Except as provided by law or in this chapter, in each district, no building, structure or land shall be used or occupied except for the purposes permitted in §§ 125-10 through 125-14 and for the zoning districts so indicated.
Uses permitted by right or by special permit
shall be subject, in addition to use regulations, to such regulations
of yard, lot size, lot width, building area, provisions for off-street
parking and loading and to such other provisions as are specified
in other Articles herein.
A.
The following uses are permitted within the R Residential
District:
(1)
Agricultural tilling of the soil.
(2)
One-family detached dwelling on a separate lot and
occupied by not more than one family.
(3)
Two-family detached dwelling on a separate lot, the
total lot area not being less than the minimum lot required per family
for the district.
(4)
Conversion of one-family dwellings to two-family dwellings;
upon completion of the conversion, the converted dwelling shall meet
all requirements of this chapter applicable to two-family dwellings.
(5)
Multiple-family dwellings. The following regulations
shall apply to all multiple-family dwellings:
(a)
Multiple-family dwellings shall include apartment
buildings, townhouses and condominiums and accessory structures, provided
that such structures do not include any business activity.
(b)
Lot sizes and yards for multiple-family dwellings.
Every lot shall meet the following minimum requirements.
(c)
Open space.
[1]
At least 3.7 square feet of lot area per one
square foot of living area shall be open space.
[2]
Open space is the total horizontal area of all
uncovered open space. Covered open space is exterior space that is
open on its sides to the weather but not open above to the sky and
weather, such as roofed porches, roofed carports and covered balconies.
(d)
Recreation space.
[1]
At least 0.18 square feet of lot area per one
square foot of living area shall be recreation space.
[2]
All recreation space counted shall be at least
20 feet away from any residential wall containing a window on the
ground floor and shall have at least 100 feet for each dimension,
except that an area of lesser dimension is countable if the total
required recreation space is less than 10,000 square feet.
(6)
Recreation facility owned or operated by an agency
of the Town or other government.
(7)
Governmental buildings.
(8)
Fire stations.
(9)
Renting of rooms in a dwelling, without separate cooking
facilities for not more than three lodgers.
(10)
Noncommercial greenhouses.
(11)
Tool sheds.
(12)
Private garages.
(13)
Swimming pools, subject to the following provision:
Every outdoor inground pool shall be completely surrounded by a fence
not less than four feet in height.
(14)
Fences or walls, where agricultural use does
not exist on the property, subject to the following provisions:
[Amended 9-11-2006 by L.L. No. 3-2006]
(a)
Fencing shall be uniform in design, of natural
material or chain link, with the finished side of the fence facing
the adjoining properties. No fence or wall shall be of the masonry
type.
(b)
Fencing shall be installed at the outside perimeter
of the property line at a minimum of six inches inside the property
line. Fencing may be no more than 48 inches high in the front yard
and no more than 72 inches high at the rear and side yard property
lines.
(c)
At all street intersections, there is to be no obstruction of any kind that will interfere with the sight distance(s) of vehicular traffic and it must meet the visibility requirement of § 125-30.
(d)
In circumstances other than the above, the placement,
along with the restrictions imposed for an intended fence project,
shall be determined by the Town of Brutus-Village of Weedsport Joint
Planning Board.
B.
Special permit uses shall be as follows:
(1)
Churches, parish houses, convents and other housing
for religious personnel, subject to the following provisions:
(2)
Religious sectarian and nonsectarian, denominational,
private or public schools not conducted as a private gainful business,
subject to the following provisions:
(3)
Libraries.
(4)
Home occupations.
(5)
Television dishes.
(6)
Golf courses and country clubs (excluding driving
ranges and miniature golf courses), subject to the following provisions:
(7)
Utility station, substation or exchange, subject to
the following provisions:
(8)
Nursery school buildings.
(9)
Day-care center buildings.
D.
Uses prohibited. All other uses shall be prohibited.
[Amended 1-16-1989 by L.L. No. 1-1989; 6-10-1991 by L.L. No.
1-1991; 9-9-1991 by L.L. No. 2-1991; 9-11-2006 by L.L. No.
