Brutus Town City Zoning Code
ARTICLE IV
District Use Regulations
§ 125-8 Applicability.
Except as provided by law or in this chapter, in each district, no building, structure or land shall be used or occupied except for the purposes permitted in §§ 125-10 through 125-14 and for the zoning districts so indicated.
Uses are subject to all applicable regulations of this chapter, other local laws and state and federal laws.
§ 125-9 Applicability of other provisions.
Uses permitted by right or by special permit shall be subject, in addition to use regulations, to such regulations of yard, lot size, lot width, building area, provisions for off-street parking and loading and to such other provisions as are specified in other Articles herein.
§ 125-10 R Residential District.
The following uses are permitted within the R Residential District:
Agricultural tilling of the soil.
One-family detached dwelling on a separate lot and occupied by not more than one family.
Two-family detached dwelling on a separate lot, the total lot area not being less than the minimum lot required per family for the district.
Conversion of one-family dwellings to two-family dwellings; upon completion of the conversion, the converted dwelling shall meet all requirements of this chapter applicable to two-family dwellings.
Multiple-family dwellings. The following regulations shall apply to all multiple-family dwellings:
Multiple-family dwellings shall include apartment buildings, townhouses and condominiums and accessory structures, provided that such structures do not include any business activity.
Lot sizes and yards for multiple-family dwellings. Every lot shall meet the following minimum requirements.
Width of dwelling unit: 16 feet.
Distance between buildings: 40 feet.
Front yard depth: 35 feet.
Rear yard depth: 40 feet.
Units per building (maximum): 10.
Size parcel under development: three acres.
Side yard width: 30 feet.
Open space.
At least 3.7 square feet of lot area per one square foot of living area shall be open space.
Open space is the total horizontal area of all uncovered open space. Covered open space is exterior space that is open on its sides to the weather but not open above to the sky and weather, such as roofed porches, roofed carports and covered balconies.
Recreation space.
At least 0.18 square feet of lot area per one square foot of living area shall be recreation space.
All recreation space counted shall be at least 20 feet away from any residential wall containing a window on the ground floor and shall have at least 100 feet for each dimension, except that an area of lesser dimension is countable if the total required recreation space is less than 10,000 square feet.
Recreation facility owned or operated by an agency of the Town or other government.
Governmental buildings.
Fire stations.
Renting of rooms in a dwelling, without separate cooking facilities for not more than three lodgers.
Noncommercial greenhouses.
Tool sheds.
Private garages.
Swimming pools, subject to the following provision: Every outdoor inground pool shall be completely surrounded by a fence not less than four feet in height.
Fences or walls, where agricultural use does not exist on the property, subject to the following provisions:
[Amended 9-11-2006 by L.L. No. 3-2006]
Fencing shall be uniform in design, of natural material or chain link, with the finished side of the fence facing the adjoining properties. No fence or wall shall be of the masonry type.
Fencing shall be installed at the outside perimeter of the property line at a minimum of six inches inside the property line. Fencing may be no more than 48 inches high in the front yard and no more than 72 inches high at the rear and side yard property lines.
At all street intersections, there is to be no obstruction of any kind that will interfere with the sight distance(s) of vehicular traffic and it must meet the visibility requirement of § 125-30.
In circumstances other than the above, the placement, along with the restrictions imposed for an intended fence project, shall be determined by the Town of Brutus-Village of Weedsport Joint Planning Board.
Special permit uses shall be as follows:
Churches, parish houses, convents and other housing for religious personnel, subject to the following provisions:
Religious sectarian and nonsectarian, denominational, private or public schools not conducted as a private gainful business, subject to the following provisions:
Libraries.
Home occupations.
Television dishes.
Golf courses and country clubs (excluding driving ranges and miniature golf courses), subject to the following provisions:
Nursery school buildings.
Day-care center buildings.
Lot sizes and yards for the R District. Every lot shall comply with the following:
Uses prohibited. All other uses shall be prohibited.
§ 125-11 A-R Agricultural-Residential District.
