Town of Milo - General Requirements

Accessory structure and/or uses A. General. Accessory structure and/or use shall be located on the same lot of record as the permitted principal building and/or use. If a permitted principal building and/or use does not exist on a lot of record, an accessory structure or use may be constructed on such lot of record but shall be customarily incidental and subordinate to any future permitted principal building and/or use.

B. Criteria for determining whether a use is accessory.

(1) Use must be subordinate to the permitted principal use. A subordinate use incorporates the requirement that the accessory use be minor in relation to the permitted principal use. The following factors shall be considered in determining whether a use is subordinate:

(a) Purpose and intent of the zoning district. The purpose and intent of the zoning district and the nature of uses allowed as a permitted principal use shall be considered. As written in its definition, an accessory use shall not be a nonconforming use, prohibited use and/or a special use.

(b) Area devoted to the use. The area devoted to the use in relation to the permitted principal use shall be considered. However, the fact that an accessory use occupies less area than the permitted principal use does not necessarily make it subordinate, and the fact that a use occupies more area than the permitted principal use does not necessarily preclude it from being subordinate. For example, on a one-acre lot with a single-unit dwelling as the permitted principal use, gardening would nonetheless be subordinate to the permitted principal use even though the gardened portion of the lot may consume a significant portion of the lot's area.
(c) Frequency of the use. The time devoted to the use in relation to the permitted principal use shall be considered. An occasional/seasonal use, in relation to a year-around permitted principal use, would likely be considered to be subordinate to the permitted principal use. Conversely, a purported year-round accessory use would not be subordinate to a occasional/seasonal permitted principal use.
(d) Active versus passive activities. The relative intensity of the use, and the resulting impacts on the land and the neighboring structures and/or lots of record, shall be considered. For example, as between a landscaping business and a nursery, the landscaping business is often the more intense use because it may have a business office, employees and landscaping vehicles and equipment coming and going, as well as a storage yard where landscaping equipment and materials are stored and equipment is maintained. A nursery, on the other hand, may be limited to an area where plants are stored and watered until they can be used in the landscaping work.
(e) Number of employees and work hours. The number of employees assigned to a use and their work hours shall be a relevant consideration. Although in most cases one may expect that the accessory use will have fewer employees than the permitted principal use, that is not always the case. For example, an equipment storage yard use may have a single employee assigned to work on storage-related activities. However, the maintenance of the stored equipment could be considered to be a permitted subordinate use, even though there are more employees performing equipment maintenance work.
(f) Whether the use is truly subordinate to the permitted principal use or whether it is a different, alternative additional principal use. The use must truly be subordinate to the permitted principal use and not be a different, alternative or additional use. For example, a barn constructed to house heavy construction equipment used solely for construction services is a different, alternative additional use than a farm operation.

(2) Use shall be customarily incidental to the permitted principal use. The term "incidental" incorporates the concept of a reasonable relationship with the permitted principal use. It is not enough that the use be subordinate; it must also be attendant or concomitant. To ignore this latter aspect of "incidental" would be to permit any use which is not a permitted principal use, no matter how unrelated it is to the permitted principal use. The following factors shall be considered in determining whether a use is customarilincidentalal to the permitted principal use:

(a) The size of the lot of record and surrounding land conditions.
(b) The nature of the permitted principal use located at the lot of record, adjacent lots of record and allowed in the applicable zoning district.
(c) The goals, objectives and purpose of the applicable zoning district as indicated in the Comprehensive Plan and this chapter.
(d) Whether the proposed use is customarily incidental to the permitted principal use as determined by an AHJ.

For example, the kinds of uses that are commonly, habitually and by long practice established as uses that are reasonably associated with a single-unit dwelling include garages, swimming pools, decks, gazebos, small sheds and small-scale gardening; the kinds of uses that are commonly, habitually and by long practice established as uses that are reasonably associated with a farm operation include barns, sheds, silos, the storage of farm equipment and machinery, and the raising of crops and livestock.

C. Location. Accessory structures shall be constructed in compliance with requirements for the zoning district in which such structure is located, except as noted elsewhere in this chapter. Exemption(s):

(1) Clothesline and flagpoles. Notwithstanding any other provision of this chapter, clotheslines and flagpoles shall be exempt from any yard requirements, provided that such poles shall be constructed of standard materials used for such purposes.
(2) Exterior stairs not acting as a means of egress. Exterior stairs not acting as a means of egress as prescribed by the Uniform Code shall be at least five feet from any lot line. However, such stairs are permitted to be located at the MHWL at lots of record contiguous to Keuka Lake or Seneca Lake, unless permitted otherwise by an AHJ.
(3) Private garage. A private garage shall be permitted to be located a minimum of 10 feet from the front lot line at a sloping lot of record unless it is located within the Lakefront Residential District, which such setback is five feet from a lake road.

Figure 27 - Private Garage and Sloping Lot of Record

(4) Outdoor hot tubs, spas and swimming pools.

(a) Location. Outdoor hot tubs, spas and swimming pools shall be located only at a rear and/or side yard of a lot of record.
(b) Setbacks. Outdoor hot tubs, spas and swimming pools shall be at least five feet from any lot line, measured to the exterior wall of the pool. Filters, pumps and other appurtenant machinery shall also be located at least five feet from any lot line.
(c) Supported by other structures. Hot tubs, spas and swimming pools that are supported by other structures (e.g., decks, porches, etc.) shall be certified by a registered design professional to support such additional loads.

(5) School bus waiting shelter. A school bus waiting shelter shall be permitted to be located a minimum of 10 feet from the front lot line and five feet from a side lot line. Such shelter shall not be greater than 50 square feet in gross floor area.
(6) Shoreline structure. A shoreline structure shall be permitted to be located at the MHWL unless permitted otherwise by the Keuka Lake Uniform Docking and Mooring Law of the Town, as currently in effect and as hereafter amended from time to time, or an AHJ (e.g., NYSDEC, U.S. Army Corps of Engineers, etc.).
(7) Trams.

(a) Registered design professional. Trams shall be designed and certified by a registered design professional.
(b) Setbacks. A tram shall be at least five feet from any lot line. However, a tram is permitted to be located at the MHWL at lots of record contiguous to Keuka Lake or Seneca Lake unless permitted otherwise by an AHJ.

Figure 28 - Tram

Building Coverage The lands covered at a lot of record by principal buildings and accessory structures shall not exceed the maximum building coverage set forth in the bulk regulations for the zoning district where such lot of record is located. Exemption(s):

A. Agricultural buildings.
B. Driveways, sidewalks, walkways and/or similar surfaces.
C. Exterior electrical, mechanical and plumbing equipment.
D. Exterior means of egress.
E. Fences and similar types of structures.
F. Landscaping.
G. Loading docks and parking spaces.
H. Patios.

Figure 29 - Building Coverage

Building Height No structure shall have an aggregate height of a greater number of feet than is permitted in the bulk regulations for the zoning district in which such structure is located, except as noted elsewhere in this chapter. Exemption(s):

A. Unless specifically regulated in this chapter, nothing contained herein shall limit or restrict the building height of any structure used solely for agricultural purposes; or any clothesline poles, flagpoles, church spires, belfries, clock towers, chimney flues, cupolas and domes, elevator penthouses, airport and/or heliport control towers, parapet walls extending not more than four feet above the limiting height of the structure, plumbing stacks, personal television or radio antennas, or similar structures.