3-2006; 4-8-2013 by L.L. No. 1-2013; 4-14-2014 by L.L. No.
2-2014]
A.
Intent. The Agricultural-Residential District (A-R) established in
this section is designed to provide adequate and appropriate sites
within the municipality to accommodate facilities involved in farming
and provide areas for persons wishing to reside on large lots in a
rural area. The primary land use in this zoning district is agriculture.
Within the district, any agricultural practice determined to be a
sound agricultural practice by the New York State Commissioner of
Agriculture and Markets pursuant to Article 25-AA, § 308,
including but not limited to practices necessary for on-farm production,
preparation and marketing of agricultural commodities, such as the
operation of farm equipment; proper use of agricultural chemicals
and other crop protection methods; direct sale to consumers of agricultural
commodities or foods containing agricultural commodities produced
on farm; and construction and use of farm structures, shall not constitute
a private nuisance. The goals of these provisions are to:
(1)
Maintain and promote agriculture and its related activities such
as agricultural tourism;
(2)
Preserve open space and farmland;
(3)
Maintain both an agricultural heritage and a rural character;
(4)
Accommodate rural residential development in a manner that complements
farming activity and contributes to the maintenance of the rural character
of the zone;
(5)
Protect and buffer abutting districts and properties within the district
by establishing setbacks, limiting on-street loading/unloading areas
and parking, and establishing landscape screening provisions;
(6)
Protect the character of the area and established patterns in adjacent
development, thereby maintaining land values and protecting the municipality's
tax revenues.
B.
Permitted uses. No building or premises shall be used, and no building
or part of a building erected which is arranged, intended or designed
to be used, in whole or in part, for any purpose except the following:
(1)
Agriculture and agricultural activities as defined in Article II of this chapter, including usual farm buildings and structures, but excluding rendering plants;
(2)
Agricultural tourism as defined in Article II of this chapter. The following agricultural tourism uses are permitted only by special permit:
(3)
Equestrian facility;
(4)
Forest management and other forest resource uses, including the harvesting
of timber;
(5)
Game farms, fish hatcheries and fishing reserve;
(6)
Produce stands, including movable or temporary structures for the
sale of agricultural products grown principally by the operator during
the harvest season;
(7)
Veterinary offices or hospitals;
(8)
Hunting preserves, lodges, or clubhouse;
(9)
Golf courses and driving ranges;
(10)
Research facilities dedicated to research in agriculture or
animal husbandry;
(11)
Retail sales of machinery, products, supplies, or produce accessory
to agricultural operations. In addition to the review criteria generally
applicable to uses allowed in this section by special permit, the
following additional requirements shall apply:
(a)
No more than three acres, inclusive of building, parking, driveways,
well, septic system and other ancillary facilities, be dedicated to
the use;
(b)
No outside storage other than temporary daytime-only display
of products, unless:
[1]
The nature of the business generally requires outside storage;
[2]
There is adequate space on the lot for the proposed storage;
[3]
The premises are screened or otherwise buffered so that the
outside storage does not adversely impact the neighboring properties;
and
[4]
The proposed outside storage will not adversely affect the character
of the surrounding neighborhood.
(12)
Cemetery and the buildings and structures incident thereto;
(13)
Any municipal or public utility purpose necessary to the maintenance
of utility services;
(14)
Fire station or other public building necessary to the protection
of or the servicing of the neighborhood;
(15)
Commercial dog kennels. In addition to the generally applicable
standards applicable to structures, no wholly or partly nonresidential
structure housing dogs shall be closer than 150 feet to any lot line;
(16)
A one-family dwelling on a separate lot;
C.
Uses allowed by special permit. No building or premises shall be
used, and no building or part of a building erected which is arranged,
intended or designed to be used, in whole or in part, for any purpose
except the following which are allowed upon issuance of a special
permit:
(1)
Conversion of an existing one family dwelling to a two family or
multifamily dwelling; upon completion of the conversion, the converted
dwelling shall meet all requirements of the Brutus Zoning Law applicable
to two family and multifamily dwellings.
