•a. sting antennae located or to be located on the tower.
ARTICLE I: GENERAL PROVISIONS
Section 101: Authority
Pursuant to the authority conferred by Article 16 of the Town Law and Article 2 of the Municipal Home Rule Law, be it enacted by the Town Board of the Town of Mayfield as follows:
Section 102: Short Title
This local law shall be known as the "Zoning Law of the Town of Mayfield, New York".
Section 103: Purpose
•A. The purpose of this local law, its requirements and its districts is to:
•1. Protect and promote the public health, safety and general welfare of the Town for the benefit of its citizens.
•2. Guide the future growth and development of the community in accordance with the Town's Comprehensive Plan.
•3. Protect the character and the social and economic stability of all parts of the Town and to facilitate the orderly and beneficial development of all parts of the Town.
•4. Prevent the pollution of air, surface and ground water; to assure the adequacy of drainage facilities; and to encourage the wise use and sound management of the Town's natural resources in order to preserve the integrity, stability and beauty of the community and the value of the land.
Section 104: Validity and Separability
Should any clause, sentence, subdivision, paragraph, section or part of this local law be decided by a court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of the local law as a whole, only the clause, sentence, subdivision, paragraph, section or part so decided to be unconstitutional or invalid.
Section 105: Conflicting Provisions
The provisions of this local law shall be held to be the minimum requirements for the promotion of public health, safety and general welfare. When this local law imposes a greater restriction on the use of buildings or land or the height of buildings or requires larger open spaces or makes any other greater requirement than is imposed or required by any other law, rule or regulation or by easements, covenants or agreements, this local law shall apply.
Section 106: Effective Date
This local law shall take effect immediately upon filing in the office of the Secretary of State.
ARTICLE II: TERMINOLOGY
Section 201: Word Usage
Words used in the present tense shall include the future. The singular number includes the plural, and the plural the singular. The word "lot" includes the word "plot" or "parcel." The word "person" includes a corporation, firm, company, association, or any other agency or organization, as well as an individual. The word "building" includes the word "structure." The word "used" or "occupied", as applied to any land or building, shall be construed to include the words "built, arranged or designed to be used or occupied." The word "shall" is mandatory and the word "may" is permissive.
Section 202: Definitions
•A. For the purposes of this local law, certain terms or words used herein shall be interpreted as follows:
•1. ACCESSORY STRUCTURE - In one-and two family dwellings not more than three stories high with separate means of egress, a building, the use of which is incidental to that of the main building and which is located on the same lot.
•2. ALTERATION - Any construction or renovation to an existing structure other than repair or addition that requires a permit. Also, a change in a mechanical system that involves an extension, addition or change to the arrangement, type or purpose of the original installation that requires a permit.
•3. APPLICATION - Application shall mean the formal request by an applicant or developer, as those terms are defined hereinafter, for any permit or approval by the Town Board, Planning Board, Zoning Board of Appeals (or Code Enforcement Officer) for the items set forth hereinafter along with the preparation of any and all plans and submittals submitted in connection therewith including, but not limited to, any required review under the New York State Environmental Quality Review Act.
•4. APPLICANT - Any person that applies for a permit or approval for any of the following:
•a. Acceptance by the Town Board for the dedication of sidewalks, highways, public right of ways, drainage facilities parks or utilities;
•b. Planning Board approval of site plans, special use permits, special permits, or subdivisions or other approvals;
•c. Zoning Board of Appeals approval of variance;
•d. Rezoning of real property in the Town by the Town Board; or
•e. Certificate of Occupancy from the Code Enforcement Officer in connection with a development within the Town.
•5. NEW/USED AUTO DEALER - Any person that meets the following requirements:
•a. Maintains a valid N.Y.S. Sales Tax Certificate.
•b. Maintains a New York State Motor Vehicle Dealer License.
•c. Vehicles for sale are set back a minimum of 10 feet from the front lot line and from each side lot line, respectively.
•6. BASEMENT - That portion of a building that is partly or completely below grade (see "Story Above Grade").
