Mendon City Zoning Code
ARTICLE V
District Regulations
§ 260-12 Applicability of regulations.
A.
The regulations set by this chapter shall be the minimum regulations within each district and shall apply uniformly to each class or kind of structure or use of land, except as hereinafter provided.
B.
No building, structure or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered, except in conformity with all the regulations herein specified for the district in which it is located.
C.
The regulations herein specified for parking and loading, signs, lighting and dimensions must be adhered to in connection with any use in any district.
§ 260-13 RA-5 Residential Agricultural District.
A.
Purpose. The purpose of the RA-5 Residential Agricultural District is to encourage a proper environment to foster normal agricultural operations and rural residential land uses; to maintain an open rural character of the community; to protect viable agricultural soils; to assure compatible types and densities of rural development on lands where public sewers and water service do not exist and are not envisioned in the near future; and to protect groundwater quality to the greatest extent possible by controlling development over established aquifers.
B.
Permitted principal uses. Any use not specifically permitted is prohibited. Permitted principal uses in the RA-5 District are as follows:
(1)
One single-family dwelling per lot.
(2)
Normal agricultural farming operations and the use of land for agricultural production purposes, including the keeping, breeding and raising of cattle, sheep, goats, pigs, fowl, horses and ratites, and dairy farms.
(3)
Buildings and structures used exclusively in support of agricultural operations.
(4)
Historic, scenic preservation and conservation areas.
(5)
Public parks and playgrounds.
C.
Permitted accessory uses and structures. Permitted accessory uses and structures in the RA-5 District shall be as follows:
(1)
Private garages or carports.
(2)
Customary accessory structures serving residential uses, including, but not limited to, private swimming pools, tennis courts, hot tubs and storage buildings, all subject to the provisions of this chapter.
(3)
Customary farm accessory buildings for the storage of products or equipment or shelter of animals, all subject to the provisions of this chapter.
(4)
Roadside produce stands of a nonpermanent nature (movable and temporary) for the sale of seasonal agricultural products principally grown on the premises by the operator, under the following conditions:
(a)
The stand shall not exceed 500 square feet of floor area and shall be set back at least 30 feet from the edge of the highway right-of-way.
(b)
The ground display area for produce shall not exceed twice the size of the stand and shall be located behind the front of the stand away from on-site parking area and site access.
(c)
Signs will be allowed only on the site and only during the seasonal use of the structure.
(d)
There is safe access to and from the highway.
(e)
All stands shall be removed after the seasonal use of the structure.
(5)
Other nonspecified accessory uses which are clearly accessory to the permitted principal use and are consistent with the intent of the zoning district may be approved by the Planning Board.
D.
Special permitted uses. The following uses may be permitted consistent with the provisions of Article VII, provided that a special use permit is approved:
(1)
Cemeteries and related customary uses.
(2)
Continuum care facilities which are duly licensed by the State of New York.
(3)
Essential services, public utilities or communications installations, power plants or repair yards and warehouses or uses similar in nature.
(4)
Home occupations.
(5)
Kennels.
(6)
Nonprofit membership corporations established to own and operate outdoor recreational or athletic facilities.
(7)
Nursery or day-care centers located in a residential home when caring for more than three children which are not related to the immediate family occupying the primary residence.
(8)
Permanent farm markets.
(9)
Personal wireless telecommunications facilities and accessory uses.
(10)
Public and semipublic uses and buildings.
(11)
Veterinary clinics for small animals.
(12)
[1]Stables or riding academies or the boarding of animals.
[1]
Editor's Note: Former Subsection D(12), regarding special for-profit entertainment uses and events, was repealed 9-13-2021 by L.L. No. 2-2021. This local law also renumbered former Subsection D(13) through (19) as Subsection D(12) through (18), respectively.
(13)
Tourist homes and bed-and-breakfast establishments.
(14)
Two-family dwellings having at least one of the dwelling units occupied by the owner of the property.
(15)
Windmills or wind generators for use by the property owner.
(16)
Golf courses and country clubs when occupying not less than 50 contiguous acres.
(17)
Motorized off-road vehicle use.
(18)
Solar farms.
[Added 5-8-2017 by L.L. No. 1-2017]
F.
Site plan approval. No site preparation or construction may commence until site plan approval has been given by the Planning Board and permits have been issued by all governmental agencies involved.
