Town of Mendon, NY Article VII Special Use Permits

§ 260-24 General provisions.

A. Intent. The Planning Board is hereby empowered under § 274-b of the New York State Town Law to issue special use permits for those uses listed in the respective zoning districts as special permitted uses upon a finding that the criteria for issuing special use permits set forth in § 260-25 et seq. have been shown. All uses listed as subject to a special use permit are declared to possess characteristics of such unique and special form that each use shall be considered as an individual case in accordance with the standards and procedures of this chapter. Site plan approval by the Planning Board is an essential element of a special use permit.

B. Procedures.

(1) An application for the approval of a special use permit shall be made, by an owner of or a person having an interest in the land on which the special use is to be located, to the Planning Board Clerk. The application shall be accompanied by the necessary fees and documents, including the environmental assessment form and a site plan, containing all of the data required in this chapter for site plan approval.

(2) A special use permit shall authorize only one special use. More than one special use permit may be allowed per parcel. A time period may be established by the designated board for each special use permit. At the end of this specified time period, the special use permit shall expire unless renewed. In addition, the special use permit shall expire if the use shall cease for more than one year for any reason.

(3) A special use permit is not transferable to a new owner or a new person having interest in the land. The new owner or new person having interest in the land shall be required to reapply to the Planning Board for a new special use permit.

[Added 6-12-2023 by L.L. No. 4-2023[1]]

[1] Editor's Note: This local law also redesignated former Subsection B(3) through (9) as Subsection B(4) through (10).

(4) Before any special use permit shall be issued, the respective board shall make written findings certifying compliance with the specific rules governing individual special permit uses and that satisfactory provision and arrangement has been made concerning the following, where applicable:

(a) Ingress to and egress from property and proposed structures thereon, with particular reference to vehicular and pedestrian safety and convenience, traffic flow and control and access in case of fire or catastrophe.

(b) Off-street parking and loading areas, where required, with particular attention to the items in § 260-65, and the noise, glare or odor effects of the special permit use on adjoining properties, and properties generally in the district, and the economic impact of the proposed special permit use.

(c) Refuse and service areas.

(d) Utilities as appropriate, with reference to locations, availability and compatibility.

(e) Screening, buffering and landscaping, with reference to type, dimensions and character.

(f) Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect, compatibility and harmony with properties in the district.

(g) Required yards and other open space.

(h) General compatibility with adjacent properties and other property in the zoning district.

(5) Notice.

(a) The Planning Board Clerk shall mail written notice of an application for a special use permit to all abutting property owners. The cost of mailing the notice shall be paid by the applicant.

(b) Where required by Town Law § 283-a, an agricultural data statement shall be prepared and mailed to the owners of land as identified by the applicant. Such notice shall include completed agricultural data statement forms approved by the Town. The cost of mailing the notice shall be paid by the applicant.

(6) When applicable, the application shall be referred to the Monroe County Department of Planning and Development in accordance with the provisions of General Municipal Law §§ 239-l and 239-m and neighboring municipalities in accordance with the provisions of General Municipal Law § 239-nn.

[Amended 10-15-2018 by L.L. No. 3-2018]

(7) Public hearing. The Planning Board shall fix a reasonable time for a public hearing on the application as provided for in New York State Town Law and shall provide public notice thereof as follows:

(a) By publishing a notice in the official newspaper of the Town at least five days prior to the date thereof.

(b) By requiring the applicant to erect a sign giving notice of the public hearing, which sign shall be prominently displayed on the premises, facing a public street or road on which the property abuts. The sign shall be furnished to the applicant for this purpose by the Town. The sign shall be displayed for a period of not less than 10 days immediately preceding the public hearing or any adjourned date thereof. The applicant shall file an affidavit with the Town at or prior to the public hearing stating that the applicant has complied with the provisions of this subsection.

(8) Action.

(a) The issuing board may approve, with or without conditions, or disapprove the application for a special use permit within the time period specified in New York State Town Law § 274-b. The decision shall contain written findings explaining the rationale for the decision in light of the criteria contained in § 260-25 et seq.

(b) In granting a special use permit, the issuing board may impose any conditions which it considers necessary to fulfill the purposes of this chapter. These conditions may include increasing dimensional or area requirements; requiring the reservation of open space or parkland or payment of a recreation fee pursuant to Town Law § 274-a, Subdivision 6; specifying location, character and number of vehicle access points; requiring landscaping, planting and screening; requiring clustering of structures and uses in order to preserve environmental resources and minimize the burden on public services and facilities; and requiring action by the applicant, including the posting of performance bonds and the furnishing of guarantees to ensure the completion of the project in accordance with the conditions imposed.

(9) Required filing. The decision on the special use permit shall be filed with the Town Clerk within five business days after such decision is rendered and a copy thereof mailed to the applicant by the Planning Board Clerk.

(10) Fees and permits. The CEO shall, upon receipt of notice of approval and upon application by the applicant, collect all required fees and issue a building permit for the approved special use, subject to all conditions imposed by such approval.

C. Expiration, revocation and enforcement.

(1) A special use permit shall expire if the applicant fails to obtain the necessary building permits or fails to comply with the conditions of approval within one year of issuance.

(2) A special use permit may be revoked by the Planning Board if the permittee violates the conditions of approval or engages in any construction or alteration materially different from what is authorized by the special use permit.

(3) Any violation of the conditions of a special use permit shall be deemed a violation of this chapter and shall be subject to enforcement action as provided herein.

D. Amendments. A special use permit may be amended by filing an application with the issuing board. Any change in a special permitted use shall require a special use permit amendment.

(1) If the Board finds that such proposed amendment is consistent with the terms of the prior special use permit and does not represent a substantial change from the approved site plan, it may grant the amendment after a public hearing.

(2) If the Board determines that the proposed amendment is inconsistent with the terms of the special use permit, it may follow the procedures for a new application set forth above in this section.

§ 260-25 General requirements.

A. Special use permits may be authorized only upon a finding that the proposed use would comply with the specific requirements of this chapter, as well as the following general requirements:

(1) That the proposed use would not endanger or tend to endanger public health, safety, morals or the general welfare of the community. In making such determination, the Board shall consider lot areas, land use density and spacing, type of construction, parking facilities, traffic hazards, fire hazards, odors, smoke, fumes, noise, lights, the general character of the neighborhood, the nature and use of other premises, the location and use of other buildings in the vicinity and whether or not the proposed use will be detrimental to neighboring properties.

(2) That the proposed use will be in harmony with the probable future development of the neighborhood and will not discourage the appropriate development and use of adjacent land and buildings or impair their value.

B. The issuing board shall consider the scale of the proposed use as well as any proposed site amenities, architectural, historic preservation or conservation restrictions or other measures that would mitigate potential adverse impacts and preserve or enhance the scenic, natural or historic character of the Town.

C. Each proposed use must meet all the requirements of this chapter regarding off-street parking and loading, dimensional requirements, landscaping, buffering, signs, accessways and lighting.

D. The following conditions and criteria must be met for the specified uses.

§ 260-26 Adult use entertainment establishments.

A. Notwithstanding anything contained in this chapter, adult use entertainment establishments as defined in Chapter 5, Definitions and Word Usage, of the Code shall only be allowed in the Adult Use Overlay (AUO) District and upon issuance of a special use permit as specifically set forth in this chapter and only to the extent that it is consistent with this chapter and the New York State Penal Law relating to exposure, obscenity or lewdness.

B. The Adult Use Overlay (AUO) District shall be a mapped overlay zoning district restricted to those lands zoned industrial by the Town Board and in accordance with the standards set forth herein.

C. The following standards shall apply to every application:

(1) All adult use entertainment establishments shall be conducted within an enclosed building.

(2) Regardless of the building location or distance from any public and/or semipublic areas, no person who is passing by an enclosed building having a use governed by the provisions of this chapter shall be able to view any specified anatomical area or any specified sexual activity by virtue of any display which depicts or shows said area or activity, or hear any specified sexual activity being offered or conducted therein; or be offered any promotional material advertising the use being conducted therein. This requirement shall apply to any display, decoration, sign, window or other opening.

(3) No building, vehicle or other device associated with an adult use entertainment establishment shall be painted in such other fashion as will effectuate the same purpose as a sign without the Board's approval.

(4) Parking of registered vehicles only shall be permitted on the site and within designated parking area(s) and only during the hours of operation.

(5) No dwelling unit shall be allowed as part of any adult use entertainment establishment.

(6) The requirements referenced herein are in addition to and not in place of any requirements which appear elsewhere in the Code or in any other rule, regulation or policy of the Town which would apply to an application for a special use permit or as otherwise may apply with regard to the uses discussed herein.

