A.
Schedule of district regulations. The chart entitled "Zoning Schedule
A — Town of Potsdam" and the notes appended thereto are hereby
made and declared to be a part of these regulations.[1] The regulations listed for each district as designated,
reading from left to right across the schedule, and in all notes appended
thereto, are hereby adopted and prescribed for such districts, subject
to the provisions of other applicable sections of these regulations
and, unless otherwise indicated, shall be deemed to be the minimum
requirements in every instance of their application. The listing of
any use in said district shall be deemed to be an exclusion of such
use from any other district, unless such use is permitted in such
district under the language set forth in the schedule as applying
thereto.
[1]
Editor's Note: Zoning Schedule A is included as an attachment to this chapter.
B.
Determination of similar uses. In order to permit uses of a similar character to those prescribed in § 306-7C as permitted in the R-1, R-2, R-A, C-C and H-D Districts, the Town Planning Board, on its own initiative or upon written request, shall determine whether a use not specifically listed as a permitted use should be authorized. In making this determination, the Planning Board shall consider whether the proposed use is substantially different in size, operations, impacts and other characteristics from uses permitted in the same district. If the proposed use is found to be similar to uses specifically listed and appropriate in the district, the Planning Board shall authorize the use as a permitted use in the district.
C.
Zoning districts.
(1)
R-1 Residential District.
(a)
Purpose. The area within residential districts is now used predominantly
for single- or two-family residential uses or is now vacant land with
soil and access conditions suitable for residential development. Future
development is limited to these uses and supporting public and semipublic
uses. Residential development beyond the density standards of the
R-1 District shall be accommodated through the coordinated development
process.
(b)
The following are permitted uses:
[1]
One- or two-family dwelling.
[2]
Public park, recreation area or golf course.
[3]
Library, charitable institution and similar use.
[4]
Church or parish house.
[5]
School or municipal building.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[6]
Accessory building or use.
[7]
Private swimming pool.
[Added 10-11-1994 by L.L.
No. 4-1994]
(c)
The following are uses permitted by special use:
[1]
Agricultural operation.
[2]
Home occupation/profession.[2]
[2]
Editor's Note: Original Subsection C(1)(c)[3], Private swimming pool, of the 1986 Code, was repealed 10-11-1994 by L.L. No. 4-1994.
[3]
Nursery school.
[4]
Fire station.
[5]
Cemetery.
[6]
Private or public utility structure or use.
[7]
Multifamily dwelling.
[8]
Wind measurement tower.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
[9]
Small WECS.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
(d)
The following uses require site plan review:
[Added 2-10-2004 by L.L.
No. 1-2004]
[1]
Public park, recreation area, golf course.
[2]
Library, charitable institution, and similar uses.
[3]
Church, parish house.
[4]
School, municipal building.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[5]
Agricultural operation.
[6]
Home occupation/profession.
[7]
Nursery school.
[8]
Fire station.
[9]
Cemetery.
[10]
Private or public utility structure or use.
[11]
Multifamily dwelling.
[12]
Wind measurement tower.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
[13]
Small WECS.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
(2)
R-2 Residential District.
(a)
The purpose of the R-2 District is to serve as a transitional
zone between the R-1 and R-A Districts.
(b)
The following are permitted uses:
[1]
One- or two-family dwelling.
[2]
Public park, recreation area or golf course.
[3]
Library, charitable institution and similar uses.
[4]
Church or parish house.
[5]
School or municipal building.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[6]
Accessory building or use.
[7]
Agricultural operation.
[8]
Private swimming pool.
[Added 10-11-1994 by L.L.
No. 4-1994]
(c)
The following are uses permitted by special use:
[1]
Home occupation/profession.[3]
[3]
Editor's Note: Original Subsection C(2)(c)[2], Private swimming pool, of the 1986 Code, was repealed 10-11-1994 by L.L. No. 4-1994.
[2]
Nursery school.
[3]
Fire station.
[4]
Cemetery.
[5]
Private or public utility structure or use.
[6]
Group dwelling.
[7]
Multifamily dwelling.
[8]
Riding academy, animal hospital or kennel.
[9]
Roadside stand.
[10]
Class A mobile home.
[11]
Wind measurement tower.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
[12]
Small WECS.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
(d)
The following uses require site plan review:
[Added 2-10-2004 by L.L.
No. 1-2004]
[1]
Public park, recreation area, golf course.
[2]
Library, charitable institution, and similar uses.
[3]
Church, parish house.
[4]
School, municipal building.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[5]
Agricultural operation.
[6]
Nursery school.
[7]
Fire station.
[8]
Private or public utility structure or use.
[9]
Riding academy, animal hospital, kennel.
[10]
Wind measurement tower.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
[11]
Small WECS.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
(3)
R-A Residential-Agricultural District.
(a)
Purpose. The area within this district has been identified as
viable for continued agricultural and low-density rural residential
use and is protected from detrimental intrusions. Part of the area
is unsuited for intensive development because of susceptibility to
seasonal high groundwater and is generally beyond the urbanizing areas.
(b)
The following are permitted uses:
[1]
One- or two-family dwelling.
[2]
Agricultural operation.
[3]
Public park, recreation area and golf course.
[4]
School or municipal building.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[5]
Church or parish house.
[6]
Accessory building or use.
[7]
Class A or B mobile home.
[8]
Private swimming pool.
[Added 10-11-1994 by L.L.
No. 4-1994]
(c)
The following are uses permitted by special use:
[1]
Home occupation/profession.[4]
[4]
Editor's Note: Original Subsection C(3)(c)[2], Private swimming pool, of the 1986 Code, was repealed 10-11-1994 by L.L. No. 4-1994.
[2]
Fire station.
[3]
Cemetery.
[4]
Private or public utility structure or use.
[5]
Riding academy, animal hospital or kennel.
[6]
Roadside stand.
[7]
Campground.
[8]
Commercial excavation.
[9]
Junkyard.
[10]
Solid waste transfer station.
[Amended 5-14-2002 by L.L. No. 2-2002]
[11]
Small business operation.
[12]
Other rural agribusiness activities of a similar and no more
objectionable nature than those listed above.
[13]
Mobile home court.
[14]
Multifamily dwelling.
[15]
Sexually oriented business.
[Added 2-11-2003 by L.L.
No. 1-2003]
[16]
Wind measurement tower.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
[17]
Small WECS.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
(d)
The following uses require site plan review:
[Added 2-10-2004 by L.L.
No. 1-2004]
[1]
Public park, recreation area, golf course.
[2]
School, municipal building.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[3]
Fire station.
[4]
Private or public utility structure or use.
[5]
Riding academy, animal hospital, kennel.
[6]
Campground.
[7]
Commercial excavation.
[8]
Junkyard.
[9]
Solid waste transfer station.
[10]
Mobile home court.
[11]
Wind measurement tower.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
[12]
Small WECS.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
(4)
C-C Community Center District.
(a)
Purpose. The area within the Community Center District shall
be characterized by the mix of commercial (grocery store, restaurant),
residential and public (fire station, post office) uses which make
up rural hamlets.
(b)
The following are permitted uses:
[1]
One- or two-family dwelling.
[2]
Public park, recreation area or golf course.
[3]
Library, charitable institution and similar uses.
[4]
Church or parish house.
[5]
School or municipal building.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[6]
Accessory building or use.
[7]
Agricultural operation.
[8]
Retail store, personal service shop or bank.
[9]
Professional or business office.
[10]
Class A or B mobile home.
[11]
Private swimming pool.
[Added 10-11-1994 by L.L.
No. 4-1994]
(c)
The following are uses permitted by special use:
[1]
Home occupation/profession.[5]
[5]
Editor's Note: Original Subsection C(4)(c)[2], Private swimming pool, of the 1986 Code, was repealed 10-11-1994 by L.L. No. 4-1994.
[2]
Nursery school.
[3]
Fire station.
[4]
Parking lot.
[5]
Private or public utility structure or use.
[6]
Group dwelling.
[7]
Multifamily dwelling.
[8]
Riding academy, animal hospital or kennel.
