Minden Town City Zoning Code
ARTICLE IV
Use Regulations
§ 90-8 General provisions.
The principal permitted uses of each zoning district are permitted as of right. All special permitted uses require both special use permit review and site plan review. Uses not listed as a permitted use or a special permitted use for a specific zoning district are prohibited from that district. Only one residence shall be allowed per parcel of land.
§ 90-9 R-1 Residential District.
In the R-1 Residential District, no building or premises shall be used and no building shall be erected or altered except for one or more of the following uses:
Principal permitted uses:
One-family dwelling.
Two-family dwelling.
Community park, playground, or picnic grove.
Accessory use and building.
Low-impact home occupation.
Agriculture, farm and associated accessory uses where located in a certified New York State Agricultural District.
Solar facilities generating energy for on-site consumption.
[Added 6-17-2021 by L.L. No. 1-2021]
Uses permitted as a special use permit by the Planning Board:
Nursing or convalescent home or home for the aged, senior housing.
Mobile manufactured home park.
Parish house or convent.
Launderette.
Retail store, less than 4,000 square feet.
Townhouses.
Multiple-family dwelling.
Bed-and-breakfast establishment.
Agriculture, farm and accessory buildings and uses, including agritourism, farm stand and retail farm market where not located in certified New York State Agriculture District.
Public building.
§ 90-10 A Agricultural District.
In the A Agricultural District, no building or premises shall be used and no building shall be erected or altered except for one of more of the following uses:
Principal permitted uses:
Agriculture, farm and accessory buildings and uses.
Picnic grove, fish or game club (private).
Nursery.
One-family dwelling.
Two-family dwelling.
Community park or playground.
Low-impact home occupation.
Mobile manufactured home as part of a farm operation or for farm worker housing.
Accessory buildings and uses.
Mobile manufactured home.
Farm stand.
Horse breeding operation.
Stable, private or public.
Solar facilities generating energy for on-site consumption.
[Added 6-17-2021 by L.L. No. 1-2021]
Uses permitted as a special use permit and site plan review by the Planning Board:
Commercial recreation.
Bed-and-breakfast establishment.
Golf course or country club.
Nursing or convalescent home or home for the aged, senior housing.
Public utility station with building.
Farm products plant, on-farm and off-farm.
Radio, TV transmitter, receiving tower, personal wireless service facility with building.
Boarding or rooming house.
Church.
Parish house or convent.
Animal/veterinary hospital.
Public or parochial school or college.
Retail farm market.
Multiple-family dwelling.
Portable commercial storage units as per § 90-52.10 and for a temporary period of time to stay as long as a valid building permit is in effect.
Boarding kennel.
High-impact home occupation.
Agritourism.
Off-farm slaughterhouse for processing animals not grown on premises.
Small mine.
Personal wireless service facility.
Agri-business.
§ 90-11 C-1 Commercial District.
In the C-1 Commercial District, no building or premises shall be used and no building shall be erected or altered except for one or more of the following uses:
Principal permitted uses:
Fire station or municipal building.
Mobile manufactured home as part of a farm operation.
Farm and accessory use or building, including farm stand.
One-family dwelling.
Accessory use or building.
Low-impact home occupation.
Solar facilities generating energy for on-site consumption.
[Added 6-17-2021 by L.L. No. 1-2021]
Uses permitted with site plan approval by the Planning Board:
Bed-and-breakfast establishment.
Personal service shop.
Retail store, no greater than 10,000 square feet in size.
Museum.
Custom workshop.
Radio, television or household appliance sales or service.
Antique shop.
Animal/veterinary hospital.
Feed, lumber, seed or fertilizer building.
Car wash.
Cabinet, electrical, heating, plumbing or air-conditioner shop.
Community park or playground.
Retail bakery.
Historic building or site.
Laundry or dry cleaning plant.
Salons.
Taverns.
Professional office, studio.
Bank.
Uses permitted as a special use permit and site plan review by the Planning Board:
Gasoline station.
Hotel or inn.
Retail greater than 10,000 square feet but less than 25,000 square feet.
Utility substation.
Hotel.
Public garage.
Restaurant.
Fuel sales and storage.
Automobile, boat, farm implement or mobile manufactured home sales or rental.
Indoor storage of nonliquid, nongaseous fuel.
Light industry.
Bowling alley.
Multiple-family dwelling.
Two-family dwelling.
High-impact home occupation.
Funeral home.
Storage facility.
Launderette.
§ 90-11.1 Waterfront Recreation/Open Space.
§ 90-11.2 Overlay Districts.
