Town of Parma - Land Uses

Accessory buildings and structures

ACCESSORY BUILDING OR STRUCTURE
The term applied to a building which:

A. Is customarily incidental and subordinate to and serves a principal building;
B. Is subordinate in area, extent and purpose to the principal building served;
C. Contributes to the comfort, convenience or necessity of occupants of the principal building use; and
D. Is located on the same parcel as the principal building.

Districts Where Allowed Districts Permitted as an Accessory Use: AC, GC, HC, HD, HILTON, LI, MD, NC, PD-SR, RB, RR, TH, WF

Development Requirements:

All District allow some accessory uses. For a complete list of uses see the links below. Note that the uses below will also be listed individually with more detail on this site.

AC District: § 165-31C
RR District: § 165-32C
MD District: § 165-33C
HD District: § 165-34C
WF District: § 165-35C
TH District: § 165-36C
PD-SR District: § 165-36.1E(5) and § 165-36.1E(6)
RB District: § 165-37C
NC District: § 165-38C
GC District: § 165-39C
HC District: § 165-40C
LI District: § 165-41C

WF District:
Notwithstanding the requirements of § 165-82C(3), accessory structures located on lots in the WF District with frontage along Lake Ontario may be located in any part of the lot, including the area between the principal building and the street line, provided that such structures maintain a minimum setback of 25 feet from the street line, 25 feet from the water's edge, and 10 feet from any other lot line.
For the purpose of these setback requirements, the "water's edge" shall be measured from the breakwall, gabion stone wall or similar structure, if such exists on the property. If a clear demarcation of the "water's edge" is not provided by a breakwall, gabion stone wall or similar structure, the water's edge shall be the mean high-water mark, or, alternatively, the Code Enforcement Officer may measure the setback from a line extended from a breakwall, stone gabion wall or similar structure on an adjoining property across the subject property.

Adult day-care (Special Permitted Use)

DAY-CARE CENTER
A facility duly permitted by the New York State Department of Social Welfare, for the care of either six or more children, or six or more adults, for less than 24 hours a day on a regular basis.

Districts Where Allowed Districts Permitted by Special Use Permits: GC, HD, MD, PD-SR, RB, RR

Vehicle Parking:
1 parking space for each 3 beds plus 1 parking space for every 2 employees and members of the staff in the largest working shift.
Notwithstanding the provisions of other sections of this chapter, off-street parking which serves nursing homes, retirement homes, housing for the elderly and other similar uses predominantly serving senior citizens shall be no further than 150 feet from the building it serves.
See § 165-125: Off-street parking regulations for more detailed information on parking.

Development Requirements:

The Zoning Board of Appeals may approve a permit for adult day-care, child-care facilities and nursery schools within the RR Rural Residential, the MD Medium Density Residential, the HD High Density Residential, the RB Restricted Business and the GC General Commercial Districts, provided that the following standards and conditions are maintained:

A. The applicant has obtained all of the requisite governmental approvals to operate the proposed facility.
B. The building shall meet the requirements of the New York State Uniform Fire Prevention and Building Code.
C. The proposed use shall comply with the minimum lot size and yard requirements specified in Schedule I for the zone district in which the proposed use is to be located.
D. On-site recreational facilities shall be provided and maintained for the exclusive use of clients. Recreational areas shall be physically separate from on-site parking areas or driveways and screened from adjacent properties.
E. Off-street parking shall be provided as required in Schedule II of this chapter. All off-street parking shall be illuminated, adequately screened from adjacent residential sites and available for use by visitors and employees.
F. No off-street parking areas shall be allowed in the front yard except for child-care use operated in conjunction with a single-family dwelling and regulated by the New York State Department of Social Services.

Adult use entertainment establishments (Special Permitted Use)

ADULT ENTERTAINMENT ESTABLISHMENT
Any business enterprise having as more than 5% of its net floor space set aside for the presentation of live shows, motion-picture films or sound recordings, or similar visual or audio material, which are characterized by their emphasis on the description or depiction of human male or female genitals, pubic areas or buttocks with less than a full opaque covering or specified sexual activities; or any business enterprise at which entertainers or waiters and waitresses appear in a state of nudity or display male or female genitals, pubic areas or buttocks; or any business enterprise that offers services requiring the client or customer to appear in a state of nudity or to display male or female genitals, pubic areas or buttocks, except medical and health service establishments.

Districts Where Allowed Districts Permitted by Special Use Permits: LI

Vehicle Parking:
If any proposed use is not specifically identified in Schedule II, Off-Street Parking Spaces Required, the requirements for off-street parking facilities shall be determined by the Planning Board.
See § 165-125: Off-street parking regulations for detailed information on parking.

Development Requirements:

The Zoning Board of Appeals may approve a permit for an adult entertainment use, including bookstores, cabarets and theaters, within the LI Light Industrial District, provided that the following standards and conditions are maintained:

A. An adult use shall not be operated within 1,000 feet of:

(1) A church, synagogue or regular place of worship;
(2) A public or private elementary, secondary school or licensed child day-care center;
(3) A boundary of any residence or residential zoning district; or
(4) A public park.

B. Only one adult use shall be permitted on any lot or parcel of land.
C. No adult use shall be permitted to locate within 1,000 feet of another adult use.
D. For the purposes of this chapter, measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as part of the premises where an adult use is conducted, to the nearest property line of the premises of a church or public or private elementary, secondary school or licensed child day-care center, or to the nearest boundary of an affected public park, residential district or residential lot or to another adult use.
E. All adult uses shall be conducted in an enclosed building. Regardless of location or distance, no one who is passing by an enclosed building having a use governed by this section shall be able to hear any activities within the building or to visually see any specified anatomical area or any specified sexual activity by virtue of any display which depicts or shows said area or activity. This requirement shall apply to any display, decoration, sign, window or other opening.
F. No exterior sign associated with an adult use shall contain any photographic or artistic representation of the human body.
G. No adult use shall be established in any building which is used, in part, for residential purposes.
H. No residential use shall be established in any building which contains an approved adult use.
I. Prior to the commencement of any adult use, or upon transfer of ownership or control of the building or property in which an adult use is being operated, the premises shall be inspected by the Code Enforcement Officer and found to be in compliance with all laws, ordinances, rules and regulations applicable to the use and occupancy for an adult entertainment use and compliance with this chapter.
J. The proposed site plan shall meet the minimum lot size and yard requirements specified in Schedule I.
K. The number of off-street parking spaces shall be provided as set forth in Schedule II of this chapter. At no time shall on-street parking be permitted to occur as the result of a special permitted use permit. All off-street parking shall be in the side or yard portion of the site. All off-street parking areas shall be lighted, landscaped and buffered from any adjacent site.
L. Adequate landscaping shall be provided to minimize the visual impact of the structure on adjacent sites.

Agribusiness operations

AGRICULTURAL OR FARMING ACTIVITIES
The use of the land for agricultural purposes, including but not limited to: dairying, field cash crops, pasturage, fruit and vegetable farms, nurseries, animal and poultry husbandry, and the necessary accessory uses for storage; provided, however, that the operation of any such accessory use shall be incidental to that of the principal agricultural activities.

Agricultural operations, customary

AGRICULTURAL OR FARMING ACTIVITIES
The use of the land for agricultural purposes, including but not limited to: dairying, field cash crops, pasturage, fruit and vegetable farms, nurseries, animal and poultry husbandry, and the necessary accessory uses for storage; provided, however, that the operation of any such accessory use shall be incidental to that of the principal agricultural activities.

Districts Where Allowed Districts Permitted by Right: AC, GC, HC, HD, LI, MD, RB, RR, WF

Vehicle Parking:
If any proposed use is not specifically identified in Schedule II, Off-Street Parking Spaces Required, the requirements for off-street parking facilities shall be determined by the Planning Board.
See § 165-125: Off-street parking regulations for detailed information on parking.

Development Requirements:

Customary agricultural operations, including but not limited to plant nursery, greenhouse operations, fruit growing and processing, dairy, animal husbandry, wood cutting, feed and farming operations, storage of farm produce, farmworker housing and repairing of farm implements incidental to the maintenance of the agricultural operations, subject to the following restrictions:

(a) No building in which farm animals are kept or agricultural products are handled shall be closer than 150 feet to the front lot line and 100 feet to a side or rear property line.
(b) No storage of waste materials or products from the agricultural operations shall be permitted within 100 feet of any adjoining lot line.

(c) Farm frontage may be used for the sale of farm products, provided that any temporary or movable stand, table or shelf used for the display or sale of such product shall be at least 25 feet from the nearest edge of the roadway and be moved to the rear yard of the primary structure or, if no primary structure exists on the property, be placed behind the front setback line for principal buildings at the end of the growing season, but no later than December 1 of each year. An open area of at least 1,200 square feet, suitably graded, shall be provided for off-street customer parking and to eliminate traffic hazards. Permanent buildings for such purpose must comply with principal building requirements as to setback and side yards.

(d) Premises for agricultural operations shall not be less than five acres in size.
(e) For farm operations as defined in Article 25AA, Section 301.11 of New York State Agriculture and Markets Law and located within a certified agricultural district, Subsection (a), (b) and (d) above shall not apply. For such operations, a minimum setback of 100 feet must be maintained between any storage of animal waste or buildings in which animals are kept and any well, dwelling or stream bank.
(f) Farmworker housing to support an individual agricultural operation, when such housing is needed to support an individual agricultural operation as defined by the New York State Department of Agriculture and Markets and located in a certified agricultural district, shall be subject to site plan review and the criteria in § 165-56: Farmworker housing to support agricultural operations.

Animal boarding and training facilities

ANIMAL BOARDING
The keeping of any horse or animal on the premises that is not owned by the owner or lessee of said premises for commercial or noncommercial purposes.

Districts Where Allowed Districts Permitted by Right: GC Districts Permitted as an Accessory Use: RB Districts Permitted by Special Use Permits: AC, MD, RR

Vehicle Parking:
If any proposed use is not specifically identified in Schedule II, Off-Street Parking Spaces Required, the requirements for off-street parking facilities shall be determined by the Planning Board.
See § 165-125: Off-street parking regulations for detailed information on parking.

Development Requirements:

Animal boarding and training facilities, subject to:

(a) The property shall be a minimum of two acres.
(b) The facility shall be limited to the boarding, raising, training, and grooming of dogs and cats.
(c) The adequacy of the site and buildings to accommodate the animals in question shall meet minimum standards of New York State's Department of Agriculture and Markets for kenneling, boarding and keeping of animals.
(d) All animals shall be boarded indoors.
(e) A fenced outdoor play area shall be allowed behind the rear wall of the building operated between 8:00 a.m. and 8:00 p.m.
(f) No building or outdoor play area shall be located within 150 feet of a residential district.
(g) Animal waste must be disposed of off-site and in compliance with all state, county and local regulations.

Animal hospital and veterinarian office

ANIMAL HOSPITAL
A facility providing for temporary keeping or the examination, diagnosis, treatment or care of animals for the purpose of curing injuries, diseases or ailments of animals.

Antennas or towers

ANTENNA
A structure or mount supporting a system of wires, rods, discs, dish, horns or similar devices used for the transmission and/or reception of electromagnetic waves.

TOWER
Includes any structure, including dish antennas, whether attached to a building or freestanding and whether guyed or self-supporting, designed to be used as, or for the support of, devices to be used for the transmission and/or reception of radio frequency signals or microwave, such as, but not limited to, broadcast, shortwave, citizens band, cellular communications, paging, FM or television signals, wind-driven devices such as energy converters and windspeed and/or direction indicators, or any energy-creating enterprise or for personal observation.

Districts Where Allowed Districts Permitted as an Accessory Use: AC, GC, HC, HD, LI, MD, RB, RR, TH, WF

Development Requirements:

A. Antennas and/or towers may be permitted as an accessory use in any district subject to the following standards and requirements:

(1) No more than two ground-mounted satellite TV dishes 24 inches in diameter or larger and one tower may be permitted for each property.
(2) A building-mounted satellite TV dish antenna may be permitted upon approval of the Planning Board if it can be demonstrated that a ground-mounted location is not appropriate or would not provide adequate reception. No building-mounted TV dish shall exceed four feet in diameter and extend more than six feet above the height of the building to which it is attached.
(3) No satellite TV dish antenna may be more than four feet in diameter and six feet in height.
(4) The minimum setback of a ground-mounted satellite TV dish antenna shall be 16 feet from all property lines.
(5) A permit issued by the Code Enforcement Officer shall be required prior to placing a dish or ground antenna in operation.
(6) The Planning Board may require the applicant to screen the dish in order to reduce potential nuisance or disturbances to adjacent properties.
(7) Although locations in side and rear yards shall be encouraged, a ground-mounted satellite TV dish antenna may be located in a front yard if the applicant can demonstrate to the satisfaction of the Planning Board that locating the dish in either the side or rear yard would not provide adequate reception.
(8) Other antennas or towers may be either ground-mounted or mounted on or attached to a building for support. Such antennas or towers shall not exceed 15 feet above the maximum height of the building on which they are mounted or to which they are attached or accessory thereto.
(9) A tower which is ground-mounted shall only be located in a rear yard. Towers may be permitted on corner or through lots, provided that they are no closer to the front lot line than the front building line.
(10) Ground-mounted towers shall be set back from all other structures and all property lines a distance which is not less than 11/2 times the distance between the highest part of such antenna or tower and the ground. Guy wires, anchors and other supports for an antenna shall not be closer than 10 feet to any property line.

Apartments, accessory (Special Permitted Use)

APARTMENT
A dwelling unit that is intended to be leased or rented. This term shall not be deemed to include a motel, hotel, boardinghouse or travel trailer.

Districts Where Allowed Districts Permitted by Special Use Permits: AC, HD, MD, RR, WF

Vehicle Parking:
2 parking spaces per dwelling unit.
See § 165-125: Off-street parking regulations. for more detailed information on parking.

Development Requirements:

The Zoning Board of Appeals may approve a permit for an accessory apartment within the AC Agricultural Conservation, RR Rural Residential, MD Medium Density Residential, HD High Density Residential and WF Waterfront Residential Districts, provided that the following standards and conditions are maintained:

A. It is the intent of the Town to provide housing opportunities for family members to live in an apartment within the same structure as the occupants of the principal residence or in an accessory building in quarters which are accessory to the principal residence. Should there be a change in the conditions existing at the time of the approval of the special permitted use permit, the permit shall become null and void.
B. The accessory apartment shall be occupied by a person(s), related either by blood, marriage, adoption or other domestic bond, to the owner(s) residing on the premises and whose name(s) shall be included in the application to the Zoning Board of Appeals.
C. No significant external change in the appearance of the structure shall be made that would distinguish the premises from a single-family residence or a customary accessory structure.
D. The accessory apartment shall not exceed 35% of the total floor area of the principal building or 550 square feet, whichever is greater.
E. The owner of the lot on which the accessory unit is created shall occupy at least one of the dwelling units on the premises.
F. No less than three off-street parking spaces shall be provided to serve the residents of the principal and accessory residential unit.
G. No more than one accessory apartment may be created on any single property.
H. The approval granted by the Zoning Board of Appeals shall be for a two-year period and may be renewed for the same period of time as long as the same conditions are in effect and the property owner continues to reside in one of the residences on the premises. If title to the property changes, if the family member(s) is deceased or no longer occupies the accessory unit, the permit shall not be renewed and the facilities that provide for independent occupancy (i.e., kitchen and bath facilities) shall be removed. As an alternative to the removal of these facilities, the occupant of the principal residential unit shall submit plans to show that there is unhindered internal access to the entire dwelling as a condition of the continuation of the certificate of occupancy.
I. An accessory apartment is required to be inspected by the Code Enforcement Officer prior to the Town issuing a special permit, prior to any approval of a request for renewal by the Zoning Board of Appeals and at the termination of the special permit.