•7. BASEMENT WALL - The opaque portion of a wall that encloses one side of a basement and has an average below grade wall area that is 50 percent or more of the total opaque and non opaque area of that enclosing side.
•8. BED & BREAKFAST DWELLING - Owner-occupied residence resulting from a conversion of a one-family dwelling, used for providing overnight accommodations and a morning meal to not more than 10 transient lodgers, and containing at least three but not more than five bedrooms for such lodgers.
•9. BOARD OF APPEALS - The Zoning Board of Appeals of the Town of Mayfield.
•10. BUILDING - Building shall mean any one-and two-family dwelling or portion thereof, including townhouses, that is used, or designed or intended to be used for human habitation, for living, sleeping, cooking or eating purposes, or any combination thereof, and shall include accessory structures thereto.
•11. BUILDING LINE - The line established by law, beyond which a building shall not extend, except as specifically provided by law.
•12. CAMP - Any one or more of the following:
•a. A tent, trailer, shelter, cottage or other accommodation for seasonal or other more or less temporary living accommodations, regardless of whether such structure or other accommodation is actually used seasonally or otherwise.
•b. A parcel of land on which is located one or more tents, trailers, shelters, cottages or other accommodation for seasonal or other more or less temporary living arrangements.
•c. A parcel of land, including buildings and facilities thereon, used for the assembly of children or adults for what is commonly known as "day camp" purposes.
•d. A parcel of land, including buildings and facilities thereon, used for overnight, weekend or longer periods of camping by organized groups.
•13. CAMPING GROUND - A parcel of land used or intended to be used, let or rented for occupancy by two or more trailers, tents or other movable or temporary shelter or sleeping quarters of any kind.
•14. CLUSTER HOUSING - A subdivision technique in which detached dwelling units are grouped relatively close together, leaving open spaces as common area.
•15. CODE ENFORCEMENT OFFICER - The officer or other designated authority charged with the administration an enforcement of this local law, or a duly authorized representative.
•16. CONVENIENCE STORE - A retail store containing less than 5,000 square feet of gross floor area that is designed and stocked to sell primarily food, beverages, petroleum products and other household supplies to customers who purchase only a relatively few items.
•17. COMMUNITY RESIDENCE - A residential facility, classified as a one-family dwelling that provides a supervised or unsupervised living environment for up to 14 mentally disabled individuals as defined by Mental Hygiene Law Section 1.03(28).
•18. CONDOMINIUM - A building or complex in which units of property, such as apartments, are owned by individuals and common parts of the property, such as the grounds and building structure, are owned jointly by the unit owners.
•19. DECK - An exterior floor system supported on at least two opposing sides by an adjoining structure and/or posts, piers, or other independent supports.
•20. DEVELOPER - Any person, firm, partnership, association, corporation, company, limited liability or entity or organization of any kin, whether or not an applicant as defined hereinabove, that constructs or purposes to construct one or more highways, drainage facilities, utilities or parks within or in conjunction with a development and do convey or dedicate same to the Town.
•21. DEVELOPMENT - Shall mean and include, a subdivision, site plan, special use permit, special permit or variance for which approval is required under this local law and any construction of buildings, structures, drainage facilities, highways, parks or utilities to be undertaken in connection with any of the foregoing.
•22. DRAINAGE FACILITY - All surface water drainage facilities, including, but not limited to, catch basins, detention and retention ponds or basins, storm sewers and their appurtenances, drainage swales and ditches, and any easements through or over which said facilities may be constructed or installed in or in connection with a development.
•23. DRIVEWAY - An area leading from a public highway to the interior of a lot and designed for automobile access.
•24. DWELLING - Any building that contains one or two dwelling units used, intended, or designed to be built, used, rented, leased, let or hired out to be occupied, or that are occupied for living purposes.
•25. DWELLING, MULTIPLE FAMLY - A building or portion thereof designed for year-round occupancy and containing separate dwelling units for three or more families living independently of each other, including apartment houses, town houses, but not including hotels, motels, mobile homes, trailers and rooming houses.
