Ogden City Zoning Code
ARTICLE V
District Regulations
§ 300-24 Conformance required.
All buildings hereafter erected or materially altered externally, any completed building or structure hereafter located or relocated upon lands and all buildings and lands in or on which the use is expanded or changed shall conform to the provisions of this chapter, and buildings and lands shall be used only as hereinafter provided. Any use not specifically authorized in a district shall be prohibited.
§ 300-25 RA Rural Agricultural District.
A.
Intent. The purpose of the Rural Agricultural District is to implement the agricultural designation of the Comprehensive Plan, to protect predominantly agricultural areas from nonfarm development pressures, to encourage the continuation of commercial agriculture and the associated operations necessary to support it, to prevent scattered nonfarm growth, to reduce land use conflicts, preserve open space and natural resources and to implement the state's agricultural districts and right-to-farm laws at the local level. Since agriculture is the intended primary use, residents and other nonagricultural occupants must accept the impacts associated with normal farming practices.
B.
Permitted principal uses. The following principal uses are permitted in the RA Rural Agricultural District:
(1)
Single-family dwelling per lot of record.
(2)
Agriculture, including animal husbandry, horticulture, viticulture, floriculture, beekeeping and the cultivation of crops.
(3)
Seasonal produce stands and U-pick operations, provided that:
(a)
All produce originates on the farm.
(b)
Only one stand containing not more than 500 square feet of floor area shall be permitted.
(c)
Such stand shall be set back at least 15 feet from the edge of pavement and outside the right-of-way.
(d)
Such stand shall be provided with a sufficient area to permit at least five automobiles to park safely off the road pavement and to re-enter the traffic in a forward motion.
(4)
Fish farms and aquaculture projects, provided that no new seafood or fish-raising facilities or ponds shall be located within 1,000 feet of the agricultural operations requiring pesticide and/or herbicide applications as part of their normal farm practices.
(5)
Livery stables or riding academies where animals are rented or leased.
(6)
Small wood lot management, tree farming, commercial forestry and reforestation, including the temporary use of portable management, harvesting or processing equipment.
(7)
Municipal uses.
(8)
Churches.
[Added 4-8-2015 by L.L. No. 1-2015]
D.
Conditional uses. The following uses are permitted in the Rural Agricultural District subject to the issuance of a conditional use permit by the Zoning Board of Appeals pursuant to Article XI:
(1)
Schools, libraries, fire stations, community clubs, summer camps, cemeteries, and other public facilities which are consistent with the purpose of this District.
[Amended 4-8-2015 by L.L. No. 1-2015]
(2)
Animal hospitals and accessory kennels and stables, provided that:
(a)
No building or animal enclosure shall be located closer than 100 feet from the external property lines.
(b)
Such facilities must have a waste disposal program approved by the County Health Department.
(c)
Such facility shall be operated at all times in a manner specifically designed to prevent the use of the facilities from becoming a nuisance, either public or private; said program to be recorded as one of the conditions attached to the permit.
(4)
Housing or camping facilities to accommodate seasonal agricultural employees, provided that:
(5)
Aircraft landing strips when used solely for personal uses; provided that no landing strip shall be located within 250 feet from the center line of the landing strip to any property line, building or structure.
(6)
Home occupations employing no more than three people, outside the family, conducted in a structure(s) other than the dwelling unit, provided that:
(a)
The home occupation is related to the purposes and need of the agricultural district.
(b)
Construction of or additions to buildings to house said occupation shall not exceed 750 square feet of total floor area.
(c)
In the event that materials will be stored outdoors, the material will not be visible from surrounding uses or roads.
(7)
Commercial processing of forestry products on a permanent basis, utilizing permanently installed equipment.
(8)
Golf course.
(9)
Commercial sale of produce, fertilizer, compost, firewood or similar material grown and/or produced on the farm, at a location other than a roadside stand.
(10)
Commercial feed lots, provided that:
(a)
No feed lot shall be located closer than 1,000 feet from a residential, commercial or industrial zone.
(b)
All feed lots shall be located above the one-hundred-year floodplain of all river systems, 300 feet from irrigation and drainage ditches and 300 feet from the ordinary high-water line of any stream and waterway.
F.
Lot and building area requirements. Requirements shall be as follows:
(1)
Number of dwelling units or lots.
(a)
In order to preserve agricultural tracts, it is the express intent of this provision that the subdivision of lots from farms or the development of nonagricultural uses and structures on existing farms shall be limited. In addition, it is the express intent of this provision that the maximum size of lots created for any use other than agriculture be limited in order to provide for the retention of tracts of sufficient size to be used for agricultural purposes. It is the intent of the Town Board to preserve prime agricultural land through the enactment of these regulations.
(b)
The maximum number of lots which may be created from a parcel of land shall be based on the acres of contiguous land held in single and separate ownership (the "parent tract") on March 16, 1981, or, if such land was not classified as Rural Agricultural District on March 16, 1981, the date on which such land was first zoned Rural Agricultural District. The following scale shall be used to determine the permissible subdivision:
Lot Area (acres) | Number of Lots Which May Be Subdivided |
|---|---|
At least 2 but less than 6 | 1 |
At least 6 but less than 30 | 2 |
At least 30 but less than 80 | 3 |
At least 80 but less than 130 | 4 |
At least 130 but less than 180 | 5 |
At least 180 but less than 230 | 6 |
At least 230 but less than 280 | 7 |
(c)
Any land development the purpose of which is to permit the erection of a permanent single-family dwelling on a parent tract which has been previously improved with a dwelling which also will remain upon the tract or to permit the erection of a structure for an additional principal use on the parent tract shall be considered a subdivision for the purposes of this section. It is the purpose and intent of this section to limit the development of agricultural tracts.
(d)
No subdivision shall be permitted which shall increase the lot size of a lot used for residential purposes in excess of the maximum lot size as set forth in Subsection F(2) below. Any lot which is three or fewer acres in size shall be presumed to be used for residential purposes, and the size of such lot shall not be increased.
(e)
A subdivision the sole purpose of which is to transfer land to increase the size of a lot being used for agricultural purposes, where both the parent tract from which the land is taken and the lot to which the land is added will be 25 acres or greater after such subdivision, shall not be included when computing the permissible number of lots to be subdivided from a tract as set forth in Subsection F(1)(b) above.
(f)
A subdivision to create a lot which will be transferred to the Town, a municipality authority created by the Town or another governmental body shall not be included when computing the permissible number of lots to be subdivided from a tract as set forth in Subsection F(1)(b) above.
(g)
Any subdivision or land development plan hereafter filed with the applicable approving body for subdivision or land development of a parent tract shall specify which lot or lots shall carry with it a right of further subdivision or erection of single-family dwellings or other principal nonagricultural buildings, if any such right remains from the quota allocated to the parent tract on March 16, 1981, or on the date when such land was first included within the Rural Agricultural District, whichever is later. The right of further subdivision or erection of single-family dwellings or other principal nonagricultural buildings or an indication that no further subdivision or erection of single-family dwellings or other principal nonagricultural buildings, if any, is permissible shall also be included in the deed to the newly created lot. In the event that a lot which was not classified as part of the Agricultural District on March 16, 1981, is or was thereafter classified as part of the Rural Agricultural District, the size and ownership of any such lot on the effective date of the change in zoning classification shall determine the number of lots which may be subdivided from or the number of single-family dwellings or other principal nonagricultural buildings which may be erected on such lot.
(2)
Lot requirements shall be as follows:
(a)
Minimum and maximum lot areas.
[1]
Agriculture. The minimum lot area shall be 20 acres; provided, however, that any farm containing at least 10 or more acres as of the effective date of this chapter is expressly authorized to be continued as a use permitted by right.
[2]
Single-family residential dwelling. The minimum lot size shall be one acre and the maximum lot size shall be three acres; provided, however, that the maximum lot area may be increased if, after completing any hydrogeologic studies required by the Monroe County Health Department or the Town, a larger lot area is required to accommodate an individual on-lot sewage disposal system and the Department will not accept a plume easement or other method to accommodate sanitary sewage disposal requirements. It is the express intent of this provision to limit the size of the lots created in this district, and the maximum lot size in excess of three acres shall be the minimum lot size acceptable to the Monroe County Health Department, in quarter-acre increments.
[3]
Any other permitted use. The minimum lot size shall be one acre and the maximum lot size shall be three acres; provided, however, that the maximum lot area may be increased if, after completing any hydrogeologic studies required by the Monroe County Health Department or the Town, a larger lot area is required to accommodate an individual on-lot sewage disposal system and the Department will not accept a plume easement or other method to accommodate sanitary sewage disposal requirements. It is the express intent of this provision to limit the size of the lots created in this district, and the maximum lot size in excess of three acres shall be the minimum lot size acceptable to the Monroe County Health Department, in quarter-acre increments.
(b)
Minimum lot width: 150 feet.
(c)
Minimum lot depth: 250 feet.
(d)
Maximum lot coverage by buildings: 20%.
(e)
Minimum interior distance: none for farm buildings; 50 feet for all other principal buildings.
§ 300-26 RR Rural Residential District.
A.
Intent. The purpose of the Rural Residential District is to implement the rural designation of the Comprehensive Plan by encouraging large-lot residential development in areas where 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, these are areas farther from commercial/service centers, acting as a transition between conventional suburban residential development densities and rural densities and where public water, but not public sewer, is expected. Development is favored in subdivisions of several lots rather than on individual acreage tracts. Provisions are also made for clustering building sites where environmental conditions permit and where the clustering of units can preserve the rural character of the countryside.
B.
Permitted principal uses. The following principal uses are permitted in the RR Rural Residential District:
(1)
One single-family dwelling per lot of record.
(2)
Customary agricultural operations, including a garden nursery, greenhouse and usual farm buildings, subject to the following restrictions:
(a)
No building in which farm animals are kept shall be closer than 150 feet to any adjoining lot line. In no case shall a new residential building be constructed with a setback less than 150 feet from any existing agricultural structure.
[Amended 10-22-2003 by L.L. No. 12-2003]
(b)
No storage of manure or odor- or dust-producing substance or use shall be permitted within 100 feet of any adjoining lot line.
(c)
No greenhouse heating plant shall be operated within 50 feet of any adjoining lot line.
(3)
Seasonal produce stands and U-pick operations, provided that:
(a)
All produce originates on the farm;
(b)
Only one stand containing not more than 500 square feet of floor area shall be permitted;
(c)
Such stand shall be set back at least 15 feet from the edge of pavement and outside the right-of-way.
(d)
Such stand shall be provided with a sufficient area to permit at least five automobiles to park safely off the road pavement and to re-enter the traffic in a forward motion.
(4)
Raising or keeping of animals as pets or for sport, but not for commercial sales, on properties other than farms.
(5)
Open recreation areas such as parks, playgrounds and golf courses.
(7)
Churches.
[Added 4-8-2015 by L.L. No. 1-2015]
C.
Permitted accessory uses. The following accessory uses shall be permitted in the RR Rural Residential District:
(1)
Customary accessory uses and buildings, provided that such uses are incidental to the principal use and do not include any activity commonly conducted as a business. Any accessory structures shall be located on the same lot with the principal building.[2]
(3)
Garage space for not more than three motor vehicles for a single-family residence.
D.
Conditional uses. The following uses are permitted in the RR Rural Residential District subject to the issuance of a conditional use permit by the Zoning Board of Appeals pursuant to Article XI:
(1)
Kennels.
(2)
Riding academics or livery stables where animals are rented or leased.
(3)
Home occupations outside the primary structure, employing not more than two people outside the immediate family.
(4)
Commercial agriculture, horticulture, silviculture, aquaculture or similar forms of active, intensive agriculture requiring specialized facilities and equipment.
(6)
Public or private schools.
(7)
Child-care centers.
(8)
Hospitals, clinics and nursing homes.
(9)
Community centers other than municipal.
(10)
Aircraft landing strips when used solely for personal uses.
F.
Lot and building area requirements. Requirements shall be as follows:
(1)
Size of lot.
(a)
Where public water is available, the minimum width of the lot at the building line shall be 200 feet and the minimum area shall be 87,120 square feet.
(b)
In areas where the applicant is applying for a development where public water is not available, the minimum width of the lot at the building line shall be 300 feet and the minimum area shall be five acres.
(c)
In areas with public water where application is made under § 278 of the Town Law, clustering may be allowed with a minimum lot size of one acre for the overall development being computed at three acres per lot unless regulated as a floodplain, wetland or steep slope area or other environmentally limited lands, which shall be calculated at five acres per lot, and the minimum lot width shall be 160 feet.
(2)
Setbacks.
(a)
(b)
Cluster developments. In cluster developments, the minimum front setback shall be 100 feet. Other dimensions shall be the same as above.
(3)
Principal structure spacing. The minimum spacing between principal structures on adjacent lots shall be the height of the taller building plus 30 feet.
§ 300-27 RT Residential Transition District.
A.
Intent. The purpose of the Residential Transition District is to allow residential development in areas where lack of public utilities and conditions of the environment require larger lot sizes and preservation of open spaces and where extension of sewer and water service is encouraged.
B.
Permitted principal uses. The following principal uses are permitted in the RT Residential Transition District:
(1)
Single-family dwelling with attached garage per lot of record.
(2)
Churches.
[Amended 4-8-2015 by L.L. No. 1-2015]
(3)
Public parks and public playgrounds.
