Except as provided by law or in this chapter, in each district, no building, structure or land shall be used or occupied except for the purposes permitted in §§
125-10 through
125-14 and for the zoning districts so indicated.
A. A use listed in §§
125-10 through
125-14 is permitted by right in any district in which said use is listed, subject to such requirements as may be specified in §§
125-10 through
125-14, and after a zoning permit has been issued in accordance with Article
X.
B. A use permitted by special permit in any district requires Board of Appeals authorization subject to the requirements of §§
125-10 through
125-14 and §
125-88 and such further restrictions that said Board may establish.
C. Uses are subject to all applicable regulations of
this chapter, other local laws and state and federal laws.
Uses permitted by right or by special permit
shall be subject, in addition to use regulations, to such regulations
of yard, lot size, lot width, building area, provisions for off-street
parking and loading and to such other provisions as are specified
in other Articles herein.
[Amended 1-16-1989 by L.L. No. 1-1989; 6-10-1991 by L.L. No.
1-1991; 9-9-1991 by L.L. No. 2-1991; 9-11-2006 by L.L. No.
3-2006; 4-8-2013 by L.L. No. 1-2013; 4-14-2014 by L.L. No.
2-2014]
A. Intent. The Agricultural-Residential District (A-R) established in
this section is designed to provide adequate and appropriate sites
within the municipality to accommodate facilities involved in farming
and provide areas for persons wishing to reside on large lots in a
rural area. The primary land use in this zoning district is agriculture.
Within the district, any agricultural practice determined to be a
sound agricultural practice by the New York State Commissioner of
Agriculture and Markets pursuant to Article 25-AA, § 308,
including but not limited to practices necessary for on-farm production,
preparation and marketing of agricultural commodities, such as the
operation of farm equipment; proper use of agricultural chemicals
and other crop protection methods; direct sale to consumers of agricultural
commodities or foods containing agricultural commodities produced
on farm; and construction and use of farm structures, shall not constitute
a private nuisance. The goals of these provisions are to:
(1) Maintain and promote agriculture and its related activities such
as agricultural tourism;
(2) Preserve open space and farmland;
(3) Maintain both an agricultural heritage and a rural character;
(4) Accommodate rural residential development in a manner that complements
farming activity and contributes to the maintenance of the rural character
of the zone;
(5) Protect and buffer abutting districts and properties within the district
by establishing setbacks, limiting on-street loading/unloading areas
and parking, and establishing landscape screening provisions;
(6) Protect the character of the area and established patterns in adjacent
development, thereby maintaining land values and protecting the municipality's
tax revenues.
B. Permitted uses. No building or premises shall be used, and no building
or part of a building erected which is arranged, intended or designed
to be used, in whole or in part, for any purpose except the following:
(1) Agriculture and agricultural activities as defined in Article
II of this chapter, including usual farm buildings and structures, but excluding rendering plants;
(2) Agricultural tourism as defined in Article
II of this chapter. The following agricultural tourism uses are permitted only by special permit:
(a)
Restaurant operations related to the agricultural use on the
site;
(b)
Agricultural tourism uses that include non-agriculturally related uses, as defined by Article
II of this chapter;
(c)
Agricultural tourism uses that include designated, permanent
parking for more than 20 vehicles.
(4) Forest management and other forest resource uses, including the harvesting
of timber;
(5) Game farms, fish hatcheries and fishing reserve;
(6) Produce stands, including movable or temporary structures for the
sale of agricultural products grown principally by the operator during
the harvest season;
(7) Veterinary offices or hospitals;
(8) Hunting preserves, lodges, or clubhouse;
(9) Golf courses and driving ranges;
(10)
Research facilities dedicated to research in agriculture or
animal husbandry;
(11)
Retail sales of machinery, products, supplies, or produce accessory
to agricultural operations. In addition to the review criteria generally
applicable to uses allowed in this section by special permit, the
following additional requirements shall apply:
(a)
No more than three acres, inclusive of building, parking, driveways,
well, septic system and other ancillary facilities, be dedicated to
the use;
(b)
No outside storage other than temporary daytime-only display
of products, unless:
[1]
The nature of the business generally requires outside storage;
[2]
There is adequate space on the lot for the proposed storage;
[3]
The premises are screened or otherwise buffered so that the
outside storage does not adversely impact the neighboring properties;
and
[4]
The proposed outside storage will not adversely affect the character
of the surrounding neighborhood.
