Town of Porter, NY Article II District Regulations

§ 200-4 Zoning districts established.

In order to carry out the purposes and provisions of this chapter, the Town of Porter is hereby divided into the following districts:

Category	District
Agricultural District	RA Rural Agricultural
Residential Districts	LDR — Low-Density Residential WR — Waterfront Residential MDR — Medium-Density Residential
Commercial Districts	RC — Rural Commercial CMU — Commercial/Mixed Use
Industrial District	M-1 Light Industrial M-2 General Industrial M-3 Heavy Industrial
Special Districts	Senior Housing District NRE — Niagara River Environmental Overlay

§ 200-5 Zoning Map.

A. The boundaries of the zoning districts are hereby established on a map entitled "Zoning Map of the Town of Porter," which map accompanies and is hereby declared to be a part of this chapter.[1]

[1] Editor's Note: Said Zoning Map is included as an attachment to this chapter.

B. There shall be only one Official Zoning Map that shall be kept in the office of the Town Clerk, and it shall bear the Seal of the Town of Porter, a certification that it is the Official Zoning Map of the Town of Porter and its date of adoption. The Zoning Map shall show the boundaries of the zoning districts established and which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this chapter.

C. Any changes made in zoning district boundaries or other matters portrayed on the Zoning Map under the provisions set forth herein shall be permanently affixed to the Zoning Map within 10 days after the amendment has been approved by the Town Board and shall convey information as to the date and nature of the change. No amendment to this chapter that involves matters portrayed on the Zoning Map shall become effective until such change and entry has been made on said Zoning Map and has been attested by the Town Clerk.

§ 200-6 District boundaries.

Where uncertainty exists with respect to the boundaries of the various districts, as shown on the Zoning Map, the following rules shall apply:

A. Where the designation on the Zoning Map indicates a boundary approximately upon a road, the center line of the road shall be construed to be the boundary.

B. Where the designation on the Zoning Map indicates a boundary approximately upon a lot line, such lot line shall be construed to be the boundary.

§ 200-7 Permitted uses table.

[Amended 11-12-2013 by L.L. No. 2-2013; 6-9-2014 by L.L. No. 2-2014; 4-11-2016 by L.L. No. 1-2016; 6-17-2019 by Ord. No. 2-2019; 7-8-2019 by Ord. No. 3-2019; 8-12-2019 by Ord. No. 7-2019; 3-8-2021 by L.L. No. 1-2021]

The following table presents a list of permitted uses, the district that the use is permitted in, and the permit process necessary for each use, which may vary by zoning district:

A. A blank in the table means that use is not permitted in that district. An individual may request an application for a use variance for nonpermitted uses.

B. Any use which is not specifically listed on the permitted use table is not permitted in any district unless it is determined by the Zoning/Code Enforcement Officer, in consultation with the Planning Board, that the use is similar to one of the uses in the permitted use table.

[Amended 7-12-2021 by L.L. No. 7-2021]

Figure II-1 Permitted Primary Uses

P	Permitted subject to building permit only
SP	Subject to site plan approval
SU	Subject to special use permit following site plan approval
*	Subject to building permit only when part of a legitimate farm operation in a certified Agriculture District or an existing farm protected by Niagara County Right to Farm Law. The Planning Board may, for new and significant projects, request a streamlined site plan review according to and as outlined in Ag and Markets Guidance Document for Zoning.
1	See specific yard/location requirements in succeeding regulations.

