All special permit uses shall be deemed to be
permitted principal uses in the district in which they are located,
subject, however, to the additional standards of this section and
such additional conditions and safeguards deemed necessary to eliminate,
insofar as possible, any condition which would adversely affect the
development of the district for the other permitted principal uses
specified for it.
A.
All applications for the use of a lot for a special
permit use shall be referred to and acted upon by the Town Board.
Such application shall be accompanied by a detailed plan, a letter
of intent and such other exhibits as are required by the Town Board
to clearly indicate the proposed use, its location on the lot, the
size and bulk of all structures and the location of vehicular ways,
parking lots and all pertinent facilities. The Town Board shall hold
a public hearing and decide on such application in accordance with
the procedures in Town Law § 274-a.
[Added 7-9-1997 by L.L. No. 4-1997;
amended at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
B.
A special permit, when granted, may include any specified
additional conditions and safeguards deemed necessary by the Town
Board to carry out the purpose and intent of this chapter in the sole
and absolute discretion of the Town Board. The Town Board may refer
to the Planning Board for study and recommendations.
The standards for all special permit uses shall
be:
A.
The lot area, width and depth shall be such as to
minimize the adverse effect of the use on adjoining property.
B.
The extent, bulk and yard setbacks of buildings and/or
structures shall be such as to maintain the overall character of the
district.
C.
The routing and parking of vehicles shall be such
as to minimize hazard to street traffic and pedestrians.
All required yards adjoining any land in a residence
district shall be permanently landscaped and maintained in vegetation;
no flashing sign or sign with exposed tubes shall be permitted.
There shall be no more than one sign; there
shall be no side yard less than 15 feet.
No school activities shall be conducted in a
basement or above any floor having direct egress to ground level;
there shall be 100 square feet of usable exterior play area for each
child enrolled; no exterior play area shall be located less than 15
feet from an adjoining lot use for dwelling purposes; all exterior
play area shall be fenced.
There shall be no flashing signs; there shall
be no commercial floodlighting facing any land in a residence district
closer than 200 feet; loudspeaker appurtenances and lighting shall
be restricted to reasonable hours as determined in each case by the
Town Board.
[Amended 1-8-1992 by L.L. No. 1-1992]
All requirements of Chapter 83, Mobile Homes, as amended from time to time on this subject, shall be met, and other standards and conditions may be promulgated by the Town Board in its sole and absolute discretion. Such discretion includes the total denial of a special permit application as determined by the sole and absolute discretion of the Town Board. All mobile home court applications shall be in accordance with and governed by the procedures set forth in Chapter 83, Mobile Homes.
[Amended 7-13-1988 by L.L. No. 2-1988]
The access and egress points shall be approved
by the Town Board as offering a minimum of traffic hazard; the screen
shall be situated so as to minimize distraction to motorists; the
site shall be at least 10 acres, and an undeveloped buffer area on
the site of at least 200 feet wide shall be provided where the lot
abuts any land in the R-A or R-1 District.
[Amended 7-13-1988 by L.L. No. 2-1988]
Gasoline service stations may be permitted in
the G-B, H-B and M Districts of the Town, provided that the following
standards are observed:
A.
In addition to the information required in the special permit application and enumerated in Article VI of this chapter, the site plan submitted shall also show the number and location of the fuel tanks to be installed, the dimensions and the capacity of each storage tank, the depth the tanks will be placed below the ground, the number and the location of pumps to be installed and the type of structure and accessory buildings to be constructed.
B.
The area and yard specifications for motor vehicle
service stations are identified in the schedule of this chapter.
C.
The entire area of the site traveled by motor vehicles
shall be paved.
D.
Any repair of motor vehicles shall be performed in
a fully enclosed building. No more than two motor vehicles shall be
offered for sale on the site. No motor vehicle parts or partially
dismantled motor vehicles shall be stored outside of an enclosed building.
No more than two unlicensed vehicles shall be permitted on the premises.
E.
Accessory goods for sale may be displayed on the pump
island and the building island only. The outdoor display of oil cans
and/or antifreeze and similar products may be displayed on the respective
island if provided for in a suitable stand or rack.