(2)
Church or other places of worship, convent and parish house.
(3)
Radio, television, telecommunication, microwave, satellite or other
electronic transmission facility operated pursuant to a license from
the Federal Communications Commission or any successor federal or
state agency. In addition to the review criteria generally applicable
to uses allowed in this section by special permit, the following additional
requirements shall apply:
(a)
The applicant shall demonstrate that the proposed facility cannot
co-locate with an existing transmission facility.
(4)
Mining.
(a)
In addition to the review criteria generally applicable to uses
allowed in this section by special permit, the following additional
requirements shall apply:
[1]
The applicant must provide a site plan that illustrates the
locations of the various elements of the operation, and the site plan
shall be approved by the reviewing agency;
[2]
The applicant shell demonstrate that the appropriate New York
State authorities (DEC or other regulatory body) have approved a reclamation
plan and that any required financial security for the performance
of the reclamation plan has been provided to the State of New York;
[3]
There shall be a buffer area of at least 100 feet around the
perimeter of the mined area. The buffer shall be placed between the
mined area and any surrounding property. Such buffer shall be of natural
vegetation, plantings, berms, fences, or other screening as deemed
reasonable by the reviewing agency to minimize the auditory and visual
impacts of the mining operations on surrounding properties;
[4]
A fill permit shall be obtained in accordance with the fill
permit requirements of this chapter before commencement of any mining
operations;
[5]
Hours of operation shall be limited to business days (days other
than weekends and holidays) from 7:00 a.m. to 6:00 p.m. local time
unless the applicant demonstrates that special circumstances exist
which compel that the times be extended.
(b)
Notwithstanding the foregoing, if the material to be mined is
soil, gravel, or other similar types of fill, up to 50 cubic yards
of such product may be mined in any one calendar year without a permit.
If more than 50 cubic yards but not more than 250 cubic yards in any
one year are being mined, a permit may be issued by the Code Officer
of the Town upon demonstration of compliance with the requirements
of this section applicable to this scale of mining. In all other cases,
the special permit shall be obtained as set forth above.
D.
Accessory uses. The following are uses that are accessory or subordinate
to the principal permitted use and are permitted as such, subject
to dimensional or other standards set forth elsewhere in this chapter:
(1)
Noncommercial greenhouses;
(2)
Parking lots and driveways;
(3)
Refuse containers;
(4)
Private garages and similar storage facilities for vehicles;
(5)
Outdoor storage and tool sheds;
(6)
Swimming pools and other private recreational facilities for the
use of the property occupant;
(7)
Fences and walls;
(8)
Home occupations.
E.
Lot requirements. Facilities or uses located in the Agricultural-Residential
District are subject to the following conditions:
(1)
Minimum lot area. The minimum lot area is 50,000 square feet.
(2)
Maximum lot area. The maximum lot area for a one-family dwelling
is 100,000 square feet.
(3)
Minimum lot width and depth. The minimum lot width and depth requirement
for each lot is 200 feet.
(4)
Setbacks. The minimum setback from all side and rear lot lines is
25 feet; the front lot line setback is 75 feet.
(5)
The minimum foundation area is 900 square feet.
(6)
The minimum foundation length is 24 feet.
F.
General requirements. The following requirements have general applicability
to all uses in the A-R Zone:
(1)
Maximum building height. No part of any building intended for human
habitation shall be erected to a height greater than 35 feet measured
from natural grade at the building site.
(2)
Open space. At least 25% of the site shall be devoted to usable open
space.
(3)
Parking. All uses must provide on-site parking facilities in accordance
with the parking standards of this chapter or standards specifically
applicable to a use allowed by this section by special permit. No
on-street parking will be permitted.
(4)
Signage. All building and on-site signage must comply with the regulations
of the Town of Brutus regulating signage.
(5)
Design and layout limitations on subdivisions of parent tracts that
form two or more new lots.
