The regulations set by this chapter within each
district shall be minimum regulations and shall apply uniformly to
each class or kind of structure or land, and particularly, except
as hereinafter provided:
A.
No building, structure or land shall hereafter be
used or occupied and no building or structure or part thereof shall
hereafter be erected, constructed, reconstructed, moved or structurally
altered except in conformity with all the regulations herein specified
for the district in which it is located.
B.
No building or other structure shall hereafter be
erected or altered to exceed the height, to accommodate or house a
greater number of families, to occupy a greater percentage of lot
area or to have narrower or smaller yards or other open spaces than
herein required or in any other manner contrary to the provisions
of this chapter.
C.
No part of a yard or other open space or off-street parking or loading space required about or in connection with any building for the purpose of complying with this chapter shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other building, except as provided in § 165-37.
D.
No yard or lot existing at the time of enactment of
this chapter shall be reduced in dimension or area below the minimum
requirements set forth herein. Yards or lots created after the effective
date of this chapter shall meet at least the minimum requirements
established by this chapter.
[Added 12-12-2000 by L.L. No. 1-2000]
Multiple principal uses shall be permitted in
one or more buildings located on any approved lot in the NB, GB, LI
and GI Districts.
[Amended 7-27-1981 by L.L. No. 4-1981; 7-28-1992 by L.L. No. 4-1992; 5-25-1993 by L.L. No. 2-1993]
A.
Intent. The intent in creating Agricultural Districts
is to protect predominantly agricultural areas from suburban and urban
development, encourage the continuation of agriculture, reduce land
use conflicts and preserve open space and natural resources.
B.
Permitted principal uses:
(1)
General or specialized farming, truck gardening, greenhouses,
nurseries and fowl raising, provided that no killing shall be done
on the farm other than of animals raised on the farm for the use of
the farm residents, and provided further that on land devoted to the
housing or breeding of horses, cattle, swine, poultry, sheep, goats,
dogs or cats, the kennels or shelters for such animals shall not be
closer than 100 feet to all lot lines other than other front lot lines.
The storage of manure or other odor- or dust-producing materials shall
not be closer than 100 feet to any lot line.
(2)
Boarding of animals, excluding the renting or leasing
of animals and kennels.
(3)
Single-family detached dwellings.
(4)
Farm labor housing not exceeding three dwelling units.
C.
Permitted accessory uses:
(1)
Customary farm buildings and uses.
(2)
Roadside stands for the sale of seasonal agricultural products, some portion of which is to be grown by the operator, are allowed as accessory uses. Each roadside stand shall have a suitable off-street parking area, located at least 10 feet from the highway right-of-way, provided for the use of customers. Upon the close of the seasonal sales of the agricultural products, the roadside stand, and all commercial speech signage, shall be removed from along the highway right-of-way. Temporary promotional display signs, both on-site and off-site, may be permitted, subject further to the provisions contained in § 165-47B and C of this chapter.
[Amended 10-24-2006 by L.L. No. 6-2006]
(3)
Private garages.
(4)
Customary residential storage structures, subject to the provisions of § 165-58 of this chapter.
(10)
Public donation bins, subject to the provisions of § 165-65.2B of this chapter.
[Added 12-22-2009 by L.L. No. 6-2009]
(11)
Minor home occupations.
[Added 12-22-2009 by L.L. No. 6-2009]
D.
Special permit uses:
[Amended 12-12-2000 by L.L. No. 1-2000]
(1)
Kennels.
(2)
Major home occupations.
[Amended 12-22-2009 by L.L. No. 6-2009]
(3)
Public buildings and grounds.
(4)
Essential service structures, excluding power plants.
(5)
Airports.
(6)
Excavation operations.
(7)
Large-scale
ground-mounted solar PV systems.
[Added 1-25-2022 by L.L. No. 2-2022]
(8)
Agricultural/construction
equipment repairs and painting operations.
[Added 3-22-2022 by L.L. No. 3-2022]
E.
Lot size requirements. Notwithstanding any other provision
in the Town of Farmington Code to the contrary, the lot size requirements
in the A-80 Agriculture District are as follows:
(1)
The minimum lot width shall be 300 feet.
(2)
The minimum lot depth shall be 250 feet.
[Amended 7-27-1981 by L.L. No. 4-1981; 5-25-1993 by L.L. No. 2-1993]
A.
Intent. The intent in creating Rural/Residential Districts
is to maintain such areas in a rural state by protecting them from
premature urban development, to encourage the continuation of agriculture,
reduce land use conflicts and preserve open space and natural resources.
They serve as transitional areas between agricultural areas and more
suburban and urban development.
B.
Permitted principal uses:
(1)
General or specialized farming, truck gardening, greenhouses,
nurseries and fowl raising, provided that no killing shall be done
on the farm other than of animals raised on the farm for the use of
the farm residents, and provided further that on land devoted to the
housing or breeding of horses, cattle, swine, poultry, sheep, goats,
dogs or cats, the kennels or shelters for such animals shall not be
closer than 200 feet to any lot line.
(2)
Boarding of animals, excluding the renting or leasing
of animals and kennels.
(3)
Single-family detached dwellings.
(4)
Farm labor housing not exceeding three dwelling units.
E.
Lot size requirements. Notwithstanding any other provision
in the Town of Farmington Code to the contrary, the lot size requirements
in the RR-80 District are as follows:
(1)
The minimum lot width shall be 300 feet.
(2)
The minimum lot depth shall be 250 feet.
A.
Intent. The intent in creating Residential-Suburban
Districts (25,000 square feet lot size) is to establish regulations
for areas in which the principal use is the single-family residence
and which may be served by a public water supply but not by public
sanitary sewers.
D.
Special permit uses:
(1)
Major home occupations.
[Amended 12-22-2009 by L.L. No. 6-2009]
(2)
Public buildings and grounds, excluding those uses described in Subsections E, G, H and I in the definition of "public building" contained in § 165-10 of this chapter.
(3)
Essential services and structures, excluding power
plants, maintenance yards, storage yards and personal wireless telecommunications
facilities.
[Amended 4-22-1997 by L.L. No. 3-1997]
(4)
Cemeteries.
(5)
On-site-use
wind energy systems.
[Added 5-25-2010 by L.L. No. 4-2010]
[Added 6-10-1986 by L.L. No. 4-1986]
A.
The Planning Board may, upon the subdivider's application
therefor, classify a subdivision as R-7.2 Planned Subdivision District
if, in said Board's judgment, such classification would benefit the
Town, enable and encourage flexibility of design and development of
appropriate use of land, facilitate the adequate and economical provision
of streets and utilities and preserve the natural and scenic qualities
of open lands. Such districts shall be not less than 100 acres in
area, which land must be served by both sanitary sewers and public
water.
B.
Permitted principal uses shall be as follows:
(1)
Single-family detached dwellings with attached or
detached private garages.
(2)
Dwellings for two or more families, apartments and
apartment houses with attached or detached private garages.
(3)
Neighborhood shopping facilities consisting of retail
sales and service businesses, provided that site plan approval is
also required for each change in the type or location of such businesses,
structural change of the exterior of the business premises or enlargement
of the business premises or area in which the business is conducted.
E.
Size of lot.
(1)
The minimum width of lot for a single-family dwelling
shall be 60 feet, and the minimum area shall be 7,200 square feet.
(2)
Corner lots for single-family dwellings shall have
a minimum width of 80 feet and minimum area of 8,000 square feet.
(3)
The minimum width of lot for a two-family dwelling
or two-family apartment building shall be 80 feet, and the minimum
area shall be 9,600 square feet.
(4)
Corner lots for two-family dwellings or two-family
apartment buildings shall have a minimum width of 90 feet and minimum
area of 10,800 square feet.
(5)
There shall be no minimum area of lot for an apartment
house or dwelling for three or more families.
F.
Size of building.
(3)
The minimum unit sizes for an apartment house or dwelling
for three or more families shall be 912 square feet for each apartment
or dwelling unit therein, exclusive of additional building area required
for common uses of the tenants, such as lobbies, corridors, stairways,
elevator shafts and storage space or for other building area essential
and incidental to the overall primary use.
G.
Setbacks.
(1)
The minimum front setback for a single-family dwelling
shall be 35 feet, except that the minimum yard setback may be 25 feet
for not more than 25% of all single-family dwellings and 30 feet for
another 25% of all single-family dwellings. The minimum front setback
for all corner lots shall be 35 feet from each street or highway.
The minimum side setback shall be 7 1/2 feet, but the total minimum
side setback shall be 15 feet for each dwelling. The minimum rear
setback shall be 30 feet.
(2)
The minimum front setback for a two-family dwelling
or two-family apartment building shall be 35 feet from each street
or highway. The minimum side setback shall be 7 1/2 feet, but the
total minimum side setback shall be 15 feet for each building. The
minimum rear setback shall be 30 feet.
(3)
The minimum front setback for an apartment house or
dwelling for three or more families shall be 35 feet. The minimum
front setback for all corner lots shall be 35 feet from each street
or highway. The minimum side setback shall be 7 1/2 feet, but the
total minimum side setback shall be 15 feet for each building. The
rear setback shall be 30 feet.
H.
Distance between buildings.
(1)
The end walls of apartment houses and dwellings for
three or more families shall be not closer to another dwelling than
the height of the taller building as measured from the elevation of
the average finished grade to the eave line.
(2)
The minimum space between the front or rear wall of
an apartment house or dwelling for three or more families and another
dwelling shall be two times the height of the tallest building or
50 feet, whichever is greater.
I.
Garages; parking spaces; off-street loading and unloading
spaces. The following minimum garage, off-street parking, loading
and unloading spaces shall be provided:
(1)
For single-family dwellings, dwellings for two or more families, apartments and apartment houses: one garage space and 1 1/2 off-street parking spaces meeting the requirements of § 165-37 herein, except the Planning Board may permit such spaces to be located within the front and side yard setbacks.
[Amended 12-12-2000 by L.L. No. 1-2000]
(2)
For neighborhood shopping facilities: the number of off-street parking spaces and off-street loading and unloading spaces as required in § 165-37 herein, which spaces shall comply with the provisions of that section, except that the Planning Board may permit such spaces to be located within the front and side yard setbacks.
J.
Dwelling unit density. Not more than 5.0 single-family
dwellings per gross acre of site area are permitted, and not more
than 10.0 dwelling units in dwellings for two or more families, apartments
or apartment houses per gross acre of site area are permitted. The
ratio of dwelling units in dwellings for two or more families, apartments
or apartment houses to single-family dwellings shall not exceed the
ratio of two nonsingle to one single-family dwelling. Also, the total
dwelling unit density shall not exceed eight dwelling units per gross
acre of site area.
K.
Open spaces. In each R-7.2 Planned Subdivision District
there shall be provided lands available for park, recreation, open
space or other municipal purposes directly related to the plat subdivision,
and the following provisions shall apply to said lands hereinafter
referred to as "open spaces":
(1)
The following minimum areas of open space, exclusive
of streets, highways, parking spaces, off-street loading and unloading
spaces, building area, front yards, side yards and rear yards, shall
be provided:
(a)
For each single-family dwelling: 8,000 square
feet less the lot area or 400 square feet, whichever is greater.
(b)
For each two-family dwelling or two-family apartment
dwelling: 800 square feet.
(c)
For each dwelling unit in an apartment house
or dwelling for three or more families: 800 square feet.
(2)
The area, location, designation as open space and
statement of intended use shall be set forth on the subdivision plat
as to each open space area.
(3)
The location of and access to open spaces shall be
reasonably convenient to all residents of the subdivision.
(4)
Open spaces shall be suitably developed and maintained
for the purposes designated on the subdivision plat. The Planning
Board, as a condition of plat approval, may establish such conditions
on the ownership, use and maintenance of open spaces as it deems necessary
to assure the preservation of such open spaces for their intended
purposes.
L.
Width of highways. Interior roads shall have right-of-way
widths of not less than 50 feet.
A.
Intent. The intent in creating Residential Single-Family
Districts (15,000 square feet lot size) is to establish regulations
for locations in which the principal use is the single-family residence
in an urbanized area serviced by both public water and sewer facilities.
C.
Permitted accessory uses:
(1)
Private garages.
(2)
Customary residential storage structures, subject to the provisions of § 165-58 of this chapter.
(8)
Public donation bins, subject to the provisions of § 165-65.2B of this chapter.
[Added 12-22-2009 by L.L. No. 6-2009]
(9)
Minor home occupations.
[Added 12-22-2009 by L.L. No. 6-2009]
A.
Intent. The intent in creating Residential Multiple-Family Districts is the same as that specified for R-2 Districts in § 165-24 of this chapter.
D.
Special permit uses:
(1)
Major home occupations.
[Amended 12-22-2009 by L.L. No. 6-2009]
(2)
Public buildings.
(3)
Essential services and structures, excluding power
plants, maintenance yards, storage yards and personal wireless telecommunications
facilities.
[Amended 4-22-1997 by L.L. No. 3-1997]
(4)
Cemeteries.
(5)
Rooming and lodging houses.
(6)
Mobile home parks.
A.
Intent. The intent in creating Restricted Business
Districts is to provide areas for the location of professional and
administrative offices, service uses and related activities in a setting
which is attractive and convenient for public use while establishing
employment opportunities and broadening the tax base. This district
is intended to act as a buffer between residential areas and more
intensively used business and industrial districts.
B.
Permitted principal uses.
[Amended 3-24-1987 by L.L. No. 1-1987; 8-9-1988 by L.L. No. 8-1988]
(1)
Business, professional and executive offices, including
but not limited to offices for attorneys, architects, engineers, surveyors
and accountants, real estate and insurance agents and salespersons,
but not including retail sales, manufacturing or servicing of merchandise
of any kind on the premises.
(2)
Uses for the treatment and care of human beings, including
but not limited to medical and dental offices and clinics for physicians,
osteopaths, dentists, chiropractors, chiropodists, podiatrists, opticians,
optometrists and ophthalmologists, all excluding any overnight occupancy
or overnight care.
(3)
Banks and lending institutions.
(4)
Employment agencies.
(5)
Artists of performing arts studio, photography studio,
excluding the sale or rental of photographic supplies or equipment.