D. The owner of a building or premises, his/her agent for the purpose of managing or controlling or collecting rents or any other person managing or controlling a building or premises used for an adult use entertainment establishment purpose shall register the following information with the CEO as part of any building permit or certificate of occupancy:

(1) The name(s) and address(es) of the owner(s) of the premises.

(2) The name of the business or the establishment subject to the provisions of this chapter.

(3) The names and addresses of the owner, the beneficial owner and the major stockholder(s) of the business or the establishment subject to the provisions of this chapter.

(4) The date of initiation of the adult use entertainment establishment.

(5) The time period and any conditions of approval that a special use permit has been issued for said use on the premises.

(6) If the premises or building is leased, a copy of said lease.

(7) A copy of all other permits (e.g., state liquor permit, county health, etc.) associated with said use.

E. Adult use entertainment establishments shall be deemed to be in violation of this chapter if the owner or operator or an employee of the owner or operator has been found to:

(1) Be in violation of any of the conditions imposed by the Planning Board as part of any special use permit or site plan approval.

(2) Refuse to allow an inspection of the establishment.

(3) Allow gambling to occur on the premises.

(4) Allow the possession, use of or sale of a controlled substance on the premises.

(5) Allow prostitution to occur on the premises.

(6) Allow any of the specified sexual activities to occur either from on the premises or arrangements for these activities to be made from on the premises.

§ 260-27 Apartment houses, multiple dwellings, condominiums and cooperatives.

[Amended 10-15-2018 by L.L. No. 3-2018]

The following conditions and criteria must be met for apartment houses, multiple dwellings, condominiums and cooperatives:

A. The minimum lot area shall be five acres.

B. Not less than 25% of the land area, excluding parking areas and vehicle access, shall be established and maintained as green space for the use and enjoyment of the residents and their guests.

C. The coverage of all buildings and structures shall not exceed 30% of the area of the entire site.

D. All dimensional requirements in Article XVII shall be adhered to.

E. No site preparation or building construction may commence until a site plan has been approved by the Planning Board.

§ 260-28 Cemeteries and related customary uses.

The following conditions and criteria must be met for cemeteries and related customary uses:

A. A new cemetery shall contain at least 10 acres of land.

B. No site preparation or use shall commence until final site plan approval has been granted by the Planning Board and permits have been issued by all governmental agencies involved. Among the features to be considered by the Planning Board as part of any site plan approval will be:

(1) The adequacy of the site to allow for the safe and efficient off-street parking of vehicles being used as part of a funeral procession.

(2) An internal vehicle circulation pattern to permit ingress and egress from the same point of access to a public highway.

(3) The method and availability of water supply.

(4) The location of all trash receptacles.

(5) The location of any structure used to temporarily store remains until burial.

(6) The location of a compost pile, bin or storage facility for plant materials and the screening of all such facilities.

(7) The overall landscaping plan for the entire site.

C. Each cemetery shall maintain at least a twenty-foot-wide unused area around the perimeter of the property that is to be landscaped and mowed.

D. Each cemetery shall provide a maintenance building to be used for the storage of all equipment and materials being used in the maintenance of the cemetery, unless such equipment and materials are stored off site.

E. Each cemetery shall maintain and post the hours of operation, including a phone number for information or to report an incident.

§ 260-29 Commercial outdoor recreational and/or athletic facilities.

The following conditions and criteria must be met for commercial outdoor recreational and/or athletic facilities:

A. The applicant shall submit a written statement which sets forth the details of the operation of the proposed use and a site plan showing development of the outdoor recreational facilities.

B. The minimum tract size for such a use shall be three acres, with not less than 275 feet of frontage on each highway which fronts the site.

C. A landscaped year-round buffer strip not less than 30 feet in depth shall be provided along the periphery of the proposed use. This landscaped buffer shall be provided within the setback requirements. The buffer strip shall include materials and be perpetually maintained by the developer or owner to provide a visual screen between the proposed use and adjoining properties and shall be used for no other purpose.

D. Noise generated from an outdoor commercial recreational use shall be confined to the site.

§ 260-30 Commercial storage buildings and mini-warehouses.

The following conditions and criteria must be met for commercial storage buildings and mini-warehouses:

A. The minimum lot size shall be two acres.

B. The maximum length of individual storage bays allowed for each mini-warehouse structure shall not exceed 100 feet in linear building length.

[Amended 10-15-2018 by L.L. No. 3-2018]

C. All units shall be adequately lighted, both exterior and interior. There shall be interior lighting for each storage unit. Interior lighting may be on a time device to permit automatic shutoff.

D. Each mini-warehouse unit shall be clearly identified, and the owner shall maintain records of all occupied units.

[Amended 10-15-2018 by L.L. No. 3-2018]

E. No mini-warehouse unit shall be allowed to store any hazardous material.

F. No mini-warehouse unit shall be used for vehicle repairs or body work.

G. Adequate landscaping and architectural detail shall be provided to minimize the visual impact of the warehousing structure on adjacent sites.

§ 260-31 Continuum care.

The following conditions and criteria must be met for continuum care:

A. The applicant must have obtained all of the requisite governmental approvals to operate the proposed facility.

B. The number of off-street parking spaces shall be provided as set forth in Article IX. At no time shall on-street parking be permitted to occur.

C. All off-street parking shall be located in either the side or rear yard portion of the site. All off-street parking areas shall be lighted, landscaped and buffered from any adjacent residential site(s).

§ 260-32 Essential services.

The following conditions and criteria must be met for essential services:

A. The proposed installation in a specific location is necessary and convenient for the efficiency of the essential service or the satisfactory and convenient provision of service to the area in which the particular use is located.

B. The design of any building in connection with such facility shall conform to the general character of the area and will not adversely affect the property rights in the district in which it is to be located.

C. Adequate and attractive fences and other safety devices will be provided.

D. A buffer strip not less than 15 feet in depth shall be provided around the perimeter of the property proposed for such use.

§ 260-33 Fuel-dispensing units.

A. Fuel-dispensing units may be allowed as an accessory use to any motor vehicle service station, convenience store or car wash.

B. The operation of all fuel-dispensing units must be supervised by a company employee.

C. All bulk storage permits must be obtained by the owner.

D. All fuel-dispensing units shall contain automatic shutoff nozzles, and the sales shall be recorded from within the principal use on the site. In addition, all such units shall have safety flushing devices in accordance with Uniform Code standards or National Fire Protection Association (NFPA) standards, to include automatic shutoffs in the event of an emergency.

E. The Planning Board may impose any conditions it deems necessary to protect the health and safety of motorists and pedestrians and to protect adjacent properties from potential adverse impacts of such use.

F. Except for motor vehicle service stations, there shall be no repairs to motor vehicles allowed on the site.

G. Any merchandise available for sale shall be maintained within a fully enclosed building.

§ 260-34 Funeral homes.

The following conditions and criteria must be met for funeral homes:

A. The applicant shall have obtained all of the requisite governmental approvals to operate the proposed facility.

B. The Planning Board shall determine that the street on which the funeral home is proposed is capable of carrying the volume of traffic likely to be generated by the proposed use. To the extent practical, funeral homes should be located such that traffic associated with this use does not flow through adjacent residential neighborhoods.

C. All off-street parking areas shall be illuminated, adequately screened from adjacent residential sites and available for use by visitors and employees.

D. Each off-street parking area shall be designed so as to accommodate the assembly of vehicles used in a funeral procession. This assembly area shall be provided in addition to the required space for off-street parking. Each assembly area shall contain a minimum of 1,200 square feet.

E. A caretaker's residence may be provided within the main building of the funeral parlor.

F. Loading and unloading areas used by ambulances, hearses or other such service vehicles shall be screened from adjacent residential sites by a wall or densely planted shrubs of six feet in height.

G. No building associated with a funeral home shall be located closer than 50 feet to any residential district or public street.

§ 260-35 Home occupations.

A. It is the intent of this section to allow a variety of home occupation pursuits as specially permitted uses in residential districts while recognizing the substantial governmental goal of preserving and maintaining the residential atmosphere, appearance and character of residential districts. It is recognized that while home occupation pursuits are specially permitted under the conditions provided for in this section, it is the primary purpose of this section to preserve and maintain the residential atmosphere, appearance and character of residential districts. It is the stated intent that the special permitted home occupation use will always be second and subordinate to the principal residential use of the premises and that the home occupation will not harm other residential uses of the property or adversely affect neighboring premises. Under no circumstance shall a special permitted home occupation become so extensive that it predominates the principal permitted residential use of the premises. It is further the intent of this section to establish specific performance standards and controls to limit home occupations so as to minimize the adverse impacts a home occupation could have on a neighborhood or district and to assure that it does not become the predominant use of the property.

