Except as hereinafter provided:
A.
Compliance with district regulations. No building
or land shall hereafter be used or occupied and no building or part
thereof shall be erected, moved or altered unless in conformity with
the regulations herein specified for the district in which it is located.
B.
Height, occupancy, lot coverage and yard requirements.
No building 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 rear
yards, front yards, side yards or inner or outer courts than is specified
herein for the district in which such building is located.
C.
Use of yard for another building prohibited. No part
of a yard or other open space about any building required for the
purpose of complying with the provisions of this chapter shall be
included as part of a yard or other open space similarly required
for another building.
D.
Use not specifically permitted is prohibited. All
uses not specifically permitted in a district or permitted after obtaining
a special use permit shall be deemed prohibited.
E.
Uniformity. Within each district the regulations established
by this chapter shall be minimum regulations and shall be applied
uniformly to each class or kind of structure or land.
The following regulations shall apply in all
RR-1 Districts:
A.
Permitted principal uses are:
(1)
Single-family dwellings subject to § 180-35. A single-family dwelling may contain two living areas including two kitchens, two or more bedrooms and bathrooms, such as, for example, to provide living space for out-of-town guests or extended family, provided that:
[Amended 8-22-1994 as L.L. No. 2-1994; 4-5-2001 by L.L. No.
2-2001; 1-6-2005 by L.L. No. 1-2005]
(a)
The living areas within the dwelling are part
of the single dwelling;
(b)
The living areas within the dwelling shall have
access to each other;
(c)
The dwelling must have only one primary exterior
entrance; however, there may be an additional entrance to the second
living area; and
(d)
The dwelling has one street and one mailing
address.
(2)
Customary agricultural operations on a farm as defined
herein; provided no storage of manure, bedding such as straw, hay,
shavings or other odor-producing substance is permitted within 100
feet of any property line. Barns and other structures housing livestock,
farm animals and fowl shall be located at least 100 feet from all
property lines. Customary agricultural operations shall also include
cutting, splitting and sale of firewood, provided it is part of an
active farm operation.
[Amended 8-22-1994 as L.L. No. 2-1994;12-18-2003 by L.L. No.
6-2003;]
(3)
Uses in accordance with Chapter 70, Campgrounds and Recreational Vehicle Parks.
[Added 10-6-2011 by L.L. No. 3-2011]
(4)
Short-term
rentals, subject to obtaining a short-term rental license.
[Added 3-2-2023 by L.L. No. 4-2023]
B.
Permitted accessory uses located on the same lot with the permitted principal use (A use is not an accessory use if the principal use is not in place at the time of the creation of the attempted accessory use, except as set forth in Subdivision E of § 180-21.) are:
[Amended 3-7-2002 by L.L. No. 2-2002; 12-18-2003 by L.L. No.
6-2003]
(2)
Private swimming pools.
(3)
Other customary accessory uses and buildings, except satellite receiver antennas, ham radio antennas and windmills; however, satellite dishes, whose right of regulation as to use is superseded by federal laws, rules and/or regulations, are a permitted use and except for accessory buildings, which may be prohibited under § 180-21.
(4)
Private garages.
(6)
Keeping of chickens (but no roosters) on property that is not an
actively operated farm is allowed, so long as they are sheltered.
However, no storage of manure, straw, hay, shavings or other odor-producing
substance is permitted within 30 feet of any property line. Barns,
chicken coops and other structures housing chickens shall be allowed
within up to 30 feet from all property lines, and fenced chicken runs/pens
(with no odor-producing substances, including manure, straw, hay,
shavings, etc.) shall be allowed within up to 30 feet of the property
lines. No slaughtering of chickens shall be permitted on premises.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
C.
Uses permitted upon issuance of a special use permit;
upon registering with the Town.
(1)
(a)
Golf courses and country clubs occupying an
area of not less than 40 acres.
[Amended 12-6-2007 by L.L. No. 6-2007]
[1]
"Golf course and country club" is defined to mean any privately,
semi-privately or publicly owned golf course consisting of at least
nine holes of conventional design and distance (excepting miniature
golf) and may include the following facilities as also permitted with
the principal use:
[a]
Clubhouse, including kitchens, dining areas, game
rooms, bar, grill, locker rooms and baths. In cases where a clubhouse
is approved with dining facilities, said facilities may be utilized
on a year-round basis.
[b]
Swimming pools.
[c]
Parking areas.
[d]
Tennis and/or paddleball courts.
[e]
Designated area dedicated to outdoor events, such
as ceremonies, banquets, weddings, musical functions, etc. Said area
may be open-air or tented.
(b)
Cemeteries.
(c)
Churches and similar places of worship, including
parish houses and religious education buildings.
(d)
Veterinary office/clinic for farm animals on
parcels or lots of 10 acres or more.
(e)
Satellite receiver antennas (use and regulation
of such antennas which is not superseded by federal laws, rules and
regulations) and windmills, provided that, if they are mounted on
the ground, their overall height does not exceed their distance from
the property line and said windmill is not in excess of 35 feet in
height, and further provided that if said antenna is mounted on a
rooftop, its height shall not exceed a height where guide wires or
mechanical bracing devices are required. The Planning Board, upon
granting such special use permit, shall, as a condition, require the
removal of the windmill if same is not operated or utilized for a
continuous period of 60 days.
[Amended 6-16-2005 by L.L. No. 3-2005]
(g)
Private elementary and high schools, institutions of higher education,
public libraries and municipal buildings.
[Added 12-6-2007 by L.L.
No. 6-2007]
(h)
Boarding of horses for hire, remuneration or sale not connected with a home occupation or business requiring a home occupation permit within the definition of "home occupation, major-category B," as defined in § 180-43.1, animal or veterinarian clinics and riding academies, any of which must be on a site of at least 10 acres.
[Added 12-6-2007 by L.L.
No. 6-2007]
(i)
Broadcast radio antennas not intended for commercial use (including ham radios) as an accessory use, provided their height shall not exceed a height which is permitted after applying all the federal laws, rules and regulations that exceed the Town's authorities' legitimate purpose to protect the health, safety and/or aesthetics considerations of the community. Such accessory use shall only be permitted upon issuance of a special use permit as required by § 180-10C(1)(f). The Planning Board, upon granting such special use permit, shall, as a condition, require the removal of the antenna if same is not operated or utilized for a continuous period of 60 days.
[Added 6-16-2005 by L.L. No. 3-2005;
amended at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
D.
Required lot area. Lot area shall not be less than one acre and shall conform to the requirements as provided in Subsection F(4) of this section.
[Amended 1-6-2005 by L.L. No. 1-2005; 12-6-2007 by L.L. No. 6-2007; at time of adoption of Code (see Ch. 1, General Provisions, Art.
I)]
E.
Percentage of lot coverage. All buildings, including
accessory buildings, shall not cover more than 25% of the area of
the lot.
F.
Yard requirements. Each lot shall have front, side and rear yards, with depths and widths of not less than the following (except where § 180-29 is applicable):
[Amended 3-7-2002 by L.L. No. 2-2002]
(1)
Front yard depths: 60 feet, except that, if there
are buildings fronting on the same street within 300 feet of either
or both side lines of the lot or a preexisting structure within the
lot, the minimum front yard depth shall be equal to the average of
the setbacks of the nearest such buildings on each side or the average
of such setback and 60 feet if there is a building only on one side
or a preexisting structure only on one side within the lot, but not
less than 40 feet in any case. In the case of a corner lot, the front
yard of the property shall be facing the street which is closest to
a building and the street setback from each street making the corner
lot shall be 60 feet and the setback between the lot lines facing
the other two sides of a building shall be 15 feet from each lot line.
In the case where a lot or parcel is bordering on three or more streets,
then the front yard depth or setback (the front yard shall be determined
in the same manner as set forth herein regarding a corner lot) shall
be 60 feet and the setback between the lot lines facing the other
two sides set back from a street shall be 60 feet and the setback
between the lot lines not facing a street shall be 15 feet from said
lot line.
[Amended 2-3-2005 by L.L. No. 2-2005]
(2)
Each side yard width is to equal 15 feet minimum, except in the case of a corner lot, then Subsection F(1) shall apply.
(3)
Rear lot depth is to be 40 feet minimum, except in the case of a corner lot, then Subsection F(1) shall apply.
(4)
Lot geometry.
(a)
For lots from one acre to five acres, the relationship
between depth and width shall not exceed 2.5 to 1, with a minimum
width at the front setback line of 100 feet; however, in cases of
minimum deviation from the requirements set forth herein, the depth-to-width
ratio allowable and the minimum width at the front setback line shall
be determined by the Planning Board, at the Planning Board's discretion,
after considering drainage, topography, vegetation patterns, geological
formations, lot shape and dimension and taking into consideration
the harmonious development and the community in the interest of good
planning and the public health, safety and general welfare of the
neighborhood and the community.