[9]
Roadside stand.
[10]
Campground.
[11]
Agribusiness.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[12]
Lumber sales and storage.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[13]
Heating, plumbing, electrical supplies and/or repairs.
[14]
Welding shop.
[15]
Light manufacturing or assembly.
[16]
Drive-in restaurant.
[17]
Gasoline station, garage or auto wash.
[18]
Commercial recreation, golf driving range or outdoor theater.
[19]
Bar or tavern.
[20]
Development or research center.
[21]
Hotel or restaurant.
[22]
Sexually oriented business.
[Added 2-11-2003 by L.L.
No. 1-2003]
[23]
Wind measurement tower.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
[24]
Small WECS.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
(d)
The following uses require site plan review:
[Added 2-10-2004 by L.L.
No. 1-2004]
[1]
Public park, recreation area, golf course.
[2]
School, municipal building.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[3]
Retail store, personal service shop, bank.
[4]
Professional or business office.
[5]
Private or public utility structure or use.
[6]
Riding academy, animal hospital, kennel.
[7]
Campground.
[8]
Lumber sales and storage.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[9]
Welding shop.
[10]
Light assembly or manufacturing.
[11]
Gasoline station, garage, autowash.
[12]
Commercial recreation, golf driving range, outdoor theater.
[13]
Hotel, restaurant, bar or tavern.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[14]
Wind measurement tower.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
[15]
Small WECS.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
[16]
Agribusiness.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
(5)
H-D Highway Development District.
(a)
Purpose. The purpose of the Highway Development District is
to provide for a wide variety of residential, commercial and light
industrial activities along a major transportation corridor while
still preserving the highway function and preventing the intermixture
of incompatible uses.
(b)
The following are permitted uses:
[1]
One- or two-family dwelling.
[2]
Agricultural operation.
[3]
Public park, recreation area or golf course.
[4]
Library, charitable institution and similar uses.
[5]
School or municipal building.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[6]
Church or parish house.
[7]
Accessory building or use.
[8]
Class A mobile home.
[Amended 7-8-2003 by L.L.
No. 4-2003]
[9]
Private swimming pool.
[Added 10-11-1994 by L.L.
No. 4-1994]
(c)
The following are uses permitted by special use:
[1]
Multifamily dwelling.
[2]
Group dwelling.[6]
[6]
Editor's Note: Original Subsection C(5)(c)[3], Mobile home court, of the 1986 Code, was repealed 7-8-2003 by L.L. No. 4-2003.
[3]
Home occupation/profession.[7]
[7]
Editor's Note: Original Subsection C(5)(c)[5], Private swimming pool, of the 1986 Code, was repealed 10-11-1994 by L.L. No. 4-1994.
[4]
Nursery school.
[5]
Fire station.[8]
[8]
Editor's Note: Original Subsection C(5)(c)[8], Cemetery, of the 1986 Code, was repealed 7-8-2003 by L.L. No. 4-2003
[6]
Private or public utility structure or use.
[7]
Riding academy, animal hospital or kennel.
[8]
Roadside stand.[9]
[9]
Editor's Note: Original Subsection C(5)(c)[12], Campground, of the 1986 Code, was repealed 7-8-2003 by L.L. No. 4-2003.
[9]
Commercial recreation, golf driving range or outdoor theater.
[10]
Professional or business office.
[11]
Retail store, personal service shop or bank.
[12]
Hotel, restaurant, bar or tavern.
[13]
Gasoline station, garage or auto wash.
[14]
Machine shop or welding shop.
[15]
Lumber sales and storage.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[16]
Heating, plumbing, electrical supplies and/or repairs.
[17]
Warehouse or wholesale sales and storage.
[18]
Automobile, boat, or recreational vehicle sales/rental.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[19]
Drive-in restaurant.
[20]
Agribusiness.[10]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[10]
Editor's Note: Original Subsection C(5)(c)[25], Other rural agribusiness, of the 1986 Code and which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[21]
Development or research center.
[22]
Light manufacturing or assembly.
[24]
Solid waste transfer station.
[Amended 5-14-2002 by L.L. No. 2-2002]
[25]
Sexually oriented business.
[Added 2-11-2003 by L.L.
No. 1-2003]
[26]
Wind measurement tower.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
[27]
Small WECS.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
(d)
The following uses require site plan review:
[1]
Public parks, recreation area, golf course.
[2]
School, municipal building.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[3]
Mobile home court.
[4]
Riding academy, animal hospital, kennel.
[5]
Campground.
[6]
Commercial recreation, golf driving range, outdoor theater.
[7]
Hotel, restaurant, bar or tavern.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[8]
Gas station, garage, auto wash.
[9]
Lumber sales and storage.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[10]
Heating, plumbing, electrical supplies and/or repairs.
[11]
Warehouse or wholesale sales and storage facility.
[12]
Automobile, boat, or recreational vehicle sales and/or rental.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[13]
Drive-in restaurant.
[14]
Light manufacturing or assembly.
[15]
Fuel sales and storage.
[16]
Motor vehicle junkyard/junkyard.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[17]
Solid waste transfer station.
[18]
Wind measurement tower.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
[19]
Small WECS.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
[20]
Agribusiness.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
(6)
L-C Land Conservation Overlay District.
(a)
The purpose of the L-C District is to enhance community appearance,
to promote the use of scenic resources for the pleasure and welfare
of the citizens of and visitors to the Town and to safeguard against
damage due to natural causes, such as flooding and water pollution.
(b)
Permitted uses. The Land Conservation Overlay District consists
of lands located within the special flood hazard areas identified
on the Federal Insurance Administration maps and that area 200 feet
on either side of the shoreline, at normal water level, of the Grasse
and Raquette Rivers. Any use which is permitted in the underlying
zoning district is permissible in the L-C Overlay District, provided
that construction and/or development is in conformance with the requirements
of the National Flood Insurance Program (NFIP) as set forth in Local
Law No. 1 of 1985.[12] However, within this district there shall be no principal
building construction within 50 feet of the shoreline at normal water
level, except for a single story service- or water-related building.
All development in the L-C District shall be reviewed by the Planning
Board according to the special use permit process.
(7)
C-D Coordinated Development District.
(a)
The purpose of the C-D District is to provide a means of developing
those land areas within the community considered appropriate for large-scale
new residential, recreational, commercial or industrial use, or a
satisfactory combination of these uses, in an economic and compatible
manner, while encouraging the utilization of innovative planning and
design concepts or techniques in these areas without departing from
the spirit and intent of these Zoning Regulations.
(b)
Procedure.
[1]
For the establishment of coordinated development:
[a]
Application for designation of a C-D District shall be referred to the Town Board. The Town Board shall refer the application to the Planning Board within 10 days of receipt. The applicant shall furnish basic data pertaining to the boundaries of the proposed development, the existing zoning, topography, drainage, soil conditions and such preliminary plans as are required in § 306-36C of these regulations.
[b]
The Planning Board shall review such application. The Board may require such changes in the preliminary plans as are found to be necessary to meet the requirements of this section, to protect the established permitted uses in the vicinity and to promote the orderly growth and sound development of the community. In evaluating the proposal and in reaching its decision regarding the preliminary plans, the Planning Board shall consider and make findings regarding those considerations set forth under Subsection C(7)(b)[2][c] of this section.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[c]
Referral to county; SEQRA.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
[i]
All applications for creation of a C-D District shall be referred
to the St. Lawrence County Planning Board. The County Planning Board
has 30 days (GML § 239-n) to return to the Town for local
action stating no significant countywide or inter-community impact,
or to approve, modify, or disapprove the referred action. If agreed
upon by all parties, this time limit may be mutually extended.
[ii]
If the County Planning Board recommends modification or disapproval
of a referred action, the referring body shall not act contrary to
such recommendation except by a vote of a majority plus one of all
the members thereof.
[d]
The Town Planning Board shall report its findings
and render its decision to the Town Board within 45 days. It may approve,
disapprove or give conditional approval subject to modifications regarding
the proposed development.
