To encourage the development of low density residential land uses, open space land uses and agriculture land uses, as well as their related facilities, in areas of the Town of Maine which have restrictive natural characteristics.

To discourage all uses which are incompatible with low density residential-agricultural land uses.

Single-family dwellings, two-family dwellings.

Agricultural pursuits such as farms, farming uses or occupancy.

Mobile homes, subject to compliance with the provisions of the Mobile Home, Mobile Home Park, and Travel Trailer Ordinance of the Town of Maine (Chapter 332 of the Code of the Town of Maine).

Home occupation on the Home Occupation Approved List (defined in §§ 450-102 and 450-103 of this chapter).

The personal keeping, on a lot five or more acres in size, of the following numbers of horses; provided, however, that manure and other waste or excreta accumulating on the lot shall not be kept in an unsightly or unsanitary manner, and shall be kept in such a manner and properly disposed of so as not to create odors disturbing occupants of adjoining lots: two horses if the lot is at least five acres in size and less than seven acres in size; three horses if the lot is at least seven acres in size and less than nine acres in size; four horses if the lot is at least nine acres in size and less than 11 acres in size; five horses if the lot is at least 11 acres in size and less than 13 acres in size; six horses if the lot is at least 13 acres in size and less than 15 acres in size; seven horses if the lot is at least 15 acres in size and less than 17 acres in size; eight horses if the lot is at least 17 acres in size and less than 19 acres in size; nine horses if the lot is at least 19 acres in size and less than 20 acres in size; and 10 horses if the lot is at least 20 acres in size. All fencing and corrals shall be set back a minimum of 75 feet from the right-of-way of any highway, street, or road on which the lot fronts, and a minimum of 25 feet from the property boundary line(s) of any adjacent lot(s). No manure shall be stored or stockpiled nearer than 100 feet from any single-family dwelling, two-family dwelling, mobile home, apartment building, townhouse, church, temple, school, park, playground, public building or nursing home on any adjacent lot. Any person who plans to keep a horse or horses in accordance with the provisions of this subsection shall first notify the Town of Maine Building and Code Inspector in writing that such person plans to keep a horse or horses on his or her lot; and the Town of Maine Building and Code Inspector shall then send a written advisory notice to (a) the owners of the land(s) immediately adjacent to the lot on which the horse or horses will be kept, and (b) the owners of the land(s) directly opposite from the lot on which the horse or horses will be kept. Nothing in this section shall be deemed to apply to any farm operation located within a county-adopted, state-certified agricultural district.[1]

Double-wide houses.[2]

Church or similar place of worship, including parish house or rectory, public and private schools, funeral home, library, park, playground, public swimming pool, animal harboring except as authorized by Subsection B(5) herein, boarding- and rooming houses, providing accommodations for not more than two nontransient roomers, and airports.

Any home occupation not on the Home Occupation Approved List (defined in §§ 450-102 and 450-103 of this chapter).

Minimum lot requirements.

Increasing front yard depth. Front yard depth along collector and arterial roads shall be increased to 75 feet, except where existing development occurred prior to the enactment of this chapter. In those cases, the front yard depth may be the average of the front yard depth for 500 feet along the contiguous street line. Arterial roads and collector roads are designated in § 450-11 of this chapter.

Lot coverage. No more than 30% of the lot may be covered by buildings. This includes garages and accessory buildings.

Off-street parking. Two spaces of off-street parking shall be provided for each dwelling unit (see Article VI, Off-Street Parking and Loading, for additional parking requirements). Garage spaces may be counted as off-street parking spaces.

Garages and accessory buildings. Garages and accessory buildings must be built according to the following requirements:

To encourage the construction of and the continuous use of the land for single-family and two-family residential dwellings; to encourage the development of recreational, religious and educational facilities required for, and compatible with, a balanced single and two-family residential neighborhood; and to permit offices of physicians, surgeons, dentists, lawyers, and architects, engineers, or like professions when part of their family residence;

To discourage all business, commercial and industrial development of the land and multiple-family units and clustered developments such as mobile home parks, and to prohibit any other use which would substantially interfere with or be deleterious to the development or continuation of single- and two-family dwellings in this residential district;

To discourage all land uses which would generate traffic on residential streets other than normal traffic to the residences on those streets.

