East Greenbush City Zoning Code
ARTICLE II
Zoning Districts
§ 57-6 Zoning Districts.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The Town of East Greenbush establishes and is hereby divided into the following zoning districts:
Residential Districts: | |
|---|---|
A-R | Agriculture-Residential District |
R-OS | Residential-Open Space District |
R-B | Residential-Buffer District |
R-1 | Residential District |
R-1A | Residential District |
R-2 | Residential District |
R-3 | Residential District |
Commercial and Industrial Districts: | |
|---|---|
PPB | Personal/Professional District |
B-1 | General Business Mixed Use District |
B-2 | General Business District |
O | Corporate Office Only District |
OC | Corporate Office/Regional Commercial District |
OI | Corporate Office/Light Industrial District |
CI | Coastal Industrial District |
Overlay Districts and Floating Zones: | |
|---|---|
WMO | Watercourse Management Overlay District |
PDD | Planned Development District (floating zone) |
§ 57-7 Official Zoning Map.
The location and boundaries of the zoning districts established in § 57-6 are shown on the Official Zoning Map of the Town of East Greenbush which, together with everything shown thereon and all amendments thereto, is hereby adopted by reference and declared to be an appurtenant part of this chapter.[1]
A.
The Official Zoning Map shall be identified by the signature of the Town Supervisor attested by the Town Clerk and shall bear the Seal of the Town.
B.
If any changes or amendments to district boundaries, or to other data which is shown on the Official Zoning Map, are duly made in accordance with the provisions of this chapter and Town Law, such changes or amendments shall be entered on the Official Zoning Map by the Code Enforcement Official or other official as may be designated by the Town Board before the effective date of such change or amendment.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C.
No changes, alterations, or additions whatsoever shall be entered on the Official Zoning Map except in accordance with the provisions of this chapter, and any person making such change not in accordance with the provisions of this chapter shall be held in violation of this chapter and subject to penalties under Article IV of this chapter.
D.
The Official Zoning Map shall be continuously and conspicuously displayed in such place as is designated by the Town Board and is on file with the Town Clerk.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
E.
The Official Zoning Map shall be the final authority as to the delineation of zoning districts and the location of zoning district boundaries, regardless of the existence of alleged reproduced copies of said Official Zoning Map which may show districts or boundaries in conflict to the Official Zoning Map.
[1]
Editor's Note: The Zoning Map attached to this chapter is a later version than that included with the legislation adopting this chapter. Other later versions, if any, and/or any amendments thereto are on file in the Town offices.
§ 57-8 Interpretation of district boundaries.
A.
Where district boundaries are indicated as approximately following the center lines or right-of-way lines of streets, highways, railroads, or public utility easements, said boundaries shall be construed to be coincident with such lines. Said boundaries shall be deemed to be automatically moved if a center line or right-of-way line of such street, highway, railroad or public utility easement is moved no more than 50 feet.
B.
Where district boundaries are so indicated that they are approximately parallel to the center line or right-of-way lines of streets, highways, railroads, or public utility easements, said boundaries shall be construed as being parallel thereto and at such distances therefrom as are indicated on the Zoning Map or as shall be determined by the use of the scale shown on the Zoning Map.
C.
Where district boundaries are indicated as approximately following the Town boundary line, property lines, lot lines, or projections thereof, said boundaries shall be construed to be coincident with such line or projections thereof.
D.
Where district boundaries are so indicated that they are approximately parallel to the Town boundary line, property lines, lot lines, or projections thereof, said boundaries shall be construed as being parallel thereto and at such distances there from as are indicated on the Zoning Map or as shall be determined by the use of the scale shown on the Zoning Map.
E.
Where district boundaries are indicated as approximately following streams other than the Hudson River, said boundaries shall be construed to be coincident with the center lines of the main channels of such streams, and said boundaries shall be deemed to be automatically moved if the main channels of such streams are moved by natural or artificial means no more than 50 feet.
F.
Any district boundary indicated as extending to the Hudson River, if also coincident with the Town boundary line, shall be construed as extending into the River along the Town boundary line to the pierhead line, if established, or to a line parallel to, and 200 feet distant from the mean high-water shoreline.
G.
Any district boundary indicated as approximately following the Hudson River shall be construed as being coincident with the pierhead line, if established, or a line parallel to, and 200 feet distant from, the mean high-water shoreline. If more than one zoning district is established along the Hudson River, the boundary line between district extends into the river shall be an extension of the zoning boundary line which meets, and is perpendicular to, the pierhead line, if established, or a line parallel to, and 200 feet distant from the mean high-water shoreline.
H.
Where a street, highway, railroad, or public utility easement center line, or right-of-way line is coincident with a zoning boundary line and varies from the actual on-the-ground physical monument or mark, then such on-the ground physical monument or mark shall determine said zoning district boundary.
§ 57-9 Use Schedule.
The Use Schedule is included as an attachment to this chapter.
§ 57-10 Area and bulk standards.
A.
Area and bulk standards. For area and bulk standards specific to a particular district, refer to the individual zoning pages for each district.
B.
Supplementary bulk standards.
(1)
Existing undersized lots. Any lot held in single and separate ownership prior to the adoption of the Town's initial Zoning Ordinance on March 6, 1961, or any amendment thereto, including this chapter, whose area and/or width and/or depth are less than the specified minimum lot requirements for that district, may be considered as complying with such minimum lot requirements, and no variance shall be required, provided that:
(a)
Such lot does not adjoin other undersized lot or lots held by the same owner, whose aggregate area is equal to or greater than the minimum lot area required for that district;
(b)
Such lot has an area of at least 4,000 square feet and a minimum width of at least 50 feet at the required setback line;
(c)
The following minimum yard dimensions are maintained: side yards: eight feet; front and rear yards; 25 feet; and
(d)
All other bulk requirements for that district are complied with.
(2)
Height exceptions. The height limitations of this chapter, as listed in the area and bulk table for each zoning district, shall not apply to the following structures: flagpoles, church spires, belfries, cupolas, domes not used for home occupancy, chimneys, ventilators, skylights, water tanks, bulkheads and other necessary mechanical appurtenances usually carried above the roof level, parapet wall or cornice for ornament extending above such height limit not more than five feet, radio or television receiving antennas, or a public utility transmission tower or cable. No such uses shall in their aggregate coverage occupy more than 20% of the roof area on which located.
(3)
Transition requirements for district boundaries.
(a)
Where a lot in a nonresidential district abuts a lot in a residential district, there shall be provided along such abutting side on said nonresidential district lot a required yard and landscape buffer as specified in § 57-30. Said yards shall not be used for storage of any material or goods, parking or roadway.
[1]
Where the property on one side of a street is zoned partly for residential use and partly for business or industrial use, the front yard depth along such street shall be at least equal to the required front yard depth of the residential district.
(4)
Yards.
(a)
Corner lots. On a corner lot, each side which abuts a street shall be deemed a front lot line, and the required yard along each such lot line shall be a required front yard; however, the Planning Board may make a determination to reduce one of the required front yard setbacks. The owner or developer shall decide which of the remaining yards shall be the required side yard and the required rear yard prior to subdivision approval.
(b)
Side yards for attached buildings. Side yards of semidetached houses or row houses shall be required at the ends of the total structure.
(c)
Double frontage lots.
[1]
Any double frontage lots fronting on parallel or abutting streets require Planning Board review and approval.
[2]
Residential double frontage lots are permitted driveway access or garage on only one frontage, as determined and approved by the Planning Board prior to approval.
[3]
For any approved double frontage lot, both frontages shall comply with the front yard requirements of the district in which it is located, except frontages on an approved laneway.
(d)
Setbacks at laneways. Required building setbacks at approved laneways shall be determined by the Planning Board.
(e)
Distance separations.
[1]
Principal buildings. If two or more principal residential buildings are located on the same lot, one building's exterior walls containing windows shall be separated from the nearest point on any adjacent building by a horizontal distance, perpendicular to the wall with windows, equal to at least twice the width of the required side yard for the particular district in which the buildings are located.
[2]
Accessory buildings. Accessory buildings unattached to principal buildings shall be located no closer to the principal buildings than 12 feet or a distance equal to the height of each accessory building, whichever is greater. Any accessory building physically attached to a principal building is deemed to be part of such principal building in applying bulk regulations.
(f)
Encroachments in required yards.
[1]
Accessory buildings. Accessory buildings in all residential districts and the C-I Zone that are larger than 160 square feet, and 15 feet in height, are permitted no closer than five feet from a side or rear property line. No accessory buildings are permitted within, or encroaching within, the front yard area. Any accessory building physically attached to a principal building is deemed to be part of such principal building in applying bulk regulations. Accessory buildings in nonresidential zones are subject to special use permit approval.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[2]
Projections. The space in any required yard shall be open and unobstructed except as follows:
[a]
Window sills, belt courses, bay windows, cornices, eaves, and other similar architectural features shall be permitted to project no more than three feet.
