Potsdam Town City Zoning Code
ARTICLE IV
District and Supplementary Regulations
§ 306-7 District regulations.
A.
Schedule of district regulations. The chart entitled "Zoning Schedule A — Town of Potsdam" and the notes appended thereto are hereby made and declared to be a part of these regulations.[1] The regulations listed for each district as designated, reading from left to right across the schedule, and in all notes appended thereto, are hereby adopted and prescribed for such districts, subject to the provisions of other applicable sections of these regulations and, unless otherwise indicated, shall be deemed to be the minimum requirements in every instance of their application. The listing of any use in said district shall be deemed to be an exclusion of such use from any other district, unless such use is permitted in such district under the language set forth in the schedule as applying thereto.
[1]
Editor's Note: Zoning Schedule A is included as an attachment to this chapter.
B.
Determination of similar uses. In order to permit uses of a similar character to those prescribed in § 306-7C as permitted in the R-1, R-2, R-A, C-C and H-D Districts, the Town Planning Board, on its own initiative or upon written request, shall determine whether a use not specifically listed as a permitted use should be authorized. In making this determination, the Planning Board shall consider whether the proposed use is substantially different in size, operations, impacts and other characteristics from uses permitted in the same district. If the proposed use is found to be similar to uses specifically listed and appropriate in the district, the Planning Board shall authorize the use as a permitted use in the district.
C.
Zoning districts.
(1)
R-1 Residential District.
(a)
Purpose. The area within residential districts is now used predominantly for single- or two-family residential uses or is now vacant land with soil and access conditions suitable for residential development. Future development is limited to these uses and supporting public and semipublic uses. Residential development beyond the density standards of the R-1 District shall be accommodated through the coordinated development process.
(b)
The following are permitted uses:
[1]
One- or two-family dwelling.
[2]
Public park, recreation area or golf course.
[3]
Library, charitable institution and similar use.
[4]
Church or parish house.
[5]
School or municipal building.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[6]
Accessory building or use.
[7]
Private swimming pool.
[Added 10-11-1994 by L.L. No. 4-1994]
(c)
The following are uses permitted by special use:
[1]
Agricultural operation.
[2]
Home occupation/profession.[2]
[2]
Editor's Note: Original Subsection C(1)(c)[3], Private swimming pool, of the 1986 Code, was repealed 10-11-1994 by L.L. No. 4-1994.
[3]
Nursery school.
[4]
Fire station.
[5]
Cemetery.
[6]
Private or public utility structure or use.
[7]
Multifamily dwelling.
[8]
Wind measurement tower.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[9]
Small WECS.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(d)
The following uses require site plan review:
[Added 2-10-2004 by L.L. No. 1-2004]
[1]
Public park, recreation area, golf course.
[2]
Library, charitable institution, and similar uses.
[3]
Church, parish house.
[4]
School, municipal building.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[5]
Agricultural operation.
[6]
Home occupation/profession.
[7]
Nursery school.
[8]
Fire station.
[9]
Cemetery.
[10]
Private or public utility structure or use.
[11]
Multifamily dwelling.
[12]
Wind measurement tower.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[13]
Small WECS.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(2)
R-2 Residential District.
(a)
The purpose of the R-2 District is to serve as a transitional zone between the R-1 and R-A Districts.
(b)
The following are permitted uses:
[1]
One- or two-family dwelling.
[2]
Public park, recreation area or golf course.
[3]
Library, charitable institution and similar uses.
[4]
Church or parish house.
[5]
School or municipal building.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[6]
Accessory building or use.
[7]
Agricultural operation.
[8]
Private swimming pool.
[Added 10-11-1994 by L.L. No. 4-1994]
(c)
The following are uses permitted by special use:
[1]
Home occupation/profession.[3]
[3]
Editor's Note: Original Subsection C(2)(c)[2], Private swimming pool, of the 1986 Code, was repealed 10-11-1994 by L.L. No. 4-1994.
[2]
Nursery school.
[3]
Fire station.
[4]
Cemetery.
[5]
Private or public utility structure or use.
[6]
Group dwelling.
[7]
Multifamily dwelling.
[8]
Riding academy, animal hospital or kennel.
[9]
Roadside stand.
[10]
Class A mobile home.
[11]
Wind measurement tower.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[12]
Small WECS.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(d)
The following uses require site plan review:
[Added 2-10-2004 by L.L. No. 1-2004]
[1]
Public park, recreation area, golf course.
[2]
Library, charitable institution, and similar uses.
[3]
Church, parish house.
[4]
School, municipal building.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[5]
Agricultural operation.
[6]
Nursery school.
[7]
Fire station.
[8]
Private or public utility structure or use.
[9]
Riding academy, animal hospital, kennel.
[10]
Wind measurement tower.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[11]
Small WECS.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(3)
R-A Residential-Agricultural District.
(a)
Purpose. The area within this district has been identified as viable for continued agricultural and low-density rural residential use and is protected from detrimental intrusions. Part of the area is unsuited for intensive development because of susceptibility to seasonal high groundwater and is generally beyond the urbanizing areas.
(b)
The following are permitted uses:
[1]
One- or two-family dwelling.
[2]
Agricultural operation.
[3]
Public park, recreation area and golf course.
[4]
School or municipal building.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[5]
Church or parish house.
[6]
Accessory building or use.
[7]
Class A or B mobile home.
[8]
Private swimming pool.
[Added 10-11-1994 by L.L. No. 4-1994]
(c)
The following are uses permitted by special use:
[1]
Home occupation/profession.[4]
[4]
Editor's Note: Original Subsection C(3)(c)[2], Private swimming pool, of the 1986 Code, was repealed 10-11-1994 by L.L. No. 4-1994.
[2]
Fire station.
[3]
Cemetery.
[4]
Private or public utility structure or use.
[5]
Riding academy, animal hospital or kennel.
[6]
Roadside stand.
[7]
Campground.
[8]
Commercial excavation.
[9]
Junkyard.
[10]
Solid waste transfer station.
[Amended 5-14-2002 by L.L. No. 2-2002]
[11]
Small business operation.
[12]
Other rural agribusiness activities of a similar and no more objectionable nature than those listed above.
[13]
Mobile home court.
[14]
Multifamily dwelling.
[15]
Sexually oriented business.
[Added 2-11-2003 by L.L. No. 1-2003]
[16]
Wind measurement tower.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[17]
Small WECS.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(d)
The following uses require site plan review:
[Added 2-10-2004 by L.L. No. 1-2004]
[1]
Public park, recreation area, golf course.
[2]
School, municipal building.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[3]
Fire station.
[4]
Private or public utility structure or use.
[5]
Riding academy, animal hospital, kennel.
[6]
Campground.
[7]
Commercial excavation.
[8]
Junkyard.
[9]
Solid waste transfer station.
[10]
Mobile home court.
[11]
Wind measurement tower.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[12]
Small WECS.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(4)
C-C Community Center District.
(a)
Purpose. The area within the Community Center District shall be characterized by the mix of commercial (grocery store, restaurant), residential and public (fire station, post office) uses which make up rural hamlets.
(b)
The following are permitted uses:
[1]
One- or two-family dwelling.
[2]
Public park, recreation area or golf course.
[3]
Library, charitable institution and similar uses.
[4]
Church or parish house.
[5]
School or municipal building.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[6]
Accessory building or use.
[7]
Agricultural operation.
[8]
Retail store, personal service shop or bank.
[9]
Professional or business office.
[10]
Class A or B mobile home.
[11]
Private swimming pool.
[Added 10-11-1994 by L.L. No. 4-1994]
(c)
The following are uses permitted by special use:
[1]
Home occupation/profession.[5]
[5]
Editor's Note: Original Subsection C(4)(c)[2], Private swimming pool, of the 1986 Code, was repealed 10-11-1994 by L.L. No. 4-1994.
[2]
Nursery school.
[3]
Fire station.
[4]
Parking lot.
[5]
Private or public utility structure or use.
[6]
Group dwelling.
[7]
Multifamily dwelling.
[8]
Riding academy, animal hospital or kennel.
[9]
Roadside stand.
[10]
Campground.
