Colden City Zoning Code
ARTICLE X
C Commercial District
§ 108-44 Permitted uses and structures.
Permitted uses and structures for the C Commercial District shall be as follows:
A.
Principal uses and structures.
(1)
Single-family dwelling.
(2)
Church or other places of worship or religious education, parish house, convent, rectory or parsonage.
(3)
Fire station.
(4)
Public library or public museum.
(5)
Elementary or secondary school accredited by the New York State Department of Education.
(6)
Golf course of at least nine holes, miniature golf course and/or practice driving range, including accessory buildings, structures and uses which are necessary or customary to such operations; provided, further, that no buildings or structures shall be less than 100 feet from any street line, road line or any other lot in an R or AG District.
[Added 8-14-1997 by L.L. No. 6-1997]
(7)
Bed-and-breakfast establishments.
(9)
Two-family dwelling, multifamily dwelling or condominium.
(10)
Dwelling group, provided that all buildings are located so as to permit future division of the property into separate lots with minimum area and yard requirements as stipulated in the R-2 District.
(11)
Institution of a religious, charitable or philanthropic nature, provided that such principal buildings shall be at least 50 feet from any other lot in any R or AG District.
(12)
Group home for developmentally disadvantaged, unrelated persons, not to exceed accommodations for eight such persons, subject to side yard requirements for other principal buildings.
(13)
Nursing, custodial or convalescent home subject to side yard requirements for other principal buildings. Penal institutions excluded.
(14)
Preschool, nursery school or day nursery, subject to side yard requirements for other principal buildings.
(15)
Hospital or institution of a rehabilitative or custodial nature. Penal institutions are excluded.
(16)
Tourist home or rooming or boarding house accommodations for up to eight persons.
(17)
Mortuary, funeral or undertaking parlor Crematoria are excluded.
(18)
Real estate or insurance office.
(19)
Art, dance, music, photography and martial arts studios.
(20)
Antique shops and/or art galleries, when conducted entirely within an enclosed building.
(21)
Meeting rooms for private club, lodge or fraternal organization.
(22)
Medical and/or dental buildings, clinics and laboratories.
(23)
Trade or industrial school, provided that such activity is conducted wholly within an enclosed building.
(24)
Other administrative, professional or executive offices.
(25)
Retail sales.
(26)
Personal service establishments, including but not limited to a barbershop, hair salon, shoe repair or health spa or related physical fitness facilities.
(27)
Bank or other financial institution.
(28)
Laundromat or laundry or dry-cleaning pickup stations.
(29)
Theater, bowling alley, skating rink, dance hall, billiard or pool parlor.
(30)
Auditorium or assembly hall.
(31)
Passenger depot or terminal.
(32)
Filling station and/or gasoline station, including convenience stores, subject to Article XIV, Supplemental Use Regulations, of this chapter, and provided that all servicing of vehicles at a gasoline station, except fueling and minor repairs, will be conducted in an enclosed building.
(33)
Hotel or motel.
(34)
Sales and service of cars, vans, trucks and recreational vehicles.
(35)
Eating or drinking establishments.
(36)
Custom shops, including but not limited to printing, electrical, heating, plumbing, welding or woodworking shops.
(37)
Wholesale sales and distribution.
(38)
Commercial car wash.
(39)
Boat or marine sales and service.
(40)
Warehouse, but not including the storage of highly flammable or explosive materials.
(41)
The following uses by special use permit authorized by the Town Board, subject to Article XXII of this chapter relating to the issuance of special use permits:
(a)
Public events.
(c)
Adult bookstores, which shall be prohibited within 1,500 feet of schools, town parks, churches, clubs, organized affairs and entertainment facilities such as ski areas, and areas where children regularly meet and congregate.
[Added 7-9-2009 by L.L. No. 3-2009]
[2]
Editor's Note: This local law renumbered former Subsection A(41) as Subsection A42).
(42)
The following uses, provided that they are conducted within a completely enclosed building or within an area enclosed by a solid wall or solid fence at least seven feet in height:
(a)
Public garage, but not including auto wrecking or the storage of motor vehicles not eligible for a New York State motor vehicle inspection sticker.
(b)
Building materials supply, including incidental millwork.
(c)
Public utility storage, service buildings and yards.
(d)
Small animal hospital.
(e)
Machine and tool sales, rentals and service.
(f)
Storage and sales of solid fuels.
(g)
Storage and sales of feed for livestock.
(h)
Storage and sales of seed and fertilizer.
(i)
Contractor's equipment yard.
(j)
Laboratory engaged in research, testing and experimental work, including any process normal to laboratory practice and technique.
(k)
The manufacture, compounding, assembling or treatment of articles or merchandise. Refuse transfer and storage facilities are prohibited.
(43)
Solar energy conversion systems 25kW or less via unified solar permit.
[Added 2-8-2018 by L.L. No. 2-2018]
B.
Accessory uses and structures customarily incidental to permitted principal uses. Additionally, satellite antennas measuring two meters or less in diameter. Such satellite antennas shall require the issuance of a building permit. All such satellite antennas shall be located to the rear of the front building line of the principal building and, if located in a side yard area, shall conform to side yard requirements.
[Amended 11-6-1997 by L.L. No. 8-1997]
C.
Limitations on permitted uses in the C District.
§ 108-45 Minimum habitable floor area of dwelling.
§ 108-46 Maximum height of buildings.
The maximum height of buildings shall be 35 feet.
§ 108-47 Minimum lot size.
The minimum lot size shall be as specified in this section:
A.
§ 108-48 Required yards.
The minimum required yards and other open spaces shall be as specified in this section:
A.
Front yard: fifty-foot setback from the right-of-way.
B.
Side yards: two required.
(1)
Single- or two-family dwellings: 15 feet without public utilities.
(3)
Three- or more family dwelling: not to exceed three stories in height; minimum side yard: 30 feet from any property line.
(4)
Other principal buildings: Each side yard shall equal 30 feet for a single-story principal building and 45 feet for a two-story principal building.
C.
Rear yard. No rear yard shall have a depth of less than 50 feet measured from the main building or 15 feet measured from an accessory building.
[Amended 5-9-2002 by L.L. No. 1-2002]