Le Roy Town City Zoning Code
ARTICLE IV
District Use and Bulk Requirements
§ 165-14 Applicability.
The accompanying schedules of regulations (§§ 165-15 through 165-20) list and define the use of land and buildings, the yards and other open space to be provided in connection with buildings, the area of lots, off-street parking space, loading space and other matters. The regulations listed for each district as designated are hereby adopted and prescribed for each such district, subject to the provisions of this section and unless allowed specifically or by reference, as permitted uses in said district. Only those uses listed for each district as being permitted shall be permitted.
§ 165-15 R+A Residential Agriculture District.
Permitted uses.
Single-family detached dwellings with a minimum floor area of 800 square feet and two-family detached dwellings with a minimum floor area of 650 square feet per dwelling unit.
[Amended 9-22-1986; 9-25-1989 by L.L. No. 1-1989]
Farm dwellings of farm owners or land manager of the land on which said farm dwelling is situated.
Farms and related farming activities, provided that no manure shall be stored within 100 feet of a district boundary.
Farm water supply, conservancy and fire protection ponds, located not less than 100 feet from any street or property line.
Municipal parks, playgrounds and buildings deemed appropriate by the Town Board.
Home occupations.
Churches and other similar places of worship, parish houses, convents and other such facilities of recognized religious groups.
Permitted accessory uses:
Customary farm buildings for the storage of products or equipment located on the same parcel as the primary use.
Customary farm buildings for housing farm animals shall not be located less than 100 feet from an adjoining zone.
Dwellings for domestic, household employees or farm workers employed on the same parcel as the permitted primary use.
Roadside farm stands, which shall be only a temporary shed-type structure, for the sale of farm products produced thereon. There shall be a limit of one stand per farm. Such stands shall be set back a minimum of 30 feet from the edge of the road.
Private garages and carports for permitted dwellings.
Signs, fences, and off-street parking, subject to the provisions of this chapter.
Swimming pools and tennis courts, private (noncommercial).
Uses permitted with a special use permit in accordance with Article VI:
Public utility uses, exclusive of office buildings, maintenance buildings and yards and equipment storage yards.
Noncommercial landing strips related to the permitted primary use.
Industrial agricultural and commercial agricultural operations.
Single mobile homes in conformance with the Mobile Home Ordinance.
Petroleum storage tanks in excess of 1,000 gallons.
Campsites.
Artificial lakes.
Cemeteries.
Fish and game clubs.
Animal shelters.
[Added 7-27-1987 by L.L. No. 2-1987]
Golf course.
[Added 3-12-2015 by L.L. No. 1-2015]
Lot size requirements (area and frontage).
[Amended 9-25-1989 by L.L. No. 1-1989; 11-27-1989 by L.L. No. 2-1989; 7-24-2014 by L.L. No. 1-2014; 5-11-2017 by L.L. No. 3-2017; 6-13-2024 by L.L. No. 2-2024]
Permitted uses.
Use | Minimum Lot Area (square feet) | Minimum Lot Frontage (feet) |
|---|---|---|
Single-family dwelling | 25,000 (28,125)* | 125 (100)** |
Two-family dwelling | 25,000 (28,125)* | 125 (100)** |
Places of worship | 50,000 (70,000)* | 200 |
NOTES: | |
|---|---|
* | When fronting on a state highway. |
** | Where lot is located within boundaries of water district and public water is available. |
Special uses:
Use | Minimum Lot Area (square feet) | Minimum Lot Frontage (feet) |
|---|---|---|
Industrial agricultural and commercial agricultural operations | 40,000 | 200 |
Cemeteries | 40,000 | 200 |
Excavations for specified purposes | As specified by the Town Planning Board | |
Public utility and service uses | As specified by the Town Planning Board | |
Mobile home parks and mobile home subdivisions | 15 acres |
§ 165-16 R-1 General Residential District.