Art studios

Banks

Districts Where Allowed Districts Permitted by Right: GC, HC

Vehicle Parking:
1 parking space for every 100 square feet of gross floor area or major fraction thereof.
Drive-in windows shall have sufficient space to adequately handle 10 cars, separate and apart from any required parking spaces or travel lanes.
See § 165-125: Off-street parking regulations for more detailed information on parking.

Development Requirements:

This use is permitted as a principal use in this district and includes remote teller stations.

Barbershops, beauty shops or cosmetic treatment clinics

Bottle redemption centers

Districts Where Allowed Districts Permitted by Right: GC, HC

Vehicle Parking:
If any proposed use is not specifically identified in Schedule II, Off-Street Parking Spaces Required, the requirements for off-street parking facilities shall be determined by the Planning Board.
See § 165-125: Off-street parking regulations for detailed information on parking.

Development Requirements:

This use is permitted as a principal use in this district and provides for the redemption of plastic and glass bottles and aluminum cans by the general public, the redemption of which takes place totally within the building premises and which does not include any exterior storage or processing undertaken to reshape or recycle the collected material.

Building materials supply centers

Districts Where Allowed Districts Permitted by Right: GC, HC

Vehicle Parking:
1 parking space for every 150 square feet of gross floor area or major fraction thereof.
See § 165-125: Off-street parking regulations for more detailed information on parking.

Development Requirements:

GC District:
This use is permitted as a principal use in this district provided that materials storage is under a roofed structure.

HC District:
This use is permitted as a principal use in this district and includes the display and sale of prefabricated building units.

Camping grounds (Special Permitted Use)

CAMPING GROUND
A parcel of land used or intended to be used, let or rented for transient, vacation and recreational occupancy by travel trailers, campers, tents, recreational vehicles, A-frames and the motor vehicles propelling or carrying the same, but excluding mobile homes, A-frames or other structures designed for year-around occupancy or as a place of residence.

Districts Where Allowed Districts Permitted by Special Use Permits: AC, RR

Vehicle Parking:
If any proposed use is not specifically identified in Schedule II, Off-Street Parking Spaces Required, the requirements for off-street parking facilities shall be determined by the Planning Board.
See § 165-125: Off-street parking regulations for detailed information on parking.

Development Requirements:

The Zoning Board of Appeals may approve a permit for camping grounds within the AC Agricultural Conservation and RR Rural Residential Districts, provided that the following standards and conditions are maintained:

A. Camping grounds shall be occupied only by travel trailers, pick-up coaches, motor homes and camping trailers for temporary habitation and used for travel, vacation and recreation purposes only. The removal of wheels and placement of a unit on a foundation in a camping ground is prohibited. No accessory structures shall be attached.
B. No site preparation or construction shall commence, nor shall existing structures be occupied, until final site plan approval has been granted by the Planning Board and permits have been issued by all governmental agencies involved.
C. Minimum site area: 15 acres.
D. Not more than 10 travel trailers, campers, recreational vehicles or motor homes shall be permitted per acre of gross site area.
E. A camping ground shall be located so that no entrance or exit from a site shall discharge traffic into any residential area nor require movement of traffic from the camping ground through a residential area.
F. Conditions of soil, groundwater level, drainage and topography shall not create hazards to the property or the health or safety of the occupants. The site shall not be exposed to objectionable smoke, noise, odors or to other adverse influences, and no portion of the camping grounds subject to flooding, subsidence or erosion shall be used for any purpose which would expose persons or property to hazards.
G. Management headquarters, recreational facilities, toilets, dumping stations, showers, coin-operated laundries, and other uses and structures customarily incidental to the operation of camping grounds are permitted as accessory uses to the camping grounds. In addition, retail stores and other convenience establishments shall be permitted as accessory uses in camping grounds in such districts where such uses are not allowed as principal uses, subject to the following restrictions:

(1) Such establishment and the parking area primarily related to their operations shall not occupy more than 5% of the gross area of the camping ground. Such establishments shall be restricted to serve occupants of the camping ground.
(2) Such establishments shall present no visible evidence from any street outside the camping ground of their commercial character that would attract customers other than occupants of the camping ground.
(3) The structures housing such facilities shall not be located closer than 500 feet to any public street and shall not be directly accessible from any public street, except from a street within the camping ground.

H. Plans for sewage disposal and water supply shall be designed in accordance with standards promulgated by the New York State Department of Environmental Conservation and the Monroe County Department of Health and shall receive approval from said agencies.
I. Streets in camping grounds shall be private, but shall be constructed with a stabilized travelway and shall meet the following minimum stabilized travelway width requirements:

(1) One-way, no parking: 12 feet.
(2) One-way with parking on one side, or two-way with no parking: 18 feet.
(3) Two-way with parking on one side: 27 feet.
(4) Two-way with parking on both sides: 34 feet.

J. Sites. Sites for the parking or placement of recreational vehicles using the campground shall be at least 2,500 square feet in area and have a minimum width of 40 feet.
K. A minimum of 10% of the gross site area for the camping ground shall be set aside and developed as common use areas for open or enclosed recreation facilities. No travel trailer site, required buffer strip, street right-of-way, storage area or utility site shall be counted as meeting this requirement for recreational space.
L. Entrances and exits to camping grounds shall be designed for safe and convenient movement of traffic into and out of the camping ground and to minimize friction with movement of traffic on adjacent streets. All traffic into or out of the camping ground shall be through such entrances and exits. No entrance or exit shall require a turn at an acute angle for vehicles moving in the direction intended. Radii shall be provided so as to facilitate easy turning movements for vehicles with trailers attached.
M. No parking, loading or maneuvering incidental to parking or loading shall be permitted on any public right-of-way, street, sidewalk, required buffer, public grounds or on any private grounds not part of the camping grounds unless the owner has given written permission for such use. Each camping ground shall provide off-street parking, loading and maneuvering space, located and scaled to permit compliance with the standards specified in this section. Camping ground owners shall be responsible for violations of these requirements.
N. Pedestrian walkways shall be provided to lead to all parking areas, rest rooms or other service buildings. All off-street parking areas and walkways shall have adequate lighting.
O. All utilities shall be underground.
P. Not less than one covered twenty-gallon garbage receptacle shall be provided for each camp site. Garbage and rubbish shall be collected and disposed of as often as may be necessary to ensure sanitary conditions.
Q. All applicable sanitation standards promulgated by the State of New York shall be met.

Car wash establishments (Special Permitted Use)

CAR WASH
A structure or building designed for the washing, waxing or similar treatment of automotive vehicles as its principal function. A filling station having portable washing equipment shall not be deemed to be a car wash where such is an accessory service to the principal service of the filling station.

Districts Where Allowed Districts Permitted by Special Use Permits: HC

Vehicle Parking:
If any proposed use is not specifically identified in Schedule II, Off-Street Parking Spaces Required, the requirements for off-street parking facilities shall be determined by the Planning Board.
See § 165-125: Off-street parking regulations for detailed information on parking.

Development Requirements:

The Zoning Board of Appeals may approve a permit for a car wash establishment, including both coin-operated vehicle washers and automatic vehicle washers, in the HC Highway Commercial District, provided that the following standards and provisions are maintained:

A. Coin-operated vehicle washers. These washers are intended to be those where the vehicle operator washes the vehicle by using a hose which is geared to a coin-operated, timed mechanism.

(1) The vehicle washing facility or customary uses or operations associated with the facility shall be located no closer than 300 feet to any residential district and shall be separated from a residential district by another nonresidential use.
(2) All washing facilities shall be within a completely enclosed building which shall be designed in keeping with the facades of adjacent land uses.
(3) Vacuuming facilities may be located outside the building but shall not be in the front yard and shall meet the setback requirements for the Highway Commercial (HC) District. Setback areas shall be buffered or screened as deemed necessary by the Planning Board during site plan review.
(4) Off-street parking shall be provided on the property in the ratio of not less than four reservoir parking spaces entering each washing stall and three reservoir parking spaces at the exit from each stall. The reservoir spaces shall have a minimum width of 10 feet and a minimum length of 24 feet. In addition to the required reservoir spaces for customers, there shall also be one off-street parking space for each employee on the maximum shift.
(5) Access to reservoir spaces shall not be provided directly by a driveway from a public street or from adjoining lots. Access shall be provided by parking lot aisles or by service drives on the site.
(6) Adequate drainage facilities shall be provided to prevent standing water on-site.
(7) All off-street parking areas shall be paved with asphalt or concrete.
(8) Any lights used to illuminate the area shall be directed away from adjacent properties and roadways.
(9) The proposed hours of operation shall be approved by the Zoning Board of Appeals.

B. Automatic vehicle washers. These vehicle washers are intended to be those where the vehicle is either slowly driven through or pulled through by an automatic chain mechanism. This vehicle washer is one in which the vehicle operator does not perform any of the washing functions other than to drive the vehicle where necessary.

(1) The vehicle washing facility and customary uses or operations associated with the facility shall not be located closer than 500 feet to a residential district and shall be separated from a residential district by at least two other nonresidential uses.
(2) All vehicle wash operations shall be sound-proofed and the entire development arranged and operated so that the noise emanating from the use, as measured from any point on the adjacent property, shall be no more audible than the noise emanating from the ordinary street traffic and from other commercial uses measured at the same point on said adjacent property.
(3) No less than 10 reservoir parking spaces shall be provided for the entrance to each washing area if there are two entrance bays and no less than seven spaces for each entrance bay if there are three or more entrance bays. No less than five reservoir parking spaces shall be provided at the exit of each washing area. The reservoir spaces shall have a minimum width of 10 feet and minimum length of 24 feet. In addition to the required reservoir spaces for customers, there shall also be one off-street space for each employee on the maximum shift.
(4) Access to reservoir spaces shall not be provided directly by a driveway from a public street or from adjoining lots. Access shall be provided by parking lot aisles or by service drives on the site.
(5) Vacuuming facilities may be provided outside of the building but such activities shall meet the setback requirements established for the Highway Commercial (HC) District. Setback areas shall be buffered or screened as deemed necessary by the Planning Board during site plan review.
(6) Adequate drainage facilities shall be provided to prevent standing water on-site.
(7) The only operations conducted on the property shall be the washing of vehicles and vacuuming of interiors of vehicles.
(8) Any lighting shall be directed away from adjacent properties and roadways.
(9) All off-street parking areas shall be paved with asphalt or concrete.
(10) All washing operations shall be conducted within enclosed structures which shall be externally designed to be in keeping with the exterior facades of adjacent land uses.

C. The Zoning Board of Appeals may approve a request by the operators of a car wash establishment to sell gasoline and retail convenience goods on the site of the car wash property. The Zoning Board of Appeals, in considering such a request, may require the operation to submit additional information to adequately describe the location and operation of such activity and, as a condition of granting such approval, may impose any conditions it deems necessary to protect the health and safety of motorists and pedestrians and to protect adjacent properties from potential adverse impacts of such use. Under no conditions shall the operator be allowed to perform repairs to motor vehicles on the site. Further, any merchandise available for sale shall be maintained within a fully enclosed building.

Cemeteries (Special Permitted Use)

Districts Where Allowed Districts Permitted by Special Use Permits: AC, MD, RR

Vehicle Parking:
If any proposed use is not specifically identified in Schedule II, Off-Street Parking Spaces Required, the requirements for off-street parking facilities shall be determined by the Planning Board.
See § 165-125: Off-street parking regulations for detailed information on parking.

Development Requirements:

The Zoning Board of Appeals may approve a permit for the establishment and operation of a cemetery within the AC Agricultural Conservation, RR Rural Residential and MD Medium Density Residential Districts, provided that the following standards and conditions are maintained:

A. A new cemetery shall contain at least 10 acres of land. An existing cemetery may be increased in size, provided that land being added contains a minimum of three acres of land; is located adjacent to an existing cemetery; and is not separated from the existing cemetery by a public highway, or other public right-of-way.
B. No site preparation or use shall commence until final site plan approval has been granted by the Planning Board and permits have been issued by all governmental agencies involved. Among the features to be considered by the Planning Board as part of any site plan approval shall be:

(1) The adequacy of the site to allow for the safe and efficient off-street parking of vehicles being used as part of a funeral procession;
(2) The availability of an internal vehicle circulation pattern to permit ingress and egress from the same point of access to a public highway;
(3) The method of water supply;
(4) The location of trash receptacles;
(5) The location of compost pile, bin or storage facility for plant materials and the screening of all such facilities; and
(6) The overall landscaping plan for the entire site.

C. Each cemetery shall maintain at least a ten-foot open area, around the perimeter of the property, that is to be mowed and landscaped.
D. Each cemetery shall provide a maintenance building to be used for the storage of all equipment and materials being used in the maintenance of the cemetery.
E. Each cemetery shall provide an off-street parking area to accommodate a minimum of five vehicles per acre of land. This parking area shall be centrally located for the use of all persons visiting the cemetery facility. If it is not practical to provide a centralized off-street parking area, the applicant may propose an alternative plan to ensure convenient access to grave sites for visitors for consideration and approval by the Planning Board. All off-street parking areas shall be landscaped to the satisfaction of the Planning Board.
F. Each cemetery shall maintain and post the hours of operation and use by the public including a phone number for people to call for information or to report an incident.

Child care, day-care, nursery or nursery schools (Special Permitted Use)

DAY-CARE CENTER
A facility duly permitted by the New York State Department of Social Welfare, for the care of either six or more children, or six or more adults, for less than 24 hours a day on a regular basis.

NURSERY SCHOOL
A place provided or designed to provide daytime care or instruction for three or more children from two to five years of age away from their home for up to five hours per day.

Districts Where Allowed Districts Permitted by Special Use Permits: GC, HD, MD, RB, RR

Vehicle Parking:
If any proposed use is not specifically identified in Schedule II, Off-Street Parking Spaces Required, the requirements for off-street parking facilities shall be determined by the Planning Board.
See § 165-125: Off-street parking regulations for detailed information on parking.

Development Requirements:

The Zoning Board of Appeals may approve a permit for adult day-care, child-care facilities and nursery schools within the RR Rural Residential, the MD Medium Density Residential, the HD High Density Residential, the RB Restricted Business and the GC General Commercial Districts, provided that the following standards and conditions are maintained:

A. The applicant has obtained all of the requisite governmental approvals to operate the proposed facility.
B. The building shall meet the requirements of the New York State Uniform Fire Prevention and Building Code.
C. The proposed use shall comply with the minimum lot size and yard requirements specified in Schedule I for the zone district in which the proposed use is to be located.
D. On-site recreational facilities shall be provided and maintained for the exclusive use of clients. Recreational areas shall be physically separate from on-site parking areas or driveways and screened from adjacent properties.
E. Off-street parking shall be provided as required in Schedule II of this chapter. All off-street parking shall be illuminated, adequately screened from adjacent residential sites and available for use by visitors and employees.
F. No off-street parking areas shall be allowed in the front yard except for child-care use operated in conjunction with a single-family dwelling and regulated by the New York State Department of Social Services.

Churches, parish houses, or convents (Special Permitted Use)

Districts Where Allowed Districts Permitted by Special Use Permits: HD, MD, RR

Vehicle Parking:
1 parking space for every 3 seats in the main assembly unit.
See § 165-125: Off-street parking regulations for more detailed information on parking.

