Pendleton Town City Zoning Code
ARTICLE IV
District Regulations
§ 247-8 Minimum regulations; applicability; interpretation of permitted uses.
[Amended 6-13-2022 by L.L. No. 2-2022]
Minimum regulations; applicability. Unless otherwise noted, the regulations set by this chapter within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land. No building, structure or land shall hereafter be used and no building, structure or part thereof shall be erected, moved or altered unless for a use expressly permitted by and in conformity with the regulations herein specified.
Interpretation of permitted uses. When a use is not specifically listed as a use by right or special permit use within any zoning district, it shall be assumed to be a prohibited use unless it is determined in a written decision by the Zoning Board of Appeals, pursuant to its interpretation authority (See § 247-74, Zoning Board of Appeals.), that said use is similar to permitted uses and not inherently a nuisance, menace or danger to the health, safety or welfare of the residents of the Town.
§ 247-9 FP District: Floodplain.
The requirements and regulations under the Floodplain District shall conform to Chapter 135, Flood Damage Prevention.
[Added 7-7-1992]
The FP District is subdivided into two categories (FWA Floodway Area and FFA Floodway Fringe Area). The boundaries for the FP District are the same as the boundaries for the Flood Hazard Boundary Maps originating from the Federal Insurance Administration (FIA). This area may be further refined to include both the Floodway and the Floodway Fringe District as defined and delineated by the FIA. The following controls shall apply:
FWA Floodway Area.
Uses permitted by right:
Orchards.
Off-street parking areas.
Open recreational uses, including parks, playgrounds, golf courses, picnic groves, beaches and boat launching areas.
Unlimited and limited agriculture (excluding any structures).
Wildlife sanctuaries, woodland preserves, scenic sites and arboretums.
Prohibited uses:
Landfills of any type.
Storage of materials or equipment.
Any other use that would unduly affect the efficiency or capacity of the floodway or unduly increase flood heights or cause increased velocities or obstructions or catch and collect debris which would obstruct flow under flood conditions.
Existing nonconforming uses. No existing nonconforming use in the Floodway Area shall be expanded; however, the use way be modified, altered or repaired to incorporate floodproofing measures (provided that such measures do not raise the level of the one-hundred-year flood).[1]
[1]
Editor's Note: Former Section 401A4, which immediately followed this subsection and dealt with minimum lot size and permanent structures, was repealed 7-7-1992.
FFA Floodway Fringe Area.
Uses permitted by right:
Facilities for raising insects.
Flood retention dams, dikes, culverts and bridges as approved by the State of New York.
Nurseries, orchards and greenhouses.
Open storage if contiguous to an industrial district.
Outdoor recreation uses, including tennis courts, parks, a campsite, picnic groves, golf courses and swimming, fishing and boating facilities.
Private stables subject to the following restrictions:
No stable shall be less than 250 feet from the street line and less than 100 feet from the side and rear lot lines.
No storage of manure or odor-producing substance shall be permitted within 250 feet from the street line and 100 feet from the side and rear lot lines.
Unlimited and limited agriculture.
Wildlife sanctuaries, woodland preserves and arboretums.
Essential services.
Single-family residences.
[Amended 7-7-1992]
Accessory uses.
Dimensional requirements.
The minimum horizontal setback for all structures shall be 75 feet from the top of the slope of any watercourse. The minimum setback for all structures shall be 60 feet from the road right-of-way line.
Where public sewerage is not available (and sewage disposal is required), no lot shall be built upon which has insufficient space or conditions for a private sanitary waste disposal system. Water supply systems and/or sanitary disposal systems shall be designed to eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters.
New construction or substantial improvements of habitable structures shall have the lowest floor (including basement) elevated to or above the level of the one-hundred-year flood. All utility and sanitary facilities shall be floodproofed up to the level of the one-hundred-year flood.
All structures to be used for human occupancy must be located on the building site so as to offer the minimum obstruction to the flow of floodwaters (i.e., longitudinal axis parallel to the direction of flood flow). All structures (including prefabricated and mobile homes) must be designed (or modified) to be firmly anchored to prevent flotation, collapse or lateral movement.