[Amended 12-6-2007 by L.L. No. 6-2007; 3-4-2010 by L.L. No. 1-2010]
(b)
For lots from five acres to 10 acres, the relationship
between depth and width shall not exceed five to one, with a minimum
width at the front setback line of 100 feet; however, in cases of
minimal deviation from the requirements set forth herein, the depth-to-width
ratio allowable and the minimum width at the front setback line shall
be determined by the Planning Board, at the Planning Board's discretion,
after considering drainage, topography, vegetation patterns, geological
formations, lot shape and dimension and taking into consideration
the harmonious development of the community in the interest of good
planning and the public health, safety and general welfare of the
neighborhood and the community.
[Amended 12-6-2007 by L.L. No. 6-2007]
(c)
For lots of over 10 acres or irregularly shaped
(not symmetrical) lots over two acres, the depth-to-width ratio allowable
and the minimum width at the front setback line shall be determined
by the Planning Board, at the Planning Board's discretion, after considering
drainage, topography, vegetation patterns, geological formations,
lot shape and dimension and taking into consideration the harmonious
development of the community in the interest of good planning and
the public health, safety and general welfare of the neighborhood
and the community.
(d)
For flag lots or other irregularly shaped lots,
the Planning Board shall determine, at its sole discretion, the permissibility
of such lots after considering drainage, topography, vegetation patterns,
geological formations, lot shape and dimensions and, in exercising
its discretion, taking into consideration the proposed development
in such lots' impact upon the harmonious development of the community
in the interest of good planning and the public health, safety and
general welfare of the neighborhood and the community.
[Added 3-20-2003 by L.L. No. 1-2003]
[Added 1-6-2005 by L.L. No. 1-2005]
The following regulations shall apply in all
RR-1A Districts;
A.
Permitted principal uses are:
(1)
Single-family dwellings having a minimum of 2,000 square feet of living area, plus an attached or detached garage as set forth and meeting all applicable requirements of § 180-35. A single-family dwelling may contain two living areas including two kitchens, two or more bedrooms and bathrooms, such as, for example, to provide living space for out-of-town guests or extended family, provided that:
[Amended 10-20-2022 by L.L. No. 4-2022]
(a)
The living areas within the dwelling are part
of the single-family dwelling;
(b)
The living areas within the dwelling shall have
access to each other;
(c)
The dwelling must have only one main entrance;
however, there may be an additional entrance to the second living
area; and
(d)
The dwelling has one street and one mailing
address.
(2)
Customary agricultural operations on a farm
as defined herein, provided no storage of manure, bedding such as
straw, hay, shavings or other odor-producing substance is permitted
within 100 feet of any property line. Barns and other structures housing
farm animals and fowl shall be located at least 100 feet from all
property lines. Customary agricultural operations shall also include
cutting, splitting and sale of firewood, provided it is part of an
active farm operation.
[Amended 10-20-2022 by L.L. No. 4-2022]
(3)
Short-term rentals, subject to obtaining a short-term rental license.
[Added 3-2-2023 by L.L. No. 4-2023]
B.
Permitted accessory uses located on the same lot with the permitted principal use (A use is not an accessory use if the principal use is not in place at the time of the creation of the attempted accessory use, except as set forth in Subdivision E of § 180-21.) are:
(2)
Private swimming pools.
(3)
Other customary accessory uses and buildings, except satellite receiver antennas, ham radio antennas and windmills; however, satellite dishes, whose right of regulation as to use is superseded by federal laws, rules and/or regulations, are a permitted use and except for accessory buildings, which may be prohibited under § 180-21.
(4)
Private garages.
(6)
Keeping of chickens (but no roosters) on property that is not an
actively operated farm is allowed, so long as they are sheltered.
However, no storage of manure, straw, hay, shavings or other odor-producing
substance is permitted within 30 feet of any property line. Barns,
chicken coops and other structures housing chickens shall be allowed
within up to 30 feet from all property lines, and fenced chicken runs/pens
(with no odor-producing substances, including manure, straw, hay,
shavings, etc.) shall be allowed within up to 30 feet of the property
lines. No slaughtering of chickens shall be permitted on premises.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
C.
Uses permitted upon issuance of a special use permit;
upon registering with the Town.
(1)
(a)
Golf courses and country clubs occupying an
area of not less than 40 acres.
(b)
Cemeteries.
(c)
Churches and similar places of worship, including
parish houses and religious education buildings.
(d)
Veterinary office/clinic for farm animals on
parcels or lots of 10 acres or more.
(e)
Satellite receiver antennas (use and regulation
of such antennas which is not superseded by federal laws, rules and
regulations) and windmills, provided that, if they are mounted on
the ground, their overall height does not exceed their distance from
the property line and said windmill is not in excess of 35 feet in
height, and further provided that if said antenna is mounted on a
rooftop, its height shall not exceed a height where guide wires or
mechanical bracing devices are required. The Planning Board, upon
granting such special use permit, shall, as a condition, require the
removal of the windmill if same is not operated or utilized for a
continuous period of 60 days.
[Amended 6-16-2005 by L.L. No. 3-2005]
(g)
Broadcast radio antennas not intended for commercial
use (including ham radios) as an accessory use, provided their height
shall not exceed a height which shall be permitted after applying
all the federal laws, rules and regulations that exceed the Town's
authorities' legitimate purpose to protect the health, safety and/or
aesthetics considerations of the community. Such accessory use shall
only be permitted upon issuance of a special use permit as required
by § 180-10AC(1)(f). The Planning Board, upon granting such
special use permit, shall, as a condition, require the removal of
the antenna if same is not operated or utilized for a continuous period
of 60 days.
[Added 6-16-2005 by L.L. No. 3-2005;
amended at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
D.
Required lot area. Lot area shall not be less than one acre and shall conform to the requirements as provided in Subsection F(4) of this section.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
E.
Percentage of lot coverage. All buildings, including
accessory buildings, shall not cover more than 25% of the area of
the lot.
F.
Yard requirements. Each lot shall have front, side and rear yards, with depths and widths of not less than the following (except where § 180-29 is applicable);
(1)
Front yard depths: 60 feet, except that, if
there are buildings fronting on the same street within 300 feet of
either or both side lines of the lot, the minimum front yard depth
shall be equal to the average of the setbacks of the nearest such
buildings on each side or the average of such setback and 60 feet
if there is a building only on one side, but not less than 40 feet
in any case. In the case of a corner lot, the front yard of the property
shall be facing the street which is closest to a building and the
street setback from each street making the corner lot shall be 60
feet and the setback between the lot lines facing the other two sides
of a building shall be 15 feet from each lot line. In the case where
a lot or parcel is bordering on three or more streets, then the front
yard depth or setback (the front yard shall be determined in the same
manner as set forth herein regarding a corner lot) shall be 60 feet
and the setback between the lot lines facing the other two sides set
back from a street shall be 60 feet and the setback between the lot
lines not facing a street shall be 15 feet from said lot line.
(2)
Each side yard width is to equal 15 feet minimum, except in the ease of a corner lot, then Subsection F(1) shall apply.
(3)
Rear lot depth is to be 40 feet minimum, except in the case of a corner lot. then Subsection F(1) shall apply.
(4)
Lot geometry.
(a)
For lots from two acres to five acres, the relationship
between depth and width shall not exceed 2.5 to 1, with a minimum
width at the front setback line of 250 feet; however, in cases of
minimum deviation from the requirements set forth herein, the depth-to-width
ratio allowable and the minimum width at the front setback line shall
be determined by the Planning Board, at the Planning Board's discretion,
after considering drainage, topography, vegetation patterns, geological
formations, lot shape and dimension and taking into consideration
the harmonious development of the community in the interest of good
planning and the public health, safety and general welfare of the
neighborhood and the community.
(b)
For lots from five acres to 10 acres, the relationship
between depth and width shall not exceed five to one, with a minimum
width at the front setback line of 200 feet; however, in cases of
minimal deviation from the requirements set forth herein, the depth-to-width
ratio allowable and the minimum width at the front setback line shall
be determined by the Planning Board, at the Planning Board's discretion,
after considering drainage, topography, vegetation patterns, geological
formations, lot shape and dimension and taking into consideration
the harmonious development of the community in the interest of good
planning and the public health, safety and general welfare of the
neighborhood and the community.
(c)
For lots of over 10 acres or irregularly shaped
(not symmetrical) lots over two acres, the depth-to-width ratio allowable
and the minimum width at the front setback line shall be determined
by the Planning Board, at the Planning Board's discretion, after considering
drainage, topography, vegetation patterns, geological formations,
lot shape and dimension and taking into consideration the harmonious
development of the community in the interest of good planning and
the public health, safety and general welfare of the neighborhood
and the community.
(d)
For flag lots or other irregularly shaped lots,
the Planning Board shall determine, at its sole discretion, the permissibility
of such lots after considering drainage, topography, vegetation patterns,
geological formations, lot shape and dimensions and, in exercising
its discretion, taking into consideration the proposed development
in such lots' impact upon the harmonious development of the community
in the interest of good planning and the public health, safety and
general welfare of the neighborhood and the community.
[1]
Editor's Note: Former § 180-11, RR-2 Districts:
Single-Family Residential, was repealed 12-6-2007 by L.L. No. 6-2007
and 3-4-2010 by L.L. No. 1-2010.
The following regulations shall apply in all
R Districts:
A.
