ZONING ORDINANCE

ZONING ORDINANCE
TOWN OF BERNE
NEW YORK

The Town Board of the Town of Berne does hereby ordain and enact:

SECTION I
TITLE AND SCOPE

A. Scope

An ordinance regulating and restricting the location, construction, alteration, occupancy and use of buildings and structures and the use of land in the Town of Berne and for said purposes dividing the Town into zoning districts.

B. Title

The Ordinance shall be known and may be cited as "The Zoning Ordinance of the Town of Berne, Albany County, New York." The short title shall be "Berne Zoning Ordinance."

C. Enactment Clause and Purposes

This Ordinance is enacted pursuant to Article 16 of the Town Law of the State of New York, to protect and promote public health, safety, morals, comfort, convenience, economy, esthetics, and the general welfare, and for the following additional purposes:

1. To promote and effectuate the orderly physical development of the Town of Berne in accordance with its Development Plan.

2. To encourage the most appropriate use of land in the community in order to conserve and enhance the value of property.

3. To control commercial growth along highways and provide for more adequate and suitably-located commercial facilities and consequently eliminate many road-side hazards and add to community attractiveness.

4. To create a suitable system of open spaces and recreation areas, and to protect and enhance existing wooded areas, scenic areas, and waterways.

5. To regulate building densities in order to assure access of light and circulation of air, to facilitate the prevention and fighting of fires, to prevent undue concentration of population, to lessen congestion on streets and highways, and to provide efficient municipal utility services.

6. To improve transportation facilities and traffic circulation, and to provide adequate off-street parking and loading facilities.

7. To realize a development plan designed to conserve the use of land and the cost of municipal services.

8. To promote privacy for residents and freedom from nuisances and things harmful to the senses.

9. To protect the community against unsightly, obtrusive, and noisome land uses and operations.

10. To enhance the esthetic aspects throughout the entire community.

11. To preserve historic sites, areas, buildings and landmarks located in the Town.

SECTION II
ESTABLISHMENT OF DISTRICTS

A. Names of Zoning Districts

In order to fulfill the purpose of this Ordinance, the Town of Berne establishes and is hereby divided into the following eight zoning districts:

RAF Residence /Agriculture/Forestry: One family dwelling per five (5) acres; two-family dwellings per five (5) acres if new construction; conversion of one family dwellings to attached two family dwellings per five (5) acres with a special use permit; multi-family with a special use permit and site plan approval.

MDR Medium Density Residence: One family per one and one-half acres, single family.

NC Neighborhood Commercial.

GC General Commercial.

IND Industrial.

H Historic.

TN/MU1 Traditional Neighborhood Mixed Use

TN/MU2 Traditional Neighborhood Mixed Use

B. Zoning Map

1. Designation - The location and boundaries of said zoning districts are shown on the map designated "Official Zoning Map of the Town of Berne" adopted on May 1, 1974 and certified by the Town Clerk. Said map together with everything shown thereon and all amendments thereto is hereby adopted and is declared to be an appurtenant part of this Ordinance. No amendment to this Ordinance, which involves matters portrayed on the Official Zoning Map, shall become effective until such change and entry has been made on said map and has been attested by the Town Clerk. Any new zoning map reflecting amendments to the previous Official Zoning Map shall bear a statement which explains that it supersedes the prior map and gives the date of adoption of both the prior map and the new zoning map.

2. Copies of Zoning Map - Regardless of the existence of other printed copies of the zoning map which from time to time may be made or published, the Official Zoning Map which shall be on file with the Town Clerk shall be the official determinant of the current zoning status of the land and water areas, buildings, and other structures in the Town.

C. Interpretation of District Boundaries

Where uncertainty exists with respect to any boundary of any of the aforesaid districts as shown on the Zoning Map, the following rules shall apply:

1. Where district boundaries are indicated as approximately following the centerlines or right-of-way lines of streets, highways, public utility easements, or watercourses, said boundaries shall be construed to be coincident with such lines. Such boundaries shall be deemed to be automatically moved if a centerline or right-of-way line of such street, highway, public utility or watercourse is moved a maximum of 50 feet.