[Amended 9-25-1989 by L.L. No. 1-1989; 7-24-2014 by L.L. No. 1-2014; 3-12-2015 by L.L. No. 1-2015; 5-11-2017 by L.L. No. 3-2017; 7-27-2017 by L.L. No. 4-2017; 2-24-2022 by L.L. No. 1-2022; 6-13-2024 by L.L. No. 2-2024]
The R-1 General Residential District is designed to accommodate general residential homes, including single-family, on lots with areas of 25,000 square feet. Certain public and semipublic uses are permitted, and selected uses are permitted by special use. This district is mapped primarily to protect areas that now meet these minimum lot area requirements. In addition, selected underdeveloped areas will be designated R-1 for the purpose of fostering similar development.
Permitted uses. The following uses are permitted in the R-1 General Residential District:
Single-family detached dwellings with a minimum floor area of 800 square feet.
Churches and other similar places of worship, parish houses, convents and other such facilities of recognized religious groups.
Public parks, playgrounds and buildings deemed appropriate by the Town Board.
Home occupations.
Farms and related farming activities, provided that no manure or farm ponds shall be stored within 100 feet of an adjoining property line.
Home and farm gardens.
Uses permitted with a special use permit in accordance with Article VI:
Cemeteries.
Public utility structures.
Educational and cultural institutions.
Child day-care centers and nursery schools.
Necessary municipal buildings.
Mobile home parks and mobile home subdivisions in conformance with this chapter.
Single mobile homes in conformance with this chapter.
(Reserved)
Health, medical and related institutional uses.
Funeral homes.
Golf course.
Lot size requirements (area and frontage).
Permitted uses:
Use | Minimum Lot Area (square feet) | Minimum Lot Frontage (feet) |
|---|---|---|
Single-family detached dwellings, rectories, parsonages and parish homes | 25,000 | 125 (100)* |
Religious institutions, except rectories, parsonages and parish houses | 40,000 | 200 |
Two-family dwellings | 25,000 | 125 (100)* |
* | NOTE: Where lot is located within boundaries of water district and public water is available. |
Special uses:
Use | Minimum Lot Area (square feet) | Minimum Lot Frontage (feet) |
|---|---|---|
Educational (nonboarding) and cultural institutions | 40,000 | 200 |
Child day-care centers and nursery schools | 40,000 | 200 |
Cemeteries | 40,000 | 200 |
Funeral homes | 40,000 | 200 |
Use | Minimum Lot Area (square feet) | Minimum Lot Frontage (feet) |
|---|---|---|
Health, medical and related institutional uses | 40,000 | 200 |
Excavations | As specified by the Town Board | |
Public utility structures | As specified by the Town Board | |
Mobile home parks and mobile home subdivisions | 15 acres |
§ 165-17 R-2 Medium Density Residential District.
The R-2 Medium Density Residential District is designed to accommodate multifamily dwellings.
Permitted uses:
Single-family detached dwellings with a minimum floor area of 800 square feet.
Churches and other similar places or worship, parish houses, convents and other such facilities of recognized religious groups.
Public parks and playgrounds and buildings deemed appropriate by the Town Board.
Home occupation uses.
Farms and related farming activities.
Home and farm gardens.
Two-family dwellings with minimum floor areas of 650 square feet per unit.
Uses permitted with a special use permit in accordance with Article VI.
Cemeteries.
Public utility structures.
Educational and cultural institutions.
Child day-care centers and nursery schools.
Necessary municipal buildings.
Single mobile homes in conformance with this chapter.
Multifamily dwellings with a minimum floor area of 500 square feet per unit.
Funeral homes.
Quasi-public buildings and recreation uses.
Health, medical and related institutional uses.
Golf course.
[Added 3-12-2015 by L.L. No. 1-2015]
Lot size requirements (area and frontage).
