Town of Walworth, NY District Regulations

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]

The living areas within the dwelling are part of the single dwelling;

The living areas within the dwelling shall have access to each other;

The dwelling must have only one primary exterior entrance; however, there may be an additional entrance to the second living area; and

The dwelling has one street and one mailing address.

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;]

Uses in accordance with Chapter 70, Campgrounds and Recreational Vehicle Parks.

[Added 10-6-2011 by L.L. No. 3-2011]

Short-term rentals, subject to obtaining a short-term rental license.

[Added 3-2-2023 by L.L. No. 4-2023]

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]

Home occupations as permitted by and subject to the provisions set forth in § 180-43.1.

Private swimming pools.

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receiver antennas, ham radio antennas and windmills; however, satellite dishes, whose right of regulation as to use is superseded by federal laws, rules and/or regulations, are a permitted use and except for accessory buildings, which may be prohibited under § 180-21.

Private garages.

Ponds, subject to the provisions and requirements set forth in § 180-44.

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)]

Uses permitted upon issuance of a special use permit; upon registering with the Town.

Uses permitted upon issuance of a special use permit, as provided in §§ 180-53 and 180-54, are:

Golf courses and country clubs occupying an area of not less than 40 acres.

[Amended 12-6-2007 by L.L. No. 6-2007]

"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.

In the case of a golf course containing 18 or more holes of play, there may be included the following additional facilities as accessory to the principal use:

[a]

Pitch and putt course, unlighted.

[b]

Driving range, unlighted.

Cemeteries.

Churches and similar places of worship, including parish houses and religious education buildings.

Veterinary office/clinic for farm animals on parcels or lots of 10 acres or more.

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]

(Reserved)[1]

Editor's Note: Former § 180-10C(1)(f), added 6-16-2005 by L.L. No. 3-2005, regarding broadcast radio antennas, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Private elementary and high schools, institutions of higher education, public libraries and municipal buildings.

[Added 12-6-2007 by L.L. No. 6-2007]

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]

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)]

Uses permitted upon registering with the Town pertaining to a minor home occupation and uses permitted upon issuance of a home occupation permit pertaining to a home occupation, major-category A, as defined, permitted and provided in § 180-43.1.

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)]

Percentage of lot coverage. All buildings, including accessory buildings, shall not cover more than 25% of the area of the lot.

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]

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]

Each side yard width is to equal 15 feet minimum, except in the case of a corner lot, then Subsection F(1) shall apply.

Rear lot depth is to be 40 feet minimum, except in the case of a corner lot, then Subsection F(1) shall apply.

Lot geometry.

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]

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]

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.

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]

§ 180-10.1 RR-1A Districts: Single-Family Residential.

[Added 1-6-2005 by L.L. No. 1-2005]

The following regulations shall apply in all RR-1A Districts;

Permitted principal uses are:

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]

The living areas within the dwelling are part of the single-family dwelling;

The living areas within the dwelling shall have access to each other;

The dwelling must have only one main entrance; however, there may be an additional entrance to the second living area; and

The dwelling has one street and one mailing address.

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]

Short-term rentals, subject to obtaining a short-term rental license.

[Added 3-2-2023 by L.L. No. 4-2023]

Home occupations as permitted by and subject to the provisions set forth in § 180-43.1.

Private swimming pools.

Private garages.

Ponds, subject to the provisions and requirements set forth in § 180-44.

[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Uses permitted upon issuance of a special use permit; upon registering with the Town.

Uses permitted upon issuance of a special use permit, as provided in §§ 180-53 and 180-54, are:

Golf courses and country clubs occupying an area of not less than 40 acres.

Cemeteries.

Churches and similar places of worship, including parish houses and religious education buildings.

Veterinary office/clinic for farm animals on parcels or lots of 10 acres or more.

[Amended 6-16-2005 by L.L. No. 3-2005]

(Reserved)[1]

Editor's Note: Former § 180-10.1C(1)(f), added 6-16-2005 by L.L. No. 3-2005, regarding broadcast radio antennas, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. 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 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)]

Uses permitted upon registering with the Town pertaining to a home occupation, minor, and uses permitted upon issuance of a home occupation permit pertaining to home occupation, major-category A, as defined, permitted and provided in § 180-43.1.

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)]

Percentage of lot coverage. All buildings, including accessory buildings, shall not cover more than 25% of the area of the lot.

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);

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.

Each side yard width is to equal 15 feet minimum, except in the ease of a corner lot, then Subsection F(1) shall apply.

