Milford Zoning Ordinance

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THE TOWN OF MILFORD, NEW YORK ZONING ORDINANCE

OTSEGO COUNTY, NEW YORK

ADOPTED 6-20-1991 Revised ordinance: 6-19-1994 9-17-1998 5-19-2005 7-19-2007 4-18-1996 5-18/2000 7-20-2006 11-28-2007 7-1-1997 1-16-2004 2-16-2007

ZONING ORDINANCE FOR THE TOWN OF MILFORD


ARTICLE 1 TITLE AND PURPOSE Section 1.1 Title This ordinance shall be known and may be cited as "The Town of Milford. New York Zoning Ordinance". Section 1.2 Purpose There is hereby established a comprehensive zoning plan for the unincorporated area of the Town of Milford which plan is set forth in text and map that constitute this ordinance. This plan is adopted in accordance with Sections 261, 262 and 263 of the Town Law in order to promote the public health, safety, morals and the general welfare of the town, to provide adequate light, air, and convenience of access, to prevent the overcrowding of land, to avoid undue concentration of population, to lessen congestion in the streets, to secure safety from fire, flood, panic and other dangers, and to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements, and to protect and preserve air, water and soil quality.. ARTICLE 2 DEFINITIONS Section 2.1 Meaning of Words Except where specifically defined by this article, all words used in this ordinance shall carry their customary meanings. Words used in the present tense include the future, and the plural includes the singular; the word "person" includes a corporation as well as an individual; the word "lot" includes the words "plot" and "parcel"; the term "shall" is always mandatory; and the word "used" or "occupied" as applied to any land or building shall be considered as though followed by the words "as intended, arranged or designed to be used or occupied". Section 2.2 Definitions Accessory Building: A detached building housing as accessory use. Accessory Use: A use customarily incidental and subordinate to the principal use and located on the same lot with such principal use of a building. Airport: Any portion of land specifically designed and continually used for the landing and taking off of aircraft. Alterations: As applied to a building or structure, means a change or rearrangement in the structural parts or in the existing facilities, other than repairs or an enlargement, whether by extending on a side or by increasing height, or the moving from one location or position to another. Animal Hospital: Structure for the care and treatment of animals. Architectural Value: A sum total of style, integrity or originality, antiquity and craftsmanship as they relate to structure of buildings. Area Regulation: The regulation of building size, setbacks or yards, parking and loading requirements and similar regulations, but excluding performance standards. Arrangement: The placement of materials into a harmonious order or into a correct or suitable sequence, relationship or adjustment.

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Auto Body Shop: The use of a parcel of land or any portion of a parcel of land, whether inside or outside a a building, for the replacement, repair or painting of all or a portion of auto body or bodies. Auto Showroom: A building for the display and sale of new and used motor vehicles as defined in the Vehicle and Traffic Laws of the State of New York. Basement: That floor of a building which has more than half of its height, measured from floor to ceiling, below the average established curb level or finished grade of the ground adjoining the building. Cellars are included in this definition. Bed and Breakfast: An establishment in a private dwelling that supplies temporary accommodations to overnight guests for a fee. Meals may or may not be provided. Boarding House: A dwelling in which rooms, with or without board, are offered for rent. Rooming houses and adult homes are included in this definition. Breweries: A building for the enclosed process of making alcoholic beverages, bottling, packaging and delivery, including the storage of plant owned vehicles. Building (Noun): Any structure having a roof supported by columns or by walls and intended for shelter, housing, or enclosure of persons, animals or chattels. Building (Verb): Any action upon a building, structure, or portion thereof which involves, and is limited to the following: construct, erect, relocate, extend, remove, demolish or structurally change. Building Coverage: That portion of a parcel occupied by a building as measured by the projection of the outermost walls to ground level. Building coverage is customarily expressed as a percentage of total parcel area. Building, Front Line of: The line of that face of the building nearest the front line of the lot. This face shall include bay windows. covered porches whether closed or unclosed, or any projections thereof, which are over fifty (50) square feet in floor area. Building, Height of: The vertical distance from the mean finished grade at the front line of a building to the horizontal projection of the highest structural part of the building. Building, Principal: A building in which the principal use of the lot, on which it is located, is conducted. Camp: Any parcel or parcels of land or water on which are located two or more cabins, tents, travel trailers, houseboats or other accommodations of a design or character suitable for seasonal or temporary recreational oriented occupancy regardless of whether such accommodations are actually occupied on a seasonal basis or otherwise (Boy Scout, Girl Scout, Children's Camps, etc). Camp Ground: A parcel of land used or intended to be used, let or rented for campers or for occupancy by or of trailers, tents or movable or temporary dwellings, rooms or sleeping quarters of any kind. Car Lot: A parcel of land for public selling or offering for sale of two or more vehicles at any one time. Center Line of Road: A line midway between and parallel to two property lines along any public highway right of way. Whenever such property lines cannot be determined, such line shall be considered as being midway between and parallel to the paved or improved surface of the road. Channel: A natural or artificial watercourse of perceptible extent with a definite bed and banks to confine and conduct continuously or periodically flowing water. Commercial Use: Businesses intended for the sale of retail goods or personal services. Commercial Laundry: A building or part of a building, not otherwise defined, and used for the cleaning of

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clothing or household goods for profit. Common Open Space: Any area reserved for use by patrons, customers, residents, or the general public, suitably landscaped and exclusive of building coverage, parking areas or driveways. Community Centers: A public or private building or structure for community use with no commercial activities being conducted therein. Condominium: An apartment building in which the apartments are owned individually. Day Camp: Land and facilities thereon designed to provide for the daytime care and instruction of children on a seasonal basis. Developer: Shall mean the legal owner or owners of all of the land proposed to be included in a development proposal. The holder of an option or a contract to purchase, a lessee having a remaining term of not less than twenty years, or other person having an enforceable proprietary interest in such land, shall be deemed to be a developer for the purpose of the law. Dog Kennel: A structure or land used for harboring, sheltering or boarding four or more dogs, over six months of age. Dwelling: A building used or designed exclusively as the living quarters of one or more families. Dwelling Unit: One or more rooms designed for occupancy by one family for cooking, living and sleeping purposes. Electrical Distribution Substation: A place with or without a building where equipment is assembled or placed and designed to receive energy from a high voltage distribution supply system, so as to convert it to a form suitable for local distribution and to distribute the energy to feeders through switching equipment designed to protect the service from the effects of faults. External Features: The architectural style and general arrangement of such portion of the exterior of a structure as it is visible from a public way. Facade: The vertical front or main surface of a building and all surfaces on the structure parallel or nearly parallel to said surface. Such surfaces include solid walls, doors and windows, and porches. Family: One or more persons occupying a dwelling unit and living as a single housekeeping unit. Farm: Any parcel of land which is used for the raising of agricultural products, livestock, poultry, dairy, fish farming and tree farming by a resident owner or tenant as a primary source of income. Farm Pond: As distinguished from swimming pool - any standing body of water used for the purposes of watering livestock, fish pond or wildlife marsh. Floor Area: The sum of the gross horizontal area of the several floors in any building including the basement of a building and its accessory buildings on the same lot, and including the area of roofed porches, roofed terraces, elevator shafts and stairwells (at each floor), attics and floor space used for mechanical equipment (where there is structural headroom of seven feet six inches or more). All dimensions shall be measured before exterior faces of walls. Floor Area Ratio: The total aggregate floor area of all buildings on a lot, divided by the area of such lot. Free-standing sign: Any sign not attached to or part of any building, but separately and permanently affixed by any other means, in or upon the ground. Included are pole signs, pylon signs, and masonry wall-type signs. Funeral Parlor: A building used for the preparation and ceremonies connected with the burial and/or cremation of the dead.

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Garage, Commercial: Any garage operated for gain, and which is used for storage, repair, sale, greasing, washing, servicing, adjusting, or equipping of motor vehicles, and/or for the retail sale of fuel for motor vehicle. Gasoline stations are included in this definition. Garage, Private: An enclosed space for the storage of one or more motor vehicles and within which space no business activity or industry connected directly or indirectly with motor vehicles is conducted. Garage Sales: The offering for sale of personal goods at the premises of any property. This definition shall also include, but not be limited to, the following: lawn, porch, barn. Grade, Mean Finished: The mean finished grade is the average grade level of the ground measured at the front wall of the building. Highway Right-of-Way: That line which measures the right-of-way of any road and which is established by the town, county or state agency having jurisdiction over the road. Home Occupation: An occupation or profession customarily conducted entirely within a dwelling which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof. The office of a physician, dentist, lawyer, architect, engineer, realtor, insurance agent or other professional person who offers skilled services to clients and is not professionally engaged in the purchase of sale of economic goods shall be deemed to be home occupation; and the occupations of seamstress, tailor, child care, barber, beautician, tutoring, the giving of music or dance instruction limited to two pupils at one time, and similar occupations shall be deemed to be home occupations. Occupations such as cabinet making, furniture repair, animal hospital or kennel, florist, auto repair shop, vehicle sales, restaurant, tavern, store, funeral home, mortuary, or other similar uses shall not be deemed home occupations. Furthermore: 1. No more than one-half of the floor area of the principal building shall be used for said home occupation; 2. In the conduct of said activity, no more than one person outside of the family residing on the premises shall be employed; 3. In the conduct of such activity, there shall not be any exterior storage of materials or equipment. Home Owners Association: A contract agreed to by two or more owners of homes in any area that provides regulations for the operation and maintenance of commonly owned facilities and/or open space. Hospital: Any building whose principal purpose is the diagnosis, treatment or care of human ailments or conditions. Primary care facilities, nursing homes, convalescent homes, clinics and like facilities are included in this definition. Hotel: A building or any portion thereof, which contains living and sleeping accommodations for transient occupancy and has a common exterior entrance or entrances, and which may also include dining rooms, kitchens, serving rooms, ballrooms, and other facilities and services intended primarily for the accommodation of the personal needs of its occupants. Junk Yard: See Town of Milford Junk Yard Ordinance. Landscaping: The act of altering or changing the natural features of a plot of ground (usually around a building) as by adding lawns, trees, bushes etc.. This definition does not include within the term altering such things as maintenance or replacement. Laundromat: A business premises equipped with individual clothes washing machines and dryers for the use of retail customers. Living Area: That area comprised of the enclosed occupied living accommodations within a residence, exclusive of basements, garages and open porches.