§ 260-14 RA-2 Residential Agricultural District.
A.
Purpose. The purpose of the RA-2 Residential Agricultural District is to promote the orderly development of residential property and to maintain an open rural character for the community.
B.
Permitted principal uses. Any use not specifically permitted is prohibited. Permitted principal uses in the RA-2 District shall consist of all of the uses listed in § 260-13B.
C.
Permitted accessory uses and structures. Permitted accessory uses and structures shall consist of all of the uses listed and regulated in § 260-13C.
F.
Site plan approval. No site preparation or construction shall commence until site plan approval has been given and permits have been issued by all governmental agencies involved.
§ 260-15 RA-1 Residential Agricultural District.
A.
Purpose. The purpose of the RA-1 Residential Agricultural District is to promote the orderly development of residential property and a housing density that provides a meaningful transition between the rural/agricultural character of the community and the more intensely developed areas around the village and the hamlet.
B.
Permitted principal uses. Any use not specifically permitted is prohibited. Permitted principal uses in the RA-1 District shall be as follows:
(1)
One single-family dwelling per lot.
(2)
Normal agricultural farming operations and the use of land for agricultural production purposes, including the keeping, breeding and raising of cattle, sheep, goats, pigs, fowl, horses and ratites, and dairy farms.
(3)
Buildings and structures used exclusively in support of agricultural operations.
(4)
Public parks and playgrounds.
C.
Permitted accessory uses and structures. Permitted accessory uses and structures in the RA-1 District shall consist of all of the uses listed and regulated in § 260-13C.
F.
Site plan approval. No site preparation or construction shall commence until site plan approval has been given by the Planning Board and permits have been issued by all governmental agencies involved.
§ 260-16 RS-30 Residential Suburban District.
A.
Purpose. The purpose of the RS-30 Residential Suburban District is to permit, where appropriate, the construction and development of single- and multiple-family residences in the Town. At the same time, the Town Board does not desire the large-scale development of multiple-family units to the extent that large areas of the Town would be devoted to such use and single-family residences would be incompatible. In considering establishing RS-30 Districts, the Town Board shall consider the general criteria set forth in this chapter, the most current Comprehensive Plan for the Town and this statement of purpose.
D.
Special permitted uses. The following uses may be permitted, consistent with the provisions of Article VII, provided that a special use permit is approved by the Planning Board:
(1)
Apartment houses, townhouse clusters, multiple-dwelling units and dwelling groups, condominiums and cooperatives.
(2)
Essential services, public utilities or communications installations, excluding power plants or repair yards and warehouses or uses similar in nature.
(3)
Public and semipublic uses and buildings.
(4)
Residential conversions.
(5)
Tourist homes and bed-and-breakfast establishments.
(6)
Windmills or wind generators for use by the property owner.
F.
Site plan approval. No site preparation or construction shall commence until site plan approval has been given by the Planning Board and permits have been issued by all governmental agencies involved.
§ 260-16.1 (Reserved) [1]
[1]
Editor's Note: Former § 260-16.1, PUD Planned Unit Development District, was repealed 7-12-2021 by L.L. No. 1-2021.
§ 260-17 Business District.
[Amended 5-8-2017 by L.L. No. 1-2017; 10-15-2018 by L.L. No. 3-2018; 10-15-2024 by L.L. No. 5-2024]
A.
Purpose. The purpose of a Business District is to provide a range of integrated and planned commercial areas and facilities necessary to serve the needs of the population of the Town and traveling public.
B.
Permitted uses. Any use not specifically permitted is prohibited. The following uses and their accessory uses are permitted outright; provided, further, that no one business located on a parcel of land shall exceed 5,000 square feet in total floor area:
(1)
Retail businesses which supply products on the premises.
(2)
Service business establishments which perform services on the premises.
(3)
Professional and business offices.
(4)
Indoor recreational and/or athletic facilities.
(5)
Facilities for the teaching of a specific skill or art.
(6)
Single-family dwellings.
(7)
Art, dance, music or photographic studios.
(8)
Art galleries.
(9)
Retail bakeries.
(10)
Clothes-cleaning pickup stores.
C.
Permitted accessory uses and structures. Permitted accessory uses and structures in the Business District shall be as follows:
(1)
Private garages and storage buildings which are necessary to store any vehicles, equipment or materials on the premises and which are used in conjunction with a permitted principal use.
