This district is intended to conserve natural
and open space adjacent to the more densely developed residential
neighborhoods within the Town by promoting a balance of open space
and moderate-density, single-family residential uses consistent with
the availability of support infrastructure and natural resource constraints.
Conservation of natural land and its integration within a system of
contiguous open space is a primary objective. In an R-40 Residential
District, no building or premises shall be used and no building shall
hereafter be erected, altered or added to unless otherwise provided
in this chapter, except for one or more of the following uses:
A.
Principal permitted uses. (*) indicates a use that is also subject to Planning Board site plan approval pursuant to § 77-60 of this chapter.
(1)
One-family dwellings, not to exceed one dwelling on
a single lot.
(2)
(*) Public parks, playgrounds and recreational areas;
firehouses, police stations and other public buildings and uses.
(3)
(*) Cemeteries for the interment of human remains;
no crematorium.
(4)
(*) Regularly organized elementary or high schools
having a curriculum approved by the Board of Regents of the State
of New York, and subject to the following:
(5)
(*) Places of religious worship, including part-time
religious schools, provided that no building or part thereof and no
parking or loading area shall be located within 75 feet of any street
line nor within 50 feet of any property line; and parish houses, parsonages
and rectories which shall comply with the requirements set forth herein
for one-family dwellings.
(6)
(*) Nursery schools, family day-care home, or day-care centers subject to § 77-44.5 of this chapter. .
(7)
(*) Public utility structures and rights-of-way, but
excluding utility offices, garages, storage yards, and communication
facilities.
(8)
Agricultural uses as defined in New York State Agriculture
and Markets Law, provided that no building in which farm animals are
kept and no storage of manure shall be located nearer than 100 feet
to any street line or property line, and provided further that the
keeping of horses and livestock shall be permitted only on lots having
an area of two acres plus one acre for each such animal in excess
of one. In addition, no greenhouse heating plant shall be located
nearer than 50 feet to any street line or property line. One farm
stand exclusively for the sale of agricultural products grown on the
premises is permitted.
B.
Permitted accessory uses. (*) indicates a use that
is also subject to Planning Board Site Plan Approval.
(1)
(*) Off-street parking and loading in accordance with the provisions of Article XI of this chapter.
(4)
Artist studio, subject to special use permit approval by the Zoning Board of Appeals pursuant to § 77-44.6 of this chapter.
(5)
Private swimming pools and tennis and deck tennis facilities in accordance with the provisions of § 77-42 of this chapter.
(7)
Satellite antennas which receive and/or transmit,
are less than one meter in maximum diameter, and which do not produce
or contribute to the production of emission levels exceeding the emission
standards adopted, from time to time, by the FCC, based on the maximum
equipment output.
(8)
Other customary accessory uses and buildings, provided
that such uses shall not include any activity conducted as a business.
C.
Special uses permitted subject to the approval by the Planning Board in accordance with the provisions of § 77-59 of this chapter. (*) indicates a use that is also subject to Planning Board site plan approval pursuant to § 77-60 of this chapter.
(1)
(*) Golf courses and country clubs, exclusive of clubs
whose activities include the maintenance, storage or takeoff or landing
of aircraft, subject to the following requirements:
(2)
(*) Private membership clubs, operated by nonprofit
membership corporations, exclusively for members and their guests,
including ice-skating, swimming, tennis, squash or other similar clubs,
subject to the following requirements:
(3)
(*) Institutions of higher learning, including colleges
and universities, seminaries, convents, technical schools and the
like, including accompanying services and administration buildings
and recreation facilities, subject to the following requirements:
(4)
(*) Hospitals authorized by the Department of Health
of the State of New York, excluding hospitals with facilities for
correctional purposes, subject to the following:
(5)
(*) Eleemosynary institutions (other than correctional
institutions, drug rehabilitation centers or institutions for the
insane, but excluding administrative headquarters or branch office
buildings thereof), subject to the following requirements:
(6)
(*) Commercial recreation uses, day camps, vacation
campgrounds, seasonal camps, and horseback riding establishments,
including stables, maintenance and service buildings and other accessory
structures and uses incidental to the recreation area, subject to
the following:
A.