2. Where district boundaries are indicated as approximately following the Town boundary line, property lines, lot lines, or projections thereof, said boundaries shall be construed to be coincident with such lines or projections thereof.

3. Where district boundaries are so indicated that they are approximately parallel to the Town boundary line, property lines, lot lines, right-of-way lines, easements, watercourses, or projections thereof, said boundaries shall be construed as being parallel thereto and at such distances there from as indicated on the Zoning Map or as shall be determined by the use of the scale shown on the Zoning Map.

4. Where a district boundary line divides a lot in a single ownership or joint ownership of record at the time such line is established, the regulations for the less restricted portion of such lot shall extend not more than 30 feet into the more restricted portion.

5. In all other cases, where not dimensioned, the location of boundaries shown on the map shall be determined by the use of the scale appearing thereon, but in no instance will a district be less than the specified minimum lot depth shown for each district in the Density Control Schedule.

SECTION III
USE REGULATIONS

A. Permitted Uses

No building or premises shall be erected, altered, or used except for one or more of the uses designated for its district and in accordance with Section VII, subsection A, of this Ordinance.

Symbols:

(P) Designates a use permitted by right.

(X) Designates a conditional use contingent upon securing a special use permit from the Zoning Board of Appeals in accordance with Section VIII, subsection E. In the case of Home Occupations, special use permits shall be granted by the Planning Board.

+ designates a use subject to site plan approval by the Planning Board in accordance with Section VII, subsection A.

. designates a prohibited use.

B. Prohibited Uses

In the Industrial district, where manufacturing or light industry is permitted, no manufacturing use, nor any trade, or industry use or purpose that is noxious or offensive by reason of the emission of odor, dust, smoke, toxic or noisome fumes, radiation, gas, noise, vibration, or excessive light, or any combination of the above, which is dangerous and prejudicial to the public health, safety and general welfare shall be permitted, and this includes specifically, but is not limited to, the following such uses:

Acetylene gas manufacture for commercial purpose

Ammonia, chlorine or bleaching powder manufacture

Arsenal

Asphalt manufacture or refining

Auto junk yard

Blast furnaces, not including cupola or converter furnaces used in foundries and in which no wood is used as fuel

Boiler shops, structural steel fabricating shops, metal working shops, which operate reciprocating hammers or chisels or other noise-producing electric or pneumatic tools within 100 feet of any boundary line of the premises and outside of any masonry buildings

Brewing or distilling of liquors

Bronze and aluminum powder manufacture

Carbon, lampblack, shoe blacking, graphite, or stove polish manufacture

Celluloid and other cellulose products manufacture

Cement manufacture

Coal tar products manufacture

Disinfectant and insecticide manufacture

Distillation of coal, wood, or bones

Dump, unless operated or controlled by the Town.

Excelsior and fibre manufacture

Explosives, fireworks or match manufacture, assembling, or storage in bulk, except the manufacture, assembling and storage in bulk of safety matches in book form

Fat rendering

Fertilizer manufacture or potash refining

Fish smoking or curing

Glue, size or gelatin manufacture or processing involving recovery from fish or animal offal

Incinerator, unless operated by the town

Junk yard

Lime, gypsum, cement, plaster, or plaster of paris manufacture, except the mixing of plaster

Linoleum or oil cloth manufacture

Ore reduction or the smelting of iron, copper, tin zinc or lead

Paint, oil varnish, turpentine, shellac, or enamel manufacture, except the mixing of wet paints

Perfume and extract manufacture

Petroleum refining

Poisons manufacture: fumigates, carbon disulfide, hydrocyanic acid, ethyl, stomach poisons, arsenate of lead, arsenate of calcium hellebore and paris green, contact insecticides, lime, sulphur, nicotine, kerosene emulsions

Printing ink manufacture

Radium extraction

Storage, coloring, curing, dressing, or tanning of raw or green salted hides or skins

Rubber, caoutchouc or gutta-percha manufacture from crude or scrap material, except in connection with a rubber products manufacturing plant

