Town of Milo - Land Uses

Adult entertainment establishment

Shall be defined and regulated by Chapter 135: Adult Entertainment Establishments as currently in effect and as hereafter amended from time to time.

Agricultural business

Any individual, partnership, corporation, limited liability company, organization or business entity primarily supplying marketable agricultural products, including but not limited to breweries, farm cooperatives, farm machinery repair and sales, farm markets, seed processing and supply, and wineries that are not otherwise specifically defined as a farm operation by the Agriculture and Markets Law of NYS, as currently in effect and as hereafter amended from time to time.

Agricultural fairground

Shall bear the same meaning as agricultural fairground that is defined in Part 7, Subpart 7-5, of the Sanitary Code of NYS, as currently in effect and as hereafter amended from time to time.

Districts Where Allowed Districts where use is allowed: AG

Vehicle Parking:
See § 350-39: Parking and loading spaces for detailed information.

Development Requirements:
A. Access. Access to an agricultural fairground shall only be taken from a public road.

B. Caretaker quarters. A caretaker quarters may be provided within a principal building as an accessory dwelling unit or on the lot of record as a detached single-unit dwelling.

C. Compliance with the Sanitary Code. An agricultural fairground shall comply with Part 7, specifically Subpart 7-5, of the Sanitary Code of NYS, as currently in effect and as hereafter amended from time to time. Where, in any specific case, conflicts occur between provisions of this chapter and such state law, the more restrictive requirement shall govern.

D. Minimum lot area. An agricultural fairground shall be located on a lot of record with a lot area of 25 acres or more.

Agricultural service use

Any milk processing plant, feed storage supply facility, farm machinery or equipment sales and service facility; bulk storage and/or processing facility for fruits, vegetables and other agricultural products or a similar use directly and customarily related to the supply and service of a farm operation.

Agricultural tourism

Shall bear the same meaning as agricultural tourism that is defined in 301 of the Agriculture and Markets Law of NYS, as currently in effect and as hereafter amended from time to time.

Airport, county

An airport owned and operated by the county.

Airport-related use

A use that provides aeronautical infrastructure and services. Examples are, but shall not be limited to, aircraft repair facilities, aircraft hangers, aircraft fueling facilities, flight instruction and air chartering.

Amateur radio communications tower

A structure or a series of structures, attached to or detached from a principal building or accessory structure, which are used in the transmission of amateur radio communications, which shall include any antennas or other appurtenances (e.g., guy wires).

Districts Where Allowed Districts where use may be allowed as an accessory use: AG, AR, CO, LI Districts where use may be allowed with Special Use Permit: HA, LCOM, LRES

Development Requirements:
A. Intent. The provisions of this section are to establish regulations for the siting of amateur radio communications towers in order to accommodate such towers as required by the FCC PRB-1, 101 FCC 2d 952 [September 16, 1985]. Such regulations have been created to reasonably accommodate the amateur radio service and to establish the minimum practicable regulation deemed necessary to accomplish the Town's legitimate purpose described in Article 16 of the Town Law of NYS, as currently in effect and as hereafter amended from time to time, which is to promote the health, safety, morals, and/or the general welfare of the community.

B. Specific definitions. The following terms are specific to the use regulated by this section:

AMATEUR RADIO SERVICE - The amateur service, the amateur satellite service and the radio amateur civil emergency service.
COMPELLING COMMUNICATIONS NEED - A need for relief based upon the inability of the applicant to obtain reasonable communications goals due to engineering or technical limitations or physical characteristics, such as but not limited to trees or structures located on the subject and adjacent lots of record that obstruct or significantly impede communications to and from the subject lot of record.
LICENSED AMATEUR COMMUNICATIONS - Amateur radio operations, also known as the "amateur radio service," as regulated and licensed by the FCC pursuant to 47 CFR Part 97.

C. Application. In addition to the application requirements described within this chapter, applications for the installation of an amateur radio communications tower shall comply with the following application requirements and the more restrictive requirement shall apply in cases of conflict:

(1) A scaled plan or drawing of the proposed amateur radio communications tower, with design data, certified by a professional engineer or the manufacturer that such structure meets or exceeds the current specifications of the Electronics Industry Association guidelines or the Telecommunications Industry Association guidelines.
(2) Satisfactory evidence that the amateur radio communications tower shall be constructed to conform to the applicable provisions prescribed within the Uniform Code (e.g., fire separation distance, wind load, etc.).
(3) A site plan illustrating the lot of record and its dimensions, any and all structures and the locations thereof, any and all easements and the locations thereof, and the location of the amateur radio communications tower and its setback from all easements, lot lines and/or structures.
(4) Any application for an amateur radio antenna communications tower shall include written evidence that the owner is an amateur radio operator licensed by the FCC. Exemption(s):

(a) If the FCC license holder and operator is not the owner but an occupant at the lot of record, written evidence that the occupant is an amateur radio operator licensed by the FCC and the owner shall sign the application, which both individuals shall be bound by the regulations of this section.

D. Standards.

(1) Abandonment and removal. The owner of a lot of record that contains an amateur radio communications tower agrees to remove such structure and to restore the land to its original state upon selling such lot of record or when the owner or occupant no longer holds a valid FCC license to operate as an amateur radio operator.
(2) Aesthetics.

(a) No amateur radio communications tower shall be artificially lighted unless required by the FAA or any other AHJ.
(b) No signage shall be permitted upon an amateur radio communications tower other than those required by the FCC, FAA, manufacturer for safety and part replacement identification purposes or signs mandated by an AHJ.

(3) Height.

(a) Maximum height. An amateur radio communications tower that is located at a lot of record shall not exceed 70 feet.
(b) Special consideration. In considering an application for an area variance as it pertains to an amateur radio communications tower exceeding the permitted height, special consideration shall be accorded to those licensed in the Amateur Radio Service by the FCC. Such consideration shall ensure that such tower's height, as approved by the designated approval authority, achieves the applicant's need for effective communications but does not create a significant adverse impact to health, safety and aesthetic considerations. In establishing the permitted height, the designated approval authority shall consider the submitted compelling communications need regarding radio signal propagation. It is the responsibility of the applicant to supply such compelling communications need to the designated approval authority to substantiate and justify the proposed height for an amateur radio communications tower.

(4) Industry standards. All amateur radio antenna communications towers, including any antennas and other appurtenances, shall be constructed, operated, maintained, repaired, provided for the removal of, modified or restored in strict compliance with applicable industry standards, such as but not limited to NATE, NESC and the NEC.
(5) Maintenance. All amateur radio antenna communications towers, including any antennas and other appurtenances, that have, due to damage, lack of repair, or other circumstances, become unstable, lean significantly out-of-plumb, or pose a danger of collapse shall be removed or brought into a state of good repair. Such repair work shall be prepared and sealed by a registered design professional.
(6) Maximum number of structures. No more than one amateur radio communications tower shall be allowed per lot of record. Exemption(s):

(a) Upon showing of compelling communications need, the designated approval authority may approve additional amateur radio communication towers at a lot of record.

(7) Operation.

(a) An amateur radio communication towers shall be maintained in operational condition meeting all of the requirements of this section at all times, subject to reasonable maintenance and repair. If such tower becomes inoperative, damaged, unsafe, or violates a standard, the owner shall remedy the situation within 90 days after written notice from the Code Enforcement Officer. The Code Enforcement Officer may extend the period by 90 days.
(b) If an amateur radio communications tower is not repaired or brought into compliance within the time frame stated above, the Town may, after a public hearing, order remedial action or revoke any issued certificate and/or permit, and order removal of such tower within 90 days.

(8) Setbacks.

(a) No part of an amateur radio communications tower, including stays, guy or supporting wires as well as ground anchors, shall be in violation of the relevant yard requirements of the applicable zoning district.

350 Figure 51 Amateur Radio Communications Tower.tif

Figure 51- Amateur Radio Communications Tower and Yard Requirements

(b) No part of an amateur radio communications tower, including stays, guy or supporting wires as well as ground anchors, shall be located in the front yard at a lot of record.
(c) No part of an amateur radio communications tower, including stays, guy or supporting wires as well as ground anchors, shall be located on any easement.

(9) Type of tower.

(a) Hamlet, Lakefront Commercial and Lakefront Residential Zoning Districts. Due to aesthetic concerns, crank-up towers (e.g., US Tower TMM series compact crank-up towers) shall be the only permitted type of amateur radio communications tower at the Hamlet, Lakefront Commercial and Lakefront Residential Zoning Districts. At such tower's retracted height, the visual impact is reduced to a minimum and antenna servicing is made easier. Lastly, an amateur radio communications tower that is located within such zoning districts shall be fully retracted when not transmitting.
(b) Other zoning districts. Any type of tower specifically manufactured as part of an amateur radio communications tower shall be permitted. Examples of various towers are crank-up towers, lattice towers with guy wires, monopole towers and other types of self-supporting towers.

350 Figure 52 Amateur Radio Antenna Support Structure.tif

Figure 52 - Amateur Radio Antenna Support Structure (Crank-Up Tower

Bar, restaurant or tavern

Bed-and-breakfast dwelling

Shall bear the same meaning as bed-and-breakfast dwelling that is defined in the Uniform Code.

Districts Where Allowed Districts where use is allowed: CO Districts where use may be allowed with Special Use Permit: AG, AR, HA, LCOM, LRES

Vehicle Parking:
1 per sleeping room plus any dwelling unit requirements
See § 350-39: Parking and loading spaces for detailed information.

Development Requirements:
A. Access.

(1) Bedrooms. Access to the sleeping rooms shall be provided through the main entrance to the bed-and-breakfast dwelling. In addition, no sleeping rooms for transient use shall be located above the second story of a bed-and-breakfast dwelling.
(2) Public road. Access to a bed-and-breakfast dwelling shall only be taken from a public road.

B. Accessory dwelling units. Accessory dwelling units are not permitted in conjunction with a bed-and-breakfast dwelling.

C. Accessory living quarters. Accessory living quarters are not permitted in conjunction with a bed-and-breakfast dwelling.

D. Cooking facilities prohibited. No cooking facilities (e.g., microwave) shall be provided or permitted in any sleeping room.

E. Meals. Accommodations at the bed-and-breakfast dwelling shall include breakfast for the guests and included in the charge for the room. No meal other than breakfast may be prepared on the premises for the guests. The owner shall comply with all federal, state and local requirements for the preparation, handling and serving of food.

F. Minimum floor area. A bed-and-breakfast dwelling shall have a minimum gross floor area of 2,000 square feet.

G. Minimum lot area. A bed-and-breakfast dwelling shall be located on a lot of record that is compliant with the minimum lot area of the applicable zoning district but shall not be less than two acres.

H. Owner's residency required. The owner shall have his or her permanent place of abode at the bed-and-breakfast dwelling.

I. Parking.

(1) One parking space shall be provided for each sleeping room, which shall be in addition to those required for the dwelling unit.
(2) All parking spaces shall be located at the rear and/or side yards, and be designed to facilitate the exiting of vehicles in a forward motion from the lot of record onto the contiguous road.
(3) A buffer shall be installed between all parking spaces and a contiguous lot of record that contains an existing residential use.

Boardinghouse

A building arranged or used for lodging for compensation, with or without meals, and not occupied as a single-unit dwelling. For the purposes of this chapter, a boardinghouse shall be classified as either a hotel or motel, which such classification is dependent of the location of the door to a sleeping unit, for transient occupancy and as a multiple-unit dwelling where occupants are primarily permanent in nature.

Business - All uses

Camp, children's overnight

Shall bear the same meaning as children's overnight camp that is defined in 10 NYCRR, Chapter I, Part 7, Subpart 7-2, Section 7-2.2 of the Sanitary Code of NYS, as currently in effect and as hereafter amended from time to time.

Districts Where Allowed Districts where use may be allowed with Special Use Permit: LREC

Vehicle Parking:
Determined by parking demand study
See § 350-39: Parking and loading spaces for detailed information.

Development Requirements:
A. Access. Access to a children's overnight camp shall only be taken from a public road.

B. Buffer and landscaping. A landscaping plan, which includes sizes and types of vegetation, shall be submitted for review and approval. This plan shall include a buffer located adjacent to all contiguous lots of record containing a residential use. No recreational activities, parking and/or structures shall be allowed in this buffer.

C. Caretaker quarters. A caretaker quarters may be provided at a children's overnight camp as an accessory use. A caretaker quarters shall only be occupied by an employee(s) of said camp and may be located within a principal building that may be designed as a dwelling unit or as a sleeping unit.

D. Compliance with the American Camping Association (ACA) standards. A children's overnight camp shall comply with the American Camping Association (ACA) standards. Where, in any specific case, conflicts occur between provisions of this chapter and such standard, the more restrictive requirement shall govern.

E. Compliance with the Sanitary Code. A children's overnight camp shall comply with Part 7, specifically Subpart 7-2, of the Sanitary Code of NYS, as currently in effect and as hereafter amended from time to time. Where, in any specific case, conflicts occur between provisions of this chapter and such state law, the more restrictive requirement shall govern.

F. Design. The design of all camp structures and/or uses, including site layout, building orientation and accessory structures and/or uses, shall be directed inward with minimal visibility to public rights-of-way and contiguous lots of record.

G. Minimum lot area. A children's overnight camp shall be located on a lot of record with a lot area of 20 acres or more.

H. Summer camp cabin. A summer camp cabin may be provided at a children's overnight camp as an accessory use, but it shall comply with 10 NYCRR, Chapter I, Part 7, Subpart 7-2, Section 7-2.12 of the Sanitary Code of NYS, as currently in effect and as hereafter amended from time to time, and any other applicable law (e.g., Uniform Code). Lastly, the occupants of this cabin shall be registered and/or employed at a children's overnight camp.

Camp, summer day

Shall bear the same meaning as summer day camp that is defined in 10 NYCRR, Chapter I, Part 7, Subpart 7-2, Section 7-2.2 of the Sanitary Code of NYS, as currently in effect and as hereafter amended from time to time.

Districts Where Allowed Districts where use may be allowed with Special Use Permit: LREC

Vehicle Parking:
Determined by parking demand study
See § 350-39: Parking and loading spaces for detailed information.

Development Requirements:
A. Access. Access to a summer day camp shall only be taken from a public road.

B. Buffer and landscaping. A landscaping plan, which includes sizes and types of vegetation, shall be submitted for review and approval. This plan shall include a buffer located adjacent to all contiguous lots of record containing a residential use. No recreational activities, parking and/or structures shall be allowed in this buffer.

C. Caretaker quarters. A caretaker quarters may be provided at a summer day camp as an accessory use. A caretaker quarters shall only be occupied by an employee(s) of said camp and may be located within a principal building that may be designed as a dwelling unit or as a sleeping unit.

D. Compliance with the American Camping Association (ACA) standards. A summer day camp shall comply with the American Camping Association (ACA) standards. Where, in any specific case, conflicts occur between provisions of this chapter and such standard, the more restrictive requirement shall govern.

E. Compliance with the Sanitary Code. A summer day camp shall comply with Part 7, specifically Subpart 7-2, of the Sanitary Code of NYS, as currently in effect and as hereafter amended from time to time. Where, in any specific case, conflicts occur between provisions of this chapter and such state law, the more restrictive requirement shall govern.

F. Design. The design of all camp structures and/or uses, including site layout, building orientation and accessory structures and/or uses, shall be directed inward with minimal visibility to public rights-of-way and contiguous lots of record.

G. Minimum lot area. A summer day camp shall be located on a lot of record with a lot area of 20 acres or more.

Campground

Any parcel or tract of land, including buildings or other structures, under the control of any person, where three or more campsites are available for temporary or seasonal overnight occupancy.

Districts Where Allowed Districts where use may be allowed with Special Use Permit: AG

Vehicle Parking:
See § 350-39: Parking and loading spaces for detailed information.

Development Requirements:
A. Intent. The provisions of this section are enacted for the purpose of protecting public health, safety and general welfare of residents and transients in this Town, to prevent overcrowding and unsanitary conditions, and to establish minimum standards for the operation of campgrounds in the Town.

B. Specific definitions. The following terms are specific to the use regulated by this section:

CAMPING UNIT - This term shall bear the same meaning as "camping unit" that is defined in 10 NYCRR Part 7, Subpart 7-3, as currently in effect and as hereafter amended from time to time.
CAMPSITE - This term shall bear the same meaning as "campsite" that is defined in 10 NYCRR Part 7, Subpart 7-3, as currently in effect and as hereafter amended from time to time.

C. Compliance with NFPA 1194. A campground shall comply with NFPA 1194, Recreational Vehicle Parks and Campgrounds, as currently in effect and as hereafter amended from time to time. Where, in any specific case, conflicts occur between provisions of this chapter and such standard, the more restrictive requirement shall govern.

D. Compliance with the Sanitary Code. A campground shall comply with Part 7, specifically Subpart 7-3, of the Sanitary Code of NYS, as currently in effect and as hereafter amended from time to time, regardless of its applicability. Where, in any specific case, conflicts occur between provisions of this chapter and such state law, the more restrictive requirement shall govern.

E. Standards.

(1) Access. Access to a campground shall only be taken from a public road.
(2) Buffer and landscaping. A landscaping plan, which includes sizes and types of vegetation, shall be submitted for review and approval. This plan shall include a buffer located adjacent to all contiguous lots of record containing a residential use. No recreational activities, parking and/or structures shall be allowed in this buffer.
(3) Campsites. Boundaries of campsites shall be well-defined and permanently marked. In addition, campsites shall meet the following requirements:

(a) The density of campsites in a campground shall not exceed an average of 10 campsites per acre, inclusive of service roads, service buildings and accommodations, recreational areas, etc.
(b) Each campsite, which shall include its parking space, shall provide a minimum of 2,500 square feet of space and shall not be less than 30 feet at its narrowest point.
(c) Each campsite shall be identified by number and section. Camping units within a campground shall be required to located within the designated campsites. It shall be unlawful for more than one camping unit to occupy a single campsite.
(d) Each campsite shall be well-drained, with no pooling of water, and shall provide sufficient open and graded space for the accommodation of camping units.
(e) Each campsite shall provide a parking space for a vehicle, which such space shall not interfere with the convenient and safe movement of traffic at the campground.

(4) Caretaker quarters. A caretaker quarters may be provided within a principal building as an accessory dwelling unit, or on the lot of record as a detached single-unit dwelling.
(5) Interior roads. An interior road located within a campground shall be designed and certified as fire apparatus access roads pursuant to the Uniform Code.
(6) Length of stay. The maximum continuous habitation allowed in a campground is seven continuous months. After seven months, the camper shall vacate from that campground for a minimum of five continuous months.
(7) Lot area. A campground shall be located on a lot of record with a lot area of 20 acres or more.
(8) Management.

(a) In every campground, there shall be an attendant or person in charge that is responsible for the following:

[1] Keep a register of all campers, which shall include the minimum information:

[a] Names and addresses of each camper.
[b] Dates of entrance and departure of each camper.
[c] License numbers of all vehicles and states that issued such licenses.

[2] Maintain the campground in a safe, orderly and sanitary condition.
[3] Assist emergency response agencies in cases of emergency.

Figure 53 - Registration Center

(a) The electrical installation and electrical hookup provided for camping units shall be in accordance with the provisions of the NEC, current edition.(9) Recreation area. No less than 20% of the gross area of any campground shall be devoted to common recreational areas with facilities, such as playgrounds, trails, swimming pools or community buildings on suitable land for the stated purpose.
(10) Safety.

(b) If open fires are permitted, there shall be a fireplace or fire pit provided for the building of fires by a camper, which shall be located within a cleared area to aid in fire control.

(11) Service building(s) and accommodations.

(a) General. A campground shall have a suitable building(s) for housing toilets, lavatories, showers and slop sinks. The building(s) shall be located to not exceed 200 feet travel distance from any campsite. The building(s) shall be constructed to provide adequate lighting, privacy and ventilation as prescribed by the Uniform Code.

[1] The amount of plumbing facilities shall be based on the total campground capacity according to the approved site plan.
[2] Floors of such buildings shall be of concrete, tile or similar material impervious to water and easily cleaned and drained by means of a floor drain.

350 Figure 54 Lavatory Facilities at Campground.tif

Figure 54 - Lavatory and Toilet Facilities at a Campground

[1] Emergency information sign. A permanent and waterproof emergency information sign shall be installed within the immediate vicinity of the public telephone and shall contain the following information:(b) Garbage and/or rubbish disposal. All garbage and rubbish shall be stored in a suitable watertight as well as animal and pest resistant receptacle. It shall be the duty of the owner of the campground to regularly dispose of garbage and rubbish in a sanitary manner.
(c) Potable water. A campground shall obtain potable water from a source approved by the NYSDOH. The drinking, cooking, laundry, bath and general water supply for each campsite shall be obtained only from faucets or other plumbing fixtures connected directly to the potable water supply system. Such faucets or water supply fixtures may be either located by each campsite or at centralized watering stations.
(d) Public telephone. At least one public telephone shall be provided that is accessible and operational at all times. Such telephone shall be located in the vicinity of the permanent registration center and shall be illuminated at all times.

[a] The name(s) and telephone number of the campground's attendant; and
[b] The address of the campground; and
[c] The telephone numbers of the local emergency medical service, fire department and police department.

(e) Sewage disposal. A campground shall contain facilities for the proper disposal of wastewater via an approved septic system, legal RV dump station or any other system approved by an AHJ.

350 Figure 55 Site Plan of Campground.tif

Figure 55 - Site Plan of a Campground

Cannabis retail dispensary

A business licensed by NYS that may purchase adult-use cannabis products, from adult-use cannabis cultivators, processors or distributors, and that may sell approved adult-use cannabis products, in a retail outlet, in accordance with regulations determined by NYS.

Districts Where Allowed Districts where use may be allowed with Special Use Permit: CO, HA, LI

Vehicle Parking:
See § 350-39: Parking and loading spaces for detailed information.

Development Requirements:
A. Compliance with the law. No person or entity shall produce, grow, or sell cannabis or hold itself out as an NYS-licensed organization unless it has complied with Article 33 of the Public Health Law of NYS, as currently in effect and as hereafter amended from time to time, and/or any other applicable law.

B. Approved products. A cannabis retail dispensary shall only dispense approved cannabis products in accordance with the applicable laws of NYS.

C. Buffer and landscaping. A landscaping plan, which includes sizes and types of vegetation, shall be submitted for review and approval. This plan shall include a buffer located adjacent to all contiguous lots of record containing a residential use. No recreational activities, parking and/or structures shall be allowed in this buffer.

D. Building requirements.

(1) A cannabis retail dispensary shall operate within a permanently constructed, fixed structure. It is prohibited to operate from a vehicle or within a nonpermanent structure.
(2) A cannabis retail dispensary shall have its means of egress independent from any other use and shall directly discharge to a public way. For the purposes of this section, "means of egress" and "public way" are defined by the Uniform Code.
(3) A cannabis retail dispensary shall only dispense approved cannabis products in an indoor, enclosed, secure facility.
(4) A cannabis retail dispensary shall have a security system to prevent and detect diversion, theft, or loss of cannabis and/or cannabis products, using commercial grade equipment.

E. Licenses and/or permits. A cannabis retail dispensary shall submit evidence that all necessary licenses and/or permits have been obtained from NYS and all other AHJs to the Town. Said licenses and/or permits shall be posted in a conspicuous place, near the main exit or exit access doorway.

F. Location restriction(s).

(1) A cannabis retail dispensary shall not be located and/or operated within 500 feet of:

(a) A place of worship; or
(b) A building containing a child day-care establishment; or
(c) A building containing a school; or
(d) A park; or
(e) A building containing a residential use and/or Residential Group R use and occupancy as defined by the Uniform Code; or
(f) A structure or facility providing, whether wholly or partially, an essential public service; or
(g) A building containing licensed premises as defined by § 3 of the Alcoholic Beverage Control Law of the State of New York, as currently in effect and as hereafter amended from time to time; or
(h) A building containing another cannabis retail dispensary.
(i) A correctional facility.

(2) For the purpose of this subsection, measurement shall be made in a straight line, without regard to the intervening structures or objects, from the nearest portion of the building or structure used as the part of the premises where a cannabis retail dispensary is conducted to the nearest portion of the building or structure of a restricted location listed herein. Presence of a Town, village or other political subdivision boundary shall be irrelevant for purposes of calculating and applying these distance requirements.

G. Prohibited action(s). A cannabis retail dispensary shall not dispense cannabis products from the same location where the cannabis is grown or manufactured.

Cemetery

Land used for the burial of the dead and any cemetery-related structures located thereon are dedicated for such purpose, which shall include but is not limited to columbaria, crematories and/or mausoleums.

Districts Where Allowed Districts where use may be allowed with Special Use Permit: AG, AR, CO, LI

Vehicle Parking:
See § 350-39: Parking and loading spaces for detailed information.

Development Requirements:
A. Access. Access to a cemetery shall only be taken from a public road.

B. Buffer and landscaping. A landscaping plan, which includes sizes and types of vegetation, shall be submitted for review and approval. This plan shall include a buffer located adjacent to all contiguous lots of record containing a residential use. No recreational activities, parking and/or structures shall be allowed in this buffer.

C. Caretaker quarters. A caretaker quarters may be provided within a principal building as an accessory dwelling unit, or on the lot of record as a detached single-unit dwelling.

D. Cemetery related structures. Cemetery related structures such as but not limited to mausoleums and columbariums are encouraged in order to maximize the use of interment acreage. Existing cemeteries shall not be required to obtain a special use permit or a use variance for the construction of cemetery-related structures.

E. Compliance with the state law. A cemetery shall comply with state law, such as but not limited to Article 15 of the Not for Profit Corporations Law of NYS, §§ 450 through 451 of the Real Property Law of NYS and §§ 4216 through 4221 of the Public Health Law of NYS, as currently in effect and as hereafter amended from time to time. Where, in any specific case, conflicts occur between provisions of this section and such state law, the more restrictive requirement shall govern.

F. Flood zone. Burial plots or cemetery-related structures shall only be permitted in areas outside the 500-year-flood zone as prescribed by the Flood Insurance Rate Map of the Town, which is created by FEMA.

G. Parking spaces. The minimum number of parking spaces as prescribed within this chapter shall not apply to burial plots and cemetery-related structures, such as but not limited to a mausoleum or a columbarium.

H. Setbacks. All burial plots as well as cemetery-related structures shall be set back from any lot line in accordance to the minimum yard dimensions for a principal building at the applicable zoning district.

Figure 56 - Site Plan of a Cemetery

Child-care center

Shall bear the same meaning as child day-care center that is defined in 18 NYCRR, Chapter II, Subchapter C, Article 2, Part 413, Section 413.2(b)(1), as currently in effect and as hereafter amended from time to time.

Commercial, heavy

A commercial use that generally uses open sales yards, outside equipment storage or outside activities that generate noise or other impacts considered incompatible with less-intense uses. Typical establishments or businesses in this definition are, but shall not be limited to, bulk fuel storage facilities, contractor's storage yards, lumberyards, heavy equipment suppliers, and warehouses.

Districts Where Allowed Districts where use is allowed: LI Districts where use may be allowed with Special Use Permit: CO

Vehicle Parking:
See § 350-39: Parking and loading spaces for detailed information.

Development Requirements:
A. Access. Access to a commercial use, whether heavy or light, shall only be taken from a public road.

B. Buffer and landscaping. A landscaping plan, which includes sizes and types of vegetation, shall be submitted for review and approval. This plan shall include a buffer located adjacent to all contiguous lots of record containing a residential use. No recreational activities, parking and/or structures shall be allowed in this buffer.

C. Caretaker quarters. A caretaker quarters may be provided within the principal building as an accessory dwelling unit or on the lot of record as a detached single-unit dwelling.

Commercial, light

A commercial use that generally has retail or wholesale sales, office uses, or services, which does not generate noise or other impacts considered incompatible with less-intense uses. Businesses within this definition only include those that conduct sales and storage entirely within an enclosed and permanent structure with the exception of occasional outdoor sidewalk promotions. Typical establishments or businesses in this definition are, but shall not be limited to, commercial/public garages, financial institutions (e.g., banks, credit unions, etc.), mercantile occupancies (pharmacy, grocery store, clothing store, etc.), and assembly uses intended for food and/or drink consumption (e.g., tavern, restaurant, etc.).

