A.
Purpose. Stream corridors serve many natural functions
which promote and protect the public health, safety, and general welfare.
They transport surface and stormwater to downstream areas, supplement
floodplain and wetland water storage functions in heavy storm or melt
events, filter water-borne pollutants and sediments, promote infiltration
and groundwater recharging, and provide unique plant and animal habitat.
Stream corridors also provide recreational amenities and enhance the
aesthetic quality of the community. The purpose of the Stream Corridor
Overlay District is to protect these functions by minimizing impacts
of development on the stream corridor. These regulations do not replace,
but rather supplement other zoning district provisions. Stream Corridor
Overlay Districts are superimposed upon other zoning districts and
represent an additional level of review and regulation specifically
related to the protection of the identified water resource and shall
not be varied by the Zoning Board of Appeals.
B.
HIGH WATER MARK
STREAM CORRIDOR
WATERCOURSE
Definitions. As used in this section, the following
terms shall have the meanings indicated:
The line between upland and bottom land which persists through
successive changes in water levels below which the presence and action
of the water is so common or recurrent that the character of the land
is marked distinctly from the upland and is apparent in the soil itself,
the configuration of the surface of the soil, and the vegetation.
Areas which lie between the center line of a watercourse
and a line 50 feet horizontal from and perpendicular to the high water
mark on either side of the watercourse.
Any stream, river, creek, or brook as described in the Official
Compilation of Codes, Rules and Regulations of the State of New York,
Title 6, Conservation.
C.
Coordination of regulations. The property that is
included in the stream corridor overlay district is subject to the
regulations and restrictions of the underlying district in addition
to the regulations and restrictions of the overlay district. Whenever
a requirement of the overlay district is at variance with a requirement
of the underlying district, the most restrictive requirement shall
govern.
D.
District boundaries. The stream corridor overlay district
shall include all areas which lie between the center line of all watercourses
(as generally depicted on the Environmental Inventory Maps for the
Town of Van Buren as prepared by the Onondaga County Environmental
Management Council) and a line 50 feet horizontally from and perpendicular
to the high water mark on both sides of such watercourses. When an
applicant contemplates activity upon a parcel which contains a stream
corridor, the applicant shall be required to determine the boundaries
of the stream corridor through the performance of a field survey applying
the stream corridor definition. Evidence documenting the results of
the boundary survey may also be required. The Code Enforcement Officer
shall confirm the boundaries of the stream corridor.
E.
Structures within the stream corridor. No structures
except for fences, boat launching sites, boathouses, poles, lean-tos,
docks, bridges, and fisherman parking areas shall be constructed within
the stream corridor; however, structures less than 500 square feet
in ground floor area may be allowed by special use permit.
F.
Bridges within the stream corridor. No bridge shall
be erected over a stream corridor except for such rights-of-way as
are necessary for purposes of public safety, fire access or access
to otherwise landlocked parcels. Any such bridge shall be located,
designed and constructed so as to minimize its visibility from the
watercourse, minimize alteration of the natural environment, and avoid
undue adverse environmental impact and shall be reasonable and necessary.
Any such bridge over the watercourse shall be constructed of naturally
occurring materials, such as wood or stone, to the extent feasible
and shall not interfere with the recreational use of the watercourse.
G.
Grading and filling within the stream corridor. No
new fills shall be placed above the existing grade inside the high
water mark of a watercourse.
H.
Utilities within the stream corridor. A stream corridor
utility use shall be located, designed, and constructed so as to avoid
undue adverse environmental impact and to minimize its visibility.
A.
Intent. This overlay district adds dimensional requirements
to the conventional districts in order to increase the protection
of highway rights-of-way and function along selected transportation
routes.
B.
Application. The HP District applies to parcels abutting the highways designated in Subsection C below. The dimensional standards imposed by this district shall be in addition to the requirements of the underlying district; in the event of conflict with other sections of this chapter, then the more restrictive requirements will apply.
C.
Designated highways. The extent of the HP Overlay
Zone shall be shown on the Town Zoning Map or associated overlay district
map.
D.
Lot and structure dimensional requirements.
A.
Intent. This district is intended to enhance the protection
of agricultural operations and important agricultural lands by modifying
the maximum residential development density and limiting the amount
of land to be converted from farm use.
B.
Development standards. The formation and number of
parcels to accommodate new residential development shall conform to
the following requirements.
(1)
Density.
(a)
Any parcel that is greater than 10 acres and which exists on the effective date of the application of this overlay zone may be subdivided pursuant to Chapter 175, Subdivision of Land, provided that it does not exceed the ratio of one single-family parcel for every 10 acres of an original parcel.
(b)
Any parcel existing on the effective date of
application of this overlay which is 10 acres or less may be subdivided
in conformance to the AR-80 District standards.
(2)
Lot and structure dimensional requirements.
(a)
Any new single-family parcel shall conform to
the minimum lot dimensional requirements of the AR-80 District.
(b)
In order to minimize the nonagricultural use
of viable farm land, no new single-family parcels shall exceed four
acres in area when subdivided from an original parcel that is greater
than 10 acres, and the remaining land may not be used for residential
purposes.
C.
Designated AP Zone. The extent of the AP Zone shall
be as shown on the Town Zoning Map or associated overlay district
map.
D.
Disclosure in an agricultural district created under
Article 25-AA of the Agriculture and Markets Law.
