[Added 2-27-2019 by L.L.
No. 3-2019]
It is the principal purpose and intent of the residential districts
in this article to provide opportunities for residential development
patterns of varying lot sizes and density, to accommodate different
suburban and rural residential lifestyles to meet the housing needs
of current and future residents. The R-1 Districts are intended for
primarily single-family development, with varying lot sizes. The R-2
Districts are intended for primarily single-family and multiple-family
development and are the primary zones where traditional multiple-dwelling
developments can occur. The RR District is intended primarily for
agricultural and low-density rural residential lifestyles that encourage
the maintenance and preservation of farmland, open spaces, natural
resources, and rural character. Agricultural uses are permitted in
all residential districts (as indicated herein) although the RR District
is specifically designed to better accommodate agriculture and is
the predominant zone south of the New York State Thruway in what has
traditionally been the agricultural/rural portion of Town.
[Amended 2-27-2019 by L.L. No. 3-2019; 4-12-2022 by L.L. No. 8-2022]
No structure in a residential district shall exceed two stories of any kind above the basement, and no residential building shall exceed 21 feet in height from the top of the first floor of the first story to the ceiling of the second story. In the case of churches, schools and institutions of higher education, public hospitals, public libraries, municipal and special district buildings and apartment houses, no such structure, with the exception of barns and silos associated with a farm operation in a county agricultural district, shall exceed 35 feet in height, except by special use permit granted by the Town Board, after a public hearing in accordance with the procedures set forth in Article
XII of this chapter.
The ground area of the principal and accessory
buildings on any lot shall not exceed 25% of the total area of such
lot. The aggregate ground area of all accessory buildings, not including
automobile garages, shall not exceed 1% of the total area of such
lot, and the number of individual accessory buildings shall not exceed
two.
[Added 7-20-2005 by L.L. No. 2-2005;
amended 2-18-2015 by L.L. No. 1-2015; 6-21-2017 by L.L. No.
4-2017; 2-27-2019 by L.L. No. 3-2019]
A. Purpose and intent.
(1)
The purpose of the Rural Residential (RR) District is to support
creative, low-impact development patterns and land uses that conserve
natural resources and agricultural lands primarily in the area of
Town south of the New York State Thruway, while enhancing the quality
of life for residents.
(2)
The District is established to:
(a)
Maintain the rural quality of life evident in this area;
(b)
Provide and maintain large, contiguous areas of land to promote
and support ongoing agricultural uses and activities, provide animal
habitat and protect important natural resources through site design;
and
(c)
Allow for development at a medium-to-low density on a range
of lot sizes.
B. Permitted uses.
(1)
Uses within the Rural Residential District shall be limited to those uses allowed in R-1 Residential Districts as identified in §
295-7, plus the additional uses set forth herein.
(2)
Farm and farm operations as defined under the State Agriculture and Markets Law (see §
295-2, Word usage and definitions).
(3)
Farm stands and fruit and vegetable stands.
(4)
Commercial and private stables.
(5)
Farm woodland; forest farming operation.
(6)
Agribusiness and agritourism, subject to obtaining a special
use permit. Such uses are allowed only as a subordinate use to the
primary farm operation, and such subordinate use shall terminate upon
the cessation of the farm operation.
[Amended 4-12-2022 by L.L. No. 8-2022]
(7)
Senior housing, including assisted living, nursing home and
ancillary health-related facilities, may be authorized in areas with
municipal water and sewer by a special use permit granted by the Town
Board, provided such uses are proposed and built at a density and
design that is responsive to the intent of this District, giving consideration
to the community needs for such facilities. The Town Board may impose
reasonable conditions and request incentives from the development
of such projects, including but not limited to provision of land and/or
funds for on- and off-site open space conservation. In granting such
permit for senior housing and related facilities, the Town Board may
modify the density and dimensional requirements of this District.
[Amended 4-12-2022 by L.L. No. 8-2022]
(8)
Small-scale solar energy systems.
[Amended 9-22-2021 by L.L. No. 12-2021]
(9)
Medium-scale solar energy systems, subject to obtaining a special
use permit.
[Amended 9-22-2021 by L.L. No. 12-2021]
(10) Large-scale solar energy systems on a farm only, subject to obtaining a special use permit in accordance with §
295-73 of Article
XVI.
[Added 9-22-2021 by L.L. No. 12-2021]
(11) Commercial composting, subject to obtaining a special use permit.
[Added 4-13-2023 by L.L. No. 5-2023]
C. Preexisting buildings on lots. Buildings on lots lawfully occupied
and used as of July 1, 2005, may continue as preexisting uses pursuant
to this Zoning Law, and the yard and setback provisions for the previous
zoning classifications as of July 1, 2005, shall apply to these buildings.
D. Preexisting (undeveloped) tax parcels that were approved building
lots but would now be substandard in the RR District are subject to
the zoning standards that were in effect for those lots prior to July
1, 2005.
E. General requirements of the Rural Residential District. All proposed
development for subdivision within the Rural Residential District
shall be required to provide a site analysis in the sketch plan phase
of the subdivision approval process. Site analysis will help to identify
significant conservation areas or natural resources that should be
protected and conserved. Please see the Rural Development Design Guidelines.