[b]
Awnings and canopies shall be permitted to project no more than six feet.
[c]
Open fire escapes shall be permitted to project a maximum of eight feet into required side yards, rear yards, or courts, but shall not project into required front yards or required open areas and shall not be placed on walls facing toward a street.
(g)
Vehicle restrictions in residential districts. Electric or motorized vehicles, RVs, campers, popup campers, boats, snowmobiles, all-terrain vehicles, box trailers, PODs and similar vehicles or storage containers, as well as trailers for hauling such vehicles, are not permitted within any residential front yard, unless enclosed within a garage, boathouse, or other structure that is in compliance with this chapter. Also, any such vehicles or storage containers located in side or rear yards are to be parked on an existing driveway, or on an apron of concrete, brick, block, asphalt, crushed stone, or any other finished surface that prevents the growth of grass or weeds.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[1]
Exception: Operational vehicles are permitted on private roads and in private driveways.
(5)
Courts.
(b)
(c)
Interior angles. Court walls containing windows shall not be permitted to join other walls at angles of less than 60°.
(d)
Must meet all applicable New York State fire and safety regulations.
(6)
Accessways.
(a)
Lots on streets to be closed. No required pedestrian or vehicular access or entrance to a building, other structure, or tract of land shall be required from a street shown on the Comprehensive Master Plan as "to be closed."
(b)
Access to lots. A lot to be used for building purposes shall have direct frontage on a public street.
(7)
Flag lot development standards.
(a)
Intent. The creation of flag lots is restricted. Flag lot development is permitted for the development of a legal building lot of record, or land within a subdivision, to allow property owners reasonable use and benefit of rear acreage that otherwise cannot meet the typical requirements of this chapter and Chapter 55, Subdivision of Land, or to alleviate situations which would otherwise impose significant financial hardship on the property owner. Development of all flag lots under the provisions of this article are subject to Planning Board review and approval.
(b)
Lots. Flag lots (also known as "keyhole lots") are subject to the following standards:
[1]
Permitted zoning districts. Flag lots shall only be allowed in residential zoning districts.
[2]
Permitted uses. Flag lots shall serve only one single-family residence and its uninhabited accessory structure(s) otherwise allowed by zoning.
[3]
Frontage. Each flag lot shall have at least 25 feet of frontage on a public street where lots are developed with well water and septic systems and shall have at least 30 feet of frontage on a public street for lots developed with public water and sewer systems. The minimum frontage of the lot shall extend throughout the entire depth of the lot, otherwise known as the "flagpole."
[4]
Ownership. The flagpole portion of the lot shall be considered a permanent part of the lot or parcel and must remain under the same ownership as the flag portion of the lot.
[5]
Access. Access to a flag lot must be directly from a public street or right-of-way or as otherwise approved by the Town Planning Board.
[6]
Number. A maximum of two adjoining flag lots are allowed per parent parcel in a minor subdivision and/or under single ownership. Additional flag lot subdivisions of a parent parcel are not permitted. Flag lots are not permitted within major subdivisions.
[7]
Setbacks. Minimum side and rear setbacks for primary and accessory structures on a flag lot shall conform to the requirements of this chapter. Minimum front yard setbacks for flag lots shall be double the regular front setback. Such setbacks shall be measured from the "flag" portion of the lot, where the flagpole shall extend through the entire lot.
[8]
Lot area calculation. The minimum lot area of each flag lot being created must be at least 1.5 times the size of the remaining frontage parcel, not including the area of the "flagpole," or must meet the minimum lot size requirements for the district while providing all setbacks which are twice the otherwise required setback distances for the flag lot. Streams, ponds, and wetlands as regulated by the Watercourse Management Overlay District, and areas of slope greater than 15% shall not be included in the calculation of the "flag" portion of the lot area.
[9]
Driveways. Adjacent flag lots may be required to share a common curb cut at the road right-of-way, which shall be designed to allow vehicles to drive out forward. Line of sight requirements at the driveway-street intersection must comply with applicable engineering traffic safety standards. Driveways to flag lots must be designed to permit access of a fifty-thousand-pound, thirty-foot-long vehicle, as determined by a licensed engineer.
[10]
Fire protection. Where public water is available, any building on a flag lot must be within 500 feet of a hydrant as measured along the vehicular path of travel. The Town shall be provided with all necessary easements for private hydrants located on private property.
[11]
Resubdivision of flag lots. No further subdivision of a flag lot shall be permitted without meeting the requirements for major subdivisions as outlined in this chapter and Chapter 55, Subdivision of Land, for the Town of East Greenbush.
[12]
Architectural review. Building elevations for all sides of the proposed residence must be submitted as part of the Planning Board review.
[13]
Street address. A reflective street number must be permanently displayed, and easily visible, along the public right-of-way in both directions of travel.
[14]
Separation between flag lots. Wherever practicable, as determined by the Planning Board, two adjoining flagpoles or a single flagpole access must be separated by a distance equal to the minimum frontage requirement within the zoning district where the lots are located. Separation distance shall be measured along the vehicular path of travel along the adjacent public street. Where two or more district boundaries intersect the vehicular path of travel along the adjacent public street, the required separation distance shall match the largest minimum frontage requirement along the vehicular path of travel.
§ 57-11 Residential Districts.
The residential districts are enumerated below.
§ 57-12 Agriculture-Residential District (A-R).
A.
Intent. The Agriculture-Residential District is intended to permit agricultural, rural, and open space uses, and also to permit a very low density of residential use (approximately one unit per five acres) designed to retain the open space and rural character of the District without conflicting with farm operations.
B.
Permitted uses.
Agriculture; horticulture and farming, general |
Agriculture; livestock or dairy |
Agriculture; farm stand or market |
Animal; boarding, horse farm or stables |
Animal; boarding; commercial kennel |
Civic; religious facility |
Civic; cultural facility |
Recreation; public, outdoor park or campground |
Residential; one-family residence |
School; nursery, day care, elementary or high |
C.
Special use permit uses.
Animal; boarding, veterinary services |
Boarding; inn or bed-and-breakfast |
Health/medical; offices or clinic, outpatient |
Health/medical; cemetery or crematorium |
Recreation; golf course or range |
Recreation; private veteran/fraternal or social club |
School; university, college or trade |
Transport; airport, private airstrip |
Utility; public service |
Utility; small aboveground structure |
D.
Accessory uses.
Accessory; dwelling unit (SP) as per § 57-45 |
Animal; boarding, private kennel |
Animal; boarding, private stables |
Boarding; dormitory (SP) |
Home occupation (SP) |
Parking; off-street or garage |
Residential recreation facility |
Structure; customary garage, shed or greenhouse |
Structure; customary farm building |
NOTES: |
(SP): By special use permit |
E.
Area and bulk schedule.
Minimum Lot Dimensions | ||
|---|---|---|
Area | 5 acres | |
Width (feet) | 400 | |
Minimum Yard Dimensions | ||
Front (feet) | 50 | |
Side (feet) | 50 | |
Rear (feet) | 50 | |
Maximum lot coverage | 10% | |
Density (dwelling units per acre) | 0.2 | |
Maximum building height (feet) | 35 | |
F.
Specific district standards. (Reserved.)
§ 57-13 Residential Open Space District (R-OS).
A.
Intent. The Residential-Open Space District is intended to permit agricultural, rural, and open space uses, and also to permit a low density of residential use (one unit per two acres), designed to retain the open space and rural character of the District. This District encompasses much of the area of the Town east of Interstate 90.
B.
Permitted uses.
Agriculture; horticulture and farming, general |
Agriculture; livestock or dairy |
Agriculture; farm stand or market |
Animal; boarding, horse farm or stables |
Civic; religious facility |
Civic; cultural facility |
Residential; one-family residence |
Recreation; public, outdoor park or campground |
Recreation; golf course or range |
School; nursery, day care, elementary or high |
C.
Special use permit uses.
Animal; boarding, veterinary services |
Animal; boarding; commercial kennel |
Boarding; inn or bed-and-breakfast |
Health/medical; cemetery or crematorium |
Health/medical; offices or clinic, outpatient |
Recreation; indoor assembly or auditorium |
Recreation; private, veteran/fraternal or social club |
School; university, college or trade |
Transport; airport, private airstrip |
Utility; public service/small aboveground structure |
D.
Accessory uses.
