For the purposes of this chapter, the Town of Verona is divided
into the following zoning districts:
RD
|
Rural Development
|
RR
|
Rural Residential
|
R
|
Residential
|
CNS
|
Commercial Neighborhood Service
|
HCR
|
Hamlet Commercial and Residential
|
PC
|
Planned Commercial
|
HC&I
|
Heavy Commercial/Industrial
|
PUD
|
Planned Unit Development
|
An overlay district is a form of zone district which imposes additional regulations for specific purposes, such as historic preservation, flooding, parking or other concerns and may be established at the discretion of the Town Board pursuant to § 262-41A of this chapter. Overlay districts establish controls that are superimposed upon, and in addition to, the district regulations affecting land use and structures.
The location and boundaries of each zoning district are shown
on the map entitled "Town of Verona Zoning Map," dated August 1, 2011,
and as certified by the Town Clerk, which is on file in Town Hall
and is hereby declared to be a part of this chapter.
When uncertainty exists with respect to the boundaries of any
district as shown on the Zoning Map, the following rules shall apply:
A.
Boundaries indicated as approximately following the center lines
of streets shall be construed to follow such center lines.
B.
Boundaries indicated as approximately following mapped lot lines
shall be construed as following such lot lines.
C.
Boundaries indicated as following shorelines of streams and lakes
shall be construed to follow such shorelines and, in the event of
change in the shoreline, shall be construed as moving with the actual
shoreline.
D.
Boundaries indicated as approximately following the corporate boundaries
of the Town of Verona shall be construed as following such corporate
boundaries.
F.
Where a district boundary line divides a lot existing at the time of adoption of this chapter, the regulations of § 262-13 shall apply.
G.
The Code Enforcement Officer shall determine the location of zone
district boundaries. Any challenge of that Officer's determination
may be brought by any resident to the Zoning Board of Appeals pursuant
to § 262-40B(1).
Where a district boundary line divides a lot existing at the time of adoption of this chapter, the uses and requirements of the less restricted portion of such lot may not extend more than 30 feet into the more restricted portion, provided that the lot has frontage on a street in the less restricted district. Development of the more restricted portion beyond 30 feet shall require issuance of a special permit by the Zoning Board of Appeals pursuant to § 262-33.
A.
Unless otherwise specified, all accessory uses and structures shall
be subject to the same review process as the principal use for which
it is incidental.
B.
Unless otherwise specified, all accessory uses and structures shall
conform to the lot and structure dimensional standards applicable
to the principal use or structure.
C.
No accessory use or structure shall occupy a lot without a principal
use present on the same lot.
D.
Mechanical equipment, decorations, treatments, antennas, chimneys
and similar appurtenances may not require site plan or special permit
review if they are less than 10 square feet in area, attached to the
principal structure and are found by the Code Enforcement Officer
to be consistent with the conditions, if any, of Board approval.
A.
The purpose of this district is to foster and maintain the economic
viability of agricultural uses and to minimize impacts upon sensitive
environmental and natural resources in major rural portions of the
Town. Limited residential and nonagricultural development will be
accommodated in a manner that is least disruptive to agriculture and
the environment.
[Amended 3-4-2019 by L.L. No. 2-2019; 2-1-2021 by L.L. No. 3-2021]
Procedure
|
Dimensional Group
|
Land Use
| |
---|---|---|---|
Use by Right
|
Agriculture
|
Agricultural district
| |
Farm
| |||
Farm as hobby (hobby farm)
| |||
Residential
|
Dwelling, one-family
| ||
Site Plan Review
|
Agriculture
|
Stable, private
| |
Nonresidential
|
Cemetery
| ||
Agriculture
|
Agricultural processing facility
| ||
Farm stand
| |||
Game farm
| |||
Greenhouse, accessory
| |||
Greenhouse, commercial
| |||
Nursery, commercial
| |||
Rural business use
| |||
Rural service use
| |||
Stable, public
| |||
Stable, private
| |||
Special Permit
|
Nonresidential
|
Campground
| |
Contractor and trucking service use
| |||
Emergency vehicle station
| |||
Garage, storage
| |||
Kennel
| |||
Outdoor and indoor recreation (participant)
| |||
Outdoor and indoor recreation (spectator)
| |||
Private club
| |||
Utility substation
| |||
Veterinarian
| |||
Residential
|
Accessory apartment dwelling
| ||
Bed-and-breakfast residence
| |||
Home occupation
| |||
Kennel, accessory
| |||
Supervisor/staff residence
| |||
Temporary residence
| |||
Two-family dwelling
| |||
Multifamily dwelling
| |||
Use and dimensions subject to review by Town Board
|
Airstrips, private
|
B.
RD Zone District lot and structure dimensional requirements.