F. Area, width and setbacks.
(1)
The following shall apply to lots served by both municipal water
and sewer, and that are not within a state-certified, county-adopted
agricultural district:
(a)
Minimum lot area: two acres (may be smaller with open space
incentive).
(b)
Minimum lot width shall be 80 feet.
(c)
Minimum front yard setbacks shall be 30 feet if located on a
Town or private road or 50 feet if located on a county or state road.
(d)
Minimum side yard setbacks shall be 10 feet on one side, 15
feet on the other side.
(e)
Minimum rear yard setbacks shall be 30 feet.
(f)
Each lot shall contain a minimum of 10,000 square feet of contiguous
area for building and yard area free of wetlands, surface water or
slopes over 15%.
(2)
The following shall apply to lots that are not served by both
municipal water and sewer, or are within a state-certified, county-adopted
agricultural district:
(a)
Minimum lot area: five acres (may be smaller with open space
incentive).
(b)
Minimum lot width shall be 100 feet.
(c)
Minimum front yard setbacks shall be 40 feet if located on a
Town or private road or 60 feet if located on a county or state road.
(d)
Minimum side yard setbacks shall be 10 feet on one side, 20
feet on the other side.
(e)
Minimum rear yard setbacks shall be 40 feet.
(f)
Each lot shall contain a minimum of 20,000 square feet of contiguous
area for building and yard area free of wetlands, surface water or
slopes over 15%.
G. Building site area. Each lot or development site created or proposed
for use shall provide sufficient area to accommodate the proposed
structure(s) and other site improvements. An application for site
plan and/or subdivision approval shall include data sufficient for
the Planning Board to make a determination that adequate water supply,
stormwater management, and wastewater disposal facilities can be accommodated
on each proposed lot.
H. Permissible dwelling units. The maximum number of permissible dwelling
units for any project shall be the number of dwelling units able to
be built as determined through the dimensional requirements set forth
in this chapter and through site analysis. The actual number of permissible
dwelling units may be fewer than the maximum number of potential dwelling
units.
I. Buffers.
(1)
Minimum transitional buffers shall be provided in compliance with the §
295-32 herein.
(2)
For new farm operations or expansion of an existing farm operation
outside of a county agricultural district, a 100-foot setback shall
be provided to any use which is materially odorous, such as manure
piles, pig pens, buildings for livestock, etc.
(3)
As part of its site plan review, the Planning Board may require
expanded buffers for any new residential subdivision proposed to be
located adjacent to an existing farm or farm operation.
[Amended 2-15-2006 by L.L. No. 1-2006; 2-27-2019 by L.L. No. 3-2019]
A. Purpose and intent. It is the purpose of districts allowing multiple-dwelling
development to provide alternative housing opportunities of a greater
density than those of the other residential districts in the form
of multiple-dwelling development, such as apartments and townhouses.
Multiple dwellings are intended to meet the varied housing needs of
current and future residents. It is intended that multiple dwellings
be established only where public infrastructure and community services
are available to accommodate such uses and consistent with applicable
design guidelines.
B. No multiple dwelling or group of multiple dwellings shall be erected or altered until a special use permit has been granted by the Town Board, after a public hearing in accordance with the procedures set forth in Article
XII of this chapter. Where a multiple dwelling is constructed or altered such that it is not in compliance with an applicable special use permit, then the special use permit may be revoked and the certificate of occupancy may be also thereby be revoked.
[Amended 4-12-2022 by L.L. No. 8-2022]
C. Multiple-dwelling facilities shall only be allowed upon the issuance
of a special use permit by the Town Board, and only within the following
zoning districts:
[Amended 4-12-2022 by L.L. No. 8-2022]
(1) R-2-15 Residential Districts;
(2) B-2 Commercial Districts;
(3) Mixed-use overlay districts, but only as a component use a part of a mixed use. In this case (the multiple dwelling), the additional requirements herein shall not apply (Instead, those requirements in Article
IXA shall apply.), but a special use permit for the multiple dwelling will still be required; and
(4) As senior housing only (no other types of multiple dwellings) in
the Rural Residential District.
D. Multiple dwellings in commercial districts shall be limited to 50
feet in height. In residential districts, multiple dwellings shall
be limited to 35 feet in height. Where more than one multiple dwelling
is constructed or exists on a single site or plot so as to form a
group of apartment dwellings, each separate building shall conform
to the requirements for a single multiple dwelling and to such additional
requirements as are hereinafter stated. Townhouses, whether for sale
or rent, are permitted as multiple dwellings.
E. Additional requirements.
(1) Density and green space.
(a)
Multiple-dwelling structures in residential and commercial zones
shall occupy no more than 35% of the square footage of the parcel
on which they are constructed.
(b)
Additionally, the maximum density per acre for multiple dwellings
shall be no greater than six dwelling units per acre in the Rural
Residential District (for senior housing) and 12 dwelling units in
R-2-15 and Commercial B-2. A greater density shall only be permitted
upon approval by the Town Board as part of its special use permit
review.
