Town of Amherst, NY RESIDENTIAL DISTRICTS

in the Permitted column of a district use table indicates that a use is allowed by right in the respective district, subject to the use regulations in Part 6. Such uses are subject to all other applicable regulations of this Ordinance.

Special Use. A

in the Special Use column of a district use table indicates that a use is allowed only if reviewed and approved as a special use permit in accordance with § 8-6. Special uses are subject to all other applicable regulations of this Ordinance including the additional standards contained in Part 6, except where expressly modified by the Zoning Board of Appeals as part of the special exception approval process.

Uses Not Allowed. Any unlisted use indicates that the use is not allowed in the particular district.

Uses Not Listed. The Zoning Enforcement Officer shall determine whether or not an unlisted use is similar to an existing use or is substantially similar to an already defined specific use, using the criteria in § 8-12-4, Determination of Similar Uses.

[Amended 3-4-2019 by L.L. No. 6-2019]

Standards. The "Standards" column on the use table is a cross-reference to any limited or special use regulation listed in Part 6.

Developments with Multiple Principal Uses. A development comprised of uses regulated by separate rows on the Use Table shall be reviewed using the most restrictive process from among the proposed uses.

§ 3-2 Rural Residential District (R-R)

3-2-1.

Purpose. To provide areas for low-density, se mi-rural single-family detached residential development that recognizes the need to protect the long-term viability of surrounding agricultural operations. The R-R District also accommodates farms, farm-related activities, and other nonintensive compatible uses.

3-2-2.

Principal and Special Uses.

Permitted Uses and Structures. There shall be not more than one principal residential structure permitted on a lot in the R-R district.

R-R	Permitted	Special Use	Standards
OPEN USES
Farm
Stables, public or private			§ 6-1-1
RESIDENTIAL USES
Single-family detached
PUBLIC AND CIVIC USES
Minor utilities
Park or open space
Place of worship			§ 6-3-3
Public utility service structure or facility			§ 6-3-4
Telecommunication facility			§ 6-7
COMMERCIAL USES
Bed and breakfast			§ 6-4-2
INDUSTRIAL USES
No industrial uses allowed

Dimensional Standards.

R-R Principal Use Dimensional Standards
Min. lot area (per dwelling)		3 acres
Min. lot width		200 ft
Min. front yard		50 ft
Min. rear yard		See § 2-5-4B(3)
Min. side yard		See § 2-5-4B(3)
Max. height
	Residential	2 stories (up to 35 ft)
	Nonresidential	65 ft
Max. building coverage (residential use only)		25%
Note: For explanation of measurements, computations, and exceptions see § 2-5.[1]

[1]

Editor's Note: The diagram which immediately followed this table was repealed 2-8-2016 by L.L. No. 2-2016.

3-2-3.

Accessory Uses and Structures.

Permitted Accessory Uses and Structures. The following accessory uses and structures incidental to any permitted principal use are allowed subject to the requirements of § 6-8, Accessory Uses or Part 7, General Development Standards.

R-R Permitted Accessory Uses and Structures	Standards
Uses and structures customarily incidental to the above
Auxiliary housing units	§ 6-8-2
Cat boarding facility [Added 2-4-2008 by L.L. No. 1-2008]	§ 6-8-7
Detached private garages and parking areas
Greenhouse
Home occupation Type 1 or Type II	§ 6-8-6
Kennels, accessory	§ 6-8-7
Solar energy system [Added 12-11-2017 by L.L. No. 24-2017]	§ 6-10
Off-street parking, loading and stacking	§ 7-1
Private gardens
Private recreational uses and structures
Produce stand only selling items grown on-site
Rooming and boarding of not more than two persons
Signs	§ 7-8
Small wind energy system [Added 8-17-2009 by L.L. No. 12-2009]	§ 6-8-14
Swimming pool and tennis court	§ 6-8-12

Dimensional Standards.

R-R Accessory Use Dimensional Standards
Min. building separation	5 ft
Min. from lot line	5 ft
Max. height	30 ft
Max. building coverage (including principle[2] structure)	35%
Note: For explanation of measurements, computations, and exceptions see § 2-5.

[2]

So in original.

3-2-4.

General Development Standards.

For rural residential cluster development provisions, see § 3-15-4.

Development in the R-R District shall also comply with the requirements referenced in the table below.

R-R General Development Standards
Off-Street Parking, Loading and Stacking	§ 7-1
Landscaping, Buffers and Screening	§ 7-2
Site Lighting	§ 7-3
Outdoor Storage and Display	§ 7-4
Fences and Walls	§ 7-5
Access and Circulation	§ 7-6
Provisions for Flood Hazard Reduction	§ 7-7
Sign Regulations	§ 7-8
Performance Standards	§ 7-9
Bulk Storage of Combustible or Flammable Liquids	§ 7-10

§ 3-3 Suburban Agricultural District (S-A)

3-3-1.

Purpose. To provide areas for low-density, single-family detached residential development which would also accommodate farms, farm-related activities, and other nonintensive compatible uses.

3-3-2.

Principal and Special Uses.

Permitted Uses and Structures. There shall be not more than one principal residential structure permitted on a lot in the S-A district.

S-A	Permitted	Special Use	Standards
OPEN USES
Farm
Stables, public or private			§ 6-1-1
RESIDENTIAL USES
Single-family detached
PUBLIC AND CIVIC USES
Minor utilities
Park or open space
Place of worship			§ 6-3-3
Public utility service structure or facility			§ 6-3-4
Telecommunication facility			§ 6-7
COMMERCIAL USES
Bed and breakfast			§ 6-4-2
Ground-mounted solar energy system, Tier III [Added 12-11-2017 by L.L. No. 24-2017]			§ 6-10
Ground-mounted solar energy system, Tier I & Tier II [Added 12-11-2017 by L.L. No. 24-2017]			§ 6-10
INDUSTRIAL USES
No industrial uses allowed

Dimensional Standards.

S-A Principal Use Dimensional Standards
Min. lot area (per dwelling)		1 acre
Min. lot width		200 ft
Min. Yards
	Front yard	50 ft
	Rear Yard	See § 2-5-4B(3)
	Side Yard	See § 2-5-4B(3)
	Corner lot	See 2-5-2A(5)
	Through lot	See 2-5-2A(2)
Max. height
	Residential	2 stories (up to 35 ft)
	Nonresidential	65 ft
Max. building coverage		25%
Min. floor area (dwelling only)
	Under 2 stories	1,000 sf
	2 or more stories	1,200 sf
Note: For explanation of measurements, computations, and exceptions see § 2-5.[1]

[1]

Editor's Note: The diagram which immediately followed this table was repealed 2-8-2016 by L.L. No. 2-2016.

3-3-3.

Accessory Uses and Structures.

S-A Permitted Accessory Uses and Structures	Standards
Auxiliary housing units	§ 6-8-2
Cat boarding facility [Added 2-4-2008 by L.L. No. 1-2008]	§ 6-8-7
Detached private garages and parking areas
Greenhouse
Home occupations	§ 6-8-6
Kennels, accessory	§ 6-8-7
Off-street parking, loading and stacking	§ 7-1
Private gardens
Private schools and day-care centers, accredited when required by NYS, when accessory to a place of worship
Private recreational uses and structures
Raising of livestock for noncommercial purposes	§ 6-8-9
Solar energy systems [Added 12-11-2017 by L.L. No. 24-2017]	§ 6-10
Rooming and boarding of not more than two persons
Signs	§ 7-8
Small wind energy system [Added 8-17-2009 by L.L. No. 12-2009]	§ 6-8-14
Swimming pools	§ 6-8-12
Other uses and structures customarily incidental to the principal use

Dimensional Standards.

S-A Accessory Use Dimensional Standards
Min. building separation	5 ft
Min. from lot line	5 ft
Max. height	30 ft
Max. building coverage (including principal structure)	35%
Note: For explanation of measurements, computations, and exceptions see § 2-5.

3-3-4.

General Development Standards. Development in the S-A district shall also comply with the requirements referenced in the table below.

S-A General Development Standards
Off-Street Parking, Loading and Stacking	§ 7-1
Landscaping, Buffers and Screening	§ 7-2
Site Lighting	§ 7-3
Outdoor Storage and Display	§ 7-4
Fences and Walls	§ 7-5
Access and Circulation	§ 7-6
Provisions for Flood Hazard Reduction	§ 7-7
Sign Regulations	§ 7-8
Performance Standards	§ 7-9
Bulk Storage of Combustible or Flammable Liquids	§ 7-10

§ 3-4 Residential District One (R-1)

3-4-1.