(6)
Public or private membership clubs, lodges or fraternal
organizations, neighborhood or community centers, YMCA or YWCA.
(7)
Barbershops, beauty shops, hair salons and other personal
service shops or uses.
(8)
Public buildings and grounds.
(9)
Similar uses to those listed above, which do not involve
retail sales or services, may be permitted subject to special use
permit approval by the Town Planning Board and a finding by the Board
that such use is of the same general character as those permitted
in this district and that such use, if permitted, will not cause adverse
impacts or be detrimental to other uses within the district or to
adjoining land uses.
C.
Permitted accessory uses:
(1)
Banks are permitted to have drive-in tellers if at
least 10 reservoir spaces are provided for each drive-in teller's
window.
(2)
A restaurant, newsstand, pharmacy or accessory storage
area incidental to a permitted principal use, but only when conducted
and entered from within the building, and provided that no exterior
display or advertising, other than permitted signage, is made of such
use.
[Amended 3-24-1987 by L.L. No. 1-1987; 8-9-1988 by L.L. No. 8-1988]
(5)
Residential uses within a structure in combination with other permitted uses, provided that such residential uses are accessory to the business conducted and are located elsewhere than on the street frontage of the ground floor and have a minimum area as required under § 165-79F.
D.
Special permit uses:
(1)
Essential services and structures, excluding power
plants, maintenance yards, storage yards and personal wireless telecommunications
facilities.
[Amended 4-22-1997 by L.L. No. 3-1997]
(2)
Hotels and motels.
(3)
Nursery schools or day-care centers or similar uses.
[Added 3-24-1987 by L.L. No. 1-1987; amended 8-9-1988 by L.L. No. 8-1988]
E.
Additional provisions and requirements. The provisions
of this subsection shall not apply to property that has frontage on
the rear access roads proposed in the Route 96/Route 332 Corridor
Development Plan, as adopted and amended by the Town of Farmington.
[Amended 3-24-1987 by L.L. No. 1-1987; 8-9-1988 by L.L. No. 8-1988]
(1)
In order to prevent strip-type development, to produce
more harmonious appearance and to promote public safety by reducing
access cuts to and from public highways, all development must take
place in areas which have a minimum frontage on public highways of
400 feet and a minimum size of 10 acres. Ownership need not be in
one owner, but adjacent owners similarly zoned may apply jointly if
their aggregate holdings meet those requirements and agree to a coordinated
development plan. Individual lots may be used within a development
area. Adjacent property owners will be required to give mutual easements
for vehicular traffic across their properties to permit vehicles to
get to limited points of access to and from public highways.
(2)
Accessways to control ingress and egress of motor vehicles shall be regulated as required in § 165-50.
(3)
Landscaping and buffering shall be provided in accordance with the requirements of § 165-60 of this chapter.
(4)
No business structure shall be permitted within 50
feet of the nearest boundary line of any residential district.
(5)
All utilities serving business uses in this district
shall be placed underground.
(6)
The design of structures must be of uniform architectural
style and treatment. Signs should be of a uniform style in both lettering
and design. Clear, legible directional signing is encouraged.
A.
Intent. The intent in creating Neighborhood Business
Districts is to provide locations where groups of small establishments
may be appropriately located to serve frequent commercial and personal
service needs of residents within convenient traveling distance. It
is not intended to permit major commercial or service establishments
in such districts.
B.
Permitted principal uses:
(1)
Bakery, confectionery, delicatessen and the like,
provided that products prepared or processed on the premises shall
be sold only at retail and only at the premises.
(2)
Barbershops, beauty shops, hair salons and other personal
service shops or uses.
[Amended 3-24-1987 by L.L. No. 1-1987; 8-9-1988 by L.L. No. 8-1988]
(3)
Drugstore, newsstand and tobacco shop.
(4)
Restaurants, except fast-food, drive-in and those
serving liquor.
(5)
Boutiques and specialty retail shops, including but
not limited to bookstores, florists, card or gift shops, candy stores,
secondhand-clothing stores, stationery stores and arts and crafts
stores.
[Amended 3-24-1987 by L.L. No. 1-1987; 8-9-1988 by L.L. No. 8-1988]
(6)
Grocery, meat market, fish market, specialty food
stores and convenience-type food stores.
[Amended 3-24-1987 by L.L. No. 1-1987; 8-9-1988 by L.L. No. 8-1988]
(7)
Laundry and dry-cleaning establishments, including
self-service.
(8)
Liquor stores, package only.
(9)
Custom dressmaking, millinery, hemstitching, pleating,
weaving or mending services, shoe repair and tailor shops.
[Added 3-24-1987 by L.L. No. 1-1987; amended 8-9-1988 by L.L. No. 8-1988]
(10)
Banks and lending institutions.
[Added 3-24-1987 by L.L. No. 1-1987; amended 8-9-1988 by L.L. No. 8-1988]
(11)
Similar uses to those listed above may be permitted
subject to special use permit approval by the Town Planning Board
and a finding by the Board that such use is of the same general character
as those permitted in this district and that such use, if permitted,
will not cause adverse impacts or be detrimental to other uses within
the district or to adjoining land uses.
[Added 3-24-1987 by L.L. No. 1-1987; amended 8-9-1988 by L.L. No. 8-1988]
(12)
Detached single-family dwellings.
[Added 7-11-1995 by L.L. No. 2-1995]
C.
Permitted accessory uses:
(3)
Residential uses within a structure in combination with other permitted uses, provided that such residential uses are accessory to the business conducted and are located elsewhere than on the street frontage of the ground floor and have a minimum area as required under § 165-79F.
(5)
Banks are permitted to have drive-in tellers if at
least five reservoir spaces are provided for each drive-in teller's
window.
[Added 3-24-1987 by L.L. No. 1-1987; amended 8-9-1988 by L.L. No. 8-1988]
D.
Special permit uses:
(1)
Public buildings and grounds.
(2)
Uses for the treatment and care of human beings, including
but not limited to medical and dental offices and clinics for physicians,
osteopaths, dentists, chiropractors, chiropodists, podiatrists, opticians,
optometrists and ophthalmologists, all excluding any overnight occupancy
or overnight care.
[Added 3-24-1987 by L.L. No. 1-1987; amended 8-9-1988 by L.L. No. 8-1988]
(3)
Essential services and structures, excluding power
plants, maintenance yards, storage yards and personal wireless telecommunications
facilities.
[Amended 4-22-1997 by L.L. No. 3-1997]
(4)
Business, professional and executive offices, including
but not limited to offices for attorneys, architects, engineers, surveyors
and accountants, real estate and insurance agents and salespersons.
[Amended 3-24-1987 by L.L. No. 1-1987; 8-9-1988 by L.L. No. 8-1988]
(5)
Private nursery schools or day-care centers or similar
uses.
[Added 3-24-1987 by L.L. No. 1-1987; amended 8-9-1988 by L.L. No. 8-1988]
A.
Intent. The intent of the General Business District
is to provide opportunities for an organization or enterprising entity
to engage in business, commercial, limited industrial, or professional
activities.
[Amended 1-25-2022 by L.L. No. 2-2022]
B.
Permitted principal uses:
(1)
Principal uses permitted in RB and NB Districts, except
public buildings.
(2)
Retail sales, including but not limited to department
and discount stores, drugstores and pharmacies, clothing and shoe
stores, hardware stores, furniture and home appliance stores, photographic
and video sales and rental stores, excluding uses regulated elsewhere
in this section as special permit uses.
[Amended 3-24-1987 by L.L. No. 1-1987; 8-9-1988 by L.L. No. 8-1988]
(3)
Commercial schools, such as barber, beauty, art or
dancing schools, and driver training schools.
[Amended 3-24-1987 by L.L. No. 1-1987; 8-9-1988 by L.L. No. 8-1988]
(4)
Furniture repair shops and upholstery shops.
[Added 3-24-1987 by L.L. No. 1-1987; 8-9-1988 by L.L. No. 8-1988]
(5)
Restaurants, except fast-food and drive-in, provided
that no adult entertainment will be permitted.
[Amended 3-24-1987 by L.L. No. 1-1987; 8-9-1988 by L.L. No. 8-1988; 4-26-1994 by L.L. No. 2-1994]
(6)
A group of businesses and commercial enterprises,
limited industrial and professional activities located within a commercial
plaza setting, excluding uses that would have tractor trailers parked
at loading docks for an extended period of time, uses where over 65%
of a building is used for warehousing of a product that is not produced
on the site, uses that would generate loud noises, smoke or objectionable
odors, and uses that would not involve any outdoor storage of materials
or project.
[Amended 3-24-1987 by L.L. No. 1-1987; 8-9-1988 by L.L. No. 8-1988; 1-25-2022 by L.L. No. 2-2022]
C.
Permitted accessory uses:
(1)
Accessory uses permitted in the RB and NB Districts.
(2)
Manufacturing, servicing and repair activities which
are clearly incidental to the retail or service activity conducted
on the premises may be permitted, provided that such activity produces
no offensive odors, noise, vibration, heat, glare or dust.
(3)
Vending machines, only when located wholly within
the main building, except that public telephones and newspaper vending
machines may be located outside a building.
D.
Special permit uses:
(1)
Special permit uses allowed in the RB and NB Districts.
[Amended 3-24-1987 by L.L. No. 1-1987; 8-9-1988 by L.L. No. 8-1988]
(2)
Motor vehicle service stations, self-service gasoline
stations and motor vehicle repair work of any kind.
[Amended 3-24-1987 by L.L. No. 1-1987; 8-9-1988 by L.L. No. 8-1988]
(3)
Motion-picture theaters, theaters and auditoriums
for the performing arts, roller-skating rinks, miniature golf courses,
practice driving ranges, golf courses, bowling alleys, tennis or racquetball
clubs, health clubs, pool halls and video game arcades.
[Amended 3-24-1987 by L.L. No. 1-1987; 8-9-1988 by L.L. No. 8-1988]
(4)
New or used motor vehicle, motorcycle, all-terrain
vehicle, snowmobile sales or recreational vehicles.
[Amended 3-24-1987 by L.L. No. 1-1987; 8-9-1988 by L.L. No. 8-1988]
(5)
Public garages.
(6)
Boat and marine sales.
(7)
Laundry and dry-cleaning plants.
(8)
Farm implement dealers.
(9)
The following uses, provided that they are conducted
within a completely enclosed building or within an area enclosed by
a suitable solid fence or wall:
(10)
Car washes, provided that no entrance or exit
drive shall be located within 100 feet of any street intersection,
and provided that there are at least 15 reservoir spaces as defined
herein for the first washrack or washlane and 10 reservoir spaces
for each additional washrack or washlane, with a maximum number of
reservoir spaces needed not to exceed 40 spaces.
(11)
Mobile home sales, service and repair establishments
and prefabricated home sales or model home sales separate from the
development site.
(12)
Fast-food and drive-in restaurants.
[Amended 3-24-1987 by L.L. No. 1-1987; 8-9-1988 by L.L. No. 1-1988]
(13)
Commercial greenhouse or plant nursery or similar
commercial agricultural uses.
[Added 3-24-1987 by L.L. No. 1-1987; amended 8-9-1988 by L.L. No. 8-1988]
(14)
Rentals of automobiles, trucks, trailers or
other vehicles.
[Added 3-24-1987 by L.L. No. 1-1987; amended 8-9-1988 by L.L. No. 8-1988]
(15)
Mini-warehouse structures, subject further to the provisions of § 165-84.1 of this chapter.
[Added 3-24-1987 by L.L. No. 1-1987; amended 8-9-1988 by L.L. No. 8-1988; 12-20-2005 by L.L. No.
4-2005]
(16)
Shopping plazas and shopping malls.
[Added 3-24-1987 by L.L. No. 1-1987; amended 8-9-1988 by L.L. No. 8-1988]
(17)
Essential services and structures, excluding
power plants, maintenance yards, storage yards and including personal
wireless telecommunications facilities.
[Added 4-22-1997 by L.L. No. 3-1997]
(18)
On-site-use wind energy systems.
[Added 5-25-2010 by L.L. No. 4-2010]
(19)
Large-scale ground-mounted solar PV systems.
[Added 1-25-2022 by L.L. No. 2-2022]
A.
Intent. The intent in creating Limited Industrial
Districts is to provide areas where light industrial uses may locate,
said areas being suited for this purpose due to location, availability
of utilities, proximity to transportation facilities and relationship
to other land uses, as well as to provide job opportunities and expand
the local tax base. This district specifically excludes residences
other than a residence of a caretaker of a horse stable for not less
than 10 horses to be kept on the premises, on the theory that the
mixture of other residential uses and public services and facilities
for residences with those for industry is contrary to the purposes
of this chapter.
[Amended 6-10-1986 by L.L. No. 4-1986]
B.
Permitted principal uses:
(1)
Warehouses for enclosed storage of goods and materials,
distribution centers, wholesale businesses, excluding the bulk storage
of fuel and other flammable liquids or gases.
(2)
Research and development laboratories.
(3)
Administrative, banking, professional or executive
offices.
(4)
Essential services, excluding power plants.
(5)
Agricultural operations.
(6)
Stables.
(7)
Health care facility.
[Added 2-26-2013 by L.L. No. 2-2013]
C.
Permitted accessory uses:
(1)
Banks are permitted to have drive-in tellers if at
least 10 reservoir spaces are provided for each drive-in teller's
window.
(2)
A restaurant, newsstand, barbershop, hairdresser or
other incidental personal service in connection with a permitted use,
but only when conducted and entered from within the building, provided
that no exterior display or advertising shall be made of such use.
D.
Special permit uses:
(1)
Restaurants, including fast-food and drive-in.
(2)
Airports.
(3)
Hotels and motels.
(4)
Motor vehicle service stations.
(6)
Assembly and fabrication operations, provided that
such uses are conducted entirely in an enclosed building and will
not produce smoke, noise, vibration, glare, dust or any other similar
emission which may be detectable beyond the property limits of such
operations.
[Amended 6-10-1986 by L.L. No. 4-1986]
(7)
A residence for a caretaker of a horse stable for
not fewer than 10 horses to be kept on the premises.
