In order to regulate growth and development in the Town of Sardinia, no land shall be used or no land use or accessory use shall be established on any lot except in accordance with the list of permitted uses, the district regulations for such uses and supplemental regulations established in the other sections of this chapter. For each zoning district enumerated in §
115-14, the following regulations are established to list permitted uses for each district; permitted accessory uses; the minimum land area required; the location of buildings and structures; maximum allowable heights of structures and maximum permitted densities.
The intent of the AR Agricultural-Residential District is to
encourage the use of land that for agrarian purposes and to limit
the density and location of residential development within the district
to preserve existing agrarian practices and to protect prime farmland
soils for future agrarian purposes.
A. Permitted structures and uses.
(1) Principal uses.
(a)
Agricultural uses and structures to support such uses.
(b)
Commercial keeping of agricultural animals.
(e)
Forestry (without milling operations).
(g)
Plant nurseries/greenhouses.
(i)
Single-family dwellings, attached single-family dwellings (townhomes
and two-family dwellings).
[Amended 6-9-2011 by L.L.
No. 2-2011]
(k)
Mined Land Overlay District. Sand, clay and gravel mines are
permitted uses within the overlay district set forth in the attached
map, provided that the property owner obtains a New York State Department
of Environmental Conservation mining permit where conditions set by
the New York State Department of Environmental Conservation or by
declarations of restrictions recorded with the Erie County Clerk by
the property owner require as follows:
[Added 12-13-2012 by L.L.
No. 3-2012]
[1]
Concurrent reclamation to the maximum extent possible; and
[2]
Mitigation for the loss of prime farmland as a result of mining
and reclamation shall proceed on an acre-for-acre basis as prime farmland
is permanently removed from production. For every acre permanently
removed from production, another off site must be benefitted or improved
within one year from said removal. Said mitigation shall be located
in the Town of Sardinia. Acceptable mitigation methods shall include,
but not be limited to, assisting Town of Sardinia farmers by offering
grading, drainage and erosion control improvements with machinery,
personnel or funds or securing development rights and conservation
easements on other properties. Holder of mining permit to submit to
the Sardinia Town Board, Sardinia Planning Board and Sardinia Town
Clerk, to be available for public review, a summary of mitigation
projects accepted by Erie County Soil and Water Conservation District,
including locations, acreages and methods.
(l) Tier 1 solar energy systems.
[Added 5-13-2021 by L.L. No. 1-2021]
(m) Tier 1 battery energy storage systems.
[Added 5-13-2021 by L.L. No. 2-2021]
(2) Principal uses by Town Board special use permit or Zoning Board of
Appeals permission (as shown by ZBA).
(a)
Commercial riding stables/equestrian facilities.
(b)
Nursing home/assisted living facility.
(e)
Private storage building not accessory to a dwelling. (ZBA special
permit).
(f)
Tier 3 solar energy systems.
[Added 1-12-2017 by L.L.
No. 1-2017; amended 5-13-2021 by L.L. No. 1-2021]
(g) Tier 4 solar energy systems.
[Added 5-13-2021 by L.L. No. 1-2021]
(h) Tier 2 battery energy storage systems.
[Added 5-13-2021 by L.L. No. 2-2021]
(3) Accessory uses by Zoning Board of Appeals special use permit.
(a)
Home-based business as defined by this chapter.
(4) Accessory uses permitted as of right.
(a)
Customary agricultural accessory uses/structures (excluding
windmills).
(b)
Noncommercial keeping of agricultural animals as regulated by
this chapter, including a stable for such animals.
(c)
Accessory home office as defined in this chapter.
(d)
Roadside stand not to exceed 200 square feet in area. Initial
location to be approved by the Building Department, stand to be removed
at the end of each growing season.
(e)
Accessory sales to plant nurseries/greenhouses, limited to 1,000
square feet maximum.
(f)
Storage building for personal belongings, detached garage accessory
to single-family dwelling or seasonal cottage, shed, pool house or
gazebo, providing the cumulative area of all such accessory structures
does not exceed 100% of the perimeter area of the principal dwelling.
(g)
Tier 2 solar energy systems.
[Added 1-12-2017 by L.L.
No. 1-2017; amended 5-13-2021 by L.L. No. 1-2021]
(i)
Other customary accessory uses.
(5) Yard, bulk, lot area and height requirements. See "Schedule of Yard,
Bulk, Lot Area and Heights" in appendix for required building setbacks, maximum densities, minimum
lot areas, minimum lot widths and maximum building and/or structure
heights.
