Town of Eden, NY
Erie County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
A. 
The general regulations affecting the use of buildings, structures and land for each of the districts established by Article III are hereby established and set forth in this article. Single-family uses are keyed in this article by the parentheses around respective use groups or references.[1]
[1]
Editor's Note: Original Section 3.2, Use Table, and Section 3.3, Rules for Use Table, which immediately followed this subsection, were deleted 3-24-1999 by L.L. No. 1-1999.
B. 
Any dwelling which existed as a residence in any district except the SR* District on May 11, 1977, may be changed from a one-family dwelling to a two-family dwelling, provided that the outside dimensions of the structure are not enlarged and further provided that each dwelling unit contains the required minimum livable floor area for a single-family dwelling in such district.
[Added 7-24-1991 by L.L. No. 1-1991]
A. 
Uses permitted by right:
(1) 
The following commercial agriculture operations and accessory uses thereto, provided that there shall be no stable or similar animal housing or the storage of manure or other odor- or dust-producing substance or use, except spraying and dusting to protect vegetation, within 50 feet of any lot line:
(a) 
The raising of field and garden crops, vineyard and orchard farming and the maintenance of nurseries. Use Group a.
(b) 
Keeping, breeding and raising of cattle (including dairies), sheep, goats, pigs and horses and rental of horses, on lots of 20 acres or more. Use Group a.
(c) 
Keeping, breeding and raising of fowl on lots of five acres or more. Use Group a.
(2) 
Buildings, structures and uses owned and operated by the Town of Eden. Use Group b.
(3) 
Municipal parks and playgrounds. Use Group b.
(4) 
Commercial forestry. Use Group a.
(5) 
Outdoor recreational facilities, including golf courses, ice skating rinks, swimming pools, parks, playfields and ski areas subject to § 225-32A. Use Group c.
(6) 
One-family detached dwellings, not to exceed one dwelling on each lot. Use Group (d).
B. 
Uses by special permit of the Town Board:
(1) 
Annual membership clubs providing outdoor recreation facilities subject to § 225-32A. Use Group e.
(2) 
Other annual membership clubs. Use Group e.
(3) 
Railroad, public utility, radio and television transmission antennas and rights-of-way. Use Group f.
(4) 
Summer colonies and vacation camps subject to § 225-32B. Use Group f.
(5) 
Airports and heliports subject to § 225-32C. Use Group f.
(6) 
Sandpits, gravel pits and excavations of natural resources subject to § 225-32D. Use Group f.
(7) 
Cemeteries on plots of 10 acres or more. Use Group g.
(8) 
Commercial dog or veterinary kennel subject to § 225-32E. Use Group a.
(9) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection B(9), Reservoirs on plots of three acres or more, was repealed 6-13-2001 by L.L. No. 4-2001.
(10) 
Dormitory accommodations for housing migratory agricultural workers, provided that such premises are constructed in conformance with the New York State Multiple Residence Law and are not occupied for more than eight months in any calendar year. Use Group g.
(11) 
Temporary trailers for the housing of farm workers. Use Group g.
[Amended 7-10-1996 by L.L. No. 4-1996]
(12) 
Hospitals or sanitariums for general medical care subject to § 225-32G. Use Group h.
[Added 10-23-1985 by L.L. No. 3-1985]
(13) 
Underground, surface or overhead utilities and quasi-utilities, including gas, electrical, water, telephone and cable television transmission systems, including appurtenances thereto, except transmission towers, telephone lines, call boxes and other similar equipment and accessories necessary for furnishing of adequate service by public utilities and quasi-utility substations, pumping stations and other unmanned structures that harmonize with the neighborhood, having adequate fences and other safety devices, screening and landscaping. Use Group i.
[Added 6-13-1990 by L.L. No. 3-1990]
C. 
Permitted accessory uses:
(1) 
Accessory parking.
(2) 
Accessory loading.
(3) 
Accessory signs.
(4) 
Accessory to uses in Subsection A(1): barns, silos and produce storage and packing warehouses, provided that such accessory buildings shall conform to the yard requirements for principal buildings.
(5) 
On special permit of the Board of Appeals, home occupations subject to § 225-32F.
(6) 
Garden houses, toolhouses, playhouses and garages subject to § 225-25.
(7) 
Swimming pools subject to § 225-32I.
(8) 
Private garages accessory to the principal use of the lot.
(9) 
Keeping of animals as follows: not more than four horses over six months old; not more than 10 fowl; and not more than two of any other species of animal. No animal shall be maintained within 75 feet of any plot line except dogs and cats.
[Amended 12-29-2010 by L.L. No. 1-2011]
(10) 
Animal kennels.
(11) 
Accessory to uses in Subsection A(1): one-story building for display and sale of agricultural and nursery products, provided that any such building does not exceed 5,000 square feet in floor area and is set back 30 feet from any line.
[Amended 11-14-2001 by L.L. No. 8-2001]
(12) 
On special permit of the Board of Appeals, resident professional office subject to § 225-32F.
(13) 
On special permit of the Board of Appeals, use of a barn in existence since May 11, 1977, for storage.
[Added 7-24-1991 by L.L. No. 1-1991]
(14) 
On special permit of the Board of Appeals, bed-and-breakfast accommodations.
[Added 7-24-1991 by L.L. No. 1-1991]
(15) 
Accessory to residential use, satellite and TV dishes complying with § 225-25.
[Added 11-14-2001 by L.L. No. 8-2001]
D. 
Permitted accessory signs:
[Amended 3-24-1999 by L.L. No. 1-1999]
(1) 
Accessory to permitted residences: one nonilluminated nameplate or professional sign with an area of not over two square feet.
(2) 
For any nonresidential establishment permitted: one indirectly illuminated sign not over 10 square feet in area at least 25 feet from the street line and not more than two nonilluminated directional signs, each not over two square feet in sign area, provided that such signs are set back at least 10 feet from the street line.
(3) 
For any structure for sale or for rent: one temporary, nonilluminated "for sale" or "for rent" sign not over six square feet in area. Such temporary use shall cease within 30 days after sale or rental is consummated. A sign for any other advertising purposes pertaining to the premises or building shall not exceed six square feet and shall be permitted for a period not to exceed 30 consecutive days.
(4) 
Refer to § 225-29 for supplementary sign regulations.
E. 
Minimum off-street parking:
(1) 
Two spaces per dwelling unit with full turnaround area. Turnaround driveways shall be mandatory on certain roads in the Town of Eden. They are to include: Route 62, Route 75, East Eden Road, Jennings Road, East Church Street and West Church Street.
[Amended 7-24-1991 by L.L. No. 1-1991; 11-14-2001 by L.L. No. 8-2001]
(2) 
Outdoor recreation areas: one parking space for each five persons for whom designed but not fewer than four spaces per acre.
(3) 
Boat docks, marinas and clubhouses: one space for each three persons for whom seating is provided.
(4) 
Boat ramps: one space for each member.
(5) 
Golf courses and clubs: 10 parking spaces for each tee.
(6) 
Skiing areas: one parking space for every 10 persons of practical lift capacity.