(12)
Cemetery and the buildings and structures incident thereto;
(13)
Any municipal or public utility purpose necessary to the maintenance
of utility services;
(14)
Fire station or other public building necessary to the protection
of or the servicing of the neighborhood;
(15)
Commercial dog kennels. In addition to the generally applicable
standards applicable to structures, no wholly or partly nonresidential
structure housing dogs shall be closer than 150 feet to any lot line;
(16)
A one-family dwelling on a separate lot;
(17)
A one-family dwelling proposed for location upon a new lot to be formed as part of a subdivision subject to and approved under Subsection
F(5) of this section.
C. Uses allowed by special permit. No building or premises shall be
used, and no building or part of a building erected which is arranged,
intended or designed to be used, in whole or in part, for any purpose
except the following which are allowed upon issuance of a special
permit:
(1) Conversion of an existing one family dwelling to a two family or
multifamily dwelling; upon completion of the conversion, the converted
dwelling shall meet all requirements of the Brutus Zoning Law applicable
to two family and multifamily dwellings.
(2) Church or other places of worship, convent and parish house.
(3) Radio, television, telecommunication, microwave, satellite or other
electronic transmission facility operated pursuant to a license from
the Federal Communications Commission or any successor federal or
state agency. In addition to the review criteria generally applicable
to uses allowed in this section by special permit, the following additional
requirements shall apply:
(a)
The applicant shall demonstrate that the proposed facility cannot
co-locate with an existing transmission facility.
(4) Mining.
(a)
In addition to the review criteria generally applicable to uses
allowed in this section by special permit, the following additional
requirements shall apply:
[1]
The applicant must provide a site plan that illustrates the
locations of the various elements of the operation, and the site plan
shall be approved by the reviewing agency;
[2]
The applicant shell demonstrate that the appropriate New York
State authorities (DEC or other regulatory body) have approved a reclamation
plan and that any required financial security for the performance
of the reclamation plan has been provided to the State of New York;
[3]
There shall be a buffer area of at least 100 feet around the
perimeter of the mined area. The buffer shall be placed between the
mined area and any surrounding property. Such buffer shall be of natural
vegetation, plantings, berms, fences, or other screening as deemed
reasonable by the reviewing agency to minimize the auditory and visual
impacts of the mining operations on surrounding properties;
[4]
A fill permit shall be obtained in accordance with the fill
permit requirements of this chapter before commencement of any mining
operations;
[5]
Hours of operation shall be limited to business days (days other
than weekends and holidays) from 7:00 a.m. to 6:00 p.m. local time
unless the applicant demonstrates that special circumstances exist
which compel that the times be extended.
(b)
Notwithstanding the foregoing, if the material to be mined is
soil, gravel, or other similar types of fill, up to 50 cubic yards
of such product may be mined in any one calendar year without a permit.
If more than 50 cubic yards but not more than 250 cubic yards in any
one year are being mined, a permit may be issued by the Code Officer
of the Town upon demonstration of compliance with the requirements
of this section applicable to this scale of mining. In all other cases,
the special permit shall be obtained as set forth above.
D. Accessory uses. The following are uses that are accessory or subordinate
to the principal permitted use and are permitted as such, subject
to dimensional or other standards set forth elsewhere in this chapter:
(1) Noncommercial greenhouses;
(2) Parking lots and driveways;
(4) Private garages and similar storage facilities for vehicles;
(5) Outdoor storage and tool sheds;
(6) Swimming pools and other private recreational facilities for the
use of the property occupant;
E. Lot requirements. Facilities or uses located in the Agricultural-Residential
District are subject to the following conditions:
(1) Minimum lot area. The minimum lot area is 50,000 square feet.
(2) Maximum lot area. The maximum lot area for a one-family dwelling
is 100,000 square feet.
(3) Minimum lot width and depth. The minimum lot width and depth requirement
for each lot is 200 feet.
(4) Setbacks. The minimum setback from all side and rear lot lines is
25 feet; the front lot line setback is 75 feet.
(5) The minimum foundation area is 900 square feet.
