Barre Town City Zoning Code
ARTICLE V
District Regulations
§ 350-22 Agricultural/Residential District (AR).
A.
Purpose. The purpose of the AR Agricultural/Residential District is to protect agricultural lands and uses from incompatible uses and development; to maintain an open rural character of the community; to assure compatible types and densities of development; to provide for low density, rural development on lands where public sewers and water service do not exist and are not envisioned in the near future; and to protect the natural environment.
B.
Permitted uses:
(1)
Single-family and two-family dwellings, not to exceed one principal structure per lot.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2)
Agriculture (farming) as defined herein.
(3)
Storage, packing and sale of field, garden, orchard, nursery, and vineyard crops, but not including agricultural product processing facilities or distribution centers.
(4)
Roadside stands, under the following conditions:
(a)
The stand shall be set back not less than 30 feet from the edge of the right-of-way line.
(b)
Sufficient land area shall be provided to accommodate off-street parking for not less than three vehicles on site.
(c)
Such stands (including signs associated with such uses) shall be removed and appropriately stored within 10 days of the end of the harvest season.
(5)
Seasonal dwellings, provided that all applicable provisions of the New York State Uniform Fire Prevention and Building Code are met.
C.
Permitted accessory uses:
(1)
One private detached garage or carport with a maximum capacity of 800 square feet for the parking of automobiles or storage of property belonging to residents on the premises. Detached garages shall be located to the rear of the front building line of the principal building and may be located in a side yard with a minimum side yard setback of 15 feet.
(2)
Customary accessory structures serving residential uses, including, but not limited to, private swimming pools, storage buildings, greenhouses, pet shelters and fireplaces. A private detached garage or carport shall not be considered a customary accessory structure.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(3)
Customary farm accessory buildings for the storage or packing of products or equipment, but not including agricultural product processing facilities or distribution centers.
(4)
The keeping, breeding, and raising of farm animals in association with a residential use, subject to the following restrictions:
(a)
No stable, similar animal housing or confining areas shall be allowed on lots of less than two acres.
(b)
No structure housing such animals shall be located closer than 50 feet to any street or property line.
(c)
Not more than one adult or fully grown horse, cow, beef cattle, sheep, goat or other four-legged domestic-type farm animal, or combinations thereof, may be kept per acre of land in the residential parcel.
(d)
Not more than a total of any combination of 12 adult or fully grown chickens, ducks, geese or other fowl or birds of any type may be kept per acre of land in the residential parcel.
(5)
Yard sales, provided that not more than three such sales shall occur during one calendar year, and that the duration of such sales do not exceed three consecutive days.
(6)
Off-street parking, fencing and signs in accordance with the provisions of this chapter.
(7)
Other accessory uses not specified herein may be approved, provided that the Zoning Board of Appeals renders an interpretation indicating that such uses are clearly accessory to the permitted principal use and consistent with the purpose and intent of the zone district and this chapter.
D.
Uses requiring a special permit issued by the Planning Board (subject to special permit regulations, Article VII):
(1)
Home occupation.
(2)
Private or commercial airport or airstrip.
(3)
Animal hospital.
(4)
Bed-and-breakfast establishment.
(5)
Campground.
(6)
Cluster residential development.
(7)
Conference/resort complex.
(8)
Essential services and utilities.
(9)
Excavation and mining.
(10)
Farm labor camp.
(11)
Farm markets.
(12)
Kennel.
(13)
Manufactured home park.
(14)
Public and semipublic use, including day-care center.
(15)
Stable or riding academy.
(16)
Telecommunications facility.
(17)
Any other use which, in the opinion of the Planning Board, is similar in nature and effect to the special use permits prescribed in this section.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
E.
Specifications.
(1)
Setback requirements:
(a)
Front: 75 feet (measured from right-of-way line).
(b)
Side: 15 feet.
(c)
Rear: 15 feet.
(2)
Lot width: 200 feet.
(3)
Minimum lot size: 40,000 square feet.
(4)
Maximum building height: 35 feet except agricultural storage facilities and airport structures.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(5)
Maximum building coverage: 25%.
§ 350-23 R-1 Residential District.
A.
Purpose. The purpose of the R-1 Residential District is to provide a stable environment for rural residential development, free from incompatible uses.
B.
Permitted uses:
(1)
One-family dwellings.
(2)
Two-family dwellings.
(3)
Agriculture (farming) as defined herein.
C.
Permitted accessory uses: All accessory uses permitted in the AR District shall be permitted in the R-1 District.
D.
