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Alden Town City Zoning Code

ARTICLE III

District Use Regulations

§ 365-10 R-A Rural Agricultural District.

This district is intended to preserve and protect agricultural areas and to provide for limited rural residential development together with other nonintensive compatible activities.
A. 
Permitted principal uses are as follows:
[Amended 3-20-1995 by L.L. No. 1-1995; 12-6-2010 by L.L. No. 6-2010; 2-3-2014 by L.L. No. 1-2014]
(1) 
General agricultural land uses, agricultural buildings and activities, such as the growing of field, truck and tree crops, dairying, livestock raising, poultry farming, fur farming and hog raising, subject to the following:
(a) 
Buildings or structures used for the stabling of livestock (including but not limited to horses, cows, sheep, fowl or other animals) shall be located at least 150 feet from any street line.
(b) 
Minimum land area for horses shall be 40,000 square feet per horse.[1]
[1]
Editor's Note: Original Subsection A(1)(b), concerning setbacks for livestock fences, was repealed 1-17-2017 by L.L. No. 1-2017, which also provided for renumbering Subsection A(1)(c) to Subsection A(1)(b).
(2) 
Kennels, only upon the issuance of a kennel special use permit as regulated by Chapter 143, Dogs, of the Alden Town Code.
(3) 
Single-family dwellings.
(4) 
Churches, schools, parks and playgrounds.
(5) 
Fire stations and emergency services.
(6) 
Nurseries and greenhouses.
(7) 
Riding academies and stables.
(8) 
Private wildlife reservations or conservation projects, including the usual buildings therefor.
(9) 
Mining, turf farming and pond excavation in accordance with Chapter 195, Filling, Excavating and Topsoil Removal, of the Code of the Town of Alden.
(10) 
Veterinarians.
B. 
Permitted accessory uses are as follows:
[Amended 2-3-2014 by L.L. No. 1-2014]
(1) 
Private garages.
(2) 
Barns and other farm buildings.
(3) 
Seasonal roadside stands for the sale of farm products produced on the premises.
(4) 
Private swimming pools.
(5) 
Home occupations.
(6) 
Other customary uses normally associated with the principal use.
C. 
Uses permitted upon issuance of a special permit are as follows:
[Amended 3-20-1995 by L.L. No. 1-1995; 2-3-2014 by L.L. No. 1-2014]
(1) 
Golf courses.
(2) 
Gun club or shooting ranges.
(3) 
Animal cemeteries.
(4) 
Forest farming.
(5) 
Telecommunication towers.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(6) 
Gas wells.
(7) 
Racetracks.
(8) 
Cemeteries.
(9) 
Picnic and campgrounds.
D. 
Minimum lot sizes are as follows:
(1) 
Area: 80,000 square feet.
(2) 
Width: 200 feet. (See cluster provisions in Article VI.)
E. 
Minimum yard requirements are as follows:
(1) 
Front yard: 35 feet, except as provided under § 365-21.
(2) 
Side yards.
(a) 
Ten feet each for dwellings; and
(b) 
Thirty feet each for other principal buildings.
(3) 
Rear yard: 30 feet.
F. 
Building, structure and driveway requirements are as follows:
[Amended 9-5-2006 by L.L. No. 1-2006]
(1) 
Principal buildings:
(a) 
Maximum height.
[1] 
Dwellings: 30 feet.
[2] 
Other: 40 feet (no limit on farm buildings).
(b) 
Minimum floor area per dwelling unit:
[1] 
Two-family dwellings: 600 square feet.
(2) 
Accessory buildings.
(a) 
Maximum height: 20 feet (no limit on farm buildings).
(b) 
Yards and setbacks: as regulated under § 365-20, except as provided under § 365-21.
(3) 
Lot coverage. Maximum lot coverage by all buildings: 20%.
(4) 
Lot grading: § 365-29.
(5) 
Driveways: No driveways shall be constructed any closer than five feet to any side or rear property line.[3]
[3]
Editor's Note: Requirements for buffers and landscaping are reserved.
G. 
Site plan review. All applications for building permits shall be accompanied by an approved site plan except for the following: a single- or two-family dwelling on an individual lot, including its permitted accessory uses, general farming use and additions not exceeding 25% of the square footage of the existing structure. There shall be no limit on additions to single- or two-family dwellings.

§ 365-11 R-1 Residential District.

