A.
Purpose. The purpose of the Agricultural Conservation (AC) District
is to regulate land use, which includes working farmland, fallow land,
woodland and wetland areas, for low-density residential development
in a manner to support agricultural operations, to preserve open spaces
and to conserve the natural environment.
[Amended 9-7-2010 by L.L. No. 1-2010]
B.
Permitted principal uses.
[Amended 9-7-2010 by L.L. No. 1-2010]
(1)
One single-family dwelling.
(2)
Customary agricultural operations, including but not limited to plant
nursery, greenhouse operations, fruit growing and processing, dairy,
animal husbandry, wood cutting, feed and farming operations, storage
of farm produce, farmworker housing and repairing of farm implements
incidental to the maintenance of the agricultural operations, subject
to the following restrictions:
(a)
No building in which farm animals are kept or agricultural products
are handled shall be closer than 150 feet to the front lot line and
100 feet to a side or rear property line.
(b)
No storage of waste materials or products from the agricultural
operations shall be permitted within 100 feet of any adjoining lot
line.
(c)
Farm frontage may be used for the sale of farm products, provided
that any temporary or movable stand, table or shelf used for the display
or sale of such product shall be at least 25 feet from the nearest
edge of the roadway and be moved to the rear yard of the primary structure
or, if no primary structure exists on the property, be placed behind
the front setback line for principal buildings at the end of the growing
season, but no later than December 1 of each year. An open area of
at least 1,200 square feet, suitably graded, shall be provided for
off-street customer parking. Permanent buildings for such purpose
must comply with principal building requirements as to setback and
side yards.
[Amended 1-15-2013 by L.L. No. 1-2013]
(d)
Premises for agricultural operations shall not be less than
five acres in size.
(e)
For farm operations as defined in Article 25AA, Section 301.11 of New York State Agriculture and Markets Law and located within a certified agricultural district, Subsection B(2)(a), (b) and (d) above shall not apply. For such operations, a minimum setback of 100 feet must be maintained between any storage of animal waste or buildings in which animals are kept and any well, dwelling or stream bank.
C.
Permitted accessory uses.
[Amended 4-15-2003; 9-7-2010 by L.L. No. 1-2010]
(1)
Home occupations, as defined herein, conducted by the resident only,
provided that there is no external evidence of such operations, except
one sign not exceeding two square feet in area.
(2)
A one-story garage, greenhouse, storage barn or utility shed. Excluding
the garage, the total area of all accessory structures associated
with a single-family residence shall not exceed 2,000 square feet,
provided that such building or use is incidental to the principal
use. This requirement shall not apply to farm operations.
(3)
Decks or porches, provided that the total area does not exceed the
first-floor area of the primary dwelling.
(4)
Tennis courts or swimming pools for the private, noncommercial use
of the residents of the premises.
(5)
Seasonal storage of recreational vehicles shall be permitted only
if the vehicle is owned by an occupant of the residence.
(6)
The keeping of horses and other animals according to the requirements of Article X of this chapter.
(8)
Farmworker housing to support an individual agricultural operation, subject to site plan review and the criteria in § 165-56, when such housing is needed to support an individual agricultural operation as defined by the New York State Department of Agriculture and Markets and located in a certified agricultural district.
D.
Special permitted uses. The following uses may be permitted by the Zoning Board of Appeals according to the requirements of Article IX of this chapter:
[Amended 12-1-1998; 9-7-2010 by L.L. No. 1-2010]
(1)
Farmworker housing to support an individual agricultural operation,
except when such housing is needed to support an individual agricultural
operation as defined by the New York State Department of Agriculture
and Markets and located in a certified agricultural district.
(2)
Animal boarding facilities.
(3)
Cemeteries.
(4)
Essential services, excluding structures, maintenance facilities
or storage yards for area utility services.
(5)
Tourist homes.
(6)
Camping grounds.
(7)
Accessory apartments.
(8)
Golf courses, excluding indoor recreation facilities.
(9)
Golf driving ranges.
E.
Dimensional requirements for the Agricultural Conservation
(AC) District.
(1)
The dimensional requirements for this district are
specified in Schedule I which is a part of this chapter.[1]
[1]
Editor's Note: Schedule I is attached to this chapter.
(3)
Each principal dwelling unit shall have, at a minimum,
one two-car garage, at least 20 feet in width and containing an area
of not less than 480 square feet.
A.
Purpose. The purpose of the Rural Residential (RR)
District is to regulate land for low-density residential development
in areas with limited opportunities for public sewers and having soils
with poor percolation rates so as to preserve the rural character,
to retain the open space and to conserve the natural resources.
B.
Permitted principal uses.
[Amended 9-7-2010 by L.L. No. 1-2010]
(1)
One single-family dwelling.
(2)
Customary agricultural operations, including but not limited to plant
nursery, greenhouse operations, fruit growing and processing, dairy,
animal husbandry, wood cutting, feed and farming operations, storage
of farm produce, farmworker housing, when such housing is needed to
support an individual agricultural operation as defined by the New
York State Department of Agriculture and Markets and located in a
certified agricultural district, and repairing of farm implements
incidental to the maintenance of the agricultural operations, subject
to the following restrictions:
(a)
No building in which farm animals are kept or agricultural products
are handled shall be closer than 150 feet to the front lot line and
100 feet to a side or rear property line.