Districts Where Allowed Districts where use is allowed: CO, LI Districts where use may be allowed with Special Use Permit: AG, AR, HA, LCOM

Vehicle Parking:
See § 350-39: Parking and loading spaces for detailed information.

Development Requirements:
A. Access. Access to a commercial use, whether heavy or light, shall only be taken from a public road.

B. Buffer and landscaping. A landscaping plan, which includes sizes and types of vegetation, shall be submitted for review and approval. This plan shall include a buffer located adjacent to all contiguous lots of record containing a residential use. No recreational activities, parking and/or structures shall be allowed in this buffer.

C. Caretaker quarters. A caretaker quarters may be provided within the principal building as an accessory dwelling unit or on the lot of record as a detached single-unit dwelling.

Cottage housing development

One or more clusters of single-unit dwellings, where the gross floor area of each dwelling shall not exceed 1,500 square feet, developed under a single land development plan in compliance with the applicable provisions of this chapter.,Cottage housing development, General

Districts Where Allowed Districts where use is allowed: LCOM Districts where use may be allowed with Special Use Permit: AG, AR, HA, LRES

Vehicle Parking:
2 per cottage
See § 350-39: Parking and loading spaces for detailed information.

Development Requirements:
A. Intent. The Town recognizes that one of the methods to address our environmental sustainability and housing affordability is to build smaller dwellings. A cottage housing development is generally defined as a grouping of small, detached, single-unit dwelling units clustered around a common open space or courtyard and developed under a coherent plan. It is typically built on small infill sites in established residential zoning districts. It fills a niche between traditional choices of single-unit and multiunit dwellings. Although less spacious than conventional single-unit dwelling, it offers the privacy and personal space of a detached single-unit dwelling in a less costly package. Additionally, cottages may be located on separate lots of record, or on an undivided, commonly-owned lot of record. Residents may share use and maintenance expense of common facilities, such as parking, storage areas, and amenities. Furthermore, thoughtful design and efficient use of space are hallmarks of these developments. Well-designed cottage housing developments can offer significant community benefits, such as efficient use of land, and reduced demand for energy and building materials compared to conventional single-unit dwellings. It allows moderate increases in density while minimizing development scale. The number of people and vehicles per unit as well as overall building coverage are less than for a similar number of single dwelling units. Lastly, the smaller-sized units also are generally affordable to a wider pool of buyers.

B. Specific definitions. The following terms are specific to the use regulated by this section:

COMMON OPEN SPACE - Unoccupied land within a cottage housing development, not individually owned or publicly dedicated, that is designed and intended for the common use or enjoyment of such community's occupants and their guests and may include recreational improvements.
COMMUNITY BUILDING - A building owned in common by the cottage housing development's homeowners and designated for multipurpose uses by the cottage housing community. It should be consistent with the design and scale of the cottages, and its use should clearly be accessory to the cottage housing development.
COTTAGE - A detached single-unit dwelling that is part of a cottage housing development.
FOOTPRINT - The gross floor area of a cottage's ground-level story.

C. Community assets.

(1) Community building(s).

(a) Community buildings are permitted in a cottage housing development and shall be incidental in use and size to the cottages. In addition, community buildings shall conform to the design standards for a cottage.
(b) Dining facilities, entertainment space, guest quarters, library, recreational space and/or storage space may be permitted as part of a community building.
(c) A community building shall not exceed one story.
(d) Community buildings shall be located on the same lot of record as a cottage housing development, and shall be commonly owned by the residents of such development.

350 Figure 57 Community Building at Cottage House Devel.tif

Figure 57 - Community Building at a Cottage Housing Development

(a) Each cottage shall be oriented to the common open space to provide a sense of openness and community for residents.(2) Common open space.

(b) At least 100 square feet per cottage of common open space is required. However, the common open space shall be at least 1,000 square feet in area, regardless of the number of cottages.
(c) Each area of common open space shall be in one contiguous and usable piece.
(d) To be considered as part of the minimum open space requirement, an area of common open space shall have a minimum dimension of 20 feet on all sides.
(e) At least two sides of the common open area shall have cottages along its perimeter.
(f) The common open space shall be distinguished from the private open space of a cottage via the installation of landscaping and/or fences to provide a visual boundary, or a walkway around the perimeter of the common open space.

350 Figure 58 Common Open Space at Cottage Housing Devel.tif

Figure 58 - Common Open Space at a Cottage Housing Development

D. Clusters. A cottage housing development shall be composed of clusters of cottages, which shall conform to the following:

(1) Minimum cottages per cluster: 12.
(2) Maximum clusters per cottage housing development: two.

E. Density. The number of dwelling units proposed for a cottage housing development is permitted to be 1.5 times the maximum density permitted for a lot of record at an applicable zoning district. Moreover, the following density bonuses may be awarded by the designated approval authority that will allow a cottage housing development to increase such maximum density.

(1) Accessibility. Up to a 10% density bonus may be granted for the provision of making sites, facilities, buildings, and elements accessible pursuant to ICC/ANSI A117.1 — Accessible and Usable Buildings and Facilities.
(2) Agriculture. A 1% density bonus may be granted for each additional 1% of the site that will preserve farm operations. However, such bonus shall not exceed 10% regardless of the amount of proposed farm operations.
(3) Amenities. Up to a 10% density bonus may be granted for the provision of amenities such as but not limited to docks, parks as well as indoor and outdoor recreation facilities (e.g., swimming pools, gyms, playgrounds, walking trails, golf courses, etc.) considered beneficial to the cottage housing development. Such amenities shall not be required to be accessible to the public.
(4) Blight. Up to a 10% density bonus may be granted for the cleanup of a blighted site, contamination removal or demolition of obsolete structures.
(5) Common open space. A 1% density bonus may be granted for each additional 1% of the site that will be designated as common open space. However, such bonus shall not exceed 10% regardless of the amount of proposed common open space.
(6) Fire detection system, monitored. Up to a 10% density bonus may be granted for the provision of a monitored fire detection system in all structures. To be eligible for this bonus, such system shall be designed, installed and maintained in accordance to the reference standard(s) described within the Uniform Code.
(7) Fire protection system. Up to a 10% density bonus may be granted for the provision of a fire protection system in all structures. To be eligible for this bonus, such system shall be designed, installed and maintained in accordance to the reference standard(s) described within the Uniform Code.
(8) Historic preservation. Up to a 10% density bonus may be granted for preservation and adaptive reuse of historically or architecturally significant structures, which such classification shall be determined by the County Genealogical and Historical Society or approved equivalent authority, that are located on the site.
(9) Noncombustible siding. Up to a 10% density bonus may be granted for the provision of noncombustible siding at all structures.
(10) Renewable energy systems. Up to a 10% density bonus may be granted for the provision of renewable energy systems, such as but not limited to solar photovoltaic and/or thermal systems and wind energy conversion system. Such amenities shall not be required to be connected to a public service agency.

F. Design standards.

(1) Buffer and landscaping. A landscaping plan, which includes sizes and types of vegetation, shall be submitted for review and approval. This plan shall include a buffer located adjacent to all contiguous lots of record containing a residential use. No recreational activities, parking and/or structures shall be allowed in this buffer.
(2) Building coverage. A cottage housing development shall be allowed a building coverage of 60%.
(3) Building height. The maximum building height of cottage shall be 28 feet.
(4) Carports and/or garages. Shared carports and/or garages shall be limited to five parking spaces per structure and shall be detached from cottages. Roofs of carports and/or garages shall be pitched.
(5) Cottage design.

(a) Appearance. Cottages shall contain a variety of designs that include articulation of facades, changes in materials, texture, color, and window treatments, and other architectural features so all units do not appear identical.

350 Figure 59 Appearance of Cottages.tif

Figure 59 - Appearance of Cottages at a Cottage Housing Development

(b) Basement or crawl space. A cottage may have a basement or a crawl space.

(c) Floor area. The gross floor area of each cottage shall not exceed 1,500 square feet. However, the following habitable spaces shall not be included in the gross floor area calculations:

[1] Architectural projections, such as bay windows, fireplaces or utility closets, which shall not be greater than four feet in depth and six feet in width;
[2] Attached but unenclosed porches;
[3] Attached decks;
[4] Basements or cellars;
[5] Habitable spaces equal to or less than six feet.

(d) Front porch. A covered front porch, which shall be a minimum of 60 square feet, is required at each cottage. Such porch shall be oriented toward the common open space.
(e) Manufactured home. A manufactured home is prohibited to be utilized as a cottage.
(f) Orientation. Each cottage shall be clustered around a common open space. Each cottage shall have a primary entry and covered porch oriented to the common open space.
(g) Private garage. A private garage is prohibited to be attached to a cottage.
(h) Roof. A roof of a cottage shall be pitched.

Figure 60 - Size of a Cottage at a Cottage Housing Development

(6) Parking spaces.

(a) Parking shall be separated from the common open space and public roads by a buffer.

(b) Parking spaces shall be accessed only by a private driveway or road.
(c) The design of garages and carports, including their associated roof lines, shall be similar to and compatible with that of the cottages within the cottage housing development.
(d) Parking areas shall be limited to no more than five contiguous parking spaces. Clusters must be separated by a distance of at least 20 feet.

(7) Private open space. Each cottage in a cottage housing development shall be provided an area of private open space. The private open space shall separate the main entrance to the cottage from the common open space to create a sense of privacy as well as small but pleasant private yard area. The private open space may be separated from the common open space with landscaping, fences or other similar visual separation to create a sense of separate ownership.

(a) Each cottage shall be provided with a minimum of 300 square feet of private open space.
(b) No dimension of the private open space shall be less than 10 feet.

(8) Setbacks. The minimum setbacks for all structures, which includes cottages, parking structures and community buildings, in a cottage housing development are:

(a) Ten feet from a road.
(b) Ten feet from any other structure.
(c) Cottages shall be no more than 25 feet from the common open area, measured from the facade of the cottage to the nearest delineation of the common open area.

350 Figure 61 Setbacks and Parking at Cottage Devel.tif

Figure 61 - Setbacks and Parking at a Cottage Housing Development

(9) Walkways. A system of interior walkways shall connect each cottage to each other and to the parking area, and to any sidewalks abutting any roads bordering the cottage housing development.
(10) Yards. A cottage housing development shall comply with the following minimum yard requirements:

(a) Front yards. Front yards shall not be less than 10 feet.
(b) Rear yards. Rear yards shall not be less than 10 feet.
(c) Side yards. Side yards shall not be less than 10 feet.

G. Ownership. Community buildings, parking areas and common open space shall be owned and maintained commonly by the cottage housing development's residents, through a condominium association, a homeowners' association, or a similar mechanism that is approved by the Town Attorney, and shall not be dedicated to the Town.

350 Figure 62 SIte Plan of Cottage Housing Devel.tif

Figure 62 - Site Plan of a Cottage Housing Development

Country club

A membership organization formed for recreational purposes which includes a clubhouse, golf course and may include other recreational activities, such as swimming pools, tennis courts and squash courts. Dining facilities, meeting rooms, lounges, snack bars and retail sales may also be permitted as accessory uses.

Districts Where Allowed Districts where use may be allowed with Special Use Permit: AR

Vehicle Parking:
See § 350-39: Parking and loading spaces for detailed information.

Development Requirements:
A. Access. Access to a country club shall only be taken from a public road.

B. Buffer and landscaping. A landscaping plan, which includes sizes and types of vegetation, shall be submitted for review and approval. This plan shall include a buffer located adjacent to all contiguous lots of record containing a residential use. No recreational activities, parking and/or structures shall be allowed in this buffer.

C. Caretaker quarters. A caretaker quarters may be provided within the principal building as an accessory dwelling unit, or on the lot of record as a detached single-unit dwelling.

D. Design.

(1) Accessory uses. A country club may include the following accessory uses, provided such uses are reasonably sized and located so as to provide incidental service to a country club:

(a) Clubhouse, which may consist of:

[1] Restaurant, snack bar, lounge, and banquet facilities;
[2] Locker rooms and restrooms;
[3] Pro shops;
[4] Administrative offices;
[5] Golf cart and maintenance equipment storage and service facilities;
[6] Guest lodging for those using the golf course, provided:

[a] No lodging units have separate exterior means of ingress/egress;
[b] All lodging units shall be contained within the main clubhouse; and
[c] Such guest lodging shall have a total occupancy of no more than 20 persons;

[7] Fitness and health equipment, including workout machines, spas, whirlpools, saunas, and steam rooms;
[8] Game rooms, including card tables, billiards, ping-pong, video games, pinball machines, and other similar table games; and
[9] Babysitting rooms and connected fence-enclosed play lots.

(b) Accessory recreation amenities located outside of a building, including:

[1] Golf courses.
[2] Driving ranges, provided that the applicant shall furnish expert evidence that all lighting has been arranged to prevent glare on contiguous lots of record and roads;
[3] Practice putting greens;
[4] Swimming pools;
[5] Tennis, platform tennis, handball, racquetball, squash, volleyball, and badminton courts;
[6] Bocce ball, croquet, shuffleboard, quoits, horseshoe pits, and washers courses;
[7] Picnic pavilions, picnic tables, park benches, and barbecue pits;
[8] Hiking, biking, horseback riding, and cross-country ski trails; and
[9] Playground equipment and play lot games, including four square, dodgeball, tetherball, and hopscotch.

(2) Minimum lot area. The minimum lot area for a lot of record containing a country club shall conform to the following requirements but shall not be less than 30 acres:

(a) Eighteen hole regulation length golf course: 350 acres.
(b) Eighteen hole executive length golf course: 70 acres.
(c) Eighteen hole par-three length golf course: 50 acres.
(d) Nine hole regulation length golf courses: 70 acres.
(e) Nine hole executive length golf course: 40 acres.
(f) Nine hole par-three length course: 30 acres.

(3) Setbacks. A 50-foot-minimum setback shall be provided from any accessory and principal building, swimming pool, tennis court or any amenity area, excluding fairways and greens, to any contiguous lot line.

Cultural center

A building to present exhibits of cultural, scientific or academic material, live theater and dance performances, musical concerts, cinema, lectures or a combination thereof to the general public as a nonprofit enterprise.

Districts Where Allowed Districts where use is allowed: CO, LI Districts where use may be allowed with Special Use Permit: HA

Vehicle Parking:
See § 350-39: Parking and loading spaces for detailed information.

Development Requirements:
A. Access. Access to a cultural center shall only be taken from a public road.

B. Buffer and landscaping. A landscaping plan, which includes sizes and types of vegetation, shall be submitted for review and approval. This plan shall include a buffer located adjacent to all contiguous lots of record containing a residential use. No recreational activities, parking and/or structures shall be allowed in this buffer.

C. Caretaker quarters. A caretaker quarters may be provided within the principal building as an accessory dwelling unit, or on the lot of record as a detached single-unit dwelling.

Dormitory,

A building used as a group living quarters for a student body or religious order as an accessory use to a higher education school, boarding school, convent, monastery or similar institutional use. For the purposes of this chapter, a dormitory shall be classified as either a hotel or motel, which such classification is dependent of the location of the door to a sleeping unit, for transient occupancy and as a multiple-unit dwelling where occupants are primarily permanent in nature.

Drive-through window facility

Any portion of a building from which business is transacted, or is capable of being transacted, directly with customers located in a vehicle during such business transactions. A drive-through window facility is considered an accessory use to a commercial use such as, but not limited to, a bank or restaurant. However, a vehicle service station is not considered a drive-through window facility for purposes of this chapter.

Development Requirements:
A drive-through window facility shall be a component of a nonresidential use, such as but not limited to a bank, pharmacy or restaurant. Such facility shall comply with the following standards:

A. Access. Access to a drive-through window facility shall only be taken from a public road.

B. Buffer and landscaping. A landscaping plan, which includes sizes and types of vegetation, shall be submitted for review and approval. This plan shall include a buffer located adjacent to all contiguous lots of record containing a residential use. No recreational activities, parking and/or structures shall be allowed in this buffer.

C. Orientation. A drive-through window facility shall not be located at the front yard of a lot of record.

D. Setbacks. The location of a drive-through window facility shall be a minimum of 50 feet from a contiguous lot of record.

E. Stacking lanes.

(1) Entrances to stacking lane(s) shall be clearly marked and a minimum of 40 feet from the intersection with a road. The distance shall be measured from the lot line along a road to the beginning of the entrance.
(2) Each stacking space shall be a minimum of 20 feet in length and 10 feet in width along all portions of the lane(s).
(3) Restaurants shall have a minimum of five spaces for queuing vehicles accessing the ordering window or speaker. If pickup/payment windows are provided separately, the queuing distance between windows and/or speaker(s) shall be a minimum of two stacking spaces.
(4) Banks, service and retail establishments shall have a minimum of three stacking spaces for queuing vehicles accessing a drive-through window or speaker.
(5) Stacking lanes shall be delineated from traffic aisles, other stacking lanes and parking areas with striping, curbing, landscaping and the use of alternative paving materials or raised medians.
(6) Stacking lanes shall be designed to prevent congestion, both on-site and on adjacent roads.
(7) Stacking lane layout:

(a) Shall be integrated with the on-site circulation pattern; and
(b) Shall minimize conflicts between pedestrian and vehicular traffic by providing physical and visual separation between the two; and
(c) Shall provide an emergency bypass or exit, if such stacking lane is curbed; and
(d) Shall not impede or impair access into or out of parking spaces; and
(e) Shall not impede or impair pedestrian or vehicular traffic movement; and
(f) Shall not interfere with required loading and trash storage areas; and
(g) Shall not enter or exit directly into a public right-of-way.

Figure 63 - Drive-Through Window Facility

Dwelling unit, accessory

An accessory structure that is a secondary single-unit dwelling located on the same lot of record as the principal building/use, which shall be a single-unit dwelling.

Districts Where Allowed Districts where use may be allowed as an accessory use: AG, AR, CO, HA

Vehicle Parking:
2 per dwelling unit
See § 350-39: Parking and loading spaces for detailed information.

Development Requirements:
A. Intent. The Town recognizes that there are many benefits associated with the creation of legal accessory dwelling units on a lot of record. These benefits include but are not limited to:

(1) Accessory dwelling units at owner occupied lots of record foster better property maintenance and neighborhood stability.
(2) Accessory dwelling units provide the opportunity for increased security and companionship for older or other owners who fear crime and personal accidents.
(3) Accessory dwelling units help meet the growth management goals of the Comprehensive Plan by creating more housing opportunities without the need to subdivide existing lots of record.
(4) Accessory dwelling units enhance the local property tax base.
(5) Benefiting older and younger owners, single parents and the disabled.
(6) Increasing the supply of affordable housing without government subsidies.
(7) Providing a cost-effective means of accommodating development by making better use of existing infrastructure and reducing the need to provide new infrastructure.
(8) Providing a means for adult children to give care and support to a parent in a semi-independent living arrangement.
(9) Providing owners with extra income to help meet the rising cost of home ownership.
(10) Reducing the incidence of housing deterioration and blight by preventing absentee ownership of property.
(11) Reducing the number of applications for subdividing lots of record in order to provide housing for family members.

B. Construction, fire prevention and maintenance.

(1) The design, color, material and texture of the exterior building surfaces utilized at an accessory dwelling unit shall be substantially the same as the principal building. Furthermore, an accessory dwelling unit shall be designed and classified as an independent single-unit dwelling and such unit shall conform to the standards prescribed in this chapter for dwelling units.
(2) An accessory dwelling unit shall comply with the applicable provisions of the Energy Code, Uniform Code and/or any other local, state and/or federal law.
(3) The net floor area of an accessory dwelling unit shall not exceed 1,500 square feet.

C. Deed restrictions. Prior to the authorization of an accessory dwelling unit by the Town, the owner shall provide written proof to the designated approval authority that a covenant setting forth all of the following requirements, which shall be in a form satisfactory to the Town Attorney, and such covenant has been recorded in the Office of the County Clerk:

(1) A reference to the deed under which the lot of record was acquired by the owner.
(2) A restriction that the accessory dwelling unit shall not be sold or owned separately, and the lot of record upon which the unit is located shall not be subdivided in any manner that would authorize such sale or ownership.
(3) A restriction that the accessory dwelling unit is an independent dwelling unit only so long as principal building is occupied by the owner as his or her permanent place of abode in accordance to the records of the Town Assessor.
(4) The restrictions described herein shall be binding upon any successor in ownership of the lot of record.

D. Maximum number per lot of record. In no case shall more than one accessory dwelling unit be located on a lot of record.

E. Owner occupancy required. The owner of the lot of record in which the accessory dwelling unit is located, or, if the owner of such lot of record is a trust, the grantor of the trust shall occupy the principal building as their permanent place of abode, except for bona fide temporary absences, in accordance to the records of the Town Assessor. If, thereafter, the owner fails to comply with this requirement, the accessory dwelling unit shall change its use to another type of accessory use that is permitted at the applicable zoning district. For clarification purposes, "owner occupancy" means the owner, as reflected in the records filed at the office of the County Clerk, or, if such owner is a trust, the grantor of such trust makes his/her/their legal residence at the applicable lot of record, as evidenced by voter registration, vehicle registration, or other approved means. Exemption(s):

(1) Caretaker quarters as permitted as a specific use as prescribed by this chapter.

F. Principal building/use. An accessory dwelling unit shall be located on a lot of record whose principal building/use is only one, existing, single-unit dwelling. Exemption(s):

(1) Caretaker quarters as permitted at a specific use as prescribed by this chapter.

G. Sale. The sale of an accessory dwelling unit that is separate from the sale of the lot of record, including all of the accessory structures and principal buildings located on such lot, is prohibited.

H. Subdivision. The owner shall acknowledge, in writing, which is signed in the presence of a notary public, that he/she/they understand and agree that should a subdivision of the lot of record later be proposed, all parcels illustrated in said subdivision shall comply with the minimum requirements of this chapter, including but not limited to the dimension requirements of a lot of record and the yard requirements for principal buildings and accessory structures.

I. Vehicular access. An accessory dwelling unit shall utilize the same vehicular access that serves the principal building, unless such unit is located on a corner lot or double frontage lot for which a secondary access is permitted by an AHJ.

Dwelling, multiple-unit

A building or portion thereof designed for occupancy by three or more families living independently in which they may or may not share common entrances and/or other spaces.

Districts Where Allowed Districts where use is allowed: CO Districts where use may be allowed with Special Use Permit: LCOM

Vehicle Parking:
2 per dwelling unit
See § 350-39: Parking and loading spaces for detailed information.

Development Requirements:
A. Floor area. All dwelling units shall conform to the occupancy limitations prescribed in the Uniform Code. However, a dwelling unit shall not be less than 800 square feet in net floor area. Exemption(s):

(1) Accessory dwelling unit. An accessory dwelling unit is permitted to have a minimum net floor area as prescribed in this chapter.
(2) Caretaker quarters. A caretaker quarters is permitted to have a minimum net floor area of 400 square feet.
(3) Dwelling unit at an extended stay hotel. A dwelling unit at an extended stay hotel is permitted to have a minimum net floor area of 400 square feet.

B. Foundation. All dwelling units shall be constructed or placed upon and anchored to a foundation that complies with the applicable provisions of the Uniform Code. In the event that a dwelling unit is a manufactured home, it shall be installed and anchored pursuant to the manufacturer's installation instructions and the applicable regulations of the Uniform Code, and none of the undercarriage shall be visible from outside the manufactured home.

F. Multiple-unit dwelling.

(1) Access. Access to a multiple-unit dwelling shall only be taken from a public road.
(2) Compliance with the law. A multiple-unit dwelling shall comply with the applicable provisions of the Energy Code, Multiple Residence Law of NYS, Uniform Code and/or any other applicable law.
(3) Number of dwelling units. A maximum of 10 dwelling units shall be permitted at each multiple-unit dwelling.

Dwelling, single-unit

A building designed or arranged to be occupied by one family living independently, with such building having only one dwelling unit.

Districts Where Allowed Districts where use is allowed: AG, AR, CO, HA, LCOM, LRES Districts where use may be allowed with Special Use Permit: LI

Vehicle Parking:
2 per dwelling unit
See § 350-39: Parking and loading spaces for detailed information.

Development Requirements:
A. Floor area. All dwelling units shall conform to the occupancy limitations prescribed in the Uniform Code. However, a dwelling unit shall not be less than 800 square feet in net floor area. Exemption(s):

(1) Accessory dwelling unit. An accessory dwelling unit is permitted to have a minimum net floor area as prescribed in this chapter.
(2) Caretaker quarters. A caretaker quarters is permitted to have a minimum net floor area of 400 square feet.
(3) Dwelling unit at an extended stay hotel. A dwelling unit at an extended stay hotel is permitted to have a minimum net floor area of 400 square feet.

B. Foundation. All dwelling units shall be constructed or placed upon and anchored to a foundation that complies with the applicable provisions of the Uniform Code. In the event that a dwelling unit is a manufactured home, it shall be installed and anchored pursuant to the manufacturer's installation instructions and the applicable regulations of the Uniform Code, and none of the undercarriage shall be visible from outside the manufactured home.

C. Farm worker housing unit.

(1) Compliance with the Sanitary Code. A farm worker housing unit shall comply with Part 15 of the Sanitary Code of NYS, as currently in effect and as hereafter amended from time to time, if such state regulation is applicable. Where, in any specific case, conflicts occur between provisions of this chapter and such state law, the more restrictive requirement shall govern.
(2) NYS-certified agricultural district. Farm worker housing units shall be permitted at farm operations located in an NYS-certified agricultural district and shall be classified as an accessory use. Any farm worker housing unit that has not been used for such purposes for three or more years shall be removed from the lot of record.

D. Manufactured home.

(1) General. The provisions contained within this section are intended to serve as supplemental requirements to the Uniform Code in order to protect the public health, safety and the general welfare insofar as they are affected by the installation of manufactured homes. The regulations shall supplement and not replace the applicable provisions established within the Uniform Code. Lastly, the more restrictive provision shall apply where conflicts occur between provisions of this section, the Uniform Code or and other applicable law.
(2) Age. Except on the conditions specified herein, no certificate or permit shall be issued for any manufactured home built more than five years from the application date of such certificate or permit. However, such period of time may be extended upon the submission of a written report prepared and sealed by a registered design professional that the manufactured home conforms to all of the following criteria:

(a) Is not greater than 10 years in age.
(b) Conforms to the standards prescribed in the Uniform Code.

(3) Use. A manufactured home shall be used in accordance to the manufacturer's design and specifications. For example, a manufactured home designed in accordance with the Manufactured Home Construction and Safety Standards (AKA, the "HUD Code"), as currently in effect and as hereafter amended from time to time, is only permitted to be used as a single-unit dwelling.

E. Mobile home. The new installation of a mobile home shall be prohibited in the Town but existing mobile homes are allowed to remain but shall be classified as a nonconforming use.

F. Multiple-unit dwelling.

(1) Access. Access to a multiple-unit dwelling shall only be taken from a public road.
(2) Compliance with the law. A multiple-unit dwelling shall comply with the applicable provisions of the Energy Code, Multiple Residence Law of NYS, Uniform Code and/or any other applicable law.
(3) Number of dwelling units. A maximum of 10 dwelling units shall be permitted at each multiple-unit dwelling.

Dwelling, two-unit

A building designed or arranged to be occupied by two families living independently, with such building having only two dwelling units.

Districts Where Allowed Districts where use is allowed: CO Districts where use may be allowed with Special Use Permit: HA, LCOM

Vehicle Parking:
2 per dwelling unit
See § 350-39: Parking and loading spaces for detailed information.

Development Requirements:
A. Floor area. All dwelling units shall conform to the occupancy limitations prescribed in the Uniform Code. However, a dwelling unit shall not be less than 800 square feet in net floor area. Exemption(s):

(1) Accessory dwelling unit. An accessory dwelling unit is permitted to have a minimum net floor area as prescribed in this chapter.
(2) Caretaker quarters. A caretaker quarters is permitted to have a minimum net floor area of 400 square feet.
(3) Dwelling unit at an extended stay hotel. A dwelling unit at an extended stay hotel is permitted to have a minimum net floor area of 400 square feet.