F.
No motor vehicle service station or public garage
shall be located within 500 feet of any public entrance to a church,
school, library, hospital, charitable institution or place of public
assembly. Such distance shall be measured in a straight line from
said public entrance to the lot line nearest said entrance along the
street line.
G.
Where a motor vehicle service station abuts a residential
zone, it shall be screened by a buffer area of not less than 100 feet
in depth, composed of densely planted evergreen shrubbery, solid fencing
or a combination of both, which, in the opinion of the Town Board,
shall be adequate to prevent the transmission of headlight glare across
the zoned boundary line. Such buffer screen shall have a minimum height
of six feet above finished grade at the highest point of the station.
The materials used shall be in keeping with the character of the adjacent
residential area. If said shrubbery becomes decayed and fails to provide
an adequate screen, the Zoning Officer may direct the property owner
to replace said shrubs.
[Amended 11-14-2007 by L.L. No. 2-2007]
H.
All fuel pumps shall be located at least 20 feet from
any street or property line.
I.
In addition to the sign requirements for business uses, each motor vehicle service station shall be permitted to have one freestanding or pylon sign setting forth the name of the station and for the principal products sold on the premises including special company or brand name, insignia or emblem, provided that such sign shall not exceed 20 square feet in area on either of two sides and shall be hung within the property line and no less than 10 feet nor more than 25 feet above the ground. (See § 120-64, Signs.)
[Added 7-13-1988 by L.L. No. 2-1988]
A.
Commercial garages may be permitted in Highway Business
and Manufacturing Districts.
B.
The following standards shall apply to all commercial
garages located within the Town of Holland:
(1)
No major repair work shall be conducted outside of
the structure.
(2)
All automobile parts and similar articles shall be
stored within the structure.
(3)
No more than two dismantled vehicles, vehicles under
repair, vehicles awaiting repair or repaired vehicles awaiting pickup
shall be left in the area between the building line or front wall
of a building and the front property line for more than 72 hours.
In the case of a corner lot, the property shall be considered to have
two front main walls and two front property lines.
(4)
A maximum number of vehicles as permitted under Subsection B(3) shall be six unless allowed as a condition of the special permit.
(5)
The site shall be maintained so that vehicles using
the facility shall not obstruct or become a hazard to users of the
public sidewalks or highways on which the station or garage fronts.
[Amended 7-13-1988 by L.L. No. 2-1988; 11-14-2007 by L.L. No.
2-2007]
Campgrounds may be permitted in the R-A District,
provided that the following standards are observed:
A.
No portion of the property for which a special use
permit is sought is within 1,000 feet of any watercourse which is
part of any water supply system.
B.
All provisions of the Sanitary Code or such other
regulations of the State Health Department pertaining to camps shall
be complied with.
C.
The number of persons to be accommodated shall not
exceed one person per 10,000 square feet of area within such grounds.
D.
No camp structure shall be located within 300 feet
of any street or property line.
E.
All requirements of Chapter 83, Mobile Homes, as amended from time to time on this subject, shall be met, and other standards and conditions may be promulgated by the Town Board in its sole discretion. Such discretion includes the total denial of a special permit application as determined by the sole and absolute discretion of the Town Board. All applications shall be in accordance with and governed by the procedures set forth in Chapter 83, Mobile Homes, then in effect.
Excavation operation, including the extraction
of sand and gravel and processing or other operations for preparation
of sand and gravel, may be permitted in districts of the Town, provided
that the following conditions and standards are observed:
A.
The minimum lot area for any such use shall be 10
acres; all buildings and excavation operations shall be located or
shall occur not less than 100 feet from any street or property lines.
The Town Board may require fencing or some similarly effective barrier
six feet in height where excavations are to exceed a depth of four
feet.
B.
All buildings and structures used in such operations
shall be dismantled and removed within 12 months following the termination
of the operations, shall be made at the expense of the operator and
shall be a condition of approval of the special use permit.
C.