Permitted, and specially permitted uses in an overlay district shall be the same as the underlying base district.
§ 90-12 Planned Development District.
The Planned Development District (PDD) is hereby established as a floating zone with potential applicability to any property in the Town for the purpose of residential, commercial or light industrial uses.
Purpose:
To provide for well-located, clean, safe and pleasant industrial sites involving a minimum strain on transportation facilities;
To encourage innovations in residential, commercial and light industrial development so that the growing demands of the population may be met by greater variety in type, design and layout of buildings and by the conservation and more efficient use of open space ancillary to said buildings;
To encourage a more efficient use of land and public services or private services in lieu thereof, and to reflect changes in the technology of land development so that resulting economies may ensure to the benefit of those who need homes;
To lessen the burden of traffic on streets and highways;
To conserve the value of land;
To provide a procedure which can relate the type, design and layout of residential, commercial and industrial development to the particular site thereby encouraging preservation of the site's natural characteristics; and
To encourage integrated planning in order to achieve the above purposes.
Criteria.
The boundaries of each PDD shall be fixed by amendment to the Official Zoning Map wherever this district is applied. A metes and bounds description of each such district shall be kept on file in the office of the Town Clerk. Although it is anticipated that the PDD rezoning applications will be submitted on a voluntary basis by applicants, the Town Board may, on its own motion, rezone property to a PDD. This district is intended for sites of at least 30 acres, but the Town Board may consider applications for smaller properties if special circumstances warrant.
The following is a list of standards to be considered when reviewing a PDD:
Compatibility with the surrounding area and the air, water, open space, and other natural resources and environment of the Town and region.
Harmony with the rural or agricultural character of the neighborhood.
Need for the proposed development.
The effect of the proposed PDD on the immediate area and Town is negligible.
The effect of any growth inducing aspects of the proposed PDD on the future development of the area.
Whether or not an exception from this chapter's requirements and limitations is warranted by virtue of design and amenities incorporated in the development plan.
That land surrounding the proposed PDD can be planned in coordination with the proposed PDD.
That the proposed change to a PDD District is in conformance with the general intent of the Comprehensive Plan.
That the existing and proposed roads are suitable and adequate to carry anticipated traffic in and around the proposed district.
That existing and proposed utility services are adequate for the proposed development.
That the PDD creates a desirable and stable environment.
That the PDD makes it possible for the creation of a creative, innovative, and efficient use of the property.
That the site is adequate in size to support the proposed quantity of development.
That the site is suitable in terms of topography, soils and other physical attributes and location for the proposed use(s).
That groundwater supply levels and other natural resources, including critical habitats, are protected to the maximum extent practical and that the project does not disrupt scenic vistas, historic or archaeologically sensitive areas, or other important cultural areas to a significant degree.
That the project's visual, noise, light, and other impacts on neighborhood character are acceptable compared to the benefits of the project to the community.
Procedure.
Preapplication conference: Prior to the submission of a PDD application, the applicant shall meet with the Town Board to generally discuss the proposal.
Application: Seven copies of an application to amend the zoning map to establish a PDD shall be submitted to the Town Board. Such application shall include fees as established by the Town Board, deeds of current owners of all property within the proposed PDD as recorded with Montgomery County, names and current mailing addresses of all persons owning property within 500 feet of the proposed development, and a general plan as described in this section. The Town Board shall send written notice of the application consideration to all owners of property within 500 feet of the proposed PDD.
Town Board approval: The establishment of a PDD in the Town of Minden is a legislative act, similar to a rezoning. As a consequence, the establishment of a PDD requires the approval of the Town Board. Because the establishment of a PDD is a legislative act, the Town Board of the Town of Minden has the same amount of discretion in deciding whether to adopt a PDD proposal as it does for any other legislative act. Applicants shall have no entitlement to any approval of a PDD proposal and the granting of applications shall be in the sole discretion of the Town Board. The Town Board may adopt a PDD only if it complies with the standards set in this Zoning Chapter, if it is in accordance with the letter and spirit of the adopted Comprehensive Plan of the Town of Minden and if it is in the best interests of the health, safety and general welfare of the people of the Town. The following steps shall be followed:
Creation of a PDD is subject to the State Environmental Quality Review Act (Article 8 of the New York State Environmental Conservation Law). Consistent with the regulations implementing SEQRA, a coordinated review[1] shall be conducted. No PDD application shall be considered complete for consideration by the Town Board until either a negative declaration establishing that the proposal will not have a significant impact on the environment or SEQRA findings statement setting forth the necessary mitigation measures and conditions necessary to ensure that the impacts of the proposal will be mitigated to the maximum extent practicable.
