Docstoc

54

Document Sample
54 Powered By Docstoc
					                                   Town of Verona Zoning Ordinance Revisions Project
                                            ZONING ORDINANCE – 2004

Article I GENERAL PROVISIONS ........................................................................................................... 2
  Section I-1      Title .............................................................................................................................. 2
  Section I-2      Enacting Clause ............................................................................................................ 2
  Section I-3      Purpose......................................................................................................................... 2
  Section I-4      Interpretation ................................................................................................................ 2
  Section I-5      Conformance with other Codes ................................................................................... 2
  Section I-6      Separability Clause ...................................................................................................... 2
  Section I-7      Repeal Prior Zoning Ordinances and Local Laws ....................................................... 2
  Section I-8      Effective Date .............................................................................................................. 3
  Section I-9      Application of Regulations .......................................................................................... 3
Article II - DEFINITIONS .......................................................................................................................... 5
Article III ZONE DISTRICTS ................................................................................................................. 22
  Section III-1     Establishment of Zone districts ................................................................................. 22
  Section III-2     Overlay Districts ....................................................................................................... 22
  Section III-3     Zoning Map ............................................................................................................... 22
  Section III-4     Interpretation of District Boundaries ........................................................................ 22
  Section III-5     Lots Divided by District Boundaries......................................................................... 23
  Section III-6     General Provisions .................................................................................................... 23
  Section III-7     RD Rural Development ............................................................................................ 24
  Section III-8     RR Rural Residential ................................................................................................ 26
  Section III-9     R Residential ............................................................................................................. 28
  Section III-10 CNS Commercial Neighborhood Service ................................................................. 30
  Section III-11 HCR Hamlet Commercial and Residential ............................................................... 32
  Section III-12 PC Planned Commercial ........................................................................................... 34
  Section III-13 HC&I Heavy Commercial & Industrial ................................................................... 36
  Section III-14    PUD Planned Unit Development ........................................................................... 38
  Section III-15 Hov Highway Overlay Zone District ........................................................................ 46
Article IV - SUPPLEMENTAL REGULATIONS ................................................................................... 49
  General Provisions ................................................................................................................................ 49
  Section IV-1.     Land uses................................................................................................................... 49
  Section IV-2      General Lot and Structure ......................................................................................... 54
  Section IV-3      Parking and loading .................................................................................................. 56
  Section IV-4      Adult Entertainment ................................................................................................. 63
  Section IV-5       Signs ......................................................................................................................... 68
  Section IV-6      Fences ....................................................................................................................... 71
  Section IV-7     Outdoor Solid Fuel Burning Appliances & Similar Equipment…………………….72
Article V SPECIAL REVIEW STANDARDS AND PROCEDURES .................................................... 75
  Section V-1       Nonconforming Elements ......................................................................................... 75
  Section V-2       Site Plan Review Standards ...................................................................................... 78
  Section V-3       Special Permit Standards .......................................................................................... 83
  Section V-4       Variance Standards ................................................................................................... 89
  Section V-5       Zoning Amendments................................................................................................. 94
  Section V-6       Common Review Procedures and Submission Requirements .................................. 96
Article VI – ADMINISTRATION AND ENFORCEMENT .................................................................. 105


                                                                          -1-
                        Town of Verona Zoning Ordinance Revisions Project
                                 ZONING ORDINANCE – 2004


Article I GENERAL PROVISIONS

Section I-1    Title

       This Local Law shall be known as the TOWN OF VERONA ZONING ORDINANCE
       (hereinafter called the “ordinance”) and shall consist of the following text and the TOWN OF
       VERONA OFFICIAL ZONING MAP (hereinafter termed the "zoning map".)

Section I-2    Enacting Clause

       The Town Board of the Town of Verona in the County of Oneida in the State of New York,
       hereby ordains, enacts and publishes the Town of Verona Zoning Ordinance and Official Zoning
       Map.

Section I-3   Purpose

       This law provides for regulating, controlling, and restricting the use and development of land and
       buildings within the Town of Verona in order to promote and protect, to the fullest extent
       permissible, the environment of the Town and its public health, safety and general welfare in
       accordance with purposes outlined in applicable sections of New York State Town Law.

Section I-4   Interpretation

       For purposes of interpretation and application, the provisions of this Ordinance shall be held to
       the specified minimum or maximum requirements necessary for the promotion of the public’s
       health, safety, comfort, convenience and general welfare.

Section I-5   Conformance with other Codes

       This Ordinance shall not be construed as superseding, limiting, changing or suspending any law,
       ordinance, code or regulation still in affect regulating the safety, construction or sanitation of any
       building or structure.

Section I-6   Separability Clause

       Should any section or provisions of this Local Law or Ordinance be decided by the courts to be
       unconstitutional or invalid, such decision shall not affect the validity of the Ordinance as a whole
       or any part thereof other than the part so decided to be unconstitutional or invalid.


Section I-7   Repeal Prior Zoning Ordinances and Local Laws

       Upon filing this Local Law No. 1 of 2004 in the office of the Secretary of State of New York
       "The Town of Verona, New York, Zoning Ordinance, 1961" and all subsequent amendments
       thereto adopted by Ordinance or by local law be and the same hereby are REPEALED.

                                                    -2-
                       Town of Verona Zoning Ordinance Revisions Project
                                ZONING ORDINANCE – 2004


Section I-8    Effective Date

       This Local Law No.1 of 2004 shall take effect immediately upon filing in the office of the
       Secretary of State of the State of New York.

Section I-9   Application of Regulations

       Except as hereinafter provided:

       A.     No building, structure or land shall hereafter be used or occupied, and no building or
              structure or part thereof shall hereafter be erected, constructed and reconstructed, moved
              or structurally altered unless in conformity with all of the regulations herein specified for
              the district in which it is located.

       B.     No building or structure shall hereafter be erected or altered to exceed the height; to
              accommodate or house a greater number of dwelling units; to occupy a greater percentage
              of lot area; or to have narrower or smaller rear yards, front yards, side yards or other open
              spaces than is herein specified for the district in which it is located or in regulations
              applicable to all districts.

       C.     No part of a yard or open space required about any building or structure for the purpose of
              complying with this Ordinance shall be included as part of a yard or open space similarly
              required for another building or structure.

       D.     Uses not permitted - All uses not specifically permitted in a district by right or permitted
              upon issuance of a site plan review or special permit, shall be deemed prohibited.

       E.     Existing buildings and uses - This Ordinance shall not apply to an existing building or
              structure, nor to the existing use of any building, structure or land to the extent it was
              legally used at the time of enactment of this Ordinance. The terms of this Ordinance
              shall apply to any subsequent change in use, alterations, extension or movement of a
              building or structure, and to any change in use of land.

       F.     Types of zoning reviews - For purposes of general understanding, a permitted use or
              structure is allowed in a zone district; it does not require discretionary review or approval
              by a town board. Permitted uses may require a building permit or certificate of
              occupancy for certain activities. A variance is a waiver request of the applicable use or
              dimensional controls and requires Zoning Board of Appeals review and approval. Site
              plan or special permit reviews are uses or structures which are allowed but due to their
              nature, necessitate discretionary board review over, but not limited to elements of size,
              site design, intensity of use and character. To determine type of review for a specific use
              or structure consult the Section III (zone district) and Section IV (supplementary)
              regulations.



                                                   -3-
              Town of Verona Zoning Ordinance Revisions Project
                       ZONING ORDINANCE – 2004

G.   Land Use Under Special Approvals - Existing buildings, structures, and uses either
     previously allowed by right and currently subject to special approvals; or uses previously
     authorized by special approval including variances, special permits, site plan approvals
     and other similar approvals shall now be subject to the provisions of Section V–1
     Modifications to Approved Uses or Structures.

H.   Existing Violations - Any building, structure, or use existing on the effective date of this
     Ordinance which is unlawful under any prior applicable regulations shall be lawful only
     to the extent that it complies with this Ordinance. However, such compliance shall not
     excuse, or be used to abate or enjoin the prosecution of such unlawful conduct, whether
     initiated prior or subsequent to the effective date of this Local Law.




                                          -4-
                        Town of Verona Zoning Ordinance Revisions Project
                                 ZONING ORDINANCE – 2004

Article II - DEFINITIONS

Accessory apartment dwelling
          A separate and complete dwelling unit within the same lot or property of an existing principal
          residential use. An accessory apartment dwelling may be contained within the principal
          structure or in an accessory structure (such as: a modular or manufactured structure, garage,
          carriage house).

Accessory farm dwelling
          A structure or portion of structure designed and occupied for individual, family or group
          residential occupancy by farm employees and/or their families on a year-round or seasonal
          basis; and includes terms commonly referred to as: bunkhouse, mobile home and farmhand
          residence.

Accessory use
          An activity located on the same lot or property which is incidental to a principal use and
          subordinate in area, extent and supportive in purpose to the principal use. (An accessory use
          may be limited to the same principal building). Some examples include uses such as:
          management offices for business, institutional or industrial establishments; incidental machine
          or equipment repair for retail businesses; or a home occupation.

Agricultural processing facility
          An activity for the collection, bulk storage, processing and distribution of raw agricultural
          products for retail consumption; examples include mills to process and distribute fruit and
          vegetables, grains, dairy products, and/or lumber but excludes slaughterhouse and meat
          processing plants. The term also includes an activity for the bulk storage and distribution to
          farms of materials used in conjunction with agricultural production.

Airstrip public
          The principal use of land that is improved and maintained in accordance with applicable
          standards and regulations of the Federal Aviation Administration for the landing and take-off
          of aircraft used for commercial, private or recreational purposes, or the service and storage of
          aircraft for compensation. It may include aircraft or facilities used for the commercial
          transport or shipping of passengers and materials.

Airstrips private
          An accessory use of a portion of parcel of land that is improved and maintained in accordance
          with applicable standards and regulations of the Federal Aviation Administration for the
          landing and take-off of aircraft used for private or recreational purposes or in conjunction with
          the administration of a business; the definition excludes aircraft or facilities used for the
          commercial transport or shipping of passengers and materials.




                                                   -5-
                         Town of Verona Zoning Ordinance Revisions Project
                                  ZONING ORDINANCE – 2004

Alley
           A public or private right-of-way providing secondary or alternative vehicular and/or
           pedestrian access to abutting properties.

Apartment
           A complete and permanent dwelling unit occupying only a portion of a structure or building.

Apartment building
           See dwelling, multiple family.

Apartment complex
           More than one multiple family dwelling on the same or contiguous parcels of land designed
           and constructed under a common scheme or plan and which may include other structures and
           uses such as a recreational facilities, common buildings and uses such as a central laundry
           bldg., separate rental office building, etc.

Bank
           (See office or retail store) a building designed or occupied for commercial activity primarily
           characterized by financial transactions with the customer/client; (use specifically excludes
           drive-in services.)

Basement
           An area of a structure partly below grade and having at least half of its clear floor-to-ceiling
           height above the average grade of the adjoining ground. (See also cellar)

Bed & breakfast residence
           A type of home occupation in an owner-occupied single family residence offering overnight
           lodging for guests or tourists and may include dining facilities limited only to the overnight
           guests.

Boarding house
           Any building containing primarily boarding units, with or without meals as a condition of
           occupancy. A rooming house or a furnished rooming house shall be deemed a boarding
           house.

Building
           A structure wholly or partially enclosed within exterior walls and a roof to be used for
           sheltering people, animals, property, business or other activities. Structures divided with
           interior walls extending from the foundation through to the roof shall be generally considered
           separate buildings. Common examples include: houses, garages, factories, barns, and mobile
           homes. Fences, signs and temporary structures such as tents are not buildings.



                                                     -6-
                         Town of Verona Zoning Ordinance Revisions Project
                                  ZONING ORDINANCE – 2004

Building area

           The total of areas taken on a horizontal plane at the main finished grade level of the principal
           building and all accessory buildings exclusive of uncovered porches, terraces and steps. All
           dimensions shall be measured between exterior faces of the walls. (see also coverage, lot)

Building height
           The vertical distance measured from the average elevation of the finished lot grade at the front
           of the building to the highest point of the ceiling of the top story in the case of a flat roof; to
           the deck line of a mansard roof; and to the mean height level between the eaves and ridge of a
           gable, hip or gambrel roof.

Bulk storage
           The commercial development of land to be used or occupied by structures, equipment,
           vehicles or storage areas designed to hold and distribute large quantities of material to
           industrial, institutional, wholesale or retail uses. Materials stored may include petroleum
           products, fuels and chemicals.

Car wash
           Land and/or building or portion of a building used for the washing, cleaning and/or polishing
           of motor vehicles.

Cellar
           An area of a structure wholly or partly below grade and having less than half of its clear floor-
           to-ceiling height above the average grade of the adjoining ground. (see also basement)

Cemetery
           Land improved and maintained for the internment of human remains and may include
           internment structures such as mausoleums, administrative and maintenance structures and
           facilities for conducting funeral services.

Community center
           A facility under the direct supervision and control of a charitable, religious, social service or
           similar community or civic organization designed and used as a place of assembly for
           religious, fraternal, social, recreational or educational programs and meetings for the general
           public or membership; it shall exclude private clubs; the definition shall also exclude any
           facilities to house or lodge overnight guests.




                                                     -7-
                        Town of Verona Zoning Ordinance Revisions Project
                                 ZONING ORDINANCE – 2004

Contracting and trucking service use

          An accessory or principal use serving as the base of operations for trucking or heavy
          equipment contractor services and may include activities such as construction, irrigation,
          septic system or plumbing contractors and truck transport services. Such activities may
          include only incidental service, repair and storage of vehicles, equipment or materials. This
          definition specifically excludes provision for the retail or wholesale sale or storage of
          merchandise or the retail servicing of vehicles unrelated to the service use itself.

Coverage building
          Is the total aggregate percentage of the lot or land area covered by structures as defined in the
          term “building area”. This includes principal and/or accessory buildings but excludes fences,
          signs, pavement, patios and similarly treated spaces on the ground.

Coverage lot
          See coverage, building.
Day care center
          A land use in which care and supervision of (at three (3) or more) minors (children) or
          dependent adults is provided on a daily or regularly programmed basis outside of their place
          of residence. Care for each person is for less than a twenty-four (24) hour period and may
          occur during any part of a day. Examples of activities which are day care facilities under this
          ordinance include: nursery schools, pre-school programs, after school programs or day care
          centers, senior day care facilities.

Dimensional group
          Represents a method of organizing information and the groups used in this zoning ordinance
          are intended only to associate individual land use activities with lot and structure dimensional
          requirements. Several zone districts have more than one set of dimensional standards,
          therefore, to clarify and to minimize the need for special interpretations each land use is
          associated with one of the following groups: residential, non-residential, commercial,
          agricultural, industrial, specialized or variable.

Drive-in service
          A facility attached or detached to a principal building from which customers conduct any
          business, secure consumer goods or services, and products are dispensed for off-premise
          use/consumption while customers remain in their motor vehicles; this definition includes
          facilities associated such uses as: drive-in or drive-thru banks, restaurants and movie theaters,
          ATM's (automatic teller machines), and drive-up kiosks and specifically excludes gasoline
          service station, carwash and similar motor vehicle services and designated vehicle loading
          areas accessory to retail or wholesale uses.




                                                    -8-
                         Town of Verona Zoning Ordinance Revisions Project
                                  ZONING ORDINANCE – 2004

Dwelling
           A building designed and occupied by one or more dwelling units used as permanent or
           seasonal residence; this term excludes temporary or recreational forms of shelter such as tents,
           trailers, recreational vehicles which are portable and readily moveable.

Dwelling unit
           One room, a coordinated arrangement of several rooms or an entire building that is designed
           and occupied as a self-contained independent residential living unit and where each unit is
           provided with a SEPARATE:
               *access to the exterior of the building directly or through a common hallway or entrance,
               *areas for eating and food preparation,
               *bathroom facilities,
               *sleeping quarters,
               *water supply and/or sanitary disposal system, and
               *Any other facilities incidental and necessary for human habitation by one family as
                defined in this zoning ordinance.
Dwelling, multi-family

            A building designed for and occupied as a principal use by three or more dwelling units
           contained within a building that is occupied by other non-residential principal uses.

Dwelling, one family
           A (detached or semi-detached) building designed for and occupied as a principal use by one
           (1) dwelling unit.

Dwelling, two families
           A building designed for and occupied as a principal use by two (2) dwelling units.

Emergency vehicle station
           The use of land, structures or facilities to store, care and operate emergency rescue, fire or
           ambulance services. It may include space for vehicles, equipment and personnel.

Excavation/mining use
           Land used for the removal and transfer, with or without compensation of sand, gravel, rock or
           stone, topsoil or earth and similar substances from their original or natural locations to a
           different property, and shall include uses such as: borrow pit, gravel or sand pit or mine; this
           definition shall exclude the removal of such substances when incidental to the construction or
           the operation of a principal use and when the removed substances are redistributed on the
           original site or disposed of in accordance to a method approved by the town.




                                                     -9-
                        Town of Verona Zoning Ordinance Revisions Project
                                 ZONING ORDINANCE – 2004

Family
         One (1) or more persons occupying the premises and living as a single housekeeping unit with
         common use, care and access to living and sleeping areas with shared cooking, eating and
         toilet facilities as distinguished from a group of individuals occupying specified rooms and
         without common access, use, or care of the entire dwelling such as within a boarding &
         rooming house, motel/hotel, dormitory, fraternity/sorority, club or hospital/nursing home.
Farm
         Land and/or buildings occupied for the commercial production of field crops, fruits,
         vegetables, ornamental plants, livestock and livestock products, woodlands or similar
         products on one or more non-contiguous properties, and includes buildings and outdoor areas
         for the storage, distribution, use and care of fuel, supplies, equipment and raw agricultural
         products and may include buildings used for residential purposes; the term includes facilities
         to process, cook, mill or transform raw agricultural products into retail consumer goods. (For
         retail sale see farm stand).

Farm stand
         An incidental and subordinate activity of a farm, nursery or greenhouse involving a building
         or portion of a building used for the seasonal retail sale of agricultural products, and may
         include activities in which retail customers pick or select their own produce from the fields or
         growing areas.

Farmette (hobby farm)
         A parcel of land, a minimum of (5) five acres and not to exceed (20) acres, used primarily for
         single family residential purposes in which a portion of the parcel may be used for accessory
         and limited commercial agricultural purposes. Examples include: a single family residence
         with crops used either for personal consumption of the occupants or retail sale at an off-site
         business or from an on-site farm stand; a single family residence with barns, stables or similar
         structures for agricultural livestock that are maintained as source of food, pets or similar
         recreational use by the occupants.

Funeral home
         A building or portion of building designed and occupied for the preparation of deceased
         persons for burial and for the arrangement and management of burial ceremonies; the use
         commonly includes accommodations for people to congregate and hold ceremonies and
         includes the terms funeral parlor or undertaker. The term excludes facilities for the cremation
         of human remains.

Garage, private
         An accessory building or portion of a building designed and occupied primarily for the storage
         of motor vehicles or property owned or controlled by the occupants of the principal residential
         or non-residential use.

Garage, public
         See motor vehicle sales and service.

                                                 -10-
                           Town of Verona Zoning Ordinance Revisions Project
                                    ZONING ORDINANCE – 2004


Garage, storage
          A principal use of a building or land for only the storage of vehicles or other items for
          compensation, and at which no retail products or automobile fuels or oils are sold nor are
          vehicles or items serviced, equipped, repaired, leased or sold.
Gasoline station/convenience store
        Land and/or building improved and occupied for the retail sale and dispensing of fuel to
        motor vehicles, may include facilities for the minor repair, service or cleaning of motor
        vehicles and the retail sale of groceries, prepared food and similar convenience items (but
        specifically excludes auto body repair, painting, dismantling and storage).
Greenhouse, accessory
        An accessory structure for a residential, non-residential or commercial land use that is
        typically enclosed with glass, plastic or similar materials and which may be used for personal
        enjoyment and/or the non-commercial production of plants.
Greenhouse, commercial
             A structure typically enclosed with glass, plastic or similar translucent materials within which
             agricultural or horticultural products are grown for retail or wholesale sale and includes
             appropriate areas for parking, loading and storage, office and customers.
Half-story
        That part of a building between a pitched roof and the upper most full story, said part having a
        ceiling height of seven (7) feet or more for an area not exceeding one-half the floor area of
        said full story, and in which space not more than two-thirds of the floor area is finished off as
        rooms.
Home occupation
             Any personal or professional service, trade or occupation customarily conducted within a
             dwelling and carried on the inhabitants thereof, which use is clearly incidental and accessory
             to the use of the dwelling for dwelling purposes, which does not change the its residential
             character, and conforms to the requirements of this ordinance (see section V.3.F).
Hospital
             An institution specializing in giving medical, surgical or rehabilitation treatments to persons
             on an in- or out-patient basis and may include lodging and dining facilities for the patients and
             staff. (Applies to nursing homes)
Hotel
             (Includes motel) a building or group of buildings providing rental sleeping rooms, with or
             without toilet facilities, for the general public or a membership and which may contain
             separate dining rooms, kitchens, meeting and entertainment rooms which are primarily
             designed to serve the transient occupants but which may be open to the general public; this
             term includes inn, hostel, dormitory or shelter and excludes boarding and rooming house.




                                                     -11-
                          Town of Verona Zoning Ordinance Revisions Project
                                   ZONING ORDINANCE – 2004

Indoor recreation - participant
            A principal use of structure for individual or small group sporting events or recreational
            activities such as video arcades, indoor tennis court, bowling alleys and athletic clubs. Such
            facilities are designed for the direct use and participation of most of the attendees, and may
            include spectator facilities.

Indoor recreation - spectator
            A principal use of structure for individual or team sporting events or recreational activities
            such as indoor soccer fields, basketball court. Such facilities include seating or areas for
            visitors, observers or spectators and may be designed for the direct use and participation of
            some of the attendees.

Industrial or manufacturing use
            A commercial activity characterized by the transformation of substances into new products
            (including the assembly of component parts of manufactured products), and includes by
            illustration uses such as: factories or mills utilizing power driven machinery and materials
            handling equipment. This term shall also include transportation facilities designed for the
            handling of goods destined for shipment, including interim storage facilities, truck terminals,
            freight stations and related installations and improvements. This term shall not include junk-
            yards, automotive or other disassembly plants, or bulk petroleum storage.

Junk yard
            Land occupied by a commercial activity principally characterized by the collection, storage,
            dismantling and salvaging of waste material, inoperative equipment, machinery or motor
            vehicles and may include the (retail sale and/or) wholesale distribution of salvaged material.

Kennel
            A land use or structure used for the commercial harboring or care of domestic animals, such
            as dogs, cats, and similar pets.

Kennel, accessory
            Accessory use of a residence setting aside land or a structure to be used for the commercial
            harboring or care of domestic animals, such as dogs, cats, and similar pets.

Library
            A public or private institution maintaining a selection of books, records and other materials
            for use by the general public or membership and may include meeting or lecture rooms but
            shall exclude businesses which rent books, records, videotapes, videodisc, athletic equipment
            or similar objects for compensation or profit.