(b)
No storage of waste materials or products from the agricultural
operations shall be permitted within 100 feet of any adjoining lot
line.
(c)
Farm frontage may be used for the sale of farm products, provided
that any temporary or movable stand, table or shelf used for the display
or sale of such product shall be at least 25 feet from the nearest
edge of the roadway and be moved to the rear yard of the primary structure
or, if no primary structure exists on the property, be placed behind
the front setback line for principal buildings at the end of the growing
season, but no later than December 1 of each year. An open area of
at least 1,200 square feet, suitably graded, shall be provided for
parking space for the use of customers and to eliminate traffic hazards.
Permanent buildings for such purpose must comply with principal building
requirements as to setback and side yards.
[Amended 1-15-2013 by L.L. No. 1-2013]
(d)
Premises for agricultural operations shall not be less than
five acres in size
(e)
For farm operations as defined in Article 25AA, Section 301.11 of New York State Agriculture and Markets Law and located within a certified agricultural district, Subsection B(2)(a), (b) and (d) above shall not apply. For such operations, a minimum setback of 100 feet must be maintained between any storage of animal waste or buildings in which animals are kept and any well, dwelling or stream bank.
C.
Permitted accessory uses.
[Amended 9-7-2010 by L.L. No. 1-2010]
(1)
Customary home occupations or professional offices conducted by the
resident only, provided that there is no external evidence of such
occupations, except one sign not exceeding two square feet in area.
(2)
A one-story garage, greenhouse, storage barn or utility shed. Excluding
the garage, the total area of all permitted accessory structures shall
not exceed 1,500 square feet, provided that such building or use is
incidental to the principal use. This requirement shall not apply
to farm operations.
(3)
Decks or porches, provided that the total area does not exceed the
first-floor area of the primary dwelling.
(4)
Tennis courts or swimming pools for the private, noncommercial use
of the residents of the premises.
(5)
Seasonal storage of recreational vehicles shall be permitted only
if the vehicle is owned by an occupant of the residence.
(6)
The keeping of horses and other animals according to the requirements of Article X of this chapter.
(8)
Farmworker housing to support an individual agricultural operation, subject to site plan review and the criteria in § 165-56, when such housing is needed to support an individual agricultural operation as defined by the New York State Department of Agriculture and Markets and located in a certified agricultural district.
D.
Special permitted uses. The following uses may be permitted by the Zoning Board of Appeals according to the requirements of Article IX of this chapter:
[Amended 9-7-2010 by L.L. No. 1-2010]
(1)
Farmworker housing to support an individual agricultural operation.
(2)
Churches, parish houses or convents.
(3)
Public or parochial schools, public libraries or public museums.
(4)
Golf courses, excluding indoor recreation facilities.
(5)
Hospitals, convalescent homes, homes for the aged, nursing homes
or proprietary care facilities.
(6)
Adult day-care, child care and nursery schools.
(7)
Animal boarding facilities.
(8)
Funeral homes.
(9)
Tourist homes.
(10)
Cemeteries.
(11)
Essential services, excluding structures, maintenance facilities
or storage yards for area utility services.
(12)
Accessory apartments.
(13)
Camping grounds.
E.
Dimensional requirements for the Rural Residential
(RR) District.
(1)
The dimensional requirements for this district are
specified in Schedule I which is a part of this chapter.[1]
[1]
Editor's Note: Schedule I is attached to this chapter.
(3)
Each principal dwelling unit shall have a two-car
garage with a minimum width of not less than 20 feet and containing
an area of not less than 480 square feet.
A.
Purpose. The purpose of the Medium Density Residential
(MD) District is to regulate land use for medium density residential
development in areas with sewers and water facilities or if soils
are suitable to accommodate medium density residential development.
Such development is to be planned in a manner so as to retain open
space and to conserve significant environmental features.
B.
Permitted principal uses.
[Amended 9-7-2010 by L.L. No. 1-2010]
(1)
One single-family dwelling.
(3)
Customary agricultural operations, including but not limited to plant
nursery, greenhouse operations, fruit growing and processing, dairy,
animal husbandry, wood cutting, feed and farming operations, storage
of farm produce, farm worker housing and repairing of farm implements
incidental to the maintenance of the agricultural operations, subject
to the following restrictions:
(a)
No building in which farm animals are kept or agricultural products
are handled shall be closer than 150 feet to the front lot line and
100 feet to a side or rear property line.
(b)
No storage of waste materials or products from the agricultural
operations shall be permitted within 100 feet of any adjoining lot
line.
(c)
Farm frontage may be used for the sale of farm products, provided
that any temporary or movable stand, table or shelf used for the display
or sale of such product shall be at least 25 feet from the nearest
edge of the roadway and be moved to the rear yard of the primary structure
or, if no primary structure exists on the property, be placed behind
the front setback line for principal buildings at the end of the growing
season, but no later than December 1 of each year. An open area of
at least 1,200 square feet, suitably graded, shall be provided for
parking space for the use of customers and to eliminate traffic hazards.
Permanent buildings for such purpose must comply with principal building
requirements as to setback and side yards.
[Amended 1-15-2013 by L.L. No. 1-2013]
(d)
Premises for agricultural operations shall not be less than
five acres in size.