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Loading Space: An off-street space, area or berth, with an appropriate means of access to a street or way, intended for the temporary parking of a vehicle while loading or unloading merchandise or materials. Lot: A parcel of land separately recorded in the Otsego County Clerk's Office, or separately depicted on the Town Real Property Assessment Maps. Whenever two (2) or more principal buildings are located on a single lot, the area devoted to each principal building together with its accessory buildings and uses, yards and open space, shall be considered as a separate lot for the purpose of this ordinance. Lot Line: The established division line between different parcels of property. Lot, Corner: A double frontage lot where two or more sides are formed by intersecting street lines or their projections, and the interior angle of said lines is one hundred thirty-five (135) degrees or less. Lot, Depth: The mean horizontal distance between the front and rear lot lines measured along the median between the two (2) side lot lines. Lot, Front Line: The lot line abutting a public street or highway right-of-way. On corner or double frontage lots, this shall be the smaller of the lot lines abutting such rights-of-way, or the line abutting the street upon which a majority of adjacent lots front, whichever is more appropriate. Lot, Width: The mean horizontal distance measured at right angles to its depth along the front lot line. Manufacturing/Industrial: A specially zoned area used solely for the purpose of manufacturing goods or industrial uses. Mining: The removal of top soil or extraction of petroleum products or natural gas and/or underground minerals such as ores, rock, sand, or gravel, whether by drilling, tunneling or open pit methods. Mobile Home: A self-contained movable living unit capable of transportation on its own wheels on a public highway, and complying with the State building code for mobile homes. The removal of wheels or anchoring of a mobile home to a permanent foundation shall not exclude it from this definition. Mobile Home Park: Any parcel of land, with or without improvements, upon which five (5) or more mobile homes, used for dwelling purposes, are placed. Modular Home: A housing unit constructed off-site consisting of more than one segment and designed to be permanently anchored to a foundation and to become a fixed part of the real estate, and which meets all of the standards of the New York State Building Code. Motel: A building or series of buildings serving the same functions as a hotel, but providing separate outside entrances to individual or small groups of rooms. The term motel includes auto courts, motor courts, motor inns or lodges, and tourist cabins or courts. Motor Freight Station: An area or building used primarily for the maintenance and/or storage of trucks, tractor-trailer vehicles, and parts for tractor-trailer vehicles and industrial materials. Non-Conforming Building: A building or structure existing at the time of enactment of this law or as a result of amendments thereto, which does not conform to the regulations of the district or zone in which it is situated. Office Building: A building that is divided into offices, either singles or suites, for the transaction of business other than for mercantile or manufacturing purposes where merchandise is on display and offered for sale. Offices used for a professional business or for public or semi-public activities in whole or in part are included in this definition. Off-Premises Sign: A sign unrelated to a business or a profession conducted, or to a commodity or service sold or offered, upon the premises where such sign is located. Signs painted on or attached to

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vehicles driven or used by owners and/or employees of a business in the normal conduct of such business, and parked at the worksite, or parked overnight or over a weekend at the owners or employees private residence will not be considered to be an off-premise sign. Examples include contractors, electricians, utility or energy company vehicles, etc. Ordinary Maintenance and Repair: An action involving painting, roof repair and other similar minor repairs, not including structural alterations or architectural details. Parking Lot: Any space used for the storage of more than three (3) vehicles on a continuing basis, such space either being for hire or accessory to an existing building or use of land. Parking Space, Off-Street: An off-street area or berth, with an appropriate means of vehicular access to a street, intended for the temporary storage of vehicles. Plan: The design of a development, including a plat of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, private streets, ways and parking facilities. The phrase "provisions of the plan" when used in these regulations shall mean the written and graphic materials referred to in this definition. Plat: A plan for developing a piece of undeveloped property. Plot: See Parcel of Land definition. Portable Sign : A sign, whether on its own trailer, wheels or otherwise, designed to be movable and not structurally attached to the ground, a building, a structure or another sign. Private Swimming Pool: A pool constructed on a parcel of land designed to be used by the occupants of the lot excluding public or club use. Profession: A vocation, occupation or employment involving labor, skill, education, special knowledge and compensation for profit, but the labor and skill involved is predominantly mental or intellectual, rather than physical or manual. Public Utility Use: A building, structure or lot used for or in connection with the transmission, distribution or regulation of water, sewer, gas, electric, telephone or other public utility service. Public & Semi-Public Use: Land use or buildings under the auspices of a governmental unit, public agency or those involving public benefit or advantage; hospitals, schools, parks and recreational facilities, cemeteries, passenger stations, libraries, fire stations, public utility installation, government offices or facilities, philanthropic institutions, places of worship, community centers, day nurseries, and like uses are included in this definition. Rear-Yard Depth: The distance between the rear lot line and the nearest point of a principal building. Reconstruction: Reproducing by new construction the exact form and detail of a deteriorated or missing part. Recreational Areas: Land or structures designed for recreation of any groups. Residential District: Any zoning district within which a one family dwelling is permitted as a principal use. Restaurant: A building or portion of a building wherein food or beverages are available for on-site consumption including drive-in food service. Restoration: Rebuilding to approach as nearly as possible the original form by removing later work or replacing missing original work. Retail Store: Any building or permanent structure or portion thereof in which one or more services or one or more articles or merchandise are sold at retail, including department stores. Retail outlets in which minor manufacturing or processing are incidental to the sale of goods or services on the same premises are included in this definition.

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Road, Arterial: A street, road or highway designated as an arterial road on the Town Official Map, or constructed or proposed for construction, to arterial standards in compliance with the town subdivision regulations. Road, Collector: A street, road or highway designated as a collector road on the Town Official Map, or constructed or proposed for construction, to collector standards in compliance with the town subdivision regulations. Road, Local: A street, road or highway designated as a local road on the Town Official Map, or constructed or proposed for construction to local road standards in compliance with the town subdivision regulations. Roof Accessory: A structure that is a portion of, attached, or connected to the roof or top of a building, such as an ornamental element, spire, cupola, belfry, chimney, skylight, railing, communications antennae and accompanying equipment, and solar energy equipment. Scale: Harmonious relationship of parts to one another. Screening: Fences, bushes, or trees or other natural and/or artificial materials which partially or completely obscures the visual character of any given building or use of land. Service/Fraternal Organization: A group of people formally organized for a common purpose to pursue common goals, interests or activities, and usually characterized by formal written membership requirements, payment of fees/dues, regular meetings, and a constitution and bylaws. Shopping Center: A group of two (2) or more commercial uses, located in the same or separate buildings on a single lot, which also contains all or part of the required off-street parking for such uses, with common points of ingress and egress. Short-term transient rental: The rental or lease of any dwelling unit, for a period of thirty (30) days or less, to one entity. Maximum occupancy is limited to a maximum of two persons per bedroom, plus one person, unless further restricted by the Otsego County Code Enforcement Office. Side Yard Width: The distance between the side line of the lot and the nearest point of a principal building. Sign: Any material, structure or device designed and located primarily to inform or attract the attention of persons not on the premises on which the above is located, through the means of advertising, notices, or announcements. Sign Structure: The supports, uprights, bracing and framework for the sign. Sign Surface Area: The entire area within a single, continuous perimeter enclosing all elements which form an integral part of the sign. The structure supporting a sign shall be excluded unless the structure is designed in a way to form an integral background or part of the display. Double-faced signs, with each side identical in size and content, will be considered to be one sign, with each of the two sides subject to the maximum size permitted in the district in which the sign is located. Site Plan: A plan of a lot or subdivision on which is shown topography, location of all buildings, structures, roads, rights-of-way, boundaries, all essential dimensions and bearings and any other information deemed necessary by the Planning Board. Special District: An area with special land use restrictions. Special Permit Use: A use, which because of its unique characteristics, requires individual consideration through a review procedure established by the Planning Board, and may require certain conditions and safeguards before being permitted. Stable: A building or structure in which domestic livestock are housed.

