Lancaster Town City Zoning Code
ARTICLE IV
Residential Districts
§ 400-13 Agricultural Residential Districts (A-R).
[Amended 12-6-2021 by L.L. No. 7-2021; 7-5-2022 by L.L. No. 6-2022;4-21-2024 by L.L. No. 1-2025 ]
In the Agricultural Residential District, the following regulations shall apply:
A.
Intent. To provide areas within the Town for low-density, rural and semirural single-family detached residential development to preserve and promote agriculture and to accommodate farming, farm-related, and other non-intensive compatible activities.
B.
Permitted structures and uses. Permitted structures and uses are set forth in Schedule A to this chapter[1] and are as follows:
(1)
Principal uses.
(a)
Agricultural activities; farms and farm operations, and buildings incident thereto.
(b)
Beekeeping, which shall be conducted in the rear yard and shall be kept 25 feet away from any lot line.
(c)
Church, synagogue, or any other place of public worship.
(d)
Forestry.
(e)
Kennel and the keeping of small animals, provided that:
[1]
Any structures, pens or runways for the housing thereof are not less than 100 feet from any lot line;
[2]
No manure or other odor- or dust-producing substance shall be stored within 100 feet of any lot line; and
[3]
Manure shall be stored in tightly covered containers which shall control odor and insects.
(f)
Private wildlife reservations or conservation projects.
(g)
Raising livestock and poultry on lots of not less than five acres, provided that:
[1]
All such animals shall be housed in a structure to ensure safety and protection from the elements;
[2]
Housing structures (barns, pens, runways, etc.) shall be a minimum of 100 feet from any lot line;
[3]
Fencing and other enclosures utilized for corralling shall keep the livestock and poultry a minimum of 15 feet from any lot line; and
[4]
Any manure or other odor- or dust-producing substance shall be stored a minimum of 100 feet from any lot line.
(h)
Single-family detached dwelling units. Attached or built-in garages shall be deemed part of the principal structure, except for minimum livable floor area requirement.
(j)
Veterinarian or small animal hospital.
(l)
Tier 2 battery energy storage systems as regulated by Article XII of this chapter, with a special use permit and site plan approval.
(m)
Composting, with a special use permit and site plan approval.
(n)
Golf courses, with a special use permit and site plan approval.
(o)
Picnic groves, with a special use permit and site plan approval.
(p)
Sand, gravel, and aggregate mining and extraction in the appropriate overlay district, with a special use permit and site plan approval.
(2)
Accessory uses.
(b)
Greenhouses and nurseries for public or private use.
(c)
Home occupations (with special use permit).
(d)
Office of a resident professional as permitted and regulated by this chapter.
(e)
Private and parochial schools and day-care centers accredited, when required, by New York State, when accessory to a church, synagogue or other place of public worship.
(f)
Private garages and parking areas, detached.
(g)
Private wildlife reservations or conservation projects.
(h)
Rooming and boarding of not more than three persons.
(i)
Roadside sales and display of agricultural products raised on the premises, provided that the roadside stand shall not exceed 300 square feet in net floor area.
(j)
Signs as permitted and regulated by this chapter.
(k)
Swimming pools.
(m)
Solar energy facilities, with a special use permit and site plan approval pursuant to the requirements of this chapter.
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
C.
Design regulations for principal and accessory structures and uses are set forth in Schedule B to this chapter.[2]
[2]
Editor's Note: Said schedule is included as an attachment to this chapter.
§ 400-14 Single-Family Residential (R).
In the Single-Family Residential District, the following regulations shall apply:
A.
Intent. To provide areas within the Town for medium-density single-family detached residential development where each dwelling unit must be located on an individual lot.
B.
Permitted structures and uses. Permitted structures and uses are set forth in Schedule A to this chapter[1] and are as follows:
(1)
Principal uses.
(a)
Church, synagogue or any other place of public worship.
(b)
Common recreational structure or use, provided that:
[1]
The land is owned by a homeowners' association or other common ownership and is maintained and used only by the members of the association or owners in common, and their families and guests;
[2]
The members or common owners are residents of the subdivision within which the structure or use is located; and
[3]
All buildings shall be located at least 75 feet from any adjoining residential lot line, and all other structures and uses are at least 25 feet therefrom.
(c)
Single-family detached dwelling units. Attached or built-in garages shall be deemed part of the principal structure, except for minimum livable floor area requirement.
(2)
Accessory uses.
(a)
Greenhouses, for private use only.
(b)
Home occupations (with special use permit).
[Amended 7-5-2022 by L.L. No. 6-2022]
(c)
Office of a resident professional as permitted and regulated by this chapter.