Permitted principal uses are:
(1)
Single-family dwellings in compliance with § 180-35. A single-family dwelling may contain two living areas including two kitchens, two or more bedrooms and bathrooms such as, for example, to provide living space for out-of-town guests or extended family, provided that:
[Amended 4-5-2001 by L.L. No. 2-2001; 10-20-2022 by L.L. No. 4-2022]
(a)
The living areas within the dwelling are part
of the single-family dwelling.
(b)
The living areas within the dwelling shall have
access to each other.
(c)
The dwelling must have only one main entrance,
however there may be an additional entrance to the second living area.
(d)
The dwelling has one street and one mailing
address.
(2)
Customary agricultural operations on a farm as defined
herein, provided no storage of manure, bedding such as straw, hay,
shavings or other odor-producing substance is permitted within 100
feet of any property line. Barns and other structures housing farm
animals and fowl shall be located at least 100 feet from all property
lines. Customary agricultural operations shall also include cutting,
splitting and sale of firewood, provided it is part of an active farm
operation.
[Amended 12-18-2003 by L.L. No. 6-2003; 10-20-2022 by L.L. No. 4-2022]
(3)
Public elementary and high schools, public parks and
playgrounds.
(4)
Short-term
rentals, subject to obtaining a short-term rental license.
[Added 3-2-2023 by L.L. No. 4-2023]
B.
Permitted accessory uses located on the same lot with the permitted principal use (A use is not an accessory use if the principal use is not in place at the time of the creation of the attempted accessory use, except as set forth in Subsection E of § 180-21.) are:
[Amended 3-7-2002 by L.L. No. 2-2002; 12-18-2003 by L.L. No.
6-2003]
(2)
Private swimming pools.
(3)
Satellite receiver antennas (use and regulation of
such antennas which is not superseded by federal laws, rules and regulations)
and windmills, provided that, if they are mounted on the ground, their
overall height does not exceed their distance from the property line
and said windmill is not in excess of 35 feet in height, and further
provided that if said antenna is mounted on a rooftop, its height
shall not exceed a height where guide wires or mechanical bracing
devices are required. The Planning Board, upon granting such special
use permit, shall, as a condition, require the removal of the windmill
if same is not operated or utilized for a continuous period of 60
days.
[Amended 6-16-2005 by L.L. No. 3-2005]
(4)
Private garages.
(6)
Keeping
of chickens (but no roosters) on property that is not an actively
operated farm is allowed, so long as they are sheltered. However,
no storage of manure, straw, hay, shavings or other odor-producing
substance is permitted within 30 feet of any property line. Barns,
chicken coops and other structures housing chickens shall be allowed
within up to 30 feet from all property lines, and fenced chicken runs/pens
(with no odor-producing substances, including manure, straw, hay,
shavings, etc.) shall be allowed within up to 30 feet of the property
lines. No slaughtering of chickens shall be permitted on premises.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
C.
Uses permitted upon issuance of a special use permit;
upon registering with the Town.
(1)
(a)
Golf courses and country clubs occupying an
area of not less than 40 acres.
[1]
"Golf course and country club" is defined to
mean any privately, semi-privately or publicly owned golf course consisting
of at least nine golf holes of conventional design and distance (excepting
miniature golf) and may include the following facilities as also permitted
with the principal use:
[a]
Clubhouse, including kitchens,
dining areas, game rooms, bar, grill, locker rooms and baths. In cases
where a clubhouse is approved with dining facilities, said facilities
may be utilized on a year-round basis.
[b]
Swimming pools.
[c]
Parking areas.
[d]
Tennis or paddle ball courts.
[e]
Designated area dedicated to outdoor
events, such as awards, ceremonies, banquets, weddings, musical functions,
etc. Said area may be open-air or tented.
(b)
Private elementary and high schools, institutions
of higher education, public libraries and municipal buildings.
(c)
Cemeteries.
(d)
Boarding of horses for hire, remuneration or sale not connected with a home occupation or business requiring a home occupation permit within definition of home occupation, major-category B, as defined in § 180-43.1, animal or veterinarian clinics and riding academies, any of which must be on a site of at least five acres.
(f)
Broadcast radio antennas not intended for commercial use (including ham radios) as an accessory use, provided their height shall not exceed a height which shall be permitted after applying all the federal laws, rules and regulations, that exceed the Town authorities' legitimate purpose to protect the health, safety and/or aesthetics considerations of the community. Such accessory use shall only be permitted upon issuance of a special use permit as required by § 180-10C(1)(f). The Planning Board, upon granting such special use permit, shall, as a condition, require the removal of the antenna if same is not operated or utilized for a continuous period of 60 days.
[Added 6-16-2005 by L.L. No. 3-2005;
amended at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]]
D.
Building height limit. For each foot the height of
a structure exceeds 36 feet, the total width of the two side yards
shall be increased by five feet and the depth of the front yard by
two feet.
E.
Required lot area. Lot area shall be not less than
1/2 acre and the lot width shall be not less than 100 feet at the
building setback line.
F.
Percentage of lot coverage. All buildings, including
accessory buildings, shall not cover more than 25% of the area of
the lot.
G.
Yard requirements. Each lot shall have front, side and rear yards with depths and widths of not less than the following (except where § 180-29 shall be applicable):
[Amended 3-4-2010 by L.L.
No. 1-2010]
(1)
Front yard depths: 60 feet, except that, if there
are buildings fronting on the same street within 300 feet of either
or both side lines of the lot or a preexisting structure within the
lot, the minimum front yard depth shall be equal to the average of
the setbacks of the nearest such building on each side or the average
of such setback and 60 feet if there is a building only on one side
or a preexisting structure only on one side within the lot, but not
less than 40 feet in any ease. In the case of a corner lot, the front
yard of the property shall be facing the street which is closest to
a building and the street setback from each street making the corner
lot shall be 60 feet and the setback between the lot lines facing
the other two sides of a building shall be 15 feet from each lot line
In the ease where a lot or parcel is bordering on three or more streets,
then the front yard depth or setback shall be 60 feet and the setback
between the lot lines facing the other three sides of a building shall
be 15 feet from each lot line. Front yard depths or setbacks as described
in this subsection shall be measured from the edge of the right-of-way.
[Amended 3-7-2002 by L.L. No. 2-2002; 2-3-2005 by L.L. No.
2-2005]
(2)
Each side yard width is to equal 15 feet minimum, except in the case of a corner lot, then Subsection G(1) shall apply.
(3)
Rear lot depth is to be 40 feet minimum, except in the case of a corner lot, then Subsection G(1) shall apply.
(4)
Lot geometry.
(a)
For lots from one acre to five acres, the relationship
between depth and width shall not exceed 2.5 to 1, with a minimum
width at the front setback line of 100 feet; however, in cases of
minimal deviation from the requirements set forth herein, the depth-to-width
ratio allowable and the minimum width at the front setback line shall
be determined by the Planning Board, at the Planning Board's discretion,
after considering drainage, topography, vegetation patterns, geological
formations, lot shape and dimension and taking into consideration
the harmonious development of the community in the interest of good
planning and the public health, safety and general welfare of the
neighborhood and the community.
(b)
For lots from five acres to 10 acres, the relationship
between depth and width shall not exceed five to one with a minimum
width at the front setback line of 100 feet; however, in cases of
minimal deviation from the requirements set forth herein, the depth-to-width
ratio allowable and the minimum width at the front setback line shall
be determined by the Planning Board, at the Planning Board's discretion,
after considering drainage, topography, vegetation patterns, geological
formations, lot shape and dimension and taking into consideration
the harmonious development of the community in the interest of good
planning and the public health, safety and general welfare of the
neighborhood and the community.
(c)
For lots of more than 10 acres or irregularly
shaped (not symmetrical) lots over one acre, the depth-to-width ratio
allowable shall be determined by the Planning Board, at the Planning
Board's discretion, after considering drainage, topography, vegetation
patterns, geological formations, lot shape and dimension and taking
into consideration the harmonious development of the community in
the interest of good planning and the public health, safety and general
welfare of the neighborhood and the community.
(d)
For flag lots or other irregularly shaped lots,
the Planning Board shall determine, at its sole discretion, the permissibility
of such lots after considering drainage, topography, vegetation patterns,
geological formations, lot shape and dimensions and, in exercising
its discretion, taking into consideration the proposed development
in such lots' impact upon the harmonious development of the community
in the interest of good planning and the public health, safety and
general welfare of the neighborhood and the community.
[Added 3-20-2003 by L.L. No. 1-2003]
A.
Purpose. The purpose of establishing this district
is to provide suitable areas or centers for multifamily residential
dwellings and suitable areas and centers for convenient shopping and
service-oriented uses that are accessible to neighborhoods and in
certain instances, can be used as a transition area between residential
uses and commercial uses.
B.
Permitted principal uses. The following principal
uses are permitted in a Hamlet District:
(1)
All uses permitted in any residential districts, subject
to all provisions specified for such residential districts.
(2)
Two-family dwellings.
(3)
Insurance offices of independent or general agents.
(4)
Medical and dental offices.
(5)
Attorneys' offices.
(6)
Offices for licensed professionals, such as architects,
designers, engineers, etc.
(7)
Barber shops and beauty shops.
(8)
Florist shops.
