shall be constructed with an
adequate base of crusher-run stone, paved with approved topping material
to eliminate dust and mud problems and provided with adequate drainage
to eliminate water pockets and prevent early deterioration of the
paving itself. Plans for such parking facilities shall be reviewed
by the Planning Board. If satisfactory, the Zoning Officer will issue
the necessary construction permit.
H.
Maintenance of parking areas. All parking areas, shall be kept free
of obstructions, trash and other unsightly material and bare earth.
I.
Off-street loading.
(1)
Any building in any district which is to be occupied and used by
manufacturing or commercial uses or other uses requiring the receipt
or distribution by vehicles of material or merchandise and which has
a gross floor area of 4,000 square feet or more shall be provided
with a minimum of off-street loading space as follows:
(2)
The loading berth required in each instance shall be not less than
12 feet in width, 60 feet in length and 14 feet in height and may
occupy all or any part of any required yard.
The following restrictions apply in any residential district
in the Town:
A.
No automobile,
trailer, house trailer, camper, van, truck, pickup truck, recreational
vehicle, boat, portable storage container or other mobile equipment
(whether or not motorized and regardless of registration) may be parked
or stored:
(1)
Upon
the front yard lawn area or street side yard of any corner lot. All
such vehicles located in the front of a residence must be parked inside
a garage. In any case, no vehicle with a gross vehicle weight in excess
of six tons may be parked or stored in a residential district.
(2)
Closer
than five feet to any side or rear lot line or 10 feet to the lot
line if a corner lot.
B.
No stored
or parked recreational vehicle shall be occupied or used for human
habitation, including but not limited to sleeping, eating or resting.
C.
No recreational
vehicle, as defined herein, or unmounted boat or snowmobile shall
be stored or parked in any front driveway or front yard in a residential
zone. It may, however, be stored or parked in the rear of such lot
or parcel of property in the residential zone but in no event closer
than five feet to any building or structure or to any lot or parcel
or property line.
D.
No vehicle
bearing a taxi, trailer, tractor-trailer, bus, school bus, livery
or camper registration, or used for any of such purposes, shall be
parked on or in any road, driveway or parking area, except:
E.
Travel
trailers and boats.
(1)
A
travel trailer or boat may be parked in the rear yard of any residential
lot behind the rear house foundation.
(2)
No
more than one travel trailer or boat may be parked on any residential
lot.
(3)
No
travel trailer or boat may be parked closer than five feet to any
lot line.
(4)
No
travel trailer may be used as living or sleeping quarters within the
Town.
(5)
Travel
trailers may only be parked as described above if they have a current
license and are no longer than 28 feet.
F.
Exception.
Within the Town limits outside of the limits of the former Village
of Seneca Falls boundary, an automobile, trailer, house trailer, camper,
van, truck, pickup truck, recreational vehicle, boat, portable storage
container or other mobile equipment taking up less than 10% of the
established driveway may be parked or stored in the driveway.
Manufacture, assembly or research operations must be able to meet the performance standards set forth in § 300-26.
A.
Permit required. No person who is the owner of any land within the
Town of Seneca Falls shall use or allow the use of such land for a
recreational vehicle park or campground unless a zoning permit and
certificate of zoning compliance and an annual operating permit have
been obtained as provided in this chapter.
B.
Application for permit.
(1)
An application for a zoning permit and a certificate of zoning compliance for a recreational vehicle park or campground shall be filed with the Zoning Officer as required in Article X of this chapter. In addition, an application shall be made for an annual operating permit for an additional annual fee as set by the Town Board of the Town of Seneca Falls. The operating permit issued shall be for a period of one year and must be renewed annually. The application for an operating permit or the renewal thereof shall be made on forms prescribed by the Town of Seneca Falls and shall include the name and address of the owner of the property, if different from the applicant.
(2)
Each operating permit or renewal thereof shall expire on the 31st
day of December following the issuance thereof. If the original operating
permit is granted on or after July 1, the applicant shall be required
to pay 1/2 the annual operating permit fee for the period expiring
December 31.
(3)
Before a zoning permit may be issued by the Town Zoning Officer,
there must be approval by a majority of the Planning Board of the
Town of Seneca Falls, after a public hearing. Building and site plans
must be in compliance with all the provisions of this chapter and
all other applicable ordinances of the Town of Seneca Falls. All water
and sewage system plans must be approved by the Seneca County Health
Department.
(4)
Any applicant for a recreational vehicle park or campground zoning
permit shall state that he or she, as owner or operator, shall be
responsible for the proper maintenance and upkeep of the proposed
park and shall further submit a park plan containing but not limited
to the following information:
(a)
The boundaries and areas of the plot.
(b)
The entrances, exits, roadways and walkways.
(c)
The layout of lots.
(d)
The perimeter planting of trees and shrubs to provide a screen
for adjoining highways and adjacent property.
(e)
The number and location of service buildings and the number
of facilities therein.
(f)
The plan of the sewer system and disposal arrangements.
(g)
The method and plan of garbage and refuse disposal, including
recycling.
(h)
The water supply.
(i)
The electric power distribution and general lighting.
(j)
The means of providing for surface water runoff.
(k)
The owner's and operator's name, address and telephone numbers.
(l)
Certificates of approval from the Seneca County Health Department.
(m)
A list of the owner's campground regulations.
(n)
The telephone available to the public.
C.
Park requirements.
(1)
The minimum tract size shall be 20 acres. Such tract shall have at
least 50 feet of frontage on a public street, with access considered
adequate by the appropriate highway authority and the Town Planning
Board.
(2)
A front setback of 100 feet and a side and rear yard setback of 20
feet shall be maintained from the right-of-way line of any public
road bordering the tract and property lines of properties adjoining
any recreational vehicle in the park.
(3)
All interior two-way roads shall be 20 feet wide, and one-way roads
shall be 12 feet wide.
(4)
Entrances and exits shall be located to provide a minimum sight distance
on the adjacent public road in both directions from the interior road
of not less than 300 feet at a point not less than 10 feet from the
intersection.
(5)
The recreational vehicle park shall set aside a portion of the total
acreage as open space and recreation area, including but not limited
to one active recreation area, which shall be easily accessible from
all camping spaces. The size of such active recreation area shall
be not less than 5% of the gross site area or two acres, whichever
is greater.
(6)
It is recommended that consideration in each instance be given to
the construction of all utilities underground.
(7)
Auxiliary parking areas are to be provided for parking trucks, maintenance
equipment, boat trailers, utility trailers, incapacitated or unregistered
vehicles and similar such equipment and vehicles. Such areas are to
be a minimum of 200 feet from the boundary of any public highway and
a minimum of 50 feet from any lot line.
(8)
Recreational vehicle sales. No lot or plot for the display of recreational
vehicles for sale or rent or for the conduct of a sales agency for
recreational vehicles shall be permitted within any recreational vehicle
park or campground.
(9)
Conditions of soil and topography shall be suitable for the use,
and surface drainage shall be provided to prevent accumulation of
surface water.