The intent of the HR-Hamlet Residential District is to provide
for land areas devoted for infill residential development within the
Town's two established hamlets, encouraging residential development
around the Town's centers away from agrarian practices and prime farmland
soils with a maximum density of one dwelling unit per 20,000 square
feet of land area.
A. Permitted structures and uses.
(1) Principal uses.
(b)
Attached single-family dwellings (townhomes and two-family dwellings).
[Amended 6-9-2011 by L.L.
No. 2-2011]
(c)
Multifamily dwellings (apartments).
[Amended 6-9-2011 by L.L.
No. 2-2011]
(d) Tier 1 solar energy systems.
[Added 5-13-2021 by L.L. No. 1-2021]
(e) Tier 1 battery energy storage systems
[Added 5-13-2021 by L.L. No. 2-2021]
(2) Accessory uses by Zoning Board of Appeals special use permit.
(a)
Home-based business as defined by this chapter.
(b)
Tier 2 solar energy systems.
[Added 5-13-2021 by L.L. No. 1-2021]
(c)
Tier 3 solar energy systems.
[Added 5-13-2021 by L.L. No. 1-2021]
(d)
Tier 4 solar energy systems.
[Added 5-13-2021 by L.L. No. 1-2021]
(e) Tier 2 battery energy storage systems
[Added 5-13-2021 by L.L. No. 2-2021]
(3) Accessory uses permitted as of right.
(a)
Shed, pool house, gazebo or swimming pool.
(b)
Detached garage accessory to single-family dwelling or dwelling
groups, limited to a maximum of 50% of principal dwelling floor area.
(c)
Community meeting rooms/recreation buildings accessory to dwelling
groups.
(d)
Accessory home office as defined in this chapter.
(e)
Roof-mounted solar energy system as regulated by this chapter.
[Added 1-12-2017 by L.L.
No. 1-2017]
(f)
Ground-mounted solar energy system as regulated by this chapter.
[Added 1-12-2017 by L.L.
No. 1-2017]
(g)
Other customary accessory uses.
(4) Yard, bulk, lot area and height requirements: See "Schedule of Yard,
Bulk, Lot Area and Heights" in appendix for required building setbacks, maximum densities, minimum
lot areas, minimum lot widths and maximum building and/or structure
heights.
The intent of the HB-Hamlet Business District is to provide
land area for mixed-use commercial and residential development consistent
with traditional neighborhood design. Development which is pedestrian
in scale and consistent with the historic and visual character of
the Town's two hamlets.
A. Permitted structures and uses.
(1) Principal uses.
(a)
Administrative/medical offices.
(b)
Assembly hall/meeting room.
(d)
Beauty, barber and personal care.
(f)
Cafe, restaurant or coffee shop.
(g)
Child/adult day-care centers.
(i)
Fitness or athletic club.
(j)
Hardware store/building supply (20,000 square feet maximum).
(l)
Nightclub, bar or tavern.
(m)
Nursing home/assisted living center.
(n)
Retail sales (20,000 square feet maximum).
(p)
Attached single-family dwellings (townhomes and two-family dwellings).
[Amended 6-9-2011 by L.L.
No. 2-2011]
(q)
Multifamily dwellings (apartments).
[Amended 6-9-2011 by L.L.
No. 2-2011]
(r) Tier 1 solar energy system.
[Added 5-13-2021 by L.L. No. 1-2021]
(s) Tier 1 battery energy storage systems
[Added 5-13-2021 by L.L. No. 2-2021]
(2) Accessory uses.
(a)
Second-story residential uses accessory to first-story business.
(b)
Exterior display of product as regulated by this chapter.
(c)
Exterior dining as regulated by this chapter.
(d)
Signs as regulated by this chapter.
(e)
Parking, stacking and loading areas as regulated by this chapter.
(f)
Tier 2 solar energy system.
[Added 1-12-2017 by L.L.
No. 1-2017; amended 5-13-2021 by L.L. No. 1-2021]
(g)
Tier 3 solar energy system.
[Added 1-12-2017 by L.L.
No. 1-2017; amended 5-13-2021 by L.L. No. 1-2021]
(h)
Other customary accessory uses.
(i)
Tier 4 solar energy system.