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Street: Any public way dedicated to public vehicular traffic or otherwise acquired by a municipality for highway use purposes. Street shall be taken as synonymous with road or highway. Streetline: Limit of street or highway right-of-way line. For the purpose of this law, streetline shall be the highway right-of-way line. Structure: Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground. Swimming Pool: Any body of water or receptacle for water having a depth at any point greater than two (2) feet, used or intended to be used for swimming, and constructed, installed or maintained in or above the ground. A swimming pool shall be deemed a structure for all purposes under the provisions of this law. Texture: The visual or tactile surface characteristic and appearance of materials. Theater: A place of assembly for the showing of movies and the production of plays and special events. Town House: A two story single-family dwelling unit attached to another similar dwelling unit utilizing common open space and parking. Trailer: A movable living unit intended for temporary travel or vacation use with or without kitchen or sanitary facilities. Self-propelled recreational motor homes are included in the definition of trailer. Transient: Any person who travels from place to place away from his or her permanent address for vacation, pleasure, recreation, culture or business. Variance: Permission to depart from the literal requirements of this ordinance. Variance, Area: A departure from the area setbacks, frontage, coverage, size or other requirements of the applicable zoning district, or a departure from any provision of this ordinance besides use. Variance, Use: A variance granted for a use or structure that is not permitted in the zoning district. Warehouse: A building or portion thereof designed or used for the storage of merchandise, supplies, or other commodities. Wholesale Establishment: A building or buildings used as a wholesale distribution center. Yard: An open space on the same lot with a building, unoccupied and unobstructed from the ground upward except as otherwise provided herein. Yard, Front: The area lying between a road or street and the closest point of a principal building and extending from one side lot line to the other. The minimum front yard required by this ordinance shall be defined by a line parallel to a street or road at the specified distance established by the district regulations from the edge of the road. Yard, Rear: The area lying between the rear lot line and the closest point of a principal building and extending from one side lot line to the other. The minimum rear yard required by this ordinance shall be defined by a line parallel to a rear lot line at the specified distance therefrom, established by the district regulations. Yard, Side: The area lying between a side lot line and the closest point of a principal building and extending the full depth of the lot. The minimum side yard required by this ordinance shall be defined by a line parallel to each side lot line at the specified distance therefrom established by the district regulations.

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ARTICLE 3 DISTRICTS AND DISTRICT MAP Section 3.1 Districts The Town of Milford is hereby divided into the following classes of districts: R Residential RA Residential-Agricultural RAC Residential-Agricultural-Commercial SD Special District PDD Planned Development District MIManufacturing/Industrial District Section 3.2 District Map The aforesaid districts are bounded and defined as shown on a map entitled "Zoning Map of Town of Milford" adopted and duly certified by the Town Clerk, which map accompanies and with all explanatory matter thereon is hereby made a part of this ordinance. Section 3.3 Interpretation of District Boundaries Where uncertainty exists with respect to the boundaries of any of the aforesaid districts, as shown on the zoning map, the following rules shall apply: a. Where district boundaries are indicated as approximately following the centerlines of streets, highways, streams or railroads, such centerlines shall be construed to be such boundaries. b. Where district boundaries are indicated as being approximately follow lot line, such lot lines shall be construed to be such boundaries. c. Where district boundaries are so indicated that they are approximately parallel to the center lines of streets or highways, such district boundaries shall be construed as being parallel thereto. If no distance is given, such dimensions shall be determined by the use of the scale shown on the zoning map. d. If unsubdivided land or where a district boundary divides a plot in single ownership, the location of such boundary, unless the same as indicated by dimensions on the map, shall be determined by the use of the scale shown on the zoning map. Section 3.4 Highway Entrances The Town of Milford has adopted and incorporated by reference into these regulations the Policy and Standards for Entrances to State Highways Established by the New York State Department of Transportation. ARTICLE 4 APPLICATION OF REGULATIONS Section 4.1 General Application Except for farm buildings or structures and as hereinafter provided, no building, structure or land shall hereafter be used or occupied and no building or structure, or parts thereof, shall be erected, relocated, extended, enlarged, or altered except in conformity with the permitted use, height, area, and off-street parking regulations specified for the

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district in which it is located. Section 4.2 Required Lot Area and Yards Cannot Be Reduced No lot area shall be reduced or diminished so that the yards or other open spaces thereon shall be smaller than prescribed by this ordinance, nor shall the density of population be increased in any manner except in conformity with area regulations herein established. If, at the time of adoption of this ordinance (or of any amendment thereof increasing the area or open space requirements) the lot area or required open spaces are less than the minimum required by this ordinance, such area or open space shall not be further reduced. Section 4.3 Duplicate "Credit" for Yards Not Allowed No yard provided on one lot for the purpose of complying with the provisions of this ordinance shall be considered as providing a yard required on any other lot. Section 4.4 Equivalent Uses In the case of a use which is not listed as a permitted use in any district, the following procedure shall apply: the Zoning Officer shall refer the matter to the Town Planning Board for an interpretation as to whether the proposed use is an equivalent to a permitted use in a particular district. The Planning Board shall report its findings to the Town Board and, if these findings are positive, make a recommendation that this ordinance be amended to list said equivalent use as a permitted use in the appropriate zoning district. In no case shall a building permit be issued for an equivalent use until the ordinance has been amended to permit such equivalent use in the appropriate zoning district. Section 4.5 Interpretation, Conflict With Other Laws In their interpretation and application, the provisions of this ordinance shall be held to be minimum requirements, adopted for the protection of the public health, morals, safety, or the general welfare. Whenever the requirements of this ordinance are at variance with the requirements of any other lawfully adopted rules, regulations, or ordinances, the most restrictive, or that imposing the higher standards, shall govern. Section 4.6 State environmental Quality Review (SEQR) All site plans, special permits and use variances require, at a minimum, the completion of an environmental assessment form to comply with Article 8, part 617 of Title 6 of the New York State Code of Rules and Regulations. Said forms shall be completed and presented to the Planning Board and/or Zoning Board of Appeals as part of the application process. ARTICLE 5 RESIDENTIAL DISTRICT REGULATIONS Section 5.1 Permitted Principle Uses a. Limited to one family dwellings. b. Church or similar places of worship, parish houses, convents. c. Public parks and playgrounds, golf courses and similar recreational areas not operated for gain. d. Public schools or non-profit private schools accredited by the New York State Department of Education. e. Public libraries. f.. Any land or building used by the Town of Milford or the County of Otsego for administrative purposes, water supply, sewerage facilities, fire or police stations. Section 5.2 Special Permitted Uses

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a. Short-term transient rentals. (See 14.7 c) Section 5.3 Permitted Accessory Structures and Uses a. Private garage or parking space (see also Article 15 for required off-street parking regulations). b. Offices of a resident doctor, dentist, physical therapist or chiropractor subject to the following conditions: 1. Such offices shall be located within the dwelling. 2. Not more than one additional person shall be permitted to practice on said premises and then, only in the capacity of an assistant to the professional occupant. 3. A minimum of five (5) off-street parking spaces shall be provided for patients, exclusive of driveway and private garage. c. Home occupations as defined in Article 2 of this ordinance. d. The keeping of not more than three (3) roomers, lodgers, or transient guests. e. Quarters for servants employed upon the premises. f. Private stable, providing the area of the lot is one acre or more. g. Building for private horticultural purposes. h. Private family swimming pool provided it is confined to area in the rear of the front setback line. i. Signs: See Article 16 Section 5.4 Minimum Area Requirements a. Lot area: 43,560 square feet. b. Lot width at building line: 1. 75 feet where a lot is served by a sewer 2. 100 feet where a lot is not served by a sewer. c. Front yard depth: 50 feet from the edge of the right-of-way on State and County roads and 25 feet on all others. d. Side yards: 10 feet minimum side yard on each side. e. Rear yard: Minimum setback of 10 feet from your property line. Section 5.5 Maximum Height of Principal Building a. Two and one-half stories not to exceed thirty (30) feet. b. Roof accessories shall not be included in determining the height of a residential building. e. Roof accessories are subject to the following restrictions: i. they are not for human occupancy; ii. their height does not exceed twenty (20) percent of the height of the building; iii. they do not exceed twenty (20) percent of the total roof area; iv. they are located away from the edge of the building a distance at least equivalent to the height of the accessory, except for a railing, which must be no greater than four (4) feet, regardless of the height

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of the building; v. communications antennae and accompanying equipment must be located as close to the center of the roof as possible, and screened from view to the maximum extent possible without reception, from the street frontage of the property. ARTICLE 6 RESIDENTIAL-AGRICULTURAL DISTRICT REGULATIONS Section 6.1 Permitted Principal Uses a. Any use permitted and as regulated in the R District, and two, three and four family dwellings. b. Agricultural, floriculture and horticultural pursuits, including but not limited to general farms, greenhouses, plant nurseries, truck gardens, dairies, and the raising of bees, poultry and livestock, together with all customary buildings and other structures necessary for the production and storage of the products of such pursuits. c. Tree farming. d. Animal hospitals, riding stables, and the keeping of small animals, including fur-bearing animal farms provided however, that buildings, pens, or runways for the confinement of animals be at least one hundred (100) feet from any adjoining property line. The above distance restriction shall not apply to pasture or exercise tracks for horses. e. Private wildlife reservations or conservation projects including the usual buildings therefore. f. Cemeteries, including mausoleums provided that mausoleums shall be a distance of at least two hundred (200) feet from any streetline and any adjoining residential district, and that any new cemetery shall contain a single contiguous area of at least fifteen (15) acres. g. Mobile homes. h. Bed and Breakfasts i. Golf courses Section 6.2 Special Permitted Uses 1. On the obtaining of a special permit from the Planning Board and with the provisions of Article 12 the following uses: a. Mobile home parks (see also Article 13). b. Gun clubs. c. Gravel pits. d. Mining and excavation under 1,000 tons per year (see explanation in Section 7.2 .a.4). e. Short-term transient rentals. (See 14.7 c) 2. On the obtaining of a special permit from the Planning Board and with the provisions of Article 12, and subject to the requirements listed immediately below, the following uses: a. Woodworking and/or cabinetmaking shop of 1200 square feet maximum size. b. Commercial garage of 1500 square feet maximum size. c. Artist studio of 1000 square feet maximum size. d. Metal-working shop of 1000 square feet maximum size.

