The following provisions shall apply to all
districts except where listed.
In all districts, buildings shall conform to
the requirements for maximum building coverage set forth in the Schedules
of District Regulations.[1] In planned developments or cluster projects, coverage
of individual lots may exceed these requirements.
[1]
Editor's Note: Schedules of District Regulations are included as an attachment to this chapter.
In all districts, structures may not exceed
the height regulations above average ground level as described in
this chapter.
[1]
Editor's Note: Former § 129-153,
Required setback, was repealed 7-2-2002. This section was also repealed
4-3-2003.
Unless otherwise specified or allowed, there
shall be only one residential building per lot.
Residential lots which front on culs-de-sac
shall meet all the space and bulk requirements of the district in
which they are located, except that the frontage adjacent to the cul-de-sac
may be 60 feet or more, provided that the lot width at the building
setback line equals or exceeds the required frontage of the district.
Lots abutting more than one street shall provide
a minimum of frontage on all streets on which the lot abuts. There
shall be front setbacks from all streets on which the lot abuts and
sideline setbacks from all remaining property lines. Corner lots which
existed prior to June 7, 1990, shall be exempt from their original
rear setback requirements, but shall possess front setbacks from all
streets on which the lot abuts and side line setbacks from all remaining
property lines.
[Amended 7-2-1997; 7-2-2002; 4-3-2003]
No structure, whether part of the main structure
or not, whether open or enclosed, including porches, decks, pools
and similar type structures, overhangs, canopies, etc., shall project
into minimum yard restrictions except:
In any district, a single lot at the effective
date of this chapter may be built upon subject to the following conditions:
Such a lot must be in separate ownership and not of contiguous frontage
with other such lots in the same ownership. This provision shall apply
even though such lots fail to meet the requirements for the area or
width, or both, that are generally applicable in the district, provided
that the yard dimensions and other requirements not involving area
or width of the lot shall conform to the regulations for the district
in which the lot is located.
An in-law apartment meeting the following standards
shall be considered to be part of a single-family dwelling and shall
not be considered to be a dwelling unit in terms of the space and
bulk standards of any residentially zoned property. Apartments not
meeting these requirements shall be considered to be separate dwelling
units and shall meet the use, space and bulk requirements of zoning
district where located.
A.
The in-law apartment shall be accessory to a single-family
detached dwelling, and only one in-law apartment shall be created
in a single-family dwelling.
B.
An in-law apartment shall be contained inside an existing
single-family detached dwelling.
C.
The total floor area of the in-law apartment shall
be a maximum of 800 square feet and shall be no more than 30% of the
gross floor area of the principal building.
D.
The in-law apartment shall be occupied by a family
member and shall not be rented either at the time of construction
or at any future time.
E.
The creation of the in-law apartment shall not alter
the single-family character of the property. The following standards
shall be met in creating the unit:
(1)
The in-law apartment shall not be clearly identifiable
from the exterior as a result of the design of the structure.
(2)
The in-law apartment shall be accessible, by
interior means, from the remaining portion of the single-family residence.
(3)
The utilities (electric service, gas service,
etc.) for the in-law apartment shall be combined with the existing
utilities. Separate utilities shall not be allowed.
(4)
Provisions for parking, service areas and storage
shall not exceed the levels found in adjacent single-family residences.
A.
Out of respect for them as final resting places and
in order to preserve their integrity as significant historic sites,
the intent of this section is to protect Wilton's cemeteries from
encroaching commercial and residential development. The nearest structure
in any commercial or residential lot or subdivision will not be less
than 100 feet from the lot line of any of the cemeteries listed below:
(1)
Dimmick Cemetery: southeast of the intersection
of Dimmick and Gansevoort Roads, north of Snook Kill Creek.
(2)
Brisbin Cemetery: east side of Parkhurst Road,
south of the Little Snook Kill.
(3)
Gurn Springs Cemetery: north side of Ballard
Road, east of Gordon Lane (also known as the "New Gurn Springs Cemetery").
(4)
Kings Station Cemetery: east side of Parkhurst
Road, north of intersection with Kings Road.
(5)
Gurn Springs Cemetery: south side of Ballard
Road, east of the intersection of Traver and Ballard Roads (also known
as the "Old Gurn Springs Cemetery").