(4)
Public or parochial schools and institutions of higher education, public libraries and municipal buildings, excluding sewage disposal and incinerator plants.
(5)
Customary agricultural operations, including a garden nursery, greenhouse and usual farm buildings, subject to the following restrictions:
(a)
No building in which farm animals are kept shall be closer than 150 feet to any adjoining lot line.
(b)
No storage of manure or odor- or dust-producing substance or use shall be permitted within 100 feet of any adjoining lot line.
(c)
No greenhouse heating plant shall be operated within 50 feet of any adjoining lot line.
(d)
Roadside stands may be erected and used for the sale of agricultural products produced on the premises. Permanent buildings for such purpose must comply with principal building requirements as to setback and side yards. Temporary or movable stands may be located not nearer to the street or road line than 25 feet, and there shall be provided an off-street parking area sufficient to accommodate the vehicles of customers and to eliminate traffic hazards.
C.
Permitted accessory uses. The following accessory uses shall be permitted in the RT Residential Transition District:
(1)
Customary accessory uses and buildings, provided that such uses are incidental to the principal use and do not include any activity commonly conducted as a business. Any accessory structures shall be located on the same lot with the principal building.[1]
(2)
Single-family residences are allowed garage space for not more than three motor vehicles.
D.
Conditional uses. The following uses are permitted in the RT Residential Transition District subject to the issuance of a conditional use permit by the Zoning Board of Appeals pursuant to Article XI:
(1)
Community centers other than municipal.
(2)
Public utility structures necessary for the service of the area, excluding office buildings or maintenance or storage yards.
(3)
Cemeteries.
(4)
Golf courses and country clubs.
(5)
Funeral homes.
(6)
Hospitals, clinics and nursing homes.
(7)
Child-care centers.
(8)
Commercial agriculture, silviculture, aquaculture or similar forms of active, intensive agriculture requiring specialized facilities and equipment.
E.
Prohibited uses. The following uses are specifically prohibited in the RT Residential Transition District:
(1)
Adult uses.
(2)
Excavating, removal or storage of earth, sand, gravel, rock, topsoil or other similar material (excluding wood) other than excavation, removal or storage necessary in connection with the construction of buildings, structures, retaining walls, fences, private drives, parking lots, public improvements and public and private utilities, notwithstanding Article XII of this chapter, Chapter 131, Excavations and Fill, of this Code or any other applicable chapter of the Code of the Town of Ogden.
(4)
Mining.
[Added 12-14-2005 by L.L. No. 9-2005]
F.
Building foundations. Every building designed or intended to be used for residence purposes shall be built upon permanent foundation walls and shall conform to the minimum schedule of habitable square feet of floor area as specified in § 300-58.
G.
Lot and building area requirements. For purposes of the RT Residential Transition District, minimum lot sizes shall be determined by the utilities available to serve the development. Dimensional requirements shall be similarly established.
(1)
Density.
(a)
Land with both public sewer and water shall be developed at a density of one lot (unit) per 1/2 acre;
(b)
Land without both sewer and water shall be developed at a density of one lot (unit) per three acres; and
(c)
Land with water or sewer only shall be developed with a density of one lot (unit) per one acre.
(2)
The following chart establishes the dimensional requirements of this zone:
[Amended 10-22-2003 by L.L. No. 12-2003]
Dimension | Sewer and Water | Water or Sewer Only | No Sewer or Water | |
|---|---|---|---|---|
Size (acres) | 1 | 1 | 3 | |
Width at setback line | ||||
Standard (feet) | 150 | 150 | 200 | |
Corner (feet) | 150 | 150 | 200 | |
Front setback (feet) | 60 | 60 | 60 | |
Side setback (feet) | 15 | 15 | 15 | |
Rear setback (feet) | 30 | 30 | 30 | |
Width at street line (feet) | 150 | 150 | 200 | |
H.
Open space preservation.
[Amended 10-22-2003 by L.L. No. 12-2003]
(1)
The use of § 278 of the Town Law is permissible in this zone and may be used for the purpose of preserving open space. Public sewer and water are required to reduce the lot size below one acre. Dimensional guidelines are identified below, but may be further reduced based upon the conditions of the site and land use characteristics of the area where consistent with the density guidelines of this District as expressed in the Comprehensive Plan.[3]
Dimensions | Sewer and Water Available | |
|---|---|---|
Size (square feet) | 15,000 minimum | |
Width at setback line | ||
Standard (feet) | 85* | |
Corner (feet) | 120* | |
Front setback (feet) | 50* | |
Side setback (feet) | 30* | |
Rear setback (feet) | 10 | |
Width at street line (feet) | 85* | |
* | NOTE: May be reduced by the Planning Board for near- or zero-lot-line-style housing. |
(2)
Special conditions. House placement on lots shall consider the visual perception of the development from adjoining developments, adjoining lots and roadways and shall result in the preservation of large contiguous areas of open space, where possible.
§ 300-28 R-1 Single-Family Residential District.
A.
Intent. In addition to the general purpose of this chapter, it is the intent of the R-1 Single-Family Residential District to provide areas within the Town for low-density single-family development. This district also provides for other specified uses which are compatible with the primary residential nature of the district.
B.
Permitted principal uses. The following principal uses are permitted in the R-1 Single-Family Residential District:
(1)
Single-family dwelling with attached garage per lot of record.
(2)
Churches.
[Amended 4-8-2015 by L.L. No. 1-2015]
(3)
Public parks and public playgrounds.
(4)
Public or parochial schools and institutions of higher education, public libraries, municipal buildings, excluding sewage disposal and incinerator plants.
(5)
Customary agricultural operations, including a garden nursery, greenhouse and usual farm buildings, subject to the following restrictions:
(a)
No building in which farm animals are kept shall be closer than 150 feet to any adjoining lot line.
(b)
No storage of manure or odor- or dust-producing substance or use shall be permitted within 100 feet of any adjoining lot line.
(c)
No greenhouse heating plant shall be operated within 50 feet of any adjoining lot line.
(d)
Roadside stands may be erected and used for the sale of agricultural products produced on the premises. Permanent buildings for such purpose must comply with principal building requirements as to setback and side yards. Temporary or movable stands may be located not nearer to the street or road line than 25 feet, and there shall be provided an off-street parking area sufficient to accommodate the vehicles of customers and to eliminate traffic hazards.
C.
Permitted accessory uses. The following accessory uses shall be permitted in the R-1 Single-Family Residential District:
(1)
Customary accessory uses and buildings, provided that such uses are incidental to the principal use and do not include any activity commonly conducted as a business. Any accessory structures shall be located on the same lot with the principal building.[1]
(2)
Single-family residences are allowed garage space for not more than three motor vehicles (maximum square footage of garage space per lot not to exceed 960 square feet).
[Amended 2-26-2003 by L.L. No. 5-2003]
D.
Conditional uses. The following uses are permitted in the R-1 Single-Family Residential District subject to the issuance of a conditional use permit by the Zoning Board of Appeals pursuant to Article XI:
(1)
Community centers other than municipal.
(2)
Public utility structures necessary for the service of the area, excluding office buildings or maintenance or storage yards.
(3)
Cemeteries.
(4)
Golf courses and country clubs.
(5)
Funeral homes.
(6)
Hospitals, clinics and nursing homes.
(7)
Child-care centers.
(8)
Commercial agriculture, silviculture, aquaculture or similar forms of active, intensive agriculture requiring specialized facilities and equipment.
(9)
In-law apartment.
[Added 9-14-2005 by L.L. No. 6-2005]
(a)
Square footage not to exceed 750 square feet.
(b)
Common access area shall be provided. Such area shall be conditioned.
(c)
Occupancy shall be restricted to the owners of record and their blood relatives.
(d)
Design shall be done in such a way so as to facilitate the assimilation of the addition into the original structure when the need for an in-law area ceases.
(e)
Rental of the area is strictly prohibited.
(f)
A declaration of restrictions to be recorded in the Monroe County Clerk's Office, along with the deed to the subject property.
(10)
Commercial outdoor recreational uses.
[Added 10-22-2014 by L.L. No. 4-2014]
E.
Prohibited uses. The following uses are specifically prohibited in the R-1 Single-Family Residential District:
(1)
Adult uses.
(2)
Excavating, removal or storage of earth, sand, gravel, rock, topsoil or other similar material (excluding wood) other than excavation, removal or storage necessary in connection with the construction of buildings, structures, retaining walls, fences, private drives, parking lots, public improvements and public and private utilities, notwithstanding Article XII of this chapter, Chapter 131, Excavations and Fill, of this Code or any other applicable chapter of the Code of the Town of Ogden.
(4)
Mining.
[Added 12-14-2005 by L.L. No. 9-2005]
F.
Lot and building area requirements.
(1)
Residential uses. Requirements are as follows:
[Amended 10-22-2003 by L.L. No. 12-2003]
(a)
Minimum lot size: 30,000 square feet, except 40,000 square feet without public water and sewer.
(b)
Minimum lot width: 150 feet, except 200 feet without public water and sewer.
(c)
Minimum lot depth: 200 feet.
(d)
Minimum front yard setback: 60 feet.
(e)
Minimum side yard setbacks: 15 feet for principal buildings, five feet for sheds and 15 feet for accessory structures.
[Amended 11-28-2018 by L.L. No. 1-2018; 4-12-2023 by L.L. No. 2-2023]
(f)
Minimum rear yard setbacks: 30 feet for principal buildings, five feet for sheds and 15 feet for accessory structures.
[Amended 11-28-2018 by L.L. No. 1-2018; 4-12-2023 by L.L. No. 2-2023]
(g)
The following chart reflects the dimensional requirements for residential use in this zone:
Dimension | Sewer and Water | Water or Sewer Only | No Sewer or Water | |
|---|---|---|---|---|
Size (square feet) | 30,000 | 30,000 | 40,000 | |
Width at setback line | ||||
Standard (feet) | 150 | 150 | 200 | |
Corner (feet) | 150 | 150 | 200 | |
Front setback (feet) | 60 | 60 | 60 | |
Side setback (feet) | 15 | 15 | 15 | |
Rear setback (feet) | 30 | 30 | 30 | |
Width at street line (feet) | 150 | 150 | 200 | |
(3)
Land coverage.
(a)
The maximum land coverage by all buildings on a single lot in the R-1 District shall be 20%.
(b)
The maximum land coverage by accessory structures allowable in an R-1 District is 1%. Additionally, no accessory structure(s) may exceed 5,000 square feet total floor area per parcel, regardless of lot size.
[Amended 2-26-2003 by L.L. No. 5-2003; 11-24-2009 by L.L. No. 6-2009; 11-28-2018 by L.L. No. 1-2018; 4-12-2023 by L.L. No. 2-2023]
H.
Temporary storage containers shall not be used as accessory structures or sheds and may only be used upon the issuance of a building permit for a period not to exceed three months.
[Added 4-12-2023 by L.L. No. 2-2023]
§ 300-29 R-2 Two-Family Residential District.
A.
Intent. In addition to the general purpose of this chapter, it is the intent of the R-2 Two-Family Residential District to provide a greater variety of housing choices to Town residents by allowing two-unit attached housing in certain areas of the Town.
B.
Permitted principal uses. The following principal uses are permitted in the R-2 Two-Family Residential District:
(1)
Single-family dwelling with attached garage per lot of record.
(2)
Two-family dwellings.
(3)
Churches.
[Amended 4-8-2015 by L.L. No. 1-2015]
(4)
Public parks and public playgrounds.
(5)
Public or parochial schools and institutions of higher education, public libraries and municipal buildings, excluding sewage disposal and incinerator plants.
(6)
Customary agricultural operations, including a garden nursery, greenhouse and usual farm buildings, subject to the following restrictions:
(a)
No building in which farm animals are kept shall be closer than 150 feet to any adjoining lot line.
(b)
No storage of manure or odor- or dust-producing substance or use shall be permitted within 100 feet of any adjoining lot line.
(c)
No greenhouse heating plant shall be operated within 50 feet of any adjoining lot line.
(d)
Roadside stands may be erected and used for the sale of agricultural products produced on the premises. Permanent buildings for such purpose must comply with principal building requirements as to setback and side yards. Temporary or movable stands may be located not nearer to the street or road line than 25 feet, and there shall be provided an off-street parking area sufficient to accommodate the vehicles of customers and to eliminate traffic hazards.
C.
Permitted accessory uses. The following accessory uses shall be permitted in the R-2 Two-Family Residential District:
(1)
Customary accessory uses and buildings, provided that such uses are incidental to the principal use and do not include any activity commonly conducted as a business. Any accessory structures shall be located on the same lot with the principal building.[1]
(2)
Residences are allowed garage space for not more than three motor vehicles per structure, except that two-family dwellings shall only be allowed a total garage space for not more than two motor vehicles per unit.
[Amended 10-22-2003 by L.L. No. 12-2003]
D.
Conditional uses. The following uses are permitted in the R-2 Two-Family Residential District subject to the issuance of a conditional use permit by the Zoning Board of Appeals pursuant to Article XI:
(1)
Community centers other than municipal.
(2)
Public utility structures necessary for the service of the area, excluding office buildings or maintenance or storage yards.
(3)
Cemeteries.
(4)
Golf courses and country clubs.
(5)
Funeral homes.
(6)
Hospitals, clinics and nursing homes.
(7)
Child-care centers.
