The following use regulations shall apply in any R-A Residence-Agriculture District. The purpose of this district is to provide for the preservation and enhousement of low-density residential uses and agricultural uses in the Town of Frankfort.
A. 
Permitted uses shall be as follows:
(1) 
One- or two-family dwelling.
(2) 
Farm, including commercial woodlot or reforestation area.
(3) 
Nursery, fruit or truck garden.
(4) 
Church or other place of worship, parish house, rectory or convent.
(5) 
Public or private school accredited by New York State.
(6) 
Public park or playground, forest, recreation area or fish hatchery.[1]
[1]
Editor's Note: Former Subsection A(7), pertaining to municipal uses, was deleted 10-28-2003 by L.L. No. 3-2003 and subsequent sections were renumbered.
(7) 
Fire station or community building.
(8) 
Conventional golf course or country club.
(9) 
Cemetery.
(10) 
Home occupation.
(11) 
Antique sales where accessory to a dwelling.
(12) 
Customary accessory use or structure, including private garage, private swimming pool or pond, toolhouse or storage shed, greenhouse, poultry or livestock shelter, barn, silo, sawmill, cold storage or agricultural products processing plant.
(13) 
Sign: a nameplate, identification or "for sale" or "for rent" sign. No sign shall emit flashing or intermittent illumination nor be located in or project into the public way, nor be located above the first story. If illuminated, the source of light shall be shielded from the street or highway and adjacent lots.
(14) 
No septic dry well or leach field shall be closer than 10 feet from an adjacent property line.
[Added 8-21-1973]
(15) 
No use in Subsection A(1) through (14) shall exceed 35 feet in height.
[Added 10-28-2003 by L.L. No. 3-2003]
B. 
Permitted uses upon issuance of a special permit in the discretion of the Board of Appeals shall be as follows:
[Amended 8-21-1973]
(1) 
Livestock or auction sale establishment.
[Amended 10-28-2003 by L.L. No. 3-2003[2]]
[2]
Editor's Note: This local law deleted former Subsection B(1), pertaining to public utility use, and renumbered subsequent sections.
(2) 
Sawmill, cold storage or agricultural produce processing plant not incidental to a permitted principal use.
(3) 
Private recreation area or use of land involving firearms or archery range, organized camp, campsite, ski facilities, marina, hunting preserve or model-airplane area.
(4) 
Golf driving range or pitch-and-putt golf course.
(5) 
Riding stable.
(6) 
Animal pound, commercial kennel or animal hospital.
(7) 
Extraction and processing of sand, gravel, rock or other natural mineral product in accordance with § 88-25 of Article VII.
(8) 
(Reserved)[3]
[3]
Editor's Note: Former Subsection B(9), Single mobile home in connection with a dairy farm operation, was repealed 6-22-1987 by L.L. No. 5-1987. See now § 88-27.1 of this chapter.
(9) 
Airport, provided that there are adequate and safe approach areas.
(10) 
Kennels, poultry, fur-bearing animals, hogs or goats or other animal farms subject to § 88-27.
(11) 
Uses similar to those permitted in Subsection A.[4]
[4]
Editor's Note: Former Subsection C, regarding permitted uses in accordance with the Waste Management Facilities Law, added 2-21-1995 by L.L. No. 2-1995, which immediately followed this subsection, was repealed 11-24-1998 by L.L. No. 3-1998.
(12) 
No use in Subsection B(1) through (11) shall exceed 35 feet in height.
[Added 10-28-2003 by L.L. No. 3-2002[5]]
[5]
Editor's Note: Former Subsection C, regarding permitted uses in accordance with the Waste Management: Facilities Law, added 2-21-1995 by L.L. No. 2-1995, which immediately followed this subsection, was repealed 11-24-1995 by L.L. No. 3-1995.
(13) 
Convenience store (food items, dry goods/nonfood, prepared food (pizza/sandwiches), novelties/small gift items), subject to the following restrictions:
[Added 12-11-2008 by L.L. No. 3-2008]
(a) 
No gas station or motor fuel pumps, except up to one two-hundred-fifty-gallon kerosene tank installed in accordance with the New York State Building Code.
