TOWN OF PEMBROKE ZONING LAW

JUNE 14, 1995

(As Amended Through 1/4/2001)

ARTICLE V       SUPPLEMENTARY REGULATIONS

For every building hereafter erected, altered or changed in use, there shall be provided at least the minimum number of off-street parking spaces set forth under this Section. All off-street parking (except for one and two family dwellings) shall be designed in such a manner as to allow vehicles to exit onto a road without backing out onto it.

A.   Residential Uses

1.   One and two-family dwellings: Two (2) parking spaces for every dwelling unit

(inclusive of the driveway).

2.   Multiple family dwelling: Five (5) parking spaces for every three (3) dwelling

units (exclusive of driveway, except with Planning Board approval).

3.   Home occupations and craftsman shops: The number of parking spaces

required for the existing residential use (see above), plus whatever additional parking spaces deemed necessary by the Planning Board.

B.   Hotel/Motel

Three (3) parking spaces, plus one (1) parking space for every guest room.

C.   Places of Public Assembly (i.e. theaters, schools. community centers, religious

institutions. etc.)

One (1) parking space for every five (5) seats or one (1) parking space for every one

hundred (100) square feet of floor area.

D.   Professional Offices

Two (2) parking spaces, plus one (1) space for every two hundred (200) square feet of

floor area.

E.   Restaurants

One (1) parking space for every one hundred (100) square feet of floor area.

F.   Light Industrial. Manufacturing. Wholesale Trade. Warehouse. Truck Stop and

Trucking Terminal

One (1) parking space for every motor vehicle used directly in the business, plus additional parking as required by the Planning Board.

0.   Other Business and Commercial Uses

One (1) parking space for every motor vehicle used directly in the business, plus one (1) parking space for every two hundred (200) square feet of floor area.

H.   Unspecified Uses

As required by the Planning Board, based upon use intensity, turnover, customers, employees and vehicles used.

Every building used for a business purpose shall provide adequate space for off-street loading and unloading.

The Planning Board, under its powers of site plan review and approval, may modify the parking and off-street loading space requirements herein upon good cause being shown.

A.   Gasoline stations, gasoline station/markets, motor vehicle repair shops, motor vehicle sales and service, truck stop, trucking terminal, heavy machinery and truck sales and service, farm equipment sales and service, recreational vehicles sales and service and drive-in business shall require a special use permit and shall comply with the following:

1.   Lots containing such uses shall not be located within three hundred (300) feet of any lot occupied by a school, playground, library or religious institution. Measurement shall be made between the nearest respective lot lines.

2.   Lot size shall be at least forty thousand (40,000) square feet.

3.   Lot frontage shall be at least two hundred (200) feet.

4.   Lot depth shall be at least one hundred fifty (150) feet.

5.   Pumps, other service devices, and above ground fuel and oil storage shall be located at least thirty (30) feet from all lot lines.

6.   Any underground storage of fuel and oil of sufficient volume not regulated by

the New York State Department of Environmental Conservation shall be located at least thirty (30) feet from all lot lines.

7.   Unregistered motor vehicle(s), motor vehicle and equipment parts, dismantled vehicles and equipment shall be stored within a building or structure, or within a fence of a height to be determined by the Planning Board, within its sole discretion, so as to prevent public view of such items from any direction. All work connected with the uses covered by this Section shall be preformed to the extent possible indoors. This provision shall apply to both existing and fixture motor vehicle, farm and heavy equipment related uses.

8.   There shall be no more than two (2) access driveways from any street. Maximum width of each access driveway shall be thirty (30) feet.

Public utility installations (other than commercial communication antennas and towers, which are covered by Section 517) shall require a special use permit and shall comply with the following:

A.   Such facility shall be surrounded by a fence approved by the Planning Board.

B.   The facility shall be landscaped in a manner approved by the Planning Board.

C.   To the extent practicable, equipment shall be stored so as not to be visible from

surrounding properties.

D.   Any other requirements as determined by the Planning Board.

A.   General Standards

Except as provided in Section 506.C., every sign (other than temporary signs) shall require a zoning permit. Also, every sign shall be designed, attached, supported, and located in such a manner as to:

1.   Not impair public safety.

2.   Not restrict clear vision between a sidewalk and street.

3.   Not be confused with any traffic sign or signal.

4.   Not prevent free access to any door, window, or fire escape.

Signs may be illuminated by a steady light provided that lighting does not illuminate adjacent property. Flashing, oscillating and revolving signs are not permitted, unless necessary for public safety or welfare.

B.   Off-Premises Signs

Off-premises advertising signs are not permitted in any district.

