[Amended 4-19-2023 by L.L. No. 3-2023]
A.
All principal uses must comply with the standards of this section.
B.
Multiple principal uses. A site may contain more than one principal
use, so long as each principal use is allowed in the Zoning District.
C.
All uses must meet any applicable federal, state, and local requirements,
including, but not limited to, licensing, health, safety, and building
and fire code requirements.
A.
Agricultural education and recreation facility. Recreation, education,
and entertainment operated in conjunction with and as part of an overall
direct farm marketing strategy for an active farm operation or farm
market that contributes to the production, preparation, and marketing
of crops; livestock and livestock products; and other such agricultural
events and educational demonstrations, and the onsite preparation,
processing and sale of foods prepared from local farm products for
consumption on site and off site. An agricultural education and recreation
facility may include a community kitchen, and/or ancillary assembly
or retail use.
B.
Agriculture-related commerce. A retail or wholesale enterprise not
part of an active farm operation providing services or products principally
utilized in agricultural production, including structures, agricultural
equipment and agricultural equipment parts, batteries and tires, livestock
and livestock processing, feed, seed, fertilizer, and equipment repairs,
or providing for wholesale or retail sale of grain, fruit, produce,
trees, shrubs, flowers or other products of agricultural operations.
C.
Farm brewery. An enterprise engaged in the production for sale of
beer, licensed and regulated as such by the State of New York, and
including as subsidiary activities the sale of gifts, clothing, beverage
tastings, prepared foods and other items that promote the sale of
agricultural products.
D.
Farm cidery. An enterprise engaged in the production for sale of
cider, licensed and regulated as such by the State of New York, and
including as subsidiary activities the sale of gifts, clothing, beverage
tastings, prepared foods and other items that promote the sale of
agricultural products.
E.
Farm creamery. An establishment that is part of a farm operation
where dairy products such as milk, butter, cheese, ice cream, and
yogurt are made, processed, or prepared.
F.
Farm distillery. An enterprise engaged in the production for sale
of liquor is manufactured primarily from farm and food products, licensed
and regulated as such by the State of New York, and including as subsidiary
activities the sale of gifts, clothing, beverage tastings, prepared
foods and other items that promote the sale of agricultural products.
G.
Farm winery. An enterprise engaged in the production for sale of
wine, brandies distilled as the by-product of wine or other fruits,
or fruit juice, licensed and regulated as such by the State of New
York, and including as subsidiary activities the sale of gifts, clothing,
beverage tastings, prepared foods and other items that promote the
sale of agricultural products.
H.
Farm market. Generally permanent year-round retail operations that
sell agricultural products, baked goods, and other foodstuffs. Handicrafts
and other agriculture-related products could also be sold.
I.
Farm operation. The use of land, buildings, structures (including
on-farm housing) and equipment, and the practices which support the
production, preparation, processing, marketing and transportation
of grains, vegetables, fruit, and other crops, horticultural and floricultural
products, animal husbandry (including the raising, breeding, boarding
and sale of horses, llamas and alpacas) and including commercial horse
boarding operation, livestock and livestock products, aquaculture,
apiary products, forest farming, and farm energy production from sun,
wind, manure or biomass crops.
J.
Retail garden center. The growing, producing, storage and sale of
nursery and greenhouse stock, garden and house plants, trees and shrubs,
not part of a farm operation. The accessory storage and sale of seeds,
bulbs, packaged insecticides, fertilizer and other soil nutrients,
mulches, topsoil, stone, and similar materials used in the care and
maintenance of lawns, gardens and plants, in bulk or in bags shall
be permitted. The accessory sale and display of lawn chairs, tables,
benches and other similar outdoor furniture and other lawn and garden-related
products such as garden ornaments, pots and pottery products shall
be permitted.
A.
Assembly. A facility that has organized services, meetings, events,
or programs to benefit, educate, entertain, or promote discourse in
a public or private setting. Examples include community centers, meeting
or lecture halls, exhibition rooms, or auditoria. If an assembly use
is ancillary to another principal use and has a gross floor area of
less than 5,000 square feet, it is considered part of that use and
is not considered a separate principal use.
B.
Cemetery. A tract of land for the disposal or burial of deceased
human beings or remains in a grave, mausoleum, vault, columbarium,
or other receptacle. The provisions of this chapter shall apply to
all cemeteries and burial grounds including those owned by a religious
corporation, Municipal corporation, or a cemetery corporation owning
a cemetery operated, supervised, or controlled by or in connection
with a religious corporation.
C.