(e)
For farm operations as defined in Article 25AA, Section 301.11 of New York State Agriculture and Markets Law and located within a certified agricultural district, Subsection B(3)(a), (b) and (d) above shall not apply. For such operations, a minimum setback of 100 feet must be maintained between any storage of animal waste or buildings in which animals are kept and any well, dwelling or stream bank.
(f)
Farmworker housing to support an individual agricultural operation, when such housing is needed to support an individual agricultural operation as defined by the New York State Department of Agriculture and Markets and located in a certified agricultural district, shall be subject to site plan review and the criteria in § 165-56.
C.
Permitted accessory uses.
[Amended 9-7-2010 by L.L. No. 1-2010]
(1)
Customary home occupations or professional offices conducted by the
resident only, provided that there is no external evidence of such
occupations, except one sign not exceeding two square feet in area.
(2)
One-story garage, storage barn or utility shed. Excluding the garage,
the total building area of accessory buildings shall not exceed 600
square feet in area, provided that such buildings or use are incidental
to the principal use. The regulations governing the size of the accessory
buildings shall not apply to farming operations.
(3)
Decks or porches, provided that the total area does not exceed the
first-floor area of the primary dwelling.
(4)
Tennis courts or swimming pools for the private, noncommercial use
of the residents of the premises.
(5)
Seasonal storage of recreational vehicles shall be permitted only
if the vehicle is owned by an occupant of the residence.
(6)
The keeping of horses and other animals according to the requirements of Article X of this chapter.
(8)
Farmworker housing to support an individual agricultural operation, subject to site plan review and the criteria in § 165-56, when such housing is needed to support an individual agricultural operation as defined by the New York State Department of Agriculture and Markets and located in a certified agricultural district.
D.
Special permitted uses. The following uses may be permitted by the Zoning Board of Appeals according to the requirements of Article IX of this chapter:
[Amended 9-7-2010 by L.L. No. 1-2010]
(1)
Temporary housing to support an individual agricultural operation.
(2)
Churches, parish houses or convents.
(3)
Public or parochial schools, public libraries or public museums.
(4)
Membership clubs, lodges or social centers, except those whose activity
is a service customarily carried on as a business and primarily for
gain.
(5)
Hospitals, convalescent homes, homes for the aged, nursing homes
or proprietary-care facilities.
(6)
Adult day-care, child care and nursery schools.
(7)
Animal boarding facilities.
(8)
Tourist homes.
(9)
Funeral homes.
(10)
Cemeteries.
(11)
Essential services, excluding structures, maintenance facilities
or storage yards for area utility services.
(12)
Accessory apartments.
(13)
Golf courses, excluding indoor recreation facilities.
(14)
Nonprofit social centers for charitable, cultural or community
purposes.
E.
Dimensional requirements for Medium Density Residential
(MD) District.
(1)
The dimensional requirements for this district are
specified in Schedule I which is a part of this chapter.[1]
[1]
Editor's Note: Schedule I is attached to this chapter.
(3)
Each principal dwelling unit shall have a garage with
a minimum width of 14 feet and containing an area of not less than
280 square feet area.
A.
Purpose. The purpose of the High-Density Residential
(HD) District is to: regulate land use to encourage medium-to-high
density residential development by permitting a variety of housing
types in areas with public water and sewer services; provide a greater
opportunity for residential development at lower costs; and to provide
greater opportunities for the conservation of land in meaningful open
space.
B.
Permitted principal uses.
[Amended 9-7-2010 by L.L. No. 1-2010]
(1)
One single-family dwelling.
(3)
Customary agricultural operations, including but not limited to plant
nursery, greenhouse operations, fruit growing and processing, dairy,
animal husbandry, wood cutting, feed and farming operations, storage
of farm produce, and repairing of farm implements incidental to the
maintenance of the agricultural operations, subject to the following
restrictions:
(a)
No building in which farm animals are kept or agricultural products
are handled shall be closer than 150 feet to the front lot line and
100 feet to a side or rear property line.
(b)
No storage of waste materials or products from the agricultural
operations shall be permitted within 100 feet of any adjoining lot
line.
(c)
Farm frontage may be used for the sale of farm products, provided
that any temporary or movable stand, table or shelf used for the display
or sale of such product shall be at least 25 feet from the nearest
edge of the roadway and be moved to the rear yard of the primary structure
or, if no primary structure exists on the property, be placed behind
the front setback line for principal buildings at the end of the growing
season, but no later than December 1 of each year. An open area of
at least 1,200 square feet, suitably graded, shall be provided for
parking space for the use of customers and to eliminate traffic hazards.
Permanent buildings for such purpose must comply with principal building
requirements as to setback and side yards.
[Amended 1-15-2013 by L.L. No. 1-2013]
(d)
Premises for agricultural operations shall not be less than
five acres in size.
(e)
For farm operations as defined in Article 25AA, Section 301.11 of New York State Agriculture and Markets Law and located within a certified agricultural district, Subsection B(3)(a), (b) and (d) above shall not apply. For such operations, a minimum setback of 100 feet must be maintained between any storage of animal waste or buildings in which animals are kept and any well, dwelling or stream bank.
C.
Permitted accessory uses.