Accessory; dwelling unit (SP) as per § 57-45 |
Animal; boarding, private kennel |
Animal; boarding, private stables |
Boarding; dormitory (SP) |
Home occupation (SP) |
Parking; off-street or garage |
Residential recreation facility |
Structure; customary garage, shed or greenhouse |
Structure; customary farm building |
NOTES: |
(SP): By special use permit |
E.
Area and bulk schedule.
Minimum Lot Dimensions | ||
|---|---|---|
Area | 87,120 square feet | |
Width (feet) | 200 | |
Minimum Yard Dimensions | ||
Front (feet) | 50 | |
Side (feet) | 50 | |
Rear (feet) | 50 | |
Maximum lot coverage | 10% | |
Density (dwelling units per acre) | 0.5 | |
Maximum building height (feet) | 35 | |
F.
Specific district standards.
(1)
Principal buildings per lot. There shall be only one principal building and principal use per lot in R-OS Residence District.
(2)
Accessory building setbacks. As per § 57-10B(4)(f)[1].
§ 57-14 Residential Buffer District (R-B).
A.
Intent. The purpose of the R-B District is to support low-density residential, agricultural, rural and open space uses and serve as a transition from the medium-density neighborhoods of East Greenbush to the more rural areas of Town.
B.
Permitted uses.
Agriculture; horticulture and farming, general |
Agriculture; farm stand or market |
Animal; boarding, horse farm or stables |
Civic; religious facility |
Civic; cultural facility |
Recreation; golf course or range |
Residential; senior housing |
Residential; one-family residence |
Recreation; public, outdoor park or campground |
School; nursery, day care, elementary or high |
C.
Special use permit uses.
Animal; boarding, veterinary services |
Animal; boarding; commercial kennel |
Boarding; inn or bed-and-breakfast |
Health/medical; cemetery or crematorium |
Health/medical; offices or clinic, outpatient |
Health/medical; nursing or assisted living home |
Recreation; indoor assembly or auditorium |
Recreation; private, veteran/fraternal or social club |
School; university, college or trade |
Utility; public service/small aboveground structure |
D.
Accessory uses.
Accessory; dwelling unit (SP) as per § 57-45 |
Animal; boarding, private kennel (SP) |
Animal; boarding, private stables (SP) |
Boarding; dormitory (SP) |
Home occupation (SP) |
Parking; off-street or garage |
Residential recreation facility |
Structure; customary garage, shed or greenhouse |
Structure; customary farm building |
NOTES: |
(SP): By special use permit. |
E.
Area and bulk schedule.
Minimum Lot Dimensions | R-B | R-B Incentive Zoning With Public Water and Sewer |
|---|---|---|
Area (square feet) | 65,340 | 21,780 |
Width (feet) | 200 | 100 |
Minimum Yard Dimensions | R-B | R-B Incentive Zoning With Public Water and Sewer |
Front (feet) | 40 | 25 |
Side (feet) | 25 | 10 |
Rear (feet) | 30 | 30 |
Maximum lot coverage | 10% | 10% |
Density (dwelling units per acre) | 0.66 | Up to 2.0 |
Maximum building height (feet) | 35 | 35 |
F.
Specific district standards.
(1)
Principal buildings per lot. There shall be only one principal building and principal use per lot.
(2)
Accessory building setbacks. As per § 57-10B(4)(f)[1].
(3)
R-B incentive requirements. To be eligible for the R-B incentive and associated lot dimensions and density bonus applicants for subdivision or site plan review must comply with the following standards:
(a)
Have municipal water and sewer service which is:
[1]
Existing on the proposed site in the required capacities; or
[2]
Reasonably adjacent to the proposed site such that the applicant could get approval from the Town Board to make a connection to the existing services. Such approval would be conditional on the findings of an independent engineering report which evaluates the impact said connection would have on the existing municipal capacities and performance.
(b)
Adhere to the procedures and standards set forth within the Town's cluster ordinance in § 57-52 with the exception that the area to be maintained as open space as described in § 57-52G shall be 50% of the total site with 20% of the site's buildable land included within this area.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(4)
Required undisturbed area.
(a)
For any lot in the R-B District developed by subdivision under the Town's land subdivision regulations, whether the subdivision is of conventional design or a cluster design, a minimum of 30% of the total site area shall be maintained as undisturbed natural area. This undisturbed natural area may be incorporated into lots and/or it may be located in common open space blocks of land. The location and the form of ownership of the undisturbed area must be acceptable to the Planning Board.
(b)
In a cluster subdivision in the R-B District, the 30% of the site which is to be maintained as undisturbed natural area may form all or part of the 25% common open space requirement specified in § 57-52G of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
§ 57-15 Residential District (R-1)
A.
Intent. The purpose of the R-1 District is to provide moderate-density residential housing opportunities of around four residential units per acre of land.
B.
Permitted uses.
Agriculture; horticulture and farming, general |
Civic; cultural facility |
Civic; religious facility |
Recreation; public, outdoor park or campground |
Residential; senior housing |
Residential; one-family residence |
School; nursery, day care, elementary or high |
C.
Special use permit uses.
Boarding; inn or bed-and-breakfast |
Health/medical; cemetery or crematorium |
Health/medical; offices or clinic, outpatient |
Health/medical; nursing or assisted living home |
Recreation; golf course or range |
Recreation; private, veteran/fraternal or social club |
Utility; public service/small aboveground structure |
D.
Accessory uses.
Accessory; dwelling unit (SP) as per § 57-45 |
Boarding; dormitory (SP) |
Home occupation (SP) |
Structure; customary garage, shed or greenhouse |
Parking; off-street or garage |
Residential recreation facility |
Structure; customary farm building |
NOTES: |
(SP): By special use permit. |
E.
Area and bulk schedule.
Minimum Lot Dimensions | ||
|---|---|---|
Area | 12,500 | |
Width (feet) | 80 | |
Minimum Yard Dimensions | ||
Front (feet) | 35 | |
Side (feet) | 10 | |
Rear (feet) | 25 | |
Maximum lot coverage | 20% | |
Density (dwelling units per acre) | 4 | |
Maximum building height (feet) | 35 | |
F.
Specific district standards.
(1)
Principal buildings per lot. There shall be only one principal building and principal use per lot.
(2)
Accessory building setbacks. As per § 57-10B(4)(f)[1].
§ 57-16 Residential District (R-1A).
A.
Intent. The purpose of the R-1A is to provide medium-density residential housing opportunities of around five residential units per acre of land.
B.
Permitted uses.
Agriculture; horticulture and farming, general |
Civic; religious facility |
Civic; cultural facility |
Recreation; public, outdoor park or campground |
Residential; one-family residence |
Residential; senior housing |
School; nursery, day care, elementary or high |
C.
Special use permit uses.
Boarding; inn or bed-and-breakfast |
Health/medical; cemetery |
Health/medical; crematorium |
Health/medical; offices or clinic, outpatient |
Health/medical; nursing or assisted living home |
Recreation; golf course or range |
Recreation; private, veteran/fraternal or social club |
Utility; public service/small aboveground structure |
D.
Accessory uses.
Accessory; dwelling unit (SP) as per § 57-45 |
Boarding; dormitory (SP) |
Home occupation (SP) |
Parking; off-street or garage |
Residential recreation facility |
Structure; customary garage, shed or greenhouse |
Structure; customary farm building |
NOTES: |
(SP): By special use permit. |
E.
Area and bulk schedule.
Minimum Lot Dimensions | ||
Area | 9,000 square feet | |
Width (feet) | 75 | |
Minimum Yard Dimensions | ||
Front (feet) | 35 | |
Side (feet) | 8 | |
Rear (feet) | 25 | |
Maximum lot coverage | 25% | |
Density (dwelling units per acre) | 5 | |
Maximum building height (feet) | 35 | |
F.
Specific district standards.
(1)
Principal buildings per lot. There shall be only one principal building and principal use per lot.
(2)
Accessory building setbacks. As per § 57-10B(4)(f)[1].
§ 57-17 Residential District (R-2).
A.
Intent. The purpose of the R-2 is to provide higher density residential housing opportunities of around six residential units per acre of land to match some of the older housing development patterns in the area.
B.
Permitted uses.
Boarding; inn or bed-and-breakfast |
Civic; religious facility |
Civic; cultural facility |
Residential; one-family residence |
Residential; senior housing |
Recreation; public, outdoor park or campground |
School; nursery, day care, elementary or high |
C.
Special use permit uses.
Health/medical; offices or clinic, outpatient |
Health/medical; nursing or assisted living home |
Recreation; private, veteran/fraternal or social club |
Utility; public service/small aboveground structure |
D.
Accessory uses.
