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:
(a)
The minimum lot size shall be five acres.
(b)
No building, or parking or loading area, or
part thereof shall be located within 100 feet of any street line nor
within 50 feet of any property line.
(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.
(2) (*) Streets, roads, driveways, utilities, and infrastructure subject to §
77-6D.
(3) Home occupations in accordance with the provisions of §
77-41 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.
(6) (*) Signs in accordance with the provisions of Article
X 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:
(a)
The minimum lot area shall be 50 acres.
(b)
No building, or parking or loading space, or
part thereof, shall be located within 150 feet of any street or lot
line.
(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:
(a)
The minimum lot area shall be five acres.
(b)
No building, or parking or loading area, or
part thereof, shall be located within 150 feet of any street or lot
line.
(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:
(a)
The minimum lot area shall be 50 acres.
(b)
No building, or parking or loading space, or
part thereof, shall be located within 150 feet of any street or lot
line.
(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:
(a)
The minimum lot area shall be five acres.
(b)
No building, or parking or loading space, or
part thereof, shall be located within 150 feet of any street or lot
line.
(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:
(a)
The minimum lot area shall be five acres.
(b)
No building, or parking or loading space, or
part thereof, shall be located within 150 feet of any street or lot
line.
(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)
The minimum lot size shall be five acres.
(b)
No building, parking or loading area, or part
thereof, shall be located within 150 feet of any street or lot line.
D. Special uses permitted subject to the approval by
the Zoning Board of Appeals.
(1) Accessory apartment subject to §
77-70 of this chapter.