[Amended 9-7-2010 by L.L. No. 1-2010]
(1)
Customary home occupations or professional offices conducted by the
resident only, provided that there is no external evidence of such
occupations, except one sign not exceeding two square feet in area.
(2)
A one-story garage, shelter, storage barn or utility shed. In addition
to the garage, the total building area of accessory buildings shall
not exceed 400 square feet in area, provided that such buildings or
use is incidental to the principal use. The regulations governing
the size of accessory buildings shall not apply to farm operations.
(3)
Decks or porches, provided that the total area does not exceed the
first-floor area of the primary dwelling.
(4)
Tennis courts or swimming pools for the private, noncommercial use
of the residents of the premises.
(5)
Seasonal storage of recreational vehicles shall be permitted only
if the vehicle is owned by an occupant of the residence.
(6)
The keeping of horses and other animals according to the requirements of Article X of this chapter.
(8)
Farmworker housing to support an individual agricultural operation, subject to site plan review and the criteria in § 165-56, when such housing is needed to support an individual agricultural operation as defined by the New York State Department of Agriculture and Markets and located in a certified agricultural district.
D.
Special permitted uses. The following uses may be permitted by the Zoning Board of Appeals according to the requirements of Article IX of this chapter:
[Amended 9-7-2010 by L.L. No. 1-2010]
(1)
Farmworker housing, when such housing is needed to support an individual
agricultural operation as defined by the New York State Department
of Agriculture and Markets and located in a certified agricultural
district in support of an individual agricultural operation.
(2)
Two-family dwellings.
(3)
Tourist homes.
(4)
Churches, parish houses or convents.
(5)
Public or parochial schools, public libraries or public museums.
(6)
Membership clubs, lodges or social centers, except those whose activity
is a service customarily carried on as a business and primarily for
gain.
(7)
Hospitals, convalescent homes, nursing homes or proprietary-care
facilities.
(8)
Adult day-care, child care and nursery schools.
(9)
Essential services, excluding structures, maintenance facilities
or storage yards for area utility services.
(10)
Accessory apartments.
(11)
Nonprofit social centers for charitable, cultural or community
purposes.
E.
Dimensional requirements for High Density Residential
(HD) District.
(1)
The dimensional requirements for this district are
specified in Schedule I which is a part of this chapter.[1]
[1]
Editor's Note: Schedule I is attached to this chapter.
(3)
Each principal dwelling unit shall have a garage with
minimum 14 feet width and containing an area of not less than 280
square feet area.
[Amended 9-7-2010 by L.L. No. 1-2010]
A.
Purpose. The purpose of the Waterfront Residential
(WF) District is to regulate land use for smaller lots of mixed residential
and lakeshore use in areas that were developed before zoning regulations
were adopted and where further development depends on the availability
of public water and sewer services.
B.
Permitted principal uses.
(1)
One single-family dwelling.
(3)
Customary agricultural operations, including but not limited to plant
nursery, greenhouse operations, fruit growing and processing, dairy,
animal husbandry, wood cutting, feed and farming operations, storage
of farm produce, and repairing of farm implements incidental to the
maintenance of the agricultural operations, subject to the following
restrictions:
(a)
No building in which farm animals are kept or agricultural products
are handled shall be closer than 150 feet to the front lot line and
100 feet to a side or rear property line.
(b)
No storage of waste materials or products from the agricultural
operations shall be permitted within 100 feet of any adjoining lot
line.
(c)
Farm frontage may be used for the sale of farm products, provided
that any temporary or movable stand, table or shelf used for the display
or sale of such product shall be at least 25 feet from the nearest
edge of the roadway and be moved to the rear yard of the primary structure
or, if no primary structure exists on the property, be placed behind
the front setback line for principal buildings at the end of the growing
season, but no later than December 1 of each year. An open area of
at least 1,200 square feet, suitably graded, shall be provided for
parking space for the use of customers and to eliminate traffic hazards.
Permanent buildings for such purpose must comply with principal building
requirements as to setback and side yards.
[Amended 1-15-2013 by L.L. No. 1-2013]
(d)
Premises for agricultural operations shall not be less than
five acres in size.
(e)
For farm operations as defined in Article 25AA, Section 301.11 of New York State Agriculture and Markets Law and located within a certified agricultural district, Subsection B(3)(a), (b), and (d) above shall not apply. For such operations, a minimum setback of 100 feet must be maintained between any storage of animal waste or buildings in which animals are kept and any well, dwelling or stream bank.
C.
Permitted accessory uses.
(1)
Customary home occupations or professional offices conducted by the
resident only, provided that there is not external evidence of such
occupations, except one sign not exceeding two square feet in area.
(2)
A one-story garage, shelter, storage barn or utility shed. Excluding
the garage, the total area of all accessory structures shall not exceed
400 square feet. Such buildings and their use shall be incidental
to the principal use. The regulations governing the size of the accessory
buildings shall not apply to farming operations.
(3)
Decks or porches, provided that the total area does not exceed the
first-floor area of the primary dwelling.
(4)
Tennis courts or swimming pools for the private, noncommercial use
of the residents of the premises.
(5)
Seasonal storage of recreational vehicles shall be permitted only
if the vehicle is owned by an occupant of the residence.