(a)
In order to protect agricultural uses, to preserve the agricultural
value of land, to provide for the retention of tracts of sufficient
size to be used reasonably for agricultural purposes, and to preserve
the open space qualities of the Town, creation of nonfarm lots and
the subdivision of farm parcels from parent tracts, when considering
design alternatives and limitations, the Planning Board may discuss
and if appropriate require alternative designs with the developer
that include the clustering of the lots as part of the subdivision
approval process of the Planning Board as a condition to granting
any subdivision approval. In determining the design of the subdivision,
in addition to any requirements set forth in the subdivision regulations[1] of the Town of Brutus, the following criteria should be
applied:
[1]
Lots should avoid, to the extent practicable, prime agricultural
soils, defined as Class I and Class II by the USDA Natural Resources
Conservation Service or similar or successor agency;
[2]
Lots should not interfere with natural drainage patterns;
[3]
To the extent reasonably possible, subdivisions shall be approved
in a manner that maintains the largest amount of contiguous acreage
for open space or agricultural use;
[4]
The size or shape of land maintained for open space or agricultural
use shall be of a size and shape suitable for the efficient use of
farm machinery;
[5]
Buffers (also known as perimeter strips) should be included
in residential subdivisions as a means of reducing the likelihood
of conflicts with nearby farm operations. Buffers shall be in compliance
with § 125-31.1E(10) of the Brutus Zoning Law;
[6]
The Planning Board, as a condition of granting subdivision approval,
shall require, unless good cause is shown for omission of same, the
developer to encumber the larger tracts by deed restrictions, conservation
or agricultural easements, or other mechanism satisfactory to the
Planning Board, to ensure that such parcels shall remain permanently
as open space or agricultural land.
(6)
In order to undertake the analysis required by this section, the
Planning Board may require the applicant to delineate a building footprint
on the subdivision plan. Said building footprint shall be the only
portion of the proposed lot where structures are permitted.
(7)
The Planning Board shall refer any proposed subdivision, zoning change,
special permit or other matter that requires an Ag Impact Statement
per NYS Agriculture and Market Laws § 305-a to the Town
of Brutus Agricultural Advisory Committee for comment.
G.
Special permit requirements.
(1)
When reviewing a use subject to a special permit in the A-R Zone, in addition to the generally applicable special permit standards (§ 125-88), the following criteria shall be applied:
(a)
In order to protect agricultural uses, to preserve the agricultural
value of land, and to preserve the open space qualities of the Town,
as part of the special approval process of the Planning Board as a
condition to granting any approval will apply the following criteria:
[1]
Structures and activity should not interfere with natural drainage
patterns;
[2]
Buffers should be required as a means of reducing the likelihood
of conflicts with nearby farm operations. Buffer distances will be
decided on a case-by-case basis but should generally be between 30
feet and 100 feet wide. Further mitigation measures may be considered,
including the reduction of the size and scale of structures and activities
in a manner that provides a more protective buffer.
A.
Large areas of land within this zone are identified
as protected wetlands and/or floodplains and therefore are subject
to severe developmental limitations. Proximity to the Seneca River
offers the opportunity to establish recreational activities which
can benefit the general public. These benefits are only derived when
development is sensitive to the natural environment in which it is
established. It is the intent of this section of the Zoning Law to
ensure compatibility between development and the environment.
B.
Uses permitted in this zone shall be those permitted
within the A-R District. Uses allowed by special permit within this
zone shall be those allowed by special permit within the A-R District
and the following uses which are dependent upon access or proximity
to the river:
C.
Lot sizes and yards for the R-F District. Generally,
the lot size and yard requirements for uses established within this
district shall be those established within the A-R District. However,
the following specific criteria are established to safeguard the river
environment:
(1)
All marine uses, private clubs or joint access areas
and seasonal lodging established under permitted uses above, with
river frontage, shall have no less than 200 feet of frontage upon
the river.
(2)
Irrespective of the minimum lot size set forth in
this chapter, all uses established within this district shall demonstrate
that the lot size upon which the use shall occur is sufficiently large
to permit any above- or inground structures to be placed outside the
boundaries of protected wetlands or floodplains or to allow the appropriate
development techniques to minimize or prevent damage to structures
and impacts on wetland/floodplain areas. In no case shall the presence
of protected wetlands or floodplains be deemed a hardship for the
purpose of granting an area variance, since it is presumed that all
lands within this district are affected by such limiting environmental
factors.