Lodge or private club. A facility for the use of a membership organization
or association with elected officers and directors, pursuant to a
charter or bylaws, that excludes the general public from its premises
and holds property for the common benefit of its members.
D.
Open space. A noncommercial site reserved for active or passive recreation
or natural resources conservation including parks, dedicated open
space, landscaped areas (plantings, lawns, parking lot islands), and
including sidewalks or trails used to access these areas, including
accessory structures accessible to the public and intended to enhance
the open space.
E.
Place of worship. A building or space for worship and used by an
organization that is recognized or registered as a religious institution
by the State of New York or by law. In the event of any ambiguity
or doubt, the rights and privileges afforded religious institutions
and persons as codified in federal law, and related regulations and
state laws, by The Religious Land Use and Institutionalized Persons
Act (and, if applicable, the Religious Freedom Restoration Act of
1993) shall be applied to any such proposed land use.
F.
Primary/secondary school. A public, private, or parochial institution
offering instruction at the elementary through high school levels
with a full range of curricular and extracurricular programs and accessory
uses normally provided in support of the larger educational mission
of the institution.
G.
Public safety facility. A facility operated by a public safety agency,
including fire stations and firefighting facilities, police and sheriff
substations and headquarters, and emergency medical services substations.
A.
Business offices. A facility for the processing, manipulation, or
application of business information or professional expertise, and
which may or may not offer services to the public. A business office
is not materially involved in fabricating, assembling, or warehousing
of physical products for the retail or wholesale market, or engaged
in the repair of products or retail services.
B.
Rural enterprise. A manufacturing, construction, or service enterprise.
Types of businesses that are envisioned under the above definition
include small contractors, woodworking, metalworking and other craft
manufacturing, small auto repair and body shops, small craft bakeries
and food processors, small sawmills. Does not include retail operations.
A.
Alternative energy system. Solar energy systems, wind energy conversion
systems, and battery energy storage systems.
C.
District energy system. A community-based energy system shared by
property owners for common use, or managed by a homeowners' association,
institution, or similar organization.
E.
Solar energy facility. Ground-mounted or freestanding (racking or
ballasts) solar collection devices, solar energy system related equipment,
and other associated infrastructure whose components cover a land
area greater than 10,000 square feet. The primary intention of a solar
energy facility is the generation of electricity or other conversion
of solar energy to a different form of energy for commercial or off-site
sale to a public utility, off-site users, or for placement on or delivery
to the local or regional electrical grid.
F.
Utilities and services, major. Large-scale facilities that primarily
serve a regional need, which because of their scale or method of operation
are more likely to produce external impacts that are detectable beyond
the property lines of the subject property. Such facilities include,
but are not limited to, wastewater treatment plants, electric or gas
generation plants, electrical transforming substations, water pumping
stations, and water towers and tanks.
(1)
All structures are subject to the same bulk, area, and form
requirements as apply to dwellings in the zoning district where emplaced.
G.
Utilities and services, minor. Facilities and services that primarily
serve local distribution needs, including, but not limited to, water
and sewer pump stations, water conveyance stations, gas regulating
stations, telephone exchange/switching centers, and emergency communication
warning/broadcast facilities.
H.
Wind energy conversion system. A wind energy conversion system that
sells its generated power, whether by wires, grid-connections, metering,
or a battery energy storage system, to a third party, and such term
includes the support tower, foundations and support cables, the nacelle
and electric generator, gearing, and braking, the rotor, blades, tail
and other associated components, the associated electric and electronic
connections, panels, boxes, controls, inverters, switches, transformers,
gates, vehicular paths, fencing, the fall zone around each tower,
etc., whose power output is intended to be used on-site to offset
on-site consumption of utility power and off-site, including through
grid connections and the transmission or sale of energy to third parties.
A.
Bed-and-breakfast. A dwelling that provides temporary lodging for
compensation in guest rooms with no in-room cooking facilities. A
bed-and-breakfast may include dining facilities and meeting rooms.
A.
Dwelling, accessory. A dwelling unit associated with, subordinate
in size, and incidental to a principal dwelling on the same lot, located
in either the principal dwelling or a separate structure, intended,
designed to be used, or used, rented, leased, let, or hired to be
occupied for living purposes.
(1)
One accessory dwelling unit per lot.
B.
Dwelling, one-unit. Any building or structure or portion thereof
that contains one dwelling unit intended, designed to be used, or
used, rented, leased, let, or hired to be occupied for living purposes.
C.
