Area and Bulk Requirements: Nonagricultural/Nonresidential
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Overlay zone
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Lot size
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Front/street fronting side setback*
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Interior side setback
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Rear setback
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Building height (max)**
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Lot building coverage (max)
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Lot landscape/open area coverage ***
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IV-C
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> 30,000'2
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> 30'
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> 20'
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> 40'
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< 40'
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< 30%
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> 30%
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IV-T
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> 30,000'2
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> 40'
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> 40'
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> 50'
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< 38'
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< 20%
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> 50%
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*
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Exceptions for yard encroachments in § 270-224 apply.
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Building height is the vertical distance from the average ground
level of the building to the highest roofline point. Building height
does not include chimneys, steeples, cupolas, parapet or equipment
screening structures, solar panels, stair enclosures, rooftop patios,
antennas, or other similar features that project above the roofline.
Maximum height requirements do not apply to buildings and other structures
used for agriculture.
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***
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Remaining lot area outside the footprint of all buildings and
structures; parking areas and driveways/drive aisles; outdoor storage;
service and utility areas; decks, patios and pads; and similar areas.
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• = use not allowed
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IV-C overlay
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IV-T overlay
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LDR
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NC
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LI
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AG
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LDR
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1) Bed-and-breakfast
(See definition in § 270-5).
Conditions:
• Requirements for the use in the base zone apply.
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2) Hotel/motel/inn
Facility with > 4 guest rooms for overnight
stays by paying guests.
Conditions:
• Requirements for the use in the base zone apply.
• Guest rooms in the IV-C overlay: < 60.
• * Guest rooms in the IV-T overlay: < 10.
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• = use not allowed
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IV-C overlay
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IV-T overlay
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LDR
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NC
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LI
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AG
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LDR
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1) Adult entertainment business
(See definition in Town Code Chapter 100: Adult Uses.)
Conditions:
• Must meet all applicable requirements of § 270-145, including location criteria.
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2) Companion animal services
Any of these uses.
• Veterinarian or animal physical therapy.
• Dog/cat/small animal grooming.
• Dog/cat/small animal day care.
• Dog obedience, behavioral, conformation, or agility/sports
training.
Conditions:
• Gross floor area in the LDR zone: < 5,000'2, with special permit approval.
• * Gross floor area in the NC and LI zones: < 5,000'2; or < 7,500'2 with special
permit approval.
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3) Day care center
Any of these services to unrelated children or adults in a protective
setting.
• Child day care (18 NYCRR Subpart 418-1), small day care
(18 NYCRR Subpart 418-2), school-aged child care (18 NYCRR Part 414).
• Adult day health care (10 NYCRR Part 425), social adult
day care (9 NYCRR § 6654.20).
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4) Personal services: health/fitness
Facility and equipment for exercise and physical fitness. (Examples:
health/fitness club, gymnasium, cycling/circuit training studio, personal
trainer, yoga studio, day spa, martial arts studio.)
Conditions:
• Gross floor area: < 5,000'2 in the IV-C overlay, and < 2,500'2 in the IV-T overlay.
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5) Professional office
Professional, administrative, clerical, outpatient medical or
allied health care, design, or technical service. Includes government
offices.
Conditions:
• Gross floor area: < 2,500'2.
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6) Restaurant/cafe/bar
Preparing or serving meals or drinks to customers onsite or
delivery offsite.
Conditions:
• Gross floor area: < 5,000'2
• Must not have a drive-through window.
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7) Retail and service: general●
Sale or rental of a physical product to the public, or providing
a service to customers onsite. It does NOT include display, sale,
lease, rental, servicing, repair, cleaning, fueling, or modification
of:
• Motor vehicles,
trailers, motorcycles, powersports equipment, recreational vehicles,
utility vehicles, or similar items; or related parts or accessories.
• Bulk or loose
lumber, bricks, cladding, mulch, soil, gravel, and similar raw or
finished materials.