Uses requiring a special permit issued by the Planning Board (subject to special use regulations, Article VII):
(1)
Bed-and-breakfast establishment.
(2)
Cluster residential development.
(3)
Essential services and utilities.
(4)
Home occupations.
(5)
Manufactured home park.
(6)
Public and semipublic uses, including day-care centers.
(7)
Any other use which, in the opinion of the Planning Board, is similar in nature and effect to the special use permits prescribed in this section.[1]
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
E.
Specifications.
(1)
Setback requirements:
(a)
Front: 75 feet (measured from right-of-way line).
(b)
Side: 15 feet.
(c)
Rear: 15 feet.
(2)
Minimum lot width: 150 feet.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(3)
Maximum height: 35 feet.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(4)
Minimum lot size: 30,000 square feet.
(5)
Maximum building coverage: 30%.
§ 350-24 General Business District (B).
A.
Purpose. The purpose of the General Business District is to provide for business establishments serving the needs of area residents, especially retail and service businesses, as well as to accommodate residential development.
B.
Permitted uses:
(1)
One-family dwelling.
(2)
Two-family dwelling.
(3)
Agriculture (farming) as defined herein.
(4)
The storing, packing and sale of field, garden, orchard, nursery, and vineyard crops.
(5)
Farm markets.
(6)
Roadside stands, subject to the requirements of § 350-22B(5).
(7)
Retail business establishments which are clearly of a neighborhood service character, such as, but not limited to, the following:
(a)
Stores selling groceries, meats, baked goods, and other such food items.
(b)
Drugstores and variety stores.
(c)
Stationery, tobacco and newspaper stores and confectionery stores.
(d)
Clothing, variety and general merchandise stores.
(e)
Hardware, appliance, radio and television sales and service.
(8)
Personal service establishments which shall include, but not be limited to, the following:
(a)
Barber- and beauty shops.
(b)
Shoe repair and fix-it shops.
(c)
Dry-cleaning stores and laundromats.
(9)
Business and professional offices, including, but not limited to, medical, dental, real estate, and accounting.
(10)
Assembly halls and theaters, excluding drive-in theaters.
(11)
Newspaper printing, including incidental job printing.
(12)
Funeral parlors.
(13)
Custom shops, including, but not limited to, printing, electrical, heating, plumbing, or woodworking.
(14)
Building supply and farm equipment stores.
(15)
Wholesale establishments provided that all sales activities are conducted in a completely enclosed building.
(16)
Commercial greenhouse or nursery.
(17)
Assembling, converting, altering, finishing, cleaning, or any other processing of products, provided that:
(a)
Goods so produced or processed are to be sold at retail, exclusively on the premises;
(b)
Space used for such purposes shall not occupy more than 20% of the area devoted to retail sales, shall be clearly incidental to such retail use and shall be fully concealed from any street;
(c)
Not more than two persons shall be engaged in such production/processing at any one time.
(18)
Machine tool sales, rental or service.
(19)
Commercial storage buildings providing space for rent.
(20)
Business service establishments, including, but not limited to, accounting, computer services and repairs, and consulting.
(21)
Veterinary animal clinics or offices with interior operations only.
(22)
Restaurant not serving alcoholic beverages.
(23)
Recreation and amusements facility.
(24)
Bed-and-breakfast establishment.
(25)
Other business uses which, in the opinion of the Zoning Board of Appeals, are similar in nature and scale to those permitted above.
C.
Permitted accessory uses:
(1)
All accessory uses permitted in the AR District shall also be permitted in the B District.
(2)
Private garages and storage buildings which are necessary to store any vehicles, equipment or materials on the premises and which are used in conjunction with a permitted business use.
(3)
Off-street parking, loading and unloading facilities, signs, fences and landscaping subject to the provisions of this chapter.
(4)
Restaurants, cafeterias, swimming pools, newsstands, pharmacies, barbershops, hairdressers, gift shops, and other personal service shops for the convenience of guests may be permitted as accessory uses to hotels or motels. With the exception of an identifying sign for the restaurant, no external evidence of such internal commercial activities is permitted.
(5)
Other business uses which, in the opinion of the Zoning Board of Appeals, are similar in nature and scale to those permitted above.
D.
Uses requiring a special permit issued by the Planning Board (subject to special permit use regulations, Article VII):
(1)
Animal hospital (with outdoor facilities).
(2)
Drive-in business.
(3)
Essential services and utilities.
(4)
Excavation or mining.
(5)
Kennel or animal hospital (with outdoor runs or other facilities).