Dimensional Groups
| ||||||
---|---|---|---|---|---|---|
Residential
|
Nonresidential
|
Agricultural
| ||||
Lot
| ||||||
Area, minimum
| ||||||
Generally
|
80,000 square feet
|
5 acres
|
10 acres
| |||
Farm as hobby
|
5 acres
| |||||
Width, minimum
| ||||||
Generally (feet)
|
125
|
125
|
500
| |||
Farm as hobby (feet)
|
125
| |||||
Coverage, maximum
| ||||||
Generally
|
20%
|
20%
|
10%
| |||
Farm as hobby
|
20%
| |||||
Principal structure; detached and attached accessory structures
| ||||||
Front yard, minimum (feet)
|
50
|
50
|
50
| |||
Side yard, minimum
| ||||||
One side (feet)
|
25 (including farm as hobby)
|
25
|
50
| |||
Total both sides (feet)
|
50 (including farm as hobby)
|
50
|
100
| |||
Rear yard, minimum (feet)
|
30
|
30
|
50
| |||
Maximum height (feet)
|
35
|
35
|
50
| |||
Accessory structures: detached, less than 144 square feet
| ||||||
Front yard, minimum
|
Existing principal structure front line
| |||||
Side yard setback (feet)
|
5
|
5
|
Equal to height
| |||
Rear yard setback (feet)
|
5
|
5
|
Equal to height
| |||
Maximum height (feet)
|
15
|
15
|
25
| |||
Required information
| ||||||
Must comply with § 262-35, Common review procedures and submission requirements.
|
A.
The purpose of this district is to allow for residential and appropriate
nonresidential development in selected portions of the Town that are
unsewered but may have existing or planned public water service. The
district maintains low impacts to environmental and natural resources
by primarily requiring individual lot and on-site improvements. Agricultural
uses will be limited and minimally accommodated to ensure compatibility
with residential development.
Procedure
|
Dimensional Group
|
Land Use
| |
---|---|---|---|
Use by Right
|
Agriculture
|
Agricultural district
| |
Residential
|
Dwelling, one-family
| ||
Site Plan Review
|
Agriculture
|
Farm
| |
Farm as hobby (hobby farm)
| |||
Nonresidential
|
Cemetery
| ||
Special Permit
|
Agriculture
|
Accessory farm dwelling
| |
Farm stand
| |||
Greenhouse, accessory
| |||
Greenhouse, commercial
| |||
Nursery, commercial
| |||
Rural service use
| |||
Stable, private
| |||
Stable, public
| |||
Nonresidential
|
Day-care center
| ||
Emergency vehicle station
| |||
Kennel
| |||
Library
| |||
Outdoor recreation (participant)
| |||
Private club
| |||
Religious institution
| |||
School
| |||
Utility substation
| |||
Veterinarian
| |||
Residential
|
Bed-and-breakfast residence
| ||
Home occupation
| |||
Supervisor/staff residence
| |||
Temporary residence
| |||
Two-family dwelling
| |||
Use and dimensions subject to review by Town Board.
|
Airstrips, private
|
B.
RR Zone District lot and structure dimensional requirements.
Dimensional Groups
| ||||||
---|---|---|---|---|---|---|
Residential
|
Nonresidential
|
Agricultural
| ||||
Lot
| ||||||
Area, minimum
| ||||||
Generally (square feet)
|
40,000
|
80,000
|
10 acres
| |||
Farm as hobby
|
5 acres
| |||||
Width, minimum
| ||||||
Generally (feet)
|
125
|
125
|
500
| |||
Farm as hobby (feet)
|
125
| |||||
Coverage, maximum
| ||||||
Generally
|
20%
|
20%
|
10%
| |||
Farm as hobby
|
20%
| |||||
Principal structure: detached and attached accessory structures
| ||||||
Front yard, minimum (feet)
|
50
|
50
|
50
| |||
Side yard, minimum
| ||||||
One side (feet)
|
25 (including farm as hobby)
|
25
|
50
| |||
Total both sides (feet)
|
50 (including farm as hobby)
|
50
|
100
| |||
Rear yard, minimum (feet)
|
30
|
30
|
50
| |||
Maximum height (feet)
|
35
|
35
|
50
| |||
Accessory structures: detached, less than 144 square feet
| ||||||
Front yard, minimum
|
Existing principal structure front line
| |||||
Side yard setback (feet)
|
5
|
5
|
Equal to height
| |||
Rear yard setback (feet)
|
5
|
5
|
Equal to height
| |||
Maximum height (feet)
|
15
|
15
|
25
| |||
Required information
| ||||||
Must comply with § 262-35, Common review procedure and submission requirements
|
A.
This district is to foster and maintain moderate-density single-family
residential development in portions of the Town that afford the full
provision of public water and sewer facilities. Compatible nonresidential
development supportive of a single-family residential environment
will be accommodated. Environmental protections will be achieved through
a combination of private and community facilities.