It also does NOT include
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This use does not exclude uses allowed as small scale commercial
uses (see 8 below).
Conditions:
• Gross floor area in the LDR zone: < 5,000'2, with special permit approval.
• * Gross floor area in the NC and LI zones: < 5,000'2; or > 7,500'2 with special permit
approval.
• Must not have a drive-through window.
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8) Small scale commercial
Specific retail or service use that help shape and reinforce
the Comprehensive Plan's vision for the Inlet Valley area. These uses
are:
Industrial arts studio, where people make art or artisanal
products by hand; using handheld or tabletop/benchtop tools, or similar
small footprint machine tools or 3D printers; and display and sell
it onsite. (Examples: metal and wood sculptures, glass blowing, ceramics.
Machine shops, and uses related to building or mechanical trades,
are NOT industrial arts studios.)
(Note: the IV-C overlay allows these uses under the restaurant/cafe/bar
or retail and service: general categories.)
Conditions:
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9) Retail plant nursery
Retail sale of plants, and related home garden equipment supplies
and accessories, to the general public.
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10) Retreat/event venue
Use of land and designated structures for gatherings or events
(examples: wedding, private party, fundraiser event, training event,
conference reception).
Conditions:
• Indoor event space gross floor area: < 6,000'2.
• This use needs site plan and special permit review. (Site
plan and special permit review are not needed for each event.)
• * In the IV-T overlay zone, this use is allowed only
on a site that is listed or eligible for listing in a national or
state registry of historical building, with frontage and access on
Elmira Road. Any new buildings or structures for the use must be contextually
compatible with and subordinate to existing listed or eligible buildings
on the site.
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11) Winery/distillery/brewery/cidery
Winery, distillery, brewery, or cidery, sales of product made
onsite, and related tasting rooms.
Conditions:
• Gross floor area: < 10,000'2.
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• = use not allowed
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IV-C overlay
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IV-T overlay
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LDR
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NC
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LI
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AG
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LDR
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1) Industrial use: low impact
Manufacture mostly from previously prepared materials, preparation,
processing, or repair of products for distribution or sale; with no
detectable offsite impacts.
Conditions:
• Gross floor area: < 5,000'2.
• * Gross floor area may be 5,000'2 to 15,000'2 with special permit approval.
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IV-C overlay
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IV-T overlay
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LDR
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NC
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LI
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AG
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LDR
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1) Community workshop
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Facility for people to learn, experiment, invent, or make things
using shared tools and resources, in a collaborative setting. (Examples:
makerspace, hackerspace, community kitchen.)
Conditions:
• Gross floor area: < 10,000'2.
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2) Cultural facility
Facility for display, performance, or enjoyment of heritage,
history, arts, or sciences. (Examples: museum, gallery, library, visitor
center, arts performance venue by a public or private entity.)
Conditions:
• Gross floor area: < 10,000'2.
• * In the NC and LI zone in the IV-C overlay, gross floor
area may be 10,000'2 to 20,000'2 with special permit approval.
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3) Farmer's market
Retail marketplace, mostly under an unenclosed structure, where
merchants sell their products directly to consumers. It does not include
grocery or convenience stores, or resellers.
Conditions:
• Needs special permit and site plan review approval by
the Planning Board.
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4) Gallery: specialty vintage
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Museum open to the general public, displaying a collection of
antique or vintage items, including farm equipment, tractors, cars,
boats, bicycles, steam engines, textiles, glassware, wines, or similar
items of interest.
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Conditions:
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• Gross floor area: < 20,000'2
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• May include sales or restoration/repair of showcased
items only as an ancillary use.
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• Outdoor display and storage area of collection items: < 200'2.
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5) Park, playground, community garden+nLand used for a park,
playground, community garden, garden plots, a nature preserve, or
a similar purpose.