(d)
Private and parochial schools and day-care centers accredited, when required, by New York State, when accessory to a church, synagogue or other place of public worship.
(e)
Private garages and parking areas, detached.
(f)
Rooming and boarding of not more than three persons.
(g)
Signs as permitted and regulated by this chapter.
(h)
Swimming pools.
(i)
Solar energy facilities, with a special use permit and site plan approval pursuant to the requirements of this chapter.
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.
C.
As noted in § 400-4, Interpretation, any use not specifically listed as an approved as- of-right or specially permitted use is not allowed, including, but not limited to, outdoor display of merchandise, whether seasonal or otherwise, in the R District.
D.
Design regulations. Design regulations for principal and accessory structures and uses are set forth in Schedule B to this chapter.
§ 400-15 Multifamily Residential District (MF).
[Amended 7-5-2022 by L.L. No. 6-2022; 4-21-2024 by L.L. No. 1-2025]
In the Multifamily Residential District, the following regulations shall apply:
A.
Intent. The intent of the Multifamily Residential District is to:
(1)
Provide areas within the Town for the development of attached and detached dwelling units at higher densities where public sewers are available;
(2)
Encourage development that exhibits the physical design characteristics of pedestrian-oriented, and other uses that support neighborhood character; and
(3)
Promote the health and well-being of residents by encouraging physical activity, alternative transportation, and greater social interaction.
B.
Permitted structures and uses. Permitted structures and uses are set forth in Schedule A to this chapter[1] and are as follows:
(1)
Principal uses.
(a)
Attached dwelling units.
(b)
Church, synagogue or any other place of public worship.
(c)
Common recreational structure or use, provided that:
[1]
The land is owned by a homeowners' association or other common ownership and is maintained and used only by the members of the association or owners in common, and their families and guests;
[2]
The members or common owners are residents of the subdivision within which the structure or use is located; and
[3]
All buildings shall be located at least 75 feet from any adjoining residential lot line, and all other structures and uses are at least 25 feet therefrom.
(d)
Multifamily housing.
(e)
Single-family detached dwelling units. Attached or built-in garages shall be deemed part of the principal structure, except for minimum livable floor area requirement.
(g)
Two-family dwelling units.
(h)
Dormitories, fraternities, and sororities, with a special use permit and site plan approval.
(2)
Accessory uses.
(a)
Home occupations (with special use permit).
(b)
Office of a resident professional as permitted and regulated by this chapter.
(c)
Private and parochial schools and day-care centers accredited, when required, by New York State, when accessory to a church, synagogue or other place of public worship.
(d)
Private garages and parking areas, detached.
(e)
Rooming and boarding of not more than three persons.
(f)
Signs as permitted and regulated by this chapter.
(g)
Swimming pools.
(h)
Solar energy facilities, with a special use permit and site plan approval pursuant to the requirements of this chapter.
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
C.
Design regulations for principal and accessory structures and uses are set forth in Schedule B to this chapter.[2]
[2]
Editor's Note: Said schedule is included as an attachment to this chapter.
§ 400-16 Supplementary regulations for A-R, R, and MF Districts.
[Amended 8-7-2023 by L.L. No. 1-2023; 4-21-2024 by L.L. No. 1-2025]
The following provisions apply to all residential districts unless otherwise indicated:
A.
Number of principal structures permitted on lots in A-R and R Districts.
(1)
There shall be no more than one principal structure permitted per lot in the A-R and R Districts; however, in the A-R District, for buildings that are part of a farm operation, as defined in the New York Agriculture and Markets Law, multiple principal farm structures are permitted.
(2)
No accessory structure is permitted on any lot without a principal structure.
B.
All development in the A-R, R, and MF Districts shall comply with the provisions of the Town Code, Chapter 182, Flood Damage Prevention, as applicable.
C.
Swimming pools.
(1)
Limits on maximum lot coverage shall apply to above-ground private swimming pools only if the land area covered exceeds 80 square feet. In no event shall any private pool occupy more than 10% of the lot.
(2)
All swimming pools that are fully or partially below grade level must be completely surrounded by a fence preventing all access except through the gate. The gate must be at least four feet in height and may not exceed a height of six feet. The fence shall at all times be in good maintenance and must not shut off light or air to any buildings. The fence must be at least four feet from any edge of the swimming pool or placed on the lot line. The gate must be self-closing and must be locked while the premises are not under direct supervision of an adult. All latching and locking devices shall be a minimum of 42 inches above the base of the fence. The wall of a dwelling and/or its accessory buildings may act as an integral part of the fence, on the condition that any openings or doors on such wall be kept locked while premises are unsupervised by an adult.