Demolition A. Intent. 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 general welfare insofar as they are affected by the demolition of structures. Such provisions also establish procedures in order to provide a clean, level, seeded, buildable site at the conclusion of a demolition process. These regulations shall supplement and not replace the applicable provisions established within the Uniform Code.

B. Excavation and fill. Excavation and fill for demolitions shall be executed so as not to endanger life or property. Additionally, the slope of fill surfaces shall be no steeper than is safe for the intended use. Fill slopes steeper than two units horizontal to one unit vertical (50% slope) shall be designed and certified by a registered design professional.

C. Explosive material.

(1) The storage, handling and use of explosive materials shall be in accordance with NFPA 495, Explosive Materials Code, as currently in effect and as hereafter amended from time to time.
(2) All blasting operations shall be under the direct supervision of an individual who is legally licensed to use explosives and who possesses the required permits from the NYS Department of Labor or any other approval authority.
(3) A fire watch as defined and implemented by the Uniform Code shall be required at all blasting operations.

D. Restoration. Where a structure or a portion thereof has been demolished or removed, any disturbed area of the lot of record shall be restored to the existing grade in an approved and workmanlike manner. Such lot of record shall be seeded and landscaped in a workmanlike manner after the demolition and fill work have been completed.

E. Safety. Safety measures shall be taken during demolition work and such measures shall comply with the applicable requirements of the Unites States Department of Labor, OSHA and the applicable provisions of the Uniform Code.

F. Utility services. Utility services shall be abandoned and capped in accordance with the approved policies and/or regulations of the AHJ.

G. Waste disposal. Waste shall not be accumulated within structures and shall be disposed in accordance to the law.

Density The maximum density of dwelling units at a lot of record shall be one dwelling unit per lot of record. Exemption(s):

A. Accessory dwelling unit where authorized by this chapter.
B. Camp, children's overnight, where authorized by this chapter.
C. Camp, summer day, where authorized by this chapter.
D. Caretaker quarters where authorized by this chapter.
E. Cottage housing development where authorized by this chapter.
F. Extended stay hotel where authorized by this chapter.
G. Manufactured housing community where authorized by this chapter.
H. Multiple-unit dwelling where authorized by this chapter.
I. Planned unit development where authorized by this chapter.
J. Two -unit dwelling where authorized by this chapter.

Driveways A. Purpose and intent. The purpose of this section is to protect public safety and welfare in the Town by establishing minimum standards for the location, design and construction of driveways to ensure access that does not impede drainage, traffic, public safety or road maintenance; and to ensure access for emergency response vehicles and services.

B. Applicability. The driveway standards prescribed in this section are applicable to new driveways proposed to be installed at a lot of record and such driveways are not regulated by the Uniform Code. Driveways that are regulated by the Uniform Code shall conform to the applicable provisions of such state code.

C. Design. The design of driveways, including bridges and other supporting structure of driveways, shall facilitate passage of fire apparatus and be approved.

(1) Accessory driveway structures. An accessory driveway structure shall have a minimum setback distance of 10 feet to any public right-of-way unless approved otherwise by an AHJ.
(2) Bridge or elevated surface. A bridge or elevated surface, except culvert pipes approved by an AHJ, shall be designed by a registered design professional as well as reviewed and approved by the Town Engineer and the Fire Department having jurisdiction. Where a bridge or an elevated surface is part of a driveway, the bridge shall be constructed and maintained in accordance with AASHTO HB-17, as currently in effect and as hereafter amended from time to time. Bridges and elevated surfaces shall be designed for a live load sufficient to carry the imposed loads of fire apparatus. Vehicle load limits shall be posted at both entrances to bridges where required by an AHJ. Where elevated surfaces designed for emergency vehicle use are adjacent to surfaces that are not designed for such use, approved barriers, approved signs or both shall be installed and maintained where required by an AHJ.
(3) Dimensions. Driveways shall provide a minimum unobstructed width of 12 feet and a minimum unobstructed height of 13 feet six inches.
(4) Distance to lot lines. Driveways shall provide a minimum distance of five feet to side lot lines.
(5) Gates. The installation of security gates across a driveway shall be approved by the Fire Department having jurisdiction. Where gates are installed, they shall have an approved means of emergency operation. The gates and the emergency operation shall be maintained operational at all times. Electric gate operators, where provided, shall be listed in accordance with UL 325, as currently in effect and as hereafter amended from time to time. Gates intended for automatic operation shall be designed, constructed and installed to comply with the requirements of ASTM F2200, as currently in effect and as hereafter amended from time to time.
(6) Grade. The maximum driveway grade is 10%, unless written documentation from a registered design professional is submitted to the Code Enforcement Officer that such driveway and/or road cannot be built with a maximum grade of 10%, in which case, a maximum grade of 15% may be approved prior to construction. Such design professional shall design and certify the construction of such driveway and/or road.

(a) Exception(s):

[1] A maximum driveway grade of more than 15% shall designed by a registered design professional as well as reviewed and approved by the Town Engineer and the Fire Department having jurisdiction. Such design professional shall design and certify the construction of such driveway and/or road.

(7) Surface. Driveways shall be designed and maintained to support the imposed loads of fire apparatus and shall have an all-weather driving surface.

D. Maintenance. Owners of real property having access to a public highway or private road shall be fully responsible for maintenance of their driveway and channelization (e.g., culvert pipe). This maintenance responsibility includes removal of snow and ice and keeping the portion of a driveway located within a highway right-of-way in a safe condition for the general public and emergency responders.

E. Obstructions. Driveways shall not be obstructed in any manner except for the parking of vehicles at lot of record containing only a residential use.

Erosion and stormwater management

A. Construction activity. All land development activities shall conform to the substantive requirements of the NYSDEC's State Pollutant Discharge Elimination System (SPDES) General Permit for Construction Activities GP-02-01, or as amended or revised.

B. Industrial activity. All industrial activities, which such activities are classified by the NYSDEC, shall conform to the substantive requirements of the NYSDEC's State Pollutant Discharge Elimination System (SPDES) Multi Sector General Permit (MSGP) for Stormwater Discharges from Industrial Activity GP-0-12-001, or as amended or revised.

Essential public services All structures and uses that require the extension of essential public services, such as sewers, storm drains, fire hydrants, potable water, public roads, streetlighting and similar services, shall obtain such approval as required by the Authority Having Jurisdiction (AHJ) providing such service prior to the start of work. No availability of essential public services shall be permitted to be grounds for denying and certificate or permit required to be issued by the Town for additional development until such services are available. The AHJ is not obligated to extend or supply essential public services. If approval to extend an essential public service is granted by the AHJ, the extension of such services shall be by and at the cost of the owner, unless deemed otherwise by the AHJ. All extensions of an essential public service shall be designed and installed in full compliance with the AHJ's standards for such service, which shall include but is not limited to review of applications, permitting and inspections.

Existing structures and uses

A. General. Lawfully established structures and uses in existence at the time of the adoption of this chapter shall be permitted to have their existing use continued, provided such continued use is not a threat to life and safety.

B. Additions. Additions shall be permitted to be made to any structure or use without requiring the existing portions of such structure or use to comply with the requirements of this chapter, provided that the addition conforms to the applicable provisions of this chapter for a new structure or use.