(2)
Outdoor storage areas of products sold on the premises, provided that such areas are not located in the front yard portion of the lot. All outdoor storage areas shall be fenced on all sides, except those sides immediately adjacent to the side of a building.
D.
The following uses may be permitted in the Business District consistent with the provisions of Article VII, provided that a special use permit is approved:
(1)
Two-family dwellings.
(2)
Apartments.
(3)
Commercial outdoor recreational and/or athletic facilities.
(4)
Essential services.
(5)
Fuel-dispensing units.
(6)
Funeral homes.
(7)
Hotels or motels.
(8)
Motor vehicle service stations and auto repair shops.
(9)
Nursery and day-care centers.
(10)
Public and semipublic uses and buildings.
(11)
Restaurants.
(12)
Special for-profit entertainment uses and events.
(13)
Tourist homes and bed-and-breakfast establishments.
(14)
Vehicle wash establishments.
(15)
Veterinary clinics for small animals.
(16)
Solar farms.
(17)
Smoke shops.
G.
Notwithstanding any other provisions, side and rear setbacks adjacent to any residential district shall be a minimum of 100 feet, of which 50 feet thereof shall be used to create a screened buffer zone. Such screening shall not be less than four feet in height and may be accomplished by deciduous and/or evergreen plantings and/or by a fence of acceptable design. All such buffers and screenings shall be properly maintained by the owner or owners of the screened property.
H.
Site plan approval. No site preparation or construction shall commence until site plan approval has been given by the Planning Board and permits have been issued by all governmental agencies involved.
§ 260-18 Industrial District.
[Amended 5-8-2017 by L.L. No. 1-2017; 10-15-2024 by L.L. No. 5-2024]
A.
Purpose. The purpose of the Industrial District is to provide for the establishment of industries and maintenance of a well-balanced industrial environment. Such uses shall not be detrimental to other adjacent developments or to the general health, safety or welfare of the community.
B.
Permitted uses. Any use not specifically permitted is prohibited. The following uses and their accessory uses are permitted outright; provided, further, that no one business located on a parcel of land shall exceed 40,000 square feet in total floor area:
(1)
Laboratories engaged in research, testing and experimental work, including any process normal to laboratory practice and technique.
(2)
Industrial uses which are conducted wholly within a building.
(3)
The manufacture, compounding, processing and storage of candy and confections, frozen foods, cosmetics, pharmaceutical products, toiletries and food products.
(4)
Manufacture of precision tools.
(5)
Machine shop operations.
(6)
Agribusiness operations.
(8)
Inside storage of boats and recreational vehicles.
(9)
Uses permitted in a Business District.
(10)
Motor vehicles sales and rental.
(11)
Commercial storage buildings and mini-warehouses.
C.
Permitted accessory uses and structures.
(1)
Customary accessory uses, including, but not limited to, loading and unloading docks and areas designed as an integral part of the industrial development and scaled for the exclusive use of the development.
(2)
Off-street parking areas for employees and visitors.
(3)
Fencing in accordance with the provisions of this chapter.
D.
The following uses may be permitted in the Industrial District consistent with the provisions of Article VII, provided that a special use permit is approved:
F.
Notwithstanding any other provisions, side and rear setbacks adjacent to any residential district shall be a minimum of 150 feet, of which 50 feet thereof shall be used to create a screened buffer zone. Such screening shall not be less than four feet in height and may be accomplished by deciduous and/or evergreen plantings and/or by a fence of acceptable design. All such buffers and screenings shall be properly maintained by the owner or owners of the screened property.
G.
Prohibited activities. No land, building or premises may be used in any way that will cause or result in:
(1)
Dissemination of dust, smoke, gas, fumes, odor, noise or vibration beyond the immediate site of the building or buildings in which such use is conducted.
(2)
Potential menace to neighboring properties by reason of fire, explosion or other physical hazard, including radiation.
(3)
Discharge of airborne or waterborne wastes.
(4)
Traffic hazards or congestion.
H.
General provisions.
(1)
All processing of materials, including fabrication, shall occur indoors.
(2)
All equipment for the handling of material and processes shall be enclosed in a suitable building. Equipment as used in this section includes, but is not limited to, conveyors, elevators, storage silos, hoppers, storage tanks and unloading docks.