A.
The following uses are permitted in the C-I Commercial
- Light Industrial District:
(1)
Agriculture and agricultural activities as defined in Article II of this chapter, including usual farm buildings and structures, but excluding rendering plants, and agricultural tourism as defined in Article II of this chapter. The following agricultural tourism uses are permitted only by special permit:
[Amended 4-8-2013 by L.L. No. 1-2013]
(2)
Commercial greenhouses.
(3)
Public buildings owned or operated by the Town government.
(4)
Libraries.
(5)
Professional or business offices.
(6)
Beauty parlors.
(7)
Banks.
(8)
Stores and shops for the retail sale of merchandise.
(9)
Restaurants.
(10)
Drive-in facilities.
(12)
Sales or rental of large items requiring outdoor
display for sales and storage, including but not limited to trailers,
boats, snowmobiles, all-terrain vehicles and farm machinery, subject
to the following provisions:
[Amended 9-9-1991 by L.L. No. 2-1991]
(13)
Utility stations, substations, pumping stations
and telephone exchanges.
(14)
Fire stations.
(15)
Wholesale business and storage in an enclosed
structure.
(16)
Laboratories: research, testing or experimental.
(17)
Contractor offices and shops.
(18)
Noncommercial greenhouses.
(19)
Tool sheds.
(20)
Private garages.
(21)
Swimming pools, provided that they meet the
requirement listed under permitted uses of the R District.
B.
Special permit uses shall be as follows:
(2)
Gasoline service stations and public garages, subject
to the following additional requirements:
(a)
All activities except those required to be performed
at the fuel pumps shall be performed within a completely enclosed
building.
(b)
Fuel pumps may be located within the front yard,
but shall be at least 20 feet from any street line.
(c)
All automotive parts, dismantled vehicles and
similar articles shall be stored within a building.
(3)
Motels, subject to the following provision: The minimum
lot size shall be three acres.
(4)
Hotels, subject to the following provision: The minimum
lot size shall be three acres.
(5)
Light manufacturing, including but not limited to
the production, processing, testing and distribution of materials,
foods, foodstuffs and products.
(6)
Motor vehicle sales, service and repair.
(7)
Car washes.
(8)
Commercial and industrial equipment sales and service.
(9)
Lumber yards, building supply and construction equipment.
(10)
Private indoor and outdoor recreation facilities.
(11)
Adult uses.
[Added 9-9-2002 by L.L. No. 2-2002]
(a)
Purpose. It is recognized that buildings and
establishments operated as adult uses have serious objectionable operational
characteristics. In order to promote the health, safety and general
welfare of the residents of the Town of Brutus, this local law is
intended to restrict adult uses to commercial-light-industrial-zoned
areas of the Town. The Town Board hereby finds that the operational
characteristics of adult uses and the secondary effects of adult uses
increase the detrimental impact on a community when such uses are
spread throughout the community. The Town Board finds that, based
upon common knowledge and experience and studies conducted by other
municipalities (including but not limited to Syracuse, New York; Kansas
City, Missouri; Bergen, New York; Scotia, New York; Dryden, New York;
and Ellicottville, New York), the adult uses sought to be regulated
by this local law have been associated with criminal and other socially
undesirable behavior, such as disorderly conduct, prostitution, pornography,
drug trafficking and substance abuse, which have the resulting effects
of depressing property values in the surrounding neighborhood and
increasing the burden upon law enforcement personnel and municipal
expenditures. Therefore, this local law is intended to promote the
health, safety and general welfare of the residents of the Town of
Brutus by regulating the concentration and location of such adult
uses. This local law has neither the purpose nor effect of imposing
a limitation or restriction on the content of any communicative materials,
including sexually oriented materials; similarly, it is not the intent
or effect of this local law to restrict or deny access by the distributors
and exhibitors of adult entertainment and/or sexually orientated entertainment
to their intended market; neither is it the intent nor effect of this
law to condone or legitimize the distribution of obscene material.