(10)
The density shall not exceed 20 self-contained recreational
vehicle lots per acre of the area assigned to them.
D.
Water supply. An adequate, safe and potable water supply shall be
provided in the park. When such public supply is not available, a
private water supply system may be developed and used as approved
by the Seneca County Health Department.
E.
Service buildings. Service buildings housing sanitation, laundry
or other facilities shall be permanent structures complying with the
New York State Uniform Fire Prevention and Building Code, New York
State Sanitary Code and any other applicable ordinances and statutes
regulating buildings, electrical installations and plumbing and sanitation
systems.
F.
Refuse disposal. Ample garbage cans with tight-fitting covers shall
be provided. The cans shall be kept in a sanitary condition at all
times. It shall be the responsibility of the park operator to ensure
that the garbage and refuse shall be collected and properly disposed
of outside the park as frequently as may be necessary to ensure that
garbage cans do not overflow. In addition, adequate containers shall
be provided for recyclable materials collected in the area.
G.
Lot requirements. Each lot shall face on an interior street.
H.
Maintenance.
(1)
The entire park shall be policed to preclude the accumulation of
litter, trash, discarded items or other debris.
(2)
Provision shall be made for the regular and continuing maintenance
of the landscaping which was required as a condition of initial approval
and of all portions of lots and other areas within the park which
are not surfaced, covered by buildings or otherwise improved.
I.
Supervision. The operator of the park or a duly authorized attendant
shall be in responsible charge at all times to keep the park, its
facilities and equipment in a clean, orderly and sanitary condition.
The attendant shall be answerable, with the permittee, for any violation
of this chapter to which the permittee is subject.
J.
Inspection. Upon the construction of a new recreational vehicle park
or campground, the Zoning Officer shall make inspections of the premises
to determine that all requirements of this chapter have been met.
Prior to issuing any annual permit, the applicant shall have any private
water or sewerage systems inspected by the Seneca County Health Department
and all buildings inspected by the Seneca County Building Code Enforcement
Officer for proper maintenance under the New York State Uniform Fire
Prevention and Building Code.
K.
Length of stay. Camping space may be rented by the day, week or season
or may be leased. The occupant of a camping space may remain in the
same camping area in permanent residence for not more than five consecutive
months.
L.
Revocation or suspension of operating permits.
(1)
The Town Zoning Officer shall have the authority to enter and inspect
any recreational vehicle park or campground at any time for purposes
of health, safety and sanitation.
(2)
If, upon inspection by the Zoning Officer, it shall be found that
the operator has violated any provisions of this chapter, the Planning
Board shall have the power to revoke or suspend the permit and order
the recreational vehicles removed or the recreational vehicle park
or campground closed after notice and an opportunity for the owner/operator
to be heard.
A.
Multiple dwellings. Applications for multiple dwellings shall require
the submission of a site development plan to the Planning Board showing
all structures, roadways, pathways, parking areas, recreation areas,
utility and exterior lighting installations and landscaping on the
site, all existing structures and usages within 200 feet of the site
boundaries and any other elements as may be deemed essential by the
Planning Board.
(1)
In
its review of the site plan, the Planning Board shall make findings
with respect to the following:
(a)
Traffic access. All proposed site traffic accessways are adequate
but not excessive in number, adequate in grade, width, alignment and
visibility and not located too near street corners, entrances to schools
or places of public assembly and other similar considerations.
(b)
Circulation and parking. The interior circulation system is
adequate and all required parking spaces are provided and are easily
accessible. No driveway or parking lot should be closer than 25 feet
to the front of any building nor 10 feet to the side or rear of any
building. In the case of an enclosed garage or carport provided as
a part of the primary structure, the distance requirements for driveways
providing access to these accommodations shall not apply.
(c)
Recreation and open space. An area is provided on the site or
public space is located within 1,000 feet of such development which
is devoted to the joint recreational use of the residents thereof.
Such recreation space shall consist of not less than 400 square feet
of space per dwelling unit. Each such recreation space shall be developed
with passive and active recreation facilities. Responsibility for
the maintenance and upkeep of recreation areas and open space shall
be adequately provided for.
(d)
Arrangement of buildings. Adequate provision has been made for
light, air, access and privacy in the arrangement of the buildings
to each other. Each dwelling unit shall have a minimum of two exterior
exposures. The front or rear of any building shall be no closer than
40 feet to the front or rear of another building. The side of any
building shall be no closer than 30 feet to the side, front or rear
of any other building.
(e)
Proper landscaping. The proposed site is properly landscaped,
the purpose of which is to further enhance the natural qualities of
the land. Trees and shrubs shall be provided along all walks and streets
around recreation areas and along the outer property line of the site.
Where adjacent land use dictates, proper screening and buffer zones
may be required.
(f)
Laundry facilities. Laundry facilities, including washing machines
and clothes dryers, shall be available on the premises for use by
all occupants of the premises. Exterior clothes lines shall not be
permitted.
(2)
No
certificate of zoning compliance shall be issued for any such building
or buildings unless the same conform in all respects to such site
plans and unless all facilities included in the site plans have been
installed in accordance therewith.
B.
Conversions. Conversions to multiple dwellings shall be permitted
in accordance with the following provisions:
(1)
There shall not be a greater density than is normally permitted in
the district in which the conversion property is located.
(2)
Such conversions may be permitted on lots of not less than the minimum
required for the district in which situated.
(4)
All provisions of the State Multiple Residence Law are met.
A.
In the
event there is a need to establish that a particular property is a
one-family dwelling and not a two-family or multiple dwelling and
the building contains separate areas, each of which meets the technical
definition of a dwelling unit, the following procedures shall be followed:
(1)
Any
evidence of a kitchen facility (e.g., sink, stove, or refrigerator)
or, in the alternative, any evidence of a bathroom (e.g., toilet,
tub, shower or sink) shall be removed from the area under consideration
so that there would no longer be complete living facilities for one
family.
(2)
The
Zoning Officer may inspect the premises to confirm such removal.
(3)
The
owner of the property shall sign an affidavit and certification in
form satisfactory to the Zoning Officer to the effect that:
(a)
The facilities referred to above have been removed;
(b)
Said facilities will not be reinstalled without seeking a zoning
permit or other approval from the Zoning Officer; and
(c)
The area from which the facilities were removed will not be used
as a separate dwelling unit until the Zoning Officer is notified and
any required approvals, permits or other certificates, including a
certificate of zoning compliance, are obtained from the Zoning Officer.
(4)
Such
affidavit shall be recorded, at the expense of the homeowner, in the
County Clerk's office and indexed against the name of the then owner
of the property.
B.
The Zoning
Officer shall have discretion to deviate in whole or in part from
the procedure set forth above in those circumstances where the Zoning
Officer is satisfied that the objectives sought to be obtained by
the foregoing procedures and compliance with this chapter may be assured
in some other manner.
A.
B.
Permit application. Two copies of a written application for a permit
will be filed with the Town Clerk and will include the following:
(1)
The name and address of the applicant.
(2)
The name and address of the owner of the land upon which the park
is to be located.