(8)
Commercial agriculture, silviculture, aquaculture or similar forms of active, intensive agriculture requiring specialized facilities and equipment.
E.
Prohibited uses. The following uses are specifically prohibited in the R-2 Two-Family Residential District:
(1)
Adult uses.
(2)
Excavating, removal or storage of earth, sand, gravel, rock, topsoil or other similar material (excluding wood) other than excavation, removal or storage necessary in connection with the construction of buildings, structures, retaining walls, fences, private drives, parking lots, public improvements and public and private utilities, shall be carried on or conducted in an R-2 District, notwithstanding Article XII of this chapter, Chapter 131, Excavations and Fill, of this Code or any other applicable chapter of the Code of the Town of Ogden.
(4)
Mining.
[Added 12-14-2005 by L.L. No. 9-2005]
F.
Lot and building requirements.
(1)
Residential uses. Requirements are as follows:
[Amended 10-22-2003 by L.L. No. 12-2003]
(a)
Minimum lot size: 40,000 square feet, except 62,500 square feet without public water and sewer.
(b)
Minimum lot width: 200 feet, except 250 feet without public water and sewer.
(c)
Minimum lot depth: 200 feet, except 250 feet without public water and sewer.
(d)
Minimum front yard setback: 60 feet.
(f)
The following chart reflects the dimensional requirements for residential use in this zone:
Dimension | Sewer and Water | Water or Sewer Only | No Sewer or Water | |
|---|---|---|---|---|
Size (square feet) | 40,000 | 40,000 | 62,500 | |
Width at setback line | ||||
Standard (feet) | 200 | 200 | 250 | |
Corner (feet) | 200 | 200 | 250 | |
Front setback (feet) | 60 | 60 | 60 | |
Side setback (feet) | 30 | 30 | 30 | |
Rear setback (feet) | 30 | 30 | 30 | |
Width at street line (feet) | 200 | 200 | 250 | |
§ 300-30 MFR Multiple-Family Residential District.
A.
Intent. In addition to the general purpose of this chapter, it is the intent of the MFR Multiple-Family Residential District to provide areas within the Town of Ogden which will accommodate apartment and townhouse developments, thereby offering a wider choice of residential opportunities to residents and making more efficient use of certain lands. Such districts shall be located in areas which are serviced by public utilities and adequate transportation networks.
B.
C.
Regulations for apartment houses.
(1)
Building requirements.
(a)
No apartment house shall be over 2 1/2 stories or 35 feet in height and accessory structures shall not exceed 15 feet in height or one story, nor shall any room having more than four feet of its vertical height below grade be used for living purposes. Where elevators are provided, they shall conform to the New York State Uniform Fire Prevention and Building Code.[1]
(b)
No apartment building shall contain more than eight dwelling units.
(c)
Each living unit shall provide the following minimum habitable area. Areas for the common use of tenants such as lobbies and corridors will not be considered habitable area.
[Amended 10-22-2003 by L.L. No. 12-2003]
Apartment Size | Minimum Habitable Area (square feet) |
|---|---|
1-bedroom | 750 |
2-bedroom | 900 |
3-bedroom | 1,000 |
More than 3 bedrooms | 1,000, plus 150 for each additional bedroom over 3 |
(d)
There shall be provided for each building suitable containers for the storage of garbage and refuse. Such containers shall be screened from public view by decorative masonry walls. Such masonry wall height shall be a minimum of two feet above the height of the storage container.
[Amended 10-22-2003 by L.L. No. 12-2003]
(e)
No exterior wall shall exceed 100 feet in length unless there is a lateral offset of at least eight feet in its alignment.
(f)
Each building shall contain an adequate fire alarm warning system so that each living unit will be given warning in the event of fire or smoke. Each dwelling unit shall contain sprinkler systems as required by the Town Building Inspector. Sprinkler systems shall be installed according to the standards of the National Fire Protection Association (NFPA 13R) or the equivalent.
[Amended 10-22-2003 by L.L. No. 12-2003]
(g)
Every apartment house shall be constructed and maintained in compliance with the requirements of the Multiple Residence Law and the New York State Fire Prevention and Building Code, except when the Town has established more stringent requirements.
(2)
Site requirements.
(a)
Lot area shall contain a minimum of 3,500 square feet, in the project area, for each living unit in the apartment house building. However, no such building shall be located on a lot having a depth of less than 250 feet or a width of less than 280 feet.
[Amended 6-28-2000 by L.L. No. 6-2000]
(c)
Parking requirements.
[1]
For each living unit in the building, there shall be provided at least two parking spaces.
[2]
No parking or storage space or the erection of garages shall be permitted in the front yard.
[3]
Driveways providing ingress to and/or egress from the parking area from the public highway, together with suitable space for turning, shall be provided.
(d)
A minimum of 20% of the land area shown on the site plan shall be allocated for recreational use.
[Amended 10-22-2003 by L.L. No. 12-2003]
(e)
The total lot coverage of all buildings, structures, sidewalks, parking areas and all other impervious surfaces shall not exceed 45% of the total project area.
[Amended 6-28-2000 by L.L. No. 6-2000]
(f)
All apartment house developments shall provide safe and efficient pedestrian circulation and site lighting facilities.
(3)
(4)
Every apartment house shall be served by a public water supply and public sanitary sewage-disposal facilities.
D.
Regulations for townhouses.
(1)
Building requirements.
(a)
No townhouse shall be over 2 1/2 stories or 35 feet in height and accessory structures shall not exceed 15 feet in height or one story, nor shall any room having more than four feet of its vertical height below grade be used for living purposes.[4]
(b)
No townhouse shall be constructed, altered or reconstructed unless it shall contain a minimum of 960 square feet of habitable area. No townhouse shall be less than 18 feet in width.
(c)
No more than eight townhouses shall be within each building or dwelling group.
(d)
No townhouse building shall have an exterior wall which continues on the same plane for more than 75 feet without an offset of at least four feet.
(e)
The Planning Board, in its discretion, with the approval of the Town Board, may permit a two-bedroom townhouse with a minimum of 860 square feet of habitable area and not less than 18 feet in width.
(2)
Site requirements.
(a)
Overall density of a townhouse development shall not exceed eight dwelling units per acre.
(b)
Setback requirements. Requirements are as follows:
[1]
Front. No townhouse or part thereof in this district shall be so erected or altered that it is nearer than 60 feet to the private right-of-way line upon which it fronts. Additionally, the minimum setback of any townhouse from a public right-of-way is 60 feet. If any building erected in a townhouse dwelling district faces a public or dedicated road, the opposite side of which is either an RT, R-1 or R-2 Residential District, the front yard setback shall be that which is required by that residential district.
[Amended 10-22-2003 by L.L. No. 12-2003]
[2]
Side. A side yard setback of 60 feet is required from the right-of-way line of a private road on each corner lot; 60 feet from the right-of-way line of a public or dedicated road on each corner, except that in the discretion of the Planning Board, a setback of 40 feet might be allowed on a public or dedicated road which exclusively serves a townhouse area.
[Amended 10-22-2003 by L.L. No. 12-2003]
[3]
Between buildings. The distance between buildings shall be at least 40 feet.
[Amended 10-22-2003 by L.L. No. 12-2003]
[4]
Rear. A setback of at least 60 feet from any other townhouse structure or 30 feet from any external boundary line of the proposed development is required for each townhouse.
(c)
Building coverage.
[Amended 10-22-2003 by L.L. No. 12-2003]
[1]
No more than 45% of the gross acreage of a townhouse development shall be occupied by townhouses, other structures, paved areas and all other impervious surfaces.
[2]
No more than 25% of the gross acreage as shown on the site plan for townhouses shall be occupied by the townhouses themselves or accessory structures.
(d)
Automobile storage or parking space. For each townhouse unit, there shall be provided at least two parking spaces, one of which shall be completely enclosed and covered. One-half a parking space per unit shall be provided as overflow parking.
[Amended 10-22-2003 by L.L. No. 12-2003]
(e)
Each townhouse unit shall have a yard adjacent to it which shall be reasonably secluded from view from neighboring property or streets and which shall include at least 800 square feet of usable open space.
(3)
Permitted accessory uses. The following accessory uses shall be permitted for townhouses in the MFR Multiple-Family Residential District:
E.
Prohibited uses. The following uses are specifically prohibited in the MFR Multiple-Family Residential District:
§ 300-31 RB Restricted Business District.
A.
Intent. The purpose of the Restricted Business District is to implement the business nonretail designation of the Comprehensive Plan and applicable guidelines for development by providing areas for the location of professional and administrative offices, service uses and related activities. The size of the district may be large enough to accommodate several properly sited buildings and improvements, such as in an office park. This district may also act as a buffer or transition area between residential areas and more intensively used commercial and industrial districts.
B.
Permitted principal uses. The following principal uses are permitted in the RB Restricted Business District, either as singular structures or part of a building or plaza with several tenants:
(1)
Administrative, professional or executive offices.
(2)
Medical and dental offices and clinics, excluding those which offer overnight occupancy.
(3)
Data processing and computer service centers, not including retail sales.
(5)
Industrial and utility offices, excluding any manufacturing, warehousing or storage.
(7)
Public buildings, offices and maintenance facilities.
C.
Permitted accessory uses. The following accessory uses shall be permitted in the RB Restricted Business District:
(1)
Customary accessory uses and buildings.
D.
Conditional uses. The following uses are permitted in the RB Restricted Business District subject to the issuance of a conditional use permit by the Zoning Board of Appeals pursuant to Article XI:
(1)
Regional or district offices of various types of companies, such as insurance or financial companies.
(4)
Pharmacies.
(5)
Mortuaries or funeral homes.
(6)
Nursery or day-care center.
(7)
Nursing care home.
(8)
Business support (copying, photo processing, computer supplies, package delivery) and personal services (dry cleaning, barber/beauty shop, convenience store), provided that they are located in a plaza or building with other similar uses or associated with another permitted or otherwise approved conditional use.
(9)
Conversion of existing residential structures to a use permitted by right or a conditional use permitted in this zone.
F.
Lot and building area requirements. Requirements shall be as follows:
(1)
Lot area: minimum of 40,000 square feet on internal or local access roads and a minimum of 80,000 square feet on arterial or collector streets.
[Amended 10-22-2003 by L.L. No. 12-2003]
(2)
Lot width: minimum of 200 feet on internal or local access roads and a minimum of 300 feet on arterial or collector streets.
[Amended 10-22-2003 by L.L. No. 12-2003]
(3)
Lot depth: minimum of 200 feet.
(4)
Front setback: minimum of 85 feet on internal or local access roads, minimum of 160 feet on arterial or collector streets. The minimum setback on collector or arterial streets may be increased to accommodate future widening and/or construction of a frontage road. On parcels of five acres or less, the minimum setback for parking lots only shall be reduced to 25 feet.
[Amended 2-9-2011 by L.L. No. 4-2011]
(5)
Side setback: minimum of 25 feet, except that, where adjacent to a residential district or parcel, the minimum shall be 50 feet. On parcels of five acres or less, the minimum setback for parking lots only shall be reduced to 25 feet.
[Amended 2-9-2011 by L.L. No. 4-2011]
(6)
Rear setback: minimum of 30 feet, except that, where adjacent to a residential district or parcel, the minimum shall be 50 feet. On parcels of five acres or less, the minimum setback for parking lots only shall be reduced to 25 feet.
[Amended 10-22-2003 by L.L. No. 12-2003; 2-9-2011 by L.L. No. 4-2011]
(7)
Lot coverage.
(8)
All uses in this district shall set aside not less than 30% of the lot to be devoted to seeding, planting, retention of tree cover or other landscaping. This area shall be used for no other purpose.
[Amended 10-22-2003 by L.L. No. 12-2003]
G.
Off-street parking and loading requirements. The standards contained in Article IX of this chapter shall be used as a guide for the provision of off-street parking and loading facilities in the Restricted Business District. The Planning Board may, during site plan review, increase or decrease these standards for specific uses. In addition to the requirements of Article IX, the following shall apply:
[Amended 6-25-2008 by L.L. No. 9-2008]
(1)
Provisions for off-street loading shall be on those sides of any building which do not face streets, proposed streets or residential areas unless totally screened. The Planning Board shall have the discretion of waving this requirement based on the individual circumstances of the lot and structure under review.
I.
Buffering and landscaping. All uses in Restricted Business Districts shall meet the landscaping and buffering requirements established in § 300-52 of this chapter.
J.
Additional provisions and requirements.
(1)
All uses in this district are subject to site plan approval by the Planning Board. All approvals for construction in this zone shall include a public hearing for site plan approval in accordance with the provisions of § 276 of the Town Law.
[Amended 6-25-2008 by L.L. No. 9-2008[5]]
(2)
Trash receptacles shall be placed in the rear or side of the building and hidden from view by decorative masonry walls. Such masonry wall height shall be a minimum of two feet above the height of the storage container.
[Amended 10-22-2003 by L.L. No. 12-2003]
§ 300-32 NC Neighborhood Commercial District.
A.
Intent. The purpose of the Neighborhood Commercial District is to provide locations where small establishments may be appropriately located to serve frequent commercial and service needs of residents within convenient traveling distance. It is not intended to permit major commercial establishments such as malls or plazas in such districts. These districts shall be located so as to be generally distributed throughout the Town in proportion to the population and shall be limited in size and in proximity to one another. Strip road frontage development and the associated multiplicity of access points are discouraged. The standards provided herein are designed to ensure the development of safe, convenient, efficient and attractive neighborhood shopping and service facilities.