Salt works

Sand paper and emery cloth manufacture

Slaughtering of animals, except for immediate consumption on premises or immediate retail sale

Soap, soda ash, or washing compound manufacture, except products not containing caustic soda

Starch, glucose, or dextrine manufacture

Stock yards

Sulphurous, sulphuric, nitric, picric or hydrochloric acid or other corrosive or offensive acid manufacture, or their use or storage, except on a limited scale as accessory to a permitted industry

Tallow, grease, lard or candle manufacture or refining

Tar distillation or manufacture, except where the tar or asphalt is treated at a temperature under 100 degrees Fahrenheit

Tobacco processing

Vinegar, pickle, or sauerkraut manufacture in bulk

Wool pulling or scouring, except in connection with a woolen mill

Yeast Manufacture

Schedule of Uses

ZONING DISTRICT	RAF	MDR	NC	GC	IND	TN/MU1	TN/MU2
Residential Uses

Detached one or two-family dwellings	P	P	P	.	.	P	P
Residential use combined with commercial use	.	.	X+	X+	.	X+	X+
Multi-Family (Three or more units)	.	.	.	.	.	.	.
Manufactured Home	P	P	.	.	.	P	P
Senior Citizen Housing						X+	X+
Conversion of Seasonal Residence to year-round residence	X	X	X	.	.	X	X
Assisted Living Center/Adult Care						.	.

General Uses

Agriculture not including the keeping of fowl or farm animals (Section V-A-13)	P	.	.	P	.	P	P
Agriculture including the keeping of fowl and farm animals (Section V-A-13)	P	.	.	X+	.	.	.
Cemetery (Section V-I-2-d)	X	X	X+	X+	.	.	.
Church, other places of worship or religious instruction	X+	X+	X+	X+	.	X+	X+
Cultural facility (art gallery, museum, community building) (Section V-I-2-l)	P+	P+	P+	P+	.	X+	X+
Forestry	P	P	.	.	.	.	.
Golf course, country club, athletic field	P+	P+	.	.	.	.	.
Hospital, nursing or convalescent home, sanitarium(Section V-I-2-j)	X+	X+	.	.	.	.	.
Municipal buildings, public libraries, and fire stations	P	P	P	P	.	P+	P+
Private and membership clubs (Section V-I-2-l)	X+	X+	X+	X+	.	X+	X+
Public recreation buildings and grounds	P	P	P	P	.	.	.
Public utility buildings servicing neighborhood excluding offices and storage	X+	X+	X+	X+	X+	X+	X+
Public, Parochial or not-for- profit private schools	X+	X+	X+	X+	.	X+	X+
Trailer Park (Section V-I-2-m)	.	.	.	X+	.	.	.
Trailer Sales Lot (Section V-I-2-m)	.	.	.	X+	.	.	.
Recreational Trailer Park(Section V-I-2-m)	.	.	.	X+	.	.	.
University, college, seminary, convent	X+	.	.	X+	.	.	.

Accessory Uses

Home occupation, in compliance with Section V-(I)(2)(i)	X+	X+	X+	X+	.	P	P
Home Occupation, Low Impact						P	P
Home Occupation, Major						X+	X+
Accessory use customarily incidental to any of the uses mentioned herein and on the same lot	P	P	P	P	P	p	p
Accessory use customarily incidental to any of the uses mentioned herein and not on the same lot	P	.	P+	P	P	.	.
Structures for farm animals for non-commercial purposes	P	.	.	X+	.	.	.
Swimming pool (Section V-I-2-q)	P+	P+	P+	P+	.	P+	P+