(3)
A survey map showing how the park relates to the existing road system.
(4)
A plan of the park showing how the overall design is in accordance with the provisions of Subsection E of this section.
(5)
Provisions for water supply and sewage disposal, including a statement
of requirements from the Seneca County Health Department if public
water and sewage disposal systems are not to be provided.
(6)
The topography and soils of the site, including all areas which are
wet or subject to flooding. Topography maps from the County Planning
Department shall be adequate.
(7)
The proposed cross-section design of park roadways.
(8)
A statement of all rules, regulations, restrictions and covenants
applying in the park, including entrance requirements, management
and tenant responsibilities, entrance or exit fees, utility connection
fees and security deposits.
(9)
Any additional information which the developer feels will help the
Zoning Board of Appeals in its review of the proposed park.
(10)
A draft short-form environmental assessment form (EAF) pursuant
to the New York State Environmental Quality Review Act (SEQRA). If,
upon a review of the short-form EAF, the Town (or its attorney) determines
that a full EAF is warranted, the applicant shall submit same.
(11)
An application fee as set from time to time by resolution of
the Town Board.
C.
Procedure.
(1)
The Town Clerk shall refer one copy of the application to the Planning
Board for site plan review. Planning Board comments shall be available
at a public hearing on the proposed mobile home park to be held by
the Zoning Board of Appeals. The Zoning Board of Appeals shall conditionally
approve or disapprove the application within 62 days from the public
hearing.
(2)
Upon conditional approval of the application by the Zoning Board
of Appeals, the applicant shall proceed with final plans, incorporating
any conditions attached to said conditional approval.
(3)
Final site plans for the proposed mobile home park, or a portion
of it if construction is to be staged, shall be submitted to the Planning
Board for approval within one year from the date of conditional approval
by the Zoning Board of Appeals or such conditional approval may be
withdrawn by the Zoning Board of Appeals.
(4)
Upon final site plan approval by the Planning Board, a zoning permit
for construction shall be issued by the Zoning Officer.
(5)
When construction is completed in accordance with the final plan
as approved by the Planning Board, a certificate of zoning compliance
shall be issued by the Zoning Officer.
D.
Renewal of operating permit. Renewal of the mobile home park operating permit shall be applied for every year on January 1. Application for renewal shall be filed with the Town Clerk, accompanied by an application fee as set from time to time by resolution of the Town Board. The Town Clerk shall renew the operating permit only if the Zoning Officer has certified, in writing, that no violations of this chapter or the conditions of the zoning permit have been found. If such violations or unapproved changes have occurred, the operating permit will not be renewed until said mobile home park has been brought into compliance. In such case, the Zoning Officer shall serve an order upon the holder of the operating permit in accordance with the provisions of Subsection G of this section.
E.
Environmental standards.
(1)
Density and lot size. The density of development in a mobile home
park shall not exceed five units per gross acre. Mobile home lots
shall have a minimum area of 8,000 square feet and a minimum width
of 55 feet.
(2)
Separation. Mobile home units may be positioned in a variety of ways
within parks, provided that a separation of at least 30 feet is maintained
between units.
(3)
Setback. No mobile home shall be located less than 25 feet from the
pavement edge of a private street or 15 feet from the right-of-way
of any public street within the mobile home park. A minimum of 25
feet shall be maintained between mobile home units and all park boundary
lines except that at least 50 feet shall be maintained between all
units and any park boundary abutting an existing public road or highway.
(4)
Road layout and construction. A drawing of the proposed park layout,
showing connections to be made to existing roads, shall be included
as part of the mobile home park plans. Variety and visual interest
in the road layout should be provided, avoiding long straight stretches
and gridiron systems when possible. The paved surface of all roads
within a mobile home park shall be at least 20 feet wide, and construction
specifications shall be approved by the Town Highway Superintendent.
(5)
Parking.
(a)
Two off-street parking spaces shall be provided for each mobile home
site. Such spaces may be located on individual lots or grouped to
serve two or more mobile home sites. Off-street parking spaces shall
be constructed of at least a four-inch gravel base with a one-inch
hard surface material.
(b)
A supplemental parking area shall be provided for the storage or
temporary parking of travel trailers, campers, boats, snowmobiles
or similar auxiliary vehicles.
(6)
Recreation and open space. Usable and easily accessible recreation
areas shall be provided for park occupants. At least 400 square feet
of open space per mobile home unit shall be included in the plan,
with a total minimum requirement of 10,000 square feet. Part or all
of such open space shall be in the form of developed recreation areas
located, designed and developed so as to be used for active recreation
purposes.
(7)
Mobile home stand. Each mobile home site shall be provided with a
stand of concrete or compacted gravel, which will give a firm base
and adequate support for the mobile home. Such stand shall have a
dimension approximating the width and length of the home and any expansions
thereof or extensions thereto. Well-anchored tie-downs shall be provided
at least on each corner of the stand.
(8)
Patio. Each mobile home site shall be provided with a concrete patio
with a minimum width of 10 feet and a total area of at least 120 square
feet.
(9)
Walkways. Each mobile home site shall be provided with a walkway
from the stand or patio to the street or to a driveway or parking
area connecting to the street. Such walkway shall be at least two
feet wide and four inches deep, constructed with a crushed-stone base
and a hard surface.
(10)
Landscaping. Exposed ground surfaces in all parts of a mobile
home park shall be paved and surfaced with crushed stone or other
solid material or protected with grass or plant material to prevent
erosion and reduce dust. At least one suitable tree shall be planted
on each mobile home lot if no such tree already exists. Planted trees
shall have a caliper of at least two inches three feet above the ground.
(11)
Mobile home installation. At the time of installation of the
mobile home, the tires and wheels and the hitch shall be removed and
the unit shall be securely blocked, leveled, tied down and connected
to the required utility systems and support services. The mobile home
shall be completely skirted with masonry block prior to occupancy.
No exposed wallboard, building paper or similar unfinished material
will be permitted.
(12)
Water supply. If a public water system is within 500 feet, the
mobile home park must be hooked to such system. When a public water
supply is not available, an approved private supply and system shall
be established. Private systems shall provide at least 150 gallons
per unit per day and be adequate to supply at least six gallons per
minute at a pressure of 20 pounds per square inch to each mobile home
stand. Water connections shall follow details of the Manufactured
Housing Institute.
(13)
Sewage disposal. If a public sewerage system is within 500 feet,
the mobile home park must be hooked to such system. When public sewage
disposal is not available, an approved private system shall be established.
The design and construction of all components of such system shall
be subject to the inspection and approval of the Seneca County Health
Department.
(14)
Solid waste disposal. Provisions shall be made and approved
for the storage, collection and disposal of solid waste in a manner
that will cause no health hazards, rodent harborage, insect breeding
areas, fire hazards or air pollution. Storage areas for solid waste
containers shall be enclosed or otherwise screened from public view.
(15)
Lighting. Mobile home parks shall be provided with lighting
sufficient to illuminate streets, driveways and walkways. Decorative
lighting fixtures shall be used.
