Amherst City Zoning Code
PART 4
NONRESIDENTIAL DISTRICTS
§ 4-1 General
4-1-1.
Key to Use Tables.
A.
Permitted. A 
in the Permitted column of a district use table indicates that a use is allowed by right in the respective district, subject to the use regulations in Part 6. Such uses are subject to all other applicable regulations of this Ordinance.
in the Permitted column of a district use table indicates that a use is allowed by right in the respective district, subject to the use regulations in Part 6. Such uses are subject to all other applicable regulations of this Ordinance.B.
Special Use. A in the Special Use column of a district use table indicates that a use is allowed only if reviewed and approved as a special use permit in accordance with § 8-6. Special uses are subject to all other applicable regulations of this Ordinance including the additional standards contained in Part 6, except where expressly modified by the Zoning Board of Appeals as part of the special exception approval process.
in the Special Use column of a district use table indicates that a use is allowed only if reviewed and approved as a special use permit in accordance with § 8-6. Special uses are subject to all other applicable regulations of this Ordinance including the additional standards contained in Part 6, except where expressly modified by the Zoning Board of Appeals as part of the special exception approval process.C.
Uses Not Allowed. Any unlisted use indicates that the use is not allowed in the particular district.
D.
Uses Not Listed. The Zoning Enforcement Officer shall determine whether or not an unlisted use is similar to an existing use or is substantially similar to an already defined specific use, using the criteria in § 8-12-4, Determination of Similar Uses.
[Amended 3-4-2019 by L.L. No. 6-2019]
E.
Standards. The "Standards" column on the use table is a cross-reference to any limited or special use regulation listed in Part 6.
F.
Developments with Multiple Principal Uses. A development comprised of uses regulated by separate rows on the Use Table shall be reviewed using the most restrictive regulations from among the proposed uses.
§ 4-2 Office Building District (OB)
4-2-1.
Purpose. To provide areas within the Town devoted exclusively to offices by regulating the land area, bulk and spacing of uses, particularly at common boundaries and promoting the most desirable land use and traffic patterns in accordance with the objectives of the comprehensive plan.
4-2-2.
Permitted and Special Uses.
A.
Permitted Uses and Structures.
OB | Permitted | Special Use | Standards |
|---|---|---|---|
OPEN USES | |||
No open uses allowed | |||
RESIDENTIAL USES | |||
Upper-story dwelling unit | | § 6-2-6 | |
PUBLIC AND CIVIC USES | |||
Day-care center | | § 6-3-2 | |
Minor utilities | | ||
Place of worship | | § 6-3-3 | |
Public utility service structure or facility | | § 6-3-4 | |
Public works construction yard [Added 12-7-2009 by L.L. No. 19-2009] | | § 6-3-5 | |
Telecommunication facility | | § 6-7 | |
COMMERCIAL | |||
Bank[1] | | § 4-8-4 | |
Office | | ||
Radio or television station [Added 4-12-2010 by L.L. No. 2-2010] | | ||
Recording studio [Added 4-12-2010 by L.L. No. 2-2010] | | ||
Ground-mounted solar energy systems, Tier III [Added 12-11-2017 by L.L. No. 24-2017] | | § 6-10 | |
Training schools, such as technical, trade, vocational or business | | ||
INDUSTRIAL | |||
No industrial uses allowed |
[1]
Editor's Note: The entry for "contracting or construction services," which immediately followed this entry, was repealed 10-17-2022 by L.L. No. 19-2022.
B.
Dimensional Standards.
For parcels 30 acres in size or more as of (effective date), the Planned Unit Development Process is required. See § 6-9. [Added 5-20-2013 by L.L. No. 8-2013; amended 11-3-2014 by L.L. No. 39-2014] |
OB Principal & Accessory Use/Structure Dimensional Standards | Vehicle Use Area | ||
|---|---|---|---|
Min. lot area | None | ||
Min. lot width | None | ||
Min. front yard | |||
Height of structure for first 35 ft. | 20 ft | 15 ft* | |
Height of structure for any portion of building above 35 ft. | 30 ft | 15 ft* | |
Min. rear yard (abutting residential**/nonresidential) | |||
Height of structure up to 30 ft | See § 2-5-4B(3)/15 ft | 25 ft*/10 ft* | |
Height of structure 30 ft or more | See § 2-5-4B(3)/25 ft | 25 ft*/10 ft* | |
Min. side yard (abutting residential**/nonresidential) | |||
Height of structure up to 30 ft | See § 2-5-4B(3)/15 ft | 25 ft*/10 ft* | |
Height of structure 30 ft or more | See § 2-5-4B(3)/25 ft | 25 ft*/10 ft* | |
Max. height | 65 ft | ||
Max. building coverage | None | ||
Min. interior building separation | 30 ft | ||
* | The entire area must be landscaped. |
** | R-R, S-A, R-1, R-2, R-3, CR-3A, TR-3, R-4, MFR-4A, MFR-5, MFR-6, MFR-7, PRD, PDD, PRD, NCD[2] |
[2]
Editor's Note: The diagram which immediately followed this table was repealed 2-8-2016 by L.L. No. 2-2016.
4-2-3.
Accessory Uses and Structures. (Office Building District)
[Amended 10-17-2022 by L.L. No. 19-2022]
A.
Permitted Accessory Uses and Structures. The following accessory uses and structures incidental to any permitted principal use are allowed subject to the requirements of § 6-8, Accessory Uses or Part 7, General Development Standards.
OB Permitted Accessory Uses and Structures | Standards | |
|---|---|---|
Commercial recreation | § 6-8-3 | |
Employee lunchroom | ||
Landscaping | § 7-2 | |
Maintenance facility and air-conditioning, heating and ventilating equipment | ||
Off-street parking, loading, and stacking | § 7-1 | |
Restaurant without drive-through or outdoor dining | § 6-8-10 [Amended 10-17-2022 by L.L. No. 19-2022] | |
Retail stores and services (may be manufactured or assembled on-premise) | § 6-8-11 | |
Solar energy systems [Added 12-11-2017 by L.L. No. 24-2017] | § 6-10 | |
Signs | § 7-8 | |
Small wind energy system [Added 8-17-2009 by L.L. No. 12-2009] | § 6-8-14 | |
Storage garage | ||
Uses engaged primarily in research and development activities, including: | § 6-5-1 | |
Research, experimental and developmental laboratories and facilities; | ||
Communication, navigation control, transmission and reception equipment; | ||
Controls equipment and guidance systems; | ||
Data processing equipment and systems; | ||
Audio components, radio and television equipment; | ||
Scientific and medical instruments; | ||
Microfilming and record preparation; | ||
Assembly, testing and calibration of components, devices, systems and equipment, such as but not limited to electronic, scientific, medical, optical, biochemical, chemical, metallurgical and pharmaceutical. | ||
Other uses and structures customarily incidental to the principal use | ||
B.
Dimensional Standards. The dimensional standards for an accessory use or structure shall be the same as those for the principal use in § 4-2-2B.
4-2-4.
General Development Standards.
A.
Interior side or rear yards separating parking, loading and stacking area from lot lines are not required for unified developments.
B.
Development in the OB district shall also comply with the requirements referenced in the table below.
OB General Development Standards | |
|---|---|
Off-Street Parking, Loading and Stacking | § 7-1 |
Landscaping, Buffers and Screening | § 7-2 |
Site Lighting | § 7-3 |
Outdoor Storage and Display | § 7-4 |
Fences and Walls | § 7-5 |
Access and Circulation | § 7-6 |
Provisions for Flood Hazard Reduction | § 7-7 |
Sign Regulations | § 7-8 |
Performance Standards | § 7-9 |
Bulk Storage of Combustible or Flammable Liquids | § 7-10 |
§ 4-3 Neighborhood Business District (NB)
4-3-1.
Purpose. To provide neighborhood centers within existing and proposed commercial nodes and mixed use activity centers for the location of commercial uses serving the convenient shopping, professional office and personal service needs of a neighborhood area and to ensure the compatibility of such areas with surrounding residential development. These areas are primarily pedestrian-oriented with accommodations for automobiles.
4-3-2.
Principal and Special Uses.
A.
Permitted Uses and Structures.