C.   Signs Permitted In All Districts Without A Zoning Permit

1.   One (1) number and/or name plate identifying residents, mounted on house, apartment or mailbox, not exceeding one (1) square foot in area.

2.   One (1) lawn sign identifying residents, not exceeding one (1) square foot, or

two (2) square feet if double-faced. Such signs are to be non-illuminated except by a light which is an integral part of a lamp post if used as a support, with no advertising message thereon.

3.   One (1) sign identifying the name of the farm owner or name of the farm not exceeding twenty-four (24) square feet in area and located not less than ten (10) feet from a lot line.

4.   One (1) “For Sale” or “For Rent” sign not exceeding an area of six (6) square feet. Such sign shall not be greater than six (6) feet in height and shall be located not less than ten (10) feet from a lot line. Such signs shall be removed upon completion of the sale or rental.

5.   A sign used on a temporary basis to identify or announce an activity or function such as a construction project and the specialists concerned, elections, sporting events, carnivals, garage sales, meetings, etc. Such signs shall not exceed 12 square feet and shall not be located less than five (5) feet from a lot line. Temporary signs shall be removed within ten (10) days after the activity or function ends. Garage sales and farm produce sales temporary signs used more than sixty (60) days per year shall require a permit as set forth in Section 506.D.3.

D.   Other Signs Permitted in Agricultural. Agricultural-Residential, or Medium Density Residential Districts

The following signs are permitted in AG, AG-R or MDR Districts upon issuance of a zoning permit.

1.  One (1) home occupation or skilled trade shop sign not exceeding four (4) square feet in area and located not less than ten (10) feet from a lot line.

2.  One (1) sign identifying a mobile home park in an Agricultural-Residential District, not exceeding twenty (20) square feet in area and located not less than ten (10) feet from a lot line.

3.  One (1) sign identifying farm produce sales or garage sales not exceeding twelve (12) square feet in area and located not less than ten (10) feet from a lot line when used sixty (60) or more days per year.

4.   One (1) sign identifying a school, church, public park or public building, not exceeding forty (40) square feet in area on any one side and located not less than ten (10) feet from a lot line.

5.  One (1) sign for uses which have a valid special use permit to operate. Such sign may either be wall-mounted with a maximum size of 20 square feet, or freestanding with a

maximum size of eight (8) square feet per side. Freestanding signs shall be limited in height to 25 feet and not be located within 10 feet of a property line. The final location/placement of all signs for uses allowed by special use permits in the AG, AG-R, and MDR Districts shall be determined by the Planning Board.

E.   Other Signs Permitted in Commercial. Industrial. Interchange or Earth Product Districts

The following business signs are permitted in C, I, LNT, or EP Districts upon issuance of a zoning permit.

1.  Two (2) on-premises signs, one of which may be freestanding (except for shopping centers), shall be allowed for each permitted use. If attached, such signs shall not exceed a total area of one hundred (100) square feet or an area equal to ten (10) percent of the wall area of the building or portion thereof devoted to such use or activity, whichever is less. No sign shall project more than one (1) foot from the facade of the building.,

2.  On-premises freestanding signs shall be permitted. Such signs shall conform to the following provisions relating to their number and size:

a.   Each commercial or industrial use, except as limited by Section 506.E.2.b, may have one freestanding sign. Such freestanding sign shall have an area of not more than twenty-five (25) square feet nor be more than twenty-five (25) feet in height, and located not less than ten (10) feet from a lot line.

b.    Freestanding signs in a shopping center or industrial park shall be limited to one (1) directory sign at any location thereon not exceeding five (5) square feet in area for each acre of land in the shopping center or industrial park, provided that no such sign shall exceed thirty (30) square feet in area.

3.   Off-premises directional signs for businesses located in the Town of Pembroke, not exceeding thirty-two (32) square feet in size and limited to two (2) signs per use shall be permitted. Such signs shall be located not less than ten (10) feet from a lot line.

4.   Portable Signs. Any sign not permanently attached to the ground or a building. In addition, any temporary sandwich type, sidewalk, or curb sign over 12 square feet in area and/or over four (4) feet in height is considered to be a portable sign. Such signs shall be located not less than (10) feet from a lot line.

F.   Nonconforming Signs

1.   Nonconforming signs whether on premises or off premises shall be removed at the expense of the owner when the use discontinued. This shall include portable, temporary and permanent signs.

2.   Nonconforming signs may not be enlarged, extended, relocated or altered in any way, except to make them conform to provisions of this Zoning Law. This provision shall not restrict routine maintenance of nonconforming signs involving replacement of electrical parts and repainting.