Procedure
|
Dimensional Group
|
Land use
| |
---|---|---|---|
Use by Right
|
Agriculture
|
Agricultural district
| |
Residential
|
Dwelling, one-family
| ||
Dwelling, two-family
| |||
Site Plan Review
|
Nonresidential
|
Cemetery
| |
Community center
| |||
Day-care center
| |||
Emergency vehicle station
| |||
Library
| |||
Nursing or convalescent home
| |||
Private club
| |||
Religious institution
| |||
School
| |||
Utility substation
| |||
Special Permit
| |||
Nonresidential
| |||
Bed-and-breakfast residence
| |||
Home occupation
| |||
Outdoor recreation (participant)
| |||
Supervisor/staff residence
| |||
Temporary residence
| |||
Dwelling, multifamily
|
B.
R Zone District lot and structure dimensional requirements.[1]
Dimensional Groups
| ||||||
---|---|---|---|---|---|---|
Residential
|
Nonresidential
| |||||
One-Family
|
Two- or Multifamily
|
All Other Uses
| ||||
Lot
| ||||||
Area, minimum (square feet)
|
20,000
|
40,000
|
40,000
| |||
Width, minimum (feet)
|
100
|
125
|
125
| |||
Coverage, maximum
|
20%
|
20%
|
20%
| |||
Principal structure; detached and attached accessory structures
| ||||||
Front yard, minimum (feet)
|
40
|
50
|
50
| |||
Side yard, minimum
| ||||||
One side (feet)
|
15
|
25
|
25
| |||
Total both sides (feet)
|
25
|
50
|
50
| |||
Rear yard, minimum (feet)
|
30
|
30
|
30
| |||
Maximum height (feet)
|
35
|
35
|
35
| |||
Accessory structures: detached, less than 144 square feet
| ||||||
Front yard, minimum
|
Existing principal structure front line
| |||||
Side yard setback (feet)
|
5
|
5
|
5
| |||
Rear yard setback (feet)
|
5
|
5
|
5
| |||
Maximum height (feet)
|
15
|
15
|
15
| |||
Required information
| ||||||
Must comply with § 262-35, Common review procedures and submission requirements
|
A.
This district is to complement the more restrictive character of
surrounding rural or residential zone districts by allowing small-scale
commercial and nonresidential development in very limited portions
of the Town. The potential locations will generally be at intersections
of significant roads and may be partially or fully served with public
water and sewer facilities. Environmental protection is achieved by
minimizing the extent of the area for the district and with strong
Town review requirements of individual site developments.
[Amended 10-7-2013 by L.L. No. 2-2013; 2-1-2021 by L.L. No. 3-2021]
Procedure
|
Dimensional Group
|
Land Use
| |
---|---|---|---|
Use by Right
|
Agriculture
|
Agricultural district
| |
Residential
|
Dwelling, one-family
| ||
Site Plan Review
|
Commercial
|
Bank
| |
Funeral home
| |||
Garage, storage
| |||
Gasoline station/convenience store
| |||
Motel containing no more than 30 units, no taller than two stories
| |||
Motor vehicle sales and service
| |||
Office
| |||
Personal service use
| |||
Restaurant/bar
| |||
Retail use
| |||
Nonresidential
|
Cemetery
| ||
Community center
| |||
Day-care center
| |||
Emergency vehicle station
| |||
Indoor recreation, participant
| |||
Library
| |||
Marina
| |||
Medical care facility
| |||
Outdoor recreation, participant
| |||
Private club
| |||
Religious institution
| |||
School
| |||
Utility substation
| |||
Veterinarian
| |||
Parking area
| |||
Special Permit
|
Residential
|
Apartment
| |
Bed-and-breakfast residence
| |||
Dwelling, converted to commercial
| |||
Dwelling, multifamily
| |||
Dwelling, over commercial
| |||
Dwelling, two-family
| |||
Home occupation
| |||
Supervisor/staff residence and multiuse residential/commercial
| |||
Nonresidential
|
Campground
|
B.
CNS Zone District lot and structure dimensional requirements.
Dimensional Groups
| ||||||
---|---|---|---|---|---|---|
Residential and Nonresidential Without Water or Sewer
|
Residential and Nonresidential With Water or Sewer
|
Commercial
| ||||
Lot
| ||||||
Area, minimum (square feet)
|
40,000
|
20,000
|
20,000
| |||
Width, minimum (feet)
|
125
|
100
|
100
| |||
Coverage, maximum
|
30%
|
50%
|
30%
| |||
Principal structure; detached and attached accessory structures
| ||||||
Front yard, minimum (feet)
|
50
|
40
|
40
| |||
Side yard, minimum
| ||||||
One side (feet)
|
25
|
15
|
15
| |||
Total both sides (feet)
|
50
|
30
|
30
| |||
Rear yard, minimum (feet)
|
30
|
30
|
30
| |||
Maximum height (feet)
|
35
|
35
|
35
| |||
Maximum residential density (apartment, mixed use) [square feet
per unit]
|
6,000
|
6,000
| ||||
Maximum size, main floor (square feet)
|
4,000
|
4,000
| ||||
Accessory structures: detached, less than 144 square feet
| ||||||
Front yard, minimum
|
Existing principal structure front line
| |||||
Side yard setback (feet)
|
5
| |||||
Rear yard setback (feet)
|
5
| |||||
Maximum height (feet)
|
15
| |||||
Required information
| ||||||
Must comply with § 262-35, Common review procedures and submission requirements.
|
A.