(b) 
Maximum lot size: one acre.
(c) 
Maximum store size of 2,500 square feet.
(d) 
Can be stand-alone or part of a mixed-use structure, but commercial use can only occur on the first floor.
(e) 
On-site parking should be provided, up to a maximum of six spaces.
The following regulations shall apply in any R-10 Residence District. The purpose of this district is to provide for single-family dwellings for family life.
A. 
Permitted uses shall be as follows:
(1) 
One-family dwelling.
(2) 
Uses regularly permitted under § 88-8A(4) through (8).
[Amended 8-21-1973]
(3) 
Customary accessory structure or use, including private swimming pool or pond, toolhouse or storage shed or greenhouse.
(4) 
Only household pets shall be allowed, which shall include cats and dogs, and any other pets shall be considered as a nonconforming nature.
[Added 8-21-1973]
(5) 
No septic dry well or leach field shall be closer than 10 feet from an adjacent property line.
[Added 8-21-1973]
B. 
Permitted uses upon issuance of a special permit by the Board of Appeals shall be as follows:
(1) 
Public utility structure or use.
(2) 
Uses similar to those permitted in Subsection A.
The following use regulations shall apply in any R-20 Residence District. The purpose of this district is to provide and permit two-family dwellings for family life.
A. 
Permitted uses shall be as follows:
(1) 
Uses regularly permitted in the R-10 Residence District.
(2) 
Uses regularly permitted under § 88-8A(4) through (8).
[Amended 8-21-1973]
(3) 
Nursing or convalescent home or home for the aged.
(4) 
Rooming house or tourist home.
(5) 
No septic dry well or leach field shall be closer than 10 feet from an adjacent property line.
[Added 8-21-1973]
B. 
Permitted uses upon issuance of a special permit by the Board of Appeals shall be as follows:
(1) 
Public utility structure or use.
(2) 
Motel.
(3) 
Uses similar to those permitted in Subsection A.
The following use regulations shall apply in any R-40 Residence District. The purpose of this district is to provide for low-density residential dwellings for family living.
A. 
Permitted uses shall be as follows:
(1) 
Uses regularly permitted in the R-20 Residence District.
(2) 
Uses regularly permitted under § 88-8A(4) through (8).
[Amended 8-21-1973]
(3) 
No septic dry well or leach field shall be closer than 10 feet from an adjacent property line.
[Added 8-21-1973]
B. 
Permitted uses upon issuance of a special permit by the Board of Appeals shall be as follows:
(1) 
Public utility structure or use.
(2) 
Riding academy or stable.
(3) 
Uses similar to those permitted in Subsection A.
The following use regulations shall apply in any R-40M Residence District. The purpose of this district is to provide for multiple residential dwellings for family living.
A. 
Permitted uses shall be as follows:
(1) 
Uses regularly permitted in the R-20 Residence District.
(2) 
Multiple-family residence.
(3) 
No septic dry well or leach field shall be closer than 10 feet from an adjacent property line.
[Added 8-21-1973]
B. 
Permitted uses upon issuance of a special permit by the Board of Appeals shall be as follows:
(1) 
Public utility structure or use.
(2) 
Nursing home.
(3) 
Uses similar to those permitted in Subsection A.[1]
[1]
Editor's Note: Original Subsection B4, regarding mobile home courts, which immediately followed this subsection, was repealed 8-21-1973.
The following use regulations shall apply in any C-1 Commercial District. The purpose of this district is to provide areas for control and related commercial uses.
A. 
Permitted uses shall be as follows:
(1) 
Retail store.
(2) 
Bank, savings or loan institution.
(3) 
Restaurant or other place for serving food and beverages.
(4) 
Motel or hotel.
(5) 
Personal service, such as barbershop, beauty parlor, tailor or shoe repair shop.
(6) 
Coin-operated laundry or dry cleaner or pickup station.
(7) 
Household appliance sales or service.
(8) 
Funeral home.
(9) 
Social, recreational or fraternal club or ski lodge.
(10) 
Business or professional office.
(11) 
Municipal or public utility structure or use.