All buildings, structures and plants used for the
processing of excavated materials shall be maintained so as to assure
that such buildings, structures and plants shall not become dangerously
dilapidated.
D.
All equipment used for the excavation of sand and
gravel and the processing thereof shall be constructed, maintained
and operated in such a manner as to eliminate, as far as is practicable,
noises and vibrations and dust conditions which are injurious or substantially
annoying to all persons living in the vicinity; all operations shall
be conducted between the hours of 7:00 a.m. and 6:00 p.m., Monday
through Saturday. There will be no operations on Sundays, except in
the case that public or private emergency repairs to equipment are
required to be made.
E.
All land which has been excavated must be rehabilitated
in accordance with standards set within one year after the termination
of operations, at the expense of the operator, and shall be a condition
of the approval of the special use permit. It is further provided
that where an excavation operation has lasted longer than one year,
rehabilitation of land in accordance with standards set must be begun
and completed within one year's time. The Building Safety Inspector/Zoning
Enforcement Officer shall require the operator to cease excavation
operations when the above standard is violated until the operator
complies.
[Amended 7-13-1988 by L.L. No. 2-1988]
F.
All excavations must either be made to a water-producing
depth or graded and backfilled.
G.
Excavations made to a water-producing depth shall
be properly sloped to the waterline, with banks sodded or surfaced
with soil of an equal quality to adjacent land area topsoil; such
topsoil required under this section shall be planted with trees, shrubs,
legumes or grasses upon the parts of such areas where revegetation
is possible.
H.
The Town Board shall not grant a special use permit
for an excavation operation when the area in which the operation is
proposed exhibits a residential character. The Town Board shall consider
an area to have a residential character when a circle [radius 2,980
feet] drawn around the center of the proposed use contains 1/3 of
the homes the area [approximately one square mile] of the circle would
have if developed to the density allowed by this Zoning Chapter.
I.
The Town Board may require a performance bond or some
other financial guaranty that the conditions of the granting of the
special use permit are carried out.
J.
Under no circumstances shall the Town Board issue
a special permit for excavation if such a permit under any circumstances
and in any manner involves the storing, dumping or otherwise disposal
of any waste, industrial waste, solid waste or regulated waste. Nothing
in this section shall be construed so as to prevent farm operations;
animal housing; the storage, use and disposal of manure or other animal
waste; junkyards; or automobile wrecking yards as otherwise permitted
by this chapter.
[Added 11-9-1983; amended 7-13-1988 by L.L. No. 2-1988]
Public utility uses, such as dial equipment
centers and substations, but no service or storage yards, may be permitted
in a zone district with a special use permit. No special use permit
shall be issued unless the Town Board shall determine that:
A.
The proposed installation in a specific location is
necessary and convenient for the efficiency of the public utility
system or the satisfactory and convenient provision of service by
the utility to the neighborhood or area in which the particular use
is to be located.
B.
The design of any building in connection with such
facility conforms to the general character of the area and will not
adversely affect the safe and comfortable enjoyment of property rights
of the zone in which it is located.
C.
Adequate and attractive fences and other safety devices
will be provided.
D.
A buffer strip 10 feet in width shall be provided
around the perimeter of the property.
Cluster residential developments of one-family
dwellings may be permitted in the R-A and R-1 Residential Districts
of the Town, provided that the following conditions are observed:
A.
The project shall encompass a minimum land area of
25 acres.
B.
The developer shall dedicate all unsubdivided lands
to permanent open space. In no case shall these lands be less than
25% of the total project area. All such lands shall be suitable, in
the opinion of the Planning Board, for the intended use. Such lands
shall be offered for dedication to the Town Board of the Town of Holland.
C.
The developer shall have received the recommendations
of the Planning Board of the design and arrangement of streets, lots,
open areas and other elements of the project prior to filing the special
use permit application.
[Amended 1-8-1992 by L.L. No. 1-1992]
D.
The requirements of this chapter, insofar as density,
minimum lot area, minimum lot width, minimum side and rear yard areas
and maximum lot coverage are as specified in the schedule of this
chapter.[1] All other requirements of this chapter shall be adhered
to.