This district is intended to encourage and maintain the development
and growth of primarily existing community centers within Town by
allowing a mixture of residential, nonresidential and commercial land
uses in a physical setting that promotes pedestrian movement. Site
development and environmental protection shall be designed to utilize
and enhance the provision of a full range of community services, such
as public water, sewer, and/or drainage facilities.
[Amended 2-1-2021 by L.L. No. 3-2021]
Procedure
|
Dimensional Group
|
Land Use
| |
---|---|---|---|
Use by Right
|
Agriculture
|
Agricultural district
| |
Residential
|
Dwelling, one-family
| ||
Site Plan Review
|
Commercial
|
Bank
| |
Funeral home
| |||
Office
| |||
Personal service use
| |||
Restaurant/bar
| |||
Retail use/shopping center
| |||
Residential
|
Apartment
| ||
Bed-and-breakfast residence
| |||
Dwelling, multifamily
| |||
Dwelling, two-family
| |||
Home occupation
| |||
Supervisor/staff residence/multiuse building
| |||
Nonresidential
|
Community center
| ||
Day-care center
| |||
Library
| |||
Nursing or convalescent home
| |||
Private club
| |||
Religious institution
| |||
School
| |||
Special permit
|
Commercial
|
Car wash
| |
Drive-in service
| |||
Gasoline station/convenience store
| |||
Hotel
| |||
Motel
| |||
Motor vehicle sales and service
| |||
Outdoor sales, service and storage
| |||
Nonresidential
|
Campground
| ||
Cemetery
| |||
Emergency vehicle station
| |||
Hospital
| |||
Indoor recreation, participant
| |||
Indoor recreation, spectator
| |||
Marina
| |||
Medical care facility
| |||
Outdoor recreation, spectator
| |||
Parking area
| |||
Utility substation
| |||
Veterinarian
| |||
Residential
|
Apartment complex
| ||
Dwelling, converted to commercial
| |||
Dwelling, over commercial
| |||
Temporary residence
|
B.
HCR Zone District lot and structure dimensional requirements.
Dimensional Groups
| |||||
---|---|---|---|---|---|
Commercial/ Residential With Water or Sewer
|
Commercial/ Residential Without Water or Sewer
| ||||
Lot
| |||||
Area, minimum (square feet)
|
10,000
|
20,000
| |||
Width, minimum (feet)
|
60
|
100
| |||
Coverage, maximum
|
40%
|
30%
| |||
Principal structure; detached and attached accessory structures
| |||||
Front yard, minimum (feet)
|
15
|
15
| |||
Side yard, minimum
| |||||
One side (feet)
|
10
|
15
| |||
Total both sides (feet)
|
20
|
30
| |||
Rear yard, minimum (feet)
|
30
|
30
| |||
Maximum height (feet)
|
35
|
35
| |||
Maximum residential density (multifamily, apartment, mixed use)
(square feet per unit)
|
6,000
|
6,000
| |||
Maximum size, main floor (square feet)
|
4,000
|
4,000
| |||
Accessory structures, detached, less than 144 square feet
| |||||
Front yard, minimum
|
Existing principal structure front line
| ||||
Side yard setback (feet)
|
5
| ||||
Rear yard setback (feet)
|
5
| ||||
Maximum height (feet)
|
15
| ||||
Required information
| |||||
Must comply with § 262-35, Common review procedures and submission requirements.
| |||||
Fences
| |||||
Must comply with § 262-28, Fences.
|
A.
This district is intended to promote a variety of medium- to large-scale
commercial uses developed in planned and well-designed arrangements
of lots, buildings and site improvements. Enhanced safety and use
of public facilities is to be accomplished through site design emphasizing
shared use of site components such as vehicular access and parking,
signs and public facilities. This district is intended to be applied
to selected areas of the Town that afford excellent vehicular access
to major highways and a full range of public infrastructure services.
Site development and environmental protections shall be designed to
enhance the appropriate use and any planned improvements of public
services such as public water, sewer, and/or drainage facilities and
highways.