This district is intended to provide areas within the Town for low-density single-family detached residential development where each dwelling is located on an individual lot of at least 20,000 square feet. Maximum density will be approximately two dwelling units per gross acre.
A. 
Permitted principal uses are as follows:
(1) 
Single-family dwellings.
(2) 
Churches, schools, parks and playgrounds.
(3) 
Fire stations and emergency services.
B. 
Permitted accessory uses are as follows:
(1) 
Private garages.
(2) 
Private swimming pools.
(3) 
Private greenhouse, provided that such building shall be located at least 20 feet from any lot line and shall not exceed 12 feet in height.
(4) 
Outside storage of a travel trailer, camper, motor home, utility trailer or boat owned by the occupant of the premises for his personal use.
(5) 
Outside storage of a single commercial vehicle not exceeding a manufacturer's gross vehicle weight of 5,000 pounds.
(6) 
Other customary uses normally associated with the principal use.
(7) 
Home occupations.
C. 
Uses permitted upon issuance of a special permit are as follows:
(1) 
Golf courses.[1]
[1]
Editor's Note: Former Subsection C(1), which listed cemeteries as a use permitted upon issuance of a special permit, was repealed 3-20-1995 by L.L. No. 1-1995.
(2) 
Buildings for parks, recreation, clubs and fraternal organizations.
(3) 
Telecommunication towers.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(4) 
The raising or keeping of up to six hen chickens only (no other fowl), may be conducted as an accessory use upon the issuance of a special permit by the Town Board on the same premises associated with an owner-occupied single-family or two-family detached dwelling as the principal use, subject to the following procedures and conditions:
[Added 1-17-2017 by L.L. No. 1-2017]
(a) 
Applications for the special permit will be made to the Code Enforcement Officer (CEO). Once filed, the premises will be inspected by the CEO and a building plan for the coop and enclosure submitted for review.
(b) 
On the initial application, a public hearing will be necessary. Neighbors within 200 feet will be notified of the public hearing before the Town Board.
(c) 
After conducting the public hearing, the Town Board may or may not choose to direct that the CEO issue the special use permit which will be in effect for one year from the date of approval.
(d) 
If the special use permit is renewed consecutively by the same applicant/owner, no subsequent public hearing will be necessary unless complaints have been heard from residents during the previous year. Each annual renewal will be subject to an inspection by the CEO to insure continued compliance with the special use permit conditions. If no violations are found, the CEO can ask the Town Board to renew the special use permit.
(e) 
The special use permit shall be limited to the applicant and is not transferable.
(f) 
In the case of a two-family dwelling, only one special use permit may be issued for that property.
(g) 
The fee for such special use permit shall be set by the Town Board at their annual reorganizational meeting.
(5) 
Special conditions relative to the raising of chickens by special use permit in an R-1 District:
[Added 1-17-2017 by L.L. No. 1-2017]
(a) 
The maximum of six hen chickens only, raised for noncommercial purposes only, must be raised within a coop and fenced chicken run with a total area not to exceed 150 square feet. The coop must be constructed so as to not be unsightly to neighboring properties, and its design must be approved by the CEO.
(b) 
The coop and enclosure must be located in the rear yard and must be at least 15 feet from any adjacent property line. The coop must be located at least 75 feet to the rear of the rearmost part of the dwelling.
(c) 
Chickens may not roam free and must be kept entirely within the coop and/or fenced enclosure. The fenced enclosure must be constructed of suitable wire and materials so that the hens cannot escape or fly out of the enclosure.
(d) 
Absolutely no rooster chickens are allowed. If found at any time, the special use permit will be revoked by the Town Board and the holder will be subject to citation by the CEO.
(e) 
The raising of chickens shall be subject to all applicable sanitary, noise and property maintenance regulations and local laws.
(f) 
Chicken waste and bedding shall not be composted on site and shall be stored in appropriate containers that prohibit odors. Any odor associated with the raising of chickens shall not be perceptible beyond the property line.
(g) 
Feed for chickens must be kept inside the coop or other completely enclosed building in waterproof containers with lids, such as a plastic five gallon pail, so as to prevent rodent attraction.
D. 
Minimum lot sizes are as follows:
(1) 
Area: 20,000 square feet.
(2) 
Width (see cluster provisions in Article VI):
(a) 
Interior lots: 100 feet.
(b) 
Corner lots: 135 feet.
E. 
Minimum yard requirements are as follows:
(1) 
Front yard: 35 feet, except as provided under § 365-21.
(2) 
Side yards.
(a) 
Ten feet each for dwellings; and
(b) 
Thirty feet each for other principal buildings.
(3) 
Rear yard: 30 feet.
F. 
Building, structure and driveway requirements are as follows:
[Amended 9-5-2006 by L.L. No. 1-2006]
(1) 
Principal buildings.
(a) 
Maximum height.
[1] 
Dwellings: 30 feet.
[2] 
Other: 40 feet.
(b) 
Minimum floor area per dwelling unit: 1,200 square feet.
(2) 
Accessory buildings.
(a) 
Maximum height: 20 feet.
(b) 
Yards and setbacks: as regulated under § 365-20.
(3) 
Lot coverage. Maximum for coverage by all buildings: 30%.
(4) 
Lot grading: see § 365-29.
(5) 
Driveways: No driveway shall be constructed any closer than five feet to any side or rear property line.[3]
[3]
Editor's Note: Requirements for buffers and landscaping are reserved.
G. 
Site plan review. All applications for building permits shall be accompanied by an approved site plan except for the following: a single- or two-family dwelling on an individual lot, including its permitted accessory uses, general farming use and additions not exceeding 25% of the square footage of the existing structure. There shall be no limit on additions to single- or two-family dwellings.

§ 365-12 R-2 Residential District.