(b)
Restrictions.
[1]
No adult use shall be allowed or permitted in
any zoning district of the Town, except a Commercial-Industrial District.
All adult uses shall comply with the applicable provisions of the
Code, including those relating to structures and uses permitted in
a Commercial-Industrial District.
[2]
In addition, no person shall construct, establish,
operate or maintain, or be issued a certificate of occupancy for,
any adult use with the Town unless such use meets the following standards:
[a]
No more than one adult use shall
be allowed or permitted on any one lot.
[b]
No adult use shall be allowed or
permitted on a lot that is closer than 1,000 feet to:
[i]
A lot on which there is another
adult use;
[ii]
Any Residential District, Agricultural-Residential
District, River Front District or Special Development District;
[iii]
Any property that is utilized,
in whole or in part, for residential purposes;
[iv]
Any church or other regular place
of worship, community center, funeral home, library, school, nursery
school, day-care center, hospital or public park, playground, recreational
area or field;
[v]
Any public buildings; and
[vi]
Any hotels or motels.
[c]
Where there is a conflict between the regulations as provided in this Subsection B(11) and any other law, rule or regulation of the Town, including the Code, the most restrictive law, rule or regulation shall apply.
[d]
All distances set forth herein
shall be measured from lot line to lot line.
(c)
Observation from public way prohibited. No adult
use shall be conducted in any manner that permits the observation
of any material depicting or relating to specified sexual activities
or specified anatomical activities from any public way or from any
other lot, including but not limited to any lighting, display, decoration,
poster, photograph, video, sign, show, doorway, window, screen or
other opening.
C.
Uses prohibited. All other uses shall be prohibited.
[Added 3-12-2008 by L.L. No. 3-2008]
A.
Intent. The Industrial District established in this
section is designed to provide adequate and appropriate sites within
the municipality to accommodate facilities involved in: assembling,
disassembling, repairing, fabricating, finishing, manufacturing, packaging
or processing operations of an industrial nature; research and development
operations; and shipping and receiving operations. The general goals
include, among others, the following specific purposes:
(1)
To provide a planned district for all types
of assembly plants, factories, manufacturing plants, mills, warehouses,
truck depots and transfer stations, and processing plants.
(2)
To protect and buffer abutting districts by
establishing setbacks, limiting on-street loading/unloading areas
and parking, and establishing landscape screening provisions.
(3)
To control development so as to minimize the
danger of fires, explosions, toxic and noxious matter, radiation,
offensive noise, vibration, smoke, odor and other objectionable influences
or hazards.
(4)
To protect the character of the area and established
patterns in adjacent development, thereby maintaining land values
and protecting the municipality's tax revenues.
B.
Permitted uses. No building or premises shall be used,
and no building or part of a building erected which is arranged, intended
or designed to be used, in whole or in part, for any purpose except
the following:
(1)
Appliance, tool and die or metal fabrication;
(2)
Canneries, food processing, sugar refineries;
(3)
Manufacturing, processing, or assembling of
products or materials;
(4)
Paper mills and products;
(5)
Warehousing or storage of goods for distribution;
(6)
Trucking, bus or other transportation terminals
and transfer stations;
(7)
Research, development and testing of products;
(8)
Storage, repair and dispatch of large equipment,
including construction equipment, farm equipment and similar equipment;
(9)
Energy production facilities;
(10)
Other industrial uses similar to those enumerated
above;
(11)
Retail sales of products produced by or associated
with the principal use of the site, including a factory outlet store
for the sale of items produced on site or associated with items produced
on site.
C.
Accessory uses. The following are uses that are accessory
or subordinate to the principal permitted use and are permitted as
such:
D.
Lot requirements. Facilities or uses located in the
Industrial District are subject to the following conditions:
(1)
Minimum acreage. The minimum site acreage is
two acres;
(2)
Minimum lot width and depth. The minimum lot
width and depth requirements for each site is width 200 feet, depth
200 feet;
(3)
Setbacks. The minimum setback from all side
and rear lot lines is 25 feet; front lot line setback is 50 feet.