Single-family dwellings (not including mobile homes).

Two-family dwellings.

Farms and farming uses.

Home occupation on the Home Occupation Approved List (defined in §§ 450-102 and 450-103 of this chapter).

The personal keeping, on a lot five or more acres in size, of the following numbers of horses; provided, however, that manure and other waste or excreta accumulating on the lot shall not be kept in an unsightly or unsanitary manner, and shall be kept in such a manner and properly disposed of so as not to create odors disturbing occupants of adjoining lots: two horses if the lot is at least five acres in size and less than seven acres in size; three horses if the lot is at least seven acres in size and less than nine acres in size; four horses if the lot is at least nine acres in size and less than 11 acres in size; five horses if the lot is at least 11 acres in size and less than 13 acres in size; six horses if the lot is at least 13 acres in size and less than 15 acres size; seven horses if the lot is at least 15 acres in size and less than 17 acres in size; eight horses if the lot is at least 17 acres in size and less than 19 acres in size; nine horses if the lot is at least 19 acres in size and less than 20 acres in size; and 10 horses if the lot is at least 20 acres in size. All fencing and corrals shall be set back a minimum of 75 feet from the right-of-way of any highway, street, or road on which the lot fronts, and a minimum of 25 feet from the property boundary line(s) of any adjacent lot(s). No manure shall be stored or stockpiled nearer than 100 feet from any single-family dwelling, two-family dwelling, mobile home, apartment building, townhouse, church, temple, school, park, playground, public building or nursing home on any adjacent lot. Any person who plans to keep a horse or horses in accordance with the provisions of this subsection shall first notify the Town of Maine Building and Code Inspector in writing that such person plans to keep a horse or horses on his or her lot; and the Town of Maine Building and Code Inspector shall then send a written advisory notice to (a) the owners of the land(s) immediately adjacent to the lot on which the horse or horses will be kept, and (b) the owners of the land(s) directly opposite from the lot on which the horse or horses will be kept. Nothing in this section shall be deemed to apply to any farm operation located within a county-adopted, state-certified agricultural district.

Double-wide houses.

Church or similar place of worship, including parish house or rectory, public and private schools, funeral home, library, park, playground, public swimming pool, animal harboring except as authorized by Subsection B(5) herein, boarding- and rooming houses, providing accommodations for not more than two nontransient roomers, and airports.

Any home occupation not on the Home Occupation Approved List (defined in §§ 450-102 and 450-103 of this chapter).

Highway Department garage owned and directly operated by a Town.

Town Hall owned and directly operated by a Town.

Museum and headquarters of a historical society owned and operated directly by an educational corporation incorporated under the provisions of Article 5 of the Education Law of the State of New York.

Minimum lot requirements.

Increasing front yard depth. Front yard depth along collector and arterial roads shall be increased to 75 feet, except where existing development occurred prior to the enactment of this chapter. In those cases, the front yard depth may be the average of the front yard depth for 500 feet along the contiguous street line. Arterial roads and collector roads are designated in § 450-11 of this chapter.

Lot coverage. No more than 30% of the lot may be covered by buildings. This includes garages and accessory buildings.

Off-street parking. Two spaces of off-street parking shall be provided for each dwelling unit (see Article VI, Off-Street Parking and Loading, for additional parking requirements). Garage spaces may be counted as off-street parking spaces.

Garages and accessory buildings. Garages and accessory buildings must be built according to the following requirements:

Fire station, with or without bunk rooms and/or a social hall, owned and directly operated by a fire corporation organized and existing under and by virtue of the New York Not-for-Profit Corporation Law.

