[1]
Editor's Note: See also the Zoning Schedule included at the
end of this chapter.
A.
The following principal uses are permitted:
(1)
Single-family dwellings.
(2)
Farms and farm buildings.
(3)
Orchards, nurseries (tree), reforestation areas.
(4)
Municipal recreation areas including parks, playgrounds and play
fields deemed necessary and appropriate by the Town Board.
(5)
Public buildings, libraries, museums, public and nonprofit private
schools accredited by the State Education Department.
B.
The following accessory uses are permitted:
(1)
Private garages.
(2)
Customary residential storage structures, toolhouse, playhouses,
greenhouses.
(3)
Animal shelters for domestic pets of the household.
(4)
Other customary residential structures such as private swimming pools,
fireplaces, trellises, lampposts and the like.
(5)
Customary farm buildings for the storage of products or equipment
located on the same parcel as the principal use.
(6)
Off-street parking.
C.
The following uses may be permitted with a special use permit:
(1)
Home occupation.
(2)
Churches and other similar places of worship, parish houses, convents,
cemeteries and other such facilities of recognized religious groups.
Special use permit applications for churches shall be reviewed only
for the public’s health, safety, welfare and morals, all of
which are presumed.
[Amended 9-14-2015 by L.L. No. 1-2015]
(3)
Education institution. A special use permit application for an education
institution shall be reviewed only for the public’s health,
safety, welfare and morals, all of which are presumed.
[Added 9-14-2015 by L.L.
No. 1-2015]
D.
RA2 and RA3 Districts.
(1)
RA2 and RA3 Districts may be established only in zones where subdivisions
exist that were on file in the Madison County Clerk's office prior
to the adoption of the Zoning Ordinance in 1972.
(a)
RA2 and RA3 have been added solely for the purpose of accommodating
existing subdivisions that do not and cannot conform to the specific
requirements.
(b)
The intent of this section is to assure that density of population
does not exceed capability of land to accommodate sewage disposal,
water supply and other considerations. In general, this district covers
areas where severe limitation to building construction and land use
may be encountered.
(2)
All portions of the Zoning Map of the Town of Lenox delineated as
RA Zones shall be considered to be RA1 unless specifically designated
otherwise by the terms of this section.
[Amended 10-13-1986 by L.L. No. 2-1986]
[1]
Editor's Note: See the Zoning Schedule included at the end
of this chapter for more provisions on the RA1, RA2 and RA3 Districts.
A.
The following principal uses are permitted:
(1)
Single-family dwellings.
(2)
Two-family dwellings.
(3)
Farms and farm buildings.
(4)
Orchards and nurseries.
(5)
Municipal recreation areas including parks, playgrounds and play
fields deemed necessary and appropriate by the Town Board.
(6)
Public buildings, libraries, museums, public and nonprofit private
schools accredited by the State Education Department.
B.
The following accessory uses are permitted;
(1)
Private garages.
(2)
Customary residential storage structures, toolhouses, playhouses,
greenhouses.
(3)
Animals shelters for domestic pets of the household.
(4)
Other customary residential structures such as private swimming pools,
fireplaces, trellises, lampposts and the like.
(5)
Customary farm buildings for the storage of products or equipment
located on the same parcel as the principal use.
(6)
Off-street parking.
C.
The following uses may be permitted with a special use permit:
(1)
Home occupation.
(2)
Hospitals, colleges, licensed or accredited by New York State.
(3)
Pet cemeteries.
(4)
Private or municipal recreation areas.
(5)
Day-care facilities.
(6)
Conversion of existing structures to two-family dwellings.
(7)
Churches and other similar places of worship, parish houses, convents
and other such facilities of recognized religious groups. Special
use permit applications for churches shall be reviewed only for the
public’s health, safety, welfare and morals, all of which are
presumed.
[Amended 9-14-2015 by L.L. No. 1-2015]
(8)
Education institution. A special use permit application for an education
institution shall be reviewed only for the public’s health,
safety, welfare and morals, all of which are presumed.
[Added 9-14-2015 by L.L.