(9)
Dog groomer stores.
C.
Permitted accessory uses located on the same lot with
the permitted principal use are: all permitted accessory uses in RR-1
and R Districts.
[Amended 3-4-2010 by L.L.
No. 1-2010]
D.
(1)
Branch banks.
(2)
Commercial schools.
(3)
Supermarkets and convenience food stores.
[Amended 3-4-2010 by L.L.
No. 1-2010]
(4)
Laundromat or dry-cleaning establishments.
(5)
Bakeries.
(6)
Drugstores or pharmacies.
(7)
Hardware stores, garden supply stores and paint and
wallpaper stores.
(8)
Liquor stores.
(9)
Craft shops.
(10)
Sit-down and take-out restaurants.
(11)
Day-care centers.
(12)
Multifamily dwellings.
(13)
Hospital, sanitariums, rest homes, nursing homes,
old-age or senior citizen housing and similar uses, provided that
no such use shall be established or permitted on a parcel of land
less than two acres in area.
(14)
[1]
Editor's Note: This local law also renumbered former § 180-13D(14) as § 180-13D(15).
(15)
Other uses not specifically listed above but deemed by the Planning
Board to be similar in nature and compatible with the purpose and
intention of a Hamlet District. Such determination shall then be forwarded
with the Planning Board recommendation to the Town Board for consideration
and final decision.
[Added 3-4-2010 by L.L.
No. 1-2010]
E.
Any home occupation, minor use permitted as an accessory use as set forth and in compliance with § 180-43.1.
F.
Hours of operation. No business establishment in a
Hamlet District shall be open to the public except during the hours
of 4:00 a.m. to 12:00 midnight.
[Amended 3-4-2010 by L.L.
No. 1-2010]
G.
Uses permitted upon registering with the Town, pertaining to home occupation, minor, and uses permitted upon issuance of a home occupation permit pertaining to home occupation, major-category A, and home occupation, major-category B, as defined, permitted and provided in § 180-43.1.
H.
Building height limit. The height of a building may
not exceed the parameters established by the Building Code of New
York State and/or the Residential Code of New York State.
[Amended 3-4-2010 by L.L.
No. 1-2010]
I.
Required lot area.
(1)
Each one-family dwelling shall be located on a lot with a lot area not less than 1/4 acre and a lot width not less than 70 feet at the setback building line when sanitary sewers and public water are available to service the lot. However, in the event that sanitary sewers and public water are not available to service the lot, then the lot area shall not be less than 1/2 acre and the lot width shall not be less than 100 feet at the building line, and, in instances where the lot area is one acre or more, the minimum lot width at the building setback line shall be as set forth in § 180-10F(4)(a), (b), (c) or (d).
[Amended 3-4-2010 by L.L.
No. 1-2010]
(2)
Multiple-family dwellings shall be located on lots
containing at least 15,000 square feet per dwelling unit and with
a width of not less than 150 feet at the building line; however, if
public water, storm and sanitary sewers are provided, the minimum
lot size shall be not less than 4,000 square feet per dwelling unit.
[Amended 3-20-2003 by L.L. No. 1-2003]
(3)
Multiple-family dwellings shall be located on lots
containing at least 15,000 square feet per dwelling unit and with
a width of not less than 50 feet at the building line; however, if
public water, storm and sanitary sewers are provided, the minimum
lot size shall be no less than 4,000 square feet per dwelling unit.
(4)
Commercial buildings shall require no minimum lot
area or width except that if any structure is used wholly or partially
for dwelling purposes, other than by one person acting as a janitor
or caretaker, the lot shall have the same area and width required
in Subsection H(1), (2) and (3) as set forth in this section.
J.
Percentage of lot coverage. All residential buildings,
including accessory buildings, shall not cover more than 30% of the
area of the lot and all commercial buildings, parking areas and paved
areas shall not cover more than 75% of the area of the lot. If the
building or buildings are both residential and commercial, then the
buildings, parking areas and paved areas shall not cover more than
75% of the area of the lot. In the event that storm sewers shall service
the property, then in that event the Planning Board shall have a right
to waive the maximum percentage of lot coverage of commercial buildings,
parking areas and paved areas as set forth above if the Planning Board
finds that the storm sewers provide adequate drainage and said percentage
of lot coverage pertaining to commercial buildings, parking areas
and paved areas is compatible with the surrounding neighborhood.
K.
Yards required. Each lot shall have the front, side
and rear yards with depths and widths of not less than the following:
(1)
Front yard depths: 50 feet, except that, if there
are buildings fronting on the same street within 300 feet of either
or both side lines of the lot or a preexisting structure within the
lot, the minimum front yard depth shall be equal to the average of
the setbacks of the nearest such building on each side or the average
of such setback and 50 feet if there is a building only on one side
or a preexisting structure only on one side within the lot, but not
less than 20 feet in any case. In the case of a corner lot, the front
yard of the property shall be facing the street which is closest to
a building and the street setback from each street making the corner
lot shall be 50 feet and the setback between the lot lines facing
the other two sides of a building shall be 20 feet from each lot line.
In the case where a lot or parcel is bordering on three or more streets,
then the front yard depth or setback shall be 50 feet and the setback
between the lot lines facing the other three sides of a building shall
be 15 feet from each lot line. Front yard depths or setbacks as described
in this subsection shall be measured from the edge of the right-of-way.
[Amended 3-7-2002 by L.L. No. 2-2002; 2-3-2005 by L.L. No.
2-2005]
(2)
Each side yard width is to equal eight feet, but the sum of two yards shall not be less than 16 feet, except in the case of a corner lot, then Subsection K(1) shall apply; however, no side yard shall be required if the structure is not used for any dwelling purposes other than by one person acting as a janitor or caretaker, meets the minimum standard as set forth in New York State Building Codes, as amended, and is less than 50 feet in height. In any case, if the lot has a side yard adjoining a residential district, such side yard shall have a width not less than the minimum side yard width required in the residential district.
[Amended 2-3-2005 by L.L. No. 2-2005]
L.
Required court dimensions.
(1)
Outercourts. The width of any outer court upon which
windows from a living room, bedroom or dining room open shall be not
less than the height of any opposing wall forming said court. The
depth of an outer court formed by walls on three sides shall be not
greater than 1 1/2 times the width. The width of any outer court
shall be not less than 2/3 the height of the opposing wall forming
said court and the depth shall not be greater than 1 1/2 times
the width.
(2)
Inner courts. The least dimension of any inner court
shall be not less than the full height of the walls enclosing such
court, not less than 50 feet. An open and unobstructed passage way
shall be provided at the grade level of each inner court. Such passageway
shall have a cross-section area and sufficient head room to permit
the passage of fire-fighting equipment and shall be continuous from
the inner court to a yard or an unobstructed open area between buildings.
M.
Distance between buildings on the same plot. No principal
buildings shall be closer to any other principal building than the
average of the heights of said buildings.
[Added 3-4-2010 by L.L.
No. 1-2010[1]]
A.
Purpose. The purpose of this district is to provide suitable areas for general and commercial goods and services necessary to serve a number of neighborhoods and to do so in an orderly fashion that maintains viability of residential areas and neighborhood commercial centers and, further, to allow office park and research and development and high-density residential uses of property to better service the community. Where a public sewer is not available, under the provisions of § 139-18, the building lateral shall be connected to a private wastewater disposal system complying with the provision of the rules and regulations of the New York State Department of Health, to be enforced by the appropriate Town Official and/or New York State Department of Health. The areas zoned B shall also be served by adequate drainage control and/or storm sewers and public water.
[Amended 6-21-2012 by L.L. No. 5-2012]
B.
Permitted uses. The following uses and their accessory uses are permitted
in a B District:
(1)
All uses permitted in any Hamlet District, including accessory uses,
subject to the provisions for such Hamlet District, including special
use permits where required.
(2)
Retail outlets, department stores, strip shopping malls, banks, drive-in
bank facilities, mortuaries or funeral homes, theaters, bowling alleys,
miniature golf courses, driving ranges, batting cages or other associated
uses deemed appropriate by the Planning Board. Such determination
shall be forwarded by the Planning Board to the Town Board for consideration
and final decision.
(3)
High-density residential uses, including facilities for senior citizens.
(4)
Offices, including medical, dental, physical therapy, counseling
and other related practices providing professional care.
(5)
Uses accessory to the above which are an integral part of and used
solely for the permitted use and deemed appropriate by the Planning
Board.
(6)
Short-term
rentals, subject to obtaining a short-term rental license.
[Added 3-2-2023 by L.L. No. 4-2023]
C.
Special use permits.
(1)
At any time when the specific use originally permitted within this
district is to be changed so that it involves a separate, different
and distinct use, process or product, application must be made to
the Planning Board for a special use permit, at which time the Planning
Board may require that any and all phases of the operation which have
become or are liable to become detrimental to the neighborhood be
corrected prior to the Planning Board issuing the special use permit.
It is the intent of this provision that in the event a special use
originally permitted within the district is to be changed to a use
that does not require a special use permit as provided in this chapter,
then, in that event, no application shall be required to be made to
the Planning Board; however, before such use can be changed, notice
must be given to the Planning Board setting forth the date when the
use will be changed.