(1)
Prior to the sale, purchase, or exchange of real property
located partially or wholly within an agricultural district created
and existing under Article 25-AA of the New York State Agriculture
and Markets Law, the prospective grantor shall deliver to the prospective
grantee a notice which states the following:
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"It is the policy of this State and the Town
of Van Buren to conserve, protect, and encourage the development and
improvement of agricultural land for the production of food, and other
products, and also for its natural and ecological value. This notice
is to inform prospective residents that the property they are about
to acquire lies partially or wholly within an agricultural district
and that farming activities occur within the district. Such farming
activities may include, but not be limited to, activities that cause
noise, dust and odors."
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(2)
Receipt of such disclosure statement shall be recorded
on a property transfer report form prescribed by the State Board on
Equalization and Assessment as provided for in Section three hundred
thirty-three of the New York State Real Property Law.
A.
Purpose. Property located along natural bodies of water (lake, stream,
river) has always presented questions about yard requirements and
setbacks. Because the property between the principal structure and
the water is normally considered the rear yard, accessory structures
and property improvements often are requested to be placed in the
front yard, which would require a variance. This overlay district
shall protect the view and character of waterfront property and provide
yard setback regulations appropriate to the underlying zoning district.
[Amended 4-16-2019 by L.L. No. 1-2019]
B.
FRONT YARD
REAR YARD
Definitions. For purposes of this section only, the
terms "front yard" and "rear yard" shall be defined as follows:
The area extending the full width of the lot between the
principal building and the water-side property line
The area extending across the full width of the lot between
the principal building and the street-side property line.
C.
Applicability. The WFP District applies to all parcels situated within 150 feet of the banks of the Seneca River, as designated in Subsection D below. Only that portion of a parcel which is situated within 150 feet of the banks of the Seneca River, shall be within this overlay district. In the event a roadway intersects a parcel located within 150 feet of the banks of the Seneca River, only that portion of the parcel immediately adjacent to the Seneca River shall be within this overlay district; that portion of the parcel which is located on the opposite side of the roadway shall not be within this overlay district. The dimensional standards applicable within this overlay district shall be in addition to any requirements of the underlying zoning district not in conflict with the provisions of this section. In the event of conflict with other provisions of this chapter, the standards set forth in this section shall apply.
[Amended 4-16-2019 by L.L. No. 1-2019]
D.
Designated WFP Zone. The extent of the WFP Zone shall
be as shown on the Town Zoning Map or associated overlay district
map.
E.
Lot and structural dimensional requirements for accessory
structures:
(1)
No structures, except for boat launches, boathouses,
poles, and docks, shall be located within the front yard.
[Amended 4-5-2016 by L.L.
No. 3-2016]
(2)
Fences are allowed within the rear and side yards only. A maximum
height of six feet is allowed in the side yard and a maximum height
of 3 1/2 feet is allowed in the rear yard. Fences shall be installed
with the "good side" facing adjoining properties.
[Amended 4-5-2016 by L.L.
No. 3-2016]
(3)
Maximum overall height of any accessory structure
shall be 12 feet.
(4)
Structures located within the rear yard shall have
a setback not less than 15 feet from the street-side property line.
This includes garages, sheds, pools and fences.
A.
Purpose. The purpose of the Billboard Sign Overlay
District is to define specific areas of the Town in which the use
of billboard signs may constitute an effective means of advertising
without adversely affecting natural vistas. The establishment of a
defined overlay district within which the erection of billboard signs
is permitted will likewise serve to protect the areas of the Town
outside the overlay district from a proliferation of billboard signs
and the potential adverse effects associated therewith.
B.
Overlay district boundaries. The extent of the BSO
Zone shall be as shown on the Town Zoning Map or associated overlay
district map.
C.
Billboard signs, as defined in § 200-52, are allowed in the Billboard Sign Overlay District subject to compliance with all other applicable provisions of this chapter and the issuance of site plan approval and a special use permit pursuant to the provisions of this section.
D.
A special use permit for a billboard sign may be granted
only if it complies with the following provisions:
(1)
The site for erection of the sign is located within
the Billboard Sign Overlay District.
(2)
The billboard sign is at least 1,000 feet away from
any residence, public or private school, park or place of worship
measured on a straight line from the proposed billboard sign to such
building.
(3)
The billboard sign is at least 1,500 feet away from
any other billboard sign.
(4)
A billboard sign may not be erected on any rooftop
or the wall of any building.
(5)
A billboard sign shall be limited to 440 square feet
per face, a maximum of two sign faces per structure placed in either
a back-to-back or V configuration, and the bottom of such sign shall
be a minimum of 10 feet above grade. The overall height of the billboard
sign shall conform to the requirements of the Billboard Sign Overlay
District.
[Amended 8-5-2008 by L.L. No. 9-2008]
(6)
All billboard sign structures shall have a maximum
of one vertical support, constructed of noncorrosive material. The
structure shall be capable of withstanding a wind load capacity of
30 p.s.i. or a minimum of sixty-mile-per-hour winds. The billboard
sign faces shall be independently supported and have vertical supports
of metal or galvanized steel, or be otherwise treated to prevent corrosion.
(7)
All billboard sign structures with display lighting
shall use stationary indirect illumination, such that it does not
glare onto adjoining properties and has a maximum footcandle power
of 1.5 at the boundary of such adjoining properties.
(8)
The base of all billboard sign structures shall be
appropriately landscaped and maintained as planted.
(9)
Changeable message signs, such as LED or trivision
faces, are prohibited.
(10)
Electronic and digital billboards are prohibited.
[Added 8-5-2008 by L.L. No. 9-2008]