Rear lot depth is to be 40 feet minimum, except in the case of a corner lot. then Subsection F(1) shall apply.

Lot geometry.

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.

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.

§ 180-11 (Reserved) [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.

§ 180-12 R Districts: Single-Family Residential.

The following regulations shall apply in all R Districts:

Permitted principal uses are:

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]

The living areas within the dwelling are part of the single-family dwelling.

The living areas within the dwelling shall have access to each other.

The dwelling must have only one main entrance, however there may be an additional entrance to the second living area.

The dwelling has one street and one mailing address.

[Amended 12-18-2003 by L.L. No. 6-2003; 10-20-2022 by L.L. No. 4-2022]

Public elementary and high schools, public parks and playgrounds.

Short-term rentals, subject to obtaining a short-term rental license.

[Added 3-2-2023 by L.L. No. 4-2023]

[Amended 3-7-2002 by L.L. No. 2-2002; 12-18-2003 by L.L. No. 6-2003]

Home occupations as permitted by and subject to the provisions set forth in § 180-43.1.

Private swimming pools.

[Amended 6-16-2005 by L.L. No. 3-2005]

Private garages.

Ponds, subject to the provisions and requirements set forth in § 180-44.

[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Uses permitted upon issuance of a special use permit; upon registering with the Town.

Uses permitted upon issuance of a special use permit; as provided in §§ 180-53 and 180-54, are:

Golf courses and country clubs occupying an area of not less than 40 acres.

"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:

Swimming pools.

Parking areas.

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.

In the case of a golf course containing 18 or more holes of play, there may be included the following additional facility as accessory to the principal use:

[a]

Pitch and putt course, unlighted.

[b]

Driving range, unlighted.

Private elementary and high schools, institutions of higher education, public libraries and municipal buildings.

Cemeteries.

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.

Churches and similar places of worship, including parish houses and religious education buildings.[1]

Editor's Note: Former Subsection C(1)(g), Home day care, which immediately followed this subsection, was repealed 4-5-2001 by L.L. No. 2-2001.

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)]]

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.

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.

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.

Percentage of lot coverage. All buildings, including accessory buildings, shall not cover more than 25% of the area of the lot.

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]

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]

Each side yard width is to equal 15 feet minimum, except in the case of a corner lot, then Subsection G(1) shall apply.

Rear lot depth is to be 40 feet minimum, except in the case of a corner lot, then Subsection G(1) shall apply.

Lot geometry.

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.

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.

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.

[Added 3-20-2003 by L.L. No. 1-2003]

§ 180-13 Hamlet Districts: Multifamily/Neighborhood Business.

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.

Permitted principal uses. The following principal uses are permitted in a Hamlet District:

All uses permitted in any residential districts, subject to all provisions specified for such residential districts.

Two-family dwellings.

Insurance offices of independent or general agents.

Medical and dental offices.

Attorneys' offices.

Offices for licensed professionals, such as architects, designers, engineers, etc.

Barber shops and beauty shops.

Florist shops.

(9)

Dog groomer stores.

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]

Uses permitted upon issuance of a special use permit, as provided in §§ 180-53 and 180-54 are:

Branch banks.

Commercial schools.

Supermarkets and convenience food stores.

[Amended 3-4-2010 by L.L. No. 1-2010]

Laundromat or dry-cleaning establishments.

Bakeries.

Drugstores or pharmacies.

Hardware stores, garden supply stores and paint and wallpaper stores.

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)

Cannabis retail dispensaries, in accordance with § 180-44.2.

[Added 1-5-2023 by L.L. No. 1-2023[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]

Any home occupation, minor use permitted as an accessory use as set forth and in compliance with § 180-43.1.

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]

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.

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]

Required lot area.

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]

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]

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.

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.

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.

Yards required. Each lot shall have the front, side and rear yards with depths and widths of not less than the following:

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]

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]

Rear lot depth is to be 40 feet minimum, except in the case of a corner lot, then Subsection K(1) shall apply.

Required court dimensions.

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.

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.

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.

§ 180-14 B Districts: General Business/Professional Office/Office Research Park/High Density Residential.

[Added 3-4-2010 by L.L. No. 1-2010[1]]

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]

Permitted uses. The following uses and their accessory uses are permitted in a B District:

All uses permitted in any Hamlet District, including accessory uses, subject to the provisions for such Hamlet District, including special use permits where required.

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.