Minimum lot area. The minimum lot area shall not be less than 40,000 square feet subject to the supplementary minimum lot area regulations of § 77-34.2 of this chapter, unless otherwise specified.
B.
Minimum lot width. The minimum lot width shall not
be less than 150 feet.
C.
The minimum highway frontage shall not be less than
100 feet as measured along a single unbroken linear length at the
street line.
D.
Maximum lot coverage. The area covered by all buildings
shall not exceed 20% of the total lot area, unless otherwise specified.
E.
The maximum impervious surface coverage shall not
exceed 30% of the total lot area.
G.
Maximum height. No building shall be erected to a
height in excess of 2 1/2 stories or 30 feet.
A.
Design standards. The following standards shall be
applied during the site plan and subdivision review of any development
project in the R-40 District. The Planning Board may use its discretion
to waive or modify these standards.
(1)
Nonresidential uses proposed for previously undeveloped
property abutting property developed for residential use shall include
a ten-foot landscaped buffer setback from adjoining properties. The
landscape buffer shall be in addition to any other setback requirement
for the district, and shall be planted with a mixture of evergreen
and deciduous plantings. The Planning Board shall use its discretion
to establish appropriate landscape buffer setbacks for redevelopment
projects involving the conversion or the rehabilitation of existing
structures and previously disturbed land areas.
(2)
Utilities shall, unless infeasible, be placed underground.
(3)
All streets and driveways shall be designed to permit
the installation of electric, water, sewer, gas and other utilities
underground, either initially or at the time major improvements or
upgrades are made to the street or the particular service.
(4)
Except as set forth hereinafter, no fence or garden
wall in any required yard or between the front building line and the
required front yard shall exceed a height of six feet.
(5)
Sidewalks shall be provided along any existing or
proposed public street. The sidewalks shall be separated from the
street by a tree lawn at least four feet wide. New streets shall,
unless waived by the Planning Board, incorporate sidewalks into the
design, and shall, where practicable, link with existing and future
potential sidewalks and pedestrian pathways.
(6)
The use of through roads within new subdivisions is
required unless the Planning Board determines that a through road
is infeasible or that a cul-de-sac road would better protect the public
health and safety. The right-of-way of any through road shall extend
to the boundary line of the parent parcel in a location approved by
the Planning Board.
(7)
To the extent practicable existing tree rows and hedgerows,
stone walls, and similar features shall be retained in the development
of any new use or the expansion of any existing use.
(8)
Site disturbance and phasing shall be designed to
minimize tree clearing and changes to existing topography.
(9)
The use of a "boulevard" entrance for new streets
and driveways is encouraged. Such boulevard entrance shall be improved
with landscaping, fencing, stone walls or other suitable aesthetic
improvements as approved by the Planning Board.
(10)
New buildings on lots in proximity to historic
structures and historic districts shall be designed in a manner consistent
with the general architectural features of such historic features
in terms of form, materials, fenestration, and roof shape.
(11)
Off-street parking lots and loading areas shall
be screened from adjacent properties by landscaping or fencing.
A.
The following encroachments upon required yard areas
are permitted:
(1)
Stairs, cornices, eaves, gutters, chimneys or bay
windows projecting not more than 24 inches.
(2)
One-story open porches and terraces not exceeding
three feet in height, projecting not more than six feet only into
a front or rear yard.
(3)
One-story enclosed vestibule not greater than 10 feet
wide and five feet deep, projecting only into a front yard.
B.
In any case where the Board of Appeals, by variance,
has permitted the reduction of a required yard, none of the foregoing
encroachments shall be permitted into such diminished yard.