(7) 
Annual membership clubs: one space for each 100 square feet of floor area occupied by all principal or accessory structures, except those used for parking purposes, or one for each 15 members.
(8) 
Buildings or open stands for display and sale of agricultural products: one space for five feet of front wall of such stand or 300 square feet of floor space, whichever is greater.
(9) 
Vacation campgrounds and summer colonies: one space for each unimproved campsite and one space for each .5 improved campsite.
(10) 
Cemeteries: off-street standing area to accommodate 50 automobiles.
(11) 
Summer colonies: one space for each on-site employee.
(12) 
Home occupation: three spaces in addition to Subsection E(1) above or as determined by the Board of Appeals based on anticipated usage. There shall be provided sufficient parking to accommodate all prospective patrons for all but the 10 highest hours of usage each year.
(13) 
Resident professional office: as many spaces as shall be required by the Board of Appeals, taking into account the proposed business use.
[Amended 7-24-1991 by L.L. No. 1-1991]
F. 
Minimum off-street loading berths: for any use in Subsections A and B, one loading berth for any building or structure exceeding 10,000 square feet.
G. 
Additional use regulations.
(1) 
Refer to § 225-28 for prohibited uses.
(2) 
Screening requirements. All nonresidential uses adjoining or abutting a residential zone or use shall provide appropriate screening and/or plantings on the side or sides facing said residential use or zone. In granting any site plan approval, the Planning Board shall require such screenings and/or plantings as will sufficiently insulate the residential from the nonresidential uses.
(3) 
Site plan approval. All uses listed require site plan approval by the Planning Board in accordance with § 225-30 with the following exceptions: agriculture, forestry, cemeteries, reservoirs, one-family dwellings, two-family dwellings, semi-attached dwellings and permitted accessory uses thereto.
(4) 
Garage and off-street parking facilities. Where one or more motor or other vehicles recurrently park by reason of the use and occupancy of any premises, there shall be provided and satisfactorily maintained thereon adequate garage or vehicular parking space for the number and in proportion to the size of the vehicles which so park, the minimum to be not less than 200 square feet per automobile in addition to 24 feet of driveway and backing and turning out space.
(5) 
Off-street loading berths. Where required by these regulations, off-street loading berths shall be provided consisting of 12 feet by 44 feet of loading space and 12 feet in height with sufficient turning and backing areas. Berths shall be provided with a dustless surface and shall be screened in a manner precluding view from any public street or residential area. (Residential areas shall mean land zoned for residential use or actually in residential use.) No berth shall occupy any required yard.
(6) 
Nonresidential performance standards. All uses listed herein shall be subject to performance standards as cited in § 225-28.
(7) 
Transfer of development rights option shall be in accordance with § 225-34.
A. 
Uses permitted by right:
(1) 
Same as § 225-10A(1), (2), (3), (4) and (5). Bulk regulations for the uses indicated are the same as found in the district from which referenced.
(2) 
One-family detached dwellings not to exceed one dwelling on each lot. Use Group (a).
B. 
Uses by special permit of the Town Board:
(1) 
Same as § 225-10B. Bulk regulations for the uses indicated are the same as found in the district from which referenced.
(2) 
Mobile home parks subject to Chapter 142, Mobile Home Parks. Use Group i.
[Added 7-10-1996 by L.L. No. 6-1996]
C. 
Permitted accessory uses: same as § 225-10C.
D. 
Permitted accessory signs: same as § 225-10D.
E. 
Minimum off-street parking:
(1) 
Same as § 225-10E.
(2) 
Refer to Chapter 142, Mobile Home Parks.
[Added 7-10-1996 by L.L. No. 4-1996]
F. 
Minimum off-street loading berths: same as § 225-10F.
G. 
Additional use regulations: same as § 225-10G.
[1]
Editor's Note: Former § 225-12, APO Agricultural Preservation Overlay District, as amended, was repealed 11-18-2000 by L.L. No. 5-2000.
A. 
Uses permitted by right:
(1) 
Same as § 225-10A(1), (2), (3), (4) and (5). Refer to Subsection G for supplementary regulations applying to agricultural uses. Bulk regulations for the uses indicated are the same as found in the district from which referenced.
(2) 
Places of worship, including parish houses. Use Group a.
(3) 
Public elementary and high schools operated by the people of the State of New York. Use Group b.
(4) 
One-family detached dwellings not to exceed one dwelling on each lot. Use Group (c).
(5) 
One-family detached dwellings not to exceed one dwelling on each lot, with water, no sewer. Use Group (d).
(6) 
One-family detached dwellings not to exceed one dwelling on each lot, with sewer, no water. Use Group (e).
(7) 
One-family detached dwellings not to exceed one dwelling on each lot, with sewer and water. Use Group (f).
B. 
Uses by special permit of the Town Board:
(1) 
Same as § 225-10B(1), (2), (3), (4), (5), (6), (7), (8), (12) and (13). Bulk regulations for the uses indicated are the same as found in the district from which referenced.
[Amended 6-13-1990 by L.L. No. 3-1990; 6-13-2001 by L.L. No. 4-2001]
(2) 
Private schools and colleges and other educational institutions other than trade and technical schools. Use Group g.
(3) 
Philanthropic or eleemosynary institutions, hospitals or sanitariums for general medical care, subject to § 225-32G. Use Group g.
(4) 
Same as § 225-11B(2).
[Amended 7-10-1996 by L.L. No. 4-1996]
C. 
Permitted accessory uses:
(1) 
Same as § 225-10C.
(2) 
Dormitory accommodations for housing migratory agricultural workers accessory to commercial agricultural operations existing as of January 1, 1998, provided that such premises are constructed in conformance with the New York State Multiple Residence Law and are not occupied for more than eight months in any calendar year. Note: Bulk regulations applicable to this permitted accessory use are Use Group g in the C Conservation District.
[Added 11-4-1998 by L.L. No. 5-1998]
D. 
Permitted accessory signs: same as § 225-10D.
E. 
Minimum off-street parking:
(1) 
Same as § 225-10E.
(2) 
Places of worship: one for each five persons of seating capacity.
(3) 
Schools: one for each 12 seats of students or four seats in an auditorium, whichever is greater.
(4) 
Hospitals: one for each three beds.
(5) 
Same as § 225-11E(2).
[Amended 7-10-1996 by L.L. No. 4-1996]
F. 
Minimum off-street loading berths: same as § 225-10F.
G. 
Additional use regulations:
(1) 
Same as § 225-10G(1), (2), (3), (4), (5) and (6).
(2) 
Agricultural uses. Agricultural uses, including customary farm occupations, shall be subject to the following conditions:
(a) 
Buildings utilized for horticulture, nurseries, greenhouses and for raising and housing agricultural crops and for any other activity incidental to agricultural activities shall be permitted, provided that no building is located nearer than 100 feet to any lot line, except residential buildings and greenhouses, which may be located in conformance with the standards for residences within those districts in which they are located.
(b) 
The display for sale of products grown or raised by the owner, tenant or lessee shall only be permitted where:
[1] 
No processed products shall be offered for sale.
[2] 
The sale of such products is within the confines of the property upon which they have been grown or raised.