Purpose. To provide areas within the Town for low-density single-family detached residential development where each dwelling unit shall be located on an individual lot of at least 21,780 square feet.

3-4-2.

Principal and Special Uses.

Permitted Uses and Structures. There shall be not more than one principal structure permitted on a lot in the R-1 district.

R-1	Permitted	Special Use	Standards
OPEN USES
No open uses allowed
RESIDENTIAL USES
Single-family detached
Common recreation structure or use			§ 6-2-3
PUBLIC AND CIVIC USES
Minor utilities
Park or open space
Place of worship			§ 6-3-3
Public utility service structure or facility			§ 6-3-4
Telecommunication facility			§ 6-7
COMMERCIAL USES
Bed and breakfast			§ 6-4-2
INDUSTRIAL USES
No industrial uses allowed

Dimensional Standards.

R-1 Principal Use Dimensional Standards
Min. lot area (per dwelling)		21,780 sf
Min. lot width		100 ft
Min. yards
	Front yard	30 ft
	Rear yard	35 ft
	Combined side yard	20 ft
	Each side yard	8 ft
	Corner lot	See § 2-5-2A(5)
	Through lot	See § 2-5-2A(2)
Max. height		2 stories (up to 35 ft)
Max. building coverage		35%
Min. floor area (dwelling only)
	1 story	1,200 sf
	More than 1 story	1,400 sf
Note: For explanation of measurements, computations, and exceptions see § 2-5.[1]

[1]

Editor's Note: The diagram which immediately followed this table was repealed 2-8-2016 by L.L. No. 2-2016.

3-4-3.

Accessory Uses and Structures.

R-1 Permitted Accessory Uses and Structures	Standards
Auxiliary housing units	§ 6-8-2
Detached private garages and parking areas
Home occupations	§ 6-8-6
Off-street parking, loading and stacking	§ 7-1
Private gardens
Private recreational uses and structures
Private schools and day-care centers, accredited when required by NYS, when accessory to a place of worship
Solar energy systems [Added 12-11-2017 by L.L. No. 24-2017]	§ 6-10
Rooming and boarding of not more than two persons only when the dwelling is occupied by the actual record owner thereof
Signs	§ 7-8
Small wind energy system [Added 8-17-2009 by L.L. No. 12-2009]	§ 6-8-14
Swimming pools	§ 6-8-12
Other uses and structures customarily incidental to the principal use

Dimensional Standards.

R-1 Accessory Use Dimensional Standards
Min. building separation	5 ft
Min. from lot line	3 ft
Max. height	20 ft
Max. building coverage (including principal structure)	40%
Note: For explanation of measurements, computations, and exceptions see § 2-5.

3-4-4.

General Development Standards. Development in the R-1 district shall also comply with the requirements referenced in the table below.

R-1 General Development Standards
Off-Street Parking, Loading and Stacking	§ 7-1
Landscaping, Buffers and Screening	§ 7-2
Site Lighting	§ 7-3
Outdoor Storage and Display	§ 7-4
Fences and Walls	§ 7-5
Access and Circulation	§ 7-6
Provisions for Flood Hazard Reduction	§ 7-7
Sign Regulations	§ 7-8
Performance Standards	§ 7-9
Bulk Storage of Combustible or Flammable Liquids	§ 7-10

§ 3-5 Residential District Two (R-2)

3-5-1.

3-5-2.

Principal and Special Uses.

Permitted Uses and Structures. There shall be not more than one principal structure permitted on a lot in the R-2 district.

R-2	Permitted	Special Use	Standards
OPEN USES
No open uses allowed
RESIDENTIAL USES
Single-family detached
Common recreation structure or use			§ 6-2-3
PUBLIC AND CIVIC USES
Minor utilities
Park or open space
Place of worship			§ 6-3-3
Public utility service structure or facility			§ 6-3-4
Telecommunication facility			§ 6-7
COMMERCIAL USES
Bed and breakfast			§ 6-4-2
INDUSTRIAL USES
No industrial uses allowed

Dimensional Standards.

R-2 Principal Use Dimensional Standards
Min. lot area (per dwelling)		11,500 sf
Min. lot width		80 ft
Min. yards
	Front yard	30 ft
	Rear yard	35 ft
	Combined side yard	20 ft
	Each side yard	8 ft
	Corner lot	See § 2-5-2A(5)
	Through lot	See § 2-5-2A(2)
Max. height		2 stories (up to 35 ft)
Max. building coverage		35%
Min. floor area (dwelling only)
	1 story	1,200 sf
	More than 1 story	1,400 sf
Note: For explanation of measurements, computations, and exceptions see § 2-5.[1]

[1]

Editor's Note: The diagram which immediately followed this table was repealed 2-8-2016 by L.L. No. 2-2016.

3-5-3.

Accessory Uses and Structures.

R-2 Permitted Accessory Uses and Structures	Standards
Auxiliary housing units	§ 6-8-2
Detached private garages and parking areas
Home occupations	§ 6-8-6
Off-street parking, loading and stacking	§ 7-1
Private gardens
Private recreational uses and structures
Private schools and day-care centers, accredited when required by NYS, when accessory to a place of worship
Solar energy systems [Added 12-11-2017 by L.L. No. 24-2017]	§ 6-10
Rooming and boarding of not more than two persons only when the dwelling is occupied by the actual record owner thereof
Signs	§ 7-8
Small wind energy system [Added 8-17-2009 by L.L. No. 12-2009]	§ 6-8-14
Swimming pools	§ 6-8-12
Other Uses and structures customarily incidental to the principal use

Dimensional Standards.

R-2 Accessory Use Dimensional Standards
Min. building separation	5 ft
Min. from lot line	3 ft
Max. height	20 ft
Max. building coverage (including principal structure)	40%
Note: For explanation of measurements, computations, and exceptions see § 2-5.

3-5-4.

General Development Standards. Development in the R-2 district shall also comply with the requirements referenced in the table below.

R-2 General Development Standards
Off-Street Parking, Loading and Stacking	§ 7-1
Landscaping, Buffers and Screening	§ 7-2
Site Lighting	§ 7-3
Outdoor Storage and Display	§ 7-4
Fences and Walls	§ 7-5
Access and Circulation	§ 7-6
Provisions for Flood Hazard Reduction	§ 7-7
Sign Regulations	§ 7-8
Performance Standards	§ 7-9
Bulk Storage of Combustible or Flammable Liquids	§ 7-10

§ 3-6 Residential District Three (R-3)

3-6-1.

3-6-2.

Principal and Special Uses.

Permitted Uses and Structures. There shall be not more than one principal structure permitted on a lot in the R-3 district.

R-3	Permitted	Special Use	Standards
OPEN USES
No open uses allowed
RESIDENTIAL USES
Single-family detached
Common recreation structure or use			§ 6-2-3
PUBLIC AND CIVIC USES
Minor utilities
Park or open space
Place of worship			§ 6-3-3
Public utility service structure or facility			§ 6-3-4
Telecommunication facility			§ 6-7
COMMERCIAL USES
Bed and breakfast			§ 6-4-2
INDUSTRIAL USES
No industrial uses allowed

Dimensional Standards.

R-3 Principal Use Dimensional Standards
Min. lot area (per dwelling)
	Interior	8,450 sf
	Corner	9,750 sf
Min. lot width
	Interior	65 ft
	Corner	75 ft
Min. yards
	Front yard	30 ft
	Rear yard	30 ft
	Combined side yards	10 ft
	Each side yard	5 ft
	Corner lot	See § 2-5-2A(5)
	Through lot	See § 2-5-2A(2)
Max. height		2 stories (up to 35 ft)
Max. building coverage		35%
Min. floor area (dwelling only)
	Under 2 stories	1,000 sf
	2 or more stories	1,200 sf
Note: For explanation of measurements, computations, and exceptions see § 2-5.[1]

[1]

Editor's Note: The diagram which immediately followed this table was repealed 2-8-2016 by L.L. No. 2-2016.

3-6-3.

Accessory Uses and Structures.