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The following requirements for above uses a through d are in addition to or in place of requirements listed in Section 6.4 or elsewhere in the ordinance: 1. All work must be performed in an enclosed building. No activity shall be conducted out of doors. 2. Work shall be limited to the hours of 8 a.m. to 8 p.m. 3. Minimum lot area: 1 acre. 4. Setbacks: Front yard: 50 feet from the edge of the right of way of all roads. Side yards: 20 feet minimum of each side. Rear yard: Minimum of 20 feet from rear property line. Section 6.3 Permitted Accessory Structures and Uses a. Same as permitted and regulated in the R District. b. Temporary use permits may be issued for the display and sale of agricultural products not grown on the premises, if approved by the Town Planning Board. Any stand used for the display and sale of such products shall not contain more than two hundred (200) square feet of floor space and shall be set back at least twenty (20) feet from the streetline. c. Signs: See Article 16 Section 6.4 Minimum Area Requirements a. Lot area: 43,560 square feet, but not less than 21,780 square feet per dwelling unit. b. Lot width at building line: 100 feet. c. Front yard: 50 feet from the edge of the right of way on State and County roads and 25 feet on all others. d. Side yards: 20 feet minimum side yard on each side. e. Rear yard: Minimum setback of 20 feet from rear property line. Section 6.5 Maximum Height a. Residential Building located on a lot less than 217,800 square feet: Two and one-half stories, not to exceed thirty (30) feet. b. Residential Buildings located on a lot 217,800square feet or more: Two and one-half stories, not to exceed thirty-five (35) feet. c. Farm structures: no limit. d. Roof accessories shall not be included in determining the height of a residential building. e. Roof accessories are subject to the following restrictions: i. they are not for human occupancy; ii. their height does not exceed twenty (20) percent of the height of the building; iii. they do not exceed twenty (20) percent of the total roof area; iv. they are located away from the edge of the building a distance at least equivalent to the height of the accessory, except for a railing, which must be no greater than four (4) feet, regardless of the height of the building;

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v. communications antennae and accompanying equipment must be located as close to the center of the roof as possible, and screened from view to the maximum extent possible without reception, from the street frontage of the property. ARTICLE 7 RESIDENTIAL-AGRICULTURAL-COMMERCIAL DISTRICT REGULATIONS Section 7.1 Permitted Uses All commercial uses require site plan review and a special permit. All permitted uses require a special permit. (Refer to Article 12.) a. Any use permitted in the R or RA districts. b. The following uses in an enclosed building: 1. Customary retail stores 2. Personal service shops 3. Restaurants and other eating places 4. Hotels, banks, and offices 5. Undertaking establishment (mortuary or funeral home) 6. Commercial recreation establishments 7. Automobile sales and boat sales 8. Public garages and motor vehicle repair shops 9. Laundry and dry cleaning plant 10. Wholesale business and storage 11. Shops for custom work such as woodworking, plumbing and electrical trades, and the making of articles for sale on the premises, provided that: a) only light machines and hand tools are used in connection therewith, and b) no operation or activity is so conducted as to be noxious or offensive to any adjacent occupant. 12. Building material supply and incidental millwork 13. Monument works 14. Feed and solid fuel storage 15. Contractors small equipment storage 16. Gasoline service station provided that any repairing (except for emergency repairing or storage of vehicles waiting to be serviced with fuel, lubricants, or antifreeze) shall be within an enclosed building. 17. Farm implement sales, service and rental, provided such implements are stored within a fenced area. 18. Used car lots, or new car lots. 19. Service buildings and storage yards, when enclosed by a fence, for public utilities and public agencies. Section 7.2 Special Permitted Uses a. On the obtaining of a special permit from the Town Planning Board within the provisions of Article 12, the following uses are special permitted uses: 1. 2. 3. 4. Mobil home parks (see also Article 13) Gun clubs Gravel pits Mining and excavation of under 1,000 tons per year (Note: Mining and excavation resulting in over 1,000 tons of material displaced per year requires a permit from the New York State Department of Environmental Conservation. The Planning and/or Town Board may request to see the application for said permit and request hours of operation to the DEC, but all regulations of such rests with the State. Such uses are allowed in the RAC and R/A Districts with a permit from DEC.) Customary retail stores Personal service shops Restaurants and other eating places Hotels, banks, and offices Undertaking establishment (mortuary or funeral home)

5. 6. 7. 8. 9.

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10. 11. 12. 13. 14. 15. Commercial recreation establishments Automobile sales and boat sales Public garages and motor vehicle repair shop Laundry and dry cleaning plant Wholesale business and storage Shops for custom work such as woodworking, plumbing, and electrical trades, and the making of articles for sale on the premises, provided that: a) only light machines and hand tools are used in connection therewith, and b) no operation or activity is so conducted as to be noxious or offensive to any adjacent occupant Building material supply and incidental millwork Monument works Feed and solid fuel storage Contractors small equipment storage Car wash Multiple uses per lot, but only those uses enumerated in Article 7 Short-term transient rentals. (See 14.7 c) Service/Fraternal Organizations

16. 17. 18. 19. 20. 21. 22. 23.

Section 7.3 Minimum Area Requirements a. Lot area: 43,560 square feet. b. Lot frontage: 100 feet. c. Front yard: 75 feet from the edge of the right of way. d. Side yards: 25 feet minimum side yard on each side. e. Rear yard: 25 feet to boundary line. f. Maximum lot depth: 1,100 feet from the edge of the right of way. Section 7.4 Maximum Height a. Two and one-half stories not to exceed thirty (30) feet. b. Roof accessories shall not be included in determining the height of a residential building. c. Roof accessories are subject to the following restrictions: i. they are not for human occupancy; ii. their height does not exceed twenty (20) percent of the height of the building; iii. they do not exceed twenty (20) percent of the total roof area; iv. they are located away from the edge of the building a distance at least equivalent to the height of the accessory, except for a railing, which must be no greater than four (4) feet, regardless of the height of the building; v. communications antennae and accompanying equipment must be located as close to the center of the roof as possible, and screened from view to the maximum extent possible without reception, from the street frontage of the property. Section 7.5 Permitted Accessory Structures and Uses a. Signs: See Article 16

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ARTICLE 8 SPECIAL DISTRICT Section 8.1 Permitted Uses a. The Special District shall be restricted to one family dwellings and their accessory structures only. b. Trees may be removed only to the extent necessary to clear an area for the construction of the dwelling and its accessory structures and areas immediately adjacent thereto, as well as for suitable means of ingress and egress from the nearest street or right of way. c. No trees larger than four (4) inches in diameter may be removed within fifty (50) feet of the shoreline. d. The access road to these parcels shall be built to connect building lots at the farthest feasible point from the lake. e. All utility lines must be underground (i.e. electric, telephone, tv cable, etc.). f. Subject to DEC approval, docks shall extend no more than twenty (20) feet into the lake and be no wider than eight (8) feet. g. Each lakefront parcel shall have only one dock for private use only. h. No form of commercial activity, or any form of home occupation may take place. i. All of the requirements and restrictions of the Special District shall be written into each deed. Section 8.2 Minimum Area Requirements a. No parcel shall consist of less than three and one-half (3.5) acres, not shall any lot be further subdivided. b. No structures shall be built within one hundred-fifty (150) feet of the mean lake shoreline. c. Front yard: 50 feet (excepting lakefront lots - see 8.2.b). d. Rear yard: 50 feet (excepting lakefront lots - see 8.2.b). e. Side yards: 25 feet (excepting lakefront lots - see 8.2.b). f. Lot width at building line: 100 feet. Section 8.3 Maximum Height a. Not to exceed thirty (30) feet or two and one-half stories. b. Roof accessories shall not be included in determining the height of a residential building. c. Roof accessories are subject to the following restrictions: i. they are not for human occupancy; ii. their height does not exceed twenty (20) percent of the height of the building; iii. they do not exceed twenty (20) percent of the total roof area; iv. they are located away from the edge of the building a distance at least equivalent to the height of the accessory, except for a railing, which must be no greater than four (4) feet, regardless of the height of the building; v. communications antennae and accompanying equipment must be located as close to the center of the roof as possible, and screened from view to the maximum extent possible without reception, from

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the street frontage of the property. Section 8.4 Signs See Article 16 ARTICLE 9 PLANNED DEVELOPMENT DISTRICT Section 9.1 Permitted Uses a. Any use or combination of uses otherwise permitted by this ordinance. Combination of uses shall be permitted only upon demonstration of compatibility in the form of screening buffer strips, and performance standards specified in this ordinance and approval of a site plan complying with the standards set forth in Article 12. Section 9.2 Lot Area, Yard and Height Regulations a. Minimum district area: 10 acres. b. Minimum frontage on a public street: 200 feet. c. Minimum front yard set back: 100 feet. d. Minimum setback from lot lines other than front lot line: 100 feet. e. Maximum building height: 35 feet. Section 9.3 Accompanying Requirements a. All lands within a PDD shall be held in single ownership or other form that assures development of the entire district in accordance with a single approved plan. b. All lands within a proposed PDD shall be shown upon a plan which: 1. Shows how various types of uses will be screened from one another upon the site; 2. Shows the relationship of proposed development to all adjacent development. c. A community impact statement shall be prepared to accompany any such plan. The community impact statement shall contain: 1. An analysis of the cost of any direct public improvements related to site development 2. A statement of anticipated town and special development district tax revenue as a result of the project 3. A statement of the anticipated impact of the proposed development upon public facilities such as highways, school parks, fire protection, water supply and sewage disposal, police services, sanitary landfills and health care facilities 4. An analysis of the anticipated economic impact of the proposed development upon local employment, housing market, residential and non-residential property and building values, including the rate of occupancy of existing residences and commercial and industrial structures. d. Upon finding that the proposed development will benefit the community as a whole, and it is consistent with community plans, the development plan may be approved. Development within the PDD shall be limited to the type, size and location shown on the development plan. Uses and structures not shown on the approved development plan shall be considered as being prohibited. e. The approval of a use in one PDD does not imply approval of such use in any other PDD, nor does approval of a use or uses in one PDD in any way limit the types of uses that may be permitted in other Planned Development Districts. f. Land usage permits shall be required for all new construction.