                                                     -12-
                          Town of Verona Zoning Ordinance Revisions Project
                                   ZONING ORDINANCE – 2004

Lot
            An area of land defined by property lines shown on a deed, survey, or official tax map and is
            considered as a unit, occupied or capable of being occupied by one building and accessory
            buildings or uses, or by a group of buildings or uses united by a common use or interest; and
            including such open spaces as are required by this ordinance, and having frontage on a public
            or private right-of-way or an officially approved right-of-way.
Lot area
            The total square footage within the property line of a lot, including easements and excluding
            land within dedicated streets or highway boundaries

Lot coverage

            See coverage (building).
Lot depth

            The average horizontal distance between the front and rear lot lines. Lot depth is measured
            generally parallel to the side lot lines and may be measured along several points on the front
            and rear property lines.

Lot width
            The distance between the side property lines measured along the front yard setback line as
            determined by the applicable front yard requirement as defined in this ordinance.

Lot corner
            A lot located at the intersection of and fronting on two or more intersecting streets, and having
            an interior angle at the corner of intersection of less than 135 degrees. A corner lot shall have
            a required front yard along each right-of-way frontage.

Lot interior
            A lot bounded on all sides by other lots or a lot having only one frontage to a right-of-way.

Lot through

            Any lot other than a corner lot having frontage onto two or more streets or roads.

Marina
            The use land, structures and adjacent water bodies for the storage, docking, and/or servicing
            or boats for compensation or as non-profit operation. It may include other business activities
            such as retail and administrative operations, restaurants and similar services.

Meat processor
            A facility engaged in the commercial slaughter, processing or packaging of any meat and meat
            products for sale or distribution to wholesale and/or retail establishments.




                                                    -13-
                        Town of Verona Zoning Ordinance Revisions Project
                                 ZONING ORDINANCE – 2004

Medical care facility
          A facility providing for the treatment of illness, injury and disease, providing in-patient and/or
          out-patient accommodations, including what are commonly termed clinics, diagnostic centers,
          and neighborhood health centers.

Mobile home Park
          A parcel of land under single ownership or management planned and improved for the
          placement of two or more mobile homes.

Mobile home, single-wide
          See also modular or manufactured home, a type of unit that may be constructed in a manner
          similar to a mobile home, single wide but is permanently affixed to a foundation and with
          permanent connections for water supply and waste disposal.

Mobile home, double-wide
          A transportable, single-family dwelling unit suitable for year-round occupancy and containing
          the same conveniences as immobile housing with respect to water supply, light, heat, power
          and waste disposal. A mobile home is a portable unit designed and built to be towed on its
          own chassis comprised of a frame and wheels and designed for occupancy without a
          permanent foundation for year-round living. A unit may contain parts that may be folded,
          collapsed or telescoped when being towed and expanded later to provide additional cubic
          capacity. A unit may also be two (2) or more separately tow-able components designed to be
          joined into one (1) integral unit capable of being again separated into the components for
          repeated towing (double wide). Mobile units are designed to be used as long- term residential
          units and exclude travel trailers, motorized homes, pick-up coaches, camping trailers, and all
          forms of recreational vehicles.

Modular or manufactured structure
          Any structure or building assembled completely or partially into major building components
          off-site; and transported to a different site for permanent placement. A major building
          component shall include but not be limited to such elements as rooms and be an assembled
          unit of walls, floor and ceiling. Off-site pre-assembly of elements such as stairs or steps, roof
          rafters or floor joists commonly used in the conventional construction of a building shall not
          be considered major building components. For purposes of these zoning regulations a
          modular structure is the same as any conventionally built structure and shall comply with all
          applicable use and dimensional controls.
Motel
          See definition of hotel.

Motor vehicle sales & service
          Land and structures commercially used for the major and/or minor servicing or repair, auto
          body repair and painting, sales or storage of motor vehicles includes cars, trucks, recreational
          vehicles, motor cycles, snowmobiles or boats; it excludes motor vehicle dismantling and
          storage or sale of dismantled parts.

                                                   -14-
                        Town of Verona Zoning Ordinance Revisions Project
                                 ZONING ORDINANCE – 2004

Nursery commercial
          Land and/or building improved and occupied for the commercial raising, storage or retail sale
          of ornamental plants, household garden supplies and equipment.
Nursing or convalescent home
          A facility licensed by NYS for the accommodation and care of persons with, or recuperating
          from, illness or incapacity, and where nursing or rehabilitation services are provided.

Office
          A building or portion of a building designed and occupied to perform services as a principal
          use of an administrative, professional or clerical nature and includes activities such as:
          insurance, real estate, financial, legal, design, medical and management.

Outdoor recreation - participant
          A principal use of land or structures for individual or small group sporting events or
          recreational activities such as swimming pools, tennis courts, golf courses and exercise tracks,
          archery or rifle ranges. Such facilities are designed for the direct use and participation of most
          of the attendees, and may include spectator facilities. This land use may include incidental
          facilities serving food and beverages.

Outdoor recreation - spectator
          A principal use of land and facilities for individual or team sporting events or recreational
          activities such as outdoor soccer, football or baseball fields, basketball court. Such facilities
          provide spectator space, seating and observation areas and may include space for direct
          participation of some of the attendees. This land use may include incidental facilities serving
          food and beverages.

Outdoor sales, service and storage
          The commercial use of land for the outdoor sale display, or storage of equipment, supplies,
          vehicles or merchandise. Such uses include by illustration on sale of lumber, building
          supplies, farm equipment, automobiles, and contractor’s storage but specifically exclude
          junkyard, waste or scrap products or farm products.

Parking area
          Principal or secondary use of land or building or portion thereof for the temporary storage of
          motor vehicles for gain or associated with land uses on separate properties.

Parking/garage public
          A building or parcel of land used for the temporary storage of motor vehicles either for gain or
          as a service related to other uses or properties.




                                                   -15-
                           Town of Verona Zoning Ordinance Revisions Project
                                    ZONING ORDINANCE – 2004

Personal service use
             See also retail use; a commercial activity characterized by the direct on-premise sale of
             primarily services to the ultimate customer and includes uses commonly referred to as: barber
             shop, beauty salon, dry cleaner, Laundromat and similar activities where the customer is
             typically present to receive the services.

Principal building
             See structure, principal.
Private club
             A facility under the direct supervision and control of a charitable, religious, social service,
             public or similar community organization including not-for-profit corporations, which
             provides a place of congregation or meeting for purposes of education, training, counseling,
             active or passive recreation or similar pursuits including social facilities. This land use may
             include incidental facilities serving food and beverages. This term shall not include schools or
             retail business activities.

Religious institution

             A building occupied for people to regularly gather, attend and/or participate in religious
             services, ceremonies, instruction, meetings or similar activities and includes buildings
             commonly referred to as church synagogue, meeting house or temple; the use may also
             include an attached or detached dwelling unit for a caretaker or primary religious official but
             excludes dormitory.

Restaurant/Bar

             A building or portion of a building designed and occupied for the retail sale of food and/or
             beverage that is prepared and served in a ready-to-consume state either on or off the premises;
             this definition includes uses commonly referred to as: clubs, luncheonettes, snack bars, family
             restaurants, ice cream or pizza parlors, take-out restaurants, taverns, inns and cafes but
             excludes: temporary facilities associated with carnivals, field days, charitable fund-raising or
             similar events and the incidental retail sale of prepared food accessory to another principal use
             such as a gasoline service station or employee cafeterias and snack areas.
Retail use
             A building designed or occupied for a commercial activity primarily characterized by the
             direct (on-premise) sale and display of goods and services within the building to the ultimate
             consumer; the use may contain ancillary office, repair facility and/or storage area and includes
             buildings commonly referred to as: department store, hardware store, grocery, boutique, craft
             shop, appliance repair shop, video rental store and personal service establishment - defined
             herein, but specifically excludes restaurant, gasoline service station, other motor vehicle sales
             or service, outdoor retail sales, display or service.




                                                      -16-
                        Town of Verona Zoning Ordinance Revisions Project
                                 ZONING ORDINANCE – 2004

Rural business use
          A principal, non-residential use offering a retail or service activity providing goods and
          services that are primarily related to and support agricultural operations. Examples include
          but are not limited to the: sale and service of farm implement such as tractors, sale and
          service of hand tools, small power equipment, veterinary service, and drilling, soil preparation
          and irrigation service.

Rural service use
          A form of accessory use, similar to home occupation, in which a business or professional
          activity is conducted and incidental to a single residence, farmette or a farm in specified
          portions of the town. Examples include: small engine repair, custom meat processing, and
          boarding of domestic animals. Activities are subject to review and approval specified in the
          district regulations.
School
          A public or private institution providing a curriculum of elementary and secondary academic
          or vocational instruction and includes day care facility, nursery school, kindergarten,
          elementary, middle and high school; it excludes the offering of group instruction within a
          residence, boarding school and college.
Setback
          The distance measured on a perpendicular from a property line towards the interior of a lot.
          For irregular or curved property lines the distance shall be measured along a series of points
          from the property line. Setback may be specified within the ordinance as minimum or
          maximum distance. (see also yards, required).

Shopping center
          Land planned, improved and managed to accommodate a grouping of three (3) or more
          commercial uses in one or more buildings designed to share parking, access, signage and
          other site services; uses commonly included within a shopping center are: retail store,
          restaurant, drive-in service, gasoline service station, indoor recreation and office.
Signs
          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, but not including any flag, badge, or insignia of any government or
          government agency, school or religious group, or of any civic, charitable, religious, patriotic,
          fraternal or similar organizations, nor any official traffic control device.

Sign Advertising

          An “advertising sign” is a sign which directs attention to a business, commodity, service or
          entertainment sold or offered upon the premises where such sign is located, or to which it is
          affixed.




                                                  -17-
                        Town of Verona Zoning Ordinance Revisions Project
                                 ZONING ORDINANCE – 2004


Signs Business

          A “business sign” is 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.

Sign Flashing

          A “flashing sign” is any illuminated sign on which the artificial light is not maintained
          stationary or constant in intensity and color at all times when such sign in is use. For the
          purpose of this ordinance any revolving, illuminated sign shall be considered a “flashing
          sign”.

Slaughterhouse
          A facility where animals are temporarily held, butchered and the prepared for either retail or
          wholesale market consumption.

Stable, private
          A building and portion of land occupied for the maintaining and care of horses, mules or
          burros for the personal or recreational use of the occupants and constituting an accessory use
          of a residential property.

Stable, public
          Land or structure improved and occupied for the commercial breeding, boarding, care or sale
          of domestic or farm animals including horses, goats and sheep for recreational purposes.

Storage trailer
          A portable and moveable vehicle or structure designed and occupied to provide temporary
          storage for goods, equipment or merchandise used in conjunction with (and constituting an
          accessory building of) a commercial use.
Story
          That portion of a building included between the surface of any floor and the surface of the
          floor next above it, or if there be no floor above it, then the space between any floor and the
          ceiling next above it.
Street
          A public or private right-of-way affording the public vehicular and/or pedestrian access to
          abutting property.

Structural alteration
          Any change in the supporting members of a building.




                                                   -18-
                          Town of Verona Zoning Ordinance Revisions Project
                                   ZONING ORDINANCE – 2004

Structure
            Anything constructed or erected, the use of which requires location on the ground or
            attachment to something have location on the ground.

Structure, accessory
            A building, structure or mechanical equipment or decorative device attached or detached to a
            principal structure, located on the same lot or property and is subordinate and incidental to the
            use of the principal structure; the term includes improvements such as: garages, storage sheds,
            waste disposal equipment, antenna, swimming pools, parking/loading areas and signs.

Structure, principal
            A building, structure or mechanical equipment designed and built to be occupied or used by
            the predominant land use activity allowed on the lot.

Supervisor/Staff residence
            Residential facility for potentially unrelated individuals living under the care or supervision of
            a professional manager responsible for the care and operation of the residence. Such uses may
            include residences commonly referred to as dormitory, group home, or convent.

Temporary care residence
            A temporary and separate residential dwelling located on the same lot as a principal one or
            two family residence occupied by an elderly, disabled or infirm relative who is incapable of
            independent living and is to receive various forms of care from the occupant of the principal
            residence. The temporary dwelling may be occupied by a relative who will provide various
            forms of care to an elderly, disabled or infirm occupant of the principal residence who is
            incapable of independent living. (See also Supplemental Regulations IV, for standards and
            conditions of approval).

Text Amendment
            A legislative process set forth in N.Y.S Town Law and this ordinance to expand or generally
            modify the written language of this zoning ordinance. (see also zone map amendment).

Trucking terminal
            Land and/or facilities for the temporary storage of materials for redistribution to and from
            trucks, tractor-trailers and similar vehicles.

Use, secondary
            A minor land use within a larger principal commercial land use or structure. Secondary uses
            differ from accessory uses in that they may not directly relate to or support the principal use,
            they may be under separate and distinct ownership and/or management from the principal use,
            and may operate somewhat independently of the principal use (i.e. different hours). Secondary
            uses might be principal land uses in the same or other zone districts. Secondary uses are
            permitted when specified in a district, subject to the designated review. Examples might



                                                     -19-
                        Town of Verona Zoning Ordinance Revisions Project
                                 ZONING ORDINANCE – 2004

          include a small retail service such as a pharmacy or newsstand within a medical office
          building, or a public restaurant in a sports facility.

Use, principal
          The major use or activity occurring on a lot and defining the overall purpose of the land,
          structures and any ancillary elements.

Utility substation
          Land occupied by a building, structure or equipment used by a public utility service regulated
          by the NYS Public Service Commission or a public agency in the transmission or collection
          of energy, communication, water, or sanitary waste and may include transmission poles and
          towers, pump stations, and equipment monitoring buildings but excludes transmission
          facilities for public broadcasting; offices; vehicle, equipment and material storage;
          warehousing and similar functions.

Variance, area
          A modification of the dimensional standards of this zoning ordinance for a property according
          to the procedures and standards set forth in N.Y.S. Town Law and this zoning ordinance.

Variance, use
          A modification of the land use standards of this zoning ordinance for a property according to
          the procedures and standards set forth in N.Y.S. Town Law and this zoning ordinance.

Warehouse
          A building designed or occupied by a commercial activity principally characterized by the
          long-term retention of materials, consumer goods, equipment, or merchandise and includes
          (truck terminals) wholesale establishments involved in the bulk sale or distribution of
          materials to retail, manufacturing, and contractor, institutional or other uses.

Wholesale use
          A commercial activity characterized by the sale of merchandise in quantity to retail,
          manufacturing, construction contracting, institutional or other wholesale establishments,
          including on-premise storage and distribution facilities, but excluding bulk petroleum, natural
          gas or chemical storage.

Yard
          The required open space of a lot not to be occupied or obstructed by any portions of a
          structure from the ground upward, except as specifically allowed in this ordinance.




                                                  -20-
                           Town of Verona Zoning Ordinance Revisions Project
                                    ZONING ORDINANCE – 2004

Yard, front
             The required open space extending across the entire width of the lot between the front
             property and the required setback distance. There shall be no structures or extension of
             structures other than steps, eaves, cornices and similar portions of structures. Parking of
             vehicles is permitted unless specifically prohibited by this ordinance.

Yard, rear
             An open, unoccupied space, except for walks, patios, paved areas, accessory structures and
             the parking of motor vehicles, on the same lot with the building between the rear line of the
             building and the rear lot line and extending the full width of the lot.

Yard, side
             An open, unoccupied space on the same lot with the building, situated between the building
             and side lot line and extending from the edge of the required front yard to edge of the required
             rear yard. It may be occupied by walks, patios, pavement and parked vehicles.

Zone map amendment
             A legislative process set forth in N.Y.S Town Law and this ordinance to change or modify the
             zoning map. (see also text amendment).




                                                      -21-
                        Town of Verona Zoning Ordinance Revisions Project
                                 ZONING ORDINANCE – 2004

Article III ZONE DISTRICTS

Section III-1 Establishment of Zone districts

For the purposes of this law, the Town of Verona is divided into the following zoning districts:

RD     Rural Development                     CNS     Commercial Neighborhood Service
RR     Rural Residential                     HCR     Hamlet Commercial and Residential
R      Residential                           PC      Planned Commercial
PUD    Planned Unit Development              HC&I    Heavy Commercial/Industrial

Section III-2 Overlay Districts

       An overlay district is a form of zone district which imposes additional regulations for specific
       purposes, such as historic preservation, flooding, parking or other concerns and may be
       established at the discretion of the Town Board pursuant to Section VI.E.1 of this ordinance.
       Overlay districts establish controls that are superimposed upon, and in addition to, the district
       regulations affecting land use and structure.

               Hov    Highway Overlay

Section III-3 Zoning Map

       The location and boundaries of each zoning district are shown on the map entitled "Town of
       Verona Zoning Map", and is certified by the Town Clerk, which is on file in Town Hall and is
       hereby declared to be a part of this Local Law.

Section III-4 Interpretation of District Boundaries

       When uncertainty exists with respect to the boundaries of any district as shown on the Zoning
       Map, the following rules shall apply:

       A.      Boundaries indicated as approximately following the center lines of streets shall be
               construed to follow such center lines.

       B.      Boundaries indicated as approximately following mapped lot lines shall be construed as
               following such lot lines.

       C.      Boundaries indicated as following shorelines of streams and lakes shall be construed to
               follow such shorelines, and, in the event of change in the shoreline, shall be construed as
               moving with the actual shoreline.

       D.      Boundaries indicated as approximately following the corporate boundaries of the Town of
               Verona shall be construed as following such corporate boundaries.



                                                   -22-
                        Town of Verona Zoning Ordinance Revisions Project
                                 ZONING ORDINANCE – 2004

       E.     Boundaries indicated as parallel to, or extensions of, features indicated in Paragraphs A
              through C, shall be so construed. Distances not specifically indicated on the Zoning Map
              shall be determined by the scale of the map or a description of boundaries, if available,
              adopted by the Town Board.

       F.     Where a district boundary line divides a lot existing at the time of adoption of this Local
              Law, the regulations of Section III-5 shall apply.

       G.     The Code Enforcement Officer shall determine the location of zone district boundaries.
              Any challenge of that Officer's determination may be brought by any resident to the
              Zoning Board of Appeals pursuant to Section VI.D.2.a.

Section III-5 Lots Divided by District Boundaries

       Where a district boundary line divides a lot existing at the time of adoption of this Local Law, the
       uses and requirements of the less restricted portion of such lot may not extend more than thirty
       (30) feet into the more restricted portion, provided the lot has frontage on a street in the less
       restricted district. Development of the more restricted portion beyond (30) feet shall require
       issuance of a Special Permit by the Zoning Board of Appeals pursuant to Section VI.D.2.c.

Section III-6 General Provisions

       Accessory uses and structures

       1.     Unless otherwise specified all accessory uses and structures shall be subject to the same
              review process as the principal use for which it is incidental.

       2.     Unless otherwise specified all accessory uses and structures shall conform to the lot and
              structure dimensional standards applicable to the principal use or structure.

       3.     No accessory use or structure shall occupy a lot without a principal use present on the
              same lot.

       4.     Mechanical equipment, decorations, treatments, antennas, chimneys and similar
              appurtenances may not require site plan or special permit review if they are less than
              10 sq. ft. in area, attached to the principal structure and are found by the Codes
              Enforcement Officer to be consistent to the conditions if any of board approval.




                                                   -23-
                         Town of Verona Zoning Ordinance Revisions Project
                                  ZONING ORDINANCE – 2004

Section III-7 RD       Rural Development

          The purpose of this district is to foster and maintain the economic viability of agricultural uses
and to minimize impacts upon sensitive environmental and natural resources in major rural portions of
the Town. Limited residential and non-agricultural development will be accommodated in a manner
that is least disruptive to agriculture and the environment.

        Procedure            Dimensional Group                Land Use

          Use by Right
                               Agriculture                    farm
                                                              farmette (hobby farm)
                               Residential                    dwelling, one family
          Site Plan Review
                               Agriculture                    stable, private
                               Non-residential                cemetery
          Special Permit
                               Agriculture                    agricultural processing facility
                                                              farm stand
                                                              greenhouse, commercial
                                                              nursery, commercial
                                                              rural business use
                                                              rural service use
                                                              stable, public
                               Non-residential                contractor and trucking service use
                                                              emergency vehicle station
                                                              garage, storage
                                                              kennel
                                                              outdoor & indoor recreation - participant
                                                              outdoor & indoor recreation - spectator
                                                              private club
                                                              utility substation
                                                              veterinarian
                               Residential                    accessory apartment dwelling
                                                              bed & breakfast residence
                                                              home occupation
                                                              kennel, accessory
                                                              supervisor/staff residence
                                                              temporary care residence
                                                              two family dwelling
                                                              multiple family dwelling

                               Use & Dimensions
                               subject to review by
                               Town Board                     airstrips, private



                                                    -24-
                          Town of Verona Zoning Ordinance Revisions Project
                                   ZONING ORDINANCE – 2004

RD - Zone District - Lot and Structure Dimensional Requirements

                                            DIMENSIONAL GROUPS

                               Residential                NON-Residential             Agricultural
1. Lot

a. area, minimum
   1) generally                80,000 sq. ft.             5 acres                     10 acres
   2) farmette                                                                         5 acres
b. width, minimum
   1) generally                125 ft.                    125 ft.                     500 ft.
   2) farmette                                                                        125 ft.
c. coverage, maximum
   1) generally                20%                        20%                         10%
   2) farmette                                                                        20%

2. Principal Structure; Detached and attached accessory structures

a. front yard minimum          50 ft.                     50ft.                       50 ft.
b. side yard minimum
   1) one side                 25 ft.-(incl. farmette) 25 ft.                        50 ft.
   2) total both sides         50 ft.-(incl. farmette) 25 ft.                       100 ft.
c. rear yard minimum           30 ft.                  30 ft.                        50 ft.
d. maximum height              35 ft.                  35 ft.                        50 ft.

3. Accessory structures; Detached, less than 144 sq. ft.

a.   front yard minimum        -----------------Existing Principal structure front line---------------
b.   side yard setback         5 ft.                      5 ft.                      Equal to hgt.
c.   rear yard setback         5 ft.                      5 ft.                      Equal to hgt.
d.   maximum height           15 ft.                     15 ft.                      25 ft.


4. Required Information

a. must comply with Section V-6, Common Review Procedures and Submission Requirements.




                                                       -25-
                        Town of Verona Zoning Ordinance Revisions Project
                                 ZONING ORDINANCE – 2004

Section III-8 RR      Rural Residential

         The purpose of this district is to allow for residential and appropriate non-residential
development in selected portions of the Town that are un-sewered but may have existing or planned
public water service. The district maintains low impacts to environmental and natural resources by
primarily requiring individual lot and on-site improvements. Agricultural uses will be limited and
minimally accommodated to ensure compatibility with residential development.