(7)
Notwithstanding the requirements of § 165-82C(3), accessory structures located on lots in the WF District with frontage along Lake Ontario may be located in any part of the lot, including the area between the principal building and the street line, provided that such structures maintain a minimum setback of 25 feet from the street line, 25 feet from the water's edge, and 10 feet from any other lot line. For the purpose of these setback requirements, the "water's edge" shall be measured from the breakwall, gabion stone wall or similar structure, if such exists on the property. If a clear demarcation of the "water's edge" is not provided by a breakwall, gabion stone wall or similar structure, the water's edge shall be the mean high-water mark, or, alternatively, the Code Enforcement Officer may measure the setback from a line extended from a breakwall, stone gabion wall or similar structure on an adjoining property across the subject property.
[Amended 1-15-2013 by L.L. No. 1-2013]
D.
Special permitted uses. The following uses may be permitted by the Zoning Board of Appeals according to the requirements of Article IX of this chapter:
E.
Dimensional requirements for Waterfront Residential
(WF) District.
(1)
The dimensional requirements for this district are
specified in Schedule I which is a part of this chapter.[1]
[1]
Editor's Note: Schedule I is included at the end of this chapter.
(3)
Each principal dwelling unit shall have a garage with
a minimum width of not less than 14 feet containing an area of not
less than 280 square feet.
A.
Purpose. The purpose of the Townhouse Residential
(TH) District is to regulate land use for high-density residential
development, to provide a variety of housing types in an area with
public water and sewer services and to serve as a transition between
the residential and business districts. The Town Board may on its
own motion, or in response to an application, amend the Zoning Map
to establish a Townhouse Residential (TH) District. In reaching its
decision, the Town Board shall consider this statement of purpose,
the general criteria set forth in this chapter and the current Comprehensive
Plan for the Town.
B.
Permitted principal uses.
C.
Permitted accessory uses.
(1)
Detached garage structures.
(2)
Decks or porches, provided that each serves only a
single dwelling unit.
(3)
Tennis courts or swimming pools for the private, noncommercial
use of the residents of the premises.
(4)
Parks and playground facilities to serve residents
of the premises.
(5)
One utility shed per dwelling unit for the private
use of the individual household, provided that the structure does
not exceed an area of 100 square feet and is located no further than
20 feet from an entrance to the residence to which it is an accessory
use.
D.
Special permitted uses. (This subsection is reserved.)
E.
Requirements for Townhouse Residential (TH) District.
(1)
Each multiple residence building, twin home dwelling
or townhouse structure shall be constructed and maintained in compliance
with the requirements of the Multiple Residence Law and the New York
State Uniform Fire Prevention and Building Code, as applicable. Such
structure shall, however, conform to the local code if the Town has
established more stringent requirements.
[Amended 10-18-2005]
(2)
Each multiple residence, twin home dwelling or townhouse
development shall have a lot area of not less than two acres.
[Amended 10-18-2005]
(3)
There shall be a lot area of not less than 3,500 square
feet for each dwelling unit located on the lot.
[Amended 4-15-2003]
(4)
Each dwelling unit shall provide the following minimum
habitable area. Areas for the common use of occupants such as lobbies
and corridors will not be considered as habitable area.
(a)
Studio apartment (not more than 25% of the total
number of units provided shall be studio units): 500 square feet.
(b)
One-bedroom apartment: 650 square feet.
(c)
Two-bedroom apartment: 800 square feet.
(d)
More than a two-bedroom apartment: 800 square
feet, plus 150 square feet for each additional bedroom.
(e)
Townhouse unit: 950 square feet.
(5)
No building shall contain more than eight dwelling
units.
(6)
Each dwelling unit shall have its own separate full
bathroom.
(7)
All multiple residence, twin home dwelling and townhouse
developments shall provide safe and efficient pedestrian circulation
and site lighting.
[Amended 10-18-2005]
(8)
All multiple residence buildings, twin home dwellings
and townhouse structures shall be served by publicly owned, operated
and maintained water supply and sanitary sewage disposal facilities.
[Amended 10-18-2005]
(9)
Each building shall be provided with suitable containers
for the storage of recyclable materials and refuse collections. Such
containers shall be screened from public view by use of fences or
solid walls.
(11)
Two parking spaces shall be provided for each
dwelling unit. Each parking space shall have a minimum width of nine
feet, and a minimum length of 18 feet. Not less than one parking space
for each dwelling unit shall be enclosed.
[Amended 10-18-2005; 1-15-2013 by L.L. No. 1-2013]
(12)
In addition to the required parking spaces for
each dwelling unit, one additional space shall be provided in common
parking lots for every four dwelling units for the convenience of
residents and their guests. The location of common parking lots shall
be determined by the Planning Board as part of the site plan review
process.
(13)
Each dwelling unit shall have a rear yard adjacent
to the unit which shall be reasonably secluded from view from neighboring
property or streets and which shall include at least 500 square feet
of usable open space.
[Amended 10-18-2005]
(14)
No multiple residence, twin home dwelling or
townhouse development shall have more than 2 stories or be more than
35 feet in height. Spires, chimneys, cupolas, flagpoles and antennas
are exempt from this limitation, provided that the antennas are visually
integrated into the building lines.
[Amended 10-18-2005]
(15)
No room shall be used for living purposes if
more than four feet of its vertical height is below grade.
(16)
No multiple residence, twin home dwelling or
townhouse building shall be less than 18 feet in width.