R-3 Permitted Accessory Uses and Structures	Standards
Auxiliary housing units	§ 6-8-2
Detached private garages and parking areas
Home occupations	§ 6-8-6
Off-street parking, loading and stacking	§ 7-1
Private gardens
Private recreational uses and structures
Private schools and day-care centers, accredited when required by NYS, when accessory to a place of worship
Solar energy systems [Added 12-11-2017 by L.L. No. 24-2017]	§ 6-10
Rooming and boarding of not more than two persons only when the dwelling is occupied by the actual record owner thereof
Signs	§ 7-8
Small wind energy system [Added 8-17-2009 by L.L. No. 12-2009]	§ 6-8-14
Swimming pools	§ 6-8-12
Other uses and structures customarily incidental to the principal use

Dimensional Standards.

R-3 Accessory Use Dimensional Standards
Min. building separation	5 ft
Min. from lot line	3 ft
Max. height	20 ft
Max. building coverage (including principal structure)	40%
Note: For explanation of measurements, computations, and exceptions see § 2-5.

3-6-4.

General Development Standards. Development in the R-3 district shall also comply with the requirements referenced in the table below.

R-3 General Development Standards
Off-Street Parking, Loading and Stacking	§ 7-1
Landscaping, Buffers and Screening	§ 7-2
Site Lighting	§ 7-3
Outdoor Storage and Display	§ 7-4
Fences and Walls	§ 7-5
Access and Circulation	§ 7-6
Provisions for Flood Hazard Reduction	§ 7-7
Sign Regulations	§ 7-8
Performance Standards	§ 7-9
Bulk Storage of Combustible or Flammable Liquids	§ 7-10

§ 3-7 Cluster Residential District Three-A (CR-3A)

3-7-1.

Purpose. To provide areas within the town for low-density single-family detached residential development on lots which may vary in size but where the minimum lot area per dwelling unit is 5,000 square feet. This district is designed to permit greater flexibility and creativity in the location of structures on the land to encourage conservation and to utilize topography and site features to the best advantage.

3-7-2.

Principal and Special Uses.

Permitted Uses and Structures. There shall be not more than one principal structure permitted on a lot in the CR-3A district.

CR-3A	Permitted	Special Use	Standards
OPEN USES
No open uses allowed
RESIDENTIAL USES
Single-family detached
Common recreation structure or use			§ 6-2-3
Patio home			§ 6-2-5
Zero lot line home			§ 6-2-7
PUBLIC AND CIVIC USES
Minor utilities
Park or open space
Place of worship			§ 6-3-3
Public utility service structure or facility			§ 6-3-4
Telecommunication facility			§ 6-7
COMMERCIAL USES
Bed and breakfast			§ 6-4-2
INDUSTRIAL USES
No industrial uses allowed

Dimensional Standards.

CR-3A Principal Use Dimensional Standards
Min. lot area (per dwelling)		5,000 sf
Min. lot width		40 ft
Min. yards
	Front yard	25 ft
	Rear yard	30 ft
	Side yard	None
	Corner lot	See § 2-5-2A(5)
	Through lot	See § 2-5-2A(2)
Min. building separation		10 ft
Max. height		2 stories (up to 35 ft)
Max. building coverage		40%
Min. floor area (dwelling only)
	Under 2 stories	1,000 sf
	2 or more stories	1,200 sf
Note: For explanation of measurements, computations, and exceptions see § 2-5.[1]

[1]

Editor's Note: The diagram which immediately followed this table was repealed 2-8-2016 by L.L. No. 2-2016.

3-7-3.

Accessory Uses and Structures.

CR-3A Permitted Accessory Uses and Structures	Standards
Auxiliary housing units	§ 6-8-2
Detached private garages and parking areas
Home occupations	§ 6-8-6
Off-street parking, loading and stacking	§ 7-1
Private gardens
Private recreational uses and structures
Private schools and day-care centers, accredited when required by NYS, when accessory to a place of worship
Solar energy systems [Added 12-11-2017 by L.L. No. 24-2017]	§ 6-10
Rooming and boarding of not more than two persons only when the dwelling is occupied by the actual record owner thereof
Signs	§ 7-8
Small wind energy system [Added 8-17-2009 by L.L. No. 12-2009]	§ 6-8-14
Swimming pools	§ 6-8-12
Other uses and structures customarily incidental to the principal use

Dimensional Standards.

CR-3A Accessory Use Dimensional Standards
Min. building separation	5 ft
Min. from lot line	3 ft
Max. height	20 ft
Max. building coverage (including principal structure)	45%
Note: For explanation of measurements, computations, and exceptions see § 2-5.

3-7-4.

General Development Standards. Development in the R-3 district shall also comply with the requirements referenced in the table below.

CR-3A General Development Standards
Off-Street Parking, Loading and Stacking	§ 7-1
Landscaping, Buffers and Screening	§ 7-2
Site Lighting	§ 7-3
Outdoor Storage and Display	§ 7-4
Fences and Walls	§ 7-5
Access and Circulation	§ 7-6
Provisions for Flood Hazard Reduction	§ 7-7
Sign Regulations	§ 7-8
Performance Standards	§ 7-9
Bulk Storage of Combustible or Flammable Liquids	§ 7-10

§ 3-8 Traditional Single-Family Residential District (TR-3)

3-8-1.

Purpose. To provide for higher-density single-family development only within or near existing smaller lot single-family neighborhoods where each dwelling unit is located on an individual lot of at least 4,500 square feet.

3-8-2.

Principal and Special Uses.

Permitted Uses and Structures. There shall be not more than one principal structure permitted on a lot in the TR-3 district.

TR-3	Permitted	Special Use	Standards
OPEN USES
No open uses allowed
RESIDENTIAL USES
Single-family detached
Common recreation structure or use			§ 6-2-3
PUBLIC AND CIVIC USES
Minor utilities
Park or open space
Place of worship			§ 6-3-3
Public utility service structure or facility			§ 6-3-4
Telecommunication facility			§ 6-7
COMMERCIAL USES
Bed and breakfast			§ 6-4-2
INDUSTRIAL USES
No industrial uses allowed

Dimensional Standards.

TR-3 Principal Use Dimensional Standards
Min. lot area (per dwelling)
	Interior	4,500 sf
	Corner	5,800 sf
Min. lot width
	Interior	40 ft
	Corner	50 ft
Min. yards
	Front yard	25-ft
	Rear yard	25 ft
	Combined yard	10 ft
	Each side yard	5 ft
	Corner lot	See § 2-5-2A(5)
	Through lot	See § 2-5-2A(2)
Max. height		35 ft
Max. building coverage		45%
Min. floor area (dwelling only)		1,000 sf
Note: For explanation of measurements, computations, and exceptions see § 2-5.[1]

[1]

Editor's Note: The diagram which immediately followed this table was repealed 2-8-2016 by L.L. No. 2-2016.

3-8-3.

Accessory Uses and Structures.

TR-3 Permitted Accessory Uses and Structures	Standards
Detached private garages and parking areas
Home occupations	§ 6-8-7
Off-street parking, loading and stacking	§ 7-1
Private gardens
Private recreational uses and structures
Private schools and day-care centers, accredited when required by New York State, when accessory to a place of worship
Solar energy systems [Added 12-11-2017 by L.L. No. 24-2017]	§ 6-10
Signs	§ 7-8
Small wind energy system [Added 8-17-2009 by L.L. No. 12-2009]	§ 6-8-14
Swimming pool	§ 6-8-13
Other uses and structures customarily incidental to the principal use

Dimensional Standards.

TR-3 Accessory Use Dimensional Standards
Min. building separation	6 ft
Min. from lot line	3 ft
Max. height	20 ft
Max. building coverage (including principal structure)	50%
Note: For explanation of measurements, computations, and exceptions see § 2-5.

3-8-4.

General Development Standards. Development in the TR-3 District shall also comply with the requirements referenced in the table below.

TR-3 General Development Standards
Off-Street Parking, Loading and Stacking	§ 7-1
Landscaping, Buffers and Screening	§ 7-2
Site Lighting	§ 7-3
Outdoor Storage and Display	§ 7-4
Fences and Walls	§ 7-5
Access and Circulation	§ 7-6
Provisions for Flood Hazard Reduction	§ 7-7
Sign Regulations	§ 7-8
Performance Standards	§ 7-9
Bulk Storage of Combustible or Flammable Liquids	§ 7-10

§ 3-9 Residential District Four (R-4)

3-9-1.