G.   Prohibited Signs

The following types of sign are prohibited and shall not be permitted, erected, or maintained in any zoning district and the owner thereof shall upon written notice of the Zoning Enforcement Officer forthwith, in the case of immediate danger, or otherwise within 10 days, make such sign conform with the provisions of this Zoning Law or remove it. If the order is not complied with, the Zoning Enforcement Officer may cause said sign to be removed at the expense of the owner.

1.   Any sign which by reason of its size, location, content, coloring or manner of illumination, constitutes a traffic hazard or a detriment to traffic safety by obstructing the vision of drivers, or by obstruction or detraction from the visibility of any traffic control device on public streets and roads.

2.   Signs which obstruct free ingress to or egress from a required door, window, fire escape or other required exit way.

3.   Signs which make use of words such as “STOP”, “LOOK”, “DANGER”, and other words, phrases, symbols, or character in such a manner as to interfere with, mislead or confuse traffic.

4.   Any sign which has any visible moving part, visible revolving parts or visible mechanical movement of any description (except time and temperature revolving signs as allowed) or other apparent visible movement achieved by electrical, electrical or kinetic means, including intermittent electrical pulsations, or by action of normal wind current.

5.   Signs or other exterior advertising structure displaying any obscene, indecent, or immoral matter.

Cluster residential development of one-family dwellings may be permitted, as specified in the New York State Cluster Enabling Act, Chapter 963 of the Laws of 1963, in the AG-R and MI)R Districts of the Town provided that a special use permit is obtained and the following conditions are observed:

A.   The project shall encompass a minimum land area often (10) acres.

B.   The developer shall dedicate all un-subdivided lands to permanent open space. In no case shall such lands be less than twenty-five (25) percent of the total project area. All such lands shall be suitable, in the opinion of the Planning Board, for the intended use. Such lands shall be offered for dedication to the Town Board.

C.   The developer shall seek preliminary, non-binding, informal conditional approval of the Planning Board of the design and arrangement of streets, lots, open spaces, and other elements of the project prior to filing the special use permit application.

D.   The overall density, maximum building height and maximum lot coverage requirements as set forth in Zoning Schedule A of this Zoning Law for the district involved apply to the entire cluster development project, whereas the minimum frontage, and side and rear yard requirements for the applicable district apply only to the outer lots of said cluster residential development. All other area requirements as set forth in Zoning Schedule A may be modified by the Planning Board.

A.   Establishment

No person shall establish, operate, or maintain a junkyard until he has obtained a special use permit in compliance with Section 708 and shall have obtained an annual license in compliance with Local Law Number 2 of 1985 known as The Recycling Operations Code of the Town of Pembroke, New York, together with any future amendment(s) thereto.

B. Regulations

All junkyards shall comply with all regulations set forth in said Local Law Number 2 of 1985 together with any future amendment(s) thereto.

A.   Recreational Vehicles

1.   Recreational vehicles may only be temporarily occupied as a dwelling as follows:

a. As provided in Section 510.B.

b. For not more than two separate periods, per year, not exceeding two weeks each, one recreational vehicle may be used as temporary dwelling while parked on the same lot as a permanent dwelling.

c. With a temporary use permit, a recreational vehicle may be used as a temporary dwelling for a period not to exceed six (6) months, and subject to the following conditions:

(1)  Approval shall be granted by the Genesee County Health Department.

(2) Any connections must be removed and the recreational vehicle moved to an approved parking location upon expiration of such permit.

2.   An unoccupied recreational vehicle may be stored anywhere except in the required front or side yard areas of a lot not less than fifteen (15) feet from any lot line or public right-of-way. When so stored, no connections shall be permitted.

B.   Campgrounds

1.   Location

A campground shall be located and maintained only in an AG-R District upon issuance of a special use permit and in accordance with the standards set forth in this Zoning Law.

2.   Existing Campgrounds

In addition to the nonconforming use regulations set forth in Section 304, all existing campgrounds must comply with this Section whenever any addition, expansion or alteration (changes affecting lot size or layout, streets and utilities) of the use or operation is proposed.

3.   Standards and Requirements for the Construction of Campgrounds

Before a special use permit for a campground is issued under Section 708, the Planning Board shall determine that the proposed use is designed and arranged in accordance with the following standards.

(a) Site

The campground shall be located on a well-drained site which is properly graded to insure rapid drainage so as to be free at all times from stagnant pools of water.

(b)  Lots

Each campground shall be divided into lots. The total number of lots shall not exceed twelve (12) per gross acre. Each lot shall have a total area of not less than two thousand five hundred (2,500) square feet with a minimum width of thirty (30) feet. Only one recreational vehicle or tent shall be permitted to occupy any one lot. Each lot shall have a stand of sufficient size and durability to provide for the placement and removal of a recreational vehicle and for the retention of such recreational vehicle in a stable condition. The stand shall be suitably graded to permit rapid surface drainage.