(6)
Manufactured home park.
(7)
Motel or hotel.
(8)
Motor vehicle, manufactured housing, or boat sales.
(9)
Motor vehicle service station or auto repair shop.
(10)
Multiple-family dwelling or development.
(11)
Public and semipublic buildings or uses.
(12)
Recreation or amusement enterprise.
(13)
Retail fuel outlet.
(14)
Restaurants and/or taverns serving alcoholic beverages.
(15)
Any other use which, in the opinion of the Planning Board, is similar in nature and effect to the special use permits prescribed in this section.[1]
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
E.
Other provisions and requirements.
(1)
Buffer strip. Commercial structures shall provide a natural buffer strip to be perpetually maintained so as to provide visual screening and separation between commercial and residential uses.
(2)
Refuse containers. Commercial structures shall provide a commercial-type refuse container on site. Such containers shall be placed on concrete or stone areas and visually screened, and shall provide rodent control.
(3)
Residential lot line. No commercial structure shall be permitted within 50 feet of the nearest lot line of any residential district.
(4)
Off-street parking, loading and unloading facilities shall be subject to the provisions of §§ 350-30 and 350-31 of this chapter.
(5)
Signs shall be subject to the requirements of § 350-29.
F.
Specifications.
(1)
Setback requirements:
(a)
Front: 75 feet (measured from right-of-way line).
(b)
Side: 15 feet.
(c)
Rear: 50 feet.
(2)
Minimum lot width: 200 feet.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(3)
Maximum height: 35 feet.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(4)
Minimum lot size: 40,000 square feet.
(5)
Maximum building coverage: 35%.
§ 350-25 Light Industrial District (LI).
A.
Purpose. The purpose of the Light Industrial District is to provide for light manufacturing, assembly and storage type facilities.
B.
Permitted uses:
(1)
Agriculture.
(2)
Scientific research or experimental development of materials, methods or products, including engineering and laboratory research.
(3)
Administrative, educational and other related activities and facilities in conjunction with a permitted use.
(4)
Manufacture or assembly of electric, electronic or optical instruments or devices.
(5)
Manufacturing, assembling, fabricating or packaging of products from previously prepared materials such as cloth, plastic, paper, leather, precious or semi-precious metals or stone.
(6)
Agricultural product processing, including manufacturing of food products, pharmaceuticals and the like, but not including the production of fish, meat or dairy products, or fermented foods such as sauerkraut, vinegar, or the like, or the rendering of fats and oils.
(7)
Precision uses which, in the opinion of the Zoning Board of Appeals, are similar in nature and scale to those permitted above.
(8)
Commercial storage buildings providing space for rent.
(9)
Warehousing and distribution facilities, including agricultural product distribution centers.
(10)
Other uses which, in the opinion of the Zoning Board of Appeals, are similar in nature and scale to those permitted above.
C.
Permitted accessory uses:
(1)
Private garages and storage buildings which are necessary to store any vehicles, equipment or materials on the premises and which are used in conjunction with a permitted use.
(2)
Off-street parking, loading and unloading facilities and signs, fences and landscaping subject to the provisions of this chapter.
(3)
Other business uses which, in the opinion of the Zoning Board of Appeals, are similar in nature and scale to those permitted above.
D.
Uses requiring a special permit issued by the Planning Board (subject to special permit use regulations, Article VII):
(1)
Adult entertainment uses.
(2)
Junkyards, auto wrecking, and dismantling yards.
(3)
Telecommunications facility.
(4)
Any other use which, in the opinion of the Planning Board, is similar in nature and effect to the special use permits prescribed in this section.[1]
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
E.
Provisions and requirements.
(1)
Residential uses shall be prohibited except for a caretaker's residence on site.
(2)
All assembly, research, engineering, administration, storage and other related activities shall be conducted wholly within enclosed buildings.
(3)
Incidental storage out of doors may be permitted, provided that such materials are shielded from view from public streets and adjacent off-street parking areas by fencing, landscaping or other appropriate measures.
(4)
At no time shall any use result in or cause dissemination of dust, smoke, smog, observable gas, fumes, odors, radiation or other atmospheric pollution, objectionable noise, glare or vibrations or hazard of fire or explosive or any other physical hazard to any adjacent buildings or to any plant growth or any land adjacent to the site.
(5)
The architectural treatment and general appearance of all buildings and grounds shall be in keeping with the purpose of this district and shall be of such quality and design as to be a visual asset to the area in which they are located as well as to adjacent development.
