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Town of Royalton, NY
Niagara County
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A. 
Purpose. The Agricultural District is primarily for agricultural and rural-residential uses, including such nonfarm residential, commercial and agri-industrial uses not deemed to be incompatible with the rural nature of the neighborhood.
B. 
Permitted uses. One and two-family dwellings, accessory apartments, and agriculture and customary agricultural operations and uses are permitted, subject to the following restrictions:
(1) 
No building in which animals are kept shall be closer than 100 feet to any adjoining lot line.
(2) 
No storage of manure or odor- or dust-producing substance or use shall be permitted within 100 feet of any adjoining lot line.
(3) 
No greenhouse heating plant shall be operated within 50 feet of any adjoining lot line.
C. 
Permitted accessory uses. Uses and structures customarily incidental to permitted uses and structures. Accessory uses in conjunction with a farming or gardening operation may include the keeping of accessory farm implements, equipment and vehicles and the sale on the premises of farm products produced on the premises or on other farms within the Town providing that no permanent nonseasonal structure for the sale of farm products shall be erected, operated or maintained in any required yard abutting a road except upon the issuance of a special use permit by the Zoning Board of Appeals. Accessory uses including seasonal roadside stands are not to be used on a nonfarm, commercial basis.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. 
Uses requiring a special use permit (subject to special use permit regulations and procedures).
[Amended 12-8-2003]
Accessory apartment (separate building)
Agribusiness
Airports
Animal hospitals
Animal husbandry involving the housing of animals or storage of odor- or dust-producing substances less than 100 feet from a lot line when adjoining area is unimproved.
Bed-and-breakfast establishment
Campgrounds; seasonal tent, trailer or recreational vehicle camp
Cemeteries
Clubs
Day-care centers
Essential services
Farm labor camps
Fur farms
Golf course
Home business
Industrial agricultural enterprise
Industrialized poultry farm
Kennels
Livery and commercial stable (25 or more horses)
Mobile home parks
Mobile homes on a farm premises of less than 50 acres when occupied by residents whose prime employment is on the premises and their families
Motor vehicle/heavy equipment repair shops
Multiple-family dwellings
Permanent roadside stands (with on-site agricultural operations)
Pig farms
Public and semipublic buildings and grounds
Public utilities; public utility substations
Shop for custom work
Other uses which in the opinion of the Zoning Board of Appeals are similar in nature to the above listed uses.
E. 
Specifications.
(1) 
Setbacks.
(a) 
Front: 50 feet.
(b) 
Side: 10 feet.
(c) 
Rear: 35 feet.
(2) 
Frontage: 150 feet.
(3) 
Depth: 300 feet.
(4) 
Height: 35 feet (except agricultural storage facilities, airport structures and private alternate energy towers).
(5) 
Minimum lot size: 45,000 square feet.
(6) 
Maximum lot coverage for dwelling and accessory structures shall not exceed 35% of the lot area.
(7) 
Corner lots: structures and uses shall have a set back from the adjacent highway right-of-way line of not less than 25 feet.
(8) 
There shall be but one dwelling on any single lot.
A. 
Purpose. The purpose of the One- and Two-Family Residential District is to provide a stable environment for one- and two-family rural-residential development free from incompatible uses. The districts are either served by public water or are in an area where densities are high enough to support public water if growth is likely or encouraged.
B. 
Permitted uses in the One- and Two-Family Residential District are as follows:
Accessory apartment
Single-family dwellings
Two-family dwellings
Family day-care home
Gardening and customary agricultural uses other than animal husbandry, subject to the restrictions stated in § 200-32B
Home occupations
C. 
Permitted accessory uses. Uses and structures customarily incidental to permitted uses and structures. Accessory uses are not to be used on a commercial basis.
D. 
Uses requiring a special use permit (subject to special use permit regulations and procedures).
[Amended 12-8-2003]
Accessory apartment (separate building)
Airports
Animal husbandry involving the housing of animals or storage of odor- or dust-producing substances less than 100 feet from a lot line when adjoining area is unimproved
Bed-and-breakfast establishment
Campgrounds, season tent, trailer or recreational vehicle camp
Cemeteries
Clubs
Day-care centers
Essential services
Farm labor camps
Fur farms
Golf course
Home business
Industrial agricultural enterprise
Industrial poultry farm
Kennels
Mobile home parks
Mobile homes on a farm premises of less than 50 acres when occupied by residents whose prime employment is on-premises, and their families
Multiple-family dwellings
Permanent roadside stands (with on-site agricultural operations)
Planned residential development
Public and semipublic buildings and grounds
Public utilities
Seasonal roadside stand
Shops for custom work
Motor vehicle/heavy equipment repair shops
Other uses which in the opinion of the Zoning Board of Appeals are similar in nature to the above listed uses
E. 