[3] 
The place of sale, whether of a permanent or temporary nature, shall not be closer than 30 feet to any lot line, nor shall the storage of any such products outside a structure be located closer than 30 feet to any lot line.
[4] 
The sale of any such products shall not have a deleterious effect on adjoining properties by reason of nuisance or health hazard.
[5] 
The sale of any such products shall also require that a suitable amount of off-street parking and loading space be provided.
(c) 
Agricultural uses as permitted herein shall restrict the storage and use of manure, dust-producing substances or any use producing odor or dust to no less than 200 feet from any property line.
A. 
Uses permitted by right:
(1) 
Same as § 225-10A(1), (2), (3) and (4). Bulk regulations for the uses indicated are the same as found in the district from which referenced.
(2) 
Same as § 225-13A(2) and (3). Bulk regulations for the uses indicated are the same as found in the district from which referenced.
(3) 
Same as § 225-13A(4). Use Group (a).
(4) 
Same as § 225-13A(5). Use Group (b).
(5) 
Same as § 225-13A(6). Use Group (c).
(6) 
Same as § 225-13A(7). Use Group (d).
B. 
Uses by special permit of the Town Board:
(1) 
Same as § 225-10B(3), (7), (12) and (13). Bulk regulations for the uses indicated are the same as found in the district from which referenced.
[Amended 6-13-1990 by L.L. No. 3-1990; 6-13-2001 by L.L. No. 4-2001]
(2) 
Same as § 225-13B(2) and (3). Bulk regulations for the uses indicated are the same as found in the district from which referenced.
(3) 
Two-family dwellings. Use Group e.
C. 
Permitted accessory uses: same as § 225-10C.
D. 
Permitted accessory signs: same as § 225-10D.
E. 
Minimum off-street parking: same as § 225-13E.
F. 
Minimum off-street loading berths: same as § 225-10F.
G. 
Additional use regulations:
(1) 
Same as § 225-13G.
(2) 
SR Suburban Residential - Restricted Use District shall be limited to uses in Subsection A(1) through (6) and Subsection B(1) and (2) only.
A. 
Uses permitted by right:
(1) 
Same as § 225-10A(2), (3) and (4). Bulk regulations for the uses indicated are the same as found in the district from which referenced.
(2) 
Same as § 225-13A(2) and (3). Bulk regulations for the uses indicated are the same as found in the district from which referenced.
(3) 
Same as § 225-13A(5). Use Group (a).
(4) 
Same as § 225-13A(6). Use Group (b).
(5) 
Same as § 225-13A(7). Use Group (c).
(6) 
Two-family dwellings. Use Group d.
(7) 
Semi-attached dwellings. Use Group e.
(8) 
Commercial agricultural operations, as described in § 225-10A(1) above, existing as of January 1, 1998. Bulk regulations for the uses indicated are the same as found in the district from which referenced.
[Added 5-27-1998 by L.L. No. 2-1998]
B. 
Uses by special permit of the Town Board:
(1) 
Same as § 225-10B(1), (2), (7), (12) and (13). Bulk regulations for the uses indicated are the same as found in the district from which referenced.
[Amended 10-23-1985 by L.L. No. 3-1985; 6-13-1990 by L.L. No. 3-1990; 7-9-1997 by L.L. No. 8-1997]
(2) 
Multiple dwellings subject to § 225-32H. Use Group f.
C. 
Permitted accessory uses: same as § 225-10C(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11) and (12).
[Amended 3-24-1999 by L.L. No. 1-1999]
D. 
Permitted accessory signs: same as § 225-10D.
E. 
Minimum off-street parking: same as § 225-13E.
F. 
Minimum off-street loading berths: same as § 225-10F.
G. 
Additional use regulations:
(1) 
Same as § 225-13G(1).
(2) 
No permit shall be issued for any residential use not served by either sewer or water systems.
(3) 
Commercial agricultural operations: same as § 225-13G(2).
[Added 5-27-1998 by L.L. No. 2-1998]
[Added 9-26-2001 by L.L. No. 10-2001]
A. 
Purpose.
(1) 
In accordance with the recommendations and policies of the Town of Eden 2015 Comprehensive Plan, this overlay district is designed to better manage and improve commercial growth along the Route 62 corridor through the implementation of guidelines to regulate development and redevelopment, architectural design, landscaping, signage, traffic and transportation. This overlay is also intended to encourage the development of uses that are in harmony with the surrounding area., preserve the pedestrian character of the hamlet, improve the visual character of the area, protect adjoining residential uses, and enhance the area as an important commercial center for the Town.
(2) 
This overlay will act to regulate the Route 62 corridor as a commercial district, with four distinct areas that possess unique characteristics, as follows.
(a) 
The area situated between approximately Shadagee Road and Schoolview Drive, zoned GB on the Town's Zoning Map, herein referred to as the "Hamlet Transition Area," is a transition area into the hamlet, which can support larger business and commercial uses.
(b) 
The area situated between approximately Schoolview Drive and Roswell Parkway, zoned OB and GB on the Town's Zoning Map, herein referred to as the "Residential/Office Area," is a mixed-use area suitable for residences and small commercial businesses in residential-type structures.
(c) 
The area between approximately Roswell Parkway and Second Street, zoned GB, herein referred to as the "CBD Area," is the central business core of the Town.
(d) 
The area between approximately Second Street and New Jerusalem Road, zoned GI, herein referred to as the "Industrial/Economic Development Area," is a growing industrial and commercial area of the Town.
(3) 
The Route 62 Hamlet Overlay District regulations will supplement the underlying zoning restrictions and provide for safe and orderly development within all four portions of the defined section of Route 62.
B. 
Boundary description. This overlay district shall encompass the corridor of Route 62, including the four areas outlined above, extending from the intersection of Shadagee Road on the north southward through the hamlet area and ending at New Jerusalem Road. The overlay district will also extend west along West Church Street from the intersection with Route 62 to the railroad, and along East Church Street eastward from the intersection with Route 62 for a distance of approximately 600 feet. The overlay district shall encompass all frontage and corner lots within the defined area along Route 62 and West and East Church Street.
C. 
Objectives. The special regulations contained herein, which govern all proposed development and redevelopment within the boundaries of the Route 62 Hamlet Overlay District, shall be founded upon the following objectives:
(1) 
Hamlet Transition Area.
(a) 
The existing commercial character of the area shall be continued with attention given to architectural design and signage. While larger commercial uses and chains could be allowed in this area, the area is the entrance to the hamlet area, and architectural designs should complement surrounding land uses to improve the character and provide for a positive image of the area.
(b) 
To promote more efficient traffic flow and traffic safety, every effort shall be made to provide shared means of ingress and egress to developed and developing properties. Where applicable, reference should be made to the Town/New York State Department of Transportation Access Management Guidelines and regulations.
(c) 
Landscaping and setback standards shall be implemented to improve the visual characteristics of the area.
(d) 
All signage and lighting fixtures shall be of an appropriate size and scale, and aesthetically designed, so as to improve the overall quality of the area.
(2) 
Residential/Office Area.