No. 1-2015]
D.
This district covers approximate areas where moderate or slight limitations
to building construction and land use are encountered.
A.
The following principal uses are permitted:
(1)
Single-family dwellings.
(2)
Two-family dwellings.
(3)
Multifamily housing with site plan approval.
[Amended 2-11-1985 by L.L. No. 2-1985]
(4)
Municipal recreation areas including parks, playgrounds and play
fields deemed necessary and appropriate by the Town Board.
(5)
Public buildings, libraries, museums, public and nonprofit private
schools accredited by the State Education Department.
B.
The following accessory uses are permitted:
(1)
Private garages.
(2)
Customary residential storage, structures, toolhouses, playhouses,
greenhouses,
(3)
Animal shelters for domestic pets of the household.
(4)
Other customary residential structures such as private swimming pools,
fireplaces, trellises, lampposts and the like.
(5)
Off-street parking.
C.
The following uses may be permitted with a special use permit:
(1)
Churches and similar places of worship, parish houses, convents and
other such facilities of recognized religious groups. Special use
permit applications for churches shall be reviewed only for the public’s
health, safety, welfare and morals, all of which are presumed.
[Amended 9-14-2015 by L.L. No. 1-2015]
(2)
Hospitals, colleges, licensed or accredited by New York State.
(3)
Day-care facilities.
(4)
Nursing and convalescent homes.
(5)
Education institution. A special use permit application for an education
institution shall be reviewed only for the public’s health,
safety, welfare and morals, all of which are presumed.
[Added 9-14-2015 by L.L.
No. 1-2015]
D.
Requirements for multifamily housing:
(1)
Public or community water supply and sewage disposal shall be provided
for all multifamily projects.
(2)
Multifamily housing may be permitted if adequate usable open space,
space for recreation and buffer areas at property lines have been
provided.
(3)
The application for a building permit must include approval by the
New York State Department of Health of proposed facilities for water
supply, sewage disposal and storm drainage.
E.
This district is in that part of the Town where public water and
public sewer have been installed. Higher population density than in
other districts is allowed, provided that houses are connected to
the public utilities.
[Amended 1-8-2001 by L.L. No. 1-2001]
A.
This is an overlay to existing zones, and these uses are in addition
to those uses allowed in the existing zones.
B.
The following principal uses are permitted:
(1)
Mobile homes on individual lots. Mobile homes on individual lots
shall meet all of the requirements applicable to the single-family
dwellings (minimum lot area, frontage, setback, etc.).
(2)
Municipal recreation areas including parks, playgrounds and play
fields deemed necessary and appropriate by the Town Board.
C.
The following accessory uses are permitted:
(1)
Private garages.
(2)
Customary residential storage structures, toolhouses, playhouses,
greenhouses.
(3)
Animal shelters for domestic pets of the household.
(4)
Other customary residential structures such as private swimming pools,
fireplaces, trellises, lampposts and the like.
(5)
Customary farm buildings for the storage of products or equipment
located on the same parcel as the principal use.
(6)
Off-street parking.
D.
The following uses may be permitted with a special use permit:
F.
Minimum requirements for mobile home parks.
(1)
The total area of a mobile home park shall conform to the minimum
requirements of areas for individual building lots of the district
in which the park is located. (For example, total area of a mobile
home park consisting of 10 mobile homes in a district requiring one
acre per dwelling unit shall be 10 acres.)
(2)
Individual mobile home dwelling units within the park may be located
on smaller individual lots, provided that:
(a)
Community water and community sewer facilities are available.
(b)
Remaining land is utilized for usable open space, recreational
space, landscaping or screening from other properties or uses.
(c)
In no case, however, shall individual lots within a park be
smaller then 5,000 square feet, and the lot shall have a minimum frontage
of 70 feet, minimum front yard of 30 feet and minimum side and back
yards of 20 feet.
(3)
Each mobile home lot shall front on an access road. Driveways from
each lot shall enter into the access road; driveways from lots shall
not enter existing state, county or Town roads or highways. All access
roads within a mobile home park shall conform to Town standards, shall
be reviewed and approved by the appropriate highway superintendent
prior to construction.