(12) 
Automobile, boat, mobile home or trailer sales or rental, including accessory service.
(13) 
Bowling alley, theater.
(14) 
Customary accessory building or use.
(15) 
Business sign.
B. 
Permitted uses upon issuance of a special permit by the Board of Appeals shall be as follows:
(1) 
Drive-in food service establishments.
(2) 
Gasoline service station.
(3) 
Commercial recreation including golf driving range, miniature golf, par-three golf course, trampoline center.
In any C-2 Commercial District the following buildings and uses are permitted. The purpose of this district is to provide and promote the development and other related commercial uses.
A. 
Permitted uses shall be as follows:
(1) 
Uses regularly permitted in the C-1 Commercial District.
(2) 
Drive-in service establishment.
(3) 
Laundry or dry cleaning shop.
(4) 
Fruit or vegetable market.
(5) 
Farm implement sales or service.
(6) 
Public garage.
(7) 
Heating, plumbing, air-conditioning, electrical, cabinet or similar hand-fabrication shop.
(8) 
Printing or publishing establishment.
(9) 
Public utility station, structure or use.
(10) 
Radio, television or household appliance sales or service.
(11) 
Commercial recreation, including golf driving range, miniature golf, par-three golf, trampoline center or amusement park.
(12) 
Customary accessory uses.
(13) 
Animal hospital, commercial kennel or animal pound.
B. 
Permitted uses upon issuance of a special permit by the Board of Appeals shall be as follows:
(1) 
Junkyard: if permitted, shall conform with Town Junkyard Ordinance,[1] and conform with Article VII, § 88-25, and will conform to § 136 of the New York State General Municipal Law.
[1]
Editor's Note: See Ch. 49, Junkyards.
(2) 
Truck terminal.
[Added 11-24-1998 by L.L. No. 2-1998[1]]
In any C-3 Commercial District the following uses are permitted. The purpose of this district is to provide for commercial uses, plus certain special uses.
A. 
Permitted uses shall be as follows:
(1) 
Uses regularly permitted in the C-2 Commercial District.
B. 
Permitted uses upon issuance of a special permit by the Board of Appeals shall be as follows:
(1) 
Adult bookstores, adult cabarets, massage establishment, adult motel, adult drive-in, motion-picture, mini-motion-picture theaters and video theaters, peep shows and other similar adult uses, provided that no adult use may be located within a five-hundred-foot radius of any house of worship, school, day-care center, playground or the border of any residential district, nor within one-half mile of another such use.
[1]
Editor's Note: This local law was filed with the Secretary of State 4-2-2002.
The following use regulations shall apply in any M-1 Manufacturing District. Minimum lot size, yards and other requirements of Schedule A[1] will be met. The purpose of this district is to provide and encourage the development of manufacturing and related industrial uses.
A. 
Permitted uses shall be as follows:
(1) 
Uses permitted in the C-2 Commercial District.
(2) 
Lumber, feed, fuel sales or storage.
(3) 
Manufacture, assembly, processing or treatment of the following:
(a) 
Textiles, leather or plastics.
(b) 
Candy or cosmetics.
(c) 
Pharmaceutical or food products.
(d) 
Electrical, precision, surgical, dental or musical instruments.
(e) 
Toys or novelties.
(f) 
Paper, plastic, metal, stone or wood products from previously prepared materials.
(g) 
Asphaltic concrete.
(4) 
Warehousing and distribution.
(5) 
Laundry or dry-cleaning plant.
(6) 
Development or research center.
(7) 
Machine shop.
(8) 
Welding or metal craft shop.
(9) 
Accessory building or use.
(10) 
Business sign.
[1]
Editor's Note: The Schedule A is included at the end of this chapter.
A. 
Purpose. The regulations for planned development districts are intended to provide a means for the development of residential business, commercial, manufacturing or recreational subdivisions or combinations thereof in which economics of scale or creative architectural or planning concepts may be utilized by the developer without departing from the spirit and intent of the Zoning Ordinance. In no case shall the regulations of this section be so interpreted as to circumvent the benefits of this chapter to the residents or occupants of adjoining properties. Planned development districts may be established only in accordance with the procedures specified below:
B. 