        Procedure         Dimensional Group        Land Use

         Use by Right
                              Residential          dwelling, one family

         Site Plan Review
                              Agriculture          farm
                                                   farmette (hobby farm)
                              Non-residential      cemetery

         Special Permit
                              Agriculture          accessory farm dwelling
                                                   farm stand
                                                   greenhouse, commercial
                                                   nursery, commercial
                                                   rural service use
                                                   stable, private
                                                   stable, public
                              Non-residential      day care center
                                                   emergency vehicle station
                                                   kennel
                                                   library
                                                   outdoor recreation - participant
                                                   private club
                                                   religious institution
                                                   school
                                                   utility substation
                                                   veterinarian
                              Residential          bed & breakfast residence
                                                   home occupation
                                                   supervisor/staff residence
                                                   temporary care residence
                                                   two family dwelling
                              Use & Dimensions
                              subject to review by
                              Town Board           airstrips, private



                                                  -26-
                          Town of Verona Zoning Ordinance Revisions Project
                                   ZONING ORDINANCE – 2004

RR - Zone District - Lot and Structure Dimensional Requirements

                               DIMENSIONAL GROUPS

                               Residential                NON-Residential                      Agricultural
1. Lot

a. area, minimum
   1) generally                40,000 sq. ft.             80,000 sq. ft.                       10 acres
   2) Farmette                                                                                  5 acres
b. width, minimum
   1) generally                125 ft.                    125 ft.                              500 ft.
   2) farmette                                                                                 125 ft.
c. coverage, maximum
   1) generally                20%                        20%                                  10%
   2) farmette                                                                                 20%

2. Principal Structure; Detached and attached accessory structures

a. front yard minimum          50 ft.                     50ft.                                50 ft.
b. side yard minimum
   1) one side                 25 ft.-(incl. farmette)    25 ft.                              50 ft.
   2) total both sides         50 ft.-(incl. farmette)    25 ft.                             100 ft.
c. rear yard minimum           30 ft.                     30 ft.                              50 ft.
d. maximum height              35 ft.                     35 ft.                              50 ft.

3. Accessory structures; Detached, Less than 144 sq. ft.

a.   front yard minimum        -----------------Existing Principal structure front line---------------
b.   side yard setback         5 ft.                      5 ft.                      Equal to hgt.
c.   rear yard setback         5 ft.                      5 ft.                      Equal to hgt.
d.   maximum height           15 ft.                     15 ft.                                25 ft.


4. Required information

a. must comply with Section V-6, Common Review Procedures and Submission Requirements.




                                                         -27-
                        Town of Verona Zoning Ordinance Revisions Project
                                 ZONING ORDINANCE – 2004

Section III-9 R       Residential

         This district is to foster and maintain moderate density single family residential development in
portions of the Town that afford the full provision of public water and sewer facilities. Compatible non-
residential development supportive of a single family residential environment will be accommodated.
Environmental protections will be achieved through a combination of private and community facilities.

        Procedure         Dimensional Group        Land Use

         Use by Right
                               Residential         dwelling, one family
                                                   dwelling, two family

         Special Permit
                               Non-residential     cemetery
                                                   community center
                                                   day care center
                                                   emergency vehicle station
                                                   library
                                                   nursing or convalescent home
                                                   outdoor recreation - participant
                                                   private club
                                                   religious institution
                                                   school
                                                   utility substation

                               Residential         bed & breakfast residence
                                                   home occupation
                                                   supervisor/staff residence
                                                   temporary care residence
                                                   dwelling, multi-family




                                                   -28-
                          Town of Verona Zoning Ordinance Revisions Project
                                   ZONING ORDINANCE – 2004

R - Zone District - Lot and Structure Dimensional Requirements

                                DIMENSIONAL GROUPS

                                                          Residential                           NON-Residential

1. Lot
                                      one family                          two or multi-family       all other uses
a. area, minimum                      20,000 sq. ft.                      40,000 sq. ft.             40,000 sq. ft.
b. width, minimum                     100 ft.                             125 ft.                    125 ft.
c. coverage, maximum                  20%                                 20%                        20%


2. Principal Structure; Detached and attached accessory structures

a. front yard minimum                 40 ft.                              50ft.                      50ft.
b. side yard minimum
   1) one side                        15 ft.                              25 ft.
   2) total both sides                25 ft.                              50 ft.                     25 ft.
c. rear yard minimum                  30 ft.                              30 ft.                     30 ft.
d. maximum height                     35 ft.                              35 ft.                     35 ft.

3. Accessory structures; Detached less than 144 sq. ft.

a.   front yard minimum         Existing Principal structure front line
b.   side yard setback                 5 ft.                               5 ft.                      5 ft.
c.   rear yard setback                 5 ft.                               5 ft.                      5 ft.
d.   maximum height                   15 ft.                              15 ft.                     15 ft


4. Required information

a. must comply with Section V-6, Common Review Procedures and Submission Requirements.




                                                       -29-
                        Town of Verona Zoning Ordinance Revisions Project
                                 ZONING ORDINANCE – 2004

Section III-10        CNS     Commercial Neighborhood Service

         This district is to complement the more restrictive character of surrounding rural or residential
zone districts by allowing small-scale commercial and non-residential development in very limited
portions of the Town. The potential locations will generally be at intersections of significant roads and
may be partially or fully served with public water and sewer facilities. Environmental protection is
achieved by minimizing the extent of the area for district and with strong Town review requirements of
individual site developments.

        Procedure         Dimensional Group        Land Use

         Site Plan Review
                               Residential         dwelling, one family
         Special Permit
                               Commercial          bank
                                                   funeral home
                                                   garage, storage
                                                   gasoline station/convenience store
                                                   motor vehicle sales & service
                                                   office
                                                   personal service use
                                                   restaurant/bar
                                                   retail use
                               Non-residential     cemetery
                                                   community center
                                                   day care center
                                                   emergency vehicle station
                                                   indoor recreation - participant
                                                   library
                                                   marina
                                                   medical care facility
                                                   outdoor recreation - participant
                                                   private club
                                                   religious institution
                                                   school
                                                   utility substation
                                                   veterinarian
                                                   parking area
                               Residential         apartment
                                                   bed & breakfast residence
                                                   dwelling, multi-family
                                                   dwelling, two family
                                                   home occupation
                                                   supervisor/staff residence




                                                   -30-
                          Town of Verona Zoning Ordinance Revisions Project
                                   ZONING ORDINANCE – 2004

CNS - Zone District - Lot and Structure Dimensional Requirements

                                 DIMENSIONAL GROUPS

                                 Residential &                       Residential &               Commercial
                                 NON-Residential                     NON-Residential
                                 w/o water or sewer                  with water or sewer
1. Lot

a. area, minimum                 40,000 sq. ft.                      20,000 ft.                  20,000 ft.
b. width, minimum                125 ft.                             100 ft.                     100 ft.
c. coverage, maximum             30%                                 50 %                        30 %

2. Principal Structure; Detached and attached accessory structures

a. front yard minimum            50 ft.                              40 ft.                      40 ft.
b. side yard minimum
   1) one side                   25 ft.                              15 ft.                      15 ft.
   2) total both sides           50 ft.                              30 ft.                      30 ft.
c. rear yard minimum             30 ft.                              30 ft.                      30 ft.
d. maximum height                35 ft.                              35 ft.                      35 ft.
e. maximum residential density   6,000 sq. ft./unit                  6,000 sq. ft./unit
     (apartment, mixed use)
f. maximum size - main floor     4,000 sq. ft.                       4,000 sq. ft.

3. Accessory structures; Detached, less than 144 sq. ft.

a.   front yard minimum          --------------------Existing Principal structure front line-------------
b.   side yard setback                                        5 ft.
c.   rear yard setback                                        5 ft.
d.   maximum height                                          15 ft.


4. Required Information

a. must comply with Section V-6, Common Review Procedures and Submission Requirements.




                                                         -31-
                        Town of Verona Zoning Ordinance Revisions Project
                                 ZONING ORDINANCE – 2004

Section III-11         HCR Hamlet Commercial and Residential

          This district is intended to encourage and maintain the development and growth of primarily
existing community centers within Town by allowing a mixture of residential, non-residential and
commercial land uses in a physical setting that promotes pedestrian movement. Site development and
environmental protection shall be designed to utilize and enhance the provision of a full range of
community services such as public water, sewer, and/or drainage facilities.

        Procedure                Dimensional Group                        Land Use

         Use by Right

                                     Residential                          dwelling, one family

         Site Plan Review
              Commercial             bank                 Residential     apartment
                                     funeral home                         bed & breakfast residence
                                     office                               dwelling, multi-family
                                     personal service use                 dwelling, two family
                                     restaurant/bar                       home occupation
                                     retail use                           supervisor/staff residence
              Non-residential
                                     community center                     day care center
                                     library                              nursing or convalescent home
                                     private club                         religious institution
                                     school
         Special Permit
         Commercial                  car wash
                                     drive-in service
                                     gasoline station/convenience store
                                     hotel
                                     motel
                                     motor vehicle sales & service
                                     outdoor sales, service and storage
                                     shopping center
         Non-residential             cemetery                             emergency vehicle station
                                     hospital                             indoor recreation- participant
                                     medical care facility                indoor recreation - spectator
                                     marina                               outdoor recreation - spectator
                                     utility substation                   veterinarian
                                     parking area
         Residential                 apartment complex                    temporary care residence




                                                   -32-
                          Town of Verona Zoning Ordinance Revisions Project
                                   ZONING ORDINANCE – 2004

HCR - Zone District - Lot and Structure Dimensional Requirements
                                DIMENSIONAL GROUPS

                                Commercial/Residential            Commercial &
                                with water or sewer               Residential
                                                                  without water or sewer
1. Lot

a. area, minimum                10,000 sq. ft.                    20,000 ft.
b. width, minimum               60 ft.                            100 ft.
c. coverage, maximum            40%                               30 %

2. Principal Structure; Detached and attached accessory structures

a. front yard minimum             15ft.                           15 ft.
b. side yard minimum
   1) one side                    10 ft.                          15 ft.
   2) total both sides            20 ft.                          30 ft.
c. rear yard minimum              30 ft.                          30 ft.
d. maximum height                 35 ft.                          35 ft.
e. maximum residential density 6000 sq. ft./unit                  6000 sq. ft./unit
     (multi-family, apartment, mixed use)
f. maximum size - main floor                                      4000 sq. ft.

3. Shed structures; Detached less than 144 sq. ft.

a.   front yard minimum         --Existing Principal structure front line---
b.   side yard setback           5 ft.                            5 ft.
c.   rear yard setback           5 ft.                            5 ft.
d.   maximum height             15 ft.                            15 ft.

4. Required Information

a. must comply with section V-6, Common Review Procedures and Submission Requirements.

5. Fences

a. must comply with Section IV-6, Fences.




                                                       -33-
                          Town of Verona Zoning Ordinance Revisions Project
                                   ZONING ORDINANCE – 2004

         Section III-12        PC Planned Commercial

           This district is intended to promote a variety of medium to large scale commercial uses
developed in planned and well-designed arrangements of lots, buildings and site improvements.
Enhanced safety and use of public facilities is to be accomplished through site design emphasizing
shared use of site components such as: vehicular access and parking, signs and public facilities. This
district is intended to be applied to selected areas of the Town that afford excellent vehicular access to
major highways and a full range of public infrastructure services. Site development and environmental
protections shall be designed to enhance the appropriate use and any planned improvements of public
services such as public water, sewer, and/or drainage facilities and highways.

        Procedure         Dimensional Group         Land Use

         Site Plan Review
                               Commercial           bank
                                                    funeral home
                                                    hotel
                                                    motel
                                                    office
                                                    personal service use
                                                    restaurant/bar
                                                    retail use
                               Non-residential      community center
                                                    day care center
                                                    hospital
                                                    indoor recreation - participant
                                                    indoor recreation - spectator
                                                    library
                                                    medical care facility
                                                    religious institution
                                                    school
                                                    veterinarian
                                                    parking area
         Special Permit
                               Commercial           car wash
                                                    drive-in service
                                                    gasoline station/convenience store
                                                    motor vehicle sales & service
                                                    shopping center
                                                    outdoor sales, service and storage
                               Non-residential      emergency vehicle station
                                                    outdoor recreation - spectator
                                                    utility substation
                                                    airstrips, private




                                                   -34-
                          Town of Verona Zoning Ordinance Revisions Project
                                   ZONING ORDINANCE – 2004

PC - Zone District - Lot and Structure Dimensional Requirements

                                DIMENSIONAL GROUPS

                                All Allowed Uses
1. Lot

a.   area, minimum              4 acres
b.   width, minimum             300 ft.
c.   depth, minimum             ---- ft.
d.   coverage, maximum          30%

2. Principal Structure; Detached and attached accessory structures

a. front yard minimum           75ft.
b. side yard minimum
   1) one side                  25 ft.
   2) total both sides          50 ft.
c. rear yard minimum            30 ft.
d. maximum height               35 ft.

3. Accessory structures; Detached, less than 144 sq. ft.

a.   front yard minimum         Existing Principal structure front line
b.   side yard setback          5 ft.
c.   rear yard setback          5 ft.
d.   maximum height             15 ft.


4. Required Information

a. must comply with Section V-6, Common Review Procedures and Submission Requirements.




                                                      -35-
                        Town of Verona Zoning Ordinance Revisions Project
                                 ZONING ORDINANCE – 2004

Section III-13        HC&I           Heavy Commercial & Industrial

         This district is to accommodate generally non-retail commercial and industrial uses in limited
portions of the Town and which minimize potential conflicts with residential areas. This district is
intended for areas affording good highway access for truck traffic and with existing or planned
availability of public water and sewer services. Site development and environmental protections shall
be designed to enhance the appropriate and continued use or planned extensions of public services such
as public water, sewer, and/or drainage facilities and highways.

        Procedure         Dimensional Group       Land Use

         Site Plan Review
                              Agriculture         agricultural processing facility
                                                  greenhouse, commercial
                                                  rural business use

                              Commercial          bank
                                                  car wash
                                                  hotel
                                                  motel
                                                  motor vehicle sales & service
                                                  office
                                                  outdoor sales, service and storage
                                                  trucking terminal
                                                  warehouse
                                                  wholesale use

                              Non-residential     garage, storage
                                                  hospital
                                                  indoor recreation - spectator
                                                  medical care facility
                                                  outdoor recreation - spectator
         Special Permit
                              Commercial          bulk storage
                                                  gasoline station/convenience store
                                                  industrial or manufacturing use
                              Non-residential     emergency vehicle station
                                                  utility substation
                                                  airstrips, private




                                                 -36-
                          Town of Verona Zoning Ordinance Revisions Project
                                   ZONING ORDINANCE – 2004

HC&I - Zone District - Lot and Structure Dimensional Requirements

                                DIMENSIONAL GROUPS

                                All Allowed Uses
1. Lot

a.   area, minimum              5 acres
b.   width, minimum             200 ft.
c.   depth, minimum             ---- ft.
d.   coverage, maximum          50%

2. Principal Structure; Detached and attached accessory structures

a. front yard minimum           75ft.
b. side yard minimum
   1) one side                  25 ft.
   2) total both sides          50 ft.
c. rear yard minimum            30 ft.
d. maximum height               35 ft.

3. Accessory structures; Detached, less than 144 sq. ft.

a.   front yard minimum         Existing Principal structure front line
b.   side yard setback          5 ft.
c.   rear yard setback          5 ft.
d.   maximum height             15 ft.


4. Required Information

a. must comply with Section V-6, Common Review Procedures and Submission Requirements.




                                                      -37-
                         Town of Verona Zoning Ordinance Revisions Project
                                  ZONING ORDINANCE – 2004



Section III-14     PUD        Planned Unit Development

            This district allows for a variety of land uses and a flexible arrangement of lots, structures
and land uses in a well-planned and coordinated design. The flexibility of land uses and lots is achieved
by the Town continuously participating in and approving stages of project planning and development.
Any combination of land uses already permitted within the Town may be proposed for development on
sites under this district. This district is also intended to accommodate for land uses or scales of
developments that may be unique or require fuller consideration by the Town. This district may be
applied anywhere in the Town provided the project scale and design is found to be compatible and
coordinated with the environmental constraints and the existing and/or planned availability of public
water, sewer and drainage facilities.

§14.1 General Provisions

A. Uses Permitted

Procedure                         Dimensional Group                 Land Use
Site Plan Review                  All groups                        All uses permitted in conventional
                                                                    zone districts

                                                                    Additional uses - see III-14.4.B.2
                                                                    Pre-assigned Land Uses

B.     Procedure Overview

       The classification of any property within the Planned Unit Development (PUD) District requires
       the undertaking of a two-step process involving the approval of both the Town Board and the
       Planning Board.

       In the first step, the Town Board in its legislative capacity establishes the boundaries of the
       proposed PUD District and sets the limits on the nature and range of uses, geometric and site
       controls and overall project planning. The Town Board's action is in response to the applicant's
       submission of a general outline that sets forth the contemplated development for the proposed
       PUD District.

       The Planning Board is delegated by the Town Board to be responsible in the second step for
       ensuring that the general outline approved by the Town Board is properly implemented. The
       Planning Board achieves compliance by reviewing and approving the Project Plan submitted by
       the applicant. The Project Plan is the detailed narrative and graphic documentation for the
       development of the entire PUD District.




                                                   -38-
                      Town of Verona Zoning Ordinance Revisions Project
                               ZONING ORDINANCE – 2004



§14.2 PUD District Establishment by the Town Board

A.    Establishing a PUD

      All Planned Unit Development (PUD) Districts shall be established by the Town Board in
      accordance with the procedures set forth herein:

B.    Procedure

      Establishment of a Planned Unit Development District is a change to the zoning map and shall be
      made by the Town Board, pursuant to the requirements of NYS Town Law governing the
      formation and modifications of zone districts and the following additional requirements:

      1.     Receipt and Referral - Upon receipt of a Planned Unit Development District proposal,
             the Town Board shall refer the PUD District submission documents to the Planning
             Board for its advisory opinion on the establishment of the PUD District. The Planning
             Board shall respond to the Town Board with a written report of its findings and
             recommendations within a time period established by the Town Board, to be not less than
             thirty days and not more than 90 days unless modified by mutual agreement of the Town
             Board and Planning Board.

      2.     SEQR - The Town Board is the lead agency for purposes of the NYS Environmental
             Quality Review Act and shall determine the environmental significance of the proposed
             PUD District pursuant to SEQR and make the appropriate notification or referrals to the
             applicable municipalities or other levels of government.

      3.     Review and Discussion - Prior to any public hearing the Town Board may meet
             informally with the applicant, the Planning Board or other interested parties to discuss the
             PUD District proposal.

      4.     Public Hearing - The Town Board shall hold a public hearing. After which and upon the
             consideration of the recommendations by the Planning Board and other agencies, it may
             vote upon the establishment of a Planned Unit Development District.

      5.     Adoption - The Town Board shall, in its resolution adopting the PUD zone change,
             transfer the PUD District to the review authority of the Planning Board for Project Plan
             approval and shall instruct the Planning Board of the specific uses, minimum area and
             geometric controls to be maintained in the PUD District or in designated sub-areas and
             may stipulate project phasing and a timetable of Planning Board review. The resolution
             shall include a copy of the approved schematic plan of the proposed PUD District.

      6.     Effective Date - A PUD takes effect upon approval of a Project Plan by the Planning
             Board (see §14.3 below).



                                                 -39-
                     Town of Verona Zoning Ordinance Revisions Project
                              ZONING ORDINANCE – 2004



C.   Basis of PUD Approval

     The Town Board shall find that approval of a PUD is reasonable and appropriate in furthering the
     overall land development policies and goals of the Town. In making this determination the
     Town Board shall consider how the proposed PUD conforms to the Town of Verona 1996
     Comprehensive Land Use Plan, applicable infrastructure plans and policies, applicable
     environmental policies and programs and responds to new conditions or issues not previously
     addressed by the Town of Verona.

D.   Submission Documents for District Establishment

     In order to obtain the approval of the Town Board for the establishment of a Planned Unit
     Development District the following shall be submitted:

     1.     Narrative - A written narrative outlining the applicant's overall concept for the proposed
            Planned Unit Development District including, but not limited to the following: an
            explanation of how the proposed PUD conforms to the Town Plan, the range and mix of
            land uses, development density, building types, impact upon existing and provision for
            public facilities, points of access, parking, open space/recreation areas, and project
            financing and phasing.

     2.     Plan - A schematic plan of the entire site, drawn to a scale, that reasonably and
            graphically depicts the land use, development patterns, density and improvements
            addressed in the applicant's narrative statement.

     3.     SEQR - Appropriate environmental assessment forms, as determined by the town, in
            accordance with the N.Y. State Environmental Quality Review Act (SEQR); a Draft
            Environmental Impact Statement may be required.

     4.     Survey - Survey(s) of the property or properties proposed for inclusion in the PUD
            District.

E.   Phased Development

     1.     PUD Sub-Areas

            The Town Board may identify portions of a PUD District as discrete geographic sub-areas
            of the project. Such designated sub-areas may have land uses or standards different from
            the balance of the PUD District provided that such designated sub-areas are fully
            integrated in the overall development for the entire PUD District.




                                               -40-
                      Town of Verona Zoning Ordinance Revisions Project
                               ZONING ORDINANCE – 2004

      2.     Project Staging

             The Town Board may establish the sequence in which development of a PUD District
             shall proceed by specifying the order in which sub-areas, sections or phases of a PUD are
             to be developed. If not specified by the Town Board, the Planning Board may establish a
             sequence of project staging during project plan review.

      3.     Review of Project Phases

             If a proposed PUD District is to be undertaken in a staged development, the Town Board
             may stagger the schedule of the Planning Board's Project Plan Approval (§14-3), below to
             correspond with the approved project staging.

§14.3 Project Plan approval by the Planning Board

A.    Finalization of the PUD

      1.     The PUD District regulations are effective to a specific site and the zoning map is
             amended, upon adoption of an approval resolution by the Town Board. However, no
             permits or other approvals may be issued until a project plan has been approved by the
             Planning Board.

      2.     Failure to obtain Project Plan Approval within the required time limits shall cause the
             original authorization of the Town Board to lapse and the Planning Board shall refer the
             property or properties to the Town Board for a zone change back to the original zone
             district.

      3.     The Project Plan is a detailed narrative and graphic documentation for the development of
             the entire land area or of designated sub-areas within the PUD District and unless other-
             wise specified shall be acted upon by the Planning Board within 180 days of the approval
             date of the PUD District by the Town Board.

      4.     The Planning Board shall evaluate and approve the Project Plan in accordance with the
             resolution of the Town Board authorizing establishment of the PUD District, applicable
             Site Plan Review standards, the Town Subdivision Regulations, and all applicable codes
             and standards of Oneida County and New York State.

      5.     Unless specified by the Town Board, the Planning Board shall review and approve a
             schedule and order of development within the PUD.

B.    Planning Board Responsibilities

      1.     The Planning Board may not specifically prohibit nor permit uses or structures not
             similarly authorized by the Town Board.

      2.     The Planning Board shall ensure compliance of the project plan with the minimum area
             and geometric controls specified in this section unless modified by the Town Board, and
             with the Town Board Resolution establishing the PUD District.

                                                -41-
                    Town of Verona Zoning Ordinance Revisions Project
                             ZONING ORDINANCE – 2004


     3.    The Planning Board may simultaneously review and approve any proposed subdivision
           within the PUD.

C.   Submission Documents for Project Plan Approval

     1.    Project Plan Submissions - Project Plans must include maps, drawings and other
           materials that show:

           a) Site plans for all construction for which building permits are being sought and all
              adjoining or adjacent structures.

           b) Landscaping plans showing all open space, plazas, malls, courts, and pedestrian ways
              within or immediately surrounding the proposed construction.

           c) Grading plans showing existing and proposed topographic contours within and
              surrounding the proposed construction.

           d) Improvement plans showing existing and proposed drainage, water and sewer
              facilities, easements if any within or affected by the proposed development.

           e) Vehicular and pedestrian circulation plans shows proposed streets, points of access,
              sidewalks and off-street parking and loading to serve any proposed building or
              facilities.

           f) General floor plans and building elevations of proposed structures.

           g) Other items as determined by the Planning Board such as lighting, snow storage and
              signage.

           h) Construction schedule, sequence of development and project financing.

