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Kingsbury City Zoning Code

ARTICLE VI

District Regulations

§ 280-20 RF-5A Residential-Forestry District.

[Amended 4-13-1987]
A. 
Description. These areas contain soils, slopes and forms that, on the whole, are not desirable for continued agricultural use, that have already discontinued agricultural production or that never were in agricultural use. In addition, these areas usually contain less desirable soils for urban development than the residential-agricultural and low-density residential zones.
B. 
Purpose. The purpose of the RF-5A District is to prevent destructive development of the land, to retain areas for nonintensive uses, to prevent intensive development where it would be a burden to the Town and to retain open spaces.
C. 
Density. Primary uses are as forest land where forestry management practices are carried out, agricultural production where practical, single-family home sites at a density not less than five acres per house, outdoor recreation activities and other very-low-density and intensity uses desirable for rural areas.
D. 
Permitted uses. The following uses shall be permitted in the RF-5A District:
(1) 
Forestry.
(2) 
Farms, all classes.
[Amended 3-21-2005 by L.L. No. 1-2005; 8-15-2005 by L.L. No. 3-2005]
(3) 
Single-family dwellings.
(4) 
Nurseries and greenhouses.
(5) 
Accessory uses.
(6) 
Essential services.
E. 
Special permit. The following uses will be permitted in the RF-5A District upon a special permit being obtained from the Board of Appeals:
(1) 
Two-family dwellings.
(2) 
Temporary sawmills.
(3) 
Cemeteries.
(4) 
Water recreation and water storage other than for fire protection or agricultural purposes.
(5) 
Removal of fill, gravel, stone or loam.
(6) 
Public and nonprofit outdoor recreational facilities.
(7) 
Home industries.
(8) 
Home occupations.
(9) 
Essential service buildings.
F. 
Site plan review. The following uses will be permitted in the RF-5A District upon site plan review and approval by the Planning Board:
(1) 
Travel trailer parks.
(2) 
Summer camps and retreats.
(3) 
Churches.
(4) 
Public and nonprofit recreational buildings.
(5) 
Dog kennels.
(6) 
Timber harvesting involving the clear cutting of an area greater than five acres.
G. 
Minimum requirements.
(1) 
Minimum lot size. Minimum lot size shall be as follows:
[Amended 11-28-1988; 8-15-2005 by L.L. No. 3-2005]
Area
(acres)
Width
(feet)
5
400
(2) 
Minimum yard dimensions.
Front
(feet)
1 Side Yard
(feet)
Yards
(feet)
2 Side Rear
(feet)
50
50
150
100

§ 280-21 RA-1A and RA-M-1A Residential-Agricultural Districts.

[Amended 4-13-1987]
A. 
Description: a district that generally contains soils and slopes suitable for agriculture and for development. For reasons of access, topography and possible community facilities and utilities, such land should not be built on at a high density.
B. 
Purpose. The purpose of the RA-1A and RA-M-1A Districts is to accommodate houses at a low density for people wanting to live in a rural atmosphere but without interfering with prime agricultural areas. The continuation of forestry and agriculture is strongly encouraged. Other low-intensity uses are also permitted.
C. 
Density. A one-acre density is established to retain a rural atmosphere. This density may be increased to 25,000 square foot lots, if public water and sewer are provided.
[Amended 6-9-2014 by L.L. No. 3-2014]
D. 
Permitted uses. The following uses shall be permitted in the RA-1A and RA-M-1A Districts:
(1) 
Single-family dwellings.
(2) 
Mobile homes (NOTE: RA-M-1A Districts only).
(3) 
Forestry.
(4) 
Accessory uses.
(5) 
Farms, all classes, and nurseries, including the display and sale of products raised in connection with a nursery.
[Amended 3-21-2005 by L.L. No. 1-2005; 8-15-2005 by L.L. No. 3-2005]
(6) 
Home occupations.
(7) 
Essential services.
E. 
Special permit. The following uses will be permitted in the RA-1A and RA-M-1A Districts upon a special permit being obtained from the Board of Appeals:
(1) 
Two-family residential.
(2) 
Water recreation and storage.
(3) 
Essential service buildings.
(4) 
Farms engaged in the raising and sale of hogs, pigs and fur-bearing animals as a major source of income.
(5) 
Home industry.
(6) 
Kennels.[1]
[1]
Editor's Note: Former Subsection E(7), Riding stables, which immediately followed this subsection, was repealed 3-21-2005 by L.L. No. 1-2005. See now § 280-21F(6).
F. 
Site plan review. The following uses will be permitted in the RA-1A and RA-M-1A Districts upon site plan review and approval by the Planning Board:
(1) 
Noncommercial public and private recreational use.
(2) 
Multifamily dwellings.
(3) 
Churches.
(4) 
Public and semipublic uses compatible with rural residential use.
(5) 
Professional offices.
(6) 
Riding stables and equine recreational uses.
[Added 3-21-2005 by L.L. No. 1-2005]
G. 
Minimum requirements.
(1) 
Minimum lot size. Minimum lot size shall be as follows:
[Amended 11-28-1988; 8-15-2005 by L.L. No. 3-2005]
Area
(acres)
Width
(feet)
1*
200
*
NOTE: One and one-half lot size for duplex; 10,000 square feet for clustering.
(2) 
Minimum yard dimensions.
Front
(feet)
1 Side Yard
(feet)
2 Side Yards
(feet)
Rear
(feet)
50
50
100
50
*
NOTE: Properties fronting on a state highway shall provide for an additional 30 feet of setback.