E.
General requirements.
(1)
Maximum building height. No part of any building
shall be erected to a height greater than 35 feet, measured from natural
grade at the building site.
(2)
Open space. At least 35% of the site shall be
devoted to usable open space.
(3)
Parking. All facilities must provide for on-site
parking facilities. No on-street parking will be permitted. All parking
lots must feature landscaped islands and, if adjacent to the public
right-of-way, landscaped and grassy areas at least 20 feet in depth
measured from the edge of the right-of-way.
(4)
Accessory buildings. Accessory buildings are
permitted where required for the function of the principal use(s).
Accessory buildings must comply with all setback and screening requirements.
(5)
Truck loading. Truck loading and unloading must
be confined to on-site areas. All loading and unloading areas shall
utilize a landscape buffer from an adjoining district.
(6)
Equipment. All equipment, electrical substations
and mechanical devices shall utilize a landscape buffer from an adjoining
district.
(7)
Storage. All outdoor storage of goods or materials
shall utilize a landscape buffer from an adjoining district.
(8)
Signage. All building and on-site signage must
comply with the regulations of the Town of Brutus regulating signage.
(9)
Utilities. Sites shall have access to adequate
electric, natural gas, water, sewer and telecommunications facilities.
(10)
A minimum twenty-foot vegetative buffer adjacent
to state or county trails shall be established by the applicant.
[Added 12-12-2011 by L.L. No. 2-2011]
A.
Intent. The Commercial District established in this section is designed
to provide adequate and appropriate sites to accommodate certain facilities
involved in retail trade and commerce or service-type transactions
within the municipality. The general goals include, among others,
the following specific purposes to:
(1)
Provide a planned district where retail sales, food services,
or other services that involve stocks of goods, wares or merchandise
are provided for the community as a whole;
(2)
Protect and buffer abutting districts by establishing setbacks,
limiting on street loading/unloading areas and parking, and establishing
landscape screening provisions;
(3)
Guide development which will minimize the danger of fires, explosions,
toxic and noxious matter, radiation, offensive noise, vibration, smoke,
odor, and other objectionable influences or hazards;
(4)
Promote the most desirable use of the land, maintain land values,
and protect municipal tax revenues.
B.
Permitted uses. No building or premises shall be used, and no building
or part of a building shall be erected which is arranged, intended,
or designed to be used, in whole or in part, for any purpose except
for the following:
(1)
Antique store.
(2)
Appliance store;
(3)
Artists' studios, art store;
(4)
Bakery, confectionery shop, ice cream shops, and coffee shop;
(5)
Bank, savings, loan, and finance office;
(6)
Barber and beauty shop;
(7)
Books, magazines and newspapers store;
(8)
Clothing, clothing accessories and yard goods store;
(9)
Computer sales and service;
(10)
Drugstore and sundries store;
(11)
Dry-cleaning and laundry-collection stations and store;
(12)
Department store, furniture and variety store;
(13)
Food and beverage establishment;
(14)
Gift, stationery and office supply store;
(15)
Gasoline filling station;
(16)
Hardware, lawn and garden supply store;
(17)
Jewelry, optician, luggage shop;
(18)
Print shop, post office and packing/shipping service;
(19)
Shoe and shoe repair shop;
(20)
Supermarket (groceries, meats and baked goods);
(21)
Florist shop;
(22)
Video rental shop;
(23)
Tailor and dressmaking shop;
(24)
Administration or professional office;
(25)
Real estate or insurance office;
(26)
Restaurant;
(27)
Theatre, concert or performing arts venue;
(28)
Broadcasting studio;
(29)
Motor vehicle sales agency, including service and repairs indoors,
with outdoor sales, display and storage;
(30)
Shop for making articles sold primarily at retail on the premises;
(31)
Convenience store;
(32)
Gasoline station;
(33)
Nursery school and day-care center;
(34)
Liquor store;
(35)
Fraternal organization and club;
(36)
Open stand or market;
(37)
Car wash;
(38)
Motor vehicle race track;
(39)
Fairground;
(40)
Indoor and outdoor recreational and/or amusement facility;
(41)
Hotel and/or motel;
(42)
Shopping center and/or mall (comprehensive development of land
to accommodate multiple commercial and/or retail uses in a single
or several buildings);
(43)
Industrial park (comprehensive development of land to accommodate
multiple buildings devoted to industrial activities);
(44)
Business park (comprehensive development of land to accommodate
multiple business and/or office uses in a single or several buildings);
(45)
Other uses similar to those enumerated above.