[e]
The Town Board shall hold a public hearing after
public notice as required for any amendment to these regulations and
shall consider the report and recommendations of the Planning Board
and all other comments, reviews and statements pertaining thereto.
It may amend the Zoning Map to establish and define the type and boundaries
of the planned district and, in so doing, may state specific conditions,
in addition to those provided by these regulations, further restricting
the nature or design of the development.
[2]
For the approval of development within an established Coordinated
Development District:
[a]
Amendment of the Zoning Map shall not constitute
authorization to develop in the district.
[b]
Such authorization, after a C-D District has been
established or for development within an already established C-D District,
shall require that the applicant submit to the Planning Board such
plans and specifications, supporting documents and data as shall be
required by the Board and shall specify on the plans and in writing
the building types and layout, setbacks, off-street parking and loading,
ingress and egress, signs, existing and proposed amenities, screening,
planting and ornamental features and the plan or arrangement for development
of the area in stages or in its entirety. A copy of the proposed development
will be submitted to the St. Lawrence County Planning Board for review
as required under §§ 239-1 and 239-m of the General
Municipal Law.
[c]
The Planning Board shall set forth the particular
ways in which the proposed development would or would not be in the
public interest, including but not limited to findings of fact and
conclusions on the following:
[i]
In what respects the plan is or is not consistent
with the stated purposes of a C-D District.
[ii]
The extent to which the plan departs from zoning
regulations formerly applicable to the property in question (if not
originally designated as a C-D District), including but not limited
to bulk, density and permitted uses.
[iii]
The existing character of the neighborhood and
the relationship, beneficial or adverse, of the proposed development
to this neighborhood.
[iv]
The location of principal and accessory buildings
on the site in relation to one another and to other structures and
uses in the vicinity, including bulk and height.
[v]
The provision for pedestrian circulation and open
space in the planned development, the assurance of the proposal for
maintenance and conservation of common open space and pedestrian circulation
as related to the proposed density and type of development.
[vi]
The traffic circulation features within the site,
including the amount of, location of and access to automobile parking
and terminal loading areas.
[vii]
The amount of traffic generated at peak hours
and the provisions for adequately handling such volumes, with particular
reference to points of ingress and egress, potential hazards such
as inadequate site distances and intersection design, and the nature
and suitability of the connecting street or highway system to absorb
the anticipated changes.
[viii]
The provision for stormwater, sanitary and solid
waste disposal and other utilities on and adjacent to the site.
[ix]
The proposed location, type and size of signs
and landscape features.
[x]
The physical design of the plan and the manner
in which said design does or does not make adequate provision for
service demands (water, sewer, fire, etc.), provide adequate control
over vehicular traffic and further the amenities of light, air and
visual enjoyment.
[d]
No permit shall be issued until the Planning Board
has made its determination based on the foregoing considerations and
the Town Board has considered this determination and any review by
the St. Lawrence County Planning Board and authorized issuance of
a permit by resolution. The Town Board may override the recommendation
of the Town Planning Board in adopting its resolution to authorize
or deny a permit only by an affirmative vote of a three-fourths majority
of the members of the Board.
[e]
All conditions imposed by the Town Board in its
amendment and all subsequent conditions imposed by the Planning Board
or Town Board in their review of the final plans, including any the
performance of which may be conditions precedent to the issuance of
any permit, shall run with the land and shall not lapse or be waived
as a result of any change in tenancy or ownership of any or all of
the designated district.
[f]
If construction of the development in accordance
with the approved plans and specifications has not begun within one
year after the date of the resolution authorizing issuance of the
building permit, all permits shall become null and void, the approval
shall be deemed revoked and vacated, and the Town Board shall have
the authority to again amend the map to restore the zoning designation
for the district to that which it had been prior to the application,
or any other district.
[g]
The Planning Board may require that the application
be subject to site plan review.
[Added 2-10-2004 by L.L.
No. 1-2004]
(c)
Airport approaches. Notwithstanding any other provision of these
regulations, development is permitted in the C-D Coordinated Development
Zone at and adjacent to Potsdam - Damon Airport and any other local
airport, subject to the provisions of coordinated development and
under the following conditions:
(d)
Applicability and change. The process shall be applied to determine
the suitability of a specific plan for development of land in the
C-D Districts which carries out the objectives of the Town development
plan and these regulations. The Planning Board may adopt and modify
from time to time further guidelines for coordinated development review.
The guidelines shall be adopted pursuant to the requirements for rules
and regulations provided by law.
(8)
P-D Development Overlay District.
[Amended 10-11-1994 by L.L. No. 4-1994; 2-10-2004 by L.L. No. 1-2004; 6-16-2015 by L.L. No. 1-2015]
(a)
The purpose of the P-D District is to encourage planned development
in the transportation corridor between Route 11 and the Conrail Railroad
between Canton and Potsdam (designated as PD-11) and the transportation
corridor on SH 56N between Potsdam and Norwood as designated on the
map (designated as PD-56N) to be undertaken in a manner which preserves
the critical highway and railway functions.
(c)
Uses permitted by special use or by the Planning Board. Uses otherwise permitted in the R-A, C-C and CD Districts and uses permitted by special use in the R-A and C-C Districts, as well as those uses deemed appropriate by the Town Planning Board in accordance with the review procedures outlined under Subsection C(8)(f) below, may be permitted in the P-D Overlay District-PD 11.
(e)
Uses permitted by special use or by the Planning Board. Uses otherwise permitted in the R-1, R-2, CD, and HD Districts and uses permitted by special use in the R-1, R-2, CD, and HD Districts, as well as those uses deemed appropriate by the Town Planning Board in accordance with the review procedures outlined under Subsection C(8)(f) below, may be permitted in the P-D Overlay District - PD 56N.
(f)
Procedure.
[1]
For uses permitted by special use or for a Planning Board determination
of an appropriate use in the P-D Districts PD-11 and PD-56N:
[a]
The applicant must submit basic data pertaining to the planned development, including property boundaries, topography, drainage, soil conditions and such preliminary plans as are required in § 306-36C of these regulations.
[b]
The Town Planning Board shall review the application
and required data and may require such changes in the preliminary
plans as are found necessary to meet the requirements of the district,
to promote the orderly growth and development of the district and
to protect the highway and railway functions and those established
permitted uses in the vicinity.
[c]
All applications for uses permitted by special
use or by the Town Planning Board within the PD District shall be
referred to the St. Lawrence County Planning Board.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[i]
The County Planning Board has 30 days (GML § 239-m)
to return to the Town for local action stating no significant countywide
or inter-community impact, or to approve, modify, or disapprove the
referred action. If agreed upon by all parties, this time limit may
be extended mutually by all parties.
[ii]
If the County Planning Board recommends modification or disapproval
of a referred action, the referring body shall not act contrary to
such recommendation except by a vote of a majority plus one of all
the members thereof.
[d]
Notification will be made to all property owners
within 500 feet of the project.
[2]
The Town Planning Board will establish appropriate lot size, setbacks, off-street parking, ingress and egress, sign dimensions and screening required, using as a minimum the standards set forth in § 306-8 by special use.
[a]
In addition, the following minimum requirements
shall apply only to USH 11 in the P-D Overlay District PD-11:
[i]
Front yard for permitted uses shall be 150 feet
from the center of the road.
[ii]
Front yard for uses permitted by special use and
as determined by the Planning Board shall be 225 feet, with no parking
or other use in the first 150 feet from the center of the road. Parking,
but no other use or construction, is permitted for 150 feet to 225
feet from the center of the road.
[iii]
Minimum lot size for the Planned Development
Overlay District is five acres, except for one- and two-family dwellings,
which require 65,000 square feet and two acres, respectively. Mobile
homes require the same lot sizes as one-family dwellings.
[b]
In addition, the following minimum requirements
shall apply to all other areas (excepting USH 11) in the P-D Overlay
District PD-11:
[i]
Front yard for permitted uses for R-A and C-C shall
be set forth in the Zoning Schedule.
[c]
In addition, the following minimum requirements
shall apply in the P-D Overlay District PD-56N:
[i]
Front yard for permitted uses for R-1, R-2, CD,
and HD shall be as set forth in the Zoning Schedule.
