[Added 4-16-2025 by Res. No. 2025-27; amended 2-4-2026 by Ord. No. 2026-6]
The Youth-Oriented Recreational Overlay District is created to establish areas for more active recreation, which may require equipment and is open to the public with or without entry or activity fees. This may include, but is not limited to, game courts, covered, or uncovered ice hockey rinks, golf facilities, ball fields and similar uses. The Youth-Oriented Recreational Overlay District shall be made up of those parcels located east of Highway 12, north of Badlands Road and South of the intersection of Highway 12 and Herme's Road identified as of the date of enactment of this section as Parcel ID numbers 021-1059-00-175,020-1059-00-60, 020-1058-90-055, 020-1058-90-150, and 020-1058-60-050. The intent of this district is to supplement the underlying zoning classifications of the parcels included in this district and provide for additional permitted uses and uses allowed by special exception and also provide for additional restrictions and prohibited uses in the district. In the event there is a conflict between the requirements of the underlying zoning district for a parcel and the requirements and restrictions in this district, the requirements and restrictions in this district shall control.
A.
Permitted uses.
(1)
General farming including dairying, livestock and poultry raising (except chickens), nurseries, greenhouses and other similar enterprises or uses except for farms operated for the disposal or reduction of garbage, sewage, rubbish or offal, provided that no commercial greenhouses or buildings for the housing of livestock or poultry shall be located within 100 feet of any boundary of a residential lot other than that of the owner or lessee of such greenhouse or building containing such livestock or poultry.
(2)
Single-family residential dwelling or structures accessory to such use, provided that not more than two such dwelling units may be established upon a tract of land which exists as a single tract or parcel on the effective date of this chapter, and provided further that such dwelling is built to be occupied by a farm operator or employee.
(4)
Raising or maintaining farm animals (except chickens) in connection with a single-family or two-family dwelling under § 105-10G(3)(a). The standards of § 105-8G(3)(c) and (d) shall apply to the raising or maintaining of such animals on nonfarm parcels in the district.
(5)
Single-family residential dwellings and structures ancillary to such use when located on parcels of land not less than 20 acres in size.
(6)
Residential day-care facility.
(7)
Churches, public and parochial schools.
B.
Minimum lot area. Building or parts of buildings hereafter erected or structurally altered shall provide a lot area conforming to the minimum lot size standard specified in § 90-6C of Chapter 90, Subdivision of Land, as adopted August 2, 1976, or as hereafter amended; provided, however, that a building in existence on August 2, 1976, on a lot smaller than therein specified may be rebuilt in the event of its substantial destruction by fire or other casualty.
C.
Height. No building used for human habitation shall be more than 35 feet in height, with height measurements commencing at the level of the lowest usable floor (basement or ground story); provided, however, that residential buildings may be increased in height by not more than 10 feet or one story when all yards and other required open spaces are increased in width by one foot for each foot in height by which such building exceeds the normal height limit of the district.
D.
Side yard. There shall be a side yard on each side of a building.
(1)
The aggregate width of the side yards for the main building shall not be less than 25 feet and no single side yard shall be less than 10 feet wide, provided, further, that the highway setback regulations shall apply to all corner lots.
(2)
For lots less than 80 feet wide and of record as such at the date of the passage of this section, the aggregate width of the side yard shall be equivalent to three inches for each foot of the lot width, and no single side yard shall be less than 40% of the aggregate width; provided, further, that the buildable width of any lot shall not be reduced to less than 24 feet.
(3)
The minimum permitted side yard for an accessory building in a residence district shall be three feet, provided it is detached from the main building. When an accessory building is attached or connected to the main building, they shall be considered to be as one and the conditions set forth in Subsection D(1) above shall rule.
E.
Rear yard. There shall be a rear yard of not less than 25 feet in depth for any main building. Accessory buildings shall be provided with a minimum rear yard of not less than three feet.
F.
Special exceptions.
(1)
The following uses may also be allowed within the Youth-Oriented Recreational District as a special exception upon approval of the Town Board, as provided in § 105-33:
(a)
Youth-oriented recreational facilities owned and operated by nonprofit organizations or governmental entities.
[1]
Located with frontage on the north-south portion of Hwy 12 from Badlands Road to Hermes Road.
[2]
Hours of operation to be set as part of the special exception approval process.
[3]
If lighting of the outdoor recreation surface for the purpose of using the recreational surface for organized or recreational activities is desired, the lighting plan must conform to the following requirements. This section does not apply if the lighting of the outdoor recreational surface is for the sole purpose of safety or to prevent unauthorized activities.
[a]
Lighting shall be set to automatically shut off when there is no scheduled play and shall be turned off no more than one hour after the end of the recreational activity.
[b]
Light structures shall use cutoff or directional shielding and all lamps shall be aimed toward the athletic field area so as to minimize glare and light trespass onto adjacent properties.
[c]
The maximum allowable footcandles at any property line shall not exceed 0.1 footcandles.
[d]
Every such lighting system design and installation shall be certified by a qualified registered engineer as conforming to applicable restrictions of this Code.
[e]
Lighting design to adhere to the requirements as noted in the DarkSky Approved Outdoor Sports Lighting Program's or equivalent most recent publication and certification.
[f]
Maximum light tower height allowed per lighting standards.
[4]
Sound reproduction devices are permitted and shall conform with any applicable noise regulations of Chapter 64 of this Code.
[5]
Any organized event other than those normally associated with sporting events or practices must obtain a special event permit as defined in Chapter 68 of this Code.
[6]
Site plan approval is required for all improvements.
[7]
The Town may also require additional buffer yard landscaping to mitigate noise and lighting adjacent to residential districts.
G.
Prohibited uses. The Town, in order to protect the safety, health, and morals of the participants, and the Youth-Oriented Recreational Overlay District, find the following uses incompatible with the purposes of youth recreation, sports, athletic fields and youth activities, and are expressly prohibited in this district:
(1)
Refuse and garbage facilities.
(2)
Recycling centers (both ordinary recycling and garbage temporary storage on the athletic fields are allowed for such regular service pick up).
(4)
Waste or sewage treatment, and water treatment facilities or transfer stations.
(5)
Electrical substations, power generating facilities, or any electrical utility operations, including solar farms/generation.
(6)
Adult bookstores or adult entertainment businesses.
(7)
Cannabis, THC or CBD production, retail manufacture, hemp or cannabis farms, head shops, or similar enterprises involving cannabis, THC or CBD.
(8)
Off sale liquor stores or liquor warehouses.
(9)
Tobacco retailers or any business involved in the sale or business of tobacco distribution.
(10)
Mini storage and storage rental businesses.
(12)
Retail fireworks and fireworks storage.
The Board reserves the right to declare any proposed other use incompatible with youth athletic fields in order to protect the safety, health, and morals of the participants in the Youth-Oriented Recreational Overlay District.