B. A major home occupation, as defined in Chapter 5, Definitions and Word Usage, of this Code, shall first require the issuance of a special use permit by the issuing board. The issuing board may condition or restrict the special use permit for a major home occupation if, in the Board's judgment, such restriction is required to minimize the impact of the use upon the neighborhood or district. No special use permit shall be issued unless the Planning Board makes a finding that the following criteria have been met:

(1) The property is in full compliance with the provisions of the Town Code.

(2) The major home occupation is determined to be clearly subordinate to the permitted principal residential use of the premises.

(3) No other major home occupation is conducted upon the premises.

(4) The special use permit must be issued to the owner of the premises who is an actual resident of the premises.

(5) No more than two employees, whether full-time or part-time and whether paid or unpaid, who are not residents of the premises shall be permitted.

(6) The major home occupation must be carried on within an existing building on the premises. A major home occupation located within the principal dwelling unit may not exceed 25% of the total gross floor area or 500 square feet of the principal dwelling unit. A major home occupation located within an accessory structure may not exceed 35% of the total gross floor area or 800 square feet of the usable floor space of such accessory structure. A major home occupation may be located in both a portion of the principal dwelling unit and a portion of an accessory structure located on the premises, provided that the total gross floor area does not exceed 1,000 square feet.

(7) The major home occupation shall be subject to site plan approval by the Planning Board.

(8) The major home occupation must be fairly transparent and unobtrusive. The standard, "fairly transparent and unobtrusive," requires that the nonresidential character of the home occupation shall not be apparent to the Planning Board. The Planning Board shall consider the following standards when making this determination:

(a) Noise. The Board must find that the major home occupation is not likely to produce more noise than would exist in a residence without a major home occupation and that the type of noise and times of day of noise generation are not inconsistent with the primary residential use of the premises.

(b) Pedestrian traffic. The Board must find that the major home occupation is not likely to produce more pedestrian traffic to and from said premises than would exist in the case of a residence without a major home occupation and that the timing of such traffic is not inconsistent with traffic likely to be generated by the primary residential use.

(c) Vehicular traffic. The Board must find that the major home occupation is not likely to produce significantly more vehicular traffic to and from said premises than would exist in the case of a residence without a major home occupation and that timing of such traffic is not inconsistent with the primary residential use.

(d) Parking. The Board must find that the major home occupation does not create a need for any on-street parking spaces. Off-street parking spaces shall not be provided on the lot in such a manner as to cause the backing of vehicles onto a public highway. Furthermore, such off-street parking spaces shall be adequately landscaped so as to provide a visual buffer between the parking spaces and adjacent properties or public rights-of-way.

(e) Lighting. The Board must find that the major home occupation does not create light trespass onto adjacent properties or public rights-of-way which would be inconsistent with the Town's lighting standards.

(f) Aesthetics. If any change is proposed to the exterior of the building, the Board must find that the change will not materially alter a characteristic architectural feature of the building, such as fascia, window style or roofline.

(g) Trash. The Board must find that the major home occupation does not create additional waste products that are not properly contained within receptacles normally associated with the principal residential use of the premises. Where there are found to be additional waste products associated with a major home occupation that cannot be stored within such receptacles, then there must be provision for adequately securing such waste products within a screened and landscaped facility. Such a facility must be located behind the principal dwelling unit or behind the accessory structure used for the major home occupation.

(h) Exterior display and retail. The Board must find that the major home occupation does not involve the exterior display or storage of goods, materials, equipment or inventory. There shall be no retail sales where the public visits the premises to purchase goods, materials, equipment or inventory.

(i) Hours of operation.

(j) Accessory structure. No major home occupation shall be permitted in an accessory structure located in front of the principal dwelling.

(9) All signage shall conform to the Town's sign law.[1]

[1] Editor's Note: See Art. X, Sign Regulations.

(10) Any special use permit issued hereunder shall be personal to the permittee, and no permit shall be transferable or run with the land. The special use permit shall terminate upon the issuing board's finding of a change in the performance standards or upon any change in ownership of the property.

(11) In applying the above criteria, the issuing board may consider the following:

(a) The size of the lot (i.e., acreage, lot width and depth, shape, etc.);

(b) The size and/or number of vehicles (including machinery) used in connection with such major home occupation;

(c) The density and/or character of the neighborhood and the proximity of neighboring properties and residences;

(d) The necessity for screening and/or buffering of the major home occupation from adjacent properties or public rights-of-way; and

(e) The size and type of highway (i.e., state, county, Town) upon which such major home occupation is located.

C. A minor home occupation does not require a special use permit and may operate upon the issuance of a certificate of zoning compliance from the CEO. The CEO must find that:

(1) The property involved with a minor home occupation is in full compliance with the provisions of the Code;

(2) The minor home occupation is subordinate to the use of the principal dwelling unit located on the premises;

(3) There is no other minor home occupation conducted on the premises;

(4) The minor home occupation is being conducted by a person residing in the principal dwelling unit located on the premises;

(5) The floor area devoted to or used for a minor home occupation shall not exceed 15% of the total gross floor area of the principal dwelling unit, excluding any accessory building or structure, or 350 square feet, whichever is less. A minor home occupation located within an existing accessory structure may not exceed 25% of the total ground floor area of such accessory structure;

[Amended 10-15-2018 by L.L. No. 3-2018]

(6) The minor home occupation shall not have any exterior display or storage of goods, materials, equipment or inventory;

(7) The minor home occupation may not have a commercial speech sign; and

(8) The minor home occupation uses no equipment which would not customarily be used by the occupants of the principal dwelling unit.

D. Code compliance. Both a major and minor home occupation shall require a certificate of compliance from the Fire Marshal and the CEO attesting that the structure and proposed use comply with the New York State Uniform Fire Prevention and Building Code as applicable to the Town.

E. Revocation of home occupation permits. A home occupation permit shall be deemed revoked upon the occurrence of any of the following:

(1) A subsequent home occupation permit is issued;

(2) There is a substantial change in the nature of the home occupation;

(3) The home occupation is not commenced within six months of the issuance of a permit;

(4) The home occupation ceases operation or is discontinued for a period of three months for any reason;

(5) The person conducting the home occupation no longer resides on the premises; and

(6) Violation of a condition of the permit.

F. Application. Each application for a home occupation permit shall be:

(1) On a form provided by the building and zoning office which has first been approved by the Town Board;

(2) Accompanied by a complete site plan, drawn to scale, showing the location of all buildings or structures on the premises and the area where the proposed home occupation will be conducted; and

(3) Accompanied by an application fee in the amount established by the Mendon Town Board.

§ 260-36 Hotels or motels.

The following conditions and criteria must be met for hotels or motels:

A. Each unit shall contain not less than 240 square feet of floor area.

B. No guest shall establish residence at a motel for more than 30 consecutive days within any calendar year.

C. An accessory use customarily related to a hotel or motel, such as a restaurant, dry-cleaning store, beauty shop or barbershop, may be permitted, provided that such accessory use shall be located entirely within the building to which it is accessory and does not have a direct outside entrance for customers.

D. Recreation facilities may be provided for any specially permitted hotel or motel.

§ 260-37 Kennels.

The following conditions and criteria must be met for kennels:

A. Any premises on which four or more dogs, three months old or older, are kept, bred and/or harbored requires a special use permit.

B. The keeping, breeding and/or harboring of more than eight dogs, three months old or older, is not allowed.

C. All the dogs shall be owned by the resident owner of the property at which the kennel is located.

D. The minimum lot area for such uses shall be three acres.

E. Shelters for animals within kennels shall not be closer than 100 feet to any street or property line.

F. No outdoor area enclosed by fences, including electronic fences, for the use of animals shall be permitted within a front yard. Fenced areas shall be set back not less than 50 feet from any side or rear property line.

G. Adequate provisions shall be made for disposing of animal waste.

H. Noise and odors shall not become a nuisance to adjacent property owners.

§ 260-38 Motorized off-road vehicle tracks.

These regulations shall apply to all types of racing, practice or pleasure areas used or which may be used by a motorcycle, quad-runner, go-cart, stock car, modified, snowmobile or any other type of racing or pleasure motorized vehicle.

A. A track may only be located on property which has an established primary residential use and which has a minimum of 20 acres.

B. A track must be clearly incidental to the primary use of the property.

C. Only one track may be established per parcel.

D. Only the person or persons residing on the property where a track is located may utilize said track.

E. Duration of track operation shall not exceed more than four hours between 10:00 a.m. and 7:00 p.m. in any twenty-four-hour period. Track operation duration will be measured from the time the first motorized vehicle starts to operate and is independent from actual vehicle operation.