Business Uses

Aircraft Landing Field	X+	.	.	.	.	.	.
Airport (Section V-I-2-b)	.	.	.	.	.	.	.
Amusement operated for profit	.	.	X+	X+	.	.	.
Antique sales						X+	X+
Artist Studio						X+	X+
Auctions	X+	.	.	P+	.	.	.
Automobile sales and service	.	.	P+	P+	.	.	.
Automobile wreckers	.	.	X+	X+	P+	.	.
Banks, general & professional offices, studios	.	.	P+	P+	.	X+	X+
Bar or nightclub	.	.	X+	X+	.	.	.
Bed and Breakfast Inn						P+	P+
Bowling alley	.	.	X+	X+	.	.	.
Car washing station	.	.	.	P+	.	.	.
Commercial parking lot Section V-B and V-F-8	.	.	X+	X+	.	X+	X+
Convenience store						X+	X+
Conversion of existing structure to new Business Use (including only permitted uses listed in this section (*)						P	P
Day Care Center						X+	X+
Skating rink, billiard hall	.	.	X+	X+	.	.	.
Shopping center	.	.	X+	X+	.	.	.
Equipment rental/sale	X+	.	P+	P+	P+	.	.
Florist						X+	X+
Funeral Home	.	.	P+	P+	.	X+	X+
Gasoline filling station(Section V-I-2-h)	.	.	X+	X+	X+	.	X+
Greenhouse, nursery	P	.	P	P	P	.	.
Motel (Section V-I-2-n)	.	.	P+	P+	.	.	.
Newspaper office, printing shop	.	.	P+	P+	.	X+	X+
Personal service (barber, beauty salon, shoe repair)	.	.	P+	P+	.	X+	X+
Public garage	.	.	P+	P+	.	.	.
Radio, Television, and other electrical transmission stations and towers	.	.	.	.	X+	.	.
Radio television and other electrical transmission stations and towers when they share use of an existing structure						X+	X+
Recreational Business	.	.	X+	X+	.	.	.
Restaurant, café with no drive-through	X+	.	P+	P+	.	X+	X+
Restaurant, café with drive-through						.	.
Retail stores, shop located in converted residential structure						X+	X+
Retail stores, shop located in new structure	.	.	P+	P+	.	X+	X+
Retail business or service, not specifically mentioned herein	.	.	X+	X+	X+	.	.
Riding academy, stables Section V-I-2-o	X+	.	.	.	.	.	.
School conducted for profit	X+	.	X+	X+	.	X+	X+
Self service laundry	.	.	P+	P+	.	.	.
Theater, public assembly	.	.	P+	P+	.	X+	X+
Veterinarian office/animal hospital	X+	.	P+	P+	.	.	.
Kennel	X+	.	X+	X+	.	.	.
Wholesale business or service not specifically mentioned herein	.	.	X+	X+	X+	.	.

Industrial Uses

Soil extractive operations, soil mining (Section V-I)	X+	.	.	.	.	.	.
Fuel, gasoline, oil storage	X+	.	.	X+	.	.	.
Manufacturing, fabrication, extraction, assembly, warehousing and other handling of materials(Section V-I)	.	.	.	X+	P+	.	.
Research, development or engineering laboratories	.	.	.	X+	P+	.	.

(*) Conversions of existing structures are permitted. However, a special use permit and site plan review may also be required if the new use requires such processes.

Zoning District	Minimum Lot Size (c)				Minimum Yard Dimensions (feet)				Lot coverage (Max) (including accessory buildings)	Building Footprint (Max)	Building Height (Max)
	Residential		Non-residential		Front	Side 1	Side 2	Rear		Non-residential (3)
	Area (acres)	Width at Building Line (Min.)	Area (acres)	Width at Building Line (Min) and (Max)	Feet	Feet	Feet	Feet	Percent Coverage	Square Feet	Feet Stories
TN/MU1	.25 With Sewer* (1) 1.5 Without Sewer* (1)	75	.5 or 1.5 Min (2)	75’ min	15’ minimum and 30’ maximum (4)	20	20	50	25% Residential 65% Commercial	2,000	35/2.5
TN/MU2	.25 With Sewer* (1) 1.5 Without Sewer* (1)	75	.5 or 1.5 Min (2)	75’ min	15’ minimum and 50’ maximum (4)	20	20	50	25% Residential 65% Commercial	3,000	35/2.5
RAF	5	300	8	400	70	100	75	100	15%		35/2.5
MDR	1.5	200	1.5	250	40 (see b)	50	50	100	20%		35/2.5
NC	1.5	100	1.5	250	40 (see b)	20	20	50	45%		35/2.5
GC (see a)	1.5	100	1.5	250	70	40	20	50	30%		35/3
IND	No residential uses Permitted		10	1000	150	300	200	100	20%		35/3
a) For mobile home parks see Section V-I-2-m) b) Add 100 feet for non-residential uses c) A minimum horizontal separation distance of 25 ft. shall be maintained between wastewater treatment and disposal systems and the property line. See Section V, subsection A (3). * The minimum required road frontage shall be the same as the width at the building line indicated herein. (1)Rear or side yard garage or parking is required. (2)Non-residential uses that utilize an existing building shall have a minimum acreage of the existing lot. Non-residential uses that utilize a new building shall have a minimum acreage of 1.5 acre. (3)No maximum building footprint is established for residential structures (4) Accessory structure setback must be equal to or further back than the principal building.