[Amended 9-25-1989 by L.L. No. 1-1989; 11-27-1989 by L.L. No. 2-1989; 7-24-2014 by L.L. No. 1-2014; 5-11-2017 by L.L. No. 3-2017; 6-13-2024 by L.L. No. 2-2024]
Permitted uses:
Use | Minimum Lot Area (square feet) | Minimum Lot Frontage (feet) |
|---|---|---|
Single-family detached dwellings rectories, parsonages and parish houses | 1/2 acre | 100 |
Two-family dwellings | 1/2 acre | 100 |
Churches and other similar places of worship, convents and other such facilities of recognized religious groups | 40,000 | 200 |
Special uses:
Use | Minimum Lot Area (square feet) | Minimum Lot Frontage (feet) |
|---|---|---|
Public libraries, public art galleries and other public cultural uses | 40,000 | 200 |
Funeral homes | 40,000 | 200 |
Health, medical and related institutional uses | 40,000 | 200 |
Educational and cultural institutions (nonboarding) | 40,000 | 200 |
Nursery schools and child-care centers | 40,000 | 200 |
Quasi-public buildings and recreational uses | 40,000 | 200 |
Public utility structures | As specified by the Town Planning Board | |
Cemeteries | 40,000 | 200 |
Excavations for specified purposes | As specified by the Town Planning Board | |
Mobile home parks and mobile home subdivisions | 15 acres | |
Multifamily | 1 acre, plus an additional 3,000 square feet for each additional dwelling unit over three |
When a farmstead is sold and/or in turn the acreage of that farmstead is sold separately, the existing dwelling lot must meet the minimum yard requirements of the R-2 District.
§ 165-18 C-1 Limited Commercial District.
The C-1 Limited Commercial District is designed to accommodate the retail business establishments which are of a limited nature.
Uses permitted with a special permit.
Drive-through banks, restaurants, drive-in restaurants, bowling alleys and similar community services and places of entertainment.
Motor vehicle sales rooms and motor vehicle parking lots.
Gasoline stations, gasoline station-market or public garages, under the following conditions and regulations: No lot or plat shall be used for the sale or storage of gasoline or oil until the owner has made application for and received a special permit therefor from the Town Board after a public hearing held for that purpose. The issuance of such a special permit is subject to such conditions and safeguards as are deemed appropriate in the discretion of the Town Board.
Motels and auto courts, hotels, inns or the like.
[Amended 3-12-2015 by L.L. No. 1-2015]
Animal shelter.
[Added 7-27-1987 by L.L. No. 2-1987]
Airports.
[Added 7-1-1998 by L.L. No. 1-1998]
Golf course.
[Added 3-12-2015 by L.L. No. 1-2015]
Bed-and-breakfast.
[Added 3-12-2015 by L.L. No. 1-2015]
Lot size requirements. No building used for commercial or business purposes shall be erected on a lot having a width of less than 200 feet and an area, exclusive of any area in a highway right-of-way, of less than 40,000 square feet.
§ 165-19 C-2 General Commercial District.
The C-2 General Commercial District is designed to accommodate the retail business establishments which are clearly of community service.
Uses permitted with a special permit.
Drive-through banks, drive-in restaurants, bowling alleys and similar community services and places of entertainment.
Gasoline stations, gasoline station-markets or public garages, under the following conditions and regulations: No lot or plot shall be used for the sale or storage of gasoline or oil until the owner has made application for and received a special permit therefor from the Town Board after a public hearing held for that purpose. The issuance of such a special permit is subject to conditions and safeguards as are deemed appropriate in the discretion of the Town Board.
Other uses of the same general character as those listed hereinabove which, in the opinion of the Board of Appeals, shall not be detrimental to the district in which they are located.
Lot size requirements. No building used for commercial or business purposes shall be erected on a lot having a width of less than 200 feet and an area, exclusive of any area in a highway right-of-way, of less than 40,000 square feet.
§ 165-20 I-1 Industrial District.
[Amended 11-27-1989 by L.L. No. 2-1989]
The I-1 Industrial District is designed to provide an environment which is suitable for industrial activities.
Uses permitted in the Industrial District are subject to the following conditions:
Dwelling units and lodging rooms, other than watchmen's quarters, are not permitted.
All business, servicing or processing, except for off-street parking and off-street loading, shall be conducted within completely enclosed buildings, unless otherwise indicated hereinafter.
All storage, except of motor vehicles in operable condition, shall be within completely enclosed buildings or effectively screened by a wall or fence (including entrance and exit gates) not less than eight feet in height and approved by the Planning Board.
The following uses are indicative of those which are intended to be permitted in the I-1 District:
Abrasive manufacture.
Bottling companies.
Brick and structural clay products manufacture.
Chemical processing and manufacturing.
Concrete mixing plants.
Electroplating.
Feed mills.
