Conesus Town City Zoning Code
ARTICLE VII
District Regulations
§ 155-37 Hamlet/Mixed Use District.
A.
Boundaries and purpose. The boundaries are defined by the Town of Conesus Official Zoning Map. The purpose of the expanded Hamlet/Mixed Use District is to recognize those specific areas within the Town where different uses do and can coexist with little or no impact to the neighborhood character. Historically, in those hamlet areas, residential uses were adjacent to small-scale commercial retail/professional uses. The intent is to provide areas within the Town to accommodate the sales and service establishments necessary to serve the residents of the Town while also encouraging the use of existing structures, preserving the historic characteristics of the hamlet areas, and encouraging the design of new construction to be compatible with the existing buildings and neighborhood characteristics.
B.
Permitted uses. In addition to those uses specified in § 155-33, permitted uses shall be as follows, subject to the requirements specified below and elsewhere in these regulations:
(1)
Agricultural/farming uses, including all barns, stables, and accessory buildings necessary to the enterprise.
(2)
Multifamily dwellings per the following restrictions:
(a)
Must be serviced by public sewer and water.
(b)
May be comprised of no more than four units in a single structure.
(3)
In-home day-care facility as defined by Part 390 of the Social Service Law of New York State.
(4)
Day-care center.
(5)
Residential care facilities.
(6)
Funeral home.
(7)
Roadside stands.
(8)
Professional office, service, retail, restaurant.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(9)
Private club, excluding adult uses.
(10)
Veterinary hospital.
(11)
Commercial sales and printing.
(12)
Wineries/breweries/distilleries.
(13)
Auto repair facility.
(14)
Mini storage facility.
(15)
Small ground-mounted solar energy system.
[Added 6-6-2023 by L.L. No. 4-2023]
(16)
Small on-farm ground-mounted solar energy system.
[Added 6-6-2023 by L.L. No. 4-2023]
C.
Conditionally permitted uses:
(1)
Tourist homes, motels, hotels.
(2)
Drive-in restaurants and/or fast-food establishments.
(3)
Cleaning establishments.
(4)
Coin-operated laundries.
(5)
Car wash establishments.
(6)
Bowling alleys.
(7)
Pool and/or billiard rooms.
(8)
Other uses, similar in nature and scale.
(9)
Gasoline filling stations.
(10)
Light industrial/manufacturing.
D.
Area width and yard requirements.
(1)
With public water and sanitary sewer:
(a)
Single-family dwelling:
[1]
Minimum area: 12,000 square feet.
[2]
Minimum width: 90 feet.
(b)
Two-family dwelling:
[1]
Minimum area: 20,000 square feet.
[2]
Minimum width: 100 feet.
(c)
Three-family dwelling:
[1]
Minimum area: 25,000 square feet.
[2]
Minimum width: 110 feet.
(d)
Four-family dwelling:
[1]
Minimum area: 30,000 square feet.
[2]
Minimum width: 120 feet.
(2)
With public water only:
(a)
Minimum area: two acres.
(b)
Minimum width: 150 feet.
(3)
With no public services:
(a)
Minimum area: two acres.
(b)
Minimum width: 150 feet.
(4)
Lot coverage. Maximum lot coverage for residential dwellings, including structures and all impermeable surfaces, shall not exceed 35% of the parcel.
(5)
Yard requirements:
(a)
Front yard: 30 feet.
(b)
Side yard: 10 feet.
(c)
Rear yard: 50 feet; accessory structures may be located within 10 feet of the rear line.
(6)
Flag lot requirements:
(a)
Minimum lot area to be in conformance with the area of standard lots in the zone where located, exclusive of the flagstaff connecting the lot to the public road;
(b)
Minimum setbacks are measured from the property lines, again exclusive of the flagstaff;
(c)
Frontage on the public road shall be no less than 50 feet;
(d)
Single -residence driveway: no less than 12 feet width compacted road base;
(e)
More than one residence driveway: no less than 20 feet compacted road base per residence. All utilities must be underground. Flagstaff shall be part of the lot and not an easement.
E.
Building bulk limitations. Maximum building height: 2 1/2 stories or 35 feet, excluding church spires, chimneys, and radio and TV antennas.
F.
Commercial/retail/professional use. During a site plan review of parcels located within the Hamlet Mixed Use District, the Planning Board reserves the right to require the developer to show that the site plan proposal is in harmony with the aesthetic features of the existing structures located in those districts.
