Permitted uses and structures for the C Commercial District
shall be as follows:
A. Principal uses and structures.
(2) Church or other places of worship or religious education, parish
house, convent, rectory or parsonage.
(4) Public library or public museum.
(5) Elementary or secondary school accredited by the New York State Department
of Education.
(6) Golf course of at least nine holes, miniature golf course and/or
practice driving range, including accessory buildings, structures
and uses which are necessary or customary to such operations; provided,
further, that no buildings or structures shall be less than 100 feet
from any street line, road line or any other lot in an R or AG District.
[Added 8-14-1997 by L.L. No. 6-1997]
(7) Bed-and-breakfast establishments.
(8) Cluster housing, including townhouses subject to the provisions for
cluster housing and townhouses as stipulated in the appropriate article
of this chapter.
(9) Two-family dwelling, multifamily dwelling or condominium.
(10)
Dwelling group, provided that all buildings are located so as
to permit future division of the property into separate lots with
minimum area and yard requirements as stipulated in the R-2 District.
(11)
Institution of a religious, charitable or philanthropic nature,
provided that such principal buildings shall be at least 50 feet from
any other lot in any R or AG District.
(12)
Group home for developmentally disadvantaged, unrelated persons,
not to exceed accommodations for eight such persons, subject to side
yard requirements for other principal buildings.
(13)
Nursing, custodial or convalescent home subject to side yard
requirements for other principal buildings. Penal institutions excluded.
(14)
Preschool, nursery school or day nursery, subject to side yard
requirements for other principal buildings.
(15)
Hospital or institution of a rehabilitative or custodial nature.
Penal institutions are excluded.
(16)
Tourist home or rooming or boarding house accommodations for
up to eight persons.
(17)
Mortuary, funeral or undertaking parlor Crematoria are excluded.
(18)
Real estate or insurance office.
(19)
Art, dance, music, photography and martial arts studios.
(20)
Antique shops and/or art galleries, when conducted entirely
within an enclosed building.
(21)
Meeting rooms for private club, lodge or fraternal organization.
(22)
Medical and/or dental buildings, clinics and laboratories.
(23)
Trade or industrial school, provided that such activity is conducted
wholly within an enclosed building.
(24)
Other administrative, professional or executive offices.
(26)
Personal service establishments, including but not limited to
a barbershop, hair salon, shoe repair or health spa or related physical
fitness facilities.
(27)
Bank or other financial institution.
(28)
Laundromat or laundry or dry-cleaning pickup stations.
(29)
Theater, bowling alley, skating rink, dance hall, billiard or
pool parlor.
(30)
Auditorium or assembly hall.
(31)
Passenger depot or terminal.
(32)
Filling station and/or gasoline station, including convenience stores, subject to Article
XIV, Supplemental Use Regulations, of this chapter, and provided that all servicing of vehicles at a gasoline station, except fueling and minor repairs, will be conducted in an enclosed building.
(34)
Sales and service of cars, vans, trucks and recreational vehicles.
(35)
Eating or drinking establishments.
(36)
Custom shops, including but not limited to printing, electrical,
heating, plumbing, welding or woodworking shops.
(37)
Wholesale sales and distribution.
(39)
Boat or marine sales and service.
(40)
Warehouse, but not including the storage of highly flammable
or explosive materials.
(41)
The following uses by special use permit authorized by the Town Board, subject to Article
XXII of this chapter relating to the issuance of special use permits:
[Added 8-14-1997 by L.L. No. 6-1997; amended 11-6-1997 by L.L. No. 8-1997]
(b)
Telecommunications facilities, which shall be governed by the provisions of Chapter
96.
(c) Adult bookstores, which shall be prohibited within 1,500 feet of
schools, town parks, churches, clubs, organized affairs and entertainment
facilities such as ski areas, and areas where children regularly meet
and congregate.
[Added 7-9-2009 by L.L. No. 3-2009]
(42)
The following uses, provided that they are conducted within
a completely enclosed building or within an area enclosed by a solid
wall or solid fence at least seven feet in height:
(a)
Public garage, but not including auto wrecking or the storage
of motor vehicles not eligible for a New York State motor vehicle
inspection sticker.
(b)
Building materials supply, including incidental millwork.