NB | Permitted | Special Use | Standards |
|---|---|---|---|
OPEN USES | |||
No open uses allowed | |||
RESIDENTIAL USES | |||
Upper-story dwelling unit | | § 6-2-6 | |
See § 4-3-3 | |||
PUBLIC AND CIVIC USES | |||
Daycare center, nursery or other private school | | ||
Minor utilities | | ||
Place of worship | | § 6-3-3 | |
Public utility service structure or facility | | § 6-3-4 | |
Public works construction yard [Added 12-7-2009 by L.L. No. 19-2009] | | § 6-3-5 | |
Telecommunication facility | | § 6-7 | |
COMMERCIAL | |||
Advertising agency | | ||
Antiques and second-hand merchandise store | | ||
Apparel and accessories store | | ||
Apparel repair and alterations and shoe repair shop | | ||
Bank | | § 4-8-4 | |
Bakery or confectionary shop (retail) | | ||
Beauty or barber shop | | ||
Book and stationery store | | § 6-4-7 [Amended 12-19-2011 by L.L. No. 34-2011] | |
Cat boarding facility[1] [Added 2-4-2008 by L.L. No. 1-2008] | | § 6-4-1 | |
Dog day care facility [Added 10-17-2011 by L.L. No. 25-2011] | | § 6-4-13 [Amended 11-5-2012 by L.L. No. 17-2012] | |
Drug store | | § 4-8-4 | |
Food store | | ||
Gymnasium or health club, up to 25,000 square feet [Added 2-4-2008 by L.L. No. 1-2008] | | ||
Hardware store | | ||
Home furnishing store | | ||
Home garden store | | ||
Jewelry store | | ||
Job printing or photography store | | ||
Ice store | | ||
Laundromat, cleaning and dyeing outlets and pickup | | § 6-4-6 [Amended 12-19-2011 by L.L. No. 34-2011] | |
Liquor store | | ||
Office | | ||
Personal training facility [Added 2-4-2008 by L.L. No. 1-2008] | | ||
Photography studio [Added 2-4-2008 by L.L. No. 1-2008] | | ||
Printing and photocopying store | | ||
Restaurant without drive-through or outdoor dining | | ||
Sporting goods or bicycle store | | ||
INDUSTRIAL | |||
No industrial uses allowed |
[1]
Editor's Note: The entry for "contracting or construction services," which immediately followed this entry, was repealed 10-17-2022 by L.L. No. 19-2022.
B.
Dimensional Standards.
[Amended 1-16-2007 by L.L. No. 2-2007; 8-1-2011 by L.L. No. 19-2011; 11-3-2014 by L.L. No. 39-2014]
NB Principal & Accessory Use/Structure Dimensional Standards | Vehicle Use Area | ||
|---|---|---|---|
Max. lot area | 1 ac. | ||
Min. lot width | 50 ft | ||
Min. front yard | |||
Height of structure for first 2 stories | 20 ft | 20 ft | |
Height of structure for any portion of building above 2 stories | 30 ft | 20 ft | |
Min. rear yard (abutting residential**/nonresidential) | 30 ft./15 ft | 25 ft*/15 ft* | |
Min. side yard (abutting residential**/nonresidential) | 15 ft/None or 10 ft min if not on lot line | 25 ft*/15 ft* | |
Max. height | 30 ft | ||
Max. building coverage | 55% | ||
Min. interior building separation | None required | ||
* | The entire area must be landscaped. |
** | R-R, S-A, R-1, R-2, R-3, CR-3A, TR-3, R-4, MFR-4A, MFR-5, MFR-6, MFR-7, PRD, PDD, PRD, NCD[2] |
[2]
Editor's Note: The diagram which immediately followed this table was repealed 2-8-2016 by L.L. No. 2-2016.
4-3-3.
Accessory Uses and Structures.
A.
Permitted Accessory Uses and Structures. The following accessory uses and structures incidental to any permitted principal use are allowed subject to the requirements of § 6-8, Accessory Uses or Part 7, General Development Standards.
NB Permitted Accessory Uses and Structures | Standards |
|---|---|
Landscaping | § 7-2 |
Off-street parking, loading, and stacking | § 7-1 |
Signs | § 7-8 |
Solar energy systems [Added 12-11-2017 by L.L. No. 24-2017] | § 6-10 |
Small wind energy system [Added 8-17-2009 by L.L. No. 12-2009] | § 6-8-14 |
Other uses and structures customarily incidental to the principal use |
B.
Dimensional Standards. The dimensional standards for an accessory use or structure shall be the same as those for the principal use in § 4-3-2B.
4-3-4.
General Development Standards.
A.
Interior side or rear yards separating parking, loading and stacking area from lot lines are not required for unified developments.
B.
All principal and accessory uses, except signs, outdoor storage and display and off-street parking, loading and stacking, shall be conducted within completely enclosed structures except as expressly set forth in § 7-4.
C.
Development in the NB district shall also comply with the requirements referenced in the table below.
NB General Development Standards | |
|---|---|
Off-Street Parking, Loading and Stacking | § 7-1 |
Landscaping, Buffers and Screening | § 7-2 |
Site Lighting | § 7-3 |
Outdoor Storage and Display | § 7-4 |
Fences and Walls | § 7-5 |
Access and Circulation | § 7-6 |
Provisions for Flood Hazard Reduction | § 7-7 |
Sign Regulations | § 7-8 |
Performance Standards | § 7-9 |
Bulk Storage of Combustible or Flammable Liquids | § 7-10 |
§ 4-4 General Business District (GB)
4-4-1.
Purpose. To provide community centers within existing and proposed commercial nodes and mixed use activity centers for the location of commercial uses which serve a larger market area than a neighborhood center, as articulated in the comprehensive plan, and provide for community-wide needs for general goods and services and comparison shopping. Such uses require larger land areas, generate large volumes of traffic and may generate large amounts of evening activity.
4-4-2.
Principal and Special Uses.
A.
Permitted Uses and Structures.
GB | Permitted | Special Use | Standards |
|---|---|---|---|
OPEN USES | |||
No open uses allowed | |||
RESIDENTIAL USES | |||
Upper-story dwelling unit | | § 6-2-6 | |
PUBLIC AND CIVIC USES | |||
Ambulance service | | ||
Daycare center, nursery or other private school | | ||
Minor utilities | | ||
Place of worship | | § 6-3-3 | |
Public utility service structure or facility | | § 6-3-4 | |
Public works construction yard [Added 12-7-2009 by L.L. No. 19-2009] | | § 6-3-5 | |
Telecommunication facility | | § 6-7 | |
COMMERCIAL | |||
Advertising agency | | ||
Animal grooming, cat boarding facility, hospital or veterinarian. [Amended 2-4-2008 by L.L. No. 1-2008] | | § 6-4-1 | |
Antiques and second-hand merchandise store | | ||
Apparel and accessories store | | ||
Apparel repair and alterations and shoe repair shop | | ||
Archival center | | ||
Bakery or confectionary shop (retail) | | ||
Bank | | § 4-8-4 | |
Beauty or barber shop | | ||
Book and stationery store | | § 6-4-7 [Amended 12-19-2011 by L.L. No. 34-2011] | |
Commercial recreation activities, indoor | | ||
Commercial recreation activities, outdoor[1] | | ||
Department store | | ||
Dog day care facility [Added 10-17-2011 by L.L. No. 25-2011] | | § 6-4-13 [Amended 11-5-2012 by L.L. No. 17-2012] | |
Drug store | | § 4-8-4 | |
Employment agency | | ||
Farm and garden supply store | | ||
Farm equipment sales or service | | ||
Food store | | ||
Funeral home | | ||
Gymnasium or health club [Added 2-4-2008 by L.L. No. 1-2008] | | ||
Hardware store | | ||
Home furnishing store | | ||
Home garden store | | ||
House and camping trailer sales, camping equipment and accessories and related repair and service | | ||
Household fixture and appliance sales or service | | ||
Jewelry store | | ||
Job printing or photography store | | ||
Ice store | | ||
Laundromat, cleaning and dyeing outlets and pickup | | ||
Liquor store | | ||
Motel or hotel | | ||
Motion picture theater or live theater [Added 9-21-2009 by L.L. No. 14-2009] | | ||
Nurseries for sale of plants, shrubs, and trees | | ||
Office | | ||
Passenger terminal | | ||
Personal training facility [Added 2-4-2008 by L.L. No. 1-2008] | | ||
Photographic store | | ||
Photography studio [Added 2-4-2008 by L.L. No. 1-2008] | | ||
Printing and photocopying store | | ||
Plumbing store | | ||
Postal store or post office | | ||
Radio or television station [Added 4-12-2010 by L.L. No. 2-2010] | | ||
Recording studio [Added 4-12-2010 by L.L. No. 2-2010] | | ||
Restaurant with drive-through | | § 4-8-4 | |
Restaurant with outdoor dining | | § 6-4-9 [Amended 12-19-2011 by L.L. No. 34-2011] | |
Restaurant without drive-through or outdoor dining | | ||
Retail services | | ||
Sexually oriented cabaret or theater, or sexually oriented motion picture theater [Added 7-7-2008 by L.L. No. 9-2008] | | § 6-6 | |
Sexually oriented media store, sex shop [Added 7-7-2008 by L.L. No. 9-2008] | | § 6-6 | |
Shops for custom work for the making of articles to be sold only at retail on the premises | | ||
Sporting goods and bicycle store | | ||
Tattoo parlor / body art studio [Added 1-16-2007 by L.L. No. 2-2007] | | ||
Variety store | | ||
Vehicle parts sales | | § 6-4-11 [Amended 12-19-2011 by L.L. No. 34-2011] | |
Vehicle sales (new), rental, leasing and related repair; used vehicle sales and vehicle rental in conjunction with new vehicle sales only | | § 6-4-12 [Amended 12-19-2011 by L.L. No. 34-2011] | |
Wholesale store | | ||
INDUSTRIAL | |||
No industrial uses allowed |
[1]
Editor's Note: The entry for "contracting or construction services," which immediately followed this entry, was repealed 10-17-2022 by L.L. No. 19-2022.
