Except as may be hereinafter provided, the provisions
of this article shall govern the use of land and buildings in the
various districts, specifically:
A.
Use of land and buildings. No building shall hereafter
be erected and no existing building shall be altered, added to or
move on or onto a lot nor shall any land or building be used or arranged
to be used for any purpose other than is included among the uses listed
in this article for the district in which it is located.
B.
Building and structure height. No structure or building
shall hereafter be erected or altered to exceed in height the limit
designated for the district in which it is located according to the
following schedule:
(1)
Residential buildings. The maximum height for residential
buildings shall be 28 feet.
(2)
Other buildings. The maximum height for other buildings
shall be 35 feet, except in the Waterfront Commercial District where
boat-related use buildings shall have a maximum height of 50 feet
and in the industrial districts where other buildings shall have a
maximum height of 50 feet.
(3)
Structures. The maximum height for structures shall
be 50 feet, except in the industrial districts where the maximum height
shall be 80 feet.
C.
Space and area regulations. No building shall be hereafter
erected nor shall any existing building be altered, enlarged or moved,
nor shall any lot, yard, lot width, open space, loading or parking
space required in relation to any building or use be encroached upon
or reduced in any manner not in conformity with the lot area, lot
area per family, lot coverage, open space and building bulk regulations,
yard requirements and other space and area regulations designated
herein for the district in which it is located, as specified by the
Zoning Schedule.[1]
[1]
Editor's Note: The Zoning Schedule is included as an attachment to this chapter.
D.
Lot area requirements. No building shall be hereafter
erected nor shall any existing building be altered, enlarged or moved
so as not to be in conformity with the requirements for minimum lot
area and minimum lot area per family as specified by the Zoning Schedule.
[Amended 4-14-1997 by L.L. No. 2-1997]
(1)
No building permit will be issued for construction
on a nonconforming lot.
(2)
No lot will be accepted for filing as a building lot
in the Town of Wilson that is undersized for building within the district
in which it is located.
(3)
No lot may be severed from another lot leaving an
undersized improved lot. Whether a lot is undersized will be determined
by reference to the district in which it is located.
E.
Use of yards. Yards, as required herein, shall not
be used for the storage of merchandise, equipment, building materials,
junk, vehicles, vehicle parts or any other material or for signs,
except as specific provision is made therefor.
F.
Yard requirements. No building shall be hereafter
erected nor shall any existing building be altered, enlarged or moved
so as not to be in conformity with the requirements of front, side
and rear yards as specified by the Zoning Schedule.
G.
Greenbelt regulations. As specified herein, specific
permitted uses, accessory uses, temporary uses and special uses require
a separation or buffer zone from neighboring adjacent lots. This greenbelt
consisting of grass areas, trees, plantings, etc., may be included
in the yard dimensions.
H.
Grade limitation. The grade of any improved lot or
premises shall conform substantially to that of adjacent improved
property and shall have at least a rise of 1/4 inch per foot of setback,
measured from the crown of the furthest adjacent street.
I.
Combining of parcels. Two or more contiguous or neighboring parcels
(held in one ownership) shall only be combined upon the filing of
a recorded deed properly describing the contiguous parcels as one
entity with a singular property description.
[Added 2-18-2015 by L.L. No. 1-2015]
J.
Portable storage units and temporary storage trailers. Portable storage
units, trailers utilized for storage and Quonset but structures used
for temporary storage shall be allowed subject to the following conditions:
[Added 7-15-2015 by L.L.
No. 3-2015]
(1)
Portable storage units and temporary storage trailers are prohibited
from being placed in streets or the front yard of a property. Portable
storage units and temporary storage trailers must be kept in the driveway
of the property at the furthest accessible point from the street.
All locations must be paved off-street surfaces.
(2)
Placement of portable storage units and temporary storage trailers
shall not exceed 30 consecutive days.
(3)
Only one portable storage unit or temporary storage trailer may be
placed at any residential property at one time.
K.
Recreational vehicles/travel trailers shall not be deemed a dwelling
in any zone in the Town of Wilson.
[Added 6-21-2023 by L.L.
No. 1-2023]
[Added 8-8-1988 by L.L. No. 4-1988]
A.
Intent and purpose. It is the intent and purpose of
this section to create a zoning district which would permit the establishment
of planned unit developments (PUD's) on one or more designated sites
and in proper locations so as to:
(1)
Variety of housing types: provide the opportunity
for the creation of a wider variety of housing types in the Town,
ranging from single-family detached to single-family attached units
(townhouses) and designated to serve the present and the future housing
needs of those persons working or living in the Town of Wilson.
(2)
Creative use of large tracts: encourage the
creative use of large tracts located on state or County highways so
as to promote the establishment of a more desirable living environment
than would be possible through their subdivision in accordance with
the conventional standards established elsewhere in this chapter.
(3)
Flexibility of design and development: permit
flexibility of design and development in such a way as to promote
superior land planning design, greater economy, efficiency and convenience
in the arrangement of land uses and their supporting infrastructure,
preserve open space and protect floodplains and other natural features.
(4)
Service and utilities: encourage orderly and
well-planned development of a scale and location that will make it
feasible to construct a comprehensive package of supporting utilities,
services and facilities, active and passive recreation facilities,
a stormwater control and retention system, etc., so as to achieve
developments which are environmentally, physically, visually and economically
superior.
(5)
Traffic circulation: encourage orderly development
of sites with substantial frontage on state and County highways to
provide safe, efficient access and traffic circulation.
(6)
Master Plan: promote a development pattern in
harmony with the objectives of the Town's Master Plan.
(7)
Preservation: preserve steep slopes, wetlands,
flood-prone areas, historic structures or unique natural or geological
formations, rare vegetation or habitats of endangered wildlife, lakes,
ponds, significant recreational areas or resources, trails, bikeways,
pedestrian routes and significant scenic routes, particularly ridgelines,
water bodies and streams.
(8)
Adequate review: provide adequate review and
supervision of development by requiring both conceptual and specific
plan approvals.
B.
Eligibility. This authorization shall be applicable
to all residentially zoned lands within the Town of Wilson and shall
be utilized only when the Town Board determines that its utilization
will benefit the Town. In all cases, the following requirements shall
be met:
(1)
Access. The site shall have access to a state
or County road or a road determined by the Town Board to serve an
arterial or through-traffic function.
(2)
Size. In order to ensure the necessary resources
to support and maintain control utilities and common open space, the
following minimum size is established:
|
District
|
Size
(minimum acres)
| |
|---|---|---|
|
MD-10
|
10
|
C.
Uses.
(1)
Permitted uses. Permitted uses within a PUD
shall be as follows:
D.
Development standards and controls. Except where specified
herein, all development standards and controls normally applicable
to all other residential subdivisions and uses shall also be applicable
to PUD's.
(1)
Density. The maximum permitted density in any
PUD will be two units to the acre in the MD-10 Zone; 30,000 square
feet per family for one- to four-family units, both inclusive; and
10,000 square feet per family for over four-family units. For purposes
of calculation, all acreage shall be included except water bodies,
designated wetlands and slopes of 25% and over.
(2)
Minimum lot dimension.
(a)
Single-family detached units. In no case shall
single-family detached housing units be placed on lots smaller than
30,000 square feet.
(b)
Single-family attached and semidetached units.
In no case shall single-family attached and semidetached units be
placed on lots smaller than 30,000 square feet per unit, or it shall
be shown to the satisfaction of the Planning Board that the net density
of individual clusters will not exceed a net density of eight units.
(3)
Frontage. The site must have a minimum street
frontage of 100 feet.
(4)
Building height. The maximum permitted building
height within a PUD shall be 2 1/2 stories or 35 feet.
(5)
Site coverage. The permitted gross building
coverage on any PUD site shall be a norm of 15%.
(6)
Screening and buffering. The minimum buffer
area shall be in no case less than 50 feet, measured from the boundary
of the PUD. In reviewing the development plan, the Planning Board
shall consider the setback and proposed screening of parking and active
recreation areas and may require buffer areas of up to 100 feet. Buffer
and screening areas shall be landscaped or left in their natural state
in accordance with the landscaping provisions of this Zoning Ordinance.
(7)
Open space and recreation areas. At least 1/3
of the gross acreage of any PUD shall be composed of land which is
used for recreational purposes and/or preserved as permanent open
space.
(8)
Unit design considerations. For PUD's with attached
and semidetached units, in order that such subdivisions will be properly
planned in relation to the community and personal needs of people,
the following design elements shall be considered by the Planning
Board in addition to the specific provisions of the Land Subdivision
Regulations[1] and the normal factors examined in site plan review:
(a)
Need for personal privacy. Visual privacy shall
be preserved for residents through the proper design of rear yards
and/or patio spaces. Proper screening through the use of vegetation,
fencing and partially enclosed patios shall be provided. Audio privacy
shall be maintained by requiring proper standards for solid party
walls that will satisfactorily limit sound transmission between adjoining
dwelling units.
