Malta City Zoning Code
ARTICLE V
Permitted Uses, Uses Requiring Special Use Permits
§ 167-15 R-1 Residential District.
A.
The following uses shall be permitted in all areas of the Town of Malta designated R-1 Residential District:
(1)
Dwelling, one-family.
(2)
Agriculture, excluding poultry, livestock and fowl.
(3)
Residential home business.
(4)
Accessory uses.
(6)
Public utility structures and facilities, such as electric lines, poles, gas mains, telephone and telegraph lines and poles necessary to service the district (excluding major utility substations, major transmission lines, pipes, poles or mains), provided that they may only be located within public highway rights-of-way.
B.
Lot sizes shall be a minimum of 40,000 square feet.
C.
The following uses shall be permitted in all areas of the Town of Malta designated R-1 Residential District only when a special use permit is obtained pursuant to § 167-38.1 of this chapter:
(1)
Dwelling, two-family.
(2)
Church, with or without rectory.
(3)
Library or museum.
(4)
The keeping of an equid (Note: Any of various hoofed mammals of the family Eguidae, which includes horses, donkeys, and zebras. Equids have muscular bodies with long, slender legs adapted for running and a single hoofed digit at the end of each limb.) provided:
[Added 7-7-2008 by L.L. No. 4-2008]
(a)
The subject premises for which the application is made has 200 feet minimum road frontage;
(b)
Said property is a minimum size of three acres;
(c)
All buildings related to the keeping of the equid are subject to a front setback of 50 feet, a side setback of 50 feet, a rear setback requirement of 30 feet, that such buildings may not exceed 30 feet in height, and that all buildings on said property shall not exceed a coverage limit of 15%.
§ 167-15.1 R-2 Residential District.
(Reserved)
§ 167-16 R-3 Residential District.
A.
The following uses shall be permitted in all areas of the Town of Malta designated R-3 Residential District:
(1)
Dwelling, one-family.
(3)
Mobile home park.
(4)
Residential home business.
(5)
Accessory uses.
(7)
Public utility structures and facilities such as electric lines, poles, gas mains, telephone and telegraph lines and poles necessary to service the district (excluding major utility substations, major transmission lines, pipes, poles or mains), provided that they may only be located within public highway rights-of-way.
C.
Lot sizes shall be a minimum of 40,000 square feet.
§ 167-17 R-4 Residential District.
A.
The following uses shall be permitted in all areas of the Town of Malta designated R-4 Residential District:
(1)
Dwelling, one-family.
(2)
Residential home business.
(3)
Accessory uses.
(4)
Signs. Signs relating to the above-permitted uses and to the special use permit uses under § 167-17C are permitted subject to the provisions of Article VIII of this chapter.
(5)
Public utility structures and facilities, such as electric lines, poles, gas mains, telephone and telegraph lines and poles necessary to service the district (excluding major utility substations, major transmission lines, pipes, poles or mains), provided that they may only be located within public highway rights-of-way.
(6)
Lot sizes shall be a minimum of 15,000 square feet with a minimum frontage of 100 feet.
§ 167-17.1 R-5 Agricultural residential district.
A.
The following uses shall be permitted in all areas of the Town of Malta designated R-5 Agricultural Residential District:
(1)
Dwelling, one-family.
(2)
Agriculture, excluding poultry, livestock and fowl.
(3)
Residential home business.
(4)
Accessory uses.
(6)
Public utility structures and facilities, such as electric lines, poles, gas mains, telephone and telegraph lines and poles necessary to service the district (excluding major utility substations, major transmission lines, pipes, poles or mains), provided that they may only be located within public highway rights-of-way.
B.
Lot sizes of a minimum of 80,000 square feet with a minimum 200 feet of frontage.
§ 167-17.2 R-6 Agricultural Residential District.
A.
The following uses shall be permitted in all areas of the Town of Malta designated R-6 Agricultural Residential District:
(1)
Dwelling, one-family.
(2)
Agriculture, excluding poultry, livestock and fowl.
(3)
Residential home business.
(4)
Accessory uses.
(6)
Public utility structures and facilities, such as electric lines, poles, gas mains, telephone and telegraph lines and poles necessary to service the district (excluding major utility substations, major transmission lines, pipes, poles or mains), provided that they may only be located within public highway rights-of-way.
B.
Lot sizes shall be a minimum of 80,000 square feet with a minimum 300 feet of frontage.
§ 167-17.3 R-8 Agricultural Residential District.
A.