(a) 
This is an area of mixed-use developments with a strong residential character. Attention should be given to the compatibility of adjoining developments when reviewing project proposals.
(b) 
Conversions of residential structures for office or commercial use shall be allowed. Any new structures built within this area shall be the size and character of a single-family residence.
(c) 
Projects should be "pedestrian friendly." Pedestrian access should be an integral part of any site plan in this area.
(d) 
Parking should be at the sides or rear of the buildings wherever feasible, and screened to maintain the residential character of the area.
(e) 
Landscaping and setback standards should be utilized to improve visual characteristics and buffer development and redevelopment from adjoining sensitive land uses.
(f) 
Consideration should be given to the design, placement and height of lighting fixtures and signage. Such appurtenances shall be of an appropriate size and scale so as to reduce adverse effects and improve the character of the area.
(3) 
CBD Area.
(a) 
Emphasis shall be placed upon redevelopment of existing properties.
(b) 
Projects should be "street and pedestrian friendly." Pedestrian access should be an integral part of the site plan for any development. Curb cuts should be kept to a minimum and shared driveways encouraged in order to minimize conflicts between pedestrian and vehicular traffic.
(c) 
Although sites should accommodate parking at the sides or rear of the building wherever feasible, parking requirements should be flexible, allowing street parking and agreements for shared parking between businesses to be counted as part of the required parking spaces.
(d) 
Architectural standards shall complement the character of a hamlet central business district and provide for an improved and positive image for the area. Appropriate facade designs that improve the character of the area shall be required. Chain (prototypical) buildings should be modified to be compatible with the character of the hamlet central business district.
(e) 
Development shall promote the character of the hamlet core by maintaining the existing setback and style of the row storefronts in this area.
(4) 
Industrial/Economic Development Area.
(a) 
This area shall be identified as an industrial/commercial growth area.
(b) 
Standards for this area shall provide sufficient controls to ensure proper development in this area, while providing enough flexibility to encourage business development.
D. 
Permitted uses. The uses permitted in the Route 62 Hamlet Overlay District shall be the same as the underlying zoning district(s).
E. 
Accessory uses. The accessory uses permitted in the Route 62 Hamlet Overlay District shall be the same as the accessory uses permitted in the underlying zoning district(s).
F. 
Site design conditions.
(1) 
General (applies to all four areas).
(a) 
All new buildings, modifications to buildings and changes in use within the Route 62 Hamlet Overlay District shall be subject to site plan review.
(b) 
A detailed landscaping plan shall be included with the site plan submission.
(c) 
Architectural renderings depicting all sides of the building(s) will be provided.
(d) 
Refuse storage (dumpster) locations shall be depicted on the plans, and shall not be located near or adjacent to surrounding residential properties.
(e) 
No outdoor speakers or other noise-producing devices shall be permitted.
(2) 
Hamlet Transition Area.
(a) 
Off-street loading/service areas must be screened by wooden, brick or masonry fences at least six feet in height. Such fencing is also required for refuse dumpster locations. These areas should not be visible from Route 62.
(b) 
Spacing of curb cuts along Route 62 shall meet the requirements of the Town's Access Management Program or the NYSDOT Access Management Guidelines. Site plan design must make every effort to provide for shared access or cross-easement agreements to adjacent properties.
(c) 
Signage shall not include pylon signs or any form of flashing lights. Signage shall be designed at ground level, typically not exceeding 12 feet in height, and should contain components such as brick.
(d) 
Two concept sketches shall be presented to the Planning Board for its review. Each option shall include a rendering of how the building will appear from Route 62. Architectural guidelines are as follows:
[1] 
Diversity of architectural design shall be encouraged, but multiple buildings on the same site shall be designed to create a cohesive visual relationship between buildings.
[2] 
Prototypical corporate or franchise design style will be allowed in this area, but modifications should be made to accomplish an "Eden Theme" (rural farming community).
[3] 
The visibility of rooftop equipment should be minimized by grouping this equipment away from the public view.
[4] 
The sides of all buildings shall have an equivalent level of quality of materials, detailing and window placement. Abrupt ending of architectural details shall be avoided, and there should be no radical changes in details, features or materials.
[5] 
Long blank walls should be avoided.
[6] 
Modulation (defined as a measured setback or offset in a building face) shall be incorporated to reduce overall bulk and mass of buildings.
[7] 
Large buildings should have height variations to give the appearance of distinct elements.
[8] 
Building designs shall incorporate traditional building materials such as masonry, stone, brick, and other natural appearing materials.
[9] 
Building colors should accent, blend with, or complement the surrounding environment. Bright or brilliant colors should be reserved for trim and accents.
(3) 
Residential/Office Area.
(a) 
Redevelopment of existing buildings shall be encouraged.
(b) 
A landscape plan must be provided as part of the site plan application. All landscaping design shall include the provision for pedestrian access to and from the site.
(c) 
Landscape treatments and plantings shall be designed as an integral part of the entire development plan. The landscape plan shall include trees and other design treatments that complement the existing streetscape design.
(d) 
Signage shall be unobtrusive and be compatible with adjoining uses. Freestanding signs shall not be installed on pylons or greater than eight feet in height. Signs attached on the building shall meet all Town signage standards.
(e) 
Architectural standards are as follows:
[1] 
Buildings shall be residential in character and size.
[2] 
Visually interesting activities at the sidewalk edge shall be maintained and/or established to engage pedestrian interest.
[3] 
New building forms and elevations should be detailed and articulated to create interesting rooflines and strong patterns of shade and shadow.
[4] 
Large structures should be designed to reduce their perceived height and bulk by dividing the building mass into smaller-scale components.
[5] 
The rear of buildings (existing and proposed) shall be enhanced, where appropriate, to improve public access from parking lots and to improve views to surrounding residential properties.
(f) 
Redevelopment projects requiring site plan approval shall include plans for renovating the facade, and shall meet all other architectural standards as described above.
(4) 
CBD Area.
(a) 
A landscape plan must be provided as part of the site plan application. All landscaping design shall include the provision for pedestrian access to and from the site.
(b) 
Signage shall be unobtrusive. Freestanding signs are allowed, but signs may not be placed where they may obstruct free pedestrian movement. Signs shall meet all Town standards.
(c) 
Architectural standards are as follows:
[1] 
Trademark or prototypical buildings that identify the owner or occupant by a trademark architectural style are prohibited. Franchise operations shall be designed to harmonize with the four corners area.
[2] 
Blank walls and other dead or dull spaces at the street level shall be avoided. Visually interesting activities at the sidewalk edge shall be maintained and/or established to engage pedestrian interest.
[3] 
Building frontages should be active, with large nonreflective, minimally tinted window openings at ground level.
[4] 
Awnings and overhangs for shade and shelter are encouraged.
[5] 
New building forms and elevations should be detailed and articulated to create interesting rooflines and strong patterns of shade and shadow.
[6] 
Large structures should be designed to reduce their perceived height and bulk by dividing the building mass into smaller-scale components.
[7] 
The rear of buildings (existing and proposed) shall be enhanced, where appropriate, to improve public access from parking lots and to improve views to surrounding residential properties.