[Amended 4-12-2022 by L.L. No. 8-2022]
(c)
At least 35% of a parcel containing a multiple dwelling shall
be set aside as green space.
(2) Size of unit. No multiple dwelling as defined in this chapter shall
be erected, or existing structure altered or reconstructed to become
such, unless each unit thereof shall contain the following minimum
habitable area, exclusive of additional building area required for
common use of the tenants, such as lobbies, corridors, stairways,
elevator shafts and storage space, or for other common building areas
essential and incidental to the overall primary purpose:
(a)
Efficiency or studio dwelling units. An "efficiency" or "studio
dwelling unit" is defined as one which has no separate sleeping area
and consists of one room combining both living and sleeping space
and a kitchenette or kitchen and a bathroom. The area shall be not
less than 500 square feet. In residential zones not more than 25%
of the dwelling units in any multiple-dwelling building shall be of
the efficiency or studio type, and in commercial zones the proportion
shall not be over 50%.
(b)
A one-bedroom dwelling unit shall have an area of not less than
600 square feet.
(c)
A two-bedroom dwelling unit shall have an area of not less than
800 square feet.
(d)
A three-bedroom dwelling unit shall have an area of not less
than 950 square feet.
(3) Content of unit. All dwelling units must contain at least one habitable
room and also a kitchenette or kitchen and bathroom with complete
bathroom facilities.
(4) Setbacks. The front, side and rear setbacks from all property lines
to all multiple-dwelling buildings, parking areas and driveways shall
be not less than 60 feet, except that when adjoining property is commercial,
the setback may be not less than 30 feet.
(5) Parking. All premises occupied by multiple dwellings shall have thereon at the site of the structure and completely off the limits of any street or highway improved and usable parking areas in compliance with §
295-44.
(6) Distance between buildings in a dwelling group. No part of the main
foundation wall of any multiple dwelling in a group of multiple dwellings
occupying the same lot or site shall be closer than 40 feet to the
main foundation wall of any other apartment building in such group.
(7) Preliminary hearing. Fourteen preliminary building and site development
plans, the latter showing locations of proposed buildings, drives,
parking facilities and type of screening as may be required, shall
be presented to the Building Inspector or designee for staff review
and distribution with the application for multiple dwelling or dwelling
group development. There may be a preliminary hearing before the Town
Board, and the Town Board may require such additional provisions and
conditions as appear essential to the promotion of the public health,
safety and general welfare.
[Amended 6-26-2019 by L.L. No. 5-2019]
(8) Garbage and trash.
(a)
Adequate provisions must be made on the premises for such safe
and convenient storage and removal of garbage as will best promote
the public health, safety and general welfare.
(b)
Areas for the storage of garbage shall be readily accessible
for removal and clearing, suitably protected from rodent infestation
and visually shielded and shall meet all requirements of the Monroe
County Department of Health.
(9) All multiple-dwelling applications shall be subject to an initial
pre-application meeting for purposes of undergoing a preliminary concept
plan review with the Director of Engineering and Planning and appropriate
reviewing board members and staff to discuss overall project feasibility.
(10)
All multiple-dwelling facilities shall be adequately served
by municipal public water and sewer.
(11)
All utilities shall be placed underground, including, but not
limited to, sewer, water, electric and communication lines.
(12)
All multiple dwellings shall provide safe and convenient pedestrian
amenities, including sidewalks for internal site circulation and connections
to public sidewalks where available or planned to be available.
(13)
All off-site mitigation and improvements necessitated by the
proposed development shall be the responsibility of the developer
and shall be completed prior to the issuance of a certificate of occupancy
(unless a phasing plan approved as part of the special use permit
provides otherwise).
(14)
The scale, massing, and height of multiple-dwelling buildings
shall be consistent with the existing or planned character of the
adjacent neighborhood and not dominate local views or visual character.
(15)
The architectural theme of buildings, use of building materials,
and extensive use of site landscaping shall be in harmony with the
residential character of the neighborhood. Existing site features
which add value to the development or to the Town, such as mature
trees, watercourses, wetlands, topography, historic assets, or similar
irreplaceable open space resources shall be preserved to the maximum
extent feasible through the design and layout of buildings, driveways,
walkways, and parking that is sensitive to the context of surrounding
views and uses.
(16)
Recreational open space sufficient to serve the residents at
the property shall be provided in all newly constructed multiple-dwelling
developments. No less than 50% of the undeveloped open space required
to be set aside shall be dedicated as recreational space for use by
residents of the dwelling units. Such recreational areas shall be
usable and accessible and shall not include wetlands, steep slopes
(exceeding 15% grade), or acreage used for other development purposes,
such as utilities, sewer and water, stormwater management, or other
purposes.
(17)
No accessory structures shall be visually dominant over the
view of the principal use building from a primary public roadway or
constructed within 50 feet of any access road or 10 feet from any
parking area.
(18)
Special use permit approval requires evidence that traffic generation
has been sufficiently analyzed and that all adverse impacts will be
properly mitigated to the satisfaction of the transportation agency
with jurisdiction.
[Amended 4-12-2022 by L.L. No. 8-2022]