Specifications.
(1) 
Setbacks.
(a) 
Front: 50 feet.
(b) 
Side: 10 feet.
(c) 
Rear: 35 feet.
(2) 
Frontage: 150 feet.
(3) 
Depth: 300 feet.
(4) 
Height: 35 feet.
(5) 
Minimum lot size: 45,000 square feet, except that an authorized use situated in a sewer and water district and connected to public water and sewer services may be established on a lot having an area of not less than 15,000 square feet and a width of not less than 100 feet. On such lots, there shall be a front yard of not less than 30 feet and two side yards, one of which shall not be less than five feet in width and the other side yard of not less than 10 feet in width and a rear yard of not less than 25 feet in depth.
(6) 
Maximum lot coverage for dwelling and accessory structures shall not exceed 35% of the lot area.
(7) 
Corner lots: structures and uses shall have a setback from the adjacent highway right-of-way line of not less than 25 feet.
(8) 
There shall be but one dwelling on any single lot.
A. 
Purpose. The purpose of the Multiple-Family Residential District is to provide an environment for multiple dwelling development. Uses in this district are either served by public water and public sewer or are in areas with densities high enough to support such facilities if growth is likely or encouraged.
B. 
Permitted uses in the Multiple-Family Residential District are as follows:
One-family dwellings
Two-family dwellings
Multiple-family dwellings
Family day-care homes
Gardening and customary agricultural uses other than animal husbandry
Home occupations
Rooming houses; lodging houses
C. 
Permitted accessory uses. Uses and structures customarily incidental to permitted uses and structures. Accessory uses are not to be used on a commercial basis.
D. 
Uses requiring a special use permit (subject to special use permit regulations and procedures) are as follows:[1]
Animal husbandry
Bed-and-breakfast establishment
Clubs
Day-care centers
Essential services
Home business
Home professional offices
Lodging houses
Planned residential development
Public and semipublic buildings and grounds
Public utilities
Shops for custom work
Other uses which in the opinion of the Zoning Board of Appeals are similar in nature to the above listed uses
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
E. 
Specifications.
(1) 
Setbacks.
(a) 
Front: 50 feet.
(b) 
Side: 10 feet (except for multiple dwellings).
(c) 
Rear: 40 feet, except for single- and two-family dwellings on a lot in a water and sewer district when connected to public water and sewer services, in which case the front yard setback shall be 30 feet, one side yard of five feet and the other of 10 feet, and a rear yard setback of 25 feet.
(2) 
Corner lots: structures and uses shall have a setback from the adjacent highway right-of-way line of not less than 25 feet.
(3) 
Minimum lot size: 45,000 square feet.
(4) 
Frontage: 150 feet, except that a one- or two-family dwelling situated in a water and sewer district and connected to public water and sewer services may be established on a lot having an area of not less than 15,000 square feet and a width of not less than 100 feet.
(5) 
Maximum lot coverage for dwelling and accessory structures shall not exceed 35% of the lot area.
F. 
Other provisions and requirements for multiple dwellings.
(1) 
The maximum gross density shall not exceed eight units per acre.
(2) 
Minimum gross floor area requirements.
(a) 
Townhouse units, two bedrooms or less: 850 square feet.
(b) 
Townhouse unit, three bedrooms or more: 1,000 square feet.
(c) 
Apartment unit, efficiency: 550 square feet.
(d) 
Apartment unit, one bedroom: 675 square feet.
(e) 
Apartment unit, two bedrooms: 800 square feet.
(f) 
Apartment unit, three bedrooms: 950 square feet.
(g) 
No more than 20% of the total units within a multiple-family dwelling development shall be three or more bedrooms units.
(3) 
All stairways to the second floor or higher shall be located inside the building.
(4) 
Access to public road.
(a) 
All multiple-family dwelling developments must have direct access to a public road.
(b) 
If there are more than 12 dwelling units in a multiple-family dwelling development, direct access must be provided to a public road by a private driveway or a road dedicated to the Town by the developer.
(c) 
If there are more than 50 dwelling units in a multiple-family development, or if in the opinion of the Planning Board the location of topography of the site indicates the need for additional access, the Planning Board may require such additional access as a condition of site plan approval.
(5) 
Side and rear yard setbacks for multiple-family dwellings shall be at least 40 feet.
(6) 
Minimum distance between buildings in a multiple-family dwelling development shall be 20 feet.
(7) 
Off-street parking shall be provided in the amount of two spaces for each unit.