[11]
Agribusiness.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[12]
Lumber sales and storage.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[13]
Heating, plumbing, electrical supplies and/or repairs.
[14]
Welding shop.
[15]
Light manufacturing or assembly.
[16]
Drive-in restaurant.
[17]
Gasoline station, garage or auto wash.
[18]
Commercial recreation, golf driving range or outdoor theater.
[19]
Bar or tavern.
[20]
Development or research center.
[21]
Hotel or restaurant.
[22]
Sexually oriented business.
[Added 2-11-2003 by L.L. No. 1-2003]
[23]
Wind measurement tower.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[24]
Small WECS.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(d)
The following uses require site plan review:
[Added 2-10-2004 by L.L. No. 1-2004]
[1]
Public park, recreation area, golf course.
[2]
School, municipal building.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[3]
Retail store, personal service shop, bank.
[4]
Professional or business office.
[5]
Private or public utility structure or use.
[6]
Riding academy, animal hospital, kennel.
[7]
Campground.
[8]
Lumber sales and storage.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[9]
Welding shop.
[10]
Light assembly or manufacturing.
[11]
Gasoline station, garage, autowash.
[12]
Commercial recreation, golf driving range, outdoor theater.
[13]
Hotel, restaurant, bar or tavern.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[14]
Wind measurement tower.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[15]
Small WECS.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[16]
Agribusiness.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(5)
H-D Highway Development District.
(a)
Purpose. The purpose of the Highway Development District is to provide for a wide variety of residential, commercial and light industrial activities along a major transportation corridor while still preserving the highway function and preventing the intermixture of incompatible uses.
(b)
The following are permitted uses:
[1]
One- or two-family dwelling.
[2]
Agricultural operation.
[3]
Public park, recreation area or golf course.
[4]
Library, charitable institution and similar uses.
[5]
School or municipal building.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[6]
Church or parish house.
[7]
Accessory building or use.
[8]
Class A mobile home.
[Amended 7-8-2003 by L.L. No. 4-2003]
[9]
Private swimming pool.
[Added 10-11-1994 by L.L. No. 4-1994]
(c)
The following are uses permitted by special use:
[1]
Multifamily dwelling.
[2]
Group dwelling.[6]
[6]
Editor's Note: Original Subsection C(5)(c)[3], Mobile home court, of the 1986 Code, was repealed 7-8-2003 by L.L. No. 4-2003.
[3]
Home occupation/profession.[7]
[7]
Editor's Note: Original Subsection C(5)(c)[5], Private swimming pool, of the 1986 Code, was repealed 10-11-1994 by L.L. No. 4-1994.
[4]
Nursery school.
[5]
Fire station.[8]
[8]
Editor's Note: Original Subsection C(5)(c)[8], Cemetery, of the 1986 Code, was repealed 7-8-2003 by L.L. No. 4-2003
[6]
Private or public utility structure or use.
[7]
Riding academy, animal hospital or kennel.
[8]
Roadside stand.[9]
[9]
Editor's Note: Original Subsection C(5)(c)[12], Campground, of the 1986 Code, was repealed 7-8-2003 by L.L. No. 4-2003.
[9]
Commercial recreation, golf driving range or outdoor theater.
[10]
Professional or business office.
[11]
Retail store, personal service shop or bank.
[12]
Hotel, restaurant, bar or tavern.
[13]
Gasoline station, garage or auto wash.
[14]
Machine shop or welding shop.
[15]
Lumber sales and storage.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[16]
Heating, plumbing, electrical supplies and/or repairs.
[17]
Warehouse or wholesale sales and storage.
[18]
Automobile, boat, or recreational vehicle sales/rental.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[19]
Drive-in restaurant.
[20]
Agribusiness.[10]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[10]
Editor's Note: Original Subsection C(5)(c)[25], Other rural agribusiness, of the 1986 Code and which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[21]
Development or research center.
[22]
Light manufacturing or assembly.
[23]
Fuel sales or storage.[11]
[11]
Editor's Note: Original Subsection C(5)(c)[29], Commercial excavation, and Subsection C(5)(c)[30], Junkyard, of the 1986 Code, were repealed 7-8-2003 by L.L. No. 4-2003.
[24]
Solid waste transfer station.
[Amended 5-14-2002 by L.L. No. 2-2002]
[25]
Sexually oriented business.
[Added 2-11-2003 by L.L. No. 1-2003]
[26]
Wind measurement tower.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[27]
Small WECS.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(d)
The following uses require site plan review:
[1]
Public parks, recreation area, golf course.
[2]
School, municipal building.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[3]
Mobile home court.
[4]
Riding academy, animal hospital, kennel.
[5]
Campground.
[6]
Commercial recreation, golf driving range, outdoor theater.
[7]
Hotel, restaurant, bar or tavern.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[8]
Gas station, garage, auto wash.
[9]
Lumber sales and storage.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[10]
Heating, plumbing, electrical supplies and/or repairs.
[11]
Warehouse or wholesale sales and storage facility.
[12]
Automobile, boat, or recreational vehicle sales and/or rental.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[13]
Drive-in restaurant.
[14]
Light manufacturing or assembly.
[15]
Fuel sales and storage.
[16]
Motor vehicle junkyard/junkyard.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[17]
Solid waste transfer station.
[18]
Wind measurement tower.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[19]
Small WECS.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[20]
Agribusiness.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(6)
L-C Land Conservation Overlay District.
(a)
The purpose of the L-C District is to enhance community appearance, to promote the use of scenic resources for the pleasure and welfare of the citizens of and visitors to the Town and to safeguard against damage due to natural causes, such as flooding and water pollution.
(b)
Permitted uses. The Land Conservation Overlay District consists of lands located within the special flood hazard areas identified on the Federal Insurance Administration maps and that area 200 feet on either side of the shoreline, at normal water level, of the Grasse and Raquette Rivers. Any use which is permitted in the underlying zoning district is permissible in the L-C Overlay District, provided that construction and/or development is in conformance with the requirements of the National Flood Insurance Program (NFIP) as set forth in Local Law No. 1 of 1985.[12] However, within this district there shall be no principal building construction within 50 feet of the shoreline at normal water level, except for a single story service- or water-related building. All development in the L-C District shall be reviewed by the Planning Board according to the special use permit process.
[12]
Editor's Note: See now Ch. 183, Flood Damage Prevention; L.L. No. 1-1987, included in said chapter, superseded L.L. No. 1-1985.
(7)
C-D Coordinated Development District.
(a)
The purpose of the C-D District is to provide a means of developing those land areas within the community considered appropriate for large-scale new residential, recreational, commercial or industrial use, or a satisfactory combination of these uses, in an economic and compatible manner, while encouraging the utilization of innovative planning and design concepts or techniques in these areas without departing from the spirit and intent of these Zoning Regulations.
(b)
Procedure.
[1]
For the establishment of coordinated development:
[a]
Application for designation of a C-D District shall be referred to the Town Board. The Town Board shall refer the application to the Planning Board within 10 days of receipt. The applicant shall furnish basic data pertaining to the boundaries of the proposed development, the existing zoning, topography, drainage, soil conditions and such preliminary plans as are required in § 306-36C of these regulations.
[b]
The Planning Board shall review such application. The Board may require such changes in the preliminary plans as are found to be necessary to meet the requirements of this section, to protect the established permitted uses in the vicinity and to promote the orderly growth and sound development of the community. In evaluating the proposal and in reaching its decision regarding the preliminary plans, the Planning Board shall consider and make findings regarding those considerations set forth under Subsection C(7)(b)[2][c] of this section.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[c]
Referral to county; SEQRA.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[i]
All applications for creation of a C-D District shall be referred to the St. Lawrence County Planning Board. The County Planning Board has 30 days (GML § 239-n) to return to the Town for local action stating no significant countywide or inter-community impact, or to approve, modify, or disapprove the referred action. If agreed upon by all parties, this time limit may be mutually extended.
[ii]
If the County Planning Board recommends modification or disapproval of a referred action, the referring body shall not act contrary to such recommendation except by a vote of a majority plus one of all the members thereof.
[iii]
Refer to § 306-9J. regarding SEQRA requirements for all zoning amendments.