Use	RA	LDR	WR	MDR	CMU	RC	M-1	M-2	M-3
Accessory apartment	SU1	SU1	SU1	SU1	SU1	SU1
Adult-oriented entertainment								SU1	SU1
Agricultural enterprise	SP*	SP*			SP	SP
Animal day-care kennel, or shelter	SP					SP
Animal hospital	SP				SP	SP
Animal race track	SU2
Apartment building				SP	SP
Apartment complex				SP	SP
Banquet facility					SP	SP
Bar, cocktail lounge, tavern					SP	SU1	SP	SP
Bed-and-breakfast establishment	SP	SP	SP	SP	SP	SP
Boarding/rooming house	SP			SP	SP
Building supply store					SP	SP	SP	SP
Camping grounds	SU2
Car wash					SP	SP	SP	SP
Catering facility					SP	SP
Cemetery	SP
Clubs or organizations	SP				SP	SP
Commercial recreation facility	SU2				SU2	SU2
Commercial stable		SU1			SP*	SP*
Communication antenna or tower	SU1				SP	SP	SP	SP
Convenience store					SP	SP	SP
Day-care center	SP			SP	SP	SP	SP	SP
Day-care home	P	P	P	P	P
Drive-through facility					SP	SP	SP	SP
Drugstore/pharmacy					SP	SP
Educational institution	SP	SP	SP	SP	SP
Farm market	SP*	SP*	4	4	4	4	4	4	4
Farmers' market	5	5	5	5	SU2	SU2
Farm operations	SP*	SP*			SP*	SP*
Farm pond	SP*	SP*	SP	SP*	SP*	SP*
Farm worker residence	SP*	SP*			SP*	SP*
Food processing plant	SU2				SU2	SU2	SU2	SU2
Funeral home					SP	SP
Garden center	SP				SP	SP	SP	SP
General retail					SP	SP
Golf course	SU2	SU2		SU2
Grocery store					SP
Heliport	SU2				SU2	SU2	SU2	SU2
Home occupation	SU1	SU1	SU1	SU1	SU1	SU1	SU1	SU1
Hospital	SU2				SU2
Hotel					SU2
Hunting club	SU1						SU1
Industrial uses							SP	SP	SP
Junkyard								SU2
Machine shop					SU2	SU2	SP	SP
Marina			SU2
Medical clinic					SP	SP
Mini storage facility					SU2	SU2	SP	SP
Mixed-use buildings					SP	SP
Mobile home parks	SU2
Motel				SP	SP	SP
Motor vehicles race track	SU2
Nursery school			SP	SP	SP	SP
Nursing home/assisted-living facility	SU2				SU2
Office					SP	SP	SP	SP
Office park							SP	SP
Outdoor furnace	SP	SP
Outdoor material		SP		SP	SP	SP	SP	SP	SP
Personal service establishment					SP	SP
Pet store					SP
Place of worship	SP	SP	SP	SP	SP	SP
Private airfields and landing strips	SU2					SU2	SU2	SU2
Public and semipublic uses	SP	SP	SP	SP	SP	SP
Public utilities	SP	SP	SP	SP	SP	SP	SP	SP	SP
Recreational pond	SP	SP					SP	SP
Research laboratory					SP		SP	SP	SP
Restaurant					SP	SP	SP	SP
Retail plazas						SP
Roadside farm stand	P	P	P	P	P	P	P
Sales and service of garden farm equipment					SP	SP	SP	SP
Seasonal interior storage	SU1	SU1			SU1	SU1	SU1	SU1
Single-family detached dwelling	P	P	P	P	P
Specialty retail					SP	SP
Taxi/limousine service					SP	SP
Theater					SU2
Tier 1 solar energy systems	P	P	P	P	P	P	P	P	P
Tier 2 solar energy systems	P	P	P	P	P	P	P	P	P
Tier 3 solar energy systems							SU2	SU2	SU2
Townhouse				SP	SP
Townhouse development				SP	SP
Two-family dwelling	SP	SP		P	P
Vehicle rental/dealership					SU1	SU1	SP	SP
Vehicle repair shop/body shop					SU1	SU1	SP	SP
Vehicle service (gas) station					SP	SP	SP	SP
Vehicle storage yard							SP	SP
Warehouse/ distribution							SP	SP	SP
Wind energy conversion system (commercial)	SU2						SU2	SU2
Wind energy conversion system (noncommercial)	SU1	SU1*				SU1*	SP*	SP*
Wineries	SP*	SP*			SP*	SP*	SP	SP

NOTE:

See specific yard/location requirements in succeeding regulations

Key:
P	Permitted subject to building permit only.
SP	Subject to site plan approval.
SU1	Subject to special use permit following Planning Board recommendation/approval.
SU2	Subject to special use permit following site plan approval.
*	Subject to building permit only when part of a legitimate farm operation in a certified agriculture district or an existing farm protected by Niagara County Right to Farm Law. The Planning Board may, for new and significant projects, request a streamlined site plan review according to and as outlined in NYS Ag. and Markets Guidance Document for Zoning.
1	See specific yard/location requirements in succeeding regulations.
2	Timbering operations that are part of a legal farm operation, located in an agricultural district, and comply with NYS AML regulations may operate on said legal farm.
3	Subject to minimum lot size of 5 acres and not located in a major subdivision with single primary access routes (i.e., Youngstown Estates, Collingwood, Runaway Boy, etc.).
4	District exception: if the farm market use is locations in certified agriculture district or on a parcel that is part of an existing farm protected by Niagara County Right to Farm Law, and/or deemed unreasonably restrictive to a legitimate farm/farm operation, then the farm market may be permitted, subject to a streamlined site plan approval.
5	Farmers' markets are both subject special use permit (SU2) and allowed on existing public use parcels outside of the CMU and RC Districts (i.e., school, church, fire hall, etc.).

§ 200-8 RA Rural Agricultural Zoning District.

A. Purpose.

(1) The purpose of the RA District is to protect the agricultural land resources of the Town, permit rural residential development, and to promote the rural character and the continued economic and operational viability of agricultural enterprises.

(2) In the RA District, agriculture shall be the primary land use. Any agricultural practice determined to be a sound agricultural practice by the New York State Commissioner of Agriculture and Markets, pursuant to Article 25-AA, § 308, shall be deemed an appropriate use of the land and its resources and shall not constitute a private nuisance. Agricultural practices include, but are not limited to, practices necessary for on-farm production, preparation and marketing of agricultural commodities, such as the operation of farm equipment; proper use of agricultural chemicals and other crop protection methods; direct sale to consumers of agricultural commodities or foods containing agricultural commodities produced on-farm; and construction and use of farm structures.

B. Yard and bulk requirements.

RA Rural Agricultural District
Requirement		Agricultural/Farm Operation	Residential	Other Uses
Lot width requirements
	Minimum lot width and road frontage	200 feet	125 feet	300 feet
Lot area requirements
	Minimum lot area	5 acres	31,250 square feet	2 acres (87,120 square feet)
	Maximum building coverage	10%	20%	5%
	Maximum lot coverage	15%	30%	10%
Yard requirements
	Minimum front yard setback	60 feet	60 feet	50 feet
	Minimum side yard setback	50 feet	15 feet	50 feet
	Minimum rear yard setback	50 feet	50 feet	50 feet
Building heights
	Maximum building height principal use or structure	35 feet	35 feet	35 feet
	Maximum building height accessory use or structure*	125 feet	25 feet	25 feet

NOTE:
*	See additional requirements for accessory uses or structures in § 200-25 of this chapter.

C. Front yard modification. Front yard setback shall be within 10% of the average setback of all primary buildings within 300 feet along the same street frontage.

§ 200-9 LDR Low-Density Residential District.

A. Purpose. The LDR District is designed to provide for the development of areas that are occupied primarily by single-family residences. The purpose of the LDR District is to promote orderly development of the Town and encourage well-designed living environments that protect and stabilize the residential characteristics of the Town. The LDR District will result in areas that provide opportunities for larger yards and houses and serve as a transition between agricultural uses and more dense development. Agricultural uses are still permitted in the LDR District and shall be granted the same protection as granted in the RA District.