(b)
Need for maintaining the scale of building to
ensure compatibility with natural and man-made surroundings. Four
dwelling units shall be the normal maximum permitted per building
to ensure that attached and semidetached units will be compatible
in scale with the character of surrounding development and to ensure
a pleasant environment for the residents of such units through maximizing
views and by providing a close relationship to immediately adjacent
open space at the sides of units as well as to the front and rear.
The Planning Board may, where it deems necessary, limit the number
of dwelling units per building to less than four and may permit up
to eight units in circumstances where building layout or natural terrain
conditions can help assure aesthetic design, adequate private and
semiprivate open spaces and significant views.
(9)
Layout design considerations; need for preserving
existing neighborhood identity and community scale. The Planning Board
shall consider the layout of small neighborhoods or clusters within
the development, each having some open space immediately surrounding
it, as a goal of proper site planning so that a massive concentration
of units with little or no differentiation can be avoided and so that
the character of the PUD will match the character of the neighborhood
in which it is located.
(10)
Vehicular circulation system and traffic access.
All streets and driveways within a PUD shall be designed to adequately
serve their intended traffic function and the anticipated volume of
traffic of the development. Direct access shall be provided by a state
or County highway. Major traffic circulation streets which connect
to the various sections of the PUD and provide access to the highways
shall be designated collector roadways and shall be paved to a width
of not less than 20 feet unless the Planning Board and Town Highway
Superintendent, after reviewing the traffic circulation systems, determine
that a different width is necessary. All other vehicle circulation
elements shall be designated as minor roadways and shall be paved
to a width of not less than 18 feet unless the Planning Board and
Town Highway Superintendent, after reviewing the traffic circulation
system, determine that a different width is necessary.
(11)
Pedestrian circulation system. In each PUD,
a pedestrian circulation system shall be designed and installed in
addition to the vehicular circulation system, which is sufficient
for the needs of PUD residents. Such a system might be composed of
a combination of paved and unpaved walkways and bikeways of appropriate
width, design and location to serve their intended function.
(12)
Utilities and services.
(a)
Underground lines. All power and communication
lines, as well as water, sewer and storm drainage lines, shall be
installed underground in the manner prescribed by the regulations
of the government agency or utility company having jurisdiction.
(b)
Approval. All building's within PUD's shall
be served by water supply and sewage treatment systems as approved
by the appropriate government agency or agencies having jurisdiction
thereof.
(c)
Future needs. Where facilities are provided,
they shall be planned in such a way as to anticipate future utility
needs and, wherever reasonably feasible, shall be sited to reduce
the capital costs associated with any future central utility construction.
(d)
Television hookups. Television hookups shall
either be by cable television or a central antenna system designed
to minimize adverse aesthetic impact.
(e)
Refuse collection. The PUD shall provide an
adequate means of collection and storing refuse between collections.
Any outside storage and garbage shall be in centrally located containers
designed to prevent rodent infestations and shall provide sufficient
screening as determined by the Planning Board.
(13)
Energy efficiency. The plan for development
of any site within PUD Zones shall be designed and arranged in such
a way as to promote energy efficiency and assure solar access for
all dwelling units.
E.
Application procedure. The application and approval
procedure shall consist of three sequential phases. The first phase
shall be rezoning review by the Town Board. The second phase shall
be PUD development plan review by the Planning Board. The applicant
may, prior to formal submission of his development plan application,
meet in a preapplication conference with the Planning Board to review
the requirements and procedures defined herein and to discuss the
general planning concepts for the proposed development.
(1)
Phase 1: PUD rezoning application to the Town
Board.
(a)
The application for a rezoning and development
plan shall consist of the following, of which 25 copies shall be submitted
to the Town Board, which will refer it to the Planning Board for its
recommendation:
[1]
PUD development plan. The PUD development plan
shall be drawn at a scale of not less than one inch equals 50 feet
and may consist of one or more sheets indicating the following information:
[a]
Ownership: property lines and the
names of all adjoining streets and property owners.
[b]
Neighboring uses: a map showing
the use of land in and adjacent to the site.
[c]
Topography: topographic information,
including contours with a vertical interval of no more than 10 feet.
[d]
Features: existing natural and
man-made features, including streams, wetlands, significant outcroppings,
stone walls, floodplains, slopes of 15%, slopes over 25%, buildings
and other improvements.
[e]
Circulation: the proposed elements
of the vehicular and pedestrian circulation system.
[f]
Land use plan: a land use plan
showing the proposed uses of the site, including open spaces and recreation
area(s), the location of residential areas, their type, size and composition,
any area of nonresidential use, sites reserved for public utilities,
etc.
[g]
Utilities and services: the nature
and general location of all utility and service systems and facilities,
including sewer, water, storm drains, public utilities and refuse
storage.
[h]
Applicant and owner: the name and
address of the applicant and the property owner and, if the applicant
is other than the property owner, evidence of his authority to act
and of the planner, engineer, architect, surveyor and/or other professionals
engaged to work on the project.
[2]
Written statement. The written statement accompanying
the PUD development plan shall consist of a text description of the
proposed plan indicating how it will serve to implement the intent
and purpose of such development as set forth in this section, a preliminary
analysis estimating the various quantitative elements of the plan,
including the number of residential dwelling units (by type), the
amount of nonresidential floor space and the number of off-street
parking facilities, as well as the types of planned recreation facilities,
proposals for the construction, operation and maintenance of all recreation
facilities, open space, parking areas, walkways, utilities and other
common lands and facilities.
[3]
Staging plan: a proposed plan indicating the
approximate staging of building construction and related improvements
within the PUD, including the general order of construction and the
estimated timing of each stage.
[4]
List of approvals required: a list of approvals
required from various governmental agencies prior to proceeding with
the first stage and any subsequent stage of development.
[5]
Environmental documents. A long-form environmental
impact assessment shall be submitted. If determined necessary, an
environmental impact statement will be prepared in accordance with
the requirements of the New York State Environmental Quality Review
Act,[2] describing the anticipated physical impacts of the proposed
development, including any negative impacts that may result and actions
planned by the applicant to mitigate them.
[2]
Editor's Note: See Environmental Conservation
Law § 8-0101 et seq.
[6]
Fee. The application and accompanying documents
shall be accompanied by a filing fee of $150 per each acre or fraction
thereof of the land contained within the proposed site. If an environmental
impact statement is required, an additional fee will be set in accordance
with the State Environmental Quality Review Act.
(b)
Preliminary appearance. The applicant shall
appear at least once before the Town Board to explain the application
and answer any preliminary questions of the Planning Board.
(c)
Planning Board referral. To assist in its rezoning
review, the Town Board will refer the proposed PUD development plan
to the Planning Board for its review and recommendation. Within 45
days of the date of the referral by the Town Board and receipt by
the Planning Board of all necessary documents, the Planning Board
shall recommend to the Town Board approval, disapproval or approval
with modifications and revisions of the rezoning request.
(d)
Other referral. To further assist in its rezoning
review, the Town Board may refer the proposed PUD development plan
to any agencies or officials of the Town, County or state government
as the Board may determine appropriate.
(e)
Town Board action. The Town Board shall act
on the rezoning application in accordance with the Town Law.
(2)
Phase 2: review of the PUD development plan
by the Planning Board.
(a)
Submission. The PUD development plan, with any
modifications made as a result of the rezoning, and all necessary
documents to comply with the State Environmental Quality Review Act
shall be submitted to the Planning Board. For Planning Board review,
the development plan must meet the following requirements:
(b)
Public hearing on PUD development plan.
[1]
Deadline. Within 45 days of the date of receipt
of all necessary documents, unless such time shall be extended by
consent of the applicant and the Board, the Planning Board shall hold
a public meeting on the PUD development plan application.
[2]
Notice. Notice of such public hearing will be
published, posted and mailed or served on abutting property owners
according to provisions of the Town Law.
[3]
Compliance with General Municipal Law. The Planning
Board shall also comply with General Municipal Law §§ 239-l
and 239-m.
(c)
Standards to be used in reviewing PUD development
plan application by the Planning Board. In arriving at a decision
to approve or disapprove the PUD development plan application, the
Planning Board shall take into consideration the following:
[1]
Compliance with intent and purposes: the extent
to which the application will serve to implement the intent and purposes
of planned residential developments.
[2]
Compliance with standards: whether the proposed
uses meet the standards set forth in this section.
[3]
Natural features: the proposed arrangement of
land uses and their proposed layout on the site, including their compatibility
to natural topographic features and adjoining properties.
[4]
Impact: the impact of the proposed development
upon neighborhood properties and the community as a whole.
[5]
Staging plan: The staging plan shall be designed
to assure that future residents of the first sections of the PUD shall
have adequate services, including all utilities, streets, recreational
facilities and landscaping, to suit their needs, even if future stages
do not materialize.
(d)
Decision of Planning Board. Within 45 days of
the date of the public hearing, the Planning Board shall, by resolution,
act either to approve, approve with modifications or disapprove the
PUD development plan application. If the application is disapproved,
reasons shall be stated.
[Amended 5-17-1993 by L.L. No. 1-1993]
(e)
Effect of approval. Approval by the Planning
Board, or approval with modifications, shall be deemed to authorize
the applicant to proceed with the detailed design of the initial stage(s)
of the proposed development and to submit applications for detailed
site plan approval of such stage(s), or sections thereof, in accordance
with the approved PUD development plan and to therefore design and
submit detailed site plan applications for each subsequent stage.