High-density residential uses, including facilities for senior citizens.

Offices, including medical, dental, physical therapy, counseling and other related practices providing professional care.

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.

Short-term rentals, subject to obtaining a short-term rental license.

[Added 3-2-2023 by L.L. No. 4-2023]

Special use permits.

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.

Conditional uses (requiring special use permit procedures as contained in §§ 180-53 and 180-54) are:

Bars, taverns, restaurants or other eating establishments.

Auto sales, new and used, and recreational vehicle sales.

Auto repair shops, auto accessories and parts.

Gasoline service stations, vehicle washes, rental of trucks, trailers or other associated uses deemed appropriate by the Planning Board.

Motels, hotels, bus stations, rental car agencies or other associated uses deemed appropriate by the Planning Board.

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.

Scientific research or experimental development of materials, methods or products, including engineering and laboratory research.

Manufacture of electric, electronic or optical instruments or devices.

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)

Cannabis retail dispensaries, in accordance with § 180-44.2.

[Added 1-5-2023 by L.L. No. 1-2023[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.

(o)

Other uses not specifically listed above and/or an accessory to, similar in nature and compatible with the Master Plan, deemed appropriate by the Planning Board and the purpose of a B District, permitted upon issuance of a special use permit as provided in §§ 180-53 and 180-54.

In B Districts, the following uses are specifically prohibited:

The production from raw materials of chemicals, explosives, fertilizer, paint products, rubber, soaps, starch, by-products of coal, coke and petroleum and natural gas.

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.

Junkyards.

The operation of stockyards, slaughterhouses and rendering plants and food processing.

Mining and quarrying operations.

Depots for bulk storage of fuel.

Storage of hazardous substances.

Sawmill operations, cutting, splitting and sale of firewood.

Minimum dimensional requirements.

Lot area. The minimum lot area shall be one acre.

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.

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.

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).

Landscaping.

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.

All landscaping shall be properly maintained throughout the life of any use on any lot.

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.

Parking. Refer to § 180-39 of this chapter.

Signs. Refer to Chapter 143, Signs, of the Town Code.

[Amended 8-16-2018 by L.L. No. 3-2018]

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).

§ 180-15 (Reserved) [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.

§ 180-16 I Districts: General Industrial.

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.

Permitted uses are:

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]

Quarries, sand pits and gravel pits as provided in § 180-37 of this chapter.

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.

The following uses are specifically prohibited in this district:

The production from raw materials of chemicals, explosives, fertilizer, paint products, rubber, soaps, starch, by-products of coal, coke and petroleum and natural gas.

The operation of stockyards, slaughterhouses and rendering plants and food processing.

Depots for bulk storage of fuel.

Storage of hazardous substances.

Residential uses.

B District uses.

[Amended 3-4-2010 by L.L. No. 1-2010]

All uses of land, buildings, structures or industrial processes that may be noxious or injurious by reason of the production or emission of dust, smoke, refuse matter, odor, gas, fumes, noise, vibration or similar substances or conditions as defined in Subsection E.

Industrial performance standards.

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.

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.

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.

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.

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.

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.

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.

Required lot area. No building or use shall be erected or maintained on a lot having an area of less than two acres.

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]

Each lot shall have a front yard of not less than 75 feet in depth from the edge of the right-of-way.

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.

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.

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)]

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:

The location of the premises and its relation to neighboring properties, showing all buildings and roads within 1,000 feet of the site.

All information and other requirements specified in § 85-9A, B and C of this Code.

A hearing on the application shall be held by the Planning Board in accordance with § 274-b of the Town Law.

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.

§ 180-17 PD Districts: Planned Development.

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:

Intent.

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.

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.

Objectives. In order to carry out the intent of this section, a PD shall achieve the following objectives:

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.

More usable open space and recreation areas.

More convenience in location of accessory commercial and service areas.

The preservation of trees, outstanding natural topography and geologic features and prevention of soil erosion.

A creative use of land and related physical development which allows an orderly transition of land from rural to urban uses.

An efficient use of land resulting in smaller networks of utilities and streets and thereby lower housing costs.

A development pattern in harmony with the objectives of the Town.

A more desirable environment than would be possible through the strict application of other sections of this chapter.

General requirements.

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.

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.

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.

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.

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]

Commercial, service and other nonresidential uses.

Public and private institutional and recreational facilities.

Office, research and manufacturing uses.

Open space.