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g. All land uses and structures shall be subject to all applicable general regulations of this ordinance. Section 9.4 Signs See Article 16 ARTICLE 10 MANUFACTURING/INDUSTRIAL DISTRICT a. The following uses shall be special permitted uses upon obtaining site plan approval from the Planning Board: 1. Research laboratories 2. Weaving and clothing manufacture 3. Manufacturing and assembly plants 4. Lumber and building supply sale and storage 5. Bottling works 6. Warehousing, truck or railroad terminal 7. Accessory use to any permitted use 8. Breweries 9. Building materials processing 10. Animal matter processing 11. Petroleum processing and storage 12. Chemical processing and storage 13. Junk yards 14. Mining and excavation b. Lot Area, Yard and Height Regulations: 1. Minimum lot area: 87,120 square feet 2. Minimum frontage on a public road: 100 feet 3. Minimum front yard setback: 75 feet 4. Minimum side yard width: 25 feet minimum side yard each side 5. Minimum rear yard depth: 25 feet 6. a. Maximum building height: 35 feet. b. Roof accessories shall not be included in determining the height of a residential building. c. Roof accessories are subject to the following restrictions: i. they are not for human occupancy; ii. their height does not exceed twenty (20) percent of the height of the building; iii. they do not exceed twenty (20) percent of the total roof area; iv. they are located away from the edge of the building a distance at least equivalent to the height of the accessory, except for a railing, which must be no greater than four (4) feet, regardless of the height of the building; v. communications antennae and accompanying equipment must be located as close to the center of the roof as possible, and screened from view to the maximum extent possible without reception, from the street frontage of the property. c. Special Regulations: 1. Land usage permits shall be required for all new construction 2. All uses permitted in this district shall be subject to the site plan requirements of this ordinance. d. Signs: See Article 16 ARTICLE 11 CLUSTER DEVELOPMENT The Town Planning Board may modify applicable provisions of these zoning regulations simultaneously with the approval of a subdivision plat(s), however, such authorization shall be subject to the following conditions: a. The owner of the land being subdivided desiring this modification, shall notify the Planning Board of his intent when applying for subdivision approval. b. The Planning Board, before modifying requirements, shall find that such modification would be

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consistent with the intent of this authorization and in the Board's judgment, beneficial to the interest of the town and the neighborhood in which the subdivision is to be located. c. The application of this procedure shall result in a permitted number of lots or dwellings, units which shall not exceed the number which, in the board's judgment, could be permitted if the land were subdivided in conformance with the requirements applicable to the district in which the subdivision is to be located. d. If as a result of this procedure, lands are made available for common open space or public use, such lands shall be clearly indicated on the subdivision plat. e. Any lot created by clustering shall not be less than 50% of the minimum size allowed in the district in which it is created. Other bulk regulations (lot width, front yard, side yard, rear yard, etc.) shall also not be less than 50% of the minimum allowed in the district. ARTICLE 12 SITE PLAN REVIEW APPROVAL AND SPECIAL PERMITS Section 12.1 Site Plan Review Site Plan Review shall be required for all special permit uses. Site plan and special permit review shall be undertaken by the Planning Board simultaneously. a. Upon application for any permit, certificate or license, the Zoning Enforcement Officer shall determine if site plan approval is required under this ordinance. b. Upon submission of a site plan for review, the Zoning Enforcement Officer shall determine that all information required by this ordinance is depicted thereon or contained in accompanying documents. He shall notify the applicant of any additional information required, or that the site plan is complete, within seven (7) days of its submission to him. If the site plan is complete, he shall refer said site plan to the Town Planning Board for review. c. Within sixty-two (62) days of receipt of a completed site plan, the Town Planning Board shall review same, and approve, approve with changes, or disapprove the site plan application. Failure of the planning board to act within sixty-two (62) days shall constitute approval unless the applicant and planning board mutually agree to extend this time limit. d. Upon approval or approval with changes, the applicant shall prepare six (6) copies of the approved site plan with the Enforcement Officer who shall then issue the appropriate building permit. One (1) copy of the approved site plan shall be filed with the Town Clerk. e. Upon completion of the work depicted upon the site plan, the Zoning Enforcement Officer shall make a field inspection, noting on one (1) copy of the approved site plan, compliance between the site plan and actual development, and shall submit the same to the Town Planning Board. No performance bond or other surety shall be released and no certificate of occupancy issued unless or until the Planning Board is satisfied that actual development is in substantial compliance with the approved site plan. f. Whenever a site plan is submitted for a planned development for which a zone change is required, approval by the Town Planning Board shall be made conditional upon the granting of a change of zone by the Town Board, and all time limits upon review and approval herein specified shall be waived. In such an instance, however, review of a site plan by the Planning Board may be made at the same time as it prepares its advisory report to the Town Board. g. Except as may be waived by the Planning Board, all site plans required under this ordinance shall include the following information presented in drawn form or accompanied by a written text: 1. A survey of the property showing boundaries and existing features including topographic contours, buildings, structures, trees of over eighteen (18) inch circumference measured at chest height, streets, utility easement, rights-of-way and land use

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2. The location of all proposed buildings and land use areas, showing floor area and location of vehicular and pedestrian entrances 3. The proposed traffic circulation, parking and loading areas and pedestrian walks 4. The landscaping plans, including site grading and plant materials. Finished grade elevations shall be shown at not greater than two (2) ft. contour intervals 5. The preliminary architectural drawings for all buildings to be constructed 6. The preliminary engineering plans, including street improvements, drainage system, and utility connections showing the method of water, telephone, and electrical service, and storm water and sewage disposal 7. A description of proposed uses, construction sequence and time schedule for completion of each phase of construction 8. Engineering feasibility study of any anticipated problem which might arise 9. Description of proposed uses, including hours of operation and expected number of employees, volumes of business and volumes of traffic generated 10. If a lot has not been recently divided with acceptable percolation and deep-hole tests the Planning Board may require 2 percolation tests and 1 deep-hole test, conducted by a licensed engineer, for approval. h. Upon finding that any of the items listed above is unnecessary for adequate review of any proposal, the Planning Board may waive such requirement. If the Planning Board finds that additional information is necessary to insure adequate review, it shall specify such information to the applicant, and such additional information shall be required as described above. i. Public Hearing: The Planning Board may conduct a public hearing of the site plan. If it is determined that a public hearing is desirable, than such public hearing shall be conducted within sixty-two (62) days of the receipt of the application and within five days of public notice. j. Site Plan Review: Prior to rendering a decision, the Planning Board shall review the site plan, public hearing comments, and supporting data and take into consideration the following: 1. Harmonious relationship between proposed uses and existing adjacent uses 2. Maximum safety of vehicular circulation between the site and the street 3. Adequacy of interior circulation, parking and loading facilities with particular attention to pedestrian safety 4. Adequacy of landscaping and setbacks to achieve compatibility with , and protection of, adjacent residential uses 5. Factors deemed necessary by the Planning Board for the health, safety, and welfare of the public. The Planning Board may require changes or additions in relation to yards, driveways and landscaping to insure safety, to minimize traffic difficulties, and to safeguard adjacent properties. Should changes or additional facilities be required by the Board, final approval of site plan shall be conditional upon satisfactory compliance by owner with the changes or additions. Any owner wishing to make changes in an approved site plan shall submit a revised site plan to the Planning Board for review and approval. k. Decision: The Planning Board shall, within 62 days of the public hearing, if one is held, or within 62 days of the date of the meeting at which the site plan and supporting data were submitted, either approve, approve with conditions, or disapprove the site plan. The decision shall be in writing to both the applicant and the Zoning Enforcement Officer. l. Performance Bond as a Condition of Site Plan Approval:

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The Planning Board may require, as a condition of site plan approval, that the owner file a performance bond in such amount as it determines to be in the public interest, to ensure that the proposed development will be built in compliance with the accepted plans. Section 12.2 Special Permits The Planning Board shall administer the review and granting of special permits. All special permits shall require site plan review. a. The application for a special permit shall be accompanied by a fee as set by the Town Board schedule of fees, three sets of preliminary plans, and/or other descriptive matter to clearly portray the intentions of the owner. Such plans shall show locations of all buildings, parking, traffic access and circulation drives, open spaces, landscaping. all existing structures and usages within 200 feet of the site boundaries, and other information necessary to determine if the proposed special use meets the requirements of this ordinance. b. A public hearing shall be held within 62 days of receipt of a complete application. c. The Planning Board shall render a decision, at its regular or special meeting, either approving, approving with conditions, or denying a special permit application, within 62 days of the public hearing. d. A special permit shall be construed to be authorization for only one particular special use and shall expire if the special use shall cease for more than six months for any reason. Special uses inherently of a seasonal nature, including, but not limited to, nature centers, campgrounds, recreation areas, and roadside stands shall have a period extended to 12 months prior to expiration of special permits. e. Standards Applicable to all Special Permit Uses: All special uses necessarily require site plan review. Special permits shall be granted if the following conditions are met: 1. Location, use and size of structure, nature and intensity of operations involved, size of site in relation to it, and location of site with respect to existing or future streets, giving access, are such that it will be in harmony with orderly development of the district. 2. Location, nature and height of buildings, walls, fences and signs will not discourage the appropriate development and use of adjacent land and buildings or impair their value. 3. Special use shall not conflict with the Comprehensive Plan [Suggests a CP does exist?] 4. Operation of any special use shall not be more objectionable to nearby properties by reason of noise, fumes, vibration, or flashing lights than would be the operation of any permitted use. 5. Necessary provisions have been made to assure that all surface runoff to adjacent properties does not exceed levels in existence prior to construction 6. Solar access of adjacent properties is not obstructed by said use 7. All State Environmental Quality Review requirements have been met. No special permit shall be issued for a use on a property where there is an existing violation of this ordinance or other town law or regulation. A special use shall be deemed to authorize only one (1) particular special use and shall expire if the special use shall cease for more than six (6) months for any reason. f. Any special use or site plan (or use variance) that would occur on property within an agricultural district containing a farm operation or on property with boundaries within five hundred feet of a farm operation in an agricultural district must submit an "agricultural data statement" with its application. This statement shall include the name and address of the applicant, a description of the proposed project and its location, the name and address of any landowner within the agricultural district whose land contains farm operations and who is located within five hundred feet of the boundary of the property upon which the project is proposed and a tax map or other map showing the site of the proposed project relative to the location of farm operations identified in the agricultural data statement.

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ARTICLE 13 MOBILE HOMES Section 13.1 Mobile Homes Located Outside of Mobile Home Parks A land use permit for the use of a mobile home in the Town of Milford shall be issued only when, in addition to meeting all requirements set forth in other parts of the Zoning Ordinance, such mobile home meets all of the following requirements: a. Each mobile home shall bear a data plate affixed in the manufacturing facility bearing the following statement: "This mobile home is designed to comply with the Federal mobile home construction and safety standards in force at the time of manufacture.". b. Each mobile home shall be set upon a foundation as described and required by the New York State Uniform Fire Prevention and Building Codes. c. Minimum Area Requirements: 1. 2. 3. 4. Minimum lot size of one acre or 43,560 square feet Front yard setback of at least 50 feet Side yard: 50 feet minimum side yard each side Rear yard: 25 feet

d. Each mobile home shall have at least five hundred (500) cubic feet of accessory storage space either in the basement below the mobile home or in an unattached accessory building. Section 13.2 Land Usage Permit Applications for land usage permits can be obtained from the Town Clerk for the Town of Milford. Each mobile home land usage permit application shall contain a sketch showing the following: a. Lot dimensions b. Setbacks c. Proposed location of the mobile home on the lot d. Location of all other structures on the premises e. Description of the foundation f. Location and layout of the components of the septic system g. Location of off-street parking areas of at least four hundred (400) square feet. Section 13.3 Non-Conforming Mobile Homes Any person, partnership, association, joint venture or corporation who violates any provision of this local law shall be guilty of an offense against this local law and subject to a fine of not more than one hundred dollars ($100) or to imprisonment for a period of not more than fifteen (15) days or both fine and imprisonment. When a violation of any of the provisions of this local law is continuous, each week or portion thereof shall constitute a separate and distinct violation. Section 13.4 Exceptions None of the provisions of this section shall be applicable to the following: a. The business of mobile home or travel trailer sales, except where units are used as living quarters. b. The storage or garaging of mobile homes or travel trailers not being used for living or sleeping purposes within a building or structure or to the storage of one unoccupied travel trailer on premises

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occupied as the principal residence by the owner of such mobile home or travel trailer provided, however, that such unoccupied travel trailer shall not be parked or located between the streetline and the front building line as defined in the Zoning Ordinance. c. A mobile home located on the site of a construction project, survey project or other similar work project and which is used solely as a field office or work tool house in connection with such project, provided that such mobile home is removed from such site within thirty (30) days after the completion of such project. d. A modular home which is prefabricated in sections, transported to the building site, then fastened together and placed on a permanent and masonry foundation and which has a minimum width of twenty (20) feet for its entire length and contains a minimum of one thousand (1000) square feet of usable living space. Section 13.5 Mobile Home Parks No mobile home park shall be established in the Town of Milford without proper application and review by the Town Planning Board. All mobile home parks require site plan review. A plan to place five (5) or more mobile homes on a parcel would constitute a park and would require a special license and a special use permit prior to the placement of any homes on the site. Section 13.6 Licenses Required for Mobile Home Parks Any person, partnership, association, joint venture or corporation being the owner or occupant of any land within the Town of Milford shall not use or allow the use of such land for a mobile home park unless a license has been obtained. Section 13.7 Issuance of License The Town Clerk of the Town of Milford, in accordance with the procedures herein specified, shall issue a license to be effective from the day of issuance to and including December 31st of that same year. This license may not be issued until the Town Clerk has received: a. A written application in triplicate in form as prescribed by the Town Board and signed by the applicant. b. The required fee as herein provided. c. Certificate of compliance by the New York State Department of Health. d. Recommendation by the Zoning Officer and the Planning Board. e. A resolution from the Town Board approving issuance of license. A license shall not be transferable or assignable without the written consent of the Town Board. Section 13.8 Supplemental License Any person holding a license for a mobile home park and desiring to add additional lots to such park or court shall file application for a supplemental license. The application for such supplemental license must be accompanied by three (3) complete sets of plans and specifications as required by this local ordinance. The application for supplemental license shall be filed and handled according to the procedures established in that section of the local ordinance. When approved in accordance with the procedures established herein for issuance of a license and upon receipt of the required fee, the Town Clerk shall issue a supplemental license which will be effective from the date of issuance to and including December 31st of the same year, and theretofore run concurrent with the original license.

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Section 13.9 License Renewal An application for renewal of any mobile home park license which was issued in accordance with the provisions of this local law, must be filed with the Town Clerk on or before October 30th preceding the expiration of the license. The renewal application need not be accompanied by a plan of the park or court unless changes subsequent to the latest issuance of license have been made to it, nor is it necessary that the application be accompanied by a copy of any lease of applicant relating to subject mobile home park unless a new lease has been entered into subsequent to the time of filing the previous application. If changes have been entered into, copies shall be attached to the renewal application. By resolution of the Town Board, the Town Clerk may issue of renewal license to be effective upon the expiration of the previous permit and continue in force for a period of one (1) year. At the time the renewal is submitted, the applicant shall pay the required fee. Such renewal license shall not be transferable or assignable without written consent of the Town Board. Section 13.10 License Fees The applicant shall pay the Town Clerk an annual fee as specified by the current Town Fee Schedule; said payment to accompany each original, supplemental, or renewal application as herein mentioned. The fee submitted with any application which is refused by the Town Board shall be returned to the applicant upon refusal. The fee for a supplemental license shall be prorated for the remaining calendar year. Each planned mobile home park shall follow the guidelines for such set forth by the County of Otsego. ARTICLE 14 SUPPLEMENTAL REGULATIONS AND EXCEPTIONS The provisions of the District Regulations shall be subject to additional requirements, limitations and exceptions in accordance with the following supplementary regulations. Unless otherwise specified, these supplementary regulations shall apply to all districts. Section 14.1 As To Use Public Utilities and Services - The provisions of this ordinance shall not be construed to limit or interfere with the construction or operation for public utility purposes of water and gas pipes, electric light and power transmission and distribution lines, communication lines, sewers, and incidental appurtenances; or with any highway or railroad right-of-way existing or hereafter authorized by the Town of Milford, County of Otsego or State of New York. The above exception shall not be construed to permit yards, garages or other structures for service or storage use by said public utility except as otherwise permitted by this ordinance. Section 14.2 Public Water and Sewer If a public water supply and/or public sewer system are available, within 500 feet of any boundary of the property, no new dwelling or other new principal building except a farm structure shall be constructed, erected, altered, or used without connection with such public water supply and/or public sewer system. Section 14.3 Lot Frontage on Street No dwelling shall be erected on any lot which does not have immediate frontage on an existing or plated street or highway. Section 14.4 Lots in Two Districts Where a district boundary line divides a lot in single or joint ownership of record at the time such district line is established, and regulations for the less restricted portion of such lot shall extend not more than twenty-five (25) feet