B.
Dimensional Standards.
For parcels 30 acres in size or more as of (effective date), the Planned Unit Development Process is required. See § 6-9. [Added 5-20-2013 by L.L. No. 8-2013; amended 9-21-2009 by L.L. No. 14-2009; 11-3-2014 by L.L. No. 39-2014] |
GB Principal & Accessory Use/Structure Dimensional Standards | Vehicle Use Area | ||
|---|---|---|---|
Min. lot area | None | ||
Min. lot width | None | ||
Min. front yard | |||
Height of structure for first 35 ft. | 20 ft | 10 ft* | |
Height of structure for any portion of building above 35 ft. | 30 ft | 10 ft* | |
Min. rear yard (abutting residential *** /nonresidential) | |||
Height of structure up to 30 ft | See § 2-5-4B(3)/ 15 ft | 15 ft* / 5 ft* | |
Height of structure 30 ft or more | See § 2-5-4B(3)/ 25 ft | 15 ft* / 5 ft* | |
Min. side yard (abutting residential***/nonresidential)** | |||
Height of structure up to 30 ft | See § 2-5-4B(3)/ None or 10 ft if not on lot line | 15 ft* / 5 ft* | |
Height of structure 30 ft or more | See § 2-5-4B(3) / 25 ft | 15 ft* / 5 ft* | |
Max. height | 65 ft | ||
Max. building coverage | None | ||
Min. interior building separation | None required | ||
* | The entire area must be landscaped. |
** | Accessory structures shall be setback a minimum of 10 feet |
*** | R-R, S-A, R-1, R-2, R-3, CR-3A, TR-3, R-4, MFR-4A, MFR-5, MFR-6, MFR-7, PRD, PDD, NCD[2] [Amended 11-30-2020 by L.L. No. 17-2020] |
[2]
Editor's Note: The diagram which immediately followed this table was repealed 2-8-2016 by L.L. No. 2-2016.
4-4-3.
Accessory Uses and Structures.
A.
Permitted Accessory Uses and Structures. The following accessory uses and structures incidental to any permitted principal use are allowed subject to the requirements of § 6-8, Accessory Uses or Part 7, General Development Standards.
GB Permitted Accessory Uses and Structures | Standards |
|---|---|
Landscaping | § 7-2 |
Off-street parking, loading, and stacking | § 7-1 |
Signs | § 7-8 |
Solar energy systems [Added 12-11-2017 by L.L. No. 24-2017] | § 6-10 |
Small wind energy system [Added 8-17-2009 by L.L. No. 12-2009] | § 6-8-14 |
Other uses and structures customarily incidental to the principal use |
B.
Dimensional Standards. The dimensional standards for an accessory use or structure shall be the same as those for the principal use in § 4-4-2B.
4-4-4.
General Development Standards.
A.
Interior side or rear yards separating parking, loading and stacking area from lot lines are not required for unified developments.
B.
Development in the GB district shall also comply with the requirements referenced in the table below.
GB General Development Standards | |
|---|---|
Off-Street Parking, Loading and Stacking | § 7-1 |
Landscaping, Buffers and Screening | § 7-2 |
Site Lighting | § 7-3 |
Outdoor Storage and Display | § 7-4 |
Fences and Walls | § 7-5 |
Access and Circulation | § 7-6 |
Provisions for Flood Hazard Reduction | § 7-7 |
Sign Regulations | § 7-8 |
Performance Standards | § 7-9 |
Bulk Storage of Combustible or Flammable Liquids | § 7-10 |
§ 4-5 Commercial Service District (CS)
4-5-1.
Purpose. To provide areas within the Town for the location of large scale commercial uses meeting community-wide needs for specialized goods and services.
4-5-2.
Principal and Special Uses.
A.
Permitted Uses and Structures.
CS | Permitted | Special Use | Standards |
|---|---|---|---|
OPEN USES | |||
No open uses allowed | |||
RESIDENTIAL USES | |||
Upper-story dwelling unit | | § 6-2-6 | |
PUBLIC AND CIVIC USES | |||
Minor utilities | | ||
Place of worship | | § 6-3-3 | |
Public utility service structure or facility | | § 6-3-4 | |
Public works construction yard [Added 12-7-2009 by L.L. No. 19-2009] | | § 6-3-5 | |
Telecommunication facility | | § 6-7 | |
COMMERCIAL | |||
Building materials sales and service | | ||
Business services, including sign company, window cleaning and other dwelling and building services | | ||
Bus garages [Added 2-24-2014 by L.L. No. 4-2014] | | ||
Contracting or construction services | | ||
Electrical and household appliance repair service | | ||
Laundering, dry-cleaning & dyeing services | | ||
Vehicle sales, rental, leasing and related repair, including trailers | | § 6-4-12 [Amended 12-19-2011 by L.L. No. 34-2011] | |
INDUSTRIAL | |||
Ground-mounted solar energy system, Tier III [Added 12-11-2017 by L.L. No. 24-2017] | | § 6-10 | |
Ground-mounted solar energy system, Tier II [Added 12-11-2017 by L.L. No. 24-2017] | | § 6-10 | |
Job and newspaper printing | | ||
Warehousing and storage service | |
B.
Dimensional Standards.
For parcels 30 acres in size or more as of (effective date), the Planned Unit Development Process is required. See § 6-9. [Added 5-20-2013 by L.L. No. 8-2013; amended 11-3-2014 by L.L. No. 39-2014] |
CS Principal & Accessory Use/Structure Dimensional Standards | Vehicle Use Area | ||
|---|---|---|---|
Min. lot area | 1 ac. | ||
Min. lot width | 100 ft | ||
Min. front yard | |||
Height of structure for first 35 ft. | 20 ft | 10 ft* | |
Height of structure for any portion of building above 35 ft. | 30 ft | 10 ft* | |
Min. rear yard (abutting residential**/nonresidential) | 50 ft / 10 ft | 15 ft* / 10 ft* | |
Min. side yard (abutting residential**/nonresidential) | 50 ft / 10 ft | 15 ft* / 10 ft* | |
Max. height | 40 ft | ||
Max. building coverage | None | ||
Min. interior building separation | None required | ||
* | The entire area must be landscaped. |
** | R-R, S-A, R-1, R-2, R-3, CR-3A, TR-3, R-4, MFR-4A, MFR-5, MFR-6, MFR-7, PRD, PDD, PRD, NCD[1] |
[1]
Editor's Note: The diagram which immediately followed this table was repealed 2-8-2016 by L.L. No. 2-2016.
4-5-3.
Accessory Uses and Structures.
A.