B. Yard and bulk requirements.

	LDR Low-Density Residential District
	Requirement		Residential	Agricultural/Farm Operation	Other Permitted Uses
	Lot width requirements
		Minimum lot width and road frontage	100 feet	200 feet	125 feet
	Lot area requirements
		Minimum lot area	20,000 square feet	5 acres	1/2 acre (21,780 square feet)
		Maximum building coverage	20%	10%	20%
		Maximum lot coverage	30%	15%	35%
	Yard requirements
		Minimum front yard setback	60 feet	60 feet	60 feet
		Minimum side yard setback	15 feet	50 feet	25 feet
		Minimum rear yard setback	25 feet	50 feet	40 feet
	Building heights
		Maximum building height, principal use or structure	35 feet	35 feet	35 feet
		Maximum building height, accessory use or structure*	25 feet	125 feet	25 feet

	NOTE:
	*	See additional requirements for accessory uses or structures in § 200-25 of this chapter.

C. Front yard modification. Front yard setback shall be within 10% of the average setback of all primary buildings within 300 feet along the same street frontage.

§ 200-10 WR Waterfront Residential.

A. Purpose. The purpose of the WR District is to allow residential development along the shore of Lake Ontario. The district creates greater setbacks and smaller lot coverage to open up views of the lake. The district also allows some water-dependent uses that would provide public access to the lake.

B. Yard and bulk requirements.

	WR Waterfront Residential District
	Requirement		Residential	Nonresidential
	Lot width requirements
		Minimum lot width and road frontage	100 feet	100 feet
	Lot area requirements
		Minimum lot area with sewer	12,000 square feet	20,000 square feet
		Minimum lot area without sewer	20,000 square feet	20,000 square feet
		Maximum building coverage	20%	20%
		Maximum lot coverage	25%	25%
	Yard requirements
		Minimum setback from road*	20 feet*	60 feet
		Minimum setback from shoreline (shoreline considered front yard)	25 feet**	40 feet**
		Minimum side yard setback	15 feet	40 feet
		Minimum rear yard setback	20 feet	40 feet
	Building heights
		Maximum building height, principal use or structure	35 feet	35 feet
		Maximum building height, accessory use or structure***	15 feet	15 feet

	NOTES:
	*	The minimum setback from Lake Road shall be 60 feet.
	**	Or as established by the DEC.
	***	See additional requirements for accessory uses or structures in § 200-25 of this chapter.

C. Front yard modification. Front yard setback shall be within 10% of the average setback of all primary buildings within 300 feet along the same street or water frontage.

§ 200-11 MDR Medium-Density Residential District.

A. Purpose. The purpose of the MDR District is to provide for the development of neighborhoods that include a mixture of single-, two- and multifamily housing and complementary services, encouraging higher densities of new development.

B. Yard and bulk requirements.

	MDR Medium-Density Residential District
			Residential
	Requirement		Single-Family	Two-Family	Multifamily	Nonresidential
	Lot width requirements
		Minimum lot width and road frontage	80 feet	80 feet	150 feet	100 feet
	Lot area requirements
		Minimum lot area with sewer	15,000 square feet	18,000 square feet	40,000 square feet	20,000 square feet
		Minimum lot area without sewer	20,000 square feet	20,000 square feet	40,000 square feet	20,000 square feet
		Maximum building coverage	30%	30%	30%	40%
		Maximum lot coverage	50%	50%	50%	60%
	Yard requirements
		Minimum front yard setback	60 feet	60 feet	60 feet	60 feet
		Minimum side yard setback*	10 feet	10 feet	10 feet	15 feet
		Minimum rear yard setback	20 feet	20 feet	20 feet	20 feet
	Building heights
		Maximum building height, principal use or structure	35 feet	35 feet	35 feet	35 feet
		Maximum building height, accessory use or structure**	25 feet	25 feet	25 feet	25 feet
	Maximum residential density for multifamily structures - 6 dwelling units per acre***

	NOTES:
	*	Side yard setbacks shall not apply to the attached side of attached single-family dwellings (i.e., townhouses).
	**	See additional requirements for accessory uses or structures in § 200-25 of this chapter.
	***	Six dwelling units per acre is contingent upon adequate stormwater management/drainage.