Development Requirements:

The Zoning Board of Appeals may approve a permit for a church, a parish house and convent within the RR Rural Residential, the MD Medium Density Residential and the HD High Density Residential Districts, provided that the following standards and conditions are maintained:

A. The minimum land area shall be three acres.
B. Each special permitted use shall have only a single point of access to each public street on which the use may have frontage. All off-street parking shall be designed to complement the internal circulation pattern and the point, or points, of access to the property.
C. Off-street parking shall be provided in accordance with the requirements set forth in Schedule II of this chapter.
D. Off-street parking shall be adequately illuminated, landscaped and buffered from adjacent residential sites.
E. If a bus is to be used as part of the operation of the special permitted use, a designated parking area shall be provided for the storage of said vehicle. Such parking area shall be located behind the principal building and landscaped and buffered from any adjacent residential site. No unregistered vehicles shall be permitted to be stored on any property for which a special permitted use permit has been approved. Should any special permitted use require more than one bus to be used as part of the operations, the operator shall provide a separate designated parking area for each vehicle.
F. Site lighting shall be provided as part of any special permitted use. Such lighting shall not illuminate adjacent residential sites. Site lighting shall be restricted to providing adequate security lighting for the property after the public use of the property has been concluded.
G. All activities of the special permitted use shall be stated in the terms and conditions of the approval that may be granted by the Zoning Board of Appeals. If the applicant proposes outdoor use of the property, the site plan should identify that portion of the site where such activities are to occur. Prior to the approval of any outdoor use of the property, the Zoning Board of Appeals shall consider how such outdoor use will impact on neighboring areas. The Zoning Board of Appeals shall evaluate such concerns as noise, traffic congestion, traffic safety, off-street parking and neighborhood security as part of its process of deliberation.
H. All special permitted uses shall provide acceptable facilities for the storage of trash. In no instance shall any trash be stored outside of enclosed containers. All outdoor storage facilities shall be landscaped to the satisfaction of the Planning Board as part of site plan review.
I. All special permitted uses to be served by a septic system shall be designed for the specific use and approved by the Monroe County Department of Health.
J. All special permitted uses shall maintain an open area of not less than 20 feet in depth around the perimeter of the property. This area is to be mowed and landscaped.

Communication towers (Special Permitted Use)

TOWER
Includes any structure, including dish antennas, whether attached to a building or freestanding and whether guyed or self-supporting, designed to be used as, or for the support of, devices to be used for the transmission and/or reception of radio frequency signals or microwave, such as, but not limited to, broadcast, shortwave, citizens band, cellular communications, paging, FM or television signals, wind-driven devices such as energy converters and windspeed and/or direction indicators, or any energy-creating enterprise or for personal observation.

Districts Where Allowed Districts Permitted by Special Use Permits: GC, HC, LI

Vehicle Parking:
If any proposed use is not specifically identified in Schedule II, Off-Street Parking Spaces Required, the requirements for off-street parking facilities shall be determined by the Planning Board.
See § 165-125: Off-street parking regulations for detailed information on parking.

Development Requirements:

The Zoning Board of Appeals may approve a permit for the creation and maintenance of communication towers within the GC General Commercial, HC Highway Commercial and LI Light Industrial Districts, provided that the following standards and provisions are maintained:

A. The minimum lot size for a tower shall be five acres, regardless of whether leased or owned in fee.
B. No more than one communication tower shall be permitted on any parcel of land.
C. The minimum setback of any tower part, including accessory facilities, from any property line for each communication tower shall be the height of the tower to be erected plus 20 feet.
D. No communication tower shall exceed 200 feet above finished grade level.
E. Communication towers shall be marked and lighted, as appropriate, in order to comply with standards and requirements of any governmental agency with jurisdictional authority. Whenever possible, towers should be designed and sited so as to avoid the application of Federal Aviation Administration (FAA) lighting and painting requirements.
F. The Town of Parma prefers the shared use of towers to the construction of towers for individual use. Where shared use is not possible the location of antenna on preexisting structures shall be considered. Applicants shall be required to present an adequate report inventorying existing towers within reasonable distance of the proposed site and outlining opportunities for shared use of existing facilities and the use of other preexisting structures as an alternative to the construction of a new tower. Government and emergency service use of towers shall be rent-free.
G. Applicants intending to share use of an existing tower shall document intent from an existing tower owner to share use. The applicant shall pay all reasonable fees and costs of adapting an existing tower or structure to a new shared use. Those costs include but are not limited to structural reinforcement, preventing transmission or receiver interference, additional site screening, and other changes including real property acquisition or lease required to accommodate shared use.
H. Applicants proposing to build new towers shall submit a report demonstrating good faith efforts to secure shared use from existing towers as well as documenting capacity for future shared use of the proposed tower. Written requests and responses for shared use shall be provided.
I. No communication towers shall contain any signage except that identifying a health, safety or general welfare message intended solely for the protection of the general public.
J. All commercial communication towers shall be completely enclosed by a fence, with suitable locking facilities, not less than eight feet in height above ground level.
K. All towers and accessory facilities shall be sited to have the least practical adverse visual effect on the environment.
L. Towers shall be a galvanized finish or painted gray above the surrounding treeline and painted gray, green or black below the surrounding treeline unless other standards are required by the FAA.
M. Accessory facilities shall maximize the use of building materials, colors and textures designed to blend with the natural surroundings.
N. Existing on-site vegetation shall be preserved to the maximum extent possible, and no cutting of trees exceeding four inches in diameter (measured at a height of four feet off the ground) shall take place prior to approval of the special permitted use. Clear-cutting of all trees in a single contiguous area exceeding 20,000 square feet shall be prohibited.
O. Deciduous or evergreen tree plantings may be required by the Planning Board during site plan review.
P. An access road and sufficient off-street parking facilities shall be provided to assure adequate emergency and service access. Maximum use shall be made of existing roads. Road construction shall be consistent with standards established by the Town and shall minimize ground disturbance and the cutting of vegetation at all times. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion potential.
Q. Site plan approval shall be granted by the Planning Board in accordance with the provisions of this chapter. In addition to the specific requirements, a site plan application for a communication tower shall include the following additional information:

(1) The location of all structures and trees on the site and on any adjacent property within 50 feet of the subject property line.
(2) Documentation of the proposed intent and capacity of use as well as a justification for the height of any tower and antennas and justification for any proposed clearing of land or vegetation.
(3) All information prepared by the manufacturer of the tower, or the applicant for which a special permitted use permit is being sought, including, but not limited to, the following:

(a) Type of tower to be erected.
(b) Identification of any anti-climb device to be installed.
(c) Identification of the levels of radiation to be emitted by or from the communication tower.
(d) Identification of the effects that the operation of the tower will have on other existing communication towers or antenna within 1,000 feet of the proposed structure.

(4) The Zoning Board of Appeals and the Planning Board may consult with the Town Engineer or retain the services of a communications consultant to review the proposed site plans for a communication tower. All consultant costs incurred by the Town in the review of site plans and application documents shall be borne by the applicant.

R. Exceptions. The following communication towers are excepted from the provisions of this section:

(1) Facilities under the control or ownership and used exclusively by a public or governmental agency.
(2) Satellite dish antennas as regulated elsewhere in this chapter.
(3) Conventional television and radio antennas when used exclusively for private benefit and involving a structure with a height less than 15 feet above existing grade, or if attached to a structure, 15 feet above the maximum height of the building.
(4) Lawful or approved uses existing prior to the effective date of these regulations.

S. Time limit. In consideration of a special permitted use permit for the erection and maintenance of a communication tower, the Zoning Board of Appeals may impose a specific time period for the operation of the use. Said time limit shall clearly stipulate the conditions imposed for granting the special permitted use permit and the basis for the Zoning Board of Appeals not to renew said permit for another specified time period.
T. Removal. In the event that a communication tower becomes obsolete due to new technology, is no longer used for the purpose specified in the application, or the communication facility ceases operations for a period of 90 days, such tower, structures or facilities shall be dismantled and removed from the site within 30 days of receipt of written notice from the Town and based upon the Town's declaration to the effect specified herein.
U. Assurances. The Zoning Board of Appeals may, as a condition of special permitted use permit approval, require the applicant to provide a letter of credit, performance bond or other financial guarantee to ensure that funds will be available for the Town's use to remove said structure in the event of noncompliance with the provisions of this chapter or if the structure is no longer used for the purpose for which the permit was granted.
V. Although the Town would encourage applicants to find suitable locations in the GC General Commercial, HC Highway Commercial and LI Light Industrial Districts, the Zoning Board of Appeals is authorized to approve a special permitted use permit for communication towers in any other district, provided that the applicant submits sufficient technical information to document that the proposed use cannot achieve its communications goals in any GC General Commercial, HC Highway Commercial and LI Light Industrial District. In considering such a request, the Zoning Board of Appeals shall be guided by the standards of this section, but may also impose additional requirements and controls to minimize potential impacts on neighboring properties.

Convenience sales mart of sundry items

Data processing or computer service centers

Decks or porches

Dwellings, multiple-family

DWELLING, MULTIPLE- (MULTI) FAMILY
A residential building designed for, or occupied by, three or more families living independently of each other with the number of families in residence not exceeding the number of dwelling units provided.

Dwellings, single-family

DWELLING, SINGLE-FAMILY
A detached residential dwelling unit designed for and occupied exclusively by one or more persons living as a single nonprofit housekeeping unit.

Dwellings, twin homes

DWELLING, TWIN HOME
A two-family dwelling in which a lot line passes between the units along a common wall.

Districts Where Allowed Districts Permitted by Right: PD-SR, TH

Vehicle Parking:
Two parking spaces shall be provided for each dwelling unit.
See § 165-125: Off-street parking regulations for more detailed information on parking.

Development Requirements:

Side setbacks shall be zero feet wherever two townhouses or twin home units are joined by a common wall.

(1) Each multiple residence building, twin home dwelling or townhouse structure shall be constructed and maintained in compliance with the requirements of the Multiple Residence Law and the New York State Uniform Fire Prevention and Building Code, as applicable. Such structure shall, however, conform to the local code if the Town has established more stringent requirements.
(2) Each multiple residence, twin home dwelling or townhouse development shall have a lot area of not less than two acres.
(3) There shall be a lot area of not less than 3,500 square feet for each dwelling unit located on the lot.
(4) Each dwelling unit shall provide the following minimum habitable area. Areas for the common use of occupants such as lobbies and corridors will not be considered as habitable area.

(a) Studio apartment (not more than 25% of the total number of units provided shall be studio units): 500 square feet.
(b) One-bedroom apartment: 650 square feet.
(c) Two-bedroom apartment: 800 square feet.
(d) More than a two-bedroom apartment: 800 square feet, plus 150 square feet for each additional bedroom.
(e) Townhouse unit: 950 square feet.

(5) No building shall contain more than eight dwelling units.
(6) Each dwelling unit shall have its own separate full bathroom.
(7) All multiple residence, twin home dwelling and townhouse developments shall provide safe and efficient pedestrian circulation and site lighting.
(8) All multiple residence buildings, twin home dwellings and townhouse structures shall be served by publicly owned, operated and maintained water supply and sanitary sewage disposal facilities.
(9) Each building shall be provided with suitable containers for the storage of recyclable materials and refuse collections. Such containers shall be screened from public view by use of fences or solid walls.
(10) Access to public roads.

(a) All multiple residence, twin home dwelling and townhouse developments shall have direct access from the common parking area(s) to a dedicated highway.
(b) No individual dwelling unit shall have direct access to a dedicated highway.

(11) Each dwelling unit shall have a rear yard adjacent to the unit which shall be reasonably secluded from view from neighboring property or streets and which shall include at least 500 square feet of usable open space.
(12) No multiple residence, twin home dwelling or townhouse development shall have more than 2 stories or be more than 35 feet in height. Spires, chimneys, cupolas, flagpoles and antennas are exempt from this limitation, provided that the antennas are visually integrated into the building lines.
(13) No room shall be used for living purposes if more than four feet of its vertical height is below grade.
(14) No multiple residence, twin home dwelling or townhouse building shall be less than 18 feet in width.
(15) No exterior wall shall exceed 50 feet in length unless there is a lateral offset of at least four feet in its alignment.
(16) Except for an accessory structure to an individual dwelling unit, the minimum distance between a multiple residence or townhouse dwelling structure and any other structure on a proposed development site shall be 40 feet and the minimum distance between a twin home dwelling and any other structure on a proposed development site shall be 20 feet.
(17) No swimming pool shall be located within 40 feet of a multiple residence or townhouse dwelling structure or 20 feet from a twin home dwelling.
(18) Not less than 25% of the land area within a multiple residence, twin home dwelling or townhouse development, excluding parking areas and vehicle access facilities, shall be established and maintained as open space for the use and enjoyment of residents and their guests.
(19) The coverage of all buildings and structures within a multiple residence, twin home dwelling or townhouse development shall not exceed 25% of the area of the entire site.
(20) No structure within a multiple residence, twin home dwelling or townhouse development shall be setback less than 20 feet from any common parking area.
(21) No structure within a multiple residence, twin home dwelling or townhouse development shall be setback less than 75 feet from a state or county highway or 40 feet from a Town road and not less than 50 feet from the external property line for the development. However, side yard setbacks for individual lots shall be zero feet from the property line wherever two townhouse, twin home dwelling or multifamily dwelling units are joined by a common wall along the parcel boundary.
(22) Notwithstanding the provisions of § 165-128B(2), the height of a privacy fence built upon a deck or other structure shall be limited to a height of four feet from the surface of the deck or other structure.

Dwellings, two-family (Special Permitted Use)

DWELLING, TWO-FAMILY
A detached residential building, containing two dwelling units, designed and used for occupancy by two families living independently of each other as nonprofit housekeeping units. A duplex is a two-family dwelling which is designed with a common wall.

Districts Where Allowed Districts Permitted by Right: PD-SR Districts Permitted by Special Use Permits: HD

Vehicle Parking:
2 parking spaces per dwelling unit.
See § 165-125: Off-street parking regulations for more detailed information on parking.

Development Requirements:

The Zoning Board of Appeals may approve a permit for a two-family dwelling within the HD High Density District, provided that the following standards and conditions are maintained:

A. The minimum lot size, width and setback requirements for a two-family dwelling shall conform to the specifications set forth in Schedule I of this chapter.
B. Each dwelling unit within a two-family structure shall meet the minimum living area requirements established for single-family dwellings in accord with the provisions of § 165-34E(2).
C. Each dwelling unit within the structure shall be served with separate utility meters, shut-off valves and waste disposal facilities.
D. Each dwelling unit in a two-family structure shall have its own driveway access to a public street. Such driveway shall have an improved asphalt or equal hard top surface.
E. In instances where eight or more two-family dwelling structures are planned as part of a land subdivision, the Zoning Board of Appeals shall carefully consider the need for a marginal frontage road to be provided between the structures and the public street.
F. Each two-family dwelling structure shall have not less than two off-street parking spaces for each residential unit in addition to a separate garage for each individual living unit. These parking spaces may be designed as part of the driveway and turnaround area.
G. Each two-family dwelling structure shall be landscaped to effectively screen dissimilar uses from one another and to protect and enhance the overall quality of the existing neighborhood.
H. The Zoning Board of Appeals shall review and approve the amount and location of landscaping and buffer screening to be provided.
I. The Zoning Board of Appeals shall determine that the neighborhood character of the site proposed for two-family dwellings is appropriate for such use and that plans for water supply, sewage disposal and storm drainage are capable of serving the proposed use.
J. The Zoning Board of Appeals shall determine that the street system serving the site is adequate to carry the anticipated traffic flows and that the proposal will not create a burden or nuisance for adjoining property owners.
K. The facade of a two-family dwelling structure that fronts on a public street or highway shall be designed in such a manner as to give the appearance that the building is a single-family dwelling structure.
L. No site preparation or construction shall commence until final site plan approval has been granted and permits issued by all governmental agencies involved.