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into the more restricted portion, and provided the less restricted portion of the lot has frontage on a street, then the regulations affecting the less restrictive portion shall apply to the entire lot. In all other cases, regulations affecting the more restrictive portion shall apply to the entire lot. Section 14.5 Temporary Structures Temporary buildings may be placed in any district for uses incidental to construction work, provided that such buildings shall be removed forthwith upon the completion or abandonment of the construction work. Section 14.6 Volatile Materials Storage All volatile materials shall be stored and used only in containers and in the manner approved by the New York State Board of Fire Underwriters. Section 14.7 Exceptions a. Unless otherwise specified, there shall be only one principal use and dwelling per lot in the Residential and Residential-Agricultural districts. In the Residential-Agricultural-Commercial, Planned Development and Manufacturing/Industrial districts, there may be more than one building per lot, but only with those uses enumerated in Articles 7, 9 and 10, and provided all area requirements in Sec. 7.3 can be satisfied. Farms (as defined in Section 2) are allowed to have up to three (3) additional mobile homes on their lots to serve as housing for employees essential to the farming operation. b. The height limitations of this ordinance shall not apply to: 1. Church spires, belfries, cupolas and domes, monuments, chimneys, smoke stacks, flag poles, radio towers, masts and aerials, water tanks, elevator penthouses, conveyors, and scenery lofts provided that the aggregate horizontal area of such part shall not exceed twenty (20) percent of the ground floor area of the main building. 2. Public or non-profit institutional buildings in an R, RA or RAC district, provided that each required front, side and rear yard is increased one foot for each one foot of the building height which exceeds the maximum height permitted in the district. 3. A parapet wall extending above the height limit by not more than four (4) feet. c. The area and setback requirements of this ordinance shall apply to the short-term transient rental use. Section 14.8 Accessory Buildings Accessory buildings shall not be more than eighteen (18) feet in height. Section 14.9 As to Area and Yards Section 14.10 Exceptions for Lots of Record The requirements of this ordinance with respect to the area and lot width shall not be construed to prevent the erection of a one-family dwelling on any lot of record at the effective date of this ordinance, regardless of the area or width of such lot, provided that such use is permitted in the district in which the lot is located and provided the yard and other requirements of this ordinance are complied with. Vacant lots in the same ownership having in the aggregate a continuous frontage of more than one hundred (100) feet shall not qualify for this exception. Section 14.11 New Streetline Determines Building Line If a new streetline has been established in anticipation of future street widening, such new streetline shall be used in determining front yard depth or side yard width, as the case may be. Section 14.12 Location and Coverage of Accessory Buildings In R or RA or RAC districts where yards are required, permitted accessory buildings shall not:

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a. Be placed in any required side yard or front yard except as hereinafter specified in this section. b. Occupy more than twenty-five (25) percent of any required rear yard. c. Be nearer than ten (10) feet to any dwelling unless attached thereto and considered part thereof for purposes of yard measurement. Section 14.13 Corner Lot Modification In the case of a corner lot in R or RA districts, all buildings shall comply with front yard requirements on both streets, except that, if the rear lot line of such corner lot is also the rear lot line of the adjoining lot on the side street, the side street side yard shall not be less than twenty-five (25) feet provided, however, that no projections other than roof projections shall be permitted in said side yard. When the rear or any corner lot, any accessory building on the corner lot shall be located at a distance from the rear lot line of the corner lot equal to ten (10) feet nor need it be more than twenty-five (25) feet. Section 14.14 Front Yard Exceptions If, on one side of a street within a given block, there are existing buildings at the time of passage of this ordinance, then the depth of the required front yard will be the average depth of the front yards of the above buildings as measured from the front lot line to the main front wall of these same buildings, and as determined by the Zoning Enforcement Officer. Section 14.15 Projections Into Yards The following structures shall be allowed within required yards: a. Wall or fence not over three and one-half (3 1/2) feet high in any front yard or side street side yard. b. Wall or fence not over seven (7) feet in any other yard. c. Retaining wall of any necessary height. d. Balconies, bay windows, chimneys and roof projections not exceeding three (3) feet (corner lots subject to Section 14.15). e. Unenclosed porches projecting into any required side or rear yard not more than one-fourth (1/4) the required width or depth of such yards (corner lots subject to Section 14.15). f. Un-enclosed steps not extending above the floor level of the first story (corner lots subject to Section 14.15). ARTICLE 15 REQUIRED OFF-STREET PARKING Section 15 Required Off-Street Parking At the time any main building is erected or altered, off-street parking spaces shall be provided on the same lot therewith, but not in any required front yard or required side street yard in an R or RA district, or in any required side yard in an RAC district. Parking spaces shall be required as follows: a. Two (2) parking spaces for each of the following: 1. Dwelling unit or family 2. Two (2) roomers, boarders or lodgers 3. Tourist room or hotel room 4. One hundred (100) square feet of floor area used for doctors' or dentists' office, and commercial recreation establishment not otherwise listed 5. Two hundred (200) square feet of office floor area used for other offices, not specified above

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6. Four (4) seats in any auditorium, hall, theater, church or other place of public assembly 7. School classroom plus one (1) space for each six (6) seats in the auditorium or stadium, whichever is larger 8. Six (6) seats in any restaurant or other eating place 9. Bed in any hospital, convalescent or nursing home. b. Three (3) parking spaces for each roadside stand. c. Five (5) parking spaces for each lane in a commercial bowling alley. d. For shopping centers or groups of stores over twenty thousand (20,000) square feet of gross floor area, parking area in square feet equal to three (3) times the gross floor area. e. For individual retail stores, parking area in square feet equal to twice the gross floor area. f. Parking spaces for uses which must be approved by the Town Board shall be as required by the Town Board. g. For all buildings not herein enumerated or excepted, one parking space for each two hundred (200) square feet of gross floor space shall be required. h. In the R district only, no more than one (1) vehicle, described as follows, may be parked on any lot: 1. Used for commercial purposes by the occupant of the premises, and 2. Exceeds twenty-five (25) feet in length. Such vehicles must be parked in the following manner: 1. Within a completely enclosed building, or 2. In any yard beyond the front building line of the property, except that in no case shall the vehicle be parked within ten (10) feet of any side yard lot line or ten (10) feet of the rear yard lot line. i. One (1) space for each guestroom in a permitted Bed & Breakfast. ARTICLE 16 SIGNS a. In all districts, the following types of signs are specifically prohibited: 1. Signs so located so as to restrict vision and impair safety of employees, customers, pedestrians, or motorists. 2. Lighting devices or internally lit signs so placed or directed as to permit the illumination there from to produce a glare or reflection onto a public street or sidewalk, and/or that constitute a hazard or nuisance. 3. Signs or sign structures, or any combination thereof, exceeding twenty-five (25) feet in height. 4. Off premises signs, except for New York State "Tourist Oriented Directional" signs. 5. Signs illuminated by or containing flashing, intermittent, rotating or moving lights or devices. However, barbershops may display not more than one traditional revolving barber shop sign, illuminated or otherwise. 6. Any sign for which the original purpose no longer exists. b. Except for the following types of signs, no sign shall be erected until a sign permit has been issued therefore in accordance with this ordinance. 1. Signs identifying the address of a premises, maximum size of three (3) square feet 2. Lawn and house signs identifying the occupant, house number, or fire number of a residential structure, maximum size of three (3) square feet

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3. Flags and insignias 4. On-premises directional signs for the convenience and safety of the general public 5. Temporary signs for private owner merchandise sale on premises, to be in place no longer than one week, and must be removed immediately after sale is over 6. Architect, engineer, contractor, and/or owner signs during construction, not exceeding 32 square 32 square feet., to be in place no longer than one (1) year 7. One sign identifying any permitted home occupation, provided such sign does not exceed six (6) does not exceed six (6) square feet in area 8. Non-illuminated warning signs (posted, no trespassing, private, etc.) 9. Signs identifying the name of a farm, and on-premises signs used in conjunction with the sale of agricultural products 10. Holiday decorations or displays, including lighting 11. One sign advertising the sale or rent of the land or building on which it is located, provided such sign does not exceed six (6) square feet 12. Temporary directional signs for meetings, conventions, and other assemblies, provided such signs do not exceed six (6) square feet and are posted for no more than 14 days 13. Political posters, signs promoting a non-commercial cause or activity or not-for-profit fundraising events shall be allowed on private property only (with property owner's consent). Such signs shall bear the name and address of the person responsible for their removal, and shall be in place for for no more than 30 (thirty) days. 14. Interior signs c. All applications for a sign permit shall be accompanied by a sketch and description providing the following: 1. The type of sign 2. The location of the sign in relation to existing buildings, roadways, driveways, parking areas, sidewalks or pedestrian paths, telephone and electric poles and lines, and other signs 3. A description and sketch of the sign including its size, advertising content, method of illumination, method of structural support, and estimated value. 4. The date of erection of the sign 5. The name of the owner of the sign and the person responsible for its maintenance. d. No sign, other than those listed in 16.b, shall be constructed, erected, created or altered (except for copy-change or normal repair) without first obtaining a sign permit. Sign permit applications may be Applications for a sign permit shall be reviewed by the Zoning Enforcement Officer, and may, at the request of the Zoning Enforcement Officer, also be reviewed by the Town Planning Board. The Zoning Enforcement Officer shall issue a sign permit when the sign is found to be in compliance with this Article. Approval of a sign permit may be subject to any conditions necessary to reduce any adverse impact of said sign upon neighboring residential property. Such conditions may include, but are not limited to, the size, location, lighting, color or means of structural support. Sign permits remain valid as long as the permitee owns or occupies the property, provided all other regulations governing signs are adhered to. Applicants for sign permits are responsible for obtaining any other required permits from state and/or county agencies. . e. All signs shall be constructed of materials of such quality and workmanship as will withstand seventy (70) miles per hour winds and weather so as not to present a hazard to persons or property. All signs, including those signs existing at the time of enactment of these regulations, shall be maintained in a safe, presentable and good structural condition by either replacement of replacement of defective parts, painting, and/or replacement of deteriorated surfaces or any other action deemed necessary for proper maintenance of the sign. The owner of any sign deemed to be