(2)
Conditional uses (requiring special use permit procedures as contained in §§ 180-53 and 180-54) are:
(a)
Bars, taverns, restaurants or other eating establishments.
(b)
Auto sales, new and used, and recreational vehicle sales.
(c)
Auto repair shops, auto accessories and parts.
(d)
Gasoline service stations, vehicle washes, rental of trucks,
trailers or other associated uses deemed appropriate by the Planning
Board.
(e)
Motels, hotels, bus stations, rental car agencies or other associated
uses deemed appropriate by the Planning Board.
(f)
Mini storage facilities, machine shops, light manufacturing,
assembling, fabrication or packaging of products from previously prepared
materials, such as cloth, plastic, paper, leather or precious or semiprecious
metals or stones, excluding maintenance, repair or outdoor storage
facilities.
(g)
Scientific research or experimental development of materials,
methods or products, including engineering and laboratory research.
(h)
Manufacture of electric, electronic or optical instruments or
devices.
(i)
Administrative, educational, regional or district offices of
various types of companies and other office-related activities in
conjunction with a permitted use.
(j)
Public buildings and grounds, public utility substations and
uses, excluding power plants, maintenance, repair or outdoor storage
facilities.
(k)
Banks and drive-in banking facilities.
(l)
Mortuaries or funeral homes.
(m)
[2]
Editor's Note: This local law also redesignated former § 180-14C(2)(m) and (n) as § 180-14C(2)(n) and (o), respectively.
(n)
Uses accessory to the above which are an integral part of and
used solely by the permitted use and deemed appropriate by the Planning
Board. Such determination shall be forwarded by the Planning Board
to the Town Board for consideration and final decision.
D.
In B Districts, the following uses are specifically prohibited:
(1)
The production from raw materials of chemicals, explosives, fertilizer,
paint products, rubber, soaps, starch, by-products of coal, coke and
petroleum and natural gas.
(2)
The milling or processing of flour, feed or grain, the reduction,
refining, smelting and alloying of metal or metal ores, the distillation
of wood or bones or the reduction and processing of wood pulp and
fiber.
(3)
Junkyards.
(4)
The operation of stockyards, slaughterhouses and rendering plants
and food processing.
(5)
Mining and quarrying operations.
(6)
Depots for bulk storage of fuel.
(7)
Storage of hazardous substances.
(8)
Sawmill operations, cutting, splitting and sale of firewood.
E.
Minimum dimensional requirements.
(1)
Lot area. The minimum lot area shall be one acre.
(2)
Building height limit. The height of a building may not exceed the
parameters established by the Building Code of New York State and/or
the Residential Code of New York State.
(3)
Lot coverage. All residential and/or commercial buildings, including
accessory buildings, shall not cover more than 30% of the area of
the lot. All residential and/or commercial buildings, including accessory
buildings, parking areas and paved areas, shall not cover more than
75% of the area of the lot. In the event that storm sewers shall service
the property, the Planning Board shall have a right to waive the maximum
percentage of lot coverage of all residential and/or commercial buildings,
including accessory buildings, parking areas and paved areas, as set
forth above if the Planning Board finds that the storm sewers provide
adequate drainage, and said percentage of lot coverage pertaining
to all residential and/or commercial buildings, including accessory
buildings, parking areas and paved areas, is compatible with the surrounding
neighborhood.
(4)
Setback requirements. All setbacks shall comply with the buffering requirements of this chapter. No structure within the B District shall be located closer than 100 feet to the highway right-of-way, 25 feet to a side property line or 50 feet to the rear property line (except where § 180-29 is applicable and more restrictive).
(5)
Landscaping.
(a)
All required yards and all areas of the lot not covered by buildings
or surfaced as parking or service areas shall be suitably landscaped.
Where lot lines coincide with residential districts or use boundaries,
appropriate buffering shall be installed and/or planted as determined
by the Planning Board to provide a visual screening buffer between
the adjoining properties.
(b)
All landscaping shall be properly maintained throughout the
life of any use on any lot.
(c)
Existing walls, trees or landscaping within 100 feet of any
street or residential district or use boundary shall not be removed
except with the approval of the Planning Board.
[1]
Editor's Note: This local law also repealed former § 180-14, B-1 Districts: General Business, as amended. The title of this section was amended to read "B Districts: General Business/Professional Office/Office Research Park/High Density Residential," at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[1]
Editor's Note: Former § 180-15, B-2 Districts: General
Business/Professional Office/Office Research/Park/High-Density Residential,
as amended, was repealed 3-4-2010 by L.L. No. 1-2010.
A.
Purpose. The purpose of this district is to provide
for the establishment of the so-called heavy industries, essential
to the development of a well-balanced industrial environment, in a
manner which will not be detrimental to the adjacent development or
general community health, safety or welfare.
B.
Permitted uses are:
(1)
All industrial uses, including sawmill operations, cutting, splitting and sale of firewood, not otherwise prohibited by law and which are not listed as prohibited uses within this district and do not constitute a nuisance as determined by Subsection E of this section.
[Amended 3-4-2010 by L.L.
No. 1-2010]
C.
At any time when the specific use originally permitted
within this district is to be changed so that it involves a separate,
different and distinct use, process or product, application must be
made to the Planning Board for a special use permit, at which time
the Board may require that any and all phases of the operation which
have become or are liable to become detrimental to the neighborhood
be corrected prior to the Planning Board issuing the special use permit.
It is the intent of this provision that in the event that a special
use permit originally permitted within the district is to be changed
to a use that does not require a special use permit as provided in
this chapter, then in that event, no application shall be required
to be made to the Planning Board for a special use permit; however,
before such use can be changed, notice must be given to the Planning
Board setting forth the date when the use will change.
D.
The following uses are specifically prohibited in
this district:
(1)
The production from raw materials of chemicals, explosives,
fertilizer, paint products, rubber, soaps, starch, by-products of
coal, coke and petroleum and natural gas.
(2)
The milling or processing of flour, feed or grain,
the reduction, refining, smelting and alloying of metal or metal ores,
the distillation of wood or bones or the reduction and processing
of wood pulp and fiber.
(3)
The operation of stockyards, slaughterhouses and rendering
plants and food processing.
(4)
Depots for bulk storage of fuel.
(5)
Storage of hazardous substances.
(6)
Residential uses.
(7)
B District uses.
[Amended 3-4-2010 by L.L.
No. 1-2010]
E.
Industrial performance standards.
(1)
Noise. It shall constitute a nuisance for any person,
firm or corporation to permit the emission of measurable noises as
measured at the individual property lines to exceed 70 decibels, except
that, if the sound level exceeds these established levels for a period
not to exceed six minutes in any 60 minutes and then does not exceed
these established levels by more than 10%, a nuisance shall not be
deemed to exist.
(2)
Smoke. It shall constitute a nuisance for any person,
firm or corporation to permit the emission of smoke from any source
whatever of a density equal to or greater than that density described
as No. 2 on the Ringlemann Chart, as published by the United States
Bureau of Mines, except that if the density of smoke exceeds that
described as No. 2 on the Ringlemann Chart for a period of no longer
than four minutes in any single period of 60 minutes, a nuisance shall
not deemed to exist.
(3)
Odor. It shall constitute a nuisance for any person,
firm or corporation to permit the emission of any odor that, as measured
at the individual property line, offensively affects the sense of
smell.
(4)
Particulate matter. The rate of emission of particulate
matter from all manufacturing processes within the boundaries of any
lot shall not exceed a net figure of two pounds per hour per acre,
of which no more than 10% by weight of particles larger than 44 microns
(325-mesh) shall be allowed.
(5)
Noxious gases. It shall constitute a nuisance for
any person, firm or corporation to permit or cause the escape of such
quantities of noxious acids, fumes or gases in such a manner and concentration
as to endanger the health, comfort and safety of any person or cause
or have a tendency to cause injury or damage to property, business
or vegetation.
(6)
Glare. It shall constitute a nuisance for any person,
firm or corporation to permit the edge of the beam of any artificial
light source to cross the boundary line of the lot on which this light
source is situated. For this problem the "edge of the beam" is defined
as the surface at which this intensity of light does not exceed 10%
of the luminescence of the center of the beam.
F.
Building height limit. No structure shall be higher
than any place inclining upward from the lot lines at a slope of one
foot vertically for each foot horizontally.
G.
Required lot area. No building or use shall be erected
or maintained on a lot having an area of less than two acres.
H.
Yards required (except where § 180-29 is applicable and more restrictive).
[Amended 3-7-2002 by L.L. No. 2-2002; 12-18-2003 by L.L. No.
6-2003]
(1)
Each lot shall have a front yard of not less than
75 feet in depth from the edge of the right-of-way.
(2)
There shall be a side yard along each side lot line
of every lot in an I District not less than 25 feet in width; provided,
however, that any lot bordering a residential district shall have
a side yard width of not less than 100 feet, and a forty-foot strip
adjoining such residential district shall be maintained as a landscape
buffer area.
(3)
There shall be a rear yard on every lot in an I District
of not less than 40 feet in depth; provided, however, that any lot
bordering a residential district shall have a rear yard of not less
than 100 feet and a forty-foot strip adjoining such residential district
shall be maintained as a landscape buffer area.