Accessory; dwelling unit (SP) as per § 57-45 |
Boarding; dormitory (SP) |
Home occupation (SP) |
Parking; off-street or garage |
Residential recreation facility |
Structure; customary garage, shed or greenhouse |
Structure; customary farm building |
NOTES: |
(SP): By special use permit. |
E.
Area and bulk schedule.
Minimum Lot Dimensions | ||
|---|---|---|
Area | 7,500 | |
Width (feet) | 75 | |
Minimum Yard Dimensions | ||
Front (feet) | 25 | |
Side (feet) | 8 | |
Rear (feet) | 25 | |
Maximum lot coverage | 25% | |
Density (dwelling units per acre) | 6 | |
Maximum building height (feet) | 35 | |
F.
Specific district standards.
(1)
Principal buildings per lot. There shall be only one principal building and principal use per lot.
(2)
Accessory building setbacks. As per § 57-10B(4)(f)[1].
§ 57-18 Residential District (R-3).
A.
Intent. The purpose of the R-3 District is to continue to provide high-density housing opportunities with a mix of one-, two- and multifamily housing.
B.
Permitted uses.
Boarding; inn or bed-and-breakfast |
Civic; religious facility |
Civic; cultural facility |
Residential; one-family residence |
Residential; two-family residence |
Residential; multifamily residence |
Residential; senior housing |
Recreation; public, outdoor park or campground |
School; nursery, day care, elementary or high |
C.
Special use permit uses.
Recreation; private, veteran/fraternal or social club |
Health/medical; nursing or assisted living home |
Utility; public service/small aboveground structure |
D.
Accessory uses.
Accessory; dwelling unit (SP) as per § 57-45 |
Boarding; dormitory (SP) |
Home occupation (SP) |
Parking; off-street or garage |
Residential recreation facility |
Structure; customary garage, shed or greenhouse |
Structure; customary farm building |
NOTES: |
(SP): By special use permit. |
E.
Area and bulk schedule.
Minimum Lot Dimensions | ||
|---|---|---|
Area (whichever is larger) | 10,000 square feet minimum lot size or 3,500 square feet/DU | |
Width (feet) | 100 | |
Minimum Yard Dimensions | ||
Front (feet) | 25 | |
Side (feet) | 25 | |
Rear (feet) | 25 | |
Maximum lot coverage | 35% | |
Density (dwelling units per acre) | 12 | |
Maximum building height (feet) | 40 | |
NOTE: Single-family homes in the R-3 District shall comply with the area and bulk regulations listed for the R-2 District. |
F.
Specific district standards.
(1)
Parking setbacks. In R-3 Districts, open parking areas may encroach on a required side yard to within five feet of a side or rear lot line.
(2)
Accessory building setbacks. As per § 57-10B(4)(f)[1].
(3)
Required open areas. For every dwelling unit erected in any R-3 District there shall be provided at least 300 square feet of designed open area, suitably graded and planted with lawn seed or sodded for active recreational activity. For every bedroom or room suitable for sleeping in excess of two an additional 100 square feet shall be required.
(a)
Such recreational area may be located anywhere on the lot and may be provided in more than one plot, subject to approval of the Planning Board.
(b)
The maximum slope of required designed open areas may not exceed 3%. Paved facilities such as tennis courts or swimming pools, or indoor community recreational facilities may be substituted for such active lawn area on an equivalent square-foot basis.
(c)
Required open areas shall not be obstructed.
§ 57-19 Commercial and Industrial Districts.
The commercial and industrial districts are enumerated below.
§ 57-20 Personal/Professional District (PPB).
A.
Intent. The intent of the Personal/Professional District is to provide transitional areas where existing single-family home structures can transition or be converted into personal and professional offices, allowing commercial services while maintaining the small-scale community neighborhood.
B.
Permitted uses.
Civic; cultural facility |
Civic; religious facility |
Recreation; public, outdoor park or campground |
Residential; one-family residence |
Services; personal care |
Services; professional office |
School; nursery, day care, elementary or high |
C.
Special use permit uses.
Boarding; inn or bed-and-breakfast |
Health/Medical; offices or clinic, outpatient |
Health/Medical; nursing or assisted living home |
Recreation; private veteran/fraternal or social club |
Residential; two-family residence |
Residential; multifamily residence |
Residential; mixed-use with commercial |
Residential; senior housing |
Restaurant; indoor, fully enclosed |
D.
Accessory uses.
Accessory; dwelling unit (SP) as per § 57-45 |
Boarding; dormitory (SP) |
Home occupation (SP) |
Parking; off-street or garage |
Residential recreation facility |
Structure; customary garage, shed or greenhouse |
Structure; customary farm building |
NOTES: |
(SP): By special use permit. |
E.
Area and bulk schedule.
Minimum Lot Dimensions | ||
|---|---|---|
Area (square feet) | 43,560 | |
Width (feet) | 100 | |
Minimum Yard Dimensions | ||
Front (feet) | 25 | |
Side (feet) | 12 | |
Rear (feet) | 25 | |
Maximum building coverage | 35% | |
Density (dwelling units per acre) | 4 | |
Maximum building height (feet) | 35 | |
F.
Specific district standards.
(1)
Site plan review. All new uses and structures except one- and two-family dwellings, and all changes of use, shall require site plan review and approval in accordance with the procedures and requirements stated within § 57-72 of this chapter.
(2)
Existing structures. Where practicable, the maintenance and rehabilitation of existing residential structures shall be encouraged.
(a)
Where impracticable to maintain and rehabilitate existing residential structures, or where substantial modifications or new construction is required, residential design characteristics shall be used.
(b)
Additions or expansion to the commercial operation shall be done to match the residential scale, character and materials of the building or neighborhood, and such expansion shall be added to the rear of the building whenever possible.
(3)
Maximum building size. Except by special use permit, maximum building area used for nonresidential purposes shall be restricted to either 3,000 square feet or a demand of 10 off-street parking spaces, as the particular use may require.
(4)
Additional requirements. The Planning Board may require additional site planning or landscaping measures to reduce impacts on adjacent residences by normal business operations.
(5)
Maximum dwelling units. Maximum dwelling units per building through either adaptive reuse or new construction shall be restricted to four dwelling units.
§ 57-21 General Business Mixed Use District (B-1).
A.
Intent. The intent of the B-1 District is to promote redevelopment with high-density, mixed-use structures which help define a coherent village atmosphere, providing local goods and services and linking nearby residential neighborhoods with a pedestrian-friendly environment.
B.
Permitted uses.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Boarding; inn or bed-and-breakfast |
Boarding; hotel |
Civic; religious facility |
Civic; public facility, bank or government office |
Civic; cultural facility |
Recreation; public, outdoor park or campground |
Restaurant; indoor, fully enclosed |
Restaurant; bar or tavern |
Residential; one-family residence* |
Residential; two-family residence* |
Residential; multifamily residence* |
Residential; mixed-use with commercial |
Residential; senior housing |
Retail; single tenant* |
Retail; single tenant <15,000 square feet |
Retail; multitenant shopping center |
School; nursery, day care, elementary or high |
Services; personal care |
Services; professional office |
NOTES: |
* Existing on or before June 11, 2008. |
C.
Special use permit uses.
Health/medical; hospital or clinic, inpatient |
Health/medical; offices or clinic, outpatient |
Health/medical; nursing or assisted living home |
Recreation; private veteran/fraternal or social club |
Recreation; outdoor assembly or amphitheater |
Recreation; indoor assembly or auditorium |
Restaurant; with outdoor seating |
Retail; landscaping/gardening with outdoor display |
Retail; on-site manufacturing and sales of goods |
D.
Accessory uses.
Accessory; dwelling unit (SP) as per § 57-45 |
Boarding; dormitory (SP) |
Home occupation (SP) |
Parking, off-street or garage |
Residential; recreation facility |
Storage; indoors, merchandise in stock |
Structure; commercial garage or shed (SP) |
Structure; customary garage, shed or greenhouse (SP) |
NOTES: | |
|---|---|
(SP): By special use permit. |
E.
Area and bulk schedule.
Minimum Lot Dimensions | ||
|---|---|---|
Area (square feet) | 21,780 | |
Width (feet) | 100 | |
Minimum Yard Dimensions | ||
Front (feet) | 0 feet minimum, 15 feet maximum | |
Side (feet) | 12† | |
Rear (feet) | 12† | |
Maximum building coverage | 70% | |
Density (dwelling units per acre) | 12 | |
Building height (feet) | 2 story minimum, 50 feet maximum | |
NOTES: | |
|---|---|
† | No setback required if constructed of an approved party wall/fire wall in accordance with New York State Fire Codes and Code Enforcement Official approval. |
F.