(f)
Subsequent action. The application shall not
be deemed to waive any right of the Planning Board to a detailed review
of any aspect of the development in the subsequent section or site
plan review.
(g)
Expiration. Approval or approval with modifications
of the PUD development plan shall expire at the end of 12 months after
the date of issuance unless the applicant has submitted at least one
detailed site plan application for a section of the PUD or such time
limit is extended by the Planning Board.
(3)
Phase 3: detailed site plan approval of PUD
sections by the Planning Board.
(a)
Initiation of third stage. Subsequent to Planning
Board approval of the PUD development plan application, the applicant
shall proceed to the third stage of review, which involves detailed
site plan approval of the various sections of the PUD.
(b)
Site plan approval. The review and approval
of the section site plans shall be in accordance with the standards,
requirements and procedures of the site plan requirements of this
Zoning Ordinance, with the additional requirements set forth herein.
Site plan approval shall be required prior to the issuance of building
permits within any section or stage of an approved PUD.
(c)
Phases. The site plan requirements, when applied
to a review of the section of a PUD, shall be deemed also to include
the factors listed in Phase 1: PUD rezoning application to the Town
Board above, as those apply to each section of the PUD, and a detailed
review of the adequacy, location, arrangement, design and appearance
of each aspect of development listed in the application procedure
above. While the scope of the Planning Board's review of the site
plan will generally relate to the section of the PUD at issue, the
Planning Board shall have the authority to assure that aspects of
the development (e.g., water, sewer, utilities, streets, etc.) which
will later be used to service or connect to other sections of the
PUD shall be adequate to suit the purposes and needs of the PUD development
as a whole.
(d)
Fee. Each subsequent application after the first
initial application for sectional site plan approval shall be accompanied
by a fee of $50 per dwelling unit in the proposed section.
(e)
Variation from PUD development plan. The specific
type and number of proposed dwelling units within the development
may be varied by no more than 10% from the distribution as shown on
the approved PUD development plan, but in no case shall the total
number of dwelling units in the entire PUD be permitted to exceed
the number approved as a part of the PUD development plan.
(f)
Legal assurances. Each application for detailed
site plan approval shall be accompanied by appropriate legal documents
as may be necessary to provide for and assure the continued proper
future maintenance and ownership responsibility for all common areas,
facilities and utilities within each stage of development or section
thereof.
(g)
Other assurances. The Planning Board may condition
its approval upon the applicant's obtaining any other necessary approvals,
licenses or permits from the appropriate Town, County or state agencies
having jurisdiction thereof.
(h)
Phased approval. To assure orderly development
within a PUD, the Planning Board shall only approve site plans for
subsequent sections of the PUD as the pace of development in proceeding
sections may warrant.
(i)
Performance bonds. The applicant may be required
to furnish proof of financial responsibility and post performance
bonds in sufficient amounts and duration to assure that all streets
or other public places shown on the site plan shall be suitably graded
and paved and that street signs, sidewalks, streetlighting standards,
curbs, gutters, street trees, water mains, fire alarm signal devices,
including necessary ducts and cables or other connection facilities,
sanitary sewers and storm drains or combined sewers shall be installed
all in accordance with the standards, specifications and procedures
acceptable to the appropriate Town departments.
(j)
The Town Board may from time to time, by resolution,
establish different fees than those herein prescribed.
[Added 5-17-1993 by L.L. No. 1-1993;
amended 2-13-1995 by L.L. No. 1-1995]
A.
Statement of intent and objectives.
(1)
It is the intent of this Planned Unit Commercial
Development District to permit flexibility in the design and development
of office, warehousing and commercial developments. The planned development
regulations are designed to give the developer a knowledge of the
general type of development permitted before the completion of detailed
design for every building or parcel, while providing the Town with
assurances that the overall commercial park development will be satisfactorily
planned and constructed within the framework of an overall conceptual
plan for the entire tract.
(2)
The Town Board further declares that this intent
cannot be achieved through the use of traditional bulk and use zoning
and subdivision regulations, the application of which to substantial
tracts of land may be inimical to the ability of the Town to take
full advantage of the most advanced techniques of land development.
(3)
Flexibility of design and development. Permit
flexibility of design and development in such a way as to promote
superior land planning design, greater economy, efficiency and convenience
in the arrangement of land uses and their supporting infrastructure,
preserve open space and protect floodplains and other natural features.
(4)
Service and utilities. Encourage orderly and
well-planned development of a scale and location that will make it
feasible to construct a comprehensive package of supporting utilities,
services and facilities, active and passive recreation facilities,
a stormwater control and retention system, etc., so as to achieve
developments which are environmentally, physically, visually and economically
superior.
(5)
Traffic circulation. Encourage orderly development
of sites with substantial frontage on state, County and Town highways
to provide safe, efficient access and traffic circulation.
(6)
Master Plan. Promote a development pattern in
harmony with the objectives of the Town's Master Plan.
(7)
Preservation. Preserve steep slopes, wetlands,
flood-prone areas, historic structures or unique natural or geological
formations, rare vegetation or habitats of endangered wildlife, lakes,
ponds, significant recreational areas or resources, trails, bikeways,
pedestrian routes and significant scenic routes, particularly ridgelines,
water bodies and streams.
(8)
Adequate review. Provide adequate review and
supervision of development by requiring both conceptual and specific
plan approvals.
B.
Eligibility. This authorization shall be applicable
to all zoned lands within the Town of Wilson and shall be utilized
only when the Town Board determines that its utilization will benefit
the Town. In all cases, the following requirements shall be met:
(1)
Access. The site shall have access to a state,
County or Town road or a road determined by the Town Board to serve
an arterial or through-traffic function.
(2)
Size.
(a)
In order to ensure the necessary resources to
support and maintain control utilities and common open space, the
following minimum size is established:
|
District
|
Size
(minimum acres)
| |
|---|---|---|
|
PCD-20
|
20
|
(b)
Said acreage shall be in one ownership or in
joint ownership under a suitable agreement that provides for coordinate
development of the parcel. Said agreement shall be approved by the
Town Attorney of the Town of Wilson, New York,
C.
Uses.
(1)
(2)
Nonresidential use. Active and passive park
and recreational areas, open space and facilities, including swimming
pools, tennis courts, ball fields, playgrounds, walkways, bikeways,
nature trails and similar structures and facilities.
D.
Development standards and controls. Except where specified
herein, all development standards and controls normally applicable
to all other commercial subdivisions and uses shall also be applicable
to PCD's.
(1)
Minimum site dimension. The site must have a
minimum street frontage of 500 feet and a minimum depth of 1,000 feet,
measured from the edge of the right-of-way.
(2)
Building height. The maximum permitted building
height within a PCD shall be three stories or 40 feet.
(3)
Site coverage. The permitted gross building
coverage on any PCD site shall not exceed 40% of the lot area.
E.
Signs. The use of signs or similar devices for the purpose of advertisement or identification with the planned commercial development, exclusive of municipal signs, shall be regulated by § 127-37 and it is further limited to:
(1)
A sign pertaining to the identification of the
planned commercial development and located at or near the entrance
to the development, provided that the design, scale, material and
location thereof is in harmony with and complementary to the overall
development; such sign may be used independently or as an architectural
extension of a building, structure or wall and may also be illuminated,
provided that it shall be properly shaded so that the source of light
will not be visible.
(2)
Signs pertaining to the identification of commercial
or nonresidential establishments, provided that the design, scale,
material and location thereof is in harmony with and complementary
to the overall development; such signs may also be illuminated, provided
that they shall be properly shaded so that the source of light will
not be visible.
(3)
Signs pertaining to the direction of pedestrian
or vehicular traffic, provided that the design, scale, material and
location thereof is in harmony with and complementary to the overall
development; such signs may also be illuminated, provided that they
shall be properly shaded so that the source of light will not be visible.
(4)
There shall be no facade or sign lighting above
grade level floors.
(5)
Screening and buffering. The minimum buffer
area shall be in no case less than 50 feet, measured from the boundary
of the PCD. In reviewing the development plan, the Planning Board
shall consider the setback and proposed screening of parking and active
recreation areas and may require buffer areas of up to 100 feet. Buffer
and screening areas shall be landscaped or left in their natural state
in accordance with the landscaping provisions of this Zoning Ordinance.
(6)
Unit design considerations (for PCD's). In order
that such subdivisions will be properly planned in relation to the
community and personal needs of people, the following design elements
shall be considered by the Planning Board in addition to the specific
provisions of the Land Subdivision Regulations[2] and the normal factors examined in site plan review:
(a)
Need for personal privacy. Visual privacy shall
be preserved for occupants through the proper design of rear yards
spaces. Proper screening through the use of vegetation or fencing
shall be provided. Audio privacy shall be maintained by requiring
proper standards for solid party walls that will satisfactorily limit
sound transmission between adjoining units.