•26. DWELLING, ONE FAMILY - See Dwelling, One Family Type I and Type II:
•a. Dwelling, One Family Type I; A detached building designed for year-round occupancy by one family, including, but not limited to "stick built", sectional/modular, or manufactured homes, provided such manufactured homes shall be at least 16 feet in length and width, not more than 15 years old at the time of installation, and affixed to a permanent foundation which at a minimum shall include a concrete slab and perimeter block construction.
•b. Dwelling, One Family Type II - A manufactured home less than 16 feet in either length or width, not more than 15 years old at the time of installation, and affixed to a permanent foundation which at a minimum shall include a concrete slab and perimeter block construction.
•27. DWELLING, TWO FAMILY - A detached building designed for year-round occupancy by two families living independently of each other, but not including a mobile home, trailer, or motel.
•28. DWELLING UNIT - A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
•29. ENCORCEMENT OFFICER - The building code enforcement officer, zoning enforcement officer, constable or any person appointed by the Town Board of the Town of Mayfield to enforce the provisions of this local law.
•30. FAMILY - One or more persons occupying the premises and living as a single housekeeping unit, as distinguished from a group occupying a boarding house, rooming house, lodging house, club, fraternity or hotel.
•31. FARM - A parcel of land, or adjoining parcels under common ownership, containing at least 10 acres and on-farm buildings, equipment, and practices, which contribute to the production, preparation, and marketing of crops, livestock and livestock products as a commercial enterprise. The definitions of crops, livestock and livestock products are as defined in Agriculture and Market Law, Section 301(2)
•32. FENCING - A barrier intended to prevent escape or intrusion or mark a boundary. Such a barrier may be made of posts, boards, metal or wire. Fencing may not always qualify as screening.
•33. GARAGE, PRIVATE - A roofed space for the storage of one or more motor vehicles, provided that no business, occupation or service is conducted for profit therein.
•34. GARAGE, PUBLIC - a building or part thereof used primarily for the storage, hiring, selling, greasing, washing, servicing or repair of motor-driven vehicles, including painting, operated for gain.
•35. GARAGE, STORAGE - A building or part thereof used primarily for the storage of vehicles and at which automobile parts, fuels and oils are not sold and automobiles are not serviced or leased for gain.
•36. GRADE - The finished ground level adjoining the building at all exterior walls.
•37. GRADE PLANE - A reference plane representing the average of the finished ground level adjoining the building at all exterior walls.
•38. HEIGHT, BUILDING - The vertical distance from grade plane to the average height of the highest roof surface.
•39. HEIGHT, STORY - The vertical distance from top to top of two successive tiers of beams or finished floor surfaces; and, for the topmost story, from the top of the floor finish to the top of the ceiling joists or, where there is not a ceiling, to the top of the roof rafters.
•40. HIGHWAY - A street, avenue, road, square, place, alley, lane, boulevard, concourse, parkway, driveway, overpass and underpass, or other form of public right-of-way, and also includes all items appurtenant thereto, including but not limited to bridges, culverts, ditches, shoulders and sidewalks in or in connection with a development.
•41. HOSPICE RESIDENCE - A one- or two-family dwelling operated for the purpose of providing care to more than two but not more than eight hospice patients, created pursuant to Article 40 of the Public Health Law, and as defined in Section 4002 thereof.
•42. HOME OCCUPATION - See Home Occupation I and II. Individuals proposing a Home Occupation shall present their concept to the Planning Board and the decision whether the proposal is a Home Occupation I or II and whether a Site Plan review is required will be at the discretion of the Planning Board.
Primary consideration will be given to potential adverse effect on neighbors, value of neighboring properties, noise, odor, lighting, and increase in traffic and the degree to which these are mitigated by distance from neighboring properties, screening of unsightly uses from view and availability of on-site parking. The primary operator of the business must reside on the property.
•a. Home Occupation I: These are non-visible businesses conducted strictly within the principal residence or accessory building. There shall be no noise, odor or lighting emanating, and no signage from these businesses. A site plan review may be required.