This district is intended to provide area within the Town for two-family residential development where each two-family structure is located on an individual lot of at least 20,000 square feet. Maximum density will be roughly four dwelling units per gross acre.
A. 
Permitted principal uses are as follows:
(1) 
As permitted in the R-1 District.
(2) 
Two-family dwellings.
B. 
Permitted accessory uses are as permitted in the R-1 District.
C. 
Uses permitted upon issuance of a special permit are as follows:
(1) 
As permitted in the R-1 District.
(2) 
Nursing homes.
(3) 
The raising or keeping of up to six hen chickens only (no other fowl), may be conducted as an accessory use upon the issuance of a special permit by the Town Board on the same premises associated with an owner-occupied single-family or two-family detached dwelling as the principal use, subject to the following procedures and conditions:
[Added 1-17-2017 by L.L. No. 1-2017]
(a) 
Applications for the special permit will be made to the Code Enforcement Officer (CEO). Once filed, the premises will be inspected by the CEO and a building plan for the coop and enclosure submitted for review.
(b) 
On the initial application, a public hearing will be necessary. Neighbors within 200 feet will be notified of the public hearing before the Town Board.
(c) 
After conducting the public hearing, the Town Board may or may not choose to direct that the CEO issue the special use permit which will be in effect for one year from the date of approval.
(d) 
If the special use permit is renewed consecutively by the same applicant/owner, no subsequent public hearing will be necessary unless complaints have been heard from residents during the previous year. Each annual renewal will be subject to an inspection by the CEO to insure continued compliance with the special use permit conditions. If no violations are found, the CEO can ask the Town Board to renew the special use permit.
(e) 
The special use permit shall be limited to the applicant and is not transferable.
(f) 
In the case of a two-family dwelling, only one special use permit may be issued for that property.
(g) 
The fee for such special use permit shall be set by the Town Board at their annual reorganizational meeting.
(4) 
Special conditions relative to the raising of chickens by special use permit in an R-2 district:
[Added 1-17-2017 by L.L. No. 1-2017]
(a) 
The maximum of six hen chickens only, raised for noncommercial purposes only, must be raised within a coop and fenced chicken run with a total area not to exceed 150 square feet. The coop must be constructed so as to not be unsightly to neighboring properties, and its design must be approved by the CEO.
(b) 
The coop and enclosure must be located in the rear yard and must be at least 15 feet from any adjacent property line. The coop must be located at least 75 feet to the rear of the rearmost part of the premises.
(c) 
Chickens may not roam free and must be kept entirely within the coop and/or fenced enclosure. The fenced enclosure must be constructed of suitable wire and materials so that the hens cannot escape or fly out of the enclosure.
(d) 
Absolutely no rooster chickens are allowed. If found at any time, the special use permit will be revoked by the Town Board and the holder will be subject to citation by the CEO.
(e) 
The raising of chickens shall be subject to all applicable sanitary, noise and property maintenance regulations and local laws.
(f) 
Chicken waste and bedding shall not be composted on site and shall be stored in appropriate containers that prohibit odors. Any odor associated with the raising of chickens shall not be perceptible beyond the property line.
(g) 
Feed for chickens must be kept inside the coop or other completely enclosed building in waterproof containers with lids, such as a plastic five gallon pail, so as to prevent rodent attraction.
D. 
Minimum lot sizes are as follows:
(1) 
Area: 20,000 square feet.
(2) 
Width (see cluster provisions in Article VI):
(a) 
Interior lots: 100 feet.
(b) 
Corner lots: 135 feet.
E. 
Minimum yards are as regulated in the R-1 District.
F. 
Building, structure and driveways requirements are as follows:
[Amended 9-5-2006 by L.L. No. 1-2006]
(1) 
Principal buildings.
(a) 
Maximum height.
[1] 
Dwellings: 30 feet.
[2] 
Two-family dwellings: 30 feet.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
Accessory buildings.
(a) 
Maximum height: 20 feet.
(b) 
Yards and setbacks: as regulated under § 365-20.
(3) 
Lot coverage. Maximum lot coverage by all buildings: 35%.
(4) 
Driveways. No driveways shall be constructed any closer than five feet to any side or rear property line.[2]
[2]
Editor's Note: Requirements for buffers and landscaping are reserved.
G. 
Site plan review. All applications for building permits shall be accompanied by an approved site plan except for the following: a single- or two-family dwelling on an individual lot, including its permitted accessory uses, general farming use and additions not exceeding 25% of the square footage of the existing structure. There shall be no limit on additions to single- or two-family dwellings.

§ 365-13 R-3 Residential District.

This district is intended to provide areas within the Town for medium-density multifamily development of attached dwelling units. Maximum density will be approximately 10 dwelling units per acre.
A. 
Permitted principal uses are as follows:
(1) 
As permitted in the R-2 District.
(2) 
Multifamily dwellings.
B. 
Permitted accessory uses are as follows:
(1) 
As permitted in the R-2 District.
C. 
Uses permitted upon issuance of a special permit are as follows:
(1) 
As permitted in the R-2 District, except that chickens are not allowed on parcels used for multifamily dwellings.
[Amended 1-17-2017 by L.L. No. 1-2017]
(2) 
Manufactured home parks.
D. 
Minimum lot sizes are as follows:
(1) 
Single- and two-family dwellings:
(a) 
Area: 20,000 square feet.
(b) 
Width (see cluster provisions in Article VI):
[1] 
Interior lots: 100 feet.
[2] 
Corner lots: 135 feet.
(2) 
Multiple dwellings:
(a) 
Area: 14,000 square feet for the first unit, plus 4,000 square feet for each additional unit.
(b) 
Width: 100 feet for the first two dwelling units, plus 20 feet for each additional unit. Widths in excess of 200 feet shall not be required, provided that all yard requirements are met.
E. 
Minimum yard requirements are as regulated in the R-1 District except that:
(1) 
Any multiple dwelling shall be a minimum of 30 feet from any side lot line.
(2) 
A multiple dwelling within a group development fronting on a private drive shall be set back a minimum of 30 feet from the edge of pavement.
F. 
Building, structure and driveway requirements are as follows:
[Amended 9-5-2006 by L.L. No. 1-2006]
(1) 
Principal buildings.
(a) 
Maximum height.
[1] 
Dwellings: 30 feet.
[2] 
Other: 40 feet.
(b) 
Minimum floor area per dwelling unit:
[1] 
Single-family dwelling: 800 square feet for the first story.
[2] 
Two-family dwelling: 600 square feet.
[3] 
Multiple-family dwellings: 600 square feet.
(c) 
Minimum distance between multiple-family dwellings: 30 feet.
(d) 
Building grouping and access. Multiple dwellings within a group development may be arranged in groups or clusters. Each group or cluster shall abut a street; however, each multiple dwelling within such group or cluster need not so abut, provided that:
[1] 
Each dwelling unit is accessible to services and emergency vehicles by means of a private street.
[2] 
The standards of design and construction for private streets shall meet applicable Town specifications for public streets unless modified by the approved site plan.
[3] 
The location, design and construction of all utilities meet all applicable specifications and are adequate to serve the needs of the group or cluster.
[4] 
Provisions are made for the preservation and maintenance of private streets, pedestrianways and common open space.
(2) 
Accessory buildings.
(a) 
Maximum height: 20 feet.
(b) 
Yards and setbacks: as regulated under § 365-20.
(3) 
Lot coverage. Maximum lot coverage by all buildings: 40% of the lot area.
(4) 
Driveways. No driveways shall be constructed any closer than five feet to any side or rear properly line.
G. 
Buffers and landscaping. A buffer of not less than 20 feet in width shall be reserved where a multiple-family group development abuts any R-1 or R-2 District. Such buffer zone shall be landscaped and maintained by the owner.
H. 
Site plan review. All applications for building permits shall be accompanied by an approved site plan except for the following: a single- or two-family dwelling on an individual lot, including their permitted accessory uses, general farming use and additions not exceeding 25% of the square footage of the existing structure. There shall be no limit on additions to single- or two-family dwellings.