[1]
Editor's Note: The Schedule of Area, Lot and
Bulk Requirements is included at the end of this chapter.
Planned unit developments consisting of cluster
residential developments and business uses as defined below may be
permitted in the R-A Rural Residential and Agriculture District of
the Town, provided that the following conditions are observed:
A.
Only convenience businesses, such as a grocery store
or self-service laundry, will be permitted. In no case will there
be more than one business for every 100 homes in a planned unit development.
B.
Business will be housed in buildings structurally
and architecturally similar to the residences in the immediate vicinity.
C.
The cluster residential development portion of the
planned unit development shall contain a minimum of 100 homes.
D.
The developer shall have received the recommendations
of the Planning Board of the design and arrangement of streets, lots,
open areas and all other elements of the project prior to filing the
special use permit application.
[Amended 1-18-1992 by L.L. No. 1-1992]
E.
The requirements of this section, insofar as density,
minimum lot area, minimum lot with, minimum side and rear yard areas
and maximum lot coverage, are as specified in the schedule of this
chapter.[1] All other requirements of this chapter shall be adhered
to.
[1]
Editor's Note: The Schedule of Area, Lot and
Bulk Requirements is included at the end of this chapter.
[Amended 12-12-1984]
In order to provide the Town of Holland with
the maximum flexibility in the attraction of potential business and
industrial investors, business and industrial uses may be permitted
with a special use permit in R-A, GB, HB and M Districts of the Town,
provided that the standards and requirements detailed below are complied
with:
B.
Said use shall front on a road which, in the opinion
of the Town Board, is adequate to accommodate the volume of traffic
the specific use is expected to generate.
C.
The Town Board shall not grant a special use permit
for a restricted business or industrial use when the area in which
the use is proposed exhibits a residential character. In addition
to other criteria, the Town Board may consider an area to have a residential
character when a circle [radius 2,980 feet] drawn around the center
of the proposed use contains 1/3 of the homes the area [approximately
one square mile] of the circle would have if developed to the density
allowed by this Zoning Chapter. In the determination of density, factors
such as road frontage, adaptability of physical terrain and potential
development shall be taken into consideration.
D.
The Town Board shall have the authority, in its sole
discretion, to approve or deny such application for a special use
permit. In the event of disapproval by the Town Board, the administrative
remedy of the applicant is to petition the Town Board for an amendment
to this chapter to allow the proposed use.
In order to provide maximum flexibility in the
business sales and services, planned business areas will be allowed
by special use permit in the General Business and Highway Business
Districts, subject to be following conditions:
A.
Only uses similar to those permitted in the GB or
HB District shall be permitted in a planned business area, as appropriate.
B.
Accessory uses and off-street parking requirements
shall be identical to the applicable district requirements, except
that there may be one directory sign identifying the names or the
occupants of the units at any location therein. Said directory sign
shall not exceed 50 square feet in area on either of two sides.
C.
Design and area requirements shall be as follows:
(1)
The proposed development for a planned business area
shall be constructed in accordance with an overall plan for the entire
area and shall be designed with a single architectural scheme with
appropriate common landscaping. The development shall provide initially
for the construction of either a minimum of 8,000 square feet of ground
floor area or a minimum of four of the permitted uses.
(2)
No building or permanent structure other than one
permitted freestanding sign shall be erected within 50 feet of any
street or property line.
(3)
The Holland Planning Board may prescribe more restrictive
conditions or any further reasonable conditions deemed appropriate
with respect to improving the design quality of the planned business
district.
(4)
Adequate guaranty in the form of either a bond or
escrow agreement shall be given prior to approval of the plan to assure
that all parking, entrances, exits, facilities and services are installed
as required.
(5)
Permits issued pursuant to this section shall expire
in one year after date of issuance thereof unless the approved project
is completed or unless the Planning Board recommends and the Town
Board extends the permit for successive terms not exceeding one year
each, subject to such safeguards as it may prescribe in the public
interest.