•b. Home Occupation II: These are visible businesses due to more than one vehicle or machinery stored, or used on-site, or customer activity and vehicles present. A site plan review shall be required.
•43. HOSPITAL, ANIMAL - A building or structure for the diagnosis and medical or surgical care of sick or injured animals.
•44. HOTEL OR MOTEL - A building or group of buildings where transient guests are lodged for hire, but excluding rooming houses.
•45. HUD APPROVED - A manufactured home constructed under the federal standards of the United States Department of Housing and Urban Development. This standard applies to all mobile homes constructed after June 15, 1976.
•46. JUNKYARD - Any place of outdoor storage or deposit, whether in connection with a business or not, where 2 or more junk vehicles without a storage permit, or 1 or more junk mobile homes are held, whether for the purpose of resale of used parts therefrom, for the purpose of reclaiming for use some or all of the material therein, metal, glass, fabric or otherwise, for the purpose of disposing of the same or for any purpose.
•47. JURISDICTION - The governmental unit that has adopted this local law under due legislative authority.
•48. LAUNDROMAT - A business premises equipped with individual clothes washing, drying or cleaning machines for use by retail customers, exclusive of laundry facilities provided in an apartment, fraternity, sorority, residential or resort hotel or club.
•49. LOT - A portion or parcel of land considered as a unit.
•50. LOT WIDTH - The distance parallel to the front lot line measured through the center of the principal building.
•51. LOT LINES - A line dividing one lot from another, or from a street or any public place.
•52. MANUFACTURED HOME - A structure transportable in one or more sections that in the traveling mode is 8 feet or more in width or 40 feet or more in length or when erected on site is 320 square feet minimum and that was built on or after June 15, 1976 on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air conditioning, and electrical systems contained therein. The term "manufactured home" shall also include any structure that meets all the requirements of this definition except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the federal department of housing and urban development and complies with the standard established under the national manufactured housing construction and safety act of 1974, as amended. The term "manufactured home" shall not include any self-propelled recreational vehicle.
•53. MOBILE HOME - A moveable or portable dwelling unit that was built prior to June 15, 1976 and designed and constructed to be towed on its own chassis, comprised of frame and wheels, connected to utilities, and designed and constructed without a permanent foundation for year-round living, including travel trailers.
•54. MODULAR HOME - A structure certified as a modular home by the State of New York.
•55. MOBILE HOME PARK - Any parcel of land of at least 6 acres in area, improved for the placement of 3 or more mobile homes and/or manufactured homes in any combination which are to be used as dwellings and for occupancy for more than 180 consecutive days.
•56. MOBILE HOME PARK LOT - An area within a mobile home park that has been designated and prepared in such a manner to provide adequate support for the placement of a mobile home in accordance with generally accepted standards.
•57. MOTOR VEHICLE - All vehicles propelled by power other than muscular power, including but not limited to automobile, bus, construction equipment, truck, tractor, motor home, motorcycle, back-hoe, bulldozer and boats. This term shall also include all terrain vehicles or snowmobiles.
•58. MOTOR VEHICLE REPAIR SHOP - Any person, individual or company that meets the following requirements:
•a. Maintains a valid New York State Sales Tax Certificate.
•b. Maintains a New York State Motor Vehicle Repair License.
•59. NONCONFORMING BUILDING - A building legally existing at the time it was created which in its design or location upon a lot does not conform to the current regulations of this local law for the district or zone in which it is located.
•60. NONCONFORMING LOT - A lot of record legally existing at the date of the passage of this local law, which does not have the minimum frontage or contain the minimum area for the zone in which it is located.
•61. NONCONFORMING USE - Use of a building or a land legally existing at the time it was created but not conforming to the current zoning regulations of the district in which it is located.
•62. NURSING HOME - A proprietary facility, licensed or regulated by the State of New York for the accommodation of convalescents or other persons who are not acutely ill and not in need of hospital care but who require skilled nursing and related medical services which are prescribed by or performed under the direction of a person or persons licensed to provide such care or services in accordance with the laws of the State of New York.
