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Manchester Town City Zoning Code

PART 2

Base Zoning Districts

§ 325-20.1 Establishment.

The residential districts established for the Town of Manchester include:
Table 20-1: Residential Districts
District Name
Map Symbol
Rural Residential
RR
Hamlet Residential
HR

§ 325-20.2 Purpose statements.

A. 
Rural Residential (RR). The purpose of the RR District is to complement the rural character and agriculture preservation goals of the Town of Manchester Comprehensive Plan by allowing for low-density residential development opportunities. RR District areas should be strategically located where the conditions of the environment, availability of utilities, and surrounding land use patterns dictate that residential densities and the amount of land covered by impervious surfaces remain low. Generally, development shall be directed where public water, but not necessarily public sewer, exists or is expected. Provisions should also be made for clustering building sites where environmental conditions permit and where the clustering of units can preserve the rural character of Manchester's countryside.
B. 
Hamlet Residential (HR). The purpose of the HR District is to implement the vision and development goals contained in the Town of Manchester Comprehensive Plan for the Hamlet of Port Gibson. Although the Hamlet is not urban in a traditional city sense, it provides a denser living environment than found elsewhere in the Town. Port Gibson's neighborhoods are generally characterized by single-family homes on lots of one acre or less with unobstructed front yards and pedestrian-scaled streetscapes. The Hamlet was established in a quasi-grid settlement pattern providing a walkable, connected environment. The highest density of development is located along the Erie Canal and at the center of the Hamlet. The intent of the HR District is to encourage investment and stability in Port Gibson's neighborhoods, while accommodating growth opportunities that respect its existing historic character and the rural areas surrounding the Hamlet.

§ 325-20.3 Permitted and specially permitted uses.

A. 
Uses identified with "P" in Table 20-2 are permitted in the subject zoning district, subject to compliance with all other applicable standards of this zoning law.
B. 
Uses identified with "SUP" in Table 20-2 may be allowed if reviewed and approved in accordance with the special use permit procedures contained in Article 64.
C. 
Uses not listed and those identified with "–" are prohibited.
Table 20-2: District Uses
RR
HR
Additional Regulations
RESIDENTIAL
Single-family dwelling1
P
P
Two-family dwelling
SUP
P
Multiple-family dwelling, up to 4 units
SUP
§ 325-40.24
Adult care facility
SUP
SUP
§ 325-40.3
Bed-and-breakfast
SUP
P
§ 325-40.8
OTHER
Agricultural operation
P
Educational institution
P
SUP
Essential services
SUP
SUP
Public park or playground
P
P
Religious institution
P
P
Telecommunications facility
SUP
SUP
§ 325-40.31
ACCESSORY
Accessory structure or use
P
P
§ 325-40.2
Exterior furnace or outdoor heating device
P
§ 325-40.15
Home occupation, residential
P
P
§ 325-40.20
Home occupation, agricultural
SUP
§ 325-40.20
Keeping of farm animals, poultry, or bees
SUP
§ 325-40.21
Parking area or lot
P
P
Article 51
Pond
P
SUP
§ 325-40.28
Tier 1 or 2 solar energy collection system
P
P
§ 325-40.33
Temporary storage unit
P
P
§ 325-40.30
NOTES:
(1)
No single-family dwelling shall be smaller than 1,000 square feet in ground floor area.

§ 325-20.4 Applicable standards.

A. 
In addition to the requirements within Article 20, the requirements of Part 5, Development Standards, of this chapter shall apply to the residential districts within the Town.
B. 
Uses may be subject to site plan review in accordance with § 325-62.2.

§ 325-20.5 Lot, area, and setback requirements.

The following requirements shall apply to principal and accessory structures and uses in the residential districts within the Town. Paved surfaces, such as driveways and parking spaces, shall not be subject to the requirements of Table 20-3, but shall conform to the requirements of Article 51.
Table 20-3: Lot, Area, and Setback Requirements
RR
HR
A. MINIMUM LOT SIZE
Residential use
30,000 square feet
15,000 square feet
Located along Erie canal
4,000 square feet
Without water service
2 acres
20,000 square feet
Nonresidential use
2 acres
20,000 square feet
B. MINIMUM LOT WIDTH
Residential use
100 feet
65 feet
Located along Erie canal
50 feet
Without water service
175 feet
80 feet
Nonresidential use
200 feet
80 feet
C. MINIMUM FRONT SETBACK
Residential use
50 feet
20 feet
Nonresidential use
50 feet
20 feet
D. MINIMUM SIDE SETBACK
Principal structure or use
25 feet
15 feet
Accessory structure or use
10 feet
5 feet
E. MINIMUM REAR SETBACK
Principal structure or use
50 feet
20 feet
Accessory structure or use
5 feet
5 feet

§ 325-20.6 Dimensional and bulk requirements.

The following requirements shall apply to the residential districts within the Town.
Table 20-4: Dimensional and Bulk Requirements
RR
HR
Maximum building height
Principal structure
35 feet
2.5 stories
35 feet
2.5 stories
Accessory structure
18 feet
16 feet
Maximum lot coverage
Gross impervious surface and structures
25%
35%
Minimum reserved open space1
Green space or landscaped area
35%
30%
NOTES:
(1)
These areas shall consist of, to the maximum extent possible, retention of existing natural site vegetation, as well as landscaping. Impermeable surfaces, retention ponds and facilities may not be included in the green space calculation.

§ 325-21.1 Establishment.

The commercial districts established for the Town of Manchester include:
Table 21-1: Commercial Districts
District Name
Map Symbol
General Commercial
GC
Hamlet Commercial
HC

§ 325-21.2 Purpose statements.