B. Foundation. All dwelling units shall be constructed or placed upon and anchored to a foundation that complies with the applicable provisions of the Uniform Code. In the event that a dwelling unit is a manufactured home, it shall be installed and anchored pursuant to the manufacturer's installation instructions and the applicable regulations of the Uniform Code, and none of the undercarriage shall be visible from outside the manufactured home.

Family day care home

Shall bear the same meaning as family day care home that is defined in 18 NYCRR, Chapter II, Subchapter C, Article 2, Part 413, Section 413.2(b)(2), as currently in effect and as hereafter amended from time to time.

Farm operation

Shall bear the same meaning as farm operation that is defined in 301 of the Agriculture and Markets Law of NYS, as currently in effect and as hereafter amended from time to time.

Districts Where Allowed Districts where use is allowed: AG, AR, CO, LI

Vehicle Parking:
See § 350-39: Parking and loading spaces for detailed information.

Development Requirements:
A. Agricultural manure storage facility.

(1) Intent. The intent of this subsection is to:

(a) Ensure that an owner has assistance in design, placement and materials used to construct an agricultural manure storage facility; and
(b) Protect groundwater resources and water bodies within the Town; and
(c) Protect the health, welfare and safety of the public.

(2) Location. An agricultural manure storage facility is only permitted at a farm operation located within an NYS-certified agricultural district.
(3) Design. Upon receipt of an application for an agricultural manure storage facility, the designated approval authority shall transmit such application and its site plan to YCSWCD for its recommendations. The owner shall comply with any recommendation of YCSWCD. Exemption(s):

(a) The design of an agricultural manure storage facility that is prepared and sealed by a registered design professional shall not be required to be transmitted to YCSWCD.

(4) Setbacks. An agricultural manure storage facility shall be:

(a) Located a minimum of 100 feet from a road right-of-way;
(b) Located a minimum of 100 feet from a residential or nonagricultural structure, well, watercourse or water body.

(5) Use classification. An agricultural manure storage facility shall be classified as a customarily accessory use to a farm operation.

Figure 64 - Agricultural Manure Storage Facility

B. Commercial horse boarding and/or equine operation.

(1) Access. Access to a commercial horse boarding and/or equine operation shall only be taken from a public road.
(2) Caretaker quarters. A caretaker quarters may be provided within the principal building as an accessory dwelling unit, or on the lot of record as a detached single-unit dwelling.
(3) Location. A commercial horse boarding and/or equine operation shall be located within an NYS-certified agricultural district.
(4) Minimum lot area. A commercial horse boarding and/or equine operation shall be located on a lot of record that has a minimum lot area of seven acres pursuant to § 301 of the Agriculture and Markets Law of NYS, as currently in effect and as hereafter amended from time to time.

350 Figure 65 Site Plan of Commercial Horse Boarding.tif

Figure 65 - Site Plan of a Commercial Horse Boarding and/or Equine Operation

C. Farm stand. Farm stands operated in conjunction with a farm operation are permitted, provided that such use meets all of the following standards:

(1) Access. Access to a farm stand shall only be taken from a public road.
(2) Safety. Safe ingress and egress from a farm stand shall be required, including the provision of adequate pulloff areas and/or parking space for at least one vehicle.
(3) Setback. A farm stand shall be set back a minimum of 10 feet from a road and its associated right-of-way.

D. Farm waste energy system.

(1) Intent. The intent of this subsection is to:

(a) Ensure that an owner has assistance in design, placement and materials used to construct an farm waste energy system; and
(b) Protect groundwater resources and water bodies within the Town; and
(c) Protect the health, welfare and safety of the public.

(2) Location. A farm waste energy system is only permitted at a farm operation located within an NYS-certified agricultural district.
(3) NYS Real Property Tax Law exemption. The Town exercises its right to opt out of the tax exemption provisions of § 487 of the Real Property Tax Law of NYS, as currently in effect and as hereafter amended from time to time.
(4) Registered design professional. The design of a farm waste energy system shall be prepared and sealed by a registered design professional. Exemption(s):

(a) The design of a farm waste energy system that has obtained approval from the NYSDEC (e.g., solid waste and air pollution control permits) shall not be required to prepared and sealed by a registered design professional unless required otherwise by such state department. A copy of applicable NYSDEC approval shall be submitted for the Town to permit such exemption.

(5) Setbacks. A farm waste energy system shall be:

(a) Located a minimum of 100 feet from a road right-of-way;
(b) Located a minimum of 100 feet from a residential or nonagricultural structure, well, watercourse or water body.

(6) Use classification. A farm waste energy system shall be classified as an accessory use to a farm operation.

350 Figure 66 Farm Wsate Energy System.tif

Figure 66 - Farm Waste Energy System

E. Nursery. A nursery dealer or nursery grower shall be registered with NYSDAM as prescribed by Article 14 of the Agriculture and Markets Law of NYS, as currently in effect and as hereafter amended from time to time.

Farm operation, excluding livestock

Shall bear the same meaning as farm operation that is defined in 301 of the Agriculture and Markets Law of NYS, as currently in effect and as hereafter amended from time to time.

Districts Where Allowed Districts where use is allowed: HA, LREC, LRES

Vehicle Parking:
See § 350-39: Parking and loading spaces for detailed information.

Development Requirements:
A. Agricultural manure storage facility.

(1) Intent. The intent of this subsection is to:

(a) Ensure that an owner has assistance in design, placement and materials used to construct an agricultural manure storage facility; and
(b) Protect groundwater resources and water bodies within the Town; and
(c) Protect the health, welfare and safety of the public.

(2) Location. An agricultural manure storage facility is only permitted at a farm operation located within an NYS-certified agricultural district.
(3) Design. Upon receipt of an application for an agricultural manure storage facility, the designated approval authority shall transmit such application and its site plan to YCSWCD for its recommendations. The owner shall comply with any recommendation of YCSWCD. Exemption(s):

(a) The design of an agricultural manure storage facility that is prepared and sealed by a registered design professional shall not be required to be transmitted to YCSWCD.

(4) Setbacks. An agricultural manure storage facility shall be:

(a) Located a minimum of 100 feet from a road right-of-way;
(b) Located a minimum of 100 feet from a residential or nonagricultural structure, well, watercourse or water body.

(5) Use classification. An agricultural manure storage facility shall be classified as a customarily accessory use to a farm operation.

Figure 64 - Agricultural Manure Storage Facility

B. Commercial horse boarding and/or equine operation.

(1) Access. Access to a commercial horse boarding and/or equine operation shall only be taken from a public road.
(2) Caretaker quarters. A caretaker quarters may be provided within the principal building as an accessory dwelling unit, or on the lot of record as a detached single-unit dwelling.
(3) Location. A commercial horse boarding and/or equine operation shall be located within an NYS-certified agricultural district.
(4) Minimum lot area. A commercial horse boarding and/or equine operation shall be located on a lot of record that has a minimum lot area of seven acres pursuant to § 301 of the Agriculture and Markets Law of NYS, as currently in effect and as hereafter amended from time to time.

Figure 65 - Site Plan of a Commercial Horse Boarding and/or Equine Operation

C. Farm stand. Farm stands operated in conjunction with a farm operation are permitted, provided that such use meets all of the following standards:

(1) Access. Access to a farm stand shall only be taken from a public road.
(2) Safety. Safe ingress and egress from a farm stand shall be required, including the provision of adequate pulloff areas and/or parking space for at least one vehicle.
(3) Setback. A farm stand shall be set back a minimum of 10 feet from a road and its associated right-of-way.

D. Farm waste energy system.

(1) Intent. The intent of this subsection is to:

(a) Ensure that an owner has assistance in design, placement and materials used to construct an farm waste energy system; and
(b) Protect groundwater resources and water bodies within the Town; and
(c) Protect the health, welfare and safety of the public.

(2) Location. A farm waste energy system is only permitted at a farm operation located within an NYS-certified agricultural district.
(3) NYS Real Property Tax Law exemption. The Town exercises its right to opt out of the tax exemption provisions of § 487 of the Real Property Tax Law of NYS, as currently in effect and as hereafter amended from time to time.
(4) Registered design professional. The design of a farm waste energy system shall be prepared and sealed by a registered design professional. Exemption(s):

(a) The design of a farm waste energy system that has obtained approval from the NYSDEC (e.g., solid waste and air pollution control permits) shall not be required to prepared and sealed by a registered design professional unless required otherwise by such state department. A copy of applicable NYSDEC approval shall be submitted for the Town to permit such exemption.

(5) Setbacks. A farm waste energy system shall be:

(a) Located a minimum of 100 feet from a road right-of-way;
(b) Located a minimum of 100 feet from a residential or nonagricultural structure, well, watercourse or water body.

(6) Use classification. A farm waste energy system shall be classified as an accessory use to a farm operation.

Figure 66 - Farm Waste Energy System

E. Nursery. A nursery dealer or nursery grower shall be registered with NYSDAM as prescribed by Article 14 of the Agriculture and Markets Law of NYS, as currently in effect and as hereafter amended from time to time.

Farm worker housing unit

A dwelling unit located on an active farm operation located in an NYS-certified agricultural district that is accessory to such operation and is occupied by employees of the farm, members of the farm household and/or their guests.

Vehicle Parking:
See § 350-39: Parking and loading spaces for detailed information.

Development Requirements:
A. Floor area. All dwelling units shall conform to the occupancy limitations prescribed in the Uniform Code. However, a dwelling unit shall not be less than 800 square feet in net floor area. Exemption(s):

(1) Accessory dwelling unit. An accessory dwelling unit is permitted to have a minimum net floor area as prescribed in this chapter.
(2) Caretaker quarters. A caretaker quarters is permitted to have a minimum net floor area of 400 square feet.
(3) Dwelling unit at an extended stay hotel. A dwelling unit at an extended stay hotel is permitted to have a minimum net floor area of 400 square feet.

B. Foundation. All dwelling units shall be constructed or placed upon and anchored to a foundation that complies with the applicable provisions of the Uniform Code. In the event that a dwelling unit is a manufactured home, it shall be installed and anchored pursuant to the manufacturer's installation instructions and the applicable regulations of the Uniform Code, and none of the undercarriage shall be visible from outside the manufactured home.

C. Farm worker housing unit.

(1) Compliance with the Sanitary Code. A farm worker housing unit shall comply with Part 15 of the Sanitary Code of NYS, as currently in effect and as hereafter amended from time to time, if such state regulation is applicable. Where, in any specific case, conflicts occur between provisions of this chapter and such state law, the more restrictive requirement shall govern.
(2) NYS-certified agricultural district. Farm worker housing units shall be permitted at farm operations located in an NYS-certified agricultural district and shall be classified as an accessory use. Any farm worker housing unit that has not been used for such purposes for three or more years shall be removed from the lot of record.

D. Manufactured home.

(1) General. The provisions contained within this section are intended to serve as supplemental requirements to the Uniform Code in order to protect the public health, safety and the general welfare insofar as they are affected by the installation of manufactured homes. The regulations shall supplement and not replace the applicable provisions established within the Uniform Code. Lastly, the more restrictive provision shall apply where conflicts occur between provisions of this section, the Uniform Code or and other applicable law.
(2) Age. Except on the conditions specified herein, no certificate or permit shall be issued for any manufactured home built more than five years from the application date of such certificate or permit. However, such period of time may be extended upon the submission of a written report prepared and sealed by a registered design professional that the manufactured home conforms to all of the following criteria:

(a) Is not greater than 10 years in age.
(b) Conforms to the standards prescribed in the Uniform Code.

(3) Use. A manufactured home shall be used in accordance to the manufacturer's design and specifications. For example, a manufactured home designed in accordance with the Manufactured Home Construction and Safety Standards (AKA, the "HUD Code"), as currently in effect and as hereafter amended from time to time, is only permitted to be used as a single-unit dwelling.

E. Mobile home. The new installation of a mobile home shall be prohibited in the Town but existing mobile homes are allowed to remain but shall be classified as a nonconforming use.

F. Multiple-unit dwelling.

(1) Access. Access to a multiple-unit dwelling shall only be taken from a public road.
(2) Compliance with the law. A multiple-unit dwelling shall comply with the applicable provisions of the Energy Code, Multiple Residence Law of NYS, Uniform Code and/or any other applicable law.
(3) Number of dwelling units. A maximum of 10 dwelling units shall be permitted at each multiple-unit dwelling.

Fences

Any man-made structure, regardless of composition, that prohibits or inhibits unrestricted travel or view between properties or portions of properties or between the street or public right-of-way and a property.

Fraternity and/or sorority

A building containing sleeping rooms, bathrooms, common rooms, and a central kitchen and dining room maintained exclusively for fraternity or sorority members and their guests and visitors and affiliated with a higher education school.

Funeral establishment

Shall bear the same meaning as funeral establishment that is defined in 3400 of the Public Health Law of NYS, as currently in effect and as hereafter amended from time to time.

Districts Where Allowed Districts where use is allowed: CO Districts where use may be allowed with Special Use Permit: HA

Vehicle Parking:
1 per 6 occupants at maximum capacity
See § 350-39: Parking and loading spaces for detailed information.

Development Requirements:
A. Access. Access to a funeral establishment shall only be taken from a public road.

B. Buffer and landscaping. A landscaping plan, which includes sizes and types of vegetation, shall be submitted for review and approval. This plan shall include a buffer located adjacent to all contiguous lots of record containing a residential use. No recreational activities, parking and/or structures shall be allowed in this buffer.

C. Caretaker quarters. A caretaker quarters may be provided within the principal building as an accessory dwelling unit, or on the lot of record as a detached single-unit dwelling.

D. Compliance with the Sanitary Code. A funeral establishment shall comply with § 77.7 of the Sanitary Code of NYS, as currently in effect and as hereafter amended from time to time. Where, in any specific case, conflicts occur between provisions of this chapter and such state law, the more restrictive requirement shall govern.

Group family day care home

Shall bear the same meaning as group family day care home that is defined in 18 NYCRR, Chapter II, Subchapter C, Article 2, Part 413, Section 413.2(b)(3), as currently in effect and as hereafter amended from time to time.

Home occupation

An occupation or business use that results in a product or service for financial gain and is conducted in whole or in part in a single-unit dwelling or an accessory structure that is an accessory use to such dwelling.

Districts Where Allowed Districts where use may be allowed as an accessory use: AG, AR, CO, HA, LCOM

Vehicle Parking:
2 plus any dwelling unit requirements
See § 350-39: Parking and loading spaces for detailed information.

Development Requirements:
A. Intent. The Town recognizes the need to establish regulations pertaining to home occupations as a result of increased opportunities and requirements to work at home. Home occupations will particularly benefit individuals with physical disabilities, as well as those having to care for children or the elderly within their home. The Town also recognizes the potential benefits to the local community that could be realized by those seeking services or goods supplied through home occupations. For these reasons, it is the intent of this section to establish regulations which will permit home occupations in a manner which will preserve the peace, quiet, and tranquility of the community and to ensure the compatibility of such uses with other uses permitted within the same zoning district.

B. Uses permitted as a home occupation. Home occupations shall include but are not limited to the following uses:

(1) Artists and sculptors.
(2) Cabinet and furniture making as well as other types of fine woodworking.
(3) Computer programming and support.
(4) Contracting, masonry, plumbing or painting, or other contracting services. However, the storage of equipment and materials at the exterior property areas (i.e., not in an enclosed structure) is not permitted.
(5) Clothing, repair and sales.
(6) Direct sale product distribution (Amway, Avon, Jaffra, Mary Kay, Tupperware, etc.), provided there is no production on the premises.
(7) Drafting and graphic services.
(8) Dressmaking, sewing, tailoring and contract sewing.
(9) Flower arranging.
(10) Gunsmith, who shall be licensed by the ATF. A copy of such license shall be submitted to the Town to document compliance with this subsection.
(11) Hair cutting and styling.
(12) Home cooking and preserving.
(13) Homebound employment of an emotionally, mentally and/or physically handicapped person who is unable to work away from home by reason of his or her disability.
(14) Home crafts, including ceramics with kiln up to six cubic feet, jewelry making, basketry, etc.
(15) Household items, repair and sales.
(16) Locksmith.
(17) Maintenance and repair of equipment, engines, tools and/or vehicles not requiring registration with NYS.
(18) Music composing or instruction.
(19) Pet grooming.
(20) Professional office (e.g., attorney at law, dentist, doctor, financial consultant, insurance agent, real estate agent, registered design professional, etc.).
(21) Quilting.
(22) Saw, scissors, and blade sharpening.
(23) Tailoring.
(24) Television, radio, electronics, and appliance repair.
(25) Tradesman's shop (e.g., carpentry shop, machine shop, welding shop, etc.).
(26) Tutoring, provided that instruction is not given to more than four students at a time, except for occasional groups.
(27) Watch repair.
(28) Other similar uses which have been determined, in the opinion of the Code Enforcement Officer, to meet the intent of this section but shall not be a use prohibited as a home occupation as prescribed herein.

C. Uses prohibited as a home occupation. The following uses by the nature of the investment or operation have a pronounced tendency once started to rapidly increase beyond the limits permitted for home occupations and thereby impair the use and values of the dwelling and are more suited to a commercial or industrial use defined by this chapter. Therefore, the following uses shall be prohibited as a home occupation:

(1) Ambulance service.
(2) Cannabis retail dispensary.
(3) Cultural and/or fraternal activity.
(4) Funeral establishment, hearse service.
(5) Junkyards.
(6) Kennels.
(7) Laundromats and dry cleaning.
(8) Limousine or taxi services that exceed more than one vehicle.
(9) Maintenance and repair of equipment, engines, tools and/or vehicles requiring registration with NYS.
(10) Medical marijuana dispensary.
(11) Place of worship.
(12) Tow truck services.
(13) Tractor trailer operations or parking.
(14) Uses intended for food and/or drink consumption (e.g., bars, night clubs, restaurants, taverns, etc.).
(15) Veterinary facility.
(16) Other similar uses which may, in the opinion of the Code Enforcement Officer, result in a significant adverse impact to the residential use of the subject lot of record or the community.

D. Standards. A home occupation shall comply with the following standards:

(1) Access to a home occupation shall only be taken from a public road.
(2) A home occupation shall be conducted in whole or in part in a single-unit dwelling or an accessory structure that is incidental and subordinate to such dwelling.
(3) No exterior evidence of the presence of a home occupation shall be permitted except as permitted in this section; nor shall the presence of such incidental and subordinate use change the exterior character of the single-unit dwelling.
(a) A home occupation shall not have any outdoor retail sales and/or outdoor storage.
(b) No goods, stock-in-trade, or other commodities and/or services may be displayed outside a fully enclosed structure.
(4) The owner shall have his/her/their permanent place of abode at the subject lot of record in accordance with the records of the Town Assessor and shall be the owner/operator of the home occupation.
(5) Only members of the family residing in the same single-unit dwelling and not more than one other employee shall be employed in the operation of a home occupation.
(6) Not more than one home occupation shall be permitted at a lot of record.
(7) A home occupation located within a single-unit dwelling shall not exceed 50% of the gross floor area of such dwelling. However, a home occupation located in an accessory structure is permitted to occupy the entire structure, but shall comply with the applicable provisions of this chapter and any other applicable law.
(8) Inventory and supplies shall not occupy more than 50% of the gross floor area permitted for a home occupation.
(9) No traffic shall be generated in substantially greater volumes than would normally be expected from a single-unit dwelling (i.e., a maximum of 10 vehicle trips per day per ITE Trip Generation, 10th edition).
(10) A home occupation shall not involve a high hazard (Group H) occupancy as defined by the Uniform Code.
(11) Adequate provisions shall be made for water, wastewater and the disposal of solid waste, in accordance with any applicable law.
(12) In no case shall a home occupation be open to the public at times earlier than 7:00 a.m. nor later than 7:00 p.m.
(13) A home occupation shall be permitted to have one sign that conforms to the following:

(a) A sign for a home occupation shall not be illuminated; and
(b) A sign for a home occupation shall have a maximum sign area of 16 square feet; and
(c) A sign for a home occupation shall have a maximum height of six feet.

Hospice

Shall bear the same meaning as hospice and hospice residence that are defined in Article 40 of the Public Health Law of NYS, as currently in effect and as hereafter amended from time to time.

Districts Where Allowed Districts where use is allowed: CO Districts where use may be allowed with Special Use Permit: AG, AR, HA

Vehicle Parking:
1 per 4 beds plus 1 per employee during largest working shift
See § 350-39: Parking and loading spaces for detailed information.

Development Requirements:
A. Access. Access to a hospice shall only be taken from a public road.

B. Buffer and landscaping. A landscaping plan, which includes sizes and types of vegetation, shall be submitted for review and approval. This plan shall include a buffer located adjacent to all contiguous lots of record containing a residential use. No recreational activities, parking and/or structures shall be allowed in this buffer.

C. Caretaker quarters. A caretaker quarters may be provided within the principal building as an accessory dwelling unit, or on the lot of record as a detached single-unit dwelling.

D. Compliance with Public Health Law. A hospice shall comply with Article 40 of the Public Health Law of NYS, as currently in effect and as hereafter amended from time to time. Where, in any specific case, conflicts occur between provisions of this chapter and such state law, the more restrictive requirement shall govern.

Hospital

A heavy commercial use providing primary health services as well as medical and surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity, and other abnormal physical or mental conditions and including as an integral part of the institution related facilities, such as but not limited to laboratories, outpatient facilities, training facilities, medical offices, and staff residences.

Hotel

A building, or any part thereof, that contains sleeping units for transient occupancy; sleeping units face inward with doors opening to interior hallways, a common exterior entrance or entrances (e.g., main lobby) and typically contains one or more additional services, such as but not limited to restaurants, meeting rooms, and recreational facilities intended for use by the hotel's guests.

Districts Where Allowed Districts where use may be allowed with Special Use Permit: CO, LCOM

Vehicle Parking:
1 per unit plus 1 per employee during largest working shift
See § 350-39: Parking and loading spaces for detailed information.

Development Requirements:
A. Access. Access to a hotel shall only be taken from a public road.

B. Accessory uses. Accessory uses associated with a hotel, which are but shall not be limited to a restaurant, cafeteria, swimming pool and health facility, newsstand, pharmacy, barbershop, hairdresser, gift shop and other personal service shops for the convenience of guests, shall be classified as an customarily accessory use and shall be permitted.

C. Buffer and landscaping. A landscaping plan, which includes sizes and types of vegetation, shall be submitted for review and approval. This plan shall include a buffer located adjacent to all contiguous lots of record containing a residential use. No recreational activities, parking and/or structures shall be allowed in this buffer.

D. Caretaker quarters. A caretaker quarters may be provided within the principal building as an accessory dwelling unit or on the lot of record as a detached single-unit dwelling.

E. Compliance with the Sanitary Code. A hotel shall comply with Part 7, specifically Subpart 7-1, of the Sanitary Code of NYS, as currently in effect and as hereafter amended from time to time. Where, in any specific case, conflicts occur between provisions of this chapter and such state law, the more restrictive requirement shall govern.

F. Minimum lot area. A hotel shall be located on a lot of record with a lot area of five acres or more.

Hotel, extended stay

A hotel that contains one or more dwelling units for transient occupancy.

Districts Where Allowed Districts where use may be allowed with Special Use Permit: CO, LCOM

Vehicle Parking:
1 per unit plus 1 per employee during largest working shift
See § 350-39: Parking and loading spaces for detailed information.

Development Requirements:
This use shall conform to the standards for a hotel as well as the following additional standards:

A. Cooking facilities. Each unit having cooking facilities shall be required to install electrical cooking devices that are equipped with a maximum sixty-minute automatic power off-timer.

B. Maximum stay for individual guest. No individual guests shall register, reside in, or occupy any dwelling unit within an extended stay hotel for more than a ninety-day period.

A dwelling unit at an extended stay hotel is permitted to have a minimum net floor area of 400 square feet.

Industrial, heavy

An industrial use where any portion of the processing, fabricating, assembly, or disassembly takes place within an enclosed building and/or outside or in an open structure. Typical items for processing, fabricating, assembly, or disassembly include, but shall not be limited to, exploration and/or extraction of natural resources (e.g., mining), high volume water withdrawal systems, solid waste transfer stations, steel manufacturing, underground natural gas storage facilities and other related uses, particularly those that require very large buildings, heavy volumes of truck traffic for supplies or shipments, or that may require substantial mitigation to avoid a significant adverse impact to the operational performance standards prescribed in this chapter.

Districts Where Allowed Districts where use may be allowed with Special Use Permit: LI

Vehicle Parking:
1 per each employee during largest working shift
See § 350-39: Parking and loading spaces for detailed information.

Development Requirements:
A. Access. Access to an industrial use, whether heavy or light, shall only be taken from a public road.

B. Buffer and landscaping. A landscaping plan, which includes sizes and types of vegetation, shall be submitted for review and approval. This plan shall include a buffer located adjacent to all contiguous lots of record containing a residential use. No recreational activities, parking and/or structures shall be allowed in this buffer.

C. Food processing establishment and commissary.

(1) Access. Access to a food processing establishment and commissary shall only be taken from a public road.
(2) Use classification. A food processing establishment and commissary shall be classified as a light industrial use for the purposes of this chapter.
(3) Caretaker quarters. A caretaker quarters may be provided within the food processing establishment and commissary as an accessory dwelling unit, or on the lot of record as a detached single-unit dwelling.
(4) Compliance with the Sanitary Code. A food processing establishment and commissary shall comply with Part 14 of the Sanitary Code of NYS, as currently in effect and as hereafter amended from time to time. Where, in any specific case, conflicts occur between provisions of this chapter and such state law, the more restrictive requirement shall govern.

D. High volume water withdrawal system.

(1) Compliance with 6 NYCRR Part 601. A high volume water withdrawal system shall comply with 6 NYCRR Part 601, Water Withdrawal Permitting, Reporting and Registration, as currently in effect and as hereafter amended from time to time.
(2) Use classification. A high volume water withdrawal system shall be classified as a heavy industrial use for the purposes of this chapter.
(3) Town Engineer. An application for a high volume water withdrawal system shall be reviewed by the Town Engineer prior to any determination by the designated approval authority.

E. Mining.

(1) Intent. These standards shall apply to any new mining activities in the Town that are not subject to the jurisdiction of Article 15 of the Environmental Conservation Law of NYS or to the Public Lands Law of NYS, as currently in effect and as hereafter amended from time to time.
(2) Use classification. Mining shall be classified as a heavy industrial use for the purposes of this chapter.
(3) Town Engineer. An application for any new mining activities in the Town shall be reviewed by the Town Engineer prior to any determination by the designated approval authority.
(4) Application. In addition to the application requirements for a special use permit as prescribed by this chapter, the owner shall submit all of the following additional information:

(a) A survey, which shall be prepared and sealed by a land surveyor, of the entire site on which the mining activity is proposed showing topography, the locations of all streams, wetlands and other bodies of water and existing vegetation.
(b) A site plan, which shall be prepared and sealed by a registered design professional, showing the lands to be mined, all proposed buildings or structures, equipment, parking or storage areas, access roadways and all required buffer areas and visual barriers.
(c) A mined land use plan that is in compliance with § 23-2713 of the Environmental Conservation Law of NYS, as currently in effect and as hereafter amended from time to time. If the proposed mining activities are not applicable to such law, the provisions of this section of state law shall still be satisfied but the designated approval authority shall be substituted for the term "department."
(d) Information shall be prepared and sealed by a registered design professional as it pertains to the width, bearing capacity and type of road surface of all Town roads proposed to be used by truck traffic to or from the site and the nearest county or state highway, and the weight of the vehicles using the facility.
(e) Any other information deemed reasonable and necessary by the designated approval authority.

(5) Standards.

(a) Access.

[1] Vehicular access shall be so arranged as to minimize danger and congestion along adjoining roads and to avoid the creation of nuisances to nearby lands. Access drives used by trucks shall only intersect with a county- or NYS-designated road.
[2] All vehicular access shall be designed and located so as to permit the following minimum sight distances measured from a point at least 10 feet behind the curbline or edge of the right-of-way of an intersecting public road. No sight obstructions shall be permitted which are greater than three feet or less than 10 feet above the road's surface.