     2.    Supporting and Explanatory Material - The Planning Board may require the
           submission of additional material to explain and justify the Project Plan, which could
           include but is not limited to the following:

           (a)    Information necessary to assure compatibility of the proposed project with
                  adjoining existing uses and to town planning objectives.

           (b)    An explanation of the manner in which all requirements of the overall Project
                  Plan and of other applicable regulations are to be met and in which adequate
                  access for emergency vehicles and fire protection is to be maintained.




D.   SEQR compliance for Project plan review




                                              -42-
                       Town of Verona Zoning Ordinance Revisions Project
                                ZONING ORDINANCE – 2004

      The Project Plan Approval is a Planning Board action that completes the formation of a PUD
      district. However, since the Project Plan includes substantially more detail and information the
      Planning Board action is distinct and separate from the Town Boards initial establishment of the
      PUD District. Therefore, Project Plan review shall be conducted in accordance with the
      applicable procedures and requirements of N.Y.S. Town Law. Additional and/or separate
      environmental analysis of each project phase may be necessary to supplement the initial SEQR
      determination and findings made by the Town Board for the establishment of the district.

§14.4 PUD Performance Standards

A.    Unless the Town Board establishes other controls or standards at the inception of the District, the
      following shall apply uniformly to the entire PUD District or to designated portions.

B.    Land Uses Permitted

      1.     Generally - The Town Board shall specify the uses permitted within the Planned Unit
             Development District when such district is initially established and may identify specific
             uses for lots or sub-areas within the PUD District. Where residential uses are permitted,
             the Town Board may establish the unit densities. If the Board chooses not to establish
             densities, then the provisions of (§14.4.D) shall apply.

      2.     Pre-assigned Land Uses - The PUD shall also be used to address uses, which due to
             their size or character, have potentially significant impacts and require maximum review
             of location, scale and design. The following uses shall be permitted only in the PUD
             District upon approval of the Town Board: The following additional uses are permitted
             only in the PUD and subject to site plan review after a PUD is established.

             Commercial             excavation/mining use
                                    meat processor
             Industrial             airstrip, public
                                    junkyard
             Residential            mobile home park
                                    mobile home, single-wide.

C.    Minimum Area

      1.     Minimum area - No PUD District shall have a gross land area of less than twenty-five
             (25) acres, exclusive of existing public rights-of-way. A PUD intended to include
             commercial or industrial uses shall have a minimum gross area of fifty (50) acres.

      2.     Adding area - Once established, a PUD District may be enlarged to include other
             contiguous areas regardless of their size. Such areas, if separated by a public right-of-
             way, may be considered contiguous if in the opinion of the Town Board, the continuity of
             the original PUD District is maintained or enhanced.




                                                 -43-
                      Town of Verona Zoning Ordinance Revisions Project
                               ZONING ORDINANCE – 2004

D.   Dimensional Controls

     The following controls shall apply unless specifically modified by the Town Board during the
     initial establishment of the PUD:

     1.     Distance between Buildings on One Lot:

            a) Residential: front, rear and side yards for residential uses shall be designed so that a
               building is no closer than 20 feet to any other residential building and 50 feet to any
               nonresidential building.

            b) Non-Residential: front, rear and side yards for non-residential uses shall be designed
               so that a building is no closer than 30 feet to any other non-residential building and 50
               feet to any residential building.

            c) For purposes of interpretation, a structure which contains both residential and non-
               residential uses shall comply with the requirements of Section §14.4-D.1.b, above.

            d) Accessory Structures: Shall be no closer than 10 feet to the principal structure with
               which they are associated and no closer than 20 feet to any other principal structure,
               and 5 feet to any other accessory structure.

     2.     Distance from Lot Lines:

            The minimum distance between any point on a principal building and the lot line shall not
            be less 10 feet.

     3.     Density of development:

            Unless the Town Board has established a minimum density pursuant to §14.4.B(1), above
            then all residential development shall provide a average density of (5,000)
            square feet per dwelling unit. Commercial and industrial uses shall maintain an average
            minimum density of (20,000) square feet per each building.

     4.     Lot Coverage:

            Maximum lot coverage for all development within a PUD district shall not exceed 35%
            of the gross land area.

     5.     Height:

            The maximum height of all principal structures shall not exceed 35 feet for residential
            buildings and 40 feet for commercial or industrial buildings and accessory structures shall
            not exceed 15 feet.
     6.     Parking/Loading:



                                                -44-
                       Town of Verona Zoning Ordinance Revisions Project
                                ZONING ORDINANCE – 2004

             The parking and loading provisions of this Zoning Ordinance shall apply to PUD Districts
             unless modified by the Town Board. Shared parking and storage may be included in the
             calculation of overall parking compliance.

      7.     Supplementary regulations and site plan standards:

             Unless modified by the Town Board when establishing the PUD, the supplementary
             regulations and site plan standards of this zoning ordinance shall apply to all development
             within the PUD.

§14.5 Modifications/Amendments

A.    Unless otherwise required by the Town Board or Planning Board, all land use activities situated
      within and in existence on the effective date of the PUD classification or developed in
      accordance with an approved project plan may be altered or modified. Such modifications shall
      be subject to the issuance of a project plan amendment by the Planning Board in the event of the
      following:

      1.     Change in type or location of approved land uses.

      2.     Increase in floor area in excess of 10% of a principal or accessory structure.

      3.     Demolition of a principal structure, except where mandated by an appropriate official in
             the interest of public safety.

      4.     Establishment or realignment of new streets or other public/ common areas.

      5.     Any change, except routine replacement and maintenance, to landscaping, open space,
             parking, public facilities or other improvements addressed in the project plan.

B.    District Amendments:

      Any modification not addressed by §14.5.A above, or exceeding the limits established at the
      inception of the district, shall be reviewed and approved by the Town Board.

C.    Non-conformities:

      It is the intent of the PUD District that no non-conforming elements will exist within the district.
      The flexibility of the land use and geometric controls and review procedures should prevent the
      creation of any non-conforming element. In the event that a non-conformity does exist, any
      subsequent changes shall conform to the PUD District controls and shall be subject to an
      issuance of a project plan amendment by the Planning Board.




                                                  -45-
                         Town of Verona Zoning Ordinance Revisions Project
                                  ZONING ORDINANCE – 2004


Section III-15 Hov     Highway Overlay Zone District

A.     Application:

The highway overlay zone district applies to lots adjacent to or abutting designated highways. This
overlay district imposes dimensional controls in addition to the conventional underlying zone district
requirements. In the event that there is a difference or conflict with other sections of this code then the
more restrictive or largest minimum requirements shall apply.

B.     Designated Highways:

Designated Highway: A major road identified within this local law, used primarily for the through
movement of vehicles, and subject to overlay zone district restrictions. There are two (2) classes of
designated highway: arterial (typ. 100' or greater ROW) and collector (typ. 80' ROW).

The following roads are hereby determined to be major roads within the Town of Verona and hereafter
referred to as designated highways. The precise linear extent of the overlay zone for each road shall
be as shown on the Town of Verona Zoning Map.
               Arterial                                  Collector
               NYS Route 365                             Blackman’s Corners Road
               NYS Route 31                              Sconondoa Road
               NYS Route 46/49

C.     Schedule of Requirements:

       1. Definitions:
              Lots w/access: Lots that are existing or proposed which, due to the lot configuration or a
              lack of alternative road frontage, require direct vehicular driveway access to the
              designated highway.

               Lots w/o access: Lots that are existing or proposed which have or can have direct
               vehicular driveway access to a non-designated highway or local street, and have no
               planned or permitted vehicular access directly onto a designated highway.

       2. Area and Frontage Schedule:

       Lot Area and Frontage           Lots w/access                  Lots w/o access
       Lot area, minimum
              arterial                 2 x min. area                 conventional zone district
              collector                1.5 x min. area         conventional zone district

       lot frontage, minimum
               arterial                2 x min. frontage              conventional zone district
               collector               1.5 x min. frontage            conventional zone district


                                                    -46-
                         Town of Verona Zoning Ordinance Revisions Project
                                  ZONING ORDINANCE – 2004



D.          Designated Highway Setback:

       1. Definitions

               Designated Highway Setback: The required distance, measured perpendicularly from the
               existing right-of-way centerline into the lot and within which no structure or parking shall
               be placed unless provided for in this code.

       2. Setback Schedule

                                              Lots w/access          Lots w/o access
Principal Structure
Arterial                                      140 feet               140 feet
Collector                                     110 feet               110 feet

Accessory structure

Arterial                                      140 feet               90 feet
Collector                                     110 feet               75 feet

E.     Corner Lot Requirements:

Lots situated at the intersection of a designated highway and a non-designated highway shall have a
minimum depth of 250 feet as measured from the designated highway right-of-way edge.

Driveway access for a corner lot to either a designated highway or a non-designated highway shall be no
closer than 100 feet to the intersection of the highway right-of-way lines.

Within the triangular area formed by the intersection of two right-of-way lines and a third line joining
them at points 50 feet away from their intersection, there shall be no planting or structures which
obstruct motorists vision or diminish highway sight distance.

F.     Subdivision Review:

The subdivision of any lot or portion of a lot that abuts a designated highway shall be determined to be a
major subdivision action regardless of the number of proposed lots.




                                                   -47-
                         Town of Verona Zoning Ordinance Revisions Project
                                  ZONING ORDINANCE – 2004


G.     Exceptions for Existing Lots:

Farms and agricultural uses are exempt from Designated Highway lot area and frontage requirements but
must conform to Designated Highway Setback requirements.

Lots legally existing as of the date of the adoption of this ordinance which do not comply to the
regulations in this section may continue to be used and developed subject to the following:

An existing lot which has less than the minimum lot area, frontage and/or lot depth may be developed in
accordance with the applicable zone district regulations provided it complies with the required
Designated Highway setbacks and the applicable driveway permit standards.

Additions, renovations and similar improvements may be made upon existing principal or accessory
structures in accordance with the applicable conventional zone district regulations even if that existing
structure fails to comply with Designated Highway Setback requirements. However, those
improvements shall not increase the degree of noncompliance with the Designated Highway setback.

These exceptions shall not apply to two or more undeveloped contiguous lots that are jointly owned by a
common entity.




                                                   -48-
                       Town of Verona Zoning Ordinance Revisions Project
                                ZONING ORDINANCE – 2004

Article IV - SUPPLEMENTAL REGULATIONS

         General Provisions

Section IV-1. Land uses

1.    Animals

              The raising or harboring of animals within a community can pose a variety of risks to
      residents which range from nuisances of noise and odor to serious health hazards of personal
      injury and infections. The potential occurrence of these risks can be minimized by restricting the
      number of types of animals that individuals maintain for their personal enjoyment.

      Residential (R), Planned Unit Development (PUD), Hamlet (HCR) and Commercial
      Neighborhood Service (CNS) Zone Districts: No property or dwelling shall contain more than
      four (4) adult (over six (6) months in age) dogs. There is no restriction upon the number of other
      domestic animals such as cats or pets maintained within a dwelling and within appropriate
      containers such as aquariums or cages; these animals include, by illustration, tropical fish, exotic
      birds, gerbils and hamsters. No farm animals, domesticated species of farm animals (miniature
      horses, pigs, etc), wild animals, or any exotic animal that is poisonous and similarly harmful to
      humans shall be harbored or maintained as pets in these districts.

      Rural Development and Rural Residential Zone Districts: There is no limit on the type or
      number of farm, exotic or domestic animals maintained as pets by a residents within their
      respective residential properties with the following exception. A Special Permit is required to
      construct on NON-Agricultural lots facilities to harbor animals, such as private stables or
      accessory kennels. Such facilities shall be of a size, location and design that is determined by the
      ZBA to be appropriate to the character of the site and adjoining properties. No facility shall be
      constructed on NON-Agricultural lots that are less than three (3) acres in area. The ZBA shall
      specify the following conditions for the continued maintenance of animals on the lot including:

             1) The maximum number of animals based upon the type of animal species; waste
                disposal methods; and noise, odor and visual impacts.

             2) Setbacks from adjoining properties including location of any fencing.

             3) Any other conditions it deems appropriate to ensure the character of the area and
                surrounding properties.

      All other districts: A Special Permit from the ZBA shall be required for animals normally and
      reasonably kept as pets that are to be maintained in non-conforming residential and/or farmland
      uses within any other district. Pets shall be intended to mean domestic animals normally and
      reasonably kept as pets. It shall not to mean or include any farm animal, either native or imported
      to the area in which it is kept or raised for meat or milk production.




                                                  -49-
                                  Town of Verona Zoning Ordinance Revisions Project
                                           ZONING ORDINANCE – 2004

2.       Utility Substation

          Public utility substations and similar utility structures shall comply with the following:

          a.         Any building shall be setback in conformance with the applicable district regulations.

          b.         A facility without a building shall be surrounded by a fence, six (6) in height, and the
                     fence shall be set back in conformance with the applicable district regulations for
                     residential required yards.

          c.         A landscaped area at least fifteen (15) feet in width of grass and evergreen plantings shall
                     be maintained and surround the fence and/or building.

3.        Mobile Homes, Temporary

          Mobile homes may be permitted as a temporary principal or accessory structure in any district
          upon Special Permit approval by the ZBA. The use and occupancy of the temporary mobile
          home shall be limited by the ZBA to the duration of need for construction of a permanent
          dwelling or similar structure.

4.        Grading and filling

          No grading, cut or fill of material shall be made in any district which leaves a finished slope in
          excess of one foot vertical to two feet horizontal except after site plan review by the Planning
          Board and provision of adequate retaining walls, fencing and drainage systems.

5.        Maximum Number of Principal Uses/Lot

          There shall be not more than one principal use of a lot unless explicitly permitted in the
          applicable zone district or upon approval of a Site Plan Review by the Planning Board. The
          Planning Board may allow up to a maximum of (3) three principal uses on one lot.
Note: a principal use differs from principal structure; some uses may normally have multiple principal structures - i.e. farm, warehouse, shopping
center, etc.


6.        Outdoor Storage and Maintenance

          A. All Districts

                  1. Waste Materials: Except for farms, farmettes, one and two family dwellings the
          temporary storage of garbage containing waste materials, rubbish and all types of refuse
          containers shall be separated from all adjoining lots or rights-of-way by a screening device not
          less than four (4) ft. in height, or otherwise contained within an enclosed structure, except during
          such times as are designated for the removal of contents. No unpleasant or noxious odors are
          permitted beyond lot lines as determined by the Codes Enforcement Officer. No outdoor storage
          of waste shall be located within any required yard.



                                                                       -50-
                 Town of Verona Zoning Ordinance Revisions Project
                          ZONING ORDINANCE – 2004

        2. Landscape Maintenance: Any lawns, landscaping, buffer strips or similarly planted
areas shall be appropriately maintained throughout the year. Such areas shall be kept clear of
debris and waste and plant materials shall be trimmed or cut according to any plans approved by
the Town or in manner appropriate to the plant species.

        All grassed areas shall be maintained below a maximum height of eight (8) inches with
the following EXCEPTION: there is no maximum grass height requirement for farms, farmettes
and one family dwelling in the Rural Development or Rural Residential Zones.

         All violations of this section shall be addressed under Article VI section A. A conviction
under this section shall be deemed a violation and punishable by a fine not to exceed $100.00 per
week for each week the violation continues to occur. Should the violation occur for (four)
consecutive weeks the Town shall be hereby empowered to cause the grass in violation to be
mowed and all fines and costs of said mowing, at a rate of $100.00 per hour, shall be charged to
the property owner and in the event of non-payment all said costs and fines levied upon the tax
bill on the property in violation.

B. Residential Districts (RR, R, Hamlet)

       1. Disabled Vehicles, Equipment or Material

              No property shall provide for the storage or parking of any disabled vehicles,
       equipment, appliances, building components or parts thereof unless such material is
       enclosed and fully contained within a principal or accessory structure with the following
       exception: not more than one (1) disabled motor vehicle may be stored outdoors
       provided it is not located between the front building line and the street line. For purposes
       of enforcement disabled shall mean such vehicle and or materiel (s) are un-licensed,
       unregistered or are mechanically incapable of operating for its intended use.

               Building components such as windows, doors and lumber may be temporarily
       stored outdoors during work activity covered by a building permit.

               Disabled material may be temporarily stored outdoors for no more than 24 hours,
       if necessary for repairs or for trash collection.

       2. Recreational Vehicles

               Campers, motor homes, recreational vehicles, snowmobiles, boats and similar
       recreation oriented vehicles may not be parked or stored out of doors in the front yard in a
       residential use district except in the established driveway, and must be at least two (2)
       feet from any side lot line and five (5) feet from any rear lot line.




                                           -51-
                      Town of Verona Zoning Ordinance Revisions Project
                               ZONING ORDINANCE – 2004

            3.      Commercial Vehicles

            a) Vehicles related to home occupation - See home occupation section V.3.F

            b) Vehicles NOT-related to the residential use or a home occupation - Up to (2) two
            commercial vehicles may be parked on residential property when those vehicles are a
            primary means of transportation for the employment of the occupants and when they are
            parked within in the property in locations that are consistent with the parking
            requirements of this ordinance and the applicable district’s lot and dimensional standards.

            For purposes of this section a commercial vehicle is defined as any vehicle registered
            with commercial license plates, with permanent business labeling or advertisement
            visible (in excess of 6 inches square) anywhere on the vehicle body and exceeding any
            combination of two or more of the following vehicle dimensions:

            width: 8 ft.            gross vehicle weight: 2 tons           height:                 10 ft.
            length: 20 ft.          number of axles:      3                number of wheels:       6

     C. Other zone districts (RD, CNS, PC, HCI)

            See parking section for any applicable requirements.

7.   Temporary Care Residence

            A temporary care residence may be established in any district allowing residential uses
     upon Special Permit approval by the Zoning Board of Appeals. The temporary care residence
     may be a mobile or of modular construction that can removed from the site. The temporary
     residence shall be removed within six months of when living assistance has been discontinued.
     The ZBA may require annual or periodic inspection or certification that living assistance is still
     necessary. The ZBA shall limit occupancy of the temporary residence to specific individuals
     who are either providing or receiving living assistance.

8.   Accessory Elements

     A.     Generally

             Accessory elements are activities, uses, buildings, structures which are supportive or
     necessary to the functioning of a principal land use or building. Common accessory elements
     include, but are not limited to: on-site parking, signs, lighting, waste disposal or storage sheds.
     Some accessory elements are subject to separate and additional controls distinct from those
     regulating principal uses or structures.




                                                  -52-
                 Town of Verona Zoning Ordinance Revisions Project
                          ZONING ORDINANCE – 2004

B.     Dimensional and Locational Controls

Unless otherwise specified within this Ordinance, all accessory elements shall be:

       1.      Located on the same lot as the principal use which it supports.
       2.      Located in the rear yard of the lot.
       3.      Set back a minimum of five (5) feet from any side or rear property line.
       4.      Not to exceed fifteen (15) feet in height.
       5.      Included in the calculation of lot coverage.
       6.      Subject to the same form of local review as the principal use.

C.     Controls for Specific Accessory Elements

The following accessory elements are specifically controlled within the Ordinance. See the
applicable sections.

       Parking
       Signs
       Swimming Pools
       Fences

D.     Use Controls

       All accessory elements shall be subordinate and secondary in scale, intensity of use and
impact to the principal land use. No accessory element shall substantially alter the primary
character of the principal land use thereby changing it to another form of land use.




                                           -53-
                       Town of Verona Zoning Ordinance Revisions Project
                                ZONING ORDINANCE – 2004

Section IV-2 General Lot and Structure


1.    Height

              The height limitations of this ordinance shall not apply to church spires, belfries, cupolas,
      and penthouses not used for human occupancy; nor to chimneys, ventilators, skylights, stairwells
      and necessary mechanical appurtenances usually carried above roof level. Such features shall,
      however, be erected only to such height as is necessary to accomplish the purpose they are to
      serve. The horizontal area covered by such elements shall not exceed 20% of the ground floor
      area of the building.

2.    Ornamental Features

              The provisions of this ordinance shall not apply to the erection of ornamental parapet
      walls or cornices above the building height limit that extend no more than five feet above such
      height limit.

3.    Yards

      a.      Limited exemption - Upon Site Plan Review and approval, the Planning Board may In
      any district the reduce the required front yard for a structure to the average setback of existing
      structures and uses within two hundred (200) feet on either side of the proposed structure. The
      Planning Board shall find that there is consistent existing pattern of development in the
      immediate vicinity of the proposed structure. In no case shall such yard be reduced to less than
      twenty (20) feet.

      b.       Required yards shall be open and unobstructed except as noted below:

               1.    Any enclosed porch or unenclosed porch having a solid foundation and capable of
                     being closed, shall be calculated as part of the building in determination of the
                     required yards or lot coverage.

               2.    Decks more than one foot above grade shall be calculated as part of the building
                     in determination of the required yards or lot coverage.

               3.    Eaves with an overhang of not more than two (2) feet; rainwater leaders, window
                     sills and other such fixtures; open steps; and bay windows not more than twelve
                     (12) feet wide, at one floor level only, and for a projection not to exceed two (2)
                     feet, may extend into any required yard.

               4.    Fences and uncovered patios at ground level may be erected or constructed any
                     place on a lot without regard to yard requirements, provided that fences comply
                     with applicable requirements of all other sections of this ordinance.




                                                  -54-
                       Town of Verona Zoning Ordinance Revisions Project
                                ZONING ORDINANCE – 2004


      c.       Corner Lots

             The front yard setback requirements shall apply to the narrower frontage. The longer
      frontage shall comply to the required side yard or to average front yard setback for existing
      properties within 200 feet of a proposed structure which ever is greater.

             Garages shall be setback a minimum of 25 feet from any front property line regardless of
      allowable minimum setbacks.

              Visibility shall be maintained for vehicles on adjacent streets. No fence, wall, or other
      structures, nor hedge or planting more than three (3) feet in height shall be placed or maintained
      within the triangular area formed by the intersecting street right-of-way lines and a straight line
      joining the ROW lines at points 20 feet from the point of the ROW intersection.




Section IV-3   Parking and loading


                                                  -55-
                      Town of Verona Zoning Ordinance Revisions Project
                               ZONING ORDINANCE – 2004

1.   Application:

     A.     For every building hereafter erected, altered and extended or changed in use there shall be
            provided off-street parking and loading spaces at least as set forth in this section.

     B.     No use or structure fully in conformance with these requirements on the date of
            enactment of this ordinance may reduce the amount of parking below levels required.

     C.     Existing uses or structures not conforming to the parking schedule may continue,
            provided however, that any modification causing an increase in use of floor area (with or
            without structural modification) shall require the provision of parking and loading for
            only that net additional floor area.

     D.      For purposes of interpretation, the determination of a change in use shall be based upon
            the uses enumerated in Section IV-3.2 of this section. If such a change in use results in a
           greater required number of parking and loading spaces than what is present for an
          existing structure then only the net increase in parking and loading shall be required.
          However, any off-site parking spaces associated with an existing use may not be
             automatically transferred to a new use unless approved pursuant to the requirements of
             this article. An unspecified use shall have the same parking ratio as the most closely
             similar use which is included in the schedule or if necessary as determined by the Zoning
             Board of Appeals.

2.   Parking Schedule:

     The ratios listed below for each use are based upon the square footage of a structure's floor area
     as defined herein. In calculating the required number of spaces all fractional results shall be
     rounded to the next higher whole number. Site plan approval for parking is required for all uses
     except one and two-family dwellings.