A. 
General Commercial (GC). The purpose of the GC District this district is to support the provision of a broad range of commercial goods and services that serve residents and the greater Manchester community in accordance with the vision and development goals of the Town's Comprehensive Plan. Uses in this district should not only strengthen the economic vitality of Manchester, but also contribute to its attractiveness as a place to live, work, recreate, and invest. The mixing of uses in the GC District is encouraged. Future development and investment in the GC District shall observe the following:
1) 
Building appearance, including architectural treatments, palettes, and the general design of all buildings and grounds, is of such quality and design as to be a visual asset to the area and adjacent development.
2) 
Sound planning, landscape, and buffering management practices are utilized to enhance the separation and compatibility of adjacent commercial, residential, and agricultural uses and all other nearby properties.
3) 
Safe highway management practices are utilized to ensure a sustainable land use development pattern and foster the development of welcoming streetscapes and gateways in and around commercial activity nodes.
4) 
Transportation facilities are located and designed to encourage walking and biking to, from, and within commercial sites and accommodate people of all ages and abilities.
B. 
Hamlet Commercial (HC). The purpose of the HC District is to support the vision and development goals of the Town of Manchester Comprehensive Plan for the Hamlet of Port Gibson. This district shall support development that enhances and contributes to Port Gibson's historic character. More specifically, the HC District is intended to foster the development of a small-scale, mixed use residential, commercial, and civic activity center that serves the community in a manner consistent with the pedestrian-oriented and traditional character of the Hamlet.

§ 325-21.3 Permitted and specially permitted uses.

A. 
Uses identified with "P" in Table 21-2 are permitted in the subject zoning district, subject to compliance with all other applicable standards of this zoning law.
B. 
Uses identified with "SUP" in Table 21-2 may be allowed if reviewed and approved in accordance with the special use permit procedures contained in Article 64.
C. 
Uses not listed and those identified with "–" are prohibited.
Table 21-2: District Uses
GC
HC
Additional Regulations
RESIDENTIAL
Multiple-family dwelling
SUP
SUP
§ 325-40.24
Upper floor residential unit
P
P
COMMERCIAL
Administrative or professional office
P
P
Animal hospital
P
P
Automotive sales, service, or repair shop
SUP
§§ 325-40.6 and 325-40.7
Brewery, winery, or distillery
SUP
SUP
§ 325-40.9
Car wash
SUP
§ 325-40.11
Dance, art, photo, or music studio
P
P
Day care facility, youth or adult
P
P
§ 325-40.12
Eating or drinking establishment
P
P
§ 325-40.14
Funeral home
SUP
Gasoline station
SUP
SUP
§ 325-40.7
Gym or health club
P
P
Hospital
SUP
Kennel
SUP
§ 325-40.22
Laundromat or dry-cleaning outlet
P
P
Lodging
P
P
Medical clinic or office
P
P
Recreation facility, indoor
P
P
Recreation facility, outdoor
SUP
§ 325-40.25
Retail store or personal service shop
P
P
OTHER
Educational institution
Essential services
SUP
Mix of uses
See Most Restrictive Use
Public park or playground
P
P
Religious institution
Tier 3 solar energy collection system
SUP
SUP
§ 325-40.33
Telecommunications facility
SUP
SUP
§ 325-40.31
ACCESSORY
Accessory structure or use
P
P
§ 325-40.2
Drive-through facility
SUP
§ 325-40.13
Home occupation, residential
P
P
§ 325-40.20
Outdoor sales or display
P
SUP
§ 325-40.26
Outdoor storage
P
SUP
§ 325-40.27
Parking area or lot
P
P
Article 51
Tier 1 or 2 solar energy collection system
P
P
§ 325-40.33
Temporary storage unit
P
P
§ 325-40.30

§ 325-21.4 Applicable standards.

A. 
In addition to the requirements within Article 21, the requirements of Part 5, Development Standards, of this chapter shall apply to the commercial districts within the Town.
B. 
Uses may be subject to site plan review in accordance with § 325-62.2.

§ 325-21.5 Lot, area, and setback requirements.

The following requirements shall apply to principal and accessory structures and uses in the commercial districts within the Town. Paved surfaces, such as driveways and parking spaces, shall not be subject to the requirements of Table 21-3, but shall conform to the requirements of Article 51.
Table 21-3: Lot, Area, and Setback Requirements
GC
HC
A. Minimum lot size
20,000 square feet
15,000 square feet
B. Minimum lot width
80 feet
40 feet
C. Front setback
Residential use
40 feet minimum
20 feet minimum
Nonresidential use
40 feet minimum
70 feet maximum
0 feet minimum
5 feet maximum
D. Minimum side setback1
Principal structure or use
20/35 feet
0/15 feet
Accessory structure or use
25 feet
0/5 feet
E. Minimum rear setback1
Principal structure or use
25/50 feet
10/25 feet
Accessory structure or use
10/25 feet
0/15 feet
NOTES:
(1)
The first number represents the required setback, the second number is the required setback if the lot is adjacent to a residential use or district.

§ 325-21.6 Dimensional and bulk requirements.

The following requirements shall apply to the commercial districts within the Town.
Table 21-4: Dimensional and Bulk Requirements
GC
HC
Maximum building height
Principal structure
45 feet
3 stories
45 feet
3 stories
Accessory structure
15 feet
12 feet
Maximum lot coverage
Gross impervious surface and structures
65%
85%
Minimum reserved open space1
Green space or landscaped area
35%
15%
NOTES:
(1)
These areas shall consist of, to the maximum extent possible, retention of existing natural site vegetation, as well as landscaping. Impermeable surfaces, retention ponds and facilities may not be included in the green space calculation. No permitted or specially permitted use shall take place on any area identified in the approved site plan as making up the green space required by this section.