[Amended 2-1-2021 by L.L. No. 3-2021]
Procedure
|
Dimensional Group
|
Land Use
| |
---|---|---|---|
Use by Right
|
Agriculture
|
Agricultural district
| |
Special Permit
|
Commercial
|
Bank
| |
Funeral home
| |||
Hotel
| |||
Motel
| |||
Office
| |||
Personal service use
| |||
Restaurant/bar
| |||
Retail use
| |||
Nonresidential
|
Campground
| ||
Community center
| |||
Day-care center
| |||
Hospital
| |||
Indoor recreation (participant)
| |||
Indoor recreation (spectator)
| |||
Library
| |||
Medical care facility
| |||
Parking area
| |||
Religious institution
| |||
School
| |||
Veterinarian
| |||
Special permit
|
Commercial
|
Car wash
| |
Drive-in service
| |||
Gasoline station/convenience store
| |||
Motor vehicle sales and service
| |||
Shopping center
| |||
Outdoor sales, service and storage
| |||
Nonresidential
|
Emergency vehicle station
| ||
Outdoor recreation (spectator)
| |||
Utility substation
| |||
Airstrips, private
| |||
Residential
|
Dwelling, converted to commercial
| ||
Dwelling, over commercial
| |||
Multiuse, residential/commercial
|
B.
PC Zone District lot and structure dimensional requirements.
Dimensional Groups
All Allowed Uses
| ||||
---|---|---|---|---|
Lot
| ||||
Area, minimum (acres)
|
1.5
| |||
Width, minimum (feet)
|
150
| |||
Depth, minimum
| ||||
Coverage, maximum
|
30%
| |||
Principal structure and attached accessory structures
| ||||
Front yard, minimum (feet)
|
75
| |||
Side yard, minimum
| ||||
One side (feet)
|
25
| |||
Total both sides (feet)
|
50
| |||
Rear yard, minimum (feet)
|
30
| |||
Maximum height (feet)
|
35
| |||
Accessory structures, detached, greater than 64 square feet
| ||||
Front yard, minimum
|
Existing principal structure front line
| |||
Side yard setback (feet)
|
5
| |||
Rear yard setback (feet)
|
5
| |||
Maximum height (feet)
|
10
|
A.
This district is to accommodate generally nonretail commercial and
industrial uses in limited portions of the Town and which minimize
potential conflicts with residential areas. This district is intended
for areas affording good highway access for truck traffic and with
existing or planned availability of public water and sewer services.
Site development and environmental protections shall be designed to
enhance the appropriate and continued use or planned extensions of
public services such as public water, sewer, and/or drainage facilities
and highways.
Procedure
|
Dimensional Group
|
Land Use
| |
---|---|---|---|
Use by Right
|
Agriculture
|
Agricultural district
| |
Special Permit
|
Agriculture
|
Agricultural processing facility
| |
Greenhouse, commercial
| |||
Rural business use
| |||
Commercial
|
Bank
| ||
Car wash
| |||
Hotel
| |||
Motel
| |||
Motor vehicle sales and service
| |||
Office
| |||
Outdoor sales, service and storage
| |||
Trucking terminal
| |||
Warehouse
| |||
Wholesale use
| |||
Nonresidential
|
Garage, storage
| ||
Hospital
| |||
Indoor recreation (spectator)
| |||
Medical care facility
| |||
Outdoor recreation, spectator
| |||
Commercial
|
Bulk storage
| ||
Gasoline station/convenience store
| |||
Industrial or manufacturing use
| |||
Nonresidential
|
Emergency vehicle station
| ||
Utility substation
| |||
Airstrips, private
| |||
Residential
|
Multiuse, residential/commercial
|
B.
HC and I Zone District lot and structure dimensional requirements.
Dimensional Groups
All Allowed Uses
| ||||
---|---|---|---|---|
Lot
| ||||
Area, minimum (acres)
|
2
| |||
Width, minimum (feet)
|
200
| |||
Depth, minimum (feet)
| ||||
Coverage, maximum
|
50%
| |||
Principal structure; detached and attached accessory structures
| ||||
Front yard, minimum (feet)
|
75
| |||
Side yard, minimum
| ||||
One side (feet)
|
25
| |||
Total both sides (feet)
|
50
| |||
Rear yard minimum (feet)
|
30
| |||
Maximum height (feet)
|
35
| |||
Accessory structures, detached, less than 144 square feet
| ||||
Front yard, minimum
|
Existing principal structure front line
| |||
Side yard setback (feet)
|
5
| |||
Rear yard setback (feet)
|
5
| |||
Maximum height (feet)
|
15
| |||
Required information
| ||||
Must comply with § 262-35, Common review procedures and submission requirements.
|
This district allows for a variety of land uses and a flexible
arrangement of lots, structures and land uses in a well-planned and
coordinated design. The flexibility of land uses and lots is achieved
by the Town continuously participating in and approving stages of
project planning and development. Any combination of land uses already
permitted within the Town may be proposed for development on sites
under this district. This district is also intended to accommodate
for land uses or scales of developments that may be unique or require
fuller consideration by the Town. This district may be applied anywhere
in the Town, provided that the project scale and design is found to
be compatible and coordinated with the environmental constraints and
the existing and/or planned availability of public water, sewer and
drainage facilities.
A.
General provisions.
(1)
Uses permitted.