[1]
Note: The Planning Board shall be included in the coordinated review due to the requirement for site plan and special use permit approvals for a PDD application pursuant to 6 NYCRR Part 617.3(g).
Local and County Planning Board referral: The Town Board shall, prior to establishing a PDD, and upon receipt of an application, submit the proposal to the Town of Minden Planning Board and receive a recommendation from that Board. At this juncture, the Planning Board's review shall not be a full site plan or subdivision review, instead, its review shall be focused on whether the proposed PDD is consistent with the Town Comprehensive Plan and whether the Planning Board recommends amendment of the chapter to establish the PDD. The Planning Board may also, at their discretion and at the expense of the applicant, consult with any engineer, attorney, planner, or other such professional reasonably necessary to assist the Planning Board in making its evaluation, recommendation and advisory opinion.
Within 31 days of receipt of the application, the Town Board shall refer the application, general plan and all SEQRA materials to the Town Planning Board, and to the Montgomery County Planning Board, pursuant to General Municipal Law, § 239-m. However, if the Town Board determines, in its sole discretion, that the proposal does not merit review because it does not meet the objectives of this chapter or the Town's Comprehensive Plan, it shall so notify the applicant, and shall not refer the application to the Planning Board or the County Planning Board, and no further action on the application shall be taken.
Planning Board procedures: Upon referral, the Planning Board shall provide to the Town Board an advisory opinion on the proposed PDD within 60 days of the next meeting of the Town Board following the Planning Board's receipt of the PDD application. The Planning Board may request additional information reasonably related to the PDD application. If the Planning Board requests additional information, it's time to render an advisory opinion is extended to the next meeting of the Town Board following receipt of such additional information. The time of receipt of such information shall be deemed to be the date of the regular meeting following submission of the information to the Planning Board. The Planning Board may call upon the County Planning Department or Board, the Natural Resource Conservation Service, Soil Water Conservation District or any other public or private consultants that it feels are necessary to provide a sound review of the proposal. The advisory opinion shall be in the form of a report and shall contain the following content:
A recommendation to the Town Board that the application be accepted and that a public hearing be held for the purpose of considering PDD districting, or a recommendation that the Town Board reject the PDD application. This opinion shall be based on the following findings which shall be included as part of the report:
How the proposal conforms to the Comprehensive Plan.
How the proposal meets the intent and objectives of the PDD in the chapter.
How the proposal meets all the general requirements of the PDD.
That the proposal is conceptually sound in that it meets a community need and it conforms to accepted design principals in the proposed functional roadway system, land use configuration, open space system, drainage system and scale of the elements.
That there are adequate services and utilities available or proposed to be made available in the construction of the development.
The reasons for an unfavorable report shall be stated clearly. If appropriate, the report shall point out to the applicant what elements of the proposed project might be changed in order to better meet the criteria set forth in the immediately preceding subsection.
Public hearing: The Town Board shall not vote to approve a PDD until it has held at least one public hearing on the application following the submission of a complete application, and receipt of the Planning Board's recommendation on the application, has received the report of the Montgomery County Planning Board referral pursuant to GML 239-m, and has completed the SEQRA process. If the Montgomery County Planning Board disapproves of the proposed action, then the Town Board shall require a majority plus one vote in order to approve the PDD. If the Montgomery County Planning Board fails to take action within 30 days from the time they received the application, the Town Board may take final action without the County's report. Any such report received after 30 days or such longer period as may have been agreed upon with the Town Board, but two or more days prior to final action by the Town Board, shall be subject to a vote of a majority plus one of all the Town Board members.
The Town Board may, after receiving a recommendation from the Planning Board and the Montgomery County Planning Board, approve the general outline of the proposed PDD. This approval shall include establishment of the uses and densities that are allowable in the PDD as well as whether they are permitted uses or uses subject to special use permits.
Following Town Board approval of a PDD application, the property shall be labeled "PDD" on the Official Zoning Map of the Town of Minden with a notation that any development within this zone must be in accordance with the general plan approved in conjunction with approval of the PDD.
No permits for development shall be issued within any area designated as PDD unless site plan approval is obtained pursuant to this chapter. If site plan approval for one or more phases of the general plan is not granted within three years of such PDD zoning designation, the Town Board shall reserve the right, after notice and hearing, to rezone the undeveloped portion of the property to its prior zoning classification.