§ 325-22.1 Establishment.

The industrial districts established for the Town of Manchester include:
Table 22-1: Industrial Districts
District Name
Map Symbol
General industrial
GI
Light industrial
LI
Rail-enabled industrial
REI

§ 325-22.2 Purpose statements.

A. 
General Industrial (GI). The purpose of the GI District is to accommodate industrial activity, which may be more intensive than light industrial activity, in a manner that supports the goals and objectives contained in the Town's Comprehensive Plan. The General Industrial District is established to provide opportunities for a wide range of manufacturing and extractive activities, which have a greater potential for negative impacts on surrounding properties. Uses permitted in the GI District shall be in areas where public utilities and adequate transportation facilities are available. Developments in this district shall employ techniques to minimize negative impacts (including traffic, parking, glare, noise, odor, etc.) on adjacent non-industrial uses, especially established residential districts and environmentally sensitive areas.
B. 
Light Industrial (LI). The purpose of the LI District is to encourage the development of a wide range of light industrial, manufacturing, and distribution activities in order to support the goals and objectives contained in the Town's Comprehensive Plan. Development within this district should be campus-style in building design and layout and should facilitate internal pedestrian circulation systems that are linked to external walkways where practicable. Light industrial uses allowable within this district shall be operated within an enclosed building and employ techniques to minimize negative impacts (including, but not limited to traffic, parking, glare, noise, dust, odor, etc.) on adjacent non-industrial uses, especially established residential districts and environmentally sensitive areas. The architectural treatment and general appearance of all buildings and grounds shall be in keeping with the purpose of this district and shall be of such quality and design as to be a visual asset to the area in which they are located as well as adjacent properties.
C. 
Rail-Enabled Industrial (REI).
1) 
The purpose of this district is to expand economic opportunities for manufacturing and light industrial businesses that make use of freight rail services. This is to be accomplished in a manner that is compatible with, and sensitive to its village and surrounding land use context, and incorporates reasonable and appropriate site plan design elements consistent with established plans concerning the area to be contained within the district, including the Ontario County Freight Corridor Development Plan.
2) 
These provisions are hereby adopted pursuant to the goals framework and future land use recommendations contained in the 2017 Joint Comprehensive Plan - Town of Manchester and Villages of Clifton Springs, Shortsville, and Manchester adopted by the Town of Manchester in 2018 and the Ontario County Freight Corridor Development Plan - Town of Manchester.

§ 325-22.3 Permitted and specially permitted uses.

A. 
Uses identified with "P" in Table 22-2 are permitted in the subject zoning district, subject to compliance with all other applicable standards of this zoning law.
B. 
Uses identified with "SUP" in Table 22-2 may be allowed if reviewed and approved in accordance with the special use permit procedures contained in Article 64.
C. 
Uses not listed and those identified with "–" are prohibited.
Table 22-2: District Uses
GI
LI
REI
Additional Regulations
RESIDENTIAL
Live/work unit
SUP
P
P
Upper floor residential unit
P
P
INDUSTRIAL/COMMERCIAL
Agricultural and food processing or packaging plant
P
P
P
Administrative or professional office
P
P
Adult use and entertainment establishment
SUP
SUP
§ 325-40.4
Animal hospital
SUP
P
Automotive sales, service, or repair shop
P
§§ 325-40.6 and 325-40.7
Contractor or building material storage yard
P
Extractive or mining operation
P
§ 325-40.19
Kennel
SUP
SUP
§ 325-40.22
Landfill site or waste disposal operation
SUP
Laundry or dry-cleaning plant1
P
P
Lumberyard
P
Manufacturing, production, processing, packaging, or assembly facility1
P
P
P
Outdoor industrial operation
P
Printing or publishing operation
P
P
P
Rail facility, associated with warehouse and distribution activities
P
§ 325-40.32
Research and development facility or laboratory1
P
P
P
Self-service storage facility
SUP
P
Warehouse, for storage or distribution of goods1
P
P
P
Truck or multimodal transport terminal
P
SUP
P
§ 325-40.32
OTHER
Agricultural operation
P
P
P2
Essential services
P
P
P
Mix of uses
See Most Restrictive Use
Parking lot, as principal use of lot
SUP
SUP
SUP
Article 51
Tier 3 solar energy collection system
SUP
SUP
SUP
§ 325-40.33
Telecommunications facility
SUP
SUP
SUP
§ 325-40.31
ACCESSORY
Accessory structure or use
P
P
P
§ 325-40.2
Outdoor sales or display
P
SUP
§ 325-40.26
Outdoor storage
P
SUP
§ 325-40.27
Parking area or lot
P
P
P
Article 51
Tier 1 or 2 solar energy collection system
P
P
P
§ 325-40.33
Storage of trucks, trailers, chassis, and rail cars, associated with warehouse and distribution activities
P
P
P
Temporary storage unit
P
P
P
§ 325-40.30
NOTES:
(1)
If conducted entirely within an enclosed building.
(2)
If located in an Ontario County Agricultural District.

§ 325-22.4 Applicable standards.

A. 
In addition to the requirements within Article 22, the requirements of Part 5, Development Standards, of this chapter shall apply to the industrial districts within the Town.
B. 
Uses may be subject to site plan review in accordance with § 325-62.2.

§ 325-22.5 Lot, area, and setback requirements.