(c) Setbacks

All recreational vehicles, or occupied tents situate in campgrounds shall not be located nearer than a distance of:

-    Twenty-five (25) feet from an adjacent property line, except residential property.

-   One hundred (100) feet from any adjacent residential property line.

-   One hundred (100) feet from the right-of-way of a public street/highway.

-   Ten (10) feet from the nearest edge of any street located within the park.

(d)   Accessibility

Each campground shall be easily accessible from an existing public road with entrances and exits designed and strategically located for the safe and convenient movement into and out of the campground to minimize conflicts with the movement of traffic on a public road. All entrances and exits shall be at right angles to existing public roads and of sufficient width to facilitate the turning movements of recreational vehicles.

(e)   Street System

(1) Each campground shall have improved streets to provide convenient access to all lots and other important facilities within the campground.

(2) The street system shall be so designed to permit safe and convenient vehicular circulation within the campground.

(3)All streets shall have the following minimum width:

- One-way traffic movement - twelve (12) feet.

- Two-way traffic movement - twenty (20) feet.

(4) Except in cases of emergency, no parking shall be allowed on such streets.

(5) Adequate access shall be provided for each lot. Such access shall have a minimum width often (10) feet.

(f)   Utilities

All campground sewer and water facilities shall comply with the regulations of the Genesee County Department of Health and the New York State Department of Environmental Conservation.

(g)  Open Space

Any campground designed for twenty (20) or more sites shall provide a common open area suitable for recreation and play purposes. Such open space shall be conveniently located. The open space area shall be at least ten (10) percent of the gross land area of the campground but not less than one (1) acre.

(h)  Improvements

Lighting, landscaping and buffer areas may be required by the Planning Board and shall be in keeping with surrounding development, the unique features of the site and the health and safety of occupants of the campground.

(i)   Management

Every campground shall be managed from an office located on the premises. The management shall maintain the campground in a clean and attractive manner, and take reasonable steps to protect the health, safety and comfort of all persons accommodated therein.

(j) Removal of Wheels

Unless written consent is received from the Planning Board, it shall be unlawful to remove wheels from any recreational vehicle or otherwise permanently affix such recreational vehicle to the ground. Such removal shall be grounds for the revocation of the special use permit for such campground.

(k) Fence

The Planning Board is authorized to require that some or all of the campground be fenced if circumstances warrant. The Planning Board shall decide what type of fencing is suitable.

(1) Where dwellings are located within 1,000 feet of the campground, it shall be the responsibility of the campground owner to maintain relative quiet during the hours of 10:00 p.m. to 7:00 a.m.

(m) Campground Special Use Permits

(1)  Pursuant to Section 708.D, the Zoning Enforcement Officer shall inspect at least annually the operation of a campground to make sure it complies with provisions of this Zoning Law and any and all conditions prescribed by the Planning Board when issuing the special use permit.

(2)  Before receiving a special use permit for a campground, the owner thereof shall make an adequate showing that the subject property complies with the provisions of this Section.

A.  Purpose

The purpose of this provision is to allow for home occupations which are compatible with the neighborhoods in which they are located.

Some home occupations by the extent of the investment required therefore and/or the nature of their operation, have a tendency of increasing beyond the scope of a home occupation and thereby violating the use provisions of the zoning district in which such home occupation exists and adversely affecting surrounding property values.

B.   Process

An applicant may apply to the Planning Board for a special use permit to establish a home occupation in the AG, AG-R or MDR Districts.

C.   Conditions

The following conditions are intended to insure both that the home occupation is secondary to the residential use and that it is compatible with the residential character of the neighborhood:

1.   The home occupation shall be carried on inside the principal dwelling and/or inside a building or other structure accessory thereto.

2.   No alteration to the exterior of the principal dwelling and/or the accessory building or structure shall be made which changes the residential character thereof.

3.   No more than two (2) nonresident persons shall be employed in the home occupation.

4.   Not more than 25% of the floor area of the principal dwelling may be used for the home occupation and the total floor area to be utilized (including accessory buildings and structures) shall not exceed 500 sq. ft.

5.   There shall be no exterior advertising of the home occupation, except for a sign no larger than four (4) square feet for which a permit has been obtained pursuant to the provisions of Section 506.D.1.