[Added 6-10-1986 by L.L. No. 4-1986]
(8)
Essential services and structures, excluding power
plants, maintenance yards, storage yards and including personal wireless
telecommunications facilities.
[Added 4-22-1997 by L.L. No. 3-1997]
(9)
Outdoor storage of materials used in conjunction with a permitted use occurring on the premises as further regulated under § 165-83 of this chapter.
[Added 12-12-2000 by L.L. No. 1-2000]
(10)
Excavation operations as further regulated under § 165-71 of this chapter.
[Added 12-12-2000 by L.L. No. 1-2000]
(11)
Mini-warehouse structures, subject further to the provisions of § 165-84.1 of this chapter.
[Added 12-20-2005 by L.L. No. 4-2005]
(12)
On-site-use wind energy systems.
[Added 5-25-2010 by L.L. No. 4-2010]
(13)
Large-scale ground-mounted solar PV systems.
[Added 1-25-2022 by L.L. No. 2-2022]
(14)
Agricultural/construction equipment repairs and painting operations.
[Added 3-22-2022 by L.L. No. 3-2022]
E.
Additional provisions and requirements.
[Amended 12-12-2000 by L.L. No. 1-2000]
(1)
Additional provisions and requirements applicable
in RB Districts shall apply in LI Districts.
(2)
No industrial structure shall be permitted within
100 feet of the nearest boundary line of any residential district.
(3)
All utilities serving industries in this district
shall be placed underground.
(4)
Residential uses are prohibited.
(5)
All processes shall take place within an enclosed
building. Incidental storage out-of-doors shall be shielded from view
from public streets and adjacent off-street parking areas by fencing,
landscaping or other appropriate measures.
(6)
Any vibration, odor, glare, heat or noises resulting
from operations shall not be evident beyond the property line.
(7)
Operations shall not result in the dissemination of
smoke, dust, chemicals or odors into the air to such a degree as to
be detrimental to the health, welfare and safety of the residents
of the surrounding areas.
A.
Intent. The intent in creating General Industrial
Districts is to provide areas for industrial uses which will provide
employment opportunities and expand the local tax base. Said areas
are considered suitable for this purpose because of their location,
availability of utilities, proximity to transportation facilities
and relationship to other land uses.
B.
Permitted principal uses:
(1)
Principal uses permitted in the LI District.
(2)
Production and assembly operations, provided that
such uses are conducted entirely within an enclosed building and will
not produce smoke, noise, vibration, glare, dust or any other similar
emission which may be detectable beyond the property limits of such
operation.
(3)
Agricultural operations.
(4)
Stables.
(5)
Contractors' storage yards.
D.
Special permit uses:
(1)
Restaurants, including drive-in and fast-food.
(2)
Airports.
(3)
Hotels and motels.
(4)
Motor vehicle repair stations and/or motor vehicle
service stations.
[Amended 12-12-2000 by L.L. No. 1-2000]
(5)
Trucking terminals.
[Amended 12-12-2000 by L.L. No. 1-2000]
(6)
Excavation operations.
(7)
Junkyards.
(8)
Adult use entertainment establishments as further
regulated elsewhere in this chapter.
[Added 4-26-1994 by L.L. No. 2-1994; amended 8-27-1996 by L.L. No. 2-1996]
(9)
Essential services and structures, excluding power
plants, maintenance yards, storage yards and personal wireless telecommunications
facilities.
[Added 4-22-1997 by L.L. No. 3-1997]
(10)
Outdoor storage of materials used in conjunction with a permitted use occurring on the premises as further regulated under § 165-83 of this chapter.
[Added 12-12-2000 by L.L. No. 1-2000]
(11)
Mini-warehouse structures, subject further to the provisions of § 165-84.1 of this chapter.
[Added 12-20-2005 by L.L. No. 4-2005]
(12)
On-site-use wind energy systems.
[Added 5-25-2010 by L.L. No. 4-2010]
(13)
Agricultural/construction equipment repairs and painting operations.
[Added 3-22-2022 by L.L. No. 3-2022]
A.
Intent.
(1)
Within districts now existing or which may hereafter
be created, it is intended to permit establishment of new PD Planned
Development Districts for specialized purposes where tracts of land
suitable in location, area and character for the uses and structures
proposed are to be planned and developed on a unified basis. Suitability
of tracts for the development proposed shall be determined by reference
to the Comprehensive Plan and the existing and prospective character
of surrounding development.
(2)
PD Districts shall be so related to the general development
pattern and the objectives of the Comprehensive Plan as to provide
for comfort and convenience of occupants, facilitate protection of
the character of surrounding neighborhoods and reduce automotive traffic
congestion. Within PD Districts, regulations adapted to such unified
planning and development are intended to accomplish the purposes of
zoning and other applicable regulations to an equivalent or higher
degree than where such regulations are designed to control unscheduled
development on individual lots, and to promote economical and efficient
land use, an improved level of amenities, appropriate and harmonious
variety, creative design and a better environment.
B.
PLANNED DEVELOPMENT
(1)
(2)
(3)
(4)
(5)
"Planned development" defined. For purposes of this
section:
Is:
Land under unified control, to be planned and
developed as a whole.
In a single development operation or a definitely
programmed series of development operations, including all lands and
buildings.
For principal and accessory structures and uses
substantially related to the character and purposes of the district.
According to comprehensive and detailed plans
that include not only streets, utilities, lots or building sites and
the like, but also site plans and floor plans for all buildings as
intended to be located, constructed, used and related to each other,
and detailed plans for other uses and improvements on the land as
related to the building.
With a program for provision, operation and
maintenance of such areas, facilities and improvements as will be
for common use by some or all of the occupants of or visitors to the
district, but will not be provided, operated or maintained at general
public expense.
C.
Relation of PD regulations to general zoning, subdivision[1] or other regulations. The planned development regulations
that follow shall apply generally to the initiation and regulation
of all Planned Development Districts. Where there are conflicts between
the special PD regulations herein and general zoning, subdivision
or other regulations or requirements, these regulations shall apply
in PD Districts unless the Town Board shall find, in the particular
case, that provisions herein do not serve public purposes to a degree
at least equivalent to such general zoning, subdivision or other regulations
or requirements.
D.
PD Districts: where and how permitted. Planned Development Districts may hereafter be established by amendment to the Official Zoning Map and related amendatory action where tracts suitable in location and character for the uses and structures proposed are to be planned and developed on a unified basis according to the requirements and procedures set forth herein. PD Districts may be approved in A-80 Districts fronting on New York State Route 96 east of New York State Route 332 and in RR-80, R-1-10, R-2, R-7.2, RMF, RB, GB, LI and GI Districts. Tracts proposed as PD Districts must contain a minimum of five contiguous acres. PD Districts shall be appropriately located with respect to intended functions, to the pattern and timing of development existing or proposed in the Comprehensive Plan and to public and private facilities existing or clearly to be available by the time the development reaches the stage where they will be needed. All requirements specified in § 165-6 shall be met as well as the following specific requirements:
[Amended 8-24-1982 by L.L. No. 1-1982; 1-4-1988 by L.L. No. 1-1988; 4-25-1989 by L.L. No. 4-1989; 5-25-1993 by L.L. No. 2-1993]
(1)
Relation to major transportation facilities. PD Districts
shall be so located in relation to expressways, arterial and collector
streets and shall be so designed as to provide direct access without
creating traffic along minor streets in residential neighborhoods
outside the district.
(2)
Relation to public utilities, facilities and services.
(a)
PD Districts shall be located in relation to
sanitary sewers, water lines, storm and surface drainage systems and
other utility systems and installations in such a way that neither
extension nor enlargement of such systems will be required in manner,
form, character, location, degree, scale or timing resulting in higher
net public cost or earlier incursion of public cost than would development
in forms generally permitted under current zoning for the area.
(b)
Such districts shall be so located with respect
to necessary public facilities as to have access to such facilities
in the same degree as would development under existing zoning and
shall be so located, designed and scaled that access for public services
is equivalent to, and the net cost for such services is not greater
than, access and net costs for public services for development as
permitted under existing zoning.
(c)
However, location of PD Districts may be approved
if applicants will:
[1]
Provide private facilities, utilities and/or
services approved by appropriate public agencies as substituting on
an equivalent basis and assure their satisfactory continuing operation
permanently or until similar public utilities, facilities and/or services
are available and used: or
[2]
Make provision acceptable to the Town for offsetting
any added net public cost or early commitment of public funds made
necessary by such development. In computing net public costs, difference
in anticipated public installation, operation and maintenance costs
and difference in anticipated public revenue from such sources shall
be considered. Expenses involved in making such determinations shall
be paid by applicants. Determinations shall be made by the Town or
by experts acceptable to the Town.
(3)
Physical character of the site; relation to surrounding
property. The site shall be suitable for development in the manner
proposed without hazards to persons or property, on or off the tract,
from probability of flooding, erosion, subsidence or slipping of the
soil or other dangers, annoyances or inconveniences. Condition of
soil, groundwater level, drainage and topography shall all be appropriate
to both kind and pattern of use intended. If appropriate to the form
of planned development, lands to be included in PD Districts may be
divided by streets, alleys, rights-of-way or easements, waterways
or other separation, but shall be so located, dimensioned and arranged
as to permit unified planning and development and to meet all requirements
in connection therewith, as well as to provide necessary protection
against adverse relationships between uses in the district and uses
in surrounding areas.
(a)
Reduction in minimum areas generally required.
In connection with particular PD rezoning proposals, the Planning
Board may recommend and the Town Board may approve as part of the
amending action: lesser areas than generally required, upon a finding
in the particular case that special circumstances, such as impracticality
of coordinating development of small remaining portions that might
otherwise be required with the planned development generally by reason
of separation by a major street, and that other requirements, can
be met in such lesser area.
(b)
Addition to PD Districts. Where planned development
additions to existing PD Districts are proposed and where the land
and proposed plan of development are approximately related to the
existing PD District and provide necessary safeguards in relation
to the surrounding area, PD amendments allowing such additions may
be made without regard to the minimum area requirements set forth
herein. Such additions may be of the same classification as the PD
District being added to and may be of another classification if the
Planning Board recommends and the Town Board approves the other classification
and plans proposed therefor as complementary to the original PD District.
E.
Procedures on PD amendments.
(1)
Applications; materials to be submitted. Applications
for PD amendments shall be submitted as for other amendments. Materials
submitted with the application or on subsequent request shall include
all plans, maps, studies and reports that may reasonably be required
to make the determinations called for in the particular case, with
sufficient copies for necessary referrals and records. In particular,
the following shall be required:
(a)
A precise statement describing the type of PD
District amendment being requested.
(b)
A preliminary development concept plan (sketch
plan), drawn to scale, which shall show the location of the various
uses and their areas in acres; existing watercourses; the general
outlines of the interior roadway system and all existing rights-of-way
and easements, whether public or private; overall layout of and principal
ties to the community's transportation, water supply, sewage disposal
and drainage systems; if the development is to be phased, a description
and graphic representation of the phasing of the entire proposal in
terms of length of time, type and manner of units or activities completed
per phase.
(c)
An area map showing the applicant's entire adjacent
holdings; that portion of the applicant's property under consideration;
all properties, subdivisions, streets and easements within 500 feet
of the applicant's property; and uses of all abutting lands.
(d)
If residential in nature, a delineation of the
number of residential units, their dwelling type, the density of each
dwelling type and the overall density of the proposal.
(e)
A general description of the provision of community
facilities, such as schools, fire protection, services and cultural
facilities, if any, and some indication of how these needs are proposed
to be accommodated.
(f)
An economic analysis of the proposal, including
projected housing costs, property rental rates, tax impacts, potential
market area and preliminary development schedule.
(g)
A report identifying all property owners within
the area of the proposed district and giving evidence of unified control
of its entire area. The report shall state the agreement of all present
property owners and/or their successors in title:
[1]
According to the regulations in effect when
the map amendment creating the PD District is passed, with such modifications
as are set by the Town Board in the course of such action.
[2]
To provide bonds, dedications, guaranties, agreements,
contracts and deed restrictions acceptable to the Town Board for completion
of such development according to approved plans and for continuing
operation and maintenance of such areas, facilities and services as
are not to be provided, operated or maintained at general public expense,
and such dedications, contributions or guaranties as are required
for provision of needed public facilities and services.
[3]
To bind further successors in title to any commitments made under Subsection E(1)(g)[1] or [2] above.
(h)
Evidence as required by the Town Board of the
applicant's ability to complete the proposed development.
(i)
A statement by the applicant setting forth reasons
why, in his opinion, the proposal would be in the public interest.
(2)
Preliminary review of application. On receipt of the
application and preliminary concept plan and proposals as indicated
above, the Planning Board and other agencies and officials, as appropriate
in the circumstances of the case, shall study the proposal to determine
conformity with the Comprehensive Plan, zoning and other regulations
applicable in the case.
(3)
Preliminary conferences with applicants.
(a)
Following such study, unless complete conformity
is found, the applicant shall be notified in writing of the discrepancies
and of the willingness of the Planning Board and other appropriate
officials to confer for the purpose of assisting him in bringing the
material submitted as nearly as possible into conformity with requirements
and/or to define specifically modifications of regulations that seem
justified in view of equivalent service of public purposes by the
proposal. If the applicant does not desire to participate in such
conference, the Planning Board shall base its report to the Town Board
on the application as received.
(b)
If the applicant joins in such conference, changes
may be made in the original proposal, further conferences may be held
and additional material may be requested to guide in determinations.
(c)
In the course of such preliminary conferences,
any recommendations for changes shall be recorded in writing, with
reasons therefor, and shall become part of the record in the case.
Applicants shall indicate, in writing, their agreement to such recommendations
or their disagreement and reasons therefor; and such responses by
applicants shall also be included in the record.
(4)
Planning Board recommendations.
(a)
At such time as further conferences appear unnecessary
or at any time on request of the applicant, the Planning Board shall
prepare a report to the Town Board containing findings:
[1]
As to the suitability of the tract for the general
type of PD zoning proposed, physical characteristics of the land and
relation of the proposed development to surrounding areas and existing
and probable future development.