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unsafe, unpresentable, or not in good structural condition, shall be notified of the deficiencies, and will have 60 days from the time of such notification to remedy the problem or remove the sign. After 60 days, if such sign remains non-conforming, the sign may be removed by order of the Town Board, and the removal costs charged to the sign owner. Signs which constitute a hazard to public safety by reason of their location or physical condition may be removed by order of the Town Supervisor. If the hazard permits, the person to whom the permit for such sign was issued shall be notified prior to such removal. d. Portable signs: A new business, or a business in a new location, awaiting installation of a permanent sign, may use a portable sign for a period of not more than sixty (60) days portable sign must meet all the safety requirements of this ordinance. A separate permit for such a portable sign is required. g. A fee, which will be fixed by the Milford Town Board, shall accompany each application for a sign permit. h. Specifications for signs in each of the town's zoning districts are as follows: 1. Residential District a. No signs may exceed 6 square feet in area unless otherwise exempt under 16.b. b. In this district, one bulletin board, not exceeding twenty (20) square feet in area, for public, charitable or religious institutions, is allowed. c. A maximum of two signs may be permitted for each non-residential use, each sign subject the maximum size allowed in the district. 2. Residential - Agricultural District a. Same as permitted and regulated in the Residential District, except that larger signs may be permitted, up to a maximum size of twenty (20) square feet. b. A maximum of two signs may be permitted for each non-residential use, each sign subject to the maximum size allowed in the district. 3. Residential - Agricultural - Commercial District a. Same as permitted and regulated in the Residential-Agricultural District, except that larger signs may be permitted, up to a maximum size of thirty-two (32) square feet. b. A maximum of two free-standing signs may be permitted for each non-residential use, each sign subject to the maximum size allowed in the district. c. Building facade signs, up to a maximum size of sixty-four (64) square feet. 4. Planned Development District - Residential a. No signs are permitted except those listed in 16.4-b. 5. Manufacturing - Industrial District a. Same as permitted and regulated in the Residential-Agricultural-Commercial district. ARTICLE 17 NON-CONFORMING USES OR BUILDINGS Section 17.1 Continuing Existing Use

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The lawful use of an existing building on the effective date of this ordinance or authorized by a building permit issued prior thereto may be continued even though such use does not conform to the provisions of this ordinance. Section 17.2 Non-Conforming Use Discontinued In any district, whenever a non-conforming use of land, premises, building or structure, or any part or portion thereof, has been discontinued for a period of one (1) year, such non-conforming use shall not thereafter be reestablished, and all future use shall be in conformity with the provisions of this ordinance. Such discontinuance of the active and continuous operation of such non-conforming use, or a part or portion thereof, for such period of one (1) year, is hereby construed and considered to be an abandonment of such non-conforming use, regardless of any reservation of an intent not to abandon same or of an intent to resume active operations. If actual abandonment in fact is evidenced by the removal of buildings, structures, machinery, equipment and other evidence of such nonconforming use of the land and premises, the abandonment shall be construed and considered to be completed within a period of less than one (1) year and all rights to reestablish or continue such non-conforming use shall thereupon terminate. Section 17.3 Restoration No non-conforming building which has been damaged by fire or other causes to the extent of more than 50 percent of its value, shall be rebuilt or repaired except in conformance with the regulations of this ordinance. Section 17.4 District Changes Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification, or whenever the text of this ordinance shall be changed with respect to uses permitted in a district, the foregoing provisions shall also apply to any non-conforming buildings or uses therein. Section 17.5 Farm Uses Excepted Notwithstanding any other provisions of this ordinance, any farm operation and any farm building formerly conducted or used in any district hereafter classified as RA may be reestablished, renewed or restored. Section 17.6 Restoration of Unsafe Buildings Nothing in this section shall prohibit the restoration to a safe condition any building, structure, or portion thereof declared unsafe by the Code Officer. ARTICLE 18 ADMINISTRATION AND ENFORCEMENT Section 18 Enforcement and Fees This ordinance shall be enforced by the Zoning Enforcement Officer. No zoning permit shall be issued by him except where all the provisions of this ordinance have been complied with. Land usage permit fees are as set by the Town Board and may be raised from time to time. Section 18.1 Farm Structures Excepted The provisions of the foregoing section shall not apply to any farm building as defined in Article 2 of this ordinance. Section 18.2 Penalties for Violation a. A violation of this ordinance is hereby declared to be an offense, punishable by a fine not exceeding three hundred fifty dollars or imprisonment for a period not to exceed six months, or both for conviction of a first offense; for conviction of a second offense both of which were committed within a period of five years, punishable by a fine not less than three hundred fifty dollars nor more than seven hundred dollars or imprisonment for a period not to exceed six months, or both; and, upon conviction for a third or subsequent offense all of which were committed

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within a period of five years, punishable by a fine not less than seven hundred dollars nor more than one thousand dollars or imprisonment for a period not to exceed six months, or both. However, for the purpose of conferring jurisdiction upon courts and judicial officers generally, violations of this ordinance shall be deemed misdemeanors and for such purpose only all provisions of law relating to misdemeanors shall apply to such violations. Each weeks continued violation shall constitute a separate additional violation. b. In addition to those penalties prescribed by state law, any person, firm or corporation that violates any provision of the Town of Milford Zoning Ordinance may also be compelled and violations restrained by order or by injunction of a court of competent jurisdiction. Any person who violates any provision of this ordinance shall also be subject to a civil penalty of not more than $500.00, to be recovered by the town in a civil action. In the event that the Town is required to take legal action to enforce this chapter, the violator will be responsible for any and all necessary civil penalties provided by this subsection shall be recoverable in an action instituted in the name of the Town by the Town Board on its own initiative or at the request of the Zoning Enforcement Officer.

Section 18.3 Remedies In addition to other remedies, the Town Board, either on its own initiative or upon the written request of a resident taxpayer, may institute any appropriate action or proceedings necessary to enforce this ordinance. ARTICLE 19 BOARD OF APPEALS Section 19 Board of Appeals Created A Board of Appeals is hereby created which shall consist of five (5) members appointed by the Town Board. The Town Board shall designate the chairman and the Board of Appeals shall appoint a secretary and shall prescribe rules for the conduct of its affairs. Section 19.1 Powers and Duties The Board of Appeals shall have all the powers and duties prescribed by statute and by this ordinance, which are more particularly specified as follows: a. Interpretation - Upon appeal from a decision by an administrative official, to decide any question involving the interpretation of any provision of this ordinance, including determination of the exact location of any district boundary if there is any uncertainty with respect thereto. b. Variances - To vary or adapt the strict application of any of the requirements of this ordinance in the case of exceptionally irregular, narrow, shallow or steep lots, or other exceptional physical conditions, whereby such strict application would result in practical difficulty or unnecessary hardship that would deprive the owner of the reasonable use of the land or building involved, but in no other case. No variance in the strict application of this ordinance shall be granted by the Board of Appeals unless it finds: 1. That there are special circumstances or conditions, fully described in the findings of the Board, applying to such land or building and not applying generally to land or buildings in the neighborhood, and that such circumstances or conditions are such that the strict application of the provisions of this ordinance would deprive the applicant of the reasonable use of such land or buildings 2. That, for reasons fully set forth in the findings of the Board, the granting of the variance is necessary variance is necessary for the reasonable use of the land or building and that the variance as granted by the Board is the minimum variance that will accomplish this purpose 3. That the granting of the variance will be in harmony with the general purpose and intent of this ordinance, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. In granting any variance, the Board of Appeals shall prescribe any conditions that it deems necessary or desirable. No variances shall be granted which affect property which is subject to a right of way held by the

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State of New York. Section 19.2 Procedure a. The Board of Appeals shall determine its own rules of procedure, consistent with the Town Law and this ordinance, and all its deliberations, resolutions and orders shall be in accordance therewith. b. The Board of Appeals shall fix a reasonable time for the hearing of the appeal or other matter referred to it and give due and public notice thereof by publication of a notice of such hearing in the official newspaper of the town at least five (5) days prior to the date thereof, and shall, at least five (5) days before such hearing, mail notices thereof to the parties affected by such appeal, and shall decide the same within a reasonable time after such hearing. c. Meetings of the Board of Appeals shall be open to the public and the Board shall keep complete minutes of its proceedings. Such minutes shall shoe the findings and reasons for the decisions of the Board, shall be immediately filed in the office of the Town Clerk and shall be a public record. ARTICLE 20 AMENDMENTS Section 20 Procedure The Town Board may from time to time on its own motion, or on petition, or on the recommendation of the Town Planning Board, amend, supplement, or repeal the regulations and provisions of this ordinance in accordance with the provisions of the Town Law applicable thereto. Any proposed amendment shall be submitted to the Town Planning Board for report and recommendation prior to the public hearing thereon by the Town Board. Section 20.1 Development Plans May Be Required Before any amendment of the Zoning Map so as to create a new or enlarged RAC district, the Town Board may require the submittal of development plans, including the location and character of proposed structures and conditions of use for the premises concerned. In approving any such amendment, the Town Board may specify that no building permit shall be issued with respect to said premises, under the strict classification, except in accordance with the said plans and conditions of use as submitted or as revised to meet the requirements of the Town Board in furthering the purposes of this ordinance. ARTICLE 21 SEPARABILITY Section 21 Separability The invalidity of any section or provisions of this ordinance shall not invalidate any other section or provision thereof. ARTICLE 22 EFFECTIVE DATE Section 22 Effective Date This Zoning Ordinance shall take effect immediately upon its adoption and publication as required by law.

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