Purpose. To provide areas within the Town for the development of attached or detached dwelling units within a single structure.

3-9-2.

Principal and Special Uses.

Permitted Uses and Structures. There shall be not more than one principal structure permitted on a lot in the R-4 district.

R-4	Permitted	Special Use	Standards
OPEN USES
No open uses allowed
RESIDENTIAL USES
Single-family detached
Attached dwelling			§ 6-2-1
Common recreation structure or use			§ 6-2-3
PUBLIC AND CIVIC USES
Minor utilities
Park or open space
Place of worship			§ 6-3-3
Public utility service structure or facility			§ 6-3-4
Telecommunication facility			§ 6-7
COMMERCIAL USES
Bed and breakfast			§ 6-4-2
INDUSTRIAL USES
No industrial uses allowed

Dimensional Standards.

(1)

Detached Dwelling Units. As permitted and regulated in the R-3 district.

[Amended 9-9-2013 by L.L. No. 17-2013]

(2)

Attached Dwelling Units.

R-4 Principal Use Dimensional Standards
Min. lot area (per dwelling)		5,850 sf
Min. lot width
	Two-family	90 ft
	Three-family	105 ft
	Four-family	120 ft
Min. yards
	Front yard	30 ft
	Rear yard	30 ft
	Combined side yards	20 ft
	Each side yard	8 ft
	Corner lot	See § 2-5-2A(5)
	Through lot	See § 2-5-2A(2)
Max. height		35 ft
Max. building coverage		35%
Min. floor area (dwelling only)
	0 bedroom	400 sf
	1 bedroom	640 sf
	2 bedroom	760 sf
	3 bedroom	1,000 sf
	4 bedroom	1,200 sf
Note: For explanation of measurements, computations, and exceptions see § 2-5.[1]

[1]

Editor's Note: The diagram which immediately followed this table was repealed 2-8-2016 by L.L. No. 2-2016.

3-9-3.

Accessory Uses and Structures.

Permitted Accessory Uses and Structures. The following accessory uses and structures incidental to any permitted principal use are allowed subject to the requirements of § 6-8, Accessory Uses

[Amended 12-12-2011 by L.L. No. 29-2011]

R-4 Permitted Accessory Uses and Structures	Standards
Auxiliary housing units	§ 6-8-2
Detached private garages and parking areas
Dumpsters/refuse containers [Amended 12-12-2011 by L.L. No. 29-2011]	§ 7-2-4D
Home occupations	§ 6-8-6
Off-street parking, loading and stacking	§ 7-1
Private gardens
Private recreational uses and structures
Private schools and day-care centers, accredited when required by NYS, when accessory to a place of worship
Solar energy systems [Added 12-11-2017 by L.L. No. 24-2017]	§ 6-10
Rooming and boarding of not more than two persons only when accessory to detached dwelling units
Signs	§ 7-8
Small wind energy system [Added 8-17-2009 by L.L. No. 12-2009]	§ 6-8-14
Swimming pools	§ 6-8-12
Other uses and structures customarily incidental to the principal use

Dimensional Standards. The following dimensional standards apply to structures that are accessory to a detached dwelling unit only.

R-4 Accessory Use Dimensional Standards
Min. building separation	5 ft
Min. from lot line [Amended 2-8-2016 by L.L. No. 2-2016]	5 ft
Max. height	20 ft
Max. building coverage (including principal structure)	40%
Note: For explanation of measurements, computations, and exceptions see § 2-5.

3-9-4.

General Development Standards. Development in the R-4 district shall also comply with the requirements referenced in the table below.

R-4 General Development Standards
Off-Street Parking, Loading and Stacking	§ 7-1
Landscaping, Buffers and Screening	§ 7-2
Site Lighting	§ 7-3
Outdoor Storage and Display	§ 7-4
Fences and Walls	§ 7-5
Access and Circulation	§ 7-6
Provisions for Flood Hazard Reduction	§ 7-7
Sign Regulations	§ 7-8
Performance Standards	§ 7-9
Bullk[2] Storage of Combustible or Flammable Liquids	§ 7-10

[2]

So in original.

§ 3-10 Multifamily Residential District Four-A (MFR-4A)

3-10-1.

Purpose. To provide areas within the Town for the development of attached and detached dwelling units.

3-10-2.

Principal and Special Uses.

Permitted Uses and Structures.

MFR-4A	Permitted	Special Use	Standards
OPEN USES
No open uses allowed
RESIDENTIAL USES
Single-family detached
Attached dwelling
Common recreation structure or use			§ 6-2-3
PUBLIC AND CIVIC USES
Minor utilities
Park or open space
Place of worship			§ 6-3-3
Public utility service structure or facility			§ 6-3-4
Telecommunication facility			§ 6-7
COMMERCIAL USES
Bed and breakfast			§ 6-4-2
INDUSTRIAL USES
No industrial uses allowed

Dimensional Standards.

For parcels 30 acres in size or more as of (effective date), the Planned Unit Development Process is required. See § 6-9.

[Added 5-20-2013 by L.L. No. 8-2013]

(1)

Detached Dwelling Units On Individual Lots.

MFR-4A Principal Use Dimensional Standards
Min. lot area (per dwelling)
	Interior	6,000 sf
	Corner	7,200 sf
Min. lot width
	Interior	50 ft
	Corner	60 ft
Min. yards
	Front yard	25 ft
	Rear yard	20 ft
	Side yard	5 ft*
	Corner lot	See § 2-5-2A(5)
	Through lot	See § 2-5-2A(2)
Min. Location & Separation
	Front to street	25 ft
	Side (building to building)	10 ft
	From lot line	5 ft
Max. height		2 stories (up to 35 ft)
Max. building coverage		40%
*	However, at the time of final plat approval, site plan approval, or amendment thereof, upon application by one owner of all lots to be affected hereby, the Planning Board may permit development with side yards of less than five feet, provided that buildings on adjacent lots or the nearest adjacent building, if on the same lot, shall be separated by at least 10 feet.

(2)

Detached Dwelling Units Not On Individual Lots.

[Amended 8-1-2011 by L.L. No. 19-2011]

MFR-4A Principal Use Dimensional Standards
Minimum lot area per dwelling		1 unit/6,000 sf
Min. lot width
	Interior	50 ft
	Corner	60 ft
Min. Location & Separation
	Front to street	25 ft
	Rear	20 ft
	Side (building to building)	10 ft
	From lot line	5 ft
Max. height		2 stories (up to 35 ft)
Max. building coverage		40%
Min. floor area (dwelling only)
	Under 2 stories	1,000 sf
	2 or more stories	1,200 sf
Note: For explanation of measurements, computations, and exceptions see § 2-5.

(3)

Attached Dwelling Units.

MFR-4A Principal Use Dimensional Standards
Min. lot area per dwelling		4,300 sf
Min. lot width		120 ft
Min. yards
	Front yard	30 ft
	Rear yard	40 ft
	Side yard	40 ft
	Corner lot	See § 2-5-2A(4)
	Through lot	See § 2-5-2A(2)
Max. height		35 ft
Max. building coverage		35%
Min. floor area (dwelling only)
	0 bedroom	400 sf
	1 bedroom	640 sf
	2 bedroom	760 sf
	3 bedroom	1,000 sf
	4 bedroom	1,200 sf
Note: For explanation of measurements, computations, and exceptions see § 2-5.

3-10-3.

Accessory Uses and Structures.

Permitted Accessory Uses and Structures. The following accessory uses and structures incidental to any permitted principal use are allowed subject to the requirements of § 6-8, Accessory Uses

[Amended 12-12-2011 by L.L. No. 29-2011]

MFR-4A Permitted Accessory Uses and Structures	Standards
Auxiliary housing units	§ 6-8-2
Detached private garages and parking areas
Dumpsters/refuse containers [Amended 12-12-2011 by L.L. No. 29-2011]	§ 7-2-4D
Home occupations	§ 6-8-6
Off-street parking, loading and stacking	§ 7-1
Private gardens
Private recreational uses and structures
Private schools and day-care centers, accredited when required by NYS, when accessory to a place of worship
Solar energy systems [Added 12-11-2017 by L.L. No. 24-2017]	§ 6-10
Rooming and boarding of not more than two persons only when the dwelling is occupied by the actual record owner thereof
Signs	§ 7-8
Small wind energy system [Added 8-17-2009 by L.L. No. 12-2009]	§ 6-8-14
Swimming pools	§ 6-8-12
Other uses and structures customarily incidental to the principal use

Dimensional Standards.