C. Change of use. A change of use of an existing structure or use shall comply with the applicable provisions of this chapter for a new structure or use.

D. Illegal structures and uses. Structures and uses that were illegally established prior to the adoption of this chapter shall remain illegal.

E. Moved structures or land uses. Structures or uses moved into or within the Town shall comply with the applicable provisions of this chapter for new structures or uses.

F. Reconstruction of existing structures. Any existing structure may be rebuilt within the same footprint and building height of such structure without complying with the applicable provisions of this chapter for new structures. The rebuilding shall start within one year from the date of the damage or start date of demolition and shall be diligently pursued to completion but shall not be greater than four years from the date of damage or start date of demolition. Lastly, the rebuilt structure shall be constructed to comply with the Energy Code, Uniform Code and/or any other applicable law.

Fire separation distance between structures

The fire separation distance for the construction, projections, openings and penetrations of exterior walls between structures shall comply with the applicable provisions of the Uniform Code.

Flood damage prevention Land, structures and/or uses shall be regulated by the applicable provisions of the Flood Damage Prevention Law of the Town, as currently in effect and as hereafter amended from time to time.

Garbage and/or rubbish containers At a new development containing a commercial or industrial use, all garbage and/or rubbish containers shall be located in the side or rear yard at a lot of record, set back five feet from a lot line, and not visible from the public right-of-way. In addition, garbage and/or rubbish containers at a new development containing a commercial or industrial use that is visible to a contiguous lot of record containing a residential use shall be screened. Exemption(s):

A. Garbage and/or rubbish containers used to remove debris generated from construction activity at a lot of record.
B. Garbage and/or rubbish containers are permitted to be located at the front yard during the time periods of collection by a recycling and/or trash hauler.
C. Garbage and/or rubbish containers are permitted to be located at the front yard if such containers are screened from public view. However, such containers shall be set back a minimum of 10 feet from a road, including its associated right-of-way.
D. Garbage and/or rubbish containers are permitted to be located in an area visible from the public right-of way, but such containers shall be screened from public view.

350 Figure 30 Garbage Containers Screened.tif

Figure 30 - Garbage and/or Rubbish Containers Screened from Public View

General Requirements § 350-1 Title.
This chapter shall be known as the "Zoning Law of the Town of Milo," hereinafter referred to as "this chapter."

§ 350-2 Purpose.
The purpose of this chapter is, but shall not be limited to, promoting the health, safety and general welfare by guiding the development of the Town by means of the Comprehensive Plan which is, in part, carried out by the provisions of this chapter. It is further intended to provide regulations and standards that will preserve the rural character of Town and provide direction for orderly growth and development, together with flexibility to respond to changing socioeconomic circumstances. Lastly, it is one of the prime goals of the Town that the provisions of this chapter shall be construed, enforced and interpreted in such a manner as it will not cause a prohibited infringement upon the constitutional rights of free speech, free expression, due process, equal protection or other fundamental rights as prescribed by law.

§ 350-3 Applicability; exemptions.
The provisions of this chapter shall apply to all land, structures and/or uses that are located within the Town of Milo, which are outside of the Village of Penn Yan. Exemption(s):

A. Building and/or construction methods. This chapter shall not abrogate or restrict building and/or construction methods that are prescribed by the Energy Code, Uniform Code and/or any other applicable law. For example, a single-unit dwelling can be built using post-and-beam framing method (AKA "pole barn framing") in lieu of a platform framing method, which the latter is the most common type of framing method.
B. Essential public services. This chapter shall not abrogate or restrict the erection, construction, alteration, or maintenance of essential public services.
C. Family or group family day care home. This chapter shall not abrogate or restrict the use of a dwelling unit as a family day care home and group family day care home that is licensed and regulated by NYS Office of Children and Family Services, hereinafter referred to as OCFS.
D. Farm worker housing unit. This chapter shall not abrogate or restrict the erection, construction, alteration or maintenance of farm worker housing units.
E. Government actions. This chapter shall not abrogate or restrict government actions that are exempt from zoning regulations pursuant to law.
F. Lands and/or uses operated, owned and/or regulated by Yates County, NYS and/or federal government. This chapter shall not abrogate or restrict lands and/or uses operated, owned and/or regulated by Yates County, NYS or federal government that are exempt from zoning regulations pursuant to law.
G. Maintenance and repairs. This chapter shall not abrogate or restrict the maintenance and/or repairs of existing land or structures, if such work does not result in any change of use, change in location or dimensional modification of such land or structure.
H. Major electric generating facility. This chapter shall not abrogate or restrict the erection, construction, alteration or maintenance of major electric generating facilities that are governed by Article 10 of the Public Service Law of NYS, as currently in effect and as hereafter amended from time to time.
I. Major renewable energy system. This chapter shall not abrogate or restrict the erection, construction, alteration or maintenance of major renewable energy systems that are governed by Section 94-C of the Executive Law of NYS, as currently in effect and as hereafter amended from time to time.
J. Mining. This chapter shall not abrogate or restrict how mining operations are conducted, which the AHJ is the NYSDEC pursuant to Article 23 of the Environmental Conservation Law of NYS, as currently in effect and as hereafter amended from time to time.
K. Right to farm. This chapter shall not abrogate or restrict any agricultural practice determined to be a "sound agricultural practice" by the NYS Commissioner of Agriculture and Markets pursuant to Article 25-AA of the Agriculture and Markets Law of NYS, as currently in effect and as hereafter amended from time to time, at any lot of record located partially or wholly in an NYS-certified agricultural district.
L. Subsurface rights. This chapter shall not abrogate or restrict any subsurface rights acquired by deed or lease, but all surface or above-surface operations and structures in conjunction therewith shall be subject to the regulations established in this chapter.
M. Vested rights. This chapter shall not abrogate or restrict any vested rights in the continuation of any particular use, district, zoning classification or any permissible activities therein; and they are hereby declared to be subject to subsequent amendment, change or modification as may be necessary for the preservation, protection or promotion of the public health, safety and general welfare.

§ 350-4 Relationship to Comprehensive Plan.
It is the intention of the Town that this chapter, including any subsequent amendments hereto, shall implement the recommendations described within the Comprehensive Plan, as may be amended from time to time.

§ 350-5 Authority.
This chapter is adopted under the grant of power as set forth in Article 2 of the Municipal Home Rule Law of NYS, as currently in effect and as hereafter amended from time to time.

Junk storage The storage, deposit, placement, maintenance or causing or permitting to be stored, deposited, placed or maintained outdoors any junk, regardless of quantity, within sight of persons traveling the public roads shall be regulated by the Junk Storage Law of the Town, as currently in effect and as hereafter amended from time to time.

Landscaping A. Landscaping plan.

(1) Guidelines. The following guidelines shall be used in developing required landscaping plans:

(a) Plants selected shall be suited to the climate and region as well as the geologic and topographic conditions of the site. Protection and preservation of native plant materials and natural areas are encouraged.
(b) Water-intensive ornamental plant materials shall not exceed 10% of the total landscaped area.
(c) Decorative water features should use recirculating water, when possible.
(d) When providing for privacy and screening for adjacent land uses, visual, noise and air quality factors shall be considered.
(e) All plant materials located in snow storage areas shall be selected to withstand the conditions associated with these areas. Additionally, all parking lot landscaping shall be salt tolerant.