[Added 5-13-2021 by L.L. No. 1-2021]
(j) Tier 2 battery energy storage systems
[Added 5-13-2021 by L.L. No. 2-2021]
(3) Yard, bulk, lot area and height requirements. See "Schedule of Yard,
Bulk, Lot Area and Heights" in appendix for required building setbacks, maximum densities, minimum
lot areas, minimum lot widths and maximum building and/or structure
heights.
The intent of the LC-Limited Commercial District is to provide
for land areas devoted to commercial use, adjacent to those portions
of the Town's regional arterial highways which can accommodate commercial
development on sites that do not pose constraints due to steep slopes
or sites, which do not pose potential traffic safety hazards to vehicular
users of the regional arterial highways.
A. Permitted structures and uses.
(1) Principal uses.
(a) Administrative/medical offices.
(b) Assembly hall/meeting room.
(d) Beauty, barber and personal care.
(f) Cafe, restaurant or coffee shop.
(g) Campground.
[Added 6-9-2011 by L.L.
No. 2-2011]
(h) Child/adult day-care centers.
(i) Convenience store, shopping center/supermarket and other retail sales.
(j) Fitness or athletic club, indoor recreational sports.
(l) Furniture, floor covering store, hardware store/building supply.
(n) Indoor entertainment, bowling alley, movie theaters.
(q) Laundromat, dry cleaners.
(s) Nightclub, bar or tavern.
(t) Nursing home/assisted living center.
(u) Printing, publishing and engraving facilities.
(y) Tier 1 solar energy systems.
[Added 5-13-2021 by L.L. No. 1-2021]
(z) Tier 1 battery energy storage systems
[Added 5-13-2021 by L.L. No. 2-2021]
(2) Principal uses by Town Board special use permit.
(c)
Building trades, contractor's office and storage yard.
(f)
Communication facilities.
(g)
Farm equipment sales and accessory service.
(i)
Laboratories for research, testing, and product development.
(j)
Miniature golf, golf driving range and commercial outdoor recreational
sports.
(k)
Motor vehicle repair shop.
(l)
New and used auto sales and accessory service.
(m)
Petroleum sales/convenience.
(n)
Recreational vehicle sales.
(o)
Truck, trailer sales and rental.
(p)
Tier 3 solar energy systems.
[Added 5-13-2021 by L.L. No. 1-2021]
(q)
Tier 4 solar energy systems.
[Added 5-13-2021 by L.L. No. 1-2021]
(r) Tier 2 battery energy storage systems
[Added 5-13-2021 by L.L. No. 2-2021]
(3) Accessory uses.
(a)
Exterior display of product as regulated by this chapter.
(b)
Exterior dining as regulated by this chapter.
(c)
Exterior storage as regulated by this chapter.
(d)
Signs as regulated by this chapter.
(e)
Parking, stacking and loading areas as regulated by this chapter.
(f)
Tier 2 solar energy systems.
[Added 1-12-2017 by L.L.
No. 1-2017; amended 5-13-2021 by L.L. No. 1-2021]
(h)
Other customary accessory uses.
(4) Yard, bulk, lot area and height requirements: See "Schedule of Yard,
Bulk, Lot Area and Heights" in appendix for required building setbacks, maximum densities, minimum
lot areas, minimum lot widths and maximum building and/or structure
heights.
The intent of the BL-Business-Light Industrial District is to
provide for land areas which allow for the mix of commercial and light
manufacturing uses along the Town's regional arterial highways, where
existing commercial and light manufacturing land uses are currently
concentrated, and which benefit from adjacent regional transportation
corridor.
A. Permitted structures and uses.
(1) Principal uses.
[Amended 2-21-2007 by L.L. No. 1-2007; 6-9-2011 by L.L. No. 2-2011]
(a) Administrative/medical offices.
(b) Assembly hall/meeting room.
(d) Beauty, barber and personal care.
(e) Building trades, contractor's office with storage yard.
(f) Cafe, restaurant or coffee shop.
(h) Child/adult day-care centers.
(i) Convenience store, department or discount store, shopping.
(j) Center/supermarket and retail sales.
(k) Facility permitted by the New York State Department of Environmental
Conservation for the recapture of methane gas for beneficial reuse
or to provide a mechanism to recapture at a solid waste landfill,
whether preexisting or permitted by special exception under this chapter.
(l) Farm equipment sales and accessory service.
(m) Fitness or athletic club, indoor recreational sports.
(p) Furniture, floor covering store, hardware store/building supply.
(r) Indoor entertainment, bowling alley, movie theaters.
(t) Laboratories for research, testing, and product development.
(v) Laundromat, dry cleaners.