                    USE                                           SPACES REQUIRED

            1.      Dwelling                              One (1) space for each dwelling unit
            2.      Rooming house, tourist home,          One (1) space for each guest room
                    motel and hotel

            3.      Administrative, professional,         One (1) space for each 600 sq. ft. of
                    governmental or utility               floor area

            4.      Funeral home                          10 spaces, plus space for all employee and
                                                          resident personnel cars

            5.      Church or temple                       One (1) for each five (5) seating spaces in
                                                          main assembly room
            6.      School                                 Two (2) spaces for each elementary
                                                          classroom. Five (5) spaces for each

                                                -56-
                    Town of Verona Zoning Ordinance Revisions Project
                             ZONING ORDINANCE – 2004

                                                        secondary classroom

           7.     Theatre or other place of             One (1) for each five (5) seating
                  assembly                              spaces

           8.     Nursing or convalescent home          One (1) space for each four (4) beds

           9.     Retail store or bank                  One (1) space for each 400 sq. ft. of floor
                                                        area

           10.    Clubs and restaurants                 One (1) for each 50 sq. ft. of floor area

           11.    Bowling alley                         Five (5) spaces for each alley

           12.    Wholesale, storage, freight           One (1) space for each 1,000 sq. ft. of floor
                  terminal or utility use               area

           13.    Industrial or manufacturing use      One (1) space for each 2 employees on the
                                                       maximum working shift

           14.    Home occupation                       One (1) space for each 100 sq. ft. of floor
                                                        area devoted to such use

3.   Location of Parking:

     A.    On-Site Parking

           The total number of required parking spaces shall be located on the same lot as the use for
           which they are intended to serve. Alternatives to on-site parking are provided for in
           Section IV-3.3.B of this section. All on-site parking shall be designed and maintained in
           accordance with Section IV-3.4.

     B.    Off-Site Parking

           Subject to Special Permit/Site Plan Approval (Article V.3/V.2).

           In its review the reviewing Board may allow parking requirements to be met in
           accordance with the provisions of Section IV-3.B.1 & B.2

           1.     Off-Street

                  For multiple-family dwellings and for all non-residential uses up to 100% of the
                  required parking may be located off the lot occupied by the use or structure
                  provided that the proposed off-site parking area is:




                                                -57-
                Town of Verona Zoning Ordinance Revisions Project
                         ZONING ORDINANCE – 2004

           a.       within the same or a less restrictive zone district as the site of the use or
                    structure it is to serve, and the use of site as a parking area is compatible
                    with and not detrimental to the surrounding properties;
           b.       within three hundred (300) feet of the property lines of the principal site;
           c.       dedicated in fee ownership by the occupant/owner of the principal site or
                    controlled by deed covenant;
           d.       designed and maintained in compliance with the parking design standards
                    as specified in this article and any applicable geometric controls of the
                    zone district;
           e.       provides a safe and convenient means of pedestrian access to and from the
                    principal use site and the reviewing Board shall consider, but not be
                    limited to, the evaluation of sidewalk adequacy, street crossings, and
                    driveways in the likely pedestrian path between the principal use site and
                    the off-site parking location;
           f.       and the principal use site complies with Section IV-3.D of this section.

     2.    On-Street

           For non-residential uses in the Hamlet Zone District up to 50% of the required
           parking may be located in on-street parking spaces provided that such spaces are:

           a.       within two hundred (200) feet of the front property line(s) or within the
                    same block of the site whichever is less. For purposes of interpretation in
                    determining the extent of the (200) ft., a walking distance (likely
                    pedestrian path) measurement and not direct line should be utilized. The
                    "same block" determination may extend down or along intersecting side
                    streets. Within this established area parking may be located on both sides
                    of a street unless prohibited for access considerations by the reviewing
                    Board, who then may extend the distance up to an additional one hundred
                    (100) feet in directions that do not require pedestrian street crossings;
           b.       demonstrated to be part of a sufficient supply of available on-street
                    parking spaces within the area established in Section IV-3.B.2.a., above
                    and the number of parking spaces needed to meet the required parking will
                    not cause the undue displacement of vehicles associated with other uses;
           c.       located with respect to the principal use so that a safe and convenient
                    means of pedestrian access is available including, but not limited to the
                    provision of sidewalks and street crossings;
           d.       located with respect to the travel lanes of the road such that any increase in
                    activity of on-street parking spaces associated with the use will not
                    interfere with the safe and efficient flow of traffic;
           e.       not to be used for loading spaces (unless allowed by Section IV-3.5.D), for
                    commercial vehicle storage, or to supplement employee/other long term
                    parking needs associated with a use;
           f.       officially established and maintained by the Town of Verona.

C.   Shared Parking


                                         -58-
                 Town of Verona Zoning Ordinance Revisions Project
                          ZONING ORDINANCE – 2004


     In its review, the reviewing Board may allow up to 100% of required parking spaces for a
     nonresidential use in any district to be shared with another nonresidential use and
     contained within the same parking area subject to the following:

     1.     On-site (two or more uses on the same lot)

            a.       The total number of required parking spaces for at least one of the uses is
                     fully provided on-site.

            b.       A description of the nature of the uses proposed to share the parking is
                     provided and documents that the actual or anticipated pattern of parking
                     usage associated with each use do not substantially conflict. Overlapping
                     hours of usage is permissible provided that the peak demand hours for
                     each use do not coincide.

     2.     Off-site

            a.       Subject to the provisions of Section IV-3.B.1 of this section.

            b.       If the proposed parking is the on-site parking for another use then the
                     parking area shall have the total number of parking spaces required for the
                     use occupying that site.

            c.       If the proposed parking is a parking lot, as defined in this ordinance, and it
                     is already shared by one or more other uses, then it must be demonstrated
                     that there is an adequate supply of parking spaces and the patterns of usage
                     of all uses do not substantially conflict with each other.

D.   Findings Necessary for Off-site or Shared Parking

     In addition to the criteria listed above the following must also be shown: that the
     provision of the full amount of required parking on-site is not practical, interfering with
     the optimal development of the site (such as causing elimination or reduction of buffers),
     results in poor internal circulation, or creates excessive drainage to adjoining properties.

E.   Transfer of Off-site Parking Rights (Change in Use)

     Shall be submitted to board of original jurisdiction either the (Planning Board or Zoning
     Board of Appeals) for modification of site plan or special permit approval.




F.   Loss or Discontinuance of Off-Site Parking


                                          -59-
                    Town of Verona Zoning Ordinance Revisions Project
                             ZONING ORDINANCE – 2004

           May constitute violation of original approval issued by reviewing board, and should be
           reconsidered by that Board to determine if the lost parking must be replaced at another
           location or is no longer needed.

4.   Parking Area Design Standards

     A.    One- and Two-Family Dwellings

           1.     One- and two-family dwellings are exempt from all paving, screening and
                  buffering requirements applicable to parking areas.

           2.     Within the yard area between the front of the residence and the public right-of-
                  way, all vehicles must park in the established driveway. No vehicle may be
                  parked on the landscaped portion of the yard.

           3.     The established driveway may extend from the front edge of the property through
                  the front yard to the side or rear of the residence. The maximum width of the
                  driveway at the street line and within the front yard shall be twenty-four (24) feet.
                   In no case may more than (25) percent of any front yard area be paved or used for
                  driveways and off-street parking.

           4.     No more than 20% of a lot may be paved with impervious material for the parking
                  of vehicles.

           5.     Other than for customary delivery of goods and services to the premises, no
                  residential property in any residential use district shall provide parking, storage or
                  a base of operations for commercial vehicles and support equipment in the
                  required front yard. (See also Outdoor Storage-Residential Districts.)

     B.    Multiple-Family Dwellings and Non-Residential Uses

           1.     Exemption

                  Parking facilities existing on the date of enactment of this ordinance shall be
                  exempt from compliance with these design standards unless a change of use has
                  subsequently occurred or the Enforcement Officer has determined an unsafe
                  condition exists and requires modifications to the parking.

           2.     Access and Layout

                  The curb-cut, driveway and parking area shall be designed so that all vehicle
                  movements to and from the public right-of-way are in a forward direction. The
                  layout of the parking area shall permit entering and exiting without moving
                  vehicle(s) parked in other spaces.

           3.     Entrances and Exits


                                               -60-
          Town of Verona Zoning Ordinance Revisions Project
                   ZONING ORDINANCE – 2004

     The location, number and width of each curb-cut providing access to and from a
     public road shall be specified by the reviewing Board when lacking permit
     authority by a higher jurisdiction. Curb-cuts shall not be located within twenty
     (20) feet of the nearest curb-cut within the site itself or on any adjoining property;
     for properties less than sixty (60) feet in width the distance does not apply.

4.   Driveways

     Each driveway leading from the curb-cut to the parking area shall have a suitable
     stacking area for the use; and the paved area, exclusive of parking spaces shall be
     a minimum of ten (10) feet in width for one way traffic and twenty (20) feet in
     width for two way traffic up to a maximum of twenty four (24) feet unless
     required to be larger or smaller by another jurisdiction.

5.   Location of Parking

     Parking spaces may not be located in a required front yard or in required buffer
     areas.

6.   Landscaping and Snow Storage

     a.       Buffers: A landscaped buffer shall be installed and maintained on all
              sides where a parking area abuts adjoining properties or public right-of-
              way except as provided in Section IV-3.6.e below. It shall have a
              minimum width of five (5) feet measured inward from the property line
              (unless required to be larger by transition or special permit requirements).
              Decorative materials, including but not limited to plants, shrubs, trees,
              stone, brick, etc. may be placed in the buffer to delineate the buffer from
              the parking pavement and to enhance the appearance of the site.

     b.       Front yard visibility: No front yard buffer including associated
              decorative materials may exceed (22) feet in height above grade. Trees are
              allowed provided they are trimmed to provide a seven (7) foot clearance to
              lowest branches and the trees are no closer than ten (10) feet to edge of a
              driveway and ten (10) feet from the front property line.

     c.       Screening (fencing): On each side that a parking area abuts or faces upon
              a residential use or residentially zoned property, the view of that parking
              area from the residential property or properties shall be effectively
              screened with an opaque fence or a dense planting of evergreens. Such
              screening shall be maintained, within the property boundary at a height of
              six (6) feet in the rear and side yard areas.

     d.       Snow storage: Each parking lot or area shall provide for a system of
              snow removal and have sufficient on-site snow storage. Buffer areas may
              be used to store snow, however, snow may not be deposited in the front

                                   -61-
                        Town of Verona Zoning Ordinance Revisions Project
                                 ZONING ORDINANCE – 2004

                            yard or in public right-of-way to a point that impairs visibility. The
                            reviewing Board may require the provision of additional snow storage
                            areas.

                   e.       Adjacent parking areas: Upon petition of adjoining nonresidential
                            property owners, the reviewing Board may reduce or eliminate a required
                            side or rear yard buffer to inter connect adjacent parking lots, provided
                            however that such approval would not be detrimental to the internal
                            circulation of either parking lot and that adequate provisions for snow
                            storage are provided for all affected properties.

            7.     Surfacing

                   All off-street parking areas and driveways shall be surfaced with an all-weather
                   dustless material and striped to delineate parking spaces. Wheel stops shall be
                   provided where necessary to protect buffers, lighting standards, signs and other
                   installations.

            8.     Lighting

                   Illumination shall be installed subject to the requirements of and determined by
                   the applicable reviewing board. Hours of illumination shall be specified by the
                   reviewing Board as well.

            9.     Reserve Parking

                   Up to 25% of the required parking may be established as reserved for future use
                   upon issuance of a special permit by the reviewing board.

5.   Loading Facilities

     A.     Loading Schedule

            In accordance with Section VI-3.1.c, all commercial buildings shall provide on-site space
            for loading and unloading trucks and other delivery vehicles as set forth below. In
            calculating the required number of spaces all fractional results shall be rounded to the
            next higher whole number.

            Loading schedule shall be determined by the applicable reviewing board.




     B.     Loading Space Dimensions




                                                -62-
                        Town of Verona Zoning Ordinance Revisions Project
                                 ZONING ORDINANCE – 2004

               Each loading space shall be twelve (12) feet in width by forty (40) feet in length with a
               clear height of fourteen (14) feet unless otherwise specified by the reviewing Board based
               on the type and size of delivery vehicles anticipated.

      C.       Location

               All loading spaces shall be located in the side or rear yard portions of a site and may not
               encroach into any buffer area or require the use of adjoining land for maneuvering.

      D.       On-Street Loading

               The applicable reviewing Board may allow a loading space to be established within the
               public right-of-way provided that it be found that the provision of an on-site loading
               space is not practical and interferes with the optimal development of the site or parking
               area; and further the use of the on-street loading space is limited to hours of low parking
               demand or is located in space identified by the Town of Verona as a designated loading
               zone.

6.    Modification of Parking and Loading Requirements

      The applicable reviewing Board may require additional or fewer off-street parking and loading
      spaces for any use if they find that for a particular use the required minimum spaces are not
      sufficient or are excessive, provided that the safety and general welfare of the public is not
      jeopardized and furthermore, provided that such modification should not exceed 50% of the
      required spaces.




Section IV-4    Adult Entertainment



                                                   -63-
                         Town of Verona Zoning Ordinance Revisions Project
                                  ZONING ORDINANCE – 2004

       1       Purpose
       2       Definitions
       3       License
       4       Application for License
       5       Regulations and restriction of Adult entertainment enterprises
       6       Compliance with zoning required
       7       Procedure for review of application
       8       Revocation of license
       9       Penalties for offenses

(History: Adopted by the Town Board of the Town of Verona 3.-3-1997 by LL #1 of 1997. Amendments noted where
applicable.)

1.     Purpose

       It is recognized that adult entertainment enterprises are the subject of some controversy, and the
       location of enterprises operated within a community are often considered by the residents thereof
       to be detrimental to the character of the neighborhood and to the perception of the area by others
       and are liable to exert a negative influence on the development of the surrounding area.
       Therefore, in order to promote the health, safety and general welfare of the residents of the Town
       of Verona and to project the image of the town, this chapter is intended to regulate the location
       and manner of adult entertainment enterprises with the Town of Verona.

2.     Definitions

       As use in this chapter, the following terms shall have the meanings indicated:

       Adult Entertainment Enterprise

       A.      Adult Arcades - Establishments where, for any form of consideration, one or more
               motion-picture projectors, slide projectors or similar machines, for viewing by five or
               fewer persons, are used to show films, motion pictures, video cassettes, slides or other
               photographic reproductions, which are characterized by emphasis upon the depiction or
               description of specified sexual activities or specified anatomical areas.

       B.      Adult Book Stores - Establishments which have 50% or more of its stock-in-trade and
               offers for sale, for any consideration, any one or more of the following:

               (1) Books, magazines, periodicals or other printed matter or photographs, films, motion
                   pictures, video cassettes, slides or other visual representations, which are
                   characterized by an emphasis upon the depiction or description of specified sexual
                   activities or specified anatomical areas; or

               (2) Instruments, devices or paraphernalia which are designed for use in connection with
                   specified sexual activities.

       C.      Adult Cabarets – Establishments, including any nightclub, bar, restaurant or similar
               establishment, which regularly features live performances characterized by exposure of


                                                    -64-
                     Town of Verona Zoning Ordinance Revisions Project
                              ZONING ORDINANCE – 2004

            specified anatomical areas or by specified sexual activities or films, motion pictures,
            video cassettes, slides or other photographic reproductions characterized by an emphasis
            upon the description of specified sexual activities or specified anatomical areas.

     D.     Adult Motion Picture Theaters – Establishments where, for any form of consideration,
            films, motion pictures, video cassettes, slides or other photographic reproductions are
            shown and in which a substantial portion of the total presentation time is devoted to
            showing of material characterized by an emphasis upon the depiction or description of
            specified sexual activities or specified anatomical areas.

     E.     Adult Theaters – Establishments including a theater, concert hall, auditorium or similar
            establishment, which for any form of consideration, regularly feature live performances
            characterized by the exposure of specified sexual activities or specified anatomical areas.

     F.     Massage Parlors – Establishments where, for any form of consideration, massage,
            alcohol rub fomentation, electric or magnetic treatment or manipulation of the human
            body is administered, unless by a medical practitioner, chiropractor, acupuncturist,
            physical therapist or similar professional person licensed by the state. This definition shall
            not be deemed to include an athletic club, health club, school, gymnasium, reducing
            salon, spa or similar establishment where massage or similar manipulation of the human
            body is offered as an incidental accessory service.

     G.     Specified Anatomical Areas

            1. Less than completely and opaquely covered human genitalia, pubic region, buttocks
               and female breasts below a point immediately above the top of the areola; and

            2. Human male genitals in a discernible turgid state, even if completely opaquely
               covered.

     H.     Specified Sexual Activities

            1. Human genitals in a state of sexual stimulation or arousal; or

            2. Acts of human masturbation, sexual intercourse or sodomy; or

            3. Fondling or erotic touching of human genitals, pubic regions, buttocks or female
               breasts.

3.   License required.

     No person shall engage in an adult entertainment enterprise unless he or she shall first have
     obtained a license to do so from the Town Board no later than two business days before the first
     day of business. The fee for an adult entertainment license shall be $1,000.00. Every licensee
     must conspicuously post the license at his or her adult entertainment business.

4.   Application for license.

     An application for a license shall be accompanied by a nonrefundable $100.00 application fee

                                                 -65-
                      Town of Verona Zoning Ordinance Revisions Project
                               ZONING ORDINANCE – 2004

     and shall provide the following information:

     A.     Name, age and address of applicant’s place of residence.

     B.     The firm or firms he or she represents, together with copies of documents establishing the
            firm’s residence and address, form of organization, ownership and qualifications to do
            business in the State of New York. If a corporation, the names and addresses of all
            officers and directors shall be provided.

     C.     A brief description of the nature of business and type of entertainment to be provided.

     D.     The place where the applicant proposes to provide such entertainment and
            the time during which entertainment is to be conducted.

     E.     Prior criminal convictions of the applicant, other then minor traffic violations.

     F.     Whether or not an adult entertainment enterprise license issued to the
            Applicant under this chapter has been revoked.

     G.     Such other information as may be required by the Town Board to promote the purpose of
            this chapter.

5.   Regulation and restriction of adult entertainment enterprises.

     All uses defined as adult entertainment enterprises shall exclude patrons under the age of 18
     years. The uses as defined in Section IV-4.are to be restricted as to location in the following
     manner:

     A.     Any of the above uses shall not be located within 1,000 feet of any area zoned for
            residential use or any single-family, two-family or multiple-family dwelling, including
            structures devoted to both residential and commercial or business purposes.

     B.     Any of the above uses shall not be located within 1,000 feet of another said use.

     C.     Any of the above uses shall not be located within 2,000 feet of any school,
            Church or any other place of religious worship, park playground, playing field,
            community center, funeral home, day-care center, hospital, alcoholism center or drug
            treatment center or counseling or psychiatric treatment facility.

     D.     All of the above uses are to be only located in a PUD Zoning District.

     E.     Any enterprise defined as an adult theater or adult cabaret shall provide a
            Stage for the performance of such entertainment which shall be used by all the performers
            at all times during such performance.

     F.     There shall be no audience participation at any time during the performance at an adult
            theater or adult cabaret.


                                                 -66-
                     Town of Verona Zoning Ordinance Revisions Project
                              ZONING ORDINANCE – 2004

     G.     It shall be unlawful for anyone at an adult theater or adult cabaret to expose specified
            anatomical areas or engage in any specified sexual activities or to appear before or come
            in contact with patrons while exposing specified anatomical areas or engaging in
            specified sexual activities.

     H.     It shall be unlawful for any person conducting, maintaining or operating an adult cabaret,
            bar and/or lounge, dance hall or discotheque enterprise or any other place of public
            assembly within the Town of Verona to suffer or permit any waitress, barmaid,
            entertainer or any other person who comes in contact with or appears before or is likely to
            come in contact with or appear before patrons while exposing specified anatomical areas.

6.   Compliance with Zoning required

           Chapter 160, Zoning, shall apply to all activities for which licenses are sought or granted
          under this chapter. The town reserves the right to revoke any license upon conviction of a
          violation of said Zoning chapter.

7.   Procedure for review of application.

     A.     The Town Board, upon receipt of a license application, may either
            Approve the application and issue a license or reject the application. All applications
            received by the Town Board shall be reviewed by the Town Board within 62 days of
            receipt at either a regular meeting or at a special meeting thereof.

     B.     The Town Board at the time of its review of the application may in its discretion,
            schedule a public hearing to be held upon it. In this event, the Town Board shall have an
            additional 62 days within which to hold the public hearing and to either approve the
            application and issue a license or reject the application. Notice of the public hearing shall
            be published at least once, not less than five days before the date of the public hearing, in
            a newspaper of general circulation with the Town of Verona. The notice shall state the
            name of the applicant, the name of the proposed business, the location where the
            proposed business is to be conducted and the date, time and place of the hearing.

     C.     In approving or rejecting an application, the Town Board shall consider the following
            criteria but in no way shall be limited thereby:

            1) The character of the neighborhood in which the applicant proposes to carry on the
               adult entertainment enterprise.
            2) The changes that the business would bring to the neighborhood and whether these
               changes would be to the benefit or detriment of the public good, welfare, health,
               safety or morals.
            3) The nuisance, refuse, litter, noise and adverse health conditions that the business
               might or will create.
            4) The requirements of police protection and traffic control.
            5) The criminal record of the person(s) applying for the license.

     D.     A license issued pursuant to this chapter shall expire one year from the date of issuance.
            Any application for a renewal shall be accompanied by the required $100.00 application

                                                -67-
                        Town of Verona Zoning Ordinance Revisions Project
                                 ZONING ORDINANCE – 2004

               fee. Should the application for renewal be approved the $1000.00 license fee shall be paid
               upon the issue of the renewed license.

7.    Revocation of License

      The Town Board, upon complaint of violation of this chapter or other ordinance or any law by
      licensee, and a hearing upon five days prior notice to the licensee, may revoke any license for
      good cause including without limitation.

      A.       Fraud, misrepresentation or false statement contained in the application for
               The license or any application for renewal thereof.

      B.       Fraud, misrepresentation or false statement made in the course of carrying
               On the adult entertainment enterprise.

      C.       Conviction of any crime, misdemeanor or violation of any local law or
               ordinance.

      D.       Conducting the adult entertainment enterprise in an unlawful manner or in such a manner
               as to constitute a breach of peace or as to constitute a menace to the health, safety or
               general welfare of the public.

9.    Penalties for offenses.

      Any person violating the provisions of this chapter shall be guilty of a violation and, upon
      conviction thereof , shall be subject to a term of imprisonment of up to 15 days/or fined not more
      than $250.00 for each offense. Every day or part of a day that a violation of this chapter shall
      continue shall constitute a separate and distinct offense. Not withstanding any other provision of
      this chapter, the license shall automatically be revoked upon conviction of a violation of any
      provision of this chapter. The town shall, in addition to the foregoing, also be entitled to seek
      injunctive relief.




Section IV-5          SIGNS

      The size, type and location of any sign or advertising device shall be in accordance with the
      following regulations:

A.     Signs in “RD”, “RR”& “R” Residence Districts

                                                  -68-
                   Town of Verona Zoning Ordinance Revisions Project
                            ZONING ORDINANCE – 2004


     1)   Nameplate and Identification signs indicating the name and
          and address of the occupant or permitted home occupation
          in any residence, provided that such signs shall not exceed
          Two (2) square feet in area and shall not emit and flashing
          or intermittent illumination.