[Amended 10-18-2005]
(17)
No exterior wall shall exceed 50 feet in length
unless there is a lateral offset of at least four feet in its alignment.
(18)
Except for an accessory structure to an individual
dwelling unit, the minimum distance between a multiple residence or
townhouse dwelling structure and any other structure on a proposed
development site shall be 40 feet and the minimum distance between
a twin home dwelling and any other structure on a proposed development
site shall be 20 feet.
[Amended 12-1-1998; 10-18-2005]
(19)
No swimming pool shall be located within 40
feet of a multiple residence or townhouse dwelling structure or 20
feet from a twin home dwelling.
[Added 12-1-1998; amended 10-18-2005]
(20)
Not less than 25% of the land area within a
multiple residence, twin home dwelling or townhouse development, excluding
parking areas and vehicle access facilities, shall be established
and maintained as open space for the use and enjoyment of residents
and their guests.
[Amended 10-18-2005]
(21)
The coverage of all buildings and structures
within a multiple residence, twin home dwelling or townhouse development
shall not exceed 25% of the area of the entire site.
[Amended 10-18-2005]
(22)
No structure within a multiple residence, twin
home dwelling or townhouse development shall be setback less than
20 feet from any common parking area.
[Amended 10-18-2005]
(23)
No structure within a multiple residence, twin
home dwelling or townhouse development shall be setback less than
75 feet from a state or county highway or 40 feet from a Town road
and not less than 50 feet from the external property line for the
development. However, side yard setbacks for individual lots shall
be zero feet from the property line wherever two townhouse, twin home
dwelling or multifamily dwelling units are joined by a common wall
along the parcel boundary.
[Amended 10-18-2005]
(24)
Notwithstanding the provisions of § 165-128B(2), the height of a privacy fence built upon a deck or other structure shall be limited to a height of four feet from the surface of the deck or other structure.
[Added 10-18-2005]
[Added 2-3-2009 by L.L. No. 1-2009]
A.
Purpose. The purpose of the Planned Development-Senior
Residential District is to:
(1)
Provide a variety of senior-oriented housing
types in an area with public water and sewer services;
(2)
To regulate land use for senior-oriented residential
development in a manner that provides certain advantages over that
which would be obtained under conventional zoning;
(3)
To provide a development framework for senior-oriented
residential communities that results in land uses and physical site
arrangements that are not contemplated under conventional zoning;
(4)
To preserve and enhance natural features of
the site.
B.
Objectives. The following objectives shall be considered
in the development of a PD-SR District:
(1)
Provide for a maximum choice in the types of
environment, occupancy, tenure, types of housing, lot sizes and community
facilities available to existing and potential residents.
(2)
Provide for usable open space and recreation
areas and other facilities serving the community, such as trail ways
to neighboring properties, sitting benches, and the like.
(3)
Provide for access to trail ways, open space
and other community services through clearly designated pathways as
part of the project development.
(4)
Provide for convenient location of commercial
and service areas that are appropriately scaled to serve primarily
residents of the senior residential development and to minimize impacts
on traffic and neighboring properties.
(5)
Provide for safe and efficient vehicular ingress
and egress, as well as circulation within the site.
(6)
Provide for safe and convenient pedestrian access
to facilities within the district, public transportation facilities
and to any existing pedestrian walkways that adjoin the district.
(7)
Provide for auxiliary parking as may be necessary
and ensure that such parking areas are treated with appropriate landscaping
or structural features to allow a more aesthetic presentation to the
entire district.
(8)
Provide for the preservation of trees, outstanding
natural topography and geologic features, and the prevention of soil
erosion.
(9)
Provide for a creative use of land and related
physical development that allows orderly transition of land from rural
to urban uses.
(10)
Provide for an efficient use of land, resulting
in smaller networks of utilities and streets, thereby lowering housing
costs.
(11)
Provide for service alleys to allow safe and
adequate access to structures in the district for purposes of refuse
removal, emergency access and other public or private services.
(12)
Provide for a development pattern consistent
with the objectives of the Comprehensive Plan.
(13)
Provide for special security needs of persons
and property within such district as deemed necessary by the nature
of the development.
(14)
Provide for a more desirable environment than
would be possible through the strict application of other provisions
of the Town's zoning regulations.
(15)
Promote community senior housing in a unique
setting that is appropriate to the anticipated residents of each such
community by utilizing homeowners' or condominium associations, deed
restrictions and other regulatory procedures, where appropriate.
C.
Project size, location and ownership.
(1)
Land to be considered for PD-SR zoning must
contain a minimum of 15 contiguous acres and may be located in any
residential zoning district.
(2)
The tract of land for a project may be owned,
leased or controlled either by a single person, a corporation or by
a group of individuals and/or corporations. An application must be
filed by the owner or jointly by all the owners of property included
in a project. In the case of multiple ownership, the approved plan
shall be binding on all owners.
D.
Procedures to establish a PD-SR District.
(1)
Establishment of PD-SR District. The Town Board
may, on its own motion or in response to an application, amend the
Zoning Map to establish a Planned Development-Senior Residential district.
In reaching its decision, the Town Board shall consider this statement
of purpose, objectives and general criteria set forth in this chapter,
as well as the current Comprehensive Plan for the Town.