Specific district standards.
(1)
Site plan review. All new uses and structures except one- and two-family dwellings, and all changes of use, shall require site plan review and approval in accordance with the procedures and requirements stated within § 57-72 of this chapter.
(a)
Parking. All parking lots must be in accordance with § 57-29, Off-street parking and loading.
[1]
All off-street parking must be located behind the building(s), in an internal courtyard, garage or otherwise located so as to be shielded from view from the public road frontage.
[2]
Parking for developments which include a mix of both residential and commercial uses may reduce the number of required residential parking spaces by up to 20% for shared parking with Planning Board approval.
(2)
Residential mixed-use requirement. Residential uses are permitted only as part of a mixed-use commercial/residential plan which includes commercial uses either on the lower floors or as a separate structure on the same parcel. Such commercial uses must comprise of no less than 30% of the gross floor area of the residential and commercial uses combined.
(3)
Two-story height requirement. New construction must have a minimum of two-story facade height for any portions of the buildings which have frontage along a public road. Such second story frontage must contain habitable space at least 20 feet deep measured from the front of the building to the back. Other portions which compose the rear of the building, structures further than 50 feet from the public road or that are otherwise not directly visible from the public way are exempt. The intent of this provision is to create a stronger and more traditional public street wall within the B-1 Districts.
(4)
Multiple-building designs. Campus-like development designs will be encouraged. To this end:
(a)
Site development plans with multiple buildings should create a campus-like outdoor environment where the buildings work together to create meaningful outdoor public spaces, gardens or plazas which create attractive areas to walk from one building to another.
(b)
Landscaping plans should address streetscape aesthetics so that as development occurs an attractive streetscape will be ensured along the roads with parking areas concealed from view behind buildings or broken up into smaller components.
(c)
Curb cuts must be minimized, and adjacent uses may be required to combine accesses.
(5)
Accessory dwelling units. A dwelling unit accessory to a premises principally used for office, retail, tourist accommodation, warehouse, or personal service activity may be permitted in accordance with § 57-45.
(6)
Existing buildings. Existing structures undergoing small or moderate expansion are not required to comply with the two-story frontage height and rear parking requirements of this district so as to not create an undue burden on existing businesses which may not be able to comply due to site or building constraints. Existing structures are, however, encouraged to work toward the goals of reducing parking in the front yard area, creating mixed-use or multistory opportunities and providing a more pedestrian-friendly streetscape.
§ 57-22 General Business District (B-2).
A.
Intent. The intent of the B-2 District is to provide contained areas for low- to medium-density commercial highway development along the traveled corridors which permits uses which would otherwise not be appropriate for the more pedestrian-oriented B-1 and residential districts.
B.
Permitted uses.
[Amended 1-20-2021 by L.L. No. 1-2021; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Animal; boarding, veterinary services |
Animal; boarding; commercial kennel |
Boarding; hotel or motel |
Civic; public facility, bank or government office |
Civic; religious facility |
Health/medical office or clinic, outpatient |
Parking; off-street or garage |
Recreation; private veteran/fraternal or social club |
Recreation; indoor, assembly or auditorium |
Recreation; commercial amusement |
Residential; one-family*, two-family*, multifamily* |
Restaurant; indoor, fully enclosed |
Restaurant; with outdoor seating |
Restaurant; with drive-through or curb service |
Restaurant; bar or tavern |
Retail; single tenant, < 15,000 square feet |
Retail; single tenant |
Retail; multitenant shopping center |
Retail; with drive-through |
Retail; landscaping/gardening with outdoor display |
Retail; on-site manufacturing and sales |
Services; personal care |
Services; professional office |
Storage; wholesaling/warehousing, off-site |
Storage; wholesale/distribution center, three truck bays |
Transport; public transit passenger station |
NOTES: |
* Existing on or before June 11, 2008. |
C.
Special use permit uses.
Automotive; service, wash or storage |
Automotive; gas station |
Automotive; sales, new or used |
Health/medical; hospital or clinic, inpatient |
Industry; light, general nonnuisance |
Industry; light, printing and publishing |
Parking; off-street or garage, commercial vehicles |
Recreation; outdoor assembly or amphitheater |
Utility; public service |
Utility; small aboveground structure |
Utility; transmitting or communications tower |
Utility; municipal works yard or structure |
D.
Accessory uses.
Accessory; dwelling unit (SP) as per § 57-45 |
Home occupation (SP) |
Parking, off-street or garage |
Parking, off-street or garage, commercial vehicles (SP) |
Storage; indoors, merchandise in stock |
Storage; outdoors, merchandise in stock |
Structure; commercial garage or shed (SP) |
NOTES: | |
|---|---|
(SP): By special use permit. |
E.
Area and bulk schedule.
Minimum Lot Dimensions | ||
|---|---|---|
Area (square feet) | 21,780 | |
Width (feet) | 100 | |
Minimum Yard Dimensions | ||
Front (feet) | 25 | |
Side (feet) | 12† | |
Rear (feet) | 12† | |
Maximum building coverage | 35% | |
Density (dwelling units per acre) | N/A | |
Maximum building height (feet) | 50 | |
NOTES: | |
|---|---|
† | No setback required if constructed of an approved party wall/fire wall in accordance with New York State Fire Codes and Code Enforcement Official approval. |
§ 57-23 Corporate Office Only District (O).
A.
Intent. The Corporate Office Only District is intended to encourage a grouping of office uses, easily accessible by major roads, built to a high standard and primarily intended for corporate office centers and office buildings.
B.
Permitted uses.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Civic; public facility, bank or government office |
Civic; religious facility or cultural facility |
Industry; light, research and development lab |
Parking; off-street or garage |
Recreation; public, outdoor park or campground |
Residence; one-family residence* |
Residence; two-family residence* |
Services; professional office |
NOTES: |
* Existing on or before June 11, 2008. |
C.
Special use permit uses.
Health/medical office or clinic, outpatient |
Health/medical; hospital or clinic, inpatient |
School; nursery, day care, elementary or high |
School; university, college or trade |
Transport; heliport |
Utility; public service |
Utility; small aboveground structure |
Utility; transmitting or communications tower |
Utility; municipal works yard or structure |
D.
Accessory uses.
Accessory; dwelling unit (SP) as per § 57-45 |
Accessory; retail or services |
Boarding; dormitory (SP) |
Home occupation (SP) |
Structure; commercial garage or shed |
Structure; customary garage, shed or greenhouse |
Parking, off-street or garage |
Parking, off-street or garage, commercial vehicles (SP) |
NOTES: | |
|---|---|
(SP): | By special use permit |
E.
Area and bulk schedule.
Minimum Lot Dimensions | ||
|---|---|---|
Area | 5 acres | |
Width (feet) | 400 | |
Minimum Yard Dimensions | ||
Front (feet) | 25 | |
Side (feet) | 12 | |
Rear (feet) | 25 | |
Maximum building coverage | 35% | |
Density (dwelling units per acre) | N/A | |
Maximum building height (feet) | 50 | |
F.
Specific district standards.
(1)
Site plans. All new uses and structures, and all changes of use, shall require site plan review and approval in accordance with the procedures and requirements stated within § 57-72 of this chapter.
(2)
Professional offices. The minimum floor space for a professional office building shall be 10,000 square feet.
(3)
Special review criteria. Campus-like development designs will be encouraged. To this end:
(a)
Landscaping plans should specifically address streetscape aesthetics, so that as development occurs, an attractive streetscape will be ensured along the major roads and large expanses of parking will be broken up and/or hidden from view at all times.
(b)
Curb cuts must be minimized, and adjacent uses may be required to combine accesses.
(c)
Site development plans should address the pedestrian environment for visitors and employees, creating a campus-like outdoor environment where the buildings work together to create meaningful outdoor public spaces and walkability from one building to another.
(d)
Designs which integrate and protect existing wetland areas into the landscape design without disturbing them are encouraged through the use of trails, public access and or recreation areas.
§ 57-24 Corporate Office/Regional Commercial District (OC).
A.
Intent. The Corporate Office/Regional Commercial District is intended to permit and encourage a grouping of office and commercial uses, easily accessible by major roads, and built to a high standard. The intended uses include corporate office centers, tourist accommodations, convention centers, and regional-level commercial uses such as a regional shopping center. The regulations are designed to encourage large-scale campus-type developments, and to discourage a strip form of development.
B.
Permitted uses.