[2]
As to relation to major roads, utilities and
other facilities and services.
[3]
As to the adequacy of evidence on unified control
and suitability of any proposed agreements, contracts, deed restrictions,
sureties, dedications, contributions, guaranties or other instruments,
or the need for such instruments or for amendments in those proposed.
[4]
As to the suitability of plans proposed or the
desirability of amendments, with reasons therefor.
[5]
As to the desirable specific modifications in
regulations, based on determinations that such modifications are necessary
or justified in the particular case by demonstration that the public
purposes of PD or other regulations would be met to at least an equivalent
degree by proposals of the applicant.
(b)
Based on such findings, the Planning Board shall
recommend approval of the PD amendment as proposed, approval conditioned
on specific stated modifications, or disapproval, with reasons recorded
therefor.
(5)
Action by the Town Board.
(a)
Action by the Town Board shall be as provided for amendments generally. The Town Board may grant the application in accord with PD and other regulations applicable, include any specific modifications of PD or other applicable regulations as provided in Subsection E(4)(a)[5] above or may deny the application.
(b)
If the amendment is granted, the Town Board
shall, in its amending action, approve the preliminary development
concept plan as it may have been changed during earlier procedures
or indicate required modifications; and such approved development
concept plan, with required modifications, if any, shall be binding
in determinations concerning final development plans. If modifications
are required, the Town Board shall officially state its reasons therefor
in the record.
(c)
If the amendment is granted, the development
shall be required to be in accord with final development plans meeting
the requirements of these and other regulations, as supplemented or
modified by the Town Board in the particular case as part of the amending
action, and shall conform to any time or priority limitations established
by the Town Board on beginning and completion of the development as
a whole or in specified stages.
(d)
At the time of amendment, the Town Board shall
pass upon the adequacy in form and substance of any agreements, contracts,
deed restrictions, sureties or other instruments involved; and, before
development may proceed, such instruments shall be approved by appropriate
officers and agencies.
(6)
Planning Board action on approval of final plans.
(a)
Approval of final plans and reports.
[1]
After a PD District has been established, no
building permit shall be issued therein unless the Planning Board
has approved final plans and reports for the development as a whole
or stages or portions thereof deemed satisfactory in relation to the
total development. The form and content of such final plans and reports
shall be as prescribed in zoning, subdivision regulations[2] or other regulations involved, generally or for particular
PD Districts, and in rules of the Planning Board and other affected
agencies.
[2]
Approval of final plans and reports shall be
based on substantial compliance with the concept plan, with any modifications
required by the Town Board applying at the time the land was zoned
to PD status and with regulations applying at the time it was rezoned
to PD status, including such specific modifications as were made by
the Town Board, or, at the option of the applicant or his successors
in interest, in accordance with regulations currently in effect when
the final plan is being considered, subject to the same modifications
if they affect current regulations in the same way.
[3]
Upon approval of final plans and reports, building
permits shall be issued in the same manner as for building permits
generally, provided that any requirements concerning the order and
location in which building permits are to be issued in the particular
PD District shall be observed. Except as provided below, final plans
and reports approved shall be binding on the applicants and any successors
in title so long as PD zoning applies to the land.
(b)
Changes in approved final plans. Changes in
approved final plans and reports may be approved by the Planning Board
only upon findings identical to those required for original approval.
Other changes shall be approved subject to further amendatory action
only.
(c)
Final plan approval is administrative action,
No public notice or hearing is required in connection with approval
proceedings on final plans or changes in approved plans, but the Planning
Board may hold such hearings with such notice as it deems appropriate
in connection with such actions and in compliance with the Town Law.
(7)
Expiration of time limits on PD amendments.
(a)
If actions required in any amendment establishing
a PD District are not taken within any time limits set in connection
with such amendment, the Planning Board shall review the circumstances
and prepare a written report specifying the circumstances and recommending:
[1]
That PD zoning for the entire area be continued
with revised time limits;
[2]
That PD zoning be continued for part of the
area, with or without revised time limits, and the remainder be rezoned
to an appropriate category;
[3]
That the entire district be rezoned from PD
to an appropriate category; or
[4]
That other appropriate amendments be made or
actions taken.
(b)
Such recommendations shall include proposals
for appropriate action in respect to any legal instruments in the
case. Such recommendations shall be transmitted to the Town Board
and processed in the same manner as other proposals for amendment.
[Added 5-25-2010 by L.L. No. 5-2010]
A.
Purpose: to accommodate the larger utility scale wind energy farms
while insuring that they protect the character and value of the neighborhood
and the quality of life of the residents of the Town.
B.
Floating zone district. The WEFD Wind Energy Farm District is a floating
zone district subject to formal rezoning and Official Zoning Map amendment
actions by the Town Board where uses are proposed which are found
to be consistent with the regulations set forth herein. In addition,
all WEFDs are further subject to site plan approval by the Planning
Board prior to the Town Clerk formally amending the Official Zoning
Map. WEFD Wind Energy Farm Districts are not intended to be identical
in that each mapped WEFD is based upon the particular site details
identified in any rezoning action by the Town Board and subsequent
site plan approval action by the Town Planning Board.
C.
WEFD Location. In rezoning property to WEFD Wind Energy Farm Districts,
it is intended that the following guidelines be followed:
(1)
WEFD Wind Energy Farm Districts are to be created only on properties
that are zoned A-80 Agricultural District or RR-80 Rural/Residential
District and upon the applicant obtaining site plan approval from
the Town Planning Board for the wind energy farm system; and
(2)
Wind energy farms should not be located on property within 500 feet
of the Town's municipal boundary line. In addition, wind energy farms
should not be located on property located west of County Road 8.
D.
Permit required; fee; use restriction.
(1)
No wind energy farm site shall be established unless there is documentation
that the proposed wind energy farm system is to be connected to the
commercial electrical utility grid for the purpose of generating and
selling electric power for off-site use. The applicant for rezoning
and site plan approval shall produce a certificate of need for the
proposed wind energy farm system from the New York State Public Service
Commission. No action shall be taken to approve a wind energy farm
site without such documentation. The electrical energy created on
a wind energy farm is not intended to be used primarily for consumption
on the premises.
(2)
No building permit may be issued for the construction of a wind energy
farm until the Town Board has approved a rezoning, the Town Planning
Board has approved a site plan and the Town Clerk has certified that
the Official Zoning Map has been amended accordingly.
(4)
Each wind energy farm site shall be subject to compliance with the
approved Wind Energy Farm District zoning resolution and site plan
resolution. Any physical modification to an existing and permitted
wind energy farm site that alters the size, type and number of wind
turbines, buildings, electrical substation or stations, roads or other
approved site development matters shall require a permit modification
in accordance with the provisions of this chapter.
E.
Minimum lot size. The minimum acreage for each wind energy turbine
structure located within a WEFD Wind Energy Farm District site shall
be one acre. This acreage includes the lands required for roads, pad,
turbine and necessary rights-of-way. This minimum spacing between
the turbines is the minimum design standard to allow for uninterrupted
wind flow.
F.
Harmonic power distortion. Where a power converter is to be used
for grid interconnection, wind turbines are required to be tested
and meet the International Electrotechnical Commission (IEC) standard
IEC 61400-21. Documentation to this requirement shall be provided
as part of any WEFD rezoning application.
G.
Noise limitations. The level of noise produced during the operation
of a wind energy farm system shall not exceed 50 dBa beyond the present
ambient sound levels at pre-construction levels, as measured at the
boundaries of the parcel on which the system is located. The applicant
will be required to submit technical data to the satisfaction of the
Planning Board as to meeting this noise limitation requirement. This
obligation shall be a continuing obligation with exceptions only for
short-term events such as utility outages and severe windstorms. In
the event of a complaint being filed by an adjacent property owner,
the Town Code Enforcement Officer shall order noise level readings
at the subject property line for determining whether there is a violation
of the fifty-decibel limit. Should there be a violation, the Code
Enforcement Officer shall direct the applicant to appear before the
Planning Board with a remedy to the violation.
H.
Sound pressure level. The resulting sound pressure level generated
by a wind energy farm site shall be equal to or less than 50 dBa at
the property line. Documentation to this effect will be required as
part of any submission to the Town Board for rezoning of land to WEFD.
I.
Transmission facilities. All electrical connections to a local utility
company's transmission lines or the transmission grid installed to
support the wind energy farm shall be constructed underground.
J.
Wind energy farm system height. The maximum height of a wind energy
farm structure shall be 200 feet above existing grade and shall be
based upon site-specific wind documentation. In addition, any wind
energy farm structure shall meet all the requirements of the Federal
Aviation Administration (FAA) regulations.
K.
Site wind documentation. Each application for a WEFD Wind Energy
Farm District shall contain a minimum of one year's worth of on-site
wind data collected from a temporary tower located on the site of
the proposed wind energy farm.
M.
Visual assessment. A complete Visual Assessment Form (VAF) shall
accompany Part 1 of the Full Environmental Assessment Form as is first
required under the provisions of the State Environmental Quality Review
Act (SEQRA).[3] The VAF shall include a panoramic view-shed analysis from
the proposed wind energy farm site, up to the five-mile limit on the
VAF, to enable the Town Board to designate locations from which photo
simulations are to be prepared by the applicant. The selection of
such locations shall be based upon the scenic views and vistas document
in the Town of Farmington Comprehensive Plan and the determination
of other existing public viewpoints and adjacent land uses which may
be impacted by a proposed wind energy farm.
[3]
Editor's Note: See Environmental Conservation Law § 8-0101
et seq.
N.
Ownership. Ownership of the wind energy farm system must be either
the owner of the fee interest in the real property upon which it is
situated or an applicant having written permission from the owner
of the fee interest in the real property. In the event of transfer
of ownership of the premises, the ownership of the wind energy farm
conversion system must also be transferred to same or the tower must
be decommissioned and removed.
P.
Proximity to radio, television, telephone and wireless Internet systems.
Wind energy farm systems shall not be located in any area where their
proximity interferes with existing fixed broadcast, retransmission
systems such as cell phone towers or wireless Internet transmission
systems.
Q.
Nonoperational. Should the wind energy farm system be nonoperational
for a continuous six-month period, the site plan approvals granted
shall be deemed void and the wind energy farm system shall be decommissioned
subject to the following provisions in this section.
R.
Decommissioning.
(1)
The applicant, as part of any application for WEFD Wind Energy Farm
District rezoning shall submit to the Planning Board a letter of intent
committing the owner, and his or her successors-in-interest, to notify
the Code Enforcement Officer (CEO) within 30 days of the discontinuance
of the use of the wind energy farm energy system. This letter of intent
shall be filed with the CEO prior to the issuance of a building permit.
The owner, or his/her successors-in-interest, shall have 30 days from
the date of the notice to the CEO to prepare a decommissioning plan
and to submit it to the CEO for the project files. The CEO shall issue
a decommissioning permit based upon the submitted decommissioning
plan within five business days of his/her receipt of the notice. The
owner shall then have 60 days from the date of issuance of the decommissioning
permit to complete the decommissioning process.
(2)
The owner, at his/her expense, shall remove from the site the unused
wind farm energy system, including turbines, buildings, cabling, electrical
components, roads, foundations to a depth of 42 inches and any other
accessory structures, within one year of the discontinuance. All removed
material shall be disposed of in a manner approved by the Town Code
Enforcement Officer. The date of discontinuance shall be confirmed
with records from the local public utility service to the property.
(3)
Disturbed earth on the site shall be graded and reseeded, unless
the landowner requests, in writing, that the access roads and other
land surface areas not be restored. Said request shall be made to
the Planning Board and said Board shall make a decision whether or
not to grant such request.
(4)
An independent and certified professional engineer shall be retained
to estimate the total cost of decommissioning (decommissioning costs)
without regard to salvage value of the equipment and the cost of decommissioning
with the net salvage value of the equipment (net decommissioning costs).
Said estimates shall be submitted to the Farmington Town Board for
its acceptance. The Town Board shall review each decommissioning bond
after the first year of operation to determine if any changes are
warranted and then every fifth year thereafter. Should the Town Board
determine a change is warranted in an existing decommissioning bond,
the applicant shall have 30 days from the date of such determination
to change the bond or the Town Code Enforcement Officer shall be directed
to cite the applicant with a violation to these provisions.
(5)
The wind energy farm system operator or owner shall post and maintain
decommissioning funds in an amount equal to net decommissioning costs,
provided that at no point shall decommissioning funds be less than
25% of decommissioning costs. The decommissioning funds shall be posted
and maintained with a bonding company or federal- or state-chartered
lending institution chosen by the facility owner or operator and participating
landowner posting the financial security, provided that the bonding
company or lending institution is authorized to conduct such business
within New York State and is approved by the Farmington Town Board.
(6)
Decommissioning funds may be in the form of a performance bond, surety
bond, letter of credit, corporate guarantee or other form of financial
assurance as may be acceptable to the Farmington Town Board.
(7)
If the facility owner or operator fails to complete decommissioning within the period prescribed in Subsection R(1) above, the landowner shall have an additional 30 days to complete decommissioning.
(8)
If neither the facility owner or operator nor the landowner completes decommissioning within the periods prescribed in Subsections R(1) and (7), then the Town of Farmington may take such measures as necessary to complete decommissioning. In the event that the facility owner or operator is also the landowner, said responsible party is not entitled to any additional time to complete the decommissioning process. The entry into and submission of evidence of a participating landowner agreement to the Town of Farmington shall constitute agreement and consent of the parties to the agreement, their respective heirs, successors and assigns that the Town of Farmington may take such action as necessary to implement the decommissioning plan.
(9)
The escrow agent shall release the decommissioning funds when the
facility owner or operator has demonstrated and the Town concurs that
decommissioning has been satisfactorily completed or upon written
approval of the Town Board in order to implement the decommissioning
plan.
S.
Wind energy farm system equipment. All wind energy farm system equipment
shall be new equipment that is commercially available. Used, experimental
or prototype equipment still in testing shall be approved by the Town
of Farmington consulting engineers as part of the required site plan
approval process set forth below herein.[5]
[1]
Editor's Note: Former § 165-32, LC Land Conservation
District, as amended, was repealed 4-27-2010 by L.L. No. 3-2010.