[ii]
Front yard for uses permitted by special use shall
be determined by Planning Board as deemed appropriate.
[iii]
Minimum lot size for the Planned Development
Overlay shall be determined by the Planning Board as deemed appropriate,
except for one- and two-family dwellings, which require 65,000 square
feet and two acres, respectively. Mobile homes require the same lot
sizes as one-family dwellings.
[3]
If the construction of the planned development in accordance
with the approved plans and specifications has not begun within one
year after the date of the resolution authorizing the issuance of
the building permit, all permits shall become null and void.
[4]
Site plan review. Within the P-D Development Overlay Districts
all uses, except principal permitted uses in the district, shall be
subject to site plan review.
A.
General standards. All special uses are subject to the following general standards, and, in addition, those special uses which are listed under Subsection B shall have additional regulations as stipulated in that section. All special use permits, and primary uses if applicable, are subject to General Municipal Law § 239-m, County Planning Board Review and the timeline allowed therein.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(1)
General provisions. Special use permits for permitted special uses
shall be approved by the Planning Board for the Enforcement Officer
to issue in accord with this section. The special uses for which conformance
to additional standards is required shall be deemed to be permitted
uses in their respective districts, subject to the satisfaction of
the requirements and standards set forth herein, in addition to all
other requirements of these regulations. All such uses are hereby
declared to possess characteristics of such unique and special forms
that each specific use shall be considered as an individual case.
(2)
Required plan. A plan for the proposed development of a site for a permitted special use shall be submitted with an application for a special use permit, and such plan shall show the location of all buildings, parking areas, traffic access and circulation drives, open spaces, landscaping and any other pertinent information that may be necessary to determine if the proposed special use meets the requirements of these regulations. Required submissions are listed in § 306-36A,
(3)
Expiration. A special use permit shall be deemed to authorize only
one particular special use and shall expire if the special use or
uses shall cease for more than one year, except as an extension of
the permit period is applied for and, for due cause shown, granted
by the Planning Board.
(4)
Standards applicable to all special uses.
(a)
The location and size of the use, the nature and intensity of
the operations involved, the size of the site in relation to it and
the location of the site with respect to the existing or future streets
giving access to it shall be such that it will be in harmony with
the orderly development of the district: and the location, nature
and height of buildings, walls and fences will not discourage the
appropriate development and use of adjacent land and buildings or
impair the value thereof.
(b)
Lot size, site design and special conditions shall ensure that
operations in connection with any special use shall not be more objectionable
to nearby properties by reason of noise, fumes, odors, glare, vibrations
or flashing lights than would be the operations of any permitted use.
Screening shall be required where deemed appropriate.
(c)
Adequate provision for water supply and sewage disposal shall
be made in compliance with the New York State Department of Health
standards.
B.
Permitted special uses: specific standards.
(1)
Agricultural operation. In the R-1 District, the following standards
shall be met for agricultural operations:
(a)
Minimum lot size shall be 10 acres.
(b)
Farm structures shall be located at least 200 feet from any
adjacent residential use.
(c)
The number of livestock held in any one area shall be limited
according to drainage conditions, waste disposal facilities and standards
of good agricultural management as determined by the St. Lawrence
County Soil and Water Conservation District and shall be reviewed
by the Planning Board.
(2)
Animal hospital, riding academy or kennel.
(3)
Automobile, farm or heavy equipment, boat and recreational vehicle
sales or rental.
(a)
The minimum lot area shall be three acres. The Planning Board
may require a larger minimum lot area if necessary to accommodate
the nature and scale of the proposed use.
(b)
No motor vehicles which are not in running condition shall be
stored in any open area for more than 10 consecutive days.
(c)
In connection with the business operation, there must be an
office and sanitary facilities.
(d)
No vehicle shall be placed in an area closer than 15 feet to
the edge of the highway right-of-way abutting said property.
(e)
Such uses must be at least 200 feet from any school, church,
park or playground.
(f)
When exterior lights are extinguished, sufficient illumination
must be provided as may be required by the local law enforcement agency
for the proper safety and surveillance thereof.
(g)
The open area permitted to be used shall be capable of holding
not less than 10 vehicles.
(4)
Campground.
(a)
A temporary permit to operate a campground may be issued for
a period not to exceed five years if the following conditions are
met:
[1]
The minimum lot area shall be five acres.
[2]
No portion of the property for which such permit is sought shall
be within 2,000 feet of any public water supply intake.
[3]
Sanitary dumping stations shall be provided in those areas designed
for units with such facilities.
[4]
The number of trailer or camping units to be accommodated shall
not exceed one for each 4,000 square feet of area within the campground.
[5]
No camp structure shall be located within 50 feet of any property
line.
(b)
The permit may be renewed for subsequent five-year periods,
provided that the requirements of these regulations are complied with.
(5)
Cemetery, commercial recreation, golf driving range, nursery school
or fire station.
(a)
The proposed use will not interfere with the established character
of the neighborhood nor the peaceful enjoyment of adjoining residential
uses. In particular, this shall mean that traffic, light and noise
likely to be generated by such facility will not duly interfere with
adjoining uses.
(b)
The location and arrangement for ingress and egress shall be
so designed as to minimize traffic congestion and hazard.
(c)
Adequate and suitably located off-street parking shall be provided in accordance with the requirements of § 306-9F of these regulations.
(d)
Such site amenities and landscaping as are needed to maintain
or improve the visual character of the area and to provide a buffer
between any adjoining use requiring such consideration shall be provided
as required by the Planning Board.
(e)
No portion of any cemetery shall be located within 2,000 feet
of any public water supply intake.
(6)
Commercial excavation.
(a)
The minimum lot size shall be five acres.
(b)
Such extraction shall not endanger the stability of adjacent
land or structures nor constitute a detriment to public health, safety
or welfare by reason of excessive noise, dust, traffic or other conditions.
(c)
The face of the excavation area shall not exceed a 3 to 1 (horizontal
to vertical) slope, and the top and base of such slope shall not be
nearer than 100 feet to any lot line or road right-of-way.
(d)
A plan for restoration and rehabilitation of the excavation
area shall accompany the special use permit application. The Planning
Board may require a performance bond to assure rehabilitation of the
site.
(e)
Screening shall be provided in such a manner as to properly
screen activities from view from a public street or adjacent residential
property.
(7)
Development or research center, light manufacturing, lumber or feed
sales/storage, heating, plumbing, electrical supplies and/or repairs,
welding shop, machine shop, fuel sales and storage or warehouse or
wholesale sales and storage.
(a)
Minimum lot size shall be two acres. The Planning Board may
require a larger minimum lot area if necessary to safely accommodate
the nature and scale of the proposed use.
(b)
All structures shall be located at least 100 feet from any adjacent
residential use. The Planning Board may require screening from adjacent
properties as needed.
(c)
All activities shall be conducted within an enclosed area.
(8)
Drive-in restaurant.
(a)
The minimum lot size shall be two acres.
(b)
All structures shall be located at least 200 feet from any adjacent
residential use or district.
(c)
Trash shall be stored in areas which are designed and constructed
so as to allow no view of the trash storage from the street, to prevent
wastepaper from blowing around the site or adjacent properties and
to permit safe, easy removal by truck or hand.
(d)
Exterior lighting proposed for the site shall be designed so
it will not cast direct light or glare upon adjacent properties or
public rights-of-way. The light source shall not be higher than 20
feet.
(e)
Ingress and egress shall be designed to minimize traffic congestion, and adequate off-street parking shall be provided in accordance with § 306-9F of these regulations.
(f)
Landscaping and/or fencing shall be provided to minimize visual
unattractiveness and minimize conflicts with adjacent uses.
(9)
Gasoline station, public garage or auto wash.
(a)
The minimum lot area shall be two acres.
(b)
Lot frontage on any street shall be at least 150 feet. (See
Zoning Schedule for minimum requirements by zoning district.[1])
[1]
Editor's Note: The Zoning Schedule is included as an attachment to this chapter.