Density Control Schedule for the

TN/MU District

District

Total District-wide Permitted Business Density

Total District-wide Permitted Convenience Retail Density

Total District-wide Permitted Office/Service

Density

Total District-wide Permitted Density for all other business uses (See schedule of permitted uses)

TN/MU1

11,000 square feet (*)

2,000 square feet

4,000 square feet

5,000 square feet

TN/MU2

17,500 square feet (*)

3,000 square feet

6,500 square feet

8,000 square feet

Calculation of total density shall include existing business uses in the TN/MU district as of the adoption date of this law (*) and does not include existing schools, churches or municipal buildings.

Any open or enclosed porch or carport shall be considered a part of the building in the determination of size of the required yard or lot coverage.

Accessory uses not enclosed in a building may be located in a rear yard in accordance with Section V, subsection A, paragraph 8, herein.

E. Height Exceptions

The height limitations of this Ordinance shall not apply to:

1. Churches, schools, hospitals, water towers and other public and semi-public buildings provided that for each foot by which the height permitted in the district is exceeded, the side, front, and rear yards required in the district shall be each increased an additional foot.

2. Farm silos, church spires, belfries, cupolas and domes not for human occupancy, monuments, observation towers, transmission towers, chimneys, smokestacks, derricks, flag poles, radio towers, masts and aerials, ventilators, skylights, water tanks and necessary appurtenances usually carried above roof level. Such features, however, shall be erected only to such height as is necessary to accomplish the purpose they are to serve.

F. Compliance with Minimum Average Residential Density

A residential lot of required or larger than required size as set forth in this Ordinance shall not be reduced in size for transfer of ownership if such lot so subdivided will form two or more lots which shall not be in compliance with the requirements for the minimum average residential density for the district in which such lot or lots are situated.

G. Distance between Principal Buildings on Same Lot

No detached principal building shall be closer to any other principal building on the same lot than the average heights of said buildings.

H. Measurement of Yard Dimensions

1. Notwithstanding provisions for front yards elsewhere in these regulations, on streets with less than 50 foot rights-of-way or where the right of way line is not known, the front yard requirement shall be measured from the center line of the existing roadway and 25 feet shall be added to the front yard requirement.

2. Measurements of minimum yard dimensions shall be taken from the foundation.

SECTION V
SUPPLEMENTARY REGULATIONS

A. General Provisions

1. Storage of Boats, Trailers, Trucks and Unregistered Vehicles. - No boat, trailer, truck or unregistered vehicle shall be stored in the front yard of any district, provided that the keeping of such a chattel in a front yard for 45 days or longer shall be deemed to be "storage" for the purpose of this subsection.

2. Excavations - Any proposed excavation adversely affecting natural drainage or structural safety of adjoining buildings or lands shall be prohibited. Excavation shall not create any noxious or injurious substance or condition, or cause public hazard.