Procedure
|
Dimensional Group
|
Land Use
| |
---|---|---|---|
Site Plan Review
|
All groups
|
All uses permitted in conventional zone districts
| |
Additional uses: See § 262-22E(2)(b), Preassigned land uses.
|
B.
Procedure overview.
(1)
The classification of any property within the Planned Unit Development
(PUD) District requires the undertaking of a two-step process involving
the approval of both the Town Board and the Planning Board.
(2)
In the first step, the Town Board in its legislative capacity, establishes
the boundaries of the proposed PUD District and sets the limits on
the nature and range of uses, geometric and site controls and overall
project planning. The Town Board's action is in response to the applicant's
submission of a general outline that sets forth the contemplated development
for the proposed PUD District.
(3)
The Planning Board is delegated by the Town Board to be responsible
in the second step for ensuring that the general outline approved
by the Town Board is properly implemented. The Planning Board achieves
compliance by reviewing and approving the project plan submitted by
the applicant. The project plan is the detailed narrative and graphic
documentation for the development of the entire PUD District.
C.
PUD District establishment by the Town Board.
(1)
Establishing a PUD. All Planned Unit Development (PUD) Districts
shall be established by the Town Board in accordance with the procedures
set forth herein.
(2)
Procedure. Establishment of a Planned Unit Development District is
a change to the Zoning Map and shall be made by the Town Board, pursuant
to the requirements of New York State Town Law governing the formation
and modifications of zone districts and the following additional requirements:
(a)
Receipt and referral. Upon receipt of a Planned Unit Development
District proposal, the Town Board shall refer the PUD District submission
documents to the Planning Board for its advisory opinion on the establishment
of the PUD District. The Planning Board shall respond to the Town
Board with a written report of its findings and recommendations within
a time period established by the Town Board, to be not less than 30
days and not more than 90 days unless modified by mutual agreement
of the Town Board and Planning Board.
(b)
SEQR. The Town Board is the lead agency for purposes of the
New York State Environmental Quality Review Act and shall determine
the environmental significance of the proposed PUD District pursuant
to SEQR and make the appropriate notification or referrals to the
applicable municipalities or other levels of government.
(c)
Review and discussion. Prior to any public hearing, the Town
Board may meet informally with the applicant, the Planning Board or
other interested parties to discuss the PUD District proposal.
(d)
Public hearing. The Town Board shall hold a public hearing,
after which and upon the consideration of the recommendations by the
Planning Board and other agencies, it may vote upon the establishment
of a Planned Unit Development District.
(e)
Adoption. The Town Board shall, in its resolution adopting the
PUD zone change, transfer the PUD District to the review authority
of the Planning Board for project plan approval and shall instruct
the Planning Board of the specific uses, minimum area and geometric
controls to be maintained in the PUD District or in designated subareas
and may stipulate project phasing and a timetable of Planning Board
review. The resolution shall include a copy of the approved schematic
plan of the proposed PUD District.
(3)
Basis of PUD approval. The Town Board shall find that approval of
a PUD is reasonable and appropriate in furthering the overall land
development policies and goals of the Town. In making this determination,
the Town Board shall consider how the proposed PUD conforms to the
Town of Verona 1996 Comprehensive Land Use Plan, applicable infrastructure
plans and policies, applicable environmental policies and programs
and responds to new conditions or issues not previously addressed
by the Town of Verona.
(4)
Submission documents for district establishment. In order to obtain
the approval of the Town Board for the establishment of a Planned
Unit Development District, the following shall be submitted:
(a)
Narrative. Written narrative outlining the applicant's overall
concept for the proposed Planned Unit Development District, including,
but not limited to, the following: an explanation of how the proposed
PUD conforms to the Town Plan, the range and mix of land uses, development
density, building types, impact upon existing and provision for public
facilities, points of access, parking, open space/recreation areas,
and project financing and phasing.
(b)
Plan. Schematic plan of the entire site, drawn to a scale, that
reasonably and graphically depicts the land use, development patterns,
density and improvements addressed in the applicant's narrative statement.
(c)
SEQR. Appropriate environmental assessment forms, as determined
by the Town, in accordance with the New York State Environmental Quality
Review Act (SEQR). A draft environmental impact statement may be required.
(d)
Survey. Survey(s) of the property or properties proposed for
inclusion in the PUD District.
(5)
Phased development.
(a)
PUD subareas. The Town Board may identify portions of a PUD
District as discrete geographic subareas of the project. Such designated
subareas may have land uses or standards different from the balance
of the PUD District, provided that such designated subareas are fully
integrated in the overall development for the entire PUD District.
(b)
Project staging. The Town Board may establish the sequence in
which development of a PUD District shall proceed by specifying the
order in which subareas, sections or phases of a PUD are to be developed.
If not specified by the Town Board, the Planning Board may establish
a sequence of project staging during project plan review.
D.
Project plan approval by the Planning Board.
(1)
Finalization of the PUD.