[Amended 1-16-1989 by L.L. No. 1-1989; 6-10-1991 by L.L. No. 1-1991; 9-9-1991 by L.L. No. 2-1991; 9-11-2006 by L.L. No. 3-2006; 4-8-2013 by L.L. No. 1-2013; 4-14-2014 by L.L. No. 2-2014]
Intent. The Agricultural-Residential District (A-R) established in this section is designed to provide adequate and appropriate sites within the municipality to accommodate facilities involved in farming and provide areas for persons wishing to reside on large lots in a rural area. The primary land use in this zoning district is agriculture. Within the district, any agricultural practice determined to be a sound agricultural practice by the New York State Commissioner of Agriculture and Markets pursuant to Article 25-AA, § 308, including but not limited to practices necessary for on-farm production, preparation and marketing of agricultural commodities, such as the operation of farm equipment; proper use of agricultural chemicals and other crop protection methods; direct sale to consumers of agricultural commodities or foods containing agricultural commodities produced on farm; and construction and use of farm structures, shall not constitute a private nuisance. The goals of these provisions are to:
Maintain and promote agriculture and its related activities such as agricultural tourism;
Preserve open space and farmland;
Maintain both an agricultural heritage and a rural character;
Accommodate rural residential development in a manner that complements farming activity and contributes to the maintenance of the rural character of the zone;
Protect and buffer abutting districts and properties within the district by establishing setbacks, limiting on-street loading/unloading areas and parking, and establishing landscape screening provisions;
Protect the character of the area and established patterns in adjacent development, thereby maintaining land values and protecting the municipality's tax revenues.
Permitted uses. No building or premises shall be used, and no building or part of a building erected which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following:
Agriculture and agricultural activities as defined in Article II of this chapter, including usual farm buildings and structures, but excluding rendering plants;
Agricultural tourism as defined in Article II of this chapter. The following agricultural tourism uses are permitted only by special permit:
Equestrian facility;
Forest management and other forest resource uses, including the harvesting of timber;
Game farms, fish hatcheries and fishing reserve;
Produce stands, including movable or temporary structures for the sale of agricultural products grown principally by the operator during the harvest season;
Veterinary offices or hospitals;
Hunting preserves, lodges, or clubhouse;
Golf courses and driving ranges;
Research facilities dedicated to research in agriculture or animal husbandry;
Retail sales of machinery, products, supplies, or produce accessory to agricultural operations. In addition to the review criteria generally applicable to uses allowed in this section by special permit, the following additional requirements shall apply:
No more than three acres, inclusive of building, parking, driveways, well, septic system and other ancillary facilities, be dedicated to the use;
No outside storage other than temporary daytime-only display of products, unless:
The nature of the business generally requires outside storage;
There is adequate space on the lot for the proposed storage;
The premises are screened or otherwise buffered so that the outside storage does not adversely impact the neighboring properties; and
The proposed outside storage will not adversely affect the character of the surrounding neighborhood.
Cemetery and the buildings and structures incident thereto;
Any municipal or public utility purpose necessary to the maintenance of utility services;
Fire station or other public building necessary to the protection of or the servicing of the neighborhood;
Commercial dog kennels. In addition to the generally applicable standards applicable to structures, no wholly or partly nonresidential structure housing dogs shall be closer than 150 feet to any lot line;
A one-family dwelling on a separate lot;
Uses allowed by special permit. No building or premises shall be used, and no building or part of a building erected which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following which are allowed upon issuance of a special permit:
Conversion of an existing one family dwelling to a two family or multifamily dwelling; upon completion of the conversion, the converted dwelling shall meet all requirements of the Brutus Zoning Law applicable to two family and multifamily dwellings.
Church or other places of worship, convent and parish house.
Radio, television, telecommunication, microwave, satellite or other electronic transmission facility operated pursuant to a license from the Federal Communications Commission or any successor federal or state agency. In addition to the review criteria generally applicable to uses allowed in this section by special permit, the following additional requirements shall apply:
The applicant shall demonstrate that the proposed facility cannot co-locate with an existing transmission facility.
Mining.