(c)
Such use shall not be located within 200 feet of any lot occupied
by a residence, school, hospital or religious institution. Measurement
shall be made between the nearest respective lot lines.
(d)
Bulk fuel shall be stored at least 75 feet from any property
line and shall meet all county and state requirements.
[Amended 10-11-1994 by L.L. No. 4-1994]
(e)
No exterior storage of dismantled vehicles, vehicle parts or
salvage materials shall be permitted for a period more than 10 days.
(f)
No exterior storage of disabled vehicles shall be permitted
for more than 30 days.
(g)
If such use ceases operation, all fuel storage tanks shall be
removed within one year of such cessation.
(10)
Group dwelling or multifamily dwelling.
(a)
Group dwellings and multifamily dwellings are permitted if and
only if adequate sewage treatment can be provided on-site to accommodate
the number of persons who will reside in the dwellings. The maximum
gross density allowable for multifamily dwellings shall not exceed
one unit per acre. Group housing facilities must have a minimum of
one acre of land area per five residents housed.
(b)
Applications submitted for special use permit approval shall
include specific plans for sewage disposal, water supply, storm drainage,
landscaping and lighting.
(c)
Floor space, health and safety conditions shall be in accord
with the standards of the New York State Uniform Fire Prevention and
Building Code.
(d)
Adequate off-street parking shall be provided in accordance with the requirements of § 306-9F of these regulations.
(e)
Minimum lot width is 200 feet, plus an amount deemed appropriate
by the Planning Board based on the size of the project and the shape
of the parcel.
(11)
Home occupation/profession.
(a)
There shall be no change in the exterior appearance of the building or premises other than a permitted sign in accordance with § 306-9H of these regulations.
(b)
Not more than two employees other than the inhabitants of the
dwelling unit shall be engaged in such home occupation/profession.
(c)
There shall be no sales of products conducted from the dwelling
unit, except goods produced on the premises or products incidental
to the service provided.
(d)
The home occupation/profession shall not cause a significant
increase in traffic in the vicinity. The Planning Board may require
the applicant to provide traffic count information prior to special
use permit approval.
(e)
No offensive noise, vibration, glare, dust, fumes, odors or
electrical interference shall be produced.
(12)
Hotel, motel, restaurant, bar or tavern.
(a)
Minimum lot size shall be one acre in the C-C zone and two acres
in the H-D zone. The Planning Board may require a larger minimum lot
area if necessary to accommodate the nature and scale of the proposed
use.
(b)
Such use shall not be closer than 200 feet to any existing residential
use or district.
(c)
Such use shall be adequately fenced or screened from any adjacent
residential property, and lighting shall be directed away from adjacent
uses.
(13)
Motor vehicle junkyard/junkyard.
[Amended 7-12-1999 by L.L. No. 4-1999; 5-14-2002 by L.L. No. 3-2002; at time of adoption
of Code (see Ch. 1, General Provisions, Art. I)]
(a)
Minimum lot size shall be 10 acres for a junkyard. The Planning
Board may require a larger minimum lot area if necessary to accommodate
the nature and scale of the proposed use.
(b)
Such uses shall not be located within 200 feet of any road right-of-way
or property line nor within 500 feet of any residential property nor
within 1,000 feet of any lake, river or stream nor within 2,000 feet
of any public water supply intake.
(c)
Fencing.
[1]
All junkyard operations shall be fenced and screened from public
view and from adjacent properties. A fence is a natural or artificially
constructed barrier inhibiting public view of staged or stored decommissioned
motor vehicles, parts or related materials. The barrier shall consist
of approved material or combination of materials and shall be erected
to enclose and screen areas of land used to store aforementioned materials
from public view.
[2]
A barrier closing or bordering a field, yard, etc., may typically
be constructed of wood or metal fencing material and usually is used
to prevent entrance, to confine, mark a boundary, or inhibit public
view with security as approved by the Town of Potsdam Planning Board.
[3]
All fencing schemes shall be approved by the Planning Board.
Fence construction shall conform to the following criteria:
[a]
Posts with wood board fencing shall provide an
eight-foot high screen.
[b]
Construction material may consist of wood, metal,
plastic or other material that is aesthetically unobtrusive as approved
by the Planning Board.
[c]
Natural fencing consisting of dense shrub hedge
of conifer foliage supplemented with localized security measures,
such as gates for restricted access, as approved.
[d]
Fence materials other than the aforementioned materials
are not approved, unless specific plans are presented to the Planning
Board for review and approval.
(d)
The annual license fee is to be paid at the time of a permit
application and annually thereafter on April 1 in the event of renewal.
Any existing automobile junkyard must comply with these requirements
by the next April 1.
(14)
Mobile home.
(a)
Individual. Mobile homes may be located on individual lots or
parcels of land where permitted as special uses in the zoning district,
subject to the specific requirements of this subsection. It is the
intent of the special use permit process to recognize the modern mobile
home as an alternative source of affordable housing. However, because
many mobile homes have an exterior appearance which is uncharacteristic
of conventional housing, the location and maintenance requirements
of this subsection are designed to ensure that mobile homes are compatible
with surrounding uses, that proposed sites are suitable and that property
values are protected.
[1]
Class A mobile homes may be located on individual sites in all
but the R-1 District if they meet all of the following standards:
[a]
The mobile home shall be occupied only as a single-family
residence.
[b]
The mobile home shall have an adequate supply of
potable water and a sewage disposal system. Both systems shall satisfy
the recommended standards of the New York State Department of Health
for individual water and waste-disposal systems.
[c]
The mobile home shall be located in conformance
with all the area requirements of the zoning district in which it
is located.
[d]
The mobile home shall be attached to a permanent
foundation, and the wheels shall be removed.
[e]
Landscaping shall be provided to achieve the same
character as the surrounding properties, as specified by the Planning
Board.
[f]
The exterior of the mobile home and the lot or
parcel of land on which it is placed shall be maintained in a neat,
orderly and presentable condition. Failure to maintain the property
may result in revocation of the special use permit.
[2]
Class B mobile homes may be located on individual sites in the
R-A and C-C Districts if they meet all of the following standards:
[Amended 7-8-2003 by L.L.
No. 4-2003]
[a]
The mobile home shall be occupied only as a single-family
residence.
[b]
The mobile home shall have an adequate supply of
potable water and a sewage disposal system. Both systems shall satisfy
the recommended standards of the New York State Department of Health
for individual water and waste-disposal systems.
[c]
The mobile home shall conform to all the area requirements
of the zoning district in which it is located.
[d]
The mobile home shall be attached to a permanent
foundation with the wheels removed.
[e]
Landscaping shall be provided to achieve the same
character as the surrounding properties, as specified by the Planning
Board.
[f]
The exterior of the mobile home and the parcel
of land on which it is located shall be maintained in a neat, orderly
and presentable condition. Failure to maintain the property may result
in revocation of the special use permit.
[3]
Accessory uses. Mobile homes may be located as accessory uses
by special use permit on individual lots in accordance with the following:
[a]
In the R-2 Zone, a Class A mobile home, and in
the R-A Zone, a Class A or B mobile home, may be located as an accessory
dwelling unit for family members or hired help on farms of at least
25 acres. Only one such accessory dwelling unit shall be permitted
per principal farm residence, and the unit shall be located in conformance
with the yard and parking requirements of the zoning district. The
mobile home shall have an adequate supply of water and a sewage disposal
system in conformance with New York State Department of Health standards.
[b]
In the C-C and R-A Zones, a Class B mobile home
may be located on an individual lot as an accessory dwelling unit
for an aged or infirm family member, subject to the following restrictions:
[Amended 7-8-2003 by L.L.
No. 4-2003]
[i]
The mobile home shall be located in conformance
with the yard and parking requirements of the zoning district.
[ii]
The mobile home shall have an adequate supply
of water and a sewage disposal system. Both systems shall satisfy
the recommended standards of the New York State Department of Health
for individual water and waste-disposal systems.
[iii]
Landscaping and screening shall be provided to
protect neighboring uses as specified by the Planning Board.
