Law 1 of 2022 – Zoning – Town of Vienna, NY

Town of Vienna Zoning Law, Local Law #1 of 2022

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TOWN OF VIENNA

Oneida County, New York

ZONING LAW

Adopted by Local Law No. 1 of 1991 on 30 September 1991

Effective 18 September 1991

TABLE OF CONTENTS

ARTICLE 1. INTRODUCTION 1

Section 110. Enacting Clause 1

Section 120. Title 1

Section 125. Record of Revisions 1

Section 130. Purpose 1

Section 140. Applicability 2

ARTICLE 2. DEFINITIONS 2

Section 210. General 2

Section 220. Specific Definitions 2

ARTICLE 3. ESTABLISHMENT OF ZONES 15

Section 310. Types of Zones 15

Section 320. Zoning Map 15

Section 330. Interpretation of Zone Boundaries 15

ARTICLE 4. ZONE REGULATIONS 16

Section 410. General 16

Section 420. Schedule A: Dimensional Requirements for Zones 16

Section 430. Schedule B: Permitted Uses in Zones 18

Section 440. Industrial (I) Zone 20

A RT ICLE 5. GENERAL RE G UL ATIO NS 21

Section 505. Home Based Businesses I

Section 509. Multiple Uses on a Single Lot or Parcel 22

Section 510. Manufactured Homes 22

Section 515. Accessory Apartments 23

Section 517. Fences 23

Section 520. Line or Sight for Traffic Safety 24

Section 525. Sewage Disposal 24

Section 530. Flood Hazard Areas 24

Section 535. Antennae and Towers 24

Section 540. Recreational Camping Vehicles 25

Section 542. Airstrips 25

Section 545. Junk 26

Section 555. Contracting Storage 26

Section 560. Height Exceptions 27

Section 565. Storage Vehicle 27

Section 570. Sawmills 27

Section 575. Major Excavations 27

Section 580. Adult Entertainment Uses 27

Section 585. Large Animals 27

Section 590. Flag Lots 28

Section 595. Accessory Uses and Structures 28

Section 597. Motorized Vehicle Parks 28

ARTICLE 6. SPECIAL USE PERMITS 28

Authority 28

Applicability 28

Objectives 29

Application for Special Use Permit 29

Waiver of Submission Requirements 31

Environmental Impact Review 31

County Planning Board Review 31

Section 660. Review 32

Section 665. Area Variance 32

Section 670. Public Hearing 32

Section 680. Planning Board Action on Special Use 32

Section 685. Report to County Planning Board 32

ARTICLE 7. STANDARDS 33

Section 710. General 33

Section 720. General Screening 33

Section 730. Site Lighting 33

Section 740. Architectural Lighting 33

Section 750. Drainage 34

Section 760. Erosion and Sediment Control 34

Section 770. Hazardous and Toxic Materials 34

ARTICLE 8. FINANCIAL GUARANTEES FOR PUBLIC IMPROVEMENTS 34

Section 810. Required Public Improvements 34

Section 820. Required Financial Security 35

Section 830. Review of Proposed Financial Security 35

Section 840. Schedule of Improvements 35

Section 850. Staged Refunding of Financial Guarantees 36

Section 860. Acceptance of Required Public Improvements 36

Section 870. Required Maintenance Guarantee 36

ARTICLE 9. GROUNDWATER PROTECTJO N O VER LAY ZONES 36

Section 91 0. Purpose 36

Sect ion 920. Scope and Applicability 37

Section 930 . Definitions 37

Section 94 0: Sect ion 950: Section 960:

Section 97 0. ARTICLE J O.

Establishment and Delineation of Groundwater Protection Overlay Zones 38

Permillecl Us es –WA and WB Overlay Zones 39

Prohihite<l Uses and Activities–\\/ A and WB Over lay Zones 39

Additional Prohibited Uses and Activities — WA Overlay Zone 40

CLUSTER DEVEL OPMEN T. 40

Section 1010. Aut hor i ty 40

Section 1020 . Purpose 40

Section 1030. Density Transfer. 40

Section l 040. Review Criteria 41

Section 1050. Open Space Requirements 41

ARTJCL E 11 . MAN UF ACT UR ED HOME PARKS AND CAMPGROUN DS 42

Section l 105. Manufactured Home Park and Campground Operating License 42

Section 1110. License Revocation or Failure to Renew 42

Section 1115 . Manufactured Home Park Location , Conditions and Size 42

Section 1120 . Manufactured Home Sites 43

Sec tion 1 1 25. Manufactured Home Par k Ent ranc l.!s 43

Sec ti on 1 130 . Manufactured Home Pa rk Access Roads 43

Secti on 1135 . Manufactured Home Park Interna l Roads 44

Section 1140. Manufactured Home Park Design Standards 44

Section 1145 . Campground Design Standards 45

Section I 150. Manufactured Home Park and Campground Operations 45

AR Tl CLE 12. JUNKYARDS 46

Section 1205. Junk-yard License 46

Section 1210 . License Revocation or Failure to Renew 46

Section 1215. Junkyard Location 46

Section 1220. Junkyard Fencing and Screening 46

Section 1225. Junkyard Operations 47

ARTICLE 13. WIND TURBINES AND TOWERS 47

Section 1310. Requirements for Private Roof-mounted Wind Turbines 47

Section 1320. Requirements for Private Wind Turbine Towers 47

Section 1330. Requirements for Commercial Wind Power Generating Facilities 47

ARTICLE 14. SOLAR ELECTRIC ENERGY COLLECTION SYSTEMS 49

Section 1410. Purpose 49

Section 1420. Definitions 49

Section 1435. General requirements 51

Section 1440. Permitting requirements for Tier 1 solar electric energy systems 51

Section 1450. Permitting requirements for Tier 3 solar electric energy systems 52

Section 1460. Safety 55

Section 1465. Permit time frame and abandonment 55

ARTICLE 15. SOLAR THERMAL ENERGY COLLECTION SYSTEMS 56

Section 1510. Solar energy collectors exempt. 56

Section 1520. Requirements for micro solar thermal collector systems 56

Section 1530. Requirements for small scale solar thermal systems 56

Section 1540 . Requirements for large scale solar thermal systems 56

Section l 550. Solar concentrating devices 58

ARTICLE 17 . PARK.ING, LOADING AND CIRCU LATION 60

Section 1710. General Parking Requirements 60

Section 1720. Number of Parking Spaces Required 60

Section 17 30. Off-Street Loading Areas 61

Section 1740 . Parking and Loading Area Screening and Planting 61

Section 1750 . Site E111rancc s 62

Section 17 6 0. Drive-U p Service Lanes 62

ARTIC LE 1 8 . S IGN S 6 2

Sec ti on 18 1 0. Exem pt Sig ns 62

Sec tion 18 1 5. Off Prem is e s Si g ns 64

Sec1i on 1 8 20. Sign Standards 64

ART ICL E 19. NONCONFORMITIES 65

Section 19 10 . Intent 65

Section J 920 . Nonconforming Uses 65

Sect ion 1 9 30 . Nonconforming Lots of Record 65

Section l 940 . Nonconforming Structures 65

Section 1950. Nonconfom1ing Structures Damaged or Destroyed 66

ARTICLE 20 . ADMINISTRATION AND ENFOR CEMENT 66

Section 2005. Zoning Permits 66

Section 2010 . Temporary Zoning Permits 67

Section 2015. Application Procedure for Zoning Permits 67

Section 2020. Pe1111it Fees 67

Section 2025. Certification of Compliance 67

Section 2030. Unapproved Lots

Section 2035. Zoning Enforcement Officer .. Section 2040. Zoning Board of Appeals

Section 2045. Planning Board

Section 2050. Violations and Penalties

Section 2055. Amendments

Section 2060. Interpretation and Separability

Section 2065 . Effective Date

ARTICLE 1. INTRODUCTION

Section 110. Enacting Clause

Pursuant to the authority conferred by Article 16 of the Town Law and Articles 2 and 3 of Municipal Home Rule Law of the State of New York, the Town Board of the Town of Vienna hereby adopts and enacts the following law.

Section 120. Title

This law shall be lmov.rn as “The Town of Vienna Zoning Law.”

Section 125. Record of Revisions

• Adopted by Local Law No. 1 of 1991 on 30 September 1991

• Revision A- Local Law No. 2 of 1994 Adopted 24 March 1994

• Revision B – Local Law No. 1 of 1997 Adopted 16 May 1997

• Revision C – Local Law No. 1 of 1998 Effective 13 July 1998 (Airstrips in Commercial Zone)

• Revision D – Local Law No. 5 of 1998 Adopted 5 January 1999 (Definition -Adult Book Store)

• Revision E – Local Law No . 1 of 1999 Adopted 4 August 1999 (Telecommunication Towers)

• Revision F – Local Law No. I of2000 Adopled 11 April 2000 (Mobile Homes)

• Revision G – Loc<1I Law No. I of 200 I Adop1ed 11 July 200 I ([Vforalorium on Junk Yard Storage Facilities)

• Revision H – Local Law No. 2 of 2004 Adop1cd 30 June 2004 (Uniform Fire Prevention and Building Code, Sections 2, 6, 10, Remed ies)

• Revision I – Local Law No. 2 of2006 Adopted 7 September 2006 (Zoning l’vlap)

• Revision .J – Local Law No. l of 2007 Adopted 21 March 2007 (Uniform Fire Prevention and Building Code)

• Revision K – Local Law No. 2 of2007 Adopted 25 July 2007 (Prope11y Maintenance Code)

• Revision L – Local Law No. 6 of 2008 Adopted 16 July 2008 (Sustainable Independent Viemia)

• Revision M – Local Law No. 9 of 2008 Adopted 15 October 2008 (Definition – Fence)

• Revision N – Local Law No. 13 of 2008 Adopted 19 November 2008 (Accessory Uses and Structures Setbacks)

• Revision O – Local Law No. 7 of 2013 Adopted 4 September 2013 (Changes to Zoning Map and Various Amendments)

• Revision P- Local Law No. 3 of2016 Adopted 20 July 2016 (Adoption of Solar Energy Collection System and Exploration For or Extraction of Natural Gas and/or Petroleum and Various Amendments)

o Revision Q – Local Law No. 2 or 2017 /\dnptcd 4 Oc1obcr 2017 (C hanges to Dimensional

Requirements in the Shore Residential Zone)

• Revision R – Local Law No. 3 of 2018 Adopled 5 Oc1ober 2018 (Various Amendments)

• Revision S – Local Law No. x of 202x Adopted Systems and Other Various Amendments)

Section 130. Purpose

(Changes lo Solar Energy Collection

The purposes of this zoning law are to provide for orderly growth in accordance with a comprehensive plan; to lessen congestion in the streets; to secure safety from fire, flood and other dangers; to provide adequate light and air; to make provision for, so far as conditions may permit, the accommodation of alternative

energy systems; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and to promote the health, safety, and general welfare of the public.

This zoning law has been made with reasonable consideration, among other things, as to the character of each zone and its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use ofland throughout the Town of Vienna.

Section 140. Applicability

This law shall apply on its effective date to all uses which have not been substantially commenced, and structures which have not been substantially constructed, regardless of the status of permits or certificates of occupancy issued pursuant to the New York State Uniform Fire Prevention and Building Code.

ARTICLE 2. DEFINITIONS

Section 210. General

A. Except where specifically defined herein, all words used in this law shall carry tl1eir customaiy meanings. \Vords in the present tense include the future, words in the singular include the plural and the plural the singular, and the word ”. hall” is intended to be mandatory.

B. Any question as lo the precise meaning of any word used in this law may be appealed lo the Zoning Board or Appeals and clarified under their powers or interpretation.

Section 220. Specific Definitions

Specifically defined words are as follows:

Accessory Apartment: A dwelling unit located on the same lot as a single-family dYvelling, located within an accessory building. Such a dwelling is an accessory use to the single-family dw·elli ng.

Accessory Building: A building which is an accessory structure.

Accessory Structure: A structure incidental and subordinate to the principal structure and located on the same lot with such principal structure. Where an accessory structure is attached to the principal structure in a substantial manner, as by a \Vall or roof, such accessory structure shall be considered part of the main structure.

Accessory Use: A use incidental and suhorclinate to the principal use and located on the same lot with such principal use.

Acre: A measure of land area containing 43,560 square feet.

Adult Entertainment Use: An establishment of business whether retail or wholesale, having as a substantial or significant po1tion of its stock in trade, including, but not limited to books, sexual paraphernalia, magazines and/or other pe1iodicals, films or viewing materials for sale or viewing on premises, which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, and ,vhich establishment is customarily and usually not open to the public generally, but excludes any minor by reason of age.

Agricultural Use: The production, keeping or maintenance, for sale, lease or personal use, of plants and animals.

Agricultural Structure, Large: A structure used for agricultural purposes of 500 square feet or greater of ground coverage.

Agricultural Structure, Small: A structure used for agricultural purposes of less than 500 square feet of ground coverage.

Airstrip: The term airstrip and airport shall be considered interchangeable and are defined as any landing area used regularly by aircraft for receiving or discharging passengers or cargo, or for the landing and takeoff of aircraft being used for personal, private, or training purposes. For the purpose of this law, the term “Airstrip” refers to all airports, airstrips, heliports, seaplane bases, balloon ports, glider ports and other such general aviation facilities.

Airstrip, Personal Use: An airstrip used exclusively by the airstrip owner and the owner’s spouse, sons, and daughters.

Airstrip, Private Use: An airstrip used exclusively by the airstrip owner and persons authorized by such owner prior to their use.

Airstrip, Public Use: An airport available for aviation use by the public without a requirement for the prior approval of the owner or operator thereof, except as may be required by Federal Law or regulation.

Antenna, Accessory Facility: An accessory facility serving a telecommunications lower, subordinate in area , extent and purpose to the telecommunication tower, and located 011 the same lot as the tower. Examples of such facilities include transmission equipment and storage sheds.

Apartment, Accessory: See Accessory Apartment

Auction House: A place where objects of arl, furniture, and other goods are offered for sale to persons who bid on the objects in c.:ompetition with each other.

Biofuel: Flammable hydrocarbons derived from plant material or animal waste and used as fuel.

Building: Shelter having a roof supported by columns or walls and intended for the shelter or enclosure of persons, animals, or property.

Building, Accessory: See Accessory Building

Building ·Footpl”int: The area encompassed by a building’s outer wall at ground level.

Building Height: The vertical distance of a building measured from the mean of the highest and lowest exposed part of the foundation to the highest point of the roof.

Building Permit: A permit required for any work which must confonn to the Uniforn1 Code and/or the Energy Code, including, but not limited to, the construction, enlargement, alteration, improvement,

removal, relocation or demolition of any building or structure or any portion thereof, the installation of a solid fuel burning heating appliance, chimney or flue in any dwelling unit, and non-exempt solar systems.

Bulk Storage: The storage of chemicals, petroleum products and other materials in containers such as tank farms for subsequent distribution or resale to distributors or retail dealers or outlets.

Campg round: Land on which five or more campsites are located, established, or maintained as a licensed business for occupancy by camping units as temporary living quarters for recreation, education or vacation purposes.

Camping Unit: Any tent, lean-to, cabin or similar structure, houseboat, or recreational camping vehicle, excluding mobile homes, established or maintained and operated in a campground as temporary living quarters for recreation, education or vacation purposes.

Campsite: Any area of land within a campground intended for the exclusive occupancy of a single camp ing unit.

Certificate of Compliance: A ce1tification by the Zoning Officer that a lot, structure, or use of land has been developed in confonnity with an approved zoning permit or special use permit and/or complies with the provisions of this law, and may be occupied and used for the purposes specified in such zoning pennit and/or certificate of compliance.

Child Carr Fad lity: A c omm ercial estab li shment for care, sup erv is ion and other servic es t o child ren and whe re fees, tuition or ot her l<mns of comp e nsa ti on are charged and wher e such care is provided on a regular bas is by some one oth e r than a par ent , step-par ent, guar dian or rela ti ve \-Vit h i n t he third degree of consa ngui nit y of the parents of th e ch il d as regu lated by New York State.

Classified Stream : A stre am protect ed und er Ar ti cle 15 of the En vironmen t al Conse rva ti on La w.

Classified \Vatt-r body : /\ wa te rbody protecte d under Art icle 15 of the En vironm ental Conse rv ati on Law.

Clear Zone: A defin ed red angula r area beyond the e nd of the run way with a width i;:qual to the primary surface, which is clear ed, graded and free of obstructions to enhance safety.

Cluster Development : A form of development for single- fam il y residential subdivisions that permits a reduction in lot area requirements, provided there is no increase in the number of lots permitted under a conventional subdiv ision and the resultant land area is devoted to open space.

,md sel f-s t orag e faciliti es, and parking rac i lit ies. This def i n it ion shall 110t i nclud e Re111i l Sa /C’s and Service. Large and Retail 5’ales and Serl’i ce, Small.

Commercial Transient Lodging: An establishment with more than six bedrooms providing temp orary lodging for overnight guests for a fee. lncludes motel s, hotels, bed and breakfasts and cottage s, etc. with more than six bed rooms.

Commercial Use: Activity carried out for financial gain.

Commercial Wind Power Generating Facility: Wind generating facilities which generate original power on site to be transferred to a transmission system for distribution to customers. The definition of wind power generating facilities shall not include individual wind power generating facilities erected and used primarily for private use.

Condominium: A type of multi-family dwelling which is a building or group of buildings in which dwelling units are owned individually and the land/common areas are owned jointly by dwelling unit owners.

Contracting Equipment and Storage: Any area used for the outdoor storage of contracting equipment and building or construction materials.

Coverage: That portion of the lot that is covered by buildings and structures.

Dwelling, Single-family: A detached building used as living quarters by one family, not including manufactured homes.

Dwelling, Two-family: A building used as living quarters by two families living independently of each other.

Dwelling, Multi-family: A building used as living quarters by three or more families living independently of each other such as condomin iums , townhouses and apartmen ts .

Dwelling Unit: A si ngle unit providing complete , independent living fac ilities fo r one or more pe rsons, including permanent p rov isio ns for living, slee pi ng, eating, cooking and san ita tion .

Essential Fac ilities : The operation or ma int ena nc e by municipal agencies or public utilities of telephone cquipmenl cente rs; electrical or gas substations : water trea t men t, s to rage and trans mis s i on fac ili tie s; pumping s tati ons; and similar facili tie s.

Excavation, l\fajor: Any area of land used for the pmpose of extracting stone, sm1d, grave l or soil fc)r sale, as a commercial operation; or any excavation that results in excavated materials being removed from the site other than in conjunction with a pem1itted construction project on the site.

Family : One or more persons living , sleeping, cooking or eating on the same premises as a single house keeping unit.

Fence : An artificially constrncted barrier, including walls, pillars, gates, or earthen berms, regardless of cons truction , except those comprised of living plants, that is erected or maintained for the purpose of enclosing, separating, or screening land or st ructures.

Flag Lot: A lot hm·i ng the minimum area requ ired for a zone connected to a public road by a narrow chi vcway access st rip of land ha ving less than minimum frontage on that road. Als o called a ” pi pe s te rn” or ” fla g pole ” lot.

Flood Hazard Arca, Special: See Special Flood Hazard Area

Gross Leasable Area: The total floor area for which the tenant pays rent and which is designed for the tenant’s occupancy and exclusive use.

Hazardous and Toxic Materials: Any item or chemical which can cause harm to people, plants, or animals when released by spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping or disposing into the environment.

Home Based Business: A nonresidential, nonagricultural activity that is conducted for financial gain within a dwelling unit or in a building or structure accessory to a dwelling unit; and is clearly incidental and secondary to the use of the dwelling unit for residential purposes. Home based businesses shall not include motor vehicle repair operations.

Industrial Use: Any use larger than 20,000 square feet involving the act of storing, preparing for treatment, manufacturing, or assembling any article, substance or commodity.

Institutional Care Facility: A facility regulated by New York State providing health care and other services such as nursing, therapy, boarding and lodging to the aged, sick, infirm, handicapped, disabled or convalescent.

Junk: The outdoor storage or deposit of any of the following:

‘-‘·

Two or more “junk vehicles” as defined in this law;

One or more abandoned manufactured homes or recreational camping vehicles;

One or more inoperative, partially dismantled or abandoned all-terrain vehicles or snov.’111obiles (as defined in the New York State Vehicle and Traffic Law);

Two or more inoperable appliances including, but not limited to, lawn and garden mach ines , washers, drye rs, dishwashers, stoves, refr igera to rs, freezers and televisions;

Two or more inoperable pieces or equipment:

Five or more tires;

Two or more “junk boats” as defined in this la w;

Collection and storage or any second-hand or used material which, taken together , equal in bulk volume 500 cubic feet or more;

Any combinatil>n or two or more or any individual items listed i11 I . through 8. above.

Junkyar d:

I .

The outdoor storage or deposit of any of the following: Five or more junk vehicles;

Two or more abandoned mobile homes or recreational vehicles;

Tv,;o or more abandoned all-tenain vehicles or snowmobiles (as defined in the New York State Vehicle and Traffic Law);

Five or more inoperable appliances including, but not limited to, lawn and garden machines, washers, dryers, dishwashers, stoves, refrigerators, freezers and televisions;

Five or more inoperable pieces of equipment; Nine or more tires;

Five or more junk boats;

Collection and storage of any second-hand or used material which, taken together , equal in bulk volume 2000 cubic leet or more;

9. /\11y combination of the above that totals five items.

This definition of junkyard shall not be construed to include the on-premise storage and maintenance of motor vehicles, machinery and equipment being actively used in the business of fanning, logging or contracting. This definition shall not be construed to include the parking an<l storage of motor vehicles in connection with a New York State licensed new and/or used car business or a bona fide motor vehicle repair business and the parking or not to exceed ten vehicles in the process of waiting for repairs.

Junk Boat: Any boat or device intended to float on water which meets all of the follov-1ing conditions:

1. Its registration, if applicable, has expired;

2. It is either abandoned, wrecked, stored unsupported on the ground, discarded, dismantled or partly dismantled;

3. It is not in a condition suitable for use on the water.

With respect to boats not required to be registered, the fact that such boat has remained unused for more than one year and meets conditions 2 and 3 above shall be presumptive evidence that such boat is a junk boat.

Junk Storage Area: The area of any parcel of land intended to be used for the placement or storage of junk.