C.
Prohibited uses. The following uses shall not be allowed in the Commercial
District:
(1)
Manufacturing and assembly line operation, except those included
within an industrial park;
(2)
Warehousing or storage of products for distribution except that
which is incidental to the business operations, or included within
an industrial park;
(3)
Automobile junkyards and junk dealer businesses;
(4)
The outdoor storage of goods or materials;
(5)
Open-sided covered structures or trailers.
D.
Accessory uses. The following are uses that are accessory or subordinate
to the principal permitted use and are permitted as such:
E.
Lot requirements. Facilities or uses located in any manufacturing
district are subject to the following conditions:
(1)
Minimum acreage. The minimum site acreage is one acre; except
for shopping centers and/or malls, for which the minimum site acreage
is five acres.
(2)
Minimum lot width and depth. The minimum lot width and depth
requirements for each site are: width 100 feet; depth 100 feet.
(3)
Setbacks. The minimum setback from all side and rear lot lines
is 25 feet; front lot line setback is 50 feet.
F.
General requirements.
(1)
Maximum building height. No part of any building shall be erected
to a height greater than 35 feet measured from natural grade at the
building site.
(2)
Open space. At least 35% of the site shall be devoted to usable
open space, including the parking area.
(3)
Parking. All facilities must provide for on-site parking; no
on-street parking will be permitted; all parking lots must feature
landscaped islands.
(4)
Accessory buildings. Accessory buildings are permitted where
required for the function of the principal use(s); accessory buildings
must comply with all setback and screening requirements of this section.
(5)
Truck loading. Truck loading and unloading is confined to on-site
areas; all loading and unloading areas shall be shielded from view
from main roadways.
(6)
Equipment. All equipment, electrical substations, and mechanical
devices shall be shielded from view from main roadways.
(7)
Signage. All building and on-site signage must comply with the
municipal ordinances regulating signage.
(8)
Utilities. Sites shall have access to adequate electric, natural
gas, water, sewerage system, and telecommunications facilities.
(9)
All business and service shall be conducted within completely
enclosed buildings, except the retailing of motor vehicle, fuels and
oils, and open stands or markets.
A.
All uses in the S-D Special Development District shall
require a special permit issued by the Planning Board after consultation
with the Cayuga County Planning Board. All site plans shall be reviewed
by representatives of the Cayuga County Soil and Water Conservation
District.
[Amended 5-11-2015 by L.L. No. 1-2015]
B.
Special permit uses shall be as follows:
(1)
Private indoor and outdoor recreation facilities.
(2)
Private indoor and outdoor amusement facilities.
(3)
Hotels.
(4)
Motels.
(6)
Residential parks.
(7)
Industrial parks.
(8)
Office parks.
(10)
Agricultural-Residential District uses as found in § 125-11A, except that raising of livestock, small animals or poultry shall not be permitted.
[Added 4-8-1996 by L.L. No. 1-1996;
amended 4-14-2014 by L.L. No. 2-2014]
(11)
One-family and two-family dwellings shall be
permitted without a special permit but with a zoning permit and building
permit as set forth in the Zoning Law.
[Added 4-8-1996 by L.L. No. 1-1996]
C.
Uses prohibited. All other uses shall be prohibited.
D.
Lot sizes and yards. The size of the lot and yards
shall be determined by the Planning Board in issuing the special permit.
[Amended 5-11-2015 by L.L. No. 1-2015]