Table 3 — Sight Distances
Speed Limitation on Public Road (mph)	Required Sight Distance (feet)
25	250
30	275
35	315
40	350
45	426
50	475
55	550

[3] The design of all vehicular access shall be prepared and sealed by a registered design professional and such design shall comply with the applicable requirements for a fire apparatus access road prescribed in the Uniform Code.
[4] In general, vehicular access shall intersect public roads at 90° as site conditions permit, however in no case shall access drives intersect public roads at less than 70°. Such angle shall be measured from the center line of the public road to the center line of the access drive.

(b) Fencing. In order to protect life and safety, a fence measuring at least six feet in height shall enclose all mining activities. If a chain-link fence is used, such fence shall include a vegetative screen that is provided along the outside of the fence.
(c) Financial security for reclamation. The owner shall provide evidence that the financial security for reclamation as prescribed by § 23-2715 of the Environmental Conservation Law of NYS, as currently in effect and as hereafter amended from time to time, has been provided. If the proposed mining activities are not applicable to such law, the provisions of this section of state law shall still be satisfied but the designated approval authority shall be substituted for the term "department." Lastly, the designated approval authority shall determine the amount, condition, and terms of the financial security based on the written recommendations of the Town Attorney and Town Engineer.
(d) Minimum lot area. A lot of record containing a mining activity shall have a minimum lot area of 25 acres.
(e) Screening. Where a lot of record containing a mining activity is contiguous to a boundary of a zoning district, a lot of record containing an existing residential use and/or a public road, screening shall be provided that is comprised of an earthen berm at least 10 feet in height. Such berm shall be located on the lot of record containing the mining activity and placed so as to maximize the berm's ability to absorb and/or block views of and/or noise, dust, smoke, etc., generated by the mining activities. The berm shall also be completely covered and maintained with an approved vegetative ground cover. In addition, a landscape screen shall also be provided atop of such berm. The landscape screen shall consist of evergreen shrubs and trees arranged to form both a low-level and a high-level screen within a strip of land with a minimum width of 10 feet. The high-level screen shall consist of evergreen trees of not less than five feet in height at the time of planting that shall be planted at intervals of not more than 10 feet. The low-level screen shall consist of evergreen shrubs of not less than three feet in height at the time of planting that shall be planted at intervals of not more than five feet. The landscape screen shall be permanently maintained.
(f) Setbacks.

[1] Any excavation or quarry wall, and any equipment used for rock, gravel, soil or mineral crushing or other processing, shall be located a minimum of 250 feet from a contiguous lot of record or public road, which the later shall include its right-of-way.
[2] No internal roadways (AKA "private roads") within the lot of record shall be closer than 200 feet from contiguous lot of record.
[3] No buildings or structures, equipment, parking spaces or storage areas shall be closer than 100 feet from a contiguous lot of record or public road, which the later shall include its right-of-way.
[4] No mining activities, buildings, structures, parking areas, equipment or production storage areas shall be located within 100 feet from a stream or any wetland as defined by local, state or federal law.

(g) Traffic impact. The owner proposing a mining activity at a lot of record shall submit a traffic impact study prepared and sealed by a registered design professional. Furthermore, such owner shall comply with the applicable provisions of the Highways and Private Roads Law of the Town, as currently in effect and as hereafter amended from time to time,which may require such owner to submit additional information in order to obtain a highway preservation use and repair permit. Lastly, the owner shall submit evidence that approval has been obtained from the AHJ (e.g., Highway Superintendent of the County, NYSDOT, etc.) as it pertains to the use of other public roads for the mining activity.

F. Underground gas storage facility.

(1) Use classification. An underground gas storage facility shall be classified as a heavy industrial use for the purposes of this chapter.
(2) Town Engineer. An application for an underground gas storage facility shall be reviewed by the Town Engineer prior to any determination by the designated approval authority.
(3) NYSDEC. Approvals such as but not limited to a well permit and underground storage permit are required to be issued by the NYSDEC prior to the commencement of operations and/or work for an underground gas storage facility. A copy of such approvals shall be submitted to the Town.

G. Prohibited industrial uses. The following industrial uses are prohibited in the Town:

(1) Acetylene gas manufacture for commercial purposes.
(2) Ammonia, chlorine and/or bleaching powder manufacture.
(3) Arsenal.
(4) Asphalt manufacture and/or refining.
(5) Blast furnace, not including cupola and/or converter furnaces used in foundries and/or inverter furnaces used in foundries and in which no wood is used as fuel.
(6) Boiler shops, structural steel fabricating shops, metalworking shops, which operate reciprocating hammers and/or chisels and/or other noise-producing electric and/or pneumatic tools within 100 feet of any contiguous lot of record and outside of any masonry buildings.
(7) Bronze and/or aluminum powder manufacture.
(8) Carbon, lampblack, shoe blacking, graphite and/or stove polish manufacture.
(9) Celluloid and/or other cellulose products manufacture.
(10) Coal tar products manufacture.
(11) Creosote treatment and/or manufacture.
(12) Disinfectant and/or insecticide manufacture.
(13) Disposal, storage and/or treatment of natural gas and/or petroleum exploration, extraction and/or production materials by high volume hydraulic fracturing.
(14) Disposal, storage and/or treatment of natural gas and/or petroleum exploration, extraction and production wastes by hydraulic fracturing.
(15) Disposal of radioactive material.
(16) Distillation of coal, wood and/or bones.
(17) Excelsior and/or fiber manufacture.
(18) Exploration for or extraction of natural gas and/or petroleum by high volume hydraulic fracturing.
(19) Explosives, fireworks and/or match manufacture, assembling or storage in bulk, except the manufacture, assembling and/or storage in bulk of safety matches in book form.
(20) Fat rendering.
(21) Fertilizer manufacture and/or potash refining.
(22) Glue and/or gelatin manufacturing and/or processing involving recovering from fish and/or animal offal.
(23) Incinerator, unless operated by the Town.
(24) Lime, gypsum, cement, plaster and/or plaster of paris manufacture, except the mixing of plaster.
(25) Linoleum and/or oil cloth manufacture.
(26) Natural gas and/or petroleum support activities for high volume hydraulic fracturing.
(27) Natural gas and/or petroleum wastes dump.
(28) Ore reduction and/or the smelting of iron, copper, tin, zinc and/or lead.
(29) Paint, oil varnish, turpentine, shellac and/or enamel manufacture, except the mixing of wet paints.
(30) Perfume and/or extract manufacture.
(31) Petroleum refining.
(32) Poisons manufacture, fumigates, carbon disulphide, hydrocyanic acid, ethyl, stomach poisons, arsenate of lead, arsenate of calcium, hellebore and/or paris green, contact insecticides, lime, sulfur, nicotine and/or kerosene emulsions.
(33) Printing ink manufacture.
(34) Radium extraction.
(35) Solid waste management facility.
(36) Storage, coloring, curing, dressing and/or tanning of raw, green salted hides and/or skins.
(37) Rubber caoutchouc and/or gutta percha manufacture from crude and/or scrap material, except in connection with a rubber products manufacture plant.
(38) Soap, soda ash and/or washing compound manufacture, except products not containing caustic soda.
(39) Starch, glucose and/or dextrine manufacture.
(40) Sulfurous, sulfuric, nitric, picric and/or hydrochloric acid and/or other corrosive and/or offensive acid manufacture and/or their use and/or storage, except on a limited scale as accessory to a permitted industry.
(41) Tallow, grease, lard and/or candle manufacture and/or refining.
(42) Tar distillation and/or the manufacture of aniline dyes.
(43) Tar roofing and/or waterproofing manufacture, except where the tar and/or asphalt is treated at a temperature under 100° F.
(44) Wool pulling and/or scouring, except in connection with a woolen mill.
(45) Yeast manufacture.

Industrial, light

An industrial use where all processing, fabricating, assembly, or disassembly of items takes places wholly within an enclosed building, serviced by a low to medium volume of vehicles and imposes a negligible impact on the operational performance standards prescribed in this chapter. Typical items for processing, fabricating, assembly, or disassembly tend to be targeted toward the end consumers rather than other businesses, such as, but shall not be limited to, clothing manufacturing, consumer electronics manufacturing, food processing establishments and commissaries, pharmaceuticals and other related uses, particularly those that require a low to medium volume of truck traffic for supplies or shipments and will not create a significant adverse impact to the operational performance standards prescribed in this chapter.

Districts Where Allowed Districts where use is allowed: LI

Vehicle Parking:
1 per each employee during largest working shift
See § 350-39: Parking and loading spaces for detailed information.

Development Requirements:
A. Access. Access to an industrial use, whether heavy or light, shall only be taken from a public road.

B. Buffer and landscaping. A landscaping plan, which includes sizes and types of vegetation, shall be submitted for review and approval. This plan shall include a buffer located adjacent to all contiguous lots of record containing a residential use. No recreational activities, parking and/or structures shall be allowed in this buffer.

C. Food processing establishment and commissary.

(1) Access. Access to a food processing establishment and commissary shall only be taken from a public road.
(2) Use classification. A food processing establishment and commissary shall be classified as a light industrial use for the purposes of this chapter.
(3) Caretaker quarters. A caretaker quarters may be provided within the food processing establishment and commissary as an accessory dwelling unit, or on the lot of record as a detached single-unit dwelling.
(4) Compliance with the Sanitary Code. A food processing establishment and commissary shall comply with Part 14 of the Sanitary Code of NYS, as currently in effect and as hereafter amended from time to time. Where, in any specific case, conflicts occur between provisions of this chapter and such state law, the more restrictive requirement shall govern.

D. High volume water withdrawal system.

(1) Compliance with 6 NYCRR Part 601. A high volume water withdrawal system shall comply with 6 NYCRR Part 601, Water Withdrawal Permitting, Reporting and Registration, as currently in effect and as hereafter amended from time to time.
(2) Use classification. A high volume water withdrawal system shall be classified as a heavy industrial use for the purposes of this chapter.
(3) Town Engineer. An application for a high volume water withdrawal system shall be reviewed by the Town Engineer prior to any determination by the designated approval authority.

E. Mining.

(1) Intent. These standards shall apply to any new mining activities in the Town that are not subject to the jurisdiction of Article 15 of the Environmental Conservation Law of NYS or to the Public Lands Law of NYS, as currently in effect and as hereafter amended from time to time.
(2) Use classification. Mining shall be classified as a heavy industrial use for the purposes of this chapter.
(3) Town Engineer. An application for any new mining activities in the Town shall be reviewed by the Town Engineer prior to any determination by the designated approval authority.
(4) Application. In addition to the application requirements for a special use permit as prescribed by this chapter, the owner shall submit all of the following additional information:

(a) A survey, which shall be prepared and sealed by a land surveyor, of the entire site on which the mining activity is proposed showing topography, the locations of all streams, wetlands and other bodies of water and existing vegetation.
(b) A site plan, which shall be prepared and sealed by a registered design professional, showing the lands to be mined, all proposed buildings or structures, equipment, parking or storage areas, access roadways and all required buffer areas and visual barriers.
(c) A mined land use plan that is in compliance with § 23-2713 of the Environmental Conservation Law of NYS, as currently in effect and as hereafter amended from time to time. If the proposed mining activities are not applicable to such law, the provisions of this section of state law shall still be satisfied but the designated approval authority shall be substituted for the term "department."
(d) Information shall be prepared and sealed by a registered design professional as it pertains to the width, bearing capacity and type of road surface of all Town roads proposed to be used by truck traffic to or from the site and the nearest county or state highway, and the weight of the vehicles using the facility.
(e) Any other information deemed reasonable and necessary by the designated approval authority.

(5) Standards.

(a) Access.

[1] Vehicular access shall be so arranged as to minimize danger and congestion along adjoining roads and to avoid the creation of nuisances to nearby lands. Access drives used by trucks shall only intersect with a county- or NYS-designated road.
[2] All vehicular access shall be designed and located so as to permit the following minimum sight distances measured from a point at least 10 feet behind the curbline or edge of the right-of-way of an intersecting public road. No sight obstructions shall be permitted which are greater than three feet or less than 10 feet above the road's surface.

Table 3 — Sight Distances
Speed Limitation on Public Road (mph)	Required Sight Distance (feet)
25	250
30	275
35	315
40	350
45	426
50	475
55	550

[3] The design of all vehicular access shall be prepared and sealed by a registered design professional and such design shall comply with the applicable requirements for a fire apparatus access road prescribed in the Uniform Code.
[4] In general, vehicular access shall intersect public roads at 90° as site conditions permit, however in no case shall access drives intersect public roads at less than 70°. Such angle shall be measured from the center line of the public road to the center line of the access drive.

(b) Fencing. In order to protect life and safety, a fence measuring at least six feet in height shall enclose all mining activities. If a chain-link fence is used, such fence shall include a vegetative screen that is provided along the outside of the fence.
(c) Financial security for reclamation. The owner shall provide evidence that the financial security for reclamation as prescribed by § 23-2715 of the Environmental Conservation Law of NYS, as currently in effect and as hereafter amended from time to time, has been provided. If the proposed mining activities are not applicable to such law, the provisions of this section of state law shall still be satisfied but the designated approval authority shall be substituted for the term "department." Lastly, the designated approval authority shall determine the amount, condition, and terms of the financial security based on the written recommendations of the Town Attorney and Town Engineer.
(d) Minimum lot area. A lot of record containing a mining activity shall have a minimum lot area of 25 acres.
(e) Screening. Where a lot of record containing a mining activity is contiguous to a boundary of a zoning district, a lot of record containing an existing residential use and/or a public road, screening shall be provided that is comprised of an earthen berm at least 10 feet in height. Such berm shall be located on the lot of record containing the mining activity and placed so as to maximize the berm's ability to absorb and/or block views of and/or noise, dust, smoke, etc., generated by the mining activities. The berm shall also be completely covered and maintained with an approved vegetative ground cover. In addition, a landscape screen shall also be provided atop of such berm. The landscape screen shall consist of evergreen shrubs and trees arranged to form both a low-level and a high-level screen within a strip of land with a minimum width of 10 feet. The high-level screen shall consist of evergreen trees of not less than five feet in height at the time of planting that shall be planted at intervals of not more than 10 feet. The low-level screen shall consist of evergreen shrubs of not less than three feet in height at the time of planting that shall be planted at intervals of not more than five feet. The landscape screen shall be permanently maintained.
(f) Setbacks.

[1] Any excavation or quarry wall, and any equipment used for rock, gravel, soil or mineral crushing or other processing, shall be located a minimum of 250 feet from a contiguous lot of record or public road, which the later shall include its right-of-way.
[2] No internal roadways (AKA "private roads") within the lot of record shall be closer than 200 feet from contiguous lot of record.
[3] No buildings or structures, equipment, parking spaces or storage areas shall be closer than 100 feet from a contiguous lot of record or public road, which the later shall include its right-of-way.
[4] No mining activities, buildings, structures, parking areas, equipment or production storage areas shall be located within 100 feet from a stream or any wetland as defined by local, state or federal law.

(g) Traffic impact. The owner proposing a mining activity at a lot of record shall submit a traffic impact study prepared and sealed by a registered design professional. Furthermore, such owner shall comply with the applicable provisions of the Highways and Private Roads Law of the Town, as currently in effect and as hereafter amended from time to time,which may require such owner to submit additional information in order to obtain a highway preservation use and repair permit. Lastly, the owner shall submit evidence that approval has been obtained from the AHJ (e.g., Highway Superintendent of the County, NYSDOT, etc.) as it pertains to the use of other public roads for the mining activity.

F. Underground gas storage facility.

(1) Use classification. An underground gas storage facility shall be classified as a heavy industrial use for the purposes of this chapter.
(2) Town Engineer. An application for an underground gas storage facility shall be reviewed by the Town Engineer prior to any determination by the designated approval authority.
(3) NYSDEC. Approvals such as but not limited to a well permit and underground storage permit are required to be issued by the NYSDEC prior to the commencement of operations and/or work for an underground gas storage facility. A copy of such approvals shall be submitted to the Town.

G. Prohibited industrial uses. The following industrial uses are prohibited in the Town:

(1) Acetylene gas manufacture for commercial purposes.
(2) Ammonia, chlorine and/or bleaching powder manufacture.
(3) Arsenal.
(4) Asphalt manufacture and/or refining.
(5) Blast furnace, not including cupola and/or converter furnaces used in foundries and/or inverter furnaces used in foundries and in which no wood is used as fuel.
(6) Boiler shops, structural steel fabricating shops, metalworking shops, which operate reciprocating hammers and/or chisels and/or other noise-producing electric and/or pneumatic tools within 100 feet of any contiguous lot of record and outside of any masonry buildings.
(7) Bronze and/or aluminum powder manufacture.
(8) Carbon, lampblack, shoe blacking, graphite and/or stove polish manufacture.
(9) Celluloid and/or other cellulose products manufacture.
(10) Coal tar products manufacture.
(11) Creosote treatment and/or manufacture.
(12) Disinfectant and/or insecticide manufacture.
(13) Disposal, storage and/or treatment of natural gas and/or petroleum exploration, extraction and/or production materials by high volume hydraulic fracturing.
(14) Disposal, storage and/or treatment of natural gas and/or petroleum exploration, extraction and production wastes by hydraulic fracturing.
(15) Disposal of radioactive material.
(16) Distillation of coal, wood and/or bones.
(17) Excelsior and/or fiber manufacture.
(18) Exploration for or extraction of natural gas and/or petroleum by high volume hydraulic fracturing.
(19) Explosives, fireworks and/or match manufacture, assembling or storage in bulk, except the manufacture, assembling and/or storage in bulk of safety matches in book form.
(20) Fat rendering.
(21) Fertilizer manufacture and/or potash refining.
(22) Glue and/or gelatin manufacturing and/or processing involving recovering from fish and/or animal offal.
(23) Incinerator, unless operated by the Town.
(24) Lime, gypsum, cement, plaster and/or plaster of paris manufacture, except the mixing of plaster.
(25) Linoleum and/or oil cloth manufacture.
(26) Natural gas and/or petroleum support activities for high volume hydraulic fracturing.
(27) Natural gas and/or petroleum wastes dump.
(28) Ore reduction and/or the smelting of iron, copper, tin, zinc and/or lead.
(29) Paint, oil varnish, turpentine, shellac and/or enamel manufacture, except the mixing of wet paints.
(30) Perfume and/or extract manufacture.
(31) Petroleum refining.
(32) Poisons manufacture, fumigates, carbon disulphide, hydrocyanic acid, ethyl, stomach poisons, arsenate of lead, arsenate of calcium, hellebore and/or paris green, contact insecticides, lime, sulfur, nicotine and/or kerosene emulsions.
(33) Printing ink manufacture.
(34) Radium extraction.
(35) Solid waste management facility.
(36) Storage, coloring, curing, dressing and/or tanning of raw, green salted hides and/or skins.
(37) Rubber caoutchouc and/or gutta percha manufacture from crude and/or scrap material, except in connection with a rubber products manufacture plant.
(38) Soap, soda ash and/or washing compound manufacture, except products not containing caustic soda.
(39) Starch, glucose and/or dextrine manufacture.
(40) Sulfurous, sulfuric, nitric, picric and/or hydrochloric acid and/or other corrosive and/or offensive acid manufacture and/or their use and/or storage, except on a limited scale as accessory to a permitted industry.
(41) Tallow, grease, lard and/or candle manufacture and/or refining.
(42) Tar distillation and/or the manufacture of aniline dyes.
(43) Tar roofing and/or waterproofing manufacture, except where the tar and/or asphalt is treated at a temperature under 100° F.
(44) Wool pulling and/or scouring, except in connection with a woolen mill.
(45) Yeast manufacture.

Junkyard

Shall be defined and regulated by the Junkyard Law of the Town of Milo (Chapter 234: Junkyards), as currently in effect and as hereafter amended from time to time.

Districts Where Allowed Districts where use may be allowed with Special Use Permit: LI

Vehicle Parking:
See § 350-39: Parking and loading spaces for detailed information.

Development Requirements:

A. Buffer and landscaping. A landscaping plan, which includes sizes and types of vegetation, shall be submitted for review and approval. This plan shall include a buffer located adjacent to all contiguous lots of record containing a residential use. No recreational activities, parking and/or structures shall be allowed in this buffer.

B. Compliance with the law. This use shall be regulated by the Junkyard Law of the Town, as currently in effect and as hereafter amended from time to time, and/or any other applicable law. (Chapter 234: Junkyards)

Kennel

Shall be defined and regulated by the Animals Law of the Town of Milo (Article III: Dog Kennels), as currently in effect and as hereafter amended from time to time.

Districts Where Allowed Districts where use may be allowed with Special Use Permit: AG

Vehicle Parking:
See § 350-39: Parking and loading spaces for detailed information.

Development Requirements:
A. Specific definitions. The following terms are specific to the use regulated by this section:

COMMERCIAL KENNEL
This term shall bear the same meaning as "commercial kennel" that is defined in the Animals Law of the Town of Milo, as currently in effect and as hereafter amended from time to time.
DOG
This term shall bear the same meaning as "dog" that is defined in the Animals Law of the Town of Milo, as currently in effect and as hereafter amended from time to time.
EXEMPT KENNEL
This term shall bear the same meaning as "exempt kennel" that is defined in the Animals Law of the Town of Milo, as currently in effect and as hereafter amended from time to time.
NONCOMMERCIAL KENNEL
This term shall bear the same meaning as "noncommercial kennel" that is defined in the Animals Law of the Town of Milo, as currently in effect and as hereafter amended from time to time.

B. Animals law. This use shall comply with the applicable provisions of the Animals Law of the Town, as currently in effect and as hereafter amended from time to time.

C. Other laws. This use shall comply with the applicable provisions of the following state and federal laws:

(1) Article 7 of the Agriculture and Markets Law of NYS, Licensing, Identification and Control of Dogs, as currently in effect and as hereafter amended from time to time.
(2) Article 26 of the Agriculture and Markets Law of NYS, Animals, as currently in effect and as hereafter amended from time to time.
(3) Article 26-A of the Agriculture and Markets Law of NYS, Care of Animals by Pet Dealers, as currently in effect and as hereafter amended from time to time.
(4) Article 35-D of the General Business Law of NYS, Sale of Dogs and Cats, as currently in effect and as hereafter amended from time to time.
(5) Title 1 NYCRR Part 65, Importation of Dogs and Cats, as currently in effect and as hereafter amended from time to time.
(6) United States Animal Welfare Act (AWA), as currently in effect and as hereafter amended from time to time.

D. Minimum lot area.

(1) Commercial kennel. The minimum lot size for a commercial kennel shall be as follows:

(a) Five to 10 dogs, each of which complies with the criteria prescribed in the definition of a "commercial kennel," shall have a minimum lot size of two acres.
(b) Eleven to 20 dogs, each of which complies with the criteria prescribed in the definition of a "commercial kennel," shall have a minimum lot size of three acres.
(c) For each additional one acre beyond three acres, an additional 10 dogs, each of which complies with the criteria prescribed in the definition of a "commercial kennel," is permitted.
(d) The minimum lot size requirements set forth herein shall be waived if the number of dogs, each of which complies with the criteria prescribed in the definition of a "commercial kennel," at a commercial kennel is deemed acceptable by NYSDAM, USDA or a veterinarian.

(2) Exempt kennel. The minimum lot size for an exempt kennel shall comply with the minimum lot size for an essential government service (e.g., municipal animal shelter) or veterinary facility as prescribed by this chapter.
(3) Noncommercial kennel. The minimum lot size for a noncommercial kennel shall comply with the minimum lot size for the applicable zoning district as prescribed by this chapter.

E. Hours of confinement. All dogs shall be confined in a fully enclosed shelter between the hours of 9:00 p.m. and 7:00 a.m.

F. Setbacks.

(1) No outdoor area enclosed by fences for the use of kennels shall be permitted within the front yard or within 50 feet of any side or rear lot line.
(2) Shelters for the use of kennels shall not be closer than 100 feet to any lot line.

G. Standard of care.

(1) State- or federal-licensed kennels. A kennel that is licensed by NYSDAM and/or the USDA shall comply with the minimum standards of care prescribed by such state and/or federal departments.
(2) Other kennels. A kennel that is not required to be licensed by NYSDAM and/or the USDA shall comply with the minimum standards of care prescribed within § 401 of the Agriculture and Markets Law of NYS regardless of whether such kennel is classified as a pet dealer as defined in § 400 of the Agriculture and Markets Law of NYS, as currently in effect and as hereafter amended from time to time.
(3) Veterinary care. All veterinary care shall be provided in accordance with Article 135 of the Education Law of NYS, as currently in effect and as hereafter amended from time to time, and the "Practice Guidelines for Veterinary Medicine and Veterinary Technology in NYS," which such guidelines were developed and approved by the NYS Board for Veterinary Medicine and the NYSED.

H. Complaints.

(1) State- or federal-licensed kennels. Complaints of cruelty, abuse, or neglect of dogs at a kennel that is required to be licensed by NYSDAM and/or the USDA shall be investigated by such state and/or federal department.
(2) Other kennels. Complaints of cruelty, abuse, or neglect of dogs at a kennel that is not required to be licensed by NYSDAM and/or the USDA shall be investigated by any police officer having jurisdiction in the Town or an agent or officer of the American Society for the Prevention of Cruelty to Animals or any duly incorporated society for the prevention of cruelty to animals, which such authority is prescribed in § 373 of the Agriculture and Markets Law of NYS, as currently in effect and as hereafter amended from time to time.

I. Assistance from a veterinarian. The Code Enforcement Officer and/or designated approval authority shall have the authority to obtain the assistance from a veterinarian as may be deemed necessary and appropriate under the circumstances. The owner shall pay any expense incurred by the Town as it pertains to such assistance.

Figure 67 - Kennel

See also: Chapter 142 Animals.

Living quarters, accessory

A portion of a principal building or an accessory structure that is used solely as a sleeping unit for the occupants of the principal building; such living quarters shall not have a kitchen and shall not be used as an independent dwelling unit.

Districts Where Allowed Districts where use may be allowed as an accessory use: AG, AR, CO, HA, LCOM Districts where use may be allowed with Special Use Permit: LRES

Vehicle Parking:
See § 350-39: Parking and loading spaces for detailed information.

Development Requirements:
Accessory living quarters shall conform to the standards pertaining to an accessory dwelling unit except for the following:

A. Construction, fire prevention and maintenance. Accessory living quarters shall not be designed as a dwelling unit since such quarters are prohibited to have a kitchen. Furthermore, accessory living quarters shall contain no more than one bedroom.

B. Net floor area. The net floor area of accessory living quarters shall not exceed 1,000 square feet.

C. Occupancy. Accessory living quarters shall only be occupied by a person(s) who is part of the group of persons occupying the principal building. For clarification purposes, the rental of a room(s) to a person(s) who is not part of a single group occupying the principal building is deemed transient by the Uniform Code since each room is occupied similar to those in a nonresidential transient occupancy, such as, but not limited to, a hotel or motel.

Manufactured housing community

A lot of record that is under the control of one owner, which such lot has been developed for the purpose of renting or leasing sites for the placement of manufactured homes.

Districts Where Allowed Districts where use may be allowed with Special Use Permit: CO, LCOM

Vehicle Parking:
2 per manufactured housing community site
See § 350-39: Parking and loading spaces for detailed information.

Development Requirements:
A. Specific definitions. The following terms are specific to the use regulated by this section:

MANUFACTURED HOUSING COMMUNITY SITE - A designated parcel of land in a manufactured housing community designed for accommodating one manufactured home, its accessory structures and accessory equipment for the exclusive use of the occupants of the manufactured home.
OPEN SPACE - Any area of land and/or water within a manufactured housing community, not individually owned or publicly dedicated, that is designed and intended for the common use or enjoyment of such community's occupants and their guests and may include recreational improvements as are necessary and appropriate. A maintenance and ownership agreement shall be prepared, approved by the Town Attorney and recorded at the Office of the County Clerk for all proposed open space. The Town shall not be held responsible for any ownership or maintenance of any proposed open space.
SERVICE BUILDING - A structure built to accommodate services for the occupants of the manufactured housing community, such as but not limited to the management office, indoor recreational facilities (e.g., gym, indoor swimming pool, etc.) and light commercial uses supplying essential goods or services (e.g., convenience store, ice cream parlor, laundry facilities, etc.). Such services may be open to the public but the structure accommodating such service shall be located so it is adjacent to a public road, separated from a manufactured housing community side by 25 feet and shall provide the minimum number of parking spaces required for such use as prescribed by this chapter.