The following requirements shall apply to principal and accessory structures and uses in the industrial districts within the Town. Paved surfaces, such as driveways and parking spaces, shall not be subject to the requirements of Table 22-3, but shall conform to the requirements of Article 51.
Table 22-3: Lot, Area, and Setback Requirements
GI
LI
REI
A. Minimum lot size
2 acres
2 acres
SPR1
B. Minimum lot width
300 feet
150 feet
SPR1
C. Minimum setback
From front property line
100 feet
50 feet
50 feet2
From property boundary of rail operator
25 feet3
D. Minimum side setback4
Principal structure or use
50/500 feet
50/150 feet
50/150 feet2
Accessory structure or use
20 feet
20 feet
20 feet
E. Minimum rear setback4
Principal structure or use
50/500 feet
50/150 feet
50/150 feet2
Accessory structure or use
20 feet
20 feet
20 feet
NOTES:
(1)
SPR indicates that the requirement shall be determined as part of site plan review.
(2)
Lot line setbacks may be reduced to zero at the discretion of the Planning Board where the development encompasses an adjoining parcel owned by the same owner if the Planning Board determines it is in the interest of public health and safety and promotes the efficient use of land and environmental protection.
(3)
Setbacks for rail spurs located on the project property will be determined by the Planning Board based on the recommendation of the rail operator and to ensure what is necessary for public safety.
(4)
The larger shall be the required minimum setback from the nearest lot line of a lot on which any dwelling, hospital, school, manufactured home, manufactured home community, manufactured home park use, park or recreational use is already existing, is permitted or is specially permitted. The entirety of such setback buffer area shall be green space but may include detention ponds if they are a part of a green infrastructure stormwater management plan and do not reduce the performance of the buffer to provide visual screening and noise attenuation.

§ 325-22.6 Dimensional and bulk requirements.

The following requirements shall apply to the industrial districts within the Town.
Table 22-4: Dimensional and Bulk Requirements
GI
LI
REI
Maximum building height
Principal structure
45 feet
45 feet
45 feet
Accessory structure
20 feet
20 feet
20 feet
Maximum lot coverage
Gross impervious surface and structures
65%
65%
65%
Minimum reserved open space1
Green space or landscaped area
35%
35%
35%
NOTES:
(1)
These areas shall consist of, to the maximum extent possible, retention of existing natural site vegetation, as well as landscaping. Impermeable surfaces, retention ponds and facilities may not be included in the green space calculation. No permitted or specially permitted use shall take place on any area identified in the approved site plan as making up the green space required by this section.

§ 325-22.7 REI district performance standards.