M. Side setbacks shall be zero feet wherever two townhouses or multiple dwelling units are joined by a common wall.

Equipment rentals

Essential services (Special Permitted Use)

ESSENTIAL SERVICES
The erection, construction, alteration or maintenance by public utilities, or any government department or commission, of underground or overhead gas, electrical, telecommunications or water transmission and/or distribution systems, including poles, wires, drains, sewers, pipes, conduits, cables, towers, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies, or to the public health or safety or general facilities or sites for the disposal of waste materials associated with the provision of such services. Maintenance facilities, including storage yards and buildings, associated with the operation of essential services are also included within the definition of this term.

Districts Where Allowed Districts Permitted by Special Use Permits: AC, GC, HC, HD, LI, MD, RB, RR, WF

Vehicle Parking:
If any proposed use is not specifically identified in Schedule II, Off-Street Parking Spaces Required, the requirements for off-street parking facilities shall be determined by the Planning Board.
See § 165-125: Off-street parking regulations for detailed information on parking.

Development Requirements:

The Zoning Board of Appeals may approve a permit for essential services for area utility services as defined and regulated in each district, provided that the following standards and conditions are maintained:

A. The proposed improvement is necessary and convenient in the specific location for the efficiency of the utility service or the satisfactory and convenient provision of service to the area in which the particular use is located.
B. The design of any building in connection with such facility shall conform to the general character of the area and shall not adversely affect the safe and comfortable enjoyment of property rights in the district in which it is to be located.
C. The proposed improvement shall not create communication interference to the detriment of adjacent property owners.
D. All parking areas for utility vehicles and employee vehicles shall be adequately screened and buffered from adjacent properties.
E. All materials and equipment used in conjunction with the utility service shall be located within an enclosed structure. If such an enclosure is not practical, such use shall be effectively screened and buffered from adjacent properties.
F. All utility sites shall have adequate and attractive fences and other safety devices provided, including security site lighting, as may be deemed appropriate by the Zoning Board of Appeals. No site lighting shall be permitted to create glare or to illuminate any adjacent land.
G. A landscaped buffer strip of not less than 15 feet in depth shall be provided around the perimeter of the property proposed for such use.

Farm or lawn equipment sales (Special Permitted Use)

Districts Where Allowed Districts Permitted by Special Use Permits: HC

Vehicle Parking:
If any proposed use is not specifically identified in Schedule II, Off-Street Parking Spaces Required, the requirements for off-street parking facilities shall be determined by the Planning Board.
See § 165-125: Off-street parking regulations for detailed information on parking.

Development Requirements:

The Zoning Board of Appeals may approve a permit for establishments that sell or service new or used cars, trucks, motorcycles, recreational vehicles and lawn or farm equipment in the HC Highway Commercial District, provided that the following standards and provisions are maintained:

A. Sales of such vehicles or equipment shall be conducted in a fully enclosed building located on the same lot, and having a building area of not less than 1,000 square feet devoted to the sales and servicing of such vehicles and equipment.
B. Accessory to such building, the sale of such vehicles and equipment may be carried on in an unenclosed area, provided that:

(1) Such area is on the same or an adjacent lot to such building. If the enclosed area is on an adjacent lot, the lot shall be not more than 200 feet from the lot with the building and shall further be in the same ownership as said building; be in the HC Highway Commercial District; and be used for no other purpose.
(2) Such unenclosed area shall be paved and suitably drained subject to requirements established by the Zoning Board of Appeals, and by the Planning Board during site plan review. Such areas shall be maintained in a neat and orderly manner and in good order and condition.
(3) All exterior illumination shall be approved by the Planning Board during site plan review, and shall be shielded to reduce the glare that may negatively impact on surrounding properties and streets.
(4) The Planning Board, during site plan review, shall review and approve the amount and location of landscaping and buffer screening to be provided, consistent with conditions of the Zoning Board of Appeals approval of the special permitted use permit.

C. No establishment for the sale of such vehicles and equipment shall be opened, conducted or maintained except as provided herein. None of the provisions of this section, however, shall be deemed to prohibit the continuance of the present use of any property for the sale of such vehicles and equipment, provided that any change in the nature of said use shall be the subject to the provisions of this section. Plans for any changes required to bring about such conformance shall be submitted to and approved by the Zoning Board of Appeals before any such change shall be made. The Zoning Board of Appeals may approve, modify or disapprove such plans and may impose reasonable and appropriate conditions to such approval so that the spirit of this chapter shall be observed.
D. A minimum area of 200 square feet shall be provided on the lot for each motor vehicle displayed, parked or stored in any unenclosed area. Each motor vehicle stored or displayed therein shall be placed or parked parallel to each other facing in the same direction toward the street upon which such lot fronts and such motor vehicles shall be arranged in an orderly manner in such spaces.

Farmworker housing (Special Permitted Use)

Districts Where Allowed Districts Permitted as an Accessory Use: AC, HD, MD, RR

Vehicle Parking:
2 parking spaces per dwelling unit.
See § 165-125: Off-street parking regulations for more detailed information on parking.

Development Requirements:

A. Farmworker housing to support an individual agricultural operation is permitted within the AC Agricultural Conservation, the RR Rural Residential, the MD Medium Density Residential and the HD High Density Residential Districts, and in other zoning districts when the farmworker housing is used in support of a farm operation as defined in Article 25AA, Section 301.11 of New York State Agriculture and Markets Law and located within a certified agricultural district. Such housing may be either temporary (intended for seasonal use) or permanent and intended for year-round use by full-time employees other than an owner or partner of the farm operation.

B. Farmworker housing in support of a farm operation as defined in Article 25AA, Section 301.11 of New York State Agriculture and Markets Law and located within a certified agricultural district. Such housing shall be subject to site plan review by the Planning Board and subject to the following standards and conditions. All other farmworker housing shall, in addition to site plan review by the Planning Board, require a special permit from the Zoning Board of Appeals. The maximum number of farmworker housing units allowed in support of an individual agricultural operation shall be based on:

(1) Justification of need for the number of dwelling units requested.
This justification is to be based on, among other items, full time employment by one or more persons living as a family in the farmworker dwelling unit and deriving their principal income from the individual agricultural operation for which the housing is requested.
(2) A farmworker housing unit shall only be occupied during the planting, growing and harvesting season for the agricultural operation. At all other times the farmworker housing unit shall be secured and maintained in a state of good repair.
(3) No farmworker housing unit shall be used, leased or rented to another person if that person does not have a legal interest established with the individual agricultural operation.
(4) All farmworker housing units shall be located on the same parcel as the individual agricultural operation. This provision shall not exclude arrangements whereby farmworker housing is shared by two or more individual agricultural operations.
(5) All farmworker housing units shall comply with the standards of the State Uniform Fire Prevention and Building Code.
(6) All farmworker housing units shall have a septic system approved by the Monroe County Department of Health, or an approved connection to a public sewer system.
(7) All farmworker housing units shall have a driveway to a public highway. To the extent possible, this driveway shall be combined with the driveway for the owner of the individual agricultural operation and any other driveways for all other farmworker housing units associated with said individual agricultural operation.
(8) All farmworker housing units shall have a designated area for parking of at least one vehicle per housing unit. This parking area shall be located adjacent to, or within 100 feet from, the main entrance to each farmworker housing unit. All such parking area(s) shall be adequately screened or buffered from existing dwelling units or adjacent residential zoned land.
(9) All farmworker housing units shall be anchored to a concrete pad or attached to a building foundation.
(10) All farmworker housing units that contain 980 square feet or less shall have a designated storage area of at least 1,600 cubic feet (10 feet by 20 feet by eight feet). The storage area shall be separate from the farmworker dwelling unit and screened or buffered from existing dwelling units or adjacent residential zoned land.
(11) All farmworker housing units shall be located on that portion of an actively farmed site which the Planning Board had determined would cause the least disruption to continued farming operations. The basis for this determination will include an overall site plan identifying the land needed for production and the land needed in support of said production.
(12) The maximum land area to be used for farmworker housing units shall not exceed 5% of the total area of the parcel.
(13) All farmworker housing units, regardless of the zone district, shall be subject to the front, side and rear setback standards specified in Schedule I for principal buildings in the AC Agricultural Conservation District.

C. The Zoning Board of Appeals shall require the applicant to prepare and submit an agricultural data statement for all farmworker housing units. The data statement shall be referred to the Agricultural Advisory Committee and to the Monroe County Department of Planning and Development as part of any required referral under the provisions of §§ 239-l and 239-m of the General Municipal Law. Said statement will be used to identify the level of agricultural operations occurring within 500 feet of the site for which the special permitted use permit is requested. Said data statement shall also be used to give notice to adjacent property owners of the request for a special permitted use permit.

Fences

FENCE
A structure of wood, masonry, wire mesh or other material, which 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.

Districts Where Allowed Districts Permitted as an Accessory Use: LI

Development Requirements:

A. Provisions applicable to all districts.

(1) Except for fences associated with agricultural uses, a building permit shall be required for the erection of any fence or privacy structure. A site plan showing the proposed location and details of the fencing or privacy structure shall be provided with the application for the permit.
(2) Closed fences shall not be permitted along any front lot line or alongside lot lines between the front setback line and the highway right-of-way. Open fences along these lot lines shall not be higher than three feet above the adjacent ground level. Open fences allowed herein shall be encouraged to be decorative, such as a split-rail fence or board fence. Except as provided for in this article, wire fences, other than chain link, shall be prohibited.
(3) No fence shall be erected to encroach on any property line or upon a public right-of-way or designated easement.
(4) Where the land is used and occupied as a farm, open style fences shall be permitted, as necessary, to restrain livestock.
(5) No fence which is expressly designed with an intent to injure or malign anyone who attempts to climb such a fence shall be permitted. The exceptions to this rule are certain types of fences listed below in Subsection C(1), below.
(6)The finished or decorative side of a fence shall face away from the applicant's yard.
(7) Chain link fencing used to enclose a tennis court may be permitted up to 10 feet in height, provided that such fencing is not less than 25 feet from either the side or rear property line.
(8) The restrictions specified herein shall not be applied so as to restrict the erection of a wall for the purpose of retaining earth.
(9) No fence that would impede or direct the flow for stormwater runoff shall be erected in a flood hazard area.

B. Provisions applicable to residential districts.

(1) Fences on properties in Agricultural Conservation (AC), Rural Residential (RR), Townhouse Residential (TH), and Waterfront Residential (WR) districts may be erected up to a height of four feet within the rear and side yard. Privacy structures and open and closed fences up to a height of six feet may be permitted on a lot for the express purpose of enclosing or screening a swimming pool or patio area. Such privacy structures shall be subject to the front, side and rear setback requirements of the zoning district. The complete enclosure of a yard in this manner shall not be permitted.
(2) Fences on properties located in High Density Residential (HD) and Medium Density Residential (MD) districts may be erected up to a height of six feet within the side and rear yard, and no fence more than three feet in height shall be erected in the front yard. Chain-link fences are limited to four feet in height. Fences erected under this code section are not subject to property setbacks. Decorative fence posts may extend above the foregoing height limitations by no more than six inches.
(3) Properties located in Agricultural Conservation (AC) and Rural Residential (RR) districts with a lot size of two acres or less may be erected in accordance with the provisions set forth in § 165-128B(2). Up to 50 linear feet of fencing, up to a maximum of six feet in height, may be installed without a permit to enclose a run or pen for domestic animals, subject to the front, side, and rear setback requirements of the zoning district.

C. Provisions applicable to nonresidential districts.

(1) Certain fences permitted; conditions.

(a) Fences allowed in § 165-128B(1).
(b) A fence up to a height of 10 feet, including a barbed-wire-top or an electric-shock fence, may be permitted in the (HC) Highway Commercial, (GC) General Commercial and (LI) Light Industrial Districts upon approval of the Town Board. In order to obtain approval of the Town Board, the applicant must demonstrate that any one of the following conditions exists:

[1] The fence is needed to prevent entry to an area which may be hazardous to the health, safety or welfare of a person or persons.
[2] The fence is needed to secure an area where materials and/or equipment are stored.
[3] The fence is needed to keep animals, other than common household pets, except in a kennel situation, from leaving the site.
[4] In the Board's opinion, other reasons are presented which, in the general community interests of public safety, justify the need for such a fence.

(c) If such fencing is approved by the Town Board, the fact that it is either barbed or electrified shall be clearly indicated on the fencing at intervals of not more than 75 feet.

Food, coffee or ice cream shops

Funeral homes (Special Permitted Use)

Districts Where Allowed Districts Permitted by Right: GC, HC, RB Districts Permitted by Special Use Permits: MD, RR

Vehicle Parking:
15 parking spaces per parlor plus 1 parking space for each employee.
Required parking space for employees refers to the maximum number of employees working on the site any one time.
See § 165-125: Off-street parking regulations for more detailed information on parking.

Development Requirements:

The Zoning Board of Appeals may approve a permit for a funeral home within the RR Rural Residential and the MD Medium Density Residential Districts, provided that the following standards and conditions are maintained:

A. The applicant has obtained all of the requisite governmental approvals to operate the proposed facility.
B. The proposed use shall comply with the minimum lot size and yard requirements specified in Schedule I for the zone district in which the proposed use is to be located.
C. The Zoning Board of Appeals shall determine that the street on which the funeral home is proposed is capable of carrying the volume of traffic likely to be generated by the proposed use. To the extent practical, funeral homes should be located such that traffic associated with this land use does not flow through adjacent residential neighborhoods.
D. Off-street parking shall be provided as required in Schedule II of this chapter. All off-street parking shall be illuminated, adequately screened from adjacent residential sites and available for use by visitors and employees.
E. In addition to the off-street parking required for visitors and guests, each funeral home site shall have a separate area for employee parking.
F. Each off-street parking area shall be designed so as to accommodate the assembly of vehicles to be used in a funeral procession. This assembly area shall be provided in addition to the required space for off-street parking. Each assembly area shall contain a minimum of 1,200 square feet.
G. A caretaker's residence may be provided within the main building of the funeral parlor.
H. Loading and unloading areas used by ambulances, hearses or other such service vehicles shall be screened from adjacent residential uses with a wall or densely planted shrubs of six feet in height.

Garages

GARAGE, PRIVATE
An accessory building which provides for the storage of motor vehicles or household items by the occupants on the lot on which it is erected, with no provision for repairing or servicing such vehicles for profit.

Garden and nursery sales

Gasoline dispensing stations

FILLING STATION
A building or lot or part thereof supplying and selling gasoline or other equivalent fuel for motor vehicles at retail direct from pumps and storage tanks. A filling station may include accessory facilities for rendering service for motor vehicles, such as lubricating, washing and minor repairs.

Golf courses (Special Permitted Use)

Districts Where Allowed Districts Permitted by Special Use Permits: AC, MD, RR

Vehicle Parking:
1 parking space for each 200 square feet of floor area occupied by all principal and accessory structures, except those used for parking purposes.
See § 165-125: Off-street parking regulations for more detailed information on parking.