(6)
Truck loading and unloading areas shall be provided
in sufficient amount to permit the transfer of goods and materials
on the premises rather than on a public street or customer off-street
parking area on the premises; a landscaping screen of no less than
six feet in height shall be required where off-street loading and
unloading areas abut residential uses, so that such operations shall
be shielded from view from such residences.
(7)
Parking areas shall be designed to provide for a convenient
flow of circulation within the shopping center; dividing aisles shall
be provided with one tree for each 10 vehicle spaces of a type to
be approved by the Town Engineer; the parking area shall be illuminated
by nonglare lighting standards, focused downward, of a height not
to exceed 25 feet.
(8)
Where a planned business area abuts a residential
lot(s), there shall be a buffer strip of 50 feet at the periphery
of the planned business area. The buffer strip shall be perpetually
maintained with plant materials to provide a visual screen between
the planned business area and the adjoining residential lot(s).
[Added 3-9-1983; amended 7-13-1988 by L.L. No. 2-1988]
In order to provide maximum flexibility in the
establishment of private electric-generating systems, said systems
will be allowed by special permit use, subject to the following conditions:
A.
Construction, operation and maintenance must be in
strict compliance with all requirements of the Public Service Commission
and with the public utility contracted with.
B.
All structures must meet applicable code rules and
regulations and be certified by a licensed New York State engineer
with respect to its compliance.
C.
All structures must be built a distance from all other
structures, a distance of at least twice the height of the structure.
D.
The maximum height of the structure is 100 feet.
E.
The owner and operator of generating station is responsible
for interference with the use of adjoining and nearby properties,
particularly in regard to electrical interference.
F.
The appropriate government body retains the right
to establish whatever safeguards and requirements it deems appropriate
and necessary.
[Added 8-8-2012 by L.L. No. 2-2012]
A.
Statutory authority; determination of well water quality; Holland
Aquifer.
(1)
In accordance with New York Town Law Article 16, § 261,
the Town of Holland does hereby exercise its authority for the purpose
of promoting the health, safety and general welfare of the Town, being
empowered by local law to regulate and restrict the location and use
of land. The exercise of such authorization includes the approval
of special use permits in accordance with Town Law § 274-b.
The objective of the special use permit is to assure that the proposed
use is in harmony with such zoning local law and will not adversely
affect the neighborhood if such requirements are met. Town Law § 274-b,
Subdivision 8, requires compliance with the provisions of the State
Environmental Quality Review Act under Article 8 of the Environmental
Conservation Law and its implementing regulations. Notwithstanding
superseding laws such as the Federal Natural Gas Act and the New York
Environmental Conservation Law regulating the oil and gas industry,
the land use authority granted to the Town may be exercised notwithstanding
any incidental effect upon preempting laws, rules and regulations.
(2)
The applicant shall seek the consent of each owner and, upon
approval, shall determine the quality of all water wells located within
1,000 feet of both vertical and/or horizontal gas/oil wells. The applicant
will provide pre- and post-construction testing by a qualified testing
entity for all domestic water wells located within 1,000 feet of the
proposed well site at no cost to the owner. Results of both the pre-
and post-construction testing will be provided to the landowner and
to the Town as a supplemental addition to the special use permit.
(3)
In the event there are subsequent adverse changes between the
pre- and post-construction testing, attributable to the location,
construction and use of the gas or oil wells, the applicant shall
be responsible for all damages, both actual and consequential, caused
by the construction and use of the gas or oil wells. The duration
and frequency of subsequent sampling will be determined on a case-by-case
basis depending upon the location of the oil and natural gas well
in relation to surrounding water wells.
(4)
In the event the proposed drilling for oil and gas wells is
within the "zone of contribution" to the Holland Aquifer, the applicant
shall provide the Town with pre- and post-construction testing.
B.
Permit required.
(1)
This section is enacted pursuant to New York State Municipal
Home Rule Law, New York Town Law, and New York Vehicle and Traffic
Law §§ 385 and 1660, as to provide for the general
health, safety and welfare of the citizens of the Town to regulate
by permit the operation of motor vehicles exceeding the weight and
dimensions standards set forth by New York Vehicle and Traffic Law
§ 385 (hereinafter "permit").