[d]
The Town Planning Board shall report its findings and render its decision to the Town Board within 45 days. It may approve, disapprove or give conditional approval subject to modifications regarding the proposed development.
[e]
The Town Board shall hold a public hearing after public notice as required for any amendment to these regulations and shall consider the report and recommendations of the Planning Board and all other comments, reviews and statements pertaining thereto. It may amend the Zoning Map to establish and define the type and boundaries of the planned district and, in so doing, may state specific conditions, in addition to those provided by these regulations, further restricting the nature or design of the development.
[2]
For the approval of development within an established Coordinated Development District:
[a]
Amendment of the Zoning Map shall not constitute authorization to develop in the district.
[b]
Such authorization, after a C-D District has been established or for development within an already established C-D District, shall require that the applicant submit to the Planning Board such plans and specifications, supporting documents and data as shall be required by the Board and shall specify on the plans and in writing the building types and layout, setbacks, off-street parking and loading, ingress and egress, signs, existing and proposed amenities, screening, planting and ornamental features and the plan or arrangement for development of the area in stages or in its entirety. A copy of the proposed development will be submitted to the St. Lawrence County Planning Board for review as required under §§ 239-1 and 239-m of the General Municipal Law.
[c]
The Planning Board shall set forth the particular ways in which the proposed development would or would not be in the public interest, including but not limited to findings of fact and conclusions on the following:
[i]
In what respects the plan is or is not consistent with the stated purposes of a C-D District.
[ii]
The extent to which the plan departs from zoning regulations formerly applicable to the property in question (if not originally designated as a C-D District), including but not limited to bulk, density and permitted uses.
[iii]
The existing character of the neighborhood and the relationship, beneficial or adverse, of the proposed development to this neighborhood.
[iv]
The location of principal and accessory buildings on the site in relation to one another and to other structures and uses in the vicinity, including bulk and height.
[v]
The provision for pedestrian circulation and open space in the planned development, the assurance of the proposal for maintenance and conservation of common open space and pedestrian circulation as related to the proposed density and type of development.
[vi]
The traffic circulation features within the site, including the amount of, location of and access to automobile parking and terminal loading areas.
[vii]
The amount of traffic generated at peak hours and the provisions for adequately handling such volumes, with particular reference to points of ingress and egress, potential hazards such as inadequate site distances and intersection design, and the nature and suitability of the connecting street or highway system to absorb the anticipated changes.
[viii]
The provision for stormwater, sanitary and solid waste disposal and other utilities on and adjacent to the site.
[ix]
The proposed location, type and size of signs and landscape features.
[x]
The physical design of the plan and the manner in which said design does or does not make adequate provision for service demands (water, sewer, fire, etc.), provide adequate control over vehicular traffic and further the amenities of light, air and visual enjoyment.
[d]
No permit shall be issued until the Planning Board has made its determination based on the foregoing considerations and the Town Board has considered this determination and any review by the St. Lawrence County Planning Board and authorized issuance of a permit by resolution. The Town Board may override the recommendation of the Town Planning Board in adopting its resolution to authorize or deny a permit only by an affirmative vote of a three-fourths majority of the members of the Board.
[e]
All conditions imposed by the Town Board in its amendment and all subsequent conditions imposed by the Planning Board or Town Board in their review of the final plans, including any the performance of which may be conditions precedent to the issuance of any permit, shall run with the land and shall not lapse or be waived as a result of any change in tenancy or ownership of any or all of the designated district.
[f]
If construction of the development in accordance with the approved plans and specifications has not begun within one year after the date of the resolution authorizing issuance of the building permit, all permits shall become null and void, the approval shall be deemed revoked and vacated, and the Town Board shall have the authority to again amend the map to restore the zoning designation for the district to that which it had been prior to the application, or any other district.
[g]
The Planning Board may require that the application be subject to site plan review.
[Added 2-10-2004 by L.L. No. 1-2004]
(c)
Airport approaches. Notwithstanding any other provision of these regulations, development is permitted in the C-D Coordinated Development Zone at and adjacent to Potsdam - Damon Airport and any other local airport, subject to the provisions of coordinated development and under the following conditions:
[1]
No building or structure shall be erected which violates the Federal Aviation Administration standards applicable at the time of plan review.
[2]
Any residential development in the area designated C-D shall not exceed one dwelling unit per five acres.
(d)
Applicability and change. The process shall be applied to determine the suitability of a specific plan for development of land in the C-D Districts which carries out the objectives of the Town development plan and these regulations. The Planning Board may adopt and modify from time to time further guidelines for coordinated development review. The guidelines shall be adopted pursuant to the requirements for rules and regulations provided by law.
(8)
P-D Development Overlay District.
[Amended 10-11-1994 by L.L. No. 4-1994; 2-10-2004 by L.L. No. 1-2004; 6-16-2015 by L.L. No. 1-2015]
(a)
The purpose of the P-D District is to encourage planned development in the transportation corridor between Route 11 and the Conrail Railroad between Canton and Potsdam (designated as PD-11) and the transportation corridor on SH 56N between Potsdam and Norwood as designated on the map (designated as PD-56N) to be undertaken in a manner which preserves the critical highway and railway functions.
(b)
The following are permitted uses in PD-11:
[1]
One or two-family dwelling.
[2]
Agricultural operation.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[3]
Class A or B mobile home.
[4]
Accessory building or use.
[5]
Private swimming pool.
(c)
Uses permitted by special use or by the Planning Board. Uses otherwise permitted in the R-A, C-C and CD Districts and uses permitted by special use in the R-A and C-C Districts, as well as those uses deemed appropriate by the Town Planning Board in accordance with the review procedures outlined under Subsection C(8)(f) below, may be permitted in the P-D Overlay District-PD 11.
(d)
The following are permitted uses in PD-56N:
[1]
One or two-family dwelling.
[2]
Agricultural operation.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[3]
Class A mobile home in HD Zone.
[4]
Accessory building or use.
[5]
Private swimming pool.
(e)
Uses permitted by special use or by the Planning Board. Uses otherwise permitted in the R-1, R-2, CD, and HD Districts and uses permitted by special use in the R-1, R-2, CD, and HD Districts, as well as those uses deemed appropriate by the Town Planning Board in accordance with the review procedures outlined under Subsection C(8)(f) below, may be permitted in the P-D Overlay District - PD 56N.
(f)
Procedure.
[1]
For uses permitted by special use or for a Planning Board determination of an appropriate use in the P-D Districts PD-11 and PD-56N:
[a]
The applicant must submit basic data pertaining to the planned development, including property boundaries, topography, drainage, soil conditions and such preliminary plans as are required in § 306-36C of these regulations.
[b]
The Town Planning Board shall review the application and required data and may require such changes in the preliminary plans as are found necessary to meet the requirements of the district, to promote the orderly growth and development of the district and to protect the highway and railway functions and those established permitted uses in the vicinity.
[c]
All applications for uses permitted by special use or by the Town Planning Board within the PD District shall be referred to the St. Lawrence County Planning Board.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[i]
The County Planning Board has 30 days (GML § 239-m) to return to the Town for local action stating no significant countywide or inter-community impact, or to approve, modify, or disapprove the referred action. If agreed upon by all parties, this time limit may be extended mutually by all parties.
[ii]
If the County Planning Board recommends modification or disapproval of a referred action, the referring body shall not act contrary to such recommendation except by a vote of a majority plus one of all the members thereof.
[d]
Notification will be made to all property owners within 500 feet of the project.
[e]
All applications, if applicable, will be reviewed under SEQRA regulations as referred to in Chapter 148 of this Code.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[2]
The Town Planning Board will establish appropriate lot size, setbacks, off-street parking, ingress and egress, sign dimensions and screening required, using as a minimum the standards set forth in § 306-8 by special use.
[a]
In addition, the following minimum requirements shall apply only to USH 11 in the P-D Overlay District PD-11:
[i]
Front yard for permitted uses shall be 150 feet from the center of the road.
[ii]
Front yard for uses permitted by special use and as determined by the Planning Board shall be 225 feet, with no parking or other use in the first 150 feet from the center of the road. Parking, but no other use or construction, is permitted for 150 feet to 225 feet from the center of the road.