(y) Mixed-use developments/planned unit developments (PUD).
(z) Nightclub, bar or tavern.
(aa) Nursing home/assisted living center.
(bb) Printing, publishing and engraving facilities.
(cc) Recreational vehicle sales.
(dd) Single-family dwellings, attached single-family dwellings (townhomes
and two-family dwellings) and multifamily dwellings (apartments) when
part of a planned unit development.
(gg) Warehousing/distribution.
(ii) Tier 1 solar energy systems.
[Added 5-13-2021 by L.L. No. 1-2021]
(jj) Tier 1 battery energy storage systems
[Added 5-13-2021 by L.L. No. 2-2021]
(2) Principal uses by Town Board special use permit.
(a)
Auto lease, rental.
[Added 6-9-2011 by L.L.
No. 2-2011]
(b)
Car wash, detail shop.
[Added 6-9-2011 by L.L.
No. 2-2011]
(d)
Cement and cement products manufacturing (excluding extraction
or mining).
(e)
Communication facilities.
(g)
Miniature golf, golf driving range and commercial outdoor recreational
sports.
(h)
Motor vehicle repair shop.
(i)
New and used auto sales and accessory service.
(j)
Open storage yards for distribution of previously prepared products.
(k)
Petroleum sales/convenience.
(l)
Solid waste landfill as regulated by NYSDEC.
(n)
Truck, trailer sales and rental.
(o)
Tier 3 solar energy systems.
[Added 5-13-2021 by L.L. No. 1-2021]
(p)
Tier 4 solar energy systems.
[Added 5-13-2021 by L.L. No. 1-2021]
(q) Tier 2 battery energy storage systems
[Added 5-13-2021 by L.L. No. 2-2021]
(3) Accessory uses.
(a)
Exterior display of product as regulated by this chapter.
(b)
Exterior dining as regulated by this chapter.
(c)
Exterior storage as regulated by this chapter.
(d)
Signs as regulated by this chapter.
(e)
Parking, stacking and loading areas as regulated by this chapter.
(f)
Tier 2 solar energy system.
[Added 1-12-2017 by L.L.
No. 1-2017; amended 5-13-2021 by L.L. No. 1-2021]
(h)
Other customary accessory uses.
(4) Yard, bulk, lot area and height requirements: See "Schedule of Yard,
Bulk, Lot Area and Heights" in appendix for required building setbacks, maximum densities, minimum
lot areas, minimum lot widths and maximum building and/or structure
heights.
The intent of the GCF-Government-Community Facilities District
is to designate land areas for public and semipublic facilities, including
governmental, religious, educational, protective and other civic facilities,
in order to ensure the proper location of such facilities in relation
to transportation and other land uses within the Town, compatibility
of such facilities with adjacent development and proper site design
and land development.
A. Permitted uses.
(1) Principal structures and uses.
(a)
Cemeteries, including mausoleums, provided that mausoleums shall
be a distance of at least 200 feet from any adjoining residence district.
(b)
Colleges, universities, technical and theological schools, including
their buildings owned or leased for administrative and faculty offices,
classrooms, laboratories, chapels, auditoriums, lecture halls, libraries,
student and faculty centers, athletic facilities, dormitories, fraternities
and sororities, and multifamily apartment dwellings for housing students
or staff members.
(d)
Governmental structures and uses.
(e)
Human health care institutions providing inpatient care.
(f)
Not-for-profit institutions providing care and protection of
persons.
(i)
Public utility stations and exchanges.
(j)
Other civic uses, including museums, libraries, senior centers,
youth centers, places for public assembly, fraternal organizations,
private clubs and civic associations.
(k)
Tier 1 solar energy systems.
[Added 5-13-2021 by L.L. No. 1-2021]
(l) Tier 1 battery energy storage systems
[Added 5-13-2021 by L.L. No. 2-2021]
(2) Accessory uses.
(a)
Uses customarily accessory to the above uses.
(b)
Signs as regulated by this chapter.
(c)
Parking, stacking and loading areas as regulated by this chapter.
(d)
Private schools and day-care centers as regulated by New York
State accessory to a place of worship.
(e)
Tier 2 solar energy systems.
[Added 1-12-2017 by L.L.
No. 1-2017; amended 5-13-2021 by L.L. No. 1-2021]
(f)
Tier 3 solar energy systems.
[Added 1-12-2017 by L.L.