(2)
Before the consideration of zoning of any property to a PD-SR District can take place by the Town Board, the owner, or his authorized agent, submit an application for rezoning to PD-SR to the Town Board. Such application shall include a conceptual site plan as described in Article XIII, Site Plan Regulations. The Town Board shall refer the conceptual site plan to the Planning Board, which shall review it in accordance with the site plan approval procedures established in Article XIII. The Planning Board shall submit a report of its findings to the Town Board.
(3)
Upon receipt of a favorable report from the Planning Board covering the conceptual site plan, or upon its own determination subsequent to an unfavorable report, the Town Board shall set a date for and conduct the public hearings necessary for the purpose of considering PD-SR Districting for the applicant's plan in accordance with the procedures established in § 165-7, Amendments.
(4)
Following the public hearing, the Town Board may establish the PD-SR District. PD-SR Districting shall be conditional upon securing of final site plan approval by the applicant in accordance with procedures set forth in Article XIII and compliance with all additional conditions and requirements as may be set forth by the Town Board in its resolution granting the PD-SR Districting.
(5)
The Planning Board shall conduct a single review that will address the requirements of site plan review under the provisions of Article XIII, Site Plan Regulations, as well as those for the review of subdivisions under Town Subdivision Regulations,[1] subject to the following conditions:
(a)
As directed by the Town Planning Board, the
developer shall prepare sets of subdivision plats suitable for filing
with the Office of the Monroe County Clerk, in addition to those drawings
required for site plan review.
(b)
The developer may plat the entire development
either as a subdivision or as a single property. Multiple phases of
development, if any, shall be identified on the plat. The Planning
Board may require that the final site plan/subdivision review for
phases be approved and recorded individually.
E.
Permitted uses.
(1)
Permitted residential uses. All residential
types may be permitted as principal uses, including but not limited
to single-family dwellings, twin home dwellings, townhouse dwelling
units and multiple-residence buildings, provided that the residences
are predominantly designed for persons age 55 or older.
(2)
Permitted public and community service uses.
(a)
Recreation and open space uses which are scaled
primarily to serve the residents of the PD-SR District.
(b)
Indoor or outdoor recreational facilities for
the private, noncommercial use of the residents of the PD-SR District.
(c)
Community buildings and facilities owned and
maintained by the Town.
(3)
Permitted commercial and service uses.
(a)
Offices and clinics of New York State licensed
health care professions, including but not limited to dentists, chiropractic,
optical, physicians, pharmacists, veterinarians or other health care
professions, excluding overnight occupancy, provided that there are
not more than eight professionals per office or clinic.
(b)
Outpatient medical laboratories.
(4)
Special permitted uses. The following uses may be permitted by the Zoning Board of Appeals according to the requirements of Article IX of this chapter:
(a)
Hospitals, convalescent homes, homes for the
aged, nursing homes or proprietary care facilities.
(b)
Adult day care.
(c)
Offices of accountants, real estate brokers,
financial planners, or lawyers.
(d)
A community center or clubhouse for the private,
noncommercial use of the residents of the PD-SR District.
(5)
Permitted accessory uses to residential uses:
(a)
Decks or porches, provided that each serves
only a single dwelling unit.
(b)
Courtyards, gazebos, tennis courts or swimming
pools for the private, noncommercial use of the residents of the PD-SR
District.
(c)
Indoor or outdoor recreational facilities for
the private, noncommercial use of the residents of the PD-SR District.
(d)
Garages for the private, noncommercial use of
the residents and to store vehicles and equipment used in property
maintenance of the PD-SR District.
(e)
One utility shed per dwelling unit for the private
use of the individual household, provided that the structure does
not exceed an area of 100 square feet and is located no further than
20 feet from an entrance to the residence to which it is an accessory
use.
F.
Requirements for residential uses in the Senior Residential
(PD-SR) District.
(1)
Dimensional requirements.
(a)
All single-family dwelling units within a PD-SR
District shall have a living area, excluding the area of porches and
auto garages, of not less than the following when computed using the
outside dimensions of the dwelling unit:
[1]
One-story dwelling with no more
than two bedrooms: a ground floor of 1,020 square feet.
[2]
One-story dwelling with more than
two bedrooms: a ground floor of 1,120 square feet.
[3]
Split-level dwelling: 1,120 square
feet of finished living area above ground.
[4]
Two-story dwelling: 1,300 square
feet of finished living area total, including both floors.
[5]
Raised-ranch dwelling: 1,600 square
feet of living area total, with at least 980 square feet of finished
living area above ground.
(b)
Townhouses, twin home dwellings and multiple-residence
buildings.
[1]
All multiple-residential dwelling
units within a PD-SR District shall have a living area computed on
the outside dimensions of the dwelling unit based on the following
criteria:
|
Type of Unit
|
Minimum Unit Size
(square feet)
| |
|---|---|---|
|
Studio9
|
500
| |
|
One bedroom
|
650
| |
|
Two bedrooms
|
800
| |
|
Three or more bedrooms
|
800, plus 100 for each additional bedroom
| |
|
Townhouse
|
950
|
|
NOTES:
| |
|
9 Not more than 25%
of the total number of units provided shall be studio units.
|
[2]
No building shall contain more
than eight dwelling units.
[3]
Each dwelling unit shall have its
own separate full bathroom.
