[Added 6-22-2004 by L.L. No. 19-2004]
The intent of the Residence A-80 (RA80) Zoning Use District
is to allow for low-density residential development and medium-density
residential development with transfer of development rights (TDR),
to allow for the preservation of appropriate agricultural parcels,
to ensure the preservation of the historic integrity and rural character
of the Sound Avenue corridor and to conserve wooded areas and other
natural features.
In the RA80 Zoning Use District, no building, structure or premises
shall be used or arranged or designed to be used, and no building
or structure shall be hereafter erected, reconstructed or altered,
unless otherwise provided in this chapter, except for the following
permitted uses or specially permitted uses and their customary accessory
uses:
A.
Permitted uses:
(1)
Agricultural production, including but not limited to the following:
(a)
Field crops, including corn, wheat, oats, rye, barley, hay,
potatoes, and dry beans.
(b)
Fruits, including apples, peaches, grapes, cherries and berries.
(c)
Vegetables, including tomatoes, snap beans, cabbage, carrots,
beets and onions.
(d)
Horticultural specialties, including nursery stock, ornamental
shrubs, ornamental trees and flowers.
(e)
Livestock and livestock products, including cattle, sheep, hogs,
goats, horses, poultry, farmed deer, farmed buffalo, fur-bearing animals,
milk, eggs and furs.
(f)
Christmas trees grown in a managed Christmas tree operation,
whether dug for transplanting or cut from the stump.
(g)
Commercial horse-boarding operations.
(2)
Licensed small animal and bird rehabilitation on a parcel a minimum
of 10 acres with lot coverage not to exceed 20% for this use.
[Added 8-1-2006 by L.L. No. 26-2006]
(3)
Dwelling, one-family.
(4)
Attached single-family dwelling units within a cluster development.
[Amended 7-19-2005 by L.L. No. 33-2005]
(5)
Riding academy, corral and training of horses, including but not
limited to private polo chukkers.
(6)
Greenhouse, provided that the subject parcel is a minimum of five
acres. A permanent greenhouse to be used for retail sales shall be
subject to site plan review and approval.
[Amended 9-6-2006 by L.L. No. 36-2006]
B.
Specially permitted uses, by special use permit of the Town Board:
(1)
Bed-and-breakfast.
(2)
Overhead electrical power transmission and distribution lines in
excess of 13 kilovolts.
(3)
Educational institution without boarding facilities or dormitories,
private.
(4)
Day-care facility conducted in a residence.
(5)
Golf course (standard), with or without clubhouse.
(6)
An accessory dwelling unit on a lot of 10 acres or more with a maximum
living area of 1,000 square feet, provided that the total number of
dwelling units yielded by the original subdivision creating such lot
is not exceeded.
(7)
Home occupations or professions conducted within an accessory building
by the residents thereof.
[Added 6-2-2010 by L.L. No. 13-2010]
C.
Accessory uses. Accessory uses shall include those uses customarily
incidental to any of the above permitted uses or specially permitted
uses when located on the same lot. Specifically permitted are the
following:
(1)
Home occupations or professions conducted within the dwelling by
the residents thereof.
[Amended 6-2-2010 by L.L. No. 13-2010]
(2)
The sale at retail of homegrown or homemade products, provided that all retail uses shall be subject to site plan approval pursuant to Article LVI, Site Plan Review, and the other provisions of this chapter. The farmer may sell supporting farm products and farm products not grown by the farmer, provided that the area devoted to the sale of said products at no time exceeds 40% of the total merchandising area.
A.
Location.
(1)
No accessory building or structure shall be erected, reconstructed
or altered so as to be situate as follows:
(a)
In a front yard.
(b)
In a side yard, unless the accessory building is 60 feet from
a side street line, 25 feet from a property line and 10 feet from
any other building.
(c)
In a rear yard, unless the accessory building is 20 feet from
a property line, 10 feet from any other building and 60 feet from
a side street line and rear street line.
(d)
One accessory building with a maximum floor area of 144 square feet or less, a maximum height of 12 feet or less, located in the rear yard, shall be excepted from the provisions of Subsection A(1)(c) and additionally shall not require a permit. It shall be permitted five feet from a property line, 10 feet from any other building and 60 feet from a side street line and rear street line.
[Amended 7-19-2011 by L.L. No. 21-2011]
(2)
Excepted from Subsection A(1)(a), (b) and (c) of this section are fences not exceeding four feet in height which may be erected on the lot lines of the front yard or any existing street line of a one-family dwelling, and fences not exceeding six feet in height which may be erected on other lot lines of a one-family dwelling. Fences on a corner lot must comply with § 301-245. On lots used for other than one-family dwellings, wire strand or open woven wire fences up to six feet in height may be erected on all lot lines. If such fence is erected along any street, the permitted height thereof shall be measured from the existing elevation of the center line of such street.
B.
Where an accessory building is constructed as a building subordinate
to the use of a park or playground, the building shall be erected,
reconstructed or altered in conformity to the requirements hereof
for a main building.
No dwelling shall be erected unless provisions shall be made
therein as follows:
A.