§ 365-14 R-C Restricted Commercial District.

This district is intended to provide areas within the Town for limited commercial use which are nonretail in nature and compatible with residential development.
A. 
Permitted principal uses are as follows:
(1) 
As permitted and regulated in the R-3 District.
(2) 
Telephone exchanges.
(3) 
Real estate or insurance offices.
(4) 
Mortuaries.
(5) 
Art, dance, music or photographic studios.
(6) 
Indoor recreation uses, such as bowling alleys, health spas and tennis courts.
(7) 
Opticians or optometrists.
(8) 
Meeting rooms for private club, lodge or fraternal organizations.
(9) 
Medical offices or clinics, provided that they are not used primarily for penal or correction purposes.
(10) 
Nursing or convalescent homes.
(11) 
Day-care centers.
(12) 
Other administrative, professional or executive offices, but not including the selling, manufacturing or storing of merchandise.
B. 
Permitted accessory uses are as follows:
(1) 
As permitted and regulated in the R-3 District.
(2) 
Restaurant, newsstand or other incidental service in connection with a hospital, medical building, motel or nonprofit institution, but only when conducted (and entered) from within the building and having no exterior display.
(3) 
Other customary uses normally associated with the principal uses.
C. 
Uses permitted upon issuance of a special permit are as follows:
(1) 
Golf courses.
(2) 
Hospitals.
(3) 
Veterinarians.
(4) 
Manufactured home parks.
(5) 
Gas wells.
(6) 
The raising or keeping of up to six hen chickens only (no other fowl), may be conducted as an accessory use upon the issuance of a special permit by the Town Board on the same premises associated with an owner-occupied single-family or two-family detached dwelling as the principal use, subject to the following procedures and conditions:
[Added 1-17-2017 by L.L. No. 1-2017]
(a) 
Applications for the special permit will be made to the Code Enforcement Officer (CEO). Once filed, the premises will be inspected by the CEO and a building plan for the coop and enclosure submitted for review.
(b) 
On the initial application, a public hearing will be necessary. Neighbors within 200 feet will be notified of the public hearing before the Town Board.
(c) 
After conducting the public hearing, the Town Board may or may not choose to direct that the CEO issue the special use permit which will be in effect for one year from the date of approval.
(d) 
If the special use permit is renewed consecutively by the same applicant/owner, no subsequent public hearing will be necessary unless complaints have been heard from residents during the previous year. Each annual renewal will be subject to an inspection by the CEO to insure continued compliance with the special use permit conditions. If no violations are found, the CEO can ask the Town Board to renew the special use permit.
(e) 
The special use permit shall be limited to the applicant and is not transferable.
(f) 
In the case of a two-family dwelling, only one special use permit may be issued for that property.
(g) 
The fee for such special use permit shall be set by the Town Board at their annual reorganizational meeting.
(7) 
Special conditions relative to the raising of chickens by special use permit in an R-C district:
[Added 1-17-2017 by L.L. No. 1-2017]
(a) 
The maximum of six hen chickens only, raised for noncommercial purposes only, must be raised within a coop and fenced chicken run with a total area not to exceed 150 square feet. The coop must be constructed so as to not be unsightly to neighboring properties, and its design must be approved by the CEO.
(b) 
The coop and enclosure must be located in the rear yard and must be at least 15 feet from any adjacent property line. The coop must be located at least 75 feet to the rear of the rearmost part of the dwelling.
(c) 
Chickens may not roam free and must be kept entirely within the coop and/or fenced enclosure. The fenced enclosure must be constructed of suitable wire and materials so that the hens cannot escape or fly out of the enclosure.
(d) 
Absolutely no rooster chickens are allowed. If found at any time, the special use permit will be revoked by the Town Board and the holder will be subject to citation by the CEO.
(e) 
The raising of chickens shall be subject to all applicable sanitary, noise and property maintenance regulations and local laws.
(f) 
Chicken waste and bedding shall not be composted on site and shall be stored in appropriate containers that prohibit odors. Any odor associated with the raising of chickens shall not be perceptible beyond the property line.
(g) 
Feed for chickens must be kept inside the coop or other completely enclosed building in waterproof containers with lids, such as a plastic five gallon pail, so as to prevent rodent attraction.
D. 
Minimum lot sizes are as follows:
(1) 
Dwellings: as regulated in the R-3 District.
(2) 
Other: as required to provide a site adequate for the principal and accessory buildings, all required off-street parking, loading and stacking landscaping, yards and open spaces.
E. 
Minimum yard requirements are as follows:
(1) 
Dwellings: as regulated in the R-3 District.
(2) 
Other:
(a) 
Front yard: 35 feet, except as provided under § 365-21.
(b) 
Side yards: 10 feet each.
(c) 
Rear yard: 30 feet.
F. 
Building and structure requirements are as follows:
(1) 
Principal buildings.
(a) 
Maximum height.
[1] 
Dwellings: 30 feet.
[2] 
Other: 40 feet.
(b) 
Minimum floor area per dwelling unit: as regulated in the R-3 District.
(2) 
Accessory buildings.
(a) 
Maximum height: 20 feet.
(b) 
Yards and setbacks: as regulated under § 365-20.
(3) 
Lot coverage: as use, yard, parking and landscaping requirements permit.
G. 
Buffers and landscaping. A buffer of not less than 20 feet in width shall be reserved where an R-C District abuts any R-1, R-2 or R-3 District. Such a buffer zone shall be landscaped and maintained by the owner.
H. 
Site plan review. All applications for building permits shall be accompanied by an approved site plan except for the following: a single- or two-family dwelling on an individual lot, including their permitted accessory uses, general farming use and additions not exceeding 25% of the square footage of the existing structure. There shall be no limit on additions to single- or two-family dwellings.

