[Amended 7-24-2013 by L.L. No. 7-2013; 7-12-2017 by L.L. No. 6-2017; 3-13-2024 by L.L. No. 3-2024]
A. Districts established. The following residential use
districts are established: R-20, R-15, R-12, R-10, R-M, and R-MX.
B. Permitted uses. In all residential use districts one
of the following uses is permitted as of right on each lot:
(2) Enclosed accessory building use.
(3) R-M Districts only: two-family dwellings, townhouses.
(4) Private garages, not exceeding 1,300 square feet in
area for parcels of one acre or less and not exceeding 2,400 square
feet in area for parcels of one acre or more, when used as an accessory
use to the principal residential use of the property.
C. Site plan uses. In all residential use districts one
of the following uses is permitted subject to site plan approval as
set forth in this Code:
(3) Public utility substation.
(8) R-M and R-MX Districts only: multiple-family residences.
(9) R-MX
District only: apartment buildings (including any mixed-use or nonresidential
component thereof) containing no more than four apartments; apartment
complexes consisting of no more than two apartment buildings.
D. Special
use permit.
(1) The following uses are permitted in R-MX Districts only and are subject
to both site plan approval as set forth in this Code and a special
use permit issued by the Town Board:
(a)
Apartment buildings (including any mixed-use or nonresidential
component thereof) containing more than four apartments.
(b)
Apartment complexes consisting of more than two apartment buildings.
(c)
Multiple-family complexes.
(2) Applicants shall apply to the Town Board for a special use permit
prior to applying to the Planning Board for site plan approval.
(3) In determining whether to issue a special use permit, the Town Board,
shall, after a public hearing, consider the following:
(a)
The size, scale, and density of the proposed use and its compatibility
with, and impact upon, nearby properties;
(b)
The aesthetic and architectural character of the proposed use,
including but not limited to building height, setbacks, green space,
building materials, landscaping, and overall site layout;
(c)
The impact of the proposed use upon Town resources and infrastructure,
and the extent to which such impact will be offset by the tax or other
revenue therefrom;
(d)
Whether the proposed use is part of, or integral to, a larger
proposed nonresidential development on adjoining parcels or on parcels
in the immediate vicinity;
(e)
The potential benefit, if any, to the Town of the proposed use;
and
(f)
Any other factor that the Town Board deems appropriate.
(4) Expert fees and expenses incurred by the Town during the process
of reviewing an application for a special use permit or site plan
shall be fully chargeable to the applicant. The Town Board and/or
Planning Board may, at their sole discretion, require a reasonable
deposit to be paid by the applicant in anticipation of said fees and
expenses. Such fees and expenses may include but shall not be limited
to architectural and engineering review, an independent traffic study,
and fiscal analysis.
E. Bulk regulations. The bulk regulations for the district are as set forth in Article
V below.
F. Supplemental regulations. Supplemental regulations, such as signage, parking, screening and the like are set forth in Article
VI below.