6.   There shall be no exterior storage of materials used in the home occupation.

7.   No home occupation shall result in:

a. Dissemination of noise, vibration, smoke, observable gas or fumes, or other atmospheric pollutant beyond the boundaries of the immediate site of the building in which such use is conducted.

b. Hazard of fire explosion or other physical hazard to any person, building, or vegetation.

c.    Radiation or interferences with radio or television reception beyond the boundaries of the immediate site of the building in which such use is conducted, or the testing of material or instruments in such manner as to constitute a public nuisance.

8.   Adequate parking shall be provided as set forth in Section 501. Such off-street parking shall be located not less than ten (10) feet from any property line.

9.   No residential lot shall contain more than one (1) home occupation.

All proposals for installation and/or modification of animal waste storage facilities shall be submitted to the Genesee County Soil and Water Conservation District (GCSWCD) for their review and determination as to acceptability. If a proposal is acceptable to (3CSWCD then the Planning Board will consider the potential impacts posed by such a facility upon surrounding land uses prior to taking final action.

The purpose of this section is to provide for the construction of ponds that are adequately designed and located so as to not pose adverse impacts upon surrounding land uses. Farm water supply, conservancy, storm water/erosion control and fire protection or other ponds may be located within the AG, AG-R, C, I and 1NT Districts upon issuance of a special use permit provided the following criteria are met:

A. The proposed pond is located not less than 100 feet from any property line. This setback distance shall be measured from the edge of the surface of the water at its highest level.

B.    The proposed pond design is considered acceptable by the Genesee County Soil and Water Conservation District (GCS WCD).

C.    The pond is constructed in conformance with the design specifications in Subsection B of this Section, including any reseeding or re-vegetation requirements.

D.    Any soil excavated in the construction of a pond shall not be removed from the affected parcel without the specific authorization of the Planning Board in issuing the Special Use Permit.

A.    Purposes

The Town of Pembroke conducted a study of the potential secondary affects posed by adult establishments. This study, along with other similar studies, has shown buildings and

establishments operated as adult establishments pose secondary effects which may have a detrimental and harmful impact to the health, safety, morals and general welfare of a community. hi order to promote the health, safety, morals and general welfare of the residents of the Town of Pembroke, this Section is intended to control such secondary affects of adult establishments by restricting such uses to the Interchange (INT) District(s) of the Town, and otherwise regulate their operation.

B.    Definitions

As used in this Section, the following terms shall have the meanings indicated:

1.  Adult Establishment - A commercial establishment including but not limited to adult book store, adult eating or drinking establishment, adult theater, adult motel, adult massage establishment, nude model studio or other adult commercial establishment, or any combination thereof as defined below:

a.    An adult bookstore is a bookstore which has as a “substantial portion”  (equal to or greater than 25%) of its stock-in-trade and/or floor area as hereinafter defined any one or more of the following:

(1)  Books, magazines, periodicals or other printed matter which are characterized by an emphasis upon the depiction or description of “specified sexual activities” or “specified anatomical area”; or,

(2)  Photographs, films, motion pictures, video cassettes, slides or other visual representations which are characterized by an emphasis upon the depiction or description

of “specified sexual activities” or “specified anatomical areas.”

b.    An adult eating or drinking establishment is an eating or drinking establishment which regularly features any one or more of the following:

(1)  Live performances which are characterized by an emphasis upon the depiction or description of “specified anatomical areas” or “specified sexual activities”; or,

(2)  Films, motion pictures, video cassettes, slides or other visual representations which are characterized by an emphasis upon the depiction or description of “specified sexual activities” or “specified anatomical areas”, and

(3)  Employees who as part of their employment, regularly expose to patrons “specified anatomical areas”, and which is not customarily opened to the general public during such features because it excludes minors by reason of age.

c.    An adult theater is a theater which regularly features one or more of the following:

(1)  Films, motion pictures, video cassettes, slides or other visual representations which are characterized by an emphasis upon the depiction or description of “specified sexual activities~~ or “specified anatomical areas”; or,

(2)  Live performances which are characterized by an emphasis upon the depiction or description of “specified anatomical areas” or “specified sexual activities”, and which is not customarily opened to the general public during such features because it excludes minors by reason of age.