1. Its registration has expired;

2. It is either abandoned, wrecked, stored, discarded, dismantled, or partly dismantled;

3. It is not in any condition for legal use upon the public highway.

With respect to any motor vehicle not required to be licensed or motor vehicle not usually used on public highways, the fact that such motor vehicle has remained unused for more than six months and is not in condition to be removed under its own power shall be presumptive evidence that such motor vehicle is a junk vehicle.

Land: Any area of the earth’s surface, including areas covered by wa te r.

Large Animals: Horses, cows, sheep, goats, llamas, deer, pigs, and similarly sized farm or zoo animals.

Large Manufacturing and Industrial Use: A use larger than 2,000 square feet, engaged in the manufacture of products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales, and distribution of such prod uc ts , but excluding the production of metals, chemicals, and petroleum products from raw materials.

Operating License: Written pem1ission to operate a business for a specified period of time, granted upon approval of a special use permit by the Planning Board, which is rene,v, a ble upon certification that such business has been operated in compliance with this law.

Lot: A designated parcel or tract of land establisbed by plat, subdivision, or as otherwise permitted by law, to be used, developed or built upon as a unit.

Lot Coverage: That portion of the lot that is covered by buildings and structures.

Lot Depth: The greatest distan e between the li·unt lot line and the rear lot line measured along a straight line perpendicular to the front lot line.

Lot Frontage: The length of the front lot line measmed as a straight line between each end of the front lot line.

Lot Line: A line ofrecord bounding a lot which divides one lot from another lot or from a public or private road or any other public space.

Lot Line, Front: The lot line separating a lot from a public road or private road. On a flag lot, the interior lot line most parallel to and nearest the road from which access is obtained. Where a road right-of-way is not established or is irregularly shaped, the front lot line shall be considered to be a line parallel to and 25 feet from the centerline or the road pavement of county, town and private roads or 35 feet from the centerline of the road pavement of state roads.

Lot Line, Rear: The lot line opposite and most distant from the front lot line. In the case of triangular or otherwise irregularly shaped lots, a line ten feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line.

Lot Line, Side: Any lot line other than a front or rear lot line.

Lot of Record: A lot for which a valid conveyance has been recorded in the Office of the County Clerk prior to the effective date of the Town of Vienna Subdivision Regulations; or, is either part of a subdivision plat approved by the Planning Board and filed in the County Clerk’s office, or was exempt from the Town of Vienna Subdivision Regulations at the time of recording with the County Clerk.

Lot Size: The total area within the lot lines of a lot, excluding any road rights-of-way.

Lot Width: The greatest distance between side lot lines.

Manufacturing: Establishments engaged in the mechanical or chemical transformation of materials or substan ces into new produ cts , includ i ng the assemb lin g of component part s, the manufacturing of prod ncts , and the blending of materials.

Manufacturing Use, Large : A use larger than 4,000 square feet and no greater than 20 ,000 square feet engaged in the manufacture of products or parts, in c l ud ing processing, fabr ic at ion, assembly, trea tm ent, pac kagi ng, incidental storage , sa le s , and distribution of such produc ts , but exclud in g the production of metals, chemi cals, and petroleum products from raw ma terials.

Manufacturing Usl’, Small: A use 4,000 squar e fee t or less engaged in the manufacture of produc ts or pa rts, including processing, fabr icati on, as sembl y, treatment, packaging, incidental storage, sales, and distribution or such products, but excluding the production of metals, chemicals , and petroleum products from raw materials.

Marina: A commercial facility for the stori ng, serv1cmg, fueling, berthing and/or securing of pleasure boats.

Metes-and-Bounds: A method of describ i ng the boundaries of land by directions and distances from a known point of reference .

Mining: The extraction for commerc ial purp oses or s ol id minerals, such as gravel, sand and ores.

Manufactured Home: A struc ture, tra11spo11able in one or more sections, which is at least 8 feet in wid th and 32 feet in length, which is built on a permanent chassis and designed to be used as a dwelling unit, with or without a pennanent foundation when connected to the required utilities.

A manufactured home shall be construed to remain a manufactured home, subject to all regulations applying thereto, whether or not wheels, axles , hitch, or other appurtenances of mobility are removed and regardless of the nature of the foundation provided. This definition shall not be construed to include factory

manufactured homes known as “modular homes” bearing an insignia issued by the State Fire Prevention and Building Code Council as required in 9 NYCRR 1212.

Manufactured Home Park: Land on which are located, or which is maintained for use by two or more manufactured homes.

Manufactured Home Site: An area of land in a manufactured home park intended for the exclusive occupancy of a single manufactured home.

Motel: An establishment providing commercial transient lodging containing six or more rooms with not less than 25 percent of all rooms having direct access to the outside without the necessity of passing through the main lobby of the building.

Motor Vehicle Repair Operation: Any building, premises, and land in which or upon which a business, sen 1ice, or industry involving the maintenance, servicing, repair, or painting of vehicles is conducted or rendered.

Motorized Vehicle Park: A tract of land with trails for recreational use by all terrain vehicles, motorcycles, snowmobiles, or trucks operated for commercial purposes or as a private club.

Natural Gas: Methane and any gaseous substance, either combustible or non-combustible, which is produced in a natural state from the earth and which maintains a gaseous or rarified state at standard temperature and prcssnrc cnn cliti ons, and/or gaseous components or vapors occurring in or derived from petroleum or other hydrocarbons.

Natural Gas and/or Petroleum Exploration: Geologic or geophysical activities related lo the search fen Natural Gas, petroleum, or other sub surfac e hydrocarbons, including pros pec ti ng, geophysical and geologic seismic survey i ng and sampling techni que s, which include but are not limited to core or rotary drilling or making an excavation iu the search for and evaluation of Na tm a l Gas, petroleum, or other subsurface hydrocarbon deposits.

Natural Gas and/or J>etrnleum Extraction: The digging or drilling or a ,veil for the purposes or exploring for, deve lo pin g, or producing Natural Gas , petroleum or other subsurface hyd rocarb ons, including \.Yithout limitation, any and all fonns of shale fracturing.

Natural Gas and/or Petroleum Exploration and Production Materials: Any solid, semi-solid, liquid, semi-liquid or gaseous material used in the exploration or extraction ofNatural Gas.

Natural Gas Exploration and/or Petroleum Production Wastes: Any garbage, refose, cuttings, sludge, flow-back fluids, brine, produced waters, or other discarded materials, including solid, liquid, semi-solid, or contained gaseous material that results from or is associated with the explorat ion, dri llin g, or extraction of Natural Gas and 1or petroleum and any related hyd rocarbons, and any nahtral or non natural rad ioactive , carci nogenic , or toxic chemic als or compounds (herein, “Deleterious Sub stance s”) used in or for, occurring or arising from, relating to, or produced by any process or operation relating to the exploration for or the extraction or production of, or the processing, treatment, or transportation of, Natural Gas, petroleum, or any related hydrocarbons, regardless or whether such Delete1ious Substances lrnYe been excepted or exempted from the coverage of any federal or state environmental protection laws, or have been excepted from statutory or regulatory definitions of “industrial waste, ” “hazardous,” or “toxic,” and regardless of whether considered or classified as “waste” or of a below-regulatory concern level. This definition specifically intends to include some wastes that may otherwise be classified as “solid wastes which are not hazardous wastes” under 40 C.F.R. § 261.4(6). “Deleterious Substances•·

shall also include, but not be limited to, crude oil and Natural Gas drilling fluids and their exploration, drilling, production, and processing wastes, such as, but not limited to fracturing fluids, brine, produced water, flowback water, waste oils, waste emulsified oils, mud and drilling or lubricating mud, contaminated soils, drill cuttings, fracture fluid holding pit or tank contents, sediments or residues, or any of the foregoing whenever transformed into any other liquid, solid or gaseous state by any process.

Natural Gas and/or Petroleum Support Activities: The construction, use, or maintenance of a storage or staging yard, a water or fluid injection station, a water or fluid gathering station, a Natural Gas or petroleum storage facility, a brine or fracturing/flowback water pit or other enclosed or semi-enclosed container or construct, or a Natural Gas or petroleum gathering line, venting station, compressor, dehydrator, or other appurtenance associated with the exploration or extraction of Natural Gas, petroleum, or any related hydrocarbons.

New York State Unified Solar Permit: A combined building and electrical and zoning permit for a roof mounted and grid tied solar electric system, consistent in format, specifications and general process, as modified and adopted, with those of other municipalities that have adopted the New York State expedited solar permit process.

!a, v,; which does not conform to the regulations of the zone in which it is located following the enactment or amendment of this law.

Office Building, Large: A huilcling of over 2,000 square feet of gross floor area used primarily for con ducting the a ffa i rs of a busi ness, profession, service, i ndustr y or governmen t, or like activity, that may include ancill ary servic es ror office worker s.

Office Building, Sma ll: A building of 2,000 square feet or Jess of gross floor area used primaril y [or con ducting the affairs of a busin ess, profess ion, ervice, i ndus t ry or government, or like activity.

Outdoor Recreation and Entertainment Facility: An ou tdoor facility ope ra te d as a business and open lo the public for a fee, including, but not limited lo, concert faci liti es, golf courses, golf driving range s, paint ball facilities, archery or shooting ranges.

Outdom· Storage Fa cility : Storage of three or more of any combination of automobiles, boats, recreational camping vehicles, or trailers not owned by a resident of the property on \vhich they are stored.

Overlay Zone: A zoning district that encompasses one or more underlying zones and that imposes additional requirements above that required by the underlying zone.

Park Mode l: A recreational camping vehicle that as originally manufactured mnst be connected to site power in order to power in stalled app liance s. Designed for temporar y or seasonal liYing, park mod el rec reati on:.il vehicl e s ha ve a blue and gold Recreational Veh icle Indu s t ry Associati on (RVL-\) seal (older models have a green Recreational Park Trailer Indu s t ry Associa ti on (RPTIA) seal) affixed lo tbc right of the main door of the unit.

Passive Solar Collector: Any strnc ture, building ma terial , or property use whose specific design allo,vs it to collect solar electric or solar thermal energ y as a secondary function to its primary purpose.

Permit, Special Use: See Special Use Permit

Permit, Zoning: See Zoning Permit

Plat: A map of a subdivided tract of land showing the boundaries and location of individual properties and roads.

Planning Board: The Town of Vienna Planning Board.

Principal Structure: A structure through which the principal use of the lot on which it is located is conducted.

Principal Use: The primary or predominant use of any lot.

Private Roof-mounted \\’ind Turbine: An individual wind turbine used to generate power for on-site use by the property owner, mounted on the principal building’s roof and with a maximum height no greater than ten feet.

Private Wind Turbine Tower: An individual wind turbine tower used to generate power primarily for on site use by the property ovmer.

Public and Semi-Public Facility: Any one or more of the following uses , including grounds and accessory building s necessary for their use: playgrounds and recreational areas; schools; public libraries; fire, ambulance and public safety buildings ; and public meeting halls, municipal build ings , emergency centers, and community centers.

Recreational Camping Vehicle: J\ny enclosed motor vehide or trailer use d or designed lo be used lor recreational travel and temporary living and/ or sleeping purpose s including motor homes, truck campers, camping tra ile rs, campe rs , park models, tra ve l trailer s, pop-u p t rai lers, tent tra il e rs, over-night trailers, and ‘ t in y houses’ built outo t rai le rs.

Religious Institution: A church , synagogue, temple or mosque or place oC worship of a le gall y recog nized religion or religious ins tit ution and minor accessory uses, but not including parish houses.

Retail Sales and Service: A commercial establishment engaged in selling goods or merchandise to the general public for personal or household consumption; or providing retail services or ente1tainment to the general public such as eating and drinking establishments, finance, real estate and ins urance, personal services, amusement and recreational services, auction houses, health , educational and social services; and not including sales and service for new and used automobiles, trucks , mobile homes, boats, recreational vehicles, fann imple ments, tree nurseries and other large items stored outdoors for retail sales.

Retail Sales and Service, Large: A retail sales and service establishment of between 2,001 to 10,000 square feel or gross flo o r area of a single building or a com binati o n of buildings.

Retail Sales and Service, Small: /\ re tail s ales and service csta blis bmc nt o f 2,000 sq uare feet or lcs of gross floor area of a single building or a combination of bui lding s.

Road, Private: A.ny drive\vay, right-of-way, or vehicular access which is not intended to be used by the pub lic .

Road, Public: Any vehicular way which 1) is a state, county of town roadway; or 2) is shown upon a plat approved pursuant to la\v as a public road; or 3) is approved by other official action; or 4) is shown on a plat

duly filed in the office of the County Clerk prior to the grant of plat approval authority to the Planning Board (August 1, 1993) and includes the land between road lines, whether improved or unimproved.

Road-Side Stand: Temporary retail sales facilities used primarily for selling seasonal agricultural and non agricultural produce. (see: Town of Vienna Hawkers, Peddlers, and Solicitors Ordinance).

Road Line: The right-of-way line of a road as dedicated by a deed, record, or plat. Where the width of the road is not established , the road line shall be considered to be 25 feet from the center line of the road pavement for town and county roads or 35 feet from the center line of the road pavement for state roads.

Sawmill: A nonportable manufacturing facility where logs are processed into lumber, firewood, woodchips, shavings, or mulch, including the on-site storage of any materials used in the manufacturing process.

Self-storage facilities: A structure containing separate, individual, and private storage spaces leased or rented on individual leases for varying periods of time .

Setback: The distance between a lot line, road line or the mean high water line of a body of water and a building or structure.

Setback, Front: The distance from the road line to that part of a building or structure which is nearest to such road line. If a lot adjo ins two or more roads, a front setback shall be measured from each.

Setback , Rear : The distance from a rear lot l i ne to th at pa11 of a bui ld in g or s t ructm e which is nearest to such lot l ine.

Setback, Side: The d istanc e from a side lot lin e lo tha t part of a building or structure which is nearest to suc h lot li ne.

Sign: Any material, structure or dev ic e, or pa rt thereof, composed of lelle red or pictorial ma tte r which is locat ed ou t- of-doors, or 011 t he exterior of an y build i ng, or ind oors as a win dow s ign, d ispl a yi ng an adverti sement, ann oun cement, notice or name, and shal l in c lud e any decla ration, demonstration, dis play, re pre sentat ion, illustration or i ns ignia used to adv ertis e or promote the interests or any pe rs on or business or cause when such is placed in view of the general public.

Sign, Off Premis es: A sign advertisi ng a busine ss which is not located on the lot on wh ic h the sign is located.

Solar Collector: Any stat ionary or portable surface used to capture solar radiation for the purpose of converting it into ele ct ric i ty or int o therm a l e nerg y used to heat liquids or gases for space heating, water healing or an y other purpose.

Solar Concentrating Dn ·iccs: A dev ice used to focus or re flect s olar radi at ion ont o a solar coll e ctor.

.i\.n y coll ec ti on of conce ntra ti ng cle\·iccs on a sin gle Int shall he consid ered a si ngle de \·iec for zonin g purposes.

Solar Electric Em·rgy System : The compo nent s and subsystems required to convert solar energ y into electric energy suitable for use . The term incluclcs, but is not limited to, solar panels and solar energy equipment. The area of a solar electric energy system includes all the land inside the perimeter of the solar electric energy system, which extends to any interconnected equipment. A solar electric energy system is classified as a Tier I , Tier 2, or Tier 3 solar electric energy system as follows:

A. Tier 1 solar energy systems include the following:

(1) Roof mounted solar electric energy systems.

(2) Building integrated solar electric energy systems.

B. Tier 2 solar electric energy systems including ground mounted solar electric energy systems with system capacity up to 25 kW AC.

C. Tier 3 solar electric energy systems are systems that are not included in the list for Tier 1 and Tier

2 solar electric energy systems.

Solar Thermal System: A solar collector, which converts solar radiation into thermal energy by heating a liquid or a gas. For zoning purposes, these systems are classified as:

Micro Solar Thermal Systems: Any system having a cumulative 145 sq. ft. of collector area or less.

Small Scale Solar Thermal Systems: A roof/wall mounted system with a cumulative collector area of greater than 145 sq. fa. and less than 2,000 sq. ft. and not exceeding the roof outline or a ground mounted system with a cumulative collector area greater than 145 sq. ft. and less than 2,000 sq. ft.

Large Scale Solar Thermal Systems: A system having a collector area of 2,000 sq. ft. or greater.

Solid or Hazardous \Vastc Facility: A fac ilit y, of an y s ize or capaci ty, such as a l and fi ll, i ncinera tor, t ran sfer station, wast e process i ng fac i lit y, compo sting facil ity , regulated medical waste faci lity, recyclab les fac ilit y. waste tir e facility or other fac ilit y similar Lo those regu l ated by NYCRR Part 360 and Part 373, used for the storage , treatmen t, processing or transformation of waste materials.

Special Flood Hazard Area: Land in the lloocl plain sub ject lo a one percent or greate r chance or flooding in any gi ven year. It in cl udes the ar ea s hown on the Flood I ns u rance Rate Map as Zone A, A E, AO, A I-I . and A I to A99.

Special Use Permit: A permit for special uses which must be approved by the Planning Board, granting permission to the Zoning Officer to issue a zoning pennit.

Special Use: A use of land which requires review and approval of the Planning Board prior to the issuance of a special use pennit by the Planning Board or a zoning pe1mit by the Zoning Officer.

Storage Vehicle : Any bus, van , travel trailer, semi-trailer, truck trailer, or mobile trailer of any kind used for storage.

Structurc: A ny t h i ng cons truc te d or erected, the us e of which requires lo c a t ion o n t he ground , nr atta c h ment to some thi ng locate d Pn the ground.

Structure, Accessory: See Accesso1 y Structure

Structure, Principal: See Principal Structure

Telecommunications Tower: A structure, other than a ground dish antenna , on which transmitting and /or receiving antenna are located .

Tourist Home: An establishment that provides temporary transient lodging in a residential setting to overnight guests for a fee and having ‘no more than six guest sleeping rooms. May also be called a boarding house, cottage or “bed-and-breakfast,” having no more than six guest sleeping rooms.

Townhouse : A type of multi family dwelling in which each unit has its own front and rear access to the outside but no unit is over another and each unit is separated from another by one or more common, fire resistant wall.

Use: The purpose or activity for which land or structures are designed, arranged, or intended, or for which land or structures are occupied or maintained.

Use, Accessory: See Accessory Use Use, Commercial: See Commercial Use Use, Principal: See Principal Use

Use, Special: See Special Use

Variance: Any departure from the strict letter of this law granted by the Zoning Board of Appeals as it applies to a particular piece of property.

, v archous i ng : Terminal fac iliti es for handling freight with or wit hout ma i n te nan ce fac il i ties, and ])ui ld i ngs us ed primarily for the st orage of” goods and ma te rials; not including contracting storage .

Wholesale T rade : Es ta bl is hm ent s or places o r bus i nes s primarily eng aged in selli ng merchand is e to retail ers; to i ndu st rial, c ommercia l, institutional, or pro rcssiona l business users, or to other wholesalers; or acting as agents or brokers and buyin g merc handi s e for, or se ll ing merchandise to , such individuals or com panies .

Zoning Board of Appeals: A board appointed by the Town Board pursuant to Section 267 or the Town Law to hear and decide appeals of this law .

Zoning Permit: A permit issued by the Zoning Enforcement Officer ce1tifying that all plans for the use and development of land comply with the regulations of this law, and granting pem1iss ion to commence devel opment activities in confo rmi ty with the conditions of the approved permit.

Zoning Enforcement Officer: Any person appointed by the Town Board to enforce the provisions of this law.

ARTICLE 3. ESTABLISHMENT OF ZONES

Section 310. Types of Zones

For the purpose ofthis law, the Town of Vienna is hereby divided into the following zones:

WR WA WB RR-3 RR-2 RR-1 SR HR HC C

– Water Resources

– Source Protection Overlay Zone (Groundwater Protection Overlay Zone)

– Recharge Protection Overlay Zone (Groundwater Protection Overlay Zone)

– Low Density Rural Residential

– Moderate Density Rural Residential

– High Density Rural Residential

– Shore Residential

– Hamlet Residential

– Hamlet Center Commercial

– Industrial

Section 320. Zoning Map

Said zones are shown, defined and bounded on the map accompanying this law entitled “Zoning Map,” dated September 18, 1991 and revised March 16, 1994, April 23, 1997 and September 4, 2013 and filed in the office of the Town Cle rk, which map and all explanatory matter thereon is by this reference incorporated into this law.

Section 330. I nterpretat ion of Zone Boundaries

A. Where uncertainty exists with respect to the boundaries of the various zones, as shown on the zon ing map, the following rules shall apply:

I. · w he re the designation on the zoning map indicates a boundary approximately upon a road, the centerline of the road shall be construed to be the boundary .

2. ·where the designation on the zoning map indicates a boundaiy approximately upon a lot line, such lot line shall be construed to be the boundary.

3. Distances shown on the zoning map are perpendicular distances from road centerlines measured to the zone boundary , which boundaties in all cases where distances are given are parallel to the road center line .

4. In other cases the zone boundary shall be detennined by the use of the scale on the zoning map.

B. In the event that a metes-and-bounds description has been filed for a zone change or a variance as required by this law, such metes-and-bounds description may be used in lieu of other provisions of this section .

C. Where a zone boundary divides a lot of record at the time such boundary is adopted , the zone requirements of the least restrictive portion of such lot shall extend 40 feet into the more restrictive portion of the lot.

ARTICLE 4. ZONE REGULATIONS

Section 410. General

All uses and structures requiring a zoning permit shall conform to the regulations of this article which correspond to the zone in which the activity is situated.

Section 420. Schedule A: D’ IR ts for Z

ZONE: WR RR-3 RRs2 RR-I SR HR BC C I

Lot size minimum:

acres square feet 3

— 3

— 2

— 1

— —

30,000 —

20,000 —

8,000

8,000 —

—

Lot frontage minimum , feet: State road

¼ of lot width or 250′, whichever is greater

250

100

250

Other road ¼ of lot width or 200′, whichever is greater 100 100 60 60 250

Pri ncipleStructure mini mum, feet *:Setbacks

fi·ont :

side 40

40 40

30 40

25 1 0% of lot depth 1 5% or lot l 5

10 ]5

10 l:i

10 100

width

rear 40 40 30 2:’i 20 10 IO 10 50

PrincipleStructureSetbacks

maximum, feel :n/an/an/an/an/a

front353535

one side20**20**25**

Lot coverage maximum , m percent JO 20 20 25 25 50 on lots smaller than 10.000

S. f.

35 l.HI all other 40 40 25

Building footprint maximum , ft. n.la n/a n/a n/ a n/a 6,000 6,000 10,000 n/a

Building height maximum 35′ 35′ 35′ 35′ 35′ 35′ 35′ 35′ 35′

Dwelling and mobile home minimum width, feet (except 14 14 14 14 22 22 22 22 n/a

ZONE : WR RR-3 RR-2 RR- I SR HR HC C I

additions, mobile home parks and campgrounds).