Food manufacture, packaging and processing.
Grain storage and processing.
Graphite products manufacture.
Gypsum manufacture.
Heavy machinery production.
Linoleum manufacturing.
Machine shop.
Meat packing.
Extractive (stone, gravel, etc.).
Paint products manufacture.
Paper products manufacture.
Petroleum products storage or processing.
Plastics manufacture.
Rubber processing or manufacture.
Sewage treatment plants, municipal.
Soap manufacture.
Steel manufacture.
Accessory uses incidental to and on the same lot as the principal use.
Concrete/greenwaste recycling.
[Added 7-27-2017 by L.L. No. 4-2017]
Technology.
[Added 7-27-2017 by L.L. No. 4-2017]
Uses permitted with a special permit:
Sanitary landfills.
Car wash.
Motor vehicle service stations.
Public garages for storage, repair and servicing of motor vehicles, including body repair, painting and engine rebuilding.
Other manufacturing, processing or storage uses determined by the Town Planning Board and Town Board to be of the same general character as the uses permitted in Subsection B above and found not to be obnoxious, unhealthful or offensive by reasons of the potential emission or transmission of noise, vibration, smoke, dust, odors, toxic or noxious matters, glare or heat.
Storage of explosives, provided that the applicant has all valid federal and state licenses.
Fish and game clubs.
Animal shelters.
[Added 7-27-1987 by L.L. No. 2-1987]
Lot size requirements. No building used for industrial or business purposes shall be erected on a lot having a width of less than 200 feet and an area, exclusive of any area in a highway right-of-way, of less than 40,000 square feet.
§ 165-20.1 I-2 Light Industrial District
[Added 6-4-1989]
The I-2 Light Industrial District is designed to provide an attractive industrial-park-type environment for light industrial activities.
Uses permitted in the Light Industrial District are subject to the following conditions:
Dwelling units and lodging rooms, other than watchmen's quarters, are not permitted.
All business, servicing or processing, except for off-street parking and off-street loading, shall be conducted within completely enclosed buildings, unless otherwise indicated hereinafter.
All storage, except of motor vehicles in operable condition, shall be within completely enclosed buildings or effectively screened by a wall or fence (including entrance and exit gates) not less than eight feet in height and approved by the Planning Board.
Dust, smoke, smog, observable gas, fumes or odors or other atmospheric pollution, objectionable noise, glare or vibration shall not be discernible beyond the property lines of the industry.
Landscaping.
The front yard shall be landscaped.
A chain-link fence and a landscaped strip of trees and shrubs not less than five feet in width shall be provided along the boundary lines between residential and industrial lands.
Landscaping shall consist of at least lawn and hardy ornamental shrubs and shall be maintained in a healthy condition, neat and orderly in appearance.
No parking or storage of vehicles shall be permitted within 20 feet of any residentially zoned district or on any highway or highway right-of-way adjoining the premises.
Loading facilities shall not face the front of the building.
Any legal use of a light industrial nature which involves processing, fabrication, assembly, or packaging of previously prepared or refined materials.
[Added 3-23-2017 by L.L. No. 1-2017]
Industrial office buildings for executive, engineering, and administrative purposes.
[Added 3-23-2017 by L.L. No. 1-2017]
Scientific or research laboratories devoted to research, design, and/or experimentation.
[Added 3-23-2017 by L.L. No. 1-2017]
Wholesaling, warehousing, storage, or distribution centers.
[Added 3-23-2017 by L.L. No. 1-2017]
Light manufacturing and processing of food, pharmaceutical, or cosmetic products.
[Added 3-23-2017 by L.L. No. 1-2017]
Greenhouses, hoop houses, hydroponics, or similar agricultural enterprises located within enclosed or semi-enclosed facilities.
[Added 3-23-2017 by L.L. No. 1-2017]
Data center or call center.
[Added 3-23-2017 by L.L. No. 1-2017]
Advanced technology center.
[Added 3-23-2017 by L.L. No. 1-2017]
Lot size requirements. No building used for industrial or business purposes shall be erected on a lot having a width of less than 200 feet and an area, exclusive of any in a highway right-of-way, of less than 40,000 square feet.