C. Front yard modification. Front yard setback shall be within 10% of the average setback of all primary buildings within 300 feet along the same street frontage.

§ 200-12 CMU Commercial Mixed-Use District.

A. Purpose. The purpose of the CMU District is to acknowledge the historical pattern of land use development in certain areas of the Town where residential and nonresidential uses coexist, and to encourage revitalization of those areas for a mix of residential housing types which may be located suitably among the commercial and other nonresidential uses permitted in the mixed-use districts. The district is designed to allow for greater densities when the area is serviced with sewers.

B. Yard and bulk requirements.

	CMU Commercial Mixed-Use District
			Residential
	Requirement		Single-Family	Two-Family	Multifamily	Nonresidential
	Lot width requirements
		Minimum lot width and road frontage	60 feet	80 feet	80 feet	50 feet
	Lot area requirements
		Minimum lot area with sewer	8,000 square feet	10,000 square feet	20,000 square feet	10,000 square feet
		Minimum lot area without sewer	20,000 square feet	20,000 square feet	20,000 square feet	20,000 square feet
		Maximum building coverage	30%	40%	50%	60%
		Maximum lot coverage	50%	60%	70%	80%
	Yard requirements
		Minimum front yard setback	50 feet	50 feet	50 feet	40 feet
		Minimum side yard setback	10 feet	10 feet	10 feet	10 feet
		Minimum rear yard setback	20 feet	20 feet	20 feet	20 feet
	Building heights
		Maximum building height, principal use or structure	35 feet	35 feet	35 feet	35 feet
		Maximum building height, accessory use or structure**	18 feet	18 feet	18 feet	18 feet
	Maximum residential density for multifamily structures 6 dwelling units per acre.

	NOTES:
	*	Side yard setbacks shall not apply to the attached side of attached single-family dwellings (i.e., townhouses).
	**	See additional requirements for accessory uses or structures in § 200-25 of this chapter.

C. Front yard modification. Front yard setback shall be within 10% of the average setback of all primary buildings within 300 feet along the same street frontage.

D. Design standards. The purpose of design standards is to provide standards for property owners, architects, and contractors to aid in the preparation of appropriate plans, speed the site plan process, and enhance and promote quality development. The following standards shall apply to all nonresidential lots in the CMU District. Every effort shall be made to conform to design and lot development standards. However, the Planning Board may waive or adjust any standard based upon topography, use, or location.

(1) Context.

(a) Buildings and storefronts shall be compatible with adjacent buildings or storefronts in terms of proportion, color, and materials.

(b) Buildings shall generally maintain the alignment of horizontal elements of adjacent buildings.

(2) Lot.

(a) All permeable surfaces of the developed areas of the lot shall be covered with grass or vegetative ground cover.

(b) A minimum of one street tree for every 35 feet of frontage shall be planted.

(c) Shared parking lots and interconnected service drives to reduce curb cuts and maintain road safety and function shall be encouraged.

(d) The addition of benches and landscaped seating areas shall be encouraged.

(e) Parking shall be located to the side or preferably to the rear of the building.

(f) Parking lots shall comply with § 200-78 of this chapter.

(3) Orientation. Primary buildings and primary building entrances shall be oriented toward the public street so as to define the street edge and contribute to a dynamic pedestrian and street environment.

(4) Facade.

(a) Any facade facing a sidewalk, public right-of-way or public street shall have an active building elevation. Active building elevations shall include windows, building entrances and other architectural features that enhance the pedestrian scale and experience of the building facade.

(b) Blank walls, those devoid of openings such as windows and transparent doors shall not be permitted on the front facade of any building.

(c) Facades fronting more than one street shall be equal in material.

(d) The exterior finish materials on all facades shall be approved by the Planning Board upon site plan review.

(e) In addition to windows, a maximum of two construction materials shall be used on a street facade.

(f) Excluding windows, a maximum of three colors shall be permitted, with earth-tone or pastel preferred.

(g) Facade lighting shall be wall mounted no higher than the top of the first floor.