Development Requirements:

The Zoning Board of Appeals may approve a permit for a public or private golf course, excluding indoor recreation facilities, within the AC Agricultural Conservation, RR Rural Residential and MD Medium Density Residential Districts, provided that the following standards and conditions are maintained:

A. The minimum lot size shall be 50 acres for a nine-hole course or for an "Executive Par 3" course.
B. The minimum lot size shall be 100 acres for an eighteen-hole course.
C. A golf driving range may be permitted as an accessory use to a golf course. The driving range shall not be operated as a separate use.
D. The golf course shall be designed to minimize stray golf shots from crossing onto private properties or public rights-of-way. An open buffer area of not less than 20 feet in depth shall be provided along the boundaries of the golf course property. This open area shall contain natural growth or vegetation as well as small signs identifying the property.
E. A restaurant serving alcoholic beverages may be permitted as an accessory use to a golf course.
F. Any seasonal use of the golf course for such activities as cross country skiing or snow mobile trails shall be subject to Zoning Board of Appeals approval. The operator shall submit a proposed site plan to the Planning Board delineating the locations proposed for such activities.

AC, RR and MD Districts:
This use is permitted as a special permitted use and excludes indoor recreation facilities.

Golf driving ranges (Special Permitted Use)

Districts Where Allowed Districts Permitted by Special Use Permits: AC

Vehicle Parking:
1 parking space for each 200 square feet of floor area occupied by all principal and accessory structures, except those used for parking purposes.
See § 165-125: Off-street parking regulations for more detailed information on parking.

Development Requirements:

The Zoning Board of Appeals may approve a permit for a golf driving range within the AC Agricultural Conservation District, provided that the following standards and conditions are maintained:

A. The minimum lot size for a driving range shall be 25 acres.
B. Golf driving ranges shall have a minimum of 750 feet of frontage on a state highway.
C. The driving range shall be designed to minimize stray golf shots from crossing onto private properties or public rights-of-way. The Zoning Board of Appeals shall determine the adequacy and suitability of the proposed design to accomplish this objective. This shall include, but is not limited to, the type and height of fencing and/or netting to contain golf balls. Such fencing/netting shall be located from the property lines a distance equal to the fall radius of the fence/netting posts plus 10 feet. No advertising sign shall be affixed to the posts, fence or netting.
D. An open buffer area of not less than 50 feet shall be provided along the boundaries of the driving range property. The buffer area may be reduced to 25 feet if the proposed use abuts a nonresidential zoning district. The open area shall contain only natural growth or vegetation.
E. Golf driving ranges shall not be permitted to operate before 7:00 a.m. or after 10:00 p.m.
F. Lighting facilities associated with golf driving ranges shall be installed so as to reflect the light away from all adjoining properties. In no case shall the lighting fixtures be mounted more than 30 feet above the natural grade.
G. No outdoor loudspeaker or broadcasting system shall be permitted.
H. Parking shall be permitted at the rate of two spaces for each position on the driving range.

Greenhouses

Home businesses or professional offices (Special Permitted Use)

HOME BUSINESS
An accessory use conducted within a single-family, occupied dwelling or an attached or detached accessory structure for gainful employment involving the manufacture, provision or sale of goods and services principally on the premises, and which is not included within the definition of "home occupation."

Districts Where Allowed Districts Permitted by Special Use Permits: HD, MD, RR, WF

Vehicle Parking:
3 parking spaces for client use plus 1 parking space for each nonresident employee, in addition to the off-street parking spaces required for the dwelling.
See § 165-125: Off-street parking regulations for more detailed information on parking.

Development Requirements:

The Board of Appeals may approve a special permit for home businesses within the AC Agriculture Conservation, RR Rural Residential, MD Medium Density Residential, HD High Density and WF Waterfront Residential Districts, according to the requirements of Article IX: Special Permitted Uses of this chapter provided that the following standards and conditions are maintained:

A. Intent. The purpose of this section is to provide opportunities for economic advancement among residents of the Town and to protect the character of residential and agricultural areas of the Town. Businesses established pursuant to this section are expected to blend in with the existing character of the area in which they are located.
B. Type of business. A variety of commercial and manufacturing uses may be permitted, provided that the requirements of this section are met. The home business shall not involve any operation considered to be hazardous.
C. Neighborhood character. The appearance of the structure shall not be altered, and the business shall not be conducted in a manner that would cause the premises to differ from its existing neighborhood character either by the use of colors, materials, construction, lighting or the emission of sounds, noises or vibrations. No lights or noise from the home business shall be noticeable at any time from any public street or neighboring property.
D. Operation and employees.

(1) The operator of the home business shall reside in the single-family dwelling located on the same lot as the home business.
(2) No more than one person, other than members of the family occupying such dwelling, shall be employed in such home business at any one time.

E. Floor area.

(1) No more than 15% of the gross floor area of a dwelling shall be used for the conduct of a home business, up to a maximum of 500 square feet, provided that the portion of the dwelling used for residential purposes shall comply with all applicable laws and codes.
(2) The entire gross floor area of no more than one detached accessory structure may also be permitted for use of a home business, in addition to space within the dwelling.

F. Outdoor storage of equipment and materials. In the MD, HD and WF Districts, no outside storage of materials used in the home business shall be permitted. In the AC and RR Districts, any outside storage shall be adequately screened from view from public streets and neighboring property. Such screening may consist of vegetation, fencing or a combination. Fencing shall comply with § 165-128: Fence regulations.
G. Outdoor display of goods. No outdoor display of goods shall be permitted.
H. Signage. One sign shall be permitted to identify a home-based business. No sign shall have more than two printed sides. All signs shall comply with Article XIV: Sign Regulations.
I. Commercial vehicles. In the AC, RR and MD Districts, no more than two commercial vehicles may be used in connection with the home business. In the HD and WF Districts, no more than one commercial vehicle may be used in connection with the home business. Such vehicles may be parked outside and shall comply with § 165-82O.
J. Hours of operation. The home-based business shall be conducted in such a manner that all the clients, customers and others coming to do business at the site of the home business shall arrive and depart between the hours of 7:00 a.m. and 9:00 p.m., Monday through Saturday, and 12:00 noon through 5:00 p.m. on Sunday.
K. Number of home-based businesses permitted. More than one home-based business may be permitted for each residential property, provided that the combined impact of such home businesses does not exceed any of the thresholds established by this section. A separate permit is required for each home-based business.
L. Parking. Sufficient off-street parking shall be provided for the home business as specified in Schedule II and Article XVI: Parking, Loading, Access, Fences and Swimming Pool Regulations. Such parking shall be in addition to the parking required for the dwelling.
M. Setbacks. Any accessory building used in conjunction with the home business shall comply with the setback requirements for the district in which it is located. Off-street parking and loading spaces, as well as outdoor storage, shall use the same setback requirements as accessory buildings. Such uses are not subject to § 165-87A, side and rear yard setback reductions.
N. Application.

(1) Application for a special permit shall be submitted along with a survey map denoting all areas to be used as parking, turnarounds, screening and construction details. The fee permit will be set by the Town Board.
(2) The Code Enforcement Officer (CEO) shall inspect all areas of the structure and property to be used In conjunction with the home business prior to approval and Issuance of the home-based business permit. Such inspection shall focus on, but not be limited to, accessibility, exiting, lighting, ventilation, firesafety and any other aspects that may apply to the proposed operation. The business shall be subject to periodic inspections by the CEO as long as the business is in operation.

Home improvement stores

Home occupations or professional offices

HOME OCCUPATION
Any occupation or profession, including family home day care, conducted entirely within a dwelling or a building accessory to the dwelling by the inhabitants thereof, and not more than one nonresident, which is clearly incidental and secondary to the use of the dwelling for residential purposes, does not change the character thereof. Except for family home day care, a home occupation for the purpose of these regulations shall not involve client or customer visits to the home.

Districts Where Allowed Districts Permitted as an Accessory Use: AC, HD, MD, RR, WF

Vehicle Parking:
3 parking spaces for client use plus 1 parking space for each nonresident employee, in addition to the off-street parking spaces required for the dwelling.
See § 165-125: Off-street parking regulations for more detailed information on parking.

Development Requirements:

AC District:
Home occupations, as defined herein, conducted by the resident only, provided that there is no external evidence of such operations, except one sign not exceeding two square feet in area.

RR, MD, HD and WF Districts:
Customary home occupations or professional offices conducted by the resident only, provided that there is no external evidence of such occupations, except one sign not exceeding two square feet in area.

Home stores

Hospitals, convalescent homes and homes for the aged (Special Permitted Use)

Districts Where Allowed Districts Permitted by Special Use Permits: GC, HC, HD, MD, PD-SR, RR

Vehicle Parking:
1 parking space for each 3 beds plus 1 parking space for every 2 employees and members of the staff in the largest working shift.
Notwithstanding the provisions of other sections of this chapter, off-street parking which serves nursing homes, retirement homes, housing for the elderly and other similar uses predominantly serving senior citizens shall be no further than 150 feet from the building it serves.
Required parking space for employees refers to the maximum number of employees working on the site any one time.
See § 165-125: Off-street parking regulations for more detailed information on parking.

Development Requirements:

The Zoning Board of Appeals may approve a permit for a hospital, convalescent home, home for the aged, nursing home or proprietary care facility within the RR Rural Residential, MD Medium Density Residential, HD High Density Residential, HC Highway Commercial and the GC General Commercial Districts, provided that the following standards and conditions are maintained:

A. The applicant has obtained all of the requisite governmental approvals to operate the proposed facility.
B. The minimum lot area shall be three acres.
C. The proposed use shall meet the minimum area and yard requirements specified in Schedule I for the zone district in which the use is to be located.
D. The number of off-street parking spaces shall be provided as set forth in Schedule II of this chapter. At no time shall on-street parking be permitted to occur as the result of a special permitted use permit.
E. All off-street parking spaces shall be located in the side or rear yard portion of the site. All off-street parking areas shall be lighted, landscaped and buffered from any adjacent residential site.

Keeping of horses and other animals

ANIMAL FARM
The keeping of more than three same kind animals more than four months old for either commercial or noncommercial purposes, including but not limited to poultry, cattle and horses.

Laboratories engaged in research, testing and experimental work

Laundromats, or other self-service laundry facilities

LAUNDROMAT
A building premises equipped with individual clothes-washing machines for the use of retail customers, exclusive of laundry facilities provided as an accessory in an apartment house or an apartment hotel.

Libraries, public (Special Permitted Use)

Districts Where Allowed Districts Permitted by Special Use Permits: RR

Vehicle Parking:
If any proposed use is not specifically identified in Schedule II, Off-Street Parking Spaces Required, the requirements for off-street parking facilities shall be determined by the Planning Board.
See § 165-125: Off-street parking regulations for detailed information on parking.

Development Requirements:

The Zoning Board of Appeals may approve a permit for public or parochial school, public library or public museum within the RR Rural Residential, the MD Medium Density Residential and the HD High Density Residential Districts, provided that the following standards and conditions are maintained:

A. The minimum land area for a public library or public museum shall be three acres.
B. All off-street parking serving such uses shall be provided as specified in Schedule II of this chapter. Said parking shall be located in the side or rear portions of the site. Each off-street parking area shall be illuminated, landscaped and buffered from any adjacent residential site.
C. All outdoor recreation areas shall be maintained in the rear and/or side yard areas. Where such facilities are to be located adjacent to a residential site, berms with landscaped plantings shall be installed along the borders to mitigate the effects of noise on the adjacent residential sites.
D. Busing operations, including dropping off or picking up children and the possible need for a school bus garage facility, shall be considered as part of the review of the site plan by the Planning Board. In the review of said site plan, the Planning Board shall attempt to mitigate the impact of such operations from the balance of the site and from any adjacent residential sites.
E. All such special permitted uses shall be handicapped accessible and designed to meet the requirements of the Americans with Disabilities Act.

Machine shop operations

Manufacture of electronic or optical instruments or devices

Districts Where Allowed Districts Permitted by Right: LI

Vehicle Parking:
1 parking space for each employee, plus 1 parking space for each 1,000 square feet of gross floor area in the building for use by guests or visitors.
Required parking space for employees refers to the maximum number of employees working on the site any one time.
See § 165-125: Off-street parking regulations for more detailed information on parking.

Development Requirements:

This use is permitted as a principal use providing that all necessary safeguards are employed to prevent hazard and annoyance to the community.

Manufacture of paper products including packaging materials, office and household paper supplies, and stationery

Districts Where Allowed Districts Permitted by Right: LI

Vehicle Parking:
1 parking space for each employee, plus 1 parking space for each 1,000 square feet of gross floor area in the building for use by guests or visitors.
Required parking space for employees refers to the maximum number of employees working on the site any one time.
See § 165-125: Off-street parking regulations for more detailed information on parking.

Development Requirements:

This use includes packaging materials, office and household paper supplies, and stationery.

Manufacture of precision tools

Manufacture, assembly or packaging of products from previously prepared materials

Districts Where Allowed Districts Permitted by Right: LI

Vehicle Parking:
If any proposed use is not specifically identified in Schedule II, Off-Street Parking Spaces Required, the requirements for off-street parking facilities shall be determined by the Planning Board.
See § 165-125: Off-street parking regulations for detailed information on parking.

Development Requirements:

This use is permitted as a principal use in this district and includes materials such as cloth, plastic, leather and metals produced elsewhere.

Manufacture, compounding, assembling and/or treatment of articles or merchandise from previously prepared materials

Districts Where Allowed Districts Permitted by Right: LI

Vehicle Parking:
1 parking space for each employee, plus 1 parking space for each 1,000 square feet of gross floor area in the building for use by guests or visitors.
Required parking space for employees refers to the maximum number of employees working on the site any one time.
See § 165-125: Off-street parking regulations for more detailed information on parking.

Development Requirements:

This use is permitted as a principal use providing that no chemical process is involved in the manufacturing process.

Manufacture, compounding, processing and storage

Districts Where Allowed Districts Permitted by Right: LI

Vehicle Parking:
1 parking space for each employee, plus 1 parking space for each 1,000 square feet of gross floor area in the building for use by guests or visitors.
Required parking space for employees refers to the maximum number of employees working on the site any one time.
See § 165-125: Off-street parking regulations for more detailed information on parking.

Development Requirements:

This use is permitted as a principal use in this district and includes products such as candy and confections, frozen foods, cosmetics, pharmaceutical products, toiletries and food products.

Membership clubs, lodges or social centers (Special Permitted Use)

CLUB
An organization catering exclusively to members and their guests, including premises and buildings for recreational or athletic purposes, which are not conducted primarily for gain, provided that they are not conducting any vending stands, merchandising or commercial activities, except as required generally for the membership and purposes of such club or as permitted by separate ordinance or local law.

Districts Where Allowed Districts Permitted by Special Use Permits: HD, MD, PD-SR, RB

Vehicle Parking:
1 parking space for every 150 square feet of gross floor area.
RB District: Off-street parking may be permitted in the front yard, provided that such parking is set back not less than 25 feet from the front lot line.
See § 165-125: Off-street parking regulations for more detailed information on parking.