No. 1-2017; amended 5-13-2021 by L.L. No. 1-2021]
(g) Tier 2 battery energy storage systems
[Added 5-13-2021 by L.L. No. 2-2021]
(3) Yard, bulk, lot area and height requirements: See "Schedule of Yard,
Bulk, Lot Area and Heights" in appendix for required building setbacks, maximum densities, minimum
lot areas, minimum lot widths and maximum building and/or structure
heights.
The intent of the PR-Parks, Recreation and Conservation District
is to provide for land areas within the Town that are devoted to public
and private recreational open space for passive/active recreational
purposes and the conservation of natural resources.
A. Permitted uses.
(1) Principal structures and uses.
(b)
Natural and passive recreational parks.
(c)
Conservation open spaces.
(d)
Campground.
[Added 6-9-2011 by L.L.
No. 2-2011]
(e) Tier 1 solar energy system.
[Added 5-13-2021 by L.L. No. 1-2021]
(f) Tier 1 battery energy storage systems
[Added 5-13-2021 by L.L. No. 2-2021]
(2) Principal uses by Town Board special use permit.
(a)
Fishing, hunting, trapping and game preserves.
(c)
Ski resorts/winter recreation activity centers.
(d)
Tier 2 solar energy systems.
[Added 5-13-2021 by L.L. No. 1-2021; amended 4-14-2022 by L.L. No. 1-2022]
(3) Accessory uses.
(a)
Uses customarily accessory to the above uses.
(b)
Signs as regulated by this chapter.
(c)
Parking, stacking and loading areas as regulated by this chapter.
(d)
Tier 2 solar energy systems.
[Added 1-12-2017 by L.L.
No. 1-2017; amended 5-13-2021 by L.L. No. 1-2021]
(4) Yard, bulk, lot area and height requirements: See "Schedule of Yard,
Bulk, Lot Area and Heights" in appendix for required building setbacks, maximum densities, minimum
lot areas, minimum lot widths and maximum building and/or structure
heights.
[Amended 6-9-2011 by L.L.
No. 2-2011]
The location of the Prime Farmland Soils Overlay (PFO) District
is as shown on the Overlay District Map which is a supplement to the
Official Zoning Map. Field evidence by a qualified soil scientist
may be considered by the Planning Board when the accuracy of the PFO
District boundary is disputed.
The following uses, if also permitted by the underlying zoning
district, shall be the uses permitted within the PFO District, unless
restricted by the regulations of the Conservation Protection Overlay
(CPO) District as stated elsewhere in this article.
A. Agricultural uses listed as permitted in the AR-Agricultural-Residential Zoning District pursuant to §
115-19 of this chapter, and within other primary zoning districts regardless of the underlying zoning district.
B. Commercial, nonagricultural uses listed as permitted in the underlying
zoning district with consideration given for the preservation of such
lands which are actively utilized for agrarian purposes. Consideration
by the Town to preserve such actively used prime farmland soils may
include:
(1) The preservation of such lands through purchase of conservation easements
from willing sellers.
(2) The use of creative development designs which maximize the preservation
of prime farmland soils.
(3) The allocation of open space as required in the landscaping provisions
of this chapter as a means to preserve actively utilized prime farmland
soils.
C. Nonagricultural residential single-family homes and seasonal cottages
listed as permitted in the underlying zoning district, providing that
the number of such residential single-family homes or seasonal-use
cottages shall be based on the following sliding scale density table
shown below, and based on the size of the original tract of land at
the time of adoption of this chapter.
D. A density bonus of four times the allowable density shall be permitted
if the landowner divides his/her original tract consistent with an
open space development design and such lots for the dwelling units
do not exceed one acre. The open space preserved with a density bonus
must be placed within a conservation easement, or such open space
is deed-restricted, limiting all future uses in perpetuity to agricultural
uses. The density bonus shall only apply to that acreage of the original
tract which is within the Prime Farmland Soils Overlay (PFO) District.
Density Bonus Table:
|
---|
Size of Original Tract and/or Acres of Original Tract Within
PFO
|
Dwellings Permitted
|
Dwellings With Bonus Incentive
|
---|
1 but less than 5
|
1
|
N/A
|
5 but less than 15
|
2
|
8
|
15 but less than 35
|
3
|
12
|
35 but less than 65
|
4
|
16
|
65 but less than 105
|
5
|
20
|
105 but less than 145
|
6
|
24
|
145 but less than 185
|
7
|
28
|
185 but less than 225
|
8
|
32
|
Over 225
|
1 per 25 acres
|
4 times number of dwellings permitted
|