Review of application: The Town Board may engage experts, including but not limited to, professional planners, architects, attorneys and engineers in reviewing the PDD proposal and associated SEQRA submissions. All costs incurred by the Town Board for private consultation fees, fees for technical and engineering services, legal fees, or other expenses in connection with the review of PDD application including review of the SEQRA materials as per 6 NYCRR Part 617, shall be charged to the applicant. Such reimbursable costs shall be in addition to any fee established by the Town Board.
The Town Board shall make a reasonable estimate of the amount of expenses that it expects to incur during the course of each application for a PDD. The amount so determined by the Town Board shall be deposited by the applicant in escrow with the Town Clerk prior to the Town Board's commencing any review of the application. If the amount so deposited is exhausted or diminished to the point that the Town Board determines that the remaining amount will not be sufficient to complete the review of the application, then the Town Board shall notify the applicant of the additional amount that must be deposited with the Town Clerk.
If the applicant fails to replenish the escrow account or there are unpaid amounts for which the applicant is responsible pursuant to this provision, the Town Board, in its discretion, may cease review of the application until such amounts are paid or deny the application. In no event, however, shall any PDD approval be made until such sums have been paid in full.
Adoption of PDD: The Town Board shall not act on any application until all SEQRA requirements have been met. The Town Board shall act on an application to establish a PDD within 90 days following completion of all SEQRA requirements. The Town Board's failure to act on a PDD application within this period shall not be deemed to constitute a default approval of the application.
The Town Board may adopt a PDD only after following the procedures described above and making written findings regarding each of the standards set forth above for adoption of a PDD. The approval shall include a list of permitted uses, special use permitted uses and any other minimum land use standards that the Town Board deems appropriate. The Town Board may, if it feels it necessary in order to fully protect the public health, safety and welfare of the community, attach to its zoning resolution any additional conditions or requirements for the applicant to meet. Such requirements may include, but are not confined to, visual and acoustical screening, lighting restrictions, land use mixes, order of construction and/or occupancy, circulation systems, both vehicular and pedestrian, availability of sites within the area for necessary public services, such as schools, firehouses and libraries, protection of natural and/or historic sites and other such physical or social demands.
Role of the Planning Board after adoption of a PDD. The Planning Board's role after adoption of a PDD by the Town Board is to review site plans, subdivisions, and special use permits for uses in the PDD pursuant to the requirements for those approvals in this chapter and in the Town of Minden Subdivision Law.[2]
PDD general plan requirements. A plan clearly showing the following information shall be submitted:
Survey of bounds showing courses and distances, zoning districts and lot lines within the tract and of all abutting property, existing easements burdening and benefiting the tract, and structures existing on the tract and within 500 feet of its boundaries.
Flood hazard areas, including base flood elevations.
Topographic contours at a maximum of two-foot intervals showing existing grades.
Existing vegetation, land forms and water bodies.
Roadway plans for primary and secondary traffic circulation patterns showing proposed and existing right-of-ways and easements.
Utility plans for public water, sanitary sewer, storm sewer, drainage, natural gas and underground electrical utilities.
Delineation of development phases and acreage of each phase.
Delineation of residential and nonresidential use areas.
Delineation of existing and proposed open space.
Principal ties to the community at large with respect to transportation, water supply and sewage disposal.
General description of the provision of other community facilities, such as fire protection services and cultural and recreational facilities, if any, and some indication of how these needs are proposed to be accommodated.
Natural features overlay showing other significant features including but not limited to, critical wildlife habitats, wetlands and wetland buffers, scenic views, floodplains, and ridgelines.
Evidence showing how the applicant's particular mix of land uses meets existing community demands and impacts of proposed development of water, sewer, public safety, and emergency services of the Town and evidence showing that utilities and services are adequate to serve the demands of the proposed development. (Note: Evidence may be in the form of specific studies or reports initiated by the applicant or in the form of references to existing studies or reports relevant to the project in question.)
Evidence that the proposal is compatible with the goals of the official Town of Minden Comprehensive Plan.
A general statement as to how common open space is to be owned and maintained.
Evidence demonstrating the applicant's commercial capability and competence to carry out the plan along with his/her acknowledgment of the scope of the physical and financial obligations on applicant that the project will involve. (Evidence may be in the form of specific studies or reports initiated by the developer or in the form of references to existing studies or reports relevant to the project in question.)
Summary table of residential uses, nonresidential uses, and open space planned for each development phase and for the entire development.
Visual impact or traffic analysis, if required by the Town or Planning Board.
Existing agricultural operations within one-half mile of the proposed site.