•63. NURSERY SCHOOL/DAY CARE - Facilities for the care or instruction of two or more children and operated on a regular basis, for pay.
•64. OUTDOOR STORAGE - Storage other than in a completely enclosed structure, such as a garage, barn or structure with three walls and a roof such as a pole barn.
•65. PARK - An area of land located within a development that is open to the public and devoted to active or passive recreation.
•66. PARKING SPACE - A space designated for the parking of one motor vehicle and having an area of not less than 180 square feet, exclusive of passageways and driveways thereto.
•67. PERMIT - An official document or certificate issued by the authority having jurisdiction that authorizes performance of a specified activity.
•68. PERSON - Any individual, firm, partnership, association, corporation, company, entity or organization of any kind.
•69. PLANNING BOARD - The Planning Board of the Town of Mayfield.
•70. POOL, ABOVE-GROUND - A swimming pool designed to be installed above the ground level with wall braces supporting aluminum or steel corrugated sides or other materials.
•71. POOL, IN-GROUND - A swimming pool designed to be installed below the ground level with wall braces supporting metal panels; or one with precast or job-poured concrete, fiberglass shell over concrete, concrete block or wood walls; or a pneumatically applied mixture of cement, sand and water sprayed under pressure over a steel-mesh frame (having the trade name "Gunite").
•72. PUBLIC PLAYGROUNDS - Publicly owned and accessible space provided for active recreational activities for children and/or adults.
•73. PUBLIC PARK - All municipally owned areas used for recreational purposes, including but not limited to, playgrounds, athletic fields, court areas, swimming pools, picnic facilities, nature preserves and other recreational facilities, including lands under water, open spaces, paths, parking areas, interior roads, entrances, exits and parts thereof which are contained on such land.
•74. REPAIR - The reconstruction or renewal of any part of an existing building for the purpose of its maintenance.
•75. RV - Any portable recreation-type vehicle with its own wheels, that can be towed by an automobile or truck, that can be operated independently, or with utility connections, is used for temporary living, for travel, recreational or vacation purposes, is limited to 8 feet in width and up to 40 feet in length. This term also applies to trailers, fifth wheels, motor homes, truck campers and tents.
•76. RV PARK - Any parcel of land of at least 6 acres in area which is planned and improved for the placement of 3 or more RVs which are used as temporary living quarters for less than 180 consecutive days and do not serve as a principal residence.
•77. SCREENING - A barrier, typically of year-round vegetation, that is sufficiently dense and high to conceal from view that which is behind it. A hill or earthen pile that appears to be occurring naturally could be considered screening. A barn, dwelling or other building that shields the vehicles from view.
•78. SHOPPING RETAIL CENTER - A grouping of two or more attached or detached buildings designed and built primarily for retail sales. Related uses may be a part of the complex, such as office space, theaters, service stores (laundry, beauty parlor, dry cleaner, minor auto repair and parts sales, etc.).
•79. SIGN - any device affixed to or painted or represented directly or indirectly upon a building, structure or land and which directs attention to an object, product, place, activity, person, institution, organization or business. These regulations shall not apply to any flag or insignia of a government or government agency, school or religious group, or any official traffic control device. Each display surface shall be considered to be a sign.
•80. SIGN, ADVERTISING - A sign which directs attention to a business, commodity, service or entertainment sold or offered elsewhere than upon the premises where such sign is located, or to which it is affixed and only incidentally on the premises, if at all. A commercial billboard shall be construed to be an advertising sign.
•81. SIGN, BUSINESS - A sign which directs attention to a business or profession conducted or a commodity, service or entertainment sold or offered upon the premises where such sign is located or to which it is affixed. A "for sale" or "to let" sign relating to the lot on which it is displayed shall be deemed to be a business sign.
•82. SIGN, FLASHING - Any illuminated sign on which the artificial light is not maintained stationary or constant in intensity and color when such sign is in use. For the purpose of this local law, any revolving illuminated sign shall be considered a flashing sign.