A. 
Applicability. This section applies solely to the REI District. Where provisions elsewhere in Chapter 325 conflict with these provisions, the performance standards stated in this section shall apply.
B. 
Flexible use of space. Each parcel is allowed to contain multiple permitted and/or specially permitted uses, and, therefore, each parcel is further allowed to contain multiple buildings, and each building may contain multiple permitted and/or specially permitted uses which may be operated by the building owner or under lease, or other acceptable legal arrangement, to another entity upon receipt of site plan approval.
C. 
General requirements.
1) 
All uses and operations shall be required to adhere to federal, state, county and local laws and regulations. The production, processing and assembly operations including storage and/or processing of raw materials on site shall maintain standards and prevent such materials and operations related to the industry so as to mitigate smoke, dust, noise, odors, glare or any other deleterious by-products according to measures specified in the site plan or pursuant to the State Environmental Quality Review process.
2) 
Upon receipt of the completed application the Planning Board shall submit the completed application to the Ontario County Planning Board for review pursuant to General Municipal Law §§ 239-l and 239-m.
3) 
An environmental review pursuant to 6 NYCRR Part 617 (SEQR) shall be completed prior to approval by the Planning Board.
4) 
All required and additional certificates, licenses and permits shall be provided prior to final site plan approval.
D. 
Site plan approval.
1) 
All new construction, whether a new building or structure, any addition to an existing building or structure, any alteration or modification of a current lot or parcel and/or any new use of a lot or parcel shall require a site plan approval by the Planning Board as set forth in Article 62 of this chapter and this section. As applied to agricultural uses, this requirement only applies to agricultural uses on parcels included in an Ontario County Agricultural District that are not deemed unreasonably restrictive pursuant to NYS Department of Agricultural and Markets ARTICLE 25AA — Agricultural Districts.[1]
[1]
Editor's Note: See the Agriculture and Markets Law, Ch. 69, Art. 25-AA, Agricultural Districts.
2) 
All applicants are required to have a pre-application meeting with the Code Enforcement Officer and a member of the Planning Board to review the proposed project review process and potential timeline.
3) 
The Planning Board shall have the authority to establish reasonable engineering and design requirements that are necessary to protect public health, safety and environmental quality. In addition to the provision of Article 62 the following additional items must be included as part of the site plan:
i. 
Location of current rail access to the site. If the site does not have rail access, the rail operator shall provide a recommendation regarding the technical feasibility of providing access based on safety and applicable design criteria. Based on that recommendation, the rail location shall be delineated on the site plan before siting the location of buildings, structures, and roads.
ii. 
Verification from the railroad operator that the proposed alignment has been reviewed and approved and will provide safe and efficient access. If construction of rail access is included as part of a site plan application, also include details of the construction of the rail access including a timeframe to complete such construction.
iii. 
Documentation confirming the proposed site plan provides for preservation and maintenance of the predevelopment detention capacity and complies with applicable NYSDEC regulations and applicable permit requirements [e.g., State Pollution Elimination System Permits (SPDES) for stormwater management].
4) 
An application to modify an approved site plan, including, but not limited to, an application for a change of use, the addition of a use(s), the addition of an improvement, the alteration of an improvement or the layout or design of any lot or parcel included in an approved site plan must be submitted to the Planning Board for additional site plan review and approval in accordance with the procedure set forth in Article 62 of this chapter and this section.
5) 
Where a site plan application is associated with a request for subdivision (including parcel consolidation) the Planning Board may require submission of a clustered project pursuant to § 275-30 of the Town of Manchester Subdivision Regulations.[2]
[2]
Editor's Note: See Ch. 275, Subdivision of Land, of this Code.
6) 
A preconstruction meeting shall be requested by the developer and scheduled through the Code Enforcement Officer prior to the start of construction of a development. The developer, their contractor and design engineer shall meet with all utility representatives, the Code Enforcement Officer, Town Engineer, appropriate department representatives and project observers to discuss the overall project, its impacts and schedules. A schedule of construction shall be presented in writing at this meeting by the site contractor.
E. 
Minimum setback between buildings and structures. The minimum setback between buildings and/or structures shall be determined by the standards established by the New York State Uniform Fire Prevention and Building Code. The Planning Board shall increase the minimum setback upon recommendation of the public official responsible for providing emergency response to ensure that adequate access and space is provided for movement and staging of public safety and emergency response vehicles and equipment.
F. 
Landscaping and buffering.
1) 
A landscape plan prepared by a licensed landscape architect to specifications provided by the Planning Board is required that will address the following:
i. 
For all new buildings and structures, landscaping across the front of buildings, the front highway line, property boundaries and pedestrian walkway areas and visitor and employee parking areas.
ii. 
Landscaping or other treatments to screen outdoor storage areas.
iii. 
The 150-foot buffer setback shall be designed to address the specific context of the adjoining uses and their buffering needs. It will combine the use of native vegetative plantings, retention of natural vegetation berms, and/or other reasonable and appropriate design elements to create a visual buffer and attenuate noise from the site within two years of installation. The plan will include details concerning the type, height, and location of all plantings and design elements.
2) 
Mechanical appurtenances are to be properly screened by landscaping and rooftop mechanical units are to be screened from public view. The location, size and proposed method of screening is subject to consideration through the site plan review process and must be depicted on site plan and elevation drawings. All dumpsters in a permanent location shall be enclosed and surrounded by a fenced area with a secured gate in front and landscaping around the remaining three sides where applicable. In no instance shall the dumpster be visible from along the public way.
G. 
Vehicle traffic pedestrian flow design.
1) 
Traffic impact study shall be provided prepared according to NYS Department of Transportation's "Typical Elements that should be included in a Traffic Impact Study," as amended, and any additional elements deemed necessary by the Planning Board.
2) 
Curb cuts. The site plan must contain a curb cut(s) providing for safe vehicular ingress and egress.
3) 
Ingress and egress design shall provide and maintain highway and access road safety according to requirements established for access to county or local roads.
4) 
All entrance/exit center lines and access roads shall be completely and clearly marked and maintained to provide highway safety.
5) 
Pedestrian walkways, if deemed appropriate, shall be completely and clearly marked and maintained to provide pedestrian safety.
6) 
Curb cuts and landscaped areas shall be designed to be easily maintained and protected by a concrete or granite curbing if deemed appropriate.
7) 
Snow management plan shall be provided.
8) 
Sidewalks, parking lots, loading areas and roadways shall be protected from roof water icing.
9) 
Access road development shall be created for industrial sites with adjoining property boundaries where ingress or egress curb cuts are separated by a distance of less than 400 feet.
10) 
All access roads, driveways and parking areas shall be hard-surfaced stone/gravel roads, concrete or asphalt paved.
11) 
No access road shall be less than 30 feet from the public right-of-way.
12) 
Access points to public highways shall be minimized and spaced and located according to county and local requirements.
13) 
All such roads or highways or culverts are subject to review and approval prior to receipt of site plan approval by the Superintendent of Highways, Fire Department, and Ontario County Department of Public Works as applicable for projects involving county roads.
14) 
No construction or impervious surfaces shall be permitted within 100 feet of the center line of any stream classified by the New York State Department of Environmental Conservation under Article 15, Title 5, of the New York State Environmental Conservation Law.
15) 
All operations that require the outside storage of equipment, fixed or portable, motor vehicles or materials shall not be stored or displayed within 150 feet of the boundary line of a residential district or within the buffer setback.
H. 
Maintenance. The improvements on a lot or parcel and the use or uses permitted on a lot or parcel must be designed and maintained to mitigate smoke, dust, noise, odors, glare or other deleterious by-products according to measures specified in the site plan or pursuant to the State Environmental Quality Review process.
I. 
Environmental protection. The improvements on a lot or parcel and the use or uses permitted on a lot or parcel shall not discharge, and shall be designed, operated and maintained so that there is no discharge, into any watercourse any contaminated liquids containing deleterious biological or chemical constituents that is in violation of any local, state, or federal regulation or permit.
J. 
Exterior lighting. An illumination design/lighting plan prepared according to requirements in Article 55 is required as part of site plan approval. The following additional requirements shall be included in the design plan:
1) 
The lighting plan shall provide photometrics, which shall have a maximum footcandle reading at the property line of 0.5 footcandle, except for site access points where a maximum of one footcandle at the pavement edge is permitted. A maximum of 0.1 footcandle at the property line of the source measured five feet off the ground with the light meter vertical and facing the source is permitted. The plan and shall be prepared by a qualified lighting engineer or designer.
2) 
Wall pack units shall be full cutoff product. Full cutoff is defined as "light is not emitted above 90°."
3) 
No light source shall be permitted that exceeds 3,000 Kelvin.
4) 
All fixtures shall have the IDA fixture seal of approval: https://www.darksky.org/our-work/lighting/lighting-for-industry/fsa/
K. 
Architectural design. The architectural treatment and general appearance of all buildings and grounds shall be in keeping with the purpose of this district and shall be designed and constructed to assimilate into the surroundings.
L. 
Emergency response plan. An emergency response plan is required that meets the criteria included in the Federal Emergency Management Agency response plan for businesses and Chapter 4, Emergency Planning and Preparedness, of the International Fire Code.