(6)
Perry Cemetery: south side of Ballard Road,
east of the Old Gurn Springs Cemetery.
(7)
Wilton Developmental Center Cemetery: east side
of Northern Pines Road, north of the Snook Kill Creek.
(8)
Brick Church Cemetery: west side of Northern
Pines Road, south of the intersection of Northern Pines Road and Gailor
Road.
(9)
Arnold Cemetery: southwest side of the intersection
of Strakos and Greenfield Roads.
(10)
Brill Cemetery: east of Route 9, north of Waller
Road (located back off road).
(11)
Sleight Cemetery: west side of Route 9, north
of Daniels Road, south of the intersection of Northern Pines Road
and Route 9, back toward the Wilton-Greenfield Town line.
(12)
South Wilton M.E. Church Cemetery: east side
of Route 50, south of the intersection of Route 50 and Edie Road.
(13)
Louden Cemetery: north side of Louden Road,
east of the intersection of Louden and Ingersol Roads.
(14)
Ruggles Cemetery: east side of Ruggles Road,
south of the intersection of King and Ruggles Roads.
(15)
Jaycox Cemetery: north side of Louden Road,
east of the intersection of Ruggles and Louden Roads.
(16)
Baker/Boise Cemetery: south side of Louden Road,
west of the intersection of Arnolds Lane and Louden Road.
(17)
Milligan Cemetery: south of the intersection
of Louden Road and Arnolds Lane on east side.
B.
More exact locations can be found on a map prepared
by Lorraine Westcott, former Historian, for Clough, Harbour and Associates,
filed in the Planning Board office.
C.
The Planning Board, in its sole discretion, may require
a residential or commercial developer to erect fencing and/or install
plantings to act as a physical and/or visual barrier between a cemetery
and developable sites which are adjacent or contiguous to a cemetery.
D.
The provisions of this section may also be applied
by the Planning Board to protect other cemeteries or other sites which,
in its opinion, are of historic significance or are included in the
Town of Wilton Comprehensive Plan as historic sites.
A.
Off-street parking spaces shall be provided in any district in accordance
with the specifications of this section whenever any new use is established
or existing use is enlarged. The Planning Board may adjust parking
space quantity with careful consideration of site layout and consideration
of banked parking.
[Amended 8-1-2019]
B.
For a typical parking stall and painting detail, see
Exhibit B.[2]
[2]
Editor's Note: Exhibit B is included as an attachment to this chapter.
C.
The number of parking spaces shall be calculated for
each individual use in cases of multiple use buildings.
D.
Additional parking may be required if the project
contains unusual circumstances that may make additional requirements
necessary.
E.
Unless otherwise specifically noted, "employees" used
in this section does not mean employees per shift.
F.
No parking or storage of vehicles of any kind or objects
associated with the use of the property shall be permitted in a buffer
area.
G.
All parking lots shall have a minimum of a thirty-foot
setback from the front property line.
H.
Appropriate area may be required to accommodate nonmotorized
highway users (pedestrians, bicyclists, etc.) along portions of the
corridor.