§ 280-22 LDR-25 and LDR-15 Low-Density Residential Districts.

[Amended 4-13-1987]
A. 
Description: areas that generally have suitable soils and slopes for urban development, are accessible to other population centers, are feasible to serve with public water and sewer and are generally outside the prime agricultural areas.
B. 
Purpose. The purpose of the LDR-25 and LDR-15 Districts is to accommodate a high percentage of the population growth where it can be provided with adequate facilities and utilities at densities attractive to development, leaving prime agricultural areas free of scattered development which would destroy agricultural pursuits.
C. 
Density. There are two different densities associated with LDR Districts. An LDR-25 District allows one dwelling unit for every 25,000 square feet, and an LDR-15 District allows one dwelling unit for every 15,000 square feet.
D. 
Permitted uses. The following uses shall be permitted in the LDR-25 and LDR-15 Districts:
(1) 
Single-family dwellings.
(2) 
Accessory uses.
(3) 
Public recreational facilities.
(4) 
Essential facilities.
E. 
Special permit. The following uses will be permitted in the LDR-25 and LDR-15 Districts upon a special permit being obtained from the Board of Appeals:
(1) 
Two-family residential.
(2) 
Essential service buildings.
(3) 
Nursery schools.
(4) 
Day-care centers.
(5) 
Professional offices incidental to home use.
(6) 
Home industry.
(7) 
Home occupations.
F. 
Site plan review. The following uses will be permitted in the LDR-25 and LDR-15 Districts upon site plan review and approval by the Planning Board:
(1) 
Multifamily dwelling projects.
(2) 
Multidwelling projects, conversion.
(3) 
Professional offices.
(4) 
Hobby farms and nurseries, including the display and sale of products raised in connection with a nursery.
[Amended 8-15-2005 by L.L. No. 3-2005]
(5) 
Planned unit developments.
(6) 
Churches.
G. 
Minimum requirements.
(1) 
Minimum lot size.
District
Area
(square feet)
Width
(feet)
LDR-25
25,000*
150
LDR-15
15,000*
100
*
NOTE: One and one-half lot size for duplex; 10,000 square feet for clustering.
(2) 
Minimum yard dimensions.
District
Front*
(feet)
1 Side Yard
(feet)
2 Side Yards
(feet)
Rear
(feet)
LDR-25
40
25
75
50
LDR-15
40
20
40
35
*
NOTE: Properties fronting on a state highway shall provide for an additional 30 feet of setback.

§ 280-23 Com-1A Commercial District.