*minimum setbacks from lot lines for accessory uses and structures are provided in Section 595

**applies to one of the side setbacks only- the side to which standard applies may be chosen by the applicant

Zones:

WR RR-3 RR-2 RR-I SR HR HC C

= Water Resources

= Low-Density Rural Residential

= Moderate-Density Rural Residential

= High-Density Rural Residential

= Shore Residential Hamlet Residential

= Hamlet Center

= Commercial

= Indu strial

Section 430. Schedule B: Permitted Uses in Zones

ZONE:WRRR-3RR-2I RR-1SRHRH€CI f,

Accessory Apartment z z z z z z z z —

Accessory Use or Structure (In all zones as required by principal use)

Adult Entertainment — — — — – — – SP —

Agricultural Structure, Large z z z z SP SP — z SP

Agricultural Structure, Small z z z z z z – z z

Airstrip SP SP SP SP SP – — SP SP

Bulle Storage — — — — — — — SP SP

Campground SP SP SP SP SP — — SP —

Child Care Facility SP SP SP SP SP SP SP SP SP

Conunercial Sales and Service — — — — — — — SP —

Commercial Transient Lodging SP SP SP SP SP SP SP SP SP

Commercial Wind Power Generating Facilities — SP — — — — — — —

Cont ract ing Equi pment and Storage SP S I’ SP SP SP — SI’ SI’ SP

Dwelling, Multi-Family SP SP SP SP SJ> S P SP SP —

Dwellin g, Single-Family z z z z z z z z —

Dwell ing, Two-Fam il y S I’ z z z z z z z —

Essentia l Facilitic;; Sl’ SP SP SP SP SP SI’ SP SP

Excava ti on, Major SP SP SP SP SP SP SJ> SP SP

Fence (As required by Section 517)

Home Based Business z z z z z z z z —

institutional Care Facility SP SI’ SP SP SP SP SP SP —

Junkyard — — — — — — — — —

Industrial Use — — — — — — — — SP

Marina SP — — — SP SP SI’ SP —

Mi ning SP SP SI’ SP SP SP SP SP SP

Man ufac t ured Home z z z z z z — z —

Manufactured Home Park — SP SP SP SP* — — — —

:Manufacturing Use, LargeSPSPSP

l’vlanu factur ing Use, SmallSPSPSPSPSPSP

rviotorized Vehicle Park SP SP SP SP — — — SP SP

Office Building, Large — — — — — — SP SP —

Z0NE: WR RR-3 RR-2 I RR-I SR HR HC C I

Office Building, Small SP SP SP SP SP — SP SP SP

Outdoor Recreation and Entertainment Facility SP SP SP SP — — — SP SP

Private Roof-mounted Wind Turbine As required by Section 1310

Private Wind Turbine Tower As required by Section 1320

Public and Semi-Public Facility SP SP SP SP SP SP SP SP —

Religious Institution SP SP SP SP SP SP SP SP SP

Retail Sales and Service, Large SP — SP SP SP — SP SP —

Retail Sales and Service, Small SP SP SP SP SP — SP SP —

Sawmill — SP SP — — — — — SP

Signs, Non-Exempt z z z z z z z z z

Small Manufacturing Use SP SP SP SP — — SP SP SP

Solar Electric Energy Collection System, Tier 1 Allowed in all zones

Solar Electric Energy Collection System, Tier 2 z z z z SP SP SP SP SP

Solar Elcc.;tri c.; Energy Coll e cti on Sys te m, Tier 3 SP SP SP SP – – – – –

Solar Thermal Energy Collec ti on Systi:111, Micro Allowed in all zones

Solar Thennal Energy Colle ction System, Small Scale Building

Mount ed A llowed in all zones

Solar Thennal Energy Co llecti on System, Small Scale Ground Mounted z z z z SP SP SP SP SP

Solar Thcnnal Energy Collection System, Large Scale SP SP SP SP — — — — SP

Solid /Hazardou s Was te Facility — — — — — — — — SP

Telecommunications Tower SP SP SP SP — — — SP SP

Tourist Home SP SP SP SP SP SP SP SP —

T ownhouse S P SP SP SP SP SP SP SP —

Warehousing — — — — — — — SP SP

\Vholesale Trade — — — — — — — SP SP

z =

SP=

S P* =

Pennitted use with zoning permit required from Zoning Officer. Permitted use witb special use permit required from Planning Board. Pennirted use with special use permit required from Planning Board if public water and sewer are available.

Zones:

WR = Water Resources

RR-3 = Low-Density Rural Residential

RR-2 = Moderate-Density Rural Residential RR-I = High -Density Rural Residential

SR = Shore Residential

HR = Hamlet Residential

HC = Hamlet Center

C = Co=ercial

I = Industrial

Section 440. Industrial (I) Zone

A. An Industrial (I) zone may be established within an existing RR-2, RR-3, or C zone upon amend ment of the zoning map as referred to in Section 320 of this law. Industrial zones shall be a minimum of five acres in size, and development therein shall meet the following criteria:

1. Front yards shall be free of all fencing, parking areas, and structures of any kind. Front yards shall contain only vegetation and access drives.

2. All uses shall be housed in fully enclosed buildings unless adequately screened from public view .

3. All vehicular storage areas and other open storag e areas shall be located in eit her side or rear yards, and shall be adequately screened from public view.

4. The im pe rv io us surface area or any l o t shall be mi nim ize d and shall in 110 case exceed 75 per cent or the lot area.

5. Exterior lighting proposed for any site shall be planned , eredcd and maintained so that t he light is confined to the property and will nol casl direct light or glare upon properties in adjacent r ropert ie s or upon public roads. Under no circumstances shall light levels at lot lines adjacent to residential zones or at public road lines exceed 0.6 foot-candles, measure at ground level. No light source shall be higher than 20 feet.

6. The exteriors of all buildings and structures shall be subdued colors, or may be unpainted masonry or natural mater ials.

7. Emissions of smoke, dust and other particulate matter, and of toxic and noxious gases shall meet or exceed all New York State and fede al standards.

8. No development or use shall create off-site vihration impac ts , discernible without inst rum ents at the property line of the affected use.

9. Heat, glare and/or steam produced by any activity shall not intrude beyond the boundary lines of the district within which the use is located. Building materials with high light reflective qualities shall not be used in constrnction of buildings so that reflected sunlight will not throw intense glare on area s surrounding the industrial zone.

10. Noise and sound levels within industrial zones shall not exceed levels established by noise control regulations of New York State .

11. All utilities necessary to adequately support the development or use, including water and sewage, and their associated costs shall be borne by the applicant or developer.

B. The following are the procedural steps that shall be followed when applying for an Industrial zone:

1. A party considering making an application for the creation of an Industrial Zone shall first meet \vith the Town Board to present their preliminary proposal for the location and development of the zone. Based on the results of this meeting, the applicant will decide whether to proceed with a formal application or not.

2. Application for establishment of an Industrial zone shall be made to the Zoning Enforcement Officer along with the appropriate filing fee paid to the town clerk. The Zoning Enforcement Officer shall forward the application to the planning board within five days of receipt.

3. Within 62 days of the acceptance of a completed application by the planning board, the plan ning board shall report its recommendations to the town board. The recommendations shall address the following findings:

a. The zone proposed will not be detrimental to present and potential surrounding uses .

b. Land surrounding the proposed development is compatible in use and can be planned in coordination with the proposed zone.

c. The proposed change is in co nforma nce with the gene ral int e nt of the comprehen si \·e plan for the comm uni ty.

d. Ex is ti ng and proposed roads are sui tab le and adequate to carr y anticipated traffic within and around the proposed zone .

e. Exis ti ng and proposed utility services are adequate for the proposed zone.

4. Within 62 da ys of” t he planning board report, the town board sha ll hold a public hea1ing on t he proposal lo rezone.

5. Within 62 days or the public hearing, the town board shall take action lo approve or disapprove the rezoning proposal.

ARTICLE 5. GENERAL REGULATJONS

Section 505. Home Based Businesses

A. Home based bus i ne sses require a zon ing pe1mit if the y exceed any oftbe following criteria:

1 . one non-p rope rt y resid ent is e m ployed ;

2. total floor area devoted to the bus in e ss exceeds 1,000 square feet;

3. two customers or clients are present on the site at one tim e .

B. Home-based businesses (exceeding the thresholds in Section 505.a) which reqmre a zonmg pem1it shall be subject to the follo-wing standards:

1. Businesses shall only be operated in single family dwellings.

2. Operation shall be limited to the interior of a building.

3. The exterior of a building containing a home-based business shall not be altered to accommodate the business.

4. One on-premises sign not to exceed six square feet shall be allowed.

5. Excessive noise, glare, vibrations, and/or electronic and microwave interference with radios, TVs and other household appliances shall not be produced.

6. Hours of operation shall be limited to 6 a.m. – 9 p.m. Monday through Saturday, and 7a.m. – 8 p.m. on Sundays.

7. All parking shall be provided on-site in accordance with Article 17, and there shall be no on-street parking.

8. The business shall employ a maximum of three people.

C. Motor vehicle repair operations shall not be conducted as home based businesses.

D. Businesses that exceed the thresholds established in Section 505.b shall require special use permits in accordance with Section 430.

Section 509. Multiple Uses on a Single Lot or Pared

A. On l y one si ng le – fam il y dwe ll ing is allo wed per lot. Two or more sin gle – fam il y dwe lli ngs may be all owed on a sing le lo t afte r receipt of a specia l us e pe rmit where each dw elling is s u pporte d by land of s ize and configuration allowing for sub divi s io n s o that eac h dwe ll ing ma y have its own conform i ng lot.

B. Only one, t vo- fam il y dwelling is allowed per lot on lots of minimum siz e for the zone where lo c ate d and must additio na lly ha ve at le ast 7,500 square feet of outside area for each dwelling unit.

C’. Multifamily dwe llings are alloweJ with only one principal structure or use per lot. Lots must be of minimum size for the zone where located and must additionally have at le as t 2,000 to 4,000 square feet (as mandated by the planning board) per each dwelling unit after the first two . Any parking in front ofbuildings shall be screened from the road.

D. t\1fi xed uses using a single st ru c ture on a single lot are allowed provided that appropriate permits are obtained for each use.

E. M ixe d us e s o n a sin gle Jo t rcgum ng separa te st ru ct ur e s arc all o wed proYi ded that appropr iate permits are obtained for each use. Jf the lot is intended to be subdivided in the future , the lot shall have ample area and structures shall be located to allow creation of lots that comply ·with this law.

Section 510. Manufactured Homes

A. All manufactured homes shall be in compliance with standards equal to or more stringent than the

U. S. Department of Housing and Urban Developmen t (HUD) .Manufa ctured Home Construction and Safety Standards and the New York Uniform Fire Prevention and Building Code. The

applicant is responsible for providing adequate evidence that these standards have been complied with. The presence of a permanent certification label affixed to the manufactured home by the manufacturer shall be presumptive evidence that the construction of a manufactured home is in compliance with such standards.

B. Manufactured homes shall not be used for nonresidential purposes.

C. All manufactured homes shall meet U.S. H.U.D. requirements.

Manufactured homes located within Town licensed manufactured home parks (Article 11) and temporary manufactured homes approved pursuant to Section 2010 of this law shall not be subject to above requirements B and C.

Section 515. Accessory Apartments

A. No more than one accessory apartment shall be allowed for each dwelling unit.

B. Each accessory apartment shall be a maximum of35% of the total floor area of the principal dwell ing unit or 1,000 square feet, whichever is Jess.

C. If separate entrance to the accesso1y apartment is provided, such separate entrance shall be to the side or rear of the building.

D. Lot size and dimensions shall conrorm to the zone in which the dwelling is situated.

Section 517. J<‘cnces

/\. A.II fences must be kept in good condition and appearance, free from graffiti, refuse , and debris.

B. The finished side or all fences shall lace neighboring properties.

C. All fences must be setback a minimum one and one half foct from lot lines, except in HC, HR, SR, and C zones, where they may be placed on lot Jines by a zoning permit. Such pennit shall be renewed every ten years. Location of fences in no way indicates legal property boundaries.

D. All gates and moveable fence parts shall open into the owner’s property.

E. No fence shall exceed six feet in height measured from the ground in HC, HR zones and eight feet in height measured from the ground in all other zones , except as authorized by special use pem1it.

F. No fence shall be constructed out or hazardous materials. concertina wire. or razor wire. except as authorized by special use permit.

G. No electtic fences shall be allowed, except commercially available electric fences installed m accordance with the manufacturer’s specifications and used for agricultural purposes.

H. Fences designed for temporary use, such as orange plastic fe nce, snow fence, or constructio n1safe ty fence shall be removed after its pw-pose ceases. Snow fences shall not be erected before October 15 and shall be removed by April 30.

Section 520. Line of Sight for Traffic Safety

No accessory structure, fence, wall, stockpiled snow, or hedge shall be erected in such a manner as to confuse or obstruct the views of any traffic sign, signal, or device, or obstruct the visibility of vehicles enter ing or exiting highways.

Section 525. Sewage Disposal

A. On-site sewage disposal systems shall require approval of the town code enforcement officer and comply with the specifications and standards set forth in Title 10 NYCRR Part 75, Appendix 75-A, entitled “Wastewater Treatment Standards — Individual Household Systems.”

B. On-site sewage disposal system components shall have a 100-foot setback, minimum, from the mean high water line of any lake, stream, pond, wetland, or other body of water.

C. Alternative on-site systems may be pennitted upon approval of the Oneida County Health Depart ment, or, if applicable, the Department of Environmental Conservation.

D. Sewage disposal systems shall comply with the watershed rules and regulations oflocal water com panies and districts.

Section 530. Flood Hazard Areas

with the provisions of’the current Town of’Vienna Flood Damage Prevention Law and all applicable FEMA and NYSDEC regulations.

Section 535. Antennae and Towers

/\. /\II ground dish antennae not allachcd to a building shall be installed in accordance with the rna nu racturer ‘ s installation instructions and located a minimum distance or [same as acccsso1y structures] feet from any building, and [same as accessory structures] reel from any prope1ty line or road righl-of:.way line.

B. In HC, HR, and SR zones, ground dish antennae should be located in rear yards.

C. All transmission and reception towers, masts, or antennas, if gr01mcl supported, shall be set back from all lot lines a distance equal to I – 112 times the height of the tower. Setbacks shall apply lo all lower parts, including guy wire anchors and lo any accessory facilities.

D. Shared use of existing tm \·ers is prefom:cl over the construction of new towers in the Town. App lic an ts for use of tower facilities shall presen t c Yi clc ncc to the Planning. Board thar shared use with previous tower owners has been explored. If shared use cannot be accomp lished , applicant shall have the burden of proof to show why a new tower must be erected within the Town areas.

E. Any new tO\ver erected in the Town of Vienna will have the provision that the owner must share tower facilities with future applicants.

F. All towers and accessory facilities shall be sited to have the least practical adverse visual effect on the environment and local residents. Towers shall not be artificially lighted except to assure human safety or comply with present FAA regulations.

G. Existing vegetation on-site shall be preserved to the maximum extent possible. No cutting of trees exceeding four inches in diameter (measured at a height of four feet from the ground) shall take place in anticipation of approval of a permit. Clear cutting of trees in a single contiguous area exceeding 20,000 square feet shall be prohibited. Vegetation planting (evergreen or deciduous) may be required to screen portions of the tower from nearby residential or public properties.

H. Access and Parking: A road and parking area will be provided to assure emergency and service access. Maximum use of existing roads, public or private, shall be made. Road construction shall be consistent with present standards for private roads, and shall minimize ground disturbance and/or vegetation cutting. Road grades shall follow natural contours to assure minimal visual disturbance and soil erosion potential. Public road standards may be waived in meeting the objective of this subsection of the tower requirements.

Section 540. Recreational Camping Vehicles

A. In I-IC, HR, and SR zones, one recreational camping vehicle may be occupied on a lot for up to 120 days in a calendar year. In all other zones, no more than four recreational camping vehicles may be occupied on a lot for up to 120 days in a calendar year . Five or more recreational camping vehicles or camping units 0n a lot arc only pennitted in campgrounds complying with the provisions of Article 11 oC th is law.

B. In all zones other than l-lC and I-IR zones , one recreational camping vehicle may he continuously occupied on a lot provided that the lot includes an approved well and septic system or public water and sewer service. The location of the recreational camping vehicles shall comply with the principal struc t ure se tb acks or t his law for each zone .

C. Installation or utilities such as water , septic, electric, or cormection to any public utilities sha ll require a building pennit.

D. In RR- I, RR-2, RR-3 , WR, and C zones, a minimum of one acre is required for each recreational camping vehicle (maximum of four) located on a parcel. This requirement shall not apply Lo recreational camping vehicles in pennitled campgro unds .

E. Recreational camping vehicles temporarily located in a Special Flood .Hazard Arca shall be capable of being removed within 15 minutes. Any development within a Special Flood Hazard Area must comply with the Town ofVienna Floodplain Development Law.

Section 542. Airstrips

A. This section shall not apply to model ai1vlanes and drone launch and recovery facilities for the purpose of launching and recovering model airplanes and drones weighing less than 55 pounds.

B. In zones where allowed, airstrips may be located on lots of sufficient size to allow safe siting of facilities and structures. The applicant shall contact local emergency response agencies and

provide for, in their plan, safe access and passage for all emergency vehicles and equipment along the full length of the airstrip on both sides and in clear zones.

C. A 200-foot minimum clear zone at each end of a runway plus a landing surface of adequate length and width for the aircraft is required to include a 350-foot setback along the entire length of and on both sides of the runway center line, inclusive of clear zones, with an additional 500- foot setback extending beyond the ends of each clear zone.

D. Airstrips must be established in accordance with NYS General Business Law, Section 249 and applicable local, state, and federal laws and regulations. It is intended that airstrips and helipads meet the requirements of 17 CRR-NY 75, entitled Official Compilation of Codes, Rules and Regulations of the State ofNew York, Title 17. Department of Transportation, Chapter III. Airports, Part 75. Approval of Privately Owned Airports, latest version, as established under the provisions ofNYS General Business Law, Section 249. Exceptions to certain criteria contained in this Compilation of Codes, Rules and Regulations may be approved as part of the Special Use Permit process , however, the granting of exceptions by the Planning Board is not required.

E. Materials submitted to support an application for a Special Use Permit as contained in Section 640 of this law shall bare the signature and seal of a New York State Licensed Engineer. Such signature and seal shall appear on the cover sheet for submitted material and shall be located below the name of the project, the date, and the following certification : “To the best ofmy

know ledge , infom1ation and belief the information contained in this submittal is trne, correct and contains no misr e p resentations of any kind.”

F. N o is e and sound leve ls cr e ate d within or becau se of airstrip acti vit y shall not exce ed , at the

property bound ary, t he k vels es t ab li s hed by noise control reg ul a ti ons of New Yor k S tate and t hat

or l oc al T own and Coun t y no ise abate me nt laws and reg ulat i uns.

Ci. Indi vidual d i mens ional or des ign s tandards requir ed und er t h is se c ti on sha ll not be more res tr i c tive t han s t andard s fo r t he sa me desi gn pa ram e te r included in provisions or

rc:c o n nn c ncla ti o ns that ar e part of a decis ion o r dete rmina ti o n or the NYS Depar tm e nt or

Tra ns port ati o n under NYS Gene ra l Bu sin ess La w, Sectio n 249, as t hey pe rta in to a specific

, ii rst ri p in the Tow n of Vie nna .

Section 545. Junk

No junk, with the exce ptio n of that in a Town of Vi enna licensed junk yard or reg ul a te d under N YS Ag ricul ture and Mark ets Law Sect io n 305-a, shall be locate d so as to be visibl e from public roads or from neighboring properties.

Section 555. Contracting Storage

A. All storage area s shall be screened according to the req uirem ents of Secti on 720 of this law, so as to to tally scr ee n alI mater ials stored on-s ite .

B. A ll to rage ar ea :,; :,; hall he lenn :d su as t o proh i bi t c hi l dre n and Dt hc r rrnm enteri ng the a rea.

Section 560. Height Exceptions

The height limitations of Section 420 of this law shall not apply to farm structures, belfries, church spires, cupolas, penthouses and domes which are not used for human occupancy; nor to chimneys, ventilators, skylights, water tanks, and necessary mechanical appurtenances usually carried above the roof level; nor to flag poles, monuments, transmission towers and cables, wind power turbines, radio and television antennae or towers and similar structures.

Section 565. Storage Vehicle

Storage vehicles shall be prohibited except upon approval of a temporary zoning permit as provided for in Section 2010 of this law.

Section 570. Sawmills

When allowed in residential zones, sawmills shall be permitted only on lots of 20 acres in area. In Industrial zones, sawmills may be located on lots of minimum lot size for the zone.

Section 575. Major Excavations

A. No major excavation shall be located within:

1 . I 00 feet of any adjoining lot li ne, except where the adjoining lot has been approved for use as a major excava tio n;

2. 500 feet of an y puhlic park, chmch, educational fac ility , nursing home , public building or othe r place of public gathe rin g;

3. . 200 feet of any lake , s tre am, pond, wetland, or other body o r wa te r;

4. 200 feet of any public road line.

5. 500 feet ofa res iden tial dwelling unit.

B. All major exca va ti ons sha ll be sc reen e d as provided in Sec ti o n 720 of’tb is law.

C. No major excavation shall be designed in such a way so as to cause exces sive dust, noise, traffic, or other conditions inappropriate for the neighborhood in which it is locate d, or so as to endanger the stability of adjacent land or structures.

Section 580. Adult Entertainment Uses

Adult entertainment uses are allowed only in commercial zones not closer than 1000 feet to residences, churches, schools , municipal buildings or any other adult entertainment use.

Section 585. Large Animals

Ke ep i ng of larg e an imals re qu i re s a n11n1111urn an: a of one acre per animal exce pt as pa n of a farming operation meeting the Department of Agriculture and Markets definition of fam1ing operations where this law does not apply.