B.
Permitted principal uses. The following principal uses are permitted in the NC Neighborhood Commercial District:
(1)
Convenience stores, provided that there is no gasoline or other fuel-dispensing apparatus on the premises.
(2)
Laundromat or dry-cleaning pickup establishments.
(3)
Bakery.
(4)
Drugstores or pharmacies.
(5)
Specialty shops oriented toward serving the neighborhood.
(6)
Personal service establishments such as barber and beauty shops, shoe repair and tailor shops.
(7)
Flower shops.
(8)
Liquor stores.
(9)
Newsstands.
(10)
Video rental stores.
(11)
Physical fitness and exercise centers.
(12)
Outpatient medical or legal services.
(13)
Art, dance, music or photographic studios.
(14)
Professional offices.
C.
Permitted accessory uses. The following accessory uses shall be permitted in the NC Neighborhood Commercial District:
(1)
Customary accessory uses and buildings.
D.
Conditional uses. The following uses are permitted in the NC Neighborhood Commercial District subject to the issuance of a conditional use permit by the Zoning Board of Appeals pursuant to Article XI:
(1)
Public utilities substations and uses of a similar nature, excluding power plants, maintenance and storage or repair facilities.
(2)
Sit-down restaurants.
(3)
Gasoline service stations, subject to the following conditions. Before granting a conditional use approval for a gasoline service station, the Zoning Board of Appeals, in addition to consideration of standards set forth in Article XI of this chapter, shall consider and determine the following:
(a)
That the proposed structures are located consistent with the intent of the Neighborhood Commercial District and are in conformance with the district regulations.
(b)
That the design and type of proposed structures are in harmony with other structures in the surrounding neighborhood.
(c)
That the proposed use will not create a traffic hazard at the proposed location or a hazard from fire or explosion.
(4)
Combination convenience store and gasoline service station, subject to the conditions set forth in Subsection D(3) above.
(5)
Banks, with or without drive-through or automatic teller services.
(6)
Uses similar in character but not specifically listed as permitted in the Neighborhood Commercial District. Such approval shall be granted in accordance with Article XI of this chapter and upon a finding by the Zoning Board of Appeals that said use is of the same general character of the above permitted uses and is in accordance with the stated purpose of this district.
(7)
Nursery school/day-care center/child-care center.
[Added 3-11-2020 by L.L. No. 3-2020]
E.
Prohibited uses. The following uses are specifically prohibited in the NC Neighborhood Commercial District:
F.
Lot and building area requirements. Requirements shall be as follows:
(1)
Lot area: a minimum of 40,000 square feet.
(2)
Lot width: a minimum of 200 feet.
(3)
Lot depth: a minimum of 200 feet.
(4)
Front setback: minimum of 85 feet on internal or local access roads, minimum of 160 feet on arterial or collector streets. The minimum setback on collector or arterial streets may be increased to accommodate future widening and/or construction of a frontage road. On parcels of five acres or less, the minimum setback for parking lots only shall be reduced to 25 feet.
[Amended 10-22-2003 by L.L. No. 12-2003; 2-9-2011 by L.L. No. 4-2011]
(5)
Side setback: minimum of 25 feet, except that, where adjacent to a residential district or parcel, the minimum setback shall be 50 feet. On parcels of five acres or less, the minimum setback for parking lots only shall be reduced to 25 feet.
[Amended 10-22-2003 by L.L. No. 12-2003; 2-9-2011 by L.L. No. 4-2011]
(6)
Rear setback: minimum of 30 feet, except that, where adjacent to a residential district or parcel, the minimum setback shall be 50 feet. On parcels of five acres or less, the minimum setback for parking lots only shall be reduced to 25 feet.
[Amended 2-9-2011 by L.L. No. 4-2011]
(7)
Lot coverage.
[Amended 10-22-2003 by L.L. No. 12-2003]
(8)
All uses in this district shall set aside not less than 30% of the lot to be devoted to seeding, planting and retention of tree cover or other landscaping. This area shall be used for no other purpose.
[Amended 10-22-2003 by L.L. No. 12-2003]
G.
Off-street parking and loading requirements. All uses in the Neighborhood Commercial District are subject to the off-street parking and loading requirement established in Article IX of this chapter.
I.
Buffering and landscaping. All uses in Neighborhood Commercial District shall meet the landscaping and buffering requirements established in § 300-52 of this chapter.
J.
Additional provisions and requirements.
(1)
Provision of landscaped malls.
(a)
As a condition to the issuance of a building permit for any use in Neighborhood Commercial Districts, the owner shall construct a mall at least 20 feet in width, measured at right angles to the highway, immediately adjacent to the highway on which the lands to be used commercially abut, along the entire frontage of the owner's property. Such mall shall have two concrete curbs or similar structures at least six inches high, one on each side of said mall, to prevent vehicles from driving over the mall. The owner shall plant such mall with grass or other plants for ground cover and shall, if required by the Planning Board, plant trees thereon. A maximum of 25% of the frontage may be excluded from the mall for private access drives.
(b)
The applicant for a building permit in a Neighborhood Commercial District shall submit plans and specifications for such mall to the Planning Board prior to the application for a building permit. Until such mall has been constructed according to the approved plans and specifications so submitted, no building permit for such premises shall be issued.
(c)
Displays. No materials, goods, products or other forms of advertising shall be allowed to be placed on landscaped malls.
(2)
Trash receptacles shall be placed in the rear of the building and hidden from view by use of solid masonry walls. Such masonry wall height shall be a minimum of two feet above the height of the storage container.
[Amended 10-22-2003 by L.L. No. 12-2003]
§ 300-33 GC General Commercial District.
A.
Intent. The purpose of the General Commercial District is to provide for centralized areas where a broader range of commercial goods and services may be offered than are available in the Neighborhood Commercial District. At the same time, these areas are not intended to impair the viability of neighborhood commercial areas, nor are they intended to substantially alter the existing character of the Town of Ogden. General Commercial Districts are intended to be located only in areas with high traffic volumes and direct access to arterial or collector roads.
B.
Permitted principal uses. The following principal uses are permitted in the GC General Commercial District:
(1)
Administrative, professional or executive offices.
(2)
Medical and dental offices and clinics, excluding those which offer overnight occupancy.
(3)
Regional or district offices of various types of companies, such as insurance or financial companies.
(4)
Data processing and computer service centers, not including retail sales.
(6)
Industrial and utility offices, excluding any manufacturing, warehousing or storage.
(8)
Public buildings, offices and maintenance facilities.
(9)
Convenience stores.
(10)
Laundromat or dry-cleaning pickup establishments.
(11)
Bakery.
(12)
Drugstores or pharmacies.
(13)
Specialty shops oriented toward serving the neighborhood.
(14)
Personal service establishments such as barber and beauty shops, shoe repair and tailor shops.
(15)
Flower shops.
(16)
Liquor stores.
(17)
Newsstands.
(18)
Video rental stores.
(19)
Physical fitness and exercise centers.
(20)
Outpatient medical or legal services.
(21)
Art, dance, music or photographic studios.
(22)
Stores and shops for conducting an inside retail business, excluding uses elsewhere regulated in this section as conditional uses.
(23)
Business services, such as copy and printing shops; and equipment sales, service and repair shops.
(24)
Retail plumbing, electrical, heating and cooling stores.
(25)
Home furnishing and furniture stores.
(26)
Rental stores, such as for household and garden equipment.
(27)
Mortuaries and funeral homes.
(28)
Animal hospitals.
(29)
Auto accessories and parts (excluding repairs).
(30)
Farm implement dealers.
(31)
Boat and marine sales and services.
(32)
Gasoline stations.
C.
Permitted accessory uses. The following accessory uses shall be permitted in the GC General Commercial District:
(1)
Customary accessory uses and buildings.
D.
Conditional uses. Uses similar in character but not specifically listed as permitted must receive conditional use approval from the Zoning Board of Appeals. Such approval shall be granted in accordance with Article XI of this chapter and upon a finding by the Planning Board that said use is of the same general character as the above stated permitted uses and is in accordance with the stated purpose of this district. Such uses include, but are not limited to, the following:
(2)
Bowling centers.
(3)
Motor vehicle service stations.
(4)
New or used motor vehicle sales and service.
(5)
Vehicle washers.
(6)
Hotels and motels.
(7)
Theaters, excluding outdoor drive-in theaters.
(9)
Combinations of permitted and conditional uses within a single store or structure which is greater than 80,000 square feet in gross floor area.
(10)
Nursery school/day-care center/child-care center.
[Added 3-11-2020 by L.L. No. 3-2020]
E.
Prohibited uses. The following uses are specifically prohibited in the GC General Commercial District:
F.
Lot and building area requirements. Requirements shall be as follows:
(1)
Lot area: minimum of one acre.
(2)
Lot width: minimum of 200 feet on internal or local access roads and on arterial or collector highways.
[Amended 10-22-2003 by L.L. No. 12-2003]
(3)
Lot depth: minimum of 200 feet.
(4)
Front setback: minimum of 60 feet on internal or local access roads, minimum of 100 feet on arterial or collector streets. On parcels of five acres or less, the minimum setback for parking lots only shall be reduced to 25 feet.
[Amended 2-9-2011 by L.L. No. 4-2011]
(5)
Side setback: none required, except when prescribed by the Planning Board pursuant to site plan review, or except that when adjacent to any residential district, the side yard shall be a minimum of 40 feet, in addition to any buffer area required in § 300-52 of this chapter. On parcels of five acres or less, the minimum setback for parking lots only shall be reduced to 25 feet.
[Amended 2-9-2011 by L.L. No. 4-2011]
(6)
Rear setback: minimum of 30 feet, except that when adjacent to any residential district, the rear yard shall be a minimum of 60 feet, in addition to any buffer area required in § 300-52 of this chapter. On parcels of five acres or less, the minimum setback for parking lots only shall be reduced to 25 feet.
[Amended 2-9-2011 by L.L. No. 4-2011]
G.
Off-street parking and loading requirements. All uses in the General Commercial District are subject to the off-street parking and loading requirement established in Article IX of this chapter.
I.
Buffering and landscaping. All uses in the General Commercial District shall meet the landscaping and buffering requirements established in § 300-52 of this chapter.
J.
Additional provisions and requirements.
(1)
Landscaping. All uses in this district shall set aside not less than 30% of the lot to be devoted to seeding, planting and retention of tree cover or other landscaping. This area shall be used for no other purposes, including outdoor displays of goods or services.
[Amended 10-22-2003 by L.L. No. 12-2003]
§ 300-34 LI Light Industrial District.
A.
Intent. The purpose of the Light Industrial District is to provide areas which may accommodate certain nonnuisance industrial uses, as well as to provide local employment opportunities. This district is suitable for areas with adequate utilities, proximity to adequate transportation facilities and proper relationship to other land uses and natural features. Industrial uses should have characteristics which are compatible with the rural/suburban character of the Town and should be appropriately sited, such as in industrial parks. Industrial uses may include those in manufacturing and production utilizing previously prepared materials, but not those utilizing raw materials or any other process or activity which would result in or cause dissemination of excessive amounts of dust, smoke, gas, fumes, odors, noise, glare, vibration or any other nuisance to adjacent buildings or land. This district specifically excludes residences.
[Amended 6-25-2008 by L.L. No. 9-2008]
B.
Permitted principal uses. All permitted uses are subject to Occupational Safety and Health Act and National Fire Safety Code regulations. The following principal uses are permitted in the LI Light Industrial District:
(1)
Scientific research or experimental development of materials, methods or products, including engineering and laboratory research.
(2)
Manufacture of electronic or optical instruments or devices.
(3)
Administrative, professional or executive offices.
(4)
Printing, publishing and bookbinding.
(5)
Fabrication of paper products, including packaging materials, office and household paper supplies and stationery.
(6)
Light manufacturing, processing, fabrication, assembly or packaging of products from previously prepared materials such as cloth, plastic, paper, leather and metals produced elsewhere.
(7)
The processing and fabrication of plastics and plastic products, including product design and development, molding, mold repairs and alterations, finishing and packaging of plastics and plastic-related products.
(8)
Welding and welding-related activities, provided that these activities are situated in protective rooms with adequate ventilation. Materials shall be stored in fireproof cabinets.
(9)
Adult uses.
(10)
Commercial storage establishments.
[Added 10-22-2003 by L.L. No. 12-2003]
(11)
Self-service storage facility.
[Added 2-26-2014 by L.L. No. 2-2014]
(12)
Commercial indoor recreational uses.
[Added 10-22-2014 by L.L. No. 4-2014]
(13)
Solar energy systems.
[Added 2-22-2017 by L.L. No. 2-2017]
C.
Permitted accessory uses. The following accessory uses shall be permitted in the LI Light Industrial District:
D.
Conditional uses. Uses similar in character but not specifically listed as permitted in the Light Industrial District must apply to the Zoning Board of Appeals for conditional use approval. Such approval shall be granted in accordance with Article XI of this chapter and upon a finding by the Zoning Board of Appeals that said use is of the same general character of the above permitted uses and is in accordance with the stated purpose of this district.
E.
Prohibited uses. The following uses are specifically prohibited in the LI Light Industrial District:
(1)
Residential use.