In any district, excavation relating to the construction, on the same lot, of a building or structure for which a building permit has been issued shall be permitted. In the event that construction of a building or structure is stopped prior to completion, and the building permit is allowed to expire, the premises shall immediately be cleared of any rubbish, or building materials, and any excavation with a depth greater than two feet below existing grade shall immediately be filled in and the topsoil replaced, or all such excavations shall be entirely surrounded by a substantial fence at least six feet high that will effectively block access to the area in which the excavation is located.

Any area of land, having an area of more than one acre from which topsoil has been removed shall be filled or covered over, and such area shall be seeded to provide an effective cover crop within the first growing season following the start of said operation.

For excavation for soil mining, see subsection I of this Section.

3. Sanitary Disposal and Water Supply - No person shall undertake to construct any new building or structure in the Town of Berne without first meeting the requirements for a system, or facilities for the separate treatment and disposal of waterborne sewage and other wastes and obtaining an approved water supply in accordance with applicable regulations of the Town, the New York State and Albany County Departments of Health, the New York State Department of Environmental Conservation, and other governmental authorities. Issuance of a Certificate of Occupancy shall be subject to sanitary system inspection and certification by the Albany County Department of Health, and compliance with all conditions imposed by any other governmental authority.

A minimum horizontal separation distance of 25 feet shall be maintained between wastewater treatment and disposal systems and the property line. For all systems involving the placement of fill material, separation distances shall be measured from the toe of slope of the fill.

In the case of any proposed residential development or realty subdivision, the Planning Board may require the applicant to demonstrate that an acceptable location exists, on each and every parcel, for the installation of conventional or alternative wastewater treatment and disposal systems. The applicant shall clearly identify any site modifications necessary for the installation of the system.

The Planning Board or Zoning Board of Appeals may require an applicant to provide evidence of water availability, and may require professional hydrological studies sufficient to establish that a proposed development will have adequate supplies of potable water and will not adversely affect water supply or quality in the surrounding area.

4. Landfills - Dumping of refuse, waste material and other substances is prohibited in all districts in the Town except as specified in Town of Berne LOCAL LAW NO. 1 of 1969; as amended.

5. Driveway and Road Standards - Driveways and roads shall be designed in conformance with the standards established in the Town of Berne Land Subdivision Regulations and the following provisions:

a. For reasons of traffic and pedestrian safety, as well as to provide for possible future road widening or other improvements, all new driveways entering onto any street shall comply with the requirements of this Section, and shall be subject to the approval of the Town Highway Superintendent. Where such driveways enter onto a County or State road, they shall also be subject to Albany County Department of Public Works and New York State Department of Transportation approvals, respectively. Where such driveways are part of a subdivision application or site plan approval, they shall also be subject to Planning Board approval.

b. The maximum grade for any new driveway accessory to a single-family dwelling and connecting its off-street parking area to a road shall not exceed ten percent (10%), except where it can be demonstrated to the satisfaction of the reviewing Board or official that, because of practical difficulty affecting a particular property, the construction of such a driveway is infeasible.

c. A private driveway serving one lot (dwelling unit) shall have a minimum 12 feet wide shale, gravel or paved travel way and a minimum 18 feet wide cleared right-of-way.

d. Clear visibility shall be provided and maintained in both directions at all exit points so that the driver of an automobile stopped on the platform portion of any new driveway will have an unobstructed view of the highway for a reasonable distance, commensurate with the speed and volume of traffic on the highway, and so that there is a similar view of the automobile in the driveway.

e. Additional driveway design details shall conform to any separately enacted Town driveway standards.

6. Activity Standard - In any district, the following standards for activities shall apply:

a. No offensive or objectionable vibration, odor or glare shall be noticeable at or beyond the property line.

b. No activity shall create a physical hazard by reason of fire, explosion, radiation, or other such cause, to persons or property in the same or adjacent districts.

c. There shall be no discharge, in the form of either liquid or solid wastes, into any stream or body of water or any public or private disposal system or into the ground, of any material of a nature that may contaminate any water supply, including ground water supply.

d. There shall be no storage of any material either indoors or outdoors in such a manner that it facilitates the breeding of vermin, or endangers health in any way.

e. The emission of smoke, fly ash, or dust, which can cause damage to the health of persons, animals, or plant life, or can otherwise damage any property, is prohibited.