|
Use
|
Minimum Parking Spaces Required
|
|---|---|
|
Apartment houses/multifamily dwellings
[Added 7-2-1997; amended 12-6-2001] |
2 1/4 per dwelling unit; spaces located
in garages are not included in the parking calculation
|
|
Banks, medical offices
|
1 per 100 square feet of gross leasable area
|
|
Boardinghouses, tourist homes and bed-and-breakfast
facilities
|
1 per lodging unit
|
|
Bowling establishment
|
3 per lane
|
|
Campsites
|
1.1 per site
|
|
Car washes
|
1 per employee, plus 5 stacking spaces per self-wash
bay, plus 20 stacking spaces per automatic bay (stacking space same
as parking space)
|
|
Church/social
|
1 per 3 seats in principal assembly area
|
|
Clubs
| |
|
Golf courses
|
4 per hole
|
|
Court spaces
|
3 per court
|
|
Physical training area
|
1 per 50 square feet of floor space
|
|
Swimming pools
|
1 per 40 square feet of pool area
|
|
Community buildings
|
1 per 100 square feet of floor space
|
|
Copy/mail centers
|
1 per 200 square feet of gross leasable floor
area
|
|
Delicatessens
|
1 per 200 square feet of gross leasable floor
area, plus 1 per 2 seats
|
|
Drive-through services
|
2 stacking spaces per drive-through, plus 10
additional spaces
|
|
Drugstores
|
6 per 1,000 square feet of gross leasable floor
area
|
|
Dry cleaners
|
1 per 200 square feet of gross leasable floor
area
|
|
Fast-food establishment
|
1 per 2 seats, plus 1 per employee in the maximum
shift
|
|
Funeral homes
|
1 per 50 square feet of floor space in slumber
rooms, parlors and individual service rooms
|
|
Hospitals
|
1 per 2 beds, plus 1 per 2 employees, plus 1
per staff doctor
|
|
Hotels
|
1 per room, plus 1 per employee in maximum shift,
plus 2/3 of the standard requirement for any space occupied by convention,
restaurant and barroom facility
|
|
Industrial and wholesale establishments
|
1 per 1.2 employees, based on the highest expected
average employee occupancy
|
|
Laundromats
|
1 per 2 washing machines
|
|
Lodges
|
1 per 50 square feet of gross floor area
|
|
Motels
|
1 per rental unit, plus 1 per employee in maximum
shift
|
|
Multifamily, residential
|
2 1/2 per dwelling unit
|
|
Multifamily, senior citizen
|
1 per 2 housing dwelling units
|
|
Non-retail business
|
1 per 225 square feet of gross leasable floor
area
|
|
Nursing and convalescent homes
|
1 per 3 beds and 1 per employee based on expected
average employee occupancy
|
|
Personal service establishments
|
1 per 100 square feet of gross leasable area
|
|
Professional offices, business services and
veterinary offices
|
1 per 225 square feet of gross leasable area
|
|
Public utility offices
|
1 per 50 square feet of floor area
|
|
Recreational
| |
|
Indoor
|
5 per 1,000 square feet of floor area
|
|
Outdoor
|
2 per 1,000 square feet of playing area
|
|
Residential
|
2 per dwelling unit
|
|
Restaurants
[Amended 12-6-2001] |
1 per employee in the maximum shift, plus 1
for every 2 1/2 seats
|
|
Retail stores
|
6 per 1,000 square feet of gross leasable floor
area
|
|
Retail/warehouse stores
[Added 12-3-1998] |
5 spaces per 1,000 square feet of gross leasable
floor area
|
|
Riding stables
|
1 per 2 rental stalls
|
|
Self-service storage facilities
[Added 12-1-2005] |
1 parking space for every 50 storage units
|
|
Senior living community
|
1 per residential unit and 1 per staff member[3]
|
|
Service stations with convenience store
|
1 per employee, plus 3 per service bay, plus
1 per 100 square feet of gross floor area; minimum of 5
|
|
Service stations without convenience store
|
1 per employee, plus 3 per service bay
|
|
Schools
| |
|
Elementary, junior high and equivalent
|
2 per classroom, plus bus spaces equal to number
of buses private or parochial schools
|
|
Senior high and equivalent private or parochial
schools
|
5 per classroom, plus bus spaces equal to number
of buses
|
|
College and university
|
1 per 30 square feet of classroom floor area
|
|
Shopping center greater than 200,000 square
feet of gross floor area
|
5 per 1,000 square feet of gross floor area
|
|
Shopping center less than 200,000 square feet
of gross floor area
|
6 per 1,000 square feet of gross floor area
|
|
Theaters, auditoriums and places of assembly
with fixed seats
|
1 per 2 seats
|
|
Townhouses
[Added 7-2-1997] |
2 spaces per dwelling unit
|
|
Video stores
|
1 per 200 square feet of gross leasable floor
area.
|
[3]
Notwithstanding anything to the contrary,
if the Planning Board, as part of the site plan approval process for
a senior living community, determines that less than the required
number of parking spaces shall satisfy the intent of this chapter
because of variations in the time of maximum use or any other reason,
the Planning Board may waive the improvement of not more than 25%
of the required number of residential parking spaces. In such case,
it shall be demonstrated, on the site plan, that sufficient usable
lot area remains for the eventual provision of the total number of
required parking spaces. All unimproved parking spaces shall be used
and maintained as landscaped grounds until required for parking and
shall be improved for parking in accordance with the approved site
plan within six months after written notice is given by the Town to
the property owner stating that improvement of all or a portion of
the unimproved parking spaces is necessary.