(5) Entrance.

(a) Entrances shall be articulated.

(b) Pedestrian entrances shall be provided on all street frontages.

(c) Pedestrian entrances shall be recessed from the building face a minimum of one foot.

(6) Windows.

(a) Building facades shall have ample windows. A minimum 40% window coverage and a maximum 80% window coverage are recommended on the first-floor street facade. A minimum 20% window coverage and a maximum 50% window coverage are recommended on all other floors of the street facade.

(b) First-floor windows shall be transparent.

(7) Character. Buildings shall have the appearance of a pitched roof.

(8) Maintenance. All required planting shall be permanently maintained in good condition, and when necessary, replaced with new plant material to ensure continued compliance with these standards. For the purpose of enforcement, the property owner shall be responsible for maintenance. Maintenance shall include watering, weeding and pruning.

Commercial Mixed-Use District

§ 200-13 RC Rural Commercial District.

A. Purpose. The Purpose of the Rural Commercial cDistrict is to allow limited commercial uses to exist within the Rural Agriculture District. Uses that support agricultural operations are encouraged. The district also permits uses that require a greater lot area but do not generate significant traffic.

B. Yard and bulk requirements.

	RC Rural Commercial District
	Requirement		All Uses
	Lot width requirements
		Minimum lot width	200 feet
	Lot area requirements
		Minimum lot area	1 acre
		Maximum building coverage	25%
		Maximum lot coverage	60%
	Yard requirements
		Minimum front yard setback	60 feet
		Minimum side yard setback	40 feet
		Minimum rear yard setback	40 feet
	Building heights
		Maximum building height, principal use or structure	35 feet
		Maximum building height, accessory use or structure	35 feet

	NOTE:
	*	See additional requirements for accessory uses or structures in § 200-25 of this chapter.

C. Front yard modification. Front yard setback shall be within 10% of the average setback of all primary buildings within 300 feet along the same street frontage.

D. Design standards. The purpose of design standards is to provide standards for property owners, architects, and contractors to aid in the preparation of appropriate plans, speed the site plan process, and enhance and promote quality development. The following standards shall apply to all nonresidential lots in the RC District. Every effort shall be made to conform to design and lot development standards. However, the Planning Board may waive or adjust any standard based upon topography, use or location.

(1) Context.

(a) Where practicable, primary buildings shall be parallel to the street frontage property line.

(b) Primary buildings shall generally maintain the alignment of horizontal elements of adjacent buildings.

(2) Lot.

(a) All permeable surfaces of the developed areas of the lot shall be covered with grass or vegetative ground cover.

(b) A minimum of one street tree for every 35 feet of frontage shall be planted or as determined upon site plan review.

(c) Accessory buildings shall not be located in the front yard.

(d) All open storage areas shall be screened.

(e) Natural features of the land shall be preserved.

(f) Buildings shall be integrated into the natural surroundings.

(3) Character. Buildings shall have the appearance of pitched roofs.

(4) Facade.

(a) The exterior finish materials on all facades shall be approved by the Planning Board upon site plan review.

(b) No more than three colors shall be used on any one facade.

(5) Maintenance. All required planting shall be permanently maintained in good condition and when necessary, replaced with new plant material to ensure continued compliance with these standards. For the purpose of enforcement, the property owner shall be responsible for maintenance. Maintenance shall include watering, weeding and pruning.

Rural Commercial District

§ 200-14 M-1 Light Industrial.

A. Purpose. The purpose of the M-1 District is to provide areas within the Town for offices, research development and related activities, light manufacturing, auto repair and service-related specialty shops that need only a limited amount of area.