[iv]
The exterior of the mobile home and the parcel
of land on which it is located shall be maintained in a neat, orderly
and presentable condition. Failure to maintain the property may result
in revocation of the special use permit.
[v]
The applicant shall submit evidence documenting
financial and/or medical need for such unit and shall sign a statement
agreeing to remove the mobile home in the event of the death or departure
of the family member.
[c]
In the C-D Zone, a Class B mobile home may be located
as an accessory dwelling unit for a caretaker, watchman or security
guard on a nonresidential lot. The Planning Board may impose conditions
on the location of such mobile home to protect neighboring uses.
[Amended 7-8-2003 by L.L.
No. 4-2003]
(b)
Mobile home court. Mobile home courts may be located in the
R-A District, subject to the specific requirements of this subsection.
[Amended 7-8-2003 by L.L.
No. 4-2003]
[1]
A mobile home court shall have a minimum lot size of five acres.
[2]
Within the mobile home court, minimum lot size for individual
mobile homes shall be 6,000 square feet, and within the individual
lot, yard requirements shall be as follows:
|
Yard
|
Requirement
(feet)
|
|---|---|
|
Front
|
20
|
|
Side (each)
|
15
|
|
Rear
|
15
|
[3]
Sanitary facilities. An adequate water supply and sewage disposal
system shall be provided for all mobile home lots within the court
and shall be approved by the New York State Department of Health.
[4]
Utility installations. All wiring, fixtures and appurtenances
shall be installed and maintained in accordance with the specifications
and regulations of the Electrical Underwriters of NY, LLC, and the
Uniform Code, and the local utility company. Whenever possible, electrical
transmission and other utility lines shall be placed below the ground.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[5]
Fuel tanks, where used, shall be placed so as not to be visible
from the road and at a distance at least five feet from any exit and
shall have a safety shutoff at the tank. Underground tanks or a centralized
fuel-supply system is to be encouraged wherever possible.
[6]
No mobile home shall be located within 50 feet of any property
line.
[7]
Roadways. No individual mobile home within a mobile home court
shall have access to an existing street. Internal roadways within
a mobile home court shall have a minimum right-of-way of 50 feet.
There shall be no dead-end streets in any court. A cul-de-sac turnaround
shall be provided if needed.
[8]
Off-street parking. Two off-street parking spaces shall be provided
for each mobile home lot in the mobile home court outside the fifty-foot
right-of-way and shall otherwise comply with off-street parking requirements
as set forth elsewhere in these regulations.
[9]
Recreation area. Open space up to 10% of the land area suitable
for recreation and play purposes shall be designated on the site plan
and shall be an integral part of any proposed mobile home court.
[10]
Improvements. Each mobile home owner/tenant shall
be required to enclose the bottom portion of the mobile home with
a metal, wood or other suitable skirt, properly ventilated, within
60 days after location in the mobile home court. Notification of such
requirement shall be the responsibility of the mobile home court operator.
[11]
Sidewalks, lighting and landscaping shall be in
keeping with surrounding development, the unique features of the site
and the health and safety of the occupants of the mobile home court
as determined by the Planning Board. Attractive site development and
landscaping shall be a consideration in determining the adequacy of
the proposed mobile home court.
(15)
Private or public utility.
(a)
Such facilities shall not be located on a residential roadway,
unless no other site is available, and shall be so located as to necessitate
minimal travel of service vehicles over such roadways.
(b)
Adequate fences, barriers and other safety devices shall be
provided to provide protection and screening for adjacent uses, as
specified by the Planning Board.
(16)
Roadside stand.
(a)
Minimum lot size shall be one acre in the C-C, H-D and R-A Districts
and two acres in the R-2 District.
(b)
A minimum of 150 feet of road frontage is required. (See Zoning
Schedule for specific requirements by zoning district.[3])
[3]
Editor's Note: The Zoning Schedule is included as an attachment to this chapter.
(d)
The building shall not be closer than 60 feet to the edge of
the pavement.
(e)
Only items such as fresh vegetables, fruit and other farm produce
may be sold.
(17)
Small business operation.
(a)
Minimum lot size shall be two acres.
(b)
No more than four full-time persons (or the equivalent) shall
be employed in any small business operation.
(c)
The operation shall be conducted entirely within an enclosed
area.
(d)
Such use shall be located at least 200 feet from any residence,
except a residential use on the same parcel, and adequately screened
from residential property.
(e)
There shall be adequate off-street parking provided as specified by § 306-9F of these regulations.
(f)
No offensive noise, vibration, glare, dust, fumes, odors or
electrical interference shall be produced.
(18)
Solid waste transfer station.
[Added 5-14-2002 by L.L.
No. 2-2002]
(a)
Minimum lot size: 20 acres for a solid waste transfer station.
The Planning Board may require a larger minimum lot area and road
frontage if necessary to accommodate the nature and scale of the proposed
use.
(b)
Such uses shall not be located within 200 feet of any road right-of-way
or property line nor within 500 feet of any lake, river or stream
nor within 2,000 feet of any public water supply intake.
(c)
All solid waste transfer station operations shall have an approved
fencing plan by the Town of Potsdam Planning Board.
(d)
The operator shall be responsible for windblown refuse within
1,000 feet in either direction of the solid waste transfer station
entrance.
(e)
Type 1 household appliance disposal, which contain refrigerant.
The removal of all refrigerant will be required by a certified employee
or subcontractor prior to being shipped off site.
The provisions of these regulations shall be subject to such
exceptions, additions or modifications as are herein provided by the
following supplementary regulations:
A.
Removal of topsoil. Unless permit for commercial excavation has been
granted, no person, firm or corporation shall strip, excavate or otherwise
remove topsoil for sale or for use other than on the premises from
which the same shall be taken, except in connection with the construction
or alteration of a building on such premised and excavation or grading
incidental thereto.
B.
Height. Height of buildings is not explicitly limited by these regulations.
Height may be regulated as part of a special use permit, coordinated
development or other procedure where height regulation achieves a
purpose of such special process.
C.
Area.
(1)
Reduced lot area. No lot shall be so reduced in area that any required
open space will be smaller than that prescribed in the regulations
for the district in which said lot is located.
(2)
Visibility at intersections. On a corner lot in any residence district,
no fence, wall, hedge or other structure or planting more than 2 1/2
feet in height above the surface of the road shall be erected, placed
or maintained within the triangular area formed by the intersecting
street lines at points which are 30 feet distant from the point of
intersection measured along said street lines.
D.
Yards.
(1)
Front yard depth. In any residence district, notwithstanding the
minimum front yard depth required by the schedule of regulations,[1] each dwelling hereafter erected may have a front yard
equal in depth to the average depth of the front yards of the lots
immediately adjacent thereto on either side, but no front yard shall
be less than 20 feet.
[1]
Editor's Note: The schedule is included as an attachment to this chapter.
(2)
Reduction in rear yards. When a lot is less than 100 feet deep at
the time of the passage of these regulations, the rear yard may be
decreased 1/4 of the distance that the lot depth is less than said
100 feet; provided, however, that no rear yard shall be less than
20 feet in depth.
E.
Transition regulations; lots which fall on or adjacent to zone boundaries.
(1)
Lots in two districts. Where a district boundary line divides a lot
in single or joint ownership of record at the time such line is adopted,
the regulations for the less restricted portion of such lot shall
extend not more than 30 feet into the more restricted portion, provided
that the lot has frontage on a street in the less restricted district.
F.
Off-street parking and loading.
(1)
All principal buildings and uses shall provide adequate off-street
parking in accordance with the standards listed below. These standards
are the minimum requirements. The Planning Board may require a greater
number of parking spaces if the nature and scale of a proposed use
warrants such provision.
(a)
One- and two-family dwelling or mobile home: two parking spaces
for every dwelling unit.
(b)
Multiple-family dwelling: three parking spaces for every two
dwelling units.
(c)
Group dwelling: one parking space for every two residents.
(d)
Home occupation: one parking space for every full-time employee,
plus one space for every 300 square feet of space devoted to the use.