7. Planned New Streets - After any planned right-of-way line for future streets, for future extensions of existing streets, or for future widening is established on the Official Map, buildings and structures shall be set back from such line as though it was a street line.

8. Accessory Buildings and Uses - Accessory buildings not attached to principal buildings shall be located no closer to the principal buildings than 12 feet or a distance equal to the height of each accessory building, whichever is greater. In a Residential or TN/MU district accessory buildings shall not exceed a maximum height of 20 feet, with the exception of farm buildings which shall have a maximum height of 35 feet.

In a Residential or TN/MU district, accessory uses not enclosed in a building, including swimming pools and tennis courts, shall be erected only on the same lot as the principal structure, may not be constructed in the side or front yards of such lot and shall be distant not less than 20 feet from any lot line nor less than 10 feet from the principal structure, and shall not adversely affect the character of any residential neighborhood by reason of noise or glare or safety. (Refer also Section V, subsection I, "Swimming Pools" herein.)

9. Corner Clearance - For the purpose of minimizing traffic hazards at street intersections, on any corner lot no obstructions higher than three feet above the adjacent top-of-curb elevation shall be permitted to be planted, placed, erected or maintained within the triangular area formed by the intersecting pavement lines, or their projections - where corners are rounded - and a straight line joining the pavement lines at points 35 feet distant from their point of intersection.

10. Fences and Walls - In any Residence or TN/MU district, walls and fences up to four feet in height shall be permitted anywhere on a lot except where corner clearances are required for traffic safety. In a side or rear yard such wall or fence may be higher than four feet, if it is a retaining wall, but if it is a fence or freestanding wall above four feet at least 75 percent of the whole surface shall be unobstructed and open in a uniformly distributed manner. In any Business or Industry district, there shall be no restriction on fences or walls, except on a Residence or TN/MU district boundary line where such fences or walls shall be in accordance with the provisions of paragraph 12 "Transition Requirement" below.

11. Commercial Parking Lots - Commercial parking lots shall comply with the provisions of Section V, subsection B "Off-Street Parking and Loading Regulations" herein.

12. Transition Requirement - Where a commercial or mixed use abuts a residential lot there shall be provided along such side or rear lot line of the commercial use a wall, fence, compact evergreen hedge or a landscape strip of trees or shrubs so designed as to form a visual screen not less than six feet in height at the time of planting. Except for landscaped areas and parking areas a use that is not conducted within a completely enclosed building shall be completely screened by a six-foot solid wood, masonry wall, or chain link fence covered with an evergreen vine, or compact evergreen hedge.

Where a lot in an Industrial district abuts a lot in a Residential district, such lot in the Industrial district shall meet the applicable performance standards contained in Section V, subsection D "Industrial District Regulations" herein.

13. Agriculture - Agriculture shall include all buildings used for agriculture and all agricultural activities, except farms expressly for the disposal of offal and farms expressly for garbage disposal. The processing and storage of agricultural products including packing, warehousing and storing is permitted except that slaughterhouse, rendering, fertilizer plants and canneries are prohibited. The unenclosed storage of manure, or areas for storage of dead fowl or other odor or dust producing substance or use shall not be permitted within 100 feet of a property line or 125 feet of a public street right-of-way. Buildings for the housing of fowl or farm animals shall not be located in the required front yard or within 100 feet of a property line.

B. Off-Street Parking and Loading Regulations

In all districts, off-street automobile parking spaces and truck loading areas for the various permitted uses shall be required at the time any of the main buildings or structures of such uses are constructed or altered, as follows:

1. Required Off-Street Automobile Parking in the TN/MU1 and 2 Districts. The number of parking spaces shall be based on the need to protect public safety and convenience while minimizing harm to community character and to environmental, historic, and scenic resources. Since businesses vary widely in their need for off-street parking, it is most appropriate to establish parking requirements based on the specific operational characteristics of the proposed uses. In determining the parking requirements for any proposed use, the Planning Board shall consider:

a. The maximum number of persons who may be driving to the use at times of peak usage. Parking spaces should be sufficient to satisfy 85% of the anticipated peak demand. There shall be sufficient parking to meet demands of both employees and customers.