Development Requirements:

The Zoning Board of Appeals may approve a permit for membership/social clubs, lodges or social centers within the MD Medium Density Residential, the HD High Density Residential and the RB Restricted Business Districts, provided that the following standards and conditions are maintained:

A. The minimum lot size shall be two acres.
B. The number of off-street parking spaces shall be provided as set forth in Schedule II of this chapter. At no time shall on-street parking be permitted to occur as the result of a special permitted use permit.
C. All off-street parking spaces shall be located in the side or rear yard portion of the site. All off-street parking areas shall be lighted, landscaped and buffered from any adjacent residential site.
D. All activities associated with this special permitted use permit shall be required to be conducted from inside the structure.
E. The Zoning Board of Appeals may establish the hours of operation for such special permitted use as part of the approval of the request.
F. This special permitted use shall only serve or accommodate members and their guests.
G. Any retail sales of goods or the personal services provided in conjunction with this use shall only be for the benefit of members and their guests and such use shall be incidental to the primary use or function of the facility.

MD and HD Districts:
This use is permitted as a special permitted use in these districts. Except those whose activity is a service customarily carried on as a business and primarily for gain.

Mining, excavations or land filling

EXCAVATION
The process of the removal or stockpiling of sand, gravel, soil (including topsoil) or other natural deposits by stripping, digging or other means.

Districts Where Allowed Districts Permitted by Special Use Permits: RR

Vehicle Parking:
1 parking space for each employee, plus 1 parking space for each 1,000 square feet of gross floor area in the building for use by guests or visitors.
Required parking space for employees refers to the maximum number of employees working on the site any one time.
See § 165-125: Off-street parking regulations for more detailed information on parking.

Development Requirements:

Standards for site design and operation.

A. The active disturbed area which has not been restored shall, at all times, be limited to the minimal acreage necessary to economically conduct the excavation operation.
B. All structures and appurtenant activities shall conform to the setback requirements of this chapter except that sedimentation ponds may be located within the setback area if the applicant demonstrates that the topography necessitates such a location and also demonstrates that, where appropriate, sufficient safeguards such as a buffer will be provided for the protection of neighboring residents.
C. Access roads and parking.

(1) All access roads shall be designed to take advantage of buffers and to include curbs or other features to screen, as much as feasible, excavation and appurtenant activities from public view. The junction of access roads and public roads shall be at an angle of not more than 10° deviation from a right angle.
(2) The first 200 feet of access to the excavation site adjoining a public road shall be paved.
(3) Sufficient off-street parking shall be provided for company employees and visiting vehicles. The parking of any vehicles on a public right-of-way or the parking of vehicles so as to impede traffic or create a traffic hazard shall be prima facie evidence of failure to provide adequate parking.

D. Preservation of natural features.

(1) Topsoil. All topsoil shall be stripped from the active excavation area and stockpiled for use in accordance with the restoration plan. Such stockpiles shall be seeded, covered or otherwise treated to minimize the effects of erosion by wind or water upon public roads, streams or other water bodies or adjacent property. This provision shall apply to all excavations except those for topsoil removal, in which case the provision shall apply for only that topsoil which has been stripped for use in the restoration plan.
(2) Landscape. Existing hills, trees and ground cover fronting along public roads or adjacent property shall be preserved, maintained or supplemented by selective cutting, transplanting and the addition of new trees, shrubs and other ground cover for the purpose of providing a buffer. If the existing topography and vegetation do not lend themselves to such treatment, the operation shall take into consideration the potential of grading back overburden around the perimeter of the excavation site to create a berm for the purpose of providing a buffer, provided that the berm is properly landscaped with trees, shrubs or other ground cover.
(3) No excavation shall be allowed closer than 50 feet to a river, stream, lake or other natural water body. Soil erosion, sedimentation and ground water seepage shall be controlled so as to prevent any negative effects on bodies of water, public roads and neighboring properties.

Standards for restoration.

A. Where topsoil existed prior to excavation, it shall be respread over the excavated area to a minimum depth of six inches.
B. The restoration area shall be planted with trees, shrubs, grass or other vegetation so as to provide for screening, natural beauty and soil stability. The planting shall follow acceptable conservation practices.
C. Restoration shall be undertaken in such a way that natural and storm drainage, where it enters and leaves the premises, shall be altered only to the minimal degree necessary to carry out excavation and appurtenant activities. Any alterations of natural and storm drainage shall not adversely affect public roads or neighboring property owners.
D. Restoration shall be a continuous operation, subject to review and approval at each semiannual inspection and at the termination of the permit period. Topsoil grading and planting of the area designated for restoration during the special permit period shall have been completed before a permit renewal is granted.
E. Within six months after termination of excavation operations, all equipment, buildings, structures and other unsightly evidence of the operation shall have been removed from the premises or disposed of by approved methods, and all restoration shall have been completed.

Preexisting uses.
Any use of any building, structure or premises for excavation or appurtenant activities now lawfully in existence may be continued for a period of six months from the effective date of this chapter, after which time no further excavation, appurtenant or restoration activities may take place except in accordance with the terms and conditions of a special permit therefor issued by the Town Board. Any special permits issued for continuance of existing excavation activities shall be guided by the same standards as permits for new excavation activities, except that consideration shall be given to circumstances already existing insofar as literal enforcement of the standards herein may be more stringently applied to an existing activity than they would be if such activity were new.

Motels or hotels

MOTEL
A building or buildings containing sleeping units for transient guests and providing accessory off-street parking facilities; and which may include restaurant facilities, and a dwelling unit for a bona fide caretaker or operator. The term motel includes: hotels, auto courts, motor lodges and similar terms. Each sleeping unit shall contain not less than 240 square feet of living space.

Motor vehicle service and repair

MOTOR VEHICLE SERVICE STATION
Any building, structure or land used to disperse, sell or offer motor vehicle fuels, oils or accessories, including lubrication, washing, polishing or cleaning and the replacement or installation of parts and accessories to motor vehicles, vans or trucks not exceeding 1-1/2 tons.

Districts Where Allowed Districts Permitted by Right: HC

Vehicle Parking:
1 parking space for every 100 square feet of gross floor area or fraction thereof.
HC District: Off-street parking may be permitted in the front yard, provided that such parking is set back not less than 25 feet from the front lot line.
See § 165-125: Off-street parking regulations for more detailed information on parking.

Development Requirements:

The Zoning Board of Appeals may approve a permit for establishments that sell or service new or used cars, trucks, motorcycles, recreational vehicles and lawn or farm equipment in the HC Highway Commercial District, provided that the following standards and provisions are maintained:

A. Sales of such vehicles or equipment shall be conducted in a fully enclosed building located on the same lot, and having a building area of not less than 1,000 square feet devoted to the sales and servicing of such vehicles and equipment.

B. Accessory to such building, the sale of such vehicles and equipment may be carried on in an unenclosed area, provided that:

(1) Such area is on the same or an adjacent lot to such building. If the enclosed area is on an adjacent lot, the lot shall be not more than 200 feet from the lot with the building and shall further be in the same ownership as said building; be in the HC Highway Commercial District; and be used for no other purpose.
(2) Such unenclosed area shall be paved and suitably drained subject to requirements established by the Zoning Board of Appeals, and by the Planning Board during site plan review. Such areas shall be maintained in a neat and orderly manner and in good order and condition.
(3) All exterior illumination shall be approved by the Planning Board during site plan review, and shall be shielded to reduce the glare that may negatively impact on surrounding properties and streets.
(4) The Planning Board, during site plan review, shall review and approve the amount and location of landscaping and buffer screening to be provided, consistent with conditions of the Zoning Board of Appeals approval of the special permitted use permit.

C. No establishment for the sale of such vehicles and equipment shall be opened, conducted or maintained except as provided herein. None of the provisions of this section, however, shall be deemed to prohibit the continuance of the present use of any property for the sale of such vehicles and equipment, provided that any change in the nature of said use shall be the subject to the provisions of this section. Plans for any changes required to bring about such conformance shall be submitted to and approved by the Zoning Board of Appeals before any such change shall be made. The Zoning Board of Appeals may approve, modify or disapprove such plans and may impose reasonable and appropriate conditions to such approval so that the spirit of this chapter shall be observed.

D. A minimum area of 200 square feet shall be provided on the lot for each motor vehicle displayed, parked or stored in any unenclosed area. Each motor vehicle stored or displayed therein shall be placed or parked parallel to each other facing in the same direction toward the street upon which such lot fronts and such motor vehicles shall be arranged in an orderly manner in such spaces.

HC District:
This use is permitted as a principal use in this district providing that any lubrication or repair facilities shall be located within wholly enclosed structures.

Motor vehicles (new or used) sales and services (Special Permitted Use)

MOTOR VEHICLE OR MOBILE HOME SALES
An open area, other than a street, used for the display, sale, lease or rental of new or used motor vehicles or mobile homes in operable condition and where no repair work is done.

Districts Where Allowed Districts Permitted by Special Use Permits: HC

Vehicle Parking:
1 parking space for customer parking for every 300 square feet of gross floor area or fraction thereof. In no case, however, shall a motor vehicle sales establishment provide less than 10 off-street parking spaces exclusively for customer use.
HC District: Off-street parking may be permitted in the front yard, provided that such parking is set back not less than 25 feet from the front lot line.
See § 165-125: Off-street parking regulations for more detailed information on parking.

Development Requirements:

The Zoning Board of Appeals may approve a permit for establishments that sell or service new or used cars, trucks, motorcycles, recreational vehicles and lawn or farm equipment in the HC Highway Commercial District, provided that the following standards and provisions are maintained:

A. Sales of such vehicles or equipment shall be conducted in a fully enclosed building located on the same lot, and having a building area of not less than 1,000 square feet devoted to the sales and servicing of such vehicles and equipment.
B. Accessory to such building, the sale of such vehicles and equipment may be carried on in an unenclosed area, provided that:

(1) Such area is on the same or an adjacent lot to such building. If the enclosed area is on an adjacent lot, the lot shall be not more than 200 feet from the lot with the building and shall further be in the same ownership as said building; be in the HC Highway Commercial District; and be used for no other purpose.
(2) Such unenclosed area shall be paved and suitably drained subject to requirements established by the Zoning Board of Appeals, and by the Planning Board during site plan review. Such areas shall be maintained in a neat and orderly manner and in good order and condition.
(3) All exterior illumination shall be approved by the Planning Board during site plan review, and shall be shielded to reduce the glare that may negatively impact on surrounding properties and streets.
(4) The Planning Board, during site plan review, shall review and approve the amount and location of landscaping and buffer screening to be provided, consistent with conditions of the Zoning Board of Appeals approval of the special permitted use permit.

C. No establishment for the sale of such vehicles and equipment shall be opened, conducted or maintained except as provided herein. None of the provisions of this section, however, shall be deemed to prohibit the continuance of the present use of any property for the sale of such vehicles and equipment, provided that any change in the nature of said use shall be the subject to the provisions of this section. Plans for any changes required to bring about such conformance shall be submitted to and approved by the Zoning Board of Appeals before any such change shall be made. The Zoning Board of Appeals may approve, modify or disapprove such plans and may impose reasonable and appropriate conditions to such approval so that the spirit of this chapter shall be observed.
D. A minimum area of 200 square feet shall be provided on the lot for each motor vehicle displayed, parked or stored in any unenclosed area. Each motor vehicle stored or displayed therein shall be placed or parked parallel to each other facing in the same direction toward the street upon which such lot fronts and such motor vehicles shall be arranged in an orderly manner in such spaces.

E. Additional requirements for the Highway Commercial (HC) District.

(1) Site plan approval shall be secured from the Planning Board as required in Article XIII: Site Plan Regulations of this chapter.
(2) Highway Commercial (HC) District development shall be subject to:

(a) Securing final site plan and/or subdivision plan approval; and
(b) Compliance with all additional conditions and requirements for special permitted uses as may be set forth by the Zoning Board of Appeals in its resolution authorizing such uses.

(3) Parking, loading, access, buffer and site requirements shall be as provided in Article XVI: Parking, Loading, Access, Fences and Swimming Pool Regulations of this chapter.
(4) Signs are permitted as listed and further regulated in Article XIV: Sign Regulations of this chapter.
(5) The outside display or storage of vehicles, materials or equipment on a lot abutting a residential district shall be visually screened from the residential district.
(6) No outside storage of any junked or dismantled vehicles or equipment, waste materials, or materials accumulated for reclamation or recycle shall be permitted.
(7) Joint access with contiguous parcels shall be encouraged. Access points to public highways shall be spaced no closer than 100 feet, edge to edge.
(8) Wherever possible, entrances and exits shall be aligned with the center lines of existing intersecting public rights-of-way. If such alignment is not possible, accessways shall be offset not less than 100 feet from the closest edge of a street intersection.

HC District:
This use is permitted as a special permitted use in this district and includes new or used cars, trucks, motorcycles, recreational vehicles, boats, trailers, lawn or farm equipment sales, including related display, repair or services facilities.

Multiple-garage rental units

Museums, historical

Museums, public (Special Permitted Use)

Districts Where Allowed Districts Permitted by Special Use Permits: RR

Vehicle Parking:
If any proposed use is not specifically identified in Schedule II, Off-Street Parking Spaces Required, the requirements for off-street parking facilities shall be determined by the Planning Board.
See § 165-125: Off-street parking regulations for detailed information on parking.

Development Requirements:

The Zoning Board of Appeals may approve a permit for public or parochial school, public library or public museum within the RR Rural Residential, the MD Medium Density Residential and the HD High Density Residential Districts, provided that the following standards and conditions are maintained:

A. The minimum land area for a public library or public museum shall be three acres.
B. All off-street parking serving such uses shall be provided as specified in Schedule II of this chapter. Said parking shall be located in the side or rear portions of the site. Each off-street parking area shall be illuminated, landscaped and buffered from any adjacent residential site.
C. All outdoor recreation areas shall be maintained in the rear and/or side yard areas. Where such facilities are to be located adjacent to a residential site, berms with landscaped plantings shall be installed along the borders to mitigate the effects of noise on the adjacent residential sites.
D. Busing operations, including dropping off or picking up children and the possible need for a school bus garage facility, shall be considered as part of the review of the site plan by the Planning Board. In the review of said site plan, the Planning Board shall attempt to mitigate the impact of such operations from the balance of the site and from any adjacent residential sites.
E. All such special permitted uses shall be handicapped accessible and designed to meet the requirements of the Americans with Disabilities Act.

Nonprofit social centers (Special Permitted Use)

CLUB
An organization catering exclusively to members and their guests, including premises and buildings for recreational or athletic purposes, which are not conducted primarily for gain, provided that they are not conducting any vending stands, merchandising or commercial activities, except as required generally for the membership and purposes of such club or as permitted by separate ordinance or local law.

Districts Where Allowed Districts Permitted by Special Use Permits: HD, MD, RB

Vehicle Parking:
1 parking space for every 150 square feet of gross floor area.
RB District: Off-street parking may be permitted in the front yard, provided that such parking is set back not less than 25 feet from the front lot line.
See § 165-125: Off-street parking regulations for more detailed information on parking.

Development Requirements:

The Zoning Board of Appeals may approve a permit for nonprofit social centers for charitable, cultural or community purposes within the MD Medium Density Residential, HD High Density Residential and the RB Restricted Business Districts, provided that the following standards and conditions are maintained:

A. The minimum lot size shall be two acres.
B. The proposed use shall comply with the minimum lot size and yard requirements specified in Schedule I for the zone district in which the proposed use is to be located.
C. The number of off-street parking spaces shall be provided as set forth in Schedule II of this chapter. At no time shall on-street parking be permitted to occur as the result of a special permitted use permit.
D. All off-street parking spaces shall be located in the side or rear yard portion of the site. All off-street parking areas shall be lighted, landscaped and buffered from any adjacent residential site.
E. All activities associated with this special permitted use permit shall be conducted from inside the structure.
F. The Zoning Board of Appeals may establish the hours of operation for such special permitted use as part of the approval of the request.