(c)
Public utility storage, service buildings and yards.
(e)
Machine and tool sales, rentals and service.
(f)
Storage and sales of solid fuels.
(g)
Storage and sales of feed for livestock.
(h)
Storage and sales of seed and fertilizer.
(i)
Contractor's equipment yard.
(j)
Laboratory engaged in research, testing and experimental work,
including any process normal to laboratory practice and technique.
(k)
The manufacture, compounding, assembling or treatment of articles
or merchandise. Refuse transfer and storage facilities are prohibited.
(43)
Solar energy conversion systems 25kW or less via unified solar
permit.
[Added 2-8-2018 by L.L.
No. 2-2018]
B. Accessory uses and structures customarily incidental to permitted
principal uses. Additionally, satellite antennas measuring two meters
or less in diameter. Such satellite antennas shall require the issuance
of a building permit. All such satellite antennas shall be located
to the rear of the front building line of the principal building and,
if located in a side yard area, shall conform to side yard requirements.
[Amended 11-6-1997 by L.L. No. 8-1997]
C. Limitations on permitted uses in the C District.
(1) No use of land, building or structure shall be permitted the operation
of which normally results in any:
(a)
Fire or explosive hazard; or
(b)
Dissemination of atmospheric pollutant, noise, vibration, glare
or odor beyond the boundaries of the premises on which such use is
located.
(2) Storage of flammable or inflammable liquids shall be in storage tanks
approved by the appropriate New York State and/or federal agencies.
Safety containers shall be used within any building or structure in
which flammable or inflammable liquids are handled.
D. The following uses by special use permit authorized by the Town Board, subject to Article
XXII of this chapter relating to the issuance of special use permits:
[Added 3-12-2009 by L.L. No. 2-2009]
(1) Private wind energy conversion systems.
(2) Solar energy conversion systems greater than 25kW via special use
permit.
[Added 2-8-2018 by L.L.
No. 2-2018]
(3) Solar energy conversion systems 25kW or less via special use permit.
[Added 2-8-2018 by L.L.
No. 2-2018]
Minimum habitable floor area shall be as follows:
A. For single-family: 960 square feet.
B. For two-family dwelling: 1,600 square feet total; 800 square feet
for each dwelling unit.
The maximum height of buildings shall be 35 feet.
The minimum lot size shall be as specified in this section:
A. Lot area.
(1) One hundred twenty-five thousand square feet (approximately three
acres) without public utilities.
(2) Forty-five thousand square feet with public utilities.
(3) Two-family/multifamily dwellings.
(a)
Four acres without public utilities, plus 0.5 (1/2) acre for
each additional dwelling unit beyond two.
(b)
Twenty-two thousand five hundred square feet per dwelling unit
with public utilities.
B. Lot width at building line.
(1) Two hundred fifty feet without public utilities.
(2) Three hundred feet for two-family/multifamily dwellings without public
utilities.
(3) Where a lot is served by public utilities:
(b)
One hundred fifty feet for a two-family dwelling unit.
(c)
One hundred fifty feet, plus an additional 25 feet per dwelling
unit for a three- or more dwelling unit building.
The minimum required yards and other open spaces shall be as
specified in this section:
A. Front yard: fifty-foot setback from the right-of-way.
B. Side yards: two required.
(1) Single- or two-family dwellings: 15 feet without public utilities.
(2) Single- or two-family dwellings:
(a)
With public utilities, minimum width of any side yard shall
be 15 feet.
(b)
The total width of both side yards shall be not less than 40
feet.
(3) Three- or more family dwelling: not to exceed three stories in height;
minimum side yard: 30 feet from any property line.
(4) Other principal buildings: Each side yard shall equal 30 feet for
a single-story principal building and 45 feet for a two-story principal
building.
C. Rear yard. No rear yard shall have a depth of less than 50 feet measured
from the main building or 15 feet measured from an accessory building.
[Amended 5-9-2002 by L.L. No. 1-2002]
For applicable off-street parking regulations, see the appropriate
article of this chapter.
For applicable sign regulations, see the appropriate article
of this chapter.
For applicable supplemental regulations pertaining to use, height,
area or open space, see the appropriate articles of this chapter.