F. No portion of any track shall be closer than 300 feet to any property line or road right-of-way.

§ 260-39 Motor vehicle sales.

The sale of new and used vehicles may be carried on in an enclosed building or in an unenclosed area, provided that:

A. Such unenclosed area is on the same or an adjacent lot to a fully enclosed building having a building area of not less than 5,000 square feet devoted to the sales and service of vehicles. If the enclosed area is on an adjacent lot, the lot shall be not more than 200 feet from the lot with the building and shall be in the same ownership as said building and be used for no other purpose.

B. Such unenclosed area shall be paved, shall be suitably drained and shall be maintained in a neat and orderly manner.

C. Any exterior illumination shall be approved by the issuing board and shall meet the requirements of this chapter.

D. Suitable landscaping and/or fencing of such unenclosed area shall be required and approved by the issuing board.

E. As used herein, the sale of new vehicles shall be deemed to mean only the sale of such vehicles under a franchise granted to the person, firm or corporation conducting such business by a vehicle manufacturer. Used vehicles shall be sold only in connection with the sale of new automobiles.

§ 260-40 Motor vehicle service stations and auto repair shops.

The following conditions and criteria must be met for motor vehicle service stations and auto repair shops:

A. The site plan submitted shall show the location and number of fuel tanks to be installed, the dimensions and capacity of each storage tank, the depth the tanks will be placed below the ground and the number and location of fuel pumps to be installed.

B. All tank installations shall conform to all state and/or federal regulatory standards.

C. The proposed uses shall be screened from adjacent uses by a buffer area not less than 10 feet in depth composed of densely planted evergreen shrubbery, solid fencing or a combination of both which, in the opinion of the issuing board, will be adequate to prevent the transmission of headlight glare across the boundary line at all times of the year. The Planning Board shall determine on an individual-case basis how close to the right-of-way the landscaped buffer shall be required to be installed. Such buffer screen shall have a minimum height of six feet above ground. If said screening becomes decayed and fails to provide an adequate screen, the CEO shall direct the property owner to replace said screening.

D. The entire area of the site traveled by motor vehicles shall be hard-surfaced and dust-free.

E. All repairs of motor vehicles, except for minor servicing, shall be performed in a fully enclosed building. No motor vehicle parts or partially dismantled motor vehicles shall be stored outside of an enclosed building.

F. Motor vehicle service stations may include facilities for the sale of food, household items and convenience merchandise, provided that the sale of such items takes place entirely within an enclosed building.

G. No commercial parking shall be allowed on the premises of a motor vehicle service station or auto repair shop.

H. 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.

I. No building or structure, including gasoline pumps or automotive service appliances, shall be erected within 40 feet of any street line.

J. No motor vehicle service station or auto repair shop may display more than four unregistered vehicles for sale or repair outside of an enclosed building at any one time.

K. No motor vehicle service station or auto repair shop shall have more than two driveways on any public street fronting the site. The driveway width on any street shall not exceed 1/3 of the total site frontage on each street.

L. No motor vehicle service station or auto repair shop and no driveway to any such use shall be established within 200 feet of the boundary line of any residential district or of any school, church, park, playground, public library or any place of public assembly designed for the simultaneous use of 100 persons or more, regardless of the district where the subject premises are located. For the purposes of this subsection, the distance shall be measured along the street line on the side of the street where such use is proposed or such driveway would cross.

§ 260-41 Nonprofit membership corporations.

The following conditions and criteria must be met for nonprofit membership corporations established to own and operate outdoor recreational or athletic facilities:

A. The minimum size lot shall be 20 acres for any such use other than golf courses or country clubs.

B. The proposed use shall have a contiguous buffer area surrounding the portion of the site proposed to be used for outdoor recreational or athletic purposes equal to twice the area to be occupied by the permitted use. Said contiguous buffer area shall be designed to reduce the exposure of noise, glare, unsightliness and any other potentially objectionable site feature(s) related to the proposed use from abutting properties.

C. The buffer area shall include landscaping and/or berms to visually and physically separate the permitted outdoor recreational or athletic use from any adjacent residential site.

D. The area of the site to be occupied by the permitted outdoor recreational use shall be determined by the issuing board and shall include, but not be limited to:

(1) Buildings and parking facilities.

(2) Site utilities.

(3) Playing fields, courts and spectator viewing areas.

(4) Accessory structures, including pools, ponds used for swimming, walkways, sidewalks and other improved areas which are used in conjunction with the permitted outdoor recreational or athletic use.

E. No site illumination shall be allowed to trespass onto adjacent properties or to cause glare onto any public right-of-way.

F. Landscaping and site plantings shall be provided which reduce to the greatest extent possible the noise levels generated from the outdoor recreational or athletic use onto adjacent residential sites.

G. Site drainage facilities shall not be included in the area to be occupied by the permitted outdoor recreational or athletic use.

§ 260-42 Nursery or day-care centers.

The following conditions and criteria must be met for nursery or day-care centers:

A. Proof shall be furnished to the issuing board that all other governmental approvals have been obtained by the applicant to operate a nursery or day-care use.

B. On-site recreational facilities shall be provided and maintained for the exclusive use of the nursery or day-care center. Such area shall be physically separate from on-site parking areas or driveways and screened from adjacent properties.

§ 260-43 Permanent farm markets.

Permanent structures for the display and sale of agricultural and nursery products are subject to the following provisions:

A. One structure shall be devoted to sale of produce. Said structure shall not exceed 2,400 square feet of floor area.

[Amended 10-15-2018 by L.L. No. 3-2018]

B. Such structures shall conform to the minimum setback requirements for accessory buildings.

§ 260-44 Personal wireless communications facilities.

The following conditions and criteria must be met for personal wireless communications facilities:

A. Approvals required for personal wireless communications facilities.

(1) Telecommunications facilities comprised of collocated antennas (and accessory structures) may be permitted on an existing tower or structure, upon the issuance of site plan approval by the Planning Board. Where collocation exists, the period of special use permit approval for the collocated antenna shall be five years or the authorized franchise period remaining on the license issued by the Federal Communications Commission (FCC) for the original personal wireless communications provider, whichever is the lesser.

(2) Communications facilities requiring construction of a new tower shall require the following permits and/or approvals:

(a) On municipal-owned property, a tower shall be permitted upon site plan approval from the Planning Board in accordance with the provisions of Article VIII and the criteria contained elsewhere in this section governing the placement of personal wireless communications towers and facilities; or

(b) On privately owned land, both a special use permit and site plan approval are required.

B. The minimum lot size for the placement of a tower shall be four acres of land, which may be rented, leased or owned by the provider and which is, further, located on a parcel of land where no other specially permitted use (or a previously issued special use permit) exists.

[Amended 10-15-2018 by L.L. No. 3-2018]

C. Not more than one tower shall be permitted on any parcel of land.

D. The minimum setback for each tower from any property line shall be the height of the tower to be erected plus 20 feet.

E. No tower shall exceed 150 feet in height above finished grade without evidence that an additional tower located within the cell area defined by the provider will not provide adequate coverage to at least 90% of the population within said cell area.

F. No tower shall be erected within a federal- or state-designated freshwater wetland or within any protected buffer area thereto, within a federal-designated area of special flood hazard, on a slope greater than 15% or on a site which has been determined to possess important scenic vistas.

G. Any cutting of live trees which exceed four inches in diameter, measured at a height of four feet above ground, to provide for the placement of a tower shall first be approved by the Planning Board, in consultation with the Environmental Conservation Board, as part of any preliminary site plan application. Clear-cutting of trees beyond what is deemed necessary by the Planning Board to install and maintain the tower shall be prohibited.

H. The tower shall be designed to withstand a sustained wind of 70 miles per hour with a one-half-inch ice load.

I. A minimum radius of 2,000 feet shall be maintained between any proposed tower and any existing tower, whether located in the Town or in an adjacent municipality.

J. All towers and associated structures shall be enclosed by a fence not less than eight feet in height above ground level. The fence shall contain adequate security measures along the top of the fence to deter site vandalism.

K. No tower shall contain any signage except that identifying a health, safety or general welfare message, including but not limited to the owner of the tower, an emergency telephone number and tower site identification (i.e., tower number) and address.

L. No tower or accessory structure shall be illuminated unless required by the Federal Aviation Administration (FAA) or elsewhere that Mercy Flight Central deems it to be appropriate to identify tower locations for maintaining the safety of air ambulance flights within the Town. Where Mercy Flight Central deems lighting to be warranted, one L810 double-obstruction light shall be provided.