[Amended 5-12-1986 by L.L. No. 1-1986]
A. 
Description. These areas are intended for commercial development. They are located along main highways with heavy-duty roadbeds intended to facilitate ease of transportation for supplies as well as general traffic for commercial developments.
B. 
Purpose. These areas are intended to promote the development of stores, production of commercial goods and other types of commercial services, to give balance to the development of the Town of Kingsbury, to promote development on existing arteries and to discourage scattered development on secondary roads.
C. 
Density. A one-acre minimum is established. However, developments in excess of this will be largely encouraged and favored. These areas should be relatively large to provide for a selection of stores and/or adequate parking. One principal building of up to 16,000 square feet of gross floor area will be allowed for every one acre within this zone.
D. 
Permitted uses. Businesses may include the following, but are not limited to:
(1) 
Retail and/or wholesale businesses.
(2) 
Tourist accommodations.
(3) 
Personal and professional services.
(4) 
Banks.
(5) 
Theaters.
(6) 
Commercial recreation.
(7) 
Commercial storage building.
(8) 
Auto, farm and construction equipment sales/service.
(9) 
Social clubs, halls and fraternal organizations.
(10) 
The manufacture of products where a maximum of 10 persons is engaged or employed on the manufacturing portion of the enterprise.
(11) 
Warehousing and trucking terminals.
(12) 
Dwelling units in combination with permitted uses operated by the resident of the dwelling.
(13) 
Multifamily dwellings.
(14) 
Customary farming operations on land which is part of a farm included within the boundaries of the district.
(15) 
Public utility unit substations necessary for the service of the area.
(16) 
Single-family dwellings.
[Added 3-21-2005 by L.L. No. 1-2005]
E. 
Permitted accessory uses are as follows:
(1) 
Loading facilities.
(2) 
Parking facilities.
(3) 
Signs.
F. 
Minimum requirements are as follows:
(1) 
Lot and yard size.
Minimum Lot Size
Minimum Yard Sizes
Area
(acres)
Width
(feet)
Front*
(feet)
Side
(feet)
Rear
(feet)
1
150
50
20
20, except that a 50-foot side/rear yard is required adjoining residential zones
*
NOTE: Properties fronting on a state or county highway shall provide for an additional 30 feet of setback.
(2) 
Minimum percent of lot to be permeable: 25%.
G. 
Site plan review. All development within the Commercial District shall be subject to site plan review as described in Article VIII of this chapter.

§ 280-24 Ind-75 Industrial District.

[Amended 4-13-1987]
A. 
Description: an area with suitable space for manufacturing, processing and storage with access to various types of transportation, situated to have minimal impact on residential and other adjacent zones.
B. 
Purpose: to provide for the establishment of new industrial activities in areas already containing this type of activity, to encourage development of an industrial sector of the Town and to provide for the expansion of heavy industry without competition with other use types.
C. 
Density. Building(s) of up to 30,000 square feet in gross floor area will be allowed for every 75,000 square feet of site. For each additional 1,000 square feet of gross floor area, 2,000 square feet of land area will be required.
D. 
Permitted uses.
(1) 
Manufacturing operations, provided that the use meets standards of the State of New York.
(2) 
Sand and gravel processing.
(3) 
Building supply lumberyards and similar storage yards.
(4) 
Research and testing laboratories.
(5) 
Offices.
(6) 
Warehousing and trucking terminals.
(7) 
Public facilities and essential services.
(8) 
Heavy equipment sales or service.
(9) 
Accessory uses.
(10) 
All uses allowed in more restrictive zones.
(11) 
Junkyards. (Note: Junkyards shall not be permitted in any other zoning district.)
[Added 9-22-2008 by L.L. No. 5-2008[1]]
[1]
Editor's Note: This local law also provided that all existing junkyards located outside of the IND-75 District in the Town shall be deemed nonconforming pursuant to § 280-28.
E. 
Special permit.
(1) 
Asphalt plants.
(2) 
Cement manufacturing.
(3) 
Chemical processing.
(4) 
Commercial uses serving the industrial area.
(5) 
Essential service buildings.
F. 
Minimum requirements.
(1) 
Minimum lot size.
Area
(square feet)
Width
(feet)
75,000
200
(2) 
Minimum yard dimensions.
Front*
(feet)
Each Side Yard
(feet)
Rear
(feet)
40
25**
50**
NOTES:
*
Properties fronting on a state or county highway shall provide for an additional 30 feet of setback.
**
Increase to 100 feet when adjacent to other districts.
G. 
Exclusion. Any other use not specifically permitted, except accessory uses, shall be prohibited, including but not limited to hazardous waste.
H. 
Site plan review. All development within the Industrial District shall be subject to site plan review as described in Article VIII of this chapter.