[Added 8-27-1996 by L.L. No. 2-1996]
A.
Purpose. It is the purpose of the AUO Adult Use Entertainment
Establishment Overlay District to establish supplemental regulations
to the underlying districts zoned GI General Industrial that recognize
the specified purpose and particular needs for the Town to regulate
this use as has been established by Local Law No. 2 of 1996, and as
may be amended from time to time.
B.
Establishment of overlay district. The Town of Farmington
Official Zoning Map shall delineate the location of those site(s)
for which the Town Board has approved the AUO District zoning.
C.
Interpretation of AUO District boundaries. The Code
Enforcement Officer shall be responsible for interpreting the AUO
District boundaries delineated on the Official Zoning Map or a site
inspection. Anyone aggrieved by this interpretation may appeal to
the Zoning Board of Appeals.
D.
AUO District requirements. Where the AUO District
zoning has been established, the requirements of the overlay district
shall be met in addition to any requirements specified for site development
as contained in either the respective zoning districts, through site
plan approval or a special use permit approved by the Planning Board.
E.
Rezoning procedure. Anyone desiring to establish an adult use entertainment establishment shall apply to the Town Board for rezoning of any parcel of land zoned GI General Industrial on the Official Zoning Map to the AUO Adult Use Overlay District. In the event that the Town Board decides to hear the application for rezoning, it shall follow all procedures set forth elsewhere in § 165-6 of the Code for rezoning.
F.
AUO District rezoning criteria. The following criteria
shall be met before the Town Board may entertain an application for
rezoning of GI General Industrial Land to the AUO Adult Use Entertainment
Establishment Overlay District.
(1)
The property lines of any adult use entertainment
establishment must be at least 500 feet from the boundary line of
any adjacent municipality; and at least 500 feet from the boundary
line of any other adult use entertainment establishment.
(2)
The property lines of any adult use entertainment
establishment must be at least 500 feet from the property line of
any and all residences or residentially zoned land, schools, day-care
facilities, churches (or other religious places of worship), parks,
playgrounds, open space or recreation areas where large numbers of
minors may congregate, or governmental facilities.
(3)
No adult use entertainment establishment shall be
allowed on the same parcel with another such establishment or within
500 feet of another parcel having an adult use entertainment establishment.
(4)
Each adult use entertainment establishment shall have
direct access to a public street or highway.
(5)
Each Adult Use Entertainment Establishment Overlay
Zone shall be in effect only for the time limits established by the
Planning Board for such use as a condition of any special use permit
that may be issued by said Planning Board. Upon the termination of
such special use permit, the Town Board shall commence action within
30 days to amend the Official Zoning Map by eliminating the specified
AUO District delineation.
G.
Application for AUO rezoning. Applications to be considered
by the Town Board shall be made in writing to the Code Enforcement
Officer on forms provided by the Town. Such application shall be made
by the property owner or his/her agent and shall be accompanied by
any materials or information deemed appropriate by the Code Enforcement
Officer, including but not limited to a current scaled site plan,
prepared by and certified by a licensed engineer or land surveyor,
that contains the following minimum information:
(1)
A parcel location map and boundary line survey of
the property.
(2)
The portion of the parcel proposed to be developed
for the adult use entertainment establishment.
(4)
The location of all existing or proposed buildings,
site access, off-street parking, signage, site lighting, landscaping,
drainage and other features as may be required for the applicant to
obtain site plan approval from the Planning Board.
(5)
A completed environmental assessment form.
H.
AUO rezoning conditions. All AUO zoning, prior to being placed on the Official Zoning Map, shall be conditioned upon the applicant obtaining from the Planning Board a special use permit based on the criteria specified in § 165-82, regarding site plan approval, of the Code, as further specified in § 165-100 of the Code and any other approval as may be required for the site proposed.
I.
AUO permitted uses:
(1)
Adult theaters and adult motion-picture theaters are
prohibited.
(2)
All other adult use entertainment establishments as defined herein may be created, opened, commenced or operated within only GI General Industrial Districts upon the Town Board rezoning and mapping of said site to the AUO District Overlay and subject further to the requirements set forth in Chapter 165 of the Code.
[Added 3-24-1987 by L.L. No. 1-1987; amended 8-9-1988 by L.L. No. 8-1988; 8-11-1998 by L.L. No. 4-1998]
A.
Intent. It is intended, by the provisions of these
regulations, to accomplish the following:
(1)
To restrict and control site access for those parcels
of land located along those portions of State Routes 96 and 332, and
County Roads 8 and 41, that are located within the MTOD Major Thoroughfare
Overlay District and the MSOD Main Street Overlay District, as shown
on the Town of Farmington Official Zoning Map. The Official MTOD Major
Thoroughfare Overlay District and the MSOD Main Street Overlay District
are hereby adopted in order to protect the major commitment of public
funds that were used to design, construct and maintain the efficiency
and safety of these major highways; to prevent the interference of
uncontrolled traffic movements entering and exiting sites with the
movement of traffic along these heavily traveled major highways by
establishing minimum driveway spacing standards; to prevent the creation
of potentially significant traffic congestion problems; to minimize
vehicular and pedestrian conflict areas upon sites shown upon the
drawings that comprise the Town of Farmington Official Major Thoroughfare
Overlay District Map and the Town of Farmington NYS Route 96 Corridor
Study, Town of Farmington, Ontario County, New York, Streetscape Standards
Study Corridor Map, Appendix B of the adopted Town of Farmington Streetscape
Design Guidelines Route 96 Corridor Plan. The Official Major Thoroughfare
Overlay District Map is designed to identify the appropriate spacing
for signalized intersections, both existing and proposed, that will
maintain the flows of the heavy volumes of traffic along these major
highways. The Town of Farmington Official Map is also designed to
permit appropriate commercial, industrial, business and residential
uses along these major highways to be compliant with an officially
adopted highway map which is entitled "Official Major Thoroughfare
Overlay District Map, Town of Farmington, Ontario County, New York."
Said Official Map may be amended from time to time based upon a coordinated
review with state, county, and Town highway officials, a County Planning
Board referral and recommendation, public hearing and adoption by
the Town Board of a local law amending said Official Map.
[Amended 5-25-1999 by L.L. No. 3-1999; 7-25-2017 by L.L. No.
4-2017; 3-23-2021 by L.L. No. 6-2021]
(2)
The regulations contained within this Major Thoroughfare
Overlay District are not intended to be substituted for other general
zoning district provisions but can be superimposed over such district
provisions and should be considered as additional requirements to
be met by the applicant or developer, prior to final project approval.
This Major Thoroughfare Overlay District is intended to provide the
Town of Farmington with an additional level of review and regulation
that will control how land development permitted by the Town's primary
zoning districts will take access to and will impact the major transportation
routes within the Town.
B.
Delineation of Major Thoroughfare Overlay District
(MTOD) boundaries. The MTOD is hereby established as a mapped overlay
zoning district. The MTOD shall be delineated upon the Town of Farmington
Official Zoning Map, as may be amended from time to time, which is
comprised of Sheet Numbers 1 through 11, prepared by MRB Group, P.C.,
the Town's engineers, and further identified as Project Number 061192,
last revised August 17, 2008, and an adoption date by the Town Board
of September 23, 2008. Any property or parcel of land which contains
frontage along the public highways delineated within the MTOD area
shall be considered to be within the boundary of the MTOD. Any use
of land lying within the boundary of the MTOD shall first be subject
to the provisions and restrictions of the underlying zoning district
and the provisions set forth in this section of the Town Code.
[Amended 5-25-1999 by L.L. No. 3-1999; 9-23-2008 by L.L. No. 2-2008; 1-24-2012 by L.L. No.
1-2012]
C.
Permitted principal uses. Permitted principal uses
within the Major Thoroughfare Overlay District shall be those allowed
with the underlying or base zoning district within which the property
lies and shall be subject to the appropriate principal use provisions
and restrictions of that district.
D.
Permitted accessory uses. Permitted accessory uses
within the Major Thoroughfare Overlay District shall be those allowed
within the underlying or base zoning district within which the property
lies and shall be subject to the appropriate accessory use provisions
and restrictions of that district.
E.
Special permit uses. Uses within the Major Thoroughfare Overlay District which are permitted subject to special permit review and approval by the Town Planning Board shall be those subject to such permit within the underlying or base zone district within which the property lies and shall also be subject to the appropriate special permit provisions and restrictions of that district, as well as of § 165-99 of this chapter.
F.
Dimensional requirements. Dimensional requirements
for development within the Major Thoroughfare Overlay District shall
be those setbacks, lot size and lot coverage provisions of the underlying
or base zoning district within which the subject property lies, as
outlined in Schedule I of this Zoning Chapter,[1] unless otherwise provided by this chapter.
[1]
Editor's Note: Schedule I is included at the end of this chapter.
G.
Setbacks. Properties located in the Major Thoroughfare
Overlay District shall be governed by the following setbacks:
H.
Additional site plan and special use permit provisions and requirements. The requirements of §§ 165-44, 165-57B, 165-60C, 165-99C and 165-100 shall apply in the review and approval of any site development plan or special use permit required for property within the Major Thoroughfare Overlay District.
I.
General access management requirements.
(1)
Regulations applicable to all zoning districts within
the MTOD Overlay District:
(a)
The location and design of driveways and other
site layout, parking and access management conditions shall conform
to all state and local requirements, including and not limited to
those established in this section.
(b)
The site layout, location and design of driveways,
parking and other access management conditions should be based on
full development of a lot.
(c)
Driveways shall be limited to a maximum of one
curb cut per property unless a traffic impact study demonstrates,
and such finding is accepted by the regulatory transportation agency,
that additional curb cuts will be beneficial in minimizing traffic
congestion along the highway or in improving traffic safety.
[Amended 3-23-2021 by L.L. No. 6-2021]
(d)
Driveways to properties with frontage on two
or more roads shall be provided to the road with the lowest functional
classification serving the proposed development.
(e)
Driveways may be required to be located so as
to provide shared driveways and/or cross-access driveways with an
abutting lot or lots.
[1]
Shared driveways and/or cross-access driveways
shall be of sufficient width (minimum 20 feet, 6.0 meters) to accommodate
two-way travel for automobiles and emergency service and loading vehicles.
Wider driveways may be required to serve traffic to major developments
or large vehicles.
[2]
Shared driveways, cross-access driveways, interconnected
parking and private roads constructed to provide access to properties
internal to a subdivision shall be recorded as an easement and shall
constitute a covenant running with the land. Operating and maintenance
agreements for these facilities should be recorded with the deed.
(f)
Except when located at a signalized intersection, a motor vehicle service station, convenience store/petroleum station and petroleum station located in the MTOD district must meet both the spacing standards detailed in § 165-77D as well as all the spacing standards detailed in this § 165-34. A motor vehicle service station, convenience store/petroleum station and petroleum station located at a signalized intersection need only meet the spacing standards detailed in this § 165-34.
[Added 12-12-2000 by L.L. No. 1-2000]
J.
Driveway standards.
(1)
Spacing standards. Regulations relate to the required
separation, location and standards for driveways providing access
to and from roads listed in the MTOD Overlay District. Each driveway
constructed within the MTOD shall comply with the following:
(a)
Driveways shall be located so as to meet or
exceed the driveway spacing standards shown in Table 1.
|
Table 1
| |||
|---|---|---|---|
|
Minimum Driveway Spacing Standards
| |||
|
Type of Development/
Type of Road
|
Small Development
(0 - 150 PHT)
|
Moderate Development
(151 - 300 PHT)
|
Large Development
(301 PHT or more)
|
|
All state roads
|
220 feet
|
330 feet
|
550 feet
|
|
Local collectors and arterials
|
150 feet
|
250 feet
|
400 feet
|
|
Access and Development
|
50% of the required frontage
|
65% of the required frontage
|
80% of the required frontage
|
[1]
PHT, peak hour trips, will be determined through
application of the Institute of Transportation Engineers trip generation
methods and statistics. With permission from the Town Planning Board,
another methodology or other statistics for determination of peak
hour trips may be used.
[2]
PHT, peak hour trips, should be based on full
build-out of the lot.
[3]
The larger of the minimum driveway spacing standards
for the proposed subdivision or development or existing developments
at abutting properties will apply. Driveways for in-fill development
must meet the minimum driveway spacing standards to driveways at abutting
properties on both sides.
(b)
Driveway spacing standards shall apply to driveways
located on the same side of a road.
(c)
Driveway spacing is to be measured along the
road from the center line of the driveway to the center line of the
next driveway.
(2)
Corner clearance.
(a)
Corner clearance is to be measured along the
road from the center line of the driveway to the closest edge of the
road determined by either the New York State Department of Transportation
for State Routes 96 and 332, the Ontario County Department of Public
Works for County Roads 8 and 41, and the Town of Farmington Highway
Superintendent for all Town roads within the MTOD Major Thoroughfare
Overlay District.
[Amended 3-23-2021 by L.L. No. 6-2021]
(b)
Driveways for corner properties where there
is no traffic light, either existing or planned, shall meet or exceed
the minimum corner clearance requirements as follows:
[1]
Full access (all driveway movements) where there
is no median barrier involved: 220 feet; or
(c)
Driveways for corner properties where there is a traffic light, either existing or planned, shall meet or exceed the minimum corner clearance requirements set forth in Subsection J(2)(b) above, unless said driveway is located within the functional boundary of an intersection as delineated on the adopted Town of Farmington Official Major Thoroughfare Overlay District Map. In those instances, said driveway is to be located based upon the results of a traffic impact statement and permit issued by the appropriate state, county or Town Department of Transportation.
[Amended 3-23-2021 by L.L. No. 6-2021]
(3)
Driveway location.
(a)
Driveway location will be based on a site development
plan which has been approved by the Town Planning Board in consultation
with either the New York State Department of Transportation, the Ontario
County Department of Public Works, or the Town of Farmington Highway
Superintendent.
[Amended 3-23-2021 by L.L. No. 6-2021]
(b)
For the purpose of driveway locations, median
openings shall be treated as intersections, and driveways to properties
opposing a median opening shall be located so as to meet or exceed
the minimum corner clearance standards, except where a median opening
is specifically constructed or reconstructed to provide vehicular
access to such properties.
