A.
Purpose. The purpose of the AR Agricultural/Residential
District is to protect agricultural lands and uses from incompatible
uses and development; to maintain an open rural character of the community;
to assure compatible types and densities of development; to provide
for low density, rural development on lands where public sewers and
water service do not exist and are not envisioned in the near future;
and to protect the natural environment.
B.
Permitted uses:
(2)
Agriculture (farming) as defined herein.
(3)
Storage, packing and sale of field, garden, orchard,
nursery, and vineyard crops, but not including agricultural product
processing facilities or distribution centers.
(4)
Roadside stands, under the following conditions:
(a)
The stand shall be set back not less than 30
feet from the edge of the right-of-way line.
(b)
Sufficient land area shall be provided to accommodate
off-street parking for not less than three vehicles on site.
(c)
Such stands (including signs associated with
such uses) shall be removed and appropriately stored within 10 days
of the end of the harvest season.
(5)
Seasonal dwellings, provided that all applicable provisions
of the New York State Uniform Fire Prevention and Building Code are
met.
C.
Permitted accessory uses:
(1)
One private detached garage or carport with a maximum
capacity of 800 square feet for the parking of automobiles or storage
of property belonging to residents on the premises. Detached garages
shall be located to the rear of the front building line of the principal
building and may be located in a side yard with a minimum side yard
setback of 15 feet.
(2)
Customary accessory structures serving residential
uses, including, but not limited to, private swimming pools, storage
buildings, greenhouses, pet shelters and fireplaces. A private detached
garage or carport shall not be considered a customary accessory structure.[2]
(3)
Customary farm accessory buildings for the storage
or packing of products or equipment, but not including agricultural
product processing facilities or distribution centers.
(4)
The keeping, breeding, and raising of farm animals
in association with a residential use, subject to the following restrictions:
(a)
No stable, similar animal housing or confining
areas shall be allowed on lots of less than two acres.
(b)
No structure housing such animals shall be located
closer than 50 feet to any street or property line.
(c)
Not more than one adult or fully grown horse,
cow, beef cattle, sheep, goat or other four-legged domestic-type farm
animal, or combinations thereof, may be kept per acre of land in the
residential parcel.
(d)
Not more than a total of any combination of
12 adult or fully grown chickens, ducks, geese or other fowl or birds
of any type may be kept per acre of land in the residential parcel.
(5)
Yard sales, provided that not more than three such
sales shall occur during one calendar year, and that the duration
of such sales do not exceed three consecutive days.
(6)
Off-street parking, fencing and signs in accordance
with the provisions of this chapter.
(7)
Other accessory uses not specified herein may be approved,
provided that the Zoning Board of Appeals renders an interpretation
indicating that such uses are clearly accessory to the permitted principal
use and consistent with the purpose and intent of the zone district
and this chapter.
D.
Uses requiring a special permit issued by the Planning
Board (subject to special permit regulations, Article VII):
(1)
Home occupation.
(2)
Private or commercial airport or airstrip.
(3)
Animal hospital.
(4)
Bed-and-breakfast establishment.
(5)
Campground.
(6)
Cluster residential development.
(7)
Conference/resort complex.
(8)
Essential services and utilities.
(9)
Excavation and mining.
(10)
Farm labor camp.
(11)
Farm markets.
(12)
Kennel.
(13)
Manufactured home park.
(14)
Public and semipublic use, including day-care
center.
(15)
Stable or riding academy.
(16)
Telecommunications facility.
A.
Purpose. The purpose of the R-1 Residential District
is to provide a stable environment for rural residential development,
free from incompatible uses.
C.
Permitted accessory uses: All accessory uses permitted
in the AR District shall be permitted in the R-1 District.
D.
Uses requiring a special permit issued by the Planning
Board (subject to special use regulations, Article VII):
A.
Purpose. The purpose of the General Business District
is to provide for business establishments serving the needs of area
residents, especially retail and service businesses, as well as to
accommodate residential development.
B.
Permitted uses:
(1)
One-family dwelling.
(2)
Two-family dwelling.
(3)
Agriculture (farming) as defined herein.
(4)
The storing, packing and sale of field, garden, orchard,
nursery, and vineyard crops.
(5)
Farm markets.
(6)
Roadside stands, subject to the requirements of § 350-22B(5).
(7)
Retail business establishments which are clearly of
a neighborhood service character, such as, but not limited to, the
following:
(a)
Stores selling groceries, meats, baked goods,
and other such food items.
(b)
Drugstores and variety stores.
(c)
Stationery, tobacco and newspaper stores and
confectionery stores.
(d)
Clothing, variety and general merchandise stores.
(e)
Hardware, appliance, radio and television sales
and service.
(9)
Business and professional offices, including, but
not limited to, medical, dental, real estate, and accounting.