M. The tower, all attachments, antennas and accessory equipment and structures shall either be a galvanized finish or painted gray above the surrounding tree line and designed to blend into the natural surroundings below the surrounding tree line unless other colors are mandated by the FAA for the tower.

N. All tower guys shall be designed to provide ice shattering to prevent damage to guy cable terminus.

O. Each personal wireless communications facility base and accessory structure(s) shall be adequately screened from any adjacent public right-of-way. To accomplish this screening, at least one row of native evergreen shrubs or other screening acceptable to the Planning Board which is capable of forming a continuous hedge at least 10 feet in height within two years of planting shall be required and maintained. This minimum screening requirement may be waived if the Planning Board determines that some other suitable screening already exists.

P. All utility connections shall, to the greatest extent practical, be buried. This requirement may be waived, in whole or in part, by the Planning Board if, in its opinion, such underground facilities would be impractical due to natural conditions.

Q. The applicant shall comply with FCC regulations. Unless preempted by federal or state law, personal wireless telecommunications facilities shall be inspected annually, by a licensed professional engineer, at the applicant's expense, for radio emissions. A copy of the inspection report shall be filed with the Town. Any determinations by the FCC that radio emissions exceed permitted FCC standards shall immediately terminate the special use permit.

R. Unless specified elsewhere in this chapter, a special use permit for the erection and maintenance of a tower shall be for a maximum of two years. Such special use permit shall be considered for renewal based upon the terms and conditions imposed with the original permit. Where compliance has been shown, the Planning Board may issue a special use permit for an additional two-year period.

S. If a tower or accessory structure becomes obsolete or not used for a period of 90 days for the purpose specified in the original approval, the tower or accessory structure shall be dismantled and removed from the site at the owner's expense within 30 days of receipt of written notice from the CEO and based upon the Planning Board declaration to the effect specified herein. All special use permits and site plan approvals shall expire as of the date of abandonment of the facility. The applicant and/or the property owner shall be required to restore the site to the condition then existing on the approval date of the initial special use permit, absent grading and landscaping required above.

T. The applicant shall provide the Town with an automatically renewing security bond which shall be in an amount adequate to guarantee that the tower and related site facilities are built, maintained and can be removed in accordance with the conditions imposed by the Town in the special use permit. Said security bond shall be in a form and of a sufficient amount which is subject to approval of the Town Attorney and Town Supervisor. Said amount shall be established upon consultation with the Town Engineer.

U. All facilities shall have a backup source of power suitable for sustaining uninterrupted service to the public during periods of power outages. The Planning Board shall, as a condition of site plan approval, require either a power generator or battery pack source of energy capable of sustaining 24 hours of uninterrupted service.

V. All facilities shall allow local public safety agencies, including but not limited to the Town Highway Department, the right to collocate their emergency communications facilities at no charge to the public safety provider, provided that the equipment and antennas to be erected on the tower do not interfere with the existing equipment or overload the design for the tower.

W. Each tower constructed shall be designed to accommodate up to three communications providers, excluding local public safety agencies, which may be collocated on the tower.

X. Access to towers and facilities shall be obtained from a public right-of-way.

Y. Accessory equipment may be located within an existing building, in a newly constructed building limited to 400 square feet in gross floor area or within freestanding panels which are located within a secured fenced area not exceeding 600 square feet on the site near the base of the tower. Where collocation occurs, each separate provider shall be entitled to one four-hundred-square-foot building or up to 600 square feet of land area upon which to place its accessory facilities.

Z. Each application for a special use permit or site plan approval for a personal wireless communications facility shall be accompanied by a plan which shall reference all existing personal wireless telecommunications facilities that are either located within the Town or whose cell area extends into the Town. Included in the plan shall be:

(1) A report from a licensed professional engineer shall be submitted, which shall:

[Amended 10-15-2018 by L.L. No. 3-2018]

(a) Describe the need for the facilities on the proposed site in the Town, the tower and facilities designs and the intended use.

(b) Describe the appropriateness of the proposed site, including factors such as the following:

[1] Availability of alternative, less-intrusive sites or opportunities for collocation by others.

[2] Physical site features and general neighborhood character, present and future use of the site and the density of development within 2,000 feet of the site.

[3] Distance from existing and planned residential structures and public rights-of-way.

[4] Suitability and adaptability of the site for the proposed structure, considering, for example, site topography, natural buffers, screening and security fencing.

[5] Size of the site chosen for the proposed facility, keeping in mind a parcel with an unoccupied area of sufficient size to accommodate all portions of a toppled tower.

[6] Noise, glare, vibration, electrical disturbance or other objectionable consequences of the proposed installation and operation of the facility.

[7] Identify the geographic coordinates of the proposed tower as further defined on the applicant's FCC license application using either North American Datum (NAD-27 or NAD-83), and clearly state in the application and on the site plan which datum is being used.

[8] Demonstrate that the proposed tower design is structurally sound.

[9] Demonstrate how many and what kind of antennas are proposed and how many and what kinds of additional facilities are possible to be collocated on the tower and site.

[10] Demonstrate that the site can contain substantially all ice-fall or debris from tower failure.

[11] Include a copy of the applicant's FCC construction permit, including any requirements from the FAA.

[12] A copy of the certificate of need issued by the Public Service Commission.

[13] A letter of intent committing the tower owner to negotiate in good faith for shared use by third parties in the future. This letter, which shall be filed with the Town prior to the issuance of a special use permit, shall commit the tower owner and successors in interest to:

[a] Respond in a timely manner to a request for information from a potential collocator.

[b] Negotiate in good faith for shared use by third parties.

[c] Allow shared use if an applicant agrees, in writing, to pay reasonable charges.

[d] Make no more than a reasonable charge for shared use, based upon generally acceptable standards.

(2) A complete environmental assessment and visual summary, which includes:

(a) How the facilities can be blended with the viewshed, including any attempts at camouflage.

(b) Computer-enhanced photo simulations of the site of the proposed tower, both before and after construction, from all adjacent public rights-of-way.

AA. All building permits for the erection and maintenance of a personal wireless telecommunications facility must be obtained within six months of the date of approval of a special use permit, and construction must be completed within 12 months of such approval. The special use permit shall expire in the event that either of these conditions have not occurred within the time periods specified herein.

BB. Structural inspection. Unless otherwise preempted by federal or state law, personal wireless telecommunications facilities shall be inspected annually at the owner's expense for structural integrity by a licensed professional engineer registered in New York State. The structural inspection report shall describe the structural integrity of the facility, maintenance issues and repairs needed or made. This report shall be filed with the CEO within 12 months of construction of the facilities and each year thereafter. In the event that the structural inspection indicates structural deficiencies, then the deficiencies must be remedied within the time set by the CEO.

CC. The following communications towers are exempted from the provisions of this section:

(1) Satellite dish antennas as regulated elsewhere in the Code.

(2) Conventional television and radio antennas when used exclusively for private benefit and involving a structure with a height less than 15 feet above existing grade or, if attached to a structure, 35 feet above existing grade.

(3) New uses which are accessory to residential uses, so long as the height of any such use does not exceed 30 feet.

(4) Approved uses existing prior to the effective date of these regulations.

§ 260-45 Public and semipublic uses and buildings.

The applicant for a special use permit for public and semipublic uses and buildings shall provide the issuing board with evidence of approval, certificate of need, license or other similar document required to initiate or expand such a use from any and all appropriate regulating agencies.

§ 260-46 Rental of automobiles, trucks, trailers and recreational vehicles.

The following conditions and criteria must be met for rental of automobiles, trucks, trailers and recreational vehicles:

A. A site plan must be approved showing the location on the property for buildings, open storage of vehicles, customer parking areas and areas devoted to the on-site servicing of the rental vehicles.

B. There shall be no outside storage of any related customer equipment, materials or vehicles.

C. All repairs and service (including vehicle washing) shall be within an enclosed building, except for gasoline dispensing.

D. All gasoline sales shall be restricted to vehicles rented. There shall be no sale of gasoline or oil products to the general public.

E. All open storage of rental vehicles shall be in either the side or rear yard of the site. All open storage areas shall also be screened from any adjacent noncommercial site.

F. Any rental vehicle may be offered for sale to the public at any time. However, in no event shall the sale of trucks, trailers or recreational vehicles be allowed to become the principal use of the site without first obtaining a permit and site plan approval for the sale, lease or rental of vehicles.

§ 260-47 Residential conversions.

Residential conversions involve the conversion of an existing structure for occupancy by two or more families living as separate and independent housekeeping units in the RS-30 Residential Suburban District.

A. Any building proposed to be converted to create additional living units shall have not less than 2,000 square feet of gross floor area.