(c)
Driveways shall be located so as to meet or
exceed the minimum driveway spacing standards and the minimum corner
clearance standards.
(d)
The Town Zoning Board of Appeals may consider
granting an area variance to allow the location of driveways at less
than the minimum driveway spacing standards and corner clearance standards.
[Amended 3-23-2021 by L.L. No. 6-2021]
[1]
A dual-driveway system, cross-access driveway
system or shared driveway is proposed and this improves the safe and
efficient movement of traffic between the lot and the road; or
[2]
A driveway or driveways could be located so
as to meet the minimum driveway spacing standards and corner clearance
standards, but the characteristics of the lot or the physical or operational
characteristics of the road are such that a change of location will
improve the safe and efficient movement of traffic between the lot
and the road; or
[3]
Conformance with the driveway spacing standards
or corner clearance standards imposes undue hardship on the lot owner.
[4]
If a traffic impact study has been prepared and the results
thereof accepted by the regulatory transportation agency and the Town
of Farmington Planning Board.
(e)
For properties unable to meet the minimum driveway
spacing standards or corner clearance standards, a temporary driveway
may be granted. The granting of a temporary driveway will be conditioned
on obtaining a shared driveway, cross-access driveway or unified parking
and circulation with an abutting lot, and closure of the temporary
driveway, in the future.
(f)
For properties unable to meet the minimum corner
clearance requirements, driveways shall be located as far as practicable
from the intersection. In such cases, driveway movements may be restricted
and only one driveway will be permitted along the road frontage not
meeting the minimum corner clearance requirement.
(g)
For properties located within the mapped MTOD Major Thoroughfare
Overlay District, the following additional criteria shall be met:
[Added 3-23-2021 by L.L.
No. 6-2021]
[1]
Prior to approval of any site development plan showing direct
access to either State Routes 96 and 332 or County Roads 8 and 41,
the applicant and reviewing agency shall explore the potential for
consolidating driveways, providing vehicular interconnections and
obtaining shared access with adjoining properties.
[2]
Driveways providing direct access to State Route 332 should
be limited to right-in/right-out only, except at signalized intersections
or where provisions are made to allow shared access from adjoining
properties to the driveway.
[3]
Driveways should only be placed along highways located within
the mapped MTOD Major Thoroughfare Overlay District where adequate
sight distance is provided in compliance with AASHTO, ITE, NYSDOT,
OCDPW and/or Town of Farmington Highway Superintendent standards.
[4]
Where opportunities exist within the mapped MTOD Major Thoroughfare
Overlay District for expansion of public transit service, larger scale
development projects should be designed and laid out to accommodate
public transportation service and to facilitate bus access and circulation
through the site as accepted by a public transit agency.
[5]
Development projects should be designed and laid out to accommodate
and provide appropriate facilities for pedestrian and bicycle circulation
within the site, and to provide connectivity of such facilities to
adjoining properties and facilities within the rights-of-way of State
Routes 96 and 332, County Highways 8 and 41, and other Town highways
within the mapped MTOD Major Thoroughfare Overlay District.
[6]
Sidewalks are to be provided along all sites fronting along
state and county highways and other Town highways within the mapped
MTOD Major Thoroughfare Overlay District that connect to, or contribute
to, the completion of a pedestrian network in the area.
[7]
To the extent practical, the installation of bike lanes and
expanded shoulders should be provided along state and county highways
and other Town highways within the mapped MTOD Major Thoroughfare
Overlay District.
(4)
Driveway design.
(a)
Driveways shall be designed so as to provide
for the safe and efficient movement of traffic between the public
road and the lot and to eliminate the potential for the queuing of
vehicles along the public road due to congestion in or at the driveway.
(b)
Vehicle circulation systems on the lot shall
be designed so as to provide for the safe and efficient movement of
traffic between the driveway and the parking area.
(c)
Driveway width, radii, flare, throat length,
internal circulation systems and other design elements for driveways
to developments generating more than 150 peak hour trips shall be
based upon traffic, engineering and design data provided by a traffic
engineer/consultant who is recognized and accepted by the Town Planning
Board. In the event that a traffic engineer/consultant is not provided,
the Town shall have the right to retain such traffic engineer/consultant
at the cost of the applicant.
(5)
Driveway movements.
(6)
Changes in access.
(a)
The Town Planning Board may establish provisions
for and require future alteration of the lot layout, the location
and design of driveways, parking and other access features based on
phased development, additional development or a change in use of a
lot, or development of or a change in use at an abutting lot.
(b)
On completion of a side, access or service road
abutting a lot with a driveway connection to a public road, the Town
Planning Board may require a driveway or driveways to the side, access
or service road and closure of the driveway connection to the public
road.
(c)
For any change or use of a lot which requires
a Town permit or approval and increases peak hour trips, the Town
Planning Board may:
[1]
Require the closure or relocation or consolidation
of driveways so as to meet the minimum driveway spacing standard for
the new level of peak hour trips.
[2]
Require shared driveways and cross-access driveways
with abutting lots.
[3]
Require alteration of the lot-layout and parking
which allow for the circulation of traffic between abutting properties.
(7)
Medians.
(a)
The type, location and length of medians on
state roads will be determined by the New York State Department of
Transportation. This determination will be made in consultation with
the Town Planning Board and will be based on existing and projected
traffic conditions; the type, size and extent of development and traffic
generated by development; traffic control needs; and other factors.
(b)
The minimum spacing between median openings
will be 1,320 feet for median openings which restrict the directional
movements of vehicles using the opening and 2,640 feet for median
openings which do not restrict the directional movements of vehicles
using the opening.
(c)
The minimum spacing between median openings
may be waived with the mutual agreement of the Town Planning Board
and the New York State Department of Transportation.
(d)
Median openings intended to serve a driveway
or driveways to a development or developments must meet or exceed
the minimum spacing standards between median openings and must also
be justified by a traffic impact analysis approved by the New York
State Department of Transportation in consultation with the Town Planning
Board when driveways are proposed to connect to state roads, or the
Town Planning Board when driveways are proposed to connect to local
roads. The cost for preparation of the traffic impact analysis and
construction of the median opening or openings, including installation
and operation of signals and other improvements where warranted, shall
be born by the applicant.
K.
Classification of large development within the MTOD
Overlay District. Development within the MTOD is classified as either
small development, medium development, or large development. Table
I of these regulations establishes the standards for all three types
of development.[3] Large developments are likely to have the potential for
significant adverse impacts on the environment and, therefore, are
further subject to the following criteria:
(1)
For purposes of this section, large developments shall
include residential developments and mixed-use subdivisions whose
combined trip generation from all lots exceeds 150 peak hour trips;
commercial, retail and industrial developments whose trip generation
exceeds 300 peak hour trips; and any use which will, in the opinion
of a qualified traffic engineer, detrimentally impact the safe and
efficient movement of traffic along public roads.
(2)
Large developments may be required to mitigate the
traffic impacts of their development. Required mitigation may include
but is not limited to the construction of traffic signals, turning
lanes, medians, combined and shared driveways, internal service or
access roads and implementation of public transit improvements and/or
traffic demand management strategies. This requirement may be waived
with:
[Amended 3-23-2021 by L.L. No. 6-2021]
(a)
New York State Department of Transportation approval of proposed
mitigation measures as they may require on or along State Routes 96
and 332.
(b)
Ontario County Department of Public Works approval of proposed
mitigation measures as they may require on or along County Highways
8 and 41.
(c)
Town Highway Superintendent approval of proposed mitigation
measures as may be required on or along Town highways.
(3)
Required mitigation will be identified through a SEQRA
review or transportation impact study.
L.
Land subdivision criteria. All proposed development of land located within the MTOD, which involves the subdivision of a parcel of land not in effect as of the effective date of the adoption of these regulations, shall be subject to the following criteria in addition to that set forth in Chapter 144, Subdivision of Land, of the Code of the Town of Farmington.
(1)
Planned access shall be provided for lots which are
the result of subdivisions occurring after the effective date of this
section.
(2)
Planned access shall address the provisions of this
section and the following:
(a)
Lots which are the result of a subdivision do
not have the right of individual access to public roads. The number
of driveways or other connections shall be the minimum number necessary
to provide reasonable access to these lots, not the maximum available
for the frontage.
(b)
Driveways shall be provided to the road with
the lowest functional classification serving the proposed land use.
(c)
Access should be internalized. Access to lots
within a subdivision should be obtained from an access road or interior
road.
(d)
The access system for the proposed subdivision
should be coordinated with existing, proposed and planned streets
outside the subdivision.
(3)
Shared driveways, cross-access driveways, interconnected
parking and private roads constructed to provide access to lots internal
to a subdivision shall be recorded as an easement and shall constitute
a covenant running with the land. Operating and maintenance agreements
for these facilities should be recorded with the deed.
M.
Incentives for land development within the MTOD Major Thoroughfare Overlay District. In accordance with the provisions of § 261-b of New York State Town Law and § 165-34.1 of the Farmington Town Code, the Town Board, upon recommendation from the Town Planning Board, may grant zoning incentives to proposed development occurring within the MTOD area when the following conditions are found to exist:
[Amended 3-23-2021 by L.L. No. 6-2021]
(1)
There are site improvements to ensure the safe and efficient movement
of traffic along a road and between the road and properties abutting
the road which include, but are not limited to, shared driveways,
cross-access driveways, access and service roads, effective internal
circulation systems, interconnected parking, separate vehicular and
pedestrian systems, bike lanes and public transportation defined areas.
(2)
The Town Board, based upon a Town Planning Board recommendation which is first based upon an application for approval of a preliminary site development plan, or preliminary subdivision plat, may grant adjustments to the permissible density, area, height or open space otherwise required in the zoning district; and as further determined to be in compliance with the provisions in § 165-34.1 of this chapter.
(3)
The Town Board, in considering such incentives, may also consider
accepting a cash payment in lieu of amenity to be used to pay for
any off-site transportation-related improvements within the mapped
MTOD Major Thoroughfare Overlay District area, to include, but not
limited to, installation of sidewalks, delineation of bike lanes,
installation of public transportation facilities, including pedestrian
signals and crosswalks, and streetscape improvements such as those
identified in Appendix B of the adopted Town of Farmington Streetscape
Design Guidelines Route 96 Corridor Plan.
N.
Variance standards for development within the MTOD
Overlay District.
(1)
In addition to the standards and criteria for development
set forth elsewhere in the Town of Farmington Code, the Town Board
hereby enacts the following additional standards for the granting
of variances associated with development within the MTOD Overlay District:
(a)
The granting of an area variance shall be in
harmony with the purpose and intent of this section and shall not
be considered until every reasonable option for meeting the provisions
of this section is explored.
(b)
Applicants for an area variance must demonstrate
unique or special conditions that make strict application of the provisions
of this section impractical. This shall include a showing that:
(c)
Under no circumstances shall an area variance
be granted unless not granting the variance would deny all reasonable
access, endanger public health, welfare or safety or cause an exceptional
and undue hardship on the applicant. No area variance shall be granted
where such hardship is self-created.
(2)
Additional provisions and requirements.
(a)
Lot area, bulk and coverage requirements.
[1]
Lot area, bulk and coverage requirements shall
be as defined in the Town of Farmington, Schedule I, Lot Area, Bulk
and Coverage Requirements,[4] except as otherwise provided for in this chapter.
[4]
Editor's Note: Schedule I is included at the end of this chapter.
[2]
Lots within the MTOD Major Thoroughfare Overlay District which take access to state roads shall have a minimum width which allows the placement of driveways within the minimum driveway spacing standards as defined in Chapter 165, Article IV, § 165-34J. Such width may be reduced, at the discretion of the Town Planning Board, where the lot obtains access through a shared driveway or a cross-access driveway or provides a separate driveway to another road.
[3]
Lots within the MTOD Major Thoroughfare Overlay District which take access exclusively from a local collector, local arterial, access road or development road shall have a width which allows the placement of driveways within the minimum driveway spacing standards for such roads as defined in Chapter 165, Article IV, § 165-34J. In such cases the minimum lot width required along State Route 332 and State Route 96 shall be as defined in the Town of Farmington, Schedule I, Lot Area, Bulk and Coverage Requirements.[5]
[5]
Editor's Note: Schedule I is included at the end of this chapter.
[Added 3-23-2004 by L.L. No. 3-2004]
A.
Intent. The Town Board finds that in addition to existing powers and authorities to regulate by planning and zoning, including authorization to provide for the granting of incentives, or bonuses pursuant to other enabling law, the Town Board is hereby empowered, as part of Chapter 165 of the Town Code, to provide for a system of zoning incentives, or bonuses, as the Town Board deems necessary and appropriate, consistent with the purposes and conditions set forth in this section.
B.
Purpose. The purpose of these regulations of incentive,
or bonus, zoning shall be to advance the Town's specific physical,
cultural and social policies in accordance with the Town's Comprehensive
Plan and in coordination with other community planning mechanisms
or land use techniques. The system of zoning incentives or bonuses
shall be in accordance with the meaning of § 261-b of Article
16 of the New York Town Law, as may be amended from time to time.
C.
Authority. This authority may be used by the Town
Board to assist in implementing the following planning objectives:
(1)
To protect highly valued ecological resources,
geological features and environmentally sensitive areas;
(2)
To protect active farmland operations;
(3)
To preserve greenways and important open spaces,
including access to the Auburn Bikeway and Hiking Trail;
(4)
To preserve historic and/or archaeological resources;
(5)
To protect high-quality scenic resources;
(6)
To secure important public works improvements
which would not otherwise be provided to planned development areas
of the community and which are in excess of that necessitated by immediate
project demand; and
(7)
To provide a more desirable environment than
what would be possible through the strict application of existing
zoning regulations.
D.
Districts designated for incentives. The following
mapped zoning districts are designated as eligible for zoning incentives.
Incentives may be offered to applicants who offer an acceptable amenity
to the Town in exchange for the incentive.