(b)
Open storage of equipment, materials or vehicles,
not to exceed a height of six feet, shall be permitted but shall not
be located within 100 feet of any residential district and/or street
line or within 10 feet of any building. Said storage areas shall be
adequately screened from adjacent uses and streets with evergreen
planting and/or solid fence of at least eight feet in height. Such
open storage areas shall be included in the maximum percent of coverage
of land by buildings.
(c)
All areas not used for buildings, circulation,
parking, storage, maintenance or utilities shall be suitably landscaped
and maintained in good condition.
(d)
No parking area shall be provided within 20
feet of an internal street or internal lot line or within 15 feet
of any building. No parking area shall be permitted within 50 feet
of residential zoning districts, 25 feet of state, County or Town
highways and 25 feet of any external lot line or PCD District boundary.
Suitable landscaping shall be provided.
(e)
Suitable access for emergency vehicles shall
be provided for all structures in the planned development.
(7)
Vehicular circulations system and traffic access.
All streets and driveways within a PCD shall be designed to adequately
serve their intended traffic function and the anticipated volume of
traffic of the development. Direct access shall be provided by a state,
Town or County highway. Major traffic circulation streets which connect
to the various sections of the PCD and provide access to the highways
shall be designated collector roadways and shall be paved to a width
of not less than 24 feet unless the Planning Board and Town Highway
Superintendent, after reviewing the traffic circulation systems, determine
that a different width is necessary. All other vehicle circulation
elements shall be designated as minor roadways and shall be paved
to a width of not less than 18 feet unless the Planning Board and
Town Highway Superintendent, after reviewing the traffic circulation
system, determine that a different width is necessary.
(a)
The minimum buffer required around the entire
planned development shall be 50 feet, with parking areas permitted
within said buffer, and as limited hereinabove. No building shall
be located with 200 feet of any residential property or district except
when the property situated in such residential district is a public
or private utility right-of-way, in which case no building shall be
located within 100 feet thereof. No building shall be located within
100 feet of any zoning district boundary, external lot line or the
right-of-way of a road of state, Town or County jurisdiction. No building
shall be located within 50 feet of any internal lot line or internal
street. Suitable landscaping shall be provided.
(8)
Site and structure requirements.
(a)
Natural features, such as streams, rock outcrops,
topsoil, trees and shrubs, shall be preserved and incorporated in
the landscaping of the development.
(b)
Where adequate surface drainage is not possible
by grading alone, a supplementary drainage system approved by the
Town of Wilson shall be required.
(c)
To improve the quality of the environment and
to reduce inconvenience during bad weather, all electrical and telephone
equipment shall be installed underground.
(d)
Lot sizes, dimensions and locations thereon
may be freely disposed of, and buildings may be arranged in conformity
with the overall density standards set forth herein. The minimum lot
size or frontage of a lot is not specified herein. In reviewing any
application for a planned development, the Planning Board shall be
guided by standards set elsewhere in this chapter for comparable uses
and by common good planning practice, to the extent that the resulting
development shall be compatible with the surroundings, and to assure
the stability of the uses proposed to be developed on the site.
(e)
The right-of-way and pavement widths for internal
roads shall be determined from sound planning and engineering standards
to be adequate and sufficient in size, location and design to accommodate
the maximum traffic, parking and loading needs and the access of fire-fighting
equipment and police or emergency vehicles. The pavement of said roads
shall be not less than 24 feet wide. All streets shall be subject
to all other applicable Town ordinances.
(f)
The developer shall provide all necessary water
and sewer facilities, storm drainage, highway access, paved service
streets, parking and loading facilities and off-streetlighting, making
reasonable provisions for utility service connections with adjoining
properties in other ownerships. Such proposed improvements shall be
subject to review by the Planning Board of the Town of Wilson, New
York.
(9)
Pedestrian circulation system. In each PCD,
a suitable pedestrian circulation system shall be designed and installed
in addition to the vehicular circulation system. Such a system shall
be composed of paved walkways of appropriate width, design and location
to serve their intended function.
(10)
Utilities and services.
(a)
Underground lines. All power and communication
lines, as well as water, sewer and storm drainage lines, shall be
installed underground in the manner prescribed by the regulations
of the government agency or utility company having jurisdiction.
(b)
Approval. All buildings within PCD's shall be
served by water supply and sewage treatment systems as approved by
the appropriate government agency or agencies having jurisdiction
thereof.
(c)
Future needs. Where facilities are provided,
they shall be planned in such a way as to anticipate future utility
needs and, wherever reasonably feasible, shall be sited to reduce
the capital costs associated with any future central utility construction.
(d)
Refuse collection. The PCD shall provide an
adequate means of collection and storing refuse between collections.
Any outside storage and garbage shall be in centrally located containers
designed to prevent rodent infestations and shall provide sufficient
screening as determined by the Planning Board.
(11)
Energy efficiency. The plan for development
of any site within PCD Zones shall be designed and arranged in such
a way as to promote energy efficiency.
F.
Application procedure. The application and approval
procedure shall consist of three sequential phases. The first phase
shall be rezoning review by the Town Board. The second phase shall
be PCD development plan review by the Planning Board. The applicant
may, prior to formal submission of his development plan application,
meet in a preapplication conference with the Planning Board to review
the requirements and procedures defined herein and to discuss the
general planning concepts for the proposed development.
(1)
Phase 1: PCD rezoning application to the Town
Board.
(a)
The application for a rezoning and development
plan shall consist of the following, of which 25 copies shall be submitted
to the Town Board, which will refer it to the Planning Board for its
recommendation:
[1]
PCD development plan. The PCD development plan
shall be drawn at a scale of not less than one inch equals 50 feet
and may consist of one or more sheets indicating the following information:
[a]
Ownership. Property lines and the
names of all adjoining streets and property owners.
[b]
Neighboring uses. A map showing
the use of land in and adjacent to the site.
[c]
Topography. Topographic information,
including contours with a vertical interval of no more than 10 feet.
[d]
Features. Existing natural and
man-made features, including streams, wetlands, significant outcroppings,
stone walls, floodplains, slopes of 15%, slopes over 25% buildings
and other improvements.
[e]
Circulation. The proposed elements
of the vehicular and pedestrian circulation system.
[f]
Land use plan. A land use plan
showing the proposed uses of the site, including open spaces and recreation
area(s), any area of nonresidential use, sites reserved for public
utilities, etc.
[g]
Utilities and services. The nature
and general location of all utility and service systems and facilities,
including sewer, water, storm drains, public utilities and refuse
storage.
[h]
Applicant and owner. The name and
address of the applicant and the property owner and, if the applicant
is other than the property owner, evidence of his authority to act
and of the planner, engineer, architect, surveyor and/or other professionals
engaged to work on the project.
[2]
Written statement. The written statement accompanying
the PCD development plan shall consist of a text description of the
proposed plan indicating how it will serve to implement the intent
and purpose of such development as set forth in this section, a preliminary
analysis estimating the various quantitative elements of the plan,
the amount of floor space and the number of off-street parking facilities,
as well as the types of planned recreation facilities, proposals for
the construction, operation and maintenance of all recreation facilities,
open space, parking areas, walkways, utilities and other common lands
and facilities.
[3]
Staging plan. A proposed plan indicating the
approximate staging of building construction and related improvements
within the PCD, including the general order of construction and the
estimated timing of each stage.
[4]
List of approvals required. A list of approvals
required from various governmental agencies prior to proceeding with
the first stage and any subsequent stage of development.
[5]
Environmental documents. A long-form environmental
impact assessment shall be submitted. If determined necessary, an
environmental impact statement will be prepared in accordance with
the requirements of the New York State Environmental Quality Review
Act,[3] describing the anticipated physical impacts of the proposed
development, including any negative impacts that may result and actions
planned by the applicant to mitigate them.
[3]
Editor's Note: See Environmental Conservation
Law § 8-0101 et seq.
[6]
Fee. The application and accompanying documents
shall be accompanied by a filing fee of $150 per each acre or fraction
thereof of the land contained within the proposed site. If an environmental
impact statement is required, an additional fee will be set in accordance
with the State Environmental Quality Review Act.
(b)
Preliminary appearance. The applicant shall
appear at least once before the Town Board to explain the application
and answer any preliminary questions of the Planning Board.
(c)
Planning Board referral. To assist in its rezoning
review, the Town Board will refer the proposed PCD development plan
to the Planning Board for its review and recommendation. Within 45
days of the date of the referral by the Town Board and receipt by
the Planning Board of all necessary documents, the Planning Board
shall recommend to the Town Board approval, disapproval or approval
with modifications and revisions of the rezoning request.
(d)
Other referral. To further assist in its rezoning
review, the Town Board may refer the proposed PCD development plan
to any agencies or officials of the Town, County or state government
as the Board may determine appropriate.
(e)
Town Board action. The Town Board shall act
on the rezoning application in accordance with the Town Law.
(2)
Phase 2: Review of the PCD development plan
by the Planning Board.
(a)
Submission. The PCD development plan, with any
modifications made as a result of the rezoning and all necessary documents
to comply with the State Environmental Quality Review Act, shall be
submitted to the Planning Board. For Planning Board review, the development
plan must meet the following requirements:
(b)
Public hearing on PCD development plan.