An adult theater shall include commercial establishments where such materials or performances are viewed from individual enclosures.

d.    An adult motel is a motel which makes available to its patrons in their room films, slide shows, video tapes or other visual representations with an emphasis on matter depicting, describing or related to “specified sexual activities” or “specified anatomical areas.”

e.    An adult massage establishment is any establishment having a fixed place of business where massages are administered for pay, including but not limited to massage parlors, sauna baths and steam baths. This definition shall not be construed to include a hospital, nursing home or medical clinic or the office of a physician, surgeon, chiropractor, osteopath, duly licensed massage therapist, or duly licensed physical therapist; or barber shops or beauty parlors in which massages are administered only to the scalp, face, neck and shoulders. This definition shall also exclude health clubs which have facilities for physical exercise, such as tennis courts, racquetball courts or exercise rooms, and which do not receive their primary source of revenue through the administration of massages.

f.    A nude model studio is any place where a person who appears in a state of nudity or displays specified anatomical areas is regularly provided to be observed, sketched, drawn, painted sculptured, photographed, or similarly depicted by other persons who pay money or any other form of consideration, other than as part of a course of instruction offered by an educational

institution established pursuant to the Laws of New York State.

g.    Any other adult commercial establishment is a facility - other than an

adult bookstore, adult eating or drinking establishment, adult theater, adult motel, adult massage establishment, nude model studio, or business or trade school - which features employees who as part of their employment, regularly expose to patrons “specified anatomical areas” and which is not customarily open to the general public during such features because it excludes minors by reason of age.

For the purpose of defining adult establishments, “specified sexual activities” are: (i) human genitals in a state of sexual stimulation or arousal; (ii) actual or simulated acts of human masturbation, sexual intercourse, or sodomy; or (iii) fondling or other erotic touching of human genitals, pubic region, buttock, anus or female breast.

“Specified anatomical areas” are: (i) less than completely and opaquely concealed (a) human genitals, pubic region, (b) human buttock, anus or (c) female breast below a point immediately above the top of the areola or (ii) human male genitals in a discernibly turgid state, even if completely and opaquely concealed.

For the purpose of determining whether a “substantial portion” of an establishment includes an adult bookstore the following factors shall be considered: (1) the amount of floor area and cellar space accessible to customers and allocated to such uses; and (2) the amount of floor area and cellar space accessible to customers and allocated to such uses as compared to the total floor area and cellar space accessible to customers in the establishment.

For the purpose of determining whether a bookstore has a “substantial portion” (equal to or greater than 25%) of its stock in materials defined in paragraphs (a) (1) or (a) (2) hereof, the following factors shall be considered: (1) the amount of such stock accessible to customers as compared to the total stock accessible to customers in the establishment; and (2) the amount of floor area and cellar space accessible to customers containing such stock; and (3) the amount of floor area and cellar space accessible to customers containing such stock as compared to the total floor area and cellar space accessible to customers in the establishment.

2.  Person - A person, firm, partnership, corporation, association or legal representative, acting individually or jointly.

3.  Substantial - For the purposes of the Section the term “substantial” shall mean an amount equal to or greater than 25 percent of the total

C. Restrictions Affecting Adult Establishment

Adult establishments, including but not limited to adult bookstore, adult eating or drinking establishments, or adult theater shall be permitted subject to the following restrictions:

1.  No such adult establishment shall be within one hundred (100) feet of another existing adult establishment.

2.  No such adult establishment shall be located within one hundred (100) feet of the boundaries of any Residential (R), Medium Density Residential (MDR) or Agricultural-Residential (AG-R) Zoning District or within five hundred (500) feet of any existing residential use located on another lot.

3.  No such adult establishment shall be located within one thousand (1,000) feet of a pre-existing school, place of worship, playground or park.

4.  No such adult establishment shall be located in any zoning district except the Interchange (17NT) District(s).

5.  Only one adult establishment shall be permitted on a zoning lot.

D.    Prohibition Regarding Public Observation

No adult establishment shall be conducted in any manner that permits the observation of any material depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” from any public way or from any property not registered as an adult use. This provision shall apply to any display, decoration, sign, show window or other opening.

No commercial communication tower or antenna(s) shall hereafter be used, erected, moved, reconstructed, changed or altered unless in conformity with these regulations.

A.    Shared Use of Existing Towers and/or Structures

At all times, shared use of an existing tower and/or structure (i.e., another Commercial communications tower, water tower, building, etc.) shall be preferred to the construction of a new commercial communication tower. An applicant shall be required to present an adequate report inventorying existing towers or other structures within reasonable distance of the proposed site and outlining opportunities for shared use of existing facilities as an alternative to a proposed new commercial communication tower. The installation of a commercial communications antenna(s) on an existing structure located within the AG, AG-R and C Districts shall be considered a permitted accessory use not subject to Site Plan Review, provided the following criteria are met

1.   The existing structure is not increased in height or otherwise modified so as to

change its visual appearance,

2.   The antenna(s) do not extend above such structure more than ten (10) feet, and

3.   The applicant provides the necessary documentation to the Zoning Administration Officer to verify the existing structure and proposed antenna(s) installation would comply with the NYS Uniform Fire Prevention and Building Code

4.   An applicant proposing to share use of an existing tower and/or structure shall be required to document intent from an existing tower/structure owner to allow shared use.