B. Yard and bulk requirements.

	M-1 Light Industrial
	Requirement		Auto Repair/Related	All Other Uses
	Lot width requirements
		Minimum lot width	150 feet	150 feet
	Lot area requirements
		Minimum lot area	50,000 feet2	2 1/2 acres
		Maximum building coverage	As the use, yard, parking, buffer and landscaping requirements permit
		Maximum lot coverage
	Yard requirements
		Minimum front yard setback	100 feet	100 feet
		Minimum side yard setback	50 feet	50 feet
		Minimum rear yard setback	50 feet	50 feet
	Building heights
		Maximum building height, principal use or structure	50 feet	50 feet
		Maximum building height, accessory use or structure*	80 feet	80 feet

	NOTE:
	*	See additional requirements for accessory uses or structures in § 200-25 of this chapter.

C. Front yard modification. Front yard setback shall be within 10% of the average setback of all primary buildings within 300 feet along the same street frontage.

D. Buffer requirements.

(1) Seventy-five feet where adjoining a residential district.

(2) Twenty-five feet where adjoining other nonindustrial districts and public streets.

(3) All buffers shall be landscaped and maintained by the owner.

E. Permitted uses. As permitted in the Permitted Use Table, Article II, § 200-7, of this chapter.

F. Prohibited uses.

(1) All uses of land, buildings, structures or industrial processes that may be noxious or injurious by reason of the production or emission of dust, smoke, refuse matter, odor, gas, fumes, noise, vibration, or toxic substances or conditions.

(2) Residences.

(3) Processing, storage or disposal of hazardous or other wastes.

G. Design standards. The purpose of design standards is to provide standards for property owners, architects, and contractors to aid in the preparation of appropriate plans, speed the site plan process, and enhance and promote quality development. The following standards shall apply to all lots in the M-1 District:

(1) Any fencing required upon site plan review shall be placed between the buffer area and the building.

(2) All blank walls shall be buffered.

(3) Parking shall be located behind the front facade and screened.

(4) The exterior finish materials on all facades shall be approved by the Planning Board upon site plan review.

(5) All permeable surfaces of the developed area of the lot shall be covered with grass or vegetative ground cover.

(6) A minimum of one street tree for every 35 feet of frontage shall be planted, or as determined upon site plan review.

(7) All required planting shall be permanently maintained in good condition, and, when necessary, replaced with new plant material to ensure continued compliance with these standards. For the purpose of enforcement, the property owner shall be responsible for maintenance. Maintenance shall include watering, weeding and pruning.

§ 200-15 M-2 General Industrial.

A. Purpose. The purpose of the M-2 District is to provide areas within the Town for the location of heavier manufacturing and processing facilities as well as offices, research and service establishments where compatible industries will be located in an organized manner so as to insure the efficient development of the industrial use and compatibility with adjacent districts. Such district is designed to encourage the development of a balanced employment mix within the Town and improve the tax base.

B. Yard and bulk requirements.

	M-2 General Industrial
	Requirement		All Uses
	Lot width requirements
		Minimum lot width	200 feet
	Lot area requirements
		Minimum lot area	2 1/2 acre
		Maximum building coverage	As use, yard, parking, buffer and landscaping requirements permit
		Maximum lot coverage
	Yard requirements
		Minimum front yard setback	100 feet
		Minimum side yard setback	50 feet
		Minimum rear yard setback	50 feet
	Building heights
		Maximum building height, principal use or structure	50 feet
		Maximum building height, accessory use or structure*	80 feet

	NOTE:
	*	See additional requirements for accessory uses or structures in § 200-25 of this chapter.

C. Front yard modification. Front yard setback shall be within 10% of the average setback of all primary buildings within 300 feet along the same street frontage.

D. Buffer requirements.

(1) Seventy-five feet where adjoining a residential district.

(2) Twenty-five feet where adjoining other nonindustrial districts and public streets.

(3) All buffers shall be landscaped and maintained by the owner.

E. Permitted uses. As permitted in the Permitted Use Table, Article II, § 200-7, of this chapter.

F. Prohibited uses.

(1) All uses of land, buildings, structures or industrial processes that may be noxious or injurious by reason of the production or emission of dust, smoke, refuse matter, odor, gas, fumes, noise, vibration, or toxic substances or conditions.

(2) Residences.

(3) Processing, storage or disposal of hazardous or other wastes.

