Except as hereinafter provided, the following general provisions shall apply to land use and development in the Town of Dryden:
A.
No land or structure shall hereafter be used or occupied and no structure or part thereof shall hereafter be enlarged or its use altered unless such action is in conformance with all the regulations specified for the zone in which said action occurs, any special regulations applicable thereto, and the provisions of this chapter.
B.
Until such time as public water and/or sewer facilities are available, the Tompkins County Health Department standards for minimum lot size shall take precedence over any less restrictive provisions of this chapter except as may be provided in Chapter 240, Subdivision of Land.
C.
No lot shall hereafter be reduced or altered so as to result in a lot that does not meet the minimum lot area or yard requirements prescribed by this chapter.
D.
No yard provided for any structure for the purpose of complying with the provisions of this chapter shall be considered as providing a yard for any other structure.
E.
Public utility facilities (including electric, gas, telephone and television cable) and necessary appurtenances thereto, shall be allowed uses in all zones by special use permit.
F.
The provisions of this chapter shall not be in conflict with Chapter 240, Subdivision of Land, and the most restrictive provisions shall apply.
G.
Waiver or modification of lot requirements during site plan review approval.
(1)
To encourage development, or redevelopment, as the case may be, the Town Board reserves the right to waive or modify, upon a determination as herein provided, the area and bulk requirements pertaining to the dimensions of a lot, set forth in Article VI. An applicant requesting a waiver or modification of lot requirements must demonstrate by clear and convincing evidence that, to the maximum extent practicable, the proposed development complies with the Residential and/or Commercial Development Guidelines.
(2)
In reaching a determination whether the applicant has, to the maximum extent practicable, complied with the applicable Design Guidelines, the Town Board shall consider:
(a)
The recommendations of the Planning Department and the Planning Board;
(b)
The scope of the proposed development, including number of new lots;
(c)
Minimization of new public infrastructure;
(d)
Maximization of permanently preserved open space; and
(e)
Utilization of techniques designed to enhance public safety, environmental quality, property values, economic opportunity, Town character as expressed in the Town's 2005 Comprehensive Plan, and the overall quality of life for all Town residents.
(3)
The Town Board shall hold a public hearing on any application to waive or modify lot requirements under this subsection, and the provisions of Town Law § 265 shall apply.
(4)
In reaching a determination about whether to waive or modify any of the above-mentioned area and bulk lot requirements, the Town Board shall make detailed findings of fact and conclusions based on the application, the recommendations of the various reviewers, the public hearing and the standards herein set forth.