     2)   Institutional signs for schools, churches, hospitals, or similar
          public and semi-public institutions, provided that such signs
          Shall not be greater than fifteen (15) square feet in area and
          Shall not emit any flashing or intermittent illumination.

     3)   Business Signs pertaining only to a legal non-conforming use
          Of the premises on which it is located, provided that such
          Signs shall not exceed twenty (20) square feet in area and
          Shall not emit any flashing or intermittent illumination.

     4)   Temporary signs advertising the sale, rental, construction or
          Improvement of the premises on which they are located,
          Provided that such signs shall not exceed six (6) square feet
          In area, shall not be illuminated, and shall be promptly removed
          By the property owner when the circumstances leading to their
          Erection no longer apply.

     5)   Signs advertising functions, uses, products or services not
          pertaining to the premises on which they are located, and
          mobile advertising or attracting devices shall be permitted
          in any “RD”, “RR”& “R” Residence District following a review and
          written authorization by the Zoning Board of Appeals, and not
          exceeding (32) sq. ft. in aggregate area.

B.   Signs in “CNS” & “HCR” Commercial Districts

     1)   Signs permitted in “RD”, “RR”& “R” Residence Districts.

     2)   Business signs pertaining only to a permitted use, product
          or service on the premises of which they are located,
          shall not exceed a total of 100 square feet of aggregate sign area.


     3)   Temporary signs advertising the sale or rental, or construction
          Or improvement of the premises on which they are located,
          Provided such signs shall not exceed ten (10) square feet in
          Area, and shall be promptly removed by the agent or owner
          When the circumstances leading to their erection no longer
          apply.


                                               -69-
                     Town of Verona Zoning Ordinance Revisions Project
                              ZONING ORDINANCE – 2004


     4)    No billboard or outdoor advertising shall be permitted.

C.   Signs in “PUD”,“PC” & “HC&I” Districts

     1)    Signs permitted in “CNS” & “HCR” Commercial Districts.

     2)    Signs pertaining to functions, uses, products or services
           Whether or not pertaining to the premises on which they are
           Located, provided that such signs shall not exceed a total aggregate
           Area of (200) sq. ft. except by special permission in writing from
           The Board of Appeals, and shall not direct any source of illumination
           toward any public street or adjacent residential property.

     3)    Temporary signs advertising the sale or rental, or construction
           or improvement of the premises on which they are located,
           provided that such signs shall not exceed on hundred (100)
           square feet in area and shall be promptly removed by the
           Agent or owner when the circumstances leading to their
           erection no longer apply.

      4)   No sign shall be located higher than (100) square feet per side.

D.   General Regulations

     1)    The number of signs permitted on any single parcel shall
           not exceed the number of lot lines of said parcel which
           abut a public right-of-way.

     2)    Signs shall be constructed of durable materials and shall
           be maintained in a good condition. Signs which are
           permitted to deteriorate shall be removed upon direction
           of the Town Board following notification to the owner.

     3)    No sign shall project more than four (4) feet beyond
           property lines over public sidewalk areas.

     4)    No attached or detached sign shall be located higher
           Than the primary building for which it pertains to and shall
           not exceed 35 feet in height.

     5)    No sign shall be erected which, in the opinion of the Town
           Board, may cause hazardous or unsafe conditions. Such
           signs shall be removed upon direction of the Town Board
           following notification to the owner.

     6)    No sign, other than an official traffic sign, shall be erected

                                                -70-
                    Town of Verona Zoning Ordinance Revisions Project
                             ZONING ORDINANCE – 2004

           Within the right-of-way line of any public street.

     7)    No sign shall have a source of illumination directed toward
           a public street or adjacent property.

     8)    No billboard or outdoor advertising sign shall be permitted
           which faces the front or side lot line of any “RD”, “RR”, or “R”
           district within 100 feet of such lot line, or which visibly
           faces any public parkway, public square, or entrance to any
           public park, school, library, church or similar institution
           within 300 feet thereof, or within 300 feet of the right-of-way
           of the New York State Thruway and shall not exceed
           100 sq. ft. per side.

     9)    Hotels, Motels, Restaurants, ect. No sign shall be higher than the primary
           Building of which it pertains to and is not to exceed (35) feet in height and
           shall not be greater than a total aggregate area of (200) sq. ft. Any sign two
           or more sided shall be considered two or more signs unless all of the sides
           advertise exactly the same for which then they shall be considered one sign.

     10)   Any sign that does not specifically meet the criteria stated above
           for the issue of a building permit shall require a review of and
           authorization by the Zoning Board of Appeals prior to the issue
           of a building permit for the same. It shall be the policy of the
           Town of Verona to promote business and the advertising that
           forwards the same. To that end this section of the ordinance is
           designed to allow for any request for signage to be allowed
           following the appropriate level of review to ensure the quality
           of life and character of the area effected by the request.




Section IV-6 FENCES

           With the preservation of the asset of the lake frontage of Oneida Lake to the community
           as a whole and the rights of each individual property owner in mind the following set
           back and dimensional requirements shall apply in all areas of the Town of Verona, with
           no review by the Zoning board required, outside the Hamlet of Verona Beach. In Verona
           Beach and all areas of the Town of Verona adjoined by the waters of Oneida Lake no
           building permit for any fence shall be issued without the plan for same being reviewed


                                               -71-
                        Town of Verona Zoning Ordinance Revisions Project
                                 ZONING ORDINANCE – 2004

             and approved by the Zoning Board of Appeals.

          a. front yard minimum                   --Existing Principal structure front line---

          b. side yard setback 2 ft.                        2 ft.

          c. rear yard setback 2 ft.                        2 ft.

          d. maximum height 6 ft.                           6 ft

          e. sea wall/high water mark set back shall in all cases be 20 ft. unless otherwise agreed
             upon by the adjoining property owners and upon review and authorization by the Zoning
             Board of Appeals.

          f. there shall be nothing placed in the 2 foot buffer zone between the fence and the property
            line.
                              Exception; one (1) marker may be located on each corner of the property
                              line not to exceed two (2) inches in diameter and not to be higher than the
                              top of the fence at the corners they are located, and shall not be installed
                              in a manner as to cause a safety hazard to humans or animals.

          g. deviation from the above guidelines shall be allowed anywhere in the Town Of Verona
            for side and rear yard setbacks upon the written agreement of the adjoining property
           owners and the Zoning Board of Appeals.




Section IV-7 Outdoor Solid Fuel Burning Appliances and Similar Equipment

      A. Intent;

      Outdoor solid fuel burning appliances and similar equipment are an economical alternative to
      conventional heating systems; however concerns have been raised regarding the safety and the
      environmental impacts of these heating appliances, particularly the production of offensive odors
      and potential health effects of uncontrolled emissions. This law is intended to ensure that outdoor


                                                 -72-
                 Town of Verona Zoning Ordinance Revisions Project
                          ZONING ORDINANCE – 2004

furnaces are utilized in a manner that does not create a nuisance and is not detrimental to the
health, safety and general welfare of the residents of the Town of Verona.

B. Definition;

Outdoor Solid Fuel Burning Appliances and Similar Equipment shall mean any equipment,
device, apparatus or any part thereof, which is installed, affixed or situated outdoors for the
primary purpose of combustion of fuel to produce heat or energy used as a component of a
heating system.

C. Permit required;

Under no circumstances at anytime shall any outdoor solid fuel burning appliance or similar
equipment be installed without first obtaining a permit from the Code Enforcement Official.
With the exception of existing outdoor furnaces that have been installed prior to the effective
date of the provisions set forth in this article, a copy of the manufacturer’s installation
specifications shall be submitted to the Code Enforcement Official upon the request of a permit.

D. Existing outdoor solid fuel burning appliances and similar equipment;

       1. Any outdoor solid fuel burning appliance or similar equipment in existence before the
          effective date of this article shall be permitted to remain, provided that the owner
          applies for and receives a permit, at no fee, within one year of the effective date of
          this article.
       2. All existing outdoor furnaces shall comply to the provisions of this article with the
          exceptions of Section IV-7-G.1 through Section IV-7-G.5
       3. Any existing outdoor furnace in violation of the provisions of this article with the
          exception of Section IV-7-G.1 through Section IV-7-G.1 through Section IV-7-G.5,
          shall be made to comply, or shall be removed within thirty (30) days from the receipt
          of a violation notice from the Town of Verona Code Enforcement Official.
       4. If the owner of an existing outdoor furnace does not receive a permit or does not
          comply with the provisions set forth in this article with the exception of
          Section IV-7-G.1 through Section IV-7-G.5, within one year of the effective date of
          this article, the furnace shall be removed.
       5. All existing outdoor furnaces shall comply with Section IV-7-G.6



E. Installation and maintenance:

   All outdoor solid fuel burning appliances and similar equipment shall be listed and labeled,
   by a recognized testing laboratory, for outdoor installation and installed and maintained in
   accordance to the manufacturer’s specifications. The penetration of the building wall by the
   pipes supplying the heated water to the building shall be inspected.

F. Specific requirements:


                                            -73-
                Town of Verona Zoning Ordinance Revisions Project
                         ZONING ORDINANCE – 2004

       1. Permitted fuel, only untreated firewood and untreated lumber are permitted to be
          burned in an outdoor wood furnace. Burning of any and all other materials in an
          outdoor wood furnace is prohibited.
       2. Furnaces that burn natural gas, propane, home heating oil and coal shall burn only the
          fuel listed for the equipment. Any and all other materials in these furnaces shall be
          prohibited.
       3. Lighter fluids, gasoline or any chemicals to start the furnace are prohibited.
       4. No outdoor furnace at any time shall be utilized as a waste incinerator.

G. Permitted zones and months of operations:

       1. Outdoor Solid Fuel Burning Appliances and Similar Equipment shall only be utilized
          during the months between October 1st and April 30th and shall only be permitted in
          Residential ( R ) , Rural Residential (RR), Rural Development (RD) and Commercial
          Neighborhood Service (CNS) zones with the minimum lot dimensions as follows,
       2. The minimum side lot setback shall be not less than 250 feet.
       3. The minimum rear lot setback shall be not less than 250 feet.
       4. The minimum setback from the primary residence shall be not less than 50 feet or in
          accordance with the manufactures specifications, which ever is more.
       5. No Outdoor Solid Fuel Burning Appliance or Similar Equipment shall be installed
          within 1000 feet of any School, Business, Church, Playground or Public Assembly.
       6. All outdoor furnaces shall be equipped with a properly functioning spark arrestor.

H. Stack location and height:

       The required stack height of the outdoor furnace shall be installed in accordance with the
       manufactures specifications and is not to exceed 25 feet in height for the total structure.

I. Suspension of permit:

       1. A permit issued pursuant to this ordinance may be suspended at the discretion of the
          Town of Verona Code Enforcement Official after determining that such suspension
          may be necessary to protect the health, safety and welfare of the residents of the Town
          of Verona and if the following conditions occur;
       2. Malodorous air contaminants from the outdoor furnace are detectable outside the
          property of the person whose land the outdoor furnace is located.
       3. The emissions from the outdoor furnace interfere with the reasonable enjoyment of
          life or property.
       4. The emissions from the outdoor furnace cause damage to vegetation or property.
       5. The emissions from the outdoor furnace are or may be harmful to human or animal
          health.
       6. A suspended permit may be reinstated once the condition which resulted in
          suspension is remedied and reasonable assurances are given that such condition will
          not recur. Recurrence of a condition, which has previously resulted in suspension of
          permit, shall be a violation of this article.

J. Effect on other regulations;

                                           -74-
                        Town of Verona Zoning Ordinance Revisions Project
                                 ZONING ORDINANCE – 2004


           Nothing contained herein shall authorize or allow burning which is prohibited by codes, laws,
           rules or regulations promulgated by the United States Environmental Protection Agency,
           New York State Department of Environmental Conservation, or any other Federal, State,
           Regional or Local Agency. Outdoor furnaces, and any electrical, plumbing or other apparatus
           or device used in connection with an outdoor furnace, shall be installed, operated and
           maintained in conformity with the manufacturer’s specifications and any and all local, state
           and federal codes, laws, rules and regulations. In case of a conflict between any provision of
           this article and any applicable federal, state or local ordinances, codes, laws, rules and
           regulations, the more restrictive or stringent provision or requirement shall prevail and be
           applicable.

           All appeals to adverse decisions shall be made to the Town Board.




Article V SPECIAL REVIEW STANDARDS AND PROCEDURES

Section V-1 Non-conforming Elements

Any legally established principal or accessory use, building, improvement or lot not in compliance with
the provisions of this ordinance or subsequent amendments shall be regarded as a nonconforming
element subject to the following provisions:

A.     Modifications


                                                  -75-
                      Town of Verona Zoning Ordinance Revisions Project
                               ZONING ORDINANCE – 2004


     Any modification of a non-conforming element including any addition, enlargement, alteration,
     structural alteration or change in use shall be subject to the provisions of this section.

B.   Non-conforming Building - Is a pre-existing principal or accessory structure that does not
     comply with applicable yard, setback, height, lot coverage or similar dimensional requirements.

     1.     General Maintenance and Repair: Except as otherwise provided for in this section, non-
            conforming buildings may continue to exist, be maintained and repaired.

     2.     Structural Alterations, Renovations and Additions: Alterations, renovations and
            additions to a non-conforming building may be made upon issuance of a building permit.
             Provided however, these modifications do not increase the degree of a non-conforming
            element or expand a non-conforming use that may be related to the structure. For
            example, an increase in the degree of non-conformity includes an addition to or enclosure
            of a porch that protrudes into a required yard; conversely a conforming addition in the
            rear yard would not affect front yard non-conformity.

            For purposes of enforcement, any modifications that increase the degree of non-
            conformity shall be subject to an area variance by the Zoning Board of Appeals.

     3.     Damaged Structures: A non-conforming building may be repaired and restored to its
            former condition except where damage or deterioration involves more than 50% of the
            floor area or exceeds 50% of the total replacement cost of the damaged structure as
            determined by a licensed adjuster, appraiser or other legal representative of the insuring
            company. If however, a discrete portion of a structure (such as a porch, vestibules,
            garages, etc.) is the sole basis for the non-conformity and only that portion is damaged
            more than 50% of its floor area then it may be repaired or restored upon issuance of a
            special permit by the Zoning Board of Appeals.




C.   Non-conforming Use - Is a legally pre-existing activity or land use occurring on or associated
     with a structure or site and is not permitted by building or zoning permit, site plan review or a
     special permit approval in the applicable zone district. A non-conforming use may be found to
     occur in conforming structures.

     1.     Except as otherwise provided in this article, non-conforming uses may continue to exist.

     2.     A non-conforming use may not be enlarged to occupy additional floor area within an
            existing structure or additional lot space, nor be converted to another use except in
            conformance with this ordinance. For purposes of enforcement any such proposed


                                                -76-
                      Town of Verona Zoning Ordinance Revisions Project
                               ZONING ORDINANCE – 2004

            modification or enlargement of a non-conforming use shall be subject to approval of a
            variance from the Zoning Board of Appeals.

     3.     A non-conforming use may be changed to another non-conforming use of the same or
            comparable land use classification only upon issuance of a Special Permit by the Zoning
            Board of Appeals and upon finding that the proposed use will have a lesser impact on
            surrounding properties than the existing use. In its determination the Zoning Board of
            Appeals shall consider parking demand, pedestrian and traffic volume, intensity of use,
            hours of activity, noise levels and any other factors considered relevant under the
            circumstances.

     4.     A non-conforming use, if changed to a conforming use, shall not thereafter be changed
            back to a non-conforming use.

     5.     The provisions of V-1.B above regarding repair and restoration of damaged structures
            shall apply to conforming buildings containing a non-conforming use.

     6.     Any previously established permitted use now subject to the site plan review or special
            permit requirements of this ordinance shall be regarded as non-conforming use if it does
            not comply with the current site plan review or special permit requirements.

     7.     A non-conforming use of a building or land which has ceased operation for twelve (12)
            months shall be deemed abandoned and may not be reestablished as a non-conforming
            use, and after that such structure or land or portion of it shall be used in conformity with
            this ordinance. If upon a finding by the Zoning Board of Appeals that a non-conforming
            use occupies a building uniquely designed to its use (e.g., two family dwelling) then a
            non-conforming use may be reestablished within twenty-four (24) months.




D.   Non-conforming Lot - Is a parcel of land legally established pursuant to the town's subdivision
     regulations but does not meet the current dimensional requirements for lot width, depth or area, if
     any, of the applicable zone district regulations. Lots established without Town Subdivision
     Approval are considered legal if they were filed and recorded in the Office of the Oneida County
     Clerk prior to the date of the enactment of this ordinance by the Town Board and conformed to
     the zoning requirements in effect at the time of filing.

     A non-conforming lot in any district may be improved with a permitted, site plan review or
     special permit use if all applicable setbacks, yards, dimensional, parking, and/or screening
     requirements are met.



                                                -77-
                       Town of Verona Zoning Ordinance Revisions Project
                                ZONING ORDINANCE – 2004

E.    Other Nonconforming Elements

      1.     Parking

             No modification of a building (whether an addition or an internal renovation) which
             increases the floor area devoted to an otherwise conforming use shall be made if such
             modification increases the degree of nonconformity with respect to off-street parking
             requirements.




Section V-2 Site Plan Review Standards

A.    Purpose

      Site plan review seeks to promote the optimum site design within the limits of the dimensional
      requirements established in the zone district regulations. The standards and procedures regulate
      the placement and design of buildings and improvements on a single property in order to achieve
      physical arrangements that are most appropriate to site conditions, public services, environmental
      resources and neighborhood character.

B.    Authority (see also Article VI Administration and Enforcement)

                                                 -78-
                    Town of Verona Zoning Ordinance Revisions Project
                             ZONING ORDINANCE – 2004


     1.    Delegation

           The Planning Board is authorized pursuant to NYS Town Law §274.a to review and
           approve all site plans for uses listed in the zone district regulations in conformance to the
           provisions of this article.

     2.    Compliance with Review

           No use, building or improvement requiring site plan review by this zoning ordinance shall
           be occupied, modified, altered or changed except in compliance to the procedures and
           standards of this article.

     3.    Relationship to Special Permit and Variance

           Unless required as a condition of approval, site plan review shall not be required for any
           use, structure or improvement approved pursuant to a variance or special permit
           procedure.

C.   Procedure

     1.    Schedule of Review

           Site plans shall be reviewed in conformance to the applicable provisions of NYS Town
           Law §274.a and Section V-6 Standard Review Procedures of this Zoning Ordinance.

     2.    Submission Requirements

           Application for site plan review shall be submitted on forms provided by the Town and
           shall provide information as described in Section V.6 (submission requirements of
           Standard Review Procedures article).




D.   Standards of Review

     1.    Town Plan, Zoning and Building Codes

           The Codes Enforcement Officer shall evaluate the proposed site plan for conformance to
           the NYS Uniform Fire Protection and Building Code, the Town Plan and any applicable
           town planning policies or zoning requirements. Potential areas of non-compliance, if any,
           shall be reported to the Planning Board.

     2.    Relationship to Site Conditions



                                                -79-
              Town of Verona Zoning Ordinance Revisions Project
                       ZONING ORDINANCE – 2004

     a.     The proposed site plan shall be appropriate to the existing or proposed site
            conditions, such as slope, soil or drainage, and any changes in grade or vegetation,
            shall be appropriately designed for the site.

     b.     Proposed changes in grade and ground cover during and after construction shall
            not cause erosion or adverse effects on drainage patterns.

3.   Relationship to Surrounding Properties

     a.     The proposed site plan shall ensure that the size, placement, design and
            construction materials of any buildings or improvements are compatible to the
            character and use of surrounding properties and neighborhood.

     b.     The proposed site plan shall ensure that drainage, lighting, signage and any other
            exterior effects of the proposal do not adversely affect surrounding properties.

4.   Vehicular and Pedestrian Circulation

     a.     The size, location, design, directional signage, pavement composition and lighting
            of the vehicular and pedestrian areas will properly accommodate the anticipated
            traffic volumes in a safe and efficient manner.

     b.     The proposed site plan shall provide vehicular and pedestrian connections to the
            public street(s) and sidewalks, if any, that are adequate in number, size, location
            and design and which will be established in conformance with applicable town,
            county or state transportation departments' engineering standards for safe and
            efficient site access and egress.

     c.     The proposed site plan adequately provides for emergency vehicle access to and
            from the site and to areas around the buildings.

     d.     The proposed site plan adequately provides for the storage and discharge of storm
            water and snow from vehicular and pedestrian areas.


5.   Services and Utilities

     The proposed site plan contains provision for water supply, wastewater disposal,
     drainage, fire protection and solid waste disposal that are adequate for the proposed use,
     established in conformance with applicable permit standards and procedures, and are
     consistent to the town's long-term objectives for public facilities and services.

6.   Environmental Resources

     a.     The proposed site plan provides for the placement of buildings, paved areas and
            other improvements in a manner which avoid adverse impacts upon identified


                                         -80-
                      Town of Verona Zoning Ordinance Revisions Project
                               ZONING ORDINANCE – 2004

                    environmental or historical resources and, when necessary, establishes appropriate
                    alternatives or mitigation measures of any adverse effects.

            b.      Any changes or intrusions on identified resources are performed in conformance
                    to applicable permit standards and procedures.

     7.     Aesthetics

            a.      The Planning Board shall ensure that the design and use of materials on all
                    buildings, improvements and landscaping enhance the appearance of the site and
                    do not detract from the appearance of the neighborhood.

            b.      The Planning Board shall ensure that the placement and design of parking,
                    loading, storage and service areas includes adequate buffers and/or screening
                    appropriate to the character of the neighborhood and adjacent properties.

E.   Additional Conditions upon Site Plan Review

     The Planning Board may impose additional conditions in compliance to the requirements of this
     ordinance and upon approval of a site plan which, in its opinion are reasonable and necessary;
     including but not limited to restrictions upon methods of construction, type, composition and
     appearance of building materials and modifications of the size, number and design of any
     improvements such as signs, plantings, pavement areas and parking.

F.   Existing Use or structure

     Any use or structure established as a matter of right prior to the enactment of this ordinance, but
     which is now subject to the issuance of a Site Plan Review, shall be subject to the provisions of
     this article.




G.   Site design Standards and Criteria for selected uses or structures

     1      Farm Stand

            a.      The products sold from a farm stand shall be limited to field, fruit, vegetable or
                    ornamental plant crops grown on the same farm.

            b.      A farm stand shall not exceed 1,500 sq. ft.

            c.      The farm stand shall be located no closer than 30 feet to the edge of the public
                    right-of-way and no closer than 10 feet to any side property line.


                                                 -81-
            Town of Verona Zoning Ordinance Revisions Project
                     ZONING ORDINANCE – 2004


    d.    Access to the public highway shall be limited to existing driveways or to new
          driveways established pursuant to permits from the Town Highway
          Superintendent, the Oneida County Department of Public Works or the NYS
          Department of Transportation.

    e.    Customer parking spaces shall be provided on-site and the vehicle maneuvering
          area shall be maintained out of the public right-of-way.