[1]
Deadline. Within 45 days of the date of receipt
of all necessary documents, unless such time shall be extended by
consent of the applicant and the Board, the Planning Board shall hold
a public meeting on the PCD development plan application.
[2]
Notice. Notice of such public hearing will be
published, posted and mailed or served on abutting property owners
according to provisions of the Town Law.
[3]
Compliance with General Municipal Law. The Planning
Board shall also comply with General Municipal Law §§ 239-1
and 239-m.
(c)
Standards to be used in reviewing PCD development
plan application by the Planning Board. In arriving at a decision
to approve or disapprove the PCD development plan application, the
Planning Board shall take into consideration the following:
[1]
Compliance with intent and purposes. The extent
to which the application will serve to implement the intent and purposes
of planned commercial developments.
[2]
Compliance with standards. Whether the proposed
uses meet the standards set forth in this section.
[3]
Natural features. The proposed arrangement of
land uses and their proposed layout on the site, including their compatibility
with natural topographic features and adjoining properties.
[4]
Impact. The impact of the proposed development
upon neighborhood properties and the community as a whole.
[5]
Staging plan. The staging plan shall be designed
to assure that future occupants of the first sections of the PCD shall
have adequate services, including all utilities, streets, recreational
facilities and landscaping, to suit their needs, even if future stages
do not materialize.
(d)
Decision of Planning Board. Within 45 days of
the date of the public hearing, the Planning Board shall, by resolution,
act either to approve, approve with modifications or disapprove the
PCD development plan application. If the application is disapproved,
reasons shall be stated.
(e)
Effect of approval. Approval of the Planning
Board, or approval with modifications, shall be deemed to authorize
the applicant to proceed with the detailed design of the initial stage(s)
of the proposed development and to submit applications for detailed
site approval of such stage(s), or sections thereof, in accordance
with the approved PCD development plan and to therefore design and
submit detailed site plan applications for each subsequent stage.
(f)
Subsequent action. The application shall not
be deemed to waive any right of the Planning Board to a detailed review
of any aspect of the development in the subsequent section or site
plan review.
(g)
Expiration. Approval or approval with modifications
of the PCD development plan shall expire at the end of 12 months after
the date of issuance unless the applicant has submitted at least one
detailed site plan application for a section of the PCD or such time
limit is extended by the Planning Board.
(3)
Phase 3: Detailed site plan approval of PCD
sections by the Planning Board.
(a)
Initiation of third stage. Subsequent Board
approval of the PCD development plan application, the applicant shall
proceed to the third stage of review, which involves detailed site
plan approval of the various sections of the PCD.
(b)
Site plan approval. The review and approval
of the section site plans shall be in accordance with the standards,
requirements and procedures of the site plan requirements of this
Zoning Ordinance, with the additional requirements set forth herein.
Site plan approval shall be required prior to the issuance of building
permits within any section or stage of an approved PCD.
(c)
Phases. The site plan requirements, when applied
to a review of the section of a PCD, shall be deemed also to include
the factors listed in Phase 1: PCD rezoning application to the Town
Board above, as those apply to each section of the PCD, and a detailed
review of the adequacy, location, arrangement, design and appearance
of each aspect of development listed in the application procedure
above. While the scope of the Planning Board's review of the site
plan will generally relate to the section of the PCD at issue, the
Planning Board shall have the authority to assure that aspects of
the development (e.g., water, sewer, utilities, streets, etc.) which
will later be used to service or connect to other sections of the
PCD shall be adequate to suit the purposes and needs of the PCD development
as a whole.
(d)
Fee. Each subsequent application after the first
initial application for sectional site plan approval shall be accompanied
by a fee as fixed by the Town Board.
(e)
Variation from PCD development plan. The specific
type and number of proposed units within the development may be varied
by no more than 10% from the distribution as shown on the approved
PCD development plan, but in no case shall the total number of units
in the entire PCD be permitted to exceed the number approved as a
part of the PCD development plan.
(f)
Legal assurances. Each application for detailed
site plan approval shall be accompanied by appropriate legal documents
as may be necessary to provide for and assure the continued proper
future maintenance and ownership responsibility for all common areas,
facilities and utilities within each stage of development or section
thereof.
(g)
Other assurances. The Planning Board may condition
its approval upon the applicant's obtaining any other necessary approvals,
licenses or permits from the appropriate Town, County or state agencies
having jurisdiction thereof.
(h)
Phased approval. To assure orderly development
within a PCD, the Planning Board shall only approve site plans for
subsequent sections of the PCD as the place of development in proceeding
sections may warrant.
(i)
Performance bonds. The applicant may be required
to furnish proof of financial responsibility and post performance
bonds in sufficient amounts and duration to assure that all streets
or other public places shown on the site plan shall be suitably graded
and paved and that street signs, sidewalks, streetlighting standards,
curbs, gutters, street trees, water mains, fire alarm signal devices,
including necessary ducts and cables or other connection facilities,
sanitary sewers and storm drains or combined sewers shall be installed
all in accordance with standards, specifications and procedures acceptable
to the appropriate Town departments.
(j)
The Town Board may from time to time, by resolution,
establish different fees than those herein prescribed.
A.
Purpose. The general purpose of this district is to
promote agricultural activities and a rural atmosphere. This includes
family-oriented facilities, such as places of worship or learning
and recreational or other activities requiring open space.
B.
The following are permitted uses, subject to the issuance
of a building permit and/or certificate of occupancy, subject to the
conditions stated in the Zoning Schedule[1] and herein:
(1)
A farm, subject to the following conditions:
(a)
No building in which farm animals or poultry
are kept shall be located within 100 feet of any lot line.
(b)
There shall be no storage or piling of manure
within 200 feet of any adjoining residence or within 100 feet of any
lot line.
(c)
No swine shall be kept within 500 feet of any
adjoining residence or within 200 feet of any lot line.
(d)
No farm equipment and/or supplies shall be kept
within 100 feet of any lot line unless in an accessory building, subject
to applicable regulations.
(2)
A dwelling for not more than two families.
(3)
A church, temple, synagogue or similar place of religious
worship or use.
(5)
A nursing home, retirement home, senior citizen home
or similar place.
(6)
A cemetery.
(7)
Town buildings or Town storage areas.
(8)
A public park or recreational area.
[1]
Editor's Note: The Zoning Schedule is located
at the end of this chapter.
C.
The following are permitted accessory uses, if applicable to the use, subject to the conditions stated herein and in § 127-25:
(1)
Signs.
(2)
Pools.
(3)
Fences.
(4)
Parking.
(5)
Farm operations, except farm ponds.
(6)
Tool, garden or greenhouse.
(7)
Storage.
(8)
TV/satellite antenna.
(10)
The keeping of not more than three nontransient
roomers or boarders.
(11)
A private stable on a residential lot of not
less than five acres.
(12)
A labor camp for seasonal farm labor, constructed
to state regulations and approved by the appropriate agencies, for
farm labor employed on a farm of not less than 80 acres.
D.
The following are permitted special uses, subject to the issuance of a special use permit in accordance with § 127-46, and a building permit and/or certificate of occupancy, subject to the conditions stated in the Zoning Schedule[2] and herein:
(1)
A fur farm, industrialized dairy or poultry farm,
pig farm or farm of similar nature.
(2)
A dog kennel or veterinary clinic, certified by the
County Society for the Prevention of Cruelty to Animals. A minimum
separation of at least 200 feet to the nearest resident must be maintained.
A sound barrier may be required.
(3)
A commercial or livery stable.
(4)
A vegetable/fruit market or stand for commercial operations
with produce from on- or off-premises, along with miscellaneous related
products, offered for sale. Adequate parking must be provided.
(5)
A nursery, florist or greenhouse for commercial operations,
with produce from on or off the premises, along with miscellaneous
related products, offered for sale. Adequate parking must be provided.
(6)
A day or overnight camp or public or private club
or group facilities. Prior approval by the County Health Department
of potable water supply and sanitary facilities shall be obtained.
The activities and functions shall be specified, along with the maximum
number of persons to be accommodated at the site at any one time.
Greenbelts shall be provided as specified, along with visual screens
and fencing to provide privacy and confinement of activities and functions.
Sufficient parking shall be provided. Occupancy of the site by minors
without a responsible adult shall be prohibited.
(7)
A trailer/tent campground. A site plan shall be provided
showing all proposed individual tent or trailer sites (indicated as
a square or circle in which each tent or trailer is to be located).
Prior approval by the County Health Department of proposed potable
water supply and sanitary facilities shall be obtained. Campsites
shall be adequately separated to provide privacy. Greenbelts shall
be provided as specified, along with visual screens and fencing to
provide privacy and confinement of activities and functions. Driveways
shall be designed for safety and privacy of the campsites. Operating
standards shall be provided which, among other requirements, shall
provide that the camp be operated in & neat, safe and sanitary
manner; that garbage be collected and removed daily; that parking
areas be kept reasonably free of dust; that a suitable registry of
guests be maintained; that the seasonal character of the use be maintained;
and that the grounds be cleared of all camping equipment not part
of the approved plans during the off-season.