(6)
All uses permitted shall set aside not less than 20% of the lot area to be devoted to seeding, planting, retention of tree cover, or other landscaping. This area shall be used for no other purposes.
(7)
Each use shall provide truck loading and unloading areas in an amount sufficient to permit the transfer of goods and products in other than a public street, off-street parking area or front yard. Off-street loading facilities shall be subject to the additional provisions of § 350-31 of this chapter.
(8)
Industrial structures shall be located so as to be a minimum of 75 feet from any nonindustrial district. A natural buffer strip shall be placed and maintained so as to provide visual screening and separation between industrial and nonindustrial uses.
(9)
Parking areas may be located in any of the required yard areas, provided they are not less than 50 feet from a right-of-way line or 30 feet from any other property line.
(10)
Signs shall be permitted pursuant to the regulations in § 350-29 of this chapter.
F.
Specifications.
(1)
Setback requirements:
(a)
Front: 75 feet (measured from right-of-way line).
(b)
Side: 50 feet.
(c)
Rear: 50 feet.
(2)
Maximum height: 35 feet.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(3)
Minimum lot width: 200 feet.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(4)
Minimum lot size: one acre.
(5)
Maximum building coverage: 35%.
G.
Prohibited uses:
(1)
Acetylene gas manufacture.
(2)
Oxygen manufacture.
(3)
Celluloid manufacture.
(4)
Disinfectant or insecticide manufacture.
(5)
Asphalt manufacture or refining.
(6)
Coal or tar distillation, including manufacture or treatment.
(7)
Boiler making.
(8)
Steel furnace manufacture.
(9)
Blooming or rolling mill.
(10)
Soap manufacture.
(11)
Chorine or hydrochloric, nitric, picric or sulfuric manufacture.
(12)
Smelting of copper, tin, zinc, lead or iron ores.
(13)
Manufacture of explosives, storage of explosives in bulk.
(14)
Glue, size or gelatin manufacture where the process includes the refining or recovery of products from fish or animal refuse or offal.
§ 350-26 Planned Industrial/Commercial Development District (PD).
A.
Purpose. The PD Planned Industrial/Commercial Development District has been designed to encourage commercial and industrial development which conforms to a coordinated site development plan for a relatively large area. Such development should represent the most efficient and productive use of the land area so zoned. Individual uses permitted in this zone shall be designed and constructed so as not to preclude further industrial or commercial development within the PD Zoning District.
B.
Objectives.
(1)
The proposed industrial and/or commercial development shall be in harmony with the general purpose, goals and objectives of the Comprehensive Plan and this chapter.
(2)
The proposed development shall comply with all applicable regulations of this chapter except as modified by the authority of this section.
(3)
The proposed development shall not have a substantial adverse effect upon adjacent properties, utility facilities, traffic conditions and other matters that would affect the public health, safety and general welfare.
(4)
The proposed development shall be constructed, arranged and operated so as to not interfere with the development and use of neighboring properties.
(5)
The proposed development shall be adequately served by essential public facilities and services, such as, but not limited to, sanitary sewers, public water supply, stormwater drainage facilities and highway capacity.
(6)
The proposed development shall make appropriate provisions for the preservation of trees, streams, wetlands, natural topography and geological features and the prevention of soil erosion.
C.
General requirements.
(1)
All industrial and commercial uses permitted in the I Industrial and B General Business Zoning Districts are permitted in this district, except for residential uses.
(2)
Accessory uses permitted in the commercial and industrial district are permitted as accessory uses in the PD District.
(3)
The minimum area required for a planned development shall be 20 contiguous acres of land. However, if an applicant can demonstrate that the characteristics of the property proposed for such use can meet the objectives of this section, projects with less acreage will be considered.
(4)
Where an applicant proposes the use of a portion of the site as common property, satisfactory arrangements shall be made for the improvement, operation and maintenance of such common property and facilities. For the purpose of this section, the term "common property" shall be defined as a parcel of land, together with improvements thereon, the use and enjoyment of which is shared by the owners and occupants of the planned development.
(5)
Individual buildings within a planned development shall be related to each other in design, mass, materials, placement and connections to provide a visually and physically integrated development.
(6)
Utility lines providing electric, telephone, television or other services shall be installed underground.
(7)
Permitted use: single-family residences constructed before 1997.
[Added 2-10-2010]
D.
Application procedures. Approval of a planned development shall be made by the Town Board, following review and recommendation from the Planning Board.