[iii]
Minimum lot size for the Planned Development Overlay District is five acres, except for one- and two-family dwellings, which require 65,000 square feet and two acres, respectively. Mobile homes require the same lot sizes as one-family dwellings.
[b]
In addition, the following minimum requirements shall apply to all other areas (excepting USH 11) in the P-D Overlay District PD-11:
[i]
Front yard for permitted uses for R-A and C-C shall be set forth in the Zoning Schedule.
[c]
In addition, the following minimum requirements shall apply in the P-D Overlay District PD-56N:
[i]
Front yard for permitted uses for R-1, R-2, CD, and HD shall be as set forth in the Zoning Schedule.
[ii]
Front yard for uses permitted by special use shall be determined by Planning Board as deemed appropriate.
[iii]
Minimum lot size for the Planned Development Overlay shall be determined by the Planning Board as deemed appropriate, except for one- and two-family dwellings, which require 65,000 square feet and two acres, respectively. Mobile homes require the same lot sizes as one-family dwellings.
[3]
If the construction of the planned development in accordance with the approved plans and specifications has not begun within one year after the date of the resolution authorizing the issuance of the building permit, all permits shall become null and void.
[4]
Site plan review. Within the P-D Development Overlay Districts all uses, except principal permitted uses in the district, shall be subject to site plan review.
§ 306-8 Permitted special uses and use standards.
A.
General standards. All special uses are subject to the following general standards, and, in addition, those special uses which are listed under Subsection B shall have additional regulations as stipulated in that section. All special use permits, and primary uses if applicable, are subject to General Municipal Law § 239-m, County Planning Board Review and the timeline allowed therein.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(1)
General provisions. Special use permits for permitted special uses shall be approved by the Planning Board for the Enforcement Officer to issue in accord with this section. The special uses for which conformance to additional standards is required shall be deemed to be permitted uses in their respective districts, subject to the satisfaction of the requirements and standards set forth herein, in addition to all other requirements of these regulations. All such uses are hereby declared to possess characteristics of such unique and special forms that each specific use shall be considered as an individual case.
(2)
Required plan. A plan for the proposed development of a site for a permitted special use shall be submitted with an application for a special use permit, and such plan shall show the location of all buildings, parking areas, traffic access and circulation drives, open spaces, landscaping and any other pertinent information that may be necessary to determine if the proposed special use meets the requirements of these regulations. Required submissions are listed in § 306-36A,
(3)
Expiration. A special use permit shall be deemed to authorize only one particular special use and shall expire if the special use or uses shall cease for more than one year, except as an extension of the permit period is applied for and, for due cause shown, granted by the Planning Board.
(4)
Standards applicable to all special uses.
(a)
The location and size of the use, the nature and intensity of the operations involved, the size of the site in relation to it and the location of the site with respect to the existing or future streets giving access to it shall be such that it will be in harmony with the orderly development of the district: and the location, nature and height of buildings, walls and fences will not discourage the appropriate development and use of adjacent land and buildings or impair the value thereof.
(b)
Lot size, site design and special conditions shall ensure that operations in connection with any special use shall not be more objectionable to nearby properties by reason of noise, fumes, odors, glare, vibrations or flashing lights than would be the operations of any permitted use. Screening shall be required where deemed appropriate.
(c)
Adequate provision for water supply and sewage disposal shall be made in compliance with the New York State Department of Health standards.
B.
Permitted special uses: specific standards.
(1)
Agricultural operation. In the R-1 District, the following standards shall be met for agricultural operations:
(a)
Minimum lot size shall be 10 acres.
(b)
Farm structures shall be located at least 200 feet from any adjacent residential use.
(c)
The number of livestock held in any one area shall be limited according to drainage conditions, waste disposal facilities and standards of good agricultural management as determined by the St. Lawrence County Soil and Water Conservation District and shall be reviewed by the Planning Board.
(2)
Animal hospital, riding academy or kennel.
(a)
Minimum lot size shall be five acres where permitted in the R-2 and R-A Districts and three acres in the C-C and H-D Districts.
(b)
All structures shall be located at least 200 feet from any adjacent residential use, except a residential use on the same parcel.
(3)
Automobile, farm or heavy equipment, boat and recreational vehicle sales or rental.
(a)
The minimum lot area shall be three acres. The Planning Board may require a larger minimum lot area if necessary to accommodate the nature and scale of the proposed use.
(b)
No motor vehicles which are not in running condition shall be stored in any open area for more than 10 consecutive days.
(c)
In connection with the business operation, there must be an office and sanitary facilities.
(d)
No vehicle shall be placed in an area closer than 15 feet to the edge of the highway right-of-way abutting said property.
(e)
Such uses must be at least 200 feet from any school, church, park or playground.
(f)
When exterior lights are extinguished, sufficient illumination must be provided as may be required by the local law enforcement agency for the proper safety and surveillance thereof.
(g)
The open area permitted to be used shall be capable of holding not less than 10 vehicles.
(4)
Campground.
(a)
A temporary permit to operate a campground may be issued for a period not to exceed five years if the following conditions are met:
[1]
The minimum lot area shall be five acres.
[2]
No portion of the property for which such permit is sought shall be within 2,000 feet of any public water supply intake.
[3]
Sanitary dumping stations shall be provided in those areas designed for units with such facilities.
[4]
The number of trailer or camping units to be accommodated shall not exceed one for each 4,000 square feet of area within the campground.
[5]
No camp structure shall be located within 50 feet of any property line.
(b)
The permit may be renewed for subsequent five-year periods, provided that the requirements of these regulations are complied with.
(5)
Cemetery, commercial recreation, golf driving range, nursery school or fire station.
(a)
The proposed use will not interfere with the established character of the neighborhood nor the peaceful enjoyment of adjoining residential uses. In particular, this shall mean that traffic, light and noise likely to be generated by such facility will not duly interfere with adjoining uses.
(b)
The location and arrangement for ingress and egress shall be so designed as to minimize traffic congestion and hazard.
(c)
Adequate and suitably located off-street parking shall be provided in accordance with the requirements of § 306-9F of these regulations.
(d)
Such site amenities and landscaping as are needed to maintain or improve the visual character of the area and to provide a buffer between any adjoining use requiring such consideration shall be provided as required by the Planning Board.
(e)
No portion of any cemetery shall be located within 2,000 feet of any public water supply intake.
(6)
Commercial excavation.
(a)
The minimum lot size shall be five acres.
(b)
Such extraction shall not endanger the stability of adjacent land or structures nor constitute a detriment to public health, safety or welfare by reason of excessive noise, dust, traffic or other conditions.
(c)
The face of the excavation area shall not exceed a 3 to 1 (horizontal to vertical) slope, and the top and base of such slope shall not be nearer than 100 feet to any lot line or road right-of-way.
(d)
A plan for restoration and rehabilitation of the excavation area shall accompany the special use permit application. The Planning Board may require a performance bond to assure rehabilitation of the site.
(e)
Screening shall be provided in such a manner as to properly screen activities from view from a public street or adjacent residential property.
(7)
Development or research center, light manufacturing, lumber or feed sales/storage, heating, plumbing, electrical supplies and/or repairs, welding shop, machine shop, fuel sales and storage or warehouse or wholesale sales and storage.
(a)
Minimum lot size shall be two acres. The Planning Board may require a larger minimum lot area if necessary to safely accommodate the nature and scale of the proposed use.
(b)
All structures shall be located at least 100 feet from any adjacent residential use. The Planning Board may require screening from adjacent properties as needed.
(c)
All activities shall be conducted within an enclosed area.
(8)
Drive-in restaurant.
(a)
The minimum lot size shall be two acres.
(b)
All structures shall be located at least 200 feet from any adjacent residential use or district.
(c)
Trash shall be stored in areas which are designed and constructed so as to allow no view of the trash storage from the street, to prevent wastepaper from blowing around the site or adjacent properties and to permit safe, easy removal by truck or hand.
(d)
Exterior lighting proposed for the site shall be designed so it will not cast direct light or glare upon adjacent properties or public rights-of-way. The light source shall not be higher than 20 feet.