Permitted Accessory Uses and Structures. The following accessory uses and structures incidental to any permitted principal use are allowed subject to the requirements of § 6-8, Accessory Uses or Part 7, General Development Standards.
CS Permitted Accessory Uses and Structures | Standards |
|---|---|
Landscaping | § 7-2 |
Off-street parking, loading, and stacking | § 7-1 |
Signs | § 7-8 |
Solar energy systems [Added 12-11-2017 by L.L. No. 24-2017] | § 6-10 |
Small wind energy system [Added 8-17-2009 by L.L. No. 12-2009] | § 6-8-14 |
Other uses and structures customarily incidental to the principal use |
B.
Dimensional Standards. The dimensional standards for an accessory use or structure shall be the same as those for the principal use in § 4-5-2B.
4-5-4.
General Development Standards.
A.
Interior side or rear yards separating parking, loading and stacking area from lot lines are not required for unified developments.
B.
Development in the CS district shall also comply with the requirements referenced in the table below.
CS General Development Standards | |
|---|---|
Off-Street Parking, Loading and Stacking | § 7-1 |
Landscaping, Buffers and Screening | § 7-2 |
Site Lighting | § 7-3 |
Outdoor Storage and Display | § 7-4 |
Fences and Walls | § 7-5 |
Access and Circulation | § 7-6 |
Provisions for Flood Hazard Reduction | § 7-7 |
Sign Regulations | § 7-8 |
Performance Standards | § 7-9 |
Bulk Storage of Combustible or Flammable Liquids | § 7-10 |
§ 4-6 Motor Service District (MS)
4-6-1.
Purpose. To provide areas within the Town for the location of transportation-oriented commercial uses designed to serve the needs of motorists and related vehicular needs.
4-6-2.
Principal and Special Uses.
A.
Permitted Uses and Structures.
MS | Permitted | Special Use | Standards |
|---|---|---|---|
OPEN USES | |||
No open uses allowed | |||
RESIDENTIAL USES | |||
Upper-story dwelling unit | | § 6-2-6 | |
PUBLIC AND CIVIC USES | |||
Ambulance service | | ||
Minor utilities | | ||
Place of worship | | § 6-3-3 | |
Public utility service structure or facility | | § 6-3-4 | |
Public works construction yard [Added 12-7-2009 by L.L. No. 19-2009] | | § 6-3-5 | |
Telecommunication facility | | § 6-7 | |
COMMERCIAL | |||
Bus garages [Added 2-24-2014 by L.L. No. 4-2014] | | ||
Bus | |||
Car wash | | § 6-4-3 | |
Dog day care facility [Added 10-17-2011 by L.L. No. 25-2011] | | § 6-4-13 [Amended 11-5-2012 by L.L. No. 17-2012] | |
Motor vehicle repair [Added 2-4-2008 by L.L. No. 1-2008] | | ||
Motor vehicle washing establishment | | ||
Passenger terminal | | ||
Restaurant with drive-through [Amended 9-21-2009 by L.L. No. 14-2009] | | § 4-8-4 | |
Restaurant without drive-through or outdoor dining [Amended 9-21-2009 by L.L. No. 14-2009] | | ||
Service station | | § 6-4-10 [Amended 12-19-2011 by L.L. No. 34-2011] | |
Tire, battery and accessory store | | ||
Vehicle sales, rental, leasing and related repair, including trailers | | § 6-4-12 [Amended 12-19-2011 by L.L. No. 34-2011] | |
INDUSTRIAL | |||
No industrial uses allowed |
B.
Dimensional Standards.
For parcels 30 acres in size or more as of (effective date), the Planned Unit Development Process is required. See § 6-9. [Added 5-20-2013 by L.L. No. 8-2013; amended 12-19-2011 by L.L. No. 34-2011; 11-3-2014 by L.L. No. 39-2014] |
MS Principal & Accessory Use/Structure Dimensional Standards | Vehicle Use Area | ||
|---|---|---|---|
Min. lot area | None (see 6-4-12) | ||
Min. lot width | 100 ft | ||
Min. front yard | |||
Height of structure for first 35 ft. | 20 ft | 10 ft* | |
Height of structure for any portion of building above 35 ft. | 30 ft | 10 ft* | |
Min. rear yard (abutting residential**/nonresidential) | See § 2-5-4B(3) / 25 ft | 15 ft* / 10 ft* | |
Min. side yard (abutting residential**/nonresidential) | See § 2-5-4B(3) / 10 ft | 15 ft* / 10 ft* | |
Max. height | 65 ft | ||
Max. building coverage | None | ||
Min. interior building separation | 30 ft | ||
* | The entire area must be landscaped. |
** | R-R, S-A, R-1, R-2, R-3, CR-3A, TR-3, R-4, MFR-4A, MFR-5, MFR-6, MFR-7, PRD, PDD, PRD, NCD[1] |
[1]
Editor's Note: The diagram which immediately followed this table was repealed 2-8-2016 by L.L. No. 2-2016.
4-6-3.
Accessory Uses and Structures.
A.
Permitted Accessory Uses and Structures. The following accessory uses and structures incidental to any permitted principal use are allowed subject to the requirements of § 6-8, Accessory Uses or Part 7, General Development Standards.
MS Permitted Accessory Uses and Structures | Standards |
|---|---|
Landscaping | § 7-2 |
Off-street parking, loading, and stacking | § 7-1 |
Solar energy systems [Added 12-11-2017 by L.L. No. 24-2017] | § 6-10 |
Signs | § 7-8 |
Small wind energy system [Added 8-17-2009 by L.L. No. 12-2009] | § 6-8-14 |
Other uses and structures customarily incidental to the principal use |
B.
Dimensional Standards. The dimensional standards for an accessory use or structure shall be the same as those for the principal use in § 4-6-2B.
4-6-4.
General Development Standards.
A.
Interior side or rear yards separating parking, loading and stacking area from lot lines are not required for unified developments.
B.
Development in the MS district shall also comply with the requirements referenced in the table below.
MS General Development Standards | |
|---|---|
Off-Street Parking, Loading and Stacking | § 7-1 |
Landscaping, Buffers and Screening | § 7-2 |
Site Lighting | § 7-3 |
Outdoor Storage and Display | § 7-4 |
Fences and Walls | § 7-5 |
Access and Circulation | § 7-6 |
Provisions for Flood Hazard Reduction | § 7-7 |
Sign Regulations | § 7-8 |
Performance Standards | § 7-9 |
Bulk Storage of Combustible or Flammable Liquids | § 7-10 |
§ 4-7 Shopping Center District (SC)
4-7-1.
Purpose. To provide regional centers within the Town that provide goods and services in full range and variety, drawing from a large population base. Development occurs on parcels of at least ten acres with compatible business enterprises designed and planned as a unified entity with common access points and off-street parking, loading and stacking areas to jointly serve all buildings. Such zoning district must be comprised of a minimum of 50 contiguous acres. Attached dwelling units will be permitted when a part of and integrated with a qualifying business enterprise development.
[Amended 12-12-2022 by L.L. No. 22-2022]
4-7-2.
Principal and Special Uses.
A.
Permitted Uses and Structures.