[Amended 10-22-2003 by L.L. No. 12-2003]
(2)
Manufacturing of explosives, acetylene, gas, oxygen, plaster, disinfectants, insecticides, asphalt, soap, ammonia, bleaching powder, cement, lime, acid, tallow, grease, oils, glue, fertilizer or chemicals emitting corrosive or toxic fumes.
(3)
Any land use, process or activity which would result in or cause dissemination of excessive amounts of dust, smoke, gas, fumes, odors, noise, glare or vibration or any other nuisance to adjacent buildings or land.
(4)
Processing, storage or disposal of hazardous wastes or of coal, coke and fuel oils.
(5)
Fabrication methods using explosive forming.
(6)
Any use which may be detrimental to the health, welfare and safety of residents of the surrounding areas.
(7)
Any use, even if allowed as a permitted use, which does not meet the performance standards as described in this chapter.
(9)
Mining.
[Added 12-14-2005 by L.L. No. 9-2005]
F.
Performance standards. No industrial use shall be established or maintained unless it complies with the performance standards in this section. Continued conformance with such standards shall be a requirement for the continuance of any certificate of occupancy and/or zoning permit.
(1)
Noise.
(a)
Sound levels shall be determined at the property line of the lot from which the noise is emitted. Sound measurements shall be accomplished through the sound-level meter having an A-weighted filter constructed in accordance with specifications of the American National Standards Institute.
(b)
The following uses and activities shall be exempt from these noise regulations:
(c)
Where an industrial district abuts a residential district, no person, firm or corporation shall allow the emission of sound in air which, as measured at the property lines, has a sound level in excess of 60 decibels on the A-weighted scale between the hours of 7:00 a.m. and 8:00 p.m. and in excess of 50 decibels on the A-weighted scale between the hours of 8:00 p.m. and 7:00 a.m.
(2)
Smoke. The density of smoke and other atmospheric pollutants shall be measured by the Ringelmann Chart as published by the United States Bureau of Mines. No person, firm or corporation shall permit the emission of smoke or any other atmospheric pollutant, from any source whatever, for a period or periods aggregating more than four minutes in any one hour which exceeds the density or equivalent opacity of No. 1 on the Ringelmann Chart as measured at the point of emission. The emission of smoke or any other atmospheric pollutant shall not be permitted, regardless of quantity, if it is in any way detrimental to the public health or safety or is a source of damage to property.
(3)
Particulate matter. No person, firm or corporation shall permit the emission of any particulate matter, from any source whatever, to exceed one pound per hour per acre of lot area. The emission from all sources within any lot area of particulate matter containing more than 10% of particles having a diameter larger than 44 microns is prohibited.
(4)
Odor. No person, firm or corporation, excluding farms and farm operations, shall permit the emission of any offensive odor at the property line of the lot from which the odor is emitted.
(5)
Fire and explosion. The storage, utilization or manufacture of detonable materials shall not be permitted. The storage and utilization of flammable liquids or materials shall be in conformance with the applicable regulations set forth in the New York State Uniform Fire Prevention and Building Code.
(6)
Electromagnetic interference. No land use or operation shall be allowed which produces any perceptible electromagnetic interference with normal radio or television reception outside the boundaries of the lot on which such use or operation takes place.
(7)
Electromagnetic radiation. No land use or operation shall be allowed which produces electromagnetic radiation which does not comply with the current requirements of the Federal Communications Commission or with the standards of the American National Standards Institute.
(8)
Heat. No emission of heat shall be permitted which would cause a temperature increase in excess of 1° F. along any adjoining lot line, whether such change is in the air, in the ground or in any watercourse or body of water.
(9)
Toxic or noxious matter. No land use or operation shall be permitted which permits or causes the escape of any toxic or noxious fumes, gases or other matter outside the building in which the use is conducted.
(10)
Radiation. No emission, discharge or storage of radioactive gases, liquids or solids shall be permitted.
(11)
Vibration. No activity shall cause or create a steady state or impact vibration discernible at any lot line.
(12)
Liquid or solid wastes. The discharge of any or all wastes shall be permitted only if in complete accordance with all standards, laws and regulations of the County Department of Health, New York State Department of Environmental Conservation or any other regulatory agency having jurisdiction. Facilities for the storage of solid waste shall be so located and designed as to be screened from the street or from any adjoining property and so as to discourage the breeding of rodents or insects. All wastes are to be properly stored and removed weekly.
(13)
Lights. All exterior lighting in connection with all buildings, signs or other uses shall be directed away from adjoining streets and properties and shall not cause any objectionable glare observable from such streets or properties. Hours of lighting may be limited by the Planning Board in acting on any site plan. No use shall produce glare so as to cause illumination beyond the property on which it is located in excess of 0.5 footcandle.
(14)
Industrial storage. Materials, supplies and products shall not be stored in any front or side yard area nor in any required yard. All outside storage areas shall be neatly kept, fenced, lighted and screened from any existing or proposed road or any adjoining district.
(15)
Commercial storage. Materials, supplies and products shall be stored in the rear half of the property but not in any required yard and shall be screened from any existing or proposed road or any adjoining residential area.
(16)
Fences. The Planning Board may require the fencing or screening, or both, of any hazardous or potentially dangerous conditions which in the opinion of the Board might cause injury to persons or damage to property. Refer also to the fencing regulations of this chapter.[1]
(17)
Edible products. All edible products or materials for human or nonhuman consumption or used in manufacturing shall be maintained free of all vermin and insects.
(18)
The Planning Board, upon review of the proposed development, may prescribe such additional conditions as are, in its opinion, necessary to secure the objectives of this chapter.
G.
Performance standards procedures.
(1)
In the case of any application for the establishment of a use subject to the performance standards, the Planning Board may require the applicant, at the applicant's own expense, to provide such evidence as it deems necessary to determine whether the proposed use will conform to said standards.
(2)
If the Planning Board deems it necessary, expert advice may be obtained, with the cost of such advice paid for in advance by the applicant as a condition of further consideration of the applicant's application. The report of any expert consultants shall be promptly furnished to the applicant.
(3)
During the course of site plan review, the Planning Board will determine if the applicant's proposal will conform to the performance standards.
H.
Performance standard enforcement. If, in the judgment of the Code Enforcement Officer or of the Town Board, there is a violation of the performance standards:[2]
(1)
The Code Enforcement Officer shall give written notice, by registered or certified mail, to the owner and tenants of the property upon which the alleged violation occurs, describing the particulars of the alleged violation and the reasons why it is believed that there is a violation in fact and shall require an answer or correction of the alleged violation to the satisfaction of the Code Enforcement Officer within 10 days of the date of receipt. The notice shall state that, upon request of those to whom it is directed, technical determinations of the nature and extent of the violation as alleged will be made and that, if violation as alleged is found, costs of the determinations will be charged against those responsible, in addition to such other penalties as may be appropriate and that, if it is determined that no violation exists, costs of determination will be borne by the Town.
(2)
If, within the ten-day time limit, there is no reply but the alleged violation is corrected to the satisfaction of the Code Enforcement Officer, such officer shall note "violation corrected" on the copy of the notice to be retained for recordkeeping purposes.
(3)
If there is no reply within the ten-day time limit and the alleged violation is not corrected to the satisfaction of the Code Enforcement Officer within the time limit, such officer shall proceed to take action in accordance with the provisions of this chapter.
I.
Additional provisions and requirements.
(1)
All processes shall take place within an enclosed building. Incidental storage out-of-doors shall be shielded from view from public streets, adjacent off-street parking areas and neighboring properties by fencing, landscaping, earth berms or other appropriate measures.
(2)
Provision of landscaped malls. As a condition to the issuance of a building permit for any use in a Light Industrial District, the owner shall construct a mall at least 20 feet in width, measured at right angles to the highway, immediately adjacent to the highway on which the lands to be used commercially abut, along the entire frontage of the owner's property. When necessary, such mall shall have concrete curbs or similar structures at least six inches high, one on each side of said mall, to prevent vehicles from driving over the mall. The owner shall plant such mall with grass or other plants for ground cover and shall, if required by the Planning Board, plant trees thereon. A maximum of 25% of the frontage may be excluded from the mall for private access drives.
(3)
All uses in this district shall set aside not less than 30% of the lot to be devoted to seeding, planting, retention of tree cover or other landscaping. This area shall be used for no other purpose.
(4)
Whenever a permitted use in the Light Industrial District abuts any residential district, a landscaped area 100 feet in width must be provided along the full length of the adjacency. Whenever a permitted use in the Light Industrial District is located adjacent to any commercial district, a landscaped area 50 feet in width must be provided along the full length of the adjacency. A ten-foot-wide buffer area shall be planted and perpetually maintained so as to visually and audibly screen the industrial activity from the adjacent district as per the buffering requirements of this chapter.
(5)
Site plan approval by the Planning Board shall be required in the Light Industrial District for all new uses, changes in use and construction or alteration which would increase the gross floor area by 15% or more. The performance standards listed in this section shall be considered during site plan review, in addition to the standard criteria. Said review process shall include a public hearing for site plan approval in accordance with the provisions of § 276 of the Town Law.
[Amended 6-25-2008 by L.L. No. 9-2008[3]]
J.
Lot and building area requirements. Requirements shall be as follows:
(1)
Lot area: a minimum of 62,500 square feet.
(2)
Lot width: a minimum of 250 feet.
(3)
Lot depth: a minimum of 250 feet.
(4)
Front setback:
(a)
Internal or subdivision streets: a minimum of 60 feet.
[Amended 10-22-2003 by L.L. No. 12-2003]
(b)
Existing arterial or collector highways: a minimum of 100 feet.
(c)
On parcels of five acres or less, the minimum setback for parking lots only shall be reduced to 25 feet.
[Added 2-9-2011 by L.L. No. 4-2011]
(5)
Side setback: a minimum of 30 feet. On parcels of five acres or less, the minimum setback for parking lots only shall be reduced to 25 feet.
[Amended 2-9-2011 by L.L. No. 4-2011]
(6)
Rear setback: a minimum of 50 feet. This rear setback requirement shall be exclusive of and in addition to any required buffer area as required in Subsection I(3) of this section. On parcels of five acres or less, the minimum setback for parking lots only shall be reduced to 25 feet.
[Amended 2-9-2011 by L.L. No. 4-2011]
(8)
The maximum building height shall be 45 feet.
[Amended 11-28-2018 by L.L. No. 1-2018; 4-26-2023 by L.L. No. 4-2023]
K.
Off-street parking and loading requirements. The following standards shall be used as a guide for the provision of off-street parking and loading facilities. The Planning Board may, during site plan review, increase or decrease these standards for specific uses.
(1)
Off-street parking spaces shall be required as provided in the Schedule of Off-Street Parking Requirements in § 300-80.
[Amended 11-28-2018 by L.L. No. 1-2018]
(2)
Off-street loading requirements shall be as follows:
(a)
The Planning Board may require off-street loading spaces at its discretion based on an examination of a proposed facility's usage, likelihood of truck traffic and arrangement of buildings and parking areas.
(b)
Each loading space shall not be less than 14 feet in width, 60 feet in length and 13 1/2 feet in height.
(c)
These requirements apply to each separate occupancy and are exclusive of driveways, aisles and other necessary circulation areas.
(d)
Provisions for off-street loading shall be on those sides of any building which do not face any streets or proposed streets. The Planning Board shall have the discretion of waving this requirement based on the individual circumstances of the lot and structure under review.
§ 300-35 SSSO - Self-Service Storage Overlay District.
[Added 2-26-2014 by L.L. No. 2-2014][1]
A.
Purpose. The purpose of the Self-Service Storage Overlay District is to accommodate self-service storage establishments in convenient and accessible locations which may serve the needs of residents and businesses.
B.
SSSO requirements. Where the Self-Service Storage Overlay District zoning has been established, the requirements of the Self-Service Storage Overlay District shall be met in addition to any requirements specified in the underlying district.
C.
Exemption from SSSO requirements. The requirements of the Self-Service Storage Overlay District shall not apply to those uses which are already permitted in the underlying district.
D.
Rezoning procedure. The process necessary to create a Self-Service Storage Overlay District shall be as follows:
(1)
Concept site plan. Prior to the submission of any application for rezoning by the Town Board, the applicant shall submit a concept site plan, as described below, to the Town Planning Board for its review and recommendation on the rezoning.
(2)
Rezoning application. Any application for rezoning shall be submitted to the Town Board and it shall contain the following information:
(a)
The report of the Town Planning Board resulting from the aforesaid concept site plan and rezoning review.
(b)
The concept site plan. For purposes of this section, a "concept site plan" is a map, drawn to scale, prepared by a licensed engineer or architect, which graphically depicts proposed improvements to the property, including: topographical features, building footprints, structures, travelways, parking, curb cuts, drainage facilities; sanitary sewer lines, water lines, lighting, landscaping, buffering, fencing, and signs. Said concept site plan shall also depict existing improvements and contain all information required by § 300-93B(1) and shall be in accordance with the design and construction standards of the Town of Ogden.
(c)
Proof of ownership of the land proposed for rezoning.
(d)
A description of the property, including a metes and bounds description of the parcel.
(e)
A letter of intent which states the land's present use and its proposed use as a Self-Service Storage Overlay District.
(f)
A completed long form of the environmental assessment form (EAF).
(g)
Two copies of an application to rezone the land. Submit the original application to the Town Clerk and give a copy to the Town Supervisor.