(e)
Ingress and egress shall be designed to minimize traffic congestion, and adequate off-street parking shall be provided in accordance with § 306-9F of these regulations.
(f)
Landscaping and/or fencing shall be provided to minimize visual unattractiveness and minimize conflicts with adjacent uses.
(9)
Gasoline station, public garage or auto wash.
(a)
The minimum lot area shall be two acres.
(b)
Lot frontage on any street shall be at least 150 feet. (See Zoning Schedule for minimum requirements by zoning district.[1])
[1]
Editor's Note: The Zoning Schedule is included as an attachment to this chapter.
(c)
Such use shall not be located within 200 feet of any lot occupied by a residence, school, hospital or religious institution. Measurement shall be made between the nearest respective lot lines.
(d)
Bulk fuel shall be stored at least 75 feet from any property line and shall meet all county and state requirements.
[Amended 10-11-1994 by L.L. No. 4-1994]
(e)
No exterior storage of dismantled vehicles, vehicle parts or salvage materials shall be permitted for a period more than 10 days.
(f)
No exterior storage of disabled vehicles shall be permitted for more than 30 days.
(g)
If such use ceases operation, all fuel storage tanks shall be removed within one year of such cessation.
(10)
Group dwelling or multifamily dwelling.
(a)
Group dwellings and multifamily dwellings are permitted if and only if adequate sewage treatment can be provided on-site to accommodate the number of persons who will reside in the dwellings. The maximum gross density allowable for multifamily dwellings shall not exceed one unit per acre. Group housing facilities must have a minimum of one acre of land area per five residents housed.
(b)
Applications submitted for special use permit approval shall include specific plans for sewage disposal, water supply, storm drainage, landscaping and lighting.
(c)
Floor space, health and safety conditions shall be in accord with the standards of the New York State Uniform Fire Prevention and Building Code.
(d)
Adequate off-street parking shall be provided in accordance with the requirements of § 306-9F of these regulations.
(e)
Minimum lot width is 200 feet, plus an amount deemed appropriate by the Planning Board based on the size of the project and the shape of the parcel.
(11)
Home occupation/profession.
(a)
There shall be no change in the exterior appearance of the building or premises other than a permitted sign in accordance with § 306-9H of these regulations.
(b)
Not more than two employees other than the inhabitants of the dwelling unit shall be engaged in such home occupation/profession.
(c)
There shall be no sales of products conducted from the dwelling unit, except goods produced on the premises or products incidental to the service provided.
(d)
The home occupation/profession shall not cause a significant increase in traffic in the vicinity. The Planning Board may require the applicant to provide traffic count information prior to special use permit approval.
(e)
No offensive noise, vibration, glare, dust, fumes, odors or electrical interference shall be produced.
(12)
Hotel, motel, restaurant, bar or tavern.
(a)
Minimum lot size shall be one acre in the C-C zone and two acres in the H-D zone. The Planning Board may require a larger minimum lot area if necessary to accommodate the nature and scale of the proposed use.
(b)
Such use shall not be closer than 200 feet to any existing residential use or district.
(c)
Such use shall be adequately fenced or screened from any adjacent residential property, and lighting shall be directed away from adjacent uses.
(d)
Ingress and egress shall be designed to minimize traffic congestion, and adequate off-street parking shall be provided in accordance with § 306-9F of these regulations.
(13)
Motor vehicle junkyard/junkyard.
[Amended 7-12-1999 by L.L. No. 4-1999; 5-14-2002 by L.L. No. 3-2002; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(a)
Minimum lot size shall be 10 acres for a junkyard. The Planning Board may require a larger minimum lot area if necessary to accommodate the nature and scale of the proposed use.
(b)
Such uses shall not be located within 200 feet of any road right-of-way or property line nor within 500 feet of any residential property nor within 1,000 feet of any lake, river or stream nor within 2,000 feet of any public water supply intake.
(c)
Fencing.
[1]
All junkyard operations shall be fenced and screened from public view and from adjacent properties. A fence is a natural or artificially constructed barrier inhibiting public view of staged or stored decommissioned motor vehicles, parts or related materials. The barrier shall consist of approved material or combination of materials and shall be erected to enclose and screen areas of land used to store aforementioned materials from public view.
[2]
A barrier closing or bordering a field, yard, etc., may typically be constructed of wood or metal fencing material and usually is used to prevent entrance, to confine, mark a boundary, or inhibit public view with security as approved by the Town of Potsdam Planning Board.
[3]
All fencing schemes shall be approved by the Planning Board. Fence construction shall conform to the following criteria:
[a]
Posts with wood board fencing shall provide an eight-foot high screen.
[b]
Construction material may consist of wood, metal, plastic or other material that is aesthetically unobtrusive as approved by the Planning Board.
[c]
Natural fencing consisting of dense shrub hedge of conifer foliage supplemented with localized security measures, such as gates for restricted access, as approved.
[d]
Fence materials other than the aforementioned materials are not approved, unless specific plans are presented to the Planning Board for review and approval.
(d)
The annual license fee is to be paid at the time of a permit application and annually thereafter on April 1 in the event of renewal. Any existing automobile junkyard must comply with these requirements by the next April 1.
(14)
Mobile home.
(a)
Individual. Mobile homes may be located on individual lots or parcels of land where permitted as special uses in the zoning district, subject to the specific requirements of this subsection. It is the intent of the special use permit process to recognize the modern mobile home as an alternative source of affordable housing. However, because many mobile homes have an exterior appearance which is uncharacteristic of conventional housing, the location and maintenance requirements of this subsection are designed to ensure that mobile homes are compatible with surrounding uses, that proposed sites are suitable and that property values are protected.
[1]
Class A mobile homes may be located on individual sites in all but the R-1 District if they meet all of the following standards:
[a]
The mobile home shall be occupied only as a single-family residence.
[b]
The mobile home shall have an adequate supply of potable water and a sewage disposal system. Both systems shall satisfy the recommended standards of the New York State Department of Health for individual water and waste-disposal systems.
[c]
The mobile home shall be located in conformance with all the area requirements of the zoning district in which it is located.
[d]
The mobile home shall be attached to a permanent foundation, and the wheels shall be removed.
[e]
Landscaping shall be provided to achieve the same character as the surrounding properties, as specified by the Planning Board.
[f]
The exterior of the mobile home and the lot or parcel of land on which it is placed shall be maintained in a neat, orderly and presentable condition. Failure to maintain the property may result in revocation of the special use permit.
[2]
Class B mobile homes may be located on individual sites in the R-A and C-C Districts if they meet all of the following standards:
[Amended 7-8-2003 by L.L. No. 4-2003]
[a]
The mobile home shall be occupied only as a single-family residence.
[b]
The mobile home shall have an adequate supply of potable water and a sewage disposal system. Both systems shall satisfy the recommended standards of the New York State Department of Health for individual water and waste-disposal systems.
[c]
The mobile home shall conform to all the area requirements of the zoning district in which it is located.
[d]
The mobile home shall be attached to a permanent foundation with the wheels removed.
[e]
Landscaping shall be provided to achieve the same character as the surrounding properties, as specified by the Planning Board.
[f]
The exterior of the mobile home and the parcel of land on which it is located shall be maintained in a neat, orderly and presentable condition. Failure to maintain the property may result in revocation of the special use permit.
[3]
Accessory uses. Mobile homes may be located as accessory uses by special use permit on individual lots in accordance with the following:
[a]
In the R-2 Zone, a Class A mobile home, and in the R-A Zone, a Class A or B mobile home, may be located as an accessory dwelling unit for family members or hired help on farms of at least 25 acres. Only one such accessory dwelling unit shall be permitted per principal farm residence, and the unit shall be located in conformance with the yard and parking requirements of the zoning district. The mobile home shall have an adequate supply of water and a sewage disposal system in conformance with New York State Department of Health standards.
[b]
In the C-C and R-A Zones, a Class B mobile home may be located on an individual lot as an accessory dwelling unit for an aged or infirm family member, subject to the following restrictions:
[Amended 7-8-2003 by L.L. No. 4-2003]
[i]
The mobile home shall be located in conformance with the yard and parking requirements of the zoning district.