Agriculture; horticulture and farming, general |
Animal; boarding, horse farm or stables |
Boarding; hotel |
Civic; public facility, bank or government office |
Civic; religious facility or cultural facility |
Health/medical; cemetery |
Industry; retail, food product manufacturing |
Industry; light, printing and publishing |
Industry; light, general nonnuisance |
Parking; off-street or garage |
Parking; off-street or garage, commercial vehicles |
Recreation; indoor, assembly or auditorium |
Recreation; public, outdoor park or campground |
Restaurant; as per § 57-24F(1)(c). |
Residence; one- or two-family residence* |
Retail; single tenant or multitenant |
Retail; single tenant, < 15,000 square feet |
Retail; landscaping/gardening with outdoor display |
School; university, college or trade |
Services; personal care* or professional office |
NOTES: |
* Existing on or before June 11, 2008. |
C.
Special use permit uses.
Agriculture; livestock or dairy |
Boarding; convention center with hotel |
Health/medical; crematory |
Health/medical; hospital or clinic, inpatient |
Health/medical; offices or clinic, outpatient |
Industry; light, research and development lab |
Industry; light, assembly and fabrication |
Recreation; private veteran/fraternal or social club |
Recreation; commercial amusement |
Storage; wholesaling/warehousing, off-site |
Storage; self-storage rental facility |
Transport; airport, private airstrip or heliport |
Utility; public service |
Utility; small aboveground structure |
Utility; transmitting or communications tower |
Utility; municipal works yard or structure |
D.
Accessory uses.
Accessory; dwelling unit (SP) as per § 57-45 |
Accessory; retail or services |
Boarding; dormitory (SP) |
Storage; indoors, merchandise in stock |
Structure; commercial garage or shed |
Structure; customary farm building |
Structure; customary garage, shed or greenhouse |
Home occupation (SP) |
Parking, off-street or garage |
Parking, off-street or garage, commercial vehicles |
NOTES: | |
|---|---|
(SP): By special use permit |
E.
Area and bulk schedule.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Minimum Lot Dimensions | ||
|---|---|---|
Area (square feet) | 5 acres | |
Width (feet) | 400 | |
Minimum Yard Dimensions | ||
Front (feet) | 25 | |
Side (feet) | 12 | |
Rear (feet) | 25 | |
Maximum building coverage | 35% | |
Density (dwelling units per acre) | N/A | |
Maximum building height (feet) | 50 | |
F.
Specific district standards.
(1)
Specific use regulations.
(a)
Professional offices. The minimum floor space for a professional office building shall be 10,000 square feet.
(b)
Accessory retail or services.
[1]
Are permitted as accessory and secondary to a hotel, or convention center. In this case, the retail and service component shall not exceed 15% of the total floor area; or
[2]
Are permitted in a shopping center, mall, or combination shopping center/office center. In this case, the minimum lot size shall be 20 acres; or
[3]
Are permitted as accessory and secondary to an office building. In this case, the retail and service component shall not exceed 5% of the total floor area.
(c)
Restaurants. Restaurants with both indoor and outdoor seating are permitted as accessory and secondary to a hotel, convention center, mall, shopping center, or office building, or, if an independent use, with a minimum seating capacity of 200; restaurants existing on or before the date of this section are permitted as a preexisting use. Must list appropriate land uses.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(2)
Site plans. All new uses and structures, and all changes of use, shall require site plan review and approval in accordance with the procedures and requirements stated within § 57-72 of this chapter.
(a)
Campus-like development designs will be encouraged. To this end:
[1]
Landscaping plans should address streetscape aesthetics, so that as development occurs, an attractive streetscape will be ensured along the roads and large expanses of parking will be broken up and/or hidden from view at all times.
[2]
Curb cuts must be minimized, and adjacent uses may be required to combine accesses.
[3]
Site development plans should address the pedestrian environment for visitors and employees; creating a campus-like outdoor environment where the buildings work together to create meaningful outdoor public spaces and walkability from one building to another.
[4]
Designs which integrate and protect existing wetland areas into the landscape design without disturbing them are encouraged through the use of trails, public access and or recreation areas.
§ 57-25 Corporate Office/Light Industrial District (OI).
A.
Intent. The OI District is intended to permit and encourage the development of light manufacturing, research, offices and warehousing uses which do not require rail or water access.
B.
Permitted uses.
Agriculture; livestock or dairy |
Civic; cultural facility |
Civic; public facility, bank or government office |
Industry; light, assembly and fabrication |
Industry; light, printing and publishing |
Industry; light, general nonnuisance |
Industry; light, research and development lab |
Industry; machinery repair or storage garage |
Industry; retail, food product manufacturing |
Industry; recycling and materials reuse |
Parking; off-street or garage |
Parking; off-street or garage, commercial vehicles |
Recreation; indoor, assembly or auditorium |
Recreation; public, outdoor park or campground |
School; university, college or trade |
Services; professional office |
Storage; wholesale/distribution center < 3 truck bays |
Storage; wholesaling/warehousing, off-site |
C.
Special use permit uses.
Animal; boarding, veterinary services |
Health/medical office or clinic, outpatient |
Health/medical; hospital or clinic, inpatient |
Industry; extractive operation or soil mining |
Recreation; private veteran/fraternal or social club |
Recreation; commercial amusement |
Transport; airport, private airstrip |
Transport; public transit passenger station |
Transport; heliport |
Utility; public service |
Utility; small aboveground structure |
Utility; transmitting or communications tower |
Utility; municipal works yard or structure |
D.
Accessory uses.
Accessory; dwelling unit (SP) as per § 57-45 |
Accessory; retail or services |
Animal; boarding, private stable |
Parking, off-street or garage |
Parking, off-street or garage, commercial vehicles |
Storage; indoors, merchandise in stock |
Storage; outdoors, merchandise in stock |
Structure; customary farm building |
Structure; customary garage, shed or greenhouse |
Structure; commercial garage or shed |
NOTES: | |
|---|---|
(SP): By special use permit |
E.
Area and bulk schedule.
Minimum Lot Dimensions | ||
|---|---|---|
Area (square feet) | 3 acres | |
Width (feet) | 300 | |
Minimum Yard Dimensions | ||
Front (feet) | 35 | |
Side (feet) | 12 | |
Rear (feet) | 25 | |
Maximum building coverage | 35% | |
Maximum building height (feet) | 50 | |
F.
Specific district standards.
(1)
Site plans. All new uses and structures, and all changes of use, shall require site plan review and approval in accordance with the procedures and requirements stated within § 57-72 of this chapter.
(a)
Landscaping plans should address streetscape aesthetics, so that as development occurs, an attractive streetscape will be ensured along the public roads.
(b)
Curb cuts must be minimized, and adjacent uses may be required to combine accesses.
(c)
Designs which integrate and protect existing wetland areas into the landscape design without disturbing them are encouraged through the use of trails, public access and or recreation areas.
§ 57-26 Coastal Industrial District (CI).
A.
Intent. The CI District is intended to permit and encourage the development of light manufacturing and warehousing uses appropriate along the waterfront which require access to the river, rail line or require large quantities of water.
B.
Permitted uses.
Adult establishment |
Agriculture; horticulture and farming, general |
Agriculture; livestock or dairy |
Agriculture; farm stand or market |
Industry; light, general nonnuisance |
Industry; light, printing and publishing |
Industry; light, assembly and fabrication |
Industry; light, research and development lab |
Recreation; public, outdoor park or campground |
Parking; off-street or garage |
Transport; bus, railroad, truck, ship repair/storage |
Storage; self-storage rental facility |
C.
Special use permit uses.
Automotive; service, wash or storage |
Industry; extractive operations or soil mining |
Industry; recycling and materials reuse |
Industry; machinery repair or storage garage |
Parking; off-street or garage; commercial vehicles |
Recreation; marina |
Storage; wholesale/distribution center 3+ truck bays |
Storage; wholesaling/warehousing, off-site |
Storage; fuel or other hazardous materials |
Transport; public transport passenger station |
Utility; public service |
Utility; small aboveground structure |
Utility; transmitting or communications tower |
Utility; municipal works yard or structure |
D.
Accessory uses.
Accessory; dwelling unit (SP) as per § 57-45 |
Accessory; retail or service |
Animal; boarding, private stables |
Parking; off-street or garage |
Parking; off-street or garage, commercial vehicles |
Structure; commercial garage or shed |
Structure; customary farm building |
Structure; customary garage, shed or greenhouse |
Storage; indoors, merchandise in stock |
Storage; outdoors, merchandise in stock |
NOTES: | |
|---|---|
(SP): By special use permit. |
E.
Area and bulk schedule.
Minimum Lot Dimensions | ||
|---|---|---|
Area (square feet) | 10 acres | |
Width (feet) | 500 | |
Minimum Yard Dimensions | ||
Front (feet) | 50 | |
Side (feet) | 25 | |
Rear (feet) | 25 | |
Maximum building coverage | 35% | |
Density (dwelling units per acre) | N/A | |
Maximum building height (feet) | 50 | |
F.