B. No more than four living units shall be created by conversion within any individual structure.

C. The minimum habitable floor area for living units shall be:

(1) For efficiency units: 450 square feet.

(2) For one-bedroom units: 550 square feet.

(3) For two-bedroom units: 800 square feet.

(4) For three-bedroom units: 900 square feet.

D. Any parcel of land with an existing single-family dwelling proposed to be converted to create additional dwelling units shall have an area of not less than 1 1/2 acres.

§ 260-48 Restaurants.

The following conditions and criteria must be met for restaurants:

A. The applicant shall submit a written statement setting forth the details of the operation of the proposed use.

B. The location of all on-site refuse containers shall be identified and maintained. All refuse containers shall be enclosed and effectively screened from adjacent properties.

C. Any outdoor eating area shall be maintained, landscaped and physically separated from any off-street parking area or driveway. In no event shall outdoor eating be allowed unless the site has a paved, dust-free parking surface.

§ 260-49 Solar farms.

[Added 5-8-2017 by L.L. No. 1-2017]

The following conditions and criteria must be met for solar farms:

A. The minimum lot size for the placement of a solar farm shall be 20 acres of land, which may be rented, leased or owned by the provider, and which is further located on a parcel of land where no other specially permitted use (or a previously issued special use permit) exists.

[Amended 10-15-2018 by L.L. No. 3-2018]

B. Not more than one solar farm shall be permitted on any parcel of land.

C. The minimum setback for each solar farm from any property line shall be 200 feet.

D. No solar farm shall exceed 16 feet in height above finished grade.

E. No solar farm shall be erected within a federal- or state -designated freshwater wetland or within any protected buffer area thereto, within a federal-designated area of special flood hazard, on a slope greater than 15% or on a site which has been determined to possess important scenic vistas.

F. Any cutting of live trees which exceed four inches in diameter, measured at a height of four feet above ground, to provide for the placement of a solar farm shall first be approved by the Planning Board, in consultation with the Environmental Conservation Board, as part of any preliminary site plan application. Clear-cutting of trees beyond what is deemed necessary by the Planning Board to install and maintain the solar farm shall be prohibited.

G. A minimum radius of 2,000 feet shall be maintained between any proposed solar farm and any existing solar farm, whether located in the Town or in any adjacent municipality.

H. All solar farms shall be enclosed by a fence not less than eight feet in height above ground level. The fence shall contain adequate security measures along the top of the fence to deter site vandalism.

I. No solar farm shall contain any signage except that identifying a health, safety or general welfare message, including but not limited to the owner of the solar farm, an emergency telephone number and solar farm site identification (i.e., solar farm number) and address.

J. Each solar farm and accessory structure(s) shall be adequately screened from any adjacent property and public right-of-way. To accomplish this screening, at least one row of native evergreen shrubs or other screening acceptable to the Planning Board which is capable of forming a continuous hedge at least 16 feet in height within two years of planting shall be required and maintained. This minimum screening requirement may be waived if the Planning Board determines that some other suitable screening already exists.

K. All utility connections shall, to the greatest extent practical, be buried. This requirement may be waived, in whole or in part, by the Planning Board, if, in its opinion, such underground facilities would be impractical due to natural conditions.

L. If a solar farm becomes obsolete, or not used for a period of 90 days for the purpose specified in the original approval, the solar farm shall be dismantled and removed from the site at the owner's expense within 30 days of receipt of written notice from the CEO and based upon the Planning Board declaration to the effect specified herein. All special use permits and site plan approvals shall expire as of the date of abandonment of the facility. The applicant and/or the property owner shall be required to restore the site to the condition then existing on the approval date of the initial special use permit, absent grading and landscaping required above.

M. The applicant shall provide the Town with an automatically renewing security bond which shall be in an amount adequate to guarantee that the solar farm and related site facilities are built, maintained and can be removed in accordance with the conditions imposed by the Town in the special use permit. Said security bond shall be in a form and of a sufficient amount which is subject to approval of the Town Attorney and Town Supervisor. Said amount shall be established upon consultation with the Town Engineer.

N. Access to the solar farm and facilities shall be obtained from a public right-of-way.

O. Each application for a special use permit and site plan approval for a solar farm facility shall be accompanied by a plan which shall reference all existing solar farm facilities that are either located within the Town or whose area extends into the Town. Include in the plan shall be:

(1) A report from a licensed professional engineer specializing in solar farms shall be submitted, which shall:

(a) Describe the need for the facilities on the proposed site in the Town, the solar farm and facilities designs and the intended use.

(b) Describe the appropriateness of the proposed site, including factors such as the following:

[1] Availability of alternative, less-intrusive sites.

[2] Physical site features and general neighborhood character, present and future use of the site and the density of development within 2,000 feet of the site.

[3] Distance from existing and planned residential structures and public rights-of-way.

[4] Suitability and adaptability of the site for the proposed structure, considering, for example, site topography, natural buffers, screening and security fencing.

[5] Noise, glare, vibration, electrical disturbance or other objectionable consequences of the proposed installation and operation of the facility.

(2) A complete environmental assessment and visual summary which includes:

(a) How the facilities can be blended with the viewshed, including any attempts at camouflage.

(b) Computer-enhanced photo simulations of the site of the proposed solar farm, both before and after construction, from all adjacent public rights-of-way.

P. All building permits for the erection and maintenance of a solar farm facility must be obtained within six months of the date of approval of a special use permit, and construction must be completed within 12 months of such approval. The special use permit shall expire in the event that either of these conditions have not occurred within the time periods specified herein.

§ 260-50 Special for-profit entertainment uses and events.

The following conditions and criteria must be met for special for-profit entertainment uses and events:

A. Such event shall take place on a site of not less than 50 acres, which shall be suited for such an event and which shall be buffered and separated from any adjacent uses. It is contemplated that such uses are not appropriate in the EPOD areas.[1]

[1] Editor's Note: See Ch. 138, Environmental Protection Overlay Districts.

B. Separate permits shall be required for each special event. A separate permit is required for any special event which is separated by more than 48 hours from a previous special event for which a permit had been granted.

C. Any permit may be revoked by the permit-issuing official if, after a public hearing and notice to the permittee, he or she finds that the special event for which the permit was issued is maintained, operated or occupied in violation of law. A permit may be revoked upon request of the permittee or upon abandonment of the operation.

D. The applicant shall present conceptual site plans and a preliminary special use permit application to the Planning Board which includes the following, in addition to the requirements of § 260-25:

(1) Disclosure of owners, managers and proof of permission of the landowner for operation of the event.

(2) Content of program, including days, time and hours of operation.

(3) A statement from local fire and ambulance authorities having jurisdiction over the area verifying that the facilities available to such entertainment use are suitable to provide adequate safety and that they are aware of the event and are willing to cooperate, if needed.

(4) A detailed plan shall be submitted for emergency situations, including:

(a) Food supplies.

(b) Medical supplies, facilities and personnel.

(c) An evacuation plan.

(d) Emergency access roads.

(5) Detailed plans for internal storage and collection of refuse, including provisions for the disposal and cleaning of property and immediate surrounding properties within 48 hours of the event.

(6) Detailed plans for food service, including a description of food sources, menu, mandatory use of single-service dishes and utensils, refrigeration and food handling and dispensing, according to Monroe County Department of Public Health standards.

(7) Detailed plans of any overnight accommodations.

(8) Detailed plans of any animal accommodations, including proper feeding, disposal of waste, security, fencing and care of such animals.

(9) If alcoholic beverages will be served, evidence of liquor license, security provisions and proper insurance coverage.

(10) Detailed plans for security enforcement, including prevention of the unlawful use of alcohol, narcotics and dangerous drugs at the site, and methods for limiting the use of the proposed function to the number of participants for which the facilities are designed and external as well as internal crowd control, including proof of sufficient security for crowd control and security enforcement.

(11) Detailed plans for amplifying equipment designed to control the noise level at the perimeter of the site to no more than 75 decibels on the A-scale of a sound-level meter which meets the specifications of the American National Standards Institute.

E. All structures, except for those specifically exempted, shall be removed from the premises within 30 days of the discontinuance of such use. A bond or letter of credit for restoration of the site may be required as a condition of approval.

F. Liability and property damage insurance. No permit shall be issued unless the applicant shall furnish the Town with a comprehensive liability insurance policy insuring the Town against liability for damage to person or property with limits of not less than what the Town carries for bodily injury or death and the same coverage as the Town carries for property damage, to hold the Town harmless from any and all liability or cause of action which might arise by reason of the granting of the permit, which policy shall not be cancelable without 10 days' prior written notice to the Town and which shall be in effect during the entire period of said event. Failure to keep such policy in effect will result in automatic revocation of the permit without hearing.

