Town of Wilton, NY
Saratoga County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
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Editor's Note: Former § 129-153, Required setback, was repealed 7-2-2002. This section was also repealed 4-3-2003.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:
A. 
An accessory building of 170 square feet or less in area and a maximum of 12 feet in height may be placed a minimum of five feet from the rear and/or side lot line or easement.
[Amended 2-7-2013]
B. 
Inground swimming pools.
(1) 
Fifty-foot front yard setback.
(2) 
Side and rear yard setbacks shall be as follows, whichever dimension is larger:
(a) 
Twenty feet from property lines.
(b) 
Ten feet from easements.
C. 
Aboveground swimming pools.
(1) 
Fifty-foot front yard setback.
(2) 
Side and rear yard setbacks shall be as follows, whichever dimension is larger:
(a) 
Twenty feet from property lines.
(b) 
Ten feet from easements.
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. 
They are erected at least 25 feet back from the pavement but not within the right-of-way line.
B. 
They are an accessory agricultural use for the sale of agricultural products grown locally.
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.
(5) 
(Reserved)[2]
[2]
Editor's Note: Former Subsection B(5), limiting the area to be occupied by a temporary merchant, was deleted 8-4-2005.
(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.
D. 
Additional requirements.
(1) 
For all permitted uses and special permitted uses, § 129-176 shall be reviewed for additional requirements.
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).