§ 365-15 C-1 Commercial District.

This district is to provide areas within the Town for commercial use which serves community-wide needs for general goods and services, and which is of a nature to be conducted within enclosed buildings.
A. 
Permitted principal uses are as follows:
(1) 
As permitted and regulated in the R-C District, except for dwellings; provided, however, that existing dwellings may be altered and enlarged, except that the number of dwelling units may not be increased.
[Amended 6-5-2000 by L.L. No. 4-2000]
(2) 
The following uses when conducted within a completely enclosed building:
(a) 
Retail sales.
(b) 
Neighborhood shopping plazas.
(c) 
Personal service shops, e.g., barbershops, beauty salons, shoe repairs.
(d) 
Laundromat, dry-cleaning and laundry pickup stations.
(e) 
Restaurants.
(f) 
Hotels and motels.
(g) 
Banks and drive-in banks.
(h) 
Theaters and assembly halls.
(i) 
Custom shops, including woodworking and upholsterers.
(j) 
Electric, heating and plumbing shops.
(k) 
Veterinarians.
(l) 
Bakeries.
B. 
Permitted accessory uses are as follows:
(1) 
As permitted upon issuance of a special permit.
(2) 
Other customary uses normally associated with the principal uses.
C. 
Uses permitted upon issuance of a special permit are as follows:
(1) 
As permitted in the R-C District, except manufactured home parks and veterinarians.
(2) 
Golf driving ranges.
(3) 
Drive-in theaters.
(4) 
Ice- and roller-skating rinks.
(5) 
The raising or keeping of up to six hen chickens only (no other fowl), may be conducted as an accessory use upon the issuance of a special permit by the Town Board on the same premises associated with an owner-occupied single-family or two-family detached dwelling as the principal use, subject to the following procedures and conditions:
[Added 1-17-2017 by L.L. No. 1-2017]
(a) 
Applications for the special permit will be made to the Code Enforcement Officer (CEO). Once filed, the premises will be inspected by the CEO and a building plan for the coop and enclosure submitted for review.
(b) 
On the initial application, a public hearing will be necessary. Neighbors within 200 feet will be notified of the public hearing before the Town Board.
(c) 
After conducting the public hearing, the Town Board may or may not choose to direct that the CEO issue the special use permit which will be in effect for one year from the date of approval.
(d) 
If the special use permit is renewed consecutively by the same applicant/owner, no subsequent public hearing will be necessary unless complaints have been heard from residents during the previous year. Each annual renewal will be subject to an inspection by the CEO to insure continued compliance with the special use permit conditions. If no violations are found, the CEO can ask the Town Board to renew the special use permit.
(e) 
The special use permit shall be limited to the applicant and is not transferable.
(f) 
In the case of a two-family dwelling, only one special use permit may be issued for that property.
(g) 
The fee for such special use permit shall be set by the Town Board at their annual reorganizational meeting.
(6) 
Special conditions relative to the raising of chickens by special use permit in an C-1 district:
[Added 1-17-2017 by L.L. No. 1-2017]
(a) 
The maximum of six hen chickens only, raised for noncommercial purposes only, must be raised within a coop and fenced chicken run with a total area not to exceed 150 square feet. The coop must be constructed so as to not be unsightly to neighboring properties, and its design must be approved by the CEO.
(b) 
The coop and enclosure must be located in the rear yard and must be at least 15 feet from any adjacent property line. The coop must be located at least 75 feet to the rear of the rearmost part of the dwelling.
(c) 
Chickens may not roam free and must be kept entirely within the coop and/or fenced enclosure. The fenced enclosure must be constructed of suitable wire and materials so that the hens cannot escape or fly out of the enclosure.
(d) 
Absolutely no rooster chickens are allowed. If found at any time, the special use permit will be revoked by the Town Board and the holder will be subject to citation by the CEO.
(e) 
The raising of chickens shall be subject to all applicable sanitary, noise and property maintenance regulations and local laws.
(f) 
Chicken waste and bedding shall not be composted on site and shall be stored in appropriate containers that prohibit odors. Any odor associated with the raising of chickens shall not be perceptible beyond the property line.
(g) 
Feed for chickens must be kept inside the coop or other completely enclosed building in waterproof containers with lids, such as a plastic five gallon pail, so as to prevent rodent attraction.
D. 
Minimum lot sizes are as follows:[1]
(1) 
Other: as required to provide a site adequate for the principal and accessory buildings, all required off-street parking, loading and stacking, landscaping, yards and open spaces.
[1]
Editor's Note: Former Subsection D(1), Dwellings, was repealed 6-5-2000 by L.L. No. 4-2000.
E. 
Minimum yard requirements are as follows:[2]
(1) 
Other.
(a) 
Front yard: 35 feet, except as provided under § 365-21.
(b) 
Side yards: none, except that:
[1] 
Where a side yard is provided, it shall be not less than five feet.
[2] 
Where a side yard abuts a lot in an R District: 30 feet.
[3] 
Where a side yard is used for either vehicular ingress or egress: 12 feet.
[4] 
Where a side yard is used for both vehicular ingress and egress: 25 feet.
(c) 
Rear yard: 10 feet, except where abutting an R District, where 30 feet shall be required.
[2]
Editor's Note: Former Subsection E(1), Dwellings, was repealed 6-5-2000 by L.L. No. 4-2000.
F. 
Building and structure requirements are as follows:
(1) 
Principal buildings.
(a) 
Maximum height.
[1] 
Dwellings: 30 feet.
[2] 
Other: 40 feet.
(b) 
Minimum floor area per dwelling unit shall be as regulated in the R-3 District.
(2) 
Accessory buildings.
(a) 
Maximum height: 30 feet.
(b) 
Yards and setbacks shall be as regulated under § 365-20.
(3) 
Lot coverage: as use, yard, parking and landscaping requirements permit.
G. 
Buffers and landscaping. A buffer of not less than 20 feet in width shall be reserved where a C District abuts any R District. Such a buffer zone shall be landscaped and maintained by the owner.
H. 
Site plan review. All applications for building permits shall be accompanied by an approved site plan except for the following: a single- or two-family dwelling on an individual lot, including its permitted accessory uses, general farming use and additions not exceeding 25% of the square footage of the existing structure. There shall be no limit on additions to single- or two-family dwellings.