(d) 
Redevelopment projects requiring site plan approval shall include plans for renovating the facade, and shall meet all other architectural standards as described above.
(5) 
Industrial/Economic Development Area.
(a) 
A minimum ground area of not less than 15% of the total site area to be developed shall be landscaped area. Five percent of internal parking areas shall be greenspace (landscaped islands).
(b) 
The arrangement and location of landscaped areas shall be dispersed throughout the development so as to prevent unsightliness and eliminate the monotony of parked cars.
(c) 
For all areas, planted deciduous trees shall have a minimum caliper of 2 1/2 inches, measured six inches above grade. All planted coniferous trees shall have a minimum height of six feet above finished grade.
(d) 
Landscape treatments and plantings shall be designed as an integral part of the entire development plan.
(e) 
The primary emphasis of the landscaping treatment shall be on trees. Every effort shall be made to preserve and integrate existing trees into the site design. Preservation of existing trees may be credited.
(f) 
All required vegetative plantings shall be maintained in a healthy and productive condition and shall be routinely examined. Plant materials shall be replaced, as necessary or as directed by the Town. The Town Code Enforcement Officer shall enforce the upkeep of landscaped areas through periodic inspections and in response to complaints.
(g) 
Diversity of architectural design shall be encouraged, but multiple buildings on the same site shall be designed to create a cohesive visual relationship between buildings.
(h) 
Each application shall include a traffic control plan, including planned access to adjoining properties.
(6) 
The Planning Board may waive or modify any requirement under this section, but must not diminish the intent and purpose of the Route 62 Hamlet Overlay District.
G. 
Parking. In the CBD, Residential-Office, and Industrial/Economic Development Areas, the following parking requirements shall supercede other parking regulations contained in this chapter (other parking requirements are included in § 225-27A).
[Added 8-14-2002 by L.L. No. 1-2002]
(1) 
Shared parking. Shared parking, defined as one or more parking facilities being used jointly by multiple users, shall be allowed. Parking demands must “peak” during different times of the day. There shall be a shared use agreement between the parties who will be sharing parking. Parking shall be within 500 feet of the business.
(2) 
Credit for on-street parking. The amount of required off-street parking shall be reduced by one off-street parking space for every on-street parking space adjacent to the business. The allowable credit toward off-street parking requirements shall be addressed during site/design review.
(3) 
Reduction or waiver of minimum off-street parking requirements. The Planning Board has the power to reduce or waive minimum off street parking requirements, taking into account the proposed use, pedestrian accessibility and other reasonable indications that the amount of parking is adequate to meet estimated parking needs.
A. 
Uses permitted by right:
(1) 
Places of worship, including parish houses. Use Group a.
[Amended 8-11-2004 by L.L. No. 5-2004]
(2) 
Local office, including but not limited to realtor, notary public, bondsman, attorney, engineering, architectural, educational and scientific research, accounting and insurance. Use Group a.
[Amended 8-11-2004 by L.L. No. 5-2004]
(3) 
Living quarters accessory to a permitted commercial building. Living quarters should not be located in space designed as storefront space, or that portion of the building located on the ground floor facing the street. Use Group a.
[Added 11-14-2001 by L.L. No. 8-2001]
(4) 
Same as § 225-10A(2) and (3). Bulk regulations for the uses indicated are the same as found in the district from which referenced.
[Added 8-14-2002 by L.L. No. 2-2002]
(5) 
Small local retail shops (in existing structures or new buildings of less than 2,500 square feet first-floor dimension): floral shops, craft stores, bookstores, sewing and knitting supplies, and tourism-related materials. Other than these (and those listed in the following special use permit section), those uses listed in the LB and GB Districts are specifically excluded from this zone.
[Added 8-11-2004 by L.L. No. 5-2004]
B. 
Uses by special permit of the Town Board:
(1) 
Same as § 225-15A(3), (4), (5) and (6). Bulk regulations for the uses indicated are the same as found in the district from which referenced.
(2) 
Other small (less than 2,500 square feet first-floor dimensions or existing structure) retail or offices of a similar nature as in the uses listed by right. This specifically excludes banks, restaurants, and any use that requires a drive-through facility.[1]
[Added 10-23-1985 by L.L. No. 3-1985; amended 6-13-1990 by L.L. No. 3-1990; 8-11-2004 by L.L. No. 5-2004]
[1]
Editor's Note: Former Subsection B(3), allowing living quarters for not more than one family as a special permit use, added 3-27-1996 by L.L. No. 1-1996, was repealed 11-14-2001 by L.L. No. 8-2001. See now Subsection A(3).
C. 
Permitted accessory uses: same as § 225-10C(1), (2), (3), (5), (6), (7), (8), (9) and (12).
[Amended 7-9-1997 by L.L. No. 8-1997]
D. 
Permitted accessory signs: same as § 225-10D.
E. 
Minimum off-street parking:
(1) 
Same as § 225-13E(1) and (2).
(2) 
Business and professional offices: one space per 350 square feet of floor area.
[Amended 8-14-2002 by L.L. No. 1-2002]
F. 
Minimum off-street loading berths: same as § 225-10F.
G. 
Additional use regulations:
(1) 
Same as § 225-10G(1), (2), (3), (4), (5) and (6).
(2) 
Same as § 225-15G(2).
A. 
Uses permitted by right:
(1) 
Same as § 225-16A. Bulk regulations for the uses indicated are the same as found in the district from which referenced.
(2) 
Retail stores and banks. Use Group a.
(3) 
Personal service stores, such as, but not limited to, barbershops, beauty parlors and tailors. Use Group a.
(4) 
Eating and drinking places. Use Group a.
(5) 
Business, professional or governmental offices. Use Group a.
(6) 
Service establishments furnishing services other than of a personal nature but excluding gasoline filling stations and motor vehicle storage, repair or service. Use Group a.
(7) 
Theaters (except drive-in theaters). Use Group a.
(8) 
Clubs, such as fraternal and social, political, etc. Use Group a.
(9) 
Mortuaries and funeral parlors. Use Group a.
(10) 
Newsstands. Use Group a.
(11) 
Medical and dental clinics. Use Group a.
(12) 
Bicycle and specialty shops. Use Group a.
(13) 
Bed-and-breakfast accommodations. Use Group a.
[Added 12-9-1992 by L.L. No. 6-1992; 3-24-1999 by L.L. No. 1-1999]
(14) 
Same as § 225-10A(2) and (3). Bulk regulations for the uses indicated are the same as found in the district from which referenced.
[Added 5-14-1997 by L.L. No. 7-1997]
B. 
Uses by special permit of the Town Board:
(1) 
Dry-cleaning establishments for pickup and delivery only. Use Group b.
(2) 
Laundromats not exceeding 30 machines in capacity. Use Group b.
(3) 
Trailers for business, office and commercial purposes not exceeding six months' duration. Use Group b.
(4) 
Living quarters for not more than one family located within each permitted commercial building on each lot. Use Group b.
[Amended 9-14-1994 by L.L. No. 9-1994]
(5) 
Same as § 225-10B(12) and (13). Bulk regulations for the uses indicated are the same as found in the district from which referenced.