§ 325-23.1 Establishment.

The open space districts established for the Town of Manchester include:
Table 23-1: Open Space Districts
District Name
Map Symbol
Open space
OS

§ 325-23.2 Purpose statements.

A. 
Open Space (OS). The purpose of the OS District is to preserve and enhance the Town's open spaces and recreational areas by protecting these natural amenities and restricting development that would not respect these environmentally sensitive areas and would not conform to the Town of Manchester Comprehensive Plan. Open Space Districts are intended to apply to private and publicly owned or accessible parks, squares, recreational areas, natural wildlife areas, creeks or streams, and cemeteries.

§ 325-23.3 Permitted and specially permitted uses.

A. 
Uses identified with "P" in Table 23-2 are permitted in the subject zoning district, subject to compliance with all other applicable standards of this zoning law.
B. 
Uses identified with "SUP" in Table 23-2 may be allowed if reviewed and approved in accordance with the special use permit procedures contained in Article 64.
C. 
Uses not listed and those identified with "–" are prohibited.
Table 23-2: District Uses
OS
Additional Regulations
Natural/environmental
Botanical garden, arboretum, or conservatory
P
Natural wildlife or open space area
P
Recreational
Band shell or outdoor theater, not including drive-in theater
SUP
Campground
SUP
§ 325-40.10
Golf course
SUP
Gun range
SUP
Park or playground
P
Recreation facility, outdoor
P
§ 325-40.25
Other
Cemetery
P
Community center or informational facility
P
Cultural facility, such as a museum or observatory
P
Essential services
SUP
Parking area or lot, as principal use
SUP
Article 51
Religious institution
P
Tier 3 solar energy collection system
SUP
§ 325-40.33
ACCESSORY
Accessory structure or use
P
§ 325-40.2
Outdoor lighting, for nighttime use
SUP
Article 55
Parking area or lot
P
Article 51
Pond
P
§ 325-40.28
Retail, concessions, or service stand
P
Tier 1 or 2 solar energy collection system
P
§ 325-40.33

§ 325-23.4 Applicable standards.

A. 
In addition to the requirements within Article 23, the requirements of Part 5, Development Standards, of this chapter shall apply to the open space districts within the Town.
B. 
Uses may be subject to site plan review in accordance with § 325-62.2.

§ 325-23.5 Lot, area, and setback requirements.

The following requirements shall apply to principal and accessory structures and uses in the open space districts within the Town. Paved surfaces, such as driveways and parking spaces, shall not be subject to the requirements of Table 23-3, but shall conform to the requirements of Article 51.
Table 23-3: Lot, Area, and Setback Requirements
OS
Minimum lot size
Minimum lot width
Minimum setback
35 feet
Minimum side setback
Principal structure or use
50 feet
Accessory structure or use
20 feet
Minimum rear setback
Principal structure or use
50 feet
Accessory structure or use
20 feet

§ 325-23.6 Dimensional and bulk requirements.

The following requirements shall apply to the open space districts within the Town.
Table 23-4: Dimensional and Bulk Requirements
OS
Maximum building height
Principal structure
30 feet
Accessory structure
15 feet
Maximum lot coverage
Gross impervious surface and structures
15%
Minimum reserved open space1
Green space, park land, or landscaped area
35%
NOTES:
(1)
These areas shall consist of, to the maximum extent possible, retention of existing natural site vegetation, as well as landscaping. Impermeable surfaces, retention ponds and facilities may not be included in the green space calculation.

§ 325-24.1 Establishment.

The manufactured home park districts established for the Town of Manchester include:
Table 24-1: Manufactured Home Park Districts
District Name
Map Symbol
Manufactured Home Park
M-H

§ 325-24.2 Purpose statements.

A. 
Manufactured Home Park (M-H). The purpose of the M-H District is to support the goals and policies contained in the Town of Manchester Comprehensive Plan while providing residents with a housing alternative by permitting manufactured homes and the development of manufactured home parks within the Town. The intent of this district is to regulate the placement of manufactured homes and the design of manufactured home parks to ensure they are attractive and well maintained; thereby, protecting the health, safety, welfare, and quality of life of all residents within the Town of Manchester.

§ 325-24.3 Applicability.

These provisions specified herein shall apply to the approval of new parks, as well as the expansion, alteration, or addition of existing manufactured home parks.
A. 
Special use permit. New manufactured home parks may be allowed in the Manufactured Home Park District upon issuance of special use permit by the Code Enforcement Officer in accordance with Article 64 of this chapter.
B. 
Existing park compliance. This article shall also apply to all existing manufactured home parks located in the Town of Manchester after this chapter becomes effective. Said parks are subject to the following:
1) 
Existing manufactured home parks shall henceforth be maintained and operated in compliance with all provisions of this chapter.
2) 
Manufactured home parks permitted or established prior to the effective date of this chapter are exempt from the provisions of § 325-24.4(B).
C. 
Enforcement. Any law enforcement officer or authorized agent of the Town of Manchester shall enforce all the provisions of this article.
D. 
Inspection. The Code Enforcement Officer and any other authorities invited by the Code Enforcement Officer may inspect the manufactured home park at reasonable intervals and at reasonable hours to determine whether or not there has been compliance with this article and with other applicable codes, rules, and regulations.

§ 325-24.4 Manufactured home park regulations.