G. Proof of financial resources. The applicant shall submit a statement of financial resources prepared by a certified public accountant, showing finances sufficient to execute the plans as submitted.

§ 260-51 Stables or riding academies.

The following conditions and criteria must be met for stables or riding academies:

A. The special permitted use may include any of the following:

(1) Storage of registered horse trailers used for the transporting of horses and accessory to the principal use.

(2) Sale or rental of horses for use by the public by the hour, day, month or year.

(3) Rides on horses by the public.

(4) Rental of horse vans.

(5) Riding lessons to the public.

(6) Sale of horse supplies and/or equipment.

B. The land devoted to this use shall not be less than 10 contiguous acres.

C. One principal single-family dwelling must be located on the land devoted to this use, provided that it complies with the requirements of this chapter. The land area on which the principal single-family dwelling is located (minimum lot size of RA-2 District) shall not be considered as part of the land devoted to this use as set forth in Subsection B above.

D. The number of horses that may be boarded and/or trained at such property shall meet the requirements of § 260-8N.

E. A stable shall be located as specified in § 260-8N. The storage of manure shall be located as specified in § 260-8I. The Planning Board may require manure storage areas to be screened and/or buffered from adjacent areas.

F. Any riding ring shall be at least 50 feet from any boundary line.

G. Structures on the land devoted to this use (not including the principal dwelling) shall not, in the aggregate, cover more than 5% of the area of the land devoted to this use.

H. Exterior lighting shall be so installed and arranged as to reflect light away from the adjoining streets and prevent any nuisance to adjoining property and shall be turned off at the end of daily operations or 11:00 p.m., whichever is earlier.[1]

[1] Editor's Note: Original Subsection (i), regulating exterior loudspeakers, which immediately followed this subsection, was repealed 10-15-2018 by L.L. No. 3-2018.

§ 260-52 Bed-and-breakfast establishments.

[Amended 12-13-2021 by L.L. No. 3-2021; 6-12-2023 by L.L. No. 2-2023]

Bed-and-Breakfast establishments, usually resulting in the conversion or change in use of a single-family dwelling, are subject to compliance with the conditions outlined in this chapter and the New York State Fire Prevention and Uniform Building Codes. Before issuance of a special use permit, the following criteria must be met for bed-and-breakfast establishments:

A. The building proposed for occupancy as a bed-and-breakfast shall contain no more than three lodging rooms for hire, accommodating a maximum of six transient lodgers, as defined by the capacity of wastewater disposal system(s) and potable water supply.

B. The bed-and-breakfast shall be hosted by the owner or a designated full-time host, residing on the premises. "Hosted" is defined as the on-site presence of the owner at the property during the duration of the rental period. Unhosted bed-and-breakfasts are prohibited.

C. No bed-and-breakfast use shall be established on a lot that is within 500 feet of another lot measured along the same street frontage on which there is an existing bed-and-breakfast establishment.

D. The exterior of the building and surrounding grounds shall be maintained consistent with the character of the area.

E. All parking shall be located outside of the highway right-of-way, with a minimum of one space per bedroom.

F. Use/occupancy of the premises (including the lands on which the building sits) as a bed-and-breakfast shall be limited to those persons occupying the lodging rooms for hire. Additional invitees/guests of the persons occupying the lodging rooms for hire shall not be permitted.

§ 260-53 Townhouse clusters and developments.

A. In addition to the dimensional requirements set forth in Article XVII, the following site design standards shall be applicable to all townhouse dwelling unit developments:

(1) The minimum tract area for townhouse development shall be not less than three acres.

(2) Overall site density shall not exceed five dwelling units per gross acre.

(3) Individual dwelling unit lot size.

(a) The minimum lot area for each townhouse dwelling unit shall be 3,500 square feet.

(b) The minimum lot width at the main building line shall be 25 feet.

(c) The minimum lot depth shall be 140 feet.

B. Each townhouse dwelling unit shall be located, constructed and served by public facilities and services and utilities in such fashion that each dwelling unit may be sold individually.

C. Natural features, including streams, drainageways and existing trees, shall be preserved and incorporated in the landscaping of the development.

D. All utility lines which provide electric, gas, telephone, television or other similar services shall be installed underground. Surface-mounted equipment shall be located in a manner so as to minimize potential conflict with other uses and activities.

E. Plans submitted for townhouse developments shall identify areas proposed for dedication to the Town, areas to be held in common ownership and property to be owned by individuals.

F. Common property shall, except when accepted by the Town Board for dedication, be privately owned. Where property is to remain in common ownership, the developer shall provide for and establish an organization for the ownership and maintenance of such common property. Rules and regulations proposed to govern the operation and maintenance of all common property shall be submitted for review and approval by the Town Board. Common property shall not be changed from its status or use as common property without specific authorization of the Town Board. In reviewing proposals for the establishment of organizations to govern the ownership and maintenance of any common property, the Town Board shall consider and determine the adequacy of:

(1) The timetable for the creation of the organization.

(2) The requirements for membership in the organization by residents.

(3) The safeguards to ensure the continuance of the common property as common property.

(4) The liability of the organization for insurance, taxes and maintenance of all facilities.

(5) The provision for pro rata sharing of costs and assessments.

(6) The financial capacity of the organization to maintain and administer common facilities.

(7) The proposed relationship between the developer and the organization and the plan to turn over the responsibility for the maintenance and administration of common facilities to the organization.

G. Building standards.

(1) No more than eight townhouse dwelling units shall be included in a single dwelling building.

(2) No building shall exceed a maximum length of 240 feet on any exterior facade.

(3) Townhouse dwelling buildings shall be related to one another in design, building mass, materials and placement to provide a visually and physically integrated development.

(4) The treatment of the sides and rear facades of all buildings in a development shall be comparable in amenity and appearance to the treatment of any building facade which faces a public street and complementary in architectural design to adjacent residential structures.

(5) Building walls shall be oriented so as to ensure adequate exposure of light and air to each dwelling unit and to the rooms within.

(6) Buildings shall be arranged so as to preserve visual and audible privacy between each townhouse dwelling unit and adjacent townhouse buildings.

(7) Building entranceways of adjacent dwelling units in the same structure shall be designed to ensure the privacy of occupants. This may be accomplished by varying the setbacks of entranceways or by providing screening or landscaped plantings, as appropriate.

(8) Building entranceways shall be provided with appropriate illumination for the convenience and safety of residents. Such lighting shall be shielded to avoid glare disturbing other properties.

(9) All townhouse dwelling units shall include ground-floor living space. The location of an enclosed garage shall not qualify as meeting this requirement.

H. Townhouse parking standards.

(1) The requirements for off-street parking may be met by providing parking spaces in an enclosed garage plus any combination of spaces on private driveways and/or in a common parking lot.

(2) No common off-street parking lot or outdoor storage area shall be located closer than 25 feet to any adjacent property.

(3) All off-street parking areas shall be privately owned and maintained.

(4) Common off-street parking facilities shall be landscaped and screened from public view to the extent necessary to eliminate unsightliness and the monotony of parked cars.

(5) Common off-street parking areas shall be designed with careful regard to orderly arrangement, topography, landscaping, and ease of access and shall be developed as an integral part of the overall site plan.

(6) Common off-street parking areas shall be provided with suitable lighting for the convenience and security of residents, but positioned and shielded to minimize glare and potential inconvenience to residents of the townhouse cluster or development and adjacent properties.

I. Landscape site design standards.

(1) Landscaping shall be provided along and adjacent to all streets, common driveway areas and common off-street parking areas. Landscaping treatments shall be designed, coordinated and installed in accordance with the site plan approved.

(2) Landscape treatment shall consist of shrubs, ground cover and street trees and shall be designed and installed to provide an attractive development pattern. Landscape materials selected should be appropriate to the growing conditions of the local environment.

(3) Whenever possible, existing trees shall be conserved and integrated into the landscape design plan.

(4) All landscaping, except for trees, shrubs and grasses, either existing or to be installed within the public right-of-way, shall be privately owned and maintained.

J. Site circulation system design standards.

(1) An adequate, safe and convenient circulation system shall be provided.

(2) The arrangement of streets and common parking areas shall be designed as integral parts of an overall site plan. These features shall be properly related to existing and proposed buildings and appropriately landscaped.

K. Miscellaneous townhouse regulations.

(1) No home occupations and no business activities of any type shall be permitted within a townhouse cluster or development.

(2) All fencing of common areas shall be shown on the site plan approved by the Planning Board.