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RR-80
|
Rural/Residential
| |
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RS-25
|
Residential Suburban
| |
|
R-1-15
|
Residential Single-Family
| |
|
R-1-10
|
Residential Single-Family
| |
|
R-2
|
Residential Two-Family
| |
|
RMF
|
Residential Multiple-Family
| |
|
RB
|
Restricted Business
| |
|
NB
|
Neighborhood Business
| |
|
GB
|
General Business
| |
|
LI
|
Limited Industrial
| |
|
GI
|
General Industrial
|
F.
Community benefits or amenities. The following community benefits or amenities may, at the discretion of the Town Board, be accepted in exchange for an incentive identified in Subsection E above. These community benefits may be either on or off the site of the subject application, may involve one or more parcels of land and may be situated in any district, unless otherwise specifically limited in this section, and will be in addition to any mandated requirements pursuant to other provisions of the Town of Farmington Code and any other applicable law or regulation.
(1)
Agricultural conservation, open space, scenic,
ecological, historic or other permanent conservation easements.
(2)
Donation of land in fee simple for either conservation
or other community benefit purposes.
(3)
Construction of recreation amenities, serving
a Town-wide need, accessible to the general public, above and beyond
that required elsewhere in the Town Code.
(4)
Construction or improvement to public works
facilities, which are above and beyond that required to mitigate proposed
impacts in accordance with the Town Code and the State Environmental
Quality Review (SEQR) Regulations.
(5)
Preservation and improvement of historical or
cultural sites or structures.
(6)
Provision of cross access easement or shared
access.
(7)
Other facilities or benefits to the residents
of the community, as determined by the Town Board.
(8)
Any combination of the above-listed community
benefits or amenities.
G.
Criteria for approval. Applications for incentives
in exchange for amenities shall be submitted in writing to the Town
Board. In order to preliminarily evaluate the adequacy of amenities
to be accepted in exchange for the requested incentive, the following
information shall be provided by the applicant:
(1)
The proposed amenity.
(2)
The value of the proposed amenity.
(3)
A narrative which:
(a)
Describes the benefits to be provided to the
community by the proposed amenity.
(b)
Provides preliminary indication that there are
adequate sanitary sewers, water, transportation, waste disposal and
fire protection facilities within the existing zoning district in
which the proposal is located in order to accommodate additional demands,
if any.
(c)
Explains how the proposed amenity promotes implementation
of physical, environmental or cultural policies articulated in proposed
plans.
(d)
Describes the requested incentive and its value.
(e)
Describes the manner in which any common areas
are to be owned and maintained, including open space, streets, lighting
and other considerations relevant to the proposal.
(f)
Describes any covenants, grants of easement
or other restrictions proposed to be imposed upon the use of the land,
buildings or structures, including proposed easements for public utilities.
H.
Initial review and consideration. All applications for incentive zoning shall commence with a written proposal to the Town Board, which sets forth the criteria listed in Subsection G above. The Town Board shall review the proposal and inform the applicant whether or not the proposal is worthy of further consideration. If it is deemed worthy of further consideration, the applicant may then submit two sketch plans to the Planning Board for its review and report to the Town Board.
(1)
The first sketch plan.
(a)
The first sketch plan shall show how the site will be developed, with the amenity, if it is on-site, and the incentive being requested. In addition to meeting the requirements of the applicable sections of the Town Code, the plan shall also meet the requirements of § 165-100, Site development plan, and/or § 144-10, Sketch plan requirements, and show existing development, property owner's names and tax account numbers for all property within 200 feet of the property lines of the proposed project or such other distance as may be specified by the Town Board.
(b)
If the incentive will result in a structural
height increase, the applicant shall submit an elevation drawing,
at a scale of 1/4 inch equals one foot, which shows the height
permitted by district regulations, the proposed additional height,
the distance to other principal structures on site and on adjacent
properties and their heights, as well as property line locations.
(c)
If the incentive will result in a setback or
open space reduction, the drawing shall show this reduction in relation
to the principal structure on site and on adjacent properties, as
well as property lines.
(2)
The second sketch plan. The second sketch plan should meet the requirements of § 165-100, Site development plan, and/or § 144-10, Sketch plan requirements, and show existing development, property owner's names and tax account numbers for all property within 200 feet of the property line of the project site or such other distance as specified by the Town Board, but shall only show how the site would be developed exclusive of any amenity or incentive.
(3)
The applicant shall also submit such additional
information and plans as may be required by the Planning Board, which,
in its judgment, are necessary in order to perform a thorough evaluation
of the proposal.
I.
The Planning Board review. The Planning Board will
review the proposal and report to the Town Board with its evaluation
of the adequacy with which the amenity(ies)/incentive(s) fit the site
and how they relate to adjacent uses and structures. The Planning
Board's review shall be limited to the planning, design and layout
considerations involved with project review or such other issues as
may be specifically referred by the Town Board. The Planning Board's
report shall be submitted to the Town Board within 70 days from the
date of the Planning Board meeting at which the proposal is first
placed on the agenda. This time period may be extended/suspended for
good cause by the Town Board.
J.
Town Board decision on public hearing. The Town Board,
upon its receipt of the Planning Board's report, will review the document
and then notify the applicant as to whether or not it is willing to
further consider the proposal and hold a public hearing thereon. If
the Town Board decides to further consider the proposal, it shall
hold a public hearing thereon. For Town Board public hearings on incentive
zoning requests, the Town Clerk shall give notice of the hearing in
the official newspaper of the Town at least five days prior to the
date of the hearing.
K.
SEQR compliance and verification. All applicable requirements
of the State Environmental Quality Review (SEQR) Regulations shall
be complied with as part of the review and hearing process. In addition
to other information that may be required as part of an environmental
assessment of the proposal, the assessment shall include verification
that the zoning district in which the proposal is to be located has
adequate sewer, water, transportation, waste disposal and fire protection
facilities to:
(1)
First, serve the remaining vacant land in the
district as though it were developed to its fullest potential under
the district regulations in effect at the time of the amenity/incentive
proposal; and
L.
Costs. Any applicant for incentives or bonuses shall
pay a proportionate share of the cost of preparing any environmental
impact statement required by the Town Board, this section, Town Law
§ 261-b, as amended, or 6 NYCRR Part 617, as amended, and
such charge shall be added to any site-specific charge made pursuant
to the provisions of § 8-0109 of the Environmental Conservation
Law.
M.
Coordination with other governmental agencies. The
Town Board shall, before taking action, refer, where appropriate,
the application to the Ontario County Planning Board for review and
recommendation under the provisions of §§ 239-l and
239-m of the New York State General Municipal Law. Where said rezoning
application affects property located within 500 feet of a municipal
boundary, the Town Clerk shall provide notice of said action to the
clerk of the adjacent municipality. Following the hearings and in
addition to compliance with all SEQR requirements, the Town Board
shall, before taking action, refer the proposal for review and comment
to other governmental agencies as may be required and may refer the
proposal to the Planning Board and other Town boards and officials
for review and comment. In order to approve an amenity/incentive proposal,
the Town Board shall determine that the proposed amenity provides
sufficient public benefit to provide the requested incentive. The
Town Board shall, as part of its conditional approval, specify the
amenity being provided, including when and how such amenity is to
be provided, along with a detailed description of the incentive(s)
being provided. Thereafter, the Planning Board is authorized to act
on an application for preliminary approval as provided for elsewhere
in the Town Code. In no circumstances shall the Town Board be compelled
to approve any amenity/incentive proposal in its sole and absolute
discretion. The Town Board may also impose such conditions upon its
approval as it may deem appropriate to promote the health, safety
and welfare of the community.
N.
Following preliminary plan approval and subject to
meeting all conditions imposed on the preliminary plan, including
all documentation required by the Town Attorney, Town Highway Superintendent,
Town Water and Sewer Superintendent, Town Code Enforcement Officer
and the Fire Chief of the Farmington Volunteer Fire Department on
the amenity, the applicant may submit a final plan for review and
approval by the Planning Board.
O.
Notation on Official Zoning Map. Upon final plan approval,
the Town Clerk shall affix a reference to the Official Zoning Map
that the development of this site was approved under the Town's incentive
zoning provisions and include a reference to the date such action
was taken.
P.
Cash payment in lieu of amenity. If the Town Board
finds that a community benefit is not suitable on site or cannot be
reasonably provided, the Town Board may require a cash payment in
lieu of the provisions of the amenity. These funds shall be placed
in a trust fund to be used by the Town Board exclusively for amenities
specified prior to acceptance of funds. Cash payments shall be made
prior to the issuance of a building permit. Cash payments in lieu
of amenities are not to be used to pay general and ordinary Town expenses.
[Added 3-23-2021 by L.L.
No. 6-2021]
A.
Intent. The MSOD Main Street Overlay District is based upon the recommendations
identified in the report entitled "Streetscape Design Guidelines Route
96 Corridor," prepared by MRB Group, D.P.C., dated May 2021 and adopted
by the Farmington Town Board on May 25, 2021, by Town Board Resolution
No. 208 of 2021. State Route 96, between the Victor/Farmington Town
line on the west and extending east to the intersection of State Route
96 with Hook Road and Beaver Creek Road, and extending further east
along the north side only of State Route 96 to Fairdale Glen, is considered
the Town's "main street corridor" area. This area is based upon the
defined Hamlet of Farmington, New York, area established in cooperation
with the New York State Thruway Authority and the Region 4 Office
of the New York State Department of Transportation. All site development
within this area shall include regulations contained in this section
of the Town Code which shall be in addition to the requirements for
site development within the underlying zoning districts and the provisions
set forth below in this section, which are based upon the guidelines
for landscaping, building foundation plantings, building elevations,
street trees, pedestrian-oriented lighting standards, signage, public
transportation stops, curbing, driveway spacing, pedestrian crossings,
stormwater and other elements of the streetscape including, but not
limited to, uniform streetlight design, benches and trash receptacles.
The area allows and encourages the development of mixed-use buildings:
first-floor commercial use and second-floor residential use. Transportation
options consist of pedestrian-friendly access along street fronts,
bike lanes and access to public transit stops.
B.
Delineation of MSOD Main Street Overlay District boundaries. The MSOD is hereby established as a mapped overlay zoning district. The MSOD shall be delineated upon the Town of Farmington Official Zoning Map as a separate inset delineating the defined main street area, showing those parcels in existence on the effective date of adoption of these overlay district regulations, which are delineated in Appendix B: Main Street Overlay District Map, a part of the document entitled "Town of Farmington Streetscape Design Guidelines Route 96 Corridor," and as may be further amended by land subdivision approved by the Town Planning Board and/or Town Board resolution to amend said Appendix, from time to time. The MSOD inset shall be clearly defined as an overlay district that is in addition to the requirements contained in Chapter 165, Article IV, District Regulations, § 165-34, MTOD Major Thoroughfare Overlay District. Any parcel of land which, at the time of enactment of these regulations, contains frontage along the delineated main street corridor area, or has access to said area via a dedicated street, or shared driveway, shall be considered to be within the boundary of the MSOD.
C.
Permitted principal uses. Permitted principal uses within the MSOD
Main Street Overlay District shall be, first, those allowed within
the underlying zoning district and shall be subject to the appropriate
principal use provisions and restrictions; and, second, as regulated
by the driveway spacing standards contained in the MTDO Major Thoroughfare
Overlay District.
D.
Permitted accessory uses. Permitted accessory uses within the MSOD
Main Street Overlay District shall be those allowed within the underlying
zoning district and subject further to the accessory use provision
and restrictions of that district.
E.
Special permit uses. Uses within the MSOD Main Street Overlay District which are first allowed by special permit review and approval by the Town Planning Board shall also be special permitted by the MSOD regulations set forth herein as well as those provisions contained in Chapter 165, Article VIII, §§ 165-99 and 165-100 of the Farmington Town Code.
F.
Dimensional requirements. Dimensional requirements within the MSOD Main Street Overlay District shall be those setbacks, lot size and lot coverage provisions of the underlying zoning district as contained in Schedule 1 of Chapter 165, Zoning, of the Farmington Town Code, unless otherwise specified below herein.
G.
Building setbacks. Building located within the MSOD Main Street Overlay
District shall first be subject to the following setbacks:
(1)
Side yard: 30 feet.
(2)
From a Town access road: 50 feet.
(3)
From State Route 96: 70 feet from highway right-of-way.
(4)
From County Road 8 or 41: 70 feet from highway right-of-way.
(5)
From State Route 332: 100 feet from highway right-of-way.
(6)
Front yard setback shall be that portion of a parcel which provides
access to and from an adjacent public highway.
H.
Structure setbacks. Structures located within the MSOD Main Street
Overlay District shall first be subject to the following setbacks:
(1)
No structure, other than an approved streetscape fixture, may
be placed within a thirty-foot-wide grassed and sidewalk buffer area
that is to be located across the property's frontage and as measured
from the adjacent highway's edge of pavement.
(2)
All ground-mounted (freestanding) commercial speech business
identification signs are to be located a minimum of 45 feet from the
right-of-way line of the adjacent state highway or 30 feet from the
right-of-way line of the adjacent Town highway.
(3)
The minimum clearance between the bottom of a ground-mounted
(freestanding) commercial speech business identification sign shall
be seven feet above existing grade.
(4)
The maximum height for a ground-mounted (freestanding) commercial
speech business identification sign shall be 12 feet above existing
grade.
(5)
No ground-mounted (freestanding) commercial speech business
identification sign may be placed on top of any landscape berm located
on the site.
I.
Site lighting.
(1)
Pedestrian-scaled area lighting of the site is required.
(2)
Light fixture style shall be those identified in the adopted
"Streetscape Design Guidelines Route 96 Corridor," referenced above
in this section. Light fixtures shall be no higher from the finished
grade than 12 feet for pedestrian-scaled lighting, and no higher than
the greater of 25 feet for a parking lot areas lighting.
(3)
The light source shall not be visible from any angle from adjacent
streets or properties or the sky. Light fixtures shall be designed
and installed so as not to cause illumination to spill beyond the
boundaries of the site.
 |
(4)
To provide optimum color rendition of site lighting along the
main street corridor, all lamps are to be LED-types not exceeding
4,000 K.
(5)
Area lighting located within parking lots shall have a minimum
of 0.5 footcandles and have a light uniformity ratio of 5:1 or lower
in all areas, including driveways and pedestrian access routes.