A. 
Drainage and grading. All lands used as a manufactured home park shall be well drained, and free from heavy or dense growth of brush or woods. The land shall be properly graded to ensure proper drainage during and following rainfall and shall at all times be so well drained as to be free from stagnant water.
B. 
Subdivision. Each manufactured home park shall be subdivided and marked, off into lots, which are subject to the following requirements:
1) 
No more than one manufactured home shall be permitted to occupy any one lot.
2) 
The area required by the setback from any public right-of-way shall be seeded to lawn, landscaped, and maintained as a lawn to eliminate any fire hazard.
Table 24-2: Manufactured Home Lot Requirements
OS
Minimum lot size
8,000 square feet
Minimum lot width
80 feet
Minimum setback
From public rights-of-way
50 feet
From each lot line
15 feet
Maximum building height
Principal structure or use
35 feet
Accessory structure or use
12 feet
Maximum lot coverage
Gross impervious surface and structures
25%
Minimum reserved open space1
Green space, park land, or landscaped area
35%
NOTES:
(1)
These areas shall consist of, to the maximum extent possible, retention of existing natural site vegetation, as well as landscaping. Impermeable surfaces, retention ponds and facilities may not be included in the green space calculation.
C. 
Numbering. Each lot shall be numbered according to the plan or layout submitted with the license application, and the number of each lot shall be clearly displayed on such lot so as to be readily visible from the street or highway on which the lot faces.
D. 
Parking. Off-street parking shall be provided for two cars at each manufactured home lot.
E. 
Streets within manufactured home park.
1) 
The street systems shall remain as private roads and shall be designed and maintained by the owner.
2) 
All streets and thoroughfares within each manufactured home park shall have a travel surface of at least 20 feet in width.
3) 
The travel surface shall be hard surfaced and capable of supporting emergency vehicles weighing up to 15 tons.
4) 
All turns and curves shall be such as to allow the maneuverability of emergency vehicles.
5) 
Each manufactured home park shall be easily accessible from an existing public right-of-way. Where a park has more than six manufactured homes, two points of entry and exit must be provided unless a large improved turnaround area for emergency vehicles is maintained.
6) 
There shall be no dead-end streets.
F. 
Sidewalks. Sidewalks having a minimum width of four feet shall be provided along at least one side of all interior streets to all recreation areas and storage areas.
G. 
Lighting. There shall be a light source of 100 lumen each 300 feet of roadway, at a minimum.
H. 
Electric service and connections. Each manufactured home park shall provide weatherproof electric service and outlets for each lot. All such connections and outlets are to be of a type approved by the New York State Board of Fire Underwriters, or the equivalent. All electrical distribution lines shall be placed underground.
I. 
Disposal of sewage and other water-carried wastes. All sewage and other water-carried wastes shall be disposed of into a municipal sewage system whenever available; a suitable connection to that system shall be provided at each lot.
J. 
Storage. The park owner/operator shall provide a central storage area, or each lot is permitted a side addition of up to 25% of the existing unit, with a permit, where it will not violate lot setbacks.
K. 
Sales. The sale of and display of manufactured homes will be allowed as part of a manufactured home park, so long as each manufactured home occupies an individual lot.

§ 325-24.5 Manufactured home requirements.

A. 
Skirting. Within 30 days of arrival in the park, each manufactured home shall be required to enclose the bottom portion of the home with skirting or another enclosure; such skirting or enclosure must be continuously maintained.
B. 
Living area. A manufactured home shall have a living area of no less than 720 square feet. In cases of a double-wide manufactured home, the living area shall be no less than 1,100 square feet.
C. 
Facilities. No manufactured home shall be parked or located within a manufactured home park that does not contain a water closet, a lavatory and a shower or bathtub.
D. 
Condition. All newly sited manufactured homes shall be no more than 15 years old at the time they are sited. All newly sited manufactured homes shall also meet all federal, state, and local laws and regulations.
E. 
Use. All manufactured homes shall be used solely for single-family residential occupation.
F. 
New manufactured homes. The siting of any new manufactured home(s) shall only be permitted as part of a manufactured home park in the Manufactured Home Park District of the Town, unless such manufactured home meets the definition of a single-family dwelling as provided by this chapter.
G. 
Existing manufactured homes outside the M-H District. All manufactured homes presently sited in the Town of Manchester outside of the Manufactured Home Park District shall be allowed to continue as a pre-existing, nonconforming use in accordance with Article 63. An existing manufactured home may only be replaced with a newer manufactured home provided the new home meets Federal HUD requirements. The replacement manufactured home shall meet current setback requirements for the district in which it is located.

§ 325-24.6 Manufactured home park administration.

A. 
Management. Every manufactured home park shall be under the direct management of the owner, permit holder, or his agent or representative. The owner, permit holder, or agent shall operate such park from an office located within the park and is directly responsible for the care of said park.
B. 
Registration. The owner or permit holder for a manufactured home park shall maintain a permanent record in writing of all persons occupying or using the facilities of such manufactured home park. Such record shall be a matter of public record and shall at all times be available for inspection by any law enforcement officer or authorized agent of the Town. The records shall include the following:
1) 
Name and address of the owner of each manufactured home;
2) 
Number of the park unit upon which the manufactured home is located;
3) 
Make, model number, and year of each manufactured home;
4) 
Date of arrival and departure from said park of each manufactured home; and
5) 
All applicable New York State Health Department records.
C. 
Duties. It shall be the duty of the license holder of every manufactured home park to provide for the following:
1) 
Collection of garbage and all other waste materials;
2) 
Maintenance of a clean and sanitary condition throughout manufactured home park grounds, including the prohibition of the accumulation or storage of rubbish, garbage, and refuse, and the placement or storage of unregistered vehicles of any kind;
3) 
Maintenance of all private streets within the manufactured home park, including snow removal and other activities required to keep the streets passable at all times; and
4) 
Maintenance of any landscaping, open space, or recreational areas designated with the grounds of the manufactured home park.