b. The size of the structure(s) and site.

c. The environmental, scenic, or historic sensitivity of the site. In proposals located in sensitive areas, the Planning Board may require a reduction in size of the parking lot.

d. The Planning Board may refer to generally accepted traffic engineering and planning manuals.

e. The Planning Board may require that an applicant set aside additional land to meet potential future parking needs. Such land may remain in its natural state or be attractively landscaped, but may not be used in a manner that would prevent it from being used for parking in the future.

2. Required Off-Street Automobile Parking Spaces - The minimum cumulative number of spaces shall be determined by the amount of dwelling units, bedrooms, floor area, members, equipment, employees, and/or seats contained in such new buildings or structures, or added by alteration of buildings or structures and such minimum number of spaces shall be maintained by the owners of such buildings or structures, as follows:

a. Offices, Business and Commercial Uses - For retail business or service, bank, or post office one space for each 100 square feet of floor area, and each two employees.

For funeral home, one space for residence, manager, and each two employers plus ten spaces for visitors.

For roadside stands, three spaces per stand.

For restaurant, cafe, one space for each three seats, and each two employees.

For public utility office, one space for each two employees.

For auto and equipment sales and service, gas stations and wholesale establishments, one space for each 200 square feet of floor space, and each two employees.

For motel one space for each bedroom, owner or manager, plus one space for each two employees.

Spaces in municipal parking lots or on-street parking, where provided, may be credited toward the parking requirements for these non-residential uses, provided that:

1) these spaces are within 400 feet of the uses to be served.

2) the parking needs of existing facilities (within 400 feet and computed on the same basis as for new facilities) are satisfied first, and only excess capacity is used for this purpose.

3) a. special permit for such use is obtained from the Zoning Board of Appeals.

b. Industrial Uses One space for each two employees, company vehicle, custodian dwelling.
No off-street parking except for visitors permitted in front yard.

c. Public and Semi-Public Uses For churches one space for each four seats plus one for each clergyman and each two employees.

For community building, one space for each four seats, 60 square feet floor area, two employees.

For schools, one space for each two employees including teachers. Loading and unloading space for buses.

For clubs, one space for each two members, two employees.

d. Recreational Uses For stadium, one space for each four seats and for each two employees.

e. Residential Uses For dwellings, one space for each dwelling unit, to be provided on a buildable portion of the lot.

For home occupation, one space for each employee. Where home occupation is authorized no off-site parking shall be permitted.

For boarding house, one space for each bedroom.

For multi-family dwellings, three spaces for each two units.

f. For uses not listed herein, as established by the Zoning Board of Appeals.

3. Calculation of Required Spaces - In the case of combination of uses, the total requirements for off-street automobile parking spaces shall be the sum of the requirements for the various uses, unless it can be proven that staggered hours of use would permit modification. Whenever a major fraction of a space is required, a full space shall be provided.

4. Dimensions for Off-Street Automobile Parking Spaces - Every such space provided shall be at least ten feet wide and 20 feet long, and every space shall have direct and usable driveway access to a street or alley with minimum maneuver area between spaces as follows:

a. Parallel Curb Parking Five feet end to end with 12-foot aisle width for one-directional flow and 24 foot aisle width for two-directional flow.

b. 30 Degree Parking 13-foot aisle width for one-directional flow and 26-foot aisle width for two-directional flow.

c. 45 Degree Parking 16-foot aisle width for one directional flow and 26-foot aisle width for two-directional flow.

d. 60 Degree Parking 21-foot aisle width for one-directional flow and 26-foot aisle width for two-directional flow.

e. Perpendicular Parking 26 foot aisle width for one-direction and two-direction flow.

5. Location of Required Spaces - In any Residential district, required automobile parking spaces shall be provided on a buildable portion of the same lot and shall not encroach on any required yards, or required open area.

In Commercial districts or