Section 590. Flag Lots

a) Minimum side, front and rear yard requirements for the district where located must be maintained exclusive of the driveway access strip connecting it to a public roadway.

b) The driveway access strip must have a width of at least 30 feet.

c) If two to four driveway access strips are immediately adjacent to each other, each must have a width of at least 15 feet.

d) There shall be no more than four driveway access strips immediately adjacent to each other.

e) The driveway access strip must be a part of the rear lot it provides access for.

f) No more than one flag lot may be approved for each driveway access strip.

Section 595. Accessory Uses and Structures

Accessory uses and structures with 145 square feet or greater ground area shall comply with the setback standards for principle uses and structures set forth in Section 420 of this law. Accessory uses and structures with less than 145 square feet of ground area shall be setback a minimum of five feet from any lot line, regardless of whether or not they require a permit pursuant to this law.

Section 597. Motorized Vehicle Parks

fVlotorizcd vehicle parks shal I be subject lo the tollo\ving standards:

a) iv1 ininrnrn lot size shall be 50 acres;

b) Trails shall avoid unstable soils, wet areas, and steep areas;

c) Trails shall avoid significant habitats;

J) fVJaximurn decibel level measured at property lines shall not exceed 50;

c) No trail shall be closer than 1 , 000 feel to any neighboring residential use.

f) One parking space shall be provided for every two motorized vehicles on the properly at any given lime .

ARTICLE 6. SPECIAL USE PERMITS

Section 610. Authority

The Town or Vienna Planning Board is hereby authorized to review and approve, approve with modifi cations, or disapprove special use pe1mits wi1hin the Town of Vienna as designated in accordance with the standards and procedures set l”orth in this law and all applicable section of the Town Law.

Section 620. Applicability

All uses that meet one or more of the following conditions shall have a special use pennit and site plan approved by the planning hoard prior to the issuance of a building permit , zoning pennit or a certificate of compliance by the zoning officer.

1. the use requires a,special use pennit pursuant to Section 430 of this law;

2. the use is a Type I SEQR action and is determined by the planning board to have environmental significance;

3. the use is over 10,000 square feet in floor or ground area (excluding agricultural uses);

4. the use is a nonresidential principle use within 100′ of a DEC designated wetland area, within 50′ of a DEC classified stream or water body, or in a FEMA special flood hazard area;

5. the use results in the development of three or more acres (excluding customary agricultural and forestry uses); or

6. the use requires an increase or change in public water supply facilities, sewerage facilities, drainage facilities, sidewalks, roads, curbs, gutters, or other public improvements.

Section 630. Objectives

In considering and acting on special use permits, the Planning Board shall consider the public health, safety, welfare, and comfort and convenience of the public in general, the residents of the proposed development, and the residents of the immediate surrounding area. The Planning Board may prescribe such appropriate conditions and safeguards as may be required in order that the results of its action shall, to the maximum extent possible, further the accomplishment of the following objectives:

/\. C Oi\•I PAT IBI LIT Y : That the proposed use is of a character compatible with the surrounding neigh burhood and in harmony with the comprehensive plan lor the commun ity.

8. V EIHC U LAR A<::CESS: That proposed access points are not excessive in number , but adequate in width, grade, ali gnm en t, and visibility; not located too close to intersections or places of’ public assemb l y; :md other similar safety considerations.

·with or visiting the development, that the interior circulation system is adequate to provide safe accessibility lo all required parking lots, and that adequate separation of pedest1ian and vehicular movements are provided.

D. L\N”DSCAPTNG AND S CREE NING: That all parking, storage, loadin g, and service areas are reas onably screened at all seasons of the year from the view of adjacent residential areas and that the general landscaping of the site is in character with the surrounding areas.

E. N ATURA L FEATURES: That the proposed use is compatible with geologic, hydrologic, and soil condit ions of the site and adjac ent areas and that existing natural scenic features are preserved to the extent poss i ble .

F. P UBLIC FACJLJT lES: That the public facilities to service the proposed use, including water supply, sewage disposal, drainage facil it ies , roads and road facilities , and parks and open space are adequate for the intended level of use.

Section 640. Application for Special Use Permit

The Zoning Enforcement Officer shall refer any application for a zoning pennit ,vhich requires a special use permit review from the planning board. An application for a special use permit shall be filed with the

planning board, and the appropriate fee as detennined by the fee schedule adopted by town board resolution shall be paid to the town clerk. Six copies of the application and site plans shall be provided which shall include the following:

A. Name and address of applicant and owner, if different, and of the person responsible for preparation of drawings;

B. Date, north point, written and graphic scale;

C. Boundaries of the site plotted to scale, including distances, bearings, and areas;

D. Locator map showing the site in relationship to the town;

E. Location and ownership of all adjacent lands as shown on the latest tax records;

F. Location of all zone district boundaries;

G. Location, name, and existing width of adjacent roads;

H. Location, width, and pu1pose of all existing and proposed easements, setbacks, reservations, and areas dedicated to public use or adjoining the property;

l . Complete outline of existing or proposed deed restrictions or covenants applying to the property:

J. Existing and pwposed contours at a max i mum of five loot imervals;

K. Existing natural features such as waterways, water bodies, we tland s, aqu i fers, and existing vege t atio n. Features to be removed and to be preserved should be indicated;

L. Storm water rnanagemcnl plan showing measures for attenuation of peak discharge, su rfac e water quality prn te ctio n, and groundwater quality protection during and following construction;

/vi. Erosion and sediment control plan conforming to the standards and practices contained in the USDA Soil Conservation Service Engineering Field Manual (EFM) and New York Guidelines fr.ir Urban Erosion an<l Sediment Control, or other erosion and sediment contrnl manual recognized by the planning board;

N. Location, proposed use, and height and dimensions of all buildings including the number and distribution by type of all proposed dwelling units, and the designation of the amount of gross floor area and gross le asable area proposed for retail sales and services, office and other commercial or industrial activities;

0. Location and design of all parking and loading areas including access and eg ress drives and fire lanes and emergency access areas;

P. Provision for pedestrian access, including public and p1ivate sidewalks;

Q. Location of outdoor storage, and the intended use of storage areas;

R. Location and design of all existing or proposed site improvements, including drains, culverts, retaining walls, and fences;

S. Description of the method of securing public water supply and disposing of sewage, and the location and design of such facilities;

T. Location and design of all energy distribution and storage facilities, including oil, gas, electrical, and solar energy;

U. Location, size and design of all proposed signs;

V. Location and design of outdoor lighting facilities;

W. General landscaping plan and planting schedule, including the location and proposed development of all buffer areas;

X. Spill prevention plan including: a complete description of the proposed use and operations; a list of toxic or hazardous chemicals to be used, handled, and/or stored; a description of how these chemicals will be used, handled, stored and disposed of; and procedures for containing or cleaning up spills and notifying appropriate local and state officials;

Y An agricultural data statement pursuant to Town Law Section 283-a, when applicable;

Z A statement of the nature and extent of the interest of any stale employee, or officer or employee of the town in the applicant pursuant to Cie1wra l Municipal Law Secti on 809, when applicable:

/\./\. An Environmental Ass css111e nt Form ( EAF) and , whe re required, a drall Environ111ental l111pact Statement (E IS );

BB . Other elements integral to the proposed clcvelopmcnl as cons ide red nec es sar y by the Planning Board.

Sl’ction 645. \Yaiwr of Submission Rl’quirl’mcnts

The Planning Board may waive any of the submission requirements listed abo ve where it deems that the information is either not applicable or is unnecessa 1y to a patiicular special use rev ie w.

Section 650. Environmental Impact Review

The planning board shall be responsible for compliance with 6 NYCRR Part 617 (State Envirornnental Quality Review regulations) in cooperation with other involved agencies in the review of any special use. SEQRA review shall be completed prior to planning board action on the special use.

Section 655. County Planning Board Review

.i\ t least IO days before the heari ng , t he planning board s hall refer all app l icat io ns th at foll within tho se an as specifie d under General Municipal Law Section 239-1 and -rn to the Oneida County Department of Plaiming prior to final action. This shall include any use that falls within 500 feet of the following: the boundary of the town or any village within the to\ \1• 1; a State or Coun ty park or recreation area; a State or County high way or exp ressway: a State or County owned drainage channel; State or County land \Vhere a public building or institution is loca ted ; or a farn1 operation in an agiicultural district. 1f the County Planning Department does not respond within 30 days from the time it received a full statement on the refenal matter, then the planning board may act without such rep01t.

Section 660. Review

Upon a determination by the Planning Board that the application is complete, the Planning Board shall review the special use taking into consideration the objectives as outlined in Section 630 above, the general standards for all special uses as designated in Article 7 of this law, and any other special requirements for the particular use as may be designated in this law.

Section 665. Area Variance

During the course of the review, should the Planning Board determine that a special use may not be feasible without the granting of an area variance as defined by Town Law Section 267-a, the planning board may refer the application to the Zoning Board of Appeals for the consideration of such variance.

Section 670. Public Hearing

The Planning Board shall conduct a public hearing. Such public hearing shall be conducted within 62 days of the receipt of the completed application and shall be advertised at least five days before the hearing in a newspaper in general circulation in the Town. A notice of the hearing shall be mailed to the applicant at least 10 days before the hearing.

Section 680. Planning Board Action on Special Use

A. \Vit hi n ()2 clays of the public lieari ng, the Planning Board shall take action. The time within which the Plam1ing Board must render its decision may be extended upon mutual conse nt of’ th e applicant and the Planning Board. The action of’ the Planning Board shall be in the lorn1 of a written statement lo the applicant stating whether nr not the specia l us e is approved, approved with moclilications, or d is app roved. In its approval, the Planning Board shall have the authority to impose such reasonable conditions and resLric ti o ns on the issuance of a special use permit for the application as are di rect l y related to and i nciden tal to a proposed special use. All conditions and restrictions placed on a special 11sc permit sho u ld be rev i e wed by the Codes/Zoni ng Enforcement OHiccr prior to final approval by the Planning Board. The dec is ion of’ the Planning Board shall immediately be filed in the office or the Town Clerk and a copy mailed to the applicant.

B. Ir the special use is approved, and upon payment by the applicant of all fees and reimbursable costs due the to wn, the Planning Board shall endorse its appro val on a copy of the appl ic ation .

C. If the special use is approved with mod ifica tio ns, the Planning Board shall specify in the statement all modifications to be made. Upon payment by the applicant of all fees and reimbursable costs due the town, and upon approval of the modified application and site plans, the planning board shall endorse its approval on a copy of the application.

D. If the special u e is disapproved, the statement sha ll c ontain the reaso ns for such findings . In suc h case, the l’bnning Board may recommcncl further st ud y or tile spec ial use and resubmi ss i on afier it

hw, been re vise d or redesigned.

Section 685. Report to County Planning Board

Within 30 days of final action on any matter referred to the County Planning Board pursuant to Section 655 above, the Planning Board shall file a report of the final action it has taken with the County Planning Board.

Section 690. Expiration of Special Use Permit

Zoning permits requiring special use permit review shall expire one year from the date of issue, after which new permits shall be required.

ARTICLE 7. STANDARDS

Section 710. General

All special uses reviewed by the Planning Board, Zoning Board of Appeals and the Zoning Enforcement Officer pursuant to Article 6 of this law shall conform to the standards of this article.

Section 720. General Screening

A Open storage areas, exposed machinery, and outdoor areas used for the storage and collection of solid waste, shall be visually screened from roads and surrounding land uses. Suitable types of screening include opaque and semi-opaque wood fences (such as board on board) and dense, mixed evergreen and deciduous hedges of a height necessary to screen the intended use. Where planted hedges are proposed, plant species, size and layout should be developed to provide an effective screen within three years of the time of installation. Native and naturalized trees and shrnbs shall be planted wherever possible. Species may i nclude : Arborvitae, Syringa specie s (lilac ), Viburnum species, Corn11S s pecies, Fors ythia specie s, Lonicera species, Querct1s species, Acer specie s, Sycamore, Tilia specie s, Crata egus specie s, Betula species, Ame l anch ie r, etc.

B. In locations where potent ial health or safet y hazards may arise, such as soli d waste storagd col lection areas , a solid wooden fence, a minimum of six feet in height may be required to deter children and anima ls from entering the prem ises.

C. Where new fe’ nc i ng \\”oulc! create a conti nuous sur fac e greater than ten feet in length , the visual expanse of bare fence shall be alleviated by plant groupings , cons isti ng of mixed evergreen and deciduous shrubs and trees.

Section 730. Site Lighting

Exterior lighting proposed for the site shall be plann ed, erected, and maintained so the light is confined to the property and will not cast direct light or glare upon adjacent properties or public roads. Under no circumstances shall light level at lot lines or road lines adjoining residentially developed land exceed 0.6 foot-c andles, measured at ground level. The light source shall not be higher than 20 feet and shall not be directed onto adjacent properties or pub] ic roads. High intensity lighting shall not be permitted.

Section 740. Architectural Lighting

All lightil1g should be sbielclecl and developed as necessary to adequatel y promote business operation and public sa fety. Flood lighti11g and dramatic landscape lighting should be mi.tJ.irnized and used only for specific effects , public safety and reasonable business promotion as noted by the developer as noted by the developer on the lighting plan.

Section 750. Drainage

A. Surface water run-off shall be minimized and detained on-site as long as possible and practicable to facilitate ground water recharge. When available, municipal storm water sewers may be employed to handle excess run-off. Stormwater management design should comply with the standards outlined in the New York State Stormwater Management Design Manual.

B. If the channeling of storm water into municipal storm water sewers is not feasible, storm water run off shall be detained on-site. In no case shall increased run-off due to development activity be directed onto adjacent property. Techniques for retarding surface storm water run-off should be developed to affect no additional run-off rate as a result of storms with a twenty-year or less recurrence frequency.

C. The natural state of watercourses, swales, or rights-of-way shall be maintained as nearly as possible. All drainage facilities shall be designed for a 20-year storm, minimum. The Planning Board may require facilities sized for more intensive stonns should development conditions in the vicinity of the site warrant a greater degree of protection.

Section 760. Erosion and Sediment Control

(ESfv1) and the New Y ork State Standards and Specili cati ons for Erosion a11d Scdi me11 t Contr ol. or other erosion and sedi men t co11t rol manual rec ognized by th e Pl ann i ng Board, Zoning Board or App eals and the

Zoni ng Enforcement Officer . E rosion and sed imen t control mea sures shall be such that th e off-si te impa cts of erosion and s edim entat ion must not be greate r during and following land d ist urbanc e activities tha11 under preexi sting conditi ons .

Section 770. Hazardous and Toxic Materials

Procedures and facilities for the handling, storage and disposing of hazardous and toxic matetials shall be adequate to protect surface water and groundwater resources.

ARTICLE 8. FINANCIAL GUARANTEES FOR PUBLIC IMPROVEMENTS

Section 810. Required Public Improvements

A. All public imp rovement s requ i red pursuant t o the approval or subdiv ision plats or specia l uses shall be constru cte d and co mp lete d to t he standard s required by state and local l aws, ru les, and reg u lat ions.

B. The construction or installation of any improvements or facilities, other than roads, for which a financial guarantee has been mad e pursuant to this Article shall be completed within one (1) year from th e date of the appronl of the subd ivisi on plat or special use. Road improvements shall be completed within two (2) years from the date of approval of the subdivision plat or special use.

C. The applicant may request an extension of time to perfom1 required public improvements provided he can shO\v reasonable cause for inability to construct and install said improvements within the

required time. Such extension of time shall not exceed six (6) months. At the end of such extension of time, if the required public improvements are not completed and accepted by the Town, the Town may use as much of the financial security required by this Article to construct and install, maintain, or perfect the improvements as necessary to meet all applicable state and local laws, ordinances , rules , and regulations.

D. At least five (5) days prior to commencing construction of required public improvements the appli cant shall pay to the Town Clerk the inspection fee required by the municipality and shall notify the Town Board or an official designated by the Town Board in writing of the time when the construction of such improvements will be commenced so that the Town Board may cause inspections to be made to assure that all applicable specifications and requirements shall be met in the construction of such improvements, and to assure the satisfactory completion of public improvements required by the Planning Board.

E. The TO\vn reserves the right to employ the services of outside consultants for inspections, and all charges shall be reimbursed to the Town by the applicant.

Section 820. Required Financial Security

Applicants for subdivision plat or special use approvals shall provide the Town with acceptable financial se c urit y in an amount suffici ent to guarantee the installation of basic public improvements. Such public improveme nt s ma y inc lude public water supply, sewage dis posal s ystems, storm dra ins and sewers , roads, pavement ma rk in gs and t ra ffic s igns and s ig nal s , sidew alk s, and ot her publ ic improveme nts co mm only re qu ir e d of appli c ant s for s ubdivis io n p lat o r s pecial use approva ls.

Acc cp tu hle fi na ncial s ec ur it y shall be provided to t he Tow n in one of th e followin g ways:

B. Th e app lic ant shall prese nt to t he T own Clerk a ce rtifie d che ck in an amount equ al to the cost or

c ons truc ti o n of the public i mpro vement s required by the Planning Board pursu a111 to th is law.

C. TI1e applicant shall present to the Town Clerk an i1Tevocable letter of credit drawn in favor of the To wn in an am0tml equal to the cost o f c o nstruc tion of the public im provements required by the Plannin g Board pursuant to this law.

Section 830. Review of Proposed Financial Security

For each of the abo ve o ptions, the required publi c improvements shall be shown o n subd ivis ion plats or sp ec ia l use dra wings. and the total amnunt of the requ ir e d financial securit y shall be based the re on. Su c h es t i mates sh a ll be ce t1 ificd by a lic e ns e d prof ess iona l engineer, and shall be rev ie wed by t he T o wn Board for fi n:mci a l adequ acy as a guara ntee of const ruc ti on and of reasonab le perform ance dur i ng a,, ·a rran tc c pe1iod. Th e To wn Boa rd and the Town Atto rney sha ll jointly rev ie w the guaran te e ag ree men t for suffic iency of form and execution and for the soundness of the fi nanci al gua rante e offered by the appli c an t.

Section 840. Schedule oflmprovemcnts

\\Then a guarantee agreement has been approved by the Town Board and the required surety bond, certified check, or letter of credit has been received by the Town Clerk, the Town and the applicant shall enter into a written agreement itemizing the required public improvements, establishing a schedule for the constrnction

and installation of such improvement, and itemizing the cost of construction and installation for each improvement. Whenever feasible, costs shall be organized by logical phases of work completion in order to facilitate the partial release of funds held as a financial guarantee by the municipality to the applicant as work is satisfactorily completed.

Section 850. Staged Refunding of Financial Guarantees

At such times as the applicant ·wishes, but no more frequently than bi-monthly, to have guarantee funds released in consideration of work performed and accepted, the applicant shall cause to be prepared an accurate statement of the work performed and accepted as of a date certain. This statement shall use the same item structure as was employed in the written agreement itemizing the required public improvements.

The applicant, after preparing such statement, shall submit it for review, approval, and signature by an engineer acting on behalf of the town, by the appropriate municipal inspectors, and by the Town fiscal officer. If the statement is approved by the Town fiscal officer, the statement shall be forwarded promptly to the Town Clerk, together with a recommendation that the amount approved on said statement be released from the financial guarantee provided by the applicant. Where the financial guarantee provided by the applicant makes staged refunding possible, the Tovm Clerk will then direct in writing to the surety company or financial institution having custody of the guarantee funds to release the approved amount of those funds to the applicant.

Section 860. Acceptance of Required Puhlic Improvements

\Vhcn the project inspector, l’ollowing final inspection or the projec t, certifies to the Planning Board and the Town Board that all required public i mprovemen ts have been completed in accordance with all applicable re quiremen ts , the Town Board ma y act by re so l u ti on lo accep t the public im provements .

Section 870. Required Maintenance Guarantee

The applicant may provide a maintenance guarantee by one or the methods provided lor in Section 820 above , but no maintenance bond shall be for less than live thousand dollars ($5,000) (li.1ce value) . All maintenance guarantees required by this section shall commence immediately upon acceptance of the required public improvements by the municipality and shall extend for two (2) years there from or for two

(2) years from the .lune first next succeeding the acceptance of the required public improvements , whichever period is longer.

ARTICLE 9. GROUNDW ATl:• R PROTECTION OVERLAY ZONES

Section 910. Purpose

The puq)Ose and intent of establishing groundwater protection overlay zones is to assist in the preservation of public health, general welfare, and safety of the residents of the Town of Vienna aud to facilitate the adequate provision of \Vater through the elimination or prevention of groundwater contamination in the vicinity of the springs and wells v;hich supply public drinking wate r.

Section 920. Scope and Applicability

The groundwater protection overlay zones shall be considered as overlaying other existing zones as shown on the zoning map. Any uses not permitted in the underlying zone shall not be permitted in the groundwater protection overlay zone. Any uses permitted in the underlying zone shall be permitted in the groundwater protection overlay zone, except where the groundwater protection overlay zone prohibits or imposes greater or additional restrictions and requirements. In any cases where conflicts arise between these requirements and any other existing regulations, the more restrictive regulations shall apply.

Section 930. Definitions

Specifically defined words as used in this Article are as follows :

Aquifer: A saturated, permeable geologic material capable of yielding amounts of water sufficient for private and public use.

Cone of Depression: The usually inverted, cone-shaped depression in the water table that occurs due to the pumping of a public supply well(s). The outermost limits of the cone of depression are defined by the point(s) where the elevation of the water table is no longer affected by the pumping of such well(s).

Contamination: The degradation of natural water quali t y as a result of human activi ties to the extent that i t s us e fulness is im paire d.

Deicing Chloride Salt : A11y bulk quant 1 t1c s nl’ ch lori de com pou11ds and other deici ng com pound s i11 ten cle d lo r application to roads, i11cludi11g mi x t ures or sand and chlo ride co111 po u11ds i11 an y prop ol”lio n w h e re the ch l orid e compoun ds constit u te ove r eigh t p e rcen t or t he mi xture. Bulk quantity or chlo r ide compound s me ans any quan tit y, but does not i11clude an y ch l oride co mp ou11ds in a sol i d form which ar e pa c ka ged in wate rpro of bags of co n tain e rs whic h do not e xcee d one hundr e d potu1ds ea ch.

Dc ,·clopnwnt: Any manm ade changes to i mp rove d or unimp r,o ·ed rea l es ta te, i nc l udi ng but not limited to, th e c ons tru c ti on of building, recon struct i on of bui l dings, dred g in g, filli ng, min in g, grad i ng, cons t ruc t io n or tanks or ot he r s torage racilitie s, p um ps, pumping stat i o ns, creatio n or i mp ervi ous surf”aces such as for parking areas , waste treatm ent or dis posal facilitie s or commercial excavatio n.