(2)
Any vehicle or combination of vehicles that exceed the weight
or dimensions standards set forth in New York Vehicle and Traffic
Law § 385 shall be prohibited from operating on roads under
the jurisdiction of the Town unless holding a permit issued under
the provisions of this section.
(3)
This section shall only apply to permits issued in connection
with a "major project" as defined in this subsection. For purposes
of this section, "major project" shall mean a commercial activity
involving the installation, development or construction of one or
more oil or natural gas wells and related infrastructure and facilities.
(4)
The Town Superintendent of Highways shall authorize the Town
to issue the permits established by this section. The Town Board shall
set fees for such permits in accordance with the cost of issuing the
permit and of inspecting and regulating the permitted activity.
C.
Permit procedure.
(1)
The Town Highway Superintendent shall make available to any
applicant who wishes to operate a motor vehicle exceeding the weight
and dimensions standards established by the New York Vehicle and Traffic
Law a permit application which shall require the applicant to submit,
in a form acceptable to the Highway Superintendent, the following:
(a)
Proof of valid state motor vehicle registration for each vehicle.
(b)
A valid New York State special hauling permit issued by the
New York State Department of Transportation pursuant to New York Code
of Rules and Regulations (NYCRR) Part 154 (17 NYCRR 154).
(c)
A specification of the Town highways for which a permit is requested
as well as a route map indicating the applicant's proposed hauling
routes, if applicable.
(d)
Proof of liability insurance, as requested by the Highway Superintendent.
(2)
Additional relevant information may be required in the permit
application as deemed necessary for the purposes of this section by
the Highway Superintendent.
D.
Permit conditions. The Town Highway Superintendent is specifically
authorized to attach appropriate conditions to any permit issued under
this section so as to ensure that hauling and road use by the applicant
is consistent with the statutory purpose of New York Vehicle and Traffic
Law § 385 and provisions of this section relating to an
applicant's obligation to repair or replace any damage to Town roads
occasioned by use of the permit. The specifications and costs associated
with such repair or replacement shall be determined by the Town in
accordance with statutory provisions regarding contracts for purchases
of services.
E.
Multiple permits. Should an applicant or one or more related applicants or one or more applications related to the same project or purpose apply for more than one permit under the terms of this section, such applicant(s) must execute a road maintenance agreement acceptable to the Highway Superintendent substantially in a form approved by the Highway Superintendent and made part of the application form referred to in Subsection C herein.
F.
Permit and road maintenance agreement conditions. The Town Highway
Superintendent is authorized to attach appropriate conditions to any
permit issued under this section and/or to the road maintenance agreement
so as to ensure that hauling and road use by the applicant is consistent
with the statutory purposes of the New York Vehicle and Traffic Law
§ 385, New York Vehicle and Traffic Law § 1660
and the provisions of this section relating to the operation of motor
vehicles exceeding the weight and dimensions standards set forth in
New York Vehicle and Traffic Law § 385 and the applicant's
obligation to repair or replace any damage to Town roads established
by this section and New York State law.
G.
Duration and term. Permits under this section shall be issued for
a period of one year and are subject to renewal for one-year periods,
provided that the applicant has complied with the conditions of the
permit and, if applicable, the road maintenance agreement.
H.
Revocation of permit; stop orders. The Highway Superintendent is
authorized to suspend any permit issued under the terms of this section
upon the issuance of a written notice of permit violation issued to
the permit holder. Upon the issuance of a notice of permit violation,
which may contain an order immediately suspending the permit, the
permit holder shall have an opportunity to correct any violation of
the permit or shall have an opportunity to be heard by the Highway
Superintendent within five days of the notice of the permit violation.
Should the applicant fail to correct any violation of an issued permit
as specified by the Highway Superintendent, said permit may be revoked
on 10 days' written notice to the applicant.
I.
Security bond. Any applicant(s) for permits under this section which
may be subject to the requirement of a road maintenance agreement
shall fully comply with the indemnity, insurance and security provisions
contained in said road maintenance agreement.