All utilities (water, sewer, gas and electrical systems) shall be located and constructed to minimize or eliminate flood damage. All access roads to structures shall be graded to an elevation above the one-hundred-year flood. Restrictions of bridge openings or other narrowing of streams or rivers shall be constructed at or above the flood protection elevation of the one-hundred-year flood.[2]
[2]
Editor's Note: Former Section 401B3, Bulk and area regulations, which immediately followed this subsection, was repealed 7-7-1992.
§ 247-10 R1 District: Low-Density Residential.
[Amended 12-1-1992; 8-24-1993; 6-4-1996 by L.L. No. 1-1996; 8-21-2001; 2-4-2003; 12-2-2003; 7-5-2005; 8-2-2005; 4-4-2006; 6-3-2008; 9-28-2020; 6-13-2022 by L.L. No. 2-2022]
Uses permitted by right:
Farms, limited agriculture, and unlimited agriculture (excluding public stables).
Single-family detached residences limited to one residence per building lot (excluding mobile homes and mobile home parks).
Private stables in conjunction with principle residences subject to the following restrictions:
No stable shall be less than 250 feet from the street line and less than 100 feet from the side and rear lot lines.
No storage of manure or odor-producing substance shall be permitted within 250 feet from the street line and 100 feet from the side and rear lot lines.
Uses permitted by special use permit:
Cellular telecommunication facilities. See § 247-70, Cellular telecommunication facilities, for procedures and restrictions.
Minimum size requirements:
Single-family detached residence with sewers: 31, 250 square feet with a minimum width of 125 feet and a minimum depth of 250 feet.
Single-family detached residence without sewers: one acre with a minimum width of 125 feet and a minimum depth of 250 feet.
Wetlands, wetland buffer areas, ponds (both retention and detention), and easement areas are excluded in calculating minimum square foot, lot width, and lot depth requirements.
Lot width measurement: 125 feet measured from side lot line to side lot line following the street line and 125 feet measured using the shortest distance from side lot line to side lot line at the minimum front yard setback line.
Minimum and maximum front yard setbacks:
Minimum front yard setback of 75 feet for main structures, 100 feet for detached private garages. See § 247-34 for accessory structures.
Exception for minimum front yard setback. Where the front setbacks have been previously established by existing structures, the required minimum front yard setback shall be determined by averaging the front setback for all principal structures located within 400 feet from either side of the property.
Maximum front yard setback of 250 feet for main structures.
Minimum side yard setback: 15 feet for residence and private garages. See § 247-34 for accessory structures.
Driveway minimum side yard setback.
A minimum side yard setback of five feet is required for all driveways. The minimum side yard setback for driveways is measured from the edge of the driveway to the nearest property line.
A drawing depicting the location, width, and distance to the nearest property line must be presented to the Code Enforcement Officer/Building Inspector prior to issuance of a building permit or curb cut permit.
Minimum rear yard setback: 50 feet for main structure and 15 feet for a detached private garage. See § 247-34 for accessory structures.
Maximum size of detached or attached private garage shall be no more than 50% of the floor area of the primary structure, not to exceed 1,200 square feet. Only one private garage is allowed per lot.
Structures used in customary farming.
Customary farm and/or agricultural buildings on lots (parcels) of seven acres and over may be allowed for customary farming and/or agriculture use.
Commercial vehicles, other than pickup trucks, weighing in excess of 10,000 pounds gross vehicle weight rating (GVWR) shall not be parked on a residentially zoned lot of less than 1 1/2 acres.
§ 247-11 R2 District: Medium-Density Residential.
[Amended 12-1-1992; 8-24-1993; 8-24-1994; 6-4-1996 by L.L. No. 1-1996; 9-3-1996; 8-21-2001; 2-4-2003; 12-2003; 7-5-2005; 8-2-2005; 4-4-2006; 6-3-2008; 9-28-2020; 6-13-2022 by L.L. No. 2-2022]
Uses permitted by right:
Single-family detached residences or one two-family residence on one building lot (excluding mobile homes and mobile home parks).
Farms, limited agriculture, and unlimited agriculture (excluding public stables).
Private stables in conjunction with principle residences subject to the following restrictions:
No stable shall be less than 250 feet from the street line and less than 100 feet from the side and rear lot lines.
No storage of manure or odor-producing substance shall be permitted within 250 feet from the street line and 100 feet from the side and rear lot lines.