Any permitted uses which are subject to a special use permit in any other zoning district are permitted, provided that a special use permit is obtained pursuant to the procedures as set forth in §§ 180-53 and 180-54.

Uses which may be permitted pertaining to home occupation, minor, as defined, permitted and provided in § 180-43.1.

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.

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.

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.

PD District application procedure and approval process.

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.

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:

The location of the various uses and their areas in acres.

The general outlines of the interior roadway system and all existing rights-of-way and easements, whether public or private.

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.

The interior open space system.

The overall drainage system.

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.

Principal ties to the community at large with respect to transportation, water supply and sewage disposal.

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.

A location map showing uses and ownership of abutting lands.

Documentation to accompany the sketch plan. The developer shall also submit with the sketch plan eight copies of the following supplemental information:

Evidence of how the developer's particular mix of land uses meets existing community demands, including area-wide as well as local consideration.

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.

Evidence that the proposal is compatible with the goals of local and area-wide master plans.

General statement as to how common open space is to be owned and maintained.

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.

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.

Planning Board review.

The Planning Board shall review the sketch plan and its related documents and shall render a report to the Town Board.

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:

The proposal conforms to the Master Plan.

The proposal meets the intent and objectives of planned development as expressed in Subsections A and B of this section.

[3]

The proposal meets all the general requirements of Subsection C of this section.

[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.

[6]

The requirements under Chapter 79, Environmental Quality Review, of this Code for compliance with the State Environmental Quality Review Act shall also be stated.

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.

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.

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.

Referral to County Planning Board and engineer for the Town.

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.

The Town Board shall give the County Planning Board at least 30 days to render its report.

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.

Town Board decision.

Within 62 days after the public hearing, the Town Board shall act upon the application.

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.

Residential standards.

Areas proposed in the form of single-family detached houses shall not exceed the density set forth in Subsection D.

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.

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.

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:

One-family detached dwellings must have a minimum ground floor living area as defined in § 180-35.

Interior finished space within any dwelling shall be adequate to provide necessary living areas.

All single-family dwellings shall have at least a two-car garage.

Minimum exterior sizes of multiple and attached housing shall be approved by the Planning Board.

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.

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]

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.

All multifamily uses must provide adequate landscaping to the satisfaction of the Planning Board.

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]

Commercial standards.

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.

Parking areas serving commercial uses shall be provided at a minimum ratio of one parking space for every 100 square feet of retail area.

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]

Office, research and manufacturing standards.

The amount of land devoted to office, research and manufacturing uses shall be appropriate to the overall development of the PD District.

Office and research use shall be subject to controls as deemed appropriate by the Planning Board.

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]

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.

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.

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.

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.

Conflicts. In the event of conflicts between this section and any other section of this chapter, this section shall apply for PD Districts.

Land development regulations and construction specifications. All provisions of Chapter 151, Subdivision of Land; Site Plan Review, and Construction Specifications currently in use by the Planning Board shall be applicable for development under this section.

§ 180-18 Cluster development.

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.

Definitions. For the purpose of this section, certain words and terms used herein are defined as follows:

FINAL PLAT

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.

PLANNING BOARD

The Planning Board of the Town of Walworth appointed by the Town Board.

PRELIMINARY PLAT

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.

SUBDIVIDER

Any person, firm, corporation, partnership, limited liability company or association who or which proposes to subdivide the land.

SUBDIVISION

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.

TOWN

The Town of Walworth.

TOWN CONSTRUCTION SPECIFICATIONS AND TOWN DESIGN STANDARDS

TOWN BOARD

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]]

Editor's Note: The definition of "Town Attorney," which immediately followed this definition, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Editor's Note: This local law combined and amended the definitions of "Town Construction Specifications" and "Town Design Standards."

Application of section. This section of Chapter 180, Zoning, shall be applicable to all residential districts.

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:

The preservation of wetlands.

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.

An efficient use of the land consistent with the promotion of the public health, safety and welfare.

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.

Procedure.

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.

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.

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.

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.

Expiration of authorization.

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:

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.

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.

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.

The Town Board may, upon request of the Planning Board, extend any of the above time periods.

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.

§ 180-18.1 Municipal Facilities District.

[Added 7-21-2016 by L.L. No. 3-2016]

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.

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:

Government-owned parks and recreational facilities open to use by the general public.

Government-owned municipal facilities and buildings, such as town halls, town highway facilities and town offices.

Public libraries.

Minor uses by public utilities, such as pumping stations, but not including waste treatment plants.