[ii]
The mobile home shall have an adequate supply of water and a sewage disposal system. Both systems shall satisfy the recommended standards of the New York State Department of Health for individual water and waste-disposal systems.
[iii]
Landscaping and screening shall be provided to protect neighboring uses as specified by the Planning Board.
[iv]
The exterior of the mobile home and the parcel of land on which it is located shall be maintained in a neat, orderly and presentable condition. Failure to maintain the property may result in revocation of the special use permit.
[v]
The applicant shall submit evidence documenting financial and/or medical need for such unit and shall sign a statement agreeing to remove the mobile home in the event of the death or departure of the family member.
[c]
In the C-D Zone, a Class B mobile home may be located as an accessory dwelling unit for a caretaker, watchman or security guard on a nonresidential lot. The Planning Board may impose conditions on the location of such mobile home to protect neighboring uses.
[Amended 7-8-2003 by L.L. No. 4-2003]
(b)
Mobile home court. Mobile home courts may be located in the R-A District, subject to the specific requirements of this subsection.
[Amended 7-8-2003 by L.L. No. 4-2003]
[1]
A mobile home court shall have a minimum lot size of five acres.
[2]
Within the mobile home court, minimum lot size for individual mobile homes shall be 6,000 square feet, and within the individual lot, yard requirements shall be as follows:
Yard | Requirement (feet) |
|---|---|
Front | 20 |
Side (each) | 15 |
Rear | 15 |
[3]
Sanitary facilities. An adequate water supply and sewage disposal system shall be provided for all mobile home lots within the court and shall be approved by the New York State Department of Health.
[4]
Utility installations. All wiring, fixtures and appurtenances shall be installed and maintained in accordance with the specifications and regulations of the Electrical Underwriters of NY, LLC, and the Uniform Code, and the local utility company. Whenever possible, electrical transmission and other utility lines shall be placed below the ground.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[5]
Fuel tanks, where used, shall be placed so as not to be visible from the road and at a distance at least five feet from any exit and shall have a safety shutoff at the tank. Underground tanks or a centralized fuel-supply system is to be encouraged wherever possible.
[6]
No mobile home shall be located within 50 feet of any property line.
[7]
Roadways. No individual mobile home within a mobile home court shall have access to an existing street. Internal roadways within a mobile home court shall have a minimum right-of-way of 50 feet. There shall be no dead-end streets in any court. A cul-de-sac turnaround shall be provided if needed.
[8]
Off-street parking. Two off-street parking spaces shall be provided for each mobile home lot in the mobile home court outside the fifty-foot right-of-way and shall otherwise comply with off-street parking requirements as set forth elsewhere in these regulations.
[9]
Recreation area. Open space up to 10% of the land area suitable for recreation and play purposes shall be designated on the site plan and shall be an integral part of any proposed mobile home court.
[10]
Improvements. Each mobile home owner/tenant shall be required to enclose the bottom portion of the mobile home with a metal, wood or other suitable skirt, properly ventilated, within 60 days after location in the mobile home court. Notification of such requirement shall be the responsibility of the mobile home court operator.
[11]
Sidewalks, lighting and landscaping shall be in keeping with surrounding development, the unique features of the site and the health and safety of the occupants of the mobile home court as determined by the Planning Board. Attractive site development and landscaping shall be a consideration in determining the adequacy of the proposed mobile home court.
[12]
All mobile homes located in mobile home parks must be certified by the Electrical Underwriters of NY, LLC, and the Uniform Code as having adequate and safe heating and electrical systems.[2]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[2]
Editor's Note: Original Subsection B(15), Private swimming pool, of the 1986 Code, was repealed 10-11-1994 by L.L. No. 4-1994.
(15)
Private or public utility.
(a)
Such facilities shall not be located on a residential roadway, unless no other site is available, and shall be so located as to necessitate minimal travel of service vehicles over such roadways.
(b)
Adequate fences, barriers and other safety devices shall be provided to provide protection and screening for adjacent uses, as specified by the Planning Board.
(16)
Roadside stand.
(a)
Minimum lot size shall be one acre in the C-C, H-D and R-A Districts and two acres in the R-2 District.
(b)
A minimum of 150 feet of road frontage is required. (See Zoning Schedule for specific requirements by zoning district.[3])
[3]
Editor's Note: The Zoning Schedule is included as an attachment to this chapter.
(c)
Adequate off-street parking shall be provided, as specified by § 306-9F of these regulations.
(d)
The building shall not be closer than 60 feet to the edge of the pavement.
(e)
Only items such as fresh vegetables, fruit and other farm produce may be sold.
(17)
Small business operation.
(a)
Minimum lot size shall be two acres.
(b)
No more than four full-time persons (or the equivalent) shall be employed in any small business operation.
(c)
The operation shall be conducted entirely within an enclosed area.
(d)
Such use shall be located at least 200 feet from any residence, except a residential use on the same parcel, and adequately screened from residential property.
(e)
There shall be adequate off-street parking provided as specified by § 306-9F of these regulations.
(f)
No offensive noise, vibration, glare, dust, fumes, odors or electrical interference shall be produced.
(g)
Signs shall be in conformance with the requirements of § 306-9H.
(18)
Solid waste transfer station.
[Added 5-14-2002 by L.L. No. 2-2002]
(a)
Minimum lot size: 20 acres for a solid waste transfer station. The Planning Board may require a larger minimum lot area and road frontage if necessary to accommodate the nature and scale of the proposed use.
(b)
Such uses shall not be located within 200 feet of any road right-of-way or property line nor within 500 feet of any lake, river or stream nor within 2,000 feet of any public water supply intake.
(c)
All solid waste transfer station operations shall have an approved fencing plan by the Town of Potsdam Planning Board.
(d)
The operator shall be responsible for windblown refuse within 1,000 feet in either direction of the solid waste transfer station entrance.
(e)
Type 1 household appliance disposal, which contain refrigerant. The removal of all refrigerant will be required by a certified employee or subcontractor prior to being shipped off site.
§ 306-9 Supplementary regulations.
The provisions of these regulations shall be subject to such exceptions, additions or modifications as are herein provided by the following supplementary regulations:
A.
Removal of topsoil. Unless permit for commercial excavation has been granted, no person, firm or corporation shall strip, excavate or otherwise remove topsoil for sale or for use other than on the premises from which the same shall be taken, except in connection with the construction or alteration of a building on such premised and excavation or grading incidental thereto.
B.
Height. Height of buildings is not explicitly limited by these regulations. Height may be regulated as part of a special use permit, coordinated development or other procedure where height regulation achieves a purpose of such special process.
C.
Area.
(1)
Reduced lot area. No lot shall be so reduced in area that any required open space will be smaller than that prescribed in the regulations for the district in which said lot is located.
(2)
Visibility at intersections. On a corner lot in any residence district, no fence, wall, hedge or other structure or planting more than 2 1/2 feet in height above the surface of the road shall be erected, placed or maintained within the triangular area formed by the intersecting street lines at points which are 30 feet distant from the point of intersection measured along said street lines.
D.
Yards.
(1)
Front yard depth. In any residence district, notwithstanding the minimum front yard depth required by the schedule of regulations,[1] each dwelling hereafter erected may have a front yard equal in depth to the average depth of the front yards of the lots immediately adjacent thereto on either side, but no front yard shall be less than 20 feet.
[1]
Editor's Note: The schedule is included as an attachment to this chapter.
(2)
Reduction in rear yards. When a lot is less than 100 feet deep at the time of the passage of these regulations, the rear yard may be decreased 1/4 of the distance that the lot depth is less than said 100 feet; provided, however, that no rear yard shall be less than 20 feet in depth.
E.
Transition regulations; lots which fall on or adjacent to zone boundaries.
(1)
Lots in two districts. Where a district boundary line divides a lot in single or joint ownership of record at the time such line is adopted, the regulations for the less restricted portion of such lot shall extend not more than 30 feet into the more restricted portion, provided that the lot has frontage on a street in the less restricted district.
F.
Off-street parking and loading.
(1)
All principal buildings and uses shall provide adequate off-street parking in accordance with the standards listed below. These standards are the minimum requirements. The Planning Board may require a greater number of parking spaces if the nature and scale of a proposed use warrants such provision.