SC | Permitted | Special Use | Standards |
|---|---|---|---|
OPEN USES | |||
No open uses allowed | |||
RESIDENTIAL USES | |||
Attached dwelling unit | | § 3-12-2B(3) | |
Upper-story dwelling unit | | § 6-2-6 | |
PUBLIC AND CIVIC USES | |||
Daycare center, nursery or other private school | | ||
Minor utilities | | ||
Place of worship | | § 6-3-3 | |
Public utility service structure or facility | | § 6-3-4 | |
Public works construction yard [Added 12-7-2009 by L.L. No. 19-2009] | | § 6-3-5 | |
Telecommunication facility | | § 6-7 | |
COMMERCIAL | |||
Advertising agency | | ||
Animal grooming, cat boarding facility, animal hospital or veterinarian [Amended 2-4-2008 by L.L. No. 1-2008; 10-17-2022 by L.L. No. 19-2022; 12-12-2022 by L.L. No. 22-2022] | | § 6-4-1 | |
Antiques and second-hand merchandise store | | ||
Apparel and accessories store | | ||
Apparel repair and alterations and shoe repair shop | | ||
Archival center | | ||
Bakery or confectionary shop (retail) | | ||
Bank | | § 4-8-4 | |
Beauty or barber shop (retail) | | ||
Book and stationery store | | § 6-4-7 [Amended 12-19-2011 by L.L. No. 34-2011] | |
Commercial recreation activities, indoor | | ||
Commercial recreation activities, outdoor[1] | | ||
Department store | | ||
Drug store | | § 4-8-4 | |
Employment agency | | ||
Farm and garden supply store[2] | | ||
Food store | | ||
Funeral home | | ||
Gymnasium or health club [Added 2-4-2008 by L.L. No. 1-2008] | | ||
Hardware store/Plumbing Store [Amended 12-12-2022 by L.L. No. 22-2022] | | ||
Home furnishing store | | ||
Home garden store[3] | | ||
Household fixture and appliance sales or service[4] | | ||
Jewelry store | | ||
Job printing or photography store[5] | | ||
Laundromat, cleaning and dyeing outlets and pickup | | ||
Liquor store | | ||
Medical laboratory testing service | | ||
Motel or hotel | | ||
Motion picture theater or live theater [Added 9-21-2009 by L.L. No. 14-2009] | | ||
Nurseries for sale of plants, shrubs, and trees | | ||
Office | | ||
Passenger terminal | | ||
Personal training facility [Added 2-4-2008 by L.L. No. 1-2008] | | ||
Photography studio/Printing and photocopying store[6] [Added 2-4-2008 by L.L. No. 1-2008; amended 12-12-2022 by L.L. No. 22-2022] | | ||
Postal store or post office | | ||
Radio or television studio/Recording studio[7] [Added 4-12-2010 by L.L. No. 2-2010; amended 12-12-2022 by L.L. No. 22-2022] | | ||
Restaurant with drive-through/Restaurant with outdoor dining[8] [Amended 12-12-2022 by L.L. No. 22-2022] | | § 4-8-4 & § 6-4-9 | |
Restaurant without drive-through or outdoor dining | | ||
Service station | | § 6-4-10 [Amended 12-19-2011 by L.L. No. 34-2011] | |
Shops for custom work for the making of articles to be sold only at retail on the premises | | ||
Sporting goods or bicycle store | | ||
Tattoo parlor/body art studio [Added 12-12-2022 by L.L. No. 22-2022] | | ||
Variety store[9] | | ||
Wholesale store | | ||
INDUSTRIAL | |||
No industrial uses allowed |
[1]
Editor's Note: The entry for "contracting or construction services," which immediately followed this entry, was repealed 10-17-2022 by L.L. No. 19-2022.
[2]
Editor's Note: The entry for "farm equipment sales or service," which immediately followed this entry, was repealed 12-12-2022 by L.L. No. 22-2022.
[3]
Editor's Note: The entry for "house and camping trailer sales, camping equipment and accessories and related repair service," which immediately followed this entry, was repealed 12-12-2022 by L.L. No. 22-2022.
[4]
Editor's Note: The entry for "indoor commercial recreation facility," which immediately followed this entry, was repealed 12-12-2022 by L.L. No. 22-2022.
[5]
Editor's Note: The entry for "ice store," which immediately followed this entry, was repealed 12-12-2022 by L.L. No. 22-2022.
[6]
Editor's Note: The entries for "printing and photocopying store" and "plumbing store," which immediately followed this entry, were repealed 12-12-2022 by L.L. No. 22-2022.
[7]
Editor's Note: The entry for "recording studio," added 4-12-2010 by L.L. No. 2-2010, which immediately followed this entry, was repealed 12-12-2022 by L.L. No. 22-2022.
[8]
Editor's Note: The entry for "restaurant with outdoor dining," amended 12-19-2011 by L.L. No. 34-2011, which immediately followed this entry, was repealed 12-12-2022 by L.L. No. 22-2022.
[9]
Editor's Note: The entry for "vehicle sales, rental, leasing and related repair, including trailers," amended 12-19-2011 by L.L. No. 34-2011, which immediately followed this entry, was repealed 12-12-2022 by L.L. No. 22-2022.
B.
Dimensional Standards.[10]
SC Principal & Accessory Use/Structure Dimensional Standards | Vehicle Use Area | ||
|---|---|---|---|
Min. lot area | 10 ac [Amended 12-12-2022 by L.L. No. 22-2022] | ||
Min. lot width | None | ||
Min. front yard | |||
- height of structure for first 35 ft. | 25 ft [Amended 12-12-2022 by L.L. No. 22-2022] | 25 ft | |
- height of structure for any portion of building above 35 ft. | 30 ft | 25 ft* | |
Min. rear yard (abutting residential**/nonresidential) | See § 2-5-4B(3)/ 50 ft | 25 ft* / 10 ft* | |
Min. side yard (abutting residential**/nonresidential) | See § 2-5-4B(3)/ 50 ft | 25 ft* / 10 ft* | |
Max. height | 65 ft | ||
Max. building coverage | None | ||
Min. interior building separation | 30 ft | ||
* | The entire area must be landscaped. |
** | R-R, S-A, R-1, R-2, R-3, CR-3A, TR-3, R-4, MFR-4A, MFR-5, MFR-6, MFR-7, PRD, PDD, PRD, NCD[11] |
[10]
Editor's Note: The provision requiring the Planned Unit Development Process for parcels 30 acres in size or more, added 5-20-2013 by L.L. No. 8-2013, amended 11-3-2014 by L.L. No. 39-2014, was repealed 12-12-2022 by L.L. No. 22-2022.
[11]
Editor's Note: The diagram which immediately followed this table, as amended 1-16-2007 by L.L. No. 2-2007, was repealed 2-8-2016 by L.L. No. 2-2016.
4-7-3.
Accessory Uses and Structures.
A.
Permitted Accessory Uses and Structures. The following accessory uses and structures incidental to any permitted principal use are allowed subject to the requirements of § 6-8, Accessory Uses or Part 7, General Development Standards.
SC Permitted Accessory Uses and Structures | Standards |
|---|---|
Landscaping | § 7-2 |
Off-street parking, loading, and stacking | § 7-1 |
Solar energy systems [Added 12-11-2017 by L.L. No. 24-2017] | § 6-10 |
Signs | § 7-8 |
Small wind energy system [Added 8-17-2009 by L.L. No. 12-2009] | § 6-8-14 |
Storage facility clearly incidental to the principal use | |
Other uses and structures customarily incidental to the principal use |
B.
Dimensional Standards. The dimensional standards for an accessory use or structure shall be the same as those for the principal use in § 4-7-2B.
4-7-4.
General Development Standards.
A.
All principal and accessory uses, except signs, outdoor storage and display, and off-street parking, loading and stacking, shall be conducted within completely enclosed structures.
B.
Interior side or rear yards separating parking, loading and stacking area from lot lines are not required for unified developments.
C.
Distance between buildings and vehicle use areas from right-of-way of dedicated interior streets shall be a minimum of 25 feet.
D.
Development in the SC district shall also comply with the requirements referenced in the table below.
SC General Development Standards | |
|---|---|
Off-Street Parking, Loading and Stacking | § 7-1 |
Landscaping, Buffers and Screening | § 7-2 |
Site Lighting | § 7-3 |
Outdoor Storage and Display | § 7-4 |
Fences and Walls | § 7-5 |
Access and Circulation | § 7-6 |
Provisions for Flood Hazard Reduction | § 7-7 |
Sign Regulations | § 7-8 |
Performance Standards | § 7-9 |
Bulk Storage of Combustible or Flammable Liquids | § 7-10 |
§ 4-8 Supplemental Business District Design Standards
4-8-1.
Minimum Building Separation. Except where a greater requirement has been established under the regulations for the district, buildings within business districts shall be separated by a minimum of 10 feet.
4-8-2.
Side Yards for Corner Lots. Notwithstanding the dimensional standards of this Part, the following minimum setbacks shall be observed for all required side yards on corner lots in nonresidential districts.
Street Function | To Structure (feet) | To Parking, Loading & Stacking (feet) |
|---|---|---|
Arterial, Major or Minor | 40 | 10 |
Collector or Local Collector | 35 | 10 |
Local | 25 | 10 |
4-8-3.
Minimum Distances to Structures for Specific Streets. The minimum distances to structures for specific streets set out in § 2-5-3 shall supersede any setbacks set forth in this Part.
4-8-4.