(16)
Electricity and telephone. The distribution system for electrical
and telephone service shall be installed underground and shall comply
with the requirements of the utility and telephone companies.
(17)
Fuel systems. Mobile home parks shall be provided with facilities
for the safe storage of necessary fuels. Natural gas installations
shall be planned and installed so that components and workmanship
comply with the requirements of the American Gas Association, Inc.
Fuel oil systems shall be designed, constructed, inspected and maintained
in conformance with the provisions of the National Fire Protection
Association, Standard 30. Liquefied petroleum gas systems shall be
selected, installed and maintained in compliance with the requirements
of the National Fire Protection Association, Standard 58.
(18)
Fire protection. If a mobile home park is located in a public
water district, fire hydrants shall be installed in accordance with
the requirements of the district.
(19)
Mail service. Mailbox location shall provide safe and easy access
for the pickup and delivery of mail. Mailboxes grouped for cluster
delivery shall be located so that stopping for pickup and delivery
will not occur on the public right-of-way.
F.
Park operation and maintenance.
(1)
Occupancy. No space shall be rented in any mobile home park for the
placement and use of a mobile home for residential purposes, except
for periods in excess of 60 days. No mobile home manufactured after
January 15, 1974, shall be admitted to any park unless it bears the
seal issued by the State of New York and required by the state code
for construction and installation of mobile homes.
(2)
Responsibilities of park operator. The person to whom a permit for
a mobile home park is issued shall be responsible for operation of
the park in compliance with this chapter and shall provide adequate
supervision to maintain the park, its common grounds, streets, facilities
and equipment in good repair and in a clean and sanitary condition.
The park operator shall maintain a register containing the names of
all occupants and the make, year and seal serial number, if any, of
each mobile home. Such register shall be available to any authorized
person inspecting the park.
(3)
Responsibility of park occupants. Each park occupant shall be responsible
for the maintenance of his or her mobile home and any appurtenances
thereto and shall keep all yard space on his or her site in a neat
and sanitary condition.
(4)
A list of owner and occupant responsibilities shall be posted in
the park rental office.
G.
Inspection and enforcement.
(1)
Inspection. It shall be the duty of the Zoning Officer to make the
inspections required for annual renewal of park occupancy permits.
Such inspection shall be carried out at reasonable times after prior
notice to the park operator, and in emergencies whenever necessary
to protect the public interest.
(2)
Upon determination by the Zoning Officer that there has been a violation
of any provisions of this chapter, he or she shall serve upon the
holder of the permit for such mobile home park an initial order, in
writing, directing that the conditions therein specified be corrected
within a time period to be specified by the Zoning Officer but in
no case more than 90 days after the date of delivery of such order.
The order shall also contain an outline of remedial action which,
if taken, will effect compliance.
(3)
If, after the expiration of such time period, such violations are
not corrected, the Zoning Officer, if so authorized by the Zoning
Board of Appeals, shall serve a notice, in writing, upon such mobile
home park operator requiring the holder of the park permit to appear
before the Zoning Board of Appeals at a time to be specified in such
notice, to show cause as to why the mobile home park certificate of
zoning compliance should not be revoked. Such hearing before the Zoning
Board of Appeals shall occur not less than 48 hours nor more than
10 days after the date of service of said notice by the Zoning Officer.
(4)
Within 10 days after the hearing at which the testimony of the Zoning
Officer and the holder of the mobile home park certificate of zoning
compliance shall be heard, the Zoning Board of Appeals shall make
a determination sustaining, modifying or withdrawing the order issued
by the Zoning Officer. Failure to abide by any Zoning Board of Appeals
determination to sustain or modify the initial order and take corrective
action accordingly shall be cause for the revocation of the certificate
of zoning compliance affected by such order and determination.
H.
Existing mobile home parks.
(1)
The
owner of any mobile home park existing at the time this chapter is
adopted shall apply to the Town Clerk for a certificate of zoning
compliance within 12 months from the date of adoption and shall renew
such certificate annually. Applications shall be accompanied by a
fee as set from time to time by resolution of the Town Board. The
Zoning Officer shall prepare a written notice of any violations which
are found in an existing mobile home park, and such violations shall
be corrected within 45 days from the date of such notice or the special
use permit compliance shall be withdrawn. Upon appeal, the Town Board
may grant any relief to this section that it finds to be appropriate.
(2)
No
mobile home removed from a park shall be replaced unless the replacement
conforms to the current requirements of this chapter.
(3)
If
a park closes for more than six months, the park will be subject to
the current requirements of this chapter.
Regulations regarding mobile homes, house trailers, camping
trailers and tents shall be as follows:
A.
Restrictions on parking.
(1)
It shall be unlawful within the limits of the Town of Seneca Falls
for any person to park any mobile home, house trailer or camper trailer
on any street, alley, highway or other public place between the hours
of 9:00 p.m. and 6:00 a.m.
(2)
No person who is the owner or user of any mobile home, house trailer,
camper trailer or tent shall park or otherwise locate said trailer
equipment or tent upon any premises within the Town of Seneca Falls
for the purpose of using the same for living, sleeping or eating quarters,
nor shall any such person use or occupy any such trailer equipment
for living, sleeping or eating therein except in a duly authorized
mobile home park and except as hereinafter provided.
B.
Restrictions on use of land for mobile home parks or trailer parks.
No person who is the owner or occupant of any land or premises within
the Town of Seneca Falls shall use or permit the use of such land
or premises for:
A.
Location of exits and entrances. No automobile service station or
repair shop shall have an entrance or exit for vehicles within 200
feet, as measured along the public street, from an existing school,
public playground, church, chapel, convent, hospital or public library.
No entrance or exit shall be closer than 40 feet to the intersection
of any two street lot lines nor greater than 30 feet in width.
B.
Location of pumps. No pump island shall be located less than 30 feet
from any property line.
C.
Landscaping. A landscaped area 10 feet wide shall be provided along
all property lines and shall be planted with trees and shrubs.
D.
Outside storage. There shall be no outside equipment or parts storage
or display of accessories or portable signs unless a service station
is open for business.
The extraction of stone, sand and gravel shall be in accordance
with applicable statutory provisions.
A.
Adult uses shall only be located in a C-2 Highway Commercial District (§ 300-19) or an M-1 Industrial District (§ 300-20), subject to the annual issuance of a special use permit (§ 300-46B), renewable as set forth herein, provided that:
(1)
An adult use may not be operated within 200 feet of a dwelling, a
church or other place of worship, a nursery, elementary, secondary
or vocational school, a hospital, nursing home or convalescent home,
a library or museum, a cemetery, the boundary of a residential district,
or a public park, playground or recreation area.
(2)
An adult use may not be operated within 200 feet of another adult
use, or on the same lot or parcel of land.
(3)
An adult use may not be operated in the same building structure,
or portion thereof, containing another adult use.