(2) Landscaping plan. Landscaping plans, if required, shall be drawn to scale, including dimensions and distances, and shall clearly delineate:

(a) Plant materials, including trees, shrubs, ground cover, turf and other vegetation, shall be shown clearly on the plan. In addition, plants shall be labeled by botanical name, common name, caliper or container size, spacing and quantities in each group; and
(b) Lot lines and road names; and
(c) Driveways, roads, walkways and other paved area; and
(d) Pools, ponds, water features, lighting fixtures, fences and retaining walls; and
(e) Existing and proposed buildings and structures, including elevation, if applicable; and
(f) Natural features, including but not limited to rock outcroppings, and existing plant materials that will be preserved; and
(g) Tree staking, plant installation, soil preparation details and all other applicable planting and installation details; and
(h) Calculation of the total landscaped area; and
(i) Designation of recreation areas, if applicable.

(3) Special uses. If the proposed use is a special use, the landscaping plan shall be signed and sealed by a landscape architect or registered design professional. It shall also be included in the application for a special use permit as prescribed in this chapter.

B. Maintenance.

(1) All required planting shall be permanently maintained in good condition and, when necessary, replaced with new plant material to ensure continued compliance with these standards. For the purpose of enforcement, the owner shall be responsible for maintenance. Maintenance shall include but is not limited to watering, weeding and pruning.
(2) All landscaping shall be maintained to avoid creating a hazard or an obstruction to traffic or vehicular visibility, or where such comes into contact with or covers, hides or obstructs any traffic control device.

C. Retaining walls. The requirements of this subsection shall apply to the construction, installation, extension and replacement of all retaining walls. However, retaining walls constructed as part of a public capital improvement project are exempt from these requirements.

(1) Design. Retaining walls shall be designed to comply with any applicable provision of the Uniform Code.
(2) Easements.

(a) Access easement. Retaining walls shall not be constructed over a private or public access easement.
(b) Drainage easement. Retaining walls shall not impede the normal flow of stormwater and shall not cross an open drainage channel. Retaining walls proposed in a drainage easement shall be approved by the AHJ.
(c) Utility easement. Retaining walls shall not restrict access to utilities. Retaining walls proposed in a utility easement shall be approved by the AHJ.

(3) Location.

(a) General. All retaining walls shall be located on a lot of record with the consent of the owner. No retaining wall shall encroach upon contiguous lot lines unless consent is granted by the applicable owner.
(b) Setback from road right-of-way. Retaining walls shall be set back from a public right-of-way by a minimum of 10 feet unless approved otherwise by the AHJ.

Lot of record A. Access.

(1) Each lot of record shall be contiguous to a road that conforms to the requirements of the Uniform Code as it pertains to fire apparatus access roads and § 280-a of the Town Law of NYS, as currently in effect and as hereafter amended from time to time. This abutment shall have a frontage that conforms to the minimum lot width for the zoning district in which such lot is located except for flag lots, which the latter shall have at least 50 feet of frontage suitable for access by emergency vehicles.
(2) Where topography or other natural conditions (e.g., watercourse) separates a road from a lot of record, provisions shall be made for access to such lot of record by means of culverts or other structures approved by the AHJ.

B. Arrangement.

(1) General. The arrangement of lots of record shall be such that in constructing a structure there will be no foreseeable difficulties for reasons of topography or other natural conditions, and each lot shall have a buildable area and building envelope that shall conform to the requirements of this chapter, except where such requirements have been modified pursuant to a cluster development approved pursuant to the Subdivision of Land Law of the Town, as currently in effect and as hereafter amended from time to time,as well as a planned unit development approved pursuant to this chapter.
(2) Bulk regulations. A lot of record's dimensions and area shall conform to the requirements of this chapter, except where such requirements have been modified pursuant to a cluster development approved pursuant to the Subdivision of Land Law of the Town, as currently in effect and as hereafter amended from time to time, as well as a planned unit development approved pursuant to this chapter.
(3) Side lot lines. All side lot lines shall be at right angles to straight road lines and radial to curved road lines, unless a variance from this rule will give a better designed road or lot.
(4) Corner lots. Corner lots shall have two front yards and two or fewer side yards (i.e., no rear yard) to provide for proper building setback from each road and provide a desirable building site, and to avoid obstruction of free visibility at a road intersection.
(5) Double frontage lots. Double frontage lots shall have two or more front yards and two or fewer side yards (i.e., no rear yard) to provide for proper building setback from each road and provide a desirable building site, and to avoid obstruction of free visibility at a road intersection.
(6) Flag lots. Flag lots shall be prohibited except that a lot line adjustment or subdivision designed with a flag lot may be approved by the designated approval authority, which is designated by the Subdivision of Land Law of the Town, as currently in effect and as hereafter amended from time to time,[3] where an existing lot of record is landlocked and such lot line adjustment or subdivision is proposing to provide legal access to a road. Lastly, a flag lot shall comply with the following standards:

(a) Driveway. A driveway at a flag lot shall be constructed as a fire apparatus access road in accordance to applicable provisions of the Uniform Code. In addition, a driveway at a flag lot shall have a separation distance of 20 feet from an existing contiguous driveway.
(b) Pole configuration, road frontage. Each flag lot shall be designed to provide a "pole" that functions primarily as an accessway and egressway from a road to the main body ("flag" portion) of the lot. A minimum of 50 feet of width shall be maintained throughout the length of the pole portion. The pole portion shall be deemed to end, and the flag portion of the lot shall be deemed to commence, at the extension of the front lot line.

Mechanical equipment A screen shall be installed at mechanical equipment (e.g., HVAC equipment) that is located on the ground or roofs of a structure containing a nonresidential use(s). Such screen shall conceal such equipment from public view unless such equipment is located so as not to be visible from any public way.

350 Figure 31 Buffer Screening Mechanical Equipment.tif

Nonconformities A. Purpose. Within the zoning districts established by this chapter or amendments that may be adopted, there exist lots of record, structures, uses and characteristics of a use that were lawful before this chapter or amendments thereto were adopted, but that would be prohibited or restricted under terms of this chapter or future amendments. For these reasons, regulations for the continuance, maintenance, repair, restoring, moving and discontinuance of such nonconforming lots of record, structures and uses are hereby established for the following purposes:

(1) To permit these nonconformities to continue but to minimize significant adverse impacts on contiguous lots of record and development; and
(2) To require a nonconforming use's permanent discontinuance if such use is abandoned or discontinues in operation after a certain period of time; and
(3) To require conformity with this chapter if they are discontinued.

B. Basic rights.

(1) Existing nonconforming lots, structures, or uses may continue in the same form and use so long as the nonconformity remains otherwise compliant with this chapter.
(2) Status as an existing nonconformity runs with the lot, structure and/or use and is not affected by changes in tenancy, ownership, or management.

C. Determination of conformity.

(1) Burden of proof. The owner shall have the burden to provide evidence to the AHJ that a lot, structure and/or use is an existing nonconformity.
(2) Certificate of zoning compliance. The owner shall apply for a certificate of zoning compliance in order to obtain a determination as to whether a particular lot, structure and/or use is conforming or nonconforming. The Town is not responsible to notify an owner of the existence of a nonconformity at his/her/their lot of record.