G. Design standards. The purpose of design standards is to provide standards for property owners, architects, and contractors to aid in the preparation of appropriate plans, speed the site plan process, and enhance and promote quality development. The following standards shall apply to all lots in the M-2 District:

(1) Any fencing required upon site plan review shall be placed between the buffer area and the building.

(2) All blank walls shall be buffered.

(3) Parking shall be located behind the front facade and screened.

(4) The exterior finish materials on all facades shall be approved by the Planning Board upon site plan review.

(5) All permeable surfaces of the developed area of the lot shall be covered with grass or vegetative ground cover.

(6) A minimum of one street tree for every 35 feet of frontage shall be planted, or as determined upon site plan review.

(7) All required planting shall be permanently maintained in good condition, and, when necessary, replaced with new plant material to ensure continued compliance with these standards. For the purpose of enforcement, the property owner shall be responsible for maintenance. Maintenance shall include watering, weeding and pruning.

§ 200-16 M-3 Heavy Industrial.

A. Purpose. To provide an area within the Town for the location of processing facilities and related activities strictly regulated for the purpose of minimizing or eliminating any adverse impacts.

B. Yard and bulk requirements.

	M-3 Heavy Industrial
	Requirement		All Uses
	Lot width requirements
		Minimum lot width	200 feet
	Lot area requirements
		Minimum lot area	2 1/2 acre
		Maximum building coverage	As use, yard, parking, buffer and landscaping requirements permit
		Maximum lot coverage
	Yard requirements
		Minimum front yard setback	100 feet
		Minimum side yard setback	50 feet
		Minimum rear yard setback	50 feet
	Building heights
		Maximum building height, principal use or structure	50 feet
		Maximum building height, accessory use or structure*	120 feet

	NOTE:
	*	See additional requirements for accessory uses or structures in § 200-25 of this chapter.

C. Front yard modification. Front yard setback shall be within 10% of the average setback of all primary buildings within 300 feet along the same street frontage.

D. Buffer requirements.

(1) Seventy-five feet where adjoining a residential district.

(2) Twenty-five feet where adjoining other nonindustrial districts and public streets.

(3) All buffers shall be landscaped and maintained by the owner.

E. Permitted uses.

(1) As permitted in the permitted use table, Article II, § 200-7, of this chapter.

(2) Storage, processing and disposal of hazardous and industrial nonhazardous wastes as regulated by the New York State Department of Environmental Conservation with the following additional regulations:

(a) Such activity shall not be conducted within 300 feet of any residence or public street.

(b) Buffer strips measuring a minimum of 150 feet in width shall surround such activity.

(c) During the course of the evaluation, consideration shall be given by the Board of Appeals to provision by the applicant for perpetual care of the facility.

F. Prohibited uses.

(1) All uses of land, buildings, structures or industrial processes that may be noxious or injurious by reason of the production or emission of dust, smoke, refuse matter, odor, gas, fumes, noise, vibration, or toxic substances or conditions.

(2) Residences.

G. Design standards. The purpose of design standards is to provide standards for property owners, architects, and contractors to aid in the preparation of appropriate plans, speed the site plan process, and enhance and promote quality development. The following standards shall apply to all lots in the M-3 District:

(1) Any fencing required upon site plan review shall be placed between the buffer area and the building.

(2) All blank walls shall be buffered.

(3) Parking shall be located behind the front facade and screened.

(4) The exterior finish materials on all facades shall be approved by the Planning Board upon site plan review.

(5) All permeable surfaces of the developed area of the lot shall be covered with grass or vegetative ground cover.

(6) A minimum of one street tree for every 35 feet of frontage shall be planted, or as determined upon site plan review.

(7) All required planting shall be permanently maintained in good condition, and, when necessary, replaced with new plant material to ensure continued compliance with these standards. For the purpose of enforcement, the property owner shall be responsible for maintenance. Maintenance shall include watering, weeding and pruning.

§ 200-17 (Reserved)

§ 200-18 (Reserved)