(4)
For the purposes of this section, measurement shall be made in a
straight line, without regard to intervening structures or objects,
from the nearest portion of the building or structure used as part
of the premises in which an adult use is conducted, to the nearest
property line of the premises of a dwelling, a church or other place
of worship, a nursery, elementary, secondary, or vocational school,
a hospital, nursing home or convalescent home, a library or museum,
a cemetery, the boundary of a rural residential or medium-density
residential district, or a public park, playground or recreation area.
(5)
For the purposes of this section, the distance between any two adult
uses shall be measured in a straight line, without regard to intervening
structures or objects, from the closest exterior wall of the structure
in which each business is located.
(6)
All adult uses shall be conducted in an enclosed building. Regardless
of location or distance, no one who is passing by an enclosed building
having a use governed by this section shall be able to see any specified
anatomical area or any specified sexual activity by virtue of any
display that depicts or shows that area or activity. This requirement
shall apply to any display, decoration, sign, window or other opening.
B.
Inspection requirement.
(1)
As heretofore provided, a person may operate an adult use in the
Town of Seneca Falls only with a special use permit.
(2)
Prior to the commencement of any adult use or upon any transfer of
ownership or control of an adult use, the premises must be inspected
by the Zoning Officer and found to be in compliance with all laws,
ordinances, rules and regulations applicable to the use and occupancy
for an adult use and in compliance with the Seneca Falls Town Code
and the New York State Uniform Fire Prevention and Building Code.
(3)
All zoning officers shall complete their certification that the premises
is in compliance or not in compliance within 20 days of the inspection
of the premises by such officials.
(4)
Any owner and/or operator, employee of the owner and/or operator,
or agent of the owner and/or operator shall permit representatives
of the Town Zoning Officer, the Seneca County Health Department, the
Seneca County Sheriffs' Department, the New York State Police, the
State Health Department, or any other Town, county or state department
or agency that has permitting authority regarding the use of the premises
to inspect the premises of an adult use for the purpose of ensuring
compliance with this chapter at any time it is occupied or open for
business.
C.
The duration of any special use permit shall be for a maximum period
of one year. Any special use permit for uses under this section shall
expire on December 31 of each year unless stated. The special use
permit shall run for the calendar year if so renewed by the Zoning
Board of Appeals of the Town of Seneca Falls. An application for renewal
of any permit must be made no more than 90 calendar days and no less
than 60 calendar days prior to the expiration of such permit.
D.
In addition to the other provisions of the Town Code, it shall be
deemed a violation of this chapter if the owner and/or operator, an
employee of the owner and/or operator or an agent of the owner and/or
operator:
(1)
Has violated or is not in compliance with any section of the Town
Code.
(2)
Has refused to allow any inspection of the adult use as authorized
by this section.
(3)
Has had any illegal gambling take place on the adult use premises.
(4)
Has had the possession, use, or sale of a controlled substance occur
on the premises.
(5)
Has had prostitution occur on the premises.
(6)
Has had any act of sexual intercourse, sodomy, oral copulation, masturbation,
or other sexual conduct occur on the premises.
A.
Conditions. A kennel will be permitted in the Town of Seneca Falls
only under the following conditions:
(1)
All animals shall be kept in clean and sanitary premises, structures
or enclosures.
(2)
The ambient temperature shall be consistent with the requirements
of the specific pet animals. Heating shall be deemed necessary when
the inside ambient temperature of the facility falls below 50°
F. for a period of four consecutive hours, and cooling shall be required
when the temperature of the facility rises above 85° F.
(3)
All facilities shall be adequately ventilated with fresh or filtered
air to minimize drafts, odors and moisture condensation and to provide
for the health and comfort of the animals at all times. Ventilation
shall be provided by either natural or mechanical means. The necessary
equipment or comparable means shall be provided to exhaust the air
from the animal area to the outside of the building.
(4)
Uniformly distributed natural and/or artificial lighting shall be
provided to permit routine inspection and facilitate routine cleaning
and the proper care and maintenance of the animals. Lighting shall
be so arranged as to protect each animal from excessive illumination.
(5)
One inside pen shall be provided for each dog or cat boarded or kept.
(a)
For dogs, any inside pen shall have a minimum measurement of
three feet wide by four feet in length for all dogs except for giant
breeds, which inside pens will be a minimum of three feet by five
feet in area size. Any pen shall be of sufficient height for the dog
to stand fully erect on all four legs with at least six inches of
headroom.
(b)
For cats, any inside pen shall have a minimum measurement of
two feet wide by two feet in length for all cats. Any pen shall be
of sufficient height for the cat to stand fully erect on all four
legs with at least three inches of headroom.
(6)
For every three dog pens there shall be a minimum of one outside
run. Each outside run shall:
(7)
Sewage and waste shall be disposed of by connection of drains to
a sanitary sewer or a state, county or locally approved sewage disposal
system. Drainage systems shall be provided with backflow prevention
devices on submersible inlets and hair traps, if required by law,
on all plumbing lines in animal areas where hoses may be attached
for cleaning of the facility.
(8)
A kennel can only be established on at least five acres of property
located at least 100 yards from any adjoining property lines. A kennel
cannot be established within a one-mile radius of the property boundary
of any existing kennel.
B.
Inspection requirements.
(1)
As heretofore provided, a person may operate a kennel in the Town
of Seneca Falls only with a special use permit.
(2)
Prior to the commencement of any use as a kennel or upon any transfer
of ownership or control of a kennel, the premises must be inspected
by the Zoning Officer, together with the local dog control officer,
and found to be in compliance with all laws, ordinances, rules and
regulations applicable to the use and occupancy for a kennel and in
compliance with the Seneca Falls Town Code, the New York State Agriculture
and Markets Law, the New York State General Business Law and the Uniform
Fire Prevention and Building Code.
(3)
All zoning officers shall complete their certification that the premises
is in compliance or not in compliance within 20 days of the inspection
of the premises by such officials.
(4)
Any owner and/or operator, employee of the owner and/or operator,
or agent of the owner and/or operator shall permit representatives
of the Town Zoning Officer, the Town Dog Control Officer, the Seneca
County Health Department, the Seneca County Sheriffs' Department,
the New York State Police, the State Health Department, or any other
Town, county or state department or agency that has permitting authority
regarding the use of the premises to inspect the premises of a kennel
for the purpose of ensuring compliance with this chapter at any time
it is occupied or open for business.
C.
If, upon inspection as described above, it shall be found that the
operator has violated any provisions of this chapter, the Zoning Board
of Appeals shall have the power to revoke or suspend the permit and
order the animals removed or kennels closed after notice and an opportunity
for the owner/operator to be heard.
D.
In addition to the other provisions of the Town Code, it shall be
deemed a violation of this chapter if the owner and/or operator, an
employee of the owner and/or operator or an agent of the owner and/or
operator:
(1)
Has violated or is not in compliance with any section of the Town
Code, the New York State Agriculture and Markets Law, the New York
State General Business Law and/or any section of the New York State
Penal Law relating to mistreatment of animals; or
(2)
Has refused to allow any inspection of the kennel as authorized by
this section.
E.
Any existing kennel shall have 90 days from the filing of this chapter
with the Secretary of State within which to comply with the specifications
of this section.