The following uses shall be permitted in all areas of the Town of Malta designated R-8 Agricultural Residential District:
(1)
Dwelling, one-family.
(2)
Agriculture, excluding poultry, livestock and fowl.
(3)
Residential home business.
(4)
Accessory uses.
(5)
Signs. Signs relating to the above-permitted uses and to the special use permit uses under § 167-17.3C are permitted subject to the provisions of Article VIII of this chapter.
(6)
Public utility structures and facilities, such as electric lines, poles, gas mains, telephone and telegraph lines and poles necessary to service the district (excluding major utility substations, major transmission lines, pipes, poles or mains), provided that they may only be located within public highway rights-of-way.
(7)
Lot sizes shall be a minimum of 200,000 square feet with a minimum 300 feet of frontage.
§ 167-18 (Reserved) [1]
[1]
Editor's Note: Former § 167-18, C-1 Downtown District, as amended, was repealed 2-4-2013 by L.L. No. 2-2013.
§ 167-19 C-2.
[Amended 10-3-2016 by L.L. No. 8-2016]
A.
The following uses shall be permitted in all areas of the Town of Malta designated C-2 Route 9 South of Downtown District.
(1)
Dwelling, one-family.
(2)
Dwelling, two-family.
(3)
Professional office.
(4)
Museum.
(5)
Municipal building.
(6)
Residential home business.
(7)
Accessory.
(9)
Public utility structures and facilities, such as electric lines, poles, gas mains, telephone and telegraph lines and poles necessary to service the district (excluding major utility substations, major transmission lines, pipes, poles or mains), provided that they may only be located within public highway rights-of-way.
B.
Lot size varies.
C.
The following uses shall be permitted in all areas of the Town of Malta designated C-2 Route 9 South of Downtown District only when a special use permit is obtained pursuant to § 167-38.1 of this chapter.
(1)
Light industry.
(2)
Self-service storage facility.
(3)
Technology or research office.
(4)
Library.
(5)
Business office.
(6)
Laboratory.
(7)
Theater.
(8)
Church, with or without rectory.
(9)
Nursing home, convalescent home, assisted living facility.
(10)
School, college or other educational facility.
(11)
Medical center.
(12)
Golf driving range.
(13)
Day-care center.
(14)
Mixed use (most restrictive).
(15)
Wholesale business.
(16)
Fitness center or recreation facility.
(17)
Major utility substations, poles, pipes or mains, provided that such poles, pipes or mains may only be located within the public highway right-of-way.
(18)
Recreation facility.
D.
An overlay district (NOTE: Where any conflict between C-2 zoning and the Route 67 West Overlay exist above, the Route 67 West Overlay criteria shall apply.) is established as set forth on and in the Area, Frontage, Bulk, Height and Setback Requirements Table annexed to this chapter as Exhibit A and Official Zoning Map annexed to this chapter as Exhibit B. Within this Overlay District:
[Added 10-3-2016 by L.L. No. 8-2016]
§ 167-19.1 C-3 New York State Energy Research and Development Authority (NYSERDA) District.
A.
The following uses shall be permitted in all areas of the Town of Malta designated C-3 NYSERDA District.
(1)
Light industrial.
(2)
Professional office.
(3)
Adult entertainment.
(4)
Research and development.
(5)
School, college or other educational facility.
(6)
Municipal building.
(7)
Incidental uses, such as structured parking, conference facilities, nondestination retail food establishments, nondestination banking facilities, educational and training facilities, day care, and such utility facilities as compressed air, chilled water, stream, distributed generation and combined heat and power facilities, so long as all such incidental uses are designed to supply service to individuals and buildings located in the C-3 Zone.
B.
Lot size varies.
C.
The following uses shall be permitted in all areas of the Town of Malta designated C-3 NYSERDA District only when a special use permit is obtained pursuant to § 167-38.1 of this chapter. A minimum distance of 50 feet is required between a commercial use and/or building to the nearest property line of a residential district.
§ 167-19.2 C-4 Route 9 North of Downtown District.
A.
The following uses shall be permitted in all areas of the Town of Malta designated C-4 Route 9 North of Downtown District. All one-family and two-family dwellings will be prohibited within the first 500 feet of Route 9 in the Route 9 North Commercial Corridor.
[Amended 7-2-2018 by L.L. No. 9-2018]
(1)
Dwelling, one-family.
(2)
Dwelling, two-family.
(3)
Professional office.
(4)
Museum.
(5)
Municipal building.
(6)
Animal hospital.
(7)
Residential home business.
(8)
Accessory.