Drive-Through Facility. A drive-through facility is permitted in accordance with the district use tables, subject to the following standards.
A.
All outdoor speakers shall be located a minimum of 100 feet from the nearest residential district boundary and shall not be directed toward such neighboring property.
B.
If the drive-through facility is located within 250 feet from the nearest residential district boundary, the use of all outdoor speakers shall be limited to between the hours of 6 a.m. and 10 p.m.
C.
Where a drive-through facility is allowed in the Mixed Use Districts, all drive-through areas, including, but not limited to, menu boards, stacking lanes, trash receptacles, ordering box, drive up windows, and other objects associated with the drive-through facility, must be located to the side or rear of the principal building. Drive-through windows and lanes may not be placed between a street (not including an alley) and the associated building.
[Added 9-3-2019]
4-8-5.
Unified Developments. Unified Developments are allowed in all nonresidential districts and listed Special Purpose Districts. Reciprocal agreements providing for the establishment, operation, use and maintenance of common facilities and features are required and shall not thereafter be modified or rescinded without consent by the Town.
[Amended 10-17-2022 by L.L. No. 19-2022]
4-8-6.
Building Design.
A.
Applicability. The standards in this Section shall apply to buildings in all nonresidential districts.
B.
Facades.
(1)
All nonresidential street facades shall be constructed of the following materials:
(a)
Brick;
(b)
Stucco (cementitious finish only, no more than 30 percent of any facade);
(c)
Architectural concrete masonry;
(d)
Hardi-plank or similar cementitious siding;
(e)
Masonry;
(f)
Wood;
(g)
Field stone, ledge stone or other native veneer;
(h)
Metal (for beams, lintels, trim elements and ornaments); or
(i)
Glass (no more than 80 percent of any facade).
(2)
The following materials shall be prohibited on all primary facades and mansard roofs:
[Amended 11-3-2014 by L.L. No. 39-2014]
(3)
Any side or rear wall facing a street, residential district or public or semipublic area shall consist of the same facing materials as the building front.
[Added 2-8-2016 by L.L. No. 2-2016]
C.
Blank Wall Area. Blank wall areas on street facades or facing the following districts: R-R, S-A, R-1, R-2, R-3, CR-3A, TR-3, R-4, MFR-4A, MFR-5, MFR-6, MFR-7 PRD, PDD, PRD, NCD shall extend a maximum of 30 feet in the vertical direction or 20 feet in the horizontal direction. Relief or reveal work depth shall not be less than three inches in depth. Control and expansion joints that meet this standard shall not constitute blank wall area. Channel letter or similar three-dimensional signs shall not constitute blank wall area.
[Amended 11-3-2014 by L.L. No. 39-2014]
D.
Storefront Display Windows.
[Amended 2-4-2008 by L.L. No. 1-2008; 4-12-2010 by L.L. No. 2-2010]
(1)
Storefront display windows shall cover a minimum of 25 percent of facades facing a public right-of-way. This requirement shall not apply to more than three facades of a building.
[Amended 8-1-2011 by L.L. No. 19-2011]
(2)
Interior displays and shelving within ten feet of the facade shall not exceed 15 percent of the total window area of primary and secondary ground floor facades.
E.
Building Entrances.
(1)
Nonresidential buildings shall provide a minimum of one building entrance oriented towards a street, pedestrian walkway or parking area.
(2)
Nonresidential building entrances on corner lots shall be either oriented in the same direction as entrances of adjacent buildings or oriented toward the corner of the lot.
 |
F.
Covered Pedestrian Walkway on Retail Facades. A covered pedestrian walkway that provides protection from the elements a minimum of six feet in width from the wall shall be required along any facade featuring a customer entrance or along any building facade abutting a parking area in accordance with the following.
[Amended 9-21-2009 by L.L. No. 14-2009; 8-1-2011 by L.L. No. 19-2011; 10-17-2022 by L.L. No. 19-2022]
(1)
Single Use Retail Building. A single use retail building shall provide a covered pedestrian walkway centered on all customer entrances for a distance of not less than 25 percent of the length of the shortest façade featuring a customer entrance. Where a customer entrance is located at the corner of a building, a covered pedestrian walkway shall extend along both facades for a distance of not less than 25 percent of the length of the shorter façade.
(3)
Arcade Requirements.
(a)
Arcades shall be integrated structurally and architecturally into the design of the facade and shall be constructed of consistent materials.
(b)
The exterior face of the arcade columns may abut the maximum front yard setback line for the TND District provided that the following requirements are met.
(4)
Awning Requirements.
(a)
Awnings shall be associated with windows and doors and shall be constructed of solid materials.
(b)
Awnings shall be integrated structurally and architecturally into the design of the facade and shall complement the overall color scheme of the building facade from which it projects.
(c)
Awnings may extend a maximum of two feet into the required setback area.
(e)
Fabric awnings shall be kept in good repair, so that the original color and integrity of the fabric is maintained.
§ 4-9 Research and Development District (RD)
4-9-1.
Purpose. To provide areas within the Town for the location of research and development, related production activities, light manufacturing, offices, and related training schools on sufficient land to permit efficient development. Such districts shall be designed and located in such a way that they shall neither encroach upon surrounding uses nor shall surrounding uses interfere with the efficient development of these activities. The RD district is designed to encourage the development of a balanced employment mix within the Town and improve the Town's tax base while providing sufficient educational opportunities to contribute to the training of the workforce and thereby meet the employment needs of businesses locating in the Town.
4-9-2.
Principal and Special Uses.
A.
Permitted Uses and Structures.
RD | Permitted | Special Use | Standards | |
|---|---|---|---|---|
OPEN USES | ||||
No open uses allowed | ||||
RESIDENTIAL USES | ||||
No residential uses allowed | ||||
PUBLIC AND CIVIC USES | ||||
Day-care center | | § 6-3-2 | ||
Minor utilities | | |||
Place of worship | | § 6-3-3 | ||
Public utility service structure or facility | | § 6-3-4 | ||
Public works construction yard [Added 12-7-2009 by L.L. No. 19-2009] | | § 6-3-5 | ||
Telecommunication facility | | § 6-7 | ||
COMMERCIAL | ||||
Ambulance Service [Added 2-24-2014 by L.L. No. 3-2014] | | |||
Bank | | |||
Dog day care facility [Added 10-17-2011 by L.L. No. 25-2011] | | § 6-4-13 [Amended 11-5-2012 by L.L. No. 17-2012] | ||
Medical laboratory testing service | | |||
Office | | |||
Training school such as technical, trade, vocational or business | | |||
Truck service, wash, and repair [Added 8-9-2021 by L.L. No. 11-2021] | | § 6-4-14 | ||
INDUSTRIAL | ||||
Compounding, manufacturing and assembly of: | ||||
Automobile and boating accessories from previously prepared materials | ||||
Clothing or other textile products | ||||
Electrical and electronic equipment and appliances | ||||
Food and beverage products | ||||
Household items, furniture | | |||
Musical, scientific, medical, dental or photographic instruments, equipment or supplies | ||||
Office equipment | ||||
Panels, sheets, tubes or rods | ||||
Pharmaceutical products, cosmetics or toiletries | ||||
Printing, publishing and engraving | ||||
Recreation equipment or toys | ||||
Experimental, research and testing facility | | |||
Ground-mounted solar energy systems, Tier III [Added 12-11-2017 by L.L. No. 24-2017] | | § 6-10 | ||
Ground-mounted solar energy systems, Tier II [Added 12-11-2017 by L.L. No. 24-2017] | | § 6-10 | ||
Research development facility | | |||
Tier I experimental pilot plant operation [Amended 12-11-2017 by L.L. No. 24-2017] | | |||
Warehousing and storage service | | |||
Wholesale distribution facility | | |||
B.
Dimensional Standards.