A.
Conditions. A pet breeder will be permitted in the Town of Seneca
Falls only under the following conditions:
(1)
All animals shall be kept in clean and sanitary premises, structures
or enclosures.
(2)
The ambient temperature shall be consistent with the requirements
of the specific pet animals. Heating shall be deemed necessary when
the inside ambient temperature of the facility falls below 50°
F. for a period of four consecutive hours, and cooling shall be required
when the temperature of the facility rises above 85° F.
(3)
All facilities shall be adequately ventilated with fresh or filtered
air to minimize drafts, odors and moisture condensation and to provide
for the health and comfort of the animals at all times. Ventilation
shall be provided by either natural or mechanical means. The necessary
equipment or comparable means shall be provided to exhaust the air
from the animal area to the outside of the building.
(4)
Uniformly distributed natural and/or artificial lighting shall be
provided to permit routine inspection and facilitate routine cleaning
and the proper care and maintenance of the animals. Lighting shall
be so arranged as to protect each animal from excessive illumination.
(5)
One inside pen shall be provided for each dog or cat boarded or kept.
(a)
For dogs, any inside pen shall have a minimum measurement of
three feet wide by four feet in length for all dogs, except for giant
breeds, which inside pens will be a minimum of three feet by five
feet in area size. Any pen shall be of sufficient height for the dog
to stand fully erect on all four legs with at least six inches of
headroom.
(b)
For cats, any inside pen shall have a minimum measurement of
two feet wide by two feet in length for all cats. Any pen shall be
of sufficient height for the cat to stand fully erect on all four
legs with at least three inches of headroom.
(6)
For every three dog pens there shall be a minimum of one outside
run. Each outside run shall:
(7)
Sewage and waste shall be disposed of by connection of drains to
a sanitary sewer or a state, county or locally approved sewage disposal
system. Drainage systems shall be provided with backflow prevention
devices on submersible inlets and hair traps, if required by law,
on all plumbing lines in animal areas where hoses may be attached
for cleaning of the facility.
(8)
A pet breeder can only be established on at least five acres of property
located at least 100 yards from any adjoining property lines. A pet
breeder cannot be established within a one-mile radius of the property
boundary of any existing pet breeder.
B.
Inspection requirement.
(1)
As heretofore provided, a person may operate as a pet breeder in
the Town of Seneca Falls only with a special use permit.
(2)
Prior to the commencement of any use as a pet breeder or upon any
transfer of ownership or control of a pet breeder, the premises must
be inspected by the Zoning Officer, together with the local dog control
officer, and found to be in compliance with all laws, ordinances,
rules and regulations applicable to the use and occupancy for a pet
breeder and in compliance with the Seneca Falls Town Code, the New
York State Agriculture and Markets Law, the New York State General
Business Law and the Uniform Fire Prevention and Building Code.
(3)
All zoning officers shall complete their certification that the premises
is in compliance or not in compliance within 20 days of the inspection
of the premises by such officials.
(4)
Any owner and/or operator, employee of the owner and/or operator,
or agent of the owner and/or operator shall permit representatives
of the Town Zoning Officer, the Town Dog Control Officer, the Seneca
County Health Department, the Seneca County Sheriffs' Department,
the New York State Police, the State Health Department, or any other
Town, county or state department or agency that has permitting authority
regarding the use of the premises to inspect the premises of a pet
breeder for the purpose of ensuring compliance with this chapter at
any time it is occupied or open for business.
C.
The duration of any special use permit shall be for a maximum period
of one year. Any special use permit for uses under this section shall
expire on December 31 of each year unless stated. The special use
permit shall run for the calendar year if so renewed by the Zoning
Board of Appeals of the Town of Seneca Falls. An application for renewal
of any permit must be made no more than 90 calendar days and no less
than 60 calendar days prior to the expiration of such permit.
D.
If, upon inspection as described above, it shall be found that the
operator has violated any provisions of this chapter, the Zoning Board
of Appeals shall have the power to revoke or suspend the permit and
order the animals removed or pet breeders closed after notice and
an opportunity for the owner/operator to be heard.
E.
In addition to the other provisions of the Town Code, it shall be
deemed a violation of this chapter if the owner and/or operator, an
employee of the owner and/or operator or an agent of the owner and/or
operator:
(1)
Has violated or is not in compliance with any section of the Town
Code, the New York State Agriculture and Markets Law, the New York
State General Business Law and/or any section of the New York State
Penal Law relating to mistreatment of animals; or
(2)
Has refused to allow any inspection of the pet breeder as authorized
by this chapter; or
(3)
Operates with an expired special use permit.
F.
Any existing pet breeder shall have 90 days from the filing of this
chapter with the Secretary of State within which to comply with the
specifications of this section.
Regulations concerning outdoor storage areas, including junkyards
and automobile wrecking, shall be as follows.
A.
Such uses
shall not be located within 200 feet from the nearest R District,
and the operation thereof shall be governed by the following provisions
and any other conditions as may be required by the Board to protect
the public health, safety, comfort, convenience and general welfare
and especially with regard to abutting properties and the occupants
thereof.
B.
Storage of flammable liquids.
(1)
The storage of alcohol, crude oil, gasoline, benzene, kerosene or
any other highly flammable liquid in aboveground tanks planned for
future construction is prohibited. Any existing aboveground storage
tanks containing any of the above flammable liquids shall be surrounded
with a diked area with a capacity equal to 1 1/2 times the total
tank capacity involved.
(2)
Tanks or drums of fuel of a capacity not over 550 gallons that are
directly connected to heating devices or appliances located on the
same premises as the tanks or drum of fuel are excluded from this
provision.
C.
Fencing and setbacks. All outdoor storage facilities shall be enclosed
by a fence or wall adequate to conceal such facilities and the contents
thereof from adjacent property.
D.
Deposit of wastes. No materials or wastes shall be deposited on any
premises in such form or manner that they may be transferred off such
premises by natural causes or forces.
E.
Other hazardous materials. All materials or wastes which might cause
fumes or dust or which constitute a fire hazard or which may be edible
by or otherwise be attractive to rodents or insects shall be stored
outdoors and only in closed containers.
A.
License and certificate of approval required. No person or corporation
shall operate, establish or maintain a junkyard until he, she or it
shall have obtained a license to operate a junkyard business and have
obtained a certificate of zoning compliance for the location of such
junkyard.
B.
Application for license and certificate of zoning compliance. Application
for the license and the certificate of zoning compliance shall be
made, in writing, to the Town Board. Said application shall be accompanied
by a certificate from the Town Zoning Board that a proposed location
is not within an established district restricted against such uses
or otherwise contrary to the prohibitions of this chapter. The application
shall contain a description of the land to be included within the
junkyard.
C.
Hearing. A hearing on the application shall be held within the Town
of Seneca Falls not less than two weeks nor more than four weeks from
the date of the receipt of the application by the Town Board. Notice
of the hearing shall be given to the applicant by mail, postage prepaid,
to the address given in the application and shall be published once
in a newspaper having a circulation within the Town of Seneca Falls,
which publication shall be not less than seven days before the date
of the hearing.