[1]
Editor's Note: See also additional regulations
in the applicable zoning district.
Off-street loading which is spaced logically,
conveniently located for bulk pickups and deliveries, scaled to delivery
vehicles expected to be used and accessible to such vehicles when
required off-street parking spaces are filled shall be provided for
all commercial and industrial uses. Required off-street loading space
is not to be included as off-street parking space.
Any use that may be obnoxious or injurious or
results in the emission of odor, dust, smoke, refuse matter, fumes,
noise, vibrations or similar conditions or that is dangerous or disturbing
to the comfort, peace, enjoyment, health or safety of the community
is prohibited.
All developments proposed for the Town of Wilton
shall meet the minimum air and water quality control standards established
by the State of New York. The New York State Uniform Fire Prevention
and Building Code shall prevail unless the Town has specifically adopted
other codes which supersede.
A.
Water storage areas, retention/detention areas may
be required to be enclosed by a fence as deemed necessary by the Planning
Board.
B.
All swimming pools shall require a building permit
and a fence enclosing the area, per Part 720, Swimming Pool Enclosure,
of the New York State Uniform Fire Prevention and Building Code.
[Amended 6-7-2007]
[Amended 11-15-1999]
A.
No snowmobile, boat, trailer, truck or unregistered
vehicle shall be stored in the front yard in any district. In addition,
when such vehicles or boats are stored elsewhere on the lot, they
shall meet a minimum setback of 15 feet from side yard and rear yard.
B.
Storage or parking of a commercial vehicle in a residential
zone shall be prohibited.
(1)
A commercial vehicle shall be any vehicle which
would require a commercial drivers license to legally operate on a
public road.
(2)
Existing residential lots and properties containing
commercial vehicles shall have one year from the effective date of
this amendment to be brought into compliance.
Agricultural uses shall include roadside stands
for the sale of agricultural products if:
A.
Residential use.
(1)
Special use permits for temporary dwellings,
including mobile homes, which meet the requirements for a certificate
of occupancy, used in conjunction with construction of a dwelling,
may be issued by the Zoning Board of Appeals, provided that the applicant
furnishes a construction schedule and a building permit by the Building
Inspector for the proposed construction.
[Amended 8-1-2019]
(2)
The special use permit may be used initially
for a six-month period but may be renewed up to a total of two years
from initial application, at six-month intervals, provided that the
Building Inspector verifies, in writing, that the construction schedule
is being achieved or that exceptions to the schedule are reasonable.
[Amended 8-1-2019]
(3)
Any six-month extension after the two-year period
requires the approval of the Town Board after a public hearing and
receipt of written recommendations from the Zoning Board of Appeals,
the Planning Board and the Building Inspector.
(4)
Residing in the basement or foundation of structures
before the completion of the total structure shall be prohibited.
B.
Nonresidential use.
[Amended 7-2-1997]
(1)
Temporary mobile homes or trailers used in conjunction
with construction work shall be permitted. A temporary mobile home
or trailer may be located on the site of a work project and shall
be used solely as an office or storage house in connection with the
work project, provided that it is removed within 30 days after completion
of such project. A temporary mobile home or trailer shall not be used
as a residence.
(2)
Temporary structures/facilities used in conjunction
with construction work shall be permitted. Structures shall be located
on the site of a work project and shall be used solely in conjunction
with the work project. These structures shall be removed prior to
the completion of said project.
This section is to regulate commercial sales
within the Town which are temporary or seasonal in nature and which
would not normally be subject to site plan approval by the Planning
Board. Such activities have an impact upon the Town's Zoning Ordinance
but are not subject to the more rigorous provisions contained herein,
but certain standards are imposed to protect the health, welfare and
safety of the residents.
A.