(4)
Each mobile home lot shall have a provision to accommodate one off-street
parking space.
(5)
Each mobile home park shall provide community water supply and community
sewage disposal. Each mobile home lot shall have a provision for connecting
to the community water supply and community sewerage disposal. Water
supply and sewerage disposal systems must conform to local and state
requirements.
(6)
Each mobile home park shall have provisions for drainage of stormwater
and groundwater.
G.
By use of overlay zoning, this district provides areas where mobile
homes and mobile home parks can be located. Individual mobile homes
are considered to have similar requirements and restrictions as conventional
housing; mobile home parks can effect some savings by clustering units
on smaller lots.
[Added 1-8-2001 by L.L. No. 1-2001]
A.
This is an overlay to existing zones, and these uses are in addition
to those uses allowed in the existing zones.
B.
The following principal uses are permitted:
(1)
Double-wide dwellings on individual lots. Double-wide dwellings
shall meet all of the requirements applicable to family dwellings
(minimum lot area, frontage, setback, etc.).
(2)
Church and education institution. A special use permit application
for a church or education institution shall be reviewed only for the
public’s health, safety, welfare and morals, all of which are
presumed.
[Added 9-14-2015 by L.L.
No. 1-2015]
C.
The following uses are permitted:
(1)
Private garages.
(2)
Customary residential storage structures, toolhouses, play houses,
greenhouses.
(3)
Animal shelters for domestic pets of the household.
(4)
Other customary residential structures such as private swimming
pools, trellises, lampposts and the like.
(5)
Customary farm buildings for the storage of products or equipment
located on the same parcel as the principal use.
(6)
Off-street parking.
D.
Other requirements.
(1)
Double-wide dwellings shall be permanently anchored.
(2)
Skirting is required on all double-wide manufactured mobile
homes which shall consist of at least a minimum of six-inch cement
blocks bonded with mortar cement at the joints. Skirting shall start
at the slab and continue until terminated under the existing perimeter
of the manufactured mobile home. (The intent of this skirting is so
that the manufactured mobile home conforms with the residential area
as if it were a conventional built home.)
[Amended 6-11-2001 by L.L. No. 6-2001]
E.
By use of overlay zoning, this district provides areas where double-wide
manufactured dwellings can be located. Double-wide dwellings are considered
to have similar requirements and restrictions as conventional housing.
Location and number of such districts is intended to allow a substantial
choice of sites for an important form of affordable, typically owner-occupied,
rural and suburban housing without impacting site-built residential
neighborhoods.
C.
The following uses may be permitted with a special use permit:
(1)
Public utility uses.
(2)
Stables, riding academies.
(3)
Excavation operations.
(4)
Roadside stands for the sale of on-premises agricultural produce.
(5)
Guest or vacation farms.
(6)
Private airstrips.
(7)
Pet cemeteries.
(8)
Home occupation.
(9)
Facilities used for centralized bulk collection, storage and distribution
of agricultural products to wholesale and retail markets.
(10)
Mobile homes.
(a)
One mobile home per farm, provided that the following conditions
are met:
[1]
The total farm size must be at least 100 acres.
[2]
The mobile home shall be for an agricultural employee of the
farm owner (not a rental unit).
[3]
The mobile home site must be at least 200 feet from adjacent
property or property lines and must have a front-line setback of at
least 100 feet and be at least 25 acres in size.
[4]
The mobile home shall be located on the same parcel as existing
farm buildings and in close proximity to the same.
[5]
The site must have adequate screening, water supply and a separate
on-site sewage disposal system.
(b)
A special permit will be granted for a maximum period of two
years and must be reviewed and may be renewed every two years.
(12)
Church and education institution. A special use permit application
for a church or education institution shall be reviewed only for the
public’s health, safety, welfare and morals, all of which are
presumed.
[Added 9-14-2015 by L.L.
No. 1-2015]
D.
This district is proposed as a means of preserving prime agricultural
lands and thus protecting the agricultural base of the Town of Lenox.