(1)
Lot size. Required lot size shall be established by the Planning Board during the site plan review and approval process. The required minimum lot size shall be based on the amount of land area necessary to adequately accommodate the proposed principal and accessory uses and associated parking, loading and planted open space areas, while respecting setback requirements and on-site circulation needs, including pedestrians, vehicles and emergency vehicles. If the lot size cannot be made to meet the applicable standards of the proposed use for circulation, parking, landscaping, lot coverage and setbacks, the Planning Board may require a reduction in the scale or intensity of the use or the combination of principal and accessory uses and/or conditionally permitted uses before taking action on the site plan.
(2)
Lot coverage. Maximum lot coverage, including all buildings and impermeable surfaces, shall not exceed 50% of lot area.
(3)
Minimum lot width: 100 feet.
G.
Off-street parking requirements. Two off-street parking places shall be provided for each dwelling unit.
§ 155-38 Lake Shore District.
A.
Boundaries and purpose. The boundaries are defined by the Town of Conesus Official Zoning Map. The purpose of the Lake Shore District is to define that area of development adjacent to Conesus Lake, wherein a less dense development is preferred and thought to be in the best interest for preserving the amenities and environmental qualities in the Town and associated with the lake.
B.
Permitted uses. In addition to those uses specified in § 155-33, permitted uses shall be as follows, subject to the requirements specified below and elsewhere in these regulations:
(1)
Day-care facility located in a private dwelling and regulated by § 390 of the Social Services Law of the State of New York.
(2)
Residential care facility.
(3)
Legacy businesses (see § 155-38F).
C.
Area, width, and yard requirements.
(1)
Minimum lot area: 5,000 square feet.
(a)
Existing lots are prohibited from subdivision to a reduction in size below these requirements for the purpose of creating a building lot.
(2)
Minimum lot width at road: 50 feet.
(3)
Maximum lot coverage, including structures and all impermeable surfaces shall not exceed 35% of the parcel.
(4)
Yard requirements:
(a)
Front (road-side) yard. No structure shall be less than 20 feet from the public road right-of-way.
(b)
Side yard. The greater of five feet or 10% of the lot width with a maximum required of 10 feet is required between the side lot line and the closest structural elements, including but not limited to eaves, bay windows, overhangs, decks, etc., of adjoining properties.
(c)
Rear (lake-side) yard. For nonwaterfront lots, 10 feet from the rear lot line to any enclosed part of the primary structure. For waterfront lots, 10 feet horizontally from the mean high-water mark of the lake (818.5 feet elevation above sea level) to any part of the enclosed primary structure. Refer to Chapter 87, Flood Damage Prevention, a floodplain development permit may be required.
D.
Building bulk limitations. Maximum building height: 35 feet, excluding chimneys, church spires, antennas, etc.
E.
Off-street parking requirements. Two off-street parking places shall be provided for each dwelling unit.
F.
Legacy businesses. Existing legacy businesses are permitted to continue to operate in the zones in which they exist because of their integral connection to the local economy, identity and vitality of the Town of Conesus under the following conditions:
(1)
A legacy business must meet all portions of the definition of such use under § 155-3.
(2)
Site plan review is required for any improvements or changes to the site, refer to Article IV.
(3)
No change in the primary use is permitted. Such changes will result in elimination of the legacy business status.
(4)
Accessory uses to the primary use shall be pursued through the Planning Board and Zoning Board of Appeals.
§ 155-39 Lake Upland District.
A.
Boundaries and purpose. The boundaries are defined by the Town of Conesus Official Zoning Map. The purpose of the Lake Upland District is to support the responsible use of this area and to implement the vision of the Conesus Comprehensive Plan and the Conesus Lake Watershed Management Plan.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B.
Permitted uses. In addition to those uses specified in § 155-33, permitted uses shall be as follows, subject to the requirements specified below and elsewhere in these regulations:
(1)
Agricultural/farming uses, including all barns, stables, and accessory buildings necessary to the enterprise.
(2)
Day-care in-home facility as defined by Part 390 of the Social Service Law of New York State or a commercial day-care center.
(3)
Roadside stands.
(4)
Professional offices.
(5)
Wineries/breweries/distilleries.
(6)
Residential care facility.
(7)
Legacy businesses (see § 155-39F).
(8)
Small ground-mounted solar energy system.
[Added 6-6-2023 by L.L. No. 4-2023]
(9)
Small on-farm ground-mounted solar energy system.
[Added 6-6-2023 by L.L. No. 4-2023]
C.
Area, width and yard requirements.
(1)
Minimum area: two acres.
(2)
Minimum width: 150 feet.
(3)
Lot coverage. Maximum lot coverage, including structures and all impermeable surfaces, shall not exceed 35% of the parcel.
(4)
Yard requirements.