(10)
Public utility structures and facilities, such as electric lines, poles, gas mains, telephone and telegraph lines and poles necessary to service the district (excluding major utility substations, major transmission lines, pipes, poles or mains), provided that they may only be located within public highway rights-of-way.
B.
The following uses shall be permitted in all areas of the Town of Malta designated C-4 Route 9 North of Downtown District only when a special use permit is obtained pursuant to § 167-38.1 of this chapter.
(1)
Business office.
(2)
Technology or research office.
(3)
Laboratory.
(4)
Theater.
(5)
Church, with or without rectory.
(6)
Nursing home, convalescent home, assisted living facility.
(7)
School, college or other educational facility.
(8)
Medical center.
(9)
Golf-driving range.
(10)
Day-care center.
(11)
Mixed use (most restrictive).
(12)
Library.
(13)
Wholesale business.
(14)
Fitness center or recreation facility.
(15)
Major utility substations, poles, pipes or mains, provided that such poles, pipes or mains may only be located within the public highway right-of-way.
(16)
Recreation facility.
C.
All development in the Route 9 North Commercial Corridor shall have a fifty-foot minimum building setback from the Route 9 right-of-way.
[Added 7-2-2018 by L.L. No. 9-2018]
§ 167-19.3 C-5 Exit 11 Hamlet Commercial District.
A.
The following uses shall be permitted in all areas of the Town of Malta designated C-5 Exit 11 Hamlet Commercial District.
(1)
Dwelling, one-family.
(2)
Municipal building.
(3)
Residential home business.
(4)
Accessory.
(6)
Public utility structures and facilities, such as electric lines, poles, gas mains, telephone and telegraph lines and poles necessary to service the district (excluding major utility substations, major transmission lines, pipes, poles or mains), provided that they may only be located within public highway rights-of-way.
B.
The following uses shall be permitted in all areas of the Town of Malta designated C-5 Exit 11 Hamlet Commercial District only when a special use permit is obtained pursuant to § 167-38.1 of this chapter.
(1)
Dwelling, two-family;
(2)
Church, with or without rectory.
(3)
Restaurant (no drive-through).
(4)
Personal service shop.
(5)
Day-care center.
(6)
Mixed use (most restrictive).
(7)
School, college or other educational facility.
(8)
Professional office.
(9)
Business office.
(10)
Convenience store (no gasoline).
(11)
Fitness center.
(12)
Recreation facility.
(13)
Bank.
[Added 10-5-2009 by L.L. No. 9-2009]
§ 167-19.4 C-6 Four-Corner Commercial District.
A.
The following uses shall be permitted in all areas of the Town of Malta designated C-6 Four-Corner Commercial District.
(1)
Dwelling, one-family.
(2)
Municipal building.
(3)
Residential home business.
(4)
Accessory.
(6)
Public utility structures and facilities, such as electric lines, poles, gas mains, telephone and telegraph lines and poles necessary to service the district (excluding major utility substations, major transmission lines, pipes, poles or mains), provided that they may only be located within public highway rights-of-way.
§ 167-19.5 C-7 Highway Commercial Exit 13 East District (extending 500 feet from NYS Route 9).
[Amended 7-2-2018 by L.L. No. 9-2018]
The uses, special use and area requirements for Zone C-7 are set forth in the table annexed at the end of Chapter 167 titled "C-7 Route 9 North."[1] All construction occurring after the effective date of this section be in conformity with the Route 9 North Commercial Corridor Standards and Guidelines, as the same may be from time to time amended, a copy of which is available from the Town of Malta Building and Planning Department.
[1]
Editor's Note: See "Area, Frontage, Bulk, Height, and Setback Requirements For Commercial Zoning Districts," included as an attachment to this chapter.
§ 167-19.6 C-8 Highway Commercial Exit 13 West District (extending 500 feet from NYS Route 9).
[Amended 7-2-2018 by L.L. No. 9-2018]
The uses, special use and area requirements for Zone C-8 are set forth in the table annexed at the end of Chapter 167 titled "C-8 Exit 13."[1] All construction occurring after the effective date of this section shall be in conformity with the Route 9 North Commercial Corridor Standards and Guidelines, as the same may be from time to time amended, a copy of which is available from the Town of Malta Building and Planning Department.
[1]
Editor's Note: See "Area, Frontage, Bulk, Height, and Setback Requirements For Commercial Zoning Districts," included as an attachment to this chapter.
§ 167-19.7 C-9 Gateway.