I.
Junkyard and automobile graveyards, wrecking yards and disassembly plants, including the storage, sorting or bailing of scrap paper or rags, and automobile wrecking yards legally existing prior to enactment of this chapter shall be subject to the requirements of Chapter 99, Junkyards and Junk Dealers, and allowed only by a special use permit, subject to the requirements of §§ 180-53 and 180-54 and the requirements enumerated below. No new junkyards, automobile graveyards, wrecking yards and/or disassembly plants shall be permitted. Such existing legal junkyards, automobile graveyards, wrecking yards and/or disassembly plants shall not be permitted to expand beyond the area specified in their permit or the property boundaries, whichever is smaller.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(1)
Application for special use permit. Application for
a special use permit shall be verified and submitted in triplicate
to the Planning Board, together with the required fee as herewith
provided and a complete set of plans for the proposed operation, and
which shall show:
(2)
A hearing on the application shall be held by the
Planning Board in accordance with § 274-b of the Town Law.
(3)
The Planning Board shall take into account the suitability
of the applicant with reference to his or her ability to comply with
the fencing requirements or other reasonable regulations concerning
the proposed use, to any record of convictions for any type of larceny
or receiving of stolen goods and to any other matter within the purposes
of this subsection.
The following regulations shall apply in all
Planned Development Districts which may be created to enable the unified
development of a substantial land area with such combination of structures
and uses as shall be appropriate to an integrated plan for the area:
A.
Intent.
(1)
It is in the intent of this planned development (PUD)
section to provide flexible land use and design regulations through
the use of performance criteria so that large-scale neighborhoods
may be developed within the Town that incorporate a variety of residential
types and nonresidential uses and contain both individual building
sites and common property which are planned and developed as a unit.
Such a planned unit is to be designed and organized as to be capable
of satisfactory use and operation as a separate entity without necessarily
needing the participation of other building sites or other common
property in order to function as a neighborhood. This section specifically
encourages innovations in residential development so that the growing
demands for housing at all economic levels may be met by greater variety
in type, design and siting of dwellings and by the conservation and
more efficient use of land in such developments.
(2)
This section recognizes that while the standard zoning
function (use and bulk) and the subdivision function (plotting and
design) are appropriate for the regulation of land use in areas of
neighborhoods that are already substantially developed, these controls
represent a type of preregulation, regulatory rigidity and uniformity
which may be harmful to the techniques of land development contained
in the planned development concept. Further, this section recognizes
that a rigid set of space requirements along with bulk and use specifications
would frustrate the application of this concept. Thus, where PD techniques
are deemed appropriate through the rezoning of land to a Planned Development
District by the Town Board, the set of use and dimensional specifications
elsewhere in this chapter are herein replaced by an approval process
in which an approved plan becomes the basis for continuing land controls.
B.
Objectives. In order to carry out the intent of this
section, a PD shall achieve the following objectives:
(1)
A maximum choice in the types of environment, occupancy
tenure (e.g., cooperatives, individual ownership, condominium, leasing),
types of housing, lot sizes and community facilities available to
existing and potential Town residents at all economic levels.
(2)
More usable open space and recreation areas.
(3)
More convenience in location of accessory commercial
and service areas.
(4)
The preservation of trees, outstanding natural topography
and geologic features and prevention of soil erosion.
(5)
A creative use of land and related physical development
which allows an orderly transition of land from rural to urban uses.
(6)
An efficient use of land resulting in smaller networks
of utilities and streets and thereby lower housing costs.
(7)
A development pattern in harmony with the objectives
of the Town.
(8)
A more desirable environment than would be possible
through the strict application of other sections of this chapter.
C.
General requirements.
(1)
Minimum area. Under normal circumstances, the minimum
area requirements to qualify for a Planned Development District shall
be contiguous acres of land containing acreage as determined by the
Planning Board to be appropriate to an integrated plan for the area.
Where the applicant can demonstrate that the characteristics of his
or her holdings will meet the objectives of this section, the Planning
Board may consider for review projects with less acreage.
(2)
Ownership. The tract of land for a project may be
owned, leased or controlled by a single person, a corporation or by
a group of individuals or corporations. An application must be filed
by the owner or jointly by owners of all property included in a project.
In the case of multiple ownership, the approved plan shall be binding
on all owners.
(3)
Location of PD District. The PD District shall be
applicable to any area of the Town where the applicant can demonstrate
that the characteristics of his or her holdings will meet the objectives
of this section.
(4)
Permitted uses. All uses within an area designated
as a PD District shall be determined by the provisions of this section
and the approval of the project concerned.
(a)
Residential uses. Residences may be of any variety or type, including detached, semidetached, clustered or a combination thereof, whether single-family or multiplex. In developing a balanced community, the use of a variety of housing types and densities shall be deemed most in keeping with this section. In keeping with the objectives found in Subsections A and B, the developer must demonstrate that he/she is reaching as broad an economic market as possible. In making these determinations, the Planning Board shall consider the size of the site, its location with respect to community services and facilities, transportation and area-wide market surveys as are available from several sources in Wayne County. Developers may avail themselves of such state, federal and other housing programs as may be available to accomplish these objectives. Residences may be used as a short-term rental, subject to obtaining a short-term rental license.
[Amended 3-2-2023 by L.L. No. 4-2023]
(b)
Commercial, service and other nonresidential
uses.
(c)
Public and private institutional and recreational
facilities.
(d)
Office, research and manufacturing uses.
(e)
Open space.
D.
Intensity of land use. Because land is used more efficiently
in a PD District, improved environmental quality can often be produced
with a greater number of dwelling units per gross building acre than
is usually permitted in traditionally zoned districts. The Planning
Board shall determine in each case the appropriate land use intensity
and/or dwelling unit density for individual projects. In most cases,
however, the gross density in the case of single-family detached dwellings
shall not exceed four dwelling units per acre based upon all land
included within the PD District. The determination of land use intensity
ratings or dwelling unit densities shall be completely documented,
including all facts, opinions and judgments justifying the selection
of the rating or density.
E.
Common property in the PD District. Common property
in a PD District is a parcel or parcels of land, together with the
improvements thereon, the use and enjoyment of which is shared by
the owners and occupants of the individual building sites and by the
surrounding community. When common property exists, unless approved
by the Town Board as a public property, the ownership of such property
shall remain private. When common property exists in private ownership,
satisfactory arrangements must be made for the improvement, operation
and maintenance of such common property and facilities including private
streets, drives, service and parking areas and recreational and open
space areas, and the Town Board reserves the right to approve or disapprove
such arrangements.
F.
Roads and utilities. The developer shall provide all
necessary water and sewer facilities, storm drainage, highway access,
paved streets, parking and loading facilities, streetlighting, sidewalks
and/or paved gutters and curbs as shall be required by the Planning
Board, except as may otherwise be provided through state, county or
federal programs.
G.
PD District application procedure and approval process.
(1)
General. Whenever any Planned Development District
is proposed, before any permit for the erection of a permanent building
in such Planned Development District shall be granted and before any
subdivision plan or any part thereof may be filed in the office of
the Wayne County Clerk, the developer or his or her authorized agent
shall apply for and secure approval of the Town Board for rezoning
of the land and shall obtain sketch plan approval of the Planning
Board for development of the land in accordance with the land development
regulations.
(2)
Sketch plan. The developer shall submit eight copies
of a sketch plan of his or her proposal to the Town Board. The Town
Board shall forward four copies of the sketch plan to the Planning
Board for review. The sketch plan shall be approximately to scale,
though it need not be to the precision of finished engineering drawings;
and it shall clearly show the following information:
(a)
The location of the various uses and their areas
in acres.
(b)
The general outlines of the interior roadway
system and all existing rights-of-way and easements, whether public
or private.
(c)
Delineation of the various residential areas,
indicating for each such area its general extent, size and composition
in terms of total number of dwelling units, approximate percentage
allocation by dwelling unit type (i.e., single-family detached, duplex,
townhouse, garden apartments, (high-rise) and general description
of the intended market structure (i.e. luxury, middle-income, moderate-income,
elderly units, family units, etc.), plus a calculation for the residential
density in dwelling units per gross acre (total area including interior
roadways in each such area.
(d)
The interior open space system.
(e)
The overall drainage system.
(f)
If grades exceed 3% or portions of the site
have a moderate to large susceptibility to erosion or a moderate to
large susceptibility to flooding or ponding, a topographic map showing
contour intervals of not more than five feet of elevation shall be
provided, along with an overlay outlining the above susceptible soil
areas, if any.
(g)
Principal ties to the community at large with
respect to transportation, water supply and sewage disposal.
(h)
General description of the provision of other
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.
(i)
A location map showing uses and ownership of
abutting lands.
(3)
Documentation to accompany the sketch plan. The developer
shall also submit with the sketch plan eight copies of the following
supplemental information:
(a)
Evidence of how the developer's particular mix
of land uses meets existing community demands, including area-wide
as well as local consideration.
(b)
Evidence of the developer's compliance with the objectives of Subsection C(4) of this section with respect to the provision of an adequate mix of housing for all economic levels.