For parcels 30 acres in size or more as of (effective date), the Planned Unit Development Process is required. See § 6-9. [Added 5-20-2013 by L.L. No. 8-2013; amended 11-3-2014 by L.L. No. 39-2014] |
RD Principal & Accessory Use/Structure Dimensional Standards | Vehicle Use Area | ||
|---|---|---|---|
Min. district area | 10 ac | ||
Min. lot area | 1 ac | ||
Min. lot width | 35 ft | ||
Min. front yard | |||
Height of structure for first 35 ft. | 20 ft | 25 ft* | |
Height of structure for any portion of building above 35 ft. | 30 ft | 25 ft* | |
Min. rear yard (abutting residential**/nonresidential) | |||
Height of structure up to 30 ft | See § 2-5-4B(3)/15 ft | 25 ft* / 10 ft* | |
Height of structure 30 ft or more | See § 2-5-4B(3)/25 ft | 25 ft* / 10 ft* | |
Min. side yard (abutting residential**/nonresidential) | |||
Height of structure up to 30 ft | See § 2-5-4B(3)/ 15 ft | 25 ft* / 10 ft* | |
Height of structure 30 ft or more | See § 2-5-4B(3)/ 25 ft | 25 ft* / 10 ft* | |
Max. height | 65 ft | ||
Max. building coverage | None | ||
Min. interior building separation | 30 ft | ||
* | The entire area must be landscaped. |
** | R-R, S-A, R-1, R-2, R-3, CR-3A, TR-3, R-4, MFR-4A, MFR-5, MFR-6, MFR-7, PRD, PDD, PRD, NCD[1] |
[1]
Editor's Note: The diagram which immediately followed this table was repealed 2-8-2016 by L.L. No. 2-2016.
4-9-3.
Accessory Uses and Structures.
A.
Permitted Accessory Uses and Structures. The following accessory uses and structures incidental to any permitted principal use are allowed subject to the requirements of § 6-8, Accessory Uses or Part 7, General Development Standards.
RD Permitted Accessory Uses and Structures | Standards |
|---|---|
Convenience Retail Service [Added 12-14-2020 by L.L. No. 20-2020] | § 6-8-4 |
Day-care center | |
Landscaping | § 7-2 |
Off-street parking, loading, and stacking | § 7-1 |
Production operation accessory to a research or testing operation | |
Restaurant without drive-through [Added 12-14-2020 by L.L. No. 20-2020] | § 6-8-10 |
Retail sale of products assembled or stored on-site | § 6-8-11 |
Solar energy systems [Added 12-11-2017 by L.L. No. 24-2017] | § 6-10 |
Signs | § 7-8 |
Small wind energy system [Added 8-17-2009 by L.L. No. 12-2009] | § 6-8-14 |
Other uses and structures customarily incidental to the principal use |
B.
Dimensional Standards. The dimensional standards for an accessory use or structure shall be the same as those for the principal use in § 4-9-2B.
4-9-4.
General Development Standards.
A.
Interior side or rear yards separating parking, loading and stacking area from lot lines are not required for unified developments.
B.
Development in the RD district shall also comply with the requirements referenced in the table below.
RD General Development Standards | |
|---|---|
Off-Street Parking, Loading and Stacking | § 7-1 |
Landscaping, Buffers and Screening | § 7-2 |
Site Lighting | § 7-3 |
Outdoor Storage and Display | § 7-4 |
Fences and Walls | § 7-5 |
Access and Circulation | § 7-6 |
Provisions for Flood Hazard Reduction | § 7-7 |
Sign Regulations | § 7-8 |
Performance Standards | § 7-9 |
Bulk Storage of Combustible or Flammable Liquids | § 7-10 |
§ 4-10 Science Technology District (ST)
4-10-1.
Purpose. To provide areas in the Town for planned centers for scientific research, telecommunications, business and finance, electronic data operations and development and testing and ancillary production of resulting products and services.
4-10-2.
Principal and Special Uses.
A.
Permitted Uses and Structures.
ST | Permitted | Special Use | Standards | |
|---|---|---|---|---|
OPEN USES | ||||
No open uses allowed | ||||
RESIDENTIAL USES | ||||
No residential uses allowed | ||||
PUBLIC AND CIVIC USES | ||||
Day-care center | | § 6-3-2 | ||
Minor utilities | | |||
Place of worship | | § 6-3-3 | ||
Public utility service structure or facility | | § 6-3-4 | ||
Public works construction yard [Added 12-7-2009 by L.L. No. 19-2009] | | § 6-3-5 | ||
Telecommunication facility | | § 6-7 | ||
COMMERCIAL | ||||
Medical laboratory testing service | | |||
Offices for scientific research, telecommunications, telemarketing, administrative support services for business and finance, electronic data operations and development and testing enterprises | | |||
Training school such as technical, trade, vocational or business | | |||
INDUSTRIAL | ||||
Research, experimental or developmental laboratory | | |||
Ground-mounted solar energy systems, Tier III [Added 12-11-2017 by L.L. No. 24-2017] | | § 6-10 | ||
Ground-mounted solar energy systems, Tier II [Added 12-11-2017 by L.L. No. 24-2017] | | § 6-10 | ||
Uses engaged in research and development activities including: | ||||
Assembling testing and calibration of electronic, scientific, medical, optical, biochemical, chemical, metallurgical and pharmaceutical components, devices, systems and equipment | ||||
Audio components, radio and television equipment | | |||
Communication, navigation control, transmission and reception equipment | ||||
Controls equipment and guidance systems | ||||
Data processing equipment and systems | ||||
Microfilming and record preparation | ||||
Research, experimental and developmental labs | ||||
Scientific and medical instruments | ||||
B.
Dimensional Standards.
For parcels 30 acres in size or more as of (effective date), the Planned Unit Development Process is required. See § 6-9. [Added 5-20-2013 by L.L. No. 8-2013; amended 11-3-2014 by L.L. No. 39-2014] |
ST Principal & Accessory Use/Structure Dimensional Standards | Vehicle Use Area | ||
|---|---|---|---|
Min. district area | 10 ac | ||
Min. lot area | 2 ac | ||
Min. lot width | 200 ft | ||
Min. front yard | |||
Height of structure for first 35 ft. | 20 ft | 35 ft* | |
Height of structure for any portion of building above 35 ft. | 30 ft | 35 ft* | |
Min. rear yard (abutting residential**/nonresidential) | |||
Height of structure up to 30 ft | 50 ft / 30 ft | 45 ft* / 25 ft* | |
Height of structure 30 ft or more | 75 ft / 40 ft | 45 ft* / 25 ft* | |
Min. side yard (abutting residential**/nonresidential) | |||
Height of structure up to 30 ft | 50 ft / 30 ft | 45 ft* / 25 ft* | |
Height of structure 30 ft or more | 75 ft / 40 ft | 45 ft* / 25 ft* | |
Max. height | 45 ft | ||
Max. building coverage | 35% | ||
Min. interior building separation | 30 ft | ||
* | The entire area must be landscaped. |
** | R-R, S-A, R-1, R-2, R-3, CR-3A, TR-3, R-4, MFR-4A, MFR-5, MFR-6, MFR-7, PRD, PDD, PRD, NCD[1] |
[1]
Editor's Note: The diagram which immediately followed this table was repealed 2-8-2016 by L.L. No. 2-2016.
4-10-3.
Accessory Uses and Structures.
A.
Permitted Accessory Uses and Structures. The following accessory uses and structures incidental to any permitted principal use are allowed subject to the requirements of § 6-8, Accessory Uses or Part 7, General Development Standards.
ST Permitted Accessory Uses and Structures | Standards |
|---|---|
Conference center serving a ST district | § 6-8-5 |
Day-care center | |
Landscaping | § 7-2 |
Off-street parking, loading, and stacking | § 7-1 |
Solar energy systems [Added 12-11-2017 by L.L. No. 24-2017] | § 6-10 |
Signs | § 7-8 |
Small wind energy system [Added 8-17-2009 by L.L. No. 12-2009] | § 6-8-14 |
Other uses and structures customarily incidental to the principal use |
B.
Dimensional Standards. The dimensional standards for an accessory use or structure shall be the same as those for the principal use in § 4-10-2B.
4-10-4.
General Development Standards.
A.
Accessory buildings shall not be permitted in any front yard.
B.
All utility lines and communications service lines shall be placed underground.
C.
Interior side or rear yards separating parking, loading and stacking area from lot lines are not required for unified developments.
D.
Development in the ST district shall also comply with the requirements referenced in the table below.