Specific district standards.
(1)
Specific use regulations.
(a)
Restaurant. Restaurants with both indoor and outdoor seating are permitted as accessory and secondary to a permitted marina.
(2)
Site plans. All new uses and structures, and all changes of use, shall require site plan review and approval in accordance with the procedures and requirements stated within § 57-72 of this chapter.
(a)
Designs which integrate and protect existing wetland and river shoreline areas into the landscape design without disturbing them are encouraged through the use of trails, public access and or recreation areas.
(b)
Development plans shall be designed to minimize any conflict with existing adjacent agricultural operations. A minimum building setback of 100 feet is required from an adjacent existing agricultural operation.
(c)
Development plans shall address streetscape aesthetics so that as development occurs, an attractive streetscape will be ensured along the major roads.
(d)
Curb cuts must be minimized and adjacent uses may be required to combine accesses.
(3)
Required waterfront access. In order to promote and protect publicly available access to the riverfront, all new development with water frontage along the Hudson River must provide a continuous pedestrian esplanade along the width of the property adjacent to the waterway as a recreational trail. This esplanade must link to any esplanade(s) on adjacent properties, and must also be linked to a public right-of-way by a waterfront access path.
(a)
The waterfront access paths to and from the public way may be provided through the ground floor interior of a building on the site and be restricted during business closing hours.
(b)
Waterfront access paths should be identified as a throughway to and from the water with a Town-approved sign and provides a view of the water from the public way.
(c)
Waterfront access paths may be provided along a side property line so that it is a shared access arrangement with the neighboring property. Such paths would meet the waterfront access requirements of both properties simultaneously.
(d)
At least one public bench and trash receptacle should be provided no less than every 200 feet along a waterfront access path or pedestrian esplanade.
(e)
Waterfront access paths and pedestrian esplanades should be illuminated with Town-approved lamps at least once every 50 feet.
§ 57-27 Watercourse Management Overlay District (WMO).
A.
Intent. The purpose of the Watercourse Management District includes the following:
B.
Location. Watercourse Management Overlay Districts are hereby established for a horizontal distance 50 feet from the high-water mark of ponds and lakes and from the nearest bank of streams and rivers. The controls described below are to be superimposed on any other district regulations in the Watercourse Management District. The water bodies covered by the Watercourse Management District have been classified by the New York State Department of Environmental Conservation (NYSDEC) as designated water classes "AA" through "D."
C.
Approvals. Before any improvements are made on any public or private property or public place within the Watercourse Management District, the project must first be given approval by the Town Planning Board. No permits shall be issued nor shall any encroachment on public places be permitted until such approval is secured. The applicant is responsible for indicating any water bodies and their fifty-foot overlay boundary on their proposed site plans and obtaining any permits required by other authorities.
D.
Submission requirements.
(1)
Within any Watercourse Management District, the following shall be submitted to the Planning Board for review and approval:
(a)
Any plans for new buildings, structures, or signs including a general location map; site plan showing location of building, topography, access to the property, setbacks, yards and parking areas; landscape plan including grading, drainage and planting; water supply and sewage disposal facilities.
(b)
Any plans for renovation, remodeling, or reconstruction of existing buildings, structures, or signs shall include plans similar to those required in Subsection D(1)(a) above.
(c)
Site and planting plans for any playground, park, or parking lot.
(d)
Erosion control plans when grading or disturbance of soil will be undertaken.
(e)
Location of 100-year floodplains.
(f)
Federal wetlands and state-designated wetlands.
(g)
Areas of significant habitats.
(h)
Any permits required/obtained from other authorities.
(2)
In reviewing the plans, the Planning Board shall give consideration to:
(3)
Nothing in this section shall be construed to prevent ordinary maintenance or repair or any structure within the Watercourse Management District; nor shall anything in this section be construed to prevent the construction, alteration, repair, moving, or demolition or any structure under a permit issued by the Zoning Office, prior to the adoption of these regulations.
(4)
The Planning Board may employ experts for advice and counsel regarding the objectives of this section and for this purpose may incur such expenses as may be necessary and proper, not exceeding the appropriation that may be made for such Planning Board.
§ 57-28 Planned Development District.
A.
Intent. The Planned Development District (PDD) is intended to encourage creative, compact development while fostering community amenities such as a usable open space system for residents and nearby neighborhoods throughout the Town. Approved PDDs will address the unique environmental, physical and cultural resources of the project area and neighborhood through a customized, site-specific master plan and accompanying regulatory framework.
B.
The PDD procedure provides a flexible land use and design regulation through the use of performance criteria so that development may be matched with sensitivity to the unique characteristics of its site and innovative development techniques may be accommodated that might not otherwise be possible through strict application of standard zoning and subdivision requirements. The conventional use, area, bulk and density specifications set forth by other sections of this chapter are intended to be replaced by the approved PDD plan, which then becomes the basis legislatively established by the Town Board for detailed design, review and control of subsequent development.
C.
While flexibility in substantive regulations is thus encouraged, it is intended that this uniform procedure and the required conformance with the Comprehensive Plan, municipal service capability, and the purposes of this chapter shall ensure the general welfare through equal treatment under the law, as well as precise control of all aspects of the development as approved.
D.
General criteria. The legislative determination to establish a PDD shall be based upon the following standards:
(1)
Location. A PDD may be established at any location within the Town, except within the A-R or R-OS Districts, if the objectives and provisions of this article are satisfied as determined by the Town Board.
(2)
Developable area. The minimum development area required to qualify for a PDD shall be 20 adjacent acres of land in the case of residential or general use, and 10 adjacent acres in the case of commercial or light industrial uses. The calculation of such land area shall not include existing streets, easements, parks, or otherwise dedicated land or water areas in excess of 5% of the minimum gross acreage, lands designated by the Town Board, including as may be shown on the Official Map for public purposes, or lands undevelopable by reasons of topography, drainage, periodic inundation by floodwaters, or adverse subsoil conditions. Sites proposed for development for two or more use classifications shall consist of the aggregate of the gross land areas required for each use.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(3)
Ownership. The tract of land for a project may be owned, leased or controlled either by a single person or corporation, or by a group of individuals or corporations. An application must be filed by the owner or jointly by the owners of all property included in the project or contract vendee(s) or holder of bona fide purchase option. In the case of multiple ownership, the approved plan and all amendments shall be binding on all owners and all successors in title and interest.
(4)
Permitted uses in PDDs. The classification and mix of uses permitted within an area designated as a PDD shall be determined by the provisions of this section and the approved plan of the project concerned. During consideration of the rezoning request, the Town Board may determine that specific uses are inappropriate for certain locations of Town and establish a refined list on a case-by-case basis. This final list would be established for each PDD application and included in the PDD legislation and SEQR findings statement.
(a)
For a PDD which occurs upon the rezoning of lands heretofore zoned in primarily residential districts, the approvable land uses shall be restricted to the following:
[1]
Residences which may be of any variety of type as appropriate within the intent and objectives of this PDD regulation;
[2]
Private garages, storage spaces, recreational and community facilities as appropriate within the PDD; and
[3]
Limited commercial, service and other nonresidential accessory uses scaled to primarily serve the residents of the PDD and which are in keeping with the scale and, size and traffic of the neighborhood and its structures.
(b)
PDDs created through the rezoning of lands elsewhere in the Town may additionally include the following land uses:
E.
Intensity of residential land uses. In order to provide additional amenities to the Town, and prior to incentives or bonuses, the residential density allowed within a PDD shall be determined according to the following standards:
(1)
Where a PDD occurs by a rezoning of a prior residential district, the density shall not exceed the base density otherwise permitted per developable area in the District Area and Bulk Schedule for that district. The project amenity package will be considered for potential incentive to allow an increased density and/or smaller lot size per developable area above that base density.
(2)
Where a PDD occurs by a rezoning of a prior nonresidential district and/or inclusion of residential uses in districts where residential is currently not permitted, the base residential density shall not exceed two units per acre of developable area which shall also exclude areas used for nonresidential uses. Allowance of and any increases in residential density per developable area above the base shall be determined on the amenity package provided as part of the planned development.
(3)
Amenity package shall include provision of on-site and/or off-site amenities beyond measures required to service the needs of the subject project and/or beyond the measures needed to mitigate the impact of the subject project. The amenities may include but not be limited to the following:
(a)
Open space system open to the public including a comprehensive multipurpose path system and conservation lands (including developable land) permanently protected by conservation easement or other measure acceptable to the Town.
(b)
Recreation amenities including parks, athletic fields beyond that required for the immediate residents of the project.