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6) Place of assembly
Facility used for public/resident assembly for worship, meeting,
government, or community purposes. (Examples: religious or secular
congregation, community center, common house, amenity center.) This
includes typical ancillary uses. (Examples: meeting room, kitchen,
exercise room, laundry room, workshop, day care center, offices.)
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7) Private club/lodge
Facility of a private club or organization, mostly open only
to club members and their guests. (Examples: service or lodge-based
organization, social club, veterans' club, labor union.)
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8) Public safety
Police or fire station, ambulance service, or other public safety
service,
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9) School: primary/secondary
NYS recognized school for primary or secondary (K-12) education.
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• = use not allowed
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IV-C overlay
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IV-T overlay
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LDR
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NC
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LI
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AG
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LDR
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1) Solar energy system (as a principal use)
2) (See § 270-219.1)
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2) Utility: municipal or public
Facility for collecting, processing, or distributing a public
utility commodity.
(Examples: electrical substation, water tank and pumps, lift
station, telephone switch.)
Conditions:
Landscaping requirements in § 270-171.6 E also apply to utility facilities.
A utility facility that is not in an enclosed building (example:
open air electrical substation) must meet these requirements.
- Height: tall enough to conceal the equipment, up to 12'.
- Materials: brick or stone (real or simulated/precast); split
face block.
- Opacity: wall 100% opaque, gates > 75%
opaque.
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3) Wind energy facility, small (as a principal use)
(See § 270-219.1)
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4) Wireless facility
Equipment, structures, and site or designated area used to transmit
or relay commercial or broadcast wireless services. (Examples: personal
wireless service, fixed wireless Internet, broadcast or television
transmitter and antenna.)
Conditions:
• Zoning Code review process and requirements for personal wireless service facilities in § 270-219 apply.
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• = use not allowed
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IV-C overlay
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IV-T overlay
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LDR
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NC
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LI
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AG
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LDR
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1) Antenna: radio hobbyist
Outdoor antenna, and tower or supporting structure (if any),
for amateur radio or other radio hobby use.
Conditions:
• Requirements for amateur radio facilities in the base zone (§ 270-219.3) apply.
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2) Day care: home
Group family day care (18 NYCRR Part 416) or family day care
(18 NYCRR Part 417) in a protective setting, in a dwelling unit.
Conditions:
• Ownership: The operator must live in the dwelling unit
as their primary home.
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3) Donation collection box
Outdoor container for collecting donations of clothes and nonperishable
items.
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4) Home occupation
Business activity subordinate to a residential use in a dwelling
unit.
Conditions:
• Requirements for a home occupation in the base zone (§ 270-219.2) apply.
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5) Outdoor entertainment
Performing arts event or activity that takes place in the open,
outside of the enclosed structure that has the principal use.
Conditions:
• Outdoor entertainment must be subordinate and incidental
to the principal use.
• Time: Outdoor entertainment may take place only between
12:00 p.m. and 9:00 p.m. on Sunday through Thursday, and 12:00 p.m.
to 11:00 p.m. on Friday and Saturday.
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6) Roadside stand
Sale of produce or value added farm or food products (NY AGM § 282.2),
largely outdoors, in a farm setting.
Conditions:
• A roadside stand may be an accessory use only to a working
farm.
• The majority of the products sold at a roadside stand
must be from (or derived from products from) the farm at the stand
location.
• Roadside stand setback from public right of way: > 30'.
Parking at a roadside stand must allow safe vehicle access. A roadside stand must meet parking and vehicle circulation requirements of this section (§ 270-171.6 F).
• Total footprint of structures for a farm stand: < 500'2 in the LDR, NC,
and LI zones, < 30002 in AG zone.
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7) Solar energy system
(See § 270-219.1)
Conditions:
• Requirements for solar energy systems as an accessory use in the base zone (§ 270-219.1) apply.
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8) Wind energy facility, small
(See § 270-219.4)
Conditions:
• Requirements for small wind energy facilities as an accessory use in the base zone (§ 270-219.4) apply.
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