(e)
Hotel, motel or tourist home: 1.25 spaces for every guest room.
(f)
Restaurant, bar or tavern: 20 parking spaces for every 1,000
square feet of business area, including kitchen, bar, storage areas,
etc.
(g)
Retail store, personal service shop, bank, professional or business
office or small business operation: one parking space for every 150
square feet of business area.
(h)
Church, theater, club or other area of public assembly: one
space for every three seats. Clubs serving food and beverages will
be required to meet the standards for restaurants/taverns.
(i)
Lumber, feed sales and storage, heating, plumbing, electrical
supplies and repairs, light manufacturing, development or research
center and other such industrial, warehouse, wholesale or bulky retail
uses: three parking spaces for every 1,000 square feet of business
area.
(j)
School, college, municipal building, library, charitable institution and similar uses: one parking space for each full-time employee, including faculty, plus one for every three seats in areas of public assembly. [See Subsection F(1)(h) above.]
(k)
Roadside stand, riding academy, animal hospital or kennel: one
space for each employee, plus a minimum of six additional spaces for
client and/or customer parking.
(l)
Unspecified uses: to be determined by the Town Planning Board.
(m)
Retail store, shop, professional or business office 100,000
square feet or greater: one parking space for every 300 square feet
of business area plus one parking space for each employee on shift.
[Added 11-9-2004 by L.L.
No. 8-2004]
(2)
Additional requirements shall be as follows:
(a)
Every building hereafter erected or occupied for the purpose
of business or industry shall provide a minimum of one off-street
space for loading and unloading of vehicles. As part of any special
use permit review, the Planning Board may require that additional
loading spaces are provided.
(b)
No parking or storage of any unlicensed motor vehicle shall
be permitted in any front yard for more than 10 days in Zoning Districts
R-1, R-2 and R-A. Unlicensed vehicles shall be stored in locations
which provide visual screening from public roads and adjacent properties.
(c)
Parking facilities shall be designed so as to eliminate the
need to back out onto public roads.
(d)
Notwithstanding the above requirements, an observed overload
of parking which causes spillover onto neighboring property or road
rights-of-way more than three times per month shall constitute a violation
of these regulations.
G.
Screening for nonresidential uses. In any case where a commercial
or industrial use shall be contiguous to and abut upon any residence
district boundary or a residence use, conforming or nonconforming,
the Planning Board may require screening on the commercial or industrial
property.
H.
Signs.
[Amended 10-11-1994 by L.L. No. 4-1994; 7-14-1997 by L.L. No. 2-1997]
(1)
Administration.
(a)
Permits. No sign shall be erected, enlarged, reworded, redesigned or structurally altered except in accordance with the provisions of this section and/or a permit issued by the Code Enforcement Officer. Unless specifically waived by the Planning Board according to the design review procedure outlined in Subsection H(1)(b) and (c) below, permits shall be authorized only for signs which conform to these regulations.
(b)
Design review. The Planning Board shall serve as a design review committee. The Planning Board may, upon request of the applicant and after design review and public hearing, authorize a sign not in compliance which complies with at least six of the eight guidelines in Subsection H(6) below.
(c)
Procedure.
[1]
Sign permit applications shall be submitted to the Enforcement
Officer, accompanied by the following plans and information:
[a]
The name, address and telephone number of the owner
or person entitled to possession of the sign and of the sign contractor
or erector.
[b]
The location, by street address, of the proposed
sign structure.
[c]
A site plan showing the location of all existing
and proposed buildings and signs on the property.
[d]
Scale drawings showing the proposed sign, supporting
structure and other pertinent information.
[2]
The Enforcement Officer shall, within 10 working days of the
application, either approve or deny the permit or refer the application
back to the applicant where insufficient information has been furnished.
At the request of the applicant, the Enforcement Officer shall refer
the application to the Planning Board for design review.
[3]
For signs subject to review, the review will be conducted by
the Planning Board at a regular meeting. Prior to the meeting, the
applicant shall submit photographs of his premises and those abutting
on either side. Permit approval or disapproval shall be determined
following the meeting and reported to the Enforcement Officer within
10 working days, unless the applicant requests an extension to facilitate
submittal of additional materials or revised design.
(d)
Fees. Application and hearing fees shall be established and
revised from time to time by the Town Board.
(2)
General regulations.
(a)
Construction standards. All signs shall comply with the New
York State Uniform Fire Prevention and Building Code regarding construction
materials, erection and electrical fixtures.
(b)
Maintenance. All signs shall be maintained in a safe and neat
condition to the satisfaction of the Enforcement Officer and in accordance
with requirements of the New York State Uniform Fire Prevention and
Building Code. Structural damage, missing letters or other deterioration
obscuring content shall be remedied or the sign shall be removed within
60 days. The Enforcement Officer, after a hearing and determination
by the Planning Board, may require removal of any sign found to pose
a hazard to public safety.
(c)
Prohibitions.
[1]
Illumination.
[a]
Signs shall be illuminated only by a light which
is shielded and directed downward at or internal to the sign.
[b]
No illumination shall be permitted which casts
glare onto any residentially used premises or onto any portion of
a road so as to create a traffic hazard.
[c]
No sign shall be illuminated after 11:00 p.m. and
before 7:00 a.m. unless related to a retail store during hours it
is open to the public.
[2]
Location.
[a]
No sign shall be erected at the intersection of
any streets or of a street and driveway in such a manner as to obstruct
free and clear vision or at any location where, by reason of its position,
shape or color, it may interfere with, obstruct the view of or be
confused with any authorized traffic sign, signal or device.
[b]
No signs shall be attached to motor vehicles, trailers
or other movable objects regularly or recurrently located for fixed
display.
(d)
Removal.
[1]
Any sign for a business, service or activity no longer in existence
at a location shall be removed within three months from the date of
discontinuation of the business, service or activity. Any wall, surface
or other area from which any sign is removed shall be restored so
that no remnant of the sign is visible.
(3)
Categories of signs. The following categories of signs are permitted:
(a)
On-premises signs. Attached and/or freestanding indicating the
name and/or profession of the owner or occupant and the street number.
These signs require no sign permit unless indicating a profession
or business.
(b)
Off-premises directional signs. A freestanding sign displaying
the name, logo/brand name and nature of a business establishment or
other operation and designating the location of or the route to the
establishment when not on the road to which the sign is oriented.
The size of these signs shall be two feet vertically by four feet
horizontally. At locations where directions to more than one establishment
are to be provided, all such directional information shall be incorporated
into a single structure. Each business advertised shall have such
space not over eight square feet in area, two feet vertically by four
feet horizontally and stacked no more than three signs high. Signs
may be lighted only by a steady stationary light. Such signs shall
be of metal or fiberglass materials covered with Class A (730-05.01),
Type I, engineer-grade reflective sheeting blue in color (Munsell
Paper Standard 5.8PB1.3 2/6.8). Lettering shall be white letters
no larger than eight inches high or smaller than four inches high
and be in proportion to the composition of the message on the sign
and the speed of the highway upon which located. One sign per business
or other operation shall be permitted on either side of approach to
the operation. Signs may not be located closer than 500 linear feet
apart along the roadway.
(c)
Temporary signs. On-premises temporary signs shall be allowed
following application for permit, provided that they comply with the
following:
[1]
Unless otherwise specified in these regulations, temporary signs
must comply with all applicable requirements for permanent signs.
[2]
Temporary signs not meeting requirements for permanent signs
may, if allowed below, advertise sales, special events or changes
in the nature of an operation but shall not otherwise be used to advertise
a continuing or regularly recurring business operation and shall be
removed promptly when the information they display is out-of-date
or no longer relevant.
[3]
Temporary signs may be displayed for a continuous period not
to exceed 60 days in a six-month period.
[4]
Renewal or repetitious permits or extensions of temporary sign
permits will be subject to approval by the Town Planning Board in
regular session.
(d)
Bulletin boards. A bulletin board on the premises of a public,
charitable or religious institution Bulletin Boards at or under eight
square feet in area require no sign permit.