B. Compliance with the Sanitary Code. A manufactured housing community shall comply with Part 17 of the Sanitary Code of NYS, as currently in effect and as hereafter amended from time to time, regardless of its applicability. Where, in any specific case, conflicts occur between provisions of this chapter and such state law, the more restrictive requirement shall govern.

C. Existing manufactured housing community.

(1) Classification as a nonconforming use. An existing manufactured housing community that does not meet the standards set forth in this section shall be classified as a nonconforming use.
(2) Modifications at an existing manufactured housing community. Any modifications to an existing manufactured housing community that causes a nonconforming element to become more conforming to an applicable provision of this chapter shall be permitted as a right.
(3) Replacement of a manufactured home. An existing manufactured home located at an existing manufactured housing community is permitted to be replaced without requiring nonconforming elements of such community to be rectified nor a variance approved by the designated approval authority.

D. Standards.

(1) Access. Access to a manufactured housing community shall only be taken from a public road.
(2) Buffer. A buffer shall be installed at the perimeter of a lot of record containing a manufactured housing community.
(3) Interior roads. An interior road located within a manufactured housing community shall be classified as a private road and shall be designed, constructed and maintained pursuant to law.
(4) Landscaping. A landscaping plan, which includes sizes and types of vegetation, shall be submitted for review and approval. This plan shall include a buffer located adjacent to all contiguous lots of record. No recreational activities, parking and/or structures shall be allowed in this buffer.
(5) Manufactured housing community.

(a) A manufactured housing community shall be located on a lot of record with a lot area of 20 acres or more.
(b) A manufactured housing community shall be located on a well-drained site and shall be designed and maintained as not to create a public health hazard or nuisance, and shall meet all applicable provisions of law.
(c) Any building, manufactured home and/or structure shall be set back a minimum distance of 25 feet from any of the lot lines of a lot of record whose principal use is a manufactured housing community.
(d) All utilities shall be located underground.

350 Figure 68 Site Plan of Manufactured Housing Committee.tif

Figure 68 - Site Plan of a Manufactured Housing Community

6) Manufactured housing community site.

(a) A manufactured home community site shall have a driveway that will ensure safe and easy access under normal use and weather conditions.
(b) A manufactured home installed at a manufactured housing community site shall be set back a minimum of 10 feet from an abutting edge of a right-of-way of an interior road.
(c) A manufactured home installed at a manufactured housing community site shall be set back a minimum of 10 feet from such site's side lines.
(d) A manufactured home installed at a manufactured housing community site shall be set back a minimum of 10 feet from such site's rear line.
(e) A maximum of one private garage, which shall be less than 144 gross square feet, may be erected on a manufactured housing community site.
(f) The outdoor storage of marine and/or recreation vehicles shall not be permitted on a manufactured housing community site.

Figure 69 - Manufactured Housing Community Site

(7) Open space. A lot of record whose principal use is a manufactured housing community shall dedicate a minimum of 10% of the lot area to open space, which such space shall comply with the following minimum standards:

(a) For the purpose of calculation of the open space, such space shall be separate and distinct from required buffers, setbacks and yards. Open space may also include wetlands and their buffers, other critical environmental areas, and stormwater facilities.
(b) All open space shall include any two or more facilities for active and/or passive recreation from the lists below.

[1] Active recreation facilities.

[a] Children's play equipment, such as slides, swings, and play structures.
[b] A paved hard court for activities such as basketball, tennis, pickleball, etc.
[c] A flat, open lawn area that may serve as a ball field for active play.
[d] Golf orientated facility.
[e] Swimming pool.
[f] Other type of active recreation facility approved by the designated approval authority.

[2] Passive recreation facilities.

[a] Facilities for walking, such as trails, benches, etc.
[b] Picnicking facilities, such as picnic tables, shelters, etc.
[c] Year-round water features, such as a fountain, pond, stream, etc.
[d] Other types of passive recreation facility approved by the designated approval authority.

350 Figure 70 Recreational Facilities at Manufactured Housing Community .tif

Figure 70 - Recreational Facilities at a Manufactured Housing Community

(c) The open space shall have access for residents of the manufactured housing community and shall be consolidated to provide maximum access, visibility, usability, minimization of impacts to residential uses, and ease of maintenance. The requirement that the open space be consolidated may be waived by the designated approval authority upon a finding that the residents of the manufactured housing community would receive a greater benefit if the required open space were provided in another configuration due to the unique topographic conditions or fish and wildlife habitat values of the lot of record.

(8) Outdoor storage of marine and/or recreational vehicles. A manufactured housing community may include a designated area for the parking of marine and/or recreation vehicles, which may not be considered as part of the open space requirement of this section. Furthermore, such designated area shall be set back a minimum of 50 feet from any manufactured home as well as any lot line of the lot of record whose principal use is a manufactured housing community. Lastly, such storage shall be executed in a safe manner and shall not obstruct any means of egress or road.
(9) Service buildings.

(a) A service building shall be a permanent structure that is constructed in accordance to the applicable provisions of the Uniform Code.
(b) A service building provided within the manufactured housing community shall be set back from a manufactured home by 10 feet.

350 Figure 71 Service Building at Manufactured Housing.tif

Figure 71 - Service Building (i.e., Laundry Facility) at a Manufactured Housing Community

DWELLING UNIT REGULATIONS

A. Floor area. All dwelling units shall conform to the occupancy limitations prescribed in the Uniform Code. However, a dwelling unit shall not be less than 800 square feet in net floor area. Exemption(s):

(1) Accessory dwelling unit. An accessory dwelling unit is permitted to have a minimum net floor area as prescribed in this chapter.
(2) Caretaker quarters. A caretaker quarters is permitted to have a minimum net floor area of 400 square feet.
(3) Dwelling unit at an extended stay hotel. A dwelling unit at an extended stay hotel is permitted to have a minimum net floor area of 400 square feet.

B. Foundation. All dwelling units shall be constructed or placed upon and anchored to a foundation that complies with the applicable provisions of the Uniform Code. In the event that a dwelling unit is a manufactured home, it shall be installed and anchored pursuant to the manufacturer's installation instructions and the applicable regulations of the Uniform Code, and none of the undercarriage shall be visible from outside the manufactured home.

D. Manufactured home.

(1) General. The provisions contained within this section are intended to serve as supplemental requirements to the Uniform Code in order to protect the public health, safety and the general welfare insofar as they are affected by the installation of manufactured homes. The regulations shall supplement and not replace the applicable provisions established within the Uniform Code. Lastly, the more restrictive provision shall apply where conflicts occur between provisions of this section, the Uniform Code or and other applicable law.
(2) Age. Except on the conditions specified herein, no certificate or permit shall be issued for any manufactured home built more than five years from the application date of such certificate or permit. However, such period of time may be extended upon the submission of a written report prepared and sealed by a registered design professional that the manufactured home conforms to all of the following criteria:

(a) Is not greater than 10 years in age.
(b) Conforms to the standards prescribed in the Uniform Code.

(3) Use. A manufactured home shall be used in accordance to the manufacturer's design and specifications. For example, a manufactured home designed in accordance with the Manufactured Home Construction and Safety Standards (AKA, the "HUD Code"), as currently in effect and as hereafter amended from time to time, is only permitted to be used as a single-unit dwelling.

E. Mobile home. The new installation of a mobile home shall be prohibited in the Town but existing mobile homes are allowed to remain but shall be classified as a nonconforming use.

Marina

A commercial enterprise for the purpose of the sale of watercrafts and marine accessories, supplies and fuel; the rental or charter of watercraft, marine equipment, dock and mooring space; winter storage; service and repair of marine equipment and watercraft; launching of watercrafts; and overnight guest facilities or any combination thereof.

Districts Where Allowed Districts where use is allowed: LI Districts where use may be allowed with Special Use Permit: LCOM

Vehicle Parking:
See § 350-39: Parking and loading spaces for detailed information.

Development Requirements:

A. Access. Access to a marina shall only be taken from a public road.

B. Accessory uses. Accessory uses associated with a marina, which are but shall not be limited to fueling, repairs and maintenance, hauling and indoor storage, retail sales, and yacht club facilities, including restaurant or lounge, shall be classified as a customarily accessory use and shall be permitted.

C. Buffer and landscaping. A landscaping plan, which includes sizes and types of vegetation, shall be submitted for review and approval. This plan shall include a buffer located adjacent to all contiguous lots of record containing a residential use. No recreational activities, parking and/or structures shall be allowed in this buffer.

D. Caretaker quarters. A caretaker quarters may be provided within the principal building as an accessory dwelling unit or on the lot of record as a detached single-unit dwelling.

E. Marine vessels prohibited as permanent living quarters. Marine vessels shall not be utilized as permanent living accommodations. Such vessels may be utilized for temporary sleeping or living accommodations, provided that an adequate shoreline pump-out installation is provided and is approved by the AHJ.

F. Outdoor storage of boats and/or boat trailers may be permitted at a marina by the means of a special use permit if the following additional determination criteria are satisfied:

(1) Such storage shall be effectively screened from view from a contiguous lot of record containing a residential use; and

(2) Such storage shall not exceed 40% of the lot area at the subject lot of record.

G. Rear yard. An accessory and/or principal building at a marina is permitted to have a rear yard that is contiguous to Keuka Lake or Seneca Lake of zero feet.

Figure 72 - Site Plan of a Marina

Medical clinic, medical office

Medical marijuana dispensary

A business that is registered to operate in NYS, that sells or otherwise distributes medical marijuana to certified patients and/or designated caregivers.

Districts Where Allowed Districts where use may be allowed with Special Use Permit: CO, HA, LI

Vehicle Parking:
Determined by parking demand study
See § 350-39: Parking and loading spaces for detailed information.

Development Requirements:
A. Compliance with the law. No person or entity shall produce, grow, or sell medical marijuana or hold itself out as an NYS-licensed organization unless it has complied with Article 33 of the Public Health Law of NYS, as currently in effect and as hereafter amended from time to time, and/or any other applicable law.

B. Approved products. A medical marijuana dispensary shall only dispense approved medical marijuana products in accordance with Article 33 of the Public Health Law of NYS, as currently in effect and as hereafter amended from time to time, and/or any other applicable law.

C. Buffer and landscaping. A landscaping plan, which includes sizes and types of vegetation, shall be submitted for review and approval. This plan shall include a buffer located adjacent to all contiguous lots of record containing a residential use. No recreational activities, parking and/or structures shall be allowed in this buffer.

D. Building requirements.

(1) A medical marijuana dispensary shall operate within a permanently constructed, fixed structure. It is prohibited to operate from a vehicle or within a nonpermanent structure.
(2) A medical marijuana dispensary shall have its means of egress independent from any other use and shall directly discharge to a public way. For the purposes of this section, "means of egress" and "public way" are defined by the Uniform Code.
(3) A medical marijuana dispensary shall only dispense approved medical marijuana products in an indoor, enclosed, secure facility.
(4) A medical marijuana dispensary shall have a security system to prevent and detect diversion, theft, or loss of marijuana and/or medical marijuana products, using commercial grade equipment.

E. Licenses and/or permits. A medical marijuana dispensary shall submit evidence that all necessary licenses and/or permits have been obtained from NYS and all other AHJs to the Town. Said licenses and/or permits shall be posted in a conspicuous place, near the main exit or exit access doorway.

F. Location restriction(s).

(1) A medical marijuana dispensary shall not be located and/or operated within 500 feet of:

(a) A place of worship; or
(b) A building containing a child day-care establishment; or
(c) A building containing a school; or
(d) A park; or
(e) A building containing a residential use and/or Residential Group R use and occupancy as defined by the New York State Uniform Fire Prevention and Building Code; or
(f) A structure or facility providing, whether wholly or partially, an essential public service; or
(g) A building containing licensed premises as defined by § 3 of the Alcoholic Beverage Control Law of the State of New York, as currently in effect and as hereafter amended from time to time; or
(h) A building containing another medical marijuana dispensary;
(i) A correctional facility.

(2) For the purpose of this subsection, measurement shall be made in a straight line, without regard to the intervening structures or objects, from the nearest portion of the building or structure used as the part of the premises where a medical marijuana dispensary is conducted to the nearest portion of the building or structure of a restricted location listed herein. Presence of a Town, village or other political subdivision boundary shall be irrelevant for purposes of calculating and applying these distance requirements.

G. Prohibited action(s). A medical marijuana dispensary shall not dispense approved medical marijuana products from the same location where the marijuana is grown or manufactured.

Mercantile - All uses

Midwifery birth center

Shall bear the same meaning as midwifery birth center that is defined in 10 NYCRR, Chapter V, Subchapter C, Part 795, as currently in effect and as hereafter amended from time to time.

Districts Where Allowed Districts where use is allowed: CO, LI Districts where use may be allowed with Special Use Permit: AG, AR, HA

Vehicle Parking:
See § 350-39: Parking and loading spaces for detailed information.

Development Requirements:
A. Compliance with the law. A midwifery birth center shall comply with the 10 NYCRR, Chapter V, Subchapter C, Part 795, as currently in effect and as hereafter amended from time to time, and any other applicable law. Where, in any specific case, conflicts occur between the provisions of this chapter and such state law, the more restrictive requirement shall govern.

B. Accreditation of a midwifery birth center; approval to operate.

(1) A midwifery birth center shall be accredited as prescribed in § 795.11 of 10 NYCRR, Chapter V, Subchapter C, Part 795, as currently in effect and as hereafter amended from time to time.
(2) A midwifery birth center shall be approved to operate by the Commissioner of Health.

C. Buffer and landscaping. A landscaping plan, which includes sizes and types of vegetation, shall be submitted for review and approval. This plan shall include a buffer located adjacent to all contiguous lots of record containing a residential use. No recreational activities, parking and/or structures shall be allowed in this buffer.

Motel

A one- or two-story building or group of buildings, whether detached or in connected units, used as individual living and sleeping accommodations for hire that are designed primarily for transient occupancy and are provided with separate exterior entrances to parking facilities. Such accommodations are open to the exterior of the building and are usually surrounded by a common balcony or patio. Such term includes buildings designed as tourist courts, motor lodges, motor inns, auto courts, and other similar designations, but shall not be construed to include camping units and/or manufactured homes.

Districts Where Allowed Districts where use may be allowed with Special Use Permit: CO, LCOM

Vehicle Parking:
1 per unit plus 1 per employee during largest working shift
See § 350-39: Parking and loading spaces for detailed information.

Development Requirements:
A. Access. Access to a motel shall only be taken from a public road.

B. Accessory uses. Accessory uses associated with a motel, which are but shall not be limited to a restaurant, cafeteria, swimming pool and health facility, newsstand, pharmacy, barbershop, hairdresser, gift shop and other personal service shops for the convenience of guests, shall be classified as an customarily accessory use and shall be permitted.

C. Buffer and landscaping. A landscaping plan, which includes sizes and types of vegetation, shall be submitted for review and approval. This plan shall include a buffer located adjacent to all contiguous lots of record containing a residential use. No recreational activities, parking and/or structures shall be allowed in this buffer.

D. Caretaker quarters. A caretaker quarters may be provided within the principal building as an accessory dwelling unit, or on the lot of record as a detached single-unit dwelling.

E. Compliance with the Sanitary Code. A hotel shall comply with Part 7, specifically Subpart 7-1, of the Sanitary Code of NYS, as currently in effect and as hereafter amended from time to time. Where, in any specific case, conflicts occur between provisions of this chapter and such state law, the more restrictive requirement shall govern.

F. Minimum lot area. A motel shall be located on a lot of record with a lot area of five acres or more.

Museum

An institution for the acquisition, preservation, study and exhibition of works of artistic, historical and/or scientific value as well as a combination thereof.

Districts Where Allowed Districts where use is allowed: CO, LI Districts where use may be allowed with Special Use Permit: HA

Vehicle Parking:
See § 350-39: Parking and loading spaces for detailed information.

Development Requirements:
A. Access. Access to a museum shall only be taken from a public road.

B. Buffer and landscaping. A landscaping plan, which includes sizes and types of vegetation, shall be submitted for review and approval. This plan shall include a buffer located adjacent to all contiguous lots of record containing a residential use. No recreational activities, parking and/or structures shall be allowed in this buffer.

C. Caretaker quarters. A caretaker quarters may be provided within the principal building as an accessory dwelling unit, or on the lot of record as a detached single-unit dwelling.

Nursery, retail

A commercial use engaged in the cultivation, delivery, design, growing, installation, maintenance, storage and/or sale of flowers, grass, shrubs, trees or other live plant materials, as well as the sale of fertilizers, firewood, garden and/or lawn accessories and ornaments, holiday and seasonal items and decorations, irrigation products, landscaping products, mulch, pots and pottery products, soil and soil amendments, stone and similar accessory and ancillary products, to the general public. However, such use shall not be permitted to conduct mining operations unless permitted otherwise by this chapter.

Districts Where Allowed Districts where use is allowed: CO, LI Districts where use may be allowed with Special Use Permit: AG, AR, HA

Vehicle Parking:
See § 350-39: Parking and loading spaces for detailed information.

Development Requirements:
A. Access. Access to a retail nursery shall only be taken from a public road.

B. Buffer and landscaping. A landscaping plan, which includes sizes and types of vegetation, shall be submitted for review and approval. This plan shall include a buffer located adjacent to all contiguous lots of record containing a residential use. No recreational activities, parking and/or structures shall be allowed in this buffer.

C. Caretaker quarters. A caretaker quarters may be provided within the principal building as an accessory dwelling unit, or on the lot of record as a detached single-unit dwelling.

D. Registration. A nursery dealer or nursery grower shall be registered with NYSDAM as prescribed by Article 14 of the Agriculture and Markets Law of NYS, as currently in effect and as hereafter amended from time to time.

E. Setbacks. The following setbacks are required in addition to those of the zoning district:

(1) Any and all mechanized firewood equipment not located within an enclosed structure shall be located a minimum of 100 feet from any contiguous lot of record.
(2) Outdoor storage of nursery materials and/or products as well as nursery display areas shall meet all the setback requirements applicable to accessory structures.

Outdoor retail sales

The display and sale of products and services, primarily outside of a structure, such as but not limited to vehicles; garden supplies, flowers, shrubs and other plant materials; gas, tires and motor oil; food and beverages; burial monuments; and building and landscape materials.

Districts Where Allowed Districts where use may be allowed with Special Use Permit: AG, AR, CO, HA, LCOM, LI

Vehicle Parking:
See § 350-39: Parking and loading spaces for detailed information.

Development Requirements:
A. Area. Outdoor retail sales shall not occupy more than 40% of the lot area at the lot of record. Exemption(s):

(1) Agricultural business.
(2) Agricultural fairground.
(3) Agricultural service use (e.g., tractor sales).
(4) Nursery, retail.
(5) Vehicle rental and sales establishment.

B. Buffer and landscaping. A landscaping plan, which includes sizes and types of vegetation, shall be submitted for review and approval. This plan shall include a buffer located adjacent to all contiguous lots of record containing a residential use. No recreational activities, parking and/or structures shall be allowed in this buffer.

C. Conjunction with permitted commercial use. Outdoor retail sales shall only be allowed in conjunction with a principal building whose use is commercial, whether heavy or light in nature.

D. Pedestrian and/or vehicle traffic. Outdoor retail sales shall not encroach upon any driveway, means of egress and/or required loading or parking space. In addition, outdoor retail sales shall not obstruct sight distances or otherwise create hazards for pedestrian and/or vehicle traffic.

E. Outdoor retail sales of machinery and/or vehicles.

(1) Machinery and/or vehicles shall be stored in an orderly manner and shall be maintained in a good state of repair.
(2) Partially dismantled or wrecked machinery and/or vehicles shall be stored in an enclosed building or an area that is sufficiently screened from public view.

Outdoor sportsperson club

A building, facility or lands owned and maintained by a membership organization for the purpose of providing outdoor recreational opportunities for members and their guests, such as but not limited to archery ranges, camping, shooting range facilities (whether for practice, education or competition), hunting and trapping, and all-terrain vehicle, snowmobile and other off-road motor vehicle trails; provided, however, that no motorized racing is involved. Food, meals and beverages may be served on such premises, provided adequate dining room space and/or kitchen facilities are available. Lastly, recreational cabins used in conjunction with an outdoor sportsperson club, which is used solely by such club's members, shall be classified as an accessory structure.

Districts Where Allowed Districts where use is allowed: LI Districts where use may be allowed with Special Use Permit: AG, AR, CO

Vehicle Parking:
See § 350-39: Parking and loading spaces for detailed information.

Development Requirements:
A. Access. Access to an outdoor sportsperson club shall only be taken from a public road.

B. Buffer and landscaping. A landscaping plan, which includes sizes and types of vegetation, shall be submitted for review and approval. This plan shall include a buffer located adjacent to all contiguous lots of record containing a residential use. No recreational activities, parking and/or structures shall be allowed in this buffer.

C. Caretaker quarters. A caretaker quarters may be provided within the principal building as an accessory dwelling unit, or on the lot of record as a detached single-unit dwelling.

D. Indoor recreational facilities. Any type of indoor recreational facility shall be designed that it absorbs or dissipates noise from the firing of weapons and/or any mechanical equipment.

E. Minimum lot area. An outdoor sportsperson club shall be located on a lot of record with a lot area of 60 acres or more.

F. Outdoor recreational facilities. Any type of outdoor recreational facility shall be set back a minimum of 100 feet from any lot line.

G. Pro shop. A pro shop, which sells and services outdoor sportsperson's equipment and merchandise, is permitted as an accessory use at an outdoor sportsperson club.

(1) ATF. Any use engaged in the sales and service of firearms shall obtain the applicable license issued by the ATF. A copy of such license shall be submitted to the Town to document compliance with this subsection.

H. Shooting range facilities. The planning, design, construction and maintenance of shooting range facilities shall comply with the NRA Range Source Book.

Outdoor wood boiler

Shall bear the same meaning as outdoor wood boiler that is defined in 6 NYCRR, Chapter III, Subchapter A, Part 247, Outdoor Wood Boilers, as currently in effect and as hereafter amended from time to time.

Place of worship

Any building, together with its accessory structures and uses, where persons regularly assemble for religious worship, and which building is maintained and controlled by a religious body organized to sustain public worship.

Districts Where Allowed Districts where use is allowed: CO, LI Districts where use may be allowed with Special Use Permit: AG, AR, HA, LCOM

Vehicle Parking:
1 per 6 occupants at maximum capacity
See § 350-39: Parking and loading spaces for detailed information.

Development Requirements:
A. Access. Access to a place of worship shall only be taken from a public road.

B. Accessory uses. Accessory uses associated with a place of worship, which are but shall not limited to convents, meeting halls, monasteries, parish houses, parsonages, rectories and/or seminaries shall be classified as an customarily accessory use and shall be permitted.

C. Buffer and landscaping. A landscaping plan, which includes sizes and types of vegetation, shall be submitted for review and approval. This plan shall include a buffer located adjacent to all contiguous lots of record containing a residential use. No recreational activities, parking and/or structures shall be allowed in this buffer.

Planned unit development

A development that contains a combination of commercial, industrial and/or residential uses that are guided by a total design plan in which one or more of the zoning regulations, other than use regulations, shall be permitted to be waived or varied to allow flexibility and creativity in site and building design and location, in accordance with the applicable regulations for such development as prescribed by this chapter.

Districts Where Allowed Districts where use may be allowed with Special Use Permit: AR, CO, HA, LCOM

Vehicle Parking:
See § 350-39: Parking and loading spaces for detailed information.

Development Requirements:
A. Findings. The Town hereby finds and determines that:

(1) When coordinated with the Comprehensive Plan, a planned unit development can be an effective tool for guiding development in ways that support community goals and priorities.
(2) Planned unit development provides a means by which different land uses within an area covered by a single development plan may be combined to achieve compatibility among such uses. Unattainable with traditional zoning techniques, planned unit development provides flexibility in the regulation of land use development in order to:

(a) Encourage innovation in land use variety and design, in the layout and type of new structures and in their integration with existing structures;
(b) Enhance efficiency in the use of land, natural resources, energy, community services and utilities;
(c) Encourage open space preservation and protection of natural resources, historic sites and structures;
(d) Facilitate the provision of housing and improved residential environments; and
(e) Enhance the ability of the Town to promote business and employment opportunities.

B. Specific definitions. The following terms are specific to the use regulated by this section:

OPEN SPACE - Any area of land and/or water within a planned unit development, not individually owned or publicly dedicated, that is designed and intended for the common use or enjoyment of such development's occupants and their guests and may include recreational improvements as are necessary and appropriate. A maintenance and ownership agreement shall be prepared, approved by the Town Attorney and recorded at the office of the County Clerk for all proposed open space areas. The Town shall not be held responsible for any ownership or maintenance of any proposed open space.

C. Eligibility criteria. To be eligible for approval of a planned unit development, the applicant shall demonstrate that the following criteria will be met:

(1) Availability and capacity of public services. The proposed type and intensity of use shall not exceed the existing or planned capacity of existing public services and facilities, including police and fire protection, traffic capacity of the Town's roads, drainage and stormwater management facilities, availability of water, capacity of private septic or public sanitary sewer treatment facilities, refuse disposal, and educational services.
(2) Compatibility. The proposed development shall be consistent with the intent and spirit of this chapter as stated in this section.
(3) Economic impact. The proposed development shall not impede the continued use or development of surrounding lots of record for uses permitted by this chapter.
(4) Unified control. The proposed development shall be under single ownership or unified control, where a single entity has responsibility for completing the project.
(5) Sufficient land area for proposed uses. The planned unit development shall be a minimum of 10 acres of contiguous land. Additional noncontiguous land areas within the Town may be included as part of the proposed open space dedications for a planned unit development. The proposed development shall provide sufficient land area to comply with all applicable regulations of this section, adequately serve the needs of all permitted uses in the planned unit development, and ensure compatibility between uses and the surrounding neighborhood.

D. Standards. A planned unit development shall comply with the following standards:

(1) Architecture. A planned unit development shall incorporate a consistent architectural theme which is unique to the specific site through the use of materials, signage and design. Generic corporate architecture and big box designs are strongly discouraged but not prohibited. Uses should be designed according to the limitation of the site rather than the removal of the limitations. Specific design details, such as roof parapets, architectural details, varying roof heights, pitches and materials and building colors and materials, should be addressed.

350 Figure 73. Architecture at Planned Unit Devel.tif

Figure 73 - Architecture at a Planned Unit Development

(2) Compatibility of uses. The design of a planned unit development shall take into account the relationship of the site to the surrounding areas and between differing uses on the site. The perimeter of the planned unit development and arrangement of uses at such development shall be designed to minimize adverse impacts between the project and adjacent land uses, and different types of potentially incompatible land uses. Compatibility factors include but are not necessarily limited to visual and audio intrusion and conspicuous visual barriers.
(3) Density. The number of dwelling units proposed for a planned unit development is permitted to be 1.5 times the maximum density permitted for a lot of record at an applicable zoning district. Moreover, the following density bonuses may be awarded by the designated approval authority that will allow a planned unit development to increase such maximum density.

(a) Accessibility. Up to a 10% density bonus may be granted for the provision of making sites, facilities, buildings, and elements accessible pursuant to ICC/ANSI A117.1 - Accessible and Usable Buildings and Facilities.
(b) Agriculture. A 1% density bonus may be granted for each additional 1% of the site that will preserve farm operations. However, such bonus shall not exceed 10% regardless of the amount of proposed farm operations.
(c) Amenities. Up to a 10% density bonus may be granted for the provision of amenities, such as but not limited to child care services, dining facilities, laundry services, parks as well as indoor and outdoor recreation facilities (e.g., swimming pools, gyms, playgrounds, walking trails, golf courses, etc.) considered beneficial to the planned unit development. Such amenities shall not be required to be accessible to the public.