§ 365-16 C-2 Commercial District.

This district is to provide areas within the Town for commercial uses which will include various commercial uses conducted out-of-doors.
A. 
Permitted principal uses are as follows:
(1) 
As permitted and regulated in the C-1 Districts without the requirement for conduct of business in an enclosed building, including outdoor display of various items offered for sale or rent.
(2) 
New and used motor vehicle sales and service.
(3) 
Boat or marine sales and service.
(4) 
Manufactured homes, trailers and recreational vehicles sales and service.
(5) 
Gasoline service stations, public garages and collision shops.
(6) 
Auction barns and flea markets, exclusive of livestock.
(7) 
Farm equipment sales and service.
(8) 
Nurseries and greenhouses.
(9) 
Laundries and dry-cleaning plants.
(10) 
Machine or tool sales, rental or service.
(11) 
Self storage building with indoor storage only, by special use permit issued by the Town Board pursuant to Article XI, Special Permits, of this chapter.
[Added 7-1-1996]
B. 
Permitted accessory uses are as follows:
(1) 
As permitted and regulated in the C-1 District.
(2) 
Other customary accessory uses.
C. 
Uses permitted upon issuance of a special permit are as follows:
(1) 
As permitted in the C-1 District.
(2) 
Car washes.
(3) 
The raising or keeping of up to six hen chickens only (no other fowl), may be conducted as an accessory use upon the issuance of a special permit by the Town Board on the same premises associated with an owner-occupied single-family or two-family detached dwelling as the principal use, subject to the following procedures and conditions:
[Added 1-17-2017 by L.L. No. 1-2017]
(a) 
Applications for the special permit will be made to the Code Enforcement Officer (CEO). Once filed, the premises will be inspected by the CEO and a building plan for the coop and enclosure submitted for review.
(b) 
On the initial application, a public hearing will be necessary. Neighbors within 200 feet will be notified of the public hearing before the Town Board.
(c) 
After conducting the public hearing, the Town Board may or may not choose to direct that the CEO issue the special use permit which will be in effect for one year from the date of approval.
(d) 
If the special use permit is renewed consecutively by the same applicant/owner, no subsequent public hearing will be necessary unless complaints have been heard from residents during the previous year. Each annual renewal will be subject to an inspection by the CEO to insure continued compliance with the special use permit conditions. If no violations are found, the CEO can ask the Town Board to renew the special use permit.
(e) 
The special use permit shall be limited to the applicant and is not transferable.
(f) 
In the case of a two-family dwelling, only one special use permit may be issued for that property.
(g) 
The fee for such special use permit shall be set by the Town Board at the annual reorganizational meeting.
(4) 
Special conditions relative to the raising of chickens by special use permit in an C-2 district:
[Added 1-17-2017 by L.L. No. 1-2017]
(a) 
The maximum of six hen chickens only, raised for noncommercial purposes only, must be raised within a coop and fenced chicken run with a total area not to exceed 150 square feet. The coop must be constructed so as to not be unsightly to neighboring properties, and its design must be approved by the CEO.
(b) 
The coop and enclosure must be located in the rear yard and must be at least 15 feet from any adjacent property line. The coop must be located at least 75 feet to the rear of the rearmost part of the dwelling.
(c) 
Chickens may not roam free and must be kept entirely within the coop and/or fenced enclosure. The fenced enclosure must be constructed of suitable wire and materials so that the hens cannot escape or fly out of the enclosure.
(d) 
Absolutely no rooster chickens are allowed. If found at any time, the special use permit will be revoked by the Town Board and the holder will be subject to citation by the CEO.
(e) 
The raising of chickens shall be subject to all applicable sanitary, noise and property maintenance regulations and local laws.
(f) 
Chicken waste and bedding shall not be composted on site and shall be stored in appropriate containers that prohibit odors. Any odor associated with the raising of chickens shall not be perceptible beyond the property line.
(g) 
Feed for chickens must be kept inside the coop or other completely enclosed building in waterproof containers with lids, such as a plastic five gallon pail, so as to prevent rodent attraction.
D. 
Minimum lot sizes are as follows:[1]
(1) 
Other: as required to provide a site adequate for the principal and accessory buildings, all required off-street parking, loading and stacking, landscaping, yards and open spaces.
[1]
Editor's Note: Former Subsection D(1), Dwellings, was repealed 6-5-2000 by L.L. No. 4-2000.
E. 
Minimum yard requirements are as follows:[2]
(1) 
Other.
(a) 
Front yard: 35 feet, except as provided under § 365-21.
(b) 
Side yards: none, except that:
[1] 
Where a side yard is provided, it shall be not less than five feet.
[2] 
Where a side yard abuts a lot in an R District, the minimum shall be 30 feet.
[3] 
Where a side yard is used for either vehicular ingress or egress, the minimum shall be 12 feet.
[4] 
Where a side yard is used for both vehicular ingress and egress, the minimum shall be 25 feet.
(c) 
Rear yard: 10 feet, except where abutting an R District, where 30 feet shall be required.
[2]
Editor's Note: Former Subsection E(1), Dwellings, was repealed 6-5-2000 by L.L. No. 4-2000.
F. 
Building and structure requirements are as follows:
(1) 
Principal buildings.
(a) 
Maximum height.
[1] 
Dwellings: 30 feet.
[2] 
Other: 40 feet.
(b) 
Minimum floor area per dwelling unit shall be as regulated in the R-3 District.
(2) 
Accessory buildings.
(a) 
Maximum height: 30 feet.
(b) 
Yards and setbacks shall be as regulated under § 365-20.
(3) 
Lot coverage: as use, yard, parking and landscaping requirements permit.
G. 
Buffers and landscaping. A buffer of not less than 20 feet in width shall be reserved where a C District abuts any R District. Such a buffer zone shall be landscaped and maintained by the owner.
H. 
Site plan review. All applications for building permits shall be accompanied by an approved site plan except for the following: a single- or two-family dwelling on an individual lot, including its permitted accessory uses, general farming use and additions not exceeding 25% of the square footage of the existing structure. There shall be no limit on additions to single- or two-family dwellings.