(h)
The procedure for rezoning to be used shall be that set forth in Article 16, § 264, of the New York State Town Law.
(3)
SSSO Rezoning Conditions. All SSSO zoning, prior to being placed on the Town of Ogden Zoning Map, shall be conditioned upon the applicant obtaining:
(a)
The approval of the Town Board creating the Self-Storage Overlay District on the property. Said review shall include a public hearing for rezoning approval in accordance with the provisions of § 264 of the New York State Town Law.
(c)
Conditional use permit approval from the Zoning Board of Appeals. Said review shall include a public hearing for conditional use permit approval in accordance with the provisions of § 274-b of the New York State Town Law.
E.
Permitted underlying district. The permitted underlying districts for consideration of an SSSO rezoning are:
(1)
RA Rural Agricultural District.
(2)
RR Rural Residential District.
(3)
RT Residential Transition District.
(4)
R-1 Single-Family Residential District.
(5)
RB Restricted Business District.
(6)
NC Neighborhood Commercial District.
(7)
GC General Commercial District.
(8)
SC Senior Citizens Housing District.
F.
Permitted principal uses. The following principal uses are permitted in the Self-Service Storage Overlay District:
(1)
Any use permitted in the underlying district.
G.
Permitted accessory uses. The following accessory uses shall be permitted in the Self-Service Storage Overlay District:
(1)
Customary accessory uses and buildings.
I.
Prohibited uses. None of the following uses, or accessory uses, shall be allowed within the Self-Service Storage Overlay District:
(1)
Auctions, commercial, wholesale, or retail sales, or miscellaneous or garage sales. "Auctions" shall not include auctions of property of delinquent occupants as provided for in the provisions of § 182 of the Lien Law of the State of New York.
(2)
Storage or maintenance of radioactive, toxic, or explosive substances.
(3)
The servicing or repair of automotive equipment, tools or machinery and the construction or fabrication of goods or materials, either inside or outside the bounds of an individual storage unit, except where required for the normal maintenance operations of the facility.
(4)
The operation of power tools, spray equipment, compressors and other equipment, except where required for the normal maintenance operations of the facility.
(5)
Exterior storage of vehicles and related items. Parking spaces shall be used only for temporary parking by storage unit owners or lessees. Unenclosed storage of vehicles or related items, including, but not limited to, automobiles, motorcycles, trucks, trailers, vans, recreational vehicles, campers, boats or watercraft, is prohibited, unless the applicant demonstrates to the satisfaction of the Planning Board that such vehicles or related items will not be visible from any off-site location because of existing conditions such as topography or other permanent screening or proposed permanent screening. Notwithstanding the foregoing, nothing in this subsection shall be construed as permitting the unenclosed storage of wrecked, inoperable or dismantled vehicles or parts thereof.
(6)
Exterior storage of personal property. All personal property shall be stored wholly within enclosed buildings, except as permitted under Subsection I(5), Exterior storage of vehicles and related items.
(7)
The establishment of a transfer and storage business.
(8)
Use of the storage unit as living quarters or dwelling.
(9)
Housing of live animals.
J.
Development standards. The following minimum standards shall apply for uses located in the Self-Service Storage Overlay District unless a more restrictive requirement is stated elsewhere in this chapter or is imposed by a condition of approval:
(1)
Circulation and access. If the site is fenced, the site access drive shall have the fence and its gate set back a minimum of 40 feet from the access road.
(2)
Security. Provision shall be made for adequate site security and access control. If the facility is gated, adequate provision shall be made for access by emergency service providers when the facility is closed.
(3)
Fencing. If fencing is provided for access control, in no case shall barbed wire or razor wire fence components be incorporated into the same. Such fence shall not exceed eight feet in height.
(4)
Landscaping and buffering as required by § 300-52. All uses in this district shall set aside not less than 30% of the lot to be devoted to seeding, planting and retention of tree cover or other landscaping. This area shall not be used for any other purpose, including parking or storage of any kind.
(5)
Limits on building length and height.
(6)
Limits on unit size. The maximum size of a storage unit permitted in a self-service storage facility is 600 square feet. In no case shall a single tenant be permitted to rent or lease more than 1,800 square feet in a single, self-service storage facility.
(7)
Lighting height. No lighting source shall be located higher than 15 feet above grade.
(8)
Parking. One parking space shall be provided for every 50 storage units.
§ 300-36 SC Senior Citizens Housing District.
[Added 5-27-1998 by L.L. No. 3-1998]
A.
Intent. The purpose of a senior citizens zoning district is to provide the specialized living quarters for older and retired citizens who wish to live independently or with assistance.
[Added 12-22-2004 by L.L. No. 5-2004; amended 2-13-2008 by L.L. No. 3-2008]
B.
SC Districts. SC Districts are zoned districts created for use by senior citizen housing units. These are unmapped districts which are created by the Ogden Town Board. Each district is created in an area which has preexisting zoning. The newly created senior citizen housing district is drawn on the Official Zoning Map only after it has been created by the Town Board.
(1)
Permitted uses. For land which is zoned SC, the following uses are permitted by right:
(a)
Senior apartments, assisted living or independent care facilities and high-density single-family homes for senior citizen dwellings by persons 55 years or older.
[Amended 8-11-1999 by L.L. No. 11-1999; 2-13-2008 by L.L. No. 3-2008; 1-24-2010 by L.L. No. 2-2010]
(b)
Churches.
[Amended 4-8-2015 by L.L. No. 1-2015]
(c)
Municipal community centers.
(d)
Public buildings.
(e)
Single-family residential dwellings.
(2)
Permitted accessory uses:
(a)
Recreational buildings or structures, subject to approval by the Planning Board.
(b)
Accessory uses or structures which are clearly subordinate to the principal use of the building, located on the same lot and which serve a purpose customarily incidental to the use of the principal building, subject to Planning Board approval.
(4)
The process necessary to create a senior citizens district shall be as follows:
(a)
Rezoning is required. Before any land may be used for the permitted uses in this district, it first must be rezoned to Senior Citizens (SC) Housing District.
(b)
The following information is required:
[1]
Proof of ownership of the land proposed for rezoning.
[2]
A description of the property, including a metes-and-bounds description of the parcel and a map to scale showing topographical features prepared by a licensed engineer or surveyor in accordance with the design and construction standards of the Town of Ogden.
[3]
A letter of intent which states the land's present use and its proposed use as a senior citizens district.
[4]
A sketch map which shows the existing and eventual plans for the property.
[5]
A completed long form of the environmental assessment form (EAF).
[6]
Two copies of an application to rezone the land. Submit the original application to the Town Clerk and give a copy to the Town Supervisor.
(c)
The procedure for rezoning to be used shall be that set forth in Article 16, § 264, of the New York State Town Law.
(d)
Once land is rezoned, the site plan must be reviewed and approved by the Planning Board.
C.
Requirements for allowed uses in a Senior Citizen Housing District.
(1)
Regulations for senior apartments, assisted living, or independent-care facilities (ICF).
[Amended 8-11-1999 by L.L. No. 11-1999; 12-22-2004 by L.L. No. 5-2004; 2-13-2008 by L.L. No. 3-2008]
(a)
Building requirements.
[1]
No senior apartments or independent-care facility shall be over 2 1/2 stories, or 35 feet, in height; nor shall any room having more than four feet of its vertical height below grade be used for living purposes.
[2]
Senior apartments, assisted living, or independent-care facility buildings may contain not more than 70 dwelling units, except where the lot size shall contain a minimum of 4,000 square feet for each living unit, the maximum dwelling units may be 100. Those containing more than eight units shall:
[Amended 11-24-2009 by L.L. No. 6-2009]
[a]
Include elevators, when there is more than a single floor. (NOTE: Where elevators are provided, they shall conform to the New York State Uniform Fire Prevention and Building Codes in effect at the time of construction.)
[3]
All senior apartments, assisted living, or independent-care-facility buildings shall:
[a]
Be limited to studio, single, two-bedroom, and three-bedroom apartments and/or assisted living accommodations as required by New York State licensing directive.
[b]
Construct all common areas of the entire unit to be handicapped accessible.
[c]
Construct a minimum of 10% of the dwelling units to be handicapped accessible. The balance of the dwelling units must be handicapped adaptable. (NOTE: The construction standards for the handicapped accessible and handicapped adaptable are those defined in the American Disability Act Codes and the New York State Building Codes for the physically handicapped in effect at the time the senior apartments or independent-care facility is being constructed. "Handicapped adaptable" shall mean the building shall be easily converted to handicapped accessible with minimal structural alterations, i.e., without alterations to passage widths, doorways or hallways, drywall removal to install blocking for assistance bars.)
[d]
Have fire sprinklers installed. The installation is to conform to the standards set forth in the New York State Fire Codes in effect at the time the senior apartments or independent care-facility is being constructed.
[4]
Each living unit shall provide the following minimum habitable area (NOTE: Areas for the common use of tenants, such as lobbies and corridors, are not to be considered habitable areas):
Apartment Size | Minimum Habitable Area (square feet) |
|---|---|
Studio | 450 |
1-bedroom | 600 |
2-bedroom | 750 |
3-bedroom | 900 |
Assisted-living unit | As required by NYS licensing directive |
[5]
No exterior wall shall exceed 50 feet in length unless there is a lateral offset of at least eight feet in its alignment.
[6]
Each building shall contain an adequate fire/smoke and carbon monoxide warning system so that each living unit will be given warning in the event of fire or smoke. This system shall be installed to the standards set by the New York State Uniform Fire Prevention Codes in effect at the time the building is constructed and shall be reviewed by the Town Fire Marshal. The Town Building Inspector shall monitor, inspect and approve the completed installation.
[7]
Each building shall be protected by a sprinkler system installed according to the standards set forth in the National Fire Protection Association Codes, or their equivalent, in effect at the time of building construction, with the addition of any requirements set forth by the Town. The sprinkler system will be reviewed by the Town Fire Marshal. Its installation will be monitored, inspected, and approved by the Town Building Inspector.
[8]
Every senior apartment, assisted living, or independent-care facility shall be constructed and maintained in compliance with the requirements of the Multiple Residence Law and the New York State Uniform Fire Prevention and Building Code, except where the Town has established more stringent requirements. Then, the more stringent codes will be in effect.
(b)
Site requirements.
[1]
Lot size requirements. Lot area shall contain a minimum of 3,500 square feet for each living unit. However, no such building shall be located on a lot having a depth of less than 250 feet, or a width of less than 280 feet.
[2]
Setback requirements.
[a]
Front: minimum distance as measured from the right-of-way of the public or private street that it is facing:
Type | Setback (feet) |
|---|---|
Dedicated/public through road/street | 100 |
Internal dedicated road/street | 60 |
Private road/street | 40 |
Note: Each building located on a corner lot shall be considered as having two front setbacks, one along each public or private street that it is adjacent to. |
[b]
Side: a minimum of 65 feet from the building to the side property lines of the development. (NOTE: Each building shall be considered to have two side yards, one on each side of the building, except where there are two or more multiple residence buildings on a plot, there shall be a minimum distance between buildings of 30 feet in addition to the sixty-five-foot side yard requirement along the side property lines of the entire plot.)
[c]
Rear: a minimum of 65 feet.
[3]
Parking requirements.
[a]
For each living unit in the building, there shall be provided two parking spaces, except that where the developer can demonstrate that because of the design and projected occupancy of the project there is a need for less parking, the Planning Board shall have the power and authority to adjust such parking requirements downward, fully reciting in any such resolution the justification therefor.
[b]
Ten percent of the required parking shall be designated as visitor's parking.
[c]
Parking areas must be curbed, striped and have direction of travel lanes painted over the blacktop.
[d]
No parking areas shall be located in a front yard or side yard abutting a dedicated public street.
[e]
No parking space shall be constructed within the areas included in the required setbacks.
[f]
No parking or storage space or the erection of garages shall be permitted in the front yard.
[g]
Driveways providing ingress to and/or egress from the parking areas to the public highway, together with suitable space for turning, shall be provided.
[4]
Landscaping and buffers.
[a]
The Planning Board is to have the authority to review and approve landscaping and buffer proposals.
[b]
Where specific landscaping and/or buffer details are not defined, then the standards in effect are those defined under § 300-52 of the Town of Ogden Code.
[c]
There shall be a perimeter screen planting area of not less than 15 feet in width, or a natural vegetation buffer of not less than 25 feet in width around the entire perimeter of the site, excluding access points. These areas are to be densely planted so as to create an opaque screen.
[d]
No landscaping and/or buffering shall be installed so as to cause a hazardous condition by interfering with the normal line of sight needed for safe entering and exiting maneuvers by vehicles.
[e]
The developer is to provide a landscaping and/or buffer plan for review by the Planning Board. Such plan is to show the location and species of plant material and any other landscaping details as determined by the Planning Board.
[f]
Lot areas not required for buildings, structures or parking shall be landscaped with grass, decorative trees and/or shrubs.
[5]
Pedestrian circulation; site lighting. All senior apartment, assisted living, or independent-care-facility developments shall provide safe and efficient pedestrian circulation and site lighting facilities.
[6]
Recreation and assembly areas. There shall be set aside indoor recreation and/or assembly areas for occupants and their guests. These areas may include, but are not limited to sitting areas and group game areas. Such areas shall be shown on the site plan and are subject to Planning Board approval.