2   Outdoor Sales and Storage

    a.    The portion of a site used for outdoor storage or sale shall be maintained within
          the specific area or areas as shown on the plan approved by the ZBA.

    b.    Any material to be sold or stored out-of-doors shall be maintained in a neat and
          orderly manner and shall not intrude into any required front, side, or rear yards.

    c.    Any lighting shall be designed to eliminate direct glare upon neighboring
          properties.




                                      -82-
                       Town of Verona Zoning Ordinance Revisions Project
                                ZONING ORDINANCE – 2004

Section V-3 Special Permit Standards

A.    Purpose

      Special permit review seeks to ensure that certain permitted uses are established in a manner that
      is most appropriate and compatible to a site, neighborhood and zone district.

B.    Authority (see also Administration & Enforcement Article VI)

      1.     Delegation

             The Zoning Board of Appeals shall have the power to review and approve, approve with
             modifications or disapprove all Special Permit Uses listed in the zone district regulations
             pursuant to NYS Town Law §274.b and the provisions of this article.

      2.     Compliance with Review

             No use, building or improvement requiring special permit review shall be occupied,
             enlarged, modified, altered or changed except in compliance to the procedures and
             standards of this article.

      3.     Relationship to Site Plan Review and Variances

             a.      The ZBA after review may refer all special permit proposals to the Planning
                     Board for an advisory review and comments; separate site plan review by the
                     Planning Board is not required when a land use or structure is subject to Special
                     Permit Review. However, Planning Board review and approval of the proposal
                     can be required by the ZBA as a condition of Special Permit approval.

             b.      In the event that an area variance from zoning dimensional requirements is to be
                     requested, the ZBA may simultaneously review and decide such a request during
                     the Special Permit review.

C.    Procedure

      1.     Schedule of Review

             Special permits shall be reviewed pursuant to the applicable provisions of NYS Town
             Law §274-b and Article V-6 (Standard Review Procedures for All Boards) of this Zoning
             Ordinance.

      2.     Submission Requirements

             An application for a special permit shall be submitted on forms provided by the town and
             consistent with the provisions of V-6.

D.    Additional Conditions Upon Special Permit Approval

                                                 -83-
                          Town of Verona Zoning Ordinance Revisions Project
                                   ZONING ORDINANCE – 2004


     The ZBA may impose additional conditions in compliance to the requirements of this ordinance
     and upon approval of a Special Permit, which in its opinion, are reasonable and necessary; these
     conditions may include, but are not limited to, restrictions on construction methods, hours of
     operation, or type of equipment used in the operation of the use. The ZBA may also require
     modification of the size, number and design of any improvements such as signs, plantings,
     pavement areas, parking or building materials.

E.   Existing Uses

     Any use or structure established as a matter of right prior to the enactment of this Ordinance, but
     which is now subject to the issuance of a special permit, shall be subject to the provisions of this
     article upon any modification of use or structure.

F.   Standards of Review

     This section has two (2) parts: part (1) contains general standards applicable to all special permit
     uses; part (2) contains standards applicable to certain specified uses in addition to the general
     standards of Part (1).

     1.     General Standards (Part 1)

            a.       Compliance

                     1.       The proposed use must comply with the applicable intent and regulations
                              of the entire ordinance including the specific zone district in which it is
                              located.

                     2.       The proposed use must comply to other applicable town, county, state or
                              federal regulations.

            b.       Conformance to Town Plan

                     1.       The proposed use is located on a site and in an area of the town which is
                              consistent with the long-term development objectives for the area.
                     2.       The proposed use is appropriately located with respect to the existing
                              pattern of streets and other facilities including but not limited to water,
                              sanitary lines and drainage systems and will not adversely affect the
                              functioning of these facilities nor impede any planned improvements.

                     3.       The proposed use is compatible in size and character to the existing and/or
                              planned pattern of land uses within the immediate area.



     c.     Scale of Development


                                                   -84-
                    Town of Verona Zoning Ordinance Revisions Project
                             ZONING ORDINANCE – 2004


       1.      The proposed use is to be designed and developed in a manner that ensures the
               provision of necessary public facilities, improvements and landscaping to the site.

       2.      The scale and design of the proposed use is physically and visually compatible
               with the conditions of the site and surrounding properties.

d.     Vehicular and Pedestrian Circulation

The nature and design of the proposed use ensures that there is safe and efficient vehicular and
pedestrian movement within the site and in relationship to any streets serving the site.

In making this determination, consideration shall be given, but not limited to the following:

               1.       Location and adequacy of parking and loading facilities;
               2.       Pedestrian rights-of-way;
               3.       Traffic regulatory devices;
               4.       Location, number, and design of points of ingress and egress;
               5.       Accessibility by emergency vehicles with particular emphasis on access to
                        structures, and provision for turning and free movement;
               6.       Provision for snow storage;
               7.       Age and mobility of all persons for whose benefit the use is intended;
               8.       Speed limits upon and general character of public highways in proximity
                        and providing access to the subject site.

e.     Services and Utilities

               1.       The proposed use is adequately served with water supply, wastewater
                        disposal and drainage facilities in compliance with any applicable county
                        or state codes and provides for the long-term needs of the use.

                2.       The proposed use will be provided with adequate services or facilities for
                         solid waste disposal, fire and police protection, utilities and other
                         supporting services necessary for the use.

f.     Environmental Resources

               1.       The proposed use is located, designed and operated in a manner that
                        avoids or minimizes any disturbance of significant natural or cultural
                        resources.

               2.       The proposed use is located and designed in a manner that is consistent
                        with the site's soil capabilities to accommodate the use.

               3.       The proposed use is to be developed in conformance with any applicable
                        state or federal requirements regulating significant environmental
                        resources.

                                            -85-
                         Town of Verona Zoning Ordinance Revisions Project
                                  ZONING ORDINANCE – 2004


                    4.       The proposed use provides drainage systems conforming to any area-wide
                             drainage plans and controls storm water run-off consistent with town plan
                             recommendations.

     g.     Aesthetics

                    1.       The proposed use includes use of building materials, screening and
                             landscaping treatments of parking, drainage and storage areas that are
                             consistent with existing development and any aesthetic standards
                             developed by the town, and which minimize any adverse visual affects on
                             surrounding properties or public rights-of-way.

                    2.       Lighting and signage for the proposed use is appropriate in size, color and
                             placement for the site and character of the surrounding area and has no
                             adverse impact on surrounding properties.
     h.     Emissions

                    The emission of any noise, smoke, heat or odor from the proposed use is within
                    limits established by this ordinance, if any, and is minimized and directed away
                    from surrounding properties; any mechanical elements associated with these
                    emissions are installed and maintained in accordance with applicable health and
                    safety codes and are adequately screened from view.

2.   Specific Standards (Part 2)

     a.     Motor Vehicle Sales and Service Uses

            1.      The lot shall have a sufficient minimum frontage along each public right-of-way
                    to provide safe and adequate vehicular access and egress.

            2.      All fuel pumps shall be located at least twenty-five feet from any right-of-way or
                    thirty (30) feet from any other lot line.

            3.      Entrance or exit driveways shall be located at least twenty (20) feet from any side
                    or rear lot lines and at least seventy-five (75) feet from any intersecting street
                    right-of-way line. Such driveways shall be laid out so as to avoid the necessity of
                    any vehicle backing into any right-of-way.

            4.      All fuels or similar substances shall be stored at least thirty-five (35) feet from any
                    lot line, and tanks shall be installed and maintained in accordance with the current
                    standards of the National Board of Fire Underwriters and the NYS Uniform Fire
                    Prevention and Building Code. Vents must be at least twenty-five (25) feet from
                    any lot line.




                                                 -86-
                 Town of Verona Zoning Ordinance Revisions Project
                          ZONING ORDINANCE – 2004

       5.      No building or accessory facility shall be closer than thirty-five (35) feet to any
               boundary line of a Rural or Residential district.

       6.      Vehicles awaiting routine repair must be stored on-site and within a specific area
               approved by the ZBA.

       7.      All repair, servicing of vehicles or storage of parts and equipment other than for
               washing and dispensing of fuel, oil, water and air must be performed and
               contained within a principal or accessory structure.

       8.      A landscaped area at least eight (8) feet in width from the lot lines shall be
               maintained (exclusive of driveways) on all sides of the property; treatment shall
               be of grass or other plantings and storage of equipment on vehicles is prohibited
               in this area.

       9.      Any inactive flammable liquid or fuel storage tank shall be closed or removed in
               accordance within applicable NYS code.

b.     Drive-In Service

       1.      Provision for the stacking of five (5) vehicles for service shall be maintained on-
               site for each drive-in service window or unit.

       2.      On each lot line except the front line(s) there shall be a landscaped buffer, eight
               feet in width measured from the lot line, planted with a staggered double row of
               evergreen or similar trees, installed at a height of four (4) feet, on six (6) foot
               centers. The ZBA may authorize opaque fencing to be substituted for landscaping
               planting upon finding that such screening would provide a more effective buffer
               for the residential neighbors.

       3.      A landscaped area eight (8) feet in width measured from the lot lines shall be
               maintained (exclusive of driveways) on all sides of the property having road
               frontage or abutting non-residential uses; treatment shall be of grass, ornamental
               stone or evergreens maintained below two (2) feet in height and surrounded by
               curbing (wood, stone, concrete) 4-6 inches in height.




d.     Home Occupations OR Rural Service Uses

         The following provisions are to allow residents to conduct certain secondary business
activities within their homes or farms while not altering the primary use or appearance of the

                                            -87-
                    Town of Verona Zoning Ordinance Revisions Project
                             ZONING ORDINANCE – 2004

property as a residential dwelling or for agricultural purposes. A home occupation is specifically
related to the occupants of the dwelling, and shall CEASE upon the departure of the occupant
and may not be transferred to a new owner or occupant without the express approval of the
Zoning Board of Appeals.

       1.      A home occupation/rural service use discontinued for a period of 12 consecutive
               months may not be re-established without the express approval of Zoning Board
               of Appeals and in compliance with these regulations.

       2.      No home occupation/rural service use existing on the date of enactment of this
               Ordinance may be modified or altered in any way except in compliance with this
               section.

       3.      Employment or participation of occupants of the residence shall not exceed two
               adult persons. Not more than one (1) non-resident employee shall be permitted.

       4.      To ensure that no exterior display or indication of the activity shall be visible to
               the general public, the following are prohibited including, but not limited to:

               a.       outdoor sales or display of items for sale;

               b.       signs, except identification signs permitted not to exceed two (2) feet by
                        two (2) feet.

               c.       on-site parking of more than one commercial vehicle associated with the
                        home occupation unless housed in an enclosed residential garage;

               d.       any variation in the residential or agricultural character of the property
                        such as construction of a separate entrance, other exterior structural
                        alteration, or the addition of parking area;

               e.       outdoor storage of any material or goods associated with the home
                        occupation.

       5.      Such activity is to be confined to within either the principal or accessory structure
               and no yard area is used in conjunction with the activity except for required
               parking spaces.

       6.      The gross floor area of a home occupation/rural service use, regardless of location
               on the premises, shall not exceed the following schedule.

       first floor area of the principal structure             cumulative total
       Home occupation          25%                            500 sq. ft., whichever is less.
       Rural Service Use        35%                            750 sq. ft., whichever is less

7.     On-premise sale of merchandise is prohibited except where clearly incidental and
       secondary to the home occupation, limited in scope, and where there is no exterior


                                             -88-
                      Town of Verona Zoning Ordinance Revisions Project
                               ZONING ORDINANCE – 2004

             evidence of items for sale. This shall not prevent on-premise sales or mail order handling
             of materials stored and shipped from off-site, non-residential premises.

      8.     The home occupation/rural service use shall not increase the number or type of delivery
             vehicles customary to a dwelling, nor create any hazard to neighboring persons or
             property and shall not cause any electronic interference, excessive noise, vibration,
             smoke, dust, odors, heat, or glare, on surrounding properties.

      9.     Students receiving instruction in the visual or performing arts including but not limited to
             music, dance, fine arts or crafts, within any period of time shall not exceed two students.

      10.    There shall be only one home occupation/rural service use allowed per dwelling unit.
             Home occupations shall be allowed in multi-family dwellings but only within those units
             that have direct pedestrian access to the outside of the structure and do not require any
             "customer" of the home occupation to use a shared or common corridor. The Zoning
             Board of Appeals may impose additional requirements on home occupations in multiple
             family dwellings for the protection of other residents.

      11.    The storage or parking of construction equipment or vehicles, machinery and building
             materials is prohibited for home occupations and subject to ZBA approval for rural
             service uses.




Section V-4 Variance Standards

A.    Purpose


                                                 -89-
                      Town of Verona Zoning Ordinance Revisions Project
                               ZONING ORDINANCE – 2004


     Variances are intended to provide relief from unique conditions found on individual properties.
     Variances seek to ensure that when non-permitted uses, structures or activities are requested that
     they are the minimum relief necessary for the property and they are to be established in a manner
     that is most appropriate and compatible to the conditions of the site, neighborhood and zone
     district.

B.   Authority (see also Administration & Enforcement Article VI)

     1.     Delegation

            The Zoning Board of Appeals, pursuant to NYS Town Law §267, §267-a, §267-b and the
            provisions of this article shall review and approve all requests for variances and
            interpretations of this zoning ordinance.

     2.     Compliance with Review

            No use, structure or improvement subject to a variance shall be occupied, enlarged,
            modified, altered or changed except in compliance to the procedures and standards of this
            Article.

     3.     Relationship to Site Plan Review, Special Permits and Subdivisions

            a.      The Zoning Board of Appeals may refer all variance requests to the Planning
                    Board for advisory review and comments; separate site plan review by the
                    Planning Board is not required when a land use or structure is subject to a
                    variance. However, Planning Board review and approval of the proposal can be
                    required as a condition of variance approval.

            b.      In the event that an area variance is necessary for a separate and pending site
                   plan, special permit or subdivision proposal, the Zoning Board of Appeals may
                   simultaneously review and decide such area variance without a formal
                   determination of an administrative official.

C.   Procedure

     1.     Schedule of Review

            Variances shall be reviewed pursuant to the applicable provisions of NYS Town Law
            §67-a. and Article V-6 (Standard Review Procedures for All Boards) of this Zoning
            Ordinance.

     2.     Submission Requirements
            An application for a Variance shall be submitted on forms provided by the town and
            consistent with the provisions of Section V-6.

D.   Standards of Review



                                                -90-
               Town of Verona Zoning Ordinance Revisions Project
                        ZONING ORDINANCE – 2004

1.   Definitions

     The ZBA shall determine that the requested variance is a use or area variance based on
     the following statutory definitions of NYS Town Law §267:

     a.    Use variance - shall mean the authorization by the zoning board of appeals for the
          use of land for a purpose which is otherwise not allowed or is prohibited by the
          applicable zoning regulations.

     b. Area variance - shall mean the authorization by the zoning board of appeals for
        Use of land in a manner which is not allowed by the dimensional or physical
        requirements of the applicable zoning regulations.

2.   Use variance standards (based on NYS Town Law §267-b)

     The Zoning Board of Appeals shall not grant a use variance without a showing by the
     applicant that the applicable zoning regulations have caused unnecessary hardship to the
     property in question affecting each and every permitted use under the particular zoning
     district regulations.

     The applicant shall demonstrate such unnecessary hardship by showing:

     a.       the applicant cannot realize a reasonable return, provided that lack of return is
             substantial as demonstrated by competent financial evidence;

             Shall consider information about:
                     The entire property and all land uses present
                     The recurring or persistent nature of costs
                     Detailed financial data and analysis
                     Inability to sell property for extended period

     b.      that the alleged hardship related to the property in question is unique, and does
             not apply to a substantial portion of the district or neighborhood:

             Shall consider information about:
                     Detailed physical characteristics distinguishing property from others
                     within the district and neighborhood

     c.      that the requested use variance, if granted, will not alter the essential character of
              the neighborhood; and

             Shall consider information about:
                     The compatibility of the proposal to the surrounding existing land uses,
                     the zone district intent and the Town Land Use Plan objectives for area.

     d.      that the alleged hardship has not been self-created.


                                          -91-
                 Town of Verona Zoning Ordinance Revisions Project
                          ZONING ORDINANCE – 2004

             Shall consider information about:
                   Date of acquisition of the property
                   Documentation of existing conditions
                   Prior zoning and subdivision actions related to the property

3.   Area Variance (based on NYS Town Law §267-b)

     The Zoning Board of Appeals shall not grant an area variance until it has considered and
     weighed the potential benefits to the applicant against the possible detriments to the
     neighborhood and community as demonstrated by the applicant.

     The Zoning Board of Appeals shall consider the following:

            a. whether an undesirable change will be produced in the character of the
               neighborhood or a detriment to nearby properties will be created by granting
               of the area variance;

                      Shall consider information about:
                              The intent of the zone district or the applicable section of the
                              zoning ordinance
                              Description and analysis of the characteristics of surrounding land
                              uses and structures

            b. whether the benefit sought by the applicant can be achieved by some method,
               feasible for the applicant to pursue, other than an area variance;

                      Shall consider information about:
                              Description and evaluation of other structural or operational
                              alternatives that could comply with the zoning requirements

            c.     whether the requested area variance is substantial;

                      Shall consider information about:
                              Description and evaluation of amount of deviation from zoning
                              requirements in absolute (number) and relative (percentage) terms
                              and compared to the context of the surrounding area

            d.     whether the proposed variance will have an adverse effect or impact on the
                  physical or environmental conditions in the neighborhood or district; and

                      Shall consider information about:
                              Description and evaluation of conditions in the area that could be
                              affected by the proposal




                                           -92-
                       Town of Verona Zoning Ordinance Revisions Project
                                ZONING ORDINANCE – 2004

                            e. whether the alleged difficulty was self-created, which consideration
                            shall be relevant to the decision of the Zoning Board of Appeals, but shall
                            not necessarily preclude the granting of the area variance.

                            Shall consider information about:
                            Duration of ownership and record of prior zoning and subdivision actions.
                            Consistency of the proposed development to surrounding area

E.   Minimum variance necessary

     The Zoning Board of Appeals shall grant the minimum use or area variance it deems necessary
     and adequate to address the relief demonstrated by the proofs or considerations submitted by the
     applicant, and which at the same time preserve and protect neighborhood character and
     community well-being.

F.   Evaluation of proposed development

     In addition to the standards cited above to be addressed by the applicant, the Zoning Board of
     Appeals may refer to and apply the provisions of the Site Plan and/or Special Permit Standards
     when evaluating the scale and impact of a proposed development.

G.   Imposition of conditions

     The Zoning Board of Appeals shall, in the granting of use variances and/or area variances, have
     the authority to impose such reasonable conditions and restrictions as are directly related to and
     incidental to the proposed use of the property. Such conditions shall be consistent with the spirit
     and intent of the zoning ordinance, and shall be imposed for the purpose of minimizing any
     adverse impact such variances may have on the neighborhood or community; these conditions
     may include, but are not limited to, restrictions on construction methods, hours of operation, or
     type of equipment used in the operation of the use. The Zoning Board of Appeals may also
     require modification of the size, number and design of any improvements such as signs,
     plantings, pavement areas, parking or building materials.

H.   Prior variances

     Any use or structure established by a variance prior to the enactment of this Zoning Ordinance,
     but which is now in substantial compliance to the zoning requirements shall now be subject to
     the applicable zoning district regulations.




                                                 -93-
                      Town of Verona Zoning Ordinance Revisions Project
                               ZONING ORDINANCE – 2004

Section V-5 Zoning Amendments

A.    Purpose

      Amendments to the Town zoning ordinance and associated map are local laws intended to
      implement major land use and development policy objectives. Such amendments affect
      significant areas within the town or may affect classes of land uses throughout the town.

B.    Authority

      The Town Board pursuant to NYS Town Law §261,§262,§263 and the provisions of this article
      shall approve all modifications to this zoning ordinance and any changes to the zoning map.

C.    Procedure

      1.     Schedule of Review

             Zoning amendments shall be reviewed pursuant to the applicable provisions of NYS
             Town Law §264, §265 and this article.

      2.     Submission Requirements

             A proposal for a zoning amendment shall be submitted on forms provided by the town
             and consistent with the provisions of Section V-6.

      3.     Applicant

             All zoning amendments constitute the adoption of a local law and therefore the Town
             Board is the official applicant in all cases. The planning board or a citizen of the town
             may request the town board initiate a zoning amendment.

      4.     Planning Board Referral

             All zoning amendments shall be referred to the Town Planning Board for advisory review
             and comment. The Planning Board shall submit a written report to the within (30) days
             of referral, unless an extension is mutually agreed upon, to the town board.

      5.     Compliance to other provisions of NYS Law

             The town board shall comply with all applicable provisions of the NYS Environmental
             Review Act (SEQR) and General Municipal Law §239 referral to the county planning
             board.




                                                 -94-
                    Town of Verona Zoning Ordinance Revisions Project
                             ZONING ORDINANCE – 2004

D.   Standards of Review

     1.    Definitions

           For purposes of this ordinance there are two types of zoning amendments.

           a. Text Amendment - is a modification to the written language of the zoning ordinance
              and may include regulations that affect the entire town or creation of districts
              affecting limited portions of the town.

           b. Zone Map Amendment - applies the language of the zoning ordinance to specific
               areas of the town; it may modify the zone district boundaries or add or remove zone
              districts from the zoning map.

     2.    Standards of review

           a. Compliance to Town Plan

           All zoning amendments shall be considered with respect to the Town Comprehensive
           Land Use Plan and shall seek to further the objectives and policies of the plan.

           b. Community well being

           All zoning amendments shall in the judgment of the town board enhance the health,
           safety and welfare of the entire town.

           c. Districts

           Districts with separate and distinct regulations for land uses and structures may be
           established when they further town-wide objectives, respond to general conditions of an
           area and uniformly treat land uses and structures within the district.




                                              -95-
                         Town of Verona Zoning Ordinance Revisions Project
                                  ZONING ORDINANCE – 2004

Section V-6 Common Review Procedures and Submission Requirements

NYS law and this ordinance establish that certain land development activities require review and
approval by either the Town Board, Planning Board or Zoning Board of Appeals. This article applies to
all boards that have the authority to issue approvals for site plan reviews, special permits or variances.
The type of review (site plan or special permit) and the reviewing board for land development activities
is specified in the zone district or supplement regulations of this ordinance. Variances are issued by the
Zoning Board of Appeals.

A.     Standard Review Procedures for All Boards

       1.      Conceptual Review

               An applicant may request an informal review of a proposed concept prior to formal
               submission. Such reviews will be scheduled at the convenience of the reviewing board
               and summarized in the board minutes. Conceptual reviews are intended to assist the
               applicant and reviewing board in identifying important issues that may arise. Conceptual
               reviews are advisory.

       2.      Codes Compliance

               Prior or concurrent to filing a formal application, the applicant shall submit a copy of the
               proposal with supporting documentation to the Town Codes Enforcement Officer for a
               preliminary and advisory evaluation of compliance to the NYS Fire Prevention and
               Building Code and any other applicable town, county, state or federal codes. The Codes
               Enforcement Officer shall report the findings of this evaluation to the reviewing board, as
               required in Section V-6.A.7 below and shall report any potential areas of non-compliance.
                The reviewing board may require the applicant to state if any waivers of the NYS code or
               town requirements are to be sought or identify alternatives to resolve to the areas of non-
               compliance.