MFR-4A Accessory Use Dimensional Standards
Min. building separation	5 ft
Min. from lot line [Amended 2-8-2016 by L.L. No. 2-2016]	5 ft
Max. height	20 ft
Max. building coverage (including principal structure)	45%
Note: For explanation of measurements, computations, and exceptions see § 2-5.

3-10-4.

General Development Standards. Development in the MFR-4A district shall also comply with the requirements referenced in the table below.

MFR-4A General Development Standards
Accessory Structure Minimum Yard & Building Spacing [Added 10-9-2017 by L.L. No. 21-2017]	§ 3-15-6
Off-Street Parking, Loading and Stacking	§ 7-1
Landscaping, Buffers and Screening	§ 7-2
Site Lighting	§ 7-3
Outdoor Storage and Display	§ 7-4
Fences and Walls	§ 7-5
Access and Circulation	§ 7-6
Provisions for Flood Hazard Reduction	§ 7-7
Sign Regulations	§ 7-8
Performance Standards	§ 7-9
Bulk Storage of Combustible or Flammable Liquids	§ 7-10

§ 3-11 Multifamily Residential District Five (MFR-5)

3-11-1.

Purpose. To provide areas within the Town for medium-density multifamily development where the relationship among buildings and between wings of a single building is regulated in order to assure adequate light and air to residents and protection to and from surrounding development.

3-11-2.

Principal and Special Uses.

Permitted Uses and Structures.

MFR-5	Permitted	Special Use	Standards
OPEN USES
No open uses allowed
RESIDENTIAL USES
Single-family detached
Attached dwelling
Common recreation structure or use			§ 6-2-3
Dormitory [Amended 9-6-2016 by L.L. No. 10-2016]			§ 6-2-4
PUBLIC AND CIVIC USES
Minor utilities
Park or open space
Place of worship			§ 6-3-3
Public utility service structure or facility			§ 6-3-4
Telecommunication facility			§ 6-7
COMMERCIAL USES
Bed and breakfast			§ 6-4-2
INDUSTRIAL USES
No industrial uses allowed

Dimensional Standards.

For parcels 30 acres in size or more as of (effective date), the Planned Unit Development Process is required. See § 6-9.

[Added 5-20-2013 by L.L. No. 8-2013]

(1)

Detached Dwelling Units. As permitted and regulated in the MFR-4A district.

[Amended 9-9-2013 by L.L. No. 17-2013]

(2)

Attached Dwelling Units. As permitted and regulated in the R-4 district or in accordance with the following table.

[Amended 8-1-2011 by L.L. No. 19-2011; 9-9-2013 by L.L. No. 17-2013[1]]

MFR-5 Principal Use Dimensional Standards [Amended 9-9-2013 by L.L. No. 17-2013]
Min. lot area (per dwelling)
	0 to 1 bedroom	3,630 sf
	2 bedroom	4,356 sf
	3 bedroom	5,445 sf
	4 bedroom	6,250 sf
Min. lot width		150 ft
Min. yards		see § 3-15-5
Min. building separation		see § 3-15-5 [Added 9-9-2013 by L.L. No. 17-2013]
Max. height		35 ft
Max. building coverage		40%
Min. floor area (dwelling only)
	0 bedroom	400 sf
	1 bedroom	640 sf
	2 bedroom	760 sf
	3 bedroom	1,000 sf
	4 bedroom	1,200 sf
Note: For explanation of measurements, computations, and exceptions see § 2-5.[2]

[1]

Editor's Note: This ordinance also repealed former § 3-11-2B(3), Attached Dwelling Units Not on Individual Lots, as amended 8-1-2011 by L.L. No. 19-2011, which immediately followed this subsection.

[2]

Editor's Note: The diagram which immediately followed this table was repealed 2-8-2016 by L.L. No. 2-2016.

3-11-3.

Accessory Uses and Structures.

Permitted Accessory Uses and Structures. The following accessory uses and structures incidental to any permitted principal use are allowed subject to the requirements of § 6-8, Accessory Uses

[Amended 12-12-2011 by L.L. No. 29-2011]

(1)

Detached Dwelling Unit.

MFR-5 Permitted Accessory Uses and Structures	Standards
Auxiliary housing units	§ 6-8-2
Detached private garages and parking areas
Dumpsters/refuse containers [Amended 12-12-2011 by L.L. No. 29-2011]	§ 7-2-4D
Home occupations	§ 6-8-6
Off-street parking, loading and stacking	§ 7-1
Private gardens
Private recreational uses and structures
Private schools and day-care centers, accredited when required by NYS, when accessory to a place of worship
Solar energy system [Added 12-11-2017 by L.L. No. 24-2017]	§ 6-10
Rooming and boarding of not more than two persons only when the dwelling is occupied by the actual record owner thereof
Signs	§ 7-8
Small energy wind system [Added 8-17-2009 by L.L. No. 12-2009]	§ 6-8-14
Swimming pools	§ 6-8-12
Other uses and structures customarily incidental to the principal use

(2)

Attached Dwelling Unit.

MFR-5 Permitted Accessory Uses and Structures Standards
Area for active recreation	§ 3-15-6
Dumpsters/refuse containers [Amended 12-12-2011 by L.L. No. 29-2011]	§ 7-2-4D
Parking loading and stacking area and driveway	§ 3-15-6 [Added 9-9-2013 by L.L. No. 17-2013]
Private garages	§ 3-15-6 [Added 9-9-2013 by L.L. No. 17-2013]
Solar energy systems [Added 12-11-2017 by L.L. No. 24-2017]	§ 6-10
Signs	§ 3-15-6
Storage garages and sheds	§ 3-15-6 [Added 9-9-2013 by L.L. No. 17-2013]
Swimming pools	§ 3-15-6 [Added 9-9-2013 by L.L. No. 17-2013]
Small wind energy system [Added 8-17-2009 by L.L. No. 12-2009]	§ 6-8-14
Other uses and structures customarily incidental to the principal use

Dimensional Standards Accessory Uses to Attached Dwelling Units.

(1)

When principal uses and structures are developed according to § 3-11-2B(2), the following standards shall be required.

[Amended 9-9-2013 by L.L. No. 17-2013]

MFR-5 Accessory Use Dimensional Standards
Min. building separation	§ 3-15-6
Min. from lot line	§ 3-15-6 [Added 9-9-2013 by L.L. No. 17-2013]
Max. height	20 ft
Max. building coverage (including principal structure)	45%
Note: For explanation of measurements, computations, and exceptions see § 2-5.

(2)

When principal uses and structures are developed according to Option 2 and detached dwelling units of § 3-11-2B(2), the following standards shall be required.

MFR-5 Accessory Use Dimensional Standards
Min. building separation	5 ft
Min. from lot line	5 ft [Amended 9-9-2013 by L.L. No. 17-2013]
Max. height	20 ft
Max. building coverage (including principal structure)	40%
Note: For explanation of measurements, computations, and exceptions see § 2-5.

3-11-4.

General Development Standards. Development in the MFR-5 district shall also comply with the requirements referenced in the table below.

MFR-5 General Development Standards
Accessory Structure Minimum Yard & Building Spacing [Added 10-9-2017 by L.L. No. 21-2017]	§ 3-15-6
Off-Street Parking, Loading and Stacking	§ 7-1
Landscaping, Buffers and Screening[3]	§ 7-2
Site Lighting	§ 7-3
Outdoor Storage and Display	§ 7-4
Fences and Walls	§ 7-5
Access and Circulation	§ 7-6
Provisions for Flood Hazard Reduction	§ 7-7
Sign Regulations	§ 7-8
Performance Standards	§ 7-9
Bulk Storage of Combustible or Flammable Liquids	§ 7-10

[3]

So in original.

§ 3-12 Multifamily Residential District Six (MFR-6)

3-12-1.

Purpose. To provide areas within the Town for high-density development where the relationship among buildings and between wings of a single building is regulated in order to assure adequate light and air to residents and protection to and from surrounding developments.

3-12-2.

Principal and Special Uses.

Permitted Uses and Structures.