In addition to the review criteria generally applicable to uses allowed in this section by special permit, the following additional requirements shall apply:
The applicant must provide a site plan that illustrates the locations of the various elements of the operation, and the site plan shall be approved by the reviewing agency;
The applicant shell demonstrate that the appropriate New York State authorities (DEC or other regulatory body) have approved a reclamation plan and that any required financial security for the performance of the reclamation plan has been provided to the State of New York;
There shall be a buffer area of at least 100 feet around the perimeter of the mined area. The buffer shall be placed between the mined area and any surrounding property. Such buffer shall be of natural vegetation, plantings, berms, fences, or other screening as deemed reasonable by the reviewing agency to minimize the auditory and visual impacts of the mining operations on surrounding properties;
A fill permit shall be obtained in accordance with the fill permit requirements of this chapter before commencement of any mining operations;
Hours of operation shall be limited to business days (days other than weekends and holidays) from 7:00 a.m. to 6:00 p.m. local time unless the applicant demonstrates that special circumstances exist which compel that the times be extended.
Notwithstanding the foregoing, if the material to be mined is soil, gravel, or other similar types of fill, up to 50 cubic yards of such product may be mined in any one calendar year without a permit. If more than 50 cubic yards but not more than 250 cubic yards in any one year are being mined, a permit may be issued by the Code Officer of the Town upon demonstration of compliance with the requirements of this section applicable to this scale of mining. In all other cases, the special permit shall be obtained as set forth above.
Accessory uses. The following are uses that are accessory or subordinate to the principal permitted use and are permitted as such, subject to dimensional or other standards set forth elsewhere in this chapter:
Noncommercial greenhouses;
Parking lots and driveways;
Refuse containers;
Private garages and similar storage facilities for vehicles;
Outdoor storage and tool sheds;
Swimming pools and other private recreational facilities for the use of the property occupant;
Fences and walls;
Home occupations.
Lot requirements. Facilities or uses located in the Agricultural-Residential District are subject to the following conditions:
Minimum lot area. The minimum lot area is 50,000 square feet.
Maximum lot area. The maximum lot area for a one-family dwelling is 100,000 square feet.
Minimum lot width and depth. The minimum lot width and depth requirement for each lot is 200 feet.
Setbacks. The minimum setback from all side and rear lot lines is 25 feet; the front lot line setback is 75 feet.
The minimum foundation area is 900 square feet.
The minimum foundation length is 24 feet.
General requirements. The following requirements have general applicability to all uses in the A-R Zone:
Maximum building height. No part of any building intended for human habitation shall be erected to a height greater than 35 feet measured from natural grade at the building site.
Open space. At least 25% of the site shall be devoted to usable open space.
Parking. All uses must provide on-site parking facilities in accordance with the parking standards of this chapter or standards specifically applicable to a use allowed by this section by special permit. No on-street parking will be permitted.
Signage. All building and on-site signage must comply with the regulations of the Town of Brutus regulating signage.
Design and layout limitations on subdivisions of parent tracts that form two or more new lots.
In order to protect agricultural uses, to preserve the agricultural value of land, to provide for the retention of tracts of sufficient size to be used reasonably for agricultural purposes, and to preserve the open space qualities of the Town, creation of nonfarm lots and the subdivision of farm parcels from parent tracts, when considering design alternatives and limitations, the Planning Board may discuss and if appropriate require alternative designs with the developer that include the clustering of the lots as part of the subdivision approval process of the Planning Board as a condition to granting any subdivision approval. In determining the design of the subdivision, in addition to any requirements set forth in the subdivision regulations[1] of the Town of Brutus, the following criteria should be applied:
Lots should avoid, to the extent practicable, prime agricultural soils, defined as Class I and Class II by the USDA Natural Resources Conservation Service or similar or successor agency;
Lots should not interfere with natural drainage patterns;
To the extent reasonably possible, subdivisions shall be approved in a manner that maintains the largest amount of contiguous acreage for open space or agricultural use;
The size or shape of land maintained for open space or agricultural use shall be of a size and shape suitable for the efficient use of farm machinery;
Buffers (also known as perimeter strips) should be included in residential subdivisions as a means of reducing the likelihood of conflicts with nearby farm operations. Buffers shall be in compliance with § 125-31.1E(10) of the Brutus Zoning Law;
The Planning Board, as a condition of granting subdivision approval, shall require, unless good cause is shown for omission of same, the developer to encumber the larger tracts by deed restrictions, conservation or agricultural easements, or other mechanism satisfactory to the Planning Board, to ensure that such parcels shall remain permanently as open space or agricultural land.