(10)
Assembly halls and theaters, excluding drive-in
theaters.
(11)
Newspaper printing, including incidental job
printing.
(12)
Funeral parlors.
(13)
Custom shops, including, but not limited to,
printing, electrical, heating, plumbing, or woodworking.
(14)
Building supply and farm equipment stores.
(15)
Wholesale establishments provided that all sales
activities are conducted in a completely enclosed building.
(16)
Commercial greenhouse or nursery.
(17)
Assembling, converting, altering, finishing,
cleaning, or any other processing of products, provided that:
(a)
Goods so produced or processed are to be sold
at retail, exclusively on the premises;
(b)
Space used for such purposes shall not occupy
more than 20% of the area devoted to retail sales, shall be clearly
incidental to such retail use and shall be fully concealed from any
street;
(c)
Not more than two persons shall be engaged in
such production/processing at any one time.
(18)
Machine tool sales, rental or service.
(19)
Commercial storage buildings providing space
for rent.
(20)
Business service establishments, including,
but not limited to, accounting, computer services and repairs, and
consulting.
(21)
Veterinary animal clinics or offices with interior
operations only.
(22)
Restaurant not serving alcoholic beverages.
(23)
Recreation and amusements facility.
(24)
Bed-and-breakfast establishment.
(25)
Other business uses which, in the opinion of
the Zoning Board of Appeals, are similar in nature and scale to those
permitted above.
C.
Permitted accessory uses:
(1)
All accessory uses permitted in the AR District shall
also be permitted in the B District.
(2)
Private garages and storage buildings which are necessary
to store any vehicles, equipment or materials on the premises and
which are used in conjunction with a permitted business use.
(3)
Off-street parking, loading and unloading facilities,
signs, fences and landscaping subject to the provisions of this chapter.
(4)
Restaurants, cafeterias, swimming pools, newsstands,
pharmacies, barbershops, hairdressers, gift shops, and other personal
service shops for the convenience of guests may be permitted as accessory
uses to hotels or motels. With the exception of an identifying sign
for the restaurant, no external evidence of such internal commercial
activities is permitted.
(5)
Other business uses which, in the opinion of the Zoning
Board of Appeals, are similar in nature and scale to those permitted
above.
D.
Uses requiring a special permit issued by the Planning
Board (subject to special permit use regulations, Article VII):
(1)
Animal hospital (with outdoor facilities).
(2)
Drive-in business.
(3)
Essential services and utilities.
(4)
Excavation or mining.
(5)
Kennel or animal hospital (with outdoor runs or other
facilities).
(6)
Manufactured home park.
(7)
Motel or hotel.
(8)
Motor vehicle, manufactured housing, or boat sales.
(9)
Motor vehicle service station or auto repair shop.
(10)
Multiple-family dwelling or development.
(11)
Public and semipublic buildings or uses.
(12)
Recreation or amusement enterprise.
(13)
Retail fuel outlet.
(14)
Restaurants and/or taverns serving alcoholic
beverages.
E.
Other provisions and requirements.
(1)
Buffer strip. Commercial structures shall provide
a natural buffer strip to be perpetually maintained so as to provide
visual screening and separation between commercial and residential
uses.
(2)
Refuse containers. Commercial structures shall provide
a commercial-type refuse container on site. Such containers shall
be placed on concrete or stone areas and visually screened, and shall
provide rodent control.
(3)
Residential lot line. No commercial structure shall
be permitted within 50 feet of the nearest lot line of any residential
district.
A.
Purpose. The purpose of the Light Industrial District
is to provide for light manufacturing, assembly and storage type facilities.
B.
Permitted uses:
(1)
Agriculture.
(2)
Scientific research or experimental development of
materials, methods or products, including engineering and laboratory
research.
(3)
Administrative, educational and other related activities
and facilities in conjunction with a permitted use.
(4)
Manufacture or assembly of electric, electronic or
optical instruments or devices.
(5)
Manufacturing, assembling, fabricating or packaging
of products from previously prepared materials such as cloth, plastic,
paper, leather, precious or semi-precious metals or stone.
(6)
Agricultural product processing, including manufacturing
of food products, pharmaceuticals and the like, but not including
the production of fish, meat or dairy products, or fermented foods
such as sauerkraut, vinegar, or the like, or the rendering of fats
and oils.
(7)
Precision uses which, in the opinion of the Zoning
Board of Appeals, are similar in nature and scale to those permitted
above.
(8)
Commercial storage buildings providing space for rent.
(9)
Warehousing and distribution facilities, including
agricultural product distribution centers.
(10)
Other uses which, in the opinion of the Zoning
Board of Appeals, are similar in nature and scale to those permitted
above.
C.