[a]
Inside. A minimum of 20 square feet per dwelling unit of indoor recreational/assembly area must be provided. Such areas shall not be used for storage or any such similar purpose and shall be available to all occupants and their guests. The area shall be central to the entire facility and may be either attached to a residential building or be in the form of a multipurpose community building or buildings with rooms sufficient to accommodate indoor recreational facilities, social gatherings, meetings, etc.
[7]
Garbage and refuse. There shall be provided for each building suitable containers for the storage of garbage and refuse. Such containers shall be enclosed in such a manner as to be concealed from public view and inaccessible to children, animals, vermin, etc.
[8]
Sidewalks. Sidewalk location is to be determined at the time of Planning Board review. Sidewalks are to be constructed to satisfy Americans with Disabilities Act requirements and the Town design criteria.
[9]
Public services (NOTE: These services must be either existing or made available before approval of senior apartments, assisted living, or independent-care facilities can be considered):
[10]
On-site support services. Available on-site support services and facilities provided independently by the sponsor of the senior apartments, assisted living, or independent care facility shall include, but are not necessarily limited to:
[a]
Property maintenance and security.
[b]
Community room.
[c]
Laundry facilities.
{NOTE: Where these Subsections C(1)(b)[10][a] through [c] and other on-site support services such as recreational opportunities, optional meals, laundry service, shuttle-type transportation service, etc., are to be considered, details shall be submitted to the Planning Board as to which services will be included, a description of the services and a description of the building and area construction that would show how the proposed services can be adequately and safely provided.}
[d]
Medical and social service office space. This may be provided where the use of services to be rendered is exclusively for the benefit of the residents.
(2)
Regulations for senior townhouses.
[Added 8-11-1999 by L.L. No. 11-1999]
(a)
Building requirements.
[1]
No building or dwelling group shall be over 2 1/2 stories in height, nor shall any room having more than four feet of its vertical height below grade be used for living purposes.
[Amended 12-22-2004 by L.L. No. 5-2004[2]]
[2]
No townhouse shall be constructed, altered or reconstructed unless it shall contain a minimum of 860 square feet of habitable area. No townhouse shall be less than 18 feet in width.
[3]
No more than eight townhouses shall be within each building or dwelling group.
[4]
No townhouse building shall have an exterior wall which continues on the same plane for more than 75 feet without an offset of at least four feet.
[5]
Design and construction shall be such so as to limit each dwelling unit to contain no more than three bedrooms.
[Amended 12-22-2004 by L.L. No. 5-2004]
[6]
Each building shall contain an adequate fire/smoke and carbon monoxide warning system so that each living unit will be given warning in the event of fire or smoke. This system shall be installed to the standards set by the New York State Uniform Fire Prevention Codes in effect at the time the building is constructed and shall be reviewed by the Town Fire Marshal. The Town Building Inspector shall monitor, inspect and approve the completed installation.
[7]
Every senior apartment and independent-care facility shall be constructed and maintained in compliance with the requirements of the Multiple Residence Law and the New York State Uniform Fire Prevention and Building Codes, except where the Town has established more stringent requirements. Then, the more stringent codes will be in effect.
[8]
Every townhouse shall include, in addition to compliance with the New York State Residential Building Code, the following:
[Added 12-22-2004 by L.L. No. 5-2004]
[a]
Site requirements. All projects containing 20 or more proposed units shall include not less than one building dedicated to recreation and assembly. Said building shall include year round availability with sanitary and food preparation areas. Minimum square footage shall be 960 square feet. Increase of 15 square feet additionally per living unit may be required as determined by the Planning Board based on project size. Development of greater than 75 units may require, as determined by the Planning Board, more than one gathering building; however, at least one building shall meet minimum requirements.
[b]
All movable windows shall tip in or pivot to allow cleaning from the interior. Security stops shall be included on double-hung windows so that when operated they can be secured against an intruder entering from the outside.
[c]
All living units shall include at least one ADA approved at-grade access point.
[d]
All living units shall include an exterior 911 emergency alert flashing light.
[e]
All passage doors shall include paddle-type hardware.
[f]
Construct a minimum of 10% of the dwelling units to be handicapped accessible. The balance of the dwelling units must be handicapped adaptable. NOTE: The construction standards for the handicapped accessible and the handicapped adaptable are those defined in the Americans with Disabilities Act Codes and the New York State Building Codes for the physically handicapped in effect at the time the senior townhouse is being constructed. "Handicapped adaptable" shall mean the building shall be easily converted to handicapped accessible with minimal structural alterations, i.e., without alterations to passage widths, doorways or hallways, drywall removal to install blocking for assistance bars.
[9]
All projects of 20 or more living units shall include not less than four exterior siding colors. For each additional 10 living units, not less than one additional siding color shall be added. Color variation shall be distinct. Subtle variations of shade shall not be considered as variety of choice.
[Added 12-22-2004 by L.L. No. 5-2004]
(b)
Site requirements.
[1]
Overall density of a townhouse development shall not exceed eight dwelling units per acre.
[2]
Setback requirements are as follows:
[a]
Front: minimum distance as measured from the right-of-way of the public or private street that it is facing. (NOTE: Each building shall be considered to have two side yards, one on each side of the building, except that in those instances where there are two or more buildings or dwelling groups on a plot, then there shall be a minimum distance between buildings of 60 feet in addition to the sixty-foot side yard requirements along the side property lines of the entire plot.)
[Amended 11-24-2009 by L.L. No. 6-2009]
Type | Setback (feet) |
|---|---|
Dedicated/public through road/street | 60 |
Internal dedicated road/street | 50* |
Private road/street | 40* |
* | Except where all resident parking shall be provided for behind the front setback line, the required front setback distance may be reduced at the Planning Board's discretion by up to 50%. |
[b]
Side: a minimum of 60 feet from the building to the side property lines of the development. (NOTE: Each building shall be considered to have two side yards, one on each side of the building, except that in those instances where there are two or more buildings or dwelling groups on a plot, then there shall be a minimum distance between buildings of 60 feet in addition to the sixty-foot side yard requirement along the side property lines of the entire plot.)
[c]
Between buildings or dwellings groups: The distance between buildings shall be no less than 60 feet.
[d]
Rear: A setback of at least 60 feet from any other townhouse structure or from any external boundary line of the proposed development is required for each townhouse.
(c)
Building coverage.
[1]
No more than 60% of the gross acreage of a townhouse development shall be occupied by townhouses, other structures, paved areas and all other impervious surfaces.
[2]
No more than 30% of the gross acreage as shown on the site plan for townhouses shall be occupied by the townhouses themselves or accessory structures.
(d)
Parking requirements.
[1]
Automobile storage or parking space. For each townhouse unit, there shall be provided at least two parking spaces.
[2]
An additional 10% of the required parking shall be designated as visitor's parking.
[3]
Parking areas must be curbed, striped and have direction of travel lanes painted over the blacktop.
[4]
No parking areas shall be located in a front yard or side yard abutting a dedicated public street.
[5]
No parking space shall be constructed within the areas included in the required setbacks.
[6]
No parking or storage space or the erection of garages shall be permitted in the front yard.
[7]
Driveways providing ingress to and/or egress from the parking areas to the public highway, together with suitable space for turning, shall be provided.
(e)
Landscaping and buffers.
[1]
The Planning Board is to have the authority to review and approve landscaping and buffer proposals.
[2]
Where specific landscaping and/or buffer details are not defined, then the standards in effect are those defined under § 300-52 of the Town of Ogden Code.
[3]
There shall be a perimeter screen planting area of not less than 15 feet in width, or a natural vegetation buffer of not less than 25 feet in width, around the entire perimeter of the site, excluding access points. These areas are to be densely planted so as to create an opaque screen.
[4]
No landscaping and/or buffering shall be installed so as to cause a hazardous condition by interfering with the normal line of sight needed for safe entering and exiting maneuvers by vehicles.
[5]
The developer is to provide a landscaping and/or buffer plan for review by the Planning Board. Such plan is to show the location and species of plant material and any other landscaping details as determined by the Planning Board.
[6]
Lot areas not required for buildings, structures or parking shall be landscaped with grass, decorative trees and/or shrubs.
(f)
Pedestrian circulation. All senior townhouse developments shall provide safe and efficient pedestrian circulation and site lighting facilities, subject to the requirements of Article IX of this chapter.
(g)
Garbage and refuse. There shall be provided for each building suitable containers for the storage of garbage and refuse. Such containers shall be enclosed in such a manner as to be concealed from public view and inaccessible to children, animals, vermin, etc.
(h)
Sidewalks. Sidewalk need and location is to be determined at the time of Planning Board review. Sidewalks are to be constructed to satisfy Americans with Disabilities Act requirements and the Town design criteria.
(i)
Public services (NOTE: These services must be either existing or made available before approval of a senior townhouse can be considered):
(3)
Regulations for high-density single-family homes (RHD High-Density Single-Family Residential District):
(a)
Intent. In addition to the general purposes of this chapter, it is the intent of the High-Density Single-Family Residential District to provide housing choices which, while suited for independent ownership, have fewer maintenance requirements than homes on larger lots. These units would be handicapped accessible or handicapped adaptable. The Town does not desire the large-scale development of these units to the extent that large areas of the Town become so devoted to such use that more conventional R-1 uses would appear out of place.
(c)
Regulations for single-family homes in the RHD District.
[1]
Building requirements.
[a]
Basements. Where full basements are not provided, there shall be a crawl space with a minimum of 48 inches between the first floor and the floor of the crawl space.
[d]
At least 75% of the units shall be single-story homes.
[Amended 12-22-2004 by L.L. No. 5-2004]
[e]
Design and construction shall be such so as to limit each dwelling to contain no more than three bedrooms.
[Amended 12-22-2004 by L.L. No. 5-2004]
[2]
Site requirements.
[a]
Minimum project size: 20 acres. Where the applicant can demonstrate that the applicant's holdings will meet the objectives of this district, the Planning Board may consider sites with less acreage.
[b]
Minimum lot area: 10,500 square feet.
[Amended 12-22-2004 by L.L. No. 5-2004]
[c]
Minimum width: 75 feet. In the RHD District only, the minimum width shall be measured at the front setback line.
[Amended 12-22-2004 by L.L. No. 5-2004]
[d]
Minimum depth: 140 feet.
[Amended 12-22-2004 by L.L. No. 5-2004]
[f]
Building coverage. The maximum lot coverage by buildings on a single lot in the RHD district shall be 30%.
[g]
Parking. At a minimum, there shall be an attached, enclosed one-car garage for each unit. In addition, there shall be sufficient parking space for not fewer than two full-size automobiles.
[h]
Sidewalks shall be provided on at least one side of the road. Sidewalks shall be maintained as part of the homeowners' association or by the landlord in the case of units designed as rentals. Sidewalks are to be constructed to satisfy the Americans with Disabilities Act and the Town design criteria standards in effect at the time of construction. Liability and maintenance shall be the responsibility of the homeowners' association or the landlord in the case of rental units.
[Amended 12-22-2004 by L.L. No. 5-2004]
[i]
Lighting. All RHD subdivisions shall have suitable streetlighting designed to provide residents good visibility at night.
[j]
Landscaping. The developer shall provide a landscaping plan which, at a minimum, shall provide for at least two trees on each lot. The trees shall be at least 2 1/2 inches in diameter, five feet above the ground. The type of the trees shall be determined by the Planning Board, with the advice of the Conservation Board, taking into consideration the soil, placement and anticipated growth rate. Specific definition as to varieties of required plantings for buffering needed shall be constructed in accordance with § 300-52 of this chapter.
[Amended 12-22-2004 by L.L. No. 5-2004; 9-14-2005 by L.L. No. 6-2005]
[k]
Drainage. All drainage from buildings, driveways and yards shall be piped underground to a storm sewer system.
[l]
Buffer area. There shall be a buffer area of at least 40 feet between the area zoned for high-density residential and any other zoning district. The Planning Board may, in its discretion, when warranted by the particular plan of development, reduce the required size of the buffer area by not more than 50%. The buffer area shall be constructed in accordance with § 300-52 of this chapter.
[m]
Every RHD shall include, in addition to compliance with the New York State residential Building Code, the following:
[Added 12-22-2004 by L.L. No. 5-2004]
[i]
Site requirements. All projects containing 20 or more proposed units shall include not less than one building dedicated to recreation and assembly. Said building shall include year-round availability with sanitary and food preparation areas. Minimum square footage shall be 960 square feet. An increase of 15 square feet per living unit may be required, as determined by the Planning Board, based on project size. Development of greater than 75 units may require, as determined by the Planning Board, more than one gathering building; however, at least one building shall meet minimum requirements.
[ii]
All movable windows shall tip in or pivot to allow cleaning from the interior. Security stops shall be included on double-hung windows so that when operated they can be secured against an intruder entering from the outside.
[iii]
All living units shall include at least one ADA-approved at-grade access point.
[iv]
All living units shall include an exterior 911 emergency alert flashing light.
[v]
All passage doors shall include paddle-type hardware.
[vi]
Construct a minimum of 10% of the dwelling units to be handicapped accessible. The balance of the dwelling units must be handicapped adaptable. (NOTE: The construction standards for the handicapped accessible and the handicapped adaptable are those defined in the Americans with Disabilities Act Codes and the New York State Building Codes for the physically handicapped in effect at the time the living unit is being constructed. "Handicapped adaptable" shall mean the building shall be easily converted to handicapped accessible with minimal structural alterations, i.e., without alterations to passage widths, doorways or hallways, drywall removal to install blocking for assistance bars.)