(3)
All waste, scrap, refuse, empty containers, drums, bottles and cartons shall be stored in suitable closed containers.
I.
Site plan approval. No site preparation or construction shall commence until site plan approval has been given by the Planning Board and permits have been issued by all governmental agencies involved.
§ 260-19 AUO Adult Use Overlay District.
A.
Purpose. It is the purpose of the Adult Use Overlay (AUO) District to establish supplemental regulations to the underlying Industrial District which recognize the specified purpose and particular needs for the Town to regulate this use.
B.
Establishment of Adult Use Overlay (AUO) District. The Official Zoning Map shall delineate the location of the (those) site(s) for which the Town Board has approved the Adult Use Overlay (AUO) District Zone.
C.
Interpretation of AUO District boundaries. The CEO shall be responsible for interpreting the AUO District boundaries delineated on the Official Zoning Map or a site inspection. Anyone aggrieved by this interpretation may appeal to the Zoning Board of Appeals.
D.
AUO District requirements. Where the AUO District Zone has been established, the requirements of the overlay district shall be met in addition to any requirements specified for site development as contained in the respective zoning district and through a special use permit and site plan approval by the Planning Board.
E.
Rezoning procedure. Anyone desiring to establish an adult use entertainment establishment shall first apply to the Town Board for rezoning of any parcel of land zoned Industrial District on the Official Zoning Map to the Adult Use Overlay (AUO) District. In the event that the Town Board decides to hear the application for rezoning, it shall follow all procedures set forth in New York Town Law and the SEQRA regulations for rezoning.
F.
AUO District rezoning criteria. The following criteria shall be met before the Town Board may entertain an application for rezoning of Industrial District land to the Adult Use Overlay (AUO) District:
(1)
The property lines of any adult use entertainment establishment must be at least 1,000 feet from the boundary line of any adjacent municipality and at least 1,000 feet from the boundary line of any other adult use entertainment establishment.
(2)
The property lines of any adult use entertainment establishment must be at least 1,000 feet from the property line of any and all residences or residentially zoned land, schools, day-care facilities, churches (or other places of worship), parks, playgrounds, linear trails, designated open space or recreation areas where minors may congregate or governmental facilities.
(3)
Each adult use entertainment establishment shall be set back 100 feet from the side and rear property lines and 200 feet from the front property line.
(4)
Each adult use entertainment establishment site located adjacent to one of the uses specified in Subsection F(2) above shall provide buffering in addition to landscaping as part of any site plan application.
(5)
No adult use entertainment establishment shall be allowed on the same parcel with another such establishment.
(6)
Each adult use entertainment establishment shall have direct access to a public street or highway.
(7)
Each Adult Use Overlay Zone shall be in effect only for the time period specified for any special use permit established by the Planning Board as a condition of approval. Upon the termination of such special use permit, the Town Board shall commence action within 30 days to amend the Official Zoning Map by removing the specified AUO District delineation.
G.
Application for AUO rezoning. Applications for rezoning land to the AUO District, which are to be considered by the Town Board, shall be made in writing to the CEO on forms provided by the Town. Such application shall be made by the property owner or his/her agent and shall be accompanied by any materials or information deemed appropriate by the CEO, including but not limited to a current scaled site plan prepared by and certified by a licensed engineer that contains the following minimum information:
(1)
A parcel location map and boundary line survey of the property.
(2)
A delineation of that portion of the parcel proposed to be used for the adult use entertainment establishment, including access, parking, signage, landscaping, water service, sewage disposal, site lighting and other features as may be required for the applicant to obtain site plan approval from the Planning Board.
(3)
A completed environmental assessment form.
H.
AUO District rezoning conditions. All AUO zoning shall be conditioned upon the applicant obtaining a special use permit and site plan approval from the Planning Board based upon the criteria further specified elsewhere in this Code.
I.
AUO District permitted uses. All other adult use entertainment establishments, as defined in Chapter 5, Definitions and Word Usage, of the Town Code, may be created, opened, commenced or operated only within the Industrial District upon the Town Board rezoning and mapping of said site to the AUO District and subject further to the requirements set forth elsewhere in this chapter.
K.
Site plan approval. No site preparation or construction shall commence until site plan approval has been given by the Planning Board and permits have been issued by all governmental agencies involved.