Agricultural data statement if located in a certified New York State agricultural district.
Full environmental assessment form, Part I filled out.
Narrative explaining potential impacts on groundwater resources using the Town of Minden Groundwater Study as a basis.
Filing of approved PDD and Zoning Map amendment. Following approval by the Town Board of a PDD, the zoning text and Zoning Map shall be duly amended by the Town Board to reflect the development location, standards, and requirements as approved by the Town Board. Such map and text shall be filed, as required, as local law with the State of New York Department of State, and a copy shall be filed in the Montgomery County Clerk's Office, and Office of the Town Clerk. The approved map amendment shall be identified on the Zoning Map with a name or number.
Site plan and special use review and approval by the Planning Board. The zoning of the property as a PDD by the Town Board does not create any vested rights in the applicant or property owner. The applicant shall be required upon approval of the PDD zoning to make a complete application to the Planning Board for site plan, subdivision, and/or special use permits, as may be required by the Town Board. The Planning Board may utilize all information submitted to the Town Board by the applicant in preparation for site plan and/or special use permit applications. The Planning Board may, at its own discretion, require such additional information as needed for conducting the special use and/or site plan reviews.
Expiration of PDD District. The applicant shall submit an application for site plan, special use or subdivision approvals, as the case may be, within one year of the date of approval by the Town Board of the PDD zoning. If this application is not made within one year of the date the PDD zoning is granted, the rezoning shall become null and void and the land which is the subject of the PDD rezoning shall revert to the underlying zone. Prior to said one-year period, the applicant may request from the Town Board an extension of time for the submission of a plan and reasons for such extension. The Town Board, in its discretion, may approve or deny the extension.
Special use permit approval for one or more phases of an approved PDD or the entire PDD must be obtained no later than three years following the approval of the PDD. All components of the PDD shall be completed no later than five years after final approval of the PDD, provided that the Town Board may grant extensions of time where the developer demonstrates that it is making a good faith effort to complete the development and there are no outstanding violations of this chapter with respect to the PDD. Any failure to meet these deadlines shall result in the expiration of the PDD which shall become null and void.
If the PDD becomes null and void, the Town Board shall notify the owners of land within the PDD of such change, place notice of such change in the official newspaper of the Town, and cause the official Zoning Map to be amended to remove the PDD designation.
Changes. Any significant changes to building location, sizes, type, use, configuration, site plan, or changes which the Planning Board deems may have the potential to have a significant impact or represents a significant deviation from the plans upon which the FBD zone is based, shall be referred back to the Town Board for its review and consideration. The Town Board shall determine whether any changes require amendments to the PDD plan.
Design standards.
Architectural character. Buildings may be either traditional in their architectural character, or be a contemporary expression of traditional styles and forms respecting the scale, proportion, character and materials of historic village and hamlet structures common to the Town of Minden.
Architectural variety. A variety of architectural features and building materials is encouraged to give each building or group of buildings a distinct character.
Scale. The scale of new construction, including the arrangement of windows, doors and other openings within the facade, shall be compatible or similar with historic buildings in the region.
Building mass. Buildings of 80 feet or more in width shall be visually divided into smaller increments to reduce their apparent size and contribute to a human scale development. The mass of these buildings shall be de-emphasized in a variety of ways through architectural details such as divisions or breaks in materials, window bays, separate entrances and entry treatments, variation in rooflines, awnings, or the use of sections that may project or be recessed up to 10 feet.
Consistent cornice lines. Attached buildings shall maintain cornice lines in buildings of the same height.
Fenestration. Windows and other openings shall have proportions and a rhythm of solids to voids similar to historic buildings in the region.
Roof materials. Roof materials and color should be traditional, meaning they should be within the range of colors found on historic buildings in the region. The use of fascias, dormers and gables is encouraged to provide visual interest.
Exterior wall materials. Exterior wall materials and texture should be similar to that found on historic buildings in the region.
Colors. Colors on exterior surfaces shall use pallets that blend with the surrounding landscape, or that are harmonious with surrounding development, whichever the Planning Board determines to be most compatible with the rural character of the neighborhood and the Town.
Accessory structures. All accessory structures, screen walls and exposed areas of retaining walls shall be of a similar type, quality and appearance as the principal structure.
The Planning Board may require pedestrian facilities, including hiking or bicycle trails; streetscape and landscaping standards, including materials, street furniture, illumination, cross walks, and preservation of existing specimen trees.
All other development standards of this chapter for commercial structures including, but not limited to, lighting, landscaping, and signage standards shall be met.