[Added 10-23-1985 by L.L. No. 3-1985; amended 6-13-1990 by L.L. No. 3-1990]
C. 
Permitted accessory uses:
(1) 
Same as § 225-10C(1), (2), (3), (5), (6), (8), (10) and (12).
(2) 
Accessory storage within a wholly enclosed permanent structure of materials, goods or supplies intended for sale, processing or consumption on the premises.
(3) 
Private aboveground swimming pools subject to § 225-32I.
[Added 9-10-1997 by L.L. No. 9-1997]
D. 
Permitted accessory signs:
(1) 
Same as § 225-10D(3), (4) and (5).
(2) 
Business signs with a total sign area per establishment not to exceed 10% of sign wall area and in no event more than 50 square feet in total sign face, subject to § 225-29.
(3) 
Temporary promotional signs not exceeding 25 square feet in total sign area and displayed no more than 10 days in any one-month period.
E. 
Minimum off-street parking:
(1) 
Same as § 225-16E.
(2) 
Retail stores and shops: one space per 200 square feet of floor area in sales use.
(3) 
Banks: one space per 300 square feet of floor area.
(4) 
Medical and dental clinics or offices: four spaces for each doctor or dentist, plus one space for each examining room or treatment room.
(5) 
Restaurants: one space for each three seats.
(6) 
Laundromats: one space per four machines installed.
F. 
Minimum off-street loading berths: same as § 225-10F.
G. 
Additional use regulations: same as § 225-10G(1), (2), (3), (4), (5) and (6).
A. 
Uses permitted by right:
(1) 
Same as § 225-17A. Use Group a.
(2) 
Outdoor amusement establishments, such as drive-in theaters, game farms, museum villages, kiddylands, golf driving ranges, swimming pools, beaches, skating rinks, racetracks and similar commercial amusement establishments where the principal use is not carried on in enclosed buildings with floor areas greater than 1,500 square feet. Use Group b.
[Amended 11-14-2001 by L.L. No. 8-2001]
(3) 
Hotels or motels subject to § 225-32M. Use Group b.
(4) 
Mobile home and trailer sales. Use Group b.
[Amended 7-10-1996 by L.L. No. 4-1996]
(5) 
Used car sales. Use Group b.
(6) 
Wholesale sales and incidental storage, provided that all goods shall be stored in fully enclosed structures in conformance with the bulk regulations for buildings. Use Group b.
(7) 
Newspaper and job printing. Use Group b.
(8) 
Places of public assembly. Use Group b.
(9) 
Bowling alleys. Use Group b.
(10) 
Any process of manufacture, assembly or treatment which is clearly incidental to a retail business or service conducted on the premises. Use Group b.
(11) 
Motor vehicle sales establishments for new motor vehicles. Used motor vehicle sales and repair and service garages shall be permitted only as accessory uses to new motor vehicle sales establishments located on the same lot subject to § 225-32K. Use Group b.[1]
[1]
Editor's Note: Original Subsection A(12), Bed-and-breakfast accommodations, which immediately followed this subsection and was added 12-9-1992 by L.L. No. 6-1992, was deleted 3-24-1999 by L.L. No. 1-1999.
(12) 
Living quarters accessory to a permitted commercial building. Living quarters should not be located in space designed as storefront space, or that portion of the building located on the ground floor facing the street. Use Group a.
[Added 11-14-2001 by L.L. No. 8-2001]
B. 
Uses by special permit of the Town Board:
(1) 
Same as § 225-17B(1), (2) and (3). Use Group c.
[Amended 3-24-1999 by L.L. No. 1-1999; 11-14-2001 by L.L. No. 8-2001]
(2) 
Lumber and building material and equipment sales and service. Use Group c.
(3) 
Schools of special instruction, such as secretarial schools, equipment operation schools, beautician schools and drafting schools. Use Group c.
(4) 
Gasoline service stations and service repair garages subject to § 225-32J. Use Group c.[2]
[2]
Editor's Note: Original Subsection B(5), regarding living quarters for not more than one family in a commercial building, which immediately followed this subsection and was added 8-15-1985 by L.L. No. 1-1985 and amended by L.L. Nos. 3-1992 and 9-1994, was deleted 3-24-1999 by L.L. No. 1-1999.
(5) 
Same as § 225-10B(12) and (13). Bulk regulations for the uses indicated are the same as found in the district from which referenced.
[Added 10-23-1985 by L.L. No. 3-1985; amended 6-13-1990 by L.L. No. 3-1990]
(6) 
Warehousing and storage-type services. Use group c.
[Added 4-23-2003 by L.L. No. 2-2003]
(7) 
New or used vehicle and equipment sales, rental, repair and services, including, but not limited to, farm equipment, snowmobiles, ATV's, trailers, motorbikes and the like. Use group c.
[Added 4-23-2003 by L.L. No. 2-2003]
(8) 
Motor vehicle washing facilities. Use group c.
[Added 4-23-2003 by L.L. No. 2-2003]
(9) 
Same as § 225-16B(1). Bulk regulations for the uses indicated are the same as found in the district from which referenced.
[Added 2-11-2004 by L.L. No. 1-2004]
C. 
Permitted accessory uses: same as § 225-17C.
[Amended 9-10-1997 by L.L. No. 9-1997; 3-24-1999 by L.L. No. 1-1999]
D. 
Permitted accessory signs:
(1) 
For uses in Subsection A(1): same as § 225-17D(2).
(2) 
For uses in Subsection B(1): same as § 225-17D(2).
(3) 
Same as § 225-10D(3), (4) and (5).
(4) 
For all other uses in Subsections A and B: business signs with a total sign area per establishment not to exceed 5% of sign wall area and in no event more than 80 square feet total sign face, subject to § 225-29.
E. 
Minimum off-street parking:
(1) 
Two spaces per dwelling unit with full turnaround area.
[Added 8-14-2002 by L.L. No. 1-2002]
(2) 
Buildings or open stands for display and sale of agricultural products: one space for five feet of front wall of such stand or 300 square feet of floor space, whichever is greater.
[Added 8-14-2002 by L.L. No. 1-2002]
(3) 
Home occupation: as many spaces as shall be required by the Board of Appeals, taking into account the proposed home occupation use.
[Added 8-14-2002 by L.L. No. 1-2002]
(4) 
Resident professional office: as many spaces as shall be required by the Board of Appeals, taking into account the proposed business use.
[Added 8-14-2002 by L.L. No. 1-2002]
(5) 
Places of worship: one for each five persons of seating capacity.
[Added 8-14-2002 by L.L. No. 1-2002]
(6) 
Business and professional offices: one space per 350 square feet of floor area.
[Added 8-14-2002 by L.L. No. 1-2002]
(7) 
Retail shops and stores: one space per 350 square feet of floor area in sales use.
[Added 8-14-2002 by L.L. No. 1-2002]
(8) 
Banks: one space per 350 square feet of floor area.
[Added 8-14-2002 by L.L. No. 1-2002]
(9) 
Medical and dental clinics or offices: four spaces for each doctor or dentist, plus one space for each examining room or treatment room.
[Added 8-14-2002 by L.L. No. 1-2002]
(10) 
Restaurants: one space for each three seats.