Area.
(1) 
The minimum area for a planned development district shall be as follows:
[Amended 8-21-1973; 6-22-1987 by L.L. No. 5-1987]
Type of District
Area
(acres)
Residential
5
Business
5
Commercial
5
Manufacturing
10
Recreational
25
Mobile home park
25
Recreational vehicle campsite
10
(2) 
The calculation of area for a planned development district shall not include easements, parks, existing streets or otherwise dedicated land, water areas in excess of 5% of the minimum gross acreage, lands designated on the Official Map for public purposes or land undesirable by reason of topography, drainage or adverse subsoil conditions. Sites proposed for a combination of two or more use classifications shall consist of the total land area required for each such use. The proposed development shall conform to the Town Master Plan.
C. 
Application for establishment of a planned development district, or a development project within such a district, shall be made to the Town Board. The Town Board shall refer the application to the Planning Board within 30 days from receipt of the application. The applicant shall furnish to the Planning Board basic site data pertaining to the boundaries of the proposed planned development, existing zoning, the topography and subsoil conditions and such preliminary plans as may be required for an understanding of the proposed development, with a petition for the desired zoning change, if required.
D. 
Planned development districts shall be considered as a single parcel for the purpose of applying the regulations for exterior yard dimensions as specified in Schedule A. Individual building projects within such district shall conform to the interior yard regulations of Schedule A.[1] The requirements for off-street parking, loading and unloading, screening and other transitional measures shall be as specified by the Planning Board in conformance with Schedule B.[2]
[1]
Editor's Note: Schedule A is included at the end of this chapter.
[2]
Editor's Note: See § 88-22B.
E. 
The Planning Board may require such changes in said preliminary plans as are found to be necessary to meet the requirements of this chapter. The Board may make such additional requirements as are deemed reasonably necessary to protect the established or permitted uses in the vicinity and to promote and protect the orderly growth and sound development of the town. In reaching its decision on the proposed development and changes, if any, in the preliminary plans, the Planning Board shall consider, among other things, the following:
(1) 
The need for the proposed land use in the proposed location.
(2) 
The existing character of the neighborhood.
(3) 
The location of principal and accessory buildings on the site in relation to one another.
(4) 
The pedestrian circulation and open space in relation to structures.
(5) 
The traffic circulation features within the site, and the amount, location, and access to automobile parking areas.
(6) 
The height and bulk of buildings and their relation to other structures in the vicinity.
(7) 
The proposed location, type and size of display signs, driveways, loading zones and landscaping.
(8) 
The safeguards provided to minimize possible detrimental effects of the proposed use on adjacent properties and the neighborhood in general.
(9) 
Storm drainage and sanitary waste disposals in and adjacent to the area.
F. 
The Planning Board shall approve, approve with modifications or disapprove such application and shall report its findings to the Town Board within 45 days following the date of referral by the Town Board to the Town Planning Board.
G. 
The Town Board shall hold a public hearing on a proposal to create or change a planned development district, with public notice, as provided by law as in the case of any amendment to the Zoning Ordinance.
H. 
The Town Board may amend the Zoning Ordinance after the public hearing so as to define the boundaries of the planned district. Such action shall have effect only of establishing a planned development district for the use proposed in the preliminary plans filed with the Town Board. Such planned district shall be designated as Planned Residential. Planned Business, Planned Commercial, Planned Manufacturing. Planned Recreational, Planned Mobile Home Park or Planned Recreational Vehicle Campsite District according to the type of development. Such amendment of the Zoning Ordinance shall not constitute or imply a permit for construction or approval of construction plans.
[Amended 8-21-1973; 6-22-1987 by L.L. No. 5-1987]
I. 
Any permit for a building project within a planned development shall be issued only after approval of the project and preliminary plans thereof by the Town Planning Board, except as noted below.
J. 
In the event the Planning Board disapproves a planned development district proposal or a project within such district or approves with modifications which the applicant is unwilling to make, an affirmative vote of not less than 3/4 of the members of the Town Board shall be requested to establish such planned district or to authorize a building permit within such district.