(c)
Evidence that the proposal is compatible with
the goals of local and area-wide master plans.
(d)
General statement as to how common open space
is to be owned and maintained.
(e)
If the development is to be staged, a general
indication of how the staging is to proceed. Whether or not the development
is to be staged, the sketch plan of the particular section shall show
the intended total project.
(f)
Evidence of any sort in the applicant's own
behalf to demonstrate his or her competence to carry out the plan
and his or her awareness of the scope of such a project, both physical
and financial.
(4)
Planning Board review.
(a)
The Planning Board shall review the sketch plan
and its related documents and shall render a report to the Town Board.
(b)
A favorable report shall include a recommendation
to the Town Board that a public hearing be held for the purpose of
considering PD districting. It shall be based on the following findings,
which shall be included as part of the report:
[1]
The proposal conforms to the Master Plan.
[4]
The proposal is conceptually sound in that it
meets local and area-wide needs and it conforms to accepted design
principles in the proposed functional roadway and pedestrian system,
land use configuration, open space system, drainage system and scale
of the elements, both absolutely and to one another.
[5]
There are adequate services and utilities available
or proposed to be made available in the construction of the development.
(c)
An unfavorable report shall state clearly the
reasons therefor and, if appropriate, point out to the applicant what
might be accomplished in order to receive a favorable report.
(5)
Planning Board certification and report. The Chairman
of the Planning Board shall certify when all of the necessary application
material has been presented; and the Planning Board shall submit its
report within 60 days of such certification.
(6)
Public hearing. Upon receipt of a report from the
Planning Board, the Town Board shall set a date for and conduct a
public hearing for the purpose of considering PD districting for the
applicant's plan in accordance with the procedures established under
§ 264 of the Town Law or other applicable law, said public
hearing to be conducted within 62 days of the receipt of the report
from the Planning Board.
(7)
Referral to County Planning Board and engineer for
the Town.
(a)
The Town Board shall refer the application to
the County Planning Board for its analysis and recommendations, pursuant
to the provisions of § 239-m of the General Municipal Law
and the provisions of this section, and the Town Board shall also
refer the application to the engineer for the Town for his or her
review.
(b)
The Town Board shall give the County Planning
Board at least 30 days to render its report.
(c)
The engineer for the Town shall submit a report
to the Town Board within 30 days of the referral, duly noting the
feasibility and adequacy of those design elements under his or her
sphere of interest. This report need only concern itself at this time
with general conceptual acceptance or disapproval, as the case may
be, and in no way implies any future acceptance or rejection of detailed
design elements as will be required in the later site plan review
state. The engineer for the Town may also state in his or her report
any other conditions or problems that must be overcome before consideration
of acceptance on his or her part.
(8)
Town Board decision.
(a)
Within 62 days after the public hearing, the
Town Board shall act upon the application.
(b)
If the Town Board establishes the PD District,
the Zoning Map shall be so notated. The Town Board may, if it feels
it is necessary in order to fully protect the public health, safety
and welfare of the community, attach to its zoning enactment establishing
the PD District any additional conditions or requirements for the
applicant to meet. Such requirements may include but are not limited
to visual and acoustical screening, land use mixes, order of construction
and/or occupancy, circulation systems, both vehicular and pedestrian,
availability of sites within the area for necessary public services,
such as schools, fire houses and libraries, protection of natural
and historic sites and other such physical and social demands. The
Town Board shall at this time approve the density standards contained
in the sketch plan submitted.
H.
Residential standards.
(1)
Areas proposed in the form of single-family detached houses shall not exceed the density set forth in Subsection D.
(2)
A minimum percentage of the total number of dwellings
within the PD District of single-family detached structures shall
be determined by the Planning Board to be appropriate to an integrated
plan for the area.
(3)
The densities for low-rise residential areas not consisting
of single-family detached dwellings and not exceeding two stories
above ground level shall not exceed 14 dwelling units per acre.
(4)
Building heights, size and design shall be appropriate
to the location within the PD District, where proposed, and shall
further be appropriate to the overall development plan of the planned
development and the development plan of the Town, subject to the following
conditions:
(a)
One-family detached dwellings must have a minimum ground floor living area as defined in § 180-35.
(b)
Interior finished space within any dwelling
shall be adequate to provide necessary living areas.
(c)
All single-family dwellings shall have at least
a two-car garage.
(d)
Minimum exterior sizes of multiple and attached
housing shall be approved by the Planning Board.
(e)
Lot size and dimensions; structure heights and
locations thereon may be freely disposed and arranged in conformity
with the overall density standards set forth herein. Minimum lot size
or frontage and maximum percentage of lot coverages are not specified
herein, except that the minimum lot size for single-family detached
dwellings shall be 10,000 square feet for lots serviced by sewers
and 20,000 square feet for lots requiring septic systems; however,
the Planning Board, in its discretion, may waive the requirement in
instances where the applicant for the waiver proves to the satisfaction
of the Planning Board that reducing the minimum lot size for a detached
dwelling shall not compromise or affect the integrity of the overall
PUD development, including future development, and strict conformity
with the minimum lot size is not requisite in the interest of public
health, safety and welfare. The granting of such waiver shall be discretionary,
and the granting of such waiver in one instance shall not compel the
granting of a waiver in a similar instance.
(f)
There shall be off-street parking facilities, which shall be adequate for the particular development and as determined by the Planning Board. In regard to parking, storage or use of recreational equipment and parking and storage of unregistered vehicles, §§ 180-25, 180-26 and 168-3 shall be applicable.
[Amended 3-7-2002 by L.L. No. 2-2002; 3-4-2010 by L.L. No. 1-2010]
(g)
Landscaped open spaces or open areas left in
their natural state should be provided at a ratio of not less than
600 square feet of open space for every dwelling unit, exclusive of
the lot on which the dwelling unit is built. The Planning Board may
require as much as 25% of the total acreage in the PD to be provided
in the form of suitable open space.
(h)
All multifamily uses must provide adequate landscaping
to the satisfaction of the Planning Board.
(i)
A buffer strip of adequate width taken from
the lands being developed should be provided between residential and
nonresidential areas and between residential areas and state and county
roads. Said buffer strip may be created by utilizing suitably landscaped
green areas, by design, configuration and location of particular buildings
or by any other method meeting the approval of the Planning Board.
No parking shall be permitted in a buffer area.
(j)
No developmental plan shall be approved unless
the setbacks are set forth on the proposed plan.
[Added 2-3-2005 by L.L. No. 2-2005]
I.
Commercial standards.
(1)
Except for any regional commercial center located
within the PD District, commercial uses should be generally scaled
to serve the residents of the PD District.
(2)
Parking areas serving commercial uses shall be provided
at a minimum ratio of one parking space for every 100 square feet
of retail area.
(3)
No developmental plan shall be approved unless the
setbacks are set forth on the proposed plan.
[Added 2-3-2005 by L.L. No. 2-2005]
J.
Office, research and manufacturing standards.
(1)
The amount of land devoted to office, research and
manufacturing uses shall be appropriate to the overall development
of the PD District.
(2)
Office and research use shall be subject to controls
as deemed appropriate by the Planning Board.
(3)
No developmental plan shall be approved unless the
setbacks are set forth on the proposed plan.
[Added 2-3-2005 by L.L. No. 2-2005;
amended 3-4-2010 by L.L. No. 1-2010]
K.
Request for changes in sketch plan. If, in the site plan development, it becomes apparent that certain elements of the sketch plan, as it has been approved by the Town Board, are unfeasible and in need of significant modification, the applicant shall then present his or her solution to the Planning Board as his or her preliminary plan in accordance with Chapter 151, Subdivision of Land; Site Plan Review. The Planning Board shall then determine whether or not the modified plan is still in accordance with the provisions of the zoning enactment establishing the PD District. If a negative decision is reached, the site plan shall be considered disapproved. The developer may then, if he/she wishes, produce another site plan in conformance with the approved sketch plan. If an affirmative decision is reached, the Planning Board shall so notify the Town Board stating all of the particulars of the matter and its reasons for determining that the project should be continued as modified. Preliminary site plan approval may then be given only within the consent of the Town Board.
L.
Staging. If the applicant wishes to stage his or her
development and has so indicated, then he/she may submit only those
stages he/she wishes to develop for site plan approval in accordance
with his or her staging plan. Any plan which requires more than 24
months to be completed shall be required to be staged and a staging
plan must be developed. It is the intent of the subsection that individual
stages of the PD will have an integrity of use in their own right
so that, if for any reason, the entire PD is not completed, those
portions of the PD already constructed will be an asset to the community
by themselves. Staging plans must take account of this objective,
and developers proposing individual stages that deviate significantly
from the overall character of the PD should present convincing evidence
that such a stage is indeed in keeping with this section.
M.
Regulation after initial construction and occupancy.
For the purposes of regulating development and use of property after
initial construction and occupancy, any changes other than use changes
may be processed only upon presentation to and approval by the Planning
Board. Use changes shall also be in the form of a request for a special
use permit, except that Town Board approval shall be required. It
shall be noted, however, that properties lying in Planned Development
Districts are unique and shall be so considered by the Planning Board
or Town Board when evaluating these requests and maintenance of the
intent and function of the planned unit shall be of primary importance.