[Added 8-14-2002 by L.L. No. 1-2002]
(11) 
Laundromats: one space per four machines installed.
[Added 8-14-2002 by L.L. No. 1-2002[3]]
[3]
Editor's Note: This local law also renumbered former Subsection E(2) through (10) as E(12) through (20), respectively.
(12) 
Retail stores and shops in centers comprising greater than 50,000 square feet of gross floor area: 5.5 spaces per 1,000 square feet of gross floor area.
(13) 
Hotels and motels: one space per room plus one space for each two employees in the maximum work shift.
(14) 
Bowling alleys: two spaces per lane.
(15) 
Motor vehicle sales: one patron space per 1,000 square feet of floor area.
(16) 
Schools of special instruction: one space for each student or one space per 50 square feet of area in instructional use.
(17) 
Wholesale establishments or warehouses: one for each two employees in the maximum working shift or every 1,000 square feet of floor area, whichever is greater.
(18) 
Gasoline service stations: four spaces for each service bay, plus one space per 300 square feet of floor area outside service areas.
(19) 
Undertaking establishments and funeral houses: 10 spaces per parlor or chapel.
(20) 
Theaters: one space per four seats.
F. 
Minimum off-street loading berths:
(1) 
For uses in Subsection A(1) and Subsection B(1): same as § 225-17F.
(2) 
For all other uses in Subsections A and B: one loading berth for 10,000 square feet of floor space or major fraction thereof.
G. 
Additional use regulations: same as § 225-10G(1), (2), (3), (4), (5) and (6).
A. 
Uses permitted by right:
(1) 
Same as § 225-10A(2), (3), (4) and (5). Bulk regulations for the uses indicated are the same as found in the district from which referenced.
(2) 
Planned industrial development groups subject to § 225-32L. Use Group a.
(3) 
Office buildings for editorial, business and professional offices and research, design and development laboratories, including incidental clinics, cafeterias and recreational facilities for the exclusive use of company employees. Use Group b.
(4) 
Manufacturing, assembling, converting, altering, finishing, cleaning or any other processing or incidental storage of products or materials involving the use of only oil, gas or electricity for fuel and which operation, in the opinion of the Planning Board, will not create any dangerous, injurious, noxious or otherwise objectionable fire, explosive, radioactive or other hazard, noise or vibration, smoke, dust, odor or other form of air pollution, electromagnetic or other disturbance, glare or harmful discharge, storage or dispersal of liquid or solid wastes in a manner or amount so as to adversely affect the surrounding area. Use Group b.
(5) 
Lumber and building material and equipment sales and storage, provided that any lot containing outdoor storage shall be surrounded by a fence or wall with a height of not less than six feet nor more than 10 feet. Use Group b.
B. 
Uses by special permit of the Town Board:
(1) 
Same as § 225-10B(3), (5), (6), (12) and (13). Bulk regulations for the uses indicated are the same as found in the district from which referenced.
[Amended 10-23-1985 by L.L. No. 3-1985; 6-13-1990 by L.L. No. 3-1990; 6-13-2001 by L.L. No. 4-2001]
(2) 
Same as § 225-18B(3). Bulk regulations for the uses indicated are the same as found in the district from which referenced.
(3) 
One dwelling unit only on any lot for the exclusive use of an attendant, watchman or caretaker employed in connection with any permitted use on said lot. Use Group c.
(4) 
Bulk storage, including warehouses and oil and gas storage above ground. Use Group c.
(5) 
Manufacture of bricks or concrete blocks. Use Group c.
(6) 
Municipal refuse compacting and recycling centers and sanitary landfill operations. Use Group c.
(7) 
Public utility generating plant. Use Group c.
(8) 
Truck transfer terminals. Use Group c.
(9) 
Junkyards (excluding landfills), subject to Chapter 175, Solid Waste. Use Group c.
(10) 
New or used automobile, farm equipment, boat and trailer sales, rental, repair and services. Use Group b.
[Added 8-28-2002 by L.L. No. 3-2002; amended 9-23-2011 by L.L. No. 2-2011]
(11) 
Adult use and entertainment establishments, subject to supplementary regulations set forth in § 225-35. Use Group b.
[Added 1-26-2005 by L.L. No. 1-2005]
C. 
Permitted accessory uses:
(1) 
Same as § 225-10C(1), (2), (3), (6) and (8).
(2) 
Storage of goods, equipment, raw materials or products accessory to any permitted use.
D. 
Permitted accessory signs. For all uses in Subsections A and B: one sign facing each major street from which access to the lot is provided giving the names of the occupant or occupants of the premises. Any such sign shall not have an area that exceeds 40 square feet, and all such signs shall not have an aggregate area that exceeds 60 square feet. The top of any sign shall not be more than 12 feet above ground level, unless placed on the face of the building, in which case it shall not project above the roof of the building. Such sign may be illuminated but shall not be of the flashing type or lighted by exposed light sources. Necessary direction signs, not exceeding five square feet, shall be permitted.
E. 
Minimum off-street parking:
(1) 
Laboratory or research offices and manufacturing uses: one space for every two employees in the maximum working shift or one space for every 400 square feet of floor area, whichever is greater.
(2) 
For all other permitted uses: same as § 225-18E.
F. 
Minimum off-street loading berths:
(1) 
For uses in Subsection A(1): same as § 225-18F.
(2) 
For all other uses in Subsections A and B: one berth for 15,000 to 30,000 square feet, two berths for 30,001 to 50,000 square feet and three berths for 50,001 to 75,000 square feet. For each additional 25,000 square feet or major fraction thereof, one additional berth is required.
[Amended 3-24-1999 by L.L. No. 1-1999]
G. 
Additional use regulations: same as § 225-10G(1), (2), (3), (4), (5) and (6).
A. 
Uses permitted by right: same as § 225-19A. Bulk regulations for the uses indicated are the same as found in the district from which referenced.
B. 
Uses by special permit of the Town Board:
(1) 
Same as § 225-19B(1), (2), (3), (4), (5), (6), (7) and (8). Bulk regulations for the uses indicated are the same as found in the district from which referenced.
(2) 
Same as § 225-18A(2), (3), (4), (5), (6), (7), (8), (9), (10) and (11). Bulk regulations for the uses indicated are the same as found in the district from which referenced.
(3) 
Same as § 225-18B. Bulk regulations for the uses indicated are the same as found in the district from which referenced.
(4) 
Same as § 225-10B(12) and (13). Bulk regulations for the uses indicated are the same as found in the district from which referenced.
[Added 6-13-1990 by L.L. No. 3-1990]
(5) 
Same as § 225-15B(2).
[Added 11-5-2010 by L.L. No. 1-2010]
C. 
Permitted accessory uses:
(1) 
Same as § 225-19C.
(2) 
Same as § 225-17C(3).
[Added 3-24-1999 by L.L. No. 1-1999]
D. 
Permitted accessory signs: same as § 225-19D.
E. 
Minimum off-street parking: same as § 225-19E.
F. 
Minimum off-street loading berths: same as § 225-19F.
G. 