Ambulance station, with or without bunk rooms and/or a social hall, owned and directly operated by an ambulance service corporation organized and existing under and by virtue of the New York Not-for-Profit Corporation Law.

To preserve areas within the Town of Maine where medium density residential development can be developed.

To discourage the development of land uses and facilities which are incompatible with one-, two-, three- and four-family residential development.

Single-family dwelling units (not including mobile homes).

Two-family dwelling units.

Three-family dwelling units.

Four-family dwelling units.

Home occupation on the Home Occupation Approved List (defined in §§ 450-102 and 450-103 of this chapter).

The personal keeping, on a lot five or more acres in size, of the following numbers of horses; provided, however, that manure and other waste or excreta accumulating on the lot shall not be kept in an unsightly or unsanitary manner, and shall be kept in such a manner and properly disposed of so as not to create odors disturbing occupants of adjoining lots: two horses if the lot is at least five acres in size and less than seven acres in size; three horses if the lot is at least seven acres in size and less than nine acres in size; four horses if the lot is at least nine acres in size and less than 11 acres in size; five horses if the lot is at least 11 acres in size and less than 13 acres in size; six horses if the lot is at least 13 acres in size and less than 15 acres in size; seven horses if the lot is at least 15 acres in size and less than 17 acres in size; eight horses if the lot is at least 17 acres in size and less than 19 acres in size; nine horses if the lot is at least 19 acres in size and less than 20 acres in size; and 10 horses if the lot is at least 20 acres in size. All fencing and corrals shall be set back a minimum of 75 feet from the right-of-way of any highway, street, or road on which the lot fronts, and a minimum of 25 feet from the property boundary line(s) of any adjacent lot(s). No manure shall be stored or stockpiled nearer than 100 feet from any single-family dwelling, two-family dwelling, mobile home, apartment building, townhouse, church, temple, school, park, playground, public building or nursing home on any adjacent lot. Any person who plans to keep a horse or horses in accordance with the provisions of this subsection shall first notify the Town of Maine Building and Code Inspector in writing that such person plans to keep a horse or horses on his or her lot; and the Town of Maine Building and Code Inspector shall then send a written advisory notice to (a) the owners of the land(s) immediately adjacent to the lot on which the horse or horses will be kept, and (b) the owners of the land(s) directly opposite from the lot on which the horse or horses will be kept. Nothing in this section shall be deemed to apply to any farm operation located within a county-adopted, state-certified agricultural district.

Church or similar place of worship, including parish house or rectory, public and private schools, funeral home, library, park, playground, public swimming pool, animal harboring except as authorized by Subsection B(6) herein, boarding- and rooming houses, providing accommodations for not more than two nontransient roomers, and airports.

Any home occupation not on the Home Occupation Approved List (defined in §§ 450-102 and 450-103 of this chapter).

Minimum lot requirements.

Increasing front yard depth. Front yard depth along collector and arterial roads shall be increased to 50 feet except where existing development occurred prior to the enactment of this chapter. In those cases, the front yard depth may be the average of the front yard depth for 500 feet along the contiguous street line. Arterial roads and collector roads are designated in § 450-11 of this chapter.

Lot coverage. No more than 30% of the lot may be covered by buildings. This includes garages and accessory buildings.

Off-street parking. Two spaces of off-street parking shall be provided for each dwelling unit (see Article VI, Off-Street Parking and Loading, for additional parking requirements). Garage spaces may be counted as off-street parking spaces.

Garages and accessory buildings. Garages and accessory buildings must be built according to the following requirements:

To promote alternative residential living styles.

To promote the orderly and compatible development of multifamily housing.

To provide all PMFD areas with all amenities generally associated with residential areas in the Town of Maine.

To prohibit all uses that, due to obnoxious odors, noise and/or visual appearance, are incompatible with residential areas.

To discourage all land uses that would generate traffic on residential streets other than normal traffic to the residences on those streets.