B.   New or Altered Towers and/or Structures

The Planning Board may, in its sole discretion, consider a new or altered (including tower or structure which are modified, reconstructed, or changed) commercial communication tower/structure where the applicant demonstrates to the satisfaction of the Planning Board that shared usage of an existing tower/structure is impractical. The applicant shall be required to submit a report demonstrating good faith efforts to secure shared use from existing towers or other structures as well as documentation of the physical and/or financial reasons why shared usage is not practical. Written requests and responses for shared use shall be provided.

The applicant shall be required to submit a site plan in accordance with Section 708 (Site Plan Review provisions need to be added) for all commercial communication towers that are proposed to be erected, moved, reconstructed, changed or altered. Site Plan review will also be required in those instances when antenna(s) are being added to existing structures not in compliance with the criteria set forth in Subsection A of this Section. In addition to Section 708, the site plan shall show all existing and proposed structures and improvements including roads, buildings, tower(s), guy wire anchors, parking and landscaping and shall include grading plans for new facilities and roads.

C.   Supporting Documentation

The Planning Board shall require that the site plan include a completed Visual Environmental Assessment Form (Visual EAF - SEQR), and documentation on the proposed intent and capacity of use as well as a justification for the height of any tower or antenna and justification for any required clearing. The applicant must provide a coverage/interference analysis and capacity analysis that location of the antennas as proposed is necessary to meet the frequency reuse and spacing needs of the cellular system and to provide adequate portable cellular telephone coverage and capacity to areas which cannot be adequately served by locating the antennas in a less restrictive district. The Planning Board may require submittal of a more detailed visual analysis based on the results of the Visual EAF in addressing this Subsection and Subsections J and K of this Section.

D.    Shared Usage of Site with New Tower

Where shared usage of an existing tower or other structure is found to be impractical, as determined in the sole discretion of the Planning Board, the applicant shall investigate shared usage of an existing tower or other structure site for its ability to accommodate a new tower and accessory uses. Documentation and conditions shall be in accordance with Subsection B of this Section. Any new commercial communication tower approved for a site with an existing tower or other structure site shall be subject to the standards of Subsections F through N of this Section.

E.    New Tower at a New Location

The Planning Board may consider a new commercial communication tower on a site not previously developed with an existing tower or other structure when the applicant demonstrates that shared usage of an existing tower site is impractical, as determined in the sole discretion of the Planning Board, and submits a report as described in Subsection B of this Section.

F.    Future Shared Usage of New Towers

The applicant must design a proposed commercial communication tower to accommodate future demand for commercial broadcasting and reception facilities. This requirement may be waived provided that the applicant demonstrates, in the sole discretion of the Planning Board, that provisions of future shared usage of the facility is not feasible and an unnecessary burden, based upon:

1.   The number of Federal Communications Commission (FCC) licenses foreseeably available for the area;

2.   The kind of tower site and structure proposed;

3.   The number of existing and potential licenses without tower spaces;

4.   Available spaces on existing and approved towers; and

5.   Potential adverse visual impact by a tower designed for shared usage.

0.    Setbacks for New Towers

All proposed commercial communication towers and accessory structures shall be set back from abutting residential parcels, public property or street lines a distance sufficient to contain on-site substantially all ice-fall or debris from tower failure and preserve the privacy of adjoining residential properties.

1.  All commercial communication tower bases must be located at a minimum setback from any property line at a distance at least equal to the tower height, or the distance between the tower base and guy wire anchors, or the minimum setback of the underlying zoning district, or a minimum setback at a distance which shall be established in the sole discretion of the Planning Board based on the unique characteristics of the site, whichever of the foregoing is greater. The minimum setback requirement of this paragraph may be increased in the sole discretion of the Planning Board, or it may be decreased, again in the sole discretion of the Planning Board, in those instances when the applicant has submitted plans for a tower designed in such a manner as to collapse within a smaller area. Such tower design and collapse zone must be acceptable to the Town Engineer and the Planning Board.

2.  Accessory structures must comply with the minimum setback requirements in

the underlying district.

H.    Visual Impact Assessment

The Planning Board shall require the applicant to undertake a visual impact assessment of any proposed new towers or any proposed modifications of an existing tower that will increase the height of the existing tower. Construction of a new commercial communication tower or modification of an existing tower shall be subject to those guidelines and criteria listed below that the Planning Board, in its sole discretion, deems appropriate at the pre-submission conference:

1.  Assessment of “before and after” views from key viewpoints both inside and outside of the Town, including state highways and other major roads, from state and local parks, other public lands; from any privately-owned preserves and historic sites normally open to the public, and from any other location where the site is visible to a large number of visitors or travelers.