ST General Development Standards | |
|---|---|
Off-Street Parking, Loading and Stacking | § 7-1 |
Landscaping, Buffers and Screening | § 7-2 |
Site Lighting | § 7-3 |
Outdoor Storage and Display | § 7-4 |
Fences and Walls | § 7-5 |
Access and Circulation | § 7-6 |
Provisions for Flood Hazard Reduction | § 7-7 |
Sign Regulations | § 7-8 |
Performance Standards | § 7-9 |
Bulk Storage of Combustible or Flammable Liquids | § 7-10 |
§ 4-11 General Industrial District (GI)
4-11-1.
Purpose. To provide areas within the Town for the location of heavier manufacturing and processing facilities, as well as office, research and service establishments, where compatible industries will be located in an organized manner so as to ensure the efficient development of the industrial use and compatibility with adjacent districts. Such district is designed to encourage the development of a balanced employment mix within the Town and to improve the Town's tax base.
4-11-2.
Principal and Special Uses.
A.
Permitted Uses and Structures.
GI | Permitted | Special Use | Standards | |
|---|---|---|---|---|
OPEN USES | ||||
No open uses allowed | ||||
RESIDENTIAL USES | ||||
No residential uses allowed | ||||
PUBLIC AND CIVIC USES | ||||
Day-care center | | § 6-3-2 | ||
Minor utilities | | |||
Place of worship | | § 6-3-3 | ||
Public utility service structure or facility | | § 6-3-4 | ||
Public works construction yard [Added 12-7-2009 by L.L. No. 19-2009] | | § 6-3-5 | ||
Telecommunication facility | | § 6-7 | ||
COMMERCIAL | ||||
Bank | | |||
Building materials sales and service | | |||
Business, driving, martial arts and other trade schools | | |||
Business services including sign company, window cleaning and other dwelling and building services | | |||
Contracting or construction | | |||
Electrical and household appliance repair service | | |||
Job and newspaper printing | | |||
Laundering, dry cleaning, and dyeing services | | |||
Medical laboratory testing service | | |||
Motor vehicles repair [Added 3-7-2016 by L.L. No. 5-2016] | | |||
Office | | |||
Outdoor storage | | |||
Trailer and motor vehicle sales and rental | | |||
Training school such as technical, trade, vocational and business | | |||
Truck service, wash, and repair [Added 8-9-2021 by L.L. No. 11-2021] | | § 6-4-14 | ||
INDUSTRIAL | ||||
Automobile junkyard | | |||
Blending, mixing and packaging of: | ||||
Detergents, disinfectants, fungicides, ink, insecticides, soap and related household and industrial chemical compounds | | |||
Compounding, manufacturing and assembly of: | ||||
Automobile and boating accessories from previously prepared materials | ||||
Clothing or other textile products | ||||
Electrical and electronic equipment and appliances | ||||
Food and beverage products | ||||
Household items | ||||
Furniture | | |||
Merchandise from previously prepared materials | ||||
Musical, scientific, medical, dental or photographic instruments, equipment or supplies | ||||
Office equipment | ||||
Panels, sheets, tubes or rods | ||||
Pharmaceutical products, cosmetics or toiletries | ||||
Printing, publishing and engraving | ||||
Recreation equipment or toys | ||||
Experimental, research and testing facility | | |||
Ground-mounted solar energy system, Tier II[1] [Added 12-11-2017 by L.L. No. 24-2017] | | § 6-10 | ||
Research development facility | | |||
Tier I experimental pilot plant operation [Amended 12-11-2017 by L.L. No. 24-2017] | | |||
Warehousing and storage service | | |||
Wholesale distribution facility | | |||
[1]
Editor's Note: The entries for job and newspaper printing; laboratory; and metalwork, manufacture of concrete, wood and other solid products; which immediately followed this entry, were repealed 8-9-2021 by L.L. No. 11-2021.
B.
Dimensional Standards.
For parcels 30 acres in size or more as of (effective date), the Planned Unit Development Process is required. See § 6-9. [Added 5-20-2013 by L.L. No. 8-2013; amended 11-3-2014 by L.L. No. 39-2014] |
GI Principal & Accessory Use/Structure Dimensional Standards | Vehicle Use Area | ||
|---|---|---|---|
Min. lot area | 1 ac | ||
Min. lot width | 100 ft | ||
Min. front yard | |||
Height of structure for first 35 ft. | 20 ft | 25 ft* | |
Height of structure for any portion of building above 35 ft. | 30 ft | 25 ft* | |
Min. rear yard (abutting residential**/nonresidential) | |||
Height of structure up to 30 ft | See § 2-5-4B(3)/15 ft | 25 ft* / 10 ft* | |
Height of structure 30 ft or more | See § 2-5-4B(3)/25 ft | 25 ft* / 10 ft* | |
Min. side yard (abutting residential**/nonresidential) | |||
Height of structure up to 30 ft | See § 2-5-4B(3)/15 ft | 25 ft* / 10 ft* | |
Height of structure 30 ft or more | See § 2-5-4B(3)/25 ft | 25 ft* /10 ft* | |
Max. height | 65 ft | ||
Max. building coverage | None | ||
Min. interior building separation | 30 ft | ||
* | The entire area must be landscaped. |
** | R-R, S-A, R-1, R-2, R-3, CR-3A, TR-3, R-4, MFR-4A, MFR-5, MFR-6, MFR-7, PRD, PDD, PRD, NCD[2] |
[2]
Editor's Note: The diagram which immediately followed this table was repealed 2-8-2016 by L.L. No. 2-2016.
4-11-3.
Accessory Uses and Structures.
A.
Permitted Accessory Uses and Structures. The following accessory uses and structures incidental to any permitted principal use are allowed subject to the requirements of § 6-8, Accessory Uses or Part 7, General Development Standards.
GI Permitted Accessory Uses and Structures | Standards |
|---|---|
Landscaping | § 7-2 |
Day-care center | |
Off-street parking, loading, and stacking | § 7-1 |
Retail sales and service (may be manufactured or assembled on-premise) | § 6-8-11 |
Solar energy systems [Added 12-11-2017 by L.L. No. 24-2017] | § 6-10 |
Signs | § 7-8 |
Small wind energy system [Added 8-17-2009 by L.L. No. 12-2009] | § 6-8-14 |
Other uses and structures customarily incidental to any permitted principal use |
B.
Dimensional Standards. The dimensional standards for an accessory use or structure shall be the same as those for the principal use in § 4-11-2B.
4-11-4.
General Development Standards.
A.
Interior side or rear yards separating parking, loading and stacking area from lot lines are not required for unified developments.
B.
Development in the GI district shall also comply with the requirements referenced in the table below.
GI General Development Standards | |
|---|---|
Off-Street Parking, Loading and Stacking | § 7-1 |
Landscaping, Buffers and Screening | § 7-2 |
Site Lighting | § 7-3 |
Outdoor Storage and Display | § 7-4 |
Access and Circulation | § 7-5 |
Fences and Walls | § 7-6 |
Provisions for Flood Hazard Reduction | § 7-7 |
Sign Regulations | § 7-8 |
Performance Standards | § 7-9 |
Bulk Storage of Combustible or Flammable Liquids | § 7-10 |
§ 4-12 Supplemental Industrial District Design Standards
4-12-1.
Minimum Building Separation. Except where a greater requirement has been established under the regulations for the district, buildings within industrial districts shall be separated by a minimum of 10 feet.
4-12-2.
Side Yards for Corner Lots. Notwithstanding the dimensional standards of this Section, the following minimum setbacks shall be observed for all required side yards on corner lots in industrial districts.
Street Function | To Building (feet) | To Parking, Loading & Stacking (feet) |
|---|---|---|
Arterial, Major or Minor | 40 | 10 |
Collector or Local | 35 | 10 |
Collector | ||
Local | 25 | 10 |
4-12-3.
Minimum Distances to Structures for Specific Streets. The minimum distances to structures for specific streets set out in § 2-5-3 shall supersede any setbacks set forth in this Section.
4-12-4.
Unified Developments. Unified Developments are allowed in all nonresidential districts. Reciprocal agreements providing for the establishment, operation, use and maintenance of common facilities and features are required and shall not thereafter be modified or rescinded without consent by the Town.
4-12-5.
Building Materials. Exterior wall surfaces of buildings shall be of masonry, wood, glass or metal or a combination facing of these materials. Exterior wall facings and mansard roofs shall not include asbestos or corrugated metal products. Any side or rear wall facing a street, residential district or public or semipublic area shall consist of the same facing materials as the building front.
4-12-6.
Building Design. See § 4-8-6.