One-, two-, three- and four-family dwelling units subject to all of the requirements of the Residential District R-2.

Multiple-family dwelling units.

Apartment buildings.

Apartment rental offices.

Townhouses (both rental, cooperative and condominium).

Any home occupation on the Home Occupation Approved List (defined in §§ 450-102 and 450-103 of this chapter) or any home occupation not on the Home Occupation Approved List.

Church or similar place of worship, including parish house or rectory, public and private schools, funeral home, library, park, playground, public swimming pool, animal harboring, boarding- and rooming houses, providing accommodations for not more than two nontransient roomers, and airports.

Site plan review and approval. All uses in this district are subject to site plan review and approval by the Planning Board in accordance with the requirements outlined in Article IX, Site Plan Review, of this chapter.

Minimum lot requirements.

Lot coverage. No more than 40% of the lot may be covered by buildings. This includes garages and accessory buildings.

Common open space. An area equal to 1,500 square feet for each dwelling unit shall be developed and maintained as common open space. Such common open space shall be developed (with facilities) for active recreation, sitting areas, walking areas, bicycle, or horse trails (marked by developed paths), or developed wooded area (cleared of underbrush and planted to grass). Such common open space shall be in addition to space used for parking and driveways and shall be at least one acre in area.

Off-street parking. Two spaces of off-street parking shall be provided for each dwelling unit (see Article VI, Off-Street Parking and Loading, for additional parking requirements). Garage spaces may be counted as off-street parking spaces.

Garages and accessory buildings. Garages and accessory buildings must be built according to the following requirements:

Fences and walls. Fences and walls must be set back at least three feet from the property line. They cannot exceed eight feet in height and must not block the vision of an auto driver entering or exiting from driveways and/or intersecting streets.

To promote alternative residential living styles.

To permit mobile home park development.

To provide all PMHD areas with all the amenities generally associated with residential areas in the Town of Maine.

To prohibit all uses that, due to obnoxious odors, noise, and/or visual appearance, are incompatible with residential areas.

To discourage all land uses that would generate traffic on residential streets other than the normal traffic to the residences on those streets.

Mobile homes on rented mobile home stands.

Park rental offices.

Single-family dwellings which must meet all standards of R-1 District.

Customary home occupations or professions such as physician, attorney, dentist, architect, engineer, accountant or similar profession.

Schools, churches, parish houses, libraries, playgrounds, and private swimming pools.

No land uses other than those expressly permitted are intended or implied to be permitted in this district.

Application.

All Final Plans shall contain a dimensioned site plan drawn to scale and shall comply with all of the provisions of the Mobile Home, Mobile Home Park, and Travel Trailer Ordinance of the Town of Maine (Chapter 332 of the Code of the Town of Maine).

Apartments as accessory to businesses.

Retail stores.

Business or professional offices.

Personal service shops such as barbershops, beauty parlors, laundry/dry-cleaning collection stations, florists and undertakers.

Banks, enclosed theaters, restaurants (excluding drive-in service restaurants).

All accessory buildings which are necessary and incidental to the operation of the above business activities.

Minimum lot requirements.

Increasing front yard depth. Front yard depth along collector and arterial roads shall be increased to 75 feet, except where existing development occurred prior to the enactment of this chapter. In those cases, the front yard depth may be the average of the front yard depth for 500 feet along the contiguous street line. Arterial roads and collector roads are designated in § 450-11 of this chapter.

Lot coverage. No more than 40% of the lot may be covered by buildings. This includes garages and accessory buildings.

Off-street parking and loading. Off-street parking and loading areas must be provided according to the requirement set forth in Article VI, Off-Street Parking and Loading, of this chapter.

Accessory buildings. All accessory buildings in this district must meet those standards established in this section for the principal land use.

Provide a system of close review over the construction of certain land uses in the Town of Maine which offer products or services that can be used by individuals remaining in their automobiles such as drive-in restaurants, drive-in theaters, gasoline service stations, car washes, etc.