J.
Commercial speech signs. The following sign regulations for properties located within the MSOD Main Street Overlay District are in addition to the sign regulations contained elsewhere in §§ 165-38 through 165-49 of this chapter. Where any conflict between these sections arise, the more restrictive regulations shall take precedent.
(1)
The following standards for commercial speech signs associated
with development occurring within the mapped MSOD Main Street Overlay
District when only one principal building, use or activity is proposed
upon a single parcel of real property.
(a)
No more than one commercial speech building-mounted business
identification sign may be erected on that portion of a building's
elevation as viewed by motorists traveling along State Route 96. The
maximum size of said sign shall not exceed 48 square feet in sign
area and shall not be located on any portion of the building's roof.
(b)
Where a building fronts along a Town highway and the side or
rear elevation of the building fronts along State Route 96, then one
commercial speech building-mounted business identification sign may
be erected on the building elevation facing the Town highway and one
additional building-mounted commercial speech business identification
sign may be allowed on the building's elevation facing State Route
96. In this instance, the maximum size of the sign facing the Town
highway shall not exceed 48 square feet in sign area and the maximum
size of the sign to be located on that portion of the building facing
State Route 96 shall be 36 square feet in sign area. Neither of these
two commercial speech business identification signs may be located
on any portion of the building's roof.
(c)
Where a building fronts State Route 96 and the side or rear
elevation of the building fronts along another public street, then
one additional commercial speech building-mounted business identification
sign may be erected on the building elevation facing the adjacent
public highway. In this instance, the maximum size of the sign facing
State Route 96 shall not exceed 48 square feet in sign area and the
maximum size the sign to be attached to that portion of the building's
elevation facing the adjacent public highway shall be 36 square feet
in sign area. Neither of these two building-mounted commercial speech
business identification signs may be located on any portion of the
building's roof.
(d)
Where a building is located along a portion of three or more
adjacent public highways, then one additional building-mounted commercial
speech business identification sign may be erected on the building.
In this instance, the maximum size of the third sign to be located
on that portion of the building's elevation facing the third highway
shall be 36 square feet in sign area. No portion of the third building-mounted
commercial speech business identification sign may be located on any
portion of the building's roof.
(e)
Commercial speech business identification signs, either building-mounted
or ground-mounted, located upon properties lying within the mapped
MSOD Main Street Overlay District may only contain the name of the
business, the business logo and the street address number. No product
advertising shall be allowed on either a building-mounted or ground-mounted
commercial speech business identification sign.
(2)
The following standards for commercial speech signs are required
for all associated site development occurring within the mapped MSOD
Main Street Overlay District where there is more than one building,
use or activity proposed upon a single parcel of real property.
(a)
The principal building or use of the property shall be that
building, or portion thereof, devoted to a single use which contains
the largest building area on the site. There shall only be one principal
building located upon a single parcel of real property.
(b)
The provisions contained in § 165-43B(2) shall apply to this section of the Farmington Town Code, except as may be further modified below.
(c)
Where there is more than one principal building located upon
a single parcel of real property within the MSOD Main Street Overlay
District, such as in the case of a shopping center, plaza, office
complex or other multiple-commercial-use facility, industrial complex
or office park and said principal building is located 100 feet from
the adjacent highway right-of-way line, then the site may have one
double-sided ground-mounted commercial speech sign identifying only
the name of the shopping center, plaza, office complex or other multiple-commercial-use
facility, industrial complex or office park. In this instance, the
commercial speech sign may be double-sided, ground-mounted (freestanding)
with up to 48 square feet in sign area and not more than 15 feet in
height above existing grade.
(d)
Ground-mounted free-standing commercial speech business identification
signs for any other building(s) located on this type of setting shall
be prohibited.
(e)
Each individual business tenant that has an exterior entrance
to and from a principal building may have one building-mounted commercial
speech business identification sign located on the front of the building
facing the adjacent public street or common parking lot. Such sign
shall not exceed the sum of one square foot of sign area for each
linear foot of building frontage devoted to that tenant's use. Any
tenant having a second exterior entrance facing more than one public
way shall be allowed a second building-mounted commercial speech business
identification sign not exceeding eight square feet in sign area.
(f)
Each individual business tenant on a multiple-tenant site that
has a building located in the front portion of the site and is set
back from the right-of-way of the state, county and Town highways
listed above herein may have a building-mounted commercial-speech
business advertising sign placed on the facade(s) of the building
facing any of the highways listed above herein. The maximum size of
said building-mounted sign shall be 48 square feet in sign area.
K.
Additional site plan and special use permit provisions and requirements. The requirements contained within §§ 165-44, 165-57B, 165-60C, 165-99C, and 165-100 of this chapter of the Farmington Town Code shall apply to the review and approval of any site development plan or special use permit required within either the MTOD Major Thoroughfare Overlay District and the MSOD Main Street Overlay District.
L.
Through lot site plan and special use permit additional provisions and requirements. Any site development within the MSOD Main Street Overlay District that occurs on a through lot, as defined in Article II, Terminology, § 165-10, Definitions, shall be subject further to the following requirements:
(1)
Where the front facade of a building faces an access road and
site access to and from said access road is provided from this portion
of the parcel, then the rear yard portion of the parcel shall be defined
as that portion of the parcel located between the right-of-way line
of the State Route 96 to the building's facade.
(2)
Where the front facade of a building faces State Route 96 and
site access is obtained from said state road, then the front yard
portion of the parcel shall be defined as that portion of the parcel
between the right-of-way line of the State Route 96 to the front facade
of the building.
(3)
Where the side facade of a building faces a portion of an access
road where site access is not provided, then the side yard portion
of the parcel shall be defined as that portion of the parcel between
the building facade which is parallel to the access road and facing
the right-of-way line of the access road.
(4)
Where a site development plan proposes a building to be located
upon a through lot, then the architectural treatment of the facade(s)
of such a building shall be the same for both portions of the building.
(5)
Where a site development plan located on a through lot proposes
a drive-through service window and/or an automatic banking machine
service, then the design of the drive-through service window and/or
banking machine service shall complement the facade of the building.
In addition, whenever there is to be a drive-through service window
and/or an automatic banking machine service that is/are located in
close proximity to an adjacent public highway, then a densely planted
landscape treatment shall be provided along the entire length of the
drive-through aisle(s) that will adequately screen vehicle headlights
using these on-site services from adjacent public highways. Said screening
shall not exceed 48 inches in height above existing grade of the drive
aisle(s).
(6)
Where site development is to be located on a through lot, then
any commercial speech sign shall be permitted as a building-mounted
commercial speech sign(s) and placed upon either side of the building
and in accordance with the criteria contained elsewhere in this chapter
of the Farmington Town Code. In addition, a single freestanding commercial
speech sign may be permitted on a through lot, but shall only be allowed
within the front yard portion of the parcel.
M.
Streetscape design requirements. Site development plan review and
approval, as well as special use permit review and approval, by the
Town Planning Board for any parcel located within the delineated MSOD
Main Street Overlay District shall include the following site amenities:
(1)
A thirty-foot buffer area from the edge of pavement along the
lot width of a parcel is to be provided. Depending upon underground
utilities and future highway lane widening, or turn lanes required
by the New York State Department of Transportation or the Ontario
County Department of Public Works, a thirty-foot minimum buffer area
shall be provided from the edge of the turning lane pavement along
the lot width of a parcel.
(2)
A five-foot-wide concrete sidewalk is to be provided across
the lot frontage of any parcel involved with a site development or
special use permit review and approval. Sidewalks within each parcel
are to connect the principal building to the main sidewalk(s) located
along State Route 96 or the adjacent public highway. All sidewalks
to be located within state or Ontario County rights-of-way are to
be built to Town site design and development criteria standards.
(3)
Streetlamps, described in Appendix A of the report entitled
"Town of Farmington Streetscape Design Guidelines Route 96 Corridor,"
which is referenced above herein, are to be installed across the frontages
of properties within the MSOD. Streetlamps to be located along State
Route 96, or the two County Highways (C.R. 8 and C.R. 41), shall be
located, wherever possible, outside the right-of-way of these highways.
Said streetlamps are to be placed no further apart than 70 feet along
the sidewalks located along adjacent public highways. Streetlamps
may be located within Town highway rights-of-way, but only with approval
from the Town Highway Superintendent.
(4)
Sidewalks and crosswalks that are installed at major street
intersections within the MSOD Main Street Overlay District shall be
in accordance with design criteria required by either the New York
State Department of Transportation, or the Town Highway Superintendent,
depending upon the highway jurisdiction. "Major street intersections"
with State Route 96 are defined as the following intersections: Elizabeth
Way; Mertensia Road; Mercier Boulevard; Commercial Drive and Hook
Road/Beaver Creek Road. Should additional public roads be approved
as part of any site development plan to intersect with State Route
96 within the MSOD, then those public highways shall be added to the
above listing of major street intersections and required sidewalk/crosswalk
improvements made. In addition, at these major street intersections,
decorative street planting rails and pedestrian area lights are to
be provided.
(5)
Streetscape furniture (e.g., benches, trash receptacles, etc.)
shall be spaced apart at 500-foot intervals, starting at the intersection
of State Routes 96 and 322 extending in two directions, both east
and west, and along both sides of the State Route 96 highway. The
furniture is to match the wood/steel bench design contained in Appendix
A of the above-referenced "Town of Farmington Streetscape Design Guidelines
Route 96 Corridor."
(6)
A separate site landscaping plan shall be provided for all site
development and special use permit applications. The landscaping plan
shall include a keyed planting schedule specifically detailing the
quantity, species and size of all plant materials. Landscaping plans
shall substantially conform to other landscaping existing within the
MSOD Main Street Overlay District, so as to create a uniform appearance.
Plant materials shall be liberally located throughout the site. Massing
of multiple plants is preferable to the installation of individual
plants. A successful site landscaping plan will feature a variety
of types (e.g., trees, shrubs, ground covers, perennials, deciduous,
evergreen, etc.) and sizes of plant materials. Native plant species
shall be used in or near proposed stormwater management areas and
near environmentally sensitive areas (e.g., freshwater wetlands).
Additionally, vegetated buffers between varied uses should consist
primarily of native plant species such as white pine and white spruce.
The use of nonnative invasive species is prohibited. These include
Japanese Barberry, Norway Maple, Russian Olive and Autumn Olive.
(7)
Street tree specifications. Street trees to be installed shall
have a minimum of 2 1/2-inch caliper. Street trees to be installed
along the State Route 96 frontage are to be a flowering variety tree
having a height to complement the adjacent pedestrian corridor. For
site specific street tree plantings guidelines, the Planning Board
shall reference those guidelines contained in the above-referenced
"Town of Farmington Streetscape Design Guidelines," Pages 4, 5, 6
and 7.
(8)
Existing site trees. Existing trees shall be preserved wherever
practical, provided the trees are not diseased or abnormally subject
to disease, structurally unsound or misshapen. Any site development
plan or special use permit application shall detail existing trees
on the parcel under consideration. No site clearing shall be permitted
without Planning Board approval and filing of surety with the Town
Clerk's office.
(9)
Berms, shrubs and ground covers. Planted berms (not exceeding
two feet to three feet in height) shall be provided within the MSOD
Main Street Overlay District and planted with shrubs of sufficient
height to screen parking lots and drive aisles from the street. Berms
and trees are not intended to be located over Town or other private
utilities. Shrubs and ground covers shall provide visual interest
in all seasons.
(10)
Water features. Unless located in a hardscape (e.g., plaza,
courtyard, etc.), water features (including ponds and wet areas created
as part of the site's stormwater management system) shall be organically
shaped and be sympathetic to the site's natural topography. Such facilities
should be designed to blend in with the general flow of the landscape
and site grading so as not to present abrupt changes in grade, slope,
or direction.
(11)
Stormwater design features. Detailed landscaping plans for stormwater
management areas consistent with design guidelines and the New York
State Stormwater Management Design Manual. Establishing a diverse
range of vegetative cover types with suitable plant species for limiting
the spread of nuisance and invasive species. Therefore, care shall
be taken to incorporate a mixture of trees, shrubs and herbaceous
species consistent with naturally occurring ponds, wetlands and streams.
(12)
Weed control fabric and mulches. Weed control fabric and mulches
shall be provided as appropriate. All mulch beds within the MSOD Main
Street Overlay District shall be of a natural color mulch (e.g., brown
or black only). No stone or other colors are to be provided within
these areas.
(13)
Large, decorative rocks. Large, decorative rocks or aesthetically
pleasing rocks are to be strategically placed within the streetscape
buffer areas outside of the rights-of-way and along the walkways to
help fill empty space. Clustering of landscaping shall also be considered.
Q.
Land subdivision criteria. The regulations contained in Chapter 165, Article IV, § 165-34L, MTOD Major Thoroughfare Overlay District, also apply to the proposed development of land, which involves the subdivision of land not in effect as of the effective date of the adoption of these MSOD Main Street Overlay District regulations.
R.
Incentives for land development within the MSOD. In accordance with the provisions of § 261-b of the New York State Town Law, the Town Board, upon an application for incentive zoning, as provided for in Chapter 165, Article IV, § 165-34.1 of the Farmington Town Code, may grant incentives to proposed development occurring within the MSOD Main Street Overlay District in accordance with the provisions contained in § 165-34.1M.
S.
Variance standards for development within the MSOD. The regulations contained in Chapter 165, Article IV, § 165-34N, MTOD Major Thoroughfare Overlay District, also apply to the standards for the Zoning Board of Appeals granting of variances associated with development within the MSOD Main Street Overlay District.
A.
Schedule I. Schedule I, of the lot area, bulk and coverage requirements, appended hereto, is hereby made a part of this chapter. The requirements contained therein are hereby established as the minimum requirements for each of the districts established by § 165-11 of this chapter.
B.
Schedule II. Schedule II, of the minimum habitable
floor area requirements, appended hereto, is hereby made a part of
this chapter. The requirements contained therein are hereby established
as the minimum requirements for each dwelling type by district.
[1]
Editor's Note: Schedules I and II are included as an attachment to this chapter.