J.
Additional requirements.
(1)
Any permit holder shall provide the Highway Superintendent with
a minimum of 72 hours' notice of a permit holder's intent to commence
use of the permit on Town roads, and further, said applicant shall
be required, upon request by the Highway Superintendent, to provide
the Highway Superintendent with detailed information regarding the
locations and duration of the truck routing activity authorized by
the permit.
(2)
The Highway Superintendent may waive the requirements of this
section for publicly owned vehicles, those vehicles owned by a public
utility and emergency vehicles.
K.
Violations and penalties.
(1)
Any person who shall operate or move a vehicle or a combination
of vehicles the weights or dimensions of which shall exceed the limitations
provided in § 385[1] on Town roads or highways without obtaining the permit
required hereunder shall be guilty of a violation, which shall be
punishable by a fine not exceeding $500 per occurrence for the first
violation and not to exceed $1,000 per occurrence for each subsequent
violation.
[1]
Editor's Note: See § 385 of the New York Vehicle
and Traffic Law.
(2)
The Town is specifically authorized to institute a civil action
in New York Supreme Court to compel compliance with this section.
L.
Severability. If any part or provision of this section or the application
thereof to any person or circumstance be adjudged invalid by any court
of competent jurisdiction, such judgment shall be confined in its
operation to the part or provision or application directly involved
in the controversy in which such judgment shall have been rendered
and shall not affect or impair the validity of the remainder of this
section or the application thereof to other persons or circumstances,
and the Town Board hereby declares that it would have passed this
section or the remainder thereof had such invalid application or invalid
provision been apparent.
[Added 9-11-2013 by L.L. No. 1-2013]
For purposes of this section, "animals" are defined as fowl
and hoofed animals such as cows, horses, pigs, sheep, goats and similar
species as determined by the Town Board.
A.
Farms
10 acres or more. Within 100 feet of any property line in any A, R
or B District, no storage of manure or other odor- or dust-producing
substance or use shall be hereafter established and no building or
pen shall be hereafter erected or changed in use to house or contain
horses or other farm animals, more than 30 chickens or other fowl.
Within 100 feet of any residence on adjacent property, no fur farm,
hog pen or commercial livestock feed lot shall be hereafter established
or extended.
B.
Farms
under 10 but more than three acres. Special use permits on a parcel
less than 10 acres for animal housing shall be required from the Town
Board subject to such conditions as the Town Board may impose regulating
housing of animals, storage of manure or other odor- or dust-producing
substances and consideration of neighbors and such similar restrictions
as the Town Board may deem proper under the circumstances. For farms
located within a state and county agricultural district, the conditions
of a special use permit shall not unreasonably restrict or regulate
farm operations in contravention of the New York Agriculture and Markets
Law unless it can be shown that the public health or safety is threatened.
C.
Fowl and hoof animals for farms less than 10 acres. Special use permits
are required for fowl and poultry in all zoning districts. Applicants
for the special use permit must live in detached single-family homes
and raise chickens for noncommercial purposes. The number of fowl
and poultry shall not exceed 12. Roosters are not permitted in Districts
R-2 and R-1. The Town Board may impose such conditions, taking into
account the zoning district in which the use is proposed, including
the storage of manure, consideration of adjoining properties and neighbors,
and such other restrictions as the Town may deem proper under the
circumstances.
[Amended 6-14-2017 by L.L. No. 2-2017; at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
(1)
Chickens in R-1 District.
(a)
The raising or keeping of up to six hen chickens only (no other fowl),
may be conducted as an accessory use upon the issuance of a special
permit by the Town Board on the same premises associated with an owner-occupied
single-family or two-family detached dwelling as the principal use,
subject to the following procedures and conditions:
[1]
Application for the special permit will be made to the Building Safety
Inspector/Zoning Enforcement Officer. Once filed, the premises will
be inspected by the ZEO and a building plan for the coop and enclosure
submitted for review.
[2]
Notification of the application will be published in the Arcade Herald
and on the Town website. Neighbors with any concerns may contact the
ZEO within 10 days of publication. After the ten-day period, the ZEO
may issue the special permit. If there are issues, the ZEO may refer
the application to the Town Board and/or Planning Board.