(c)
Provision for the enhancement of public facilities including the public water, wastewater (sewage) and community services/public safety/transportation facilities.
(d)
Housing facilities for persons of low to moderate income.
(e)
Cash payment to the Town for improvements or acquisition of public/community facilities such as parks, trails, water, sewer, etc.
(4)
Where the Town Board determines that a suitable community benefit or amenity is not immediately feasible, or otherwise not practical, the Board may require, in lieu thereof, a payment to the Town of a sum to be determined by the Board. These funds shall be deposited in a trust fund to be used by the Town board exclusively for community benefits or amenities as defined herein.
(5)
Increase or bonus in density and/or change in permitted land use provided by the Town in the PDD shall be commensurate with the amenity or benefit provided. As a general guideline, the amenity package proposed must be commensurate with any density increase or use change proposed, based on each additional unit beyond the base or allowed residential density and/or per 1,000 square feet of previously not permitted nonresidential (e.g., commercial) use. The Town Board may establish and maintain a required amenity schedule which outlines cash or equivalent reimbursements.
F.
Approval procedure.
(1)
Application. Application for establishment of a PDD shall be made in writing to the Town Board, include the information detailed in § 57-28F(1)(b), and shall be accompanied by the applicable fee in accordance with the fee schedule established and annually reviewed by the Town Board. The Town Board shall refer the application to the Town Planning Board and its professional planning consultant for review and recommendation within 30 days of the date of application. The Town Board is under no specific obligation to accept a PDD application.
(a)
Preapplication meetings. Prior to submission of a formal application, all PDD applicants are required to present preliminary concepts to the Town Planner, Town Board, and Planning Board. Prior to accepting a formal application, the Town Board may determine that such a meeting is necessary and require an informal, preapplication meeting or meeting(s) be held.
(b)
Application materials. For each formally submitted PDD application, the applicant shall furnish maps, images, graphics and narrative which clearly demonstrate the following minimum levels of information:
[1]
The proposed PDD site's existing conditions including but not limited to:
[a]
Boundaries of the proposed PDD;
[b]
All properties within 1,000 feet of the proposed PDD including ownership, zoning, and current land use;
[c]
Existing zoning of the proposed PDD;
[d]
Topography and subsoil conditions;
[e]
Wetlands, floodplains, watercourses, ponds and other water resources on the site;
[f]
Existing land uses;
[g]
Existing conditions site photographs including aerial photographs;
[h]
Cultural or historical structures or sites within the proposed PDD or 1,000 feet vicinity.
[2]
[3]
Payment into an escrow account of estimated costs for review of application by Town's planning, engineering, and other required consultants.
[4]
Development standards element. The development standards element shall become the applicable regulations under this chapter for the physical development within the proposed planned development district. Where standards are not changed or established in the PDD, the standards of the underlying zoning district shall be noted appropriately. The PDD shall include a summary table identifying the following standards where applicable:
[a]
Permitted uses, conditional and accessory uses.
[b]
Maximum development intensity of residential uses.
[c]
Floor area ratio for nonresidential uses.
[d]
Lot coverage.
[e]
Height.
[f]
Build-to distances from public and private ways.
[g]
Setbacks for structures and parking areas.
[h]
Minimum lot size.
[i]
Parking requirements.
[j]
Minimum lot frontages and building massing.
[k]
Landscaping.
[l]
Preservation of historic structure(s).
[m]
Preservation of open space and natural areas.
[n]
Mobility (bikes, pedestrians, etc.) through the district.
[o]
Design standards and guidelines.
[p]
Any other information that may be required by the Planning Board for a reasonable understanding of the nature and character of the proposed development.
G.
Planning Board review. In its review of the application, the Planning Board shall generally follow the procedure established within the Town's land subdivision regulations for preliminary plat review of a major subdivision.
(1)
The Planning Board shall additionally consider, among other factors, the following:
(a)
The need for the proposed land use or uses at the proposed location;
(b)
The existing character of the neighborhood in which the use or uses would be located;
(c)
The location of principal and accessory buildings on the site in relation to one another;
(d)
The pedestrian circulation and open space in relation to structures;
(e)
The traffic circulation features within the site, and the amount, location, and access to automobile parking areas.
(2)
The Planning Board may recommend at this stage such changes in the proposed PDD plans that it deems necessary to protect established or permitted uses in the vicinity, promote and protect the orderly growth and sound development of the Town, and otherwise meet the requirements of this chapter.
(3)
The Planning Board shall recommend approval, approval with modifications, or disapproval by the Town Board of such PDD application and shall report its findings to the Town Board within 90 days from days following the date of referral from said Board. The Planning Board may secure agreement from the applicant for an extended review period in order to address the reasonable questions, concerns, and changes to the concept plan recommended by the Planning Board prior to the Planning Board rendering its report to the Town Board.
H.
Town Board action. Upon receipt of the Planning Board's report, the Town Board may then consider the legal establishment of the PDD through Zoning Map amendment. The procedure followed shall be as specified in Article VII of this chapter. In particular, any application for creation of a PDD to accommodate commercial or light industrial uses shall be a Type 1 action under SEQR. In that this creation of a PDD is a legislative act of the Town, the Town Board is not legally bound in any way to approve any request for the creation of such district.
(1)
Town Board findings. As part of its written decision to approve, condition, and/or modify the proposed PDD the Town Board shall make the following findings:
(a)
That the project as a whole and uses proposed will add to the assets of the community and will advance the goals of the Town.
(b)
That the density and scale of the project and the overall site, architectural and landscape plans are compatible as appropriate with the current and planned community character of the neighborhood.
(c)
That any increase in density from the underlying zoning is commensurate with the overall benefit to the community.
(d)
That the State Environmental Quality Review (SEQR) requirements have been met.
(e)
Additional performance requirements which may have been specified by the Town Board in its PDD approval action may also be included in the findings statement.
I.
Relationship to other requirements. Upon approval of the PDD by the Town Board, application shall be made within 60 days for approval of all or some portion of the intended development, in accordance with the more specific review requirements of the Town's land subdivision regulations, the site plan review and approval procedure contained in § 57-72 herein, and other applicable regulations.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(1)
Additional performance requirements which may have been specified by the Town Board in its PDD approval action, such as a time limit for either initiation or completion of improvements and other construction work on the proposed development, shall also be strictly enforced, with the Town Board acting to return the property to its prior zoning classification unless the Town Board, upon specific application and for good cause, authorizes an extension of such performance requirement.
J.
Amendments to PDDs.
(1)
Exemptions. Proposed changes to a previously established PDD will be exempt from the formal amendment process if any or all of the following conditions are the only changes proposed:
K.
Determination of amendment: minor and major. The Code Enforcement Official shall determine whether a proposed amendment is a minor or major change to the approved site plan.
L.
Minor amendment. In making its determination, the Code Enforcement Official shall make findings of fact upon which the decision shall be based. The Official must find that the effect of approving the amendment would have no significant additional adverse impact on the site or nearby neighborhood relative to the impact of the previously approved plan. A minor amendment may be approved by the Planning Board subsequent to a public hearing.
M.
Major amendment. A major amendment is any change to a master plan and/or development standards and development program that has not been classified as "minor." A major amendment shall be approved by the following the process described in Subsection F, Approval procedure, of this section.
N.
Effect of conditions. All conditions imposed by the Town Board, including those the performance of which are conditions precedent to the issuance of any permit necessary for the development of any part of the entire site, shall run with the land and shall neither lapse nor be waived as a result of any subsequent change in the tenancy or ownership of any or all of said area. Such conditions shall further be a part of any certificate of occupancy or use issued for any use or structure in such development.
O.
Automatic termination.
[Added 7-18-2012 by L.L. No. 3-2012]
(1)
In the event any of the following actions are not taken within five years from the effective date of any PDD established under this section, such PDD shall be deemed null and void, and the zoning of these lands shall revert to their zoning classification existing immediately prior to such effective date:
(2)
Where any specific provision regarding automatic termination of a PDD has been established within a given PDD ordinance or local law, which provision conflicts with this section, that specific provision shall control for that PDD.
(3)
With respect to any PDD in existence as of the effective date of this section which does not contain provisions for the automatic termination of that PDD, such PDD shall be deemed null and void, and the zoning of these lands shall revert to their zoning classification existing immediately prior to the effective date of that PDD, in the event any of the following actions are not taken within three years of the effective date of this section:
(4)
The provisions above notwithstanding, the Town Board may, by resolution, exempt a specific PDD from termination, exempt a specific PDD from termination subject to further action of the Board, or lengthen the length of time prior to the automatic termination of a specific PDD.