In order to undertake the analysis required by this section, the Planning Board may require the applicant to delineate a building footprint on the subdivision plan. Said building footprint shall be the only portion of the proposed lot where structures are permitted.
The Planning Board shall refer any proposed subdivision, zoning change, special permit or other matter that requires an Ag Impact Statement per NYS Agriculture and Market Laws § 305-a to the Town of Brutus Agricultural Advisory Committee for comment.
Special permit requirements.
When reviewing a use subject to a special permit in the A-R Zone, in addition to the generally applicable special permit standards (§ 125-88), the following criteria shall be applied:
In order to protect agricultural uses, to preserve the agricultural value of land, and to preserve the open space qualities of the Town, as part of the special approval process of the Planning Board as a condition to granting any approval will apply the following criteria:
Structures and activity should not interfere with natural drainage patterns;
Buffers should be required as a means of reducing the likelihood of conflicts with nearby farm operations. Buffer distances will be decided on a case-by-case basis but should generally be between 30 feet and 100 feet wide. Further mitigation measures may be considered, including the reduction of the size and scale of structures and activities in a manner that provides a more protective buffer.
§ 125-12 R-F Riverfront District.
Large areas of land within this zone are identified as protected wetlands and/or floodplains and therefore are subject to severe developmental limitations. Proximity to the Seneca River offers the opportunity to establish recreational activities which can benefit the general public. These benefits are only derived when development is sensitive to the natural environment in which it is established. It is the intent of this section of the Zoning Law to ensure compatibility between development and the environment.
Uses permitted in this zone shall be those permitted within the A-R District. Uses allowed by special permit within this zone shall be those allowed by special permit within the A-R District and the following uses which are dependent upon access or proximity to the river:
Private clubs and joint access areas, a joint access area being a single parcel of land cooperatively owned for the purpose of obtaining access to the Seneca River for recreation.
Lot sizes and yards for the R-F District. Generally, the lot size and yard requirements for uses established within this district shall be those established within the A-R District. However, the following specific criteria are established to safeguard the river environment:
All marine uses, private clubs or joint access areas and seasonal lodging established under permitted uses above, with river frontage, shall have no less than 200 feet of frontage upon the river.
Irrespective of the minimum lot size set forth in this chapter, all uses established within this district shall demonstrate that the lot size upon which the use shall occur is sufficiently large to permit any above- or inground structures to be placed outside the boundaries of protected wetlands or floodplains or to allow the appropriate development techniques to minimize or prevent damage to structures and impacts on wetland/floodplain areas. In no case shall the presence of protected wetlands or floodplains be deemed a hardship for the purpose of granting an area variance, since it is presumed that all lands within this district are affected by such limiting environmental factors.
§ 125-13 C-I Commercial - Light Industrial District.
The following uses are permitted in the C-I Commercial - Light Industrial District:
Agriculture and agricultural activities as defined in Article II of this chapter, including usual farm buildings and structures, but excluding rendering plants, and agricultural tourism as defined in Article II of this chapter. The following agricultural tourism uses are permitted only by special permit:
[Amended 4-8-2013 by L.L. No. 1-2013]
Commercial greenhouses.
Public buildings owned or operated by the Town government.
Libraries.
Professional or business offices.
Beauty parlors.
Banks.
Stores and shops for the retail sale of merchandise.
Restaurants.
Drive-in facilities.
Sales or rental of large items requiring outdoor display for sales and storage, including but not limited to trailers, boats, snowmobiles, all-terrain vehicles and farm machinery, subject to the following provisions:
[Amended 9-9-1991 by L.L. No. 2-1991]
Utility stations, substations, pumping stations and telephone exchanges.
Fire stations.
Wholesale business and storage in an enclosed structure.
Laboratories: research, testing or experimental.
Contractor offices and shops.
Noncommercial greenhouses.
Tool sheds.
Private garages.
Swimming pools, provided that they meet the requirement listed under permitted uses of the R District.