Dwelling, two-unit. A detached building containing no more than two
dwelling units intended, designed to be used, or used, rented, leased,
let, or hired to be occupied for living purposes.
D.
Residential care facility. A licensed care facility that provides
twenty-four-hour medical or nonmedical care to persons in need of
personal services, supervision, protection, or assistance essential
for sustaining the activities of daily living. Residential care facilities
include nursing homes, independent living, assisted living, continuum
of care, and hospice facilities.
A.
Amusement facility, indoor. A facility for spectator and participatory
uses conducted within an enclosed building, such as movie theaters,
sports arenas, bowling alleys, tumbling centers, skating centers,
roller rinks, and pool halls.
(1)
Building area may not exceed 100,000 square feet gross floor
area.
B.
Amusement facility, outdoor. A facility for spectator and participatory
uses conducted outdoors or within partially enclosed structures, such
as fairgrounds, batting cages, campgrounds, drive-in movie theaters,
petting zoos, golf courses, miniature golf courses, and amusement
parks. Does not include recreational vehicle parks.
(1)
A campground may have two but no more than 15 camping unit sites
and may be accessible by vehicular traffic where sites are substantially
developed. Tables, refuse containers, flush toilets, bathing facilities,
and water are provided.
C.
Animal care facility. A business providing for the care, day or overnight
boarding, grooming and/or training of dogs, cats and other customary
household pets, including veterinary offices for the immunization,
diagnosis, or treatment of customary household pets.
(1)
The facility and all associated runs or fenced areas must be
setback a minimum of 150 feet from all lot lines.
(2)
All associated runs or fenced areas shall be adequately screened
by fence, plantings, or landscaping from streets and adjacent properties.
(3)
All animal wastes shall be disposed of properly to avoid odor,
diseases, and contamination of drinking water supplies.
(4)
Any exterior boarding quarters and exercise areas located outside
must be designed to provide shelter against weather.
D.
Contractor's/landscaping yard. Any space, whether inside or
outside a building, used for the storage or keeping of construction
supplies, building materials, landscaping supplies (rock, stone, bricks,
fencing, mulch, etc.), construction equipment, machinery of vehicles
or parts thereof which are in operable condition and active in use
by a construction contractor.
E.
Medical clinic. A facility for physicians, dentists, chiropractors,
physical therapists, alternative medical practitioners, or other licensed
healthcare practitioners to examine and treat persons on an outpatient
basis.
F.
Restaurant. A business where food and beverages are prepared for
and served to patrons for consumption either on-premises or off-premises.
(1)
The sale of alcohol for on-premises consumption requires separate
approval as a tavern. The sale of alcohol for off-premises consumption
requires separate approval for an alcohol sales establishment.
(2)
A restaurant may include ancillary live entertainment without
a separate approval, so long as all of the following conditions are
met: no permanent space is dedicated for live entertainment; no admission
is charged for live entertainment; and when live entertainment is
offered, it is clearly incidental and subordinate to the restaurant
use.
G.
Retail and service, general. A commercial use characterized by the
sale of goods and services directly to the consumer, including but
not limited to printing, copying/mail service, department, clothing,
drug, food, hardware and similar stores and establishments and barber/beauty,
dry-cleaning and similar personal service establishments, not including
restaurants, taverns, vehicle service facilities, or vehicle sales.
H.
Retail and service, heavy. A retail and service business with permanent outdoor display, service, and storage areas, such as vendors of lumber and building supplies, landscaping supplies and equipment, industrial equipment, and outdoor structures such as prefabricated sheds, decks and patios, swimming pools, and play equipment. This does not include a retail garden center, which is addressed by § 270-37.1J. This does not include sales or service of watercraft or commercial or recreational vehicles.
I.
Tavern. A business that serves alcoholic beverages for on-premises
consumption, and may or may not serve food.
(1)
A tavern may include ancillary live entertainment without a
separate approval, so long as all of the following conditions are
met: no permanent space is dedicated for live entertainment; no admission
is charged for live entertainment; and when live entertainment is
offered, it is clearly incidental and subordinate to the restaurant
use.
J.
Veterinary clinic. The premises or buildings used for the diagnosis,
treatment or other care of the ailments of customary household pets
or livestock animals, which may include related facilities, such as
laboratories, offices and temporary quarters for such animals.
A.
All accessory uses must comply with the standards of this section.
B.
Accessory uses and structures are permitted as of right in conjunction
with allowed principal uses.
D.
Accessory structures:
(1)
Must comply with the maximum building coverage and impervious coverage
requirements of the zone.