Licensing; permits. Notwithstanding the provisions
of this section, all licensing and registration requirements contained
in Chapter 85 shall apply to all temporary merchants. No permit shall
be issued to conduct sales as a temporary merchant unless the applicant
satisfies the conditions of this section and secures a temporary merchant
certificate from the Director of Planning. No permit shall be issued
for more than four months within a one-year period; no permit shall
be issued for consecutive four-month periods within a two-year period,
unless approved by the Planning Board.
[Amended 11-7-2002]
B.
Performance regulations.
(1)
All applicants proposing to sell food items
shall be required to obtain a food handler's license from the New
York State Department of Health.
(2)
Locations shall be restricted to established
off-street parking areas within nonresidential zoning districts. Said
locations shall be improved and designed to provide regulation size
parking spaces for a minimum of 10 vehicles. Both active and inactive
off-street parking areas may be utilized if the above criteria is
met.
(3)
Not more than one temporary merchant per lot
shall be permitted.[1] Temporary merchants shall be prohibited within 1,000 feet
of an established commercial business engaged in similar activity
at the time of the application for permit. A minimum distance of 2,000
feet shall be maintained between locations for temporary merchants.
[1]
Unless the lot is greater than 12 1/2
acres, in which case not more than one temporary merchant per 12 1/2
acres shall be permitted and a minimum distance of 1,000 feet shall
be maintained between the temporary merchants on said lot.
(4)
Temporary merchants shall be prohibited from
conducting business on municipal property or in a Town right-of-way
unless authorized by the Town Board.
(6)
One freestanding sign per temporary merchant
may be permitted. Signs shall be constructed of a durable material
and maintained in a presentable condition. Flashing lights shall be
prohibited. No sign shall be placed within 15 feet of a property line
or within an established sight triangle for interior lanes or access
driveways. All freestanding signs shall be removed and properly secured
during nonoperating hours of the temporary merchant. Maximum sign
face shall not exceed 16 square feet and shall not exceed four feet
in height.
C.
Exemptions. All exemptions contained in Chapter 85
of this Town Code shall apply to this section.
D.
Appeals. Any applicant denied a permit to operate
as a temporary merchant may appeal to the Planning Board, which shall
have the authority to approve said permit upon suitable findings.
E.
Compliance required. All temporary merchants shall
be subject to the provisions of Chapter 85 upon applying for a permit.
F.
Violations and penalties. Any party who fails to comply
with the provisions of this section shall be notified in writing by
the enforcement official and shall remedy the violation within 24
hours of receipt of the written complaint. Any party who violates
the provisions of this section, including a temporary merchant or
owner of record of an affected property, shall each, upon conviction
thereof, be liable to a fine not to exceed $500 or imprisonment for
a term not exceeding 90 days, or both such fine and imprisonment.
Each and every day such violation continues shall be deemed a separate
and distinct violation.
[Added 6-6-1996; amended 11-15-1999]
A.
In cases where two or more uses occur on the same
property, the area requirements for each use shall be combined to
calculate the total square footage required.
B.
Where a single property is leased to more than one
tenant, other than in a single structure, the lease line shall be
considered as a lot line for the purpose of determining minimum requirements,
and that leased portion of the lot shall conform to all of the space,
bulk, setback and parking requirements in the applicable zone.
[Added 11-15-1999]
No building permit shall be issued on a property
if a zoning violation is known to exist.
[Added 11-15-1999]
No fencing, shrubbery or other type of obstruction
shall be placed in the Town right-of-way, that portion of land between
the front property line and the paved portion of the roadway. Mailboxes
are exempted from this section.
[Added 12-1-2005]
In cases where the Town Historian has identified
a building or site as an historically significant feature, the Town
Historian shall be given a thirty-day opportunity upon notification
to review and catalogue the site for inventory purposes.
[Added 8-4-2005; amended 3-1-2007; 2-7-2013]
A.
Site design.
(1)
A twenty-eight-foot setback from the right-of-way
should be (required for CR-2, Planning Board option for other zones)
reserved as a municipal easement for amenities, including but not
limited to municipal sewer, water and utilities, and a level grass
area with uniformly spaced street trees, sidewalks and streetlights,
all as the Planning Board may require. The grass area shall be properly
graded and maintained to accommodate the above amenities. See illustrations
- Cross Section with Parking in Rear and Cross Section with Parking
in Front.[1]
[1]
Editor's Note: The illustrations are included
at the end of this section.