(1)
Planning Board review. The applicant shall meet with the Planning Board to describe the intent of the proposed development, to discuss design and development objectives and to submit a concept plan which depicts the manner in which the proposed project is to be developed. At this meeting, the applicant shall describe how the proposed development would be integrated with neighboring land uses, community features and public facilities and services. The concept plan shall be to scale and shall include the following information:
(a)
The principal physical characteristics of the site, including an analysis of the soils and subsoils and the location of major stands of trees, streams, floodplains and rock outcropping.
(b)
The topography of the site with contour intervals of not more than five feet of elevation; areas of the site where grades exceed 3%; portions of the site with a moderate to high susceptibility to erosion, flooding or ponding; and a preliminary grading plan with five-foot contour intervals.
(c)
An analysis of the relationship of the site to the surrounding community, including significant parcels of vacant land and the character of nearby built-up areas.
(d)
A conceptual site development plan which presents a proposed lotting pattern, including the number and general sizing of individual lots; estimates of vehicular traffic volumes to be generated; a suggested internal street system, suggested sidewalks and circulation flows; a description of how the site will be tied to the existing street and pedestrian network; estimated demands for water and sewer services; a suggested layout of water, sanitary sewer and storm sewer facilities with proposed points of interconnection to existing systems; and the proposed stormwater drainage system and its relation to existing systems.
(e)
A generalized description of how the site is to be buffered from adjacent areas. This shall include the retention of existing trees as well as new plantings to accomplish this objective.
(f)
A description of the manner in which areas that are not proposed to become publicly owned are to be maintained, including, but not limited to, open space, streets and lighting.
(g)
If the development is expected to be phased, a general description of the phasing plan, including the anticipated time frames for development.
(h)
A description of any covenants, grants of easements or other restrictions proposed to be imposed upon the use of the land, buildings or structures, including proposed easements for public utilities.
(i)
A written statement by the applicant setting forth the reasons why, in his opinion, the proposed rezoning would be advantageous to and in the best interests of the Town of Barre.
(j)
An environmental assessment form (EAF) or a generic draft environmental impact statement (DEIS) to comply with the State Environmental Quality Review Act (SEQR).[1]
[1]
Editor's Note: See Environmental Conservation Law § 8-0101 et seq.
(k)
Any other information or documentation which the applicant deems necessary to support his application.
(2)
Planning Board report. Within 60 days of the receipt of a complete application, the Planning Board shall review the concept plan and supporting documents and provide a written report to the Town Board. The Planning Board shall hold a public hearing on the concept plan to assist it in the preparation of its report. If no report has been rendered within the sixty-day period, unless such time limit has been extended by formal action of the Planning Board, the applicant may proceed on the basis that the report is favorable. The Town Board shall be so informed on this matter.
(a)
A favorable report from the Planning Board shall be based on the following findings which shall be included as part of the report:
[1]
The proposal implements the goals and policies of the Comprehensive Plan of the Town of Barre.
[2]
The concept plan meets all of the requirements of this chapter.
[3]
The proposal is conceptually sound in that it meets a community need and conforms to accepted design standards for the proposed roadway system, land use configuration, open space and drainage systems.
[4]
Adequate services and utilities are available or proposed to be made available in order to properly serve the proposed development.
(b)
An unfavorable report shall state clearly the reasons therefor and, if appropriate, point out to the applicant the conditions under which a favorable report may be issued.
(3)
Town Board consideration. Upon receipt of a report from the Planning Board, the Town Board shall consider the application for the Planned Development and may establish a date for and conduct a public hearing for the site plan as provided by Town Law.
(4)
Final site plan approval. In the approval of the site plan, the Town Board may establish a maximum aggregate gross floor area for all buildings in the district and may, if it feels it necessary in order to fully protect the public health, safety and welfare of the community, attach to its resolution additional requirements for the applicant to meet. Such requirements may include, but shall not be limited to: visual and acoustical screening; the order of construction and/or occupancy; vehicular and pedestrian circulation systems; protection of natural resources; and other physical or community needs.
§ 350-27 Flood Hazard Overlay Zone (F).
A.
The Zoning Map indicates approximate boundaries of the Flood Hazard Overlay Zone. The exact legal boundaries of the flood hazard area is depicted on the official FIRM Maps and Flood Boundary Floodway Map prepared by the Federal Emergency Management Agency (FEMA).
B.
Such areas shall be subject to the provisions of all applicable Town of Barre local laws in addition to the use regulations and other provisions of this chapter.[1]
[1]
Editor's Note: See also Chapter 175, Flood Damage Prevention.