(2)
Structures under 144 square feet may encroach upon required side and rear yards, so long as they are not expressly restricted in the standards in § 270-38.1.
A.
Home business. Any business or personal service carried on by a resident
of a dwelling unit, where the occupation is secondary to the use of
the dwelling unit for residential purposes.
(1)
A home business must be located within a fully enclosed building
owned or occupied by a resident of the site. A home business may not
be established prior to residential occupancy of the site by the operator
of the home business.
(2)
The home occupation may not exceed 35% of the gross floor area
of the principal dwelling unit.
(3)
There may be no change in the outside appearance of the building
or premises, or other visible evidence of the conduct of a home business,
except for one sign of up to two square feet in sign area, mounted
flush with and on the front facade of the building.
(4)
No display of products may be visible from the adjacent public
right-of-way. Direct sales and rentals of products off display shelves
or racks are not allowed, although a person may pick up an order previously
made by telephone, by internet, or at a sales meeting.
(5)
No outdoor storage or warehousing of material, supplies, or
equipment is allowed on the site.
(6)
Vehicle repairs or veterinary hospitals or kennels are not allowed
as part of a home occupation.
B.
Home occupation. Any occupation, trade, profession, or craft carried
on by a resident of a dwelling unit, where the occupation is secondary
to the use of the dwelling unit for residential purposes.
(1)
Only involves persons working on the premises or routinely operating
from the premises who are permanent residents of the dwelling.
(2)
Does not involve more persons regularly visiting the premises
for business purposes.
(3)
Is limited to only the following types of activities:
(a)
Office-type and telework (such as writing, editing, drafting,
tax preparation, computer programming and computer data entry);
(b)
Clerical work (such as typing, stenography, addressing and sending
mail), custom sewing and fabric crafts;
(c)
Creation of visual arts (such as painting, sculpture, or wood
carving).
(4)
The home occupation must be located within a fully enclosed
building owned or occupied by a resident of the site. A home occupation
may not be established prior to residential occupancy of the site
by the operator of the home occupation.
(5)
The home occupation may not exceed 25% of the gross floor area
of the principal dwelling unit.
(6)
No business storage or warehousing of material, supplies, or
equipment is allowed outdoors on the site.
(7)
No processes or equipment may be used that creates heat, glare,
dust, smoke, fumes, odors, or vibration detectable off the property.
No related sound above ambient noise level is permitted that is detectable
off the property.
C.
Farm operation - accessory commerce. A retail or wholesale enterprise
operated as an accessory use to an active farm operation on the same
premises selling products principally utilized in agricultural production,
limited to 1,000 square feet of outdoor display or storage of products.
Examples of such products include agricultural equipment and agricultural
equipment parts; batteries and tires; products allowed to be sold
by the New York State Department of Agriculture and Markets such as
farm machinery; Providing agricultural equipment repairs; processing
and packaging of food where the predominant ingredient is not grown
on-farm.
D.
Non-tower-based wind energy conversion system. A wind energy conversion
system that is not based upon or located upon a tower, such as rooftop
horizontal turbines, vertical flute or "candy cane" poles under 30
feet tall, or wind trees.
E.
Outdoor display. The outdoor display of products actively available
for sale. Outdoor display does not include vehicle sales, which is
considered a principal use.
F.
Roadside stand. A stall or booth used for commercial purposes, where
farm or other products are offered for sale on a seasonal basis.
G.
Small-scale battery energy storage system. Battery energy storage
systems with an aggregate energy nameplate capacity less than 280
kWh.
H.
Small-scale solar energy system. A building-mounted solar energy
system whose photovoltaic components occupy an area greater than 150
square feet on any code-compliant structure, or a ground-mounted solar
energy system whose components cover a land area less than 10,000
square feet and whose energy output is primarily for on-site consumption.
Small-scale solar energy systems may generate energy in excess of
the energy requirements of a property if it is to be sold back to
a public utility or placed on or delivered to the local or regional
electrical grid.
Intent: Uses that are established for a fixed period because
they are generally not appropriate on a long-term or continuous basis.
A.
All temporary uses and buildings must comply with the standards of
this section.
B.
No temporary use may be established on a public right-of-way or public
park without the authorization of the Town Board.
C.
Temporary uses that require a temporary use permit are subject to
the following general requirements, as applicable:
(1)
If the operator of the temporary use is not the owner of the site
where the temporary use will be located, written permission from the
property owner is required.