MFR-6	Permitted	Special Use	Standards
OPEN USES
No open uses allowed
RESIDENTIAL USES
Single-family detached
Attached dwelling
Common recreation structure or use			§ 6-2-3
Dormitory [Amended 9-6-2016 by L.L. No. 10-2016]			§ 6-2-4
PUBLIC AND CIVIC USES
Minor utilities
Park or open space
Place of worship			§ 6-3-3
Public utility service structure or facility			§ 6-3-4
Telecommunication facility			§ 6-7
COMMERCIAL USES
Bed and breakfast			§ 6-4-2
INDUSTRIAL USES
No industrial uses allowed

Dimensional Standards.

For parcels 30 acres in size or more as of (effective date), the Planned Unit Development Process is required. See § 6-9.

[Added 5-20-2013 by L.L. No. 8-2013]

(1)

Detached Dwelling Units On Individual Lots.

MFR-6 Principal Use Dimensional Standards
Min. lot area (per dwelling)
	Interior	6,000 sf
	Corner	7,200 sf
Min. lot width
	Interior	50 ft
	Corner	60 ft
Min. yards
	Front yard	25 ft
	Rear yard	See § 2-5-4B(3)
	Side yard	See § 2-5-4B(3)
	Corner lot	See § 2-5-2A(5)
	Through lot	See § 2-5-2A(2)
Min. Location & Separation
	Front to street	25 ft
	Side (building to building)	10 ft
	From lot line	5 ft
Max. height		2 stories (up to 35 ft)
Max. building coverage		40%
Note: For explanation of measurements, computations, and exceptions see § 2-5.

(2)

Detached Dwelling Units Not On Individual Lots.

MFR-6 Principal Use Dimensional Standards
Min. lot area per dwelling unit		1 unit/6,000 sf
Max. Units per individual lot		8
Min. lot width
	Interior	50 ft
	Corner	60 ft
Min. Location & Separation
	Front to street	25 ft
	Side (building to building)	10 ft
	From lot line	5 ft
Max. height		2 stories (up to 35 ft)
Max. building coverage		40%
Note: For explanation of measurements, computations, and exceptions see § 2-5.

(3)

Attached Dwelling Units.

MFR-6 Principal Use Dimensional Standards
Min. lot area (per dwelling)
	0 to 1 bedroom	2,562 sf
	2 bedroom	2,904 sf
	3 bedroom	3,630 sf
	4 bedroom	4,356 sf
Min. lot width		200 ft
Min. yards		see § 3-15-5
Min. building separation		see § 3-15-5 [Added 9-9-2013 by L.L. No. 17-2013]
Max. height		65 ft
Max. building coverage		40%
Min. floor area (dwelling only)
	0 bedroom	400 sf
	1 bedroom	640 sf
	2 bedroom	760 sf
	3 bedroom	1,000 sf
	4 bedroom	1,200 sf
Note: For explanation of measurements, computations, and exceptions see § 2-5.[1]

[1]

Editor's Note: The diagram which immediately followed this table, as amended 4-12-2010 by L.L. No. 2-2010, was repealed 2-8-2016 by L.L. No. 2-2016.

3-12-3.

Accessory Uses and Structures.

Permitted Accessory Uses and Structures. The following accessory uses and structures incidental to any permitted principal use are allowed subject to the requirements of § 6-8, Accessory Uses

[Amended 12-12-2011 by L.L. No. 29-2011]

(1)

Detached Dwelling Unit.

MFR-6 Permitted Accessory Uses and Structures	Standards
Auxiliary housing units	§ 6-8-2
Detached private garages and parking areas
Dumpsters/refuse containers [Amended 12-12-2011 by L.L. No. 29-2011]	§ 7-2-4D
Home occupations	§ 6-8-6
Off-street parking, loading and stacking	§ 7-1
Private gardens
Private recreational uses and structures
Private schools and day-care centers, accredited when required by NYS, when accessory to a place of worship
Solar energy systems [Added 12-11-2017 by L.L. No. 24-2017]	§ 6-10
Rooming and boarding of not more than two persons only when the dwelling is occupied by the actual record owner thereof
Signs	§ 7-8
Small wind energy system [Added 8-17-2009 by L.L. No. 12-2009]	§ 6-8-14
Swimming pools	§ 6-8-12
Other uses and structures customarily incidental to the principal use

(2)

Attached Dwelling Unit.

MFR-6 Permitted Accessory Uses and Structures Standards
Area for active recreation	§ 3-15-6
Dumpsters/refuse containers [Amended 12-12-2011 by L.L. No. 29-2011]	§ 7-2-4D
Parking loading and stacking area and driveway
Private garage
Solar energy systems [Added 12-11-2017 by L.L. No. 24-2017]	§ 6-10
Signs	§ 3-15-6
Storage garage
Swimming pools
Small wind energy system [Added 8-17-2009 by L.L. No. 12-2009]	§ 6-8-14
Other uses and structures customarily incidental to the principal use

Dimensional Standards.

(1)

Accessory Uses to Attached Dwelling Units.

MFR-6 Accessory Use Dimensional Standards
Min. building separation	§ 3-15-6
Min. from lot line	§ 3-15-6 [Added 9-9-2013 by L.L. No. 17-2013]
Max. height	20 ft
Max. building coverage (including principal structure)	45%
Note: For explanation of measurements, computations, and exceptions see § 2-5.

(2)

Accessory Uses to Detached Dwelling Units.

MFR-6 Accessory Use Dimensional Standards
Min. building separation	5 ft
Min. from lot line [Amended 2-8-2016 by L.L. No. 2-2016]	5 ft
Max. height	20 ft
Max. building coverage (including principal structure)	45%
Note: For explanation of measurements, computations, and exceptions see § 2-5.

3-12-4.

General Development Standards. Development in the MFR-6 district shall also comply with the requirements referenced in the table below.

MFR-6 General Develop Standards
Accessory Structure Minimum Yard & Building Spacing [Added 10-9-2017 by L.L. No. 21-2017]	§ 3-15-6
Off-Street Parking, Loading and Stacking	§ 7-1
Landscaping, Buffers and Screening	§ 7-2
Site Lighting	§ 7-3
Outdoor Storage and Display	§ 7-4
Fences and Walls	§ 7-5
Access and Circulation	§ 7-6
Provisions for Flood Hazard Reduction	§ 7-7
Sign Regulations	§ 7-8
Performance Standards	§ 7-9
Bulk Storage of Combustible or Flammable Liquids	§ 7-10

§ 3-13 Multifamily Residential District Seven (MFR-7)

3-13-1.

Purpose. To provide areas within the Town for high-density development of adult care facilities, such as senior citizen housing, nursing homes, intermediate care facilities, and single-family detached dwellings not on individual lots.

[Amended 8-20-2012 by L.L. No. 15-2012]

3-13-2.

Principal and Special Uses.

Permitted Uses and Structures.

MFR-7	Permitted	Special Use	Standards
OPEN USES
No open uses allowed
RESIDENTIAL USES
Adult care facility			§ 6-2-2
Hospice
Intermediate care facility
Nursing home
Residential care center for adults
Senior citizen housing[1]			§ 6-2-2
Single-family detached, not on individual lots
PUBLIC AND CIVIC USES
Minor utilities
Park or open space
Place of worship			§ 6-3-3
Public utility service structure or facility			§ 6-3-4
Telecommunication facility			§ 6-7
COMMERCIAL USES
Bed and breakfast			§ 6-4-2
INDUSTRIAL USES
No industrial uses allowed

[1]

Editor's Note: The entry for "single-family detached," which immediately followed this entry, was repealed 8-20-2012 by L.L. No. 15-2012.

Dimensional Standards.

For parcels 30 acres in size or more as of (effective date), the Planned Unit Development Process is required. See § 6-9.

[Added 5-20-2013 by L.L. No. 8-2013]

(1)

Detached Dwelling Units Not On Individual Lots.

[Amended 11-3-2014 by L.L. No. 39-2014]

MFR-7 Principal Use Dimensional Standards
Min. lot area per dwelling[2]			6,000 sf
Min. lot width
	Interior		50 ft
	Corner		60 ft
Min. Location & Separation
	Front to street —	height of structure for first 35 ft.	20 ft
		height of structure for any portion of building above 35 ft.	30 ft
	Side (building to building)		10 ft
	Rear		See § 2-5-4B(3)
	From lot line		See § 2-5-4B(3)
Max. height			65 ft
Max. building coverage			40%
Min. floor area (dwelling only)
	Under 2 stories		1,000 sf
	2 or more stories		1,200 sf
Note: For explanation of measurements, computations, and exceptions see § 2-5.