Disposal: The discharg e, de posit , i njecti on, dumpin g, spill ing, leaking , or re le ase by an y other mean s of a substan ce to the surface or su bsurface of the g ro und , surface waters, or groundwa te r.

Fertilizers: Any commerc ia lly produced mi xt ure generall y contamm g phospho rous, nitrogen, and pota ss ium which is applied to the ground to i ncreas e nutri ents from plants .

Hazardous Mater ial: Any sub sta nce found li s te d in e ither 40 CFR Part 26 1 , 4 0 C FR Part 302, or 6 N YCRR Part 37 J , a lo ne or in co mbinati on, in c l udin g but limi te d to petro le um prod ucts, organ ic c he m ic al s ol \-cn ts , heavy meta l s l ud ges, acids \Yit h a pl l g rea te r t ha n or equal to 1 2.5, radioac ti ve s u bst ances, pa th o l ogic al or infec tious w as t es . or any mat erial exhibiting the chara cteris tic s of ig ni tabil it y, corrosiv it y, res c ti v ity, or EP t oxicity.

Hazardous \Vaste: A was te , or combination o r wastes , wh ic h are i den ti fie d or lis ted as ha zardou s pursuant to 6 NYCRR Part 371, Identification and Listing of Hazardou s Wastes. Hazardous waste, infectious characteristics poses a significant hazard to humm1 health or safe ty if imp rope rly trea ted, store d, tra nsported , disposed of, or otherwise managed.

Herbicides: Any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any weed, and those substances defined pursuant to Environmental Conservation Law Section 33-0101.

Human Excreta: Shall mean human feces and urine .

Manure: Shall mean animal feces and urine.

Pesticide: Any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, and any substance or mixture of substances intended for use a plant regulator, defoliant, or desiccant, and those substances defined pursuant to Environmental Conservation Law Section 17-0105.

Petroleum: Any petroleum-based oil of any kind which is liquid at 20 degrees Celsius under atmospheric pressure and has been refined, re-refined, or otherwise processed for the purpose of: (1) being burned to produce heat or energy; (2) as a motor fuel or lubricant; or (3) in the operation of hydraulic equipment.

Radioactive Material: Any material in any form that emit s radiation spontaneously , excluding those radioactive materials or devices containing radioactive materials which are exempt from licen s ing and reg ulatory control pursu ant to regula tions of the New York State Department of Labor or the United State s Nucle ar Regulato ry Comm is s io n.

Secondary Containmt’nt: A s tr uctur e wh ic h pre vents a ny ma te ria ls that have s pill e d or l e aked from pr i mar y conta i nm e n t s t ruct ures such as pi pi ng, ta nk s , or uth e r co ntai ner s, from reaching the land surfac e or s ub sur l’acc soi ls .

Scptage: The conte n ts o f a se pti c tank , cess pool , or o t he r individual was te wat er t reatm ent work whi c h rece i ves dom es t i c se wage was t es.

Sludgt’: T he so li d, se m i- s oli d, or li qu id waste gene ra t e d from a waste process in g fa c ilit y, but do es not i nc l ud e t he liquid str ea m or e rn uen!.

Spill: An y escape of a substance from the conta i ners em ployed in sto rage , transfer, processing, or use .

Toxic l\faterial: i\ ny compound or material which is, or may be, hannful to human health as defined hy

Section 4801 – Subd ivis ion 2 of th e New Yo rk State Public Health La,v.

\Vater Table: The surface belo w whi c h all pores in the soil are saturated and full y fille,d vi th water.

Section 940: Establishment and Delineation of Groundwatl’r Prntcction Overlay Zones

There arc he re by es tablished w it h in the To\\’ n o f Vi e nna , t wo groum hrn te r prote cti o n ove rlay zones . T hese zones are deli nea te d on the zoning map and arc describ ed as follows:

A. Source P rote cti on Overlay Zone (WA Overla y): For th e McConne lls ville Water District and the North Bay \Vater D istr i ct, the Source Protec ti on O verla y Zone shall compr ise a circular area of 200-feet radius around the spring sources and dug wells for these two public water suppl y system s. For the Village of Cleveland drilled wells located within the To,vn of Vienna, the Source Protection Overlay Zone shall be extended to the extent of the se public supply wells’ cone of depression.

B. Recharge Protection Overlay Zone (WB Overlay): As delineated, the Recharge Protection Overlay Zone shall include the land area which is tributary to the Source Protection Overlay Zone and which contributes groundwater and surface water recharge to the public supply springs and wells.

Section 950: Permitted Uses-WA and WB Overlay Zones

All uses currently permitted in Article 4 of this law are permitted in the WA and WB overlay zones subject to the provisions of this article.

Section 960: Prohibited Uses and Activities-WA and WB Overlay Zones

Within WA and WB overlay zones, the following uses and activities are specifically prohibited:

A. Outdoor uncovered stockpiling or bulk storage of unlicensed vehicles, salvage metals , manure, coal, or deicing chloride salts;

B. Construction or operation of facilities for the underground storage of petroleum products, hazardous, or toxic materials or waste, except where secondary containment and leak monitoring systems are installed;

C. Construction or op era t i nn of facilities ror t he und e rground storage nf petrolcnm produc ts, ha zardo us , or toxic materials or waste, excep t where seco nd ary containment structures arc in s tal led and lluid kvcl gauges arc installed;

D. Spreading, d isc harge , bur ia l , or dis posal of any septage, sewage, sl udge, animal remai ns. human excrern, rd ‘us e, radioactive materials, pet role um produc ts , toxic ma te rials , or ha zardo us ma te rials l)r \vas lc on or below t he ground surface except !hat d isc harg es of domestic septic emuenl from on- s ite septic syste ms certified by a re gis te red pro fess io na l engineer and designed in accordance with NYS De par t me nt of Hea lth reg ulat io ns contained in Appendix 75A of Part 75 NYCRR may be allo\\”ed when approved by the Zoning Enforcement Officer;

E. Establishment of any radiological materials storage, use, and disposal facility;

f. Establishment of any raw waste landfill, sanitary landfill, solid waste landfill, ash landfill. construction ·demoli tion landfill, junkyard, salvage yard, or d wn p;

G. Tntrocluction into an on-site sewage disposal system of any material that is potentially hazardous to groundwater qua li t y, including but not limited to petroleum products , solvents, other hazardous mater i al s. or brines:

11. Dumping or clis pusa l of snow or ice collected offsitc from roachrnys or parking areas into or within 100 feet of an y waterhody;

1. Storage and application of pestic ides , herb icides , fun gicides , and fei1ilizers for commercial agricultural purposes without authorization from the New York State Department of Environmental Conservation;

J. Construction of pipelines that carry toxic or hazardous liq ui ds;

K. Excavations which intersect the water table at its seasonal high level and which remain open for a period of time exceeding six months over any two year period.

Section 970. Additional Prohibited Uses and Activities-WA Overlay Zone.

The following uses and activities are also prohibited within the WA overlay zone:

A. Construction of on-site sewage disposal systems.

B. Underground storage or outdoor, above ground storage of petroleum products.

C. Underground storage or outdoor, above-ground storage of pesticides, herbicides, fertilizers, and other hazardous and toxic material and waste.

D. Dumping, disposal, and stockpiling of snow or ice collected from roadways or parking areas.

E. Bulle storage of deicing materials or coal.

F. Commercial excavation and extraction of soils, sands and gravels.

ARTICLE HI. CLUSTER DEVELOPMENT

Section 1010. Authority

The Planning Board or the Town or Vienna is hereby authorized to modilY applicable prov is ions of this zoning law pursuant to Section 278 of the Town Law simultaneously with t he approval or any plat within the Tmvn subject to the conditions set forth in this /\rticle.

Section 1020. Purpose

The purpose or cluster development is to permit a procedure for development which will result in improved living and working environments; which will promote more economic subdivision layout; which will encourage a variety or types of residential dwellings; which will encourage ingenuity and originality in total subdivision aud individual si te design; and which can preser ve open space to serve recreational, scenic , and public service purposes, and other purposes related thereto within the densities established for the gross

tract.

Section 1030. Density Transfrr

In each zone allowing cluster development, the lot size ma y be reduced from the lot size established in Artie !<: 4 of th is law to a l es se r lot size acceptable to the Planning Board. All such lot reductions shall be n m1pcnsatc cl for by an cqui\’alcnt amount of land in clusrcr open space to be preserved and main tain e d for its scenic value. recreation or conservation purpos es.

In the approval of a cluster suhdivision, in no case shall the maximum density specified for the applicable zone be increased. nor shall the other applicable regulat ions or use limitations for the zone be changed or modified.

Section 1040. Review Criteria

Cluster development shall be allowed only if evidence is presented to the Planning Board which establishes:

A. That the proposed development will be in harmony with the general purpose, goals, objectives, and standards of the master plan, this law, and the Town of Vienna Subdivision Regulations.

B. That the proposed building or use complies with all applicable regulations of this law except as modified pursuant to the authority of this Article.

C. That the proposed building or use will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, and other matters affecting the public health, safety, and general welfare.

D. That the proposed development will be constructed, arranged, and operated so as not to dominate the immediate vicinity or to interfere with the development and use of neighboring property.

E. That the proposed development will be served adequately by essential public facilities and services such as highways, roads, parking spaces, police and fire protection, drainage structures, refuse disposal, water and sewers, and schools.

F. That the proposed development will not result in the destruction, loss, or damage of any natural, scen ic , or historic feature or significant importance.

St,ction 1050. Op<.\11 Space Requirements

A. Depending on the size an<l design or the development, it may be necessary that a common open pace, permanently reserved and maintained as landscaped park or recreational space is provided. The area, co n figurat ion, and location of such open spaces shall be subject to review and approval or the Planning Board.

B. The land so set aside shall be provided in such a manner that it is usable for recreation or other activities and is accessible to all residents or the subdivision or, where the land has been dedicated

to the Town, to the general public.

D. Jr cluster open space is not dedicated to th1:. Tow11. it shall be protected by legal ar rangemen ts, sati s factory to the Planning Board , s u ffic ient t o assure its maintenance and preservation for

\\·hat cvcr purpo se it is inten ded. Cownants or lltlicr legal a rrangemen ts shall specif) · O\rncrship of the cluster open space; method of maimenance; responsibility for maintenance; maintenance taxes and insurance; compulsory membership and compulsory assessment provisions; guarantees that any association formed to own and maintain cluster open space ,vill not be dissolved \Vithout the consent of the Planning Board; and any specifications deemed necessary by the Planning Board.

E. All open space shall be considered taxable unless deeded to a munic ipality.

ARTICLE 11. MANUFACTURED HOME PARKS AND CAMPGROUNDS

Section 1105. Manufactured Home Park and Campground Operating License

A. No person shall operate a manufactured home park or campground within the Town of Vienna unless a license to operate has first been issued pursuant to this law. Such operating license shall be applied for coincident with an application for a special use permit, and shall be granted coincident to the final approval of a special use permit.

B. All manufactured home park and campground operating licenses shall be issued for a period of one year, after which time renewal shall be required. The operating license shall be displayed conspicuously at all times at the site. No recreational camping vehicle in any campground may be occupied more than 180 days per calendar year. Any use and occupancy restrictions promulgated by the Federal Emergency Management Agency (FEMA) for particular campgrounds in the Town of Vienna shall override the restrictions of this section.

C. Prior to operating license renewal, all parks and campgrounds shall be inspected by the Zoning Officer. Such operating license shall not be renewed until certified by the Zoning Officer as operating in compliance with this law.

D. It shall be the responsibility of the applicant to arrange for all required inspections of the premises prior to operating license issuance or renewal. Refusal to allow the Zoning Officer to enter the premises for the purpose of inspection shall be cause for the denial of an operating license, or if an operating license has been issued , lor the revocation orsueh operating license by the Town Board.

Section 11 l 0. License Revocation or Failure to Renl’w

A. The Town Board may revoke such operating license upon reasonable cause should the applicant fail to comply with any provision of this law . Before the operating license may be revoked, a public hearing shall be held by the Town Board. Notice of the hearing shall be made in the official news paper at least fiYe days prior to the date t hcre or. The license holder :;hall be notified or the hearing by certiliecl mail at least five clays p1ior to the hearing. At the hearing the Town Board shall hear the operating license holder and all other persons wishing to be heard on the revocation of the license . Should the Town Board decide to revoke an operating license, the reasons for such revo cation shall be staled in the Town Board minutes. The license holder shall be immediately notified of the revocation by certified and regular mail.

B. Should any manufactured home park or campground operating license be revoked or fail to be renewed, the operator shall cease and desist from operating a mobile home park or campground and shall remove all mobile homes, residential camping vehicles , tents, etc., and appurtenant structures from the premises within 90 days.

Section 1115. l\.lanu facturcd Home Park Locat ion, Conditions and Size

A. Manufachired home parks shall be located where orderly development can be undertaken in har mony with developme111 of the surrow1ding area in te11ns of traffic generation, ease and safety of vehicular access to and circulation within the park, safety of pedestrian movement , location of structures, adequacy of off-road parking, placement and sizing of sewage treatment and water supply systems and other utilities, safety of fuel storage and supply, provision of open space, recreation facilities or areas, delivery of services and adequacy oflandscaping and buffering.

B. Manufactured home parks shall have generally level to gently rolling topography over an area of sufficient size to allow development without significant alteration or disturbance of existing natural features such as stands of mature trees, stream courses, shorelines, wetlands or bedrock out croppings .

C. Manufactured home parks shall be free from adverse, unsafe or unhealthful conditions including but not limited to flooding, ponding, poor drainage, erosion, slumping or other soil instability, breeding areas for insects or rodents, smoke , noise, odors, heat, glare, or toxic or volatile substances.

D. Manufactured home parks shall be three acres in size, minimum.

Section 1120. Manufactured Home Sites

A. Manufactured home parks shall be divided (exclusive of internal roads, open space or c01mnon areas) and marked off into sites numbered consecutively, the number being conspicuously posted on each site with such number to correspond to the site shown on the site plan submitted. Each site shall be defined by permanent markers set at the comers thereof.

B. Sites shall be a minimum of 7,500 square feet.

C. Sites shall have a minimum width of 60 feet and a minimun1 depth of 100 feet.

I. Minimum of JOO feet from the road line of”any State road and 50 feel from the road line or any Coun t y or Town road.

-‘·

TV!inimum of 15 feet from any internal road. Minimum of8 feet from all si te li ne s.

F No site , i nte rnal road, parking lot, recreat io n are a or storage facilit y for foe ls, s upplie s or equ i pm ent shall be loc ated within 20 [eet of external bou ndarie s of the manufactured home park.

Section 1125. Manufactured Home Park Entrances

A. Entrances shall be located directly opposite or at least 200 feet from the nearest inter s ecti on of public roads, if any, and at least 150 feet from any other entrances to the manufactured home park , if any.

B. Entrances shall have sufficient width to allow reasonable turning movements of vehicles with mobile homes attached and of service or deliver y vehicles.

C. Ent rance s shall be located to allow sa fe li ne- of-s ight dist ance s to and from their poi nts of’ inter secti on \Yith t be pub l ic road.

Section 1130. Manufactured Home Park Access Roads

A. Access roads connec ting public roads with internal roads shall be required to serve any manufactmed home park havin g three or more manufactured homes, and at lea<;! two independent access roads shall be required to serve any manufactured home park having 20 or more manufactured homes.

B. Access roads shall intersect public roads at right angles and at compatible grades and shall meet the Town of Vienna Road Standards.

Section 1135. Manufactured Home Park Internal Roads

A. Internal roads shall be privately owned and maintained and shall provide for the safe and convenient movement of vehicles, with or without manufactured homes attached.

B. All sites shall face on and be serviced by internal roads.

C. All internal roads shall be designed, graded and leveled so as to permit the safe passage of emer gency and other vehicles at a speed of 15 miles per hour.

D. Cul-de-sacs with a minimum turning radius of 35 feet shall be provided in lieu of closed end roads.

E. All internal roads shall have a minimum 20 foot right-of-way, 16 feet of which shall be of gravel with dust inhibiting material, or of other more durable construction.

Section 1140. Manufactured Home Park Design Standards

space shall be in th e form ordeve loped recre ati on areas to be usab le for active recreation purpo ses.

B. A hard sur faced pcdcst1ian wa lk way nf al least lour fee t in width shall be provided along and al le ast fiv e fee t from each ac ces s road between the entrance to the public highway and either the fir s t unit or such locatio n withi11 the manufactured home park as may be requ i red by the Planning Board to ass ure pedestrian safety.

C. Water suppl y and sewage disposal syste ms shall be designed and cons trncte d in compliance with all Oneida County and New York S tal e Health Departmen t and Envi ronmental Conservation Depart ment requirements.

D. Storage facilities sha ll b e provided which shall provide 125 cubic feet of secure storage space for each manufactured home. Such facilities may be located either on each site or he a permanent structure within the park which is easil y accessible Lo the park residents at all times.

E. Service buildings, if provided, housing sanitation facilities and/or laundry shall be pemianenl struc tures com plying with all applicable ordinances, codes, and statutes regulating buildings, electrical installations and plumbing and sanitation sys te ms.

1-‘ . The entire park s hall be screened from t he Yi e \’\ o f adjacent propertie s and roadwa ys by the pl an ti ng of shrubber y. Such shrubb ery shall be of a s pec ies suitable to the Planning Board and shall mahire to at least an eight foot height.

G. Internal roads, storage areas, and service buildings shall be adequately li ghted.

H. All site setback areas shall be seeded.

I. All parking areas shall be located off of the internal road sys tem .

Section 1145. Campground Design Standards

A. Easily accessible and usable recreational spaces shall be provided in all campgrounds. Such rec reational space shall have a total area equal to at least 5% of the gross land area of the campground and shall be fully maintained by the campground operator.

Section 1150. Manufactured Home Park and Campground Operations

A. The following shall apply to both manufactured home parks and campgrounds:

1. The operator shall maintain an office or information kiosk in the immediate vicinity of the manufactured home park or campground.

2. The operator shall operate the manufactured home park or campground in compliance with the standards set forth in this law and all applicable state and federal codes, rules or regulations

3. A list of operator and occupant responsibilities shall be posted in the manufactured home park or campground office or made available upon request.

4. All receptacles, including cans and dumpsters , shall be kept in a sanitary condition at al1 times. lt shall be the responsibility of the operator to ensure that garbage and rubbish shall be collected and properly disposed of outside of the park or campground. All areas of the park or campground shall be maintained free from organic and inorganic material that might become a health, accident or fire hazard.

13. The rollowing sha ll apply to manufactured home parks , in addition to the stand ards in sub section A

above:

1. . The operator shal l be responsible to assure that all manufactured homes installed new or relocated shall be instal le d or relocated in accordance wi t h the NYS Uniform Fire Prevention and Building Code and /or 19 NYCRR Part 1210.

2. Occupan ts shall be responsible for the maintenance of personal manufactured homes and any appurtenances thereto, and shall keep all personal yard space in a neat and san it a ry condit ion.

3. Recreational camping vehicles shall not be used for residential purposes, whether perman ently or temp oraril y, in any manufachired home park.

4. The operator shall maintain a register containing the names of all occupants and the make, year, and serial number, if any, of each manufactured home . Such register shall be avail able to any authorized person inspecting the mobile home park.

C. The following shall apply to campgrounds, in addition to the standards in subsection A above:

J . No tent or recreational camping vehicle shall be occupied on an overnight basis for more than 180 days in any one year.

2. The operator shall maintain a register containing the names of all occupan ts, their home addresse s, the make and li cense number of their motor vehicle, and a description of the tent ur recreational camping ,-chicle occupied . Such register sha ll be available to an y authorized person inspectil1g the campground.

ARTICLE 12. JUNKYARDS

Section 1205. Junkyard License

A. No person shall operate a junkyard within the Town of Vienna unless licensed prior to February 1, 2002 with a current, valid license issued pursuant to this zoning law. No additional junkyards or the expansion of existing junkyards shall be allowed as of February 1, 2002.

B. All licenses shall be issued for a period of one year, after which time renewal shall be required. All licenses shall expire on April 1, annually. The license shall be displayed conspicuously at all times on the premises of the junkyard.

C. Prior to license renewal, all junkyards shall be inspected by the Zoning Officer. Such license shall

not be renewed until certified by the Zoning Officer as operating in compliance with this law.

D. The Zoning Officer shall not enter the premises of any private property without the consent of the owner. It shall be the responsibility of the applicant to anange for all required inspections of the premises prior to license issuance or renewal. Refusal to allow the Zoning Officer to enter the premises for the purpose of inspection shall be cause for the denial of an unapproved license, or if a license has been issued, for the revocation of such license by the Town Board.

Section 1210. License Revocation or Failure to Renew

/\ . The Town Boarc.l may revoke such license upon reasonable cause should the applicant fail lo com ply with any provision of !his law. Before the license ma y be revoked , a public hearing shall be held by the Tmvn Board. Notice of the hearing shall be made in the official newspaper at least five days prior to the date thereof. The license holder shall be notified of the hearing by ce11ificd mail at least five days prior lo the he aring. Al the hearing the Town Board shall hear the license holder and all other persons wishing to be heart! on the revocation of the license . Should the Town Board decide to revoke a license, the reasons for such revo ca ti on shall be stated in the Town Board minu te s. The license holder shall be i mmed ia tel y notified of the revocation by certified mail.

B. Should any junkyard license be revoked or fail to be renewed, the operator shall cease and desist from operating a junkyard. All junk shall be removed from the premises within 60 clays. ff after 60 days the junk is not removed, tile Town reserves the right lo have the junk removed and disposed of and all costs of such removal and disposal shall be borne by the lanclow11er.

Section 1215. Junkyard Location

A. No existing junkyards shall be located within:

1. 100 feet of any adjoining lot line;

2. J 00 feet of” :my public park, church, educational facility. nursi ng home, public building or

..,

other place of public gathering;

200 feet of any lake , s tre am, pond, wetland, or other body of water; 200 feet of any public road line.

Section 1220. Junkyard “Fencing and Screening

A. All junk storage areas shall be enclosed within an eight foot high fence, minimum, constructed of wood or other materials as approved by the Planning Board. Such fence shall be adequate to

prohibit children and others from entering the area of the activity of business and to fully enclose and totally screen all materials stored on-site from public view.