       3.      Filing

               a.       At least 10 days prior to a regularly scheduled board meeting the applicant shall
                        submit all documents required in Section V-4.d to the (Town Codes Enforcement
                        Officer/Town, Zoning, & Planning Board Secretaries/Town Clerk).

               b.       The Codes Enforcement Officer will record the date of filing, establish an official
                        file, include the proposal on the board agenda and distribute copies of the proposal
                        to the following: Board members, Board Attorney and Town Engineer.




                                                    -96-
                Town of Verona Zoning Ordinance Revisions Project
                         ZONING ORDINANCE – 2004

4.   Determination of Completeness and Official Submission Date (typically meeting #1)

     a.    The reviewing board at its regular meeting shall:

                    review the required submission documents,
                    determine that all materials have been provided pursuant to the ordinance
                    and determine that the information is clear and satisfactorily presented so
                    that it may be properly evaluated.

     b.    Pursuant to State Environmental Quality Review (SEQR), the reviewing board
           shall review the environmental assessment forms, determine the "type of action"
           (Type I, Unlisted), identify other involved agencies and establish a lead agency for
           purposes of SEQR. If the reviewing board is the lead agency, it shall evaluate the
           environmental assessment forms and make a determination of significance. If the
           reviewing board is not lead agency then it shall assist the lead agency, to the
           extent practical, in making the determination of significance.

     c.    When the reviewing board, pursuant to (this ordinance or its Rules of Procedure),
           has accepted the proposed submission and SEQR materials as complete, it will
           instruct the board secretary to record the date of board acceptance as the official
           submission date of the proposal. The proposed submission materials shall not be
           accepted as complete until the lead agency has, pursuant to SEQR, either made a
           negative declaration or has received and accepted for scope and content a Draft
           Environmental Impact Statement (DEIS).

     d.    Upon acceptance the reviewing board shall schedule a public hearing and/or
           formal review of the proposal and authorize transmittal of all referrals.

5.   Public Hearing and Notice

     a.    A public hearing, when required by NYS Town Law, shall be scheduled by the
           reviewing board following establishment of the official submission date of the
           proposal.

           1.       The Zoning Board of Appeals will hold a public hearing within a
                    reasonable period after the official submission date; non-substantial
                    modifications do not require a public hearing. When practical, the public
                    hearing shall be held within (31) days of the official submission date.

           2.       The Planning Board is not required to hold a public hearing for site plan
                    reviews; it must hold a public hearing for special permit proposals. If the
                    Planning Board is required to or decides to hold a public hearing it must be
                    within 62 days of the official submission date.




                                        -97-
              Town of Verona Zoning Ordinance Revisions Project
                       ZONING ORDINANCE – 2004

     b.     A reviewing board may hold a public hearing on any matter before it, even when
            not required by NYS Law or this ordinance, if it finds that public comment would
            facilitate its review.

     c.     Not less than 10 days prior to a required or optional public hearing, the reviewing
            board shall publish a public notice in the official newspaper designated by the
            Town Board and (OPTIONAL mail copies of the public notice to affected and
            adjacent property owners and/or require a sign to be posted on the site describing
            the proposal).

     d.     The reviewing board shall conduct the public hearing pursuant to [this ordinance
            or its Rules of Procedure] and applicable provisions of law. If applicable and to
            the extent practical, the public hearing on the proposal may be held concurrently
            with any public hearings that may be held pursuant to SEQR. The public hearing
            shall be closed when the reviewing board is satisfied that it has received adequate
            public input and when comments from advisory or mandatory referrals have been
            received, unless the allotted review time for the referrals has expired.

6.   Referrals

     Referrals to other agencies shall be made by the reviewing board after the official
     submission date is established. To the extent practical, the reviewing board will ensure
     that referrals are completed within the time prior to a public hearing, if held.

     a.     §239 (l & m) Referral

            The board shall refer a copy of the proposal to the Oneida County Department of
            Planning when a proposal is under county planning board jurisdiction established
            by NYS General Municipal Law §239 (l & m).

     b.     Advisory Referrals

            Following the official submission date, the reviewing board may send special
            notification or copies of the proposal to other agencies which may have a separate
            approval of the proposed development or which may contribute to the board's
            evaluation. Unless otherwise provided, all advisory referrals should be completed
            in 30 days and should be in written form. In the event an agency fails to respond
            in an timely manner the reviewing board may proceed without such advisory
            comments.

7.   Evaluation of the Site Plan and Documents - (typically meeting #2)

     a.     The reviewing board shall study the proposal in accordance with its applicable
            standards of review in a public meeting(s). The public hearing(s), if any, may be
            part of these meetings.



                                        -98-
                 Town of Verona Zoning Ordinance Revisions Project
                          ZONING ORDINANCE – 2004

     b.     The Codes enforcement Officer shall report to the board on the compliance of the
            proposal to applicable requirements of the NYS Uniform Fire Prevention and
            Building Code and the Town Zoning Ordinance, Town Subdivision Regulations
            and any other Town codes.

     c.     The applicant and/or professional representatives shall be available for questions
            or comments during the meetings when the proposal is to be discussed.

8.   Decision - (typically meeting #2 or #3)

     a.     The Zoning Board of Appeals shall render a decision to approve, approve with
            modifications or disapprove a proposal within sixty-two (62) days after the public
            hearing as required by NYS Town Law.

     b.     The Planning Board shall render a decision to approve, approve with modification
            or disapprove a proposal within sixty-two (62) days of the official submission date
            or after the public hearing, if held, as required by NYS Town Law.

     c.     Referrals and SEQR

            1.       If county planning board referral is required, the reviewing board shall act
                     consistent to the requirements of NYS General Municipal Law §239(m).

            2.       If a Draft Environmental Impact Statement (DEIS) has been required, the
                     board shall not act until a Final EIS and a findings statement has been
                     prepared and adopted pursuant to SEQR. When possible, the board may
                     adopt the findings statement concurrent with its decision on the proposal.

     d.     The reviewing board decision shall be a written resolution adopted pursuant to
            (this ordinance or its Rules of Procedure), recorded in the board minutes, the
            official file of the proposal, and in the offices of the Town Clerk.

            1.       The resolution shall summarize the reviewing board's evaluation and
                     findings and specify any modifications or conditions to be imposed upon
                     the proposal.

            2.       The reviewing board may require modifications to the project site plan and
                     establish conditions for its approval upon findings that such modifications
                     or conditions are necessary to improve compatibility within the
                     neighborhood, enhance provision of public services, minimize adverse
                     impacts upon the site or environmental resources, and address other
                     concerns raised from the advisory referrals or from the public comments.




                                          -99-
                      Town of Verona Zoning Ordinance Revisions Project
                               ZONING ORDINANCE – 2004

     9.     Building or Occupancy Permits

            a.      Within one year of approval of a variance, special permit or site plan review, the
                    applicant will apply for and obtain all necessary building, occupancy or other
                    town approvals necessary to use, enlarge, alter or change a property in
                    conformance to the conditions or modifications, if any, specified in the board
                    resolution.

            b.      No town permits or approvals shall be issued after one year, unless an extension
                    has been granted by the reviewing board.

     10.    Extension of review schedule or project approval

            a.      The schedule of board review may be extended upon mutual consent of the
                    applicant and the reviewing board.
            b.      For variances, special permits and site plans, the reviewing board may grant the
                    applicant not more than two (2) one year extensions to obtain a building permit or
                    certificate of occupancy. If the applicant fails to obtain the necessary permits or
                    approvals within the allotted time, the proposal must be reviewed and considered
                    as a new application.

B.   Modification to Approved Uses or Structures

     This section establishes standards of review for changes to a site that has been previously granted
     site plan, variance or special permit approval. No board review is required for changes within
     the standards of Section V-6.B.1 below, however the applicant will be responsible for building,
     occupancy or similar permits which may be necessary. Section V-6.B.2 establishes standards for
     other minor changes which must be approved, pursuant to Section V-6.C by the original
     reviewing board, or the board with current review authority. Any change exceeding the standards
     of Section V-6B.1 and B.2 shall be considered a substantial modification and must be approved
     as a new proposal pursuant to Section V-6.A of this article.

     1.     Non-substantial Modification - no board review

            The following changes or modifications to an approved variance, special permit or site
            plan do not require board review when found by the Codes Enforcement Officer to
            comply with the following:

            a.      Dangerous Condition

                    Removal or repair of a dangerous condition determined by an enforcement agency
                    that circumstances exist which, if not corrected, contribute a threat to life, health
                    or safety of the general public or such other persons for whose protection such
                    regulations were intended. Such determination may be verbal or in writing. The
                    term "enforcement agency" shall refer to any public agency or official having
                    jurisdiction to issue orders affecting the life, health and safety of persons within
                    the town.

                                                -100-
              Town of Verona Zoning Ordinance Revisions Project
                       ZONING ORDINANCE – 2004


     b.     Principal and Accessory Structures

            Routine repair, replacement or maintenance of electrical or mechanical
            installations, or of damaged or worn parts or surfaces, including repainting, facade
            repair and roof replacements.

     c.     Ownership

            Changes in ownership or management of an establishment, excluding a home
            occupation, which do not change the use of the property.

     d.     Lot Dimensions

            Any change or modification in title due to condemnation, if it does not
            substantially affect the approved site plan.

     e.     Parking

            Replacement or repair of existing pavement or painting of driveway and parking
            areas without altering the approved traffic pattern.

     f.     Landscaping

            Routine landscaping and plant replacement, establishment of new landscaped
            areas without altering the approved vehicular or pedestrian circulation and parking
            patterns; such changes should be consistent with any applicable controls in the
            approved plan concerning height, location, and visibility.

     g.     Screening Devices

            Repair or replacement, in kind, of existing screening devices.

     h.     Signs

            Repair or replacement, in kind, of existing signs including changes in text.

2.   Minor Modification - minor board review

     At any time during the conduct of a minor review, the reviewing board may determine the
     proposed modification(s) to be substantial and require a major review of the proposal.
     Any change or modification exceeding the standards of Section V-6.B.1 shall be subject
     to a minor review if the proposal meets the following conditions:




                                       -101-
              Town of Verona Zoning Ordinance Revisions Project
                       ZONING ORDINANCE – 2004

     a.     Principal and Accessory Structures

            Changes to interior floor plans, which do not expand the area of the principal
            building or result in any increase in required parking or loading.

     b.     Uses

            Change to a similar land use, change of the operation of the approved use, or
            change of the approval conditions which does not expand the area of the principal
            building, increase the required parking or loading space, or substantially increase
            the intensity of the use; this provision specifically excludes properties subject to
            use variances.

     c.     Lot Dimensions

            A subdivision of the site in conformance to the Town's subdivision regulations
            without altering the approved site plan of the use.

     d.     Parking

            Altering the layout of approved parking and loading areas without reducing the
            number of required spaces or changing the number, location and design of any
            driveways.

     e.     Landscaping

            Reduction in an approved landscaped area for altered parking, additional storage
            area or to alter drainage or snow storage capacity.

     f.     Screening Devices

            Changes in the size, composition or location of any required screening devices.

     g.     Signs

            Change in the size, location or number of approved signs without increasing the
            approved total sign area.

3.   Substantial Modification - major board review

     Any change or modification determined by the Codes Enforcement Officer or the
     reviewing board to exceed or not be applicable to B.1 and 2 shall be subject to review as a
     new proposal pursuant to Section A of this article.




                                        -102-
                      Town of Verona Zoning Ordinance Revisions Project
                               ZONING ORDINANCE – 2004


C.   Procedures and Submissions For Minor Modifications

     1.     The applicant shall submit to the reviewing board written and/or site plan materials
            adequately describing the nature of the proposed modification at least (5) days prior to
            regular meeting. The reviewing board shall normally be the board that originally issued
            the project approval unless the review authority has been transferred to a different board.

     2.     The reviewing board shall evaluate the nature and extent of the proposed modifications in
            its regular meeting; a public hearing is not required.

     3.     Upon finding that the proposed modifications are minor, the reviewing board shall act to
            approve, approve with modifications or disapprove the request.

     4.     Copies of the approved modifications shall be filed in the original official file and
            transmitted to the applicant.

D.   Submissions

     The following shall be submitted for all proposed variances, special permits and controlled site
     reviews.

     1.     Survey - showing property boundaries, existing buildings, and location and dimensions of
            easements and rights-of-way.

     2.     Existing Site Conditions Plan - may be prepared on a photocopy of the survey or on a
            plan comparable to proposed site plan showing buildings with dimensions and purpose,
            driveways, pavement areas, major trees with a circumference greater than (6) inches,
            contour elevation at no less than one and not more than five foot intervals, signs and any
            other improvements.

     3.     Proposed Site Plan - an original plan for the property at a scale of not less than 1" = 20'
            and not more than 1" = 100' showing all proposed changes to existing conditions,
            including any new buildings or improvements and contour changes.

            The site plan shall also include details for water supply and wastewater disposal, surface
            drainage, solid waste disposal, utility connection, fire hydrant locations; the plan shall
            also indicate location of driveways, parking, loading areas and paved pedestrian areas.




                                                -103-
              Town of Verona Zoning Ordinance Revisions Project
                       ZONING ORDINANCE – 2004

4.   Improvement Plans - The following detailed plans shall be submitted if deemed necessary
     by the Board to supplement the proposed site plan and will be submitted at a scale
     identical to the site plan unless otherwise specified by the Board.

     a.     Architectural plans: shall include floor plans and building elevations indicating
            building dimensions, interior use(s) and type of construction materials.

     b.     Engineering plans: shall include construction details on drainage, sewer and
            water systems, lighting and any mechanical or utility improvements to serve the
            site.

     c.     Landscaping plans: shall include details on type, composition and location of
            paving material; location, size and types of signage, location, number and type of
            plantings and fencing.

5.   Written information shall describe the proposed use(s), anticipated traffic volumes and
     parking and loading needs, anticipated construction and occupancy schedule, construction
     phase management of the site including erosion control, equipment storage, and security
     arrangements.

6.   SEQR information shall be on forms provided by the town; the board may, upon review,
     require a Draft Environmental Impact Statement (DEIS).

7.   Permits or approvals from other agencies for the proposed development shall be
     identified with the anticipated schedule of application.

8.   Supplemental Information - Upon review of the submissions the board may require
     information to be provided in greater detail or to submit additional material.

9.   Fees will be required according to the schedule established by the Town Board.




                                       -104-
                        Town of Verona Zoning Ordinance Revisions Project
                                 ZONING ORDINANCE – 2004


Article VI – ADMINISTRATION AND ENFORCEMENT

A.        Enforcement

     The provisions of this Local Law shall be enforced by the Codes Enforcement Officer, who shall
     have the power to make inspections of buildings and premises necessary to carry out his or her
     duties in the enforcement of this Local Law. The Codes enforcement officer shall have all the
     powers and duties prescribed in Town Code

B.        Codes Enforcement Officer

     1.      No building or structure or part thereof shall be created, enlarged, demolished,
             structurally altered or remodeled including any change, interior or exterior, in dimension,
             type of use or number or type of occupancy, until a permit has been issued by the Codes
             Enforcement Officer pursuant to this Local Law.

     2.      The Codes Enforcement Officer shall in no case grant any permit for any building or
             structure which does not comply with the provisions of this Local Law, and where
             approval of the Planning Board or the Zoning Board of Appeals is required, shall grant a
             building permit only upon written order of such Board.

     3.      Building permit application: The building permit application shall include a plan, in
             duplicate, showing the actual dimensions of the lot where the activity is to take place; the
             actual size and location on the lot of the building, structure, accessory buildings or other
             pertinent features (such as parking spaces, signs, landscaping) already existing; the
             location and other pertinent details of the work to be undertaken through the issuance of
             the permit; and other such information as shall be required by the Codes Enforcement
             Officer in order to conform with the provisions of this Local Law and the New York State
             Uniform Fire Prevention and Building Code.

     4.      Building permit statute of limitations: If no substantial construction has started on a
             project for which a building permit was issued within one year of the time of first
             issuance, then the Codes Enforcement Officer shall revoke the building permit and
             require that a new permit be issued for any subsequent activity.

     5.      The Codes Enforcement Officer, after approval by the Town Board, shall maintain a
             building permit fee schedule that shall accompany each building permit application.

     6.      Occupancy Certification: Upon completion of all work activity or any changes to a
             property covered by a permit or board review, the Codes Enforcement Officer shall
             certify on all copies of the building permit that the property is in conformance with the
             provisions of this Local Law.




                                                -105-
                     Town of Verona Zoning Ordinance Revisions Project
                              ZONING ORDINANCE – 2004


C        Planning Board

    1.      General Powers and Duties

    The Planning Board shall have all powers, duties and functions prescribed by the Town Law of
    the State of New York.

    Such Planning Board shall, consistent with Town Law, determine its own rules and procedures
    which, shall be filed with the Town Clerk.

    2.      Site Plan Review

    Pursuant to N.Y.S. Town law and subsequent amendments, the Planning Board is hereby
    authorized to review and approve, approve with modifications or disapprove site plans as
    provided in this Local Law. Before making its decision concerning a site plan, the Planning
    Board shall review and make findings with respect to the general findings and criteria set forth in
    Section V-2.

    3.      Special Permits (see also ZBA)

    Pursuant to N.Y.S. Town Law special permit uses as enumerated in this Local Law shall be
    permitted upon approval by the Planning Board if and when so designated by the Town Board,
    provided that such uses shall be found to comply with the requirements of this Local Law.
    Before making its decision concerning a special permit use, the Planning Board shall review and
    make findings with respect to the general findings and specific criteria set forth in Section V-3.

    4.      Conditions

    In approving any request for a site plan or special permit use, the determination may be modified
    or conditioned to guarantee performance in any way deemed reasonable under the circumstances.

    5.      Advisory Reviews

    A non-binding advisory review shall be conducted by the Planning Board on all changes to this
    local law, any special permits or variances. Advisory review for variances affecting one or two
    family dwellings is not required but a referral to the Planning Board may be made at the
    discretion of the Zoning Board of Appeals.

    All advisory reviews shall be by a vote of the Planning Board as regulated by the voting and
    quorum requirements of NYS Law and applicable Rules of Procedure; such findings shall be
    communicated in writing to the referring Board. Opinions dissenting from the majority view
    may also be submitted, in a written report.

    The Town Board and the Zoning Board of Appeals shall refer appropriate matters to the Planning
    Board as soon as practical and provide a minimum of thirty (30) days for the Planning Board to


                                               -106-
                     Town of Verona Zoning Ordinance Revisions Project
                              ZONING ORDINANCE – 2004

    review and formulate its written comments. Additional review time may be provided upon
    mutual agreement.

    The extent and nature of Planning Board comments is not limited; it may, at its discretion,
    recommend approval or disapproval of a proposal. The Board may also comment upon
    completeness of submitted material, impacts of a proposal upon Town policies, appropriateness
    to surrounding land use, elements of a site design and/or suggest mitigating measures to
    minimize impacts. The Planning Board comments shall be considered by the referring board and
    may be incorporated into final decision.

D        Zoning Board of Appeals

    1.      Creation, Appointment and Organization

    A Zoning Board of Appeals is hereby created by the Town Board in accordance with the
    provisions of N.Y.S. Town Law.

    Such Zoning Board of Appeals shall, consistent with NYS Town Law, determine its own rules
    and procedure, and all of its deliberations, resolutions and orders shall be in accordance with
    NYS Law.

    2.      Powers and Duties

    The Zoning Board of Appeals shall have all the powers and duties prescribed by Town Law and
    by this Local Law, are as specified as follows:

    a.      Interpretation

            After public hearing upon appeal from a decision by an administrative official, to decide
            any questions involving the interpretation of any provision of this Local Law, including
            determination of the exact location of any district boundary if there is uncertainty with
            respect to its location.

    b.      Variances

            After public hearing upon appeal from a decision by an administrative official, to vary or
            modify the strict application of any of the requirements of this Local Law in accordance
            with NYS Town Law.

    c.      Special Permit

            The Zoning Board of Appeals is authorized to issue approvals for uses enumerated as
            Special Permit Uses and it shall review and make findings with respect to the general
            findings and specific criteria set forth in Article V-3.




                                               -107-
                       Town of Verona Zoning Ordinance Revisions Project
                                ZONING ORDINANCE – 2004

     3.      Procedure

     a.      The Zoning Board of Appeals shall act in strict accordance with the procedure specified
             by NYS law and by this Local Law. All appeals and applications made to the Board shall
             be in writing, on forms prescribed by the Board. Every appeal or application shall refer to
             the specific provision of this Local Law involved, and shall exactly set forth the
             interpretation that is claimed or the details of the variance that is applied for and the
             grounds on which it is claimed that the variance should be granted.

     b.      Every decision of the Zoning Board of Appeals shall be by resolution, each of which shall
             contain a full record of the findings of the Board in the particular case.

E.        Town Board

     1.      Amendments and Establishment of New Zoning Regulations

     The Town Board may, from time to time, on its own motion, on petition or on recommendation
     of the Zoning and/or Planning Board amend, supplement, change, modify or repeal the
     regulations and provisions of this Local Law after public notice and hearing as provided by the
     NYS Town Law.

     Every proposed amendment or change, whether initiated by the Town Board or by petition shall
     be referred to the Zoning and /or Planning Board for report thereon before public hearing. If the
     Zoning and/or Planning Board shall fail to submit such report within thirty days after referral, or
     mutually agreed upon time extension, the Town Board may proceed to enact the proposed
     amendment or change without such report.

     2.      Special Authorizations

     The Town Board delegates its authority to issue Special Permit or Site Plan approvals to the
     Zoning Board of Appeals and Planning Board. It may upon amendment to this Local Law,
     reserve any or all such special authorizations to itself.




F.        Review Procedures



                                                -108-
                     Town of Verona Zoning Ordinance Revisions Project
                              ZONING ORDINANCE – 2004

            All Forms of Review

     a.     All applications for review shall be submitted in writing upon forms provided by the
            Town and shall include a survey of the property and any additional plans that graphically
            depict the scope of use and/or construction. Such plan may include preliminary
            construction drawings, floor plans, building elevations, site development plans,
            landscaping and utility plans, etc. All plans must be legible and true to scale. Extra
            copies may be required by the Town and shall be provided by the applicant.

     b.     The reviewing board shall review the plans for completeness and adequacy of information
            at a public meeting. If it finds that the submitted application form and supporting
            material is not sufficient, it will instruct the applicant to provide the necessary
            information.

     c.     The reviewing board, upon determining that the application is satisfactorily complete,
            shall review the environmental impacts of the proposal and make its findings pursuant to
            NYS State Environmental Quality Review Act, it may obtain advisory input from any
            agency, person or group it deems appropriate. It shall also refer the application to any
            agency required by law and schedule a public hearing, if necessary.

     d.     Upon receipt of comments and after a public hearing, if required, the review board shall
            in public meeting review the application, consider the comments received and vote its
            approval, approval with modifications or disapproval of the application.

     e.     A written resolution of the board decision shall be provided to the applicant, the Codes
            enforcement officer, Town clerk and to any interested party.

     f.     Enforcement of the terms of approval of a resolution shall be carried out by the Codes
            enforcement officer.

     g.     Informal review of an application in public meeting may occur at any time upon mutual
            consent of the applicant and reviewing board.

G.   Text Amendments/Interpretations

     Subject to the procedure outlined above except that a survey or plans may not be required.


                                      END OF DOCUMENT




                                               -109-

				
DOCUMENT INFO
Shared By:
Categories:
Stats:
views:36
posted:7/20/2011
language:English
pages:109