The district should be large enough to provide preservation of areas
for future farming activities and, as a side benefit, to provide open
space areas.
B.
C.
The following uses may be permitted with a special use permit:
(1)
Public utility uses.
(2)
Commercial stables, riding academies.
(3)
Excavation operations.
(4)
Roadside stands for the sale of on-premises agricultural products.
(5)
Guest or vacation farms.
(6)
Airfields.
(7)
Pet cemeteries.
(8)
Campground; only where public sewers are available and in accordance with the supplemental regulations in Article VI.
(9)
Churches and other similar places of worship, parish houses, convents,
cemeteries and other such facilities of recognized religious groups.
Special use permit applications for churches shall be reviewed only
for the public’s health, safety, welfare and morals, all of
which are presumed.
[Amended 9-14-2015 by L.L. No. 1-2015]
(10)
Home occupation.
(11)
Mobile homes.
(a)
One mobile home per farm, provided that the following conditions
are met:
[1]
The total farm size must be at least 100 acres.
[2]
The mobile home shall be for an agricultural employee of the
farm owner (not a rental unit).
[3]
The mobile home site must be at least 200 feet from adjacent
property or property lines and must have a front-line setback of at
least 100 feet and be at least 25 acres in size.
[4]
The mobile home shall be located on the same parcel as existing
farm buildings and in close proximity to the same.
[5]
The site must have adequate screening, water supply and a separate
on-site sewage disposal system.
(b)
A special permit shall be granted for a maximum period of two
years and must be reviewed and may be renewed every two years.
(12)
Education institution. A special use permit application for
an education institution shall be reviewed only for the public’s
health, safety, welfare and morals, all of which are presumed.
[Added 9-14-2015 by L.L.
No. 1-2015]
(13)
Commercial designed, build and/or manufactured storage units.
[Added 6-27-2016 by L.L.
No. 14-2016]
(a)
Setbacks: 100 feet, front; 50 feet, side; 50 feet, rear.
(c)
Height: Units to be no taller than 10 feet at most vertical
point.
(f)
Signage (size and location): Follow existing Sign Code, 12 square
feet.
(g)
Storage: There shall be no storage of flammable, hazardous or
toxic liquids, materials or wastes of any kind, and there shall be
no outside storage of any kind.
[Amended 11-14-2016 by L.L. No. 16-2016]
D.
Distance from farm buildings:
(1)
Minimum distance between new residential buildings and existing major
farm buildings shall be no less than 250 feet unless occupied by a
farm owner, family or employees.
(2)
The purpose of this district is to keep good farmlands in production
as long as possible while providing an overflow area for residential
development once all other zones are built up. The larger rear yard
requirement is designed to provide a buffer between residential and
possible agricultural activities.
A.
B.
C.
The following uses may be permitted with a special use permit:
(1)
Hotel, motel, tourist home.
(2)
Motor vehicle service and gas stations.
(3)
Other neighborhood retail business use upon recommendation of the
Planning Board that such use is of the same general character as those
permitted and that it will not be detrimental to the other uses within
the district or to the adjoining land uses.
(4)
Pet cemeteries.
(5)
Church and education institution. A special use permit application
for a church or education institution shall be reviewed only for the
public’s health, safety, welfare and morals, all of which are
presumed.
[Added 9-14-2015 by L.L.
No. 1-2015]
D.
Site plan approval by the Planning Board is required for all uses
in this zone.
E.
This district is intended to accommodate small stores and businesses
which are intended to service the immediate neighborhood.
A.
The following principal uses are permitted with site plan approval:
(1)
Shopping center, including department stores and retail shops.
(2)
Retail store.
(3)
Business office.
(4)
Personal service.
(5)
Stores and shops.
(6)
Restaurants or other places for serving food and beverages.
(7)
Banks and financial institutions.
(8)
Hospitals, veterinary hospitals.
(9)
Mortuary, funeral homes.
(10)
Public utility office and stations.
(11)
Hotel, motel, tourist homes.
(12)
Office buildings for executive, engineering and administrative
purposes.