(6) The minimum foundation length is 24 feet.
F. General requirements. The following requirements have general applicability
to all uses in the A-R Zone:
(1) Maximum building height. No part of any building intended for human
habitation shall be erected to a height greater than 35 feet measured
from natural grade at the building site.
(2) Open space. At least 25% of the site shall be devoted to usable open
space.
(3) Parking. All uses must provide on-site parking facilities in accordance
with the parking standards of this chapter or standards specifically
applicable to a use allowed by this section by special permit. No
on-street parking will be permitted.
(4) Signage. All building and on-site signage must comply with the regulations
of the Town of Brutus regulating signage.
(5) Design and layout limitations on subdivisions of parent tracts that
form two or more new lots.
(a)
In order to protect agricultural uses, to preserve the agricultural
value of land, to provide for the retention of tracts of sufficient
size to be used reasonably for agricultural purposes, and to preserve
the open space qualities of the Town, creation of nonfarm lots and
the subdivision of farm parcels from parent tracts, when considering
design alternatives and limitations, the Planning Board may discuss
and if appropriate require alternative designs with the developer
that include the clustering of the lots as part of the subdivision
approval process of the Planning Board as a condition to granting
any subdivision approval. In determining the design of the subdivision,
in addition to any requirements set forth in the subdivision regulations of the Town of Brutus, the following criteria should be
applied:
[1]
Lots should avoid, to the extent practicable, prime agricultural
soils, defined as Class I and Class II by the USDA Natural Resources
Conservation Service or similar or successor agency;
[2]
Lots should not interfere with natural drainage patterns;
[3]
To the extent reasonably possible, subdivisions shall be approved
in a manner that maintains the largest amount of contiguous acreage
for open space or agricultural use;
[4]
The size or shape of land maintained for open space or agricultural
use shall be of a size and shape suitable for the efficient use of
farm machinery;
[5]
Buffers (also known as perimeter strips) should be included
in residential subdivisions as a means of reducing the likelihood
of conflicts with nearby farm operations. Buffers shall be in compliance
with § 125-31.1E(10) of the Brutus Zoning Law;
[6]
The Planning Board, as a condition of granting subdivision approval,
shall require, unless good cause is shown for omission of same, the
developer to encumber the larger tracts by deed restrictions, conservation
or agricultural easements, or other mechanism satisfactory to the
Planning Board, to ensure that such parcels shall remain permanently
as open space or agricultural land.
(6) In order to undertake the analysis required by this section, the
Planning Board may require the applicant to delineate a building footprint
on the subdivision plan. Said building footprint shall be the only
portion of the proposed lot where structures are permitted.
(7) The Planning Board shall refer any proposed subdivision, zoning change,
special permit or other matter that requires an Ag Impact Statement
per NYS Agriculture and Market Laws § 305-a to the Town
of Brutus Agricultural Advisory Committee for comment.
G. Special permit requirements.
(1) When reviewing a use subject to a special permit in the A-R Zone, in addition to the generally applicable special permit standards (§
125-88), the following criteria shall be applied:
(a)
In order to protect agricultural uses, to preserve the agricultural
value of land, and to preserve the open space qualities of the Town,
as part of the special approval process of the Planning Board as a
condition to granting any approval will apply the following criteria:
[1]
Structures and activity should not interfere with natural drainage
patterns;
[2]
Buffers should be required as a means of reducing the likelihood
of conflicts with nearby farm operations. Buffer distances will be
decided on a case-by-case basis but should generally be between 30
feet and 100 feet wide. Further mitigation measures may be considered,
including the reduction of the size and scale of structures and activities
in a manner that provides a more protective buffer.
[Added 3-12-2008 by L.L. No. 3-2008]
A. Intent. The Industrial District established in this
section is designed to provide adequate and appropriate sites within
the municipality to accommodate facilities involved in: assembling,
disassembling, repairing, fabricating, finishing, manufacturing, packaging
or processing operations of an industrial nature; research and development
operations; and shipping and receiving operations. The general goals
include, among others, the following specific purposes:
(1)
To provide a planned district for all types
of assembly plants, factories, manufacturing plants, mills, warehouses,
truck depots and transfer stations, and processing plants.