Yard requirements:
Maximum coverage: 35%.
Maximum building height: 40 feet.
§ 165-20.2 Interchange Zone.
[Added 5-11-2017 by L.L. No. 3-2017]
Legislative intent. The intent of the Town Board in enacting this section is to encourage innovative industrial and commercial uses within the Interchange Zone that:
Reflect our rural and small-town character.
Minimize the visual impact of development upon the viewsheds from the public roadway.
Maximize the use of developable land within the zone in order to reduce the need to development agricultural land and open space elsewhere in the Town to accommodate nonresidential establishments.
To the extent possible, do not directly conflict with existing commercial and industrial operations in the community but rather compliment them.
Discourage the placement of drive-in and drive-through facilities that require large tracts of land and large setbacks from neighboring operations.
Accommodate pedestrian activity between establishments.
Create a strong sense of community identity by providing a pleasing gateway for residents and visitors.
Help finance open space preservation elsewhere in the community.
Do not create objectionable noise, odors, or glare.
Accommodate vehicular traffic in a manner that is safe and efficient.
Basis for consideration.
Consideration for approval or disapproval of a commercial or industrial use shall be based on and interpreted in light of the effect the development on the Comprehensive Plan of the Town and in light of the effect of the development on the use of the property adjacent to and in close proximity to it.
This section shall not be construed to mean the developer of a commercial or industrial use can by right merely meet the standards set herein. These standards and requirements are minimums only. The Board may require more stringent standards, based on the specific and unique nature of the site, in order to protect the health, safety, and welfare of the citizens of the Town.
Modifications. The Town may, by conditional use approval, permit the modification of the provisions of this section, including but not limited to provisions relating to the types of nonresidential development and the amount of development, in order to achieve the Interchange Zone Master Plan. Any conditional use to permit a modification of the requirements of this section shall be subject to the following standards:
The design and improvement of the proposed development shall be in harmony with the purpose and intent of this section.
The design and improvement of the proposed development shall generally enhance the Interchange Zone, or in any case not have an adverse impact on its physical, visual, or spatial characteristics.
The design and improvement of the proposed development shall generally enhance the streetscape or public areas, or in a any case not have and adverse effect on the streetscape of public areas.
The modification shall not result in configurations of lots or roads which shall be impractical or detract from the appearance of the Interchange Zone.
The proposed modification shall not result in any danger to the public health, safety, or welfare by making access to the properties in the Interchange Zone by emergency vehicles more difficult, by depriving adjoining properties of adequate light and air, or by violating the other purposes for which zoning ordinances are enacted.
Landscaping and other methods shall be used to insure compliance with the standards and guidelines of this section.
The landowner shall demonstrate that the proposed modification will allow for equal or better results and represents the minimum modification necessary.
Applicability of development standards.
The development standards contained in this section are derived from the Preferred Development Survey and shall be used by any applicant in preparing a development plan and by the Town in reviewing the same. In exercise of its powers of review, the Town may approve, deny, conditionally approve, or request, modifications to a development plan that is deemed to be inconsistent with the development standards or the purposes of this section in accordance with the provisions of Subsection C.
This section contains development standards, which are normative and set forth specific requirements which shall be interpreted with flexibility, the Town shall view such standards as tools, since exceptional situations, requiring unique interpretations, can be expected. When applying such standards, the Town shall carefully weigh the specific circumstances surrounding each application, and strive for development solutions that best promote the spirit, intent, and purposes of this section.
The development standards contained in this section shall be used as the Town's minimum requirements for the Interchange Area. However, such standards are not meant to restrict creativity, and an applicant may request a modification or exception from any development standard. Modifications to the design guidelines contained in this section shall be approved by the Town in accordance with Subsection C.
Permitted uses.
By special permit.
Health services facility.
Animal hospital.
Hotel and motel.
Bed-and-breakfast.
Industrial park.
Light industrial.
Self-service storage facility.
Warehouse.
Visitor information center.
Uses permitted in R& A Districts, subject to all the provisions specified for an R&A District with a special use permit.
[Added 11-10-2022 by L.L. No. 2-2022]
Permitted building type.