(2)
A minimum of 35% green space shall be required.
This green space shall include adequate screening for the rear and
side yards, as determined by the Planning Board. It shall also include
a minimum of a fifty-foot landscaped buffer along the boundary line
of abutting residential districts or properties currently used for
residential uses. Such landscape buffer shall contain screen plantings
of trees, hedges, shrubs, etc., to provide an effective visual and
sound buffer between districts.
(3)
Stormwater basins shall be at the rear or side
of the parcel unless proven to be otherwise impractical.
(4)
Storage, loading and docking areas shall be
to the rear of the building and screened from the road and adjacent
neighboring parcels. The Planning Board may allow side or front yard
loading, or side yard storage, based upon the following considerations:
type of business; adjacent uses; traffic and pedestrian circulation;
aesthetics; and pedestrian accessibility.
(5)
Drive-through windows shall be in the side or
rear yard only.
(6)
Existing vegetation and mature trees shall be
preserved, wherever possible.
(7)
No merchandise, products, equipment, advertising
or similar material or other objects, except for signs and approved
display areas, are to be placed in front of the front line of the
structure.
(8)
No uses shall be permitted or conducted in any
manner which would render it noxious or offensive by reason of dust,
odor, refuse, smoke, fumes, noise, vibration or glare, as determined
by the Town of Wilton or its agent.
B.
Building design and amenities.
(1)
Buildings shall be oriented to front and relate
to public streets to the greatest extent possible. The main entry
shall be on the front and/or side of the building.
(2)
The Planning Board may deviate from the sign requirements set forth in § 129-181 by permitting the collocation of detached signs, whenever practical.
(3)
All lights, whether pole or building mounted,
shall be shielded such that light is adequately directed away from
off site areas.
C.
Parking and vehicle access.
(1)
Up to 33% of total parking may occur in the
front or side yard of building with the remaining 67% of parking placed
in the rear of the building. The Planning Board may adjust these criteria
in cases of unusual lot size or configuration. See illustration -
Building Site Design with Side and Rear Parking and Building Site
Design with Front, Side and Rear Parking for the RB-1, CR-1, CR-2,
C-2, and C-3 Districts.[2]
[2]
Editor's Note: The illustrations are included
at the end of this section.
(2)
Paved area side and rear yard setbacks shall
be a minimum of 15 feet, and front setback shall be a minimum of 30
feet. When uses abut any residential district (R-1, R-2, or R-3) or
exclusively residential PUD district, the setback for the paved area
in the side yard and/or rear yard that abuts said district shall be
a minimum of 50 feet to 100 feet. The Planning Board shall determine
the exact amount of setback based on the need, quality, and/or effectiveness
of the proposed buffer.
[Amended 8-1-2019]
(3)
The Planning Board may deviate from the parking standards set forth in § 129-161, Off-street parking, based upon the following considerations: type of business; shared parking arrangements; adjacent uses; aesthetics; and pedestrian accessibility.
(4)
For the purpose of assuring safe and continuous movement of
vehicles, access easements providing interconnections between the
rear yards of adjoining parcels shall be evaluated by the Planning
Board. The design and location of the interconnections shall be determined
during the site plan review process.
[Amended 8-1-2019]
(5)
Shared driveways are strongly encouraged. Points
of egress and ingress should be at one side of the property for the
purpose of encouraging shared points of access. Curb cuts are required
to be consolidated to the greatest extent possible.
E.
Figures. CR-2 Zone requires 28' easement, sidewalk,
& streetlights.
(1)
Cross Section with Parking in Rear (RB-1, CR-1,
CR-2, C-2, and C-3 Districts).
 |
(2)
Cross Section with Parking in Front (RB-1, CR-1,
CR-2, and C-3 Districts).
 |
(3)
Building Site Design with Side and Rear Parking
(RB-1, CR-1, C-2, CR-2, and C-3 Districts).
 |
(4)
Building Site Design with Front, Side and Rear
Parking (RB-1, CR-1, C-2, CR-2, and C-3 Districts).
 |