§ 325-25.1 Establishment.

The agricultural districts established for the Town of Manchester include:
Table 25-1: Agricultural Districts
District Name
Map Symbol
Agricultural
AG

§ 325-25.2 Purpose statements.

A. 
Agricultural (AG). The purpose of the AG District is to implement the agricultural use and industry goals of the Town of Manchester Comprehensive Plan. The AG District is intended to achieve the following objectives:
1) 
Protect predominantly agricultural areas from nonagricultural development pressures;
2) 
Support the continuation of commercial agriculture and the associated operations necessary to support it and its local economic viability;
3) 
Prevent scattered nonfarm growth and the unsustainable dissection of farm lands;
4) 
Provide residential opportunities compatible with existing agricultural character; and
5) 
Apply best management practices and regulations consistent with NYS Agriculture and Markets Law and the US Department of Agriculture Natural Resources Services Conservation Practices or any other state or federal regulation or guideline.

§ 325-25.3 Permitted and specially permitted uses.

A. 
Uses identified with "P" in Table 25-2 are permitted in the subject zoning district, subject to compliance with all other applicable standards of this zoning law.
B. 
Uses identified with "SUP" in Table 25-2 may be allowed if reviewed and approved in accordance with the special use permit procedures contained in Article 64.
C. 
Uses not listed and those identified with "—" are prohibited.
Table 25-2: District Uses
AG
Additional Regulations
Agricultural
Agricultural, agri-business, or agri-tourism operation
P
Brewery, winery, or distillery
P
§ 325-40.9
Residential
Single-family or two-family dwelling1
P
Multiple-family dwelling
SUP
§ 325-40.24
Bed-and-breakfast
SUP
§ 325-40.8
Commercial
Airport or heliport
SUP
§ 325-40.5
Campground
SUP
§ 325-40.10
Day-care facility, youth or adult
SUP
§ 325-40.12
Golf course
SUP
Gun range
SUP
Kennel or animal hospital
SUP
§ 325-40.22
Other
Cemetery
P
Essential services
SUP
Public park or playground
P
Recreation facility, outdoor
SUP
§ 325-40.25
Religious institution
SUP
Tier 3 solar energy collection system
SUP
§ 325-40.33
Telecommunications facility
SUP
§ 325-40.31
Accessory
Accessory structure or use
P
§ 325-40.2
Agricultural waste management facility
P
Exterior furnace or outdoor heating device
P
§ 325-40.15
Farm worker housing
P
§ 325-40.16
Farm stand
P
§ 325-40.17
Home occupation, residential
P
§ 325-40.20
Home occupation, agricultural
SUP
§ 325-40.20
Keeping of farm animals, poultry, or bees
P
§ 325-40.21
Outdoor sales, display, or storage
P
§ 325-40.26 and 40.27
Parking area or lot
P
Article 51
Pond
P
§ 325-40.28
Tier 1 or 2 solar energy collection system
P
§ 325-40.33
Temporary storage unit
P
§ 325-40.30
NOTES:
(1)
No single-family dwelling shall be smaller than 1,000 square feet in ground floor area.

§ 325-25.4 Applicable standards.

A. 
In addition to the requirements within Article 25, the requirements of Part 5, Development Standards, of this chapter shall apply to the agricultural districts within the Town.
B. 
Uses may be subject to site plan review in accordance with § 325-62.2.

§ 325-25.5 Lot, area, and setback requirements.

The following requirements shall apply to principal and accessory structures and uses in the agricultural districts within the Town. Paved surfaces, such as driveways and parking spaces, shall not be subject to the requirements of Table 25-3, but shall conform to the requirements of Article 51.
Table 25-3: Lot, Area, and Setback Requirements
AG
Minimum lot size1
Residential use
1 acre
Without water service
2 acres
Nonresidential use
1 acre
Minimum lot width1
Residential use
225 feet
Nonresidential use
225 feet
Maximum lot depth1
Residential use
200 feet
Nonresidential use
Minimum front setback2
Residential use
75 feet
Nonresidential use
75 feet
Minimum side setback2
Principal structure or use
25 feet
Accessory structure or use3
15 feet
Minimum rear setback2
Principal structure or use
30 feet
Accessory structure or use3
15 feet
Additional setbacks2
Unenclosed storage of noxious materials (manure, etc.)
Min. 150 feet2
Farm stand, from front lot line
Min. 15 feet
Keeping of farm animals, poultry, or bees
Min. 150 feet2
NOTES:
(1)
Where subdividing a lot greater than two acres, the minimum and maximum lot dimensions shall be determined by the Planning Board as part of site plan review (Article 62).
(2)
Minimum setback required from front lot line and any side or rear lot line where adjacent to a residential use or district.
(3)
Behind front building line.

§ 325-25.6 Dimensional and bulk requirements.

The following requirements shall apply to the agricultural districts within the Town.
Table 25-4: Dimensional and Bulk Requirements
AG
Maximum building height
Principal structure
35 feet
2.5 stories
Accessory structure
18 feet
Maximum lot coverage
Gross impervious surface and structures
25%
Minimum reserved open space1
Green space or landscaped area
35%
NOTES:
(1)
These areas shall consist of, to the maximum extent possible, retention of existing natural site vegetation, as well as landscaping. Impermeable surfaces, retention ponds and facilities may not be included in the green space calculation.