All uses permitted in the Business B-1 District.

Drive-in restaurants, drive-in theaters, and similar services which are designed to offer goods and services to be consumed within an automobile.

Gasoline service stations, repair garages, automobile dealers, truck dealers, farm equipment dealers, mobile home sales and similar automobile related services and sale land uses.

Flea markets.

Vehicle warehousing, provided that it shall be unlawful to engage in outdoor vehicle warehousing, without screening, such as a fence, hedge, or other barrier at least eight feet high, that makes the open warehousing of vehicles invisible to persons passing in a normal manner any property line facing a public right-of-way. Location of said screening shall be subject to the front, side and rear yard restrictions; provided, however, protective fencing, decorative planting, etc., shall not be subject to these restrictions.

Minimum lot requirements.

Increasing front yard depth. Front yard depth along collector and arterial roads shall be increased to 75 feet, except where existing development occurred prior to the enactment of this chapter. In those cases, the front yard depth may be the average of the front yard depth for 500 feet along the contiguous street line. Arterial roads and collector roads are designated in § 450-11 of this chapter.

Lot coverage. No more than 50% of the lot may be covered by buildings. This includes garages and accessory buildings.

Off-street parking and loading. Off-street parking and loading areas must be provided according to the requirement set forth in Article VI, Off-Street Parking and Loading, of this chapter.

Accessory buildings. All accessory buildings in this district must meet those standards established in this section for the principal land use.

Encourage the construction of private and commercial outdoor recreation areas.

Provide regulations to insure the compatibility of such recreation areas with surrounding land uses.

Insure adequate access to such outdoor recreation facilities.

Golf courses.

Ski areas.

Parks.

Amusement parks.

Zoos and botanical gardens.

Game preserves and hunting courses.

Golf driving ranges and putting courses.

Travel trailer camps, subject to compliance with the provisions of the Mobile Home, Mobile Home Park and Travel Trailer Ordinance of the Town of Maine (Chapter 332 of the Code of the Town of Maine).

Other outdoor recreational uses found appropriate by the Town Board.

All uses customarily accessory to such permitted uses.

Minimum lot requirements.

Off-street parking and loading. Parking shall be provided according to the requirements specified in Article VI, Off-Street Parking and Loading, of this chapter.

Accessory buildings. All accessory buildings in this district must meet those standards established in this section for the principal land use.

Application.

Sketch plan. A sketch plan shall be submitted to the Town Planning Board for review and approval. Such sketch plan shall include all of the information specified in § 450-38 hereof.

Approval. Before district change approval may be granted, the Town Board shall hold a public hearing at which the sketch plan recommended upon by the Planning Board shall be presented. The Town Board may grant approval based on the sketch plan or the Board may require more specific information.

Final plan. Prior to the issuance of a building permit, the final plan shall be submitted to the Town Planning Board for review and approval. Such final plan shall include:

To encourage the development of areas within the Town of Maine where the industry beneficial to and needed in the community may develop.

To permit and encourage industrial uses to develop in a manner compatible with surrounding areas and compatible with the general quality of environment found in the Town of Maine.

To ensure an environment for development which will be free of encumbrances for industrial operations insomuch as such industrial operations do not endanger the public health, safety, welfare or visual environment of the Town of Maine.

A person may dispose of sludge, sewage sludge or septage as a permitted use within the Industrial District — ID, if all of the following conditions are met:

If all of the conditions enumerated hereinafter are met, nothing herein shall be deemed to prevent the disposal of sewage sludge on a site within the Town of Maine for which the New York State Department of Environmental Conservation has, as of the effective date of the ordinance which added this new paragraph to the Town of Maine Zoning Ordinance,[1] previously issued a valid permit for the disposal of sewage sludge:

Any and all uses permitted in the Business District B-1 and the Business District B-2 shall be uses permitted in the Industrial District – ID, subject to site plan review and approval by the Town Planning Board. During its site plan review process, the Town Planning Board shall apply the general district regulations (minimum front yard, minimum side yard, etc) of the Industrial District.