(8)
A golf course. The greenbelt cannot include fairways
and/or putting greens. Prior approval by the County Health Department
of potable water supply and sanitary facilities shall be obtained.
Sufficient parking must be provided. Operating standards shall be
provided which, among other requirements, shall provide that the golf
course be operated in a neat and sanitary manner; that garbage be
collected and removed daily; that parking areas be kept reasonably
free of dust; that a suitable registry of guests be maintained; that
the seasonal character of the use be maintained; and that the grounds
be cleared of all golfing equipment not part of the approved plans
during the off-season.
(10)
A recreational pond for private use, provided
that the site is documented by the appropriate County, state and federal
agencies as being acceptably designed and built and that the pond
will not adversely affect adjacent properties with regard to water
supply, drainage and flooding. The location and size of the pond must
be accurately determined and is subject to approval by the Zoning
Board of Appeals.
(11)
A farm pond for farm operations, provided that
the site is documented by the appropriate County, state and federal
agencies as being acceptably designed and built and that the pond
will not adversely affect adjacent properties with regard to water
supply, drainage and flooding. The location and size of the pond must
be accurately determined and is subject to approval by the Zoning
Board of Appeals.
(12)
Continuation of existing mobile home parks in strict accordance with the provisions of Chapter 90 of the Code of the Town of Wilson. Prior approval by the County Health Department of potable water supply and sanitary facilities shall be obtained.
(14)
Agricultural tourism related activities. On-farm recreational activities
such as hayrides, petting zoo, harvest festivals, and cornfield mazes
that contribute to the production and marketing of crops, livestock
or livestock products.
[Added 7-21-2021 by L.L.
No. 4-2021]
[2]
Editor's Note: The Zoning Schedule is located
at the end of this chapter.
A.
Purpose. The general purpose of this district is to
promote agricultural activities and a semirural atmosphere. This includes
family oriented facilities, such as places of worship or learning
and recreational or commercial activities requiring space.
B.
The following are permitted uses, subject to the issuance
of a building permit and/or certificate of occupancy, subject to the
conditions stated in the Zoning Schedule[1] and herein:
(1)
A farm, subject to the following conditions:
(a)
No building in which farm animals or poultry
are kept shall be located within 100 feet of any lot line.
(b)
There shall be no storage or piling of manure
within 200 feet of any adjoining residence or within 100 feet of any
lot line.
(c)
No swine shall be kept within 500 feet of any
adjoining residence or within 200 feet of any lot line.
(d)
No farm equipment and/or supplies shall be kept
within 100 feet of any lot line unless in an accessory building, subject
to applicable regulations.
(2)
A dwelling for not more than two families.
(3)
A church, temple, synagogue or similar place of religious
worship or use.
(5)
A nursing home, retirement home, senior citizen home
or similar place.
(6)
A cemetery.
(7)
Town buildings or Town storage areas.
(8)
A public park or recreational area.
[1]
Editor's Note: The Zoning Schedule is located
at the end of this chapter.
C.
The following are permitted accessory uses, if applicable to the use, subject to the conditions stated herein and in § 127-25:
(1)
Signs.
(2)
Pools.
(3)
Fences.
(4)
Parking.
(5)
Farm operations, except farm ponds.
(6)
Tool, garden or greenhouse.
(7)
Storage.
(8)
TV/satellite antenna.
(10)
The keeping of not more than three nontransient
roomers or boarders.
(11)
A private stable on a residential lot of not
less than five acres.
D.
The following are permitted special uses, subject to the issuance of a special use permit in accordance with § 127-46 and a building permit and/or certificate of occupancy, subject to the conditions stated in the Zoning Schedule[2] and herein:
(1)
A vegetable/fruit market or stand, as specified in § 127-11D(4).
(2)
A day or overnight camp or public or private club, as specified in § 127-11D(6).
(3)
A golf course, as specified in § 127-11D(8).
(4)
A trailer/tent campground, as specified in § 127-11D(7).
(6)
A farm pond, as specified in § 127-11D(11).
[2]
Editor's Note: The Zoning Schedule is located
at the end of this chapter.
A.
Purpose. The general purpose of this district is to
promote agricultural activities and a semirural atmosphere. This includes
family oriented facilities, such as places of worship or learning
and recreational or commercial activities requiring space.
B.
The following are permitted uses, subject to the issuance
of a building permit and/or certificate of occupancy, subject to the
conditions stated in the Zoning Schedule[1] and herein:
(1)
A farm, subject to the following conditions:
(a)
No building in which farm animals or poultry
are kept shall be located within 100 feet of any lot line.
(b)
There shall be no storage or piling of manure
within 200 feet of any adjoining residence or within 100 feet of any
lot line.
(c)
No swine shall be kept within 500 feet of any
adjoining residence or within 200 feet of any lot line.
(d)
No farm equipment and/or supplies shall be kept
within 100 feet of any lot line unless in an accessory building, subject
to applicable regulations.
(2)
A dwelling for not more than two families.
(3)
A church, temple, synagogue or similar place of religious
worship or use.
(5)
A nursing home, retirement home, senior citizen home
or similar place.
(6)
A cemetery.
(7)
Town buildings or Town storage areas.
(8)
A public park or recreational area.
[1]
Editor's Note: The Zoning Schedule is located
at the end of this chapter.
C.
The following are permitted accessory uses, if applicable to the use, subject to the conditions stated herein and in § 127-25:
(1)
Signs.
(2)
Pools.
(3)
Fences.
(4)
Parking.
(5)
Farm operations, except farm ponds.
(6)
Tool, garden or greenhouse.
(7)
Storage.
(8)
TV/satellite antenna.
(9)
The keeping of not more than three nontransient roomers
or boarders.
(10)
A private stable on a residential lot of not
less than five acres.
D.
The following are permitted special uses, subject to the issuance of a special use permit in accordance with § 127-46 and a building permit and/or certificate of occupancy, subject to the conditions stated in the Zoning Schedule[2] and herein:
(1)
A vegetable/fruit market, as specified in § 127-11D(4).
(2)
A day or overnight camp or public or private club, as specified in § 127-11D(6).
(3)
A golf course, as specified in § 127-11D(8).
(4)
A trailer/tent campground, as specified in § 127-11D(7).
(6)
A farm pond, as specified in § 127-11D(11).
[2]
Editor's Note: The Zoning Schedule is located
at the end of this chapter.
[Added 4-18-2005 by L.L. No. 2-2005]
A.
Purpose. The general purpose of this district is to
promote more intensive residential development. Smaller lot sizes
are appropriate because of the installation of sanitary sewers in
this district.
B.
The following are permitted uses, subject to the issuance
of a building permit and/or certificate of occupancy, subject to the
conditions stated in the Zoning Schedule[1] and herein:
(1)
A single-, double- or multifamily dwelling.
(2)
A church, temple, synagogue or similar place
of religious worship or use.
(3)
A Town building or Town storage area.
(4)
A public park or recreational area.
[1]
Editor's Note: The Zoning Schedule is located
at the end of this chapter.
A.
Purpose. The general purpose of this district is to
promote more intensive residential development with the intention
of someday providing sanitary sewers. It also includes family oriented
facilities, such as places of worship or learning. Smaller lot sizes
have been provided: however, unless sanitary sewers are provided,
the developments must provide proper on-site sewage treatment which
may require larger lots than specified as minimum.
B.
The following are permitted uses, subject to the issuance
of a building permit and/or certificate of occupancy, subject to the
conditions stated in the Zoning Schedule[1] and herein:
(1)
A farm, subject to the following conditions:
(a)
No building in which farm animals or poultry
are kept shall be located within 100 feet of any lot line.
(b)
There shall be no storage or piling of manure
within 200 feet of any adjoining residence or within 100 feet of any
lot line.
(c)
No swine shall be kept within 500 feet of any
adjoining residence or within 200 feet of any lot line.
(d)
No farm equipment and/or supplies shall be kept
within 100 feet of any lot line unless in an accessory building, subject
to applicable regulations.
(2)
A single-, double- or multifamily dwelling.
(3)
A church, temple, synagogue or similar place of religious
worship or use.
(5)
A nursing home, retirement home, senior citizen home
or similar place.
(6)
A cemetery.
(7)
Town buildings or Town storage areas.
(8)
A public park or recreational area.
[1]
Editor's Note: The Zoning Schedule is located
at the end of this chapter.
C.
The following are permitted accessory uses, if applicable to the use, subject to the conditions stated herein and in § 127-25:
D.
The following are permitted special uses, subject to the issuance of a special use permit in accordance with § 127-46 and a building permit and/or certificate of occupancy, subject to the conditions stated in the Zoning Schedule[2] and herein:
(1)
A vegetable/fruit market as specified in § 127-11D(4).
(2)
A mobile home park in strict accordance with Chapter 90 of the Code of the Town of Wilson. Prior approval by the County Health Department of potable water supply and sanitary facilities shall be obtained.
(4)
A farm pond, as specified in § 127-11D(11).
[2]
Editor's Note: The Zoning Schedule is included as an attachment to this chapter.
[Amended 6-20-2018 by L.L. No. 1-2018]
A.