(2)
To protect and buffer abutting districts by
establishing setbacks, limiting on-street loading/unloading areas
and parking, and establishing landscape screening provisions.
(3)
To control development so as to minimize the
danger of fires, explosions, toxic and noxious matter, radiation,
offensive noise, vibration, smoke, odor and other objectionable influences
or hazards.
(4)
To protect the character of the area and established
patterns in adjacent development, thereby maintaining land values
and protecting the municipality's tax revenues.
B. Permitted uses. No building or premises shall be used,
and no building or part of a building erected which is arranged, intended
or designed to be used, in whole or in part, for any purpose except
the following:
(1)
Appliance, tool and die or metal fabrication;
(2)
Canneries, food processing, sugar refineries;
(3)
Manufacturing, processing, or assembling of
products or materials;
(4)
Paper mills and products;
(5)
Warehousing or storage of goods for distribution;
(6)
Trucking, bus or other transportation terminals
and transfer stations;
(7)
Research, development and testing of products;
(8)
Storage, repair and dispatch of large equipment,
including construction equipment, farm equipment and similar equipment;
(9)
Energy production facilities;
(10)
Other industrial uses similar to those enumerated
above;
(11)
Retail sales of products produced by or associated
with the principal use of the site, including a factory outlet store
for the sale of items produced on site or associated with items produced
on site.
C. Accessory uses. The following are uses that are accessory
or subordinate to the principal permitted use and are permitted as
such:
(4)
Motor vehicle repair shops;
(5)
Outdoor storage yards/lots;
(6)
Sales of products produced or related to products
produced on site;
(7)
Offices associated with the principal use.
D. Lot requirements. Facilities or uses located in the
Industrial District are subject to the following conditions:
(1)
Minimum acreage. The minimum site acreage is
two acres;
(2)
Minimum lot width and depth. The minimum lot
width and depth requirements for each site is width 200 feet, depth
200 feet;
(3)
Setbacks. The minimum setback from all side
and rear lot lines is 25 feet; front lot line setback is 50 feet.
E. General requirements.
(1)
Maximum building height. No part of any building
shall be erected to a height greater than 35 feet, measured from natural
grade at the building site.
(2)
Open space. At least 35% of the site shall be
devoted to usable open space.
(3)
Parking. All facilities must provide for on-site
parking facilities. No on-street parking will be permitted. All parking
lots must feature landscaped islands and, if adjacent to the public
right-of-way, landscaped and grassy areas at least 20 feet in depth
measured from the edge of the right-of-way.
(4)
Accessory buildings. Accessory buildings are
permitted where required for the function of the principal use(s).
Accessory buildings must comply with all setback and screening requirements.
(5)
Truck loading. Truck loading and unloading must
be confined to on-site areas. All loading and unloading areas shall
utilize a landscape buffer from an adjoining district.
(6)
Equipment. All equipment, electrical substations
and mechanical devices shall utilize a landscape buffer from an adjoining
district.
(7)
Storage. All outdoor storage of goods or materials
shall utilize a landscape buffer from an adjoining district.
(8)
Signage. All building and on-site signage must
comply with the regulations of the Town of Brutus regulating signage.
(9)
Utilities. Sites shall have access to adequate
electric, natural gas, water, sewer and telecommunications facilities.
(10)
A minimum twenty-foot vegetative buffer adjacent
to state or county trails shall be established by the applicant.
[Added 12-12-2011 by L.L. No. 2-2011]
A. Intent. The Commercial District established in this section is designed
to provide adequate and appropriate sites to accommodate certain facilities
involved in retail trade and commerce or service-type transactions
within the municipality. The general goals include, among others,
the following specific purposes to:
(1)
Provide a planned district where retail sales, food services,
or other services that involve stocks of goods, wares or merchandise
are provided for the community as a whole;
(2)
Protect and buffer abutting districts by establishing setbacks,
limiting on street loading/unloading areas and parking, and establishing
landscape screening provisions;
(3)
Guide development which will minimize the danger of fires, explosions,
toxic and noxious matter, radiation, offensive noise, vibration, smoke,
odor, and other objectionable influences or hazards;
(4)
Promote the most desirable use of the land, maintain land values,
and protect municipal tax revenues.