(a)
Front yard: 50 feet.
(b)
Side yard: 10 feet.
(c)
Rear yard: 50 feet.
(d)
Accessory structures may be located within 10 feet of the rear line.
(5)
Flag lot requirements:
(a)
Minimum lot area to be in conformance with the area of standard lots in the zone where located, exclusive of the flagstaff connecting the lot to the public road;
(b)
Minimum setbacks are measured from the property lines, again exclusive of the flagstaff;
(c)
Frontage on the public road shall be no less than 50 feet;
(d)
Single residence driveway: no less than 12 feet width compacted road base;
(e)
More than one residence driveway: no less than 20 feet compacted road base per residence. All utilities must be underground. Flagstaff shall be part of the lot and not an easement.
D.
Building bulk limitations. Maximum building height of 2 1/2 stories or 35 feet, excluding church spires, chimneys, and radio and TV antennas.
E.
Environmental protection. All construction and development in the Lake Upland District shall be governed by the rules of the Conesus Steep Slope Regulation and the Conesus Stream Corridor Regulation. Refer to Chapter 79, Erosion and Sediment Control.
F.
Legacy businesses. Existing legacy businesses are permitted to continue to operate in the zones in which they exist because of their integral connection to the local economy, identity, and vitality of the Town of Conesus under the following conditions:
(1)
A legacy business must meet all portions of the definition of such use under § 155-3.
(2)
Site plan review is required for any improvements or changes to the site, refer to Article IV.
(3)
No change in the primary use is permitted. Such changes will result in elimination of the legacy business status.
(4)
Accessory uses to the primary use shall be pursued through the Planning Board and Zoning Board of Appeals.
G.
Off-street parking requirements. Two off-street parking places shall be provided for each dwelling unit.
H.
Slope.
(1)
Architectural design of the house or structure shall be such as to minimize the amount of cutting into the embankment, general grading and removal of vegetative cover. This shall generally mean designing a rectangular-shaped structure which can be placed parallel to the contour of the hill.
(2)
Erosion control for slope conditions. The use of silt fences to control runoff during construction (i.e., straw bale disk) is required. Erosion control will be in place during construction.
(3)
Location of driveway, walkway, accessory buildings and structures and general grading shall conform to the overall objective of Subsection H(1) above.
(4)
Terracing, placement of sod, planting and the construction of retaining walls shall be performed as found necessary.
(5)
Any area of land from which topsoil has been removed or covered over by fill shall be seeded to provide an effective cover crop within the first growing season following the start of said operation.
(6)
No construction or structural alteration of a building and/or adjacent land areas to serve said construction shall be commenced without a zoning permit issued by the Code Enforcement Officer or designee. Applications for a permit shall be accompanied by evidence that the provisions of this § 155-39H are adhered to. No excavation construction is recommended from November 15 to March 15.
§ 155-40 A/RR Agricultural/Rural Residential District.
A.
Boundaries and purpose. The boundaries are defined by the Town of Conesus Official Zoning Map. The purpose of the A/RR Agricultural/Rural Residential District is to accommodate limited residential development at a density of no greater than one dwelling unit per two acres. Suitable locations are outside of neighborhood service centers, and where public water and/or sewers are not presently available. This district is created to encourage the preservation of open space and natural features while accommodating the coexistence of residential, agricultural and other land-based operations.
B.
Permitted uses. In addition to those uses specified in § 155-33, permitted uses shall be as follows, subject to the requirements specified below and elsewhere in these regulations:
(1)
Agricultural/farming uses, including all barns, stables, and accessory buildings necessary to the enterprise.
(2)
Recreational uses, including golf courses, nature preserves, sports clubs, etc.
(3)
Campsites (individual).
(4)
In-home day-care facility as defined by Part 390 of the Social Service Law of New York State.
(5)
Commercial day-care center.
(6)
Roadside stands.
(7)
Wineries/breweries/distilleries.
(8)
Veterinary hospital.
(9)
Private airfields.
(10)
Wind-driven generators, residential.
(11)
Small ground-mounted solar energy system.
[Added 6-6-2023 by L.L. No. 4-2023]
(12)
Small on-farm ground-mounted solar energy system.
[Added 6-6-2023 by L.L. No. 4-2023]
C.
Conditionally permitted uses.
(1)
Residential care facility (nursing home, assisted living, and independent living.)
(2)
Outdoor kennels.
(3)
Mini storage facility.
(4)
Auto repair facility.
(5)
Manufactured home park.
(6)
Cell towers.
(7)
Campgrounds: public and private.
(8)
Medium to large ground-mounted solar energy system.