Section 1225. Junkyard Operations

A A junkyard licensee shall personally own the land or be personally responsible for the operation of the junkyard.

B. No materials shall be burned or buried in a junkyard except in compliance with the New York State Outdoor Burning Law (see 6 NYCRR Part 215) or the New York State Solid Waste Disposal Law (see 6 NYCRR Part 360).

C. All the materials dealt with by the operator of the junkyard and all junkyard operations shall be kept within the fenced area of the junkyard at all times. Whenever the junkyard is not open for business, or temporarily not supervised, the fenced area, and any gate thereto, shall be secured or locked to prevent entry.

D. No junkyard items shall be stored in any junk storage area other than those items specified on a junkyard license and special use pennit approved by the Planning Board pursuant to this law.

E. The licensee shall a1,sure the proper and safe conduct of junkyard operations to minimize the fire hazard there from and to prevent trespass thereon.

F. The Zoni ng O rticer and Town Board, or any of its re presenta ti ves, sha ll be granted access to the junkyard at all reasonable ho urs to inspect the same for comp li a nc e herewith.

ARTICLE 13. WlND TURBINI S AND TOVdmS

Section l310. Requirements for Private Roof-mounted \Vind Turbines

I . Private Roo f:-mo un te d Wind Turbi nes shall not require a zonin g permit.

2. All Private Roof-mounted Wind Turbines shall be no higher than ten feet from the roof surface they are mounted on.

Section 1320. Requirements for Private \Vind Turbine Towers

1. Private Wind Turbine Towers up to 35 feet in height shall not require c1 zouing permit.

2. The minimum required setback f<.>r any tower from property line:- shall be equal to 1 .5 times the sum of th e tower height pl us the rotor rad i us.

3 . e xpe rim ental, homebui l t, or pro to type wind hirbines with a tower over 35 fret shall require site plan review. No such wind turbine shall be allowed without documentation by the applicant of their maximum probable blade throw distance in the event of failure and detern1ination by the planning board of appropriate setback distances on the basis of that documentation.

Section 1330. Requirements for Commercial Wind Power Generating Facilities

A. Pem1it applications shall include:

1. a project visibility map, based on a digital elevation model, showing the impact of topography upon visibility of the project from other locations, to a radius of three miles from the center of the project. The scale used shall depict the three mile radius as no smaller than 2.7 inches, and the base map used shall be a published topographic map showing man-made features, such as roads and buildings.

2. No fewer than four, and no more than the number of proposed individual wind turbines plus three color photos, no smaller than 3″ by 5″, taken from locations within a three mile radius from the site and to be selected by the Planning Board, and computer enhanced to simulate the appearance of the as-built site facilities as they would appear from these locations.

B. The minimum required setback for any tower from property lines, overhead utility or transmission lines, other wind turbine towers, electrical substations, meteorological towers, nomesidential structures, and public roads shall be equal to 1.5 times the sum of the structure height plus the rotor radius. Where an applicant proposes to locate one or more towers on a site consisting of multiple contiguous parcels owned or leased by the applicant, the term “property lines” shall mean the exterior boundaries of the contiguous parcels, which adjoin parcels not owned or leased by the applicant. The minimum setback for any tower from any existing residential structure shall be 1,500 feet.

C. Design standards shall include the following:

I . The minimum distance betvvee11 the ground and any part or the rotor blade system shall he 30

lee!.

2. Wind turbine lowers shall not be climbable up to 15 reel above ground level.

3. All access doors to wind turbine lowers and electrical equipment shall be lockable.

4. Appropriate warning signage shall be placed 011 wind turbine towers, electrical equipment and wind energy facility entrances.

5. Towers shall be equipped with air traffic warning lights wbcre the total height of 1he tower exceeds 175 feet.

6. All wind turbines shall have an automatic braking, governing or feathering system to preve11t uncontrolled rotation, ovcrspeeding and excessive pressure 011 the tower structure, rotor blades and turbine componen ts .

D. Perfom1a11ce standards shall include the following:

1. Individual wind turbine towers shall be located so that the level of noise produced by wind turbine operation shall not exceed 55 dBA, measured at the site property line.

2. No individual lower facility shall be installed in any location where its proximity with fixed

b roadcas t, retransmission or reception antenna for radio, television or wireless phone or other personal c,rn1municat io ns sysk ms would produce electromagnetic interference \\·it h signal transmission or reception.

E. Prior to issuance of a building permit, the applicant shall provide the town proof of a level of insurance to be cletern1ined by the Town Board in consultation with the Town’s ins urer, to cover damage or injur y tllat might result from the fa il ure of a tower or towers or any other part or parts of the generation and transmission facility.

F. Any component of a commercial wind power generating facility found to be unsafe by the Zoning Enforcement Officer shall be repaired by the owner to meet federal, state and local safety

standards or be removed within six months. If any wind energy system is not operated for a continuous period of 12 months, the Town will notify the landowner by registered mail and provide 45 days for a response. In such a response, the landowner shall set forth reasons for the operational difficulty and provide a reasonable timetable for corrective action. If the Town deems the timetable for corrective action as unreasonable, they must notify the landowner and such landowner shall remove the turbine within 120 days of receipt of notice from the Town.

ARTICLE 14. SOLAR ELECTRIC ENERGY COLLECTION SYSTEMS

Section 1410. Purpose.

This solar article is adopted to advance and protect the public health, safety, and welfare of the Town of Vienna by creating regulations for the installation and use of solar electric energy generating systems and equipment.

Section 1420. Definitions.

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

Building-Tntegrated Solar Electric Energy System: A combination of solar energy equipment integrated into any building envelope system such as vertical facades, semitransparent skylight systems, roofing ma teri als , or shading over windows, which produce electricity for onsite consumption.

f.’ct·d, fibe r, forage , and oilseed crops as determined by the appropriate state agency or agencies. Fannland of’ Statewide Importance ma y include tracts of’ land that have been designated for agriculture by state law.

Cilare: The elTc1,;t b y rcllec ti ons or light with int ensit y suflicient as determined in a w mmerc ia ll y reasonab le manner to cause anno yance, discom fort, or loss in visual performance and visibi lily in any material respec ts .

Grmmcl-Tvlounted Solar Energy System: A solar system that is anchored to the ground vis s pole or other mounting system, detached from any other structure, that generates electricity for onsite or offsite

consum ption.

Native Perennial Vegetation: Native wildflowers, forbs, and grasses that serve as habitat , forage, and migratory way stations for pollinators and shall not include any prohibited or regulated invasive species as determined by the New York State Department or Environmental Conserva ti on.

Poll i nat or: Be-:s. bi rds, bats. and nthcr i nse cts or wildlilc that pollinate !lowering pl alll::., and i nclude s both wild and managed insects.

New York State Unified Solar Permit: A permit for a roof mounted and grid tied solar electric system , consistent in fon nat, specifications and general process, as modified and adopted, with those of other municipalities that have adopted the New York State expedited solar pennit process.

Prime Farmland: Land designed as “Prime Farmland” in the U.S. Department of Agriculture Natural Resources Conservation Service (NRCS)’s Soil Survey Geographic (SSURGO) Database on Web Soil Survey, that has the best combination of physical and chemical characteristics for producing food, feed, forage, fiber, and oilseed crops and is also available for these land uses.

Minor Solar Electric Device: Small consumer grade solar electric panels used individually for charging batteries and powering small equipment or devices with a cumulative collector surface area equal to or less than 145 square feet and not connected to the electric service.

Roof-Mounted Solar Electric Energy System: A solar energy system located on the roof of any legally permitted building or structure that produces electricity for onsite or offsite consumption.

Solar Access: Space open to the sun and clear of overhangs or shade so as to permit the use of active or passive solar energy systems on individual properties.

Solar Electric Energy Equipment: Electrical equipment, hardware, inverters, conduit, storage devices, or other electric or photovoltaic equipment associated with the production of electricity.

Solar Electric Energy System: The components and subsystems required to convert solar energy into electric energy suitable for use. The term includes, but is not limited to, solar panels and solar energy equipment. The area ofa solar electric energy system includes all the land inside the perimeter of the sol ar elect ric ener gy sysk m, which ex tend s t o any i nterco nne cted equ i pmen t. A solar e le ct ric energy sys t em is classi fi ed as a Tie r I , Tier 2 , or Tie r 3 sol ar electric energy sys tem as follows:

A. Tier 1 solar electric energ y systems include the folJowing:

t 1) Roof moun ted sol ar electri c energy sys te ms .

(2) Building i nte grat ed solar e le c tri c energy sys tems .

B. Tier 2 Solar electric energy systems including ground-mounted solar elec tric e nergy syste ms with system capac ity up lo 25 kW AC.

C. Tier 3 solar electri c energy systems are systems that are not included in the list for Tier I and Tier 2 solar electric energy systems.

Solar Electric Panel: A photovoltaic device capable of collecting and con vertin g solar energy into electric it y.

St orage Ba tte ry: A device that st ores energy a nd ma kes i1 a vail ab le in an e lectri c form.

Section1430. Applicability .

A. Minor Solar Electiic Devices as defined in this law shall be exempt from this ar ticle.

B. The requi rements of th is article shall app l y to a.11 solar electric energy syste ms, as defined in this article and permitted, installed, or modified in the Tmvn of Vienna, excluding general maintenance and repair .

C. Solar electric energy systems constructed or installed prior to the effective date of this article shall not be required to meet the requirements of this article.

D. Modifications to an existing solar electric energy system that increases the solar energy system by more than 5% of the original solar energy system (exclusive of moving fences) shall be subject to this article.

E. All solar electric systems shall be designed, erected and installed in accordance with all applicable codes, regulations, and industry standards as referenced in the NYS Uniform Fire Prevention and Building Code (“Uniform Code”), the NYS Energy Conservation Code (“Energy Code”), and the Town of Vienna Law.

Section 1435. General requirements .

A. A zoning permit or special use permit and a building permit shall be required for the installation of all solar electric energy systems under this article.

B. Approval of proposed developments on sites adjacent to solar energy systems may be conditioned so as to protect their access to sufficient sunlight to remain economically feasible over time.

C. The Unified Solar Permit shall be required to be filled out before any building or zoning permit will be issued.

D. If storage batteries are included as part of the Solar Electric Energy System they shall be located and stored in compliance with the manu facturer ‘ s instructions and the New York State Fire Prevention and Building Code Uniform Code) when in use and when no longer used shall be disposed of in accordance with the laws and regulations or Town of’ Vienna and the State of’ New York.

E. The permitting fees for all Solar El ectric Ene rgy Syste ms shall be set by th e Town Board

and are subjec t to review and modification on a periodic basis. Applicant is also responsible for the actual cost or outside cons ul t i ng le e s and expenses, including without l im i tati on,

engineerin g, surveying and legal.

Section J 440. Permitting requirements for Tier 1 solar electric energy systems.

All Tier 1 solar energy systems shall require a building pem1it and are subject to the following conditions for each type solar system:

A. Roof-mounted solar electric energy systems.

(I) Roof’ mounted solar electric energy systems, when feasible, the following design requirements :

(a) Solar electric panels on pitched roofs shall be mounted with a maximum distance of eight inches between the roof surface and the highest edge of the system.

(b) Solar electric pan els on pitched roofs shall be installed parallel to the roof surface on which the y arc mounted or a tt ached .

(c) Solar elect ric pane ls 1111 pitched roo fs shall not e x te nd higher that the highest point of th e roof surface on which the y are mounted or attached.

(d) Solar electric panels of flat roofs shall not extend above the top of the sun-ounding parapet, or more than 24 inches above the flat surface of the flat roof, whichever is greater.

(2) Glare: All solar panels shall have anti-reflective coating(s).

(3) Height: All roof-mounted solar electric energy systems shall be subject to the maximum height regulations specified for principle structures within the underlying zone.

8. Building-integrated solar energy systems shall be shown on the plans submitted for the building permit application for the building containing the system.

Section 1445. Permitting requirements for Tier 2 solar electric energy systems.

All tier 2 solar electric energy systems shall require a permit in accordance with Section 430. Schedule B, and are subject to the following conditions:

A. Glare: All solar electric panels shall have anti-reflective coatings.

8. Setbacks: Tier 2 solar electric energy systems shall be subject to setback regulations specified for principle structures within the underlying zoning district. All Tier 2 ground mounted solar electric energy systems located in zones HC, HR and SR shall be installed no closer to the front lot line than the principal structure.

C. Height: Tier 2 solar electric energy systems shall not exceed a height of fifteen (15) feet.

D. Screening and visibility.

(1) All Tier 2 solar electric energy systems shall have views minimized from adjacent properties to the extent reasonably practicable .

(2) Solar electric energy equipment shall be located in a manner to reasonably avoid and/or minimize blockage of views from surrounding properties and shading of property to the north, while still providing adequate solar acces s.

E. Lot siz e: Tier 2 solar sys te ms sha ll compl y with t he existing lo t s ize requirement within the underlying zone.

Section 1450. Permitting requirements for Tier 3 solar electric energy systems .

T ie r : sola r electric energy syste ms are cond ition a ll y permitted through the iss uance of a spec ial use permit in acc orda nce with t h is l aw. Special use pe1111it re qu ire men ts in addit io n lo tho se in Article 6, are as fo llo ws:

8 . Vehicular paths: Vehicular paths within the site shall be designed to minimize the extent of impe rvious materials and soil compaction .

C. Sig nag e.

(1) No signagc or gra ph ic conte nt sh all be d is played on the sola r e lec tric en erg y syste m except the ma nu fac tur e r’ s name , equ i pme nt s peci fic aLio11 in flirmat ion, and twe nt y-four-hour eme rgency contact in fo rmat io n. Said infonnation sha ll be depicted within an area no more than eight square feet.

(2) As required by National Electric Code (NEC), disconnect and other emergenc y shutoff i nfor ma tio n shall be clea rl y dis played on a light reflective surface. A d ea rly visib le warni ng sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations.

D. Glare : All solar panels shall have anti-reflective coating(s).

E. Lighting: Lighting of the solar energy system shall be limited to that minimally required for safety and operational purposes and shall be reasonably shaded and downcast from abutting properties.

F. Tree cutting: Removal of existing trees larger than six inches in diameter should be minimized to the extent possible.

G. Deco mmissioning.

(1) Solar electric energy systems that have been abandoned and/or not producing electricity for a period of one year shall be removed at the owner’s and/or operator’s expense., which at the Town’s option may come from any security made with the Town as set forth in Section I (2) herein.

(2) A decommissioning plan signed by the owner and/or operator of the solar electric energy system shall be submitted by the applicant, addressing the following:

(a) The cost ofremoving the solar electric energy system.

(b) The time required to decommission and remove the solar electric energy system and any ancillary structures.

(3) Security.

(a) The deposit, executions, or filing with the Town Clerk of cash, bond, or other fom1 of security reasonably acceptable to the Town attorney and/or engineer shall be in an amount sufficient to ensure the good faith performance of the terms and conditions of the pennit issued pursuant hereto and to provide for the removal and restorations of the site subsequent to remova l . The site must be returned lo pre-construction condition. The amount of the bond or security shall be 1 25% of the cost of removal of the Tier 3 solar t:lectric energy system and restoration of the property with an escalator of 2% annually lor the lire of the solar eledric energy system.

(b) In the event of defaull upon performance or such conditions, after proper notice and expiration of any cnre pe rio ds , the cash , bond, or security shall be forfeited lo the To wn , which shall be en Ii tied lo maintain an action thereon. The cash depos i t, bond, or security shall remain in force and cl’fect until restoration or the property as set forth in the decommissioning plan is comple te .

shall be decommissioned as set forth in Section 1465.B. and 1465.C. herein.

H. Site plan application. For any solar energy system requiring a special use permit, site plan approval shall be required. Any site plan application shall include the following information and that required under Article 6:

(I) Property lines and physical features, including roads, for the project site.

(2) Proposed changes to the landscape of the site, grading, vegetation clea1ing and planting, exterior lighting, and screening vegetation or structure.

(3) A one line elec11ical diagram detailing the solar energy system l ayou t, solar collector ins ta ll at io n, associated components, and electrical interconnection me thods, with all National Electric Code compliant dis conn ed s and over current de vices .

(4) A preliminary equipment specification sheet that documents all proposed solar panels , significant components, mounting systems, and inverters that are to be installed. A final equipment specification sheet shall be submitted prior to the issuance of building permit.

(5) Name , address and contact infonnation of proposed or potential system installer and/or operator of the solar electric energy system. Such information of the final system installer shall be submitted prior to the issuance of building pennit.

(7) Zoning district designation for the parcel(s) ofland comprising the project site.

(8) Property operation and maintenance plan. Such plan shall describe continuing photovoltaic maintenance and property upkeep, such as mowing and trimming.

(9) Erosion and sediment control and stormwater management plans prepared to New York State Department of Environmental Conservation standards, if applicable, and to such standards as may be established by the Planning Board.

( I 0) Prior to the issuance of the building permit or final approval by the Planning Board, engineering documents must be signed and sealed by a New York State (NYS) Licensed Professional Engineer.

I. Special use permit standards include, but are not limited to the following: (1) Lot size.

(a) The property on which the solar electric energy system is placed shall be no less than three acres.

(2) Setbacks.

(a) Tier three solar electric energy systems shall set back 300 feet from the front property line, and I 00 feet from the rear and side property lines unless abutting an occupied residence, in which case the setback shall be 300 feet from the occupied residence.

(3) Height.

(a) 20 n.

(4)

The Tier 3 solar electric energy system shall comply with a height not Lo exceed

Lot co verage .

(a) The following components shall be consiuered included in in the c..ilculalions for lol coverage n::quircments:

(I) Foundation systems, typically cons is ti ng of driven piles or monopoles or helical screws with or without small concrete collars.

(2) All mechanical equipment of the solar electric energy syslem, including any pad mounted structure for batteries, switchboard, transformers, or storage cells.

(3) Paved access roads servicing the solar elect1ic energy system.

(b) Total lot coverage shall not exceed 80% of the total parcel area . Lot coverage maximum requirements listed in Section 420 of this law shall nol apply to Tier 3 solar electric energy systems.

(5) Fencing require ments . All mechanical equipment, including any structure for storage batteries, shall be enclosed by a seven-foot high fence , as required by NEC, with a self-locking gate to prevent unauthorized access.

(6) Screening and visibility.

(a) Solar electric t’nergy sy tems smaller than five acres shall have views minimized from adjacent prlipc n ic s t0 the extent rea:sllliably practicable us i ng architectural features, earth berms , landscap in g, or other screening methods that will harmonize with the character of the property and surrounding area.

(b) Solar electric energy systems 5 acres or larger shall:

(1) Conduct a \·is ual assessment of the visual impacts of the solar electric energy on public road,vays and adjacent properties. At minimum, a line-of-sight profile analysis shall be provided. Depending on the scope and potential significance of the visual impacts, additional impact analyses, including for example a digital viewshed repor t, shall be required to be sub1nitted by the applicant.

(7) Agricultural resources. For projects located on agricultural lands:

(a) To the maximum extent practicable, Tier 3 solar electric energy systems located on Prime Farmland shall be constructed in accordance with the requirements of the New York State Department of Agriculture and markets.

(b) Tier 3 solar electric energy system owners shall develop, implement, and maintain native vegetation to the extent practicable pursuant to a vegetation management plan by providing a native perennial vegetation and foraging habitat beneficial to game birds, song birds, and pollinators. To the extent practicable, when establishing perennial vegetation and beneficial foraging habitat, the owner shall use native plant species and seed mixes.

Section 1460. Safety.

(A) Solar electric energy systems and solar energy equipment shall be certified under applicable electrical and/or building codes as required.

(B) Solar electric energy systems shall be maintained in good working order and in accordance with industry standards . Site access shall be maintained, including snow removal at a level acceptable to the local fire department and , if the Tier 3 solar electric ene rg y syste m is lo c ated in an ambulance d is tr ict , the loc al ambu lan ce corps.

(C) lf storage batteries ar e included as part of the solar electric ene rgy syste m, th ey sha11 meet the req uir e men ts of any applicable fire prevention and building code when in use and , when no longer used shall be disposed or in accorda nce with the laws and reg u l a ti ons of the Town and any applicable federal, state or county laws or regulations.

Section 1465. Permit time frame and ahanclonmcnt.

(B) Upon cessation of electricity generation by a solar electric energy system on a continuous basis for 12 mon th s . the Town ma y no ti fy and in st ruc t the owner and ‘or ope rato r to implement the decommi ss io nin g plan. The plan mu st be completed within ‘.\ 60 clays of notification.

(C) If the owner and/or operator fails to comply with decommissioning upon any abandonment , the Town may, at its discretion, utilize the bond an d/or security for the removal of the solar electric energy system and restoration of the site in accordance with the decommissioni ng plan. Further, the Town may perfonn the decommissioning itself, and recover all costs of such decommissioning, including reasonable attorneys’ fees. If necessar y, the Town’s costs will be recoverable against the ovmer of the land (including Lax lien) and operator of the solar an ay, on a joint and severable liability basis.

(D) If the owner or operator of the Solar Electric Energy System changes or the owner of the property changes, the special use permit shall remain in effect, provided that the successor owner or operator assumes in writing all of the obligations of the special use permit, site plan approval, and decommissioning plan. A new owner or operator of the Solar Electric Energy System shall notify the Town of such change in ownership or operator thirty [30] days prior to any ownership change.

ARTICLE 15. SOLAR THERMAL ENERGY COLLECTION SYSTEMS

Section 1510. Solar energy collectors exempt

The following shall be exempt from the requirements of this Article. Passive solar thermal energy collection systems, according to definition, which would include, but not be limited to, greenhouses, cold frames, windows, glass walls, thermal absorbing walls, ponds, fences, driveways or parking surfaces, solar thermal shingles, or under roof or roof cap absorbers.

Section 1520. Requirements for micro solar thermal collector systems

I. Micro systems shall not require a zoning pennit.

2. Micro systems shall be subject to the setback requirements for accessory structures in Section 595, however in HC, HR, and SR zone:;, they shall be constructed no closer to the front lot line than the principle structlire.

3. Solar thermal collector systems may 1101 utilize liquids or gases that arc explosi ve, flammable or toxic to humans or an ima ls.

Section 1530. Requirements for small scale solar thermal systems

I. Roof and wall mounted solar thermal systems require a building permit application to be completed and approved by the code enforcement officer. Approval of the system requires that it comply with New York State Residential Building Code, Chapter 23 – Solar Systems.