D. Nonconforming lot of record.

(1) Contiguous nonconforming lots under common ownership. It is recommended but not required that contiguous nonconforming lots of record under common ownership be changed through a resubdivision (i.e., lot line adjustment or lot consolidation/merger) to create conforming lots or reduce the extent of its nonconformity.
(2) Development permitted. Any nonconforming lot of record may still be developed by any use which is permitted principal use or special use within its applicable zoning district. However, any development on said lot shall comply with the applicable provisions of this chapter.
(3) Further subdivision prohibited. A nonconforming lot of record shall not be further subdivided but its lot lines may be changed via a resubdivision (i.e., lot line adjustment or lot consolidation/merger) pursuant to the Subdivision of Land Law of the Town, as currently in effect and as hereafter amended from time to time, but only if the extent of the nonconformity remains unchanged or is reduced.

E. Nonconforming structures. A nonconforming structure may continue to exist, provided that it remains otherwise lawful, subject to the following conditions:

(1) Any nonconforming structure shall not be enlarged or altered in a manner that increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity.
(2) Any nonconforming structure which is intentionally altered to conform to an applicable provision of this chapter shall thereafter conform to such provision and the nonconformity may not be renewed.
(3) Any nonconforming structure may be altered in order to provide accessibility to physically disabled persons, which such accessibility shall conform to the Uniform Code.
(4) Any nonconforming structure may be altered in order to comply or increase its compliance with an applicable provision prescribed in the Energy Code or Uniform Code.
(5) Any nonconforming structure may be altered in order to comply or increase its compliance with any applicable regulation or rule of an AHJ.
(6) If a nonconforming structure is moved for any reason, for any distance, it shall thereafter conform to the applicable provisions of this chapter.
(7) If a nonconforming structure is, by any cause, damaged or determined to be an unsafe structure by an AHJ, the structure may be rebuilt to the same building area, building footprint, building height and location on the lot of record with the nonconformity resumed. The rebuilding shall start within one year from the date of the damage and shall be diligently pursued to completion but shall not be greater than four years from the date of damage. Lastly, the rebuilt structure shall be constructed to comply with the Energy Code, Uniform Code and/or any other applicable law.

F. Nonconforming uses. A nonconforming use may continue to exist, provided that it remains otherwise lawful, subject to the following conditions:

(1) Any nonconforming use shall not be enlarged, increased or extended to occupy a greater area of land or gross floor area within a structure.
(2) Any nonconforming use shall not be moved in whole or in part to any other portion of the lot, to another structure, and/or to another lot of record.
(3) An accessory use shall not become a nonconforming use.
(4) Any nonconforming use may be altered to decrease its nonconformity.
(5) Any nonconforming use may be altered in order to provide accessibility to physically disabled persons, which such accessibility shall conform to the Uniform Code.
(6) Any nonconforming use may be altered in order to comply or increase its compliance with an applicable provision prescribed in the Energy Code or Uniform Code.
(7) Any nonconforming use may be altered in order to comply or increase its compliance with any applicable regulation or rule of an AHJ.
(8) Any nonconforming use which is intentionally altered to conform to an applicable provision of this chapter shall thereafter conform to such provision and the nonconformity may not be renewed.
(9) Any nonconforming use shall be terminated if it is abandoned or discontinues in operation for more than one year from the date of such abandonment or discontinuance. Evidence of abandonment or discontinuance of a nonconforming use shall be based on any one of the following factors:

(a) Written documentation indicating lack of ownership from an AHJ.
(b) Written documentation indicating a change in use from an AHJ.
(c) Written documentation indicating discontinuance of essential utilities such as electricity, wastewater and/or water from an AHJ.

(10) If a nonconforming use is, by any cause, damaged to the extent of 50% of its assessed value prior to the date of damage as determined by the AHJ, it shall not thereafter be operated as such.

G. Maintenance and repair. No regulation described within this chapter shall be deemed to prevent the maintenance and repair of a nonconforming lot of record, structure or use.

Operational performance standards The operational performance standards contained herein are applicable to the development and operation of all commercial and/or industrial uses in the Town in order to protect the environment and the public health, safety and general welfare.

A. Air pollution. Any use which causes or tends to cause the release of air contaminants into the atmosphere shall comply with applicable laws, rules and regulations governing such release.

B. Dangerous materials. No material that is dangerous due to explosion, extreme fire haza

C. Electromagnetic radiation and/or interference. No use shall cause or tend to cause electromagnetic radiation and/or interference in such quantities as to violate the accepted levels as established by the FCC, NYS Department of Labor, Division of Safety and Health, or OSHA.

D. Glare and heat. Any use producing intense glare or heat shall be conducted in such a manner so that the glare or heat shall be completely imperceptible from any point along a lot line.

E. Liquid or solid wastes. Any use that causes or tends to cause the discharge or other release of liquid or solid waste shall comply with applicable laws, rules and regulations governing such discharge or release.

F. Noise. No use that causes or tends to cause noise in such quantities as to violate the accepted levels as established by the NYS Department of Labor, Division of Safety and Health or OSHA.

G. Odorous matter. Any use that causes or tends to cause the discharge or other release of odorous matter shall comply with applicable laws, rules and regulations governing such discharge or release.

H. Radiation.

(1) Any use shall comply with the regulations of the U.S. Atomic Energy Commission set out in Chapter 1 of Title 10 of the CFR which apply to by-product material, source material and special nuclear material, as those terms are defined in Section 11(e), (z), and (aa) of the Atomic Energy Act of 1954, as amended [42 U.S.C. § 2014(e), (z), and (aa)], as currently in effect and as hereafter amended from time to time.
(2) No use shall cause radiation emissions that are in violation of the Radiation Control for Health and Safety Act of 1968 (PL 90-602), as currently in effect and as hereafter amended from time to time, or the implementing regulations of the NYSDOH established pursuant thereto.

I. Vibration. Any use that causes or tends to cause ground vibration, which is perceptible without instruments, in such quantities as to produce a public nuisance or hazard beyond the lot occupied by the use shall not be permitted.

Outdoor lighting A. Applicability. These standards for outdoor lighting shall apply to any new development containing a commercial and/or industrial use(s). Such standards are intended to provide safe, convenient, and efficient lighting for pedestrians and operators of vehicles in a manner that mitigates significant adverse impacts typically associated with outdoor lighting. Exemption(s):

(1) Holiday decorations.
(2) Illuminated signs that conform with the sign control regulations prescribed in this chapter.
(3) Interior lighting.
(4) Lighting integral to equipment and/or instrumentation, which such lighting was installed by the manufacturer.
(5) Navigation lights (i.e., airports, docks, heliports, radio/television towers, etc.).
(6) Outdoor lighting fixtures existing and operative prior to the effective date of this chapter.
(7) Outdoor lighting used for special events (e.g., carnivals, fairs, weddings, etc.).
(8) Outdoor lighting installed at farm operations.
(9) Outdoor lighting mandated by law.
(10) Outdoor lighting used for theatrical purposes, including but not limited to performance, stage, film production and video production.
(11) Outdoor lighting used to highlight features of public monuments and registered landmark structures.
(12) Streetlights installed at a road and its associated right-of-way.
(13) Temporary emergency lighting (i.e., fire, police, repair workers).
(14) Traffic control signals and devices.