(a)
One- and two-family dwelling or mobile home: two parking spaces for every dwelling unit.
(b)
Multiple-family dwelling: three parking spaces for every two dwelling units.
(c)
Group dwelling: one parking space for every two residents.
(d)
Home occupation: one parking space for every full-time employee, plus one space for every 300 square feet of space devoted to the use.
(e)
Hotel, motel or tourist home: 1.25 spaces for every guest room.
(f)
Restaurant, bar or tavern: 20 parking spaces for every 1,000 square feet of business area, including kitchen, bar, storage areas, etc.
(g)
Retail store, personal service shop, bank, professional or business office or small business operation: one parking space for every 150 square feet of business area.
(h)
Church, theater, club or other area of public assembly: one space for every three seats. Clubs serving food and beverages will be required to meet the standards for restaurants/taverns.
(i)
Lumber, feed sales and storage, heating, plumbing, electrical supplies and repairs, light manufacturing, development or research center and other such industrial, warehouse, wholesale or bulky retail uses: three parking spaces for every 1,000 square feet of business area.
(j)
School, college, municipal building, library, charitable institution and similar uses: one parking space for each full-time employee, including faculty, plus one for every three seats in areas of public assembly. [See Subsection F(1)(h) above.]
(k)
Roadside stand, riding academy, animal hospital or kennel: one space for each employee, plus a minimum of six additional spaces for client and/or customer parking.
(l)
Unspecified uses: to be determined by the Town Planning Board.
(m)
Retail store, shop, professional or business office 100,000 square feet or greater: one parking space for every 300 square feet of business area plus one parking space for each employee on shift.
[Added 11-9-2004 by L.L. No. 8-2004]
(2)
Additional requirements shall be as follows:
(a)
Every building hereafter erected or occupied for the purpose of business or industry shall provide a minimum of one off-street space for loading and unloading of vehicles. As part of any special use permit review, the Planning Board may require that additional loading spaces are provided.
(b)
No parking or storage of any unlicensed motor vehicle shall be permitted in any front yard for more than 10 days in Zoning Districts R-1, R-2 and R-A. Unlicensed vehicles shall be stored in locations which provide visual screening from public roads and adjacent properties.
(c)
Parking facilities shall be designed so as to eliminate the need to back out onto public roads.
(d)
Notwithstanding the above requirements, an observed overload of parking which causes spillover onto neighboring property or road rights-of-way more than three times per month shall constitute a violation of these regulations.
G.
Screening for nonresidential uses. In any case where a commercial or industrial use shall be contiguous to and abut upon any residence district boundary or a residence use, conforming or nonconforming, the Planning Board may require screening on the commercial or industrial property.
H.
Signs.
[Amended 10-11-1994 by L.L. No. 4-1994; 7-14-1997 by L.L. No. 2-1997]
(1)
Administration.
(a)
Permits. No sign shall be erected, enlarged, reworded, redesigned or structurally altered except in accordance with the provisions of this section and/or a permit issued by the Code Enforcement Officer. Unless specifically waived by the Planning Board according to the design review procedure outlined in Subsection H(1)(b) and (c) below, permits shall be authorized only for signs which conform to these regulations.
(b)
Design review. The Planning Board shall serve as a design review committee. The Planning Board may, upon request of the applicant and after design review and public hearing, authorize a sign not in compliance which complies with at least six of the eight guidelines in Subsection H(6) below.
(c)
Procedure.
[1]
Sign permit applications shall be submitted to the Enforcement Officer, accompanied by the following plans and information:
[a]
The name, address and telephone number of the owner or person entitled to possession of the sign and of the sign contractor or erector.
[b]
The location, by street address, of the proposed sign structure.
[c]
A site plan showing the location of all existing and proposed buildings and signs on the property.
[d]
Scale drawings showing the proposed sign, supporting structure and other pertinent information.
[2]
The Enforcement Officer shall, within 10 working days of the application, either approve or deny the permit or refer the application back to the applicant where insufficient information has been furnished. At the request of the applicant, the Enforcement Officer shall refer the application to the Planning Board for design review.
[3]
For signs subject to review, the review will be conducted by the Planning Board at a regular meeting. Prior to the meeting, the applicant shall submit photographs of his premises and those abutting on either side. Permit approval or disapproval shall be determined following the meeting and reported to the Enforcement Officer within 10 working days, unless the applicant requests an extension to facilitate submittal of additional materials or revised design.
(d)
Fees. Application and hearing fees shall be established and revised from time to time by the Town Board.
(2)
General regulations.
(a)
Construction standards. All signs shall comply with the New York State Uniform Fire Prevention and Building Code regarding construction materials, erection and electrical fixtures.
(b)
Maintenance. All signs shall be maintained in a safe and neat condition to the satisfaction of the Enforcement Officer and in accordance with requirements of the New York State Uniform Fire Prevention and Building Code. Structural damage, missing letters or other deterioration obscuring content shall be remedied or the sign shall be removed within 60 days. The Enforcement Officer, after a hearing and determination by the Planning Board, may require removal of any sign found to pose a hazard to public safety.
(c)
Prohibitions.
[1]
Illumination.
[a]
Signs shall be illuminated only by a light which is shielded and directed downward at or internal to the sign.
[b]
No illumination shall be permitted which casts glare onto any residentially used premises or onto any portion of a road so as to create a traffic hazard.
[c]
No sign shall be illuminated after 11:00 p.m. and before 7:00 a.m. unless related to a retail store during hours it is open to the public.
[2]
Location.
[a]
No sign shall be erected at the intersection of any streets or of a street and driveway in such a manner as to obstruct free and clear vision or at any location where, by reason of its position, shape or color, it may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device.
[b]
No signs shall be attached to motor vehicles, trailers or other movable objects regularly or recurrently located for fixed display.
(d)
Removal.
[1]
Any sign for a business, service or activity no longer in existence at a location shall be removed within three months from the date of discontinuation of the business, service or activity. Any wall, surface or other area from which any sign is removed shall be restored so that no remnant of the sign is visible.
[2]
Failure to remove a sign will result in penalties as per § 306-32D.
(3)
Categories of signs. The following categories of signs are permitted:
(a)
On-premises signs. Attached and/or freestanding indicating the name and/or profession of the owner or occupant and the street number. These signs require no sign permit unless indicating a profession or business.
(b)
Off-premises directional signs. A freestanding sign displaying the name, logo/brand name and nature of a business establishment or other operation and designating the location of or the route to the establishment when not on the road to which the sign is oriented. The size of these signs shall be two feet vertically by four feet horizontally. At locations where directions to more than one establishment are to be provided, all such directional information shall be incorporated into a single structure. Each business advertised shall have such space not over eight square feet in area, two feet vertically by four feet horizontally and stacked no more than three signs high. Signs may be lighted only by a steady stationary light. Such signs shall be of metal or fiberglass materials covered with Class A (730-05.01), Type I, engineer-grade reflective sheeting blue in color (Munsell Paper Standard 5.8PB1.3 2/6.8). Lettering shall be white letters no larger than eight inches high or smaller than four inches high and be in proportion to the composition of the message on the sign and the speed of the highway upon which located. One sign per business or other operation shall be permitted on either side of approach to the operation. Signs may not be located closer than 500 linear feet apart along the roadway.
(c)
Temporary signs. On-premises temporary signs shall be allowed following application for permit, provided that they comply with the following:
[1]
Unless otherwise specified in these regulations, temporary signs must comply with all applicable requirements for permanent signs.
[2]
Temporary signs not meeting requirements for permanent signs may, if allowed below, advertise sales, special events or changes in the nature of an operation but shall not otherwise be used to advertise a continuing or regularly recurring business operation and shall be removed promptly when the information they display is out-of-date or no longer relevant.
[3]
Temporary signs may be displayed for a continuous period not to exceed 60 days in a six-month period.
[4]
Renewal or repetitious permits or extensions of temporary sign permits will be subject to approval by the Town Planning Board in regular session.
(d)
Bulletin boards. A bulletin board on the premises of a public, charitable or religious institution Bulletin Boards at or under eight square feet in area require no sign permit.