Additional use regulations: same as § 225-10G(1), (2), (3), (4), (5) and (6).
A. 
Uses permitted by right: all uses permitted in the primary district, subject to floodplain performance standards, except that residences are prohibited within floodplain areas. Refer to Chapter 114, Flood Damage Prevention. Bulk regulations are unchanged from the primary district, except as noted herein or in the supplemental regulations applying to this district.
B. 
Uses by special permit of the Town Board: all uses permitted in the primary district, subject to floodplain performance standards, except that residences are prohibited within floodplain areas. Refer to Chapter 114, Flood Damage Prevention. Bulk regulations are unchanged from the primary district, except as noted herein or in the supplemental regulations applying to this district.
C. 
Permitted accessory uses: same as primary district.
D. 
Permitted accessory signs: same as primary district.
E. 
Minimum off-street parking: same as primary district.
F. 
Minimum off-street loading berths: same as primary district.
G. 
Additional use regulations: same as primary district.
[Added 11-14-2001 by L.L. No. 8-2001]
A. 
Purpose.
(1) 
In accordance with the recommendations and policies of the Town of Eden 2015 Comprehensive Plan, this overlay is designed to preserve, to the maximum extent feasible, the important environmental features associated with major stream corridors within the Town. This will help to ensure the interconnection of open space elements in the Town, preserve rural character and scenic views, enhance flood protection, minimize non-point source pollution, preserve wildlife habitats, and protect the qualities of these corridors that contribute to both community character and property values.
(2) 
The Creekside Open Space Overlay shall supplement the underlying zoning restrictions and provide for harmonious, safe and orderly development within the overlay.
B. 
Boundary description.
(1) 
The locations and boundaries of the overlay shall encompass those areas identified in the 2015 Vision Map under the title "Creekside Open Space Corridors." These include the lands along Ryther Creek, Hampton Brook, 18-Mile Creek and the South Branch of the 18-Mile Creek, and some tributaries of these creeks. The overlay shall encompass all parcels fronting on these waterways and those areas demarcated on the Vision Map as being within these creeks' open space corridors.
(2) 
The Town has the authority to amend or add to the Vision Map as necessary, in the manner prescribed by law.
C. 
Objectives. The special regulations contained herein, which regulate and control all proposed development and redevelopment within the boundaries of the Creekside Open Space Overlay, shall be founded upon the following objectives.
(1) 
Important environmental features shall be preserved to the greatest extent feasible.
(2) 
Important environmental features shall be mapped to illustrate existing conditions for all site plan and subdivision applications to enable effective site development analysis.
(3) 
Development shall be sited to minimize adverse impacts to water quality, fish or wildlife habitats, freshwater wetlands, stormwater runoff, septic systems or any other activity on the site.
(4) 
To the greatest extent feasible, new structures shall be sited a minimum of 100 feet from the stream bank or outside the designated floodplain area, whichever is greater, in order to establish a buffer adjacent to the waterway to absorb floodwaters, trap sediments, protect habitats and preserve scenic qualities.
(5) 
The amount of land clearing shall be minimized, and development shall be designed around significant resources on site.
(6) 
Important habitats on site shall be identified, and new development shall avoid these areas to the greatest extent feasible.
D. 
Permitted uses and accessory uses.
(1) 
Uses permitted in the Creekside Open Space Overlay shall be the same as the uses permitted in the underlying zoning districts.
(2) 
Clustered development shall be encouraged, and in some cases required.
(3) 
Accessory uses permitted in the Creekside Open Space Overlay shall be the same as the accessory uses permitted in the underlying zoning districts.
E. 
Regulated activities. All activities that require subdivision or site plan approval shall meet the requirements of this section except as follows:
(1) 
Reconstruction of existing structures destroyed by natural disaster, provided that the new construction is of the same size and use.
(2) 
Repair and maintenance of septic, sewer facilities or utilities.
(3) 
Customary agricultural activities.
(4) 
Any emergency service or activity that is immediately necessary for the protection and preservation of life, property or natural resource values.
F. 
Subdivision regulations. The division of lands within the Creekside Open Space Overlay, regardless of the zoning classification, shall be subject to the subdivision regulations of the Town.[1] The following special regulations shall apply to all subdivision of lands within this overlay:
(1) 
The Town shall make all minor subdivisions subject to Planning Board approval (no subdivision committee approval).
(2) 
The Town can require the usage of cluster development to preserve features.
(3) 
Subdivision maps must clearly depict all environmental features.
(4) 
Clear cutting of trees shall be prohibited, and construction must minimize tree disturbance. Plans must show the extent of disturbance.
(5) 
Septic systems shall be restricted to areas having adequate percolation (no sand filters).
(6) 
The usage of open development area and other creative tools to minimize disturbance of important features shall be considered in the design and layout of the development.
(7) 
Erosion and sediment control, and re-establishment of disturbed areas must be clearly depicted on drawings.
(8) 
All development proposals within the Creekside Open Space Overlay shall be referred to the Conservation Advisory Board for review and comments.
[1]
Editor's Note: See Ch. 184, Subdivision of Land.
G. 
Site plan regulations.
(1) 
Site Plans must clearly depict all environmental features.
(2) 
Clear cutting of trees shall be prohibited, and construction must minimize tree disturbance. Plans must show the extent of disturbance.
(3) 
Septic systems shall be restricted to areas having adequate percolation (no sand filters).
(4) 
The usage of open development area and other creative tools to minimize disturbance of important features shall be considered in the design and layout of the development.
(5) 
Erosion and sediment control, and re-establishment of disturbed areas must be clearly depicted on drawings.
(6) 
All development proposals within the Creekside Open Space Overlay shall be referred to the Conservation Advisory Board for review and comments.
H. 
Variances. The Planning Board may waive or modify any requirements under this section where an undue hardship on the property owner is clearly demonstrated and, that in doing so. the intent and purpose of the overlay is not diminished.
[Added 11-14-2004 by L.L. No. 3-2007]
A. 
Purpose. The purpose of the RMS4 Overlay District is to identify the area within the Town of Eden which has been determined by federal and state agencies to be a regulated municipal separate storm sewer system (RMS4) under the Phase II Stonnwater Permit Program.
B. 
Boundary description. The RMS4 Overlay District consists of lands in the Town of Eden located within the regulated MS4 area identified on the map entitled "Buffalo, N.Y. Urbanized Area: Stormwater Entities as Defined by the 2000 U.S. Census," which map has a design date of October 21, 2002, published by the New York State Department of Environmental Conservation, which is the same area shown on the Wendel-Duescherer map entitled "Town of Eden MS4 Area," dated July, 2007, and contained in the Town of Eden Stormwater Management Plan.
C. 
Permitted uses. Any use which is permitted in the underlying zoning district is permissible in the RMS4 Overlay District, provided that use, construction and/or development is in conformance with such local laws or regulations as have been or will be enacted pursuant to the Phase II Stormwater Permit Program requirements, including, but not limited to, any local law providing for stormwater management and erosion management and sediment control and any local law prohibiting illicit discharges, activities and connections to separate storm sewer system.[1]
[1]
Editor's Note: See Ch. 177, Stormwater Management.