MD RB and HD Districts:
This use is permitted as a special permitted use in these districts and is used for charitable, cultural or community purposes.

Nursing homes or proprietary care facilities

NURSING CARE HOME
Any place or institution for the aged, infirm, senile, chronic or convalescent, established to render, for compensation, domiciliary care, custody, treatment and/or lodging of two or more persons who require or receive special diet; assistance in feeding, dressing, walking, administering medicines or carrying out the treatment of a doctor licensed by the State of New York in any other ordinary daily activities of life; or are confined to a bed or a chair. This item does not include institutions for the treatment of the mentally ill, hospitals, sanitariums, boardinghouses and the like.

ADULT-CARE FACILITY
A facility which is authorized in accordance with the rules and regulations of the New York State Department of Social Services to provide residential services, supervision and care to adults who do not require continual medical or nursing care from a hospital, health-related facility or nursing home, but who, by reason of limitations associated with age, physical or mental disabilities or other factors, may not be able to live independently.

Districts Where Allowed Districts Permitted by Special Use Permits: GC, HC, HD, MD, PD-SR, RR

Vehicle Parking:
1 parking space for each 3 beds plus 1 parking space for every 2 employees and members of the staff in the largest working shift.
Notwithstanding the provisions of other sections of this chapter, off-street parking which serves nursing homes, retirement homes, housing for the elderly and other similar uses predominantly serving senior citizens shall be no further than 150 feet from the building it serves.
Required parking space for employees refers to the maximum number of employees working on the site any one time.
See § 165-125: Off-street parking regulations for more detailed information on parking.

Development Requirements:

The Zoning Board of Appeals may approve a permit for a hospital, convalescent home, home for the aged, nursing home or proprietary care facility within the RR Rural Residential, MD Medium Density Residential, HD High Density Residential, HC Highway Commercial and the GC General Commercial Districts, provided that the following standards and conditions are maintained:

A. The applicant has obtained all of the requisite governmental approvals to operate the proposed facility.
B. The minimum lot area shall be three acres.
C. The proposed use shall meet the minimum area and yard requirements specified in Schedule I for the zone district in which the use is to be located.
D. The number of off-street parking spaces shall be provided as set forth in Schedule II of this chapter. At no time shall on-street parking be permitted to occur as the result of a special permitted use permit.
E. All off-street parking spaces shall be located in the side or rear yard portion of the site. All off-street parking areas shall be lighted, landscaped and buffered from any adjacent residential site.

Office buildings of administrative, business, professional or executive positions (Special Permitted Use)

OFFICE BUILDING
A building in which office use comprises more than 50% of the total floor area. This compares with home occupations, where offices are considered a secondary or incidental use.

PROFESSIONAL AND BUSINESS OFFICES
Including, but not limited to, the following services: planner, architect, landscape architect, doctor, dentist, insurance agency, lawyer, engineer, accountant and realtor.

Districts Where Allowed Districts Permitted by Right: GC, HC, RB Districts Permitted by Special Use Permits: LI, PD-SR

Vehicle Parking:
1 parking space for every 150 square feet of gross floor area or major fraction thereof.
RB District and HC District: Off-street parking may be permitted in the front yard, provided that such parking is set back not less than 25 feet from the front lot line.
See § 165-125: Off-street parking regulations for more detailed information on parking.

Development Requirements:

This use is permitted as a principal use in this district and includes offices of planners, architects, engineers, accountants, real estate brokers, insurance agents, financial planners, lawyers, travel agents, or manufacturer's representatives.

Offices and clinics of New York State licensed health care professions

Districts Where Allowed Districts Permitted by Right: GC, HC, PD-SR, RB

Vehicle Parking:
1 parking space for every 150 square feet of gross floor area or major fraction thereof.
RB District and HC District: Off-street parking may be permitted in the front yard, provided that such parking is set back not less than 25 feet from the front lot line.
See § 165-125: Off-street parking regulations for more detailed information on parking.

Development Requirements:

This use is permitted as a principal use in this district and includes offices and clinics of New York State licensed health-care professions including but not limited to dentists, chiropractic, optical, physicians, veterinarians or other health-care professions, excluding overnight occupancy, provided that there are not more than four professionals per office or clinic.

Offices for public service utility companies

Offices of executive or professional staff, other types of

Outside storage for display purposes

Packaged liquor or bulk refreshment-drink sales only stores

Parking areas

PARKING AREA, PRIVATE
An area for the same use as a private garage and subject to the same conditions.

PARKING AREA, PUBLIC
An area, other than a street or other public way, used for the parking of motor vehicles and available to the public.

Parks and playground facilities

Personal service shops

Pharmacies

Districts Where Allowed Districts Permitted by Right: GC, HC Districts Permitted as an Accessory Use: PD-SR, RB

Vehicle Parking:
If any proposed use is not specifically identified in Schedule II, Off-Street Parking Spaces Required, the requirements for off-street parking facilities shall be determined by the Planning Board.
See § 165-125: Off-street parking regulations for detailed information on parking.

Development Requirements:

This use is permitted as an accessory use in this district when included within a medical services building.

Portable on-demand storage structures

PORTABLE ON-DEMAND STORAGE STRUCTURES
Any container, storage unit, shed-like container or other portable structure that can or is used for the storage of personal property of any kind and which is located outside an enclosed building and which is not part of a motor vehicle.

Districts Where Allowed Districts Permitted as an Accessory Use: GC, HC, LI

Development Requirements:

This use is permitted as an accessory use in this district and allows up to two individual storage units on the property for a period of up to one year as a means for temporary storage.

Storage units are required to be located in the side or rear yard and are subject to the setback requirements for the zoning district that they are located in.

After the storage units have been removed for a period of at least one year, the owner/tenant may make a new application.

A permit is required for each storage unit.

Printing, publishing and bookbinding

Public utility substations

Recreation facilities, commercial, enclosed

Districts Where Allowed Districts Permitted by Right: GC, HC

Vehicle Parking:
If any proposed use is not specifically identified in Schedule II, Off-Street Parking Spaces Required, the requirements for off-street parking facilities shall be determined by the Planning Board.
See § 165-125: Off-street parking regulations for detailed information on parking.

Development Requirements:

This use is permitted as a principal use in this district and includes bowling alleys, theaters, vending or video games, skating rinks or ball courts.

Recreation use, commercial

Recreational vehicles, seasonal storage of

RECREATIONAL VEHICLE
A vehicle which is:

A. Built on a single chassis;
B. Four hundred square feet or less when measured at the largest horizontal projections;
C. Designed to be self-propelled or permanently towable by an automobile, SUV, or light-duty truck; and
D. Not designed primarily for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.

Districts Where Allowed Districts Permitted as an Accessory Use: AC, HD, MD, RR, WF

Vehicle Parking:
If any proposed use is not specifically identified in Schedule II, Off-Street Parking Spaces Required, the requirements for off-street parking facilities shall be determined by the Planning Board.
See § 165-125: Off-street parking regulations for detailed information on parking.

Development Requirements:

The seasonal storage of this use shall be permitted as an accessory use only if the vehicle is owned by an occupant of the residence.

Residences as an accessory use

Districts Where Allowed Districts Permitted as an Accessory Use: GC, NC, RB

Development Requirements:

Any building in the RB District containing a permitted restricted business use may include a residence as an accessory use, provided that the living unit shall have a minimum area of 800 square feet. Said living unit shall not be on the same floor of the building as the restricted business use.

Any building in the NC District containing a permitted neighborhood commercial use may also include a residence as an accessory use, provided that the living area shall have a minimum area of 800 square feet. Said living unit shall not be on the same floor of the building as the neighborhood commercial use. The building shall meet the minimum requirements specified in the Uniform Code for such mixed occupancies.

Any building in the GC District containing a permitted commercial or business use may include a residence as an accessory use, provided that the living unit shall have a minimum area of 800 square feet and shall not be on the same floor of the building with the commercial use.

Restaurants and taverns, sit-down service

RESTAURANT
Any establishment, however designed, at which food is sold for consumption on the premises to patrons and equipped with seating facilities and where the taking of food and drink from said building is incidental. The term "restaurant" shall include bars and taverns licensed to sell alcoholic beverages for on-premises consumption. However, a snack bar refreshment stand at a public, semipublic or community swimming pool, playground, playfield or park operated by the agency or groups or an approved vendor operating the recreational facilities and for the convenience of the patrons of the facility, shall not be deemed to be a restaurant.

Restaurants, fast-food

RESTAURANT, FAST-FOOD
A restaurant where patrons are not customarily served at tables or sit-down counters; where all or a portion of the food is prepared and wrapped, boxed, bagged or prepackaged or is prepared in a manner in anticipation of customers; and where the customer places an order at a common counter by waiting in line or by being served through a sequential numbering system. Such uses as soft drink parlors, ice cream and/or hot dog stands and the like shall be considered to be in this general classification.

Retail sales, stores and shops

Districts Where Allowed Districts Permitted by Right: GC, HC

Vehicle Parking:
1 parking space for every 150 square feet of gross floor area or major fraction thereof.
See § 165-125: Off-street parking regulations for more detailed information on parking.

Development Requirements:

This use is permitted as a principal use in this district and includes confectionery products, bakeries, florists, grocery stores, craft and hobby centers, clothing and jewelry sales, newsstands, pharmacies, and sundry goods markets.

Sale of farm products

ROADSIDE STAND
Retail outlets, with all related structures for the sale of agricultural products grown on the farm upon which such stand is located.

Districts Where Allowed Districts Permitted as an Accessory Use: AC, HD, MD, RR, WF

Development Requirements:

Farm frontage may be used for the sale of farm products, provided that any temporary or movable stand, table or shelf used for the display or sale of such product shall be at least 25 feet from the nearest edge of the roadway and be moved to the rear yard of the primary structure or, if no primary structure exists on the property, be placed behind the front setback line for principal buildings at the end of the growing season, but no later than December 1 of each year. An open area of at least 1,200 square feet, suitably graded, shall be provided for off-street customer parking and to eliminate traffic hazards. Permanent buildings for such purpose must comply with principal building requirements as to setback and side yards.

Schools, commercial

Schools, public or parochial (Special Permitted Use)

Districts Where Allowed Districts Permitted by Special Use Permits: HD, MD, RR

Vehicle Parking:
4 parking spaces for each classroom or 1 parking space for every 3 seats in the auditorium, whichever is higher.
See § 165-125: Off-street parking regulations for more detailed information on parking.

Development Requirements:

The Zoning Board of Appeals may approve a permit for public or parochial school, public library or public museum within the RR Rural Residential, the MD Medium Density Residential and the HD High Density Residential Districts, provided that the following standards and conditions are maintained:

A. The minimum land area for a public or parochial school shall be 20 acres.
B. The minimum land area for a public library or public museum shall be three acres.
C. Public or parochial schools shall be served by public water and public sewer service.
D. Public or parochial schools shall be located within three miles of an existing fire station.
E. All off-street parking serving such uses shall be provided as specified in Schedule II of this chapter. Said parking shall be located in the side or rear portions of the site. Each off-street parking area shall be illuminated, landscaped and buffered from any adjacent residential site.
F. All outdoor recreation areas shall be maintained in the rear and/or side yard areas. Where such facilities are to be located adjacent to a residential site, berms with landscaped plantings shall be installed along the borders to mitigate the effects of noise on the adjacent residential sites.
G. Busing operations, including dropping off or picking up children and the possible need for a school bus garage facility, shall be considered as part of the review of the site plan by the Planning Board. In the review of said site plan, the Planning Board shall attempt to mitigate the impact of such operations from the balance of the site and from any adjacent residential sites.
H. All such special permitted uses shall be handicapped accessible and designed to meet the requirements of the Americans with Disabilities Act.

Self-service storage facility

SELF-SERVICE STORAGE FACILITY
A use that contains compartmentalized space for lease, rental or sale to businesses or individuals for storage of materials or personal property and allows such businesses or individuals to have access to such space.

Shelter

Shopping centers, plazas

SHOPPING CENTER
A group of stores, shops and similar establishments occupying adjoining structures or two or more commercial buildings located on a single lot or adjacent lots, with such buildings developed as part of a single integrated development with a common architectural design.

Shops for the manufacture or processing of retail business articles

Districts Where Allowed Districts Permitted as an Accessory Use: GC, HC

Vehicle Parking:
1 parking space for each employee, plus 1 parking space for each 1,000 square feet of gross floor area in the building for use by guests or visitors.
See § 165-125: Off-street parking regulations for more detailed information on parking.

Development Requirements:

Shops for the manufacture or processing of articles incidental to the conduct of a retail business lawfully conducted on the premises, provided that:

(a) Such manufacturing activities shall be conducted within a completely enclosed building;
(b) All such articles manufactured or processed are sold at retail on the premises;
(c) Not more than four persons are engaged in such manufacturing or processing at any one time in any one establishment; and
(d) Such activity shall not produce offensive odors, noise, vibration, heat, glare or dust.

Signs

SIGN
Any material, structure or part thereof, or any device attached to a building or structure or painted or represented thereon, composed of lettered or pictorial matter, or upon which lettered or pictorial matter is placed and is intended for display of an advertisement, notice, directional matter or name, and includes sign frames, billboards, sign boards, illuminated signs, pennants, fluttering devices, projecting signs or ground signs.

Districts Where Allowed Districts Permitted as an Accessory Use: AC, GC, HC, HD, HILTON, LI, MD, NC, PD-SR, RB, RR, TH, WF

Development Requirements:

No sign or outdoor advertising of any character shall be permitted in any zone district of the Town of Parma except in conformity with the regulations of this chapter. Signs shall be permitted as listed and further regulated in Article XIV: Sign Regulations of this chapter.

Permit-regulated signs for all districts.
The following permitted signs in the Town of Parma require approval of an application submitted to the Town of Parma Code Enforcement Officer (CEO) according to § 165-114: Application for sign permit of this chapter:

A. Residential and multiresidential districts.

(1) Entrance identification sign.

(a) Two permanent entrance identification signs for each subdivision or multiple-family dwelling development or bulletin board for a community center, church, fire department or other nonprofit organization, provided that:

[1] The structure does not exceed four feet in height at any point above the median ground level.
[2] The area of the structure shall not exceed 40 square feet.
[3] The gross lettering or signage area does not exceed 50% of the total area of the structure.
[4] Setbacks shall be not less than 15 feet from any right-of-way line to any part of the structure.
[5] Appurtenances such as wing walls or planters shall not exceed 50% of the main structure's length on either end.

(b) Each proposal for such identification sign as specified in Subsection A(1)(a) above shall be reviewed and approved by the Planning Board, whether proposed along with site development plans or after development is completed. In reviewing the proposals, the Planning Board shall, in addition to the criteria outlined in Subsection A(1)(a) above, consider the following:

[1] The proposed location does not interfere with pedestrian or vehicular traffic visibility.
[2] The design is of a permanent type of construction such as masonry or pressure treated wood with adequate foundation and horizontal support to withstand wind loads.
[3] Illumination, if provided, is situated such that there is no glare or undue spillover of light.
[4] There is assurance of perpetual maintenance by a homeowners' or tract association, the developer, or an individual lot owner where the sign is located and that such responsibilities are clearly spelled out in the deeds or association bylaws.

(2) One nonilluminated temporary construction sign not exceeding 16 square feet in area for each subdivision. Two such signs shall be permitted on sites in single ownership fronting on two or more streets. Such signs may be installed after approval of the Planning Board of the final subdivision plat or the issuance of a valid building permit. These signs shall be removed within three years after installation.