N.
New Community District (NCD) property. It is the intent that from the date of enactment of this Zoning Chapter all approvals for property previously zoned as a New Community District hereinafter be governed by the provisions of this section. All land so zoned is hereby deemed to have met the requirements of Subsections A through G of this section, and all subdivision approvals previously given are determined to meet the requirements of Subsections H through J. All future submissions for approvals shall be governed by all the terms of this section.
O.
Conflicts. In the event of conflicts between this
section and any other section of this chapter, this section shall
apply for PD Districts.
A.
Purpose and intent. The purpose and intent of cluster
development shall be to enable and encourage flexibility of design
and development of land in such a manner as to promote the most appropriate
use of land, to facilitate the adequate and economical provision of
streets and utilities and to preserve the natural and scenic qualities
of open land.
B.
FINAL PLAT
PLANNING BOARD
PRELIMINARY PLAT
SUBDIVIDER
SUBDIVISION
TOWN
TOWN BOARD
TOWN CONSTRUCTION SPECIFICATIONS AND TOWN DESIGN STANDARDS
Definitions. For the purpose of this section, certain
words and terms used herein are defined as follows:
A drawing, in final form, prepared in accordance with these
regulations, containing all information and detail required by law
and incorporating any stipulations of the Board.
The Planning Board of the Town of Walworth appointed by the
Town Board.
A drawing, dated and clearly marked "PRELIMINARY PLAT," showing
the layout of a proposed subdivision prepared according to these regulations,
the Design Standards and the Construction Specifications of the Town
of Walworth.
Any person, firm, corporation, partnership, limited liability
company or association who or which proposes to subdivide the land.
The division of any parcel of land situate within the Town
of Walworth into two or more lots, parcels, plots or sites, with or
without streets or highways, described by metes and bounds or by reference
to a map with numbered lots or survey of the property or by any other
methods of description for the purpose of sale, lease, license or
any other reason. The term includes resubdivision and shall relate
to the process of subdividing or to the land subdivided.
The Town of Walworth.
[1]Town Board of the Town of Walworth.
The Town document presenting official Walworth specifications
for the construction of developments entitled "Town of Walworth, Design
Criteria and Specifications."
[Amended 3-4-2010 by L.L.
No. 1-2010; at time of adoption of Code (see Ch.
1, General Provisions, Art. I)[2]]
C.
Application of section. This section of Chapter 180, Zoning, shall be applicable to all residential districts.
D.
Objective. The goal to be achieved by the use of the
procedures set forth in this chapter is the creative use of land so
as to establish a more desirable living environment than would ordinarily
be possible through the conventional applications of the Zoning Law
of the Town, and more specifically to encourage:
(1)
The preservation of wetlands.
(2)
The preservation, enhancement and/or creation of open
space, major stands of trees outstanding natural topography, significant
geological features and other areas of scenic and ecological value
and the prevention of soil erosion and minimization of potential pollution
and flooding hazards.
(3)
An efficient use of the land consistent with the promotion
of the public health, safety and welfare.
(4)
Innovation, flexibility and variety in the type, design
and layout of residential housing so as to permit greater variety
and range in the choice of housing types and living environment. Diversity,
originality, lot layout and individual building design shall be encouraged
to achieve the best possible relationship between development and
the existing topography and environment.
E.
Procedure.
(1)
Right of application. A subdivider desiring to subdivide land within any residential zoning district may make application to the Planning Board requesting that various applicable provisions of Chapter 180, Zoning, be modified as pertains to the subdivider's proposed development in order to carry out the intent and objectives of this section and which results in a permitted number of building lots or dwelling units which shall in no case exceed the number which could have been permitted, in the Planning Board's judgment, if the land were subdivided into lots conforming to the minimum lot size and density requirements of Chapter 180, Zoning, applicable to the district in which the subdivider's land is situated.
(2)
Form of application. The application requesting various provisions of Chapter 180, Zoning, be modified as allowable under § 278 of the Town Law shall be on a form provided by the Planning Board and shall set forth the specific sections of Chapter 180, Zoning, which the subdivider desires modified and a detailed statement setting forth the requested nature of modification, changes or supplementations of the existing Chapter 180, Zoning, provisions and the reasons for such request. The statement shall include the manner in which such modification, changes or supplementations of existing zoning provisions will benefit the Town and will further the public health, safety and welfare.
(3)
Submission with application. The subdivider shall, with its application, file a map with all the necessary data set forth thereon, as required for a preliminary plat as set forth in Chapter 151, Subdivision of Land; Site Plan Review, and said preliminary plat shall be in conformance with the Town's Construction Specifications and Design Standards. The Planning Board shall review the application, the plat map and other relevant documents and if, in the Planning Board's judgment, the proposed development is appropriate for processing pursuant to this chapter, the Planning Board shall transmit the subdivider's application, plat plan and other relevant documents to the Town Board with a request for authority to make changes in the zoning regulations pertaining to the subdivider's application pursuant to § 278 of the Town Law in order to carry out the intent and goal of this section.
(4)
Town Board hearing and review. After receipt of the subdivider's application from the Planning Board, the Town Board shall add the subdivision application to the agenda of the next regularly scheduled Town Board meeting for approval of the subdivider's plat to change applicable provisions of Chapter 180, Zoning, subject to such conditions as may be imposed at the discretion of the Town Board. The subdivider shall provide the Town Board with additional data, maps and plans as requested by the Town Board. The Town Board shall review the recommendations of the Planning Board and other submissions received from the subdivider and shall determine whether or not to authorize the Planning Board to process the proposed development pursuant to this section. If the Town Board approves the application, such resolutions shall authorize the subdivider to apply to the Planning Board (along with the subdivider's application for subdivision approval as set forth in Chapter 151, Subdivision of Land; Site Plan Review) to modify the applicable provisions of this chapter, subject to such conditions as the Town Board may, at its discretion, add. The Town Board must specify the number of dwelling units to be permitted as a maximum number of units to be built in connection with the application. The maximum number of dwelling units permitted may be less than but shall in no event be more than the maximum which could be permitted by the Planning Board if the land were subdivided into lots conforming to the minimum lot size and density requirements of this chapter applicable to the district or districts in which such land is situated and conforming to all other applicable requirements. Said conditions that the Town may impose shall include but not be limited to the right of the Town Board to impose landscaping and architectural requirements and any other requirements to effect the purpose and objective of this chapter in such a manner that the development is harmonious with the surrounding area.
F.
Expiration of authorization.
(1)
The Town Board's authorization pursuant to § 278
of the Town Law as set forth in this section shall expire and become
void if any of the following events do not occur within the time limit
set forth:
(a)
The adoption of a resolution, by the Planning
Board, preliminarily approving, with or without conditions, a plat
within nine months of the aforesaid Town Board resolution.
(b)
The adoption of a resolution, with or without
conditions, of final approval by the Planning Board within 24 months
of the aforesaid Town Board authorization.
(c)
The final plat is signed by the Chairman of
the Planning Board or other duly authorized member or, upon completion
of all requirements of a conditional approval, by the Chairman of
the Planning Board or other duly authorized member certifying the
completion of the requirements within 36 months of the aforesaid Town
Board authorization.
(2)
The Town Board may, upon request of the Planning Board,
extend any of the above time periods.
G.
Supersession of Town Law. Pursuant to § 10,
Subdivision 1(ii)d(3), a(12) and a(14), of the Municipal Home Rule
Law, any provisions of §§ 276, 277 and 278 of the Town
Law which are inconsistent with this chapter, and only to the extent
that they are inconsistent herewith, are hereby superseded by the
provisions contained in this chapter.
[Added 7-21-2016 by L.L.
No. 3-2016]
A.
Purpose. The purpose of this district is primarily to provide for
uses by local government, primarily the Town of Walworth, but also
other towns, villages or municipalities which may be present within
the Town for reasons such as an intermunicipal agreement. This district
shall also provide for limited use by public authorities and utilities,
such as water authorities, sewer authorities, etc.
B.
Specially permitted uses. No uses within this district are traditional
"permitted uses," and, instead, uses are permitted only by special
use permit unless otherwise exempt. Said uses which are permitted
by special use permit are:
(1)
Government-owned parks and recreational facilities open to use
by the general public.
(2)
Government-owned municipal facilities and buildings, such as
town halls, town highway facilities and town offices.
(3)
Public libraries.
(4)
Minor uses by public utilities, such as pumping stations, but
not including waste treatment plants.
(5)
Customary accessory uses to the above uses.
C.
Area and dimensional requirements. Area and dimensional requirements,
such as minimum lot size, setbacks, etc., shall be the same as those
set forth for uses within the B District. (Uses within the Municipal
Facilities District shall be considered "commercial" solely for purposes
of determining area and dimensional requirements under the B District
area and dimensional requirements).
D.
Exemptions. All lands, buildings and uses by the Town of Walworth
shall be permitted within the Municipal Facilities District and shall
not otherwise be subject to the provisions within this section. Such
uses by the Town of Walworth shall not require a special use permit
and shall not be required to comply with area and dimensional requirements.