Special permit uses shall be as follows:
Gasoline service stations and public garages, subject to the following additional requirements:
All activities except those required to be performed at the fuel pumps shall be performed within a completely enclosed building.
Fuel pumps may be located within the front yard, but shall be at least 20 feet from any street line.
All automotive parts, dismantled vehicles and similar articles shall be stored within a building.
Motels, subject to the following provision: The minimum lot size shall be three acres.
Hotels, subject to the following provision: The minimum lot size shall be three acres.
Light manufacturing, including but not limited to the production, processing, testing and distribution of materials, foods, foodstuffs and products.
Motor vehicle sales, service and repair.
Car washes.
Commercial and industrial equipment sales and service.
Lumber yards, building supply and construction equipment.
Private indoor and outdoor recreation facilities.
Adult uses.
[Added 9-9-2002 by L.L. No. 2-2002]
Purpose. It is recognized that buildings and establishments operated as adult uses have serious objectionable operational characteristics. In order to promote the health, safety and general welfare of the residents of the Town of Brutus, this local law is intended to restrict adult uses to commercial-light-industrial-zoned areas of the Town. The Town Board hereby finds that the operational characteristics of adult uses and the secondary effects of adult uses increase the detrimental impact on a community when such uses are spread throughout the community. The Town Board finds that, based upon common knowledge and experience and studies conducted by other municipalities (including but not limited to Syracuse, New York; Kansas City, Missouri; Bergen, New York; Scotia, New York; Dryden, New York; and Ellicottville, New York), the adult uses sought to be regulated by this local law have been associated with criminal and other socially undesirable behavior, such as disorderly conduct, prostitution, pornography, drug trafficking and substance abuse, which have the resulting effects of depressing property values in the surrounding neighborhood and increasing the burden upon law enforcement personnel and municipal expenditures. Therefore, this local law is intended to promote the health, safety and general welfare of the residents of the Town of Brutus by regulating the concentration and location of such adult uses. This local law has neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials; similarly, it is not the intent or effect of this local law to restrict or deny access by the distributors and exhibitors of adult entertainment and/or sexually orientated entertainment to their intended market; neither is it the intent nor effect of this law to condone or legitimize the distribution of obscene material.
Restrictions.
No adult use shall be allowed or permitted in any zoning district of the Town, except a Commercial-Industrial District. All adult uses shall comply with the applicable provisions of the Code, including those relating to structures and uses permitted in a Commercial-Industrial District.
In addition, no person shall construct, establish, operate or maintain, or be issued a certificate of occupancy for, any adult use with the Town unless such use meets the following standards:
No more than one adult use shall be allowed or permitted on any one lot.
No adult use shall be allowed or permitted on a lot that is closer than 1,000 feet to:
A lot on which there is another adult use;
Any Residential District, Agricultural-Residential District, River Front District or Special Development District;
Any property that is utilized, in whole or in part, for residential purposes;
Any church or other regular place of worship, community center, funeral home, library, school, nursery school, day-care center, hospital or public park, playground, recreational area or field;
Any public buildings; and
Any hotels or motels.
Where there is a conflict between the regulations as provided in this Subsection B(11) and any other law, rule or regulation of the Town, including the Code, the most restrictive law, rule or regulation shall apply.
All distances set forth herein shall be measured from lot line to lot line.
Observation from public way prohibited. No adult use shall be conducted in any manner that permits the observation of any material depicting or relating to specified sexual activities or specified anatomical activities from any public way or from any other lot, including but not limited to any lighting, display, decoration, poster, photograph, video, sign, show, doorway, window, screen or other opening.
Uses prohibited. All other uses shall be prohibited.
Lot sizes and yards. Every lot shall comply with the following:
§ 125-13.1 Industrial District.
[Added 3-12-2008 by L.L. No. 3-2008]
Intent. The Industrial District established in this section is designed to provide adequate and appropriate sites within the municipality to accommodate facilities involved in: assembling, disassembling, repairing, fabricating, finishing, manufacturing, packaging or processing operations of an industrial nature; research and development operations; and shipping and receiving operations. The general goals include, among others, the following specific purposes:
To provide a planned district for all types of assembly plants, factories, manufacturing plants, mills, warehouses, truck depots and transfer stations, and processing plants.