(e)
Memorial sign or tablet. A memorial sign or tablet indicating
the name of the building and/or date of erection, if not exceeding
2% of the area of the wall to which it is attached and if carved into
or attached in such way as to be an integral part of the building
and without separate illumination; requires no sign permit.
(4)
Permitted signs. Usage of signs in various zoning districts shall
be as follows:
(a)
All districts. The following signs are allowed in all zoning
districts:
[1]
On-premises signs. One sign, either attached or freestanding,
indicating only the name and/or profession of the owner or occupant
and the street number. Unless otherwise specified in this regulation,
the size of on-premises signs shall be no greater than 50 square feet.
[2]
Off-premises directional signs. One sign per business or other
operation shall be permitted on either side of approach to the operation.
Signs may not be located closer than 500 linear feet apart along the
roadway.
[3]
Temporary signs. One each of not more than 12 feet in area erected
for a charitable or religious cause.
[4]
Other special cases. On premises, one but not more than one
of the following:
[a]
A temporary sign not larger than eight square feet
in area to advertise sales or special events requires no sign permit.
[b]
An unlighted real estate sign not larger than eight
square feet in area advertising the sale, rental or lease of the premises
or subdivision on which it is erected, no sign permit is required.
[c]
An unlighted sign indicating the name and address
of the parties involved in construction on the premises for the duration
of the construction requires no sign permit.
[d]
For a development of six or more lots or dwelling
units, a real estate sign not larger than 25 square feet at each visible
street entrance to the development from a prior existing road requires
no sign permit.
[5]
Political signs. Political signs may be emplaced on any premises
with permission of the owner and requires no special use permit. Such
political signs must be removed within seven days of the election.
[6]
Bulletin boards. One bulletin board as described above per institution.
[7]
Memorial sign or tablet. One sign or tablet as described above.
(b)
Residential zoning districts. In residential districts (R-1,
R-2 and R-A), additional permitted signs shall be as follows: a single
sign, either attached or freestanding, oriented to each street on
which the premises abut, each such sign not to exceed 10 square feet
in area, indicating the nonresidential principal use or uses of the
premises.
(c)
Other zoning districts. In other districts (C-C, H-D and C-D),
additional permitted signs shall be as follows:
[1]
Permanent attached signs. Signs attached to a building or visible
through its windows, whether wall, projecting or roof signs, are permitted
as follows:
[2]
Permanent freestanding signs. Signs (other than temporary signs)
wholly separated from the ground, not attached to a building, are
permitted as follows:
[a]
Number: one for each street the premises abut.
[b]
Area: not to exceed 50 square feet in the C-C District
or 100 square feet in the H-D and C-D Districts.
[c]
Location: not within a required side or rear yard
or within 15 feet of a front lot line or extending more than 20 feet
above adjoining ground level.
[d]
Visibility. Every freestanding sign placed within
30 feet of the curbline of intersecting streets and driveways shall
have an open space of at least eight feet from the ground to the base
of the sign.
[3]
Temporary signs. Temporary signs, in addition to signs allowed under Subsection H(3)(c)[1], are permitted only if unlighted inside of windows, and they require no sign permit.
(5)
Nonconforming signs. Existing signs which are not in compliance with
the provisions of these regulations as of the effective date of this
chapter shall be considered nonconforming signs. Provided that such
signs were erected in compliance with the 1973 Town Zoning Regulations,
they may be retained; however, any alteration or replacement of such
signs must be in compliance with the requirements of these regulations.
Any sign no longer in use shall be removed.
(6)
Design guidelines. Any applicant who wishes to erect, enlarge, reword,
redesign or structurally alter a sign in a manner which does not conform
to the specific requirements of these regulations may apply to the
Planning Board for design review. The Planning Board may authorize
issuance of a permit for a nonconforming sign after public hearing
and design review only if it finds that at least six of the following
eight design guidelines are met:
(a)
Sign scale is appropriate in relation to development scale,
viewer distance and travel speed and sign sizes on nearby structures.
(b)
Sign size, shape and placement serves to define or enhance such
architectural elements of the building as columns, sill lines, cornices
and roof edges and not to interrupt, obscure or hide them.
(c)
Sign design is not wholly discontinuous with other signage on
the same or adjacent structures, providing continuity in mounting
location and height, proportions, materials or other important qualities.
(d)
Sign materials, colors, lettering style and form are compatible
with building design and use.
(e)
Sign content doesn't overcrowd background (normally not exceeding
40% of background area).
(f)
Sign legibility isn't impaired by excessive complexity, multiple
lettering styles or colors or other distracting elements.
(g)
Signs do not display brand names, symbols or slogans of nationally
distributed products, except in cases where the majority of the floor
or lot area on the premises is devoted to manufacture, sale or other
processing of that specific product.
(h)
Signs do not contain selling slogans, product descriptions,
help-wanted notice or other advertising which is not an integral part
of the name or other identification of the location or the enterprise.
I.
Solar access. All new buildings and structures shall be designed
and located so as to preserve the solar access of adjoining properties.
J.
State environmental quality review (SEQR).
(1)
The State Environmental Quality Review Act requires that local governments examine the environmental impact of all actions they permit, fund or construct. Article 8 and Part 617 of Title 6 of the New York Codes, Rules and Regulations are hereby adopted by reference. Refer to Chapter 148 for additional SEQRA regulations and requirements.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
A permitted building or use may be constructed or located on any
lot of record which was created prior to March 13, 1973, in any district,
even if said lot does not meet the minimum lot area and lot width
requirements for said use in the district in which it is located,
provided that the following conditions exist or are met:
(1)
The owner of said lot owns no adjoining unimproved land which would
create a conforming lot if combined with the lot which is deficient
in area or width.
(2)
Any building or use located on a nonconforming lot shall have front,
side and rear yards conforming to the minimums required for the district
in which said lot is located, except as may be otherwise approved
by the Board of Appeals according to the variance process elsewhere
provided for under these regulations.
(3)
Adequate provision for water supply and sewage disposal in conformance
with New York State Department of Health standards can and will be
made on-site.
B.
The lawful use of any land or principal or accessory building or
use requiring a permit under these regulations and existing on the
effective date of these regulations may be continued although such
building or use does not conform to the provisions of these regulations,
subject to the following:
(1)
A building or use nonconforming as to location shall not be extended,
expanded or altered in any way that will extend or further aggravate
the nonconforming features.
(2)
An accessory building or use to a nonconforming situation shall not
be expanded or extended beyond the dimension, configuration or extent
of occupation as of the effective date of these regulations in any
manner that would extend or further aggravate the nonconforming situation.
(3)
A building or use nonconforming as to use shall not be extended,
expanded or altered during its life to an extent exceeding in aggregate
50% of the size of such building or use on the effective date of these
regulations, unless such building or use is changed to conform to
these regulations.
(4)
A nonconforming use may be changed to another nonconforming use only
upon a determination by the Board of Appeals, according to the variance
procedure, that the proposed use is equally or more closely conforming
to the requirements of the applicable zoning district.
(5)
Whenever a nonconforming agricultural operation has been discontinued
for a period of five years or whenever any other nonconforming use
has been discontinued for a period of three years or more, any future
use shall be in conformity with the provisions of these regulations.
(6)
A nonconforming building or use which has been damaged by fire or
other natural causes may be restored, reconstructed or used as before,
provided that the bulk, height and area requirements shall not exceed
that which existed before said damage. Said restoration must be completed
and a certificate of compliance issued within one year of such occurrence;
except as application may be made to and considered by the Board of
Appeals, which Board may, for due cause shown, authorize such extension
as it may determine appropriate within which to complete the project
and obtain the certificate of compliance.
(7)
Any building or use for which a permit has been lawfully granted
and on which construction has been started and diligently prosecuted
before the effective date of these regulations may be completed, provided
that the building or use shall be completed and a certificate of compliance
issued within one year from such effective date; except as application
may be made to and considered by the Board of Appeals, which Board
may, for due cause shown, authorize such extension as it may determine
appropriate within which to complete the project and obtain the certificate
of compliance.