B. Standards. All lighting fixtures designed or placed so as to illuminate any portion of a lot of record shall meet the following requirements:

(1) Fixture (AKA "luminaire"). The light source shall be concealed and shall not be visible from any road or adjacent lot of record. In order to direct light downward and minimize the amount of light spillage into the night sky and onto adjacent lots of record, all lighting fixtures shall be full cutoff fixtures. Only architectural lighting may be directed upward, provided that all other provisions of this section are met.

350 Figure 32 DIfference in Light Spillage.tif

Figure 32 - Difference in Light Spillage from No Cutoff and Full Cutoff Light Fixtures

(2) Fixture height. Lighting fixtures shall be a maximum of 25 feet in height within parking lots and shall be a maximum of 15 feet in height within nonvehicular pedestrian areas. Exemption(s):

(a) The maximum height of a light fixture for recreational and sports field lighting shall not exceed the maximum building height for a principal building allowed at the applicable zoning district.
(b) Height of light fixtures mandated by an AHJ or law.

350 Figure 33 Outside Lighting, Fixture Height.tif

Figure 33 - Outdoor Lighting, Fixture Height

(3) Limit lighting to periods of need. To eliminate unneeded lighting, outdoor lighting systems are encouraged to include automatic timers, dimmers, sensors, or similar controls that will turn off such lights during daylight hours and when the use is not occupied or open for business.
(4) Outdoor lighting required for specific uses.

(a) Architectural accent lighting. Outdoor lighting fixtures used to accent architectural features, materials, colors, landscaping or art shall be located, aimed and shielded so that light is directed only on those features.

Figure 34 - Architectural Accent Lighting

(b) Canopy area lighting. All lighting fixtures mounted on the underside of canopies must be "full-cutoff" classified, being either completely recessed/flush in the canopy, or having solid sides on a surface mounted fixture. (Note: Canopy edges do not qualify as shielding.)

Figure 35 - Canopy Area Lighting

(c) Recreational and sports field lighting.

[1] Design. Outdoor recreational and sports field lighting systems shall be designed and certified by a registered design professional, which such design shall conform to the following industry standards, if applicable:

[a] Energy Code.
[b] IESNA Sports and Recreational Area Lighting (IESNA RP-6), as currently in effect and as hereafter amended from time to time.
[c] IESNA Lighting for Exterior Environments (IESNA RP-33), as currently in effect and as hereafter amended from time to time.
[d] IESNA Guide for Photometric Measurements of Area and Sports Lighting Installations (IESNA LM-5), as currently in effect and as hereafter amended from time to time.
[e] IESNA Light Trespass: Research, Results and Recommendations (IESNA TM-11), as currently in effect and as hereafter amended from time to time.
[f] International Dark Sky Association - Community Friendly Outdoor Sports Lighting Program Guidelines, as currently in effect and as hereafter amended from time to time.
[g] International Dark Sky Association certification and field verification. Outdoor recreational and sports field lighting systems shall obtain the International Dark Sky Association's certification and field verification letters to document compliance with its Community Friendly Outdoor Sports Lighting Program. A copy of these letters shall be submitted to the Town.
[h] National Little League Association Standards and Safety Audit, as currently in effect and as hereafter amended from time to time.
[i] Uniform code.

[2] Maximum height of light fixture. The maximum height of a light fixture for recreational and sports field lighting shall not exceed the maximum building height for a principal building allowed at the applicable zoning district.

Figure 36 - Recreational and Sports Field Lighting

(d) Security lighting. Outdoor security lighting shall be designed to provide safety to a building's occupant as it pertains to the outdoor illumination of means of egress that is mandated by the Uniform Code. In order to minimize the amount of light trespass, all security lighting fixtures shall be shielded and aimed so that the main beam is directed toward the ground or designated area where security lighting is needed.

Figure 37 - Security Lighting

Parking and loading spaces A. Applicability. The standards prescribed in this section shall apply to a new use at a lot of record. Such standards are intended to ensure there are adequate amounts of off-road parking and loading spaces to adequately serve such use(s). Exemption(s):

(1) Any parking or loading space that lawfully existed prior to the effective date of this chapter shall not be subject to the provisions of this section, provided the parking or loading space is not changed. Alterations, expansions, or conversions of uses that would increase the amount of parking or loading spaces required shall conform to these regulations.

B. Loading spaces.

(1) When required. Uses involving the frequent receipt or distribution of materials or merchandise by vehicles shall provide and permanently maintain adequate space for standing, loading, and unloading services in order to avoid undue interference with public use of roads, and thus, help relieve traffic congestion.
(2) Standards.

(a) Every such structure housing such a use and having over 25,000 square feet of gross floor area shall be provided with at least one loading space on the lot of record not less than 12 feet in width, 25 feet in length, and 14 feet in height. One additional loading space of these dimensions shall be provided for every additional 50,000 square feet or fraction thereof of gross floor area in the structure.
(b) Permeable surfaces are preferred but not required at loading spaces for environmental and drainage reasons.
(c) No loading space shall be located at a front yard of a lot of record. Provisions for handling of all freight shall be on those sides of any structure which do not face on any road, whether private or public, unless approved otherwise via the issuance of a special use permit as prescribed by this chapter.

Figure 40 - Loading Space

C. Parking spaces.

(1) General. In all zoning districts, parking spaces for all uses shall be provided and permanently maintained in accordance with Table 1 - Number of Parking Spaces. Where no requirement is designated and the use is not comparable to any of the listed uses, the minimum parking space(s) shall be determined based upon the capacity of the structure and its associated uses. The designated approval authority may consult with the Town Engineer or other resources in making his or her determination. Exemption(s):

(a) Parking demand study. Based on the completion and submittal of a parking demand study prepared and sealed by a professional traffic operations engineer (PTOE), the designated approval authority may approve a reduction in the amount of parking from that otherwise required by this section. The parking demand study shall be prepared in accordance with established professional practices, such as but not limited to Parking Generation, current edition, by the ITE.

Table 1 — Number of Parking Spaces
Use	Number of Parking Spaces
Assembly
Bar, restaurant or tavern	1 per 4 occupants at maximum capacity
Funeral establishment	1 per 6 occupants at maximum capacity
Place of worship	1 per 6 occupants at maximum capacity
All other uses	1 per 6 occupants at maximum capacity
Business
All uses	1 per 500 square feet of net floor area
Educational
Elementary school	As determined by the NYSED
Higher education school	Determined by parking demand study
Parochial school	2 per classroom plus 1 per 10 students
Private high school	2 per classroom plus 1 per 10 students
Secondary school	As determined by the NYSED
Hotel/Motel
Hotel/motel	1 per unit plus 1 per employee during largest working shift
Industrial
All uses	1 per each employee during largest working shift
Institutional
Hospice	1 per 4 beds plus 1 per employee during largest working shift
Hospital	Determined by parking demand study
Medical clinic, medical office	1 per examination room plus 1 per employee during largest working shift
Medical marijuana dispensary	Determined by parking demand study
Veterinary Facility	1 per examination room plus 1 per employee during largest working shift
Mercantile
All uses	1 per 350 square feet of net floor area
Recreational
Camp, children's overnight	Determined by parking demand study
Camp, summer day	Determined by parking demand study
Recreational facility	Determined by parking demand study
Summer day cabins	Determined by parking demand study
All other uses	Determined by parking demand study
Residential
Bed-and-breakfast dwelling	1 per sleeping room plus any dwelling unit requirements
Boardinghouse	1 per sleeping room
Cottage housing development	2 per cottage
Dormitory, fraternity and/or sorority	Determined by parking demand study
Dwelling unit	2
Home occupation	2 plus any dwelling unit requirements
Manufactured housing community	2 per manufactured housing community site
Storage
All uses	1 per employee during largest working shift
Vehicle Related Uses
Vehicle repair station	2 plus 1 per bay
Vehicle service station	1 per 350 square feet of net floor area
Vehicle sales	4 plus 1 per employee during largest working shift
Vehicle rental	1 per 1,000 square feet of net floor area