2. Ground mounted systems shall require a pem1it in accordance with Section 430. Schedule B.

3. Ground mounted systems are subject to the set back requirements for principal structures, however in I-JC, HR, and SR zones, they shall be constructed no closer to the front Jot line than the principle structure .

4. Ground mounted systems shall not exceed a maximum height of fifieen (15) feet.

5. All sol:.ir collectors and related equipment shall be surfac ed. de::.igncd and sited to minimize glare on adjacent properties and roadways.

6. Solar thennal collector systems may not utilize liquids or gases that are explosive, flammable or toxic to humans or animals.

Section 1540 . Requirements for large scale solar thermal systems

I. All large scale systems shall require a special use permit.

2. Applicant shall provide all required special use permit information including, but not limited to:

A. A site plan showing property lines and physical features, including roads; proposed changes to the landscaping of the site, grading, vegetation clearing and planting, exterior lighting, screening, vegetation or structures; the proposed layout of the system; electrical diagram detailing the solar installation, associated components; and documentation of the major system components to be used. All plans and maps shall be prepared and stamped by a Professional Engineer licensed in the State of New York.

B. Name and address of the proposed installer.

C. An operation and maintenance plan.

D. Proof of liability insurance or the ability to secure same in an amount adequate for the size, scope, and other details of the proposed project.

E. A decommissioning plan.

F. The planning board may waive certain documentary requirements as it deems appropriate.

3. Large scale solar thennal systems shall be on parcels of not less than three acres .

4. The total surface nrca or all ground mounted and freestanding solar collectors. including solar panels and a rra ys, shall not exceed 80% or the total parcel area. Lot coverage maximum requirements listed in

Section 420 of this law do not apply to large scale solar systems.

6. Construction or on-site access roadv,1 ays shall be minimized.

7. Removal of existing trees larger than six inches in diameter should be minimized to the extent possible.

8. To the maximum extent practicab le, Large Scale Solar Energy Systems located on prime farmland shall be constructed in accordance with the current version of the Guidelines for Agricultural Mitigation for Solar Energy Projects published by the New York State Department of Agriculture and Markets.

9. All ground mounted solar collectors shall not exceed twenty feet in height.

I 0. All mec hanical equipment shall be completely enclosed by an seven foot high fen ce with a self lockin .<::r:, .Q…JtC.

11 . A vegetated perimeter buffer 10 provide year round screening of the system from adjacent residential propertie s shall be installed and maintained.

12. All solar thennal energy system components shall be designed and located in order to prevent reflective glare toward any residential properties.

13. All onsite utility and transmission lines shall be, to the extent feasible, placed under ground.

14. Solar thermal collector systems may not utilize liquids or gases that are explosive, flammable or toxic to humans or animals.

15. Lighting shall be consistent with state and federal law. Lighting of appurtenant structures shall be limited to that required for safety and operational purposes and shall be reasonably shielded from abutting properties. ·where feasible, lighting of the solar collectors shall be directed downward and shall incorporate full cutoff fixtures to reduce light pollution.

16. A sign that identifies the owner and operator with an emergency telephone number where the owner and operator can be reached on a 24-hour basis is required. There shall be no other signs except announcement signs, such as “no trespassing” signs or any signs required to warn of danger.

17 . There shall be a minimum of one parking space to be used in connection with the maintenance of the solar collection facility and the site. However, it shall not be used for the permanent storage of vehicles.

18. Monitoring and Maintenance. The system owner or operator shall maintain all facilities in good condition. Maintenance shall include but not be limited to painting, structural repairs, and integrity of security measures. Site access shall be maintained in an acceptable manner to local fire and emergency services departments.

19. Decommissioning Plan. To ensure the proper removal of a Large Scale Solar Thennal System, a decommissioning plan shall be suhmittcd as part of the application. Compliance with this plan shall he made a condition or the issuance of special use permit approval under this Sec ti on. The decommissioning plan must specify tlwt after the Large Scale Solar Thermal System can 11\J longer be use d, it shall be rernoveJ and disposed of by the applicant or any subsequent owner in a lawful and proper manner . The plan :-hall demonstrate how the removal or all infrastructure and the remediation of soil and vegetation shall be conducted to return the parcel to its original sta t e prior to construction. The plan shall include an expected timeline for execu ti on. /\ (;()St estimate detailing the projected cost of execu ti ng Lhe decommissioning plan shall be prepared by a professiona l engineer or contractor. Cost estimations shall take inOation into account. Decommissioning plans shall contain funding guarantees such as sec urit y bonds, escrow accounts, or uther financial securities acceptable to the town to assure that abandonment or decommissioning costs are fully funded and readily available if needed .

20. Abandonment or decommissioning. Any system which has been abandoned or ceases operation shall be removed within 180 days . Decommissioning shall consist of removal of all installations, struc tures, equipment, secmity barriers and transmission lines from the site. All solid and hazardous waste will be disposed of according to applicable law. Stabilization or revegetation of the site will be done as necessary to minimize erosion. If the system is not deconunissioncd within the 180 day time frame by the owner/operator after being deemed abandoned, the tovm reserves the right to initiate the decommissioning u tili zing t he financial secu1ities as agreed in the decommissioning plan to fund the decommis sionin g effo11s.

Section 1550. Solar concentrating devices.

I. Devices with a footprint of 150 sq. ft. or less and a focal distance of 36 inches or less from its reflecting or concentrating surfaces, shall not require a zon in g permit. These devices are subject to the set back requirements for accessory strnctures.

2 . Devices with a footprint greater than 150 sq. ft., but less than 2,000 sq. ft. and a focal distance of 36 inches or less from its reflecting or concentrating surfaces, shall require a zoning permit. These devices are subject to the set back requirements for principal uses.

3. Devices with a footprint of 2,000 sq. ft. or greater and a focal distance of greater than 36 inches from its reflecting or concentrating surfaces, require a special use permit.

4. Devices may not be mounted on or within 15 ft. of a building.

ARTICLE 16. PROHIBITION AGAINST THE EXPLORATION FOR OR EXTRACTION OF NATURAL GAS AND/OR PETROLEUM.

Section 1610. Prohibitions

No use or operation on any land, parcel, lot, or other area located within the Town of Vienna, including but not limited to within any Planned Development Zone, shall be proposed, allowed, or permitted where such use or operation involves: (i) any Natural Gas and/or Petroleum Exploration activities; (ii) storage or staging, for any length of time and whether above or below ground, any Natural Gas and /or Petroleum Exploration and Production Materials or any Natural Gas Exploration and /or Peh·oleum Production Was tes; or (iii) any Natural Gas and/or Petroleum Extraction activities or any Natural Gas and/or Pe trole u m Support Activities: or (iv) any d1illing , conshu cti on, or excavating of any well to find or produce any Natural Gas or other hydrocarbons, or (v) any storage , s t aging, processi ng, or t reat ment area s, structures, or i rnp ron : mcnts relating to Na t ura l Gas , pet role u m, or any related hyd rocarbons , Natural Gas and’or Petroleum Ex pl orati on and Produc t i on Ma te ria ls, or Natural Gas Exrloration and /or Petroleum Production Wastes. or (vi) any disposal or Natural Gas Exploration and/or Petroleum Production Wastes , or, ( ·ii ) the erection or const ruc ti on of any de1Tick, building, or other structure, or placement or use or any mach i ne ry or equipment, frlr any such purposes.

The above resl ri cti ons shall not be construed to:

(a) prevent or prohibit the t ran sm issi on of Natural Gas or related hydrocarbons through utility pipes, lines, or related appurtenances for the limited purpose or suprlying utility services to resident s of the Town or Vienna;

(b) prevent or prohibit the location or permitting of a ( ia so lin e Service Station or an Automotive and Other Motorized Vehicle Repair facility where otherwise allowed under this Zoning Law ; or

(c) prevent or prohibit the incidental and normal storage or use of reasonable and customary amounts of Nah1ral Gas and other hydrocarbons in relation to any other use that is lawful under this Zoning Law, such as home heating storage facilities (e.g., propane tanks) , gasoline pmnps and storage tank s, and similar uses that are nonnally associated with allowed re side nti al, bus ine ss. commercial, and other us es permitted pursuant to and under this Zoning Law; or

d) prevent the drilling or operation of a single vertically bored natural gas well, created without the use of

hydrauli c fracturing processes, chemicals, o,r :vastes, where the gas is actually used in its entirety on the

property, if the well will be located in Zone RR-1, RR-2 or RR-3, upon obtaining a Special Use Permit and subject to any other arplicable restrictions of the Zoning Law.

e) prevent the production, use or sale ofbiofuels with on site storage not to exceed 250 gallons for liquid biofuels or 250 cubic feet for gaseous biofuels, subject to any other applicable restrictions of the Zoning Law.

f) prevent the production, use or sale ofbiofuels with on site storage not exceeding 1000 gallons for liquid biofuels or 500 cubic feet for gaseous biofuels, provided the facilities for production and storage are located in Zone RR-1, RR-2 or RR-3, upon obtaining a Special Use Permit and subject to any other applicable restrictions of the Zoning Law. Setbacks for such facilities must meet the maximums for the respective zone. Facilities must adhere to the standards for Small Manufacturing Use, as defined elsewhere in the Zoning Law. Facilities in excess of these size limitations will be considered a Large Manufacturing Use and subject to those requirements and stand ards.

ARTICLE 17. PARKING, LOADING AND CIRCULATION

Section 1710. General Parking Requirements

A. All uses shall be provided with off-street parking for all vehicles during typical peak use periods.

B. All uses with nonconforming parking situations shall comply with the parking requirements of this law if one or more of the following conditions occurs:

1. The use changes.

2. The use expands its gross floor area by 20% or more.

3. The use is destroyed and seeks to be reestablished.

4. The use is discontinued for a period of six months or longer and seeks to be reestabl is hed .

C. ;\ parking space shall not be less than 9 feel by 20 feet exclusive or access ways and driveways.

D. Off-street parking ma y be located off-s i te but mu st be within 500 feel of the site.

E. No nonresidential or multi- fami l y residential parking area sha ll be locate d within ten feet or a side Jot line.

F. To th e greatest extent possible all parking areas shall be located behind the fac ili ty setTed and out of roadside view. v\tl1ere parking areas must be located to the side or in front or a facility adjacent to a public road , appropriate landscaping or visual barriers shall be provided.

G. All parking areas for nonresidential and multi-family residential uses shall be designed to allow vehicles to exit front first onto roads.

Section 1720. Number of Parking Spaces Required

A. To the greatest extent possible the size of all parking areas for commercial facilities shall be based on gross le asabl e area (GLA). \:\/here gross le asab le area figures are una va il able , gross floor area (GFA) figures sha ll be used.

B. All fractional proportions of parking spaces as calculated shall be rounded to the next higher whole nu mber .

C. Minim

kin hall b · d as foll

D. Where the applicant has provided lo the Planning Board evidence of the necessity for a les se r number of parking spaces than are required in the above chart, the Planning Board may waive the above requirements and allow the number of spaces deemed necessary by the Board.

Section 1730. Off-Street Loading Areas

A. All commercial and indus1Jial uses shall be provided with off-street loading areas and facilities adequate to accommodate all loading activities on-site .

8. Load i ng area s ma y not be es tabl is hed within fron t, side or rear ya rd se t bac ks .

C. Parking areas as required by t hi s lmv may not be designated as loading areas.

Section 1740. Parking and Loading Arca Screening and Planting

A. All parking and loading areas for nonresidential and multi-family residential uses shall be effec tively screened from public view with a mixed evergreen and deciduous shrub planting, three to six feet high or as necessaiy to fully screen the area. The width of planting screens varies with plant sizes, but a general plan for screen plantings would include a double row, staggered layout of

shrubs, with a minimum width of six feet. Native and naturalized trees and shrubs shall be planted wherever possible as indicated in Section 720 of this law.

B. Nonresidential and multi-family residential buildings may serve as parking and loading area screens and should be located at the front edge of parking and loading areas.

C. Parking areas containing more than ten spaces shall be planted with at least one shade tree per eight parking spaces. Trees shall be a minimum of two inch caliper DBH, and located in a planting bed with a minimum of 40 square feet of growing area per tree. Plantings should be located within parking areas as well as to enclose parking areas in an effort to screen views and reduce noise, glare, and heat accumulation in the parking areas.

Section 1750. Site Entrances

Access to all nonresidential and multi-family residential uses shall be consistent with the standards set forth in “Policy and Standards for Entrances to State Highways,” as revised, published by the New York State Department of Transportation.

Section I 760. Drive-Up Service Lanes

Facilities with drive-up service lanes shall have a minimum of five waiting spaces for each drive-up lane. Each waiting space shall be at least 20 feet in leng th. \Vhere multiple dr i ve-up lanes exist , there shall be at least one additional waiting space which shall he in a common lane.

ARTICLE 18. SIGNS

Section ] 810. Exempt Signs

.’\ perm it shall not be re qu ire d for Lhe following sig ns:

A. Temp orary Signs

1. Announcing Signs . One sign per road frontage of a building which is under construction or struc t ur al alteration or repair announcing the charac te r of the building enterprise or the purpose for which the building is inte nded , one sign per other construction project, including names of architects, engine ers, contractors, developers, financiers, and others, provided the area of such sign shall not exceed 20 square feet. Placement shall not exceed 30 days following completion of the project.

2. Rcc1l Es ta te Si gns. One sign per road frontage not exce edin g 16 square feet advertising the sa le, ren ta l, or le ase of t he premis e s on which d is played. Placc rncnt s hall not exceed 30 days fo llo wing the sa le , r e nta l or l e ase of the properl y. /\ II s uch s ign::: s ha ll be set hack at least 15 feet from any property line .

3. Subdivision Signs. One sign per road entrance to the subdiv is io n and located on the prop c11y to be subdivided, provided such sign shall not exceed 32 square feet in area. Such sign may not be erected until the subdivision has been approved by the appropriate officials . Placement shall not exceed one year from the date of subdivision approval. The display period may be extended upon approval of the Planning Board for a reasonable period of time, not to exceed one year at any given time .

4. Sale Ad and Political Campaign Sign s. Posters, banners, promotional devices, and similar signs no greater than four square feet in area in HC or HR zones and 16 square feet in all other zones advertising special sales of goods or merchandise, special events or political campaigns. Political campaign signs placed on public land or rights of way and all other non-political signs regulated under this Section 1810.4 are permitted to be displayed up to 30 days before the event advertised and must be removed not later than 30 days after the event occurs. All signs must be placed such that they do not create a safety hazard.

5. Window Posters. Non-illuminated window signs and posters not exceeding seventy-five percent of the window surface. Placement shall not exceed 30 days.

6. Roadside Stand Signs. One sign for roadside stands selling agricultural produce grov.’ll on the premises in season, not to exceed 24 square feet, located no closer to the road than the stand itself. Such signs shall be removed within 30 days following termination of the sale.

B. Institutional Signs. One sign per road-front , setting forth or denoting the name of any public , non commercial, charitab le, or religious institution when located on the premises of such institution, provided such sign shall not exceed 32 square feet in sign area.

C. Public Signs . Signs of a public or non-commercial nature, which shall include community senrice information sig ns, rllhlic transit service si gns, public utility info1111ation s igns , safety si gns , clanger s ig ns , no-t res passing signs, signs i nd ic at in g scenic or hist o ric points of in te rest , tra flic control sig ns, and all sig ns e rected by a public orriccr in the performance of” a public dut y.

D. \fanufacturcd Home Park, or Subdi vis ion Name Signs. One non-illuminated sign not to exceed 32

,;quarc feet in area per excl usive entrance to a subdiv isi o n or park; s uch s igns are restricte d to the subdivision or park nam e.

E. i’vlult i ple Dwelling Signs . One si gn, building or ground mounted , indicating the nam e of the dwell i ng . Such sign shall not exceed te n square feet in area or per side if doub le- faced.

r-. Gasoline Station Sig ns. Integral graphics or attached price signs on gasoline pumps. Two auxiliary signs per s tation , each not exceeding four square feel.

G. Flags. Official flags of govermm:nt jurisdictions , including flags indicating weather conditions and flags which are emblems of on-premises religio us , charitable, public, and nonprofit organizations.

H. Plaque s. Commemorative plaques placed by historical agencies recognized by the town, the county

or stat e.

I. I nte gral dcco rot ivc or archit cct ur:i l fcatm c s of bu il dings, ex.ccpt letters, t rademarks , moving pan s, or moving ligh ts.

J. Signs directing and guiding traffic and parking on private propert y, but bearing no advertising mat ter.

K. Signs ten square feet or less in area and bearing only property numbers , post box num bers, or names of occupants of premises.

L. Signs made exclusively of vegetative material.

Section 1815. Off Premises Signs

No more than six off premises signs shall be allowed per business. Off premises signs shall comply with the provisions of Section 1820 of this law.

Section 1820. Sign Standards

All signs shall be subject to the following standards:

A. Wall signs shall be no larger (in square feet) than the width of the building (in feet) multiplied by three.

B. Projecting signs shall be no larger than eight square feet per face, v.rith a maximum of two faces.

C. Free-standing signs shall be no larger than 32 square feet per face, with a maximum of two faces.

D. The nuniber of free-standing signs allowed shall conform to the following table:

Road Frontage Number of Signs Allowed

Less than 500 feet 1

500-1ooo feet 2

Over I 000 feel 4

E. Signs sha ll be set back at least two feet from any road line un less a tt ached flush lo a building and prntrucli11g not more th a n 12 inches rrum the wall or such building.

F. Free-standing signs shall not exceed 20 feet in height, measured from the highest leve l or natural ground immediately beneath the sign to the highest point of the sign or the supporting stmcture thereof.

G. Signs adve11ising fann and home based businesses in residential zones shall not exceed sixteen square feet in area .

H. Signs shall not project into the public right-of-way .

1. Signs shall not project above the roofline or parapet of a bui l ding.

.I. \\ ·ord i ng and graph i cs pf” s igns sha ll he li m it e d to t he name of tbe establi shm ent and it s pri nL·ipal service or prnv ose.

K. Luminous signs , indirectly illuminated signs, and lighting devices shall not be placed or directed so as to cause glaring or non-diffuse beams of light to be cast npon an y public road, or adjacent premises, or otherwise to cause glare or reflection that may constitute a traffic hazard or nuisance.

L. Signs shall not be placed, painted or drawn upon h·ees, \vorks or natural features on the site, or on utility poles, bridges, culverts, towers or similar structures.

M. Signs shall be kept in good repair and display surfaces shall be kept neatly painted at all times.

ARTICLE 19. NONCONFORMITIES

Section 1910. Intent

The intent of this article is to recognize certain uses, lots of record and structures which legally existed at the time of enactment or amendment of this law and which would be prohibited or unreasonably restricted by the provisions, regulations, or standards herein. All rights of nonconformity shall continue regardless of the transfer of ownership of nonconforming uses, lots, or structures.

Section 1920. Nonconforming Uses

Any use of land or structures which by the enactment of this law is made nonconfom1ing may be continued on the premises and to the extent pre-existing provided that:

A. No nonconfonning use shall be expanded, extended, or otherwise increased so as to occupy a greater area of land than was committed to the nonconfonning use at the time of such enactment;

B. No nonconforming use shall be extended so as to displace a conforming use;

C. Any nonconforming use which has, for any reason , been abandoned for a period nf one year , shall not be reestablished and only conforming uses shall be thereafter pe rm it ted ;

D. A nonconforming use once changed lo a conforming use shall not be permitted lo change back to a

nunconforming use.

Section 1930. Nonconforming Lots of Record

Any lot of record hdcl under separate ownership prior lo the enactment of this law and having lot \Vidlh, depth, or size less than the minimum area requirements set forth in this law may be developed for single family residential use provided that such lot has sufficient width, depth, and size to undertake development which will:

A. :Mainta in the required minimum front yard;

B. Meet or exceed at le ast two-thirds (2/3) of the required minimum side and rear yards ; and

C. Not exceed the maximum pem1itted lot coverage.

Section 1940. Nonconforming Structures

A. No structure \Vhich by the enactment or amendment of this law is made nonconfonning or placed in a nonconforming situation with regard to yard sizes, lot coverage, height or any requirement of this law, other than the use to which it is put, shall be changed so as to increase its nonco11fonnity. 1f a structure is nonconfon11ing as to use, see Section 1920 above.

B. Any such nonconfonning structure may be used for any compatible use listed for the zone in which it is located as designated on Schedule B of this law.

Section 1950. Nonconforming Structures Damaged or Destroyed

Any structure which is nonconforming as to use, yard sizes, lot coverage, height or any other requirement of this law, which is damaged or destroyed by fire or other hazard, may be repaired, restored or reconstructed provided that such work is undertaken within one year of the date on which the damage or destruction occurred. No such work shall increase the nonconformity of the structure.

ARTICLE 20. ADMINISTRATION AND ENFORCEMENT

Section 2005. Zoning Permits

1. Erection, re-erection or movement of a building or structure;

2. Change of the exterior structural dimensions of a building or structure;

3. Change in use of land, buildings or structures through the establishment of a new use, or through the expansion or enlargement of an existing use;

4. The resumption of any use which has been discontinued for a period of twelve months or longer:

:”i. Construction, replacement or major modification of any on-site sewage dis posal system:

h. Establishment or change in dimensions or a parking area for nonr esi dentia l or multi-family residential uses;

7. Placement ofa sign as regulated in Article 18 of this law.

B. A zoning pennit shall not be required for:

I. Accessory buildings with less than 145 square feet of ground coverage; complying with Section 595 of this law;

2. Exempt signs listed in Article 18 of this law;

3. Fences or walls complying with Sections 517 and 520 of this law;

4. Interior structural alterations or routine maintenance and improvement that does not expand the exterior dimensions of the structure (e.g., roofing, window replacement, siding replacement, etc.);

5. Minor accessory struct1rres such as posts , sidewalks, driveways, flagpoles, playground equipment, etc.

6. Agricultmal uses,

7. ]Vfinor Solar Electric Device,

8. Tier I Solar Energy Syste m,

9. fvlicrn Solar Thermal Sy:-: te m,

I 0 . Small Scale Building Mounted Solar Thermal System.

C. Special use permit review shall be required for uses listed iu Section 430 and elsewhere in this law.

Section 2010. Temporary Zoning Permits

Temporary zoning permits may be issued upon approval of the Planning Board for temporary uses and structures incidental to a construction project. Such permit shall not exceed 12 months, and may be renewed one time upon approval of the Planning Board. Such temporary permits shall be conditioned upon agreement by the applicant to remove any nonconforming structures or equipment upon expiration of the permit, or to bring the use into compliance by a specified time.