D.
License requirements. At the time and place set for the hearing,
the Town Board shall hear the applicant and all other persons wishing
to be heard on the application for a license to operate, establish
or maintain the junkyard. In considering such application, the Town
Board shall take into consideration the suitability of the applicant
with reference to his or her ability to comply with the fencing requirements
or other reasonable regulations governing the proposed junkyard, to
any record of convictions for any type of larceny or receiving of
stolen goods and to any other matter within the purpose of this section.
E.
Location requirements. At the time and place set for the hearing,
the Town Board shall hear the applicant and all other persons wishing
to be heard on the application for a certificate of approval for the
location of a junkyard. In passing upon the same, the Town Board shall
take into account, after proof of legal ownership or right to such
use of the property for the license period by the applicant, the nature
and development of surrounding property, such as the proximity of
churches, schools, hospitals, public buildings or other places of
public gathering, and whether or not the proposed location can be
reasonably protected from affecting the public health and safety by
reason of offensive or unhealthy odors or smoke or of other causes.
F.
Aesthetic considerations. At the hearing regarding location of the
junkyard, the Town Board may also take into account the clean, wholesome
and attractive environment which has been declared to be of vital
importance to the continued general welfare of its citizens by considering
whether or not the proposed location can be reasonably protected from
having an unfavorable effect thereon. In this connection, the Town
Board may consider collectively the type of road servicing the junkyard
or from which the junkyard may be seen, the natural or artificial
barriers protecting the junkyard from view, the proximity of the proposed
junkyard to established residential and recreational areas or main
access routes thereto, as well as the reasonable availability of other
suitable sites for the junkyard.
G.
Grant or denial of application; appeal. After the hearing, the Town
Board shall, within two weeks, make a finding as to whether or not
the application should be granted, giving notice of its finding to
the applicant by mail, postage prepaid, to the address given on the
application. If approved, the license, including a certificate of
zoning compliance, shall be forthwith issued to remain in effect until
the following April 1. Approval shall be personal to the applicant
and not assignable. Licenses shall be renewed thereafter upon payment
of the annual license fee without hearing, provided that all provisions
of this section are complied with during the license period, the junkyard
does not become a public nuisance under the common law and the applicant
is not convicted of any type of larceny or the receiving of stolen
goods. The determination of the Town Board may be reviewed under Article
78 of the Civil Practice Law and Rules.
H.
Fees. The annual license fee shall be set from time to time by resolution
of the Town Board, to be paid at the time the application is made
and annually thereafter in the event of renewal. In the event that
the application is not granted, the fee shall be returned to the applicant.
The Town Board, in addition to the license fee, may assess the applicant
with the costs of advertising such application and such other reasonable
costs incident to the hearing as are clearly attributable thereto
and may make the license conditional upon the payment of the same.
I.
Fencing. A junkyard shall be completely surrounded with a fence at
least eight feet in height which substantially screens the use and
with a suitable gate which shall be closed and locked except during
the working hours of such junkyard or when the applicant or its agent
shall be within. Such fence shall be erected not nearer than 50 feet
to a public highway. All motor vehicles and parts thereof stored or
deposited by the applicant shall be kept within the enclosure of the
junkyard except as removal shall be necessary for the transportation
of the same in the reasonable course of the business. All wrecking
and other work on such motor vehicles and parts and all burning of
the same within the vicinity of the junkyard shall be accomplished
within the enclosure.
J.
Established junkyards. For the purpose of this section, the location of junkyards already established shall be considered approved by the Town Board of the municipality in which located and the owner thereof deemed suitable for the issuance of a license. Within 60 days from the passage of this section, however, the owner shall furnish the Town Clerk with information as to the location which is required in an application, together with the license fee, and the Town Board shall issue a license valid until the next January 1, at which time such owner may apply for renewal as herein provided. Such owner shall comply with all other provisions of this chapter, including the fencing requirements set forth in Subsection I of this section.
K.
Proximity to public buildings. Notwithstanding any of the foregoing
provisions of this section, no junkyard hereafter established shall
be licensed to operate such yard or any part thereof within 500 feet
of a church, school, hospital, public building or place of public
assembly.
No slaughterhouse shall be erected, used or maintained within
the former Village of Seneca Falls boundary; nor shall any cattle
be slaughtered within the former Village limits. Theses uses are restricted
to the A-1 and A-2 Agricultural Districts.
A.
Purpose.
(1)
The purpose of planned unit development (PUD) regulations is to encourage
flexibility in the design and development of land in order to promote
its most appropriate use; to facilitate the adequate and economical
provision of streets, utilities and public spaces; and to preserve
the natural and scenic qualities of open areas.
(2)
The PUD provisions are intended to permit diversification in the
location of structures and improve circulation facilities and other
site qualities while ensuring adequate standards relating to public
health, safety, welfare and convenience in the use and occupancy of
buildings and facilities in planned groups.
B.
Regulations governing planned unit developments.
(1)
Minimum area. A planned unit development shall include at least five
contiguous acres of land.
(2)
Open space. A minimum of 25% of gross site area devoted to residential
purposes shall be developed as public open space. Parking areas and
roads shall not be considered in calculating open space.
(3)
Residential density. The overall density of any residential area
should be no more than three dwelling units per gross acre of the
overall area to be developed. Wetlands, steep slopes and similar land
that would not normally be usable should not be included in gross
acreage for the purpose of calculating residential density, at the
Town Board's discretion.
(4)
Land use. Proposed land uses shall not adversely affect surrounding
development and shall be in accordance with the objectives and principles
of the Comprehensive Plan.
C.
Standards for reviewing planned unit developments. In reviewing proposed
planned unit developments, the Planning Board shall apply the following
standards, and the Town Board shall approve such PUD only when it
determines that said standards have been reasonably satisfied:
(1)
The PUD shall provide for an effective and unified treatment of the
development possibilities on the project site, making appropriate
provision for the preservation of scenic features and amenities of
the site and the surrounding areas.
(2)
The PUD shall be planned and developed to harmonize with any existing
or proposed development in the area surrounding the project site.
(3)
All buildings in the layout and design shall be an integral part
of the development and have convenient access to and from adjacent
uses and blocks.
(4)
Individual buildings shall be related to each other in design, mass,
materials, placement and connections to provide a visually and physically
integrated development.
(5)
Treatment of the sides and rear of all buildings within the PUD shall
be comparable in amenity and appearance to the treatment given to
street frontage of these same buildings.
(6)
The design of buildings and the parking facilities shall take advantage
of the topography of the project site, where appropriate, to provide
separate levels of access.
(7)
All building walls shall be so oriented as to ensure adequate light
and air exposures to the rooms within.
(8)
All buildings shall be arranged so as to avoid undue exposure to
concentrated loading or parking facilities, wherever possible, and
shall be so oriented as to preserve visual and audible privacy between
adjacent buildings.
(9)
All buildings shall be arranged so as to be accessible to emergency
vehicles.