350 Figure 74 Amenities at Planned Unit Devel .tif

Figure 74 - Amenities at a Planned Unit Development

(d) Blight. Up to a 10% density bonus may be granted for the cleanup of a blighted site, contamination removal or demolition of obsolete structures.
(e) Fire detection system, monitored. Up to a 10% density bonus may be granted for the provision of a monitored fire detection system in all buildings and/or structures. To be eligible for this bonus, such system shall be designed, installed and maintained in accordance to the reference standard(s) described within the Uniform Code.
(f) Fire protection system. Up to a 10% density bonus may be granted for the provision of a fire protection system in all buildings and/or structures. To be eligible for this bonus, such system shall be designed, installed and maintained in accordance to the reference standard(s) described within the Uniform Code.
(g) Historic preservation. Up to a 10% density bonus may be granted for preservation and adaptive reuse of historically or architecturally significant buildings or structures, which such classification shall be determined by the County Genealogical and Historical Society or approved equivalent authority, that are located on the site.
(h) Noncombustible siding. Up to a 10% density bonus may be granted for the provision of noncombustible siding at all buildings and/or structures.
(i) Open space. A 1% density bonus may be granted for each additional 1% of the site that will be designated as common open space. However, such bonus shall not exceed 10% regardless of the amount of proposed common open space.
(j) Renewable energy systems. Up to a 10% density bonus may be granted for the provision of renewable energy systems, such as but not limited to solar photovoltaic and/or thermal systems and wind energy conversion system. Such amenities shall not be required to be connected to a public service agency.

(4) Dimensional standards for lots of record.

(a) Building height. Building height may exceed the maximum permitted in the underlying zoning district by 20%, provided that the project design protects adjacent uses both inside and outside of the planned unit development from adverse impacts on privacy, light and air.
(b) Building coverage. Building coverage of individual lots of record may exceed the maximum percentage permitted by the underlying zoning district by 20%, provided that the planned unit development meets the standards of this section.
(c) Lot depth, size and width. The minimum lot depth, size and width of the underlying zoning district may be reduced provided the planned unit development meets the design standards of this section.
(d) Yard. The minimum yard dimensions of the underlying zoning district may be reduced provided that the planned unit development meets the design standards of this section and it is demonstrated:

[1] A better or more appropriate design can be achieved by not applying the provision of the zoning district; and
[2] That compensating design and/or structural measures are used to ensure the protection of the users and inhabitants of the development health, safety and welfare, including but not necessarily limited to visual and acoustical privacy, and adequate light and air.

(5) Landscaping. A landscaping plan, which includes sizes and types of vegetation, shall be submitted for review and approval. This plan shall include a buffer located adjacent to all contiguous lots of record. No recreational activities, parking and/or structures shall be allowed in this buffer.
(6) Open space. Usable open space(s) shall be provided in an amount equal to or greater than 10% of the total area of a lot of record(s) that is the subject of a planned unit development. These spaces may be provided in the form of parks, plazas, arcades, commons, trails, sports courts or other athletic and recreational areas, outdoor areas for the display of sculptural elements, etc. Land reservations for community facilities may be considered in lieu of usable open space.

350 Figure 75 Open Space at Planned Unit Development.tif

Figure 75 - Open Space at a Planned Unit Development

(7) Privacy and security. The design of the site and dwelling units should promote privacy and security consistent with crime prevention through environmental design (CPTED) strategies.
(8) Signage. A consistent signage theme shall be provided within a planned unit development. Freestanding signs shall be monument style and of a size and height that is complimentary of the architecture of the development.

350 Figure 76 Signage at Planned Unit Development.tif

Figure 76 - Signage at a Planned Unit Development

(9) Transportation system. A planned unit development shall incorporate transportation elements, which allow for connections to existing developments or undeveloped land both within and outside such development. These transportation elements should provide for improvements through road designs, and ingress and egress to the existing transportation network depending on the foreseeable needs of future residents and users of the site, and the relationship of the project site to the community at large.

Private club

An association organized and operated on a nonprofit basis for persons who are bona fide members paying dues, which association owns or leases premises, the use of which premises is restricted to such members and their guests, and which manages the affairs of such association by and through a board of directors, executive committee, or similar body chosen by the members. Food, meals and beverages may be served on such premises, provided adequate dining room space and kitchen facilities are available. (e.g., American Legion, Elks Lodge, Knights of Columbus, Masonic Society, Rotary Club, etc.)

Districts Where Allowed Districts where use is allowed: CO, LI Districts where use may be allowed with Special Use Permit: AR, HA, LCOM

Vehicle Parking:
See § 350-39: Parking and loading spaces for detailed information.

Development Requirements:
A. Access. Access to a private club shall only be taken from a public road.

B. Buffer and landscaping. A landscaping plan, which includes sizes and types of vegetation, shall be submitted for review and approval. This plan shall include a buffer located adjacent to all contiguous lots of record containing a residential use. No recreational activities, parking and/or structures shall be allowed in this buffer.

C. Caretaker quarters. A caretaker quarters may be provided within the principal building as an accessory dwelling unit, or on the lot of record as a detached single-unit dwelling.

Private small animal operation

Small livestock that are kept for the private use of the owner of a lot of record and are not sold, which includes but is not limited to its eggs, for sale.

Districts Where Allowed Districts where use may be allowed as an accessory use: AG, AR, CO, HA, LI

Vehicle Parking:
See § 350-39: Parking and loading spaces for detailed information.

Development Requirements:
A private small animal operation shall be permitted as an accessory use at all zoning districts except for the Lakefront Commercial (LCOM), Lakefront Recreational (LREC) and Lakefront Residential (LRES) Zoning Districts, in which such use shall be prohibited. However, a private small animal operation shall comply with the following requirements if such operation is located within the Hamlet (HA) Zoning District:

A. Breeding. Breeding of small animals shall not be permitted.

B. Commercial use. A private small animal operation shall not be used as a commercial use (e.g., selling of eggs).

C. Enclosure. Small animals shall be kept in a structure or in a fenced enclosure at all times.

D. Minimum lot area. A private small animal operation shall be located on a lot of record that has a minimum lot area of two acres.

E. Number of small animals. A lot of record shall have a maximum limit of five small animals.

F. Roosters prohibited. Roosters are prohibited.

G. Setback. A structure used to shelter small animals shall have a setback of 25 feet from a rear and side lot line. Such shelter shall not be located in the front yard.

Private stable

A horse or horses that are kept for the private use of the owner of a lot of record and are not for hire, remuneration or sale.

Districts Where Allowed Districts where use may be allowed as an accessory use: AG, AR, CO, HA, LI

Vehicle Parking:
See § 350-39: Parking and loading spaces for detailed information.

Development Requirements:
A private stable shall be permitted as an accessory use at all zoning districts except for the Lakefront Commercial (LCOM), Lakefront Recreational (LREC) and Lakefront Residential (LRES) Zoning Districts, in which such use shall be prohibited. However, a private stable shall comply with the following requirements if such stable is located within the Hamlet (HA) Zoning District:

A. Commercial use. A private stable shall not be used as a commercial use (e.g., commercial horse boarding operation and/or commercial equine operation, which such uses are defined in § 301 of the Agriculture and Markets Law of NYS, as currently in effect and as hereafter amended from time to time).

B. Enclosure. A horse or horses shall be kept in a structure or in a fenced enclosure at all times.

C. Manure. Manure that has not been composted or spread shall not be stored and remain on a lot of record for a period in excess of one year.

D. Minimum lot area. A minimum of one acre per horse is required.

E. Number of horses. A private stable shall have a maximum limit of five horses per lot of record.

F. Setback. A structure used to shelter a horse or horses shall have a setback of 25 feet from a rear and side lot line.

Recreational cabin

A structure designed and used only for occasional use and primarily for hunting, fishing and/or similar purposes that complies with all of the following requirements:

A. Shall be designed and used as a sleeping unit; and
B. Shall be a one-story structure but may include a sleeping loft; and
C. Shall be equal to or less than 500 square feet in gross floor area; and
D. Shall not have cooking facilities.

Districts Where Allowed Districts where use is allowed: AG Districts where use may be allowed with Special Use Permit: AR

Vehicle Parking:
See § 350-39: Parking and loading spaces for detailed information.

Development Requirements:
A. Compliance with the Sanitary Code. A recreational cabin shall comply with Part 7, specifically Subpart 7-1, of the Sanitary Code of NYS, as currently in effect and as hereafter amended from time to time, if it is applicable. Where, in any specific case, conflicts occur between provisions of this chapter and such state law, the more restrictive requirement shall govern.

B. Area. A recreational cabin shall have a gross floor area equal to or greater than 500 square feet.

C. Occupancy. A recreational cabin shall not be used as a dwelling unit and shall only be occupied occasionally for recreational purposes.

D. Utilities. A recreational cabin is not required to be connected to public utilities nor be required to have pressurized or indoor plumbing and an on-site wastewater treatment system.

Recreational facility

An enclosed building that is designed, constructed, designated, or used for indoor fitness and recreational activities. Examples are bowling alleys, gymnasiums, gymborees, health clubs, swimming pools, weight and fitness rooms, and wellness centers. It shall not include any other use defined and/or regulated by this chapter.

Districts Where Allowed Districts where use may be allowed with Special Use Permit: CO, LI

Vehicle Parking:
Determined by parking demand study
See § 350-39: Parking and loading spaces for detailed information.

Development Requirements:
A. Access. Access to a recreational use shall only be taken from a public road.

B. Buffer and landscaping. A landscaping plan, which includes sizes and types of vegetation, shall be submitted for review and approval. This plan shall include a buffer located adjacent to all contiguous lots of record containing a residential use. No recreational activities, parking and/or structures shall be allowed in this buffer.

C. Design.

(1) The design of all recreational facilities, structures and/or uses, whether active or passive, including site layout, building orientation and accessory structures and/or uses, shall be directed inward with minimal visibility to public rights-of-way and contiguous lots of record.
(2) The design of all recreational facilities, structures and/or uses, whether active or passive, shall comply with the ADA standards for accessible design ("ADA standards"), as currently in effect and as hereafter amended from time to time, and/or the Uniform Code.
(3) The design of all recreational facilities, structures and/or uses, whether active or passive, shall comply with the applicable standards and guidelines developed by the National Park Service and/or the NYS Office of Parks, Recreation and Historic Preservation.

D. Setbacks.

(1) A recreational facility shall be located not less than 50 feet from a contiguous lot of record containing a residential use, except where greater distances are otherwise required by law or an AHJ.
(2) Recreational structures and/or uses, whether active or passive, shall be located not less than 50 feet from a contiguous lot of record containing a residential use, except where greater distances are otherwise required by law or an AHJ.

Residential care/assisted living facility

A building or part thereof housing persons, on a twenty-four-hour basis, who, because of age, mental disability or other reasons, live in a supervised residential environment which provides personal care services. The occupants are capable of responding to an emergency situation without physical assistance from staff. This classification shall include, but not be limited to, the following: residential board and care facilities, assisted living facilities, halfway houses, group homes, congregate care facilities, social rehabilitation facilities, alcohol and drug abuse centers and convalescent facilities.

Districts Where Allowed Districts where use is allowed: CO Districts where use may be allowed with Special Use Permit: AG, AR, HA, LCOM

Vehicle Parking:
See § 350-39: Parking and loading spaces for detailed information.

Development Requirements:
A. Access. Access to a residential care/assisted living facility shall only be taken from a public road.

B. Buffer and landscaping. A landscaping plan, which includes sizes and types of vegetation, shall be submitted for review and approval. This plan shall include a buffer located adjacent to all contiguous lots of record containing a residential use. No recreational activities, parking and/or structures shall be allowed in this buffer.

C. Caretaker quarters. A caretaker quarters may be provided within the principal building as an accessory dwelling unit, or on the lot of record as a detached single-unit dwelling.

D. Compliance with state law. A residential care/assisted living facility shall comply with the applicable state law governing the type of care provided (e.g., Article 28 of the Public Health Law of NYS, as currently in effect and as hereafter amended from time to time).

School, elementary

A school whose use meets the state requirements for elementary education, and does secure the major part of its funding from a government agency.

Districts Where Allowed Districts where use is allowed: CO Districts where use may be allowed with Special Use Permit: AG, AR, HA

Vehicle Parking:
As determined by the NYSED
See § 350-39: Parking and loading spaces for detailed information.

Development Requirements:
A. Buffer and landscaping. A landscaping plan, which includes sizes and types of vegetation, shall be submitted for review and approval. This plan shall include a buffer located adjacent to all contiguous lots of record containing a residential use. No recreational activities, parking and/or structures shall be allowed in this buffer.

B. Elementary and secondary school. Elementary and/or secondary schools shall be regulated by the applicable provisions of 8 NYCRR, as currently in effect and as hereafter amended from time to time, and the designated approval authority is the Commissioner of the NYSED.

School, higher education

Shall bear the same meaning as higher education that is defined in 2 of Title 1, Article 1, of the Education Law of NYS, as currently in effect and as hereafter amended from time to time.

Districts Where Allowed Districts where use may be allowed with Special Use Permit: CO

Vehicle Parking:
Determined by parking demand study
See § 350-39: Parking and loading spaces for detailed information.

Development Requirements:
A. Buffer and landscaping. A landscaping plan, which includes sizes and types of vegetation, shall be submitted for review and approval. This plan shall include a buffer located adjacent to all contiguous lots of record containing a residential use. No recreational activities, parking and/or structures shall be allowed in this buffer.

C. Higher education school.

(1) Access. Access to a higher education school shall only be taken from a public road.
(2) Accessory uses. Accessory uses associated with a higher education school, which are but shall not limited to dormitories, fraternities, indoor and/or outdoor instructional and/or recreational facilities, and sororities, shall be classified as a customarily accessory use and shall be permitted.
(3) Minimum lot area. A higher education school shall be located on a lot of record that has a minimum lot area of five acres.
(4) NYSED. A higher education school shall comply with any applicable provision of 8 NYCRR, as currently in effect and as hereafter amended from time to time.

School, parochial

A school supported, controlled and operated by a religious organization.

Districts Where Allowed Districts where use is allowed: CO Districts where use may be allowed with Special Use Permit: AG, AR, HA

Vehicle Parking:
2 per classroom plus 1 per 10 students
See § 350-39: Parking and loading spaces for detailed information.

Development Requirements:
A. Buffer and landscaping. A landscaping plan, which includes sizes and types of vegetation, shall be submitted for review and approval. This plan shall include a buffer located adjacent to all contiguous lots of record containing a residential use. No recreational activities, parking and/or structures shall be allowed in this buffer.

D. Parochial or private school.

(1) Access. Access to a parochial or private school shall only be taken from a public road.
(2) Accessory uses. Accessory uses associated with a parochial or private school, which are but shall not limited to dormitories, and indoor and/or outdoor instructional and/or recreational facilities, shall be classified as a customarily accessory use and shall be permitted.
(3) Minimum lot area. A parochial or private school shall be located on a lot of record that has a minimum lot area of two acres.
(4) NYSED. A parochial or private school shall comply with any applicable provision of 8 NYCRR, as currently in effect and as hereafter amended from time to time.

School, private

A school whose use meets the state requirements for elementary and/or secondary education, and does not secure the major part of its funding from any government agency.

Districts Where Allowed Districts where use is allowed: CO Districts where use may be allowed with Special Use Permit: AG, AR, HA

Vehicle Parking:
2 per classroom plus 1 per 10 students
See § 350-39: Parking and loading spaces for detailed information.

Development Requirements:
A. Buffer and landscaping. A landscaping plan, which includes sizes and types of vegetation, shall be submitted for review and approval. This plan shall include a buffer located adjacent to all contiguous lots of record containing a residential use. No recreational activities, parking and/or structures shall be allowed in this buffer.

D. Parochial or private school.

(1) Access. Access to a parochial or private school shall only be taken from a public road.
(2) Accessory uses. Accessory uses associated with a parochial or private school, which are but shall not limited to dormitories, and indoor and/or outdoor instructional and/or recreational facilities, shall be classified as a customarily accessory use and shall be permitted.
(3) Minimum lot area. A parochial or private school shall be located on a lot of record that has a minimum lot area of two acres.
(4) NYSED. A parochial or private school shall comply with any applicable provision of 8 NYCRR, as currently in effect and as hereafter amended from time to time.

School, secondary

Shall bear the same meaning as secondary school that is defined in 2 of Title 1, Article 1, of the Education Law of NYS, as currently in effect and as hereafter amended from time to time.

Districts Where Allowed Districts where use is allowed: CO Districts where use may be allowed with Special Use Permit: AG, AR, HA

Vehicle Parking:
As determined by the NYSED
See § 350-39: Parking and loading spaces for detailed information.

Development Requirements:
A. Buffer and landscaping. A landscaping plan, which includes sizes and types of vegetation, shall be submitted for review and approval. This plan shall include a buffer located adjacent to all contiguous lots of record containing a residential use. No recreational activities, parking and/or structures shall be allowed in this buffer.

B. Elementary and secondary school. Elementary and/or secondary schools shall be regulated by the applicable provisions of 8 NYCRR, as currently in effect and as hereafter amended from time to time, and the designated approval authority is the Commissioner of the NYSED.

School-age child-care center

Shall bear the same meaning as school-age child care program that is defined in 18 NYCRR, Chapter II, Subchapter C, Article 2, Part 413, Section 413.2(b)(4), as currently in effect and as hereafter amended from time to time.

Shoreline structure

Small day-care center

Shall bear the same meaning as small day-care center that is defined in 18 NYCRR, Chapter II, Subchapter C, Article 2, Part 413, Section 413.2(b)(5), as currently in effect and as hereafter amended from time to time.

Solar photovoltaic and/or thermal system

SOLAR PHOTOVOLTAIC SYSTEM

Devices such as but not limited to photovoltaic (PV) modules and inverters that are used to transform solar radiation into energy.

SOLAR THERMAL SYSTEM

Devices such as but not limited to solar thermal collectors, pumps and water storage tanks that uses solar radiation to heat water or air for use within a structure for water heating, process heat, space heating or space cooling.

Districts Where Allowed Districts where use may be allowed as an accessory use: AG, AR, CO, HA, LCOM, LI, LREC, LRES

Vehicle Parking:
See § 350-39: Parking and loading spaces for detailed information.

Development Requirements:
A. Agricultural solar photovoltaic and/or thermal systems. NYSDAM has determined that solar photovoltaic and/or thermal systems used to supply a portion of a farm operation's electrical and/or heating/hot water needs, which shall not exceeding 110% of the farm operation's anticipated demand, to be on-farm equipment. This determination designates such solar photovoltaic and/or thermal systems as a customarily accessory use to a farm operation. For these reasons, this chapter shall not restrict the use of solar photovoltaic and/or thermal systems installed at a farm operation to supply such operation's electrical and/or heating/hot water needs, which shall not exceeding 110% of the farm operation's anticipated demand.

B. Building mounted solar photovoltaic and/or thermal systems.

(1) A building-mounted solar photovoltaic and/or thermal system may be mounted on a principal and/or accessory structure.
(2) A building-mounted solar photovoltaic and/or thermal system on pitched roofs shall be installed parallel to the roof surface on which it is mounted or attached.
(3) A building-mounted solar photovoltaic and/or thermal system on pitched roofs shall not extend higher than the highest point of the roof surface on which it is mounted or attached.
(4) A building-mounted solar photovoltaic and/or thermal system on flat roofs shall not extend above the top of the surrounding parapet, or more than 24 inches above the flat surface of the roof, whichever is higher.
(5) Prior to installation, a report, which shall be prepared and sealed by a registered design professional, shall be submitted to the designated approval authority that documents that the building and/or structure to which a building-mounted solar photovoltaic and/or thermal system is mounted can support the additional imposed loads.

C. Freestanding solar photovoltaic and/or thermal systems. A freestanding solar photovoltaic and/or thermal system is permitted as an accessory structure in all zoning districts but shall comply with the following standards:

(1) The height of such system and any mounts shall not exceed 20 feet when oriented at maximum tilt.
(2) The location of such system and any mounts shall meet the setback/yard requirements for accessory structures at the applicable zoning district.
(3) The total surface area of such system, which may be calculated by factoring in the moutning angle at maximum tilt, shall be considered impervious and calculated in the building coverage of the lot of record on which the system is located. Exemption(s):

(a) The total surface area of such system shall not exceed 10% of the lot area of the subject lot of record or 4,000 square feet, whichever is more restrictive.

Figure 77A - Panel area and height

(4) All plumbing and/or power transmission lines from a freestanding solar photovoltaic and/or thermal system to any other structure shall be located underground.
(5) At all zoning districts, a freestanding thermal system shall provide heated liquid, which is used for such purposes as space heating and cooling, domestic hot water, and heating pool water, only for structures located at the subject lot of record.

D. Design.

(1) The design of the solar photovoltaic and/or thermal system shall conform to applicable industry standards as well as the Uniform Code and/or Energy Code.
(2) A solar photovoltaic and/or thermal system shall provide power and/or hot water for the principal use and/or accessory use of a lot of record on which such system is located. However, this provision shall not be interpreted to prohibit the sale of excess power and/or hot water generated from time to time to a public service agency (i.e., interconnected customer-owned solar photovoltaic and/or thermal system).
(3) A solar photovoltaic and/or thermal system shall have antireflective coating(s). Furthermore, a solar photovoltaic and/or thermal system shall be designed and located to avoid concentrated glare or reflection onto structures at a contiguous lot of record. Lastly, a solar photovoltaic and/or thermal system shall be designed and located to avoid concentrated glare or reflection onto adjacent roads and shall not interfere with traffic or create a safety hazard.
(4) All mechanical equipment associated with and necessary for the operation of the solar photovoltaic and/or thermal system shall comply with the following:

(a) Mechanical equipment shall be screened from any contiguous lot of record containing a residential use. The screen shall consist of shrubbery, trees, or other noninvasive plant species which provides a visual screen. In lieu of a planting screen, a decorative fence meeting the requirements of the Fence Law of the Town, as currently in effect and as hereafter amended from time to time, may be used.
(b) Mechanical equipment shall not be located within the minimum front yard setback of the underlying zoning district.
(c) Mechanical equipment shall comply with the setbacks specified for accessory structures in the underlying zoning district.

(5) A solar photovoltaic and/or thermal system shall not be used to display advertising, including signage, streamers, pennants, spinners, reflectors, ribbons, tinsel, balloons, flags, banners or similar materials. The manufacturers and equipment information, warning, or indication of ownership shall be allowed on any equipment of the solar photovoltaic and/or thermal system.

E. Abandonment. If a solar photovoltaic and/or thermal system ceases to perform its originally intended function for more than 12 consecutive months, the owner shall remove the system, including but not limited to any mounts and associated equipment, by no later than 90 days after the end of the twelve-month period.

F. Farm operation and/or prime farmland. Solar photovoltaic and/or thermal systems located on a farm operation and/or prime farmland shall be constructed/designed in accordance with the construction mitigation requirements for agricultural lands as prescribed by NYSDAM.

G. NYS Real Property Tax Law exemption. The Town exercises its right to opt out of the tax exemption provisions of § 487 of the Real Property Tax Law of NYS, as currently in effect and as hereafter amended from time to time.

H. Public service agency notification. The owner of a solar photovoltaic and/or thermal system shall provide evidence that the applicable public service agency has approved his/her/their intent to install an interconnected customer-owned solar photovoltaic and/or thermal system. Off-grid solar photovoltaic and/or thermal systems shall be exempt from this requirement.

350 Figure 78 Solar Photovoltaic and Thermal Systems.tif

Figure 78 - Solar Photovoltaic and Thermal Systems (i.e., Freestanding)

Storage facility, self-service

A structure comprised of small self-contained units that are leased to individuals or businesses for the storage of household or business goods and supplies.

A. Agricultural equipment, materials and/or products used in conjunction with a farm operation; and
B. Construction materials stored on a site during a period of construction; and
C. Parking of customer or employee vehicles.

Districts Where Allowed Districts where use is allowed: CO, LI Districts where use may be allowed with Special Use Permit: AG

Vehicle Parking:
1 per employee during largest working shift
See § 350-39: Parking and loading spaces for detailed information.

Development Requirements:
A. Access. Access to a self-service storage facility shall only be taken from a public road.

B. Buffer and landscaping. A landscaping plan, which includes sizes and types of vegetation, shall be submitted for review and approval. This plan shall include a buffer located adjacent to all contiguous lots of record containing a residential use. No recreational activities, parking and/or structures shall be allowed in this buffer.

C. Caretaker quarters. A caretaker quarters may be provided within the principal building as an accessory dwelling unit, or on the lot of record as a detached single-unit dwelling.

D. Permitted storage. The permitted storage at a self-service storage facility shall be restricted to the following:

(1) No activity other than rental of storage units and pick up and deposit of material goods shall be allowed at a facility, except for accessory or incidental uses required in administration and security of the site. The use of storage units for any purpose other than storage shall be prohibited.
(2) All goods and/or other objects stored shall be secured inside storage structures. Outdoor retail sales and/or outdoor storage shall be prohibited.
(3) The storage of flammable liquids including petroleum products, highly combustible or explosive materials, corrosive or hazardous chemicals shall be prohibited.
(4) Servicing or repair of vehicles or any similar equipment shall be prohibited.

Figure 79 - Self-Service Storage Facility

Storage, outdoor

The keeping of any inventory, goods, material, or merchandise, including raw, semifinished, and finished materials for any period of time, and as an accessory to the primary use of the establishment, which is typically located at commercial and industrial uses. Storage related to a residential use, which are not classified as junk as defined and regulated by the Junk Storage Law of the Town of Milo (Chapter 230: Junk Storage), as currently in effect and as hereafter amended from time to time, shall not be considered as such. However, this term shall not be deemed to apply to:

Districts Where Allowed Districts where use may be allowed with Special Use Permit: AG, AR, CO, HA, LCOM, LI

Vehicle Parking:
1 per employee during largest working shift
See § 350-39: Parking and loading spaces for detailed information.

Development Requirements:
A. Outdoor storage at a commercial or industrial use.

(1) Area. Outdoor storage shall not occupy more than 40% of the lot area of a lot of record.
(2) Buffer. A buffer shall be installed between areas dedicated to outdoor storage and a contiguous lot of record containing a residential use. However, this requirement shall not be deemed to apply to construction materials stored on a site during a period of construction or agricultural equipment, materials and/or products used in conjunction with a farm operation.
(3) Location. Areas dedicated to outdoor storage shall be located within the building envelope that is permitted for an accessory structure at the applicable zoning district.

Figure 38 - Outdoor Storage at a Commercial Use

B. Outdoor storage at a residential use.

(1) Recreational vehicles.

(a) Recreational vehicles stored in the open at the exterior property areas of a lot of record shall be owned by an occupant whose permanent place of abode is the subject lot of record.

[1] Exemption(s). Recreational vehicles that are being parked or stored while the owner of such vehicle(s) is:

[a] A full-time student of the immediate family attending a school, college or university;
[b] A member of the United States Armed Forces; or
[c] Suffering from an injury or illness requiring hospitalization or confinement to a bed.

(b) Recreational vehicles shall not have any fixed connections to electricity, gas, wastewater and/or water facilities, nor shall any recreational vehicle be used at any time as habitable space while parked or stored at a lot of record.
(c) Recreational vehicles shall be kept in good repair and in working condition, with current license plate and registration.
(d) Setbacks. A recreational vehicle stored in the open at the exterior property areas of a lot of record shall be set back a minimum of:

[1] A recreational vehicle shall not be stored in the open at the exterior property areas of the front yard of a lot of record. Exemption(s):

[a] One recreational vehicle is permitted to be stored in the open at the exterior property areas of the front yard of a lot of record but shall be located at the driveway for such lot.

[2] A recreational vehicle stored in the open at the exterior property areas of a lot of record shall be set back a minimum of five feet from the rear lot line of such lot.
[3] A recreational vehicle stored in the open at the exterior property areas of a lot of record shall be set back a minimum of five feet from the side lot line of such lot.