[2]

Editor's Note: The entry for “Max. Units per individual lot,” which immediately followed this entry, was repealed 8-20-2012 by L.L. No. 15-2012.

(2)

Attached Dwelling Units.

MFR-7 Principal Use Dimensional Standards
Min. lot area (per dwelling)
	0 to 1 bedroom	725 sf
	2 or more bedrooms	1,000 sf
Min. lot width		100 ft
Min. yards		See § 3-15-5
Min. building separation		30 ft
Max. height		65 ft
Max. building coverage		40%
Min. floor area (dwelling only)
	0 bedroom	400 sf
	1 bedroom	580 sf
	2 bedroom	700 sf
	3 bedroom	800 sf
	4 bedroom	900 sf
Note: For explanation of measurements, computations, and exceptions see § 2-5.[3]

[3]

Editor's Note: The diagram which immediately followed this table, as amended 4-12-2010 by L.L. No. 2-2010, was repealed 2-8-2016 by L.L. No. 2-2016.

3-13-3.

Accessory Uses and Structures.

Permitted Accessory Uses and Structures. The following accessory uses and structures incidental to any permitted principal use are allowed subject to the requirements of § 6-8, Accessory Uses

[Amended 12-12-2011 by L.L. No. 29-2011]

MFR-7 Permitted Accessory Uses and Structures	Standards
Convenience retail and service facility	§ 6-8-4
Dumpsters/refuse containers [Amended 12-12-2011 by L.L. No. 29-2011]	§ 7-2-4D
Garden, recreation and health care facility
Off-street parking, loading and stacking
Solar energy system [Added 12-11-2017 by L.L. No. 24-2017]	§ 6-10
Small wind energy system [Added 8-17-2009 by L.L. No. 12-2009]	§ 6-8-14
Other uses and structures customarily incidental to the principal use

Dimensional Standards.

MFR-7 Accessory Use Dimensional Standards.
Min. building separation	§ 3-15-6
Min. from lot line	§ 3-15-6 [Added 9-9-2013 by L.L. No. 17-2013]
Max. height	20 ft
Max. building coverage (including principal structure)	45%
Note: For explanation of measurements, computations, and exceptions see § 2-5.

3-13-4.

General Development Standards. Development in the MFR-7 district shall also comply with the requirements referenced in the table below.

MFR-7 General Development Standards
Accessory Structure Minimum Yard & Building Spacing [Added 10-9-2017 by L.L. No. 21-2017]	§ 3-15-6
Off-Street Parking, Loading and Stacking	§ 7-1
Landscaping, Buffers and Screening	§ 7-2
Site Lighting	§ 7-3
Outdoor Storage and Display	§ 7-4
Fences and Walls	§ 7-5
Access and Circulation	§ 7-6
Provisions for Flood Hazard Reduction	§ 7-7
Sign Regulations	§ 7-8
Performance Standards	§ 7-9
Bulk Storage of Combustible or Flammable Liquids	§ 7-10

§ 3-14 Manufactured Home Residential District Eight (MHR-8)

3-14-1.

Purpose. To provide areas planned and developed as manufactured home parks within the Town. The district will permit manufactured homes on individual lots.

3-14-2.

Principal and Special Uses.

Permitted Uses and Structures. There shall be not more than one principal structure permitted on a lot in the MHR-8 district.

MHR-8	Permitted	Special Use	Standards
OPEN USES
No open uses allowed
RESIDENTIAL USES
Manufactured home
PUBLIC AND CIVIC USES
Minor utilities
Park or open space
Place of worship			§ 6-3-3
Public utility service structure or facility			§ 6-3-4
Telecommunication facility			§ 6-7
COMMERCIAL USES
No commercial uses allowed
INDUSTRIAL USES
No industrial uses allowed

Dimensional Standards.

For parcels 30 acres in size or more as of (effective date), the Planned Unit Development Process is required. See § 6-9.

[Added 5-20-2013 by L.L. No. 8-2013]

MHR-8 Principal Use Dimensional Standards
SITE
	Min. area		10 acres
	Min. number of lots		50
	Min. width		100 ft
	Min. recreation area (of gross site area)		8%
	Min. between structure and park site boundary		25 ft
LOT
	Min. area		4,000 sf
	Min. width		40 ft
	Min. front yard
		Public street	30 ft
		Private street	25 ft
	Min. rear yard		15 ft
	Min. side yard		15 ft
	Min. building separation		20 ft
Note: For explanation of measurements, computations, and exceptions see § 2-5.[1]

[1]

Editor's Note: The diagram which immediately followed this table was repealed 2-8-2016 by L.L. No. 2-2016.

3-14-3.

Accessory Uses and Structures.

Permitted Accessory Uses and Structures. The following accessory uses and structures incidental to any permitted principal use are allowed subject to the requirements of § 6-8, Accessory Uses

[Amended 12-12-2011 by L.L. No. 29-2011]

MHR-8 Permitted Accessory Uses and Structures	Standards
Convenience retail and service	§ 6-8-4
Dumpsters/refuse containers [Amended 12-12-2011 by L.L. No. 29-2011]	§ 7-2-4D
Home occupation	§ 6-8-6
Off-street parking, loading and stacking	§ 7-1
Open space which may include recreational facilities to serve the residents of the park
Park office	§ 6-8-8
Private garage
Private garden
Solar energy systems [Added 12-11-2017 by L.L. No. 24-2017]	§ 6-10
Signs	§ 7-8
Small wind energy system [Added 8-17-2009 by L.L. No. 12-2009]	§ 6-8-14
Storage shed
Other uses and structures customarily incidental to the principal use

3-14-4.

General Development Standards. Development in the MHR-8 district shall also comply with the requirements referenced in the table below.

MHR-8 General Development Standards
Off-Street Parking, Loading and Stacking	§ 7-1
Landscaping, Buffers and Screening	§ 7-2
Site Lighting	§ 7-3
Outdoor Storage and Display	§ 7-4
Fences and Walls	§ 7-5
Access and Circulation	§ 7-6
Provisions for Flood Hazard Reduction	§ 7-7
Sign Regulations	§ 7-8
Performance Standards	§ 7-9
Bulk Storage of Combustible or Flammable Liquids	§ 7-10

§ 3-15 Supplemental Residential District Design Standards

3-15-1.

Accessory Structures and Yards. No accessory structure shall project into a front yard. An accessory building may project into a side yard to the extent permitted in the district. {editor's note: see § 2-5-2A(1)(e)}

[Amended 10-17-2022 by L.L. No. 19-2022]

3-15-2.

Minimum Distances to Structures for Specific Streets. The minimum distances to structures for specific streets set out in § 2-5-3 shall supersede any setbacks set forth in this Part.

3-15-3.

Screening. In the MHR-8 district, fences, walls, plantings or other screening materials shall be provided near the boundary of the property.

3-15-4.

Types of Residential Development. Three types of subdivisions are permitted within the residential districts, as follows.

Conventional Subdivision. Conventional subdivision is a pattern of residential development that provides the majority of property owners with substantial yards on their own property.

Cluster Subdivision.

(1)

Cluster subdivision trades smaller lot sizes (with smaller yards) for additional common open space. Cluster subdivision shall provide a minimum of 30 percent common open space, exclusive of individual lots.

(2)

In the CR-3A, MHR-8 and MFR districts, dwelling units within a group development may be arranged in groups or clusters. Each group or cluster shall abut a street; however, each dwelling unit within such a group or cluster need not so abut, provided that:

(a)

Each dwelling unit is accessible by means of a private street to service and emergency vehicles.

(b)

The standards of design and construction for private streets meet applicable town specifications for public streets unless modified by the approved site plan.

(c)

The location, design and construction of all utilities meet all applicable specifications and are adequate to serve the needs of the group or cluster.

(d)

The procedures for the preservation and maintenance of private streets, pedestrian ways and common open space comply with all applicable laws.

Rural Cluster Subdivision.

