[Added 9-11-1984; amended 5-28-1991] The Town Board finds that dish antennas, due to their shape, opacity and size, create more of a visual impact on the community than do other types of antennas. The intent of these regulations is to permit the reception of satellite transmissions in the Town while simultaneously preventing avoiding or minimizingthe visual contrast of such antennas with regard to the elements of line, form, scale and color.

A. In all districts:

(1) All installations shall employ to the extent possible colors and finishes that blend with the surroundings.

(2) Roof-mounted antennas shall not exceed the permitted height of principal buildings and shall be located on the back half of the building.

(3) Ground-mounted installations greater than 10 feet in height shall be screened with evergreen trees located along the antenna's nonreception window axes.

(4) Ground-mounted installations shall comply with all dimensional requirements for accessory buildings.

B. In residence districts:

(1) Not more than one dish antenna shall be permitted per site.

(2) Dish antennas shall not exceed 10 feet in diameter.

C. In business and industrial districts, ground-mounted antennas exceeding 10 feet in diameter shall comply with all dimensional requirements for principal buildings.

[Added 8-14-1990; amended 1-25-2000; 4-9-2002]

A. The use of the premises shall be limited to the rental of indoor space for dead storage, except that one accessory apartment, for use as manager's quarters and leasing office, shall be permitted as a customary accessory use. Other uses, and the storage of toxic or hazardous materials as defined by the United States Department of Housing and Urban Development, shall be prohibited.

B. All buildings shall be at least 42 feet apart. No building shall exceed 24 feet or two stories in height, nor shall the building exceed the floor area ratio of the district.

C. All exterior building materials shall have flat earth-tone finishes or other color scheme approved by the Board of Site Plan Review.

D. No storage unit door shall be visible from any residential property or any public street. Any wall higher than one story which is visible off site shall be enhanced by providing relief, such as pilasters, corbeled cornices or similar ornamentation.

E. Except for one access drive nearly perpendicular to the street, all paved areas shall be enclosed by buildings or six-foot-high dense evergreen plantings. No fence shall be permitted in the required front yard (s).

[Added 5-30-2000] The following apply to an adult retail shop or adult entertainment:

A. The building shall be at least 500 feet from any residence district, park, playground, school, church or similar place of public assembly.

B. The building shall be at least 500 feet from any other adult use.

C. The building shall have the same colors, finishes and materials of recently approved site plans in the vicinity as determined by the Board of Site Plan Review.

[Added 5-15-2001] All personal wireless service facilities shall be classified as either Tier One, Tier Two or Tier Three type of facility as defined in Chapter 242 of the Town Code and be subject to the following review procedures:

A. All Tier One facilities shall be required to obtain a site plan exemption pursuant to § 322-89B.

B. All Tier Two facilities shall be required to obtain a special exception approval from the Planning Board and to obtain site plan approval pursuant to § 322-89A. In reviewing this petition, the Planning Board shall use the following procedures:

(1) The Board shall conduct a public hearing following the special exception procedures as outlined in § 322-94, except that the Planning Board and not the Town Board shall render a decision.

(2) The Planning Board shall evaluate the application using the standards outlined in § 242-5 of Chapter 242 of the Town Code.

(3) The Board shall not render a decision until it has received a report from the Planning Department which contains an assessment pursuant to § 242-11 of Chapter 242.

(4) The Board may approve the application as submitted, recommend approval with conditions, or the Board may select an alternative location as described in § 242-8 of Chapter 242.

(5) In determining the necessity of a Tier Two personal wireless service facility, the Planning Board may require the services of an independent consultant. Costs associated with this review may be assigned to the applicant pursuant to Chapter 242.

C. All Tier Three facilities shall be required to obtain a special exception approval from the Town Board, pursuant to § 322-102.1, and to obtain site plan approval pursuant to § 322-89A.

D. All personal wireless service facilities shall be required to be inspected pursuant to § 242-14 of Chapter 242.

[Added 4-9-2002; amended 9-11-2007]

A. In addition to the authority to grant and require area variances to facilitate cluster development in subdivisions simultaneously with final plat approval as previously delegated to the Planning Board by the Town Board in 1954 pursuant to § 278 of the Town Law, the Planning Board shall have the additional authority to grant area variances simultaneously with final plat approval, provided that all of the following conditions are met:

(1) The change does not alter the density required by the zoning district.

(2) The change complies with § 322-19, Environmentally sensitive lands.

(3) The change would result in the addition of not more than one lot to the proposed subdivision, provided it does not alter the density of the zoning district.

(4) When, in the Board's judgement, the change meets one or more of the following objectives:

(a) There is a public purpose or benefit in changing the requirement pattern;

(b) The alteration, such as a frontage reduction, is consistent with the surrounding lots;

(c) The change would preserve historically significant structures or features of the Town;

(d) The change would preserve, protect, or promote scenic or environmentally sensitive lands;

(e) The alteration would better protect the homeowner from undesirable land uses;

(f) The change would reduce the amount of regrading or clearing of property;

(g) The change would be incidental or minor and not alter the character of the neighborhood.

B. In making its determination as to granting any area variance, the Planning Board shall grant the minimum variance that it shall deem necessary and adequate and at the same time preserves and protects the character of the neighborhood and the health, safety and welfare of the community. In making such determination, the Planning Board shall consider and render a determination in accordance with the following standards and criteria:

(1) Whether an undesirable change will be produced in the character of the neighborhood or detriment to nearby properties will be created by the granting of the area variance;

(2) Whether a benefit sought by an applicant can be achieved by some method, feasible for the applicant to pursue, other than by an area variance;

(3) Whether the proposed variance is substantial;

(4) Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and

(5) Whether the alleged difficulty necessitating the area variance was self-created by an applicant, which consideration shall be relevant to the decision of the Planning Board, but shall not necessarily preclude the granting of the area variance.