(a)
The PUD District regulations are effective on a specific site,
and the Zoning Map is amended, upon adoption of an approval resolution
by the Town Board. However, no permits or other approvals may be issued
until the Planning Board has approved a project plan.
(b)
Failure to obtain project plan approval within the required
time limits shall cause the original authorization of the Town Board
to lapse, and the Planning Board shall refer the property or properties
to the Town Board for a zone change back to the original zone district.
(c)
The project plan is a detailed narrative and graphic documentation
for the development of the entire land area or of designated subareas
within the PUD District and, unless otherwise specified, shall be
acted upon by the Planning Board within 180 days of the approval date
of the PUD District by the Town Board.
(d)
The Planning Board shall evaluate and approve the project plan
in accordance with the resolution of the Town Board authorizing establishment
of the PUD District, applicable site plan review standards, the Town
Subdivision Regulations,[1] and all applicable codes and standards of Oneida County
and New York State.
(e)
Unless specified by the Town Board, the Planning Board shall
review and approve a schedule and order of development within the
PUD.
(2)
Planning Board responsibilities.
(a)
The Planning Board may not specifically prohibit nor permit
uses or structures not similarly authorized by the Town Board.
(b)
The Planning Board shall ensure compliance of the project plan
with the minimum area and geometric controls specified in this section
unless modified by the Town Board and with the Town Board resolution
establishing the PUD District.
(c)
The Planning Board may simultaneously review and approve any
proposed subdivision within the PUD.
(3)
Submission documents for project plan approval.
(a)
Project plan submissions. Project plans must include maps, drawings
and other materials that show:
[1]
Site plans for all construction for which building permits are
being sought and all adjoining or adjacent structures.
[2]
Landscaping plans showing all open space, plazas, malls, courts,
and pedestrianways within or immediately surrounding the proposed
construction.
[3]
Grading plans showing existing and proposed topographic contours
within and surrounding the proposed construction.
[4]
Improvement plans showing existing and proposed drainage, water
and sewer facilities, and easements if any within or affected by the
proposed development.
[5]
Vehicular and pedestrian circulation plans showing proposed
streets, points of access, sidewalks and off-street parking and loading
to serve any proposed building or facilities.
[6]
General floor plans and building elevations of proposed structures.
[7]
Other items as determined by the Planning Board, such as lighting,
snow storage and signage.
[8]
Construction schedule, sequence of development and project financing.
(b)
Supporting and explanatory material. The Planning Board may
require the submission of additional material to explain and justify
the project plan, which could include, but is not limited to, the
following:
[1]
Information necessary to assure compatibility of the proposed
project with adjoining existing uses and to Town planning objectives.
[2]
An explanation of the manner in which all requirements of the
overall project plan and of other applicable regulations are to be
met and in which adequate access for emergency vehicles and fire protection
is to be maintained.
(4)
SEQR compliance for project plan review. The project plan approval
is a Planning Board action that completes the formation of a PUD District.
However, since the project plan includes substantially more detail
and information, the Planning Board action is distinct and separate
from the Town Board's initial establishment of the PUD District. Therefore,
project plan review shall be conducted in accordance with the applicable
procedures and requirements of New York State Town Law. Additional
and/or separate environmental analysis of each project phase may be
necessary to supplement the initial SEQR determination and findings
made by the Town Board for the establishment of the district.
E.
PUD performance standards.
(1)
Unless
the Town Board establishes other controls or standards at the inception
of the district, the following shall apply uniformly to the entire
PUD District or to designated portions.
(2)
Land uses permitted.
(a)
Generally. The Town Board shall specify the uses permitted within the Planned Unit Development District when such district is initially established and may identify specific uses for lots or subareas within the PUD District. Where residential uses are permitted, the Town Board may establish the unit densities. If the Board chooses not to establish densities, then the provisions of Subsection E(4) shall apply.
(b)
Preassigned land uses. The PUD shall also be used to address
uses which, due to their size or character, have potentially significant
impacts and require maximum review of location, scale and design.
The following uses shall be permitted only in the PUD District upon
approval of the Town Board. The following additional uses are permitted
only in the PUD and subject to site plan review after a PUD is established.[2]
Commercial
|
Excavation/mining use
| |
Meat processor
| ||
Industrial
|
Airstrip, public
| |
Junkyard
| ||
Residential
|
Manufactured home park
| |
Manufactured home, single-wide
|
(3)
Minimum area.
(a)
Minimum area. No PUD District shall have a gross land area of
less than 25 acres, exclusive of existing public rights-of-way. A
PUD intended to include commercial or industrial uses shall have a
minimum gross area of 50 acres.
(b)
Adding area. Once established, a PUD District may be enlarged
to include other contiguous areas regardless of their size. Such areas,
if separated by a public right-of-way, may be considered contiguous
if, in the opinion of the Town Board, the continuity of the original
PUD District is maintained or enhanced.
(4)
Dimensional controls. The following controls shall apply unless specifically
modified by the Town Board during the initial establishment of the
PUD:
(a)
Distance between buildings on one lot.