Permitted accessory uses:
(1)
Private garages and storage buildings which are necessary
to store any vehicles, equipment or materials on the premises and
which are used in conjunction with a permitted use.
(2)
Off-street parking, loading and unloading facilities
and signs, fences and landscaping subject to the provisions of this
chapter.
(3)
Other business uses which, in the opinion of the Zoning
Board of Appeals, are similar in nature and scale to those permitted
above.
D.
E.
Provisions and requirements.
(1)
Residential uses shall be prohibited except for a
caretaker's residence on site.
(2)
All assembly, research, engineering, administration,
storage and other related activities shall be conducted wholly within
enclosed buildings.
(3)
Incidental storage out of doors may be permitted,
provided that such materials are shielded from view from public streets
and adjacent off-street parking areas by fencing, landscaping or other
appropriate measures.
(4)
At no time shall any use result in or cause dissemination
of dust, smoke, smog, observable gas, fumes, odors, radiation or other
atmospheric pollution, objectionable noise, glare or vibrations or
hazard of fire or explosive or any other physical hazard to any adjacent
buildings or to any plant growth or any land adjacent to the site.
(5)
The architectural treatment and general appearance
of all buildings and grounds shall be in keeping with the purpose
of this district and shall be of such quality and design as to be
a visual asset to the area in which they are located as well as to
adjacent development.
(6)
All uses permitted shall set aside not less than 20%
of the lot area to be devoted to seeding, planting, retention of tree
cover, or other landscaping. This area shall be used for no other
purposes.
(7)
Each use shall provide truck loading and unloading
areas in an amount sufficient to permit the transfer of goods and
products in other than a public street, off-street parking area or
front yard. Off-street loading facilities shall be subject to the
additional provisions of § 350-31 of this chapter.
(8)
Industrial structures shall be located so as to be
a minimum of 75 feet from any nonindustrial district. A natural buffer
strip shall be placed and maintained so as to provide visual screening
and separation between industrial and nonindustrial uses.
(9)
Parking areas may be located in any of the required
yard areas, provided they are not less than 50 feet from a right-of-way
line or 30 feet from any other property line.
G.
Prohibited uses:
(1)
Acetylene gas manufacture.
(2)
Oxygen manufacture.
(3)
Celluloid manufacture.
(4)
Disinfectant or insecticide manufacture.
(5)
Asphalt manufacture or refining.
(6)
Coal or tar distillation, including manufacture or
treatment.
(7)
Boiler making.
(8)
Steel furnace manufacture.
(9)
Blooming or rolling mill.
(10)
Soap manufacture.
(11)
Chorine or hydrochloric, nitric, picric or sulfuric
manufacture.
(12)
Smelting of copper, tin, zinc, lead or iron
ores.
(13)
Manufacture of explosives, storage of explosives
in bulk.
(14)
Glue, size or gelatin manufacture where the
process includes the refining or recovery of products from fish or
animal refuse or offal.
A.
Purpose. The PD Planned Industrial/Commercial Development
District has been designed to encourage commercial and industrial
development which conforms to a coordinated site development plan
for a relatively large area. Such development should represent the
most efficient and productive use of the land area so zoned. Individual
uses permitted in this zone shall be designed and constructed so as
not to preclude further industrial or commercial development within
the PD Zoning District.
B.
Objectives.
(1)
The proposed industrial and/or commercial development
shall be in harmony with the general purpose, goals and objectives
of the Comprehensive Plan and this chapter.
(2)
The proposed development shall comply with all applicable
regulations of this chapter except as modified by the authority of
this section.
(3)
The proposed development shall not have a substantial
adverse effect upon adjacent properties, utility facilities, traffic
conditions and other matters that would affect the public health,
safety and general welfare.
(4)
The proposed development shall be constructed, arranged
and operated so as to not interfere with the development and use of
neighboring properties.
(5)
The proposed development shall be adequately served
by essential public facilities and services, such as, but not limited
to, sanitary sewers, public water supply, stormwater drainage facilities
and highway capacity.
(6)
The proposed development shall make appropriate provisions
for the preservation of trees, streams, wetlands, natural topography
and geological features and the prevention of soil erosion.
C.
General requirements.
(1)
All industrial and commercial uses permitted in the
I Industrial and B General Business Zoning Districts are permitted
in this district, except for residential uses.
(2)
Accessory uses permitted in the commercial and industrial
district are permitted as accessory uses in the PD District.
(3)
The minimum area required for a planned development
shall be 20 contiguous acres of land. However, if an applicant can
demonstrate that the characteristics of the property proposed for
such use can meet the objectives of this section, projects with less
acreage will be considered.
(4)
Where an applicant proposes the use of a portion of
the site as common property, satisfactory arrangements shall be made
for the improvement, operation and maintenance of such common property
and facilities. For the purpose of this section, the term "common
property" shall be defined as a parcel of land, together with improvements
thereon, the use and enjoyment of which is shared by the owners and
occupants of the planned development.