§ 365-17 C-3 Commercial District.

This district is to provide areas within the Town for heavier, larger-scale commercial use, meeting community-wide needs for more specialized goods and services.
A. 
Permitted principal uses are as follows:
(1) 
As permitted and regulated in the C-2 District.
(2) 
The following uses, provided that they are conducted within a completely enclosed building or within an area enclosed by a solid fence or wall:
(a) 
Warehousing and wholesale distributions.
(b) 
Bus terminals.
(c) 
Moving and storage.
(d) 
Contractors' yards.
(e) 
Machine shops.
(f) 
Printing, publishing and engraving.
(g) 
Food and beverage distributors.
(h) 
Light fabrication.
(i) 
Building materials supply, including lumber yards and incidental millwork.
B. 
Permitted accessory uses are as follows:
(1) 
As permitted and regulated in the C-2 District.
(2) 
Other customary accessory uses.
C. 
Uses permitted upon issuance of a special permit are as permitted in the C-2 District.
D. 
Minimum lot sizes are as follows:[1]
(1) 
Other: as required to provide a site adequate for the principal and accessory buildings, all required off-street parking, loading and stacking, landscaping, yards and open spaces.
[1]
Editor's Note: Former Subsection D(1), Dwellings, was repealed 6-5-2000 by L.L. No. 4-2000.
E. 
Minimum yard requirements are as follows:[2]
(1) 
Other.
(a) 
Front yard: 35 feet, except as provided under § 365-21.
(b) 
Side yards: none, except that:
[1] 
Where a side yard is provided, it shall be not less than five feet.
[2] 
Where a side yard abuts a lot in an R District, it shall not be less than 30 feet.
[3] 
Where a side yard is used for either vehicular ingress or egress, it shall not be less than 12 feet.
[4] 
Where a side yard is used for both vehicular ingress and egress, it shall not be less than 25 feet.
(c) 
Rear yard: 10 feet, except where abutting an R District, where 30 feet shall be required.
[2]
Editor's Note: Former Subsection E(1), Dwellings, was repealed 6-5-2000 by L.L. No. 4-2000.
F. 
Building and structure requirements are as follows:
(1) 
Principal buildings.
(a) 
Maximum height.
[1] 
Dwellings: 30 feet.
[2] 
Other: 40 feet.
(b) 
Minimum floor area per dwelling unit shall be as regulated in the R-3 District.
(2) 
Accessory buildings.
(a) 
Maximum height: 30 feet.
(b) 
Yards and setbacks: as regulated under § 365-20.
(3) 
Lot coverage: as use, yard, parking and landscaping requirements permit.
G. 
Buffers and landscaping. A buffer of not less than 20 feet in width shall be reserved where a C District abuts any R District. Such a buffer zone shall be landscaped and maintained by the owner.
H. 
Site plan review. All applications for building permits shall be accompanied by an approved site plan except for the following: a single- or two-family dwelling on an individual lot, including its permitted accessory uses, general farming use and additions not exceeding 25% of the square footage of the existing structure. There shall be no limit on additions to single- or two-family dwellings.

§ 365-18 M-1 Manufacturing District.