Uses permitted by special use permit:
Cellular telecommunications facilities. See § 247-70, Cellular telecommunications facilities, for procedures and restrictions.
Residential wind energy conversion systems (RWECS). See § 247-71, Residential wind energy conversion systems, for procedures and restrictions.
Two-family and multifamily residences. See § 247-43, Multifamily residences in residential districts, for procedures and restrictions.
Minimum lot size requirements:
Single-family detached residence with sewers: 25,000 square feet with a minimum width of 100 feet and a minimum depth of 250 feet.
Single-family detached residence without sewers: one acre with a minimum width of 100 feet and a minimum depth of 250 feet.
Two-family residence/duplex with sewer: 50,000 square feet with a minimum width of 200 feet and minimum depth of 250 feet.
Two-family residence/duplex without sewer: two acres with a minimum width of 200 feet and a minimum depth of 250 feet.
Wetlands, wetland buffer areas, ponds (both retention and detention), and easement areas are excluded in calculating minimum square foot, lot width, and lot depth requirements.
Lot width measurement: 100 feet measured from side lot line to side lot line following the street line and 100 feet measured using the shortest distance from side lot line to side lot line at the minimum front yard setback line.
Minimum and maximum front yard setbacks:
Minimum front yard setback of 60 feet for main structures, 100 feet for detached private garages. See § 247-34 for accessory structures.
Exception for minimum front yard setback. Where the front setbacks have been previously established by existing structures, the required minimum front yard setback shall be determined by averaging the front setback for all principal structures located within 400 feet from either side of the property.
Maximum front yard setback of 250 feet for main structures.
Minimum side yard setback: 15 feet for residence and private garages. See § 247-34 for accessory structures.
Driveway minimum side yard setback.
A minimum side yard setback of five feet is required for all driveways. The minimum side yard setback for driveways is measured from the edge of the driveway to the nearest property line.
A drawing depicting the location, width, and distance to the nearest property line must be presented to the Code Enforcement Officer/Building Inspector prior to issuance of a building permit or curb cut permit.
Minimum rear yard setback: 50 feet for main structure and 15 feet for a detached private garage. See § 247-34 for accessory structures.
Maximum size of detached or attached private garage shall be no more than 50% of the floor area of the primary structure, not to exceed 1,200 square feet. Only one private garage is allowed per lot.
Structures used in customary farming. Customary farm and/or agricultural buildings on lots (parcels) of seven acres and over may be allowed for customary farming and/or agriculture use.
Commercial vehicles, other than pickup trucks, weighing in excess of 10,000 pounds gross vehicle weight rating (GVWR) shall not be parked on a residentially zoned lot of less than 1 1/2 acres.
§ 247-12 CO1 District: Light Commercial.
[Amended 8-24-1994; 6-3-2008; 5-3-2011; 2-23-2015; 9-28-2020; 6-13-2022 by L.L. No. 2-2022]
No new single- or two-family/duplex residential construction shall be allowed in any commercial districts.
New construction and any modification, alteration, or addition to an existing structure shall be subject to site plan review by the Planning Board pursuant to § 247-54 before any building permit is issued.
Uses permitted by right:
Farms, limited agriculture and unlimited agriculture.
Antique and art shops.
Baker, confectionery, and ice cream shops, including the baking and processing of food products when prepared for retail use on premises only.
Banks and financial institutions, including tax preparation.
Barbershops, beauty shops, and salons.
Beverage stores, including the sale of beer and liquor.
Catalog stores.
Clubs, lodges, or meeting halls.
Doctor offices and small medical buildings.
Eating and drinking establishments.
Florist shops.
Funeral homes.
Gift and novelty shops.
Small grocery stores, excluding big box stores.
Hardware, paint, glass, and wallpaper stores.
Laundries, launderettes, and cleaning and pressing establishments.
Newsstands.
Nurseries, greenhouses, and garden supplies.
Offices.
Pet stores.
Personal services.
Pharmacies.
Photography studios.
Places of instruction for music, dancing, reading, languages, and similar subjects.
Rental stores (all rental items must be located inside the store).
Repair services of household items.
Retail sales and service establishments not more objectionable by reason of noise, fumes, vibration, or lights than any permitted use listed herein.
Self-service gas stations and related small retail businesses normally found therein.