Commercial solar energy systems shall be allowed in the Industrial Zoning District only in accordance with the requirements of Article XVI and pursuant to site plan review.

All mining must submit, in addition to the requirements herein, a plan for the reuse of the land after completion of mining operations and a statement of intent on the part of the owner or operator that said plan will be completed in less than two years after mining operations have ceased.

The Town Planning Board shall review the area and proposed reuse and, where consistent with comprehensive planning, recommend the rezoning of the rehabilitated mining area.

Minimum lot requirements.

Maximum lot coverage. The gross area covered by buildings or structures of any sort shall be no more than 50% of the gross site area and the aggregate total of buildings, structures of any sort, parking lots, storage areas, loading and travel areas, and signs shall not exceed 80% of the gross site area.

Off-street parking and loading. Parking and loading areas in this district shall be supplied as designated in Article VI, Off-Street Parking and Loading, of this chapter.

Fences and walls. Fences and walls shall be set back at least three feet from property boundaries. They shall not block the vision of auto drivers entering or exiting from driveways and/or intersecting streets.

Performance standards. Standard methods of collection and chemical analysis, or any method approved by the United States Bureau of Standards, shall be used in the application of these standards.

Application, approval and plans. All land uses constructed in this district are subject to the site plan review requirements outlined in Article IX, Site Plan Review, of this chapter.

Runway Larger Than Utility With a Visibility Minimum Greater Than 3/4 Mile Nonprecision Instrument Approach Zone. The inner edge of this approach zone coincides with the width of the primary surface and is 500 feet wide. The approach zone expands outward uniformly to a width of 3,500 feet at a horizontal distance of 10,000 feet from the primary surface. Its center line is the continuation of the center line of the runway.

Precision Instrument Runway Approach Zone. The inner edge of this approach zone coincides with the width of the primary surface and is 1,000 feet wide. The approach zone expands outward uniformly to a width of 16,000 feet at a horizontal distance of 50,000 feet from the primary surface. Its center line is the continuation of the center line of the runway.

Horizontal Zone. The horizontal zone is established by swinging arcs of 10,000 feet from the center of each end of the primary surface of each runway and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal zone does not include the approach and transitional zones.

Conical Zone. The conical zone is established as the area that commences at the periphery of the horizontal zone and extends outward therefrom a horizontal distance of 4,000 feet.

Transitional Zones. The transitional zones are the areas beneath the transitional surfaces.

Runway Larger Than Utility With a Visibility Minimum Greater Than 3/4 Mile (runway 10-28) Nonprecision Instrument Approach Zone: Slopes 34 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extending runway center line.

Precision Instrument Runway (runway 16-34) Approach Zone: Slopes 50 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway center line; thence slopes upward 40 feet horizontally for each foot vertically to an additional horizontal distance of 40,000 feet along the extended runway center line.

Horizontal Zone: Established at 150 feet above the airport elevation or at a height of 1,780 feet above mean sea level.

Conical Zone: Slopes 20 feet outward for each foot upward beginning at the periphery of the horizontal zone and at 150 feet above the airport elevation and extending to a height of 350 feet above the airport elevation.

Transitional Zones: Slope seven feet outward for each foot upward beginning at the sides of and at the same elevation as the primary surface and the approach surface, and extending to a height of 150 feet above the airport elevation which is 1,630 feet above mean sea level. In addition to the foregoing, there are established height limits sloping seven feet outward for each foot upward beginning at the sides of and at the same elevation as the approach surface, and extending to where they intersect the conical surface. Where the precision instrument runway approach zone projects beyond the conical zone, there are established height limits sloping seven feet outward for each foot upward beginning at the sides of and at the same elevation as the approach surface, and extending a horizontal distance of 5,000 feet measured at ninety-degree angles to the extended runway center line.