This district is intended to provide areas within the Town for a planned industrial district, designed to ensure compatibility between industrial operations and the existing character and quality of the community. More specifically, the planning of such elements as streets, parking, architectural features and landscaping shall take into consideration aesthetic appeal and the promotion of an openness and parklike character. Activities shall conform to M-1 industrial performance standards.
A. 
Permitted principal uses are as follows:
(1) 
As permitted and regulated in the C-3 District.
[Amended 6-5-2000 by L.L. No. 4-2000]
(2) 
Truck terminals.
(3) 
Airports.
(4) 
Other business, servicing, manufacturing or processing of materials, goods or products, not otherwise prohibited by law, when conducted in a completely enclosed building and when in conformance with M-1 performance standards as set forth in Article XIII. Limited storage in connection with the principal use may be permitted outdoors when effectively screened as outlined in Subsection G(5) below. This shall not include junkyards or automobile wrecking yards.
B. 
Permitted accessory uses are as follows:
(1) 
As permitted and regulated in the C-3 District.
(2) 
Quarters for caretaker or watchman.
(3) 
Other customary uses normally associated with the principal uses.
C. 
Uses permitted upon issuance of a special permit are as follows:[1]
(1) 
Adult uses.
[1]
Editor's Note: Former Subsection C(1), Dwellings, was repealed 6-5-2000 by L.L. No. 4-2000.
D. 
Minimum lot sizes are as required to provide a site adequate for the principal and accessory buildings, all required off-street parking, loading and stacking, landscaping, yards and open spaces.
E. 
Minimum yard requirements are as follows:
(1) 
Front yard: 50 feet, except as provided under § 365-21.
(2) 
Side yards and rear yard: 10 feet each, except where abutting an R District, where 75 feet shall be required for each.
F. 
Building and structure requirements are as follows:
(1) 
Principal buildings.
(a) 
Maximum height: 40 feet.
(2) 
Accessory buildings.
(a) 
Maximum height: 30 feet.
(b) 
Yards and setbacks: as regulated under § 365-20.
(3) 
Lot coverage: as use, yard, parking and landscaping requirements permit.
G. 
Buffer and landscaping requirements are as follows:
(1) 
A buffer of not less than 20 feet in width shall be reserved where an M District abuts an R District. Such a buffer zone shall be landscaped and maintained by the owner.
(2) 
All required front and side yards shall be landscaped with a combination of trees, ground cover and shrubbery to provide effective screening of the premises from adjoining premises and/or to present an attractive appearance from the street.
(3) 
All wiring, feed lines and energy sources shall be placed underground. The Town Board may waive this requirement at the request of the applicant in cases where the Board shall determine that installation or installation services will result in difficulty or hardship. In making such decision, the Board will consider unusual topography and/or other conditions which prevent this requirement from being practical.
(4) 
The location, size and construction of signs, as regulated in Chapter 279, Signs, of this Code, shall be in keeping with the character of the area.
(5) 
All open storage of equipment and materials, including machinery, unlicensed vehicles, building materials, scrap, etc., shall be effectively screened by a wall, fence, planting or combinations of each, so that such storage will not be visible from a public way. (§ 365-30.)
(6) 
All landscaping shall be maintained, and all required landscaping as shown on the approved landscape plan shall be preserved.
H. 
Site plan review. All applications for building permits shall be accompanied by an approved site plan except for the following: a single- or two-family dwelling on an individual lot, including its permitted accessory uses, general farming use and additions not exceeding 25% of the square footage of the existing structure. There shall be no limit on additions to single- or two-family dwellings.

§ 365-19 M-2 Manufacturing District.

This district is intended to provide areas within the Town for more extensive industrial use, within the confines of M-2 industrial performance standards.
A. 
Permitted principal uses are as follows:
(1) 
As permitted in the M-1 District when in conformance with M-2 performance standards as set forth in Article XIII.
(2) 
Junkyards.
B. 
Permitted accessory uses are as follows:
(1) 
As permitted and regulated in the M-1 District.
(2) 
Other customary uses normally associated with the principal uses.
C. 
Uses permitted upon issuance of a special permit are as follows:
(1) 
As permitted in the M-1 District.
(2) 
Sanitary or hazardous waste landfills as regulated under Chapter 228, Landfill Management.
D. 
Minimum lot sizes are as required to provide a site adequate for the principal and accessory buildings, all required off-street parking, loading and stacking, landscaping, yards and open spaces.
E. 
Minimum yard requirements are as follows:
(1) 
Front yard: 50 feet, except as provided under § 365-21.
(2) 
Side and rear yards: 10 feet each, except where abutting an R District, where 100 feet shall be required.
F. 
Building and structure requirements are as follows:
(1) 
Principal buildings.
(a) 
Maximum height: 40 feet.
(2) 
Accessory buildings.
(a) 
Maximum height: 30 feet.
(b) 
Yards and setbacks: as regulated under § 365-20.
(3) 
Lot coverage: as use, yard, parking and landscaping requirement permit.
G. 
Buffers and landscaping requirements are as follows:
(1) 
A buffer of not less than 20 feet in width shall be reserved where an M District abuts an R District. Such a buffer zone shall be landscaped and maintained by the owner.
(2) 
All open storage of equipment and materials, including machinery, unlicensed vehicles, building materials, scrap, etc., shall be effectively screened by a wall, fence, planting or combinations of each, so that such storage will not be visible from a public way. (See § 365-30.)
H. 
Site plan review. All applications for building permits shall be accompanied by an approved site plan except for the following: a single- or two-family dwelling on an individual lot, including its permitted accessory uses, general farming use and additions not exceeding 25% of the square footage of the existing structure. There shall be no limit on additions to single- or two-family dwellings.