§ 280-25 PIC-75 Park Industrial/Commercial District.

[Added 2-9-1998 by L.L. No. 3-1998]
A. 
Description: an area that is appropriate for a wide range of light industrial and commercial uses that are not detrimental to existing adjacent residential and agricultural uses.
B. 
Purpose: to establish an area in which a broad range of light industrial and compatible commercial uses can develop; to permit the continued light industrial and commercial uses and the expansion of those uses in the district; to prohibit heavy industrial uses which may have an adverse effect on the surrounding uses and adjacent districts.
C. 
Density: building(s) of up to 30,000 square feet in gross floor area will be allowed for every 75,000 square feet of site. For each additional 1,000 square feet of gross floor area, 2,000 square feet of land area will be required.
D. 
Permitted uses:
(1) 
Light manufacturing operations where the use meets the definition of "light manufacturing" put forth in this chapter.[1]
[1]
Editor's Note: See § 280-7, Definitions.
(2) 
Building supply lumberyards and similar storage yards.
(3) 
Research and testing laboratories.
(4) 
Offices.
(5) 
Warehousing for enclosed storage of goods and materials.
(6) 
Public facilities and essential services.
(7) 
Heavy equipment sales and service.
(8) 
Distribution plants.
(9) 
Construction companies.
(10) 
Essential service buildings.
(11) 
Retail and/or wholesale businesses.
(12) 
Commercial enclosed storage buildings.
(13) 
Truck, farm and construction equipment sales/service.
(14) 
Public utility unit substations necessary for the service of the area.
(15) 
Commercial greenhouses.
(16) 
Service businesses.
(17) 
Metal fabrication.
(18) 
Water recreation and storage, subject to the following conditions:
[Added 3-4-2024 by L.L. No. 1-2024]
(a) 
All boats, vessels, vehicles, or equipment shall be located on a trailer;
(b) 
All boats, vessels, vehicles, or equipment shall be properly titled and/or registered, as applicable;
(c) 
All boats, vessels, vehicles, or equipment may be stored outside of an enclosed building for a limited duration not to exceed nine months;
(d) 
All storage shall be properly screened from abutting properties and adjacent streets by an obscuring fence, wall, hedge, or landscaping wherever possible;
(e) 
Storage within an enclosed or partially enclosed building shall also be included in this definition;
(f) 
All boats, vessels, vehicles, or equipment shall be stored on impervious surfaces; and
(g) 
A logbook documenting owner, registration, and storage dates for all boats, vessels, vehicles, and/or equipment stored on the premises shall be kept and maintained on the premises. A copy of the logbook shall be provided to the Code Enforcement Officer upon reasonable request.
E. 
Minimum requirements.
(1) 
Minimum lot size:
Area
(square feet)
Frontage
(feet)
75,000
200
(2) 
Minimum yard dimensions:
[Amended 3-21-2005 by L.L. No. 1-2005]
Front*
Each Side Yard
(feet)
Rear
(feet)
40
25**
50**
NOTES:
*
Properties fronting on a state highway shall provide for an additional 30 feet of setback.
**
Double when adjacent to residential districts.
F. 
Exclusion. Any other use not specifically permitted, except accessory uses, shall be prohibited, including but not limited to hazardous waste disposal.
G. 
Site plan review. All development within the PIC-75 District shall be subject to site plan review as described in Article VIII of this chapter.[2]
[2]
Editor's Note: Original § 80-25, Planning Development District, was repealed 9-25-1989 by L.L. No. 2-1989. Subsequently § 80-25, PC-1A Plaza Commercial Zone, which immediately followed this section, was added 10-13-1992 by L.L. No. 4-1992 and repealed 3-21-2005 by L.L. No. 1-2005.