(8) 
The aggregate lot coverage of multiple-family dwelling developments shall not exceed 60% of the total lot area.
(9) 
Plans submitted for site plan approval shall include, at a minimum: sewage disposal, water supply, storm drainage, parking, garbage disposal, landscaping and lighting.
A. 
Purpose. The purpose of the Business District is to provide business establishments servicing the needs of area residents and visitors, especially in the nature of retail and service businesses. Permitted uses are intended to create a business district free from conflicting land uses.
B. 
Permitted Uses. Business services including warehousing and storage, general business, service business, restaurants, taverns, professional offices, retail and wholesale businesses not listed in Subsection D are permitted. Also the following uses are permitted:
Animal hospitals
Automobile sales
Convenience businesses; mini-marts
Family day-care homes
Home business
Home occupations
Home professional offices
Motor vehicle/heavy equipment repair shops
Nursing homes
Retail gasoline station or outlet
Shops for custom work
Other uses which in the opinion of the Zoning Board of Appeals are similar in nature to the above listed uses
C. 
Permitted accessory uses.
(1) 
Uses and structures customarily incidental to permitted uses and structures. Private garage space for the storage of commercial vehicles used in conjunction with a permitted business use.
(2) 
Off-street parking, loading and unloading facilities subject to the provisions of Article III of this chapter.
D. 
Uses requiring a special use permit (subject to special use permit regulations and procedures):
Agribusiness
Amusement centers
Animal husbandry
Automobile laundry
Bed-and-breakfast establishment
Clubs
Day-care centers and nursery schools
Essential services
Lodging house; rooming houses
Motels and hotels
Multiple-family dwellings
Public and semipublic buildings and grounds
Public utilities
Other uses which in the opinion of the Zoning Board of Appeals are similar in nature to the above listed uses
E. 
Specifications.
(1) 
Setbacks.
(a) 
Front: 50 feet.
(b) 
Side: 15 feet.
(c) 
Rear: 20 feet.
(2) 
Frontage: 150 feet.
(3) 
Depth: 300 feet.
(4) 
Height: 35 feet.
(5) 
Minimum lot size: 45,000 square feet, except that an authorized use situated in a sewer and water district and connected to public water and sewer services may be established on a lot having an area of not less than 15,000 square feet and a width of not less than 100 feet.
(6) 
Maximum lot coverage for a principal building and accessory structures shall not exceed 35% of the lot area.
F. 
Other provisions and requirements: site plan. No commercial structure or use shall be permitted within 50 feet of the nearest lot line of any residential district. Planning Board site plan review of Business District permitted and special uses, prior to issuance of a building permit or any change in use of the premises, is required.
A. 
Purpose. The purpose of the Light Industrial District is to provide for light manufacturing, assembly and storage facilities as well as research and development activities and offices which will not in any manner interfere with nearby uses.
B. 
Permitted uses are as follows:
(1) 
All those uses permitted as of right in the Business District subject to the regulations applicable to the B District.
(2) 
Research institutes and laboratories.
(3) 
Scientific research or experimental development of materials, methods or products, including engineering and agricultural research, processing and fabrication incidental thereto.
(4) 
Manufacture or assembly of electric, electronic or optical instruments or devices.
(5) 
Light manufacturing, assembling, fabricating or packaging of products from previously prepared materials.
(6) 
Precision machinery; tool and die work.
(7) 
Office buildings for executive engineering and administrative purposes.
(8) 
Farm and garden implement stores.
(9) 
Truck garden nursery; farm produce sales.
(10) 
Administrative, educational and other related activities and facilities in conjunction with a permitted use.
(11) 
Other non-nuisance uses which, in the opinion of the Zoning Board of Appeals, are similar in nature and scale to those permitted above.
C. 
Permitted accessory uses are as follows:
(1) 
Signs shall be permitted for advertising industrial activities on the premises which shall not exceed, in aggregate, 15% of the area of the front facade of the building. Such signs may be illuminated but shall not be of the flashing type.
(2) 
Private garage and storage buildings, which are necessary to store any vehicle, equipment, or materials on the premises.
(3) 
Off-street parking space subject to the provisions of Article III of this chapter.
D. 
Uses requiring a special use permit. All those uses requiring a special use permit in the Business District.
E. 
Other provisions and requirements.
(1) 
All assembly, research, engineering, administration, storage and other related activities shall be conducted wholly within enclosed buildings.
(2) 
At no time shall any use result in or cause dissemination of dust, smoke, smog, observable gas, fumes, odors, radiation or other atmospheric pollution, objectionable noise, glare or vibrations or hazard of fire or explosive or any other physical hazard to any adjacent buildings or to any plant growth or any land adjacent to the site.