2.  Assessment of alternative tower designs and color schemes, as described in Subsection I below.

3.  Assessment of visual impact of the tower base, guy wires, accessory buildings and overhead utility lines from abutting properties and streets.

I.    New Tower Design

Alternate designs shall be considered for new towers, including lattice and single pole structures. Plans should show that the owner of the commercial communication tower has agreed to permit other persons to attach other communication apparatus which do not interfere with the primary purposes of the commercial communication tower, provided that such other persons agree to negotiate a reasonable compensation to the owner from such liability as may result from such attachment. The design of a proposed new tower shall comply with the following:

1.  Unless specifically required by other regulations, all towers shall have a neutral, earth tone, sky tone or similar finish that will minimize the degree of visual impact that the new tower may have. Artificial lighting, including strobes, beacons and other hazard avoidance lighting, shall be limited to that required by the Federal Aviation Administration (FAA) or other governmental agency, recognized safety guidelines and the Planning Board.

2.  Any new tower shall be designed and constructed to have the minimum height and carrying capacity needed to provide future shared usage (co-locating of a minimum of two additional antennae).

3.  The Planning Board may request a review of the application by the Town Engineer, or ‘other engineer selected by the Planning Board, for evaluation of need for and design of any new tower. The costs associated for such review shall be borne by the applicant.

4 Accessory facilities shall maximize use of building materials, colors and textures designed to blend with the natural surroundings.

5.  No portion of a tower may be used for signs or advertising purposes, including company name, banners, streamers, etc.

6.  The applicant shall provide documentation acceptable to the Planning Board that certifies the operation of the proposed commercial communication tower facility will not interfere with usual and customary transmission or reception of radio, television or other communication equipment.

7.   Space on communication towers shall be made available for public safety purposes (including the Genesee County Public Safety Radio System) at no cost to public safety agencies.

J.   Existing Vegetation

Existing on-site vegetation shall be preserved to the maximum extent possible and no cutting of trees exceeding four (4) inches in diameter (measured at a height of(4) feet off the ground) shall take place prior to approval of the special use permit. Clear cutting of all trees in a single contiguous area exceeding 20,000 square feet shall be prohibited.

K.    Screening

Deciduous or evergreen tree plantings may be required to screen portions of the tower and accessory structures from nearby residential property as well as from public sites known to include important views or vistas. Where the site abuts residential or public property, including streets, the following vegetative screening shall be required. For all commercial communication towers, at least one row of native evergreen shrubs or trees capable of forming a continuous hedge at least ten (10) feet in height within two (2) years of planting shall be provided to effectively screen the tower base and accessory facilities. In the case of poor soil conditions, planting may be required on soil berms to assure plant survival. Plant height in these cases shall include the height of any berm.

L.    Access

Adequate emergency and service access shall be provided. Maximum use of existing roads, public or private, shall be made. Road construction shall, at all times, minimize grounds disturbance and vegetation cutting to within the toe of fill, the top of cuts, or no more than ten (10) feet beyond the edge of any pavement. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion potential.

M.   Parking

Parking shall be provided in accordance with Section 501. No parking space shall be located in any required yard.

N.    Fencing

Sites of proposed new commercial communication towers and sites where modifications to existing towers are proposed shall be adequately enclosed by a fence eight (8) feet in height from finished grade, unless the applicant demonstrates to the sole discretion of the Planning Board that such measures are unnecessary to ensure the security of the facility. Such security fencing shall surround the tower base as well as each guy anchor.

0.   Maintenance and/or Performance Bond

Prior to approval of any application, the Planning Board, in its sole discretion, may require the applicant and/or owner to post and file with the Town Clerk a maintenance and/or performance bond or other form of security acceptable to the Town Attorney, in an amount sufficient to cover the installation, maintenance and/or construction of said tower during its lifetime and provide for its removal. The amount required shall be determined in the sole discretion of the Planning Board, based upon the unique characteristics of the tower and site. In furtherance of the foregoing, the applicant and/or owner shall cooperate with the Planning Board in supplying all necessary construction and maintenance data to the Board prior to approval of any application to accomplish the foregoing.

P.    Removal of Obsolete/Unused Facilities

Approval of a new commercial communication tower facility shall be conditioned upon the applicant’s agreement to remove such facility once it is no longer used. Removal of such obsolete and/or unused commercial communication towers facilities shall take place within twelve (12) months of cessation of use. The applicant shall submit an executed removal agreement with their application to ensure compliance with this requirement.