(b)
Special conditions relative to the raising of chickens by special
use permit in an R-1 District:
[1]
The maximum of six hen chickens only, raised for noncommercial purposes
only, must be raised within a coop and fenced chicken run with a total
area not to exceed 150 square feet. The coop must be constructed so
as to not be unsightly to neighboring properties, and its design must
be approved by the ZEO.
[2]
The coop and enclosure must be located in the rear yard and must
be at least 15 feet from any adjacent property line. The coop must
be located at least 75 feet to the rear of the rearmost part of the
dwelling.
[3]
Chickens may not roam free and must be kept entirely within the coop
and/or fenced enclosure. The fenced enclosure must be constructed
of suitable wire and materials so that the hens cannot escape or fly
out of the enclosure.
[4]
Absolutely no rooster chickens are allowed. If found at any time,
the special permit will be revoked by the Town Board and the holder
will be subject to citation by the ZEO.
[5]
The raising of chickens shall be subject to all applicable sanitary,
noise and property maintenance regulations and local laws.
[6]
Proper disposal of manure. Any odor associated with the raising of
chickens shall not be perceptible beyond the property line.
[7]
Feed for chickens must be kept inside the coop or other completely
enclosed building in waterproof containers with lids, such as a plastic
five-gallon pail, so as to prevent rodent attraction.
(2)
Chickens in R-2 District.
(a)
The raising or keeping of up to 12 hen chickens only (no other fowl),
may be conducted as an accessory use upon the issuance of a special
permit by the Town Board on the same premises associated with an owner-occupied
single-family or two-family detached dwelling as the principal use,
subject to the following procedures and conditions:
[1]
Application for the special permit will be made to the Building Safety
Inspector/Zoning Enforcement Officer (ZEO). Once filed, the premises
will be inspected by the ZEO and a building plan for the coop and
enclosure submitted for review.
[2]
Notification of the application will be published in the Arcade Herald
and also on the Town website. Neighbors with any concerns may contact
the ZEO within 10 days of publication. After the ten-day period, the
ZEO may issue the special permit. If there are issues, the ZEO may
refer the application to the Town Board and/or Planning Board.
[3]
The special use permit shall be limited to the applicant and is not
transferable.
(b)
Special conditions relative to the raising of chickens by special
use permit in an R-2 District:
[1]
The maximum of 12 hen chickens only, raised for noncommercial purposes
only, must be raised within a coop and fenced chicken run with a total
area not to exceed 150 square feet. The coop must be constructed so
as to not be unsightly to neighboring properties, and its design must
be approved by the ZEO.
[2]
The coop and enclosure must be located in the rear yard and must
be at least 15 feet from any adjacent property line. The coop must
be located at least 75 feet to the rear of the rearmost part of the
dwelling.
[3]
Chickens may not roam free and must be kept entirely within the coop
and/or fenced enclosure. The fenced enclosure must be constructed
of suitable wire and materials so that the hens cannot escape or fly
out of the enclosure.
[4]
Absolutely no rooster chickens are allowed. If found at any time,
the special permit will be revoked by the Town Board and the holder
will be subject to citation by the ZEO.
[5]
The raising of chickens shall be subject to all applicable sanitary,
noise and property maintenance regulations and local laws.
[6]
Proper disposal of manure. Any odor associated with the raising of
chickens shall not be perceptible beyond the property line.
[7]
Feed for chickens must be kept inside the coop or other completely
enclosed building in waterproof containers with lids, such as a plastic
five-gallon pail, so as to prevent rodent attraction.
D.
Horses and hoofed animals. Special use permits are required for horses
and hoofed animals in all zoning districts for lots less than 10 acres.
For recreational keeping of horses, minimum lot size is to be three
acres. Out of the three acres, 1 1/2 acres of usable pasture
or exercise area is required for the first two horses. One additional
acre is needed for each additional horse.
[Added 6-14-2017 by L.L.
No. 2-2017]