[1]
Residential: front, rear and side yards for residential uses
shall be designed so that a building is no closer than 20 feet to
any other residential building and 50 feet to any nonresidential building.
[2]
Nonresidential: front, rear and side yards for nonresidential
uses shall be designed so that a building is no closer than 30 feet
to any other nonresidential building and 50 feet to any residential
building.
[3]
For purposes of interpretation, a structure which contains both residential and nonresidential uses shall comply with the requirements of Subsection E(4)(a)[2] above.
[4]
Accessory structures: shall be no closer than 10 feet to the
principal structure with which they are associated and no closer than
20 feet to any other principal structure, and five feet to any other
accessory structure.
(b)
Distance from lot lines. The minimum distance between any point
on a principal building and the lot line shall not be less 10 feet.
(c)
Density of development. Unless the Town Board has established a minimum density pursuant to Subsection E(2)(a) above then all residential development shall provide an average density of 5,000 square feet per dwelling unit. Commercial and industrial uses shall maintain an average minimum density of 20,000 square feet per each building.
(d)
Lot coverage. Maximum lot coverage for all development within
a PUD District shall not exceed 35% of the gross land area.
(e)
Height. The maximum height of all principal structures shall
not exceed 35 feet for residential buildings and 40 feet for commercial
or industrial buildings and accessory structures shall not exceed
15 feet.
(f)
Parking/loading. The parking and loading provisions of this
zoning chapter shall apply to PUD Districts unless modified by the
Town Board. Shared parking and storage may be included in the calculation
of overall parking compliance.
(g)
Supplementary regulations and site plan standards. Unless modified
by the Town Board when establishing the PUD, the supplementary regulations
and site plan standards of this Zoning Chapter shall apply to all
development within the PUD.
F.
Modifications/amendments.
(1)
Unless otherwise required by the Town Board or Planning Board, all
land use activities situated within and in existence on the effective
date of the PUD classification or developed in accordance with an
approved project plan may be altered or modified. Such modifications
shall be subject to the issuance of a project plan amendment by the
Planning Board in the event of the following:
(a)
Change in type or location of approved land uses.
(b)
Increase in floor area in excess of 10% of a principal or accessory
structure.
(c)
Demolition of a principal structure, except where mandated by
an appropriate official in the interest of public safety.
(d)
Establishment or realignment of new streets or other public/common
areas.
(e)
Any change, except routine replacement and maintenance, to landscaping,
open space, parking, public facilities or other improvements addressed
in the project plan.
(2)
District amendments. Any modification not addressed by Subsection F(1) above or exceeding the limits established at the inception of the district shall be reviewed and approved by the Town Board.
(3)
Nonconformities. It is the intent of the PUD District that no nonconforming
elements will exist within the district. The flexibility of the land
use and geometric controls and review procedures should prevent the
creation of any nonconforming element. In the event that a nonconformity
does exist, any subsequent changes shall conform to the PUD District
controls and shall be subject to an issuance of a project plan amendment
by the Planning Board.
A.
Application. The Highway Overlay Zone District applies to lots adjacent
to or abutting designated highways. This overlay district imposes
dimensional controls in addition to the conventional underlying zone
district requirements. In the event that there is a difference or
conflict with other sections of this Code then the more restrictive
or largest minimum requirements shall apply.
B.
Designated highways.
(1)
DESIGNATED HIGHWAY
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A New York State Highway, such as New York State Route 31.
C.
Corner lot requirements.
(1)
Lots situated at the intersection of a designated highway and a nondesignated
highway shall have a minimum depth of 250 feet as measured from the
designated highway right-of-way edge.
(2)
Driveway access for a corner lot to either a designated highway or
a nondesignated highway shall be no closer than 100 feet to the intersection
of the highway right-of-way lines.
(3)
Within the triangular area formed by the intersection of two right-of-way
lines and a third line joining them at points 50 feet away from their
intersection, there shall be no planting or structures which obstruct
motorists' vision or diminish highway sight distance.
D.
Exceptions for existing lots.
(1)
Farms and agricultural uses are exempt from designated highway lot
area and frontage requirements but must conform to designated highway
setback requirements.
(2)
Lots legally existing as of the date of the adoption of this chapter
which do not comply with the regulations in this section may continue
to be used and developed subject to the following:
(a)
An existing lot which has less than the minimum lot area, frontage
and/or lot depth may be developed in accordance with the applicable
zone district regulations, provided that it complies with the required
designated highway setbacks and the applicable driveway permit standards.
(b)
Additions, renovations and similar improvements may be made
upon existing principal or accessory structures in accordance with
the applicable conventional zone district regulations even if that
existing structure fails to comply with designated highway setback
requirements. However, those improvements shall not increase the degree
of noncompliance with the designated highway setback.
(3)
These exceptions shall not apply to two or more undeveloped contiguous
lots that are jointly owned by a common entity.