•83. STORY - That portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above.
•84. STORY ABOVE GRADE - Any story having its finished floor surface entirely above grade, except that a basement shall be considered as a story above grade where the finished surface of the floor above the basement is:
•a. More than 6 feet above grade plane.
•b. More than 6 feet above the finished ground level for more than 50 percent of the total building perimeter.
•c. More than 12 feet above the finished ground level at any point.
•85. STREET - A public or private way, which affords the principal means of access to abutting property.
•86. STRUCTURE - That which is built or constructed, or a portion thereof.
•87. STRUCTURAL ALTERATION - Any change in the supporting members of a building, such as bearing walls, columns, beams or girders.
•88. TOWN - Shall mean the Town of Mayfield and its administrative agencies and officials.
•89. TOWN BOARD - The Town Board of the Town of Mayfield.
•90. TOWNHOUSE - A single-family dwelling unit constructed in a group of three or more attached units in which each unit extends from foundation to roof and with open space on at least two sides.
•91. TRAVEL TRAILER - A mobile recreational unit, including travel trailers, pickup campers, converted buses, tent-trailers, camper trailers, tents or similar devices, used for temporary portable housing.
•92. UTILITIES - All water, sanitary sewer, gas, electric, telephone, cable television facilities and any easements through or over which said facilities maybe constructed or installed in or in connection with a development.
•93. VARIANCE - An authorized departure by the Board of Appeals from the terms of this local law and in accordance with procedures set forth in this local law, in regard to a practical difficulty or a hardship peculiar to an individual lot or situation, for the construction or maintenance of a building or structure or for the establishment or maintenance of a use of land which is otherwise prohibited by this local law.
•94. YARD, FRONT - An open space extending across the principal street side of a lot measured between the side lot lines, the depth of which yard is the minimum horizontal distance between the street right-of-way line and the building line or any projection thereof, other than steps.
•95. YARD, REAR - An open space extending across the rear of a lot measured between the side lot lines and being the minimum horizontal distance between the rear lot line and the rear of the principal building or any projection thereof, other than steps. On both corner and interior lots, the rear yard shall in all cases be at the opposite end of the lot from the front yard.
•96. YARD, SIDE - An open space from the front yard to the rear yard between the building and the nearest side lot line unoccupied and unobstructed from the ground upward, except for steps and as otherwise specified in this local law.
•97. ZONING MAP - The Town of Mayfield Zoning Map."
ARTICLE III: DISTRICTS AND BOUNDARIES
Section 301: Zoning Districts
The Town of Mayfield is hereby divided into the following zoning districts:
R-1 : Residential -1
R-2 : Residential -2
R-E : Residence/Estate
L-1 : Lake Residential -1
L-2 : Lake Residential -2
AG : Agricultural
C-1 : Commercial
I-1 : Industrial
Subsection 301-1: R-1 Permitted Uses
•A. The following uses are permitted in the R-1 Residential-1 Districts:
•1. Dwelling, one family Type I
•2. Home Occupation I
Subsection 301-2: R-1 Site Plan Uses
•A. The following uses in the R-1 Residential-1 Districts require site plan approval by the Planning Board:
•1. Home Occupation II
•2. Public utility stations or uses
•3. Public parks
•4. Public playgrounds
•5. Additional attached dwelling unit containing not more than one bedroom
Subsection 301-3: R-2 Permitted Uses
•A. The following uses are permitted in the R-2 Residential-2 Districts:
•1. One family dwelling, Type I
•2. One family dwelling, Type II
•3. Two family dwelling
•4. Single mobile home
•5. Home Occupation I
Subsection 301-4: R-2 Site Plan Uses
•A. The following uses in the R-2 Residential-2 Districts require site plan review by the Planning Board:
•1. Home Occupation II
•2. Public utilities stations or uses
•3. Public parks
•4. Public playgrounds
•5. Mobile Home Parks
•6. RV Parks
•7. Two or more detached dwellings
•8. &