To protect and buffer abutting districts by establishing setbacks, limiting on-street loading/unloading areas and parking, and establishing landscape screening provisions.
To control development so as to minimize the danger of fires, explosions, toxic and noxious matter, radiation, offensive noise, vibration, smoke, odor and other objectionable influences or hazards.
To protect the character of the area and established patterns in adjacent development, thereby maintaining land values and protecting the municipality's tax revenues.
Permitted uses. No building or premises shall be used, and no building or part of a building erected which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following:
Appliance, tool and die or metal fabrication;
Canneries, food processing, sugar refineries;
Manufacturing, processing, or assembling of products or materials;
Paper mills and products;
Warehousing or storage of goods for distribution;
Trucking, bus or other transportation terminals and transfer stations;
Research, development and testing of products;
Storage, repair and dispatch of large equipment, including construction equipment, farm equipment and similar equipment;
Energy production facilities;
Other industrial uses similar to those enumerated above;
Retail sales of products produced by or associated with the principal use of the site, including a factory outlet store for the sale of items produced on site or associated with items produced on site.
Accessory uses. The following are uses that are accessory or subordinate to the principal permitted use and are permitted as such:
Lot requirements. Facilities or uses located in the Industrial District are subject to the following conditions:
General requirements.
Maximum building height. No part of any building shall be erected to a height greater than 35 feet, measured from natural grade at the building site.
Open space. At least 35% of the site shall be devoted to usable open space.
Parking. All facilities must provide for on-site parking facilities. No on-street parking will be permitted. All parking lots must feature landscaped islands and, if adjacent to the public right-of-way, landscaped and grassy areas at least 20 feet in depth measured from the edge of the right-of-way.
Accessory buildings. Accessory buildings are permitted where required for the function of the principal use(s). Accessory buildings must comply with all setback and screening requirements.
Truck loading. Truck loading and unloading must be confined to on-site areas. All loading and unloading areas shall utilize a landscape buffer from an adjoining district.
Equipment. All equipment, electrical substations and mechanical devices shall utilize a landscape buffer from an adjoining district.
Storage. All outdoor storage of goods or materials shall utilize a landscape buffer from an adjoining district.
Signage. All building and on-site signage must comply with the regulations of the Town of Brutus regulating signage.
Utilities. Sites shall have access to adequate electric, natural gas, water, sewer and telecommunications facilities.
A minimum twenty-foot vegetative buffer adjacent to state or county trails shall be established by the applicant.
§ 125-13.2 Commercial District.
[Added 12-12-2011 by L.L. No. 2-2011]
Intent. The Commercial District established in this section is designed to provide adequate and appropriate sites to accommodate certain facilities involved in retail trade and commerce or service-type transactions within the municipality. The general goals include, among others, the following specific purposes to:
Provide a planned district where retail sales, food services, or other services that involve stocks of goods, wares or merchandise are provided for the community as a whole;
Protect and buffer abutting districts by establishing setbacks, limiting on street loading/unloading areas and parking, and establishing landscape screening provisions;
Guide development which will minimize the danger of fires, explosions, toxic and noxious matter, radiation, offensive noise, vibration, smoke, odor, and other objectionable influences or hazards;
Promote the most desirable use of the land, maintain land values, and protect municipal tax revenues.
Permitted uses. No building or premises shall be used, and no building or part of a building shall be erected which is arranged, intended, or designed to be used, in whole or in part, for any purpose except for the following:
Antique store.