(2) Accessible spaces. Accessible parking spaces and passenger loading zones shall be provided in accordance with the ADA Standards for Accessible Design, as currently in effect and as hereafter amended from time to time, and/or the Uniform Code.
(3) Combination of uses. Where there is a combination of uses on a lot of record, the required number of parking spaces shall be the sum of that found for each use.
(4) Location of lot. The parking spaces required by this section shall be provided on the same lot of record as the use. Exemption(s):

(a) Municipal parking. Uses within 500 feet of a municipal parking lot or designated on-road parking may be wholly or partially exempt from the parking space requirements at a lot of record if approval is obtained by the AHJ of such parking lot or on-road parking.
(b) Shared parking. Parking space requirements for two or more uses that are located on the same lot of record or a contiguous lot of record may be allowed to share parking spaces if a shared parking agreement, which shall be approved by the Town Attorney, is executed and such agreement is recorded at the Office of the County Clerk against the deed(s) of affected lot(s) of record.

(5) Parking spaces at a residential use. Parking spaces at a lot of record whose principal use is a residential use may be provided within a carport, private garage or a similar type of accessory structure designed for vehicular storage or in the open at a designated driveway associated with such use.

350 Figure 41 Parking Spaces Residential Use.tif

Figure 41 - Parking Spaces at a Residential Use

(6) Standards. Parking spaces shall be installed and permanently maintained in accordance with Table 2 - Dimensional Standards of Parking Spaces.

Table 2 — Dimensional Standards of Parking Spaces
Type of Parking Space	Angle of Parking Space (degrees)	Length of Parking Space	Width of Parking Space (feet)	Aisle Width (feet)
Traditional	90°	19 feet	9	24
Traditional	60°	21 feet	9	18
Traditional	45°	19 feet 10 inches	9	13
Accessible	90°	19 feet	13	24
Accessible	60°	21 feet	13	18

Figure 42 - Dimensional Standards of Parking Spaces

(a) Parking and loading spaces shall be set back a minimum of 10 feet from a public right-of-way unless approved otherwise by the AHJ.
(b) Parking spaces for residential uses shall be located on the same lot of record as the dwelling unit they are intended to serve.
(c) Parking spaces for nonresidential uses shall be located on the same lot of record unless a shared parking agreement is approved by the Town Attorney as well as it being located within 500 feet of the structure it is intended to serve.
(d) Permeable surfaces are preferred but not required at parking spaces for environmental and drainage reasons.

D. Parking lots.

(1) Design. Parking lots for a new development containing a nonresidential use(s) shall be grouped in blocks of parking spaces of no more than 50 contiguous parking spaces. These spaces may be in a linear row or two or more parallel rows. A landscaped area of at least 12 feet wide shall separate parking areas.

Figure 43 - Example of a Parking Lot

(2) Landscaping. Any new development containing a nonresidential use(s) requiring more than 50 parking spaces shall be required to have the following amount of landscaping in parking lots:

(a) For parking lots with fewer than 150 parking spaces, landscaping islands shall be a minimum of 10% of the parking area.
(b) For parking lots with 150 parking spaces or more, landscaping islands shall be a minimum of 20% of the parking area.
(c) Landscape islands. The size and number of landscape islands shall be required as identified below. These requirements shall not apply when a row of parking spaces is located under a structure or at the end of a parking row that coincides with a required front, side or rear yard:

[1] A parking row containing fewer than 15 contiguous parking spaces shall be terminated by a landscape island with a minimum dimension of nine feet in width by 18 feet in length.
[2] A parking row containing between 15 and 30 contiguous parking spaces shall be:

[a] Terminated by a landscape island with a minimum dimension of 12 feet in width by 18 feet in length, which is illustrated as Option A in the below figure; or
[b] Terminated by a landscape island with a minimum dimension of nine feet in width by 18 feet in length and shall contain one landscape island in the middle of the row with a minimum dimension of nine feet in width by 18 feet in length, which is illustrated as Option B in the below figure.

350 Figure 44 Example of Landscape Islands.tif

Figure 44 - Example of Landscape Island(s) at Parking Lot

(3) Setback(s). In any off-road parking area, other than that provided for a single- or two-unit dwellings, no vehicle shall be allowed to park closer than five feet to any lot line. However, any buffer requirement(s) prescribed in this chapter shall be satisfied and may be more restrictive.

Principal use A. Lakefront Residential (LRES) Zoning District. In the Lakefront Residential (LRES) Zoning District, it is prohibited to have more than one principal use at a single lot of record. Exemption(s):

(1) A lot of record that contains a single-unit dwelling as well as farm operation excluding livestock.

B. Other zoning districts. Except for the Lakefront Residential (LRES) Zoning District, more than one principal use (AKA "mixed use development") but not greater than three principal uses may be operated at a lot of record, provided it conforms to all of the following:

(1) The uses proposed at a mixed use development are authorized at the zoning district it is proposed to be located.
(2) The proposed uses at a mixed use development conform to the standards prescribed in this chapter.
(3) The mixed use development conforms to the applicable requirements of the Uniform Code, such as but not limited to the installation of fire rated assemblies, fire protection systems and/or fire separation distances.
(4) At a mixed use development, a lot of record shall have a minimum lot area that equals the minimum lot area mandated by the subject zoning district times by the number of proposed uses. For example, an owner of a lot of record at the Agricultural Residential Zoning District proposes two distinct principal uses. This chapter prescribes that the minimum lot area for such zoning district is two acres. Therefore, such lot of record shall have a minimum lot area of four acres, which is the product of two acres times by two proposed uses. Exemption(s):

(a) A lot of record whose principal uses are a farm operation and single-unit dwelling.

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.

Projections in yards A. Accessible ramps and lifts. Accessible ramps and lifts shall be exempt from yard requirements. However, accessible ramps and lifts shall not encroach on any public way or contiguous lot of record. Furthermore, accessible ramps and lifts shall not be constructed in such a manner as to create a hazard to the general public. Lastly, such ramp and lift shall be set back from a contiguous lot line pursuant to the applicable provisions of the Uniform Code or five feet, whichever requirement is more restrictive.

350 Figure 45 Accessible Ramp Encroachment.tif

Figure 45 - Accessible Ramp Encroachment upon Yard(s)

B. Architectural features. Architectural features (e.g., sills, belt courses, pilasters, leaders, cornices, eaves and other types of ornamental features) may extend not more than two feet into any required yard. Lastly, such projection shall be separated from a contiguous lot line pursuant to the applicable provisions of the Uniform Code or five feet, whichever requirement is more restrictive.