Figure 39 - Outdoor Storage of Recreational Vehicles

C. Outdoor storage at a vacant lot of record. Outdoor storage at a vacant lot of record shall conform to the regulations pertaining to outdoor storage at a residential use. Exemption(s):

(1) At the Agriculture (AG) and Agricultural Residential (AR) Zoning Districts, one recreational vehicle is permitted to be stored in the open at the exterior property areas of a vacant lot of record but shall conform to the dimensional requirements for a principal building at the applicable zoning district.
(2) At the Agriculture (AG) and Agricultural Residential (AR) Zoning Districts, one recreational vehicle that is stored in the open at the exterior property areas of a vacant lot of record is permitted to have fixed connections to utilities, whether private or public, and it may be used for occasional occupancy solely for recreational purposes by the owner of the vacant lot of record. Such vehicle shall be designed by the manufacturer for such use and shall not be used for permanent occupancy at any time.

Timber and lumber production facility

Shall bear the same meaning as timber and lumber production facility as defined in the Uniform Code. However, such term shall not include the processing of raw wood products for use on the same lot by the occupant of that lot.

Districts Where Allowed Districts where use is allowed: LI Districts where use may be allowed with Special Use Permit: AG

Vehicle Parking:
See § 350-39: Parking and loading spaces for detailed information.

Development Requirements:
Timber and lumber production facilities shall comply with the following standards:

A. Access. Access to a timber and lumber production facility shall only be taken from a public road.

B. Buffer and landscaping. A landscaping plan, which includes sizes and types of vegetation, shall be submitted for review and approval. This plan shall include a buffer located adjacent to all contiguous lots of record containing a residential use. No recreational activities, parking and/or structures shall be allowed in this buffer.

C. Caretaker quarters. A caretaker quarters may be provided within the principal building as an accessory dwelling unit, or on the lot of record as a detached single-unit dwelling.

D. Setbacks. The following setbacks are required in addition to those of the zoning district:

(1) Any and all mechanized sawing equipment not located within an enclosed structure shall be located a minimum of 100 feet from any contiguous lot of record.
(2) No storage area for logs, sawn lumber or waste materials shall be located within 100 feet of any watercourse.

Vehicle orientated commercial use

A use providing for the maintenance, repair, reconstruction, sales and services of vehicles and other similar mechanical equipment. Such term shall be categorized into the following:

Districts Where Allowed Districts where use is allowed: LI Districts where use may be allowed with Special Use Permit: CO

Vehicle Parking:
See § 350-39: Parking and loading spaces for detailed information.

Development Requirements:
A. Buffer and landscaping. A landscaping plan, which includes sizes and types of vegetation, shall be submitted for review and approval. This plan shall include a buffer located adjacent to all contiguous lots of record containing a residential use. No recreational activities, parking and/or structures shall be allowed in this buffer.

B. Vehicle rental and sales establishment.

(1) Vehicle loading and unloading. Vehicle loading and unloading for a vehicle rental and sales establishment shall occur on the lot of record containing such use, unless approved otherwise by the AHJ.

C. Vehicle repair station.

(1) General. All repairs shall be performed within an enclosed building.
(2) Sales of vehicles. Accessory sales of vehicles are classified as a customarily accessory use, provided they do not:

(a) Constitute more than 25% of the lot size; and
(b) Occupy any required parking spaces.

D. Vehicle service station.

(1) Canopy.

(a) A canopy shall be located between the principal building and the rear or side lot lines. No canopy shall be permitted between the principal building and front lot line.
(b) Canopies shall not exceed 16 feet in height or the height of the principal building, whichever is less.
(c) Canopies shall be architecturally integrated with the principal building and all other accessory structures on the site through the use of the same or compatible materials, colors and roof pitch.
(d) Any lighting fixtures or source lights that are a part of the underside of the canopy shall be recessed into the underside of the canopy so as not to protrude below the canopy ceiling surface.

(2) Abandonment.

(a) If the operation of a vehicle service station is abandoned for any reason for a continuous period in excess of two calendar years, such discontinuance of operation shall be grounds for revocation of any certificate and/or permit issued pursuant to this chapter; and
(b) Upon the revocation of any certificate and/or permit, the owner shall remove all canopies, pumps, pump islands, signs, underground storage tanks and all other equipment and/or instruments related to the vehicle service station in a workmanlike manner.

Figure 81 - Vehicle Service Station

E. Vehicle wash establishment.

(1) General. All washing and machine-drying operations shall be conducted within an enclosed building.
(2) Discharge. A vehicle wash establishment shall discharge into an oil water separator that shall effectively treat wastewater prior to discharging into wastewater treatment systems and/or NYSDEC permitted discharge points.
(3) Setbacks.

(a) The building exit for vehicles that have completed the washing and machine-drying process shall be set back a minimum of 50 feet from the nearest point of any front lot line.
(b) Washing, vacuuming, steam cleaning, waxing, polishing or machine-drying operations, and any building within which such operations are conducted, shall be located a minimum of 50 feet from a contiguous lot of record containing a residential use.

(4) Vacuuming equipment. Vacuuming equipment associated with the vehicle wash establishment shall not be placed adjacent to or face a contiguous lot of record containing a residential use, unless an intervening building exists between such equipment and lot of record.
(5) Wash bays. Wash bays shall not face a contiguous lot of record containing a residential use.

Figure 82 - Vehicle Wash Establishment

Vehicle rental

VEHICLE RENTAL AND SALES ESTABLISHMENT

A business that is principally engaged in selling, leasing, or renting of vehicles.

Vehicle Parking:
1 per 1,000 square feet of net floor area
See § 350-39: Parking and loading spaces for detailed information.

Development Requirements:
A. Buffer and landscaping. A landscaping plan, which includes sizes and types of vegetation, shall be submitted for review and approval. This plan shall include a buffer located adjacent to all contiguous lots of record containing a residential use. No recreational activities, parking and/or structures shall be allowed in this buffer.

B. Vehicle rental and sales establishment.

(1) Vehicle loading and unloading. Vehicle loading and unloading for a vehicle rental and sales establishment shall occur on the lot of record containing such use, unless approved otherwise by the AHJ.

Vehicle repair station

Engine repair, body work, frame straightening, painting, upholstering, electrical work, tune-ups and all other vehicle repair activities not specifically listed in the definition of vehicle service station.

Vehicle Parking:
2 plus 1 per bay
See § 350-39: Parking and loading spaces for detailed information.

Development Requirements:
A. Buffer and landscaping. A landscaping plan, which includes sizes and types of vegetation, shall be submitted for review and approval. This plan shall include a buffer located adjacent to all contiguous lots of record containing a residential use. No recreational activities, parking and/or structures shall be allowed in this buffer.

C. Vehicle repair station.

(1) General. All repairs shall be performed within an enclosed building.
(2) Sales of vehicles. Accessory sales of vehicles are classified as a customarily accessory use, provided they do not:

(a) Constitute more than 25% of the lot size; and
(b) Occupy any required parking spaces.

Vehicle sales

VEHICLE RENTAL AND SALES ESTABLISHMENT

A business that is principally engaged in selling, leasing, or renting of vehicles.

Vehicle Parking:
4 plus 1 per employee during largest working shift
See § 350-39: Parking and loading spaces for detailed information.

Development Requirements:
A. Buffer and landscaping. A landscaping plan, which includes sizes and types of vegetation, shall be submitted for review and approval. This plan shall include a buffer located adjacent to all contiguous lots of record containing a residential use. No recreational activities, parking and/or structures shall be allowed in this buffer.

B. Vehicle rental and sales establishment.

(1) Vehicle loading and unloading. Vehicle loading and unloading for a vehicle rental and sales establishment shall occur on the lot of record containing such use, unless approved otherwise by the AHJ.

Vehicle service station

Any building, land area or other premises, or portion thereof, used or intended to be used for any one or a combination of the retail dispensing or sales of vehicle fuels; retail dispensing or sales of vehicle lubricants, including oil changing and chassis lubrication where substantial disassembly is not required; retail dispensing or sales of vehicle coolants; and incidental repair or replacement of vehicle parts, such as windshield wiper blades, lights bulbs, air filters, oil filters, batteries, belts, tires, fuses and the like.

Vehicle Parking:
1 per 350 square feet of net floor area
See § 350-39: Parking and loading spaces for detailed information.

Development Requirements:
A. Buffer and landscaping. A landscaping plan, which includes sizes and types of vegetation, shall be submitted for review and approval. This plan shall include a buffer located adjacent to all contiguous lots of record containing a residential use. No recreational activities, parking and/or structures shall be allowed in this buffer.

D. Vehicle service station.

(1) Canopy.

(a) A canopy shall be located between the principal building and the rear or side lot lines. No canopy shall be permitted between the principal building and front lot line.
(b) Canopies shall not exceed 16 feet in height or the height of the principal building, whichever is less.
(c) Canopies shall be architecturally integrated with the principal building and all other accessory structures on the site through the use of the same or compatible materials, colors and roof pitch.
(d) Any lighting fixtures or source lights that are a part of the underside of the canopy shall be recessed into the underside of the canopy so as not to protrude below the canopy ceiling surface.

(2) Abandonment.

(a) If the operation of a vehicle service station is abandoned for any reason for a continuous period in excess of two calendar years, such discontinuance of operation shall be grounds for revocation of any certificate and/or permit issued pursuant to this chapter; and
(b) Upon the revocation of any certificate and/or permit, the owner shall remove all canopies, pumps, pump islands, signs, underground storage tanks and all other equipment and/or instruments related to the vehicle service station in a workmanlike manner.

Figure 81 - Vehicle Service Station

Vehicle wash establishment

Any building or premises, or portion thereof, the use of which is devoted to the business of washing vehicles for a fee, whether by automated cleaning devices or otherwise.

Vehicle Parking:
See § 350-39: Parking and loading spaces for detailed information.

Development Requirements:
A. Buffer and landscaping. A landscaping plan, which includes sizes and types of vegetation, shall be submitted for review and approval. This plan shall include a buffer located adjacent to all contiguous lots of record containing a residential use. No recreational activities, parking and/or structures shall be allowed in this buffer.

E. Vehicle wash establishment.

(1) General. All washing and machine-drying operations shall be conducted within an enclosed building.
(2) Discharge. A vehicle wash establishment shall discharge into an oil water separator that shall effectively treat wastewater prior to discharging into wastewater treatment systems and/or NYSDEC permitted discharge points.
(3) Setbacks.

(a) The building exit for vehicles that have completed the washing and machine-drying process shall be set back a minimum of 50 feet from the nearest point of any front lot line.
(b) Washing, vacuuming, steam cleaning, waxing, polishing or machine-drying operations, and any building within which such operations are conducted, shall be located a minimum of 50 feet from a contiguous lot of record containing a residential use.

(4) Vacuuming equipment. Vacuuming equipment associated with the vehicle wash establishment shall not be placed adjacent to or face a contiguous lot of record containing a residential use, unless an intervening building exists between such equipment and lot of record.
(5) Wash bays. Wash bays shall not face a contiguous lot of record containing a residential use.

Figure 82 - Vehicle Wash Establishment

Veterinary facility

Any fixed or mobile establishment, veterinary hospital, animal hospital, clinic or premises where veterinary medicine is practiced.

Districts Where Allowed Districts where use is allowed: LI Districts where use may be allowed with Special Use Permit: AG, AR, CO, HA

Vehicle Parking:
1 per examination room plus 1 per employee during largest working shift
See § 350-39: Parking and loading spaces for detailed information.

Development Requirements:
A. Access. Access to a veterinary facility shall only be taken from a public road.

B. Animal boarding.

(1) All animal boarding facilities that are not completely enclosed, and any outdoor animal pens, stalls, or runways shall be located within the rear yard.
(2) All animal boarding facilities that are not completely enclosed, and any outdoor animal pens, stalls, or runways shall be a minimum of 100 feet from any contiguous lot of record.
(3) All outdoor pasture/recreation areas shall be enclosed to prevent the escape of the animals; all such enclosures shall be set back a minimum of 10 feet from any contiguous lot of record.

C. Buffer and landscaping. A landscaping plan, which includes sizes and types of vegetation, shall be submitted for review and approval. This plan shall include a buffer located adjacent to all contiguous lots of record containing a residential use. No recreational activities, parking and/or structures shall be allowed in this buffer.

D. Minimum lot area. A veterinary facility shall be located on a lot of record with a lot area of five acres or more.

E. Veterinarian's residence. A single-unit dwelling may be provided for the veterinarian within the principal building as an accessory dwelling unit, or on the lot of record as a detached single-unit dwelling.

Wind energy conversion system, agricultural

A wind energy conversion system consisting of one wind turbine, one tower, and associated control or conversion electronics that has a rated capacity equal to or less than 110% of the electrical needs of a farm operation.

Vehicle Parking:
See § 350-39: Parking and loading spaces for detailed information.

Development Requirements:
A. Intent. As energy costs increase and financial assistance becomes more available, an increasing number of farm operations are considering the installation of wind energy conversion systems to help offset a farm operation's electrical needs. Let the record reflect that NYSDAM has determined that wind energy conversion systems used to supply a portion of a farm operation's electrical needs, which shall not exceeding 110% of the farm operation's anticipated demand, to be on-farm equipment. This determination designates such wind energy conversion system as a customarily accessory use to a farm operation. For these reasons, this section is designed to promote the safe, efficient and effective use of wind energy conversion systems installed at a farm operation to supply a portion of such operation's electrical needs.

B. Specific definitions. The following terms are specific to the use regulated by this section:

NONPARTICIPATING OWNER - Any owner of a lot of record that has not entered into any agreement with a wind energy developer to allow for a wind energy conversion system on or near their lot of record.
OVERSPEED CONTROL - A mechanism used to limit the speed of blade rotation to below the design limits of the wind energy conversion system.
PARTICIPATING OWNER - Any owner of a lot of record that has entered into an agreement with a wind energy developer to allow a wind energy conversion system on or near their property. For clarification purposes, a wind energy developer can also be an owner of a lot of record who has independently installed a wind energy conversion system at his/her/their such lot.

350 Figure 83 WInd Energy Conversion.tif

Figure 83 - Wind Energy Conversion System and Setbacks

SETBACK - The distance measured from the closest extension of a rotor blade of a wind energy conversion system to an adjacent building, lot line, structure and/or use. For the purpose of this section, measurement shall be made in a straight line without regard to topography. Presence of a town, village or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the setback requirements of this section.
SITE - The lot(s) of record where the wind energy conversion system is to be placed, including related tower and transmission equipment. The site may be publicly or privately owned by an individual or group of individuals controlling single or adjacent lots of record. Where multiple lots of record are in joint ownership, the combined lots shall be considered as one for purposes of applying setback requirements.
TOTAL HEIGHT - Height of wind energy conversion system measured from the grade plane to top of tip of blade in vertical position.

Figure 84 - Wind Energy Conversion System

TOWER - Support structure, including guyed, monopole, and lattice-types, upon which wind turbine or other mechanical device is mounted.

C. Use classification. An agricultural wind energy conversion system shall be classified as a customarily accessory use at a farm operation that is located wholly in an NYS-certified agricultural district.

D. Standards.

(1) Advertising. No advertising shall be allowed on any part of the wind energy conversion system, including the fencing and support structures. No lettering, company insignia, brand names, logo, or graphics shall be allowed on the tower or blades. Reasonable identification of the wind energy conversion system by the manufacturer and owner is permitted.
(2) Capacity. An agricultural wind energy conversion system shall generate no more than 110% of the farm operation's anticipated demand at the time of application.
(3) Colors and surfaces of wind energy conversion system. Colors and surface treatment of all wind energy conversion system shall minimize visual disruption by using white, beige, off-white, gray or another non-reflective, unobtrusive color, unless mandated otherwise by the FAA.
(4) Lighting.

(a) Wind energy conversion system shall comply with all applicable FAA requirements for air traffic warning lights.
(b) No artificial lighting shall be allowed on wind energy conversion system except to the extent required by the FAA or other air safety authority. Minimal ground level security lighting is permitted.

(5) Minimum lot size. An agricultural wind energy conversion system shall be installed on a lot of record equal to or greater than seven acres.
(6) Maximum number per lot of record. A maximum of one agricultural wind energy conversion system shall be installed on a lot of record.
(7) Noise. An agricultural wind energy conversion system shall not exceed 50 dBA, as measured at the closest neighboring inhabited dwelling at the time of installation. This level, however, may be exceeded during short-term events, such as utility outages and/or severe wind storms.
(8) Operation. All wind energy conversion system shall be maintained in operational condition meeting all of the requirements of this section at all times, subject to reasonable maintenance and repair outages. If the wind energy conversion system becomes inoperative, damaged, unsafe, or violates a standard, the owner shall remedy the situation within 90 days after written notice from the Code Enforcement Officer. The Code Enforcement Officer may extend the period by 90 days.
(9) Safety.

(a) The minimum distance from the ground to the rotor blade tips shall not be less than 20 feet.
(b) Wind energy conversion system shall not be climbable up to 15 feet above the ground. This can be achieved through anticlimbing devices or a fence around the tower with locking portals at least six feet high.
(c) All access doors on towers or to electrical equipment shall be locked or fenced.
(d) There shall be clearly visible signs on all wind energy conversion system, electrical equipment, and wind energy facility entrances warning of electrical shock or high voltage and harm from revolving machinery. Signage shall also include twenty-four-hour emergency contact information.
(e) Each wind energy conversion system shall be equipped with both manual and automatic controls to limit the rotational speed of the blade within the design limits of the rotor. Manual electrical and/or overspeed shutdown disconnect switches shall be provided and clearly labeled on the wind energy conversion system. No wind energy conversion system shall be permitted which lacks an automatic braking, governing, or feathering system to prevent uncontrolled rotation, overspeeding, and excessive pressure on the tower structure, rotor blades, and turbine components.
(f) All structures which may be charged with lightning shall be grounded according to the NEC.

(10) Setbacks.

(a) Each wind energy conversion system shall be set back 1.5 times its height from all existing residences on a nonparticipating owner's lot of record.
(b) Each wind energy conversion system shall be set back two times its height from the nearest school, hospital, place of worship, or public library.
(c) Each wind energy conversion system shall be set back 1.5 times its height from all lot lines, overhead utility or transmission lines, other towers, electrical substations, meteorological towers, and roads.

350 Figure 85 WInd Energy Conversion Setback.tif

Figure 85 - Wind Energy Conversion System Setback from Lot Lines

(d) Each wind energy conversion system shall be set back 1.5 times tower height from all structures and buildings. Exemption(s):

[1] A wind energy conversion system is not required to be setback from structures and buildings at a participating owner's property.

(e) Waivers. Setbacks may be waived by the designated approval authority if there is written consent from the affected owner(s) stating that he/she/they are aware of the wind energy conversion system and the setback limitations imposed by this section and that his/her/their consent is granted to allow reduced setbacks. However, in order to advise all subsequent owners of the burdened property, the consent shall be in the form required for an easement describing the benefited and burdened properties and shall be recorded at the office of the County Clerk. The easement shall be permanent and may not be revoked without the consent of the Town Board, which consent shall be granted upon either the completion of decommissioning of the benefitted wind energy conversion system in accordance with this section, or the acquisition of the burdened lot of record by the owner of the benefitted parcel.

(11) Total height. The total height of an agricultural wind energy conversion system shall not exceed 150 feet.

E. Abatement and decommissioning. An agricultural wind energy conversion system that is not used for 12 successive months shall be deemed abandoned and shall be dismantled and removed from the lot of record at the expense of the owner.

F. Tax exemption. The Town exercises its right to opt out of the tax exemption provisions of § 487 of the Real Property Tax Law of NYS, as currently in effect and as hereafter amended from time to time.

G. Public service agency notification. The owner of an agricultural wind energy conversion system shall provide written authorization that the applicable public service agency has approved his/her/their intent to install an interconnected customer-owned small wind energy conversion system. Off-grid wind energy conversion systems shall be exempt from this requirement.

Wind energy conversion system, large

A wind energy conversion system consisting of one wind turbine, one tower, and associated control or conversion electronics which has a rated capacity greater than 30 kilowatts.

Districts Where Allowed Districts where use may be allowed with Special Use Permit: AG, LI

Vehicle Parking:
See § 350-39: Parking and loading spaces for detailed information.

Development Requirements:
A. Intent. This section is designed to properly regulate and site large wind energy conversion systems and, thus, deal with potential problems they can create, including aesthetic impacts, drainage problems, harm to farm operations, a risk to bird and bat populations, risks to the property values of adjoining properties, significant noise, traffic problems during construction, and electromagnetic interference with various types of communication. Exemption(s):

(1) The substantive and procedural requirements of this section shall not apply to any wind energy conversion system that is governed by Article 10 of the Public Service Law of NYS, as currently in effect and as hereafter amended from time to time.

B. Specific definitions. The terms prescribed in the section of this chapter pertaining to agricultural wind energy conversion systems shall also be applicable to large wind energy conversion systems.

C. Use classification. A large wind energy conversion system shall be classified as an accessory use at a lot of record.

D. Application. In addition to the application requirements for a special use permit, an application for a large wind energy conversion system shall include the following additional information:

(1) Construction plan. A detailed construction plan, including but not limited to a construction schedule, hours of operation; designation of heavy haul routes; a list of material equipment and loads to be transported; identification of temporary facilities intended to be constructed and contact agent in the field with name, email address and telephone number.
(2) Decommissioning and site restoration plan. A decommissioning and site restoration plan that shall identify the lot(s) of record it applies to and shall indicate removal of all buildings, structures, wind turbines, access roads and/or driveways and foundations to four feet below finish grade; road repair costs, if any; and all regrading and revegetation necessary to return the site to the condition existing prior to establishment of the commercial wind energy conversion system. The restoration shall reflect the site specific character, including topography, vegetation, drainage, and any unique environmental features. The plan shall include a certified estimate of the total cost (by element) of implementing the removal and site restoration plan.
(3) Description. A description of the project, including the number of wind energy conversion systems, data pertaining to each tower's safety and stability, including safety results from test facilities and certification from the turbine manufacturer that the turbine is manufactured to operate at safe speeds, and, for each wind energy conversion system, the make, model, a picture, and manufacturing specifications, including noise decibel data and maximum rated capacity.
(4) Emergency response plan. A detailed emergency response plan created in consultation with the emergency response agency(ies) having jurisdiction over the site. The proposed plan may include, but is not limited to, the following:

(a) Fireproof or fire-resistant building materials.
(b) Buffers or fire-retardant landscaping.
(c) Availability of water.
(d) An automatic fire-extinguishing system for all buildings or equipment enclosures of substantial size containing control panels, switching equipment, or transmission equipment.
(e) Provision of training and firefighting equipment for local fire protection personnel.

(5) Engineering report. This shall be prepared by a professional engineer and provide information regarding:

(a) Ice throw. The report shall calculate the maximum distance that ice from the turbine blades could be thrown.
(b) Blade throw. The report shall calculate the maximum distance that pieces of the turbine blades could be thrown.
(c) Catastrophic tower failure. The report shall include a statement from the turbine manufacturer detailing the wind speed and conditions that the turbine is designed to withstand.
(d) Certification that the foundation and tower design are sufficient to withstand wind-loading requirements for structures as established by the Uniform Code.

(6) FAA notification. A copy of written notification to the FAA pertaining to the installation of a wind energy conversion system.
(7) Insurance. Proof of insurance in a sufficient dollar amount to cover potential personal and property damage associated with the construction and operation of the proposed project. The Town shall be named as an additional insured under the general liability policy of the applicant.
(8) Landscaping plan. A landscaping plan prepared and sealed by a registered design professional showing the current vegetation, describing the area to be cleared, listing the specimens proposed to be added, and detailing regrading and restoration measures to be taken after construction according to NYSDAM and NYSDEC guidelines. The plan should also include details pertaining to erosion and sediment control as well as stormwater management pursuant to any applicable regulation of the NYSDEC.
(9) NYSERDA. Evidence from NYSERDA that the site is feasible for commercial wind energy generation.
(10) Site plan. A site plan prepared and sealed by a licensed land surveyor or registered design professional drawn in sufficient detail to clearly show the following:

(a) Lot lines, physical dimensions of the site, and the location, dimensions and types of existing structures and uses on the site.
(b) Roads, whether private or public.
(c) Adjoining properties within 500 feet of the site, including zoning designations, residences, schools, churches, hospitals, and libraries within 1,000 feet of each tower.
(d) The proposed location, elevation, and total height of each wind energy conversion system.
(e) Aboveground and underground utility lines within a radius of 1.5 times the total height of the wind energy conversion system.
(f) Setback lines.
(g) All other proposed facilities on the site, including transformers, electrical lines, substations, storage or maintenance units, ancillary equipment or structures, transmission lines, and fencing.
(h) Federal, state, county or local parks, recognized historic or heritage sites, state and federal identified wetlands, or important bird areas within a radius of 10 miles, as identified in federal, state, county, local or New York Audubon's GIS databases or other generally available documentation.

(11) Studies. Studies prepared by a qualified person on:

(a) Agricultural mitigation. An analysis detailing the agricultural mitigation needed to restore a farm operation disturbed by a wind energy conversion system. The applicant shall solicit input from the NYSDAM on such studies and shall follow any pertinent protocols established, adopted, or promulgated by such state department.
(b) Avian impact. An analysis of bird and bat migration, nesting, and habitat that would be affected by the proposal. The applicant shall solicit input from the NYSDEC on such studies and shall follow any pertinent protocols established, adopted, or promulgated by such state department.
(c) Cultural resources. An analysis describing the potential impacts of the project upon cultural resources as identified by NYSOPRHP. Such study shall be approved by such state office and include any follow-up study or assessment recommended by NYSOPRHP.
(d) Electromagnetic interference. An analysis of the potential for electromagnetic interference with microwave, radio, television, personal communication systems, 911, and other wireless communication. A copy of the written notification to all communication operators within two miles of the project shall be attached to such study.
(e) Fiscal and economic impact. A property value analysis prepared by a licensed appraiser in accordance with industry standards, regarding the potential impact on the value of lots of record adjoining the project site.
(f) Geotechnical impact. An analysis of soils engineering and engineering geologic characteristics of the site based on on-site sampling and testing, foundation design criteria for all proposed structures, slope stability analysis, grading criteria for ground preparation, cuts and fills, and soil compaction.
(g) Land use and water impacts. An analysis detailing potentially impacted wetlands, surface water and groundwater resources, and the geology and land use of the site.
(h) Noise. A noise analysis that shall include a description and map of the project's noise-producing features and the noise-sensitive environment, including the range of noise levels and the tonal and frequency characteristics expected. The applicant shall solicit input from the NYSDEC on such studies and shall follow any pertinent protocols established, adopted, or promulgated by such state department.
(i) Shadow flicker. An analysis that shall identify locations where shadow flicker may interfere with residences and roadways and the expected duration of the flicker. The study shall identify measures that shall be taken to eliminate or mitigate the problem, which may include ceasing operation during periods when shadow flicker effects are at its greatest.
(j) Visual impact. An analysis that shall include a computerized photographic simulation showing the site fully developed and demonstrating any visual impacts from strategic vantage points. The applicant shall solicit input from the NYSDEC on such studies and shall follow any pertinent protocols established, adopted, or promulgated by such state department.

(12) Transportation plan. A preliminary transportation plan describing ingress and egress to the proposed project site to deliver equipment and provide access during and after construction. Such plan shall describe any anticipated improvements to existing roads, bridges, or other infrastructure, as well as measures which will be taken to restore damaged or disturbed access routes following construction. A copy of the written notification to all local, state and/or federal transportation agencies shall be included in such plan.
(13) Wind energy conversion system drawings. Vertical drawings of all wind energy conversion systems, showing total height, turbine dimensions, tower and turbine colors, ladders, distance between the ground and the lowest point of any blade, and the location of climbing pegs and access doors. One drawing may be submitted for each wind energy conversion system of the same type and total height.