Appliance store;
Artists' studios, art store;
Bakery, confectionery shop, ice cream shops, and coffee shop;
Bank, savings, loan, and finance office;
Barber and beauty shop;
Books, magazines and newspapers store;
Clothing, clothing accessories and yard goods store;
Computer sales and service;
Drugstore and sundries store;
Dry-cleaning and laundry-collection stations and store;
Department store, furniture and variety store;
Food and beverage establishment;
Gift, stationery and office supply store;
Gasoline filling station;
Hardware, lawn and garden supply store;
Jewelry, optician, luggage shop;
Print shop, post office and packing/shipping service;
Shoe and shoe repair shop;
Supermarket (groceries, meats and baked goods);
Florist shop;
Video rental shop;
Tailor and dressmaking shop;
Administration or professional office;
Real estate or insurance office;
Restaurant;
Theatre, concert or performing arts venue;
Broadcasting studio;
Motor vehicle sales agency, including service and repairs indoors, with outdoor sales, display and storage;
Shop for making articles sold primarily at retail on the premises;
Convenience store;
Gasoline station;
Nursery school and day-care center;
Liquor store;
Fraternal organization and club;
Open stand or market;
Car wash;
Motor vehicle race track;
Fairground;
Indoor and outdoor recreational and/or amusement facility;
Hotel and/or motel;
Shopping center and/or mall (comprehensive development of land to accommodate multiple commercial and/or retail uses in a single or several buildings);
Industrial park (comprehensive development of land to accommodate multiple buildings devoted to industrial activities);
Business park (comprehensive development of land to accommodate multiple business and/or office uses in a single or several buildings);
Other uses similar to those enumerated above.
Prohibited uses. The following uses shall not be allowed in the Commercial District:
Manufacturing and assembly line operation, except those included within an industrial park;
Warehousing or storage of products for distribution except that which is incidental to the business operations, or included within an industrial park;
Automobile junkyards and junk dealer businesses;
The outdoor storage of goods or materials;
Open-sided covered structures or trailers.
Accessory uses. The following are uses that are accessory or subordinate to the principal permitted use and are permitted as such:
Lot requirements. Facilities or uses located in any manufacturing district are subject to the following conditions:
Minimum acreage. The minimum site acreage is one acre; except for shopping centers and/or malls, for which the minimum site acreage is five acres.
Minimum lot width and depth. The minimum lot width and depth requirements for each site are: width 100 feet; depth 100 feet.
Setbacks. The minimum setback from all side and rear lot lines is 25 feet; front lot line setback is 50 feet.
General requirements.
Maximum building height. No part of any building shall be erected to a height greater than 35 feet measured from natural grade at the building site.
Open space. At least 35% of the site shall be devoted to usable open space, including the parking area.
Parking. All facilities must provide for on-site parking; no on-street parking will be permitted; all parking lots must feature landscaped islands.
Accessory buildings. Accessory buildings are permitted where required for the function of the principal use(s); accessory buildings must comply with all setback and screening requirements of this section.
Truck loading. Truck loading and unloading is confined to on-site areas; all loading and unloading areas shall be shielded from view from main roadways.
Equipment. All equipment, electrical substations, and mechanical devices shall be shielded from view from main roadways.
Signage. All building and on-site signage must comply with the municipal ordinances regulating signage.
Utilities. Sites shall have access to adequate electric, natural gas, water, sewerage system, and telecommunications facilities.
All business and service shall be conducted within completely enclosed buildings, except the retailing of motor vehicle, fuels and oils, and open stands or markets.
§ 125-14 S-D Special Development District.
All uses in the S-D Special Development District shall require a special permit issued by the Planning Board after consultation with the Cayuga County Planning Board. All site plans shall be reviewed by representatives of the Cayuga County Soil and Water Conservation District.
[Amended 5-11-2015 by L.L. No. 1-2015]
Special permit uses shall be as follows:
Private indoor and outdoor recreation facilities.
Private indoor and outdoor amusement facilities.
Hotels.
Motels.
Residential parks.
Industrial parks.
Office parks.
Agricultural-Residential District uses as found in § 125-11A, except that raising of livestock, small animals or poultry shall not be permitted.
[Added 4-8-1996 by L.L. No. 1-1996; amended 4-14-2014 by L.L. No. 2-2014]
One-family and two-family dwellings shall be permitted without a special permit but with a zoning permit and building permit as set forth in the Zoning Law.
[Added 4-8-1996 by L.L. No. 1-1996]
Uses prohibited. All other uses shall be prohibited.
Lot sizes and yards. The size of the lot and yards shall be determined by the Planning Board in issuing the special permit.
[Amended 5-11-2015 by L.L. No. 1-2015]