(2)
The operator of the temporary use must ensure adequate traffic control,
emergency vehicle ingress and egress, provision for trash/recycling
and sanitary facilities, and measures for security and crowd control,
as necessary.
(3)
All temporary buildings must be cleared from the site within 72 hours
after the use is terminated, unless an exception is granted by the
Code Enforcement Officer.
(4)
A site plan may be required, where applicable, to demonstrate compliance
with this Land Use Code and all other requirements.
(5)
One-hundred-eighty-day day limit per Building Code for other than
farm operation.
D.
No temporary use may result in adverse effects upon the public health,
safety, and welfare, as determined by the Code Enforcement Officer.
The following temporary uses are allowed subject to approval of a temporary use permit issued in accordance with § 270-39, Administration and Approvals.
A.
Storage container: A standardized, re-sealable article of transportation
equipment, including one on a chassis, that is designed for repeated
use to facilitate unitized freight handling by one or more means of
transportation. Includes but is not limited to intermodal shipping
containers.
(1)
The placement or use of storage containers, for permanent use
as an accessory storage building shall be prohibited in all Zoning
Districts. Storage containers are allowed by right only for the storage
of hay, other agricultural commodities, or farm equipment in an amount
and scope directly related to the production function of a farm operation.
(2)
The placement or use of storage containers, as temporary storage,
shall be permitted under the following circumstances:
(a)
A structure is undergoing construction, repair, alteration,
or reconstruction, for which a building permit has been issued. Permitted
in conjunction with temporary dwelling. The storage container shall
be removed from the premises upon issuance of a certificate of occupancy
or a certificate of compliance, or such time as the Code Enforcement
Officer deems the project complete.
(b)
The storage container is being used to store household belongings
in connection with a disaster, i.e., fire, flood, etc. The storage
container shall be removed from the premises upon issuance of a certificate
of compliance, demolition of the structure, or such time as the Code
Enforcement Officer deems the project complete.
(3)
At the discretion of the Code Enforcement Officer, for extenuating
circumstances, and/or limited time periods.
(4)
Storage containers shall not be placed in an area of special
flood hazard.
(5)
Storage containers shall not be stacked above the height of
a single container.
(6)
Storage containers shall not be used for the placement of signage
or advertising.
(7)
Temporary permit approval criteria:
(a)
A narrative statement detailing the anticipated dates for emplacement
and removal of the storage containers.
(b)
A detailed list of all material and amounts of materials to
be stored in the containers and the material data sheets applicable
to any materials to be stored.
(c)
A site plan, drawn to scale, of the entire parcel showing all
existing structures and the location of the proposed temporary uses
giving the distances to all property lines and existing structures.
Storage containers shall meet the setback requirements for accessory
structures, for the zoning district in which they are being placed.
(d)
A maximum of four storage containers shall be permitted under
a temporary use permit.
(e)
Storage containers may be placed for not more than four months
in any twelve-month period.
(f)
A portable fire extinguisher is required to be mounted in each
storage container on site. The minimum size extinguisher shall be
a 2 1/2 pound, handheld extinguisher, compatible with the materials
or products being stored.
(g)
Storage containers shall not be placed so as to pose a fire
hazard to a permanent structure, restrict exit discharge or access
to the public way, or restrict fire department access to the perimeter
of the structure where storage containers are located.
B.
Contractor trailer. A mobile home, travel trailer, truck trailer,
or other structure used as an on-site management or marketing office
in conjunction with a construction project.
(1)
Contractor trailers are allowed only in connection with active
construction activities and must be removed once the building permit
expires or terminates.
(2)
Sleeping or cooking facilities within the trailer are prohibited.
(3)
No trailer may be used as the main office or headquarters of
any firm.
C.
Temporary occupancy of permanent building. The temporary need to establish and occupy a temporary dwelling unit or premises, including special consideration where a natural disaster or emergency (defined in Chapter 112) situation has the existing dwelling house unsuitable for habitation.
(1)
Also includes a dwelling unit within a development project as
a sales or rental office or as a representative unit for units located
on-site.
A.
Agricultural events. On-farm events, including, but not limited to,
farm tours, hayrides, corn mazes, seasonal petting farms, educational
demonstrations, harvest festivals, and classes related to agricultural
products or skills offered in conjunction with the above. Events must
be directly related to the sale and promotion of the crops, livestock
and livestock products produced at the farm; incidental and subordinate
to the retail or wholesale sale of the farm's crops, livestock
and livestock products; hosted by the farm operation; and prominently
feature the farm's crops, livestock and livestock products at
all locations in which the event is conducted on the farm.