E. Standards.

(1) Advertising. No advertising shall be allowed on any part of the wind energy conversion system, including the fencing and support structures. No lettering, company insignia, brand names, logo, or graphics shall be allowed on the tower or blades. Reasonable identification of the wind energy conversion system by the manufacturer and owner is permitted.
(2) Ecosystems and animals. Wind energy conversion systems may not cause any violations of the Endangered Species Act or of NYS endangered species regulations.
(3) Interference with electromagnetic communications, radio signals, microwave and television signals. No wind energy conversion system shall be installed in any location where its proximity with microwave communications, fixed broadcast, retransmission or reception antenna for radio, wireless phone, or other personal communications systems would produce substantial electromagnetic interference with signal transmission or reception. Any interference with television signals shall be mitigated.
(4) Colors and surfaces of wind energy conversion system. Colors and surface treatment of all wind energy conversion system shall minimize visual disruption by using white, beige, off-white, gray or another nonreflective, unobtrusive color unless mandated otherwise by the FAA.
(5) Landscaping. Subject to the owner's preference, the landscaping of the wind energy conversion system should be appropriate to screen accessory structures from roads and adjacent residences. It should be designed to minimize the impacts of land clearing and loss of open space.
(6) Lighting.

(a) Wind energy conversion system shall comply with all applicable FAA requirements for air traffic warning lights.
(b) No artificial lighting shall be allowed on wind energy conversion system except to the extent required by the FAA or other air safety authority. Minimal ground level security lighting is permitted.

(7) Minimum lot size. A large wind energy conversion system shall be installed on a lot of record equal to or greater than 20 acres.
(8) Operation.

(a) Maintenance. The owner of the wind energy conversion system shall submit an annual report of operations and maintenance to the Town.
(b) All wind energy conversion system shall be maintained in operational condition meeting all of the requirements of this section at all times, subject to reasonable maintenance and repair outages. If the wind energy conversion system becomes inoperative, damaged, unsafe, or violates a standard, the owner shall remedy the situation within 90 days after written notice from the Code Enforcement Officer. The Code Enforcement Officer may extend the period by 90 days.
(c) If the wind energy conversion system is not repaired or brought into compliance within the time frame stated above, the Town may, after a public hearing, order remedial action or revoke the special use permit and order removal of the wind energy conversion system within 90 days.
(d) Inspections. All wind energy conversion system shall be inspected annually for structural and operational integrity by a registered design professional. The Town has the right to enter the lot of record containing a wind energy conversion system at any reasonable time to inspect the wind energy conversion system.

(9) Noise.

(a) The noise level generated by a wind energy conversion system shall not exceed 45 dBA for more than six minutes out of any one-hour time period, nor exceed 50 dBA for any time period, as measured at the lot line of a nonparticipating lot of record.
(b) The noise level generated by a wind energy conversion system shall not increase ambient sound levels by more than three dBA at any sensitive noise receptors, including residences, hospitals, libraries, schools, and places of worship, within 2,500 feet of the participating lot of record.
(c) If the ambient noise level measured at participating lot of record exceeds the standard, the standard shall be equal to the ambient noise level plus three dBA.
(d) Independent certification shall be required after construction demonstrating compliance with this noise standard.

(10) Safety.

(a) The minimum distance from the ground to the rotor blade tips shall not be less than 50 feet.
(b) Wind energy conversion system shall not be climbable up to 15 feet above the ground. This can be achieved through anticlimbing devices or a fence around the tower with locking portals at least six feet high.
(c) All access doors on towers or to electrical equipment shall be locked or fenced.
(d) There shall be clearly visible signs on all wind energy conversion system, electrical equipment, and wind energy facility entrances warning of electrical shock or high voltage and harm from revolving machinery. Signage shall also include twenty-four-hour emergency contact information.
(e) Each wind energy conversion system shall be equipped with both manual and automatic controls to limit the rotational speed of the blade within the design limits of the rotor. Manual electrical and/or overspeed shutdown disconnect switches shall be provided and clearly labeled on the wind energy conversion system. No wind energy conversion system shall be permitted which lacks an automatic braking, governing, or feathering system to prevent uncontrolled rotation, overspeeding, and excessive pressure on the tower structure, rotor blades, and turbine components.
(f) All structures which may be charged with lightning shall be grounded according to the NEC.

(11) Setbacks.

(a) Each wind energy conversion system shall be set back 1.5 times its height from all existing residences on a nonparticipating owner's lot of record.
(b) Each wind energy conversion system shall be set back two times its height from the nearest school, hospital, place of worship, or public library.
(c) Each wind energy conversion system shall be set back 1.5 times its height from all lot lines, overhead utility or transmission lines, other towers, electrical substations, meteorological towers, and roads.
(d) Each wind energy conversion system shall be set back 1.5 times tower height from all structures and buildings other than residences on a nonparticipating owner's property.
(e) Waivers. Setbacks may be waived by the designated approval authority if there is written consent from the affected owner(s) stating that he/she/they are aware of the wind energy conversion system and the setback limitations imposed by this section and that his/her/their consent is granted to allow reduced setbacks. However, in order to advise all subsequent owners of the burdened property, the consent shall be in the form required for an easement describing the benefited and burdened properties and shall be recorded at the office of the County Clerk. The easement shall be permanent and may not be revoked without the consent of the Town Board, which consent shall be granted upon either the completion of decommissioning of the benefitted wind energy conversion system in accordance with this section, or the acquisition of the burdened lot of record by the owner of the benefitted parcel.

(12) Shadow flicker. Wind energy conversion system shall be located in a manner that makes reasonable efforts to minimize shadow flicker to any building and/or structure on a nonparticipating owner's lot of record or road. An owner of a wind energy conversion system shall be required to undertake reasonable mitigation measures for shadow flicker, provided it allows the continued operation of the wind energy conversion system.
(13) Siting and installation.

(a) Any construction on agricultural land should be conducted according to the NYSDAM's "Guidelines for Agricultural Mitigation for Wind Power Projects."
(b) Connection of transmission lines from the wind energy facility to local distribution lines.

[1] No construction of any wind energy conversion system shall be started until evidence is given of a signed interconnection agreement or letter of intent with an interconnecting public service agency.
[2] A wind energy conversion system shall meet the requirements for interconnection and operation as set forth in the public service agency's regulations.
[3] Transmission lines and points of connection to local distribution lines should be combined to the extent possible. The wind energy conversion system should be connected to existing substations if possible, or if new substations are needed, the number should be minimized.

(c) Power lines. Power lines between wind energy conversion systems and any other buildings or structures should be completely underground. Power lines between wind energy conversion system and the on-site substation should be placed underground. Power lines for connection to a public service agency and transmission poles, towers, and lines may be aboveground.
(d) Road access to project site. Subject to the owner's preference, entrances to access roads shall be gated and kept locked. The project shall only use designated traffic routes established in the application review process. Routes should be chosen to minimize traffic impacts and shall take into consideration a wind energy conversion system adverse impact to traffic during school bus times, wear and tear on local roads, and impacts on local businesses. Existing roads should be used to the extent possible or, if new roads are needed, they should minimize the amount of land used and the adverse environmental impacts. The applicant is responsible for remediation of any damaged roads due to siting and installation of the wind energy conversion system.

(14) Total height. The total height of a large wind energy conversion system shall not exceed 400 feet.
(15) Traffic routes.

(a) Construction of large wind energy conversion systems poses potential risks because of the large sized construction vehicles and their impact on traffic safety and their physical impact on local roads. Construction and delivery vehicles for such systems and for associated facilities shall use traffic routes established as part of the application review process. Factors in establishing such corridors shall include:

[1] Minimizing traffic impacts from construction and delivery vehicles, including impacts on local residential areas; and
[2] Minimizing related traffic during times of school bus activity; and
[3] Minimizing wear and tear on local roads; and
[4] Minimizing impacts on local business operations; and
[5] A plan for disseminating traffic route information to the public.

(b) The applicant/owner is responsible for obtaining all necessary permits and repairing damage on all roads, whether such damage occurs during the construction or maintenance of a wind energy conversion system. All applicable local, county, state and federal highway departments shall approve the transportation plan and a copy of such approvals shall be submitted to the Town.

(16) Type of construction. A wind energy conversion system shall be of monopole construction (single pole). No lattice structures or guy-wire-supported structures shall be permitted.

F. Abatement, decommissioning, site restoration plan and bond.

(1) Abatement and decommissioning. If a wind energy conversion system is not operated for a continuous period of 12 months, the Town will contact the owner by registered mail and provide 90 days for a response. The owner is required to respond and set forth reasons for the stoppage and a timetable for action. If the Town has made all reasonable efforts to notify the owner but the owner does not satisfactorily respond, the Town can contract for removal and restoration using the money in the decommissioning bond, after salvage value, and charge the owner any difference in cost.
(2) Decommissioning and site restoration plan. The plan shall include:

(a) The anticipated life of the wind energy conversion system; and
(b) Triggering events for decommissioning and removal; and
(c) The estimated decommissioning costs in current dollars; and
(d) How the estimate was determined; and
(e) Provision for a reestimate of such decommissioning costs every five years by a registered design professional; and
(f) The manner in which the wind energy conversion system will be decommissioned and the site restored, including removal of all structures, turbines, cabling, electrical components, debris, and foundations to a depth of four feet, restoration of the soil and vegetation, and restoration of roads and driveways, less any fencing or residual minor improvements requested by the owner.

(3) A decommissioning bond payable to the Town in an amount to be determined by the Town for removal of nonfunctional wind energy conversion system and restoration of the site shall be maintained by the owner.
(4) The bond, letter of credit, or other equivalent form of security shall be confirmed to be sufficient to cover decommissioning and site restoration costs every five years.

G. Transfer and replacement.

(1) If ownership of a wind energy conversion system changes, the new owner shall present full contact information and proof to the Town that all required bonds and insurance policies remain in full force 30 days prior to the transfer of ownership.
(2) Any replacement of or modification or alteration to a wind energy conversion system, excluding regular maintenance and repair, requires an amendment to the special use permit, which amendment shall not be unreasonably withheld.
(3) Replacement of a wind energy conversion system may occur without an amendment to the special use permit when there will be:

(a) No increase in the total height of the wind energy conversion system; and
(b) No change in the location of the wind energy conversion system; and
(c) No additional lighting on the wind energy conversion system, except to the extent required by the FAA; and
(d) No increase in noise produced by the wind energy conversion system.

H. Tax exemption. The Town exercises its right to opt out of the tax exemption provisions of § 487 of the Real Property Tax Law of NYS, as currently in effect and as hereafter amended from time to time.

I. Public service agency notification. The owner of a large wind energy conversion system shall provide written authorization that the applicable public service has approved his/her/their intent to install an interconnected customer-owned large wind energy conversion system. Off-grid wind energy conversion systems shall be exempt from this requirement.

Wind energy conversion system, small

A wind energy conversion system consisting of one wind turbine, one tower, and associated control or conversion electronics which has a rated capacity equal to or less than 30 kilowatts.

Districts Where Allowed Districts where use may be allowed with Special Use Permit: AG, AR, CO, LI

Vehicle Parking:
See § 350-39: Parking and loading spaces for detailed information.

Development Requirements:
A. Intent. The intent of this section is to balance the need for clean, renewable energy resources and the necessity to protect the public health, safety and welfare of the community. The Town Board finds these regulations are necessary to ensure that small wind energy conversion systems are appropriately designed, sited and installed.

B. Specific definitions. The terms prescribed in the section of this chapter pertaining to agricultural wind energy conversion systems shall also be applicable to small wind energy conversion systems.

C. Use classification. A small wind energy conversion system shall be classified as an accessory use at a lot of record.

D. Standards.

(1) Accessory use. A small wind energy conversion system shall be classified as an accessory use.
(2) Advertising. No advertising shall be allowed on any part of the wind energy conversion system, including the fencing and support structures. No lettering, company insignia, brand names, logo, or graphics shall be allowed on the tower or blades. Reasonable identification of the wind energy conversion system by the manufacturer and owner is permitted.
(3) Colors and surfaces of wind energy conversion system. Colors and surface treatment of all wind energy conversion system shall minimize visual disruption by using white, beige, off-white, gray or another nonreflective, unobtrusive color unless mandated otherwise by the FAA.
(4) Lighting.

(a) Wind energy conversion system shall comply with all applicable FAA requirements for air traffic warning lights.
(b) No artificial lighting shall be allowed on wind energy conversion system except to the extent required by the FAA or other air safety authority. Minimal ground level security lighting is permitted.

(5) Minimum lot size. A small wind energy conversion system shall be installed on a lot of record equal to or greater than five acres.
(6) Noise. A small wind energy conversion system shall not exceed 50 dBA, as measured at the closest neighboring inhabited dwelling at the time of installation. This level, however, may be exceeded during short-term events, such as utility outages and/or severe wind storms.
(7) Operation.

(a) All wind energy conversion system shall be maintained in operational condition meeting all of the requirements of this section at all times, subject to reasonable maintenance and repair outages. If the wind energy conversion system becomes inoperative, damaged, unsafe, or violates a standard, the owner shall remedy the situation within 90 days after written notice from the Code Enforcement Officer. The Code Enforcement Officer may extend the period by 90 days.
(b) If the wind energy conversion system is not repaired or brought into compliance within the time frame stated above, the Town may, after a public hearing, order remedial action or revoke the special use permit and order removal of the wind energy conversion system within 90 days.

(8) Safety.

(a) The minimum distance from the ground to the rotor blade tips shall not be less than 20 feet.
(b) Wind energy conversion system shall not be climbable up to 15 feet above the ground. This can be achieved through anticlimbing devices or a fence around the tower with locking portals at least six feet high.
(c) All access doors on towers or to electrical equipment shall be locked or fenced.
(d) There shall be clearly visible signs on all wind energy conversion system, electrical equipment, and wind energy facility entrances warning of electrical shock or high voltage and harm from revolving machinery. Signage shall also include twenty-four-hour emergency contact information.
(e) Each wind energy conversion system shall be equipped with both manual and automatic controls to limit the rotational speed of the blade within the design limits of the rotor. Manual electrical and/or overspeed shutdown disconnect switches shall be provided and clearly labeled on the wind energy conversion system. No wind energy conversion system shall be permitted which lacks an automatic braking, governing, or feathering system to prevent uncontrolled rotation, overspeeding, and excessive pressure on the tower structure, rotor blades, and turbine components.
(f) All structures which may be charged with lighting shall be grounded according to the NEC.

(9) Setbacks.

(a) Each wind energy conversion system shall be set back 1.5 times its height from all existing residences on a nonparticipating owner's lot of record.
(b) Each wind energy conversion system shall be set back two times its height from the nearest school, hospital, place of worship, or public library.
(c) Each wind energy conversion system shall be set back 1.5 times its height from all lot lines, overhead utility or transmission lines, other towers, electrical substations, meteorological towers, and roads.
(d) Each wind energy conversion system shall be set back 1.5 times tower height from all structures and buildings other than residences on a nonparticipating owner's property.
(e) Waivers. Setbacks may be waived by the designated approval authority if there is written consent from the affected owner(s) stating that he/she/they are aware of the wind energy conversion system and the setback limitations imposed by this section and that his/her/their consent is granted to allow reduced setbacks. However, in order to advise all subsequent owners of the burdened property, the consent shall be in the form required for an easement describing the benefited and burdened properties and shall be recorded at the Office of the County Clerk. The easement shall be permanent and may not be revoked without the consent of the Town Board, which consent shall be granted upon either the completion of decommissioning of the benefitted wind energy conversion system in accordance with this section, or the acquisition of the burdened lot of record by the owner of the benefitted parcel.

(10) Total height. The total height of a small wind energy conversion system shall not exceed 65 feet. Exemption(s):

(a) The total height shall not exceed 150 feet at a lot of record at a lot of record located in the Agriculture (AG), Commercial (C) or Light Industrial Zoning Districts.

E. Abatement and decommissioning. A small wind energy conversion system that is not used for 12 successive months shall be deemed abandoned and shall be dismantled and removed from the lot of record at the expense of the owner.

F. Tax exemption. The Town exercises its right to opt out of the tax exemption provisions of § 487 of the Real Property Tax Law of NYS, as currently in effect and as hereafter amended from time to time.

G. Public service agency notification. The owner of a small wind energy conversion system shall provide written authorization that the applicable public service agency has approved his/her/their intent to install an interconnected customer-owned small wind energy conversion system. Off-grid wind energy conversion systems shall be exempt from this requirement.

Wireless telecommunications facility

Any or all of the physical elements of the central cell facility that contains all the receivers, transmitters, and other apparatus needed for the cellular/PCS operation, which is also known as base transceiver station (BTS).

Districts Where Allowed Districts where use may be allowed with Special Use Permit: AG, AR, CO, HA, LCOM, LI

Vehicle Parking:
See § 350-39: Parking and loading spaces for detailed information.

Development Requirements:
A. Intent. The purpose of this section is to establish predictable and balanced regulations for the siting of telecommunications facilities in order to accommodate the growth of such facilities while protecting the public against any adverse impacts on aesthetic resources and the public safety and welfare. The Town wants to accommodate the need for telecommunications facilities while regulating their location and number, minimizing adverse visual impacts through proper design, siting and screening, avoiding potential physical damage to adjacent properties, and encouraging joint use of telecommunications towers. This section also seeks to minimize the total number of telecommunications towers in the community by encouraging shared use of existing and future towers, and the use of existing tall buildings and other high structures, in order to further minimize adverse visual effects from telecommunications towers. Lastly, this section is not intended to prohibit or have the effect of prohibiting the provision of personal wireless services nor shall it be used to unreasonably discriminate among providers of functionally equivalent services consistent with current federal regulations.

B. Co-location of a telecommunication facility permitted as a right. The co-location of a telecommunications facility shall be permitted as a right in the Town.

C. Specific definitions. The following terms are specific to the use regulated by this section:

Figure 80 - Co-Location

CO-LOCATION - The act of siting a telecommunication facility on an existing telecommunication tower or similar structure (e.g., aboveground water storage tower) without the need to construct a new telecommunications tower.
HEIGHT - The height of the telecommunications facility shall be measured from the grade plane at the base of the telecommunications tower to the highest point of the tower, including, but not limited to, antennas, transmitters, satellite dishes or any other structures affixed to or otherwise placed on such tower. If the base of the telecommunications tower is not on ground level, the height of the telecommunications facility shall include the grade plane at the foundation of the building or structure to which such tower is attached.
TELECOMMUNICATIONS ANTENNA - A system of electrical conductors that transmit or receive radio frequency waves.
TELECOMMUNICATIONS TOWER - A structure on which one or more antennas will be located, that is intended for transmitting and/or receiving radio, television, telephone, wireless or microwave communications for an FCC-licensed carrier, but excluding those used exclusively for fire, police and other dispatch communications, or exclusively for private radio and television reception and private citizen's bands, amateur radio and other similar private, residential communications.

D. Applications. In addition to the application requirements described within this chapter, applications for the installation of a telecommunications facility proposing a new telecommunications tower shall comply with the following application requirements and the more restrictive requirement shall apply in cases of conflict:

(1) Documentation of need.

(a) The applicant shall demonstrate, using technological evidence, that the telecommunications facility must be located in its proposed location in order to satisfy its function pursuant to the applicant's technological requirements.
(b) The applicant shall provide a report inventorying all existing tall structures and/or existing telecommunications towers within a reasonable distance of the proposed site. Such distance shall be determined by the designated approval authority in consultation with the applicant. The report shall outline opportunities for co-location at these existing structures and/or towers as an alternative to a proposed new telecommunications tower. The report shall demonstrate good faith efforts to secure co-location from the owner of each existing tall structure and/or existing telecommunications tower as well as documentation of the physical, technical and/or financial reasons why co-location is not practical in each case. Written requests and responses for co-location shall be provided.

(2) Site plan. Provide a scaled site plan(s) prepared and sealed by a registered design profession that illustrates the following:

(a) Location and size of the proposed telecommunications tower, support structures, accessory structures, roads, parking, fences, signs, and landscaped areas.
(b) Setback dimensions to all contiguous lot lines, buildings and/or structures.
(c) Existing topography, with contour intervals of not more than 10 feet, related to the United States Geological Survey datum.
(d) The location of bridges, flood hazard areas, roads, steep slopes, waterbodies/watercourses, wetlands, wooded areas and other geological features within the site.

(3) County airport coordination. Provide a copy of written notice to the county airport and any comments received from such airport.
(4) Decommissioning plan. Provide a decommissioning plan outlining the anticipated means and cost of removing the telecommunications facility, including all accessory facilities and structures, at the end of their serviceable life or at facility abandonment.
(5) Emergency response plan. Provide an emergency response plan that is approved by the fire department having jurisdiction and the County Office of Emergency Management.
(6) FAA. FAA approval for telecommunications facilities exceeding 200 feet in height shall be provided. Otherwise, provide documentation that telecommunications facilities less than 200 feet in height shall meet the requirements of 14 CFR Part 77.13(a), as amended.
(7) FCC.

(a) Provide documentation that the telecommunications facility is licensed by the FCC.
(b) Provide documentation of FCC approval for the proposed telecommunications tower.

(8) Fire apparatus access road. Provide construction documents that are prepared and sealed by a professional engineer that a fire apparatus access road shall be constructed from a public road to the telecommunications facility. Such fire apparatus access road shall comply with the applicable provisions of the Uniform Code.
(9) Intermunicipal notification. In order to keep any neighboring municipalities informed and to facilitate co-location of telecommunications facilities in such municipalities, the applicant shall provide written documentation that he/she/they have notified the legislative bodies of each municipality that borders the Town, the County Planning Board, the County Board of Legislatures, the County Office of Emergency Management and the County Office of the Sheriff. Such notification shall include the exact location of the proposed new telecommunications tower and a general description of the project, including but not limited to the height of such tower and its capacity for future shared use.
(10) Landscaping plan. Provide a landscaping plan prepared and sealed by a registered design professional showing the current vegetation, describing the area to be cleared, listing the specimens proposed to be added and detailing regrading and restoration measures to be taken after construction according to NYSDAM and NYSDEC guidelines. The plan should also include details regarding how erosion and sediment control will be dealt with.
(11) Letter of credit/security. Provide a letter of credit or other form of security acceptable to the Town Attorney as to the form and manner of execution in an amount sufficient for the faithful performance of the terms and conditions of this section; the conditions of the permit or approval issued hereunder for the observation of all Town laws to cover the maintenance of a telecommunications facility during its lifetime and provide for its removal. The amount required shall be at the applicant's expense as determined by the Town Engineer. In the event of default upon the performance of any such conditions, the letter of credit or security shall be forfeited to the Town which shall be entitled an action thereon. The letter of credit or security shall remain in full force and effect until the remove of the telecommunications facility and site restoration.
(12) Professional studies on:

(a) Visual impact. This professional study shall include a computerized photographic simulation showing the site fully developed and demonstrating any visual impacts from strategic vantage points. Color photographs of the proposed site from at least five locations accurately depicting the existing conditions shall be included. The study shall also indicate the color treatment of the facility's components and any visual screening incorporated into the project that is intended to lessen visual prominence. Lastly, the study shall comply with NYSDEC's program policy titled "Assessing and Mitigating Visual Impacts."
(b) Geotechnical impact. This professional study shall at a minimum include an analysis of soils engineering and engineering geologic characteristics of the site based on on-site sampling and testing, foundation design criteria for all proposed structures, slope stability analysis, grading criteria for ground preparation, cuts and fills, and soil compaction.
(c) Engineer's report. This report shall be prepared and sealed by a registered design professional that verifies that the telecommunications tower conforms to acceptable industry standards and can withstand the loading requirements (e.g., wind.) for structures as established by the Uniform Code.
(d) Fiscal and economic impact. This professional study shall include a property value analysis prepared by an appraiser licensed in NYS in accordance with industry standards, regarding the potential impact on the value of lots of record adjoining the project site.

(13) Telecommunications tower.

(a) Provide the manufacturer's construction drawings and specifications for the telecommunications tower.
(b) Provide a letter of intent committing the owner of any proposed new telecommunications tower and his/her/their successors in interest to negotiate in good faith for shared use of the proposed tower by other telecommunications providers in the future. Such letter shall state that the owner will:

[1] Respond within 90 days to a request for information from a potential shared use applicant; and
[2] Negotiate in good faith concerning future requests for shared use of the new tower by other telecommunications providers; and
[3] Allow shared use of the new telecommunications tower if another telecommunications provider agrees, in writing, to pay reasonable charges. Such charges may include but are not limited to a prorated share of the cost of the site selection, site design, construction and maintenance financing, return on equity and depreciation, and all costs of adapting the telecommunication tower and its associated equipment to accommodate a shared user without causing electromagnetic interference.

E. Standards.

(1) Abandonment and removal. At the time of submission of the application for a telecommunication facility, the applicant shall submit an agreement to remove all antennas, driveways, structures, buildings, equipment sheds, lighting, utilities, fencing, gates, accessory equipment or structures, as well as any tower used as a telecommunications facility if such facility becomes technologically obsolete or ceases to perform its originally intended function for more than 12 consecutive months. Upon removal, the land shall be restored to its previous condition, including but not limited to the seeding of exposed soils.
(2) Access and parking spaces. A fire apparatus access road and required parking spaces will be provided to assure adequate emergency and service access.
(3) Co-location. The shared use of existing telecommunications towers or other structures shall be preferred to the construction of new towers. Any application proposing to construct a new telecommunications tower shall include proof that reasonable efforts have been made to co-locate within an existing telecommunications facility or upon an existing structure within a reasonable distance, regardless of municipal boundaries, of the site. The applicant must demonstrate that the proposed telecommunications facility cannot be accommodated on existing telecommunications facilities due to one or more of the following reasons:

(a) The planned equipment would exceed the structural capacity of existing and approved telecommunications facilities or other structures, considering existing and planned use for those facilities;
(b) The planned equipment would cause radio frequency interference with other existing or planned equipment, which cannot be reasonably prevented;
(c) Existing or approved telecommunications facilities or other structures do not have space on which proposed equipment can be placed so it can function effectively and reasonably;
(d) Other technical reasons make it impracticable to place the equipment proposed by the applicant on existing facilities or structures; and
(e) The owner of the existing telecommunications facility or other structure refuses to allow such co-location or requests an unreasonably high fee for such co-location compared to current industry rates.

(4) Engineering standards.

(a) All telecommunications facilities shall be built, operated and maintained to comply with all applicable industry standards.
(b) All telecommunications facilities shall be designed by a registered design professional to conform to the wind resistance requirements prescribed by the Uniform Code.

(5) Fall zones. Telecommunications facilities shall be constructed so as to minimize the potential safety hazards and located in such a manner that, if the facility should fall, it will remain within the lot of record and avoid buildings, structures, roads, utilities and other telecommunications facilities.
(6) Height. Telecommunications facilities shall be designed to be the minimum height needed to meet the service objectives of the applicant and anticipated co-locators.
(7) Lighting. Telecommunications facilities shall not be lighted unless required by the FAA or FCC.
(8) Security.

(a) Towers, anchor points around guyed towers, and accessory structures shall each be surrounded by fencing not less than six feet in height.
(b) There shall be no permanent climbing pegs within 15 feet of the ground.
(c) Motion-activated or staff-activated security lighting around the base of a tower or site entrance may be provided if such lighting does not project off the site.
(d) A locked gate at the junction of the access way and a public thoroughfare may be required to obstruct entry by unauthorized vehicles. Such gate must not protrude into the public road.

(9) Setbacks. Telecommunications facilities shall comply with all existing setbacks within the affected zoning district. Setbacks shall apply to all tower parts, including guy wire anchors, and to any accessory facilities. Additional setbacks may be required by the designated approval authority to protect life and safety from icefall or debris from tower failure as well as to preserve privacy at contiguous lots of record containing a public or residential use.
(10) Signage. Signs located at telecommunications facilities shall be limited to ownership and contact information, FCC antenna registration number and any other information as required by law. Commercial advertising is strictly prohibited.
(11) Telecommunications tower.

(a) Any new telecommunications tower shall be designed to accommodate future shared use by at least three other telecommunications providers.
(b) Unless required otherwise by the FAA or FCC, a telecommunications tower shall have a finish, whether painted or unpainted, that minimizes its degree of visual impact.

(12) Vegetation and screening.

(a) Existing on-site vegetation shall be preserved to the maximum extent possible. Clear cutting of all trees in a single contiguous area shall be minimized to the extent possible.
(b) The designated approval authority may require appropriate buffering around the fences of the tower base area, accessory structures and the anchor points of guyed towers to buffer their view from neighboring residences, recreation areas, waterways, historic or scenic areas, or public roads.

Town of Milo, NY

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