(3)
No swimming pool which is entirely aboveground shall be installed or maintained unless either:
(a)
The ladder, stairs or other access to the pool can be and is removed when the pool is not being supervised by the owner thereof. Removal can be accomplished by physically removing the access apparatus, or by raising and locking the ladder, stair or other access in a position where the bottom thereof is at least as high as the top of the pool; or
(b)
The ladder, stairs or other access is completely enclosed by a fence that is at least as high as the pool and in no case greater than six feet in height. Any gate in the fence shall be closed and locked when the pool is not being supervised by the owner thereof.
(4)
No person shall discharge or cause to be discharged any water from a swimming pool over a public sidewalk, into a public street, or into a stormwater drainage system.
(5)
Seasonal, temporary, and/or storable pools that are installed and removed each year require building permits and inspections on an annual basis.
D.
Commercial and/or unlicensed vehicles in residential districts.
(1)
Principal garaging or open storage of any commercial vehicle, as defined in this chapter, is only permitted in the A-R District, except that one commercial vehicle, the rated capacity of which shall not exceed 3/4 tons, shall be permitted only if housed within a completely enclosed building.
E.
Trailers, camper -trailers, campers, recreational vehicles or boats in residential districts.
(1)
One trailer, camper-trailer, camper, recreational vehicle, or boat may be parked on a driveway in the required front yard of any residence district, provided that:
(b)
It shall not be parked or stored within 10 feet of the front lot line.
(c)
It shall not be parked or stored within five feet of any side lot line.
(d)
If the stored or parked height exceeds 13.0 feet, total height from ground to the top of any roof-mounted apparatus, the vehicle shall be parked or stored in the rear yard or housed within a completely enclosed building.
(e)
It shall comply with the provisions of Chapter 355, Vehicles, Abandoned, of this Code, including, without limitation:
[1]
The person having the property and/or title, including a person entitled to the use and possession of a vehicle subject to a security interest of another person, and also including any lessee or bailee of a vehicle having the use thereof under lease or otherwise shall be the same owner of the real property upon which the trailer, camper-trailer, camper, recreational vehicle, or boat is stored.
[2]
As referenced above, the owner of real property shall be read to mean the legal owner, contract purchaser, tenant, lessee, occupant, subtenant, trustee, bailee, receiver or assignee of premises or real property located within the Town of Lancaster.
(f)
It shall have been registered within the previous 12 months.
F.
Design regulations for churches, synagogues and other places of public worship and related activities.
(1)
Minimum lot area: one acre.
(2)
Minimum lot width: 200 feet.
(3)
Minimum yards for structures and parking, loading and stacking areas.
Yard | Structures (feet) | Parking, Loading and Stacking Area (feet) |
|---|---|---|
Front, from right-of-way of a dedicated street | 50 | 15* |
Side, abutting a residential district | 25 | 25* |
Rear, abutting a residential district | 50 | 25* |
Side and rear, abutting a nonresidential district | 15 | 15* |
NOTES: | |
* | The entire area must be landscaped. |
(4)
Maximum lot coverage by structure: 25%.
(5)
Maximum structure height (excluding bell spire): 35 feet.
(6)
Boundary treatment. Fences, walls, plantings, or other screening materials must be provided for visual screening between adjacent structures and uses and parking or other areas or uses on the parcel.
G.
Home occupations.
(1)
A special use permit shall be required for any home occupation, pursuant to § 400-78 of this chapter. Such a permit shall be issued by the Town Board for a period of up to two years only after a public hearing as required by the Town Law. The permit may be renewed by the Town Board upon written request by the permittee delivered to the Town Clerk, subject to an inspection by the Town Building Inspector's office to determine compliance with the permit as originally issued.
(2)
Home occupation permits shall be issued upon the following conditions:
(a)
Only persons residing on the premises shall be engaged in such an occupation.
(b)
Suitable off-street parking shall be provided if the home occupation contemplates on-site customers.
(c)
The home occupation shall be an accessory use to the principal residential use. The area devoted to the home occupation shall not exceed 25% of the ground floor area of the principal structure. The use may occur within the principle or an accessory structure.
(d)
There shall be no change in the outside appearance of the building or premises or other visible evidence of the conduct of such a home occupation.
(e)
No equipment or process shall be used, which creates noise, vibration, glare, fumes, odors or electrical interference perceptible to the normal senses of the subject lot.
(f)
The Town Board may establish additional permit conditions and restrictions as it deems necessary to protect the general health, welfare and safety of the surrounding community.