For a single-family dwelling, exclusive of attached garages, carports,
unenclosed porches and breezeways, there shall be provided not less
than 1,500 square feet of living area for the first story.
No buildings shall be erected nor any lot or land area utilized
unless in conformity with the Zoning Schedule[1] incorporated into this chapter by reference and made a
part hereof with the same force and effect as if such requirements
were herein set forth in full as specified in said schedule, except
as may be hereafter specifically modified.
[1]
Editor's Note: The Zoning Schedule is included as an attachment to this chapter.
[Amended 1-21-2009 by L.L. No. 2-2009]
A.
Purpose and intent. It is the purpose of this article to require
cluster development pursuant to § 278 of the Town Law in
order to allow for maximum flexibility in achieving a compatible arrangement
of agricultural and residential land uses and to protect prime agricultural
soils, scenic vistas, and significant natural features.
B.
In order to accomplish the clustering of residential lots within
the RA80 Zoning Use District, an applicant for subdivision shall provide
a standard yield plan and a cluster plat which succeeds in preserving
agricultural land for agricultural use to the greatest extent practicable.
In its review of a cluster subdivision plat, the Planning Board shall
consider the following:[1]
(1)
The location and extent of prime agricultural soils;
(2)
The location of wooded areas;
(3)
The location and extent of natural features;
(4)
The general topography and the location and extent of sloped areas;
(5)
The spatial relationship of the property to contiguous or neighboring
preserved agricultural land;
(6)
The general stormwater tributary area and the extent and direction
of overland drainage.
C.
Cluster development in this article shall require that a minimum
of 70% of Class I or Class II prime agricultural soils are preserved
through the creation of farm lots or preservation of 70% of land as
open space, recording of agricultural or open space easements which
restrict division of said lot(s), coverage and such other items as
the Planning Board deems appropriate to preserve the agriculture and
scenic vistas created by the farm lot or open space area.
D.
The Planning Board may approve a cluster subdivision with a reduced
percentage of preserved prime agricultural soils or open space based
upon unique characteristics of land such that public utilities, streets,
arrangement of lots or existence of natural features require development
with less than 70% preservation of prime agriculture soils or open
space. In the event that the Planning Board approves a cluster subdivision
that preserves less than 70% of prime agricultural soils or open space,
the Planning Board must set forth all considerations, practical difficulties,
and/or reasons supporting a decision to approve the cluster plat within
the resolution approving the preliminary plat. In no event may the
Planning Board approve a cluster subdivision plat with less than 50%
of the area of the tract being preserved as prime soils or open spaces
area.
[Amended 1-21-2009 by L.L. No. 2-2009]
The Planning Board shall apply the following guidelines in addition to Article LIII, Subdivision Regulations, and Article LIV, Cluster Development, of this chapter, for all cluster subdivisions:
A.
The cluster subdivision plat shall be designated so as to situate
the agricultural lots or open space along an existing highway or roadway
or adjacent to existing agricultural lots or preserved land or such
other location such that maximum preservation of agricultural and
scenic vistas are achieved.
B.
The agricultural lot shall be laid out so as to provide for one building
area, and said building area shall be counted towards yield. The Planning
Board shall describe the square footage of the building area, and
the Planning Board may, in its discretion, require that the building
area be plotted on the subdivision map. The Planning Board shall require
covenants and restrictions to enforce dimensional requirements, lot
coverage, impervious surface limits, retention or plan for all stormwater
runoff for both the residential and agricultural components of the
subject property as set forth in the Town Code, and such other items
the Planning Board deems appropriate to conform with the intent of
the cluster regulations, including, but not limited to, location and
limitation of parking, outdoor storage, clearing limits, and means
of ingress and egress. The Planning Board shall require covenants
and restrictions to be filed affecting the aforestated prior to issuance
of final plat approval.
C.
The agricultural lot must be laid out so as to provide a minimum
lot size of 10 acres. An agricultural lot with a lot size greater
than 20 acres shall only be divided if required to ensure appropriate
arrangement of lots, streets and public utilities or preserve or highlight
existence of natural features. An agricultural lot shall prohibit
erection, construction, or placement of any structures, permanent
or temporary, without prior approval of the Planning Board.
D.
Within the RA80 Zoning Use District, no more than 53% of wooded areas
existing upon a tract shall be cleared.
E.
The Planning Board shall not cluster lots in order to create golf
courses, playgrounds, tennis courts, swimming pools or any other amenity
as required open space. The sole purpose of the cluster plat is to
preserve agricultural land for agricultural use and other natural
features and open space to the greatest extent practicable.[1]
With the exception of lots improved prior to the enactment of zoning within the Town of Riverhead, a lot held in single and separate ownership and having legal improvements upon it at the effective date of this article shall not be considered nonconforming pursuant to § 301-222 as to lot area and setback requirements. Such improved properties shall be entitled to maintain the existing lot areas and setbacks that were required at the time the structures were issued certificates of occupancy. To preclude an unintended merger of nonconforming lots due to the zoning changes adopted herein, a twelve-month grace period commencing with the effective date of this article shall be imposed to provide those whose lots would merge by operation of law the opportunity to checkerboard the ownership of their lots to preclude the merger.[1]