No building shall exceed 65,000 square feet of first-floor area on a major thoroughfare; up to 25,000 square feet of first-floor area on a minor thoroughfare.
Site layout and building requirements.
Commercial buildings shall be multistory or give the appearance of a multistory structure using roof pitches, dormers, etc. Ideally multistory buildings shall contain retail uses on the ground level and nonretail, such as office space, on the upper level.
No structure shall be greater than three stories in height.
All heating and cooling apparatus shall be screened from view.
All parking shall be to the rear of the structure and screened from the viewshed of the street.
Loading and service areas such as docks, solid waste facilities, recycling facilities, and other service areas shall be placed to the rear of building in a visually unobtrusive locations. Screening such as landscaping or fencing shall be used to prevent direct views of loading areas.
Blank, windowless walls are prohibited along the major street and minor streets.
Dedicated pedestrian connections between properties and the parking areas shall be provided.
Drive-in facilities shall be placed in the rear of the building screened from the viewshed of the street.
The arrangement of multiple buildings on a single lot shall establish building facades generally parallel to the frontage property lines along existing streets and proposed interior streets.
Every building lot shall have frontage upon a public street or square except as follows: in specific locations where factors beyond developer control, such as a limited access highway, an existing development, or the location of an existing intersection, prohibit completing a street connection.
Signs.
Freestanding signs shall not be higher than the building they are associated with and shall be exterior lit.
Common or shared signage shall be encouraged.
Access.
The long-term intention of the Town is to develop a landscaped median along New York State Route 19 from the westbound off-ramp of I-490 to the Thruway overpass. In addition, future traffic signals will likely be placed at the intersections of New York State Route 19/North Road, New York State Route 19/Griswold Road, and New York State Route 19/westbound off-ramp to I-490. Therefore all access proposals should be prepared to facilitate these objectives.
All access roads should be to the lower-volume side road unless an applicant provides proof of unique or special conditions that make this provision impractical. If the proposed lower-volume side road does not exist, the applicant shall be permitted temporary access to the major thoroughfare until such time that the side road is constructed. Once constructed, the applicant will be required to close the temporary access and construct a permanent driveway on the lower-volume side road.
If the Town, in conjunction with the New York State Department Of Transportation permits direct access to New York State Route 19, the following conditions should be met:
All access roads should meet or exceed the minimum driveway spacing requirements as stipulated by NYSDOT Corridor Management Bureau, Albany, New York.
Access roads must service multiple properties. Ideally access roads will be located near the property line of two adjacent parcels.
Driveways to corner properties must be located at least 120 feet from the intersection of the right-of-way.
Open space fee.
In order to compensate for the loss of open space in the Town as a result of development in the Interchange Zone the Town requires that a open space fee be paid by applicants at the time of site plan approval.
This fee will be calculated based upon the total square footage of developed area that is proposed. For the purposes of this provision developed area shall include impervious surfaces, buildings and land that is altered from its natural state.
The fee shall equal $0.104 per square foot of developed area, based upon the average value of a square foot of land in the Town. This square footage premium may be adjusted by the Town by resolution of the Town Board as land values change.
These funds will be set aside by the Town to purchase key open space areas in the Town.
Special design considerations. Motor-vehicle-related special design regulations. Gasoline stations, gasoline station/markets, motor vehicle repair shops, motor vehicle sales and service, truck stop, trucking terminal, heavy machinery and truck sales and service, farm equipment sales and service, recreational vehicle sales and service and drive-in businesses shall require a special use permit and shall comply with the following.
Pumps, other service devices, and aboveground fuel and oil storage shall be located at least 30 feet from all lot lines. In addition, all aboveground fuel and oil storage shall be located at least 75 feet from all public street right-of-way lines and screened from public view using landscaping, fencing or other visual buffers as deemed appropriate by the Planning Board.
Any underground storage of fuel and oil of sufficient volume not regulated by the New York State Department of Environmental Conservation shall be located at least 30 feet from all lot lines.
Unregistered motor vehicle(s), motor vehicle and equipment parts, dismantled vehicles and equipment shall be stored within a building or structure, or within a fence at least eight feet in height so as to prevent public view of such items from any direction. All work connected with the uses covered by this section shall be performed to the extent possible indoors.