Purpose. The general purpose of this district is to promote commercial
establishments relating to the sale and/or service of agricultural
equipment, light industry, and retail business relating to the basic
needs of the rural residential community. These districts are located
in areas of the Town designed for suitable access and minimized disruption
to the community.
B.
The following are permitted uses, subject to the issuance of a building
permit and/or certificate of occupancy, subject to the conditions
stated in the Zoning Schedule[1] and herein:
(1)
A farm, subject to the following conditions:
(a)
No building in which farm animals or poultry are kept shall
be located within 100 feet of any lot line.
(b)
There shall be no storage or piling of manure within 200 feet
of any adjoining residence or within 100 feet of any lot line.
(c)
No swine shall be kept within 500 feet of any adjoining residence
or within 200 feet of any lot line.
(d)
No farm equipment and/or supplies shall be kept within 100 feet
of any lot line unless in an accessory building, subject to applicable
regulations.
(2)
Town buildings or Town storage areas.
(3)
A public park or recreational area.
(4)
Office building, such as for real estate sales, architects, lawyers,
doctors, etc., provided that adequate parking is provided.
(5)
Retail trade stores, such as for clothes, footwear, drugs, hardware,
groceries, bakery. Adequate parking shall be provided.
(6)
Vegetable/fruit market or stand, as specified in § 127-11D(4).
(7)
Nursery, florist, greenhouse for commercial operations with produce
from on or off the premises, along with miscellaneous related products,
offered for sale. Adequate parking must be provided.
(8)
Farm equipment, supplies/sales/service. Adequate parking shall be
provided.
(9)
Wholesale sales/storage facilities.
(10)
Building materials sales yard.
(11)
Builders, suppliers, contractors' offices and sales yards.
(12)
Mobile home, boat, trailer, car, truck sales and service.
(13)
Manufacturer, sales and service of small machinery and electronics
equipment.
(14)
Fabrication of metal products, such as bicycles and furniture;
paper products, such as bags and boxes; wood products, such as boxes,
trusses, and furniture; and stone products, such as countertops, pottery,
and home decor items.
(15)
Food and associated industry.
(16)
Research and scientific laboratories.
(17)
Warehouse/storage facilities.
[1]
Editor's Note: The Zoning Schedule is included as an attachment to this chapter.
D.
The following are permitted special uses, subject to the issuance of a special use permit in accordance with § 127-46 and a building permit and/or certificate of occupancy, subject to the conditions stated in the Zoning Schedule and herein:
(1)
A dog kennel or veterinary clinic, certified by the Niagara County
Society for the Prevention of Cruelty to Animals.
(2)
A gas station, repair garage or car wash, subject to the following:
(a)
Gas stations. A site plan is required showing the location of
all improvements as related to adjacent areas. All trash shall be
required to be suitably stored and regularly removed from the premises.
Parts of the front yard not within the required greenbelt may, at
the discretion of the Board of Appeals, be used for the servicing
of automobiles, the placing of gas pump islands, telephone booths,
permitted signs, etc. Pump islands may, at the discretion of the Board,
be covered with a roof structure. Customary sale of items not generally
related to automotive servicing shall be prohibited. Any incidental
car-washing operations shall be within buildings, with adequate measures
taken for the handling of drainage so as to avoid stream pollution.
(b)
Repair garage. A site plan is required showing the location
of all improvements as related to adjacent areas. All automotive repair
work shall be required to be carried on within buildings, and any
equipment, parts or temporarily inoperative vehicles stored on the
premises shall be suitably enclosed. Adequate provision shall be made
for the temporary storage and prompt removal of permanently inoperative
vehicles, scrap parts and other waste materials. All areas open to
encroachment by automobiles shall be suitably indicated on the plan
and shall be required to be suitably improved and provided with wheel
or bumper stops. Parts of the front yard not included in the required
greenbelt may, at the discretion of the Board, be utilized for temporary
parking of operative vehicles in accordance with the approved plan.
(c)
Car wash. A site plan is required showing the location of all
improvements as related to adjacent areas. All car washing operations
shall be carried on within buildings. A waiting area shall be provided
to accommodate peak waiting lines without the necessity to overflow
onto the street. All wastewater drainage facilities shall be approved
by the County Health Department.
(3)
A motel, cottage, cabin, tourist home. A site plan is required showing
the location of all improvements as related to adjacent areas. Prior
approval by the County Health Department of potable water supply and
sanitary facilities shall be obtained. The maximum number of persons
to be accommodated at the site at any one time shall be specified.
Occupancy of the site by minors without a responsible adult shall
be prohibited. Greenbelts shall be provided as specified, along with
visual screens and fencing to provide privacy and confinement of activities
and functions. Sufficient parking shall be provided.
(4)
Restaurant. A site plan showing the location of all improvements
as related to adjacent areas is required. At the discretion of the
Board of Appeals, part of the front yard, other than a part of the
required greenbelt, may be used for the parking of cars and serving
of food. The perimeter of the service area shall be fenced with a
fence suitable for the stopping of blowing paper. Adequate and convenient
trash receptacles shall be provided. All service areas shall be paved
and well drained. Provisions shall be required that the area be kept
neat, clean and free from trash. Where public water and sewer are
not available, prior approval of plans for these facilities by the
County Health Department shall be required.
(5)
A small motor repair shop. A site plan shall be required showing
all proposed improvements and areas to be used for the display or
storage of materials, vehicles and equipment.
(6)
A gym or exercise facility. A site plan shall be required showing
the location of all proposed improvements. At the discretion of the
Board of Appeals, part of the front yard, other than a part of the
required greenbelt, may be used for the parking of cars. The perimeter
of the service area shall be fenced with a fence suitable for the
stopping of blowing paper or debris. Adequate and convenient trash
receptacles shall be provided. All service areas shall be paved and
well drained. Provisions shall be required that the area be kept neat,
clean and free from trash. Where public water and sewer are not available,
prior approval of plans for these facilities by the County Health
Department shall be required.
(7)
A farm pond, as specified in § 127-11D(11).
E.
F.
In the event of a fire and/or natural disaster occurring to a residential
dwelling within this zone, structures constructed prior to the adoption
of this section shall be deemed as permitted use and allowed to rebuild
in a substantially similar manner.
A.
Purpose. The general purpose of this district is to
promote commercial establishments relating to the sale and/or service
of agricultural equipment or products and retail business relating
to the basic needs of the rural residential community. These districts
are located near residential areas in the Town to provide for the
most suitable access to and minimize the disruption to the community.
B.
The following are permitted uses, subject to the issuance
of a building permit and/or certificate of occupancy, subject to the
conditions stated in the Zoning Schedule[1] and herein:
(1)
A farm, subject to the following conditions:
(a)
No building in which farm animals or poultry
are kept shall be located within 100 feet of any lot line.
(b)
There shall be no storage or piling of manure
within 200 feet of any adjoining residence or within 100 feet of any
lot line.
(c)
No swine shall be kept within 500 feet of any
adjoining residence or within 200 feet of any lot line.
(d)
No farm equipment and/or supplies shall be kept
within 100 feet of any lot line unless in an accessory building, subject
to applicable regulations.
(2)
Town buildings or Town storage areas.
(3)
A public park or recreational area.
(4)
Retail trade stores, such as for drugs, hardware,
groceries, or bakery. Adequate parking shall be provided.
(5)
Personal service establishments, such as a barbershop
or beauty salon. Adequate parking shall be provided.
(6)
Public or private club facilities. Adequate parking
must be provided.
[1]
Editor's Note: The Zoning Schedule is included as an attachment to this chapter.
C.
The following are permitted accessory uses, if applicable to the use, subject to the conditions stated herein and in § 127-25:
D.
The following are permitted special uses, subject to the issuance of a special use permit in accordance with § 127-46 and a building permit and/or certificate of occupancy, subject to the conditions stated in the Zoning Schedule[2] and herein:
(1)
A vegetable/fruit market or stand, as specified in § 127-11D(4).
(2)
A gas station, repair garage or car wash, as specified in § 127-15D(2).
(3)
A small motor repair shop, as specified in § 127-15D(8).
(4)
A farm pond, as specified in § 127-11D(11).
[2]
Editor's Note: The Zoning Schedule is included as an attachment to this chapter.
A.
Purpose. The general purpose of this district is to
promote commercial establishments relating to the tourism industry
and retail business relating to the basic needs of the semirural residential
community and travelers. This district is located near the state park
and waterfront to maximize its usage.
B.
The following are permitted uses, subject to the issuance
of a building permit and/or certificate of occupancy, subject to the
conditions stated in the Zoning Schedule[1] and herein:
(1)
A farm, subject to the following conditions:
(a)
No building in which farm animals or poultry
are kept shall be located within 100 feet of any lot line.
(b)
There shall be no storage or piling of manure
within 200 feet of any adjoining residence or within 100 feet of any
lot line.
(c)
No swine shall be kept within 500 feet of any
adjoining residence or within 200 feet of any lot line.
(d)
No farm equipment and/or supplies shall be kept
within 100 feet of any lot line unless in an accessory building, subject
to applicable regulations.
(2)
Town buildings or Town storage areas.
(3)
A public park or recreational area.