B. Business, commercial and industrial districts.

(1) All signs allowed in residential and multiresidential districts.
(2) Each business enterprise shall be permitted one business sign placed flat against the building wall for each street on which the business fronts; such sign shall not exceed 11/2 square feet of sign area for each lineal foot of business frontage occupied, or 20% of the wall surface to which it is attached or applied. In no case, however, shall such wall sign exceed a total area of 150 square feet. A business on multibuilding levels may use the level with greatest frontage for calculations but more than one level shall not extend more than 12 inches from the flat surface and shall not have a sign-height dimension greater than four feet. No sign attached to the building shall extend above the top line of the wall to which it is attached; such sign may be illuminated.
(3) On those sides of a building not facing the street, signs as determined in size and location, in Subsection B(2), placed flat against the building, shall be further limited in size not to exceed 32 square feet total sign area.
(4) In lieu of permitted signage area for signs placed flat against the building, as provided for in Subsection B(2) of this section, each business located on an individual lot may have one, but not both, of the following signs, provided that the total sign area does not exceed the requirements of Subsection B(2):

(a) One permanent projecting sign not exceeding 16 square feet in area.
(b) One permanent freestanding sign not exceeding 32 square feet in area.

(5) In addition to permitted sign areas for individual businesses, one freestanding sign, identifying the name and/or address of a shopping center, office complex or industrial park, may be permitted. Such freestanding sign shall not exceed 100 square feet in area and 16 feet in height above the ground. Such sign shall not contain the names of the individual businesses within the shopping center. Said freestanding sign may be illuminated.
(6) Signs shall be illuminated only at such times as said uses are open for business.
(7) Directional signs, not exceeding one foot square in area, indicating rest rooms or public telephones.
(8) Any permanent lettering or affixed window sign shall be included as part of the total signage allowed for said business.
(9) Temporary window signs advertising specials, sales and special events shall not exceed more than 75% of the total window area. Such signs may be displayed for a time period not to exceed 30 days.
(10) In a shopping center, office complex or industrial park, one directory sign at a single location therein shall be permitted. Such sign shall not exceed 12 square feet for each acre of land in such commercial area or industrial park provided that no such sign shall exceed 64 square feet in area. In addition, at each point of entrance and exit for vehicular traffic into such multiple commercial use facility or industrial park, one other directory sign shall be permitted which does not exceed two square feet for each acre of land in such shopping center, office complex or industrial park. Such signs shall not exceed a total area of 12 square feet. Directory signs shall contain identification of and direction to several business enterprises, but shall contain no promotional advertising.
(11) One illuminated temporary sign not to exceed 32 square feet in size which advertises the sale, rental or lease of the premises upon which it is located. Such sign shall be no more than five feet in height above the ground. "Sold" signs shall be removed within 10 days after the premises advertised has been sold, rented or leased.

Storage barn or utility shed

Districts Where Allowed Districts Permitted as an Accessory Use: AC, HD, MD, RR, TH, WF

Vehicle Parking:
If any proposed use is not specifically identified in Schedule II, Off-Street Parking Spaces Required, the requirements for off-street parking facilities shall be determined by the Planning Board.
See § 165-125: Off-street parking regulations for detailed information on parking.

Development Requirements:

AC District:

Excluding the garage, the total area of all accessory structures associated with a single-family residence shall not exceed 2,000 square feet, provided that such building or use is incidental to the principal use. This requirement shall not apply to farm operations.

RR District:
Excluding the garage, the total area of all permitted accessory structures shall not exceed 1,500 square feet, provided that such building or use is incidental to the principal use. This requirement shall not apply to farm operations.

MD District:
Excluding the garage, the total building area of accessory buildings shall not exceed 600 square feet in area, provided that such buildings or use are incidental to the principal use. The regulations governing the size of the accessory buildings shall not apply to farming operations.

HD and WF Districts:
In addition to the garage, the total building area of accessory buildings shall not exceed 400 square feet in area, provided that such buildings or use is incidental to the principal use. The regulations governing the size of accessory buildings shall not apply to farm operations.

TH District:
This use is permitted as an accessory use in this district and requires one utility shed per dwelling unit for the private use of the individual household, provided that the structure does not exceed an area of 100 square feet and is located no further than 20 feet from an entrance to the residence to which it is an accessory use.

Storage buildings, commercial (Special Permitted Use)

Districts Where Allowed Districts Permitted by Special Use Permits: LI

Vehicle Parking:
1 parking space for every 1,000 square feet of gross floor area.
See § 165-125: Off-street parking regulations for more detailed information on parking.

Development Requirements:

This use is permitted as a special permitted use in this district and includes mini-warehouse facilities.

The Zoning Board of Appeals may approve a permit for commercial/storage buildings, including mini-warehouse facilities, within the LI Light Industrial District, provided that the following standards and conditions are maintained:
A. The minimum lot size shall be two acres.
B. The proposed site plan shall meet the minimum lot size and yard requirements specified in Schedule I.
C. No mini-warehouse structure, containing individual storage bays, shall exceed 200 feet in lineal building length.
D. All ground surfaces shall be paved, maintained and well-drained to approved drainage facilities.
E. All commercial storage buildings, including mini-warehouse facilities, shall contain adequate exterior and interior lighting. Interior lighting shall be provided for each storage unit and may be on a time device to permit automatic shut-off. No exterior lighting shall be allowed to cause glare on any adjacent site.
F. Each mini-storage unit shall be clearly identified and the owner shall maintain records of all occupied units.
G. No mini-warehouse unit shall be allowed to store any hazardous material.
H. Adequate landscaping shall be provided to minimize the visual impact of the warehousing structure on adjacent sites.
I. Signage shall be permitted as regulated in Article XIV of this chapter. Signage shall provide information needed to identify the business and how to contact the owner.

Storage facilities, enclosed

Storage facilities, incidental to the principal use

Studios for individual art, music or dance instruction

Swimming pools, private

SWIMMING POOL
Any man-made body of water or receptacle for water, which has a capability of a depth of more than two feet at any point, used or intended to be used for swimming, bathing or wading and installed or constructed above or below ground. The term shall not apply to farm ponds or drainage control facilities (i.e., detention or retention ponds).

Districts Where Allowed Districts Permitted as an Accessory Use: HD, MD, PD-SR, RR, TH, WF

Development Requirements:

Private swimming pools shall be permitted as an accessory use in the AC Agricultural Conservation District and any residential district, provided that there is an existing residence on said lot and the following regulations are complied with:

A. Fences. Swimming pools shall be completely enclosed and secured by a fence and gate in accordance with applicable NYS codes.
B. Setbacks.

(1) Outdoor swimming pools shall be located in the rear or side yard. Such pools shall meet the setback requirements of the specific zone district in which they are located.
(2) No swimming pool shall be closer to the street or front lot line than the front of the building or structure to which the pool is an accessory use.

C. Drainage. No permit shall be issued for a swimming pool unless the applicant can show that the proposed drainage of such pool is adequate and will not interfere with the property of others, with public highways or with area drainage facilities.
D. Lighting. No lights shall be erected, operated or maintained in connection with a swimming pool in such a manner as to create an annoyance to surrounding properties.
E. Overhead wiring. All overhead wiring shall be installed in accordance with the National Electric Code.
F. Permits. Building permits shall be required for all swimming pools 24 inches deep or deeper.
G. Compliance with governmental requirements. Applications for swimming pool permits shall comply with these regulations and all applicable requirements of the State of New York and the County of Monroe, including plumbing and building codes. Where the regulations of the Town, county and state are inconsistent, the more restrictive requirements shall govern.

Tennis courts

Tourist homes (Special Permitted Use)

TOURIST HOME
A dwelling in which overnight accommodations are provided or offered for transient guests for compensation. For purposes of the Town Code, tourist home shall include bed-and-breakfast establishments.

Districts Where Allowed Districts Permitted by Special Use Permits: AC, HD, MD, RR, WF

Vehicle Parking:
If any proposed use is not specifically identified in Schedule II, Off-Street Parking Spaces Required, the requirements for off-street parking facilities shall be determined by the Planning Board.
See § 165-125: Off-street parking regulations for detailed information on parking.

Development Requirements:

The Zoning Board of Appeals may approve a permit for tourist homes within the AC Agricultural Conservation, RR Rural Residential, MD Medium Density Residential, HD High Density Residential and the WF Waterfront Residential Districts, provided that the following standards and conditions are maintained:

A. Tourist homes shall be owner operated and meet the minimum lot size, frontage and setback requirements as specified in Schedule I.
B. The building proposed for occupancy as a tourist home shall contain no more than six lodging rooms for hire, in addition to the owner's dwelling area which shall conform with the minimum living area requirements of the zone district in which the building is located.
C. The owner of the tourist home shall reside on the premises.
D. The building proposed for such use shall meet the requirements of the New York State Uniform Fire Prevention and Building Code.
E. Off-street parking space shall be provided as follows: At least two spaces shall be provided for the family residing on the premises, plus not less than one additional space for each lodging room.
F. The exterior of the building shall be maintained consistent with the character of the neighborhood.
G. One sign, not exceeding eight square feet in area, may be permitted, subject to sign setback requirements. Such sign shall not be illuminated, except indirectly.
H. The Zoning Board of Appeals shall specify the minimum amount and location of landscaping, and buffer/screening to ensure that the use does not create a nuisance for adjoining property owners.

Townhouse dwelling units (Special Permitted Use)

TOWNHOUSE
An independent single-family dwelling unit which is one of a series of dwelling units, having a common party wall between each adjacent unit, each with private outside entrance.

Districts Where Allowed Districts Permitted by Right: HD, MD, PD-SR, TH Districts Permitted by Special Use Permits: RB

Vehicle Parking:
2 parking spaces per dwelling unit.
See § 165-125: Off-street parking regulations for more detailed information on parking.

Development Requirements:

MD, HD, WF, and RB Districts:
This use is permitted as a principal use in this district and is subject to the regulations set forth in § 165-36: Townhouse Residential (TH) District.
Side setbacks shall be zero feet wherever two townhouses or twin home units are joined by a common wall.

TH District:
This use is permitted as a principal use in this district and has the following requirements:

(1) Each multiple residence building, twin home dwelling or townhouse structure shall be constructed and maintained in compliance with the requirements of the Multiple Residence Law and the New York State Uniform Fire Prevention and Building Code, as applicable. Such structure shall, however, conform to the local code if the Town has established more stringent requirements.
(2) Each multiple residence, twin home dwelling or townhouse development shall have a lot area of not less than two acres.
(3) There shall be a lot area of not less than 3,500 square feet for each dwelling unit located on the lot.
(4) Each dwelling unit shall provide the following minimum habitable area. Areas for the common use of occupants such as lobbies and corridors will not be considered as habitable area.

(a) Studio apartment (not more than 25% of the total number of units provided shall be studio units): 500 square feet.
(b) One-bedroom apartment: 650 square feet.
(c) Two-bedroom apartment: 800 square feet.
(d) More than a two-bedroom apartment: 800 square feet, plus 150 square feet for each additional bedroom.
(e) Townhouse unit: 950 square feet.

(5) No building shall contain more than eight dwelling units.
(6) Each dwelling unit shall have its own separate full bathroom.
(7) All multiple residence, twin home dwelling and townhouse developments shall provide safe and efficient pedestrian circulation and site lighting.
(8) All multiple residence buildings, twin home dwellings and townhouse structures shall be served by publicly owned, operated and maintained water supply and sanitary sewage disposal facilities.
(9) Each building shall be provided with suitable containers for the storage of recyclable materials and refuse collections. Such containers shall be screened from public view by use of fences or solid walls.
(10) Access to public roads.

(a) All multiple residence, twin home dwelling and townhouse developments shall have direct access from the common parking area(s) to a dedicated highway.
(b) No individual dwelling unit shall have direct access to a dedicated highway.

(11) Each dwelling unit shall have a rear yard adjacent to the unit which shall be reasonably secluded from view from neighboring property or streets and which shall include at least 500 square feet of usable open space.
(12) No multiple residence, twin home dwelling or townhouse development shall have more than 2 stories or be more than 35 feet in height. Spires, chimneys, cupolas, flagpoles and antennas are exempt from this limitation, provided that the antennas are visually integrated into the building lines.
(13) No room shall be used for living purposes if more than four feet of its vertical height is below grade.
(14) No multiple residence, twin home dwelling or townhouse building shall be less than 18 feet in width.
(15) No exterior wall shall exceed 50 feet in length unless there is a lateral offset of at least four feet in its alignment.
(16) Except for an accessory structure to an individual dwelling unit, the minimum distance between a multiple residence or townhouse dwelling structure and any other structure on a proposed development site shall be 40 feet and the minimum distance between a twin home dwelling and any other structure on a proposed development site shall be 20 feet.
(17) No swimming pool shall be located within 40 feet of a multiple residence or townhouse dwelling structure or 20 feet from a twin home dwelling.
(18) Not less than 25% of the land area within a multiple residence, twin home dwelling or townhouse development, excluding parking areas and vehicle access facilities, shall be established and maintained as open space for the use and enjoyment of residents and their guests.
(19) The coverage of all buildings and structures within a multiple residence, twin home dwelling or townhouse development shall not exceed 25% of the area of the entire site.
(20) No structure within a multiple residence, twin home dwelling or townhouse development shall be setback less than 20 feet from any common parking area.
(21) No structure within a multiple residence, twin home dwelling or townhouse development shall be setback less than 75 feet from a state or county highway or 40 feet from a Town road and not less than 50 feet from the external property line for the development. However, side yard setbacks for individual lots shall be zero feet from the property line wherever two townhouse, twin home dwelling or multifamily dwelling units are joined by a common wall along the parcel boundary.
(22) Notwithstanding the provisions of § 165-128B(2), the height of a privacy fence built upon a deck or other structure shall be limited to a height of four feet from the surface of the deck or other structure.

Warehousing facilities

Districts Where Allowed Districts Permitted by Special Use Permits: LI

Vehicle Parking:
1 parking space for every 1,000 square feet of gross floor area.
See § 165-125: Off-street parking regulations for more detailed information on parking.

Development Requirements:

The Zoning Board of Appeals may approve a permit for commercial/storage buildings, including mini-warehouse facilities, within the LI Light Industrial District, provided that the following standards and conditions are maintained:

A. The minimum lot size shall be two acres.
B. The proposed site plan shall meet the minimum lot size and yard requirements specified in Schedule I.
C. No mini-warehouse structure, containing individual storage bays, shall exceed 200 feet in lineal building length.
D. All ground surfaces shall be paved, maintained and well-drained to approved drainage facilities.
E. All commercial storage buildings, including mini-warehouse facilities, shall contain adequate exterior and interior lighting. Interior lighting shall be provided for each storage unit and may be on a time device to permit automatic shut-off. No exterior lighting shall be allowed to cause glare on any adjacent site.
F. Each mini-storage unit shall be clearly identified and the owner shall maintain records of all occupied units.
G. No mini-warehouse unit shall be allowed to store any hazardous material.
H. Adequate landscaping shall be provided to minimize the visual impact of the warehousing structure on adjacent sites.
I. Signage shall be permitted as regulated in Article XIV of this chapter. Signage shall provide information needed to identify the business and how to contact the owner.

LI District:

Commercial storage buildings may also be permitted as a special permitted use in this district by the Zoning Board of Appeals. This use includes mini-warehouse facilities.

Town of Parma, NY

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