(3) Individual owners may erect privacy fences to enclose outdoor areas of individual dwelling units. Such fences may be up to six feet above ground level, provided that such fencing is located not less than 15 feet from a public street, common off-street parking or storage area or vehicular accessway thereto. Fencing which is closer than 15 feet to a public street or common off-street parking or storage area or vehicular accessway thereto shall not exceed three feet above ground level.

(4) No individual property owner shall erect or place an accessory building or structure on the premises.

(5) The storage of any unregistered vehicles or other similar equipment out-of-doors overnight shall be prohibited.

L. Special accessory uses. The following special accessory uses may be established for the common and exclusive use of owners of townhouse residences and their guests. Such special accessory uses shall be operated on a not-for-profit basis and subject to the approval of the Planning Board:

(1) Recreational facilities such as open or enclosed tennis courts, exercise facilities, picnic areas, gazebos or swimming pools as regulated herein.

(2) One structure to house maintenance shops and vehicles to be used exclusively for the maintenance and management of the townhouse development.

(3) Common space for the exclusive use and convenience of residents of the townhouse cluster or development and their guests to park vehicles. Such common space shall be adequately landscaped and buffered so as to screen the site from adjacent areas and uses.

§ 260-54 Truck and freight terminals.

The following conditions and criteria must be met for truck and freight terminals:

A. The minimum lot area shall be two acres.

B. A minimum area of 700 square feet of storage (or maneuvering) space shall be required for each tractor -trailer on the site. A minimum of 400 square feet of storage (or maneuvering) space shall be required for each truck on the site.

C. A site plan shall be approved showing the location on the property for buildings, loading areas and docks, vehicle servicing, open storage of vehicles and customer parking areas.

D. There shall be no on-site open storage of materials.

E. All repairs and service (including vehicle washing) shall be conducted within an enclosed building, except for gasoline dispensing units.

F. Fuel sales shall be restricted to vehicles used solely in conjunction with the truck terminal. There shall be no sale of gasoline or oil products to the general public.

G. All open storage of vehicles shall be located either in the side or rear yard of the site. Open storage areas shall be screened from any adjacent noncommercial site.

H. Vehicles may be offered for sale to the public. In no event, however, shall the sale of trucks or trailers be allowed to become the principal use of the site without first obtaining site plan approval for the sale, lease or rental of vehicles as otherwise required.

§ 260-55 Two-family dwelling units.

The following conditions and criteria must be met for two-family dwelling units:

A. At least one of the dwelling units must be occupied by the owner of the property.

B. The minimum lot size, width and setback requirements for a two-family dwelling unit shall conform to the standards set forth in Article XVII.

C. Each dwelling unit within a two-family structure shall meet the minimum living area requirements established for single-family dwellings.

D. Each dwelling unit shall be served with separate utility meters, shutoff valves and waste disposal facilities.

E. Each dwelling unit shall have a shared driveway to a public street. In addition, each driveway shall have an improved asphalt or dust-free surface.

F. Each two-family dwelling structure shall have not less than two off-street parking spaces for each dwelling unit, which shall be in addition to a separate garage for each dwelling unit. These parking spaces may be designed as part of the driveway and turnaround area.

G. No site preparation or construction shall commence until final site plan approval has been granted and permits issued by all governmental agencies involved.

§ 260-56 Vehicle wash establishments.

The following conditions and criteria must be met for vehicle wash establishments:

A. The vehicle washing facility and customary uses or operations associated with the facility shall not be located closer than 500 feet to a residential district.

B. All vehicle wash operations shall be so soundproofed, the entire development shall be so arranged and the operations shall be so conducted that the noise emanating therefrom, as measured from any point on the adjacent property, shall be no more audible than the noise emanating from the ordinary street traffic and from other commercial or industrial uses measured at the same point on said adjacent property.

C. Vacuuming facilities may be provided outside of the building but shall meet the setback requirements. Such area shall be buffered or screened as deemed necessary by the issuing board.

D. The only operations conducted on the property shall be the washing of vehicles and the vacuuming of interiors of vehicles.

E. All washing operations shall be conducted within enclosed structures, which shall be externally designed to be in keeping with the exterior facades of adjacent land uses.

F. Operators of car wash establishments may be permitted to sell gasoline on the site of the vehicle wash property if they meet the standards set forth in §§ 260-33 and 260-40. The issuing board, in considering such a request, may require the operator to submit additional information to adequately describe the location and operation of such activity and, as a condition of granting such approval, may impose any conditions it deems necessary to protect the health and safety of motorists and pedestrians and to protect adjacent properties from potential adverse impacts of such use. Under no conditions shall the operator be allowed to perform repairs to motor vehicles on the site. Any merchandise available for sale shall be maintained within a fully enclosed building and should be related to automobile accessories or convenience items.

§ 260-57 Veterinary clinics for small animals.

The following conditions and criteria must be met for veterinary clinics for small animals:

A. All treatment rendered shall be from within an enclosed building.

B. All animals kept overnight or for longer periods of time to enable recovery from any injury, disease or as part of any general observation shall be confined to either cages or suitable living areas located within an enclosed structure. In no event shall more than one animal be allowed per cage or suitable living area except for litters.

C. All waste products shall be kept in secure containers and disposed of through appropriate means. All outdoor containers shall be screened from adjacent sites.

D. All deceased animals shall be properly disposed of in a manner determined to be acceptable by all regulatory agencies.

E. Each site shall provide adequate off-street parking for all employees and customers.

F. Each clinic shall contain the name of the licensed veterinarian and an emergency telephone number that shall be prominently displayed.

G. Any outdoor animal run area, sized according to standards of a nationally recognized animal husbandry organization, shall be provided for each animal recovering from treatment. Each animal run area shall be within a secure fenced area and not located nearer than the side or rear yard setback of the respective zoning district. In no event shall an outdoor animal run area be allowed in the front yard portion of any site. No outdoor runs or open exercise areas shall be visible from any adjacent residential zoned site. All openings from the enclosed structure to the exercise area shall be screened and buffered from any adjacent residential sites.

H. No deceased animals shall be buried on the premises.

I. Each application for a special use permit shall be accompanied by a site plan showing all buildings on the site, exercise areas, dumpster, method of animal waste disposal, water supply and watercourses, access, parking, landscaping, signage and site lighting.

§ 260-58 Windmills or wind generators.

The following conditions and criteria must be met for windmills or wind generators:

A. The site plan for a windmill or wind generator shall include:

(1) Location of tower on site, including maximum height of turbine components during use (e.g., blade tip for horizontal-axis device) and ground clearance of moving components (e.g., blades) and tower height, including blades, rotor diameter and ground clearance.

(2) All utility lines both above and below ground within a radius from the tower base equal to the proposed tower height, including blades.

(3) Dimensional representation of the various structural components of the tower construction, including the base and footings.

(4) Design data indicating the basis of design, including manufacturer's dimensional drawings, installation and operation instructions.

(5) Certification by a registered professional engineer or manufacturer's certification that the tower design is sufficient to withstand wind load requirements for structures.

B. No windmill, including blades, shall extend more than 75 feet above the average ground level measured at the base of the tower.

C. No more than one windmill shall be permitted as an accessory use to any property.

D. No windmill shall be erected in any location where its overall height, including blades, is greater than the distance from its base to any property line.

E. Access to the tower shall be limited either by means of a fence six feet high around the tower base with a locking gate or by limiting tower climbing apparatus to no lower than 12 feet from the ground.

F. No windmill shall be installed in any location along the major axis of an existing microwave communications link where the operation of the windmill is likely to produce an unacceptable level of electromagnetic interference.

G. Windmills shall be located or installed in compliance with the guidelines of the FAA regulations with regard to airport approach zones (15.503) and clearance around VOR and DVOR stations.

H. Any site proposed for a windmill shall have sufficient access to unimpeded air flow for adequate operation. The Siting Handbook for Small Wind Energy Conversion Systems, PNL-2521, or other nationally recognized reference, should be used as a guide.

I. No windmill shall be installed in a location where the impact on the neighborhood character is determined by the Planning Board to be detrimental.

J. If the windmill is to be interconnected to an electric utility distribution system, the applicant shall provide evidence of approval of the proposed interconnect by the power company.

K. A tower shall be located in either a rear or side yard. Applicants seeking a side yard siting shall demonstrate that such a location is essential to the viability of the proposed investment.

L. Guy wires and anchors for towers shall not be located closer than the required accessory structure setback.

M. All windmills shall be designed with an automatic brake to prevent overspeeding and excessive pressure on the tower structure.

N. The minimum distance between the ground and any protruding blades shall not be less than 10 feet as measured at the lowest point of the arc of the blades.

O. Windmills shall be separate, freestanding structures.