[4]
All multiple residences, twin home
dwellings and townhouse developments shall provide safe and efficient
pedestrian circulation and site lighting.
[5]
All multiple-residence buildings,
twin home dwellings and townhouse structures shall be served by adequate
water supply and sanitary sewage disposal facilities that are owned,
operated and maintained by a competent entity. On-site water supply
or wastewater disposal facilities intended to serve individual residential
units shall not be permitted.
[6]
Each building shall be provided
with suitable containers for the storage of recyclable materials and
refuse collections. Such containers shall be screened from public
view by use of fences or solid walls.
[7]
All multiple residences, twin home
dwellings and townhouse developments shall have direct access from
the common parking area(s) to a dedicated highway.
[8]
All twin home dwellings and townhouse
developments shall provide two parking spaces for each dwelling unit.
At least one parking space for each dwelling unit shall be enclosed.
[9]
All multiple residences shall provide 1.5 parking
spaces for each dwelling unit. Each parking space shall have a minimum
width of nine feet and a minimum length of 18 feet. The Planning Board,
at its own discretion, may reduce the required number of spaces upon
receipt of sufficient supporting data from the developer. Such data
shall clearly and factually state the actual parking requirements
of the proposed multiple-residence building.
[Amended 1-15-2013 by L.L. No. 1-2013]
[10]
No multiple residence, twin home
dwelling or townhouse development shall have more than two stories
or be more than 35 feet in height. Spires, chimneys, cupolas and flagpoles
are exempt from this limitation, as are antennas, provided that the
antennas are visually integrated into the building lines.
[11]
No room shall be used for living
purposes if more than four feet of its vertical height is below grade.
[12]
No multiple residence, twin home
dwelling or townhouse building shall be less than 18 feet in width.
[13]
No swimming pool shall be located
within 40 feet of a multiple-residence or townhouse dwelling structure.
(2)
Additional requirements for single-family dwellings,
twin home dwellings and townhouse buildings are as follows. There
shall be:
(a)
A minimum overhang of one foot on the roof on
the front and rear of all homes.
(b)
A minimum of five inches of rake on the gable
roof end.
(c)
A single-car garage with a minimum width of
14 feet and a minimum area of 280 square feet per dwelling unit, either
attached or detached.
(d)
Two exit doors.
(e)
An area between the gutter and sidewalk that
is paved the full width of the driveway.
(f)
No more than three single-family detached homes
of substantially similar style located on three adjacent lots which
front on the same street.
(g)
For single-family dwelling units, a tree planted
for each parcel, except on a corner lot, which shall require two trees
to be planted, one on each side of the lot facing the road.
(h)
Sidewalks installed on at least one side of
all interior roadways to accommodate pedestrian circulation.
(3)
The total density of residential development
within the PD-SR District shall not exceed 10 dwelling units per acre.
The calculation of such dwelling unit density shall not include areas
designated as open space nor shall it include areas devoted to nonresidential
uses. The areas used for the calculation of density shall be identified
in the conceptual site plan.
G.
Requirements for recreation, open space and public
and community service uses.
(1)
Open space shall comprise at least 25% of the
development area unless deemed inappropriate or impractical by the
Planning Board in connection with the site plan approval. No permanent
structures shall be allowed on land designated as "open space."
(2)
The total amount of land allocated for indoor
recreational facilities, structures owned and maintained by the Town
or other indoor community service facilities shall comprise not more
than 10% of the entire PD-SR District, including space for off-street
parking, unless more or less extensive use is deemed appropriate or
advisable by the Planning Board in connection with the site plan approval
as required herein.
H.
Requirements for commercial and service uses, including
specially permitted uses.
(1)
Permitted commercial and service uses shall
be scaled primarily to serve the specific needs of the residents of
the district and shall be designed and located so as to facilitate
pedestrian as well as vehicular access from the residences within
the district.
(2)
Space allocated for such commercial and service
uses shall comprise not more than 10% of the entire PD-SR District,
including space for off-street parking, unless more or less extensive
use is deemed appropriate or advisable by the Planning Board in connection
with the site plan approval as required herein.
(3)
Commercial and service uses within a PD-SR District
shall be consolidated into a single area within the district.
(4)
Commercial and service uses within a PD-SR District
shall adhere to the following requirements:
(a)
Buildings utilized for approved nonresidential
use activity within a PD-SR District shall be of architecture that
is similar or complementary to the approved architectural scheme of
the district.
(b)
Site plan review and Planning Board approval
shall be required for any additions and/or changes to structures,
landscaping and signage related to a nonresidential use within a PD-SR
District that are proposed subsequent to the approval of the overall
site development plan by the Planning Board.
(c)
Parking, loading, access, fencing and site requirements shall be as provided in Article XVI of this chapter.
(e)
Outside storage of waste materials shall be
screened from view.
(f)
Site lighting shall be shielded in such a way
that the source light is not visible at the lot line.
(g)
All customer parking areas shall be hard surfaced
and buffered from any adjacent residential lot.
(5)
In recognition of the unique restrictions and
limitations which impact nonresidential uses within a PD-SR District,
various requirements which are otherwise imposed upon commercial use
within the Town may be modified or waived by the Planning Board upon
good cause shown, including but not limited to requirements regarding
off-street parking.