[1]
Editor's Note: The Zoning Schedule is included as an attachment to this chapter.
C.
The following are permitted accessory uses, if applicable to the use, subject to the conditions stated herein and in § 127-25:
D.
The following are permitted special uses, subject to the issuance of a special use permit in accordance with § 127-46 and a building permit and/or certificate of occupancy, subject to the conditions stated in the Zoning Schedule[2] and herein:
(1)
Motels, cottages, cabins, tourist homes. Prior approval
by the County Health Department of potable water supply and sanitary
facilities shall be obtained. The maximum number of persons to be
accommodated at the site at any one time shall be specified. Occupancy
of the site by minors without a responsible adult shall be prohibited.
Greenbelts shall be provided as specified, along with visual screens
and fencing to provide privacy and confinement of activities and functions.
Sufficient parking shall be provided.
(2)
Golf course. The greenbelt cannot include fairways
and/or putting greens. Prior approval by the County Health Department
of potable water supply and sanitary facilities shall be obtained.
Sufficient parking must be provided. Operating standards shall be
provided which, among other requirements, shall provide that the golf
course be operated in a neat and sanitary manner; that garbage be
collected and removed daily; that parking areas be kept reasonably
free of dust; that a suitable registry of guests be maintained; that
the seasonal character of the use be maintained; and that the grounds
be cleared of all golfing equipment not part of the approved plans
during the off season.
(3)
Trailer/tent campground. A site plan shall be provided
showing all proposed individual tent or trailer sites (indicated as
a square or circle in which each tent or trailer is to be located).
Prior approval by the County Health Character of proposed potable
water supply and sanitary facilities shall be obtained. Campsites
shall be adequately separated to provide privacy. Greenbelts shall
be provided as specified, along with visual screens and fencing to
provide privacy and confinement of activities and functions. Driveways
shall be designed for safety and privacy of the campsites. Operating
standards shall be provided which, among other requirements, shall
provide that the camp be operated in a neat and sanitary manner; that
garbage be collected and removed daily; that parking areas be kept
reasonably free of dust; that a suitable registry of guests be maintained;
that the seasonal character of the use be maintained; and that the
grounds be cleared of all camping equipment not part of the approved
plans during the off season.
(4)
Restaurants. A site plan shall be required showing
the location of all improvements as related to adjacent areas. At
the discretion of the Board of Appeals, part of the front yard, other
than a part of the required greenbelt, may be used for the parking
of cars and serving of food. The perimeter of the service area shall
be fenced with a fence suitable for the stopping of blowing paper.
Adequate and convenient trash receptacles shall be provided. All service
areas shall be paved and be kept neat, clean and free from trash.
Where public water and sewer are not available, prior approval of
plans for these facilities by the County Health Department shall be
required.
(5)
Retail trade stores, such as convenience stores, bait
and tackle shops, antique shops, photo service, liquor and beverage
stores, drugstores. Adequate parking shall be provided.
(6)
Commercial or livery stable.
(7)
Vegetable/fruit market or stand for commercial operations
with produce from on or off premises, along with miscellaneous related
products offered for sale. Adequate parking must be provided.
(8)
A farm pond, as specified in § 127-11D(11).
[2]
Editor's Note: The Zoning Schedule is included as an attachment to this chapter.
A.
Purpose. The general purpose of this district is to
promote commercial establishments relating to the tourism industry,
in particular to the lake. This district is located near the state
park and waterfront to maximize its usage.
B.
The following are permitted uses, subject to the issuance
of a building permit and/or certificate of occupancy, subject to the
conditions stated in the Zoning Schedule[1] and herein:
(1)
Town buildings or storage areas.
(2)
A public park or recreational area.
(3)
Boat docking, launching facilities.
(4)
Marina.
(5)
Yacht club.
(6)
Boat/marina/trailer sales, service and storage.
(7)
Commercial fishing and charter operations.
(8)
Single-family dwelling.
[Added 6-19-2019 by L.L.
No. 1-2019]
(9)
Retail store.
[Added 6-19-2019 by L.L.
No. 1-2019]
[1]
Editor's Note: The Zoning Schedule is included as an attachment to this chapter.
D.
The following are permitted special uses, subject to the issuance of a special use permit in accordance with § 127-46 and a building permit and/or certificate of occupancy, subject to the conditions stated in the Zoning Schedule[2] and herein:
(1)
Motels, cottages, cabins and tourist homes, as specified in § 127-17D(1).
(2)
Restaurants, as specified in § 127-17D(4).
(3)
Home occupations/professions/services/lodging, as defined in § 127-26, provided that all requirements specified are met.
[2]
Editor's Note: The Zoning Schedule is included as an attachment to this chapter.
A.
Purpose. The general purpose of this district is to
provide for light industry, such as equipment and material sales and
service for the community and manufacture, fabrication and processing
of small products, such as furniture, bicycles, computers and food.
The type of industry must be suitable to the surrounding residential
and agricultural community and provide protection of the environment.
B.
The following are permitted uses, subject to the issuance
of a building permit and/or certificate of occupancy, subject to the
conditions stated in the Zoning Schedule[1] and herein:
(1)
A farm, subject to the following conditions:
(a)
No building in which farm animals or poultry
are kept shall be located within 100 feet of any lot line.
(b)
There shall be no storage or piling of manure
within 200 feet of any adjoining residence or within 100 feet of any
lot line.
(c)
No swine shall be kept within 500 feet of any
adjoining residence or within 200 feet of any lot line.
(d)
No farm equipment and/or supplies shall be kept
within 100 feet of any lot line unless in an accessory building, subject
to applicable regulations.
(2)
Town buildings or Town storage areas.
(3)
Office buildings.
(4)
Farm equipment/supplies, sales and service.
(5)
Wholesale sales/storage facilities.
(6)
Building materials sales yard.
(7)
Builders, suppliers, contractors' offices and sales
yards.
(8)
Mobile home, boat, trailer, car, truck sales and service.
(9)
Manufacturer, sales and service of small machinery
and electronics equipment.
(10)
Fabrication of metal products, such as bicycles
and furniture; paper products, such as bags and boxes; and wood products,
such as boxes and furniture.
(11)
Food and associated industry,
(12)
Research and scientific laboratories.
(13)
Warehouse/storage facilities.
[1]
Editor's Note: The Zoning Schedule is included as an attachment to this chapter.
C.
The following are permitted accessory uses, if applicable to the use, subject to the conditions stated herein and in § 127-25:
D.
The following are permitted special uses, subject to the issuance of a special use permit in accordance with § 127-46 and a building permit and/or certificate of occupancy, subject to the conditions stated in the Zoning Schedule[2] and herein:
(1)
Gas station, repair garage or car wash, as specified in § 127-15D(2).
(2)
Vegetable/fruit market or stand, as specified in § 127-11D(4).
(3)
A dog kennel or veterinary clinic, as specified in § 127-11D(2).
(4)
A farm pond, as specified in 127-11D(11).
(5)
Specific special uses cited in § 127-23, if applicable, approved by the Town Board as specified.
(6)
An adult book, video, or entertainment facility or
store.
[Added 4-18-2005 by L.L. No. 2-2005]
[2]
Editor's Note: The Zoning Schedule is located
at the end of this chapter.
A.
Purpose. The general purpose of this district is to
provide for heavy industrial operations, such as manufacturing of
large machinery and sales and service of manufactured products, such
as paints and chemicals. This type of industry must be suitable to
the surrounding residential and agricultural community and provide
protection of the environment.
B.
The following are permitted uses, subject to the issuance
of a building permit and/or certificate of occupancy, subject to the
conditions stated in the Zoning Schedule[1] and herein:
(1)
A farm, subject to the following conditions:
(a)
No building in which farm animals or poultry
are kept shall be located within 100 feet of any lot line.
(b)
There shall be no storage or piling of manure
within 200 feet of any adjoining residence or within 100 feet of any
lot line.
(c)
No swine shall be kept within 500 feet of any
adjoining residence or within 200 feet of any lot line.
(d)
No farm equipment and/or supplies shall be kept
within 100 feet of any lot line unless in an accessory building, subject
to applicable regulations.
(2)
Town buildings or Town storage area.
(3)
Manufacture, sales and service of large machinery,
electrical equipment and transportation equipment.
(4)
Sales and service of chemicals, paint solvents, plastics
and grease.
(5)
Sales and service of pharmaceuticals and cosmetics,
etc.
(6)
Long and local distance truck terminals.
(7)
Gas stations, repair garages or car wash, as specified in § 127-15D(2).
[1]
Editor's Note: The Zoning schedule is located
at the end of this chapter.
C.
The following are permitted accessory uses, if applicable to the use, subject to the conditions stated herein and in § 127-25:
D.
The following are permitted special uses, subject to the issuance of a special use permit in accordance with § 127-46 and a building permit and/or certificate of occupancy, subject to the conditions stated in the Zoning Schedule[2] and herein:
(1)
A farm pond, as specified in § 127-11D(11).
[2]
Editor's Note: The Zoning Schedule is located
at the end of this chapter.
A.
Purpose. The purpose of this district is to provide
for public recreation, both for the community and for the tourist
industry.
B.