[3]
Other requirements.
[a]
Exterior maintenance. The exterior of the homes, including the yards, drainage facilities, sidewalks, siding and roofs shall be maintained by a homeowners' association. In the case of units designed as rental units, the Planning Board may, after review of the maintenance plan and schedule presented by the developer, waive the requirement for a homeowners' association. In the case of units designed as rental units, the Planning Board shall require that the exterior maintenance be performed by the owner in accordance with the standards and provisions of Chapter 207 of the Code of the Town of Ogden, as enacted from time to time.[5] All homeowners' association agreements shall be reviewed and approved by the Planning Board Attorney.
[Amended 12-22-2004 by L.L. No. 5-2004]
[b]
Care shall be taken that a variety of exteriors be projected. The Planning Board shall require that the developer submit a plan, acceptable to the Planning Board, showing a variety of exterior appearances.
§ 300-37 Sanitary Sewer Overlay District (SSOD).
[Added 9-13-2006 by L.L. No. 6-2006]
A.
Purpose. The Sanitary Sewer Overlay District is established for the following purposes:
(1)
To identify those areas within the Town of Ogden not presently serviced by existing sanitary sewer services.
(2)
To establish a method and procedure for the collection of sanitary sewer connection fees within the overlay district.
(3)
To establish a sanitary sewer overlay district fund for the purposes of identifying, prioritizing and correcting infiltration and exfiltration within existing sanitary sewer districts within the Town of Ogden.
(4)
Through the establishment and implementation of the overlay district to further enhance and protect the public health and safety within existing and future sanitary sewer districts within the Town.
B.
Delineation of district boundaries. The boundaries of the Sanitary Sewer Overlay shall include all lands within the Town of Ogden, excluding specifically all lands lying within the boundaries of the Village of Spencerport and further excluding all land presently within the boundaries of the Gates-Chili-Ogden Sewer District, as such municipal and district boundaries are presently established.
C.
Development within overlay district. All development otherwise permitted in any underlying zone will be further regulated in accordance with the provisions of this section.
(1)
At the time of the issuance of a building permit for any development in any underlying zone, there shall be collected, in addition to any and all other fees or charges due, a Sanitary Sewer Overlay District fee for each sanitary sewer district unit being constructed or developed pursuant to the terms of the building permit so issued.
(2)
The Sanitary Sewer Overlay District fee to be collected and paid shall be in accordance with the fee schedule of the Town of Ogden adopted by the Town Board annually each year as amended from year to year.
D.
Administration of Sanitary Sewer Overlay District fees. It shall be the responsibility of the Superintendent of Public Works of the Town of Ogden to administer the Sanitary Sewer Overlay District funds collected pursuant to the terms of this section. The Superintendent shall:
(1)
Identify areas within existing sanitary sewer districts within the Town of Ogden that are in need of maintenance and/or repair so as to alleviate and eliminate infiltration and exfiltration within such sanitary sewer district facilities.
(2)
Establish annually a budget and order of priority for implementing work necessary to alleviate or eliminate such infiltration and exfiltration within the existing sanitary sewer districts so identified.
(3)
Annually prepare or cause to be prepared a report or summary establishing the results of the work and efforts to reduce existing infiltration and exfiltration within such existing sanitary sewer districts.
§ 300-38 SESO Solar Energy Systems Overlay District.
[Added 2-22-2017 by L.L. No. 2-2017]
A.
Purpose. The purpose of the Solar Energy Systems Overlay District is to accommodate solar energy systems in appropriate locations within the Town to facilitate the development of solar energy.
B. BUILDING-INTEGRATED SOLAR ENERGY SYSTEM GROUND-MOUNTED SOLAR ENERGY SYSTEM LARGE-SCALE SOLAR ENERGY SYSTEM ROOF-MOUNTED SOLAR ENERGY SYSTEM SOLAR ENERGY SYSTEM
Definitions. As used in this section, the following terms shall have the meanings indicated:
A combination of photovoltaic building components integrated into any building envelope system such as vertical facades, including glass and other facade material, semitransparent skylight systems, roofing materials, and shading over windows.
A solar energy system that is anchored to the ground and attached to a pole or other mounting system, detached from any other structure for the primary purpose of producing electricity for on-site consumption.
A solar energy system that is ground-mounted and produces energy primarily for the purpose of off-site sale or consumption.
A solar panel system located on the roof of any legally permitted building or structure for the primary purpose of producing electricity for on-site consumption.
An arrangement or combination of solar equipment designed to provide electrical energy by the collection of solar energy and its conversion, storage, protection and distributions; a solar photovoltaic facility ("PV facility").
C.
SESO requirements. Where the Solar Energy Systems Overlay District zoning has been established, the requirements of the Solar Energy Systems Overlay District shall be met in addition to any requirements specified in the underlying district.
D.
Exemption from SESO requirements. The requirements of the Solar Energy Systems Overlay District shall not apply to those uses which are already permitted in the underlying district nor to the following:
(1)
Roof-mounted and building-integrated solar energy systems are permitted in all zoning districts in the Town when attached to any lawfully permitted building or structure. Building permits shall be required for installation of roof-mounted and building-integrated mounted solar energy systems.
(2)
Ground-mounted SES are permitted as accessory structures in all zoning districts of the Town, subject to all requirements applicable to accessory structures in such zoning district. Building permits shall be required.
(3)
SES and other facilities shall be designed and located in order to prevent reflective glare toward any inhabited buildings on adjacent properties and roads.
(4)
Where site plan approval is required elsewhere in the regulations of the Town for a development or activity, the site plan review shall include review of the adequacy, location, arrangement, size, design, and general site compatibility of proposed solar collectors.
(5)
All SES installations must be performed in accordance with applicable electrical and building codes, the manufacturer's installation instructions, and industry standards, and, prior to operation, the electrical connections must be inspected by the Town Code Enforcement Officer or by an appropriate electrical inspection person or agency, as determined by the Town. In addition, any connection to the public utility grid must be inspected by the appropriate public utility.
(6)
When solar storage batteries are included as part of the SES, they must be placed in a secure container or enclosure meeting the requirements of the New York State Building Code when in use and when no longer used shall be disposed of in accordance with the laws and regulations of Monroe County and other applicable laws and regulations.
(7)
If a SES ceases to perform its originally intended function for more than 12 consecutive months, the property owner shall remove the SES, mount and associated equipment and facilities no later than 90 days after the end of the twelve-month period.
E.
Rezoning procedure. The process necessary to create a Solar Energy Systems Overlay District shall be as follows:
(1)
Concept site plan. Prior to the submission of any application for rezoning by the Town Board, the applicant shall submit a concept site plan, as described below, to the Town Planning Board for its review and recommendation on the rezoning.
(2)
Rezoning application. Any application for rezoning shall be submitted to the Town Board and it shall contain the following information:
(a)
The report of the Town Planning Board resulting from the aforesaid concept site plan and rezoning review.
(b)
The concept site plan. For purposes of this section, a "concept site plan" is a map, drawn to scale, prepared by a licensed engineer or architect, which graphically depicts proposed improvements to the property, including: topographical features, system footprints, travelways, access locations, drainage facilities, lighting, landscaping, buffering, fencing, and signs. Said concept site plan shall also depict existing improvements and contain all information required by § 300-93B(1) and shall be in accordance with the design and construction standards of the Town of Ogden.
(c)
Proof of ownership of the land proposed for rezoning.
(d)
A description of the property, including a metes and bounds description of the parcel.
(e)
A letter of intent which states the land's present use and the type of solar energy system proposed for the land.
(f)
A completed long form of the environmental assessment form (EAF).
(g)
A statement as to the present underlying zoning district and proposed zoning as a Solar Energy Systems Overlay District.
(h)
Present land use and proposed future land use.
(i)
Two copies of an application to rezone the land. Submit the original application to the Town Clerk and give a copy to the Town Supervisor.
(j)
The procedure for rezoning to be used shall be that set forth in Article 16, § 264, of the New York State Town Law.
(3)
SESO rezoning conditions. All SESO zoning, prior to being placed on the Town of Ogden Zoning Map, shall be conditioned upon the applicant obtaining:
(a)
The approval of the Town Board creating the Solar Energy Systems Overlay District on the property. Said review shall include a public hearing for rezoning approval in accordance with the provisions of § 264 of the New York State Town Law.
(c)
Conditional use permit approval from the Zoning Board of Appeals. Said review shall include a public hearing for conditional use permit approval in accordance with the provisions of § 274-b of the New York State Town Law.
F.
Permitted underlying district. Any zoning district of the Town where SES are not a permitted use are eligible for consideration for SESO rezoning.
G.
Permitted principal uses. The following principal uses are permitted in the Solar Energy Systems Overlay District:
(1)
Any use permitted in the underlying district.
H.
Permitted accessory uses. The following accessory uses shall be permitted in the Solar Energy Systems Overlay District:
(1)
Customary accessory uses and buildings.
J.
Prohibited uses. None of the following uses, or accessory uses, shall be allowed within the Solar Energy Systems Overlay District:
(1)
Any other use not specifically authorized pursuant to the provisions of this chapter or the provisions of the underlying district.
K.
Development standards. The following minimum standards shall apply for uses located in the Solar Energy Systems Overlay District, unless a more restrictive requirement is stated elsewhere in this chapter, or is imposed by a condition of approval:
(1)
A large-scale SES shall be constructed pursuant to a site plan approval from the Town Planning Board and must meet the criteria set forth below and obtain all other necessary approvals.
(2)
Solar energy systems shall not be constructed in the following areas of potential sensitivity:[2]
[Amended 11-28-2018 by L.L. No. 1-2018]
(3)
A large-scale SES may be permitted in all zoning districts in the Town when authorized by site plan approval from the Planning Board subject to the following terms and condition:
(4)
Design standards.
(a)
Removal of trees and other existing vegetation should be minimized or offset with planting elsewhere on the property.
(b)
Roadways within the site shall not be constructed of impervious materials and shall be designed to minimize the extent of roadways constructed and soil compaction.
(c)
All on-site utility and transmission lines shall, to the extent feasible, be placed underground.
(d)
SES and other facilities shall be designed and located in order to prevent reflective glare toward any inhabited buildings on adjacent properties and roads.
(e)
All mechanical equipment, including any structure for batteries or storage cells, shall be enclosed by an eight-foot-high fence with a self-locking gate and provided with landscape screening. The fence shall be an eight-foot-high galvanized steel chain link fence, consisting of two-inch mesh and nine-gauge chain link fabric. The chain link fabric shall be green vinyl clad. The chain link fabric shall be woven with green garland embedded slats such as hedge link, or similar, to further camouflage the site and make it blend into the landscape.
[Amended 2-12-2020 by L.L. No. 1-2020]
(f)
A solar energy system to be connected to the utility grid shall provide a "proof of concept" letter from the utility company acknowledging the SES will be connected to the utility grid in order to sell electricity to the public utility.
(6)
Abandonment.
(a)
All applications for a solar energy system shall be accompanied by a decommissioning plan to be implemented upon abandonment, or cessation of activity, or in conjunction with removal of the facility, prior to issuance of a building permit.
(b)
If the applicant begins but does not complete construction of the project within 18 months after receiving final site plan approval, this may be deemed abandonment of the project and require implementation of the decommissioning plan to the extent applicable.
(c)
The decommissioning plan must ensure the site will be restored to a useful, nonhazardous condition without delay, including, but not limited to, the following:
(d)
The plan shall include a time frame for the completion of site restoration work.
(e)
In the event the facility is not completed and functioning within 18 months of the issuance of the final site plan approval, the Town may notify the operator and/or the owner to complete construction and installation of the facility within 180 days. If the owner and/or operator fails to perform, the Town may notify the owner and/or operator to implement the decommissioning plan. The decommissioning plan must be completed within 180 days of notification by the Town.
(f)
Upon cessation of activity of a constructed facility for a period of one year, the Town may notify the owner and/or operator of the facility to implement the decommissioning plan. Within 180 days of notice being served, the owner and/or operator can either restore operation equal to 80% of approved capacity or implement the decommissioning plan.
(g)
If the owner and/or operator fails to fully implement the decommissioning plan within the one-hundred-eighty-day time period, the Town may, at its discretion, provide for the restoration of the site in accordance with the decommissioning plan and may recover all expenses incurred for such activities from the defaulted owner and/or operator. The cost incurred by the Town shall be assessed against the property, shall become a lien and tax upon the property, and shall be enforced and collected with interest by the same officer and in the same manner as other taxes.
(7)
Decommission deposit required. All applications for a solar energy systems facility shall be accompanied by a decommissioning plan to be implemented upon abandonment, or cessation of activity, or in conjunction with removal of the solar energy production facility or structure. Prior to issuance of a building permit, the owner or operator of the facility or structure shall post a cash deposit in the face amount of not less than 150% of the estimated cost to ensure removal of the facility or structure in accordance with the decommissioning plan. The amount of the cash deposit must be reviewed and approved by the Town Engineer, and must remain in effect until the system is removed. Prior to removal of a solar energy production facility or structure, a demolition permit for removal activities shall be obtained from the Town.
(8)
Enforcement. Any violation of this section shall be subject to the same civil and criminal penalties provided for in the zoning regulations of the Town of Ogden.