(5)
Individual buildings within a planned development
shall be related to each other in design, mass, materials, placement
and connections to provide a visually and physically integrated development.
(6)
Utility lines providing electric, telephone, television
or other services shall be installed underground.
(7)
Permitted
use: single-family residences constructed before 1997.
[Added 2-10-2010]
D.
Application procedures. Approval of a planned development
shall be made by the Town Board, following review and recommendation
from the Planning Board.
(1)
Planning Board review. The applicant shall meet with
the Planning Board to describe the intent of the proposed development,
to discuss design and development objectives and to submit a concept
plan which depicts the manner in which the proposed project is to
be developed. At this meeting, the applicant shall describe how the
proposed development would be integrated with neighboring land uses,
community features and public facilities and services. The concept
plan shall be to scale and shall include the following information:
(a)
The principal physical characteristics of the
site, including an analysis of the soils and subsoils and the location
of major stands of trees, streams, floodplains and rock outcropping.
(b)
The topography of the site with contour intervals
of not more than five feet of elevation; areas of the site where grades
exceed 3%; portions of the site with a moderate to high susceptibility
to erosion, flooding or ponding; and a preliminary grading plan with
five-foot contour intervals.
(c)
An analysis of the relationship of the site
to the surrounding community, including significant parcels of vacant
land and the character of nearby built-up areas.
(d)
A conceptual site development plan which presents
a proposed lotting pattern, including the number and general sizing
of individual lots; estimates of vehicular traffic volumes to be generated;
a suggested internal street system, suggested sidewalks and circulation
flows; a description of how the site will be tied to the existing
street and pedestrian network; estimated demands for water and sewer
services; a suggested layout of water, sanitary sewer and storm sewer
facilities with proposed points of interconnection to existing systems;
and the proposed stormwater drainage system and its relation to existing
systems.
(e)
A generalized description of how the site is
to be buffered from adjacent areas. This shall include the retention
of existing trees as well as new plantings to accomplish this objective.
(f)
A description of the manner in which areas that
are not proposed to become publicly owned are to be maintained, including,
but not limited to, open space, streets and lighting.
(g)
If the development is expected to be phased,
a general description of the phasing plan, including the anticipated
time frames for development.
(h)
A description of any covenants, grants of easements
or other restrictions proposed to be imposed upon the use of the land,
buildings or structures, including proposed easements for public utilities.
(i)
A written statement by the applicant setting
forth the reasons why, in his opinion, the proposed rezoning would
be advantageous to and in the best interests of the Town of Barre.
(k)
Any other information or documentation which
the applicant deems necessary to support his application.
(2)
Planning Board report. Within 60 days of the receipt
of a complete application, the Planning Board shall review the concept
plan and supporting documents and provide a written report to the
Town Board. The Planning Board shall hold a public hearing on the
concept plan to assist it in the preparation of its report. If no
report has been rendered within the sixty-day period, unless such
time limit has been extended by formal action of the Planning Board,
the applicant may proceed on the basis that the report is favorable.
The Town Board shall be so informed on this matter.
(a)
A favorable report from the Planning Board shall
be based on the following findings which shall be included as part
of the report:
[1]
The proposal implements the goals and policies
of the Comprehensive Plan of the Town of Barre.
[2]
The concept plan meets all of the requirements
of this chapter.
[3]
The proposal is conceptually sound in that it
meets a community need and conforms to accepted design standards for
the proposed roadway system, land use configuration, open space and
drainage systems.
[4]
Adequate services and utilities are available
or proposed to be made available in order to properly serve the proposed
development.
(b)
An unfavorable report shall state clearly the
reasons therefor and, if appropriate, point out to the applicant the
conditions under which a favorable report may be issued.
(3)
Town Board consideration. Upon receipt of a report
from the Planning Board, the Town Board shall consider the application
for the Planned Development and may establish a date for and conduct
a public hearing for the site plan as provided by Town Law.
(4)
Final site plan approval. In the approval of the site
plan, the Town Board may establish a maximum aggregate gross floor
area for all buildings in the district and may, if it feels it necessary
in order to fully protect the public health, safety and welfare of
the community, attach to its resolution additional requirements for
the applicant to meet. Such requirements may include, but shall not
be limited to: visual and acoustical screening; the order of construction
and/or occupancy; vehicular and pedestrian circulation systems; protection
of natural resources; and other physical or community needs.
A.
The Zoning Map indicates approximate boundaries of
the Flood Hazard Overlay Zone. The exact legal boundaries of the flood
hazard area is depicted on the official FIRM Maps and Flood Boundary
Floodway Map prepared by the Federal Emergency Management Agency (FEMA).