(10)
Landscape treatment for open spaces, roads, paths and service
and parking areas shall be designed as an integral part of a coordinated
landscape design for the entire project area.
(11)
Primary landscape treatment shall consist of shrubs, ground
cover and street trees and shall combine with appropriate walks and
street surfaces to provide an attractive development pattern.
(12)
Whenever appropriate, existing trees shall be conserved and
integrated into the landscape design plan.
(13)
All streets bordering the project area shall be planted at appropriate
intervals with street trees.
(14)
There shall be an adequate, safe and convenient arrangement
of pedestrian circulation facilities, roadways, driveways, off-street
parking and loading space. All such facilities shall be designed to
Town specifications.
(15)
Health Department approval of utility support systems (water
and sewage disposal) shall be required. Electric distribution and
telephone lines shall be installed underground.
(16)
A complete storm drainage system shall be provided for the proposed
PUD, which will include adequate provisions to protect the surrounding
area from adverse stormwater runoff.
(17)
Landscaped, paved and comfortably graded pedestrian walks shall
be provided along the lines of the most intense use, particularly
from building entrances to streets, parking areas and adjacent buildings.
(18)
Materials and design of paving, lighting fixtures, retaining
walls, fences, curbs, benches, etc., shall be of good appearance,
easily maintained and indicative of their function.
(19)
Parking facilities shall be landscaped and screened from public
view to the extent necessary to eliminate unsightliness and monotony
of parked cars.
(20)
Parking facilities shall be designed with careful regard to
orderly arrangement, topography, landscaping and ease of access and
shall be developed as an integral part of an overall site design.
(21)
An above-grade loading facility should be screened from public
view to the extent necessary to eliminate unsightliness.
D.
Procedure for reviewing planned unit developments.
(1)
An applicant wishing approval for a PUD shall submit two copies of
a request to the Town Clerk in the form of a proposal, which shall
include:
(a)
A sketch plan showing existing and proposed land use and the
approximate location of proposed buildings, existing topographic characteristics,
approximate location of existing and proposed streets and easements
and existing land uses immediately adjacent to the proposed PUD.
(b)
A written explanation of the character and purpose of the PUD,
including the type and density of any housing proposed, the type and
nature of any nonresidential development proposed, open space to be
provided, the water and sewage disposal and stormwater drainage system
proposed, a general statement of proposed financing and an indication
of the expected timetable for development.
(c)
A draft short-form environmental assessment form (EAF) pursuant
to the New York State Environmental Quality Review Act (SEQRA). If,
upon a review of the short-form EAF, the Town (or its attorney) determines
that a full EAF is warranted, the applicant shall submit same.
(2)
The Town Clerk shall immediately transmit one copy of the request
to the Town Board and one to the Planning Board. The Planning Board
shall hold a conference with the applicant to jointly review the proposed
PUD and consider the conditions and specifications upon which a Planning
Board recommendation for approval would be forthcoming.
(3)
The Planning Board shall forward to the Town Board its recommendation
on the proposed PUD, including any conditions and specifications related
to such recommendation.
(4)
Within 62 days after receipt of the Planning Board's report and recommendation,
the Town Board shall hold a public hearing on the proposal and shall
act to approve, conditionally approve or disapprove the proposed PUD
within 10 days from the date of such public hearing. Approval or conditional
approval shall be authorization for the Zoning Officer to issue a
zoning permit. The Town Board may require additional, more detailed
plans and written explanation as a condition of approval.
(5)
Upon completion of the PUD or any stage of it, the Town Board shall
authorize the issuance of a certificate of zoning compliance before
such PUD shall be occupied and used.
A.
Purpose. The purpose of cluster development regulations is to encourage
flexibility in the design and development of residential land to make
specific provision for public open space, public parks, public school
sites and other necessary functions of a public nature.
B.
Approval. Cluster development shall be subject to the approval of
the Town Board based upon a review and recommendation by the Planning
Board.
C.
Regulations governing cluster development.
(1)
Permitted district. Cluster development shall only be permitted within
the R-1 and R-2 Residential Districts.
(2)
Minimum development area. Cluster development shall apply to a major
subdivision of not less than 10 acres in area.
(3)
Minimum lot area. The required minimum lot area may be reduced by
not more than 20% if 20% of the total area of usable land within the
subdivision is deeded to and accepted by the Town of Seneca Falls
for public purposes.
(4)
Maximum density. The maximum density for the entire subdivision shall
be not more than the maximum density permitted in the residential
district in which the subdivision lies.
(5)
Minimum lot frontage. The minimum frontage per individual lot may
be reduced by not more than 10%.
(6)
Minimum lot depth. The minimum depth per individual lot may be reduced
by not more than 10%.
A.
APIARY
BEE
COLONY
HIVE
TRACT
Definitions.
As used in this section, the following terms shall have the meanings
indicated:
A place where bee colonies are kept.
Any stage of the common domestic honey bee, apis mellifera
species.
A hive and its equipment and appurtenances, including bees,
comb, honey, pollen and brood.
A structure intended for the housing of a bee colony.
A contiguous parcel of land under common ownership.
B.
Districts
where permitted. Beekeeping may be permitted only in the A-1 or A-2
Agricultural Districts. Beekeeping is prohibited in all other districts.
C.
Prohibited
conduct. Notwithstanding compliance with the various requirements
of this section, it shall be unlawful for any beekeeper to keep any
colony or colonies in such a manner or of such disposition as to cause
any unhealthy conditions or interfere with the normal use and enjoyment
of any public or private property, or to fail to comply with the requirements
of this chapter.
D.
Hives.
All hives must maintain a minimum ten-foot setback from the designated
side and rear property lines. No hives shall be permitted within the
front yard setback.
E.
Colony
densities. It shall be unlawful to keep more than the following number
of colonies on any tract or lot within the Town, based upon the size
or configuration of the tract or lot on which the apiary is situated:
(1)
One-quarter
acre or less: two colonies.
(2)
More
than 1/4 acre but less than 1/2 acre: four colonies.
(3)
More
than 1/2 acre but less than one acre: six colonies.
(4)
One
acre or larger: eight colonies.
(5)
Regardless
of tract or lot size, where all hives are situated at least 200 feet
in any direction from all property lines of the tract on which the
apiary is situated, there shall be no limit to the number of colonies.
F.
Nuisances.
The keeping of any bee colonies in the Town not in strict compliance
with this section is declared to be a menace to the health and safety
of the residents of the Town and is hereby declared to be a nuisance.
Any bee colony not residing in a hive structure intended for beekeeping,
or any swarm of bees, or any colony residing in a standard or homemade
hive which, by virtue of its condition, has obviously been abandoned
by the beekeeper, is hereby declared to be a menace to the health
and safety of the residents of the Town and is hereby declared to
be a nuisance. Any bee colonies kept in the Town not in compliance
with this section or otherwise declared to be a nuisance pursuant
to this subsection may be summarily destroyed or removed from the
Town at the direction of the Zoning Officer, or his or her designee.