[Added 7-2-2018 by L.L. No. 9-2018]
The uses, special use and area requirements for Zone C-9 are set forth in the table annexed at the end of Chapter 167 titled: "C-9 Gateway."[1] All construction occurring after the effective date of this section shall be in conformity with the Route 9 North Commercial Corridor Standards and Guidelines, as the same may be from time to time amended, a copy of which is available from the Town of Malta Building and Planning Department.
[1]
Editor's Note: See "Area, Frontage, Bulk, Height, and Setback Requirements For Commercial Zoning Districts," included as an attachment to this chapter.
§ 167-20 Land Conservation District.
A.
The following uses shall be permitted in all areas of the Town of Malta designated Land Conservation District:
(1)
Agricultural (excluding poultry, livestock and fowl).
(2)
Accessory.
(4)
Public utility structures and facilities, such as electric lines, poles, gas mains, telephone and telegraph lines and poles necessary to service the district (excluding major utility substations, major transmission lines, pipes, poles or mains), provided that they may only be located within public highway rights-of-way.
§ 167-21 Stream buffers and steep slope restrictions.
[Added 3-5-2007 by L.L. No. 6-2007]
A.
In order to further the goal of the protection of Malta's watershed areas, as well as to preserve the scenic character and water quality of Malta's streams, and to reduce the risk of damage due to flooding, there shall be a buffer of 100 feet on each side of any NY State Department of Environmental Conservation classified stream, Class D or higher, and a buffer of 50 feet on each side of any unclassified perennial stream. Cutting of trees and other vegetation within stream buffers is prohibited, except as provided below.
B.
Except as otherwise specifically provided, buffers shall be measured from the mean high water mark of the stream on each side of the stream.
C.
No soil disturbance will be permitted, nor will a building permit be issued wtih respect to property lying within the stream buffer.
D.
There shall be no septic systems, permanent structures or impervious cover within the stream buffer.
E.
The use of chemicals, such as fertilizers and pesticides, is prohibited within any buffer.
F.
The only allowable uses within a buffer shall be:
(1)
Utility rights-of-way;
(2)
Biking or hiking paths;
(3)
Limited tree clearing. No more than 1/3 of the crown canopy may be cut over any ten-year period, with the exception of the removal of diseased, rotten, or damaged vegetation, or of other vegetation that presents safety or health hazards. All cutting of vegetation shall be approved by the Town's Code Enforcement Officer prior to such cutting.
G.
Topography can greatly influence both the volumes and velocities of runoff. Steep slopes increase runoff velocity, and long slopes increase runoff volume. These conditions increase the potential for erosion to occur. There shall be no construction, disturbance of soil, cutting or development, on slopes with a grade in excess of 15%.
§ 167-22 Utility lots.
[Added 7-7-2014 by L.L. No. 4-2014]
A.
Purpose. In the course of development, it may be necessary to site utility facilities on lots separately created for this sole purpose. Strict application of zoning limitations may inadvertently hamper or even prevent utility placement on separately created lots. For example, a utility lot may not be directly contiguous to a public roadway; it may not meet minimum lot size, frontage, setback or minimum lot coverage requirements. It is the Town's intention to allow creation of otherwise substandard lots for utility facility placement when devoted to facilitating development of surrounding or contiguous lands.
B. INTEGRATED SUPPLY NETWORK UTILITY UTILITY LOT
Definitions. As used in this section, the following terms shall have the meanings indicated:
A network intended to supply utilities or other supplies or services where the individual delivery is united with a larger coordinated system.
Infrastructure for the distribution of gas, electricity, water, information, or discharge of stormwater or sewage, for a specific residential subdivision or planned development district, delivered by an integrated supply network. "Utility" shall not include water towers, cell towers, power transmission lines, outdoor generation, photovoltaic arrays, substations, pipelines, satellite dishes, microwave dishes and conversion stations.
A lot created within the Town soles for the placement of utility facilities.
C.
The creation of a utility lot is subject to Town Planning Board subdivision review authority pursuant to Chapter 143 of the Malta Town Code.
D.
In all zoning districts of the Town currently existing or hereinafter created, including all planned development districts, in which utility use is not an allowed use, it shall be a permitted use and will be subject to Town Planning Board special use permit review authority pursuant to Town Code § 167-38.1.
E.
Utility lots are not subject to any dimensional limitations otherwise established by this chapter, including maximum lot coverage limitations, minimum lot size requirements, minimum setback requirements and minimum road frontage requirements. The sufficiency and/or suitability of the lot for its intended purpose will be considered by the Planning Board during special use permit review.