(3) 
The architectural treatment and general appearance of all buildings and grounds shall be in keeping with the purpose of this district and shall be of such quality and design as to be a visual asset to the area in which they are located as well as to adjacent development.
(4) 
Off-street parking spaces shall be subject to the provisions of § 200-15 of this chapter.
(5) 
Off-street loading facilities shall be subject to the provisions of § 200-16 of this chapter.
(6) 
Industrial structures shall be located so as to be a minimum of 75 feet from any nonindustrial district. A natural buffer strip 15 feet wide shall be placed and maintained so as to provide visual screening and separation between industrial and nonindustrial uses.
(7) 
All uses permitted in this district shall set aside not less than 20% of the lot to be devoted to seeding, planting, retention of tree cover, or other landscaping. This area shall be used for no other purpose.
(8) 
Planning Board site plan review of Light Industrial District permitted and special uses, prior to issuance of a building permit, is required.
F. 
Specifications.
(1) 
The following yard shall be provided:
(a) 
Front: 50 feet.
(b) 
Side: 50 feet.
(c) 
Rear: 50 feet.
(2) 
Height: no building shall be erected in excess of 35 feet in height.
(3) 
Frontage: lots shall have a minimum frontage of 150 feet.
(4) 
Minimum lot size: one acre.
A. 
Purpose. The purpose of the General Industrial District is to provide for the regulated establishment of industrial activity which is helpful in the development of a balanced economy.
B. 
Permitted uses are as follows:
(1) 
Any use of an industrial or agri-industrial nature (unless listed below at Subsection D) which is not detrimental to the environment, not inherently unsanitary, not a menace to the public health, not a nuisance in law or in fact, and which is not noxious or offensive by reason of the emission of odor, dust smoke, gas, fumes or unusual, continuous or vexatious noise. The following are indicative of the uses intended to be permitted:
(a) 
Machinery manufacture;
(b) 
Fabrication of metal products;
(c) 
Fabrication of paper products;
(d) 
Fabrication of wood products;
(e) 
Food and associated industries;
(f) 
The warehousing or storage of goods and products such as building materials and farm supplies;
(g) 
Automobile sales.
(2) 
Customary agricultural operations.
(3) 
Essential services.
(4) 
Terminal facilities for transportation services.
(5) 
Laundries, dry-cleaning and dyeing services.
C. 
Permitted accessory uses are as follows:
(1) 
Signs shall be permitted for advertising industrial activities on the premises which shall not exceed, in aggregate, 15% of the area of the front facade of the building. Such signs may be illuminated but shall not be of the flashing type.
(2) 
Private garage and storage buildings, which are necessary to store any vehicle, equipment, or materials on the premises.
(3) 
Off-street parking space subject to the provisions of Article III of this chapter.
D. 
Uses requiring a special use permit (subject to the special use permit regulations and procedures) are as follows:
Bulk storage of agricultural fertilizers
Bulk storage of fuel and petroleum products
Bulk storage of chemicals
Automobile wrecking operation
Animal sales lots
Automobile junkyards; other junkyards
Telecommunications towers and wireless facilities
Other uses which in the opinion of the Zoning Board of Appeals is similar in nature to the above listed uses
E. 
Other provisions and requirements.
(1) 
Residential uses shall be prohibited in this district.
(2) 
All industrial processes shall take place within an enclosed building. Incidental storage out of doors may be permitted, provided that such materials are shielded from view from public streets, adjacent off-street parking areas and adjacent nonindustrial districts by fencing, landscaping or other appropriate measures.
(3) 
All uses permitted in this district shall set aside not less than 20% of the lot to be devoted to seeding, planting, retention of tree cover, or other landscaping. This area shall be used for no other purpose.
(4) 
Each use in this district shall provide truck loading and unloading area in an amount sufficient to permit the transfer of goods and products in other than a public street, off-street parking area or front yard.
(5) 
Industrial structures shall be located so as to be a minimum of 100 feet from any nonindustrial district. This one-hundred-foot buffer strip shall be perpetually maintained so as to provide visual screening and separation between industrial and nonindustrial uses.
(6) 
Parking areas may be located in any of the required yard areas, provided they are not less than 50 feet from a right-of-way line or 20 feet from a property line.
(7) 
Planning Board site plan review of General Industrial District permitted and special uses, prior to issuance of a building permit or any change of use of the premises, is required.
F. 
Specifications.
(1) 
Setbacks:
(a) 
Front: 70 feet.
(b) 
Side: 50 feet.
(c) 
Rear: 50 feet.
(2) 
Height: 35 feet.
(3) 
Minimum lot size: three acres.