C. Bay. Bays, including their cornices and eaves, may extend not more than two feet into any required yard, provided that the sum of such projections on any building elevation shall not exceed 1/4 the length of such elevation. However, bays shall not encroach on any public way or contiguous lot of record. Furthermore, bays shall not be constructed in such a manner as to create a hazard to the general public. Lastly, such bay shall be set back from a contiguous lot line pursuant to the applicable provisions of the Uniform Code or five feet, whichever requirement is more restrictive.

D. Chimneys. Chimneys or other types of exhaust systems may extend not more than three feet into any required yard. Lastly, such projection shall be separated from a contiguous lot line pursuant to the applicable provisions of the Uniform Code or five feet, whichever requirement is more restrictive.

350 Figure 46 Architectural Features.tif

Figure 46 - Architectural Features, Bay and Chimney Encroachment upon Yard(s)

E. Emergency standby generator. An emergency standby generator serving a principal building and/or accessory structure at a lot of record shall be set back from a contiguous lot line pursuant to the applicable provisions of the Uniform Code, the manufacturer's installation instructions or five feet, whichever requirement is more restrictive.

F. HVAC. An HVAC unit serving a principal building and/or accessory structure at a lot of record shall be set back from a contiguous lot line pursuant to the applicable provisions of the Uniform Code, the manufacturer's installation instructions or five feet, whichever requirement is more restrictive.

G. Means of egress. A means of egress shall be exempt from yard requirements. However, any type of means of egress shall not encroach on any public way or contiguous lot of record. Furthermore, a means of egress shall not be constructed in such a manner as to create a hazard to the general public. Lastly, such means of egress shall be set back from a contiguous lot line pursuant to the applicable provisions of the Uniform Code or five feet, whichever requirement is more restrictive.

H. Temporary agricultural building. A temporary agricultural building (e.g., temporary greenhouse) shall be exempt from yard requirements. However, a temporary agricultural building shall not encroach on any public way or contiguous lot of record. Furthermore, a temporary agricultural building shall not be constructed in such a manner as to create a hazard to the general public. Lastly, such agricultural building shall be set back from a contiguous lot line pursuant to the applicable provisions of the Uniform Code or five feet, whichever requirement is more restrictive.

Property maintenance A. The maintenance of all lands, structures and/or uses shall be regulated by the Uniform Code or any other applicable law.

B. Boarding standards.

(1) A door or window at a structure shall not be boarded except under the following circumstances:

(a) A door or window may be boarded for a period of time not to exceed six months due to a disaster or emergency related event (e.g., fire or hurricane).
(b) A door or window may be boarded for a period of time not to exceed six months due to a replacement of a door, window or portion thereof, such as but not limited to a broken pane of glass.
(c) A structure required to be boarded to protect life and safety as determined by an AHJ.

(2) If a door or window is boarded, it shall be boarded in a workmanlike manner and shall continue to appear as a window or door.

Figure 48A - Prohibited Type of Boarding

Figure 48B - Permitted Type of Boarding

C. Shoreline structures. A shoreline structure shall comply with any applicable law as well as be maintained in good repair and structurally sound.

Steep slopes The disturbance of a steep slope shall be regulated by the Protection of Steep Slopes Law of the Town, as currently in effect and as hereafter amended from time to time.

Streams A. Intent. The intent of this section is to prevent loss of life and property due to flooding and erosion by establishing requirements for minimum setbacks between perennial streams and principal buildings or accessory structures that are located at a lot of record.

B. Applicability. The requirements of this section apply to all new principal buildings and/or accessory structures proposed to be located at a lot or record, which also contains a perennial stream, in any zoning district of the Town. The replacement, renovation or restoration of existing principal buildings and/or accessory structures located within the minimum setback between perennial streams and such buildings and/or structures shall be permitted under the following conditions:

(1) The existing principal building's and/or accessory structure's footprint within such setback is in the same location; and
(2) The existing principal building's and/or accessory structure's encroachment into such setback shall not be made more nonconforming by such replacement, renovation or restoration.

C. Setback.

(1) Measurement. The setback from perennial streams to principal buildings and/or accessory structures shall be measured from the closest stream bank of such stream to the building line of such building and/or structure.

Figure 47 - Setback from Perennial Streams

(2) Minimum setback. The minimum setback between perennial streams and principal buildings and/or accessory structures shall be 10 feet. Exemption(s):

(a) Principal buildings and/or accessory structures may encroach upon such setback only if flood control, stormwater management structures, and/or stream bank stabilization measures are designed and sealed by a registered design professional.

Temporary structures or uses A. Compliance required. Temporary structures and/or uses shall comply with the applicable regulations of this chapter as it pertains to permanent structures and/or uses. Exemptions:

(1) Agricultural business that is temporary in nature (e.g., holiday related seasonal sales, farm stand, etc.).
(2) Temporary agricultural building.

Figure 48 - Temporary Agricultural Building

(3) Temporary emergency and disaster shelter when approved by an AHJ.

350 Figure 50A Temporary Emergency Shelter.tif

Figure 50A - Temporary Emergency and Disaster Shelter

B. Standards.

(1) Any temporary use shall be a permitted principal use allowed within the applicable zoning district.
(2) Any temporary structure shall be completely removed within five business days upon the termination of the temporary use.
(3) Any temporary use at a lot of record shall have adequate on-site parking, ingress, egress, traffic control, garbage/rubbish containers, fire protection, and sanitary facilities to host such a use.
(4) Any temporary structure and/or use shall comply with the Uniform Code or any other applicable law.
(5) Any temporary use of hazardous material or disposal of hazardous waste is prohibited.
(6) Any temporary use shall not cause external effects, such as but not limited to offensive odors, increased lighting or glare, dust, smoke, noise or vibration detectable to normal sensory perception at the property line of a contiguous lot of record.

Unobstructed sight distance A. Height of unobstructed sight distance. No structure shall be located in the visibility triangle that shall obstruct the visibility of drivers between a height of three feet and 10 feet unless approved otherwise by the AHJ.

Figure 49 - Height of Unobstructed Sight Distance

B. Visibility triangle. At an intersection of two or more public roads, the visibility triangle is the triangular area formed by the edge of a public road, which shall not include its associated right-of-way, and a line connecting them at points a minimum of 30 feet from the intersection of such edge of road. Depending on the curvature and grade of intersecting public roads, the AHJ may require a larger triangular area.

Figure 50 - Visibility Triangle

Utility lines All on-site utility lines shall be placed underground. However, nothing contained in this section shall prohibit:

A. The temporary aboveground location of utility lines during construction or emergency conditions.
B. Renewal, reinstallation, relocation, replacement, repair or maintenance of existing aboveground utility lines; or installation of aboveground utility lines in location predominantly served by existing aboveground utility lines.
C. Aboveground utility lines where underground location would not be feasible due to soil conditions, physical obstructions or terrain.
D. Above-grade location of transformers, service or meter pedestals and similar accessory installations, including any aboveground utility lines necessarily or customarily extending above grade in an underground utility line system.

Yards Yards define the minimum open space to be provided along the perimeter of a lot of record. Yards are the minimum setback distance required between a lot line and a building line as set forth in the zoning district where such lot of record is located. Lastly, every part of a required yard shall not contain structures except where:

A. Projections at principal buildings or accessory structures that are permitted to encroach as prescribed by this chapter;
B. Any building or structure that is permitted or has been granted a variance to encroach as prescribed by this chapter.

Town of Milo, NY

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