(13)
Scientific or research laboratories devoted to research, design
and experimentation where processing and manufacturing are incidental
to research.
(14)
Enclosed warehouse or wholesale use.
(15)
Enclosed service and repair shops.
(16)
Enclosed recreational business facilities such as movie theaters,
bowling alleys, skating rinks.
B.
C.
The following uses may be permitted with a special use permit:
(1)
Outdoor recreation businesses, such as miniature golf.
(2)
Motor vehicle service and gas stations.
(3)
Public garages.
(4)
Motor vehicle repair shops.
(5)
Other neighborhood retail business uses, upon recommendation of the
Planning Board that such use is of the same general character as those
permitted and that it will not be detrimental to the other uses within
the district or to the adjoining land use.
(6)
Pet cemeteries.
(7)
Kennels.
(9)
Church and education institution. A special use permit application
for a church or education institution shall be reviewed only for the
public’s health, safety, welfare and morals, all of which are
presumed.
[Added 9-14-2015 by L.L.
No. 1-2015]
(10)
A real property owner who is also the business owner may reside
on the property where the business is located. The Town of Lenox Planning
Board may deny the special use permit if deemed inappropriate. The
permit shall not survive a change of property ownership or business.
[Added 9-14-2015 by L.L.
No. 2-2015]
D.
Site plan approval by the Planning Board is required for all uses
in this zone.
E.
This district makes provision for a neighborhood, Town or regional
shopping and business center. Existing districts form areas which
may be expanded in the future to accommodate growth of business and
commerce.
A.
The following principal uses are permitted with site plan approval:
B.
The following accessory uses are permitted:
C.
Site plan approval by the Planning Board is required for all uses
in this zone.
D.
This district is intended to provide areas where commercial and semipublic
recreation may be accommodated; primary areas are at the lakeshore;
however, in the future, inland areas may also be considered.
E.
The following uses may be permitted with a special use permit:
[Added 9-14-2015 by L.L.
No. 1-2015]
(1)
Church
and education institution. A special use permit application for a
church or education institution shall be reviewed only for the public's
health, safety, welfare and morals, all of which are presumed.
A.
The following principal uses are permitted with site plan approval:
(1)
Office buildings for executive, engineering and administrative purposes.
(2)
Scientific or research laboratories devoted to research, design and
experimentation where processing and manufacturing are incidental
to research.
(3)
Enclosed manufacturing industries.
(4)
Enclosed warehouse or wholesale use.
(5)
Enclosed service and repair shops.
(6)
Enclosed industrial processes and services.
(7)
Freight or trucking terminal.
(8)
Contractor's yard.
(9)
Public garage.
(10)
Veterinary hospitals.
(11)
Gravel mining quarries.
B.
The following accessory uses are permitted:
C.
The following uses may be permitted with a special use permit:
(1)
Junkyards.
(2)
Automotive dismantlers.
(3)
Kennels.
(5)
Church and education institution. A special use permit application
for a church or education institution shall be reviewed only for the
public’s health, safety, welfare and morals, all of which are
presumed.
[Added 9-14-2015 by L.L.
No. 1-2015]
D.
Site plan approval by the Planning Board is required for all uses
in this zone.
E.
This district consists of areas which have already developed as industrial
or manufacturing uses or, because of the proximity to transportation
routes, have a potential of providing locations for industry, manufacturing,
research and development.
B.
The following accessory uses are permitted:
C.
The following uses may be permitted with a special use permit:
(1)
Single-family dwellings.
(2)
Open space recreation.
(3)
Seasonal housing.
(4)
Church and education institution. A special use permit application
for a church or education institution shall be reviewed only for the
public’s health, safety, welfare and morals, all of which are
presumed.
[Added 9-14-2015 by L.L.
No. 1-2015]
D.
Additional requirements for granting special permits in conservation
zones:
(1)
Plans submitted to the Planning Board for a special use permit in
Conservation/Outdoor Recreation Districts shall show a minimal disturbance
of the natural ecology of the area; reforestation of bare slopes over
10%; no filling of swamps and wetlands; no building on slopes in excess
of 15%; no septic field installation closer than 100 feet from such
fifteen-percent slopes; no construction or disturbance within floodplains;
a retention of trees and other natural and physical features; and
road entry approval by the highway department having jurisdiction
over the road entered.