(1)

Definition. A rural cluster subdivision is a residential development in the R-R District that:

(a)

Helps retain viable agriculture and/or open space;

(b)

Minimizes land use conflicts;

(c)

Provides for recreational and/or habitat corridors through linked open space networks;

(d)

Achieves flexibility, efficiency and cost reduction in the provision of services and infrastructure; and

(e)

Does not rely on central sewer facilities.

(2)

Application Requirements.

(a)

At the time of application for a rural cluster subdivision, in addition to all subdivision application materials required in accordance with § 4-4-2 of the subdivision regulations, the petitioner shall submit a site analysis map.

(b)

The purpose of the site analysis map is to ensure that the important site features have been adequately identified prior to the creation of the site design, and that the proposed open space will meet the requirements of this Section. The site analysis map shall include the following features:

(i)

Property boundaries;

(ii)

All streams, rivers, lakes, wetlands and other hydrologic features;

(iii)

Topographic contours of no less than two-foot intervals unless a more precise vertical scale is available;

(iv)

General vegetation characteristics;

(v)

General soil types and areas suitable for installation of on-site wastewater treatment systems;

(vi)

The planned location of protected open space;

(vii)

Lands with protected development rights;

(viii)

Existing roads and structures; and

(ix)

Potential connections with existing open space and trails.

(3)

Development Review Procedures. Subdivision review procedures in accordance with the Town of Amherst subdivision regulations shall apply to all cluster developments.

(4)

Design Standards. The following standards shall apply to all developed areas within a rural cluster subdivision.

(a)

Location. The developed area shall be located outside the designated open space area.

(b)

Development Pattern. Within the developed area, development of residences and infrastructure shall accommodate, to the extent possible, existing natural features, including site topography, water courses, wetlands, tree and vegetation lines and similar natural resources. Lots are not intended to be stripped out along existing rural roadways, but rather clustered in the most appropriate portion of the site for development, and surrounded by open space.

(c)

Determination of Density. Density in a rural cluster subdivision shall be determined by multiplying the gross area of the tract of land by the maximum gross density for the R-R district (one unit per three acres).

(d)

Dimensional and Density Standards. Notwithstanding the dimensional standards in § 3-2-2B a rural cluster subdivision shall comply with the development standards in the following table.

Rural Cluster Subdivision Development Standards
Min. subdivision area		15 ac.
Min. open space		50% of gross area
Max. gross density		1 unit/3 acres
Min. lot area		1 ac.
Min. lot width		150 ft
Min. yards
	Front yard	50 ft
	Rear yard	50 ft
	Side yard	25 ft.
Max. height		2 stories (up to 35 ft.)
Max. building coverage		25%
Min. floor area (dwelling only)
	Under 2 stories	1,000 sf
	2 or more stories	1,200 sf
Note: For explanation of measurements, computations, and exceptions see § 2-5.

(e)

Permitted and Prohibited Uses in Designated Open Space.

(i)

Within the rural cluster subdivision open space, the following uses are permitted:

Natural resource conservation areas;

Open uses as permitted in § 3-2-2A;

Active or passive common open space;

Common water supply systems; and

Common septic system drain fields.

(ii)

Any use not listed in (i) above shall be prohibited within the rural cluster subdivision open space.

(f)

Agricultural Buffer.

(i)

When the developed area of a rural cluster subdivision is located adjacent to permitted agricultural activities that exist either on an abutting property or within all or part of the required open space area, a medium-impact screening buffer in accordance with § 7-2-4B(2) shall be provided.

(ii)

The Planning Board or Planning Director, as applicable, may require a higher impact screening. The final approval authority for the site plan shall consider the following characteristics in making the increased buffer determination:

The location, type and scale of agricultural activities;

The location of the developed area in relation to the agricultural activities;

The absence of trees and understory vegetation in the proposed buffer area to provide an opaque screen of agricultural activities on abutting properties;

The absence of topographic features in the proposed buffer area to provide an opaque screen of agricultural activities on abutting properties; and

The presence of other significant structures used for large scale commercial or industrial activities.

(iii)

In no case shall the required buffer be less than 40 feet in width.

3-15-5.

Yard and Building Spacing: MFR-5, MFR-6 and MFR-7. In order to encourage greater flexibility and design and more attractive arrangements of buildings and greater utilization of open spaces, yard regulations for attached dwellings in the MFR-5, MFR-6 and MFR-7 districts are hereby established. Buildings shall be arranged so as to assure privacy between adjacent structures and intersecting wings of structures, appropriate setbacks from streets, parking and recreation areas and to assure adequate light and air to residents and protection to and from surrounding development. Distances shall vary in relation to the height of structures and the arrangement to other land uses and boundary lines.

Definitions. For the purposes of regulating building spacing on a parcel of land in the MFR-5, MFR-6 and MFR-7 districts, the following definitions apply. Building height is defined in § 2-5-4.

[Amended 11-30-2020 by L.L. No. 17-2020]

(1)

Ha shall represent the height of building A.

(2)

Hb shall represent the height of building B.

(3)

H (Ha or Hb) shall represent the vertical distance measured from the finished grade to the mean roofline. For an explanation of how to determine the mean roof line of specific types of buildings, see below.

(a)

The highest point of the coping of a flat roof; or

(b)

The mean height between the eaves and ridge line of a gable, shed, hip or gambrel roof; or

(c)

The highest point of the roof and parapets of a mansard roof.

(4)

D shall represent the required minimum horizontal distance between any wall of Building A and the nearest wall of Building B or between a principal building and a property line as determined by the following formulae.

Description		Distance =
Building Separation — Parallel Arrangements
Buildings are parallel or within 30 degrees of being parallel and the greater sides of each building face each other across an open yard or court.		[(Ha + Hb)/2] x 1.66
Buildings are parallel or within 30 degrees of being parallel and the lesser sides of each building face each other across an open yard or court, or the lesser side of one building faces the greater side of the other building.		[(Ha + Hb)/2] x 1.5
Building Separation — Angular Arrangements
Buildings are at 30 to 60 degree angles from one another. Minimum separation shall be measured at the closest point between the buildings.		[(Ha+Hb)/2] x 1.5
Building and Lot Line Separation
(1)	Buildings with wall of greater length parallel to the lot line.	2H
(2)	Buildings abutting a street right-of-way. In no instance shall the minimum distance be less than 36 feet from the right-of-way-line.	2H
Buildings with wall of lesser length parallel to the lot line or the corner of any building on an angle of 30 to 60 degrees to the lot line.		1.5H
Buildings which, if wall lines are extended, do not intersect the wall of the nearest structure.		1H

Building Wall Lengths and Offsets and Location for Attached Dwellings. In the MFR-4A, MFR-5, MFR-6 and MFR-7 districts, any exterior wall of a sequence of units shall not exceed 132 feet in length without a 90 degree offset of at least 10 feet, and the aggregate length of any wall, including its offsets, shall not exceed 176 feet.

3-15-6.

Accessory Structure Minimum Yard and Building Spacing. Minimum yard and building spacing for accessory structures in multifamily districts are set forth in the following table.

		To Principal Structure		To Right-of-Way		To Adjacent Property
Accessory Structure		Main Wall	End Wall	Public	Private	SF Detached	SF Attached, Multi-family or Nonresidential
Private Garage		15	10	25	10	10	5
Storage Garage/Shed/Other		30*	15*	25	10	10	5
Off-street parking, loading, stacking and driveway; dumpster containers and other refuse containers [Amended 12-12-2011 by L.L. No. 29-2011]		15**	10**	20**	5***	10	5
Active Recreation Area		50	30	25	30	75	15
Notes: Main wall: Any exterior wall of a building containing the principal window of a living, dining and/or sleeping room or rooms. End wall: Any exterior wall of a building other than a main wall and containing secondary windows required for ventilation and not intended to provide a direct view.
*	Garage may be part of main multifamily building or, if detached, as set forth above.
**	Parking, loading and stacking area may abut principal structure if that area does not exceed the minimum established by this ordinance and is designed only for the use of the units within the structure.
***	Parking, loading and stacking area only.

3-15-7.

Lot Area Requirements for Attached Dwelling Units. In the R-4, MFR-4A, MFR-5, MFR-6 and MFR-7 districts, each attached dwelling unit within a structure which meets the requirements for the district shall also be deemed to meet the requirements if it is located upon a lot meeting the applicable density or dwelling unit minimum land area requirement. The dwelling unit may include an interest in common lands.