Small retail stores selling convenience goods, including food products, hardware, newspapers, magazines, drugs, variety items, apparel, beer, and liquor, excluding big box stores.
Essential services.
Allowable by special use permit:
Small retail business/businesses in conjunction with small contractor shops. See § 247-42, Small retail business/businesses in conjunction with small contractor shops.
Minimum lot area: 50,000 square feet.
Minimum lot width: 200 feet.
Maximum lot coverage by buildings: 45%.
Minimum rear yard setback: 50 feet.
Maximum building height: 35 feet.
§ 247-13 CO2 District: Medium Commercial.
[Added 8-24-1994; amended4-5-2005; 6-8-2015; 12-11-2017; 6-13-2022 by L.L. No. 2-2022]
No new single- or two-family/duplex residential construction shall be allowed in any commercial district.
New construction and any modification, alteration or addition to an existing structure shall be subject to site plan review by the Planning Board (pursuant to § 247-54) before any building permit is issued.
Uses permitted by right:
Agricultural implement sales and service.
Automobile sales and related sales or service facilities.
Building materials and retail sales.
Department and variety stores.
Feed and seed stores.
Food stores and food lockers.
Furniture and appliance sales and service, but not including assembly or manufacture.
Hotels and motels.
Indoor recreation, including bowling alleys, pool halls, dance halls, and amusement centers.
Mobile home and trailer sales and service.
Monument sales.
Plumbing, heating and roofing supply retail sales.
Rental store (both small and large equipment).
Theaters.
Veterinary centers.
Storage facilities.
Uses permitted by special use permit:
Minimum lot area: 50,000 square feet.
Minimum lot width: 200 feet.
Maximum lot coverage by building: 45%.
Minimum rear yard setback: 50 feet.
Maximum building height: 35 feet.
§ 247-14 LI District: Light Industrial.
[Amended 8-24-1994; 4-5-2005; 6-3-2008; 5-3-2011; 2-23-2015; 6-13-2022 by L.L. No. 2-2022]
No new residential construction (including single-family, two-family/duplex, and multifamily) shall be allowed in any Light Industrial Zoning District.
All new construction and any modification, alteration or addition to an existing structure shall be subject to site plan review by the Planning Board (pursuant to § 247-54) before any building permit is issued.
Uses permitted by right:
Farms, limited agriculture and unlimited agriculture.
Animal shelters and facilities for raising insects and birds.
Automobile painting, upholstering, motor and body work.
Bottling works.
Building materials sales yard.
Building contractor shops.
Carpenter and cabinet maker.
Electronic and small parts assembly and/or manufacture.
Laboratories and research facilities.
Locksmiths.
Machine shops.
Manufacture, compounding, processing or treatment of such products as bakery goods, confectionaries, cosmetics, dairy products, drugs, ice, perfumes, pharmaceuticals, toiletries and food products (except the following: fish, sauerkraut, pickles, vinegar, yeast and the rendering of oils and fats).
Manufacture, fabrication, compounding, assembling, treatment and processing of articles of merchandise from the following previously prepared materials: cellophane, ceramics, cloth, film, fiber, glass, leather, paper and paper board, plastic, precious textiles, yarn or paint or wood.
Metalsmiths.
Repair shop.
Wholesale businesses.
Uses permitted by special use permit:
Dog kennels.
Public stables.
Minimum lot area: 50,000 square feet.
Minimum lot width: 200 feet.
Maximum lot coverage: 50%.
Minimum rear yard setback: 50 feet.
Maximum building height: 35 feet.
§ 247-15 SLI District: Special Light Industrial.
[Added 8-30-1982; amended 8-24-1994; 6-3-2008; 6-13-2022 by L.L. No. 2-2022]
No new residential construction (including single-family, two-family/duplex, and multifamily) shall be allowed in any SLI District, except in a mobile home park or by approval of a special use permit.
All new construction and any modification, alteration, or addition to an existing structure shall be subject to site plan review by the Planning Board before any building permit is considered or issued by the Code Enforcement Officer/Building Inspector.
Minimum lot area: 50,000 square feet.
Minimum lot width: 200 feet.
Maximum lot coverage: 50%.
Minimum front yard setback: 100 feet.
Minimum rear yard setback: 50 feet.
Maximum building height: 35 feet.