E.
Agricultural operation in Conservation/Outdoor Recreation Zones.
Agricultural operations within 20 feet of any natural year-round stream
shall be prohibited; the twenty-foot strip shall be kept in permanent
sod, planted with trees or shrubs.
F.
This district attempts to prevent environmental hazards caused by
high-density development of areas not suitable for development (such
as steep slopes, floodplains, wetlands, etc.) to keep open areas in
which it is in the public interest to retain open space (such as adjacent
to parks, recreation areas, state reforestation lands, public airports)
and to protect aquifer recharge areas, outstanding natural features,
lakefronts, scenic overlooks and proposed public parks.
A.
The Major Highway District, HY, is an overlay zone with additional
requirements.
B.
Minimum requirements. All individual properties fronting on designated
major highways shall have minimum lot areas, road frontage and yard
setback as indicated in the Major Highway District Schedule.[1] Where any inconsistency exists between two similar requirements,
the more restrictive shall apply.
[1]
Editor's Note: See the Zoning Schedule at the end of this
chapter.
C.
Frontage on side street. The Major Highway District's minimum road
frontage requirement will not apply when the residence fronts on a
side street or cul-de-sac and the driveway enters the same side street
and not the major road. In such instances, the requirements of the
prevailing district shall apply.
D.
Highway District locations. All individual properties fronting on
the following major highways shall be included in this district: State
Route Nos. 5, 13, 31 and 316.
E.
This regulation is designed to discourage strip development along
existing main arterials, to diminish traffic hazards to residents
and to provide and protect a safe and efficient flow of traffic along
major routes by limiting the density of development directly along
such routes.
F.
The following uses may be permitted with a special use permit:
(1)
Bed-and-breakfast.
[Added 7-10-1989 by L.L. No. 4-1989]
(2)
Church and education institution. A special use permit application
for a church or education institution shall be reviewed only for the
public’s health, safety, welfare and morals, all of which are
presumed.
[Added 9-14-2015 by L.L.
No. 1-2015]
A.
Provision is included for planned development districts to permit
establishment of areas in which diverse residential, commercial and
industrial uses may be brought together as a compatible and unified
plan of development which is in the interest and the general welfare
of the public.
B.
Area, yard, coverage, height and supplementary regulation requirements
shall be comparable to minimum requirements in appropriate residential,
commercial or industrial zoning districts for each specific use, except
where the Planning Board finds that it is in the public interest to
modify these requirements.
C.
Site plans. The owner shall submit six sets of site plans of the proposed development to the Planning Board for review as required in § 134-68.
D.
Findings required. Within 60 days of the submission of the site plans,
the Planning Board shall review the plan and make a recommendation
to the Town Board concerning the zone change. In order to recommend
approval of the zone change, the Planning Board shall find that:
(1)
Uses proposed will not be detrimental to present and potential surrounding
uses.
(2)
Land surrounding the proposed development can be planned in coordination
with the proposed development and that it be compatible in use.
(3)
The proposed zoning change is in conformance with the intent of the
Comprehensive Plan.
(4)
Existing and proposed streets are suitable and adequate to carry
anticipated traffic within and in the vicinity of the proposed district.
(5)
Existing and proposed utility services are adequate for proposed
development.
(6)
Each phase of the proposed development, as proposed to be completed,
contains the required parking spaces and landscaped areas necessary
for creating and sustaining a desirable and stable environment.
E.
Public hearing.
(1)
Town Board may amend the Zoning Map after holding a public hearing,
but such action shall have the effect only of granting permission
for development of the specific proposal, in accordance with the site
plans approved by the Planning Board. An appropriate notation to that
effect shall be made on three sets of plans. One set shall be retained
by the Town Clerk.
(2)
Planned development approval by the Town Board shall be secured by
the owner for each phase of development.