(e)
Memorial sign or tablet. A memorial sign or tablet indicating the name of the building and/or date of erection, if not exceeding 2% of the area of the wall to which it is attached and if carved into or attached in such way as to be an integral part of the building and without separate illumination; requires no sign permit.
(4)
Permitted signs. Usage of signs in various zoning districts shall be as follows:
(a)
All districts. The following signs are allowed in all zoning districts:
[1]
On-premises signs. One sign, either attached or freestanding, indicating only the name and/or profession of the owner or occupant and the street number. Unless otherwise specified in this regulation, the size of on-premises signs shall be no greater than 50 square feet.
[2]
Off-premises directional signs. One sign per business or other operation shall be permitted on either side of approach to the operation. Signs may not be located closer than 500 linear feet apart along the roadway.
[3]
Temporary signs. One each of not more than 12 feet in area erected for a charitable or religious cause.
[4]
Other special cases. On premises, one but not more than one of the following:
[a]
A temporary sign not larger than eight square feet in area to advertise sales or special events requires no sign permit.
[b]
An unlighted real estate sign not larger than eight square feet in area advertising the sale, rental or lease of the premises or subdivision on which it is erected, no sign permit is required.
[c]
An unlighted sign indicating the name and address of the parties involved in construction on the premises for the duration of the construction requires no sign permit.
[d]
For a development of six or more lots or dwelling units, a real estate sign not larger than 25 square feet at each visible street entrance to the development from a prior existing road requires no sign permit.
[5]
Political signs. Political signs may be emplaced on any premises with permission of the owner and requires no special use permit. Such political signs must be removed within seven days of the election.
[6]
Bulletin boards. One bulletin board as described above per institution.
[7]
Memorial sign or tablet. One sign or tablet as described above.
(b)
Residential zoning districts. In residential districts (R-1, R-2 and R-A), additional permitted signs shall be as follows: a single sign, either attached or freestanding, oriented to each street on which the premises abut, each such sign not to exceed 10 square feet in area, indicating the nonresidential principal use or uses of the premises.
(c)
Other zoning districts. In other districts (C-C, H-D and C-D), additional permitted signs shall be as follows:
[1]
Permanent attached signs. Signs attached to a building or visible through its windows, whether wall, projecting or roof signs, are permitted as follows:
[a]
Number: one per use per street that the premises abut.
[b]
Area: one square foot in sign area for each linear foot of building frontage, not to exceed a maximum of 50 square feet.
[c]
Location: not extending above or beyond the end of the wall or roof to which it is attached.
[2]
Permanent freestanding signs. Signs (other than temporary signs) wholly separated from the ground, not attached to a building, are permitted as follows:
[a]
Number: one for each street the premises abut.
[b]
Area: not to exceed 50 square feet in the C-C District or 100 square feet in the H-D and C-D Districts.
[c]
Location: not within a required side or rear yard or within 15 feet of a front lot line or extending more than 20 feet above adjoining ground level.
[d]
Visibility. Every freestanding sign placed within 30 feet of the curbline of intersecting streets and driveways shall have an open space of at least eight feet from the ground to the base of the sign.
[3]
Temporary signs. Temporary signs, in addition to signs allowed under Subsection H(3)(c)[1], are permitted only if unlighted inside of windows, and they require no sign permit.
(5)
Nonconforming signs. Existing signs which are not in compliance with the provisions of these regulations as of the effective date of this chapter shall be considered nonconforming signs. Provided that such signs were erected in compliance with the 1973 Town Zoning Regulations, they may be retained; however, any alteration or replacement of such signs must be in compliance with the requirements of these regulations. Any sign no longer in use shall be removed.
(6)
Design guidelines. Any applicant who wishes to erect, enlarge, reword, redesign or structurally alter a sign in a manner which does not conform to the specific requirements of these regulations may apply to the Planning Board for design review. The Planning Board may authorize issuance of a permit for a nonconforming sign after public hearing and design review only if it finds that at least six of the following eight design guidelines are met:
(a)
Sign scale is appropriate in relation to development scale, viewer distance and travel speed and sign sizes on nearby structures.
(b)
Sign size, shape and placement serves to define or enhance such architectural elements of the building as columns, sill lines, cornices and roof edges and not to interrupt, obscure or hide them.
(c)
Sign design is not wholly discontinuous with other signage on the same or adjacent structures, providing continuity in mounting location and height, proportions, materials or other important qualities.
(d)
Sign materials, colors, lettering style and form are compatible with building design and use.
(e)
Sign content doesn't overcrowd background (normally not exceeding 40% of background area).
(f)
Sign legibility isn't impaired by excessive complexity, multiple lettering styles or colors or other distracting elements.
(g)
Signs do not display brand names, symbols or slogans of nationally distributed products, except in cases where the majority of the floor or lot area on the premises is devoted to manufacture, sale or other processing of that specific product.
(h)
Signs do not contain selling slogans, product descriptions, help-wanted notice or other advertising which is not an integral part of the name or other identification of the location or the enterprise.
I.
Solar access. All new buildings and structures shall be designed and located so as to preserve the solar access of adjoining properties.
J.
State environmental quality review (SEQR).
(1)
The State Environmental Quality Review Act requires that local governments examine the environmental impact of all actions they permit, fund or construct. Article 8 and Part 617 of Title 6 of the New York Codes, Rules and Regulations are hereby adopted by reference. Refer to Chapter 148 for additional SEQRA regulations and requirements.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
§ 306-10 Nonconforming lots, buildings or uses.
A.
A permitted building or use may be constructed or located on any lot of record which was created prior to March 13, 1973, in any district, even if said lot does not meet the minimum lot area and lot width requirements for said use in the district in which it is located, provided that the following conditions exist or are met:
(1)
The owner of said lot owns no adjoining unimproved land which would create a conforming lot if combined with the lot which is deficient in area or width.
(2)
Any building or use located on a nonconforming lot shall have front, side and rear yards conforming to the minimums required for the district in which said lot is located, except as may be otherwise approved by the Board of Appeals according to the variance process elsewhere provided for under these regulations.
(3)
Adequate provision for water supply and sewage disposal in conformance with New York State Department of Health standards can and will be made on-site.
B.
The lawful use of any land or principal or accessory building or use requiring a permit under these regulations and existing on the effective date of these regulations may be continued although such building or use does not conform to the provisions of these regulations, subject to the following:
(1)
A building or use nonconforming as to location shall not be extended, expanded or altered in any way that will extend or further aggravate the nonconforming features.
(2)
An accessory building or use to a nonconforming situation shall not be expanded or extended beyond the dimension, configuration or extent of occupation as of the effective date of these regulations in any manner that would extend or further aggravate the nonconforming situation.
(3)
A building or use nonconforming as to use shall not be extended, expanded or altered during its life to an extent exceeding in aggregate 50% of the size of such building or use on the effective date of these regulations, unless such building or use is changed to conform to these regulations.
(4)
A nonconforming use may be changed to another nonconforming use only upon a determination by the Board of Appeals, according to the variance procedure, that the proposed use is equally or more closely conforming to the requirements of the applicable zoning district.
(5)
Whenever a nonconforming agricultural operation has been discontinued for a period of five years or whenever any other nonconforming use has been discontinued for a period of three years or more, any future use shall be in conformity with the provisions of these regulations.
(6)
A nonconforming building or use which has been damaged by fire or other natural causes may be restored, reconstructed or used as before, provided that the bulk, height and area requirements shall not exceed that which existed before said damage. Said restoration must be completed and a certificate of compliance issued within one year of such occurrence; except as application may be made to and considered by the Board of Appeals, which Board may, for due cause shown, authorize such extension as it may determine appropriate within which to complete the project and obtain the certificate of compliance.
(7)
Any building or use for which a permit has been lawfully granted and on which construction has been started and diligently prosecuted before the effective date of these regulations may be completed, provided that the building or use shall be completed and a certificate of compliance issued within one year from such effective date; except as application may be made to and considered by the Board of Appeals, which Board may, for due cause shown, authorize such extension as it may determine appropriate within which to complete the project and obtain the certificate of compliance.