B. Permitted uses. No building or premises shall be used, and no building
or part of a building shall be erected which is arranged, intended,
or designed to be used, in whole or in part, for any purpose except
for the following:
(3)
Artists' studios, art store;
(4)
Bakery, confectionery shop, ice cream shops, and coffee shop;
(5)
Bank, savings, loan, and finance office;
(7)
Books, magazines and newspapers store;
(8)
Clothing, clothing accessories and yard goods store;
(9)
Computer sales and service;
(10)
Drugstore and sundries store;
(11)
Dry-cleaning and laundry-collection stations and store;
(12)
Department store, furniture and variety store;
(13)
Food and beverage establishment;
(14)
Gift, stationery and office supply store;
(15)
Gasoline filling station;
(16)
Hardware, lawn and garden supply store;
(17)
Jewelry, optician, luggage shop;
(18)
Print shop, post office and packing/shipping service;
(19)
Shoe and shoe repair shop;
(20)
Supermarket (groceries, meats and baked goods);
(23)
Tailor and dressmaking shop;
(24)
Administration or professional office;
(25)
Real estate or insurance office;
(27)
Theatre, concert or performing arts venue;
(29)
Motor vehicle sales agency, including service and repairs indoors,
with outdoor sales, display and storage;
(30)
Shop for making articles sold primarily at retail on the premises;
(33)
Nursery school and day-care center;
(35)
Fraternal organization and club;
(38)
Motor vehicle race track;
(40)
Indoor and outdoor recreational and/or amusement facility;
(42)
Shopping center and/or mall (comprehensive development of land
to accommodate multiple commercial and/or retail uses in a single
or several buildings);
(43)
Industrial park (comprehensive development of land to accommodate
multiple buildings devoted to industrial activities);
(44)
Business park (comprehensive development of land to accommodate
multiple business and/or office uses in a single or several buildings);
(45)
Other uses similar to those enumerated above.
C. Prohibited uses. The following uses shall not be allowed in the Commercial
District:
(1)
Manufacturing and assembly line operation, except those included
within an industrial park;
(2)
Warehousing or storage of products for distribution except that
which is incidental to the business operations, or included within
an industrial park;
(3)
Automobile junkyards and junk dealer businesses;
(4)
The outdoor storage of goods or materials;
(5)
Open-sided covered structures or trailers.
D. Accessory uses. The following are uses that are accessory or subordinate
to the principal permitted use and are permitted as such:
(2)
Refuse containers, located to the rear of the structure and
screened from view;
(3)
Offices associated with the principal use;
(4)
Structures for storage of goods or equipment associated with
the principal use, located to the rear of the structure and screened
from view.
E. Lot requirements. Facilities or uses located in any manufacturing
district are subject to the following conditions:
(1)
Minimum acreage. The minimum site acreage is one acre; except
for shopping centers and/or malls, for which the minimum site acreage
is five acres.
(2)
Minimum lot width and depth. The minimum lot width and depth
requirements for each site are: width 100 feet; depth 100 feet.
(3)
Setbacks. The minimum setback from all side and rear lot lines
is 25 feet; front lot line setback is 50 feet.
F. General requirements.
(1)
Maximum building height. No part of any building shall be erected
to a height greater than 35 feet measured from natural grade at the
building site.
(2)
Open space. At least 35% of the site shall be devoted to usable
open space, including the parking area.
(3)
Parking. All facilities must provide for on-site parking; no
on-street parking will be permitted; all parking lots must feature
landscaped islands.
(4)
Accessory buildings. Accessory buildings are permitted where
required for the function of the principal use(s); accessory buildings
must comply with all setback and screening requirements of this section.
(5)
Truck loading. Truck loading and unloading is confined to on-site
areas; all loading and unloading areas shall be shielded from view
from main roadways.
(6)
Equipment. All equipment, electrical substations, and mechanical
devices shall be shielded from view from main roadways.
(7)
Signage. All building and on-site signage must comply with the
municipal ordinances regulating signage.
(8)
Utilities. Sites shall have access to adequate electric, natural
gas, water, sewerage system, and telecommunications facilities.
(9)
All business and service shall be conducted within completely
enclosed buildings, except the retailing of motor vehicle, fuels and
oils, and open stands or markets.