Section 2015. Application Procedure for Zoning Permits

A Applications for zoning permits, including those for uses requiring special use permit review, shall be submitted to the Zoning Enforcement Officer or Town Clerk and shall include two copies of a layout or plot plan showing the actual dimensions of the lot to be used; the size and location on the lot of existing and proposed structures and accessory structures; the setbacks of structures from all lot lines, road lines, mean high water lines of lakes, streams, ponds and wetlands, and any other fea tures of the lot; sewage disposal system plans prepared in accordance with Appendix 75A, Part 75, Public Health Law and applicable sections of this law. This information, and other relevant application data, shall be provided on fonns issued by the Town Clerk.

B. When establishing measurements to meet the required setbacks and yard sizes , the measurements shall be taken from the lot line, road li ne, or nearest mean high water line to the furthennost protruding part of the use or stmc ture . This shall include such projecting facilities as porches, c.1r ports, a tt ach ed garages. etc.

C. The Zon i ng En fi.in.:cmc nt Orlicer shall take action to approve or d is appro ve t he applic ati o n within iiflecn days or tlw receipt of a comp l eted applic ati on by the Town C le rk or Zo nin g En forcement Officer and the payme nt of all le es .

D . Zoning perm i ts, induding those f’or us es requ iri ng spec ial us e permit review , shall exp i re one year frum the da te of issue, after which new pe rm it s s hall be requ i red.

E. Plans and spec ilk ati ons bearing the sea l and signature ofa reg iste red architect or licensed engineer shall be provided for all plans submitted for any constmction of or alteration to any commercial buildings and buildings of public assembly and for all other buildings except agricultural buildings, outbuildings, accessory strnctures and res identi al buildings under 1,500 gross square feet of floor space.

Section 2020. Permit Fees

Section 2025. Cl·rtificatc or Compliance

A. No use or structure requiring a zoning permit in Section 2005.A of this law , including one for a use requiring specia l pennit revie w, shall be occupied, used, or changed in use until a certificate of compliance has been iss ued by the Zoning En forcemen t Officer stating that the use or structure complies with the provisions of this law .

B. All certificates of compliance shall be applied for coincidentally with the application for a zoning permit and shall be issued within ten days after the use has been approved as complying with the provisions ofthis law.

C. A temporary certificate of compliance for not more than ninety days for a part of a building or lot may be issued upon approval of the Zoning Board of Appeals. Such temporary certificate may be renewed upon request for an additional ninety days.

D. The Zoning Enforcement Officer shall maintain a record of all certificates and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the property affected.

Section 2030. Unapproved Lots

No zoning permit or certificate of compliance shall be issued for any use or structure on any lot which has been filed in the Office of the County Clerk after the effective date of the Town of Vienna Subdivision Regulations, unless such lot is included in a plat which has been approved by the Planning Board and filed with the Office of the County Cler k, or was exempt from said regulations at the time of filing.

Section 2035. Zoning Enforcement Officer

A. This law shall be enforced by the Zoning Enforcement Officer, who shall be appointed by the Town Boa rd.

B. The dut ie s of th e Zo n i ng Enforce me nt Oflic er sh all be to:

I . Approve and disapprove zoning permits and certificates or compliance;

2. Scale and interpret zone boundar ie s on the zoning map;

3. Refer approp1iale ma iler s to t be Board of Appea ls , Planning Board. or Town Board;

4. Revok e zoni ng pen n i ls or certi fi cate s of compliance where ther e is false , misleading or i ns u fficien t i nforma ti o n or wher e the applicant has varie d from the te rms of th e app l ic ation;

5. In vestig ate violatio ns, issue stop work orders and appea ranc e tic kets, and refer violations to the Town Justice or the Town Board;

6. Repo11 at regular Town Board meetings the number of zoning pennits and ce1titicates of

occupancy issued.

Section 2040. Zoning Board of Appeals

A. Creation : A Zoning Board of Appeals is hereby created pursuant to Section 267 ofTo\\11 Law. The Board shall prescribe rules for the conduct of its affairs.

B. Powers and du ties : The Board of Appeals shall have all the power and duties prescribed by Section 267 of Town Lm\· and by th is l aw , which are more pa rtic ul arly spec ified as follows:

1. Tnteq)r e tatio ns: Upon appeal from a decision by the Zoning Enforcement Ofii cer, to decide any question involving the interpretation of any provision of this law, including detennina tion of the exact location of any zone bou nd ary.

2. Variances: To vmy or adapt the strict application of any of the requirements of this la\V in the case of exceptionally irregular, narrow, sha llo w, or steep lots, and other exceptional physical conditions; or undue use hardships; whereb y such strict application would result in practical difficulty or unnecessary hardship that would deprive the owner of the reasonable

use of the land or building. In granting any variance, the Board shall prescribe any conditions that it deems to be necessary or desirable.

C. Procedure: All applications made to the Board shall be in writing and on a form prescribed by the Town. Every application shall refer to the specific provisions of the law being appealed and shall exactly set forth the interpretation that is claimed, the use for which the permit is sought, or the details of the appeal that is applied for and the grounds on which it is claimed that the appeal should be granted, as the case may be. A hearing shall be held for all actions in conformance with the requirements of Town Law. Every decision of the Board shall contain a full description of reasons for granting or denying the appeal. The reasons for the action shall be set forth in the minutes of the Board meeting at which the action was taken. Each member’s vote shall be recorded.

Section 2045. Planning Board

A. Powers and duties: The Planning Board shall have the following powers and duties with respect to this law:

1. Approval of special uses, site plans, and subdivisions;

2. Submittal of an advisory opinion to the Town Board for proposed amendments to this law.

B. Procedure : All applications made shall be made in v.rriting on fonns prescribed by the Town. Every decision of the Planning Board shall be made by resolution which shall contain a full record of findings in the case.

Section 2050. Violations and Penalties

A. Whenever a violation ol”t his law occurs any person may file a complaint in regard thereto. All such complaints must be in writing and shall be filed wi th the Zoning Enforcem ent Officer who shall properl y record and immed iate l y investigate such complaint. If the complaint is found to be valid, the Zoning En forcem ent Officer shall take necessar y enforce men t adions including a violat io n nu ti ce order to remedy or a s lo p work orde r as deemed nec es sary requ i ring all work lo c e ase until the vi olation is cor rect e d.

B. Pursuant to Section 150.20 (3) of’ the Criminal Procedure Law, the Zoning Enforcement Officer is hereby authorized to issue an appearance ticket to any person causing a violation of this law , and shall cause such person to appear before the Town .Justice.

C. Pursuant to Section 10 of Municipal Home Rule Law and Section 268 of TO’vvn Law, any person, finn, or corporation who commits an offense against, disobeys , neglects , or refuses to comply with or resists the enfon :emen t of any of the provisions of this law shall, upon conviction, be deemed guilt y of a violation and shall be punishable by a fine of not more than $1,000 per day or violation, or imprisonment not exceeding one year or both.

D. The T cJ\ \l l 13oard ma y ma intain an ac t ion or proceed i ng in the n:nne of the Town in a cour t of competent jurisdiction to compel compliance with or restrain by injunction the violation oftb.is law.

Section 2055. Amendments

A. The Town Board may amend, supplement , or repeal the regulations and provisions of this law after public notice and public hearing. All proposed changes subject to General !Vlunicipal Law Section 239-m shall be refened to the County Planning Board for a recommendation and rep01t thereon

“–,

“-

prior to final action. The Town Board, by resolution adopted at a stated meeting, shall fix the time and place of a public hearing on the proposed amendment and cause notice to be given as follows:

1. By publishing a notice at least ten days prior to the time of such hearing in the official newspaper of the Town,

2. By referring the proposed amendments to the Clerk of the County Legislature and the clerks of neighboring towns and villages, and to any housing authority or state park com mission whose property might be affected, at least ten days prior to the public hearing.

B. In case of a protest against such change signed by the owners of twenty per cent or more of the area of land included in such proposed change or of an adverse recommendation by the County Planning Board, the Town Board must have a majority plus one vote in favor of the change to adopt the amendments.

Section 2060. Interpretation and Separability

A. Interpretation and application of the provisions of this law shall be held to be minimal requirements, adopted for the promotion of the public health, safety, or the general welfare. Whenever the requirements of this law differ from the requirements of any other lawfully adopted rules, regulations, or ordinances, the most restrictive, or that imposing the higher standards, shall govern.

B. Should any sections or provisions of this law be decided by the courts to be w1constitutional or inval id , such decision shall not affect the validity of the law as a whole or any part thereof other than the part so clccided to he unconstitutional or in val id.

Section 2065. Effective Date

This local law will take effect i mm edi ate ly up o n filing in the Office of t he Secr etary of State. i\tlotion By: Wendy Herbs t

Seconded By: Ga il Whitman

Motion Carr ie d.

Voting Record:

Supervisor Michael Davis – aye Councilman Jason Lamb – aye Councilwoman Wendy Herbst – aye Councilman Jason Spellicy – aye Councilwoman Gail Whitman – aye

Dated: 2 November 2022

Beth Bw1ce, Assistant Tovm Clerk

TOWN OF VIENNA
Oneida County, New York

ZONING LAW

Adopted by Local Law No. 1 of 1991 on 30 September 1991
Effective 18 September 1991

Revision A – Local Law No. 2 of 1994 Adopted 24 March 1994
Effective 16 March 1994
Revision B – Local Law No. 1 of1997 Adopted 16 May 1997 Revision C – Local Law No. 1 of 1998
Effective 13 July 1998 (Airstrips in Commercial Zone)

Revision D – Local Law No. 5 of 1998 Adopted 5 January 1999 (Definition – Adult Book Stores)

Revision E – Local Law No. I of 1999 Adopted 4 August 1999 Effoctivc 10 J anuar y 2000 (Telecommunications Towers)

Revision F – Local Law No. I of2000 Adopted 11 April 2000 (Mobile Home Law)

Revision G – Local LawNo. 1 of 2001 Adopted 11 .July 2001 Moratorium on .Junk Yard Storage Facilities

Revision H- Local Law No. 2 of2004 Adopted 30 June 2004
Uniform Fire Prevention and Building Code – Sections 2,6 and 10 and the Addition of New Section Entitled Remedies

Revision I – Local Law No. 2 of2006 Adopted 7 September 2006 Change of Zoning Map

Revision J – Local Law No. 1 of2007 Adopted 21 March 2007
Administration and Enforcement of the New York State Uniform Fire Prevention and Building Code

Revision K- Local Law No. 2 of 2007 Adopted 25 .July 2007
Administration and Enforcement of the Property Maintenance Code of the State of New York

Revision L – Local Law No. 6 of 2008 Adopted 16 July 2008 Town of Vienna Sustainable, Independent Vienna

Revision M – Local Law No. 9 of 2008 Adopted 15 October 2008 Amendment to Zoning Law Definition of Fence

Revision N – Local Law No. 13 of2008 Adopted 19 November 2008 Addition of Section 595 – Accessory Uses and Structures Setbacks

Revision 0- Local Law No. Local Law No. 7 of2013 Adopted 4 September 2013 Changes to Zoning Map, Various Amendments

Revision P – Local Law No. 3 of 2016 Adopted 20 July 2016 Addition: Solar Energy Collection System and Exploration for or Extraction of Natural Gas and/or Petroleum
Various Amendments

Revision Q- Local Law No. 2 of 2017
Changes to Dimensional Requirements in the Shore Residential Zone

Revision R- Local Law No. 3 of 2018 Adopted 5 October 2018 Various Amendments

Revision S – Local Law 1 of 2022 Adopted 2 November 2022 Changes to Solar Energy Collection Systems and Other Various Amendments

TABLE OF CONTENTS
ARTICLE 1. INTRODUCTION ………………………………………………. 1
Section 110. Enacting Clause 1
Section 120. Title 1
Section 125. Record of Revisions 1
Section 130. Purpose 1
Section 140. Applicability 2
ARTICLE 2. DEFINITIONS 2
Section 210. General 2
Section 220. Specific Definitions 2
ARTICLE 3. ESTABLISHMENT OF ZONES 15
Section 310. Types of Zones 15
Section 320. Zoning Map 15
Section 330. Interpretation of Zone Boundaries 15
ARTICLE 4. ZONE REGULATIONS 16
Section 410. General 16
Section 420. Schedule A: Dimensional Requirements for Zones 16
Section 430. Schedule B: Permitted Uses in Zones 18
Section 440. Industrial (I) Zone 20
A RT ICLE 5. GENERAL RE G UL ATIO NS 21
Section 505. Home Based Businesses I
Section 509. Multiple Uses on a Single Lot or Parcel 22
Section 510. Manufactured Homes 22
Section 515. Accessory Apartments 23
Section 517. Fences 23
Section 520. Line or Sight for Traffic Safety 24
Section 525. Sewage Disposal 24
Section 530. Flood Hazard Areas 24
Section 535. Antennae and Towers 24
Section 540. Recreational Camping Vehicles 25
Section 542. A.irstrips 25
Section 545. Junk 26
Section 555. Contracting Storage 26
Section 560. Height Exceptions 27
Section 565. Storage Vehicle 27
Section 570. Sa,vmills 27
Section 575. Major Excavations 27
Section 580. Adu l t Entertainment Uses 27
Section 585. Large Animals 27
Sectio n 590. Flag Lots 28
Section 595. Accessory Uses and Structures 28
Section 597. Motorized Vehicle Parks 28
ARTICLE 6. SPECIAL USE PERMITS 28

Section 610.
Section 620.
Section 630.
Section 640.
Section 645.
Section 650.
Section 655.

Authority 28
Applicability 28
Objectives 29
Application for Special Use Permit 29
Waiver of Submission Requirements 31
Environmental Impact Review 31
County Planning Board Review 31

Section 660. Review 32
Section 665. Area Variance 32
Section 670. Public Hearing 32
Section 680. Planning Board Action on Special Use 32
Section 685. Report to County Planning Board 32
ARTICLE 7. STANDARDS 33
Section 710. General 33
Section 720. General Screening 33
Section 730. Site Lighting 33
Section 740. Architectural Lighting 33
Section 750. Drainage 34
Section 760. Erosion and Sediment Control 34
Section 770. Hazardous and Toxic Materials 34
ARTICLE 8. FINANCIAL GUARANTEES FOR PUBLIC IMPROVEMENTS 34
Section 810. Required Public hnprovements 34
Section 820. Required Financial Security 35
Section 830. Review of Proposed Financial Security 35
Section 840. Schedule of Improvements 35
Section 850. Staged Refunding of Financial Guarantees 36
Section 860. Acceptance of Required Public Improvements 36
Section 870. Required Maintenance Guarantee 36
ARTICLE 9. GROUNDWATER PROTECTJO N O VER LAY ZONES 36
Section 91 0. Purpose 36
Sect ion 920. Scope and App lic ab ilit y 37
Section 930 . Defin i ti ons 37

Sec ti o n 94 0: Sect ion 950: Section 960:
Secti on 97 0. ARTICLE J O.

Estab lis hme nt and Deli nea tion of G rou ndwa te r Protec t i on Ov e rla y Zones 38
Permillecl Us es –WA and WB Overl ay Z ones 39
Prohihite<l Uses and Act ivitie s–\\/ A and WB Over lay Zones 39
Additional Proh i bite d Uses and Ac ti vitie s — WA Overl ay Zone 40
CLUST ER DEVEL OPMEN T. 40

Secti on 1010. Aut hor i ty 40
Section 1020 . Purpose 40
Section 1030. Density Transfer. 40
Section l 040. Review Criteria 41
Section 1050. Open Space Requirements 41
ARTJCL E 11 . MAN UF ACT UR ED HOME PARKS AND CAMPGROUN DS 42
Section l 105. Manufactured Home Park and Campground Operating License 42
Section 1110. License Revocation or Failure to Renew 42
Section 1115 . Ivianufactured Home Park Location , Conditions and Size 42
Section 1120 . Tv[a nufa c tured Home Sites 43
Sec tion 1 1 25. lVlan u fac t ur e d Home Par k Ent ranc l.!s 43
Sec ti on 1 130 . !Via nu fac t ured Home Pa rk Access Roads 43
Secti on 1135 . rvia nu fac t ured Home Park Interna l Roads 44
Section 1140. Manufactured Home Park Design Standards 44
Section 1145 . Campground Design Standards 45
Section I 150. Manufactured Home Park and Campground Operations 45
AR Tl CLE 12. JUNKYARDS 46
Section 1205. Junh.-yard License 46
Section 1210 . License Revocation or Failure to Renew 46
Section 1215. Junkyard Location 46
Section 1220. Junkyard Fencing and Screening 46
Section 1225. Junk..yard Operations 47

ARTICLE 13. WIND TURBINES AND TOWERS 47
Section 1310. Requirements for Private Roof-mounted Wind Turbines 47
Section 1320. Requirements for Private Wind Turbine Towers 47
Section 1330. Requirements for Commercial Wind Power Generating Facilities 47
ARTICLE 14. SOLAR ELECTRIC ENERGY COLLECTION SYSTEMS 49
Section 1410. Purpose 49
Section 1420. Definitions 49
Section 1435. General requirements 51
Section 1440. Permitting requirements for Tier 1 solar electric energy systems 51
Section 1450. Permitting requirements for Tier 3 solar electric energy systems 52
Section 1460. Safety 55
Section 1465. Permit time frame and abandonment 55
ARTICLE 15. SOLAR THERMAL ENERGY COLLECTION SYSTEMS 56
Section 1510. Solar energy collectors exempt. 56
Section 1520. Requirements for micro solar thermal collector systems 56
Section 1530. Requirements for small scale solar thermal systems 56
Section 1540 . Requirements for large scale solar thermal systems 56
Section l 550. Solar concentrating devices 58
ARTICLE 17 . PARK.ING, LOADING AND CIRCU LATION 60
Section 1710. General Parking Requirements 60
Section 1720. Number of Parking Spaces Required 60
Se cti on 17 30. Off-Street Loadin g Areas 61
S ed i o n 1740 . Parking and Loading Area Screen ing and Planting 61
Secti o n 1750 . Site E111rancc s 62
Sectio n 17 6 0. Drive-U p Se rvice Lanes 62
ARTIC LE 1 8 . S IGN S 6 2
Sec ti on 18 1 0. Exem pt Sig ns 62
Sec tion 18 1 5. Off Prem is e s Si g ns 64
Sec1i on 1 8 20. Sign Standards 64
ART ICL E 19. NONC ONFOR MITIES 65
Section 19 10 . Intent 65
Section J 920 . Nonconfom1ing Uses 65
Sect ion 1 9 30 . Nonconforming Lots of Record 65
Section l 940 . Nonconforming Structures 65
Section 1950. Nonconfom1ing Structures Damaged or Destroyed 66
ARTICLE 20 . ADMIN ISTR AT IO N AND ENFOR CEMENT 66
Section 2005. Zoning Permits 66
Section 2010 . Temporary Zoning Pennits 67
Sec tion 2015. Applic ation Procedure for Zoning Permits 67
Section 2020. Pe1111it Fees 67
Secti on 2025. Cer1i fi c a 1c o r Co mp li ance 67

Sec t i on 2030. U na pp roved Lots . ………. …………
Section 2035. Zoni ng Enforcement Officer .. Section 2040. Zoning Board of Appeals …….
Section 2045. Planning Board……… .. …………………..
Section 2050. Violations and Penalties ………… ….
Section 2055. Amendments … …. .. ………. ……. …….
Section 2060. Interpretation and Separability ………..
Section 2065 . Effective Date ………………

……………… .. …….. ……….. 68
…………… 68
…….. 68
……………………………….. 69
…. 69
………… …… …. …….. ……… . 69
70
.. …. … … 70

ARTICLE 1. INTRODUCTION

Section 110. Enacting Clause

Pursuant to the authority conferred by Article 16 of the Town Law and Articles 2 and 3 of Municipal Home Rule Law of the State of New York, the Town Board of the Tov.rn of Vienna hereby adopts and enacts the following law.

Section 120. Title

This law shall be lmov.rn as “The Town of Vienna Zoning Law.”

Section 125. Record of Revisions

• Adopted by Local Law No. 1 of 1991 on 30 September 1991
• Revision A- Local Law No. 2 of 1994 Adopted 24 March 1994
• Revision B – Local Law No. 1 of 1997 Adopted 16 May 1997
• Revision C – Local Law No. 1 of 1998 Effective 13 July 1998 (Airstrips in Commercial Zone)
• Revision D – Local Law No. 5 of 1998 Adopted 5 January 1999 (Definition -Adult Book Store)
• Revision E – Local Law No . 1 of 1999 Adopted 4 August 1999 (Telecommunication Towers)
• Revision F – Local Law No. I of2000 Adopled 11 April 2000 (Mobile Homes)
• Revision G – Loc<1I Law No. I of 200 I Adop1ed 11 July 200 I ([Vforalorium on Junk Yard Storage Facilities)
• Revision H – Local Law No. 2 of 2004 Adop1cd 30 June 2004 (Uniform Fire Prevention and Building Code, Sections 2, 6, 10, Remed ies)
• Revision I – Local Law No. 2 of2006 Adopted 7 September 2006 (Zoning l’vlap)
• Revision .J – Local Law No. l of 2007 Adopted 21 March 2007 (Uniform Fire Prevention and Building Code)
• Revision K – Local Law No. 2 of2007 Adopted 25 July 2007 (Prope11y Maintenance Code)
• Revision L – Local Law No. 6 of 2008 Adopted 16 July 2008 (Sustainable Independent Viemia)
• Revision M – Local Law No. 9 of 2008 Adopted 15 October 2008 (Definition – Fence)
• Revision N – Local Law No. 13 of 2008 Adopted 19 November 2008 (Accessory Uses and Structures Setbacks)
• Revision O – Local Law No. 7 of 2013 Adopted 4 September 2013 (Changes to Zoning Map and Various Amendments)
• Revision P- Local Law No. 3 of2016 Adopted 20 July 2016 (Adoption of Solar Energy Collection System and Exploration For or Extraction of Natural Gas and/or Petroleum and Various Amendments)
o Revision Q – Local Law No. 2 or 2017 /\dnptcd 4 Oc1obcr 2017 (C hanges to Dimensional
Requirements in the Shore Residential Zone)
• Revision R – Local Law No. 3 of 2018 Adopled 5 Oc1ober 2018 (Various Amendments)