[Added 6-6-2023 by L.L. No. 4-2023]
D.
Area, width and yard requirements:
(1)
Two-acre lot minimum.
(2)
Minimum lot width: 150 feet wide at building location.
(3)
Lot coverage: maximum lot coverage, including structures and all impermeable surfaces, shall not exceed 35% of the parcel.
(4)
Yard requirements.
(a)
Front yard: 30 feet.
(b)
Side yard: 10 feet.
(c)
Rear yard: 30 feet.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(d)
Accessory buildings may be located no closer than 10 feet to side and 10 feet to rear property lines, and no closer than 30 feet to the front property line.
(5)
Flag lot requirements.
(a)
Minimum lot area to be in conformance with the area of standard lots in the zone where located, exclusive of the flagstaff connecting the lot to the public road;
(b)
Minimum setbacks are measured from the property lines, again exclusive of the flagstaff;
(c)
Frontage on the public road shall be no less than 50 feet;
(d)
Single-residence driveway: no less than 12 feet width compacted road base;
(e)
More than one residence driveway: no less than 20 feet compacted road base per residence. All utilities must be underground. Flagstaff shall be part of the lot and not an easement.
E.
Building bulk limitations: maximum residential building height of 2 1/2 stories or 35 feet, excluding church spires, chimneys, and radio and TV antennas.
F.
Off-street parking requirements. Two off-street parking places shall be provided for each dwelling unit.
§ 155-41 Hemlock Watershed District.
A.
Boundaries and purpose. The boundaries are defined by the Town of Conesus Official Zoning Map. The purpose of the Hemlock Watershed District is to allow for residential and recreational development in a way that minimizes the impact on Hemlock Lake and the adjacent state forest land, while still allowing for agricultural uses and maintaining the rural character of this area.
B.
In addition to those uses specified in § 155-33, permitted uses include:
(1)
Agricultural/farming uses, including all barns, stables, and accessory buildings necessary to the enterprise.
(2)
Campsite (individual).
(3)
Recreational uses.
(4)
Roadside stands.
(5)
Wineries/breweries/distilleries.
(6)
In-home day care.
(7)
Commercial day care.
(8)
Small ground-mounted solar energy system.
[Added 6-6-2023 by L.L. No. 4-2023]
(9)
Small on-farm ground-mounted solar energy system.
[Added 6-6-2023 by L.L. No. 4-2023]
C.
Conditionally permitted uses:
(1)
Campgrounds public and private.
(2)
Veterinary hospitals.
(3)
Outdoor kennels.
(4)
Mini storage facility.
(5)
Cell towers.
(6)
Residential care facilities.
(7)
Private airfields.
(8)
Wind-driven generators, residential.
D.
Area, width and yard requirements:
(1)
Two acre lot minimum.
(2)
Minimum lot width: 200 feet wide at setback (building location).
(3)
Lot coverage: maximum lot coverage, including structures and all impermeable surfaces, shall not exceed 35% of the parcel.
(4)
Yard requirements.
(a)
Front yard: 50 feet.
(b)
Side yard: 20 feet.
(c)
Rear yard: 50 feet.
(d)
Accessory buildings may be located no closer than 10 feet to side and 10 feet to rear property lines, and no closer than 50 feet to the front property line.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(5)
Flag lot requirements.
(a)
Minimum lot area to be in conformance with the area of standard lots in the zone where located, exclusive of the flagstaff connecting the lot to the public road;
(b)
Minimum setbacks are measured from the property lines, again exclusive of the flagstaff;
(c)
Frontage on the public road shall be no less than 50 feet;
(d)
Single-residence driveway: no less than 12 feet width compacted road base;
(e)
More than one residence driveway: no less than 20 feet compacted road base per residence. All utilities must be underground. Flagstaff shall be part of the lot and not an easement.
E.
Building bulk limitations: maximum residential building height of 2 1/2 stories or 35 feet, excluding church spires, chimneys, and radio and TV antennas.
F.
Off-street parking requirements. Two off-street parking places shall be provided for each dwelling unit.
§ 155-42 Adult Overlay District.
The Adult Overlay District is a floating zone. This use will be permitted in any zone in Conesus under the following conditions:
A.
No adult use business shall be established within 500 feet (as measured between property lines) of another adult use business, residential area, village community, cluster development, manufactured home or park, church or other place of worship, school or any other educational institution, public airport, public park/playground/playfield, adult or child day care, nursing home, hotel, motel, bed-and-breakfast, or museum or cultural center.
B.
Other regulations as set forth in Article IX.
C.
Area and bulk regulations of the underlying zoning district shall apply.