Sardinia City Zoning Code
ARTICLE IV
District Regulations
§ 115-18 District regulations; purpose.
In order to regulate growth and development in the Town of Sardinia, no land shall be used or no land use or accessory use shall be established on any lot except in accordance with the list of permitted uses, the district regulations for such uses and supplemental regulations established in the other sections of this chapter. For each zoning district enumerated in § 115-14, the following regulations are established to list permitted uses for each district; permitted accessory uses; the minimum land area required; the location of buildings and structures; maximum allowable heights of structures and maximum permitted densities.
§ 115-19 AR Agricultural-Residential District; purpose.
The intent of the AR Agricultural-Residential District is to encourage the use of land that for agrarian purposes and to limit the density and location of residential development within the district to preserve existing agrarian practices and to protect prime farmland soils for future agrarian purposes.
A.
Permitted structures and uses.
(1)
Principal uses.
(a)
Agricultural uses and structures to support such uses.
(b)
Commercial keeping of agricultural animals.
(c)
Crop production.
(d)
Dairy farming.
(e)
Forestry (without milling operations).
(f)
Poultry production.
(g)
Plant nurseries/greenhouses.
(h)
Places of worship.
(i)
Single-family dwellings, attached single-family dwellings (townhomes and two-family dwellings).
[Amended 6-9-2011 by L.L. No. 2-2011]
(j)
Seasonal-use cottages.
(k)
Mined Land Overlay District. Sand, clay and gravel mines are permitted uses within the overlay district set forth in the attached map, provided that the property owner obtains a New York State Department of Environmental Conservation mining permit where conditions set by the New York State Department of Environmental Conservation or by declarations of restrictions recorded with the Erie County Clerk by the property owner require as follows:
[Added 12-13-2012 by L.L. No. 3-2012]
[1]
Concurrent reclamation to the maximum extent possible; and
[2]
Mitigation for the loss of prime farmland as a result of mining and reclamation shall proceed on an acre-for-acre basis as prime farmland is permanently removed from production. For every acre permanently removed from production, another off site must be benefitted or improved within one year from said removal. Said mitigation shall be located in the Town of Sardinia. Acceptable mitigation methods shall include, but not be limited to, assisting Town of Sardinia farmers by offering grading, drainage and erosion control improvements with machinery, personnel or funds or securing development rights and conservation easements on other properties. Holder of mining permit to submit to the Sardinia Town Board, Sardinia Planning Board and Sardinia Town Clerk, to be available for public review, a summary of mitigation projects accepted by Erie County Soil and Water Conservation District, including locations, acreages and methods.
(l)
Tier 1 solar energy systems.
[Added 5-13-2021 by L.L. No. 1-2021]
(m)
Tier 1 battery energy storage systems.
[Added 5-13-2021 by L.L. No. 2-2021]
(2)
Principal uses by Town Board special use permit or Zoning Board of Appeals permission (as shown by ZBA).
(a)
Commercial riding stables/equestrian facilities.
(b)
Nursing home/assisted living facility.
(c)
Kennel.
(d)
Veterinary clinic.
(e)
Private storage building not accessory to a dwelling. (ZBA special permit).
(f)
Tier 3 solar energy systems.
[Added 1-12-2017 by L.L. No. 1-2017; amended 5-13-2021 by L.L. No. 1-2021]
(g)
Tier 4 solar energy systems.
[Added 5-13-2021 by L.L. No. 1-2021]
(h)
Tier 2 battery energy storage systems.
[Added 5-13-2021 by L.L. No. 2-2021]
(3)
Accessory uses by Zoning Board of Appeals special use permit.
(a)
Home-based business as defined by this chapter.
(4)
Accessory uses permitted as of right.
(a)
Customary agricultural accessory uses/structures (excluding windmills).
(b)
Noncommercial keeping of agricultural animals as regulated by this chapter, including a stable for such animals.
(c)
Accessory home office as defined in this chapter.
(d)
Roadside stand not to exceed 200 square feet in area. Initial location to be approved by the Building Department, stand to be removed at the end of each growing season.
(e)
Accessory sales to plant nurseries/greenhouses, limited to 1,000 square feet maximum.
(f)
Storage building for personal belongings, detached garage accessory to single-family dwelling or seasonal cottage, shed, pool house or gazebo, providing the cumulative area of all such accessory structures does not exceed 100% of the perimeter area of the principal dwelling.
(g)
Tier 2 solar energy systems.
[Added 1-12-2017 by L.L. No. 1-2017; amended 5-13-2021 by L.L. No. 1-2021]
(i)
Other customary accessory uses.
(5)
Yard, bulk, lot area and height requirements. See "Schedule of Yard, Bulk, Lot Area and Heights" in appendix[2] for required building setbacks, maximum densities, minimum lot areas, minimum lot widths and maximum building and/or structure heights.
[2]
Editor's Note: Said schedule is included as Attachment 1 to this chapter.
§ 115-20 HR-Hamlet Residential District; purpose.
The intent of the HR-Hamlet Residential District is to provide for land areas devoted for infill residential development within the Town's two established hamlets, encouraging residential development around the Town's centers away from agrarian practices and prime farmland soils with a maximum density of one dwelling unit per 20,000 square feet of land area.
A.
Permitted structures and uses.
(1)
Principal uses.
(a)
Single-family dwelling.
(b)
Attached single-family dwellings (townhomes and two-family dwellings).
[Amended 6-9-2011 by L.L. No. 2-2011]
(c)
Multifamily dwellings (apartments).
[Amended 6-9-2011 by L.L. No. 2-2011]
(d)
Tier 1 solar energy systems.
[Added 5-13-2021 by L.L. No. 1-2021]
(e)
Tier 1 battery energy storage systems
[Added 5-13-2021 by L.L. No. 2-2021]
(2)
Accessory uses by Zoning Board of Appeals special use permit.
(a)
Home-based business as defined by this chapter.
(b)
Tier 2 solar energy systems.
[Added 5-13-2021 by L.L. No. 1-2021]
(c)
Tier 3 solar energy systems.
[Added 5-13-2021 by L.L. No. 1-2021]
(d)
Tier 4 solar energy systems.
[Added 5-13-2021 by L.L. No. 1-2021]
(e)
Tier 2 battery energy storage systems
[Added 5-13-2021 by L.L. No. 2-2021]
(3)
Accessory uses permitted as of right.
(a)
Shed, pool house, gazebo or swimming pool.
(b)
Detached garage accessory to single-family dwelling or dwelling groups, limited to a maximum of 50% of principal dwelling floor area.
(c)
Community meeting rooms/recreation buildings accessory to dwelling groups.
(d)
Accessory home office as defined in this chapter.
(e)
Roof-mounted solar energy system as regulated by this chapter.
[Added 1-12-2017 by L.L. No. 1-2017]
(f)
Ground-mounted solar energy system as regulated by this chapter.
[Added 1-12-2017 by L.L. No. 1-2017]
(g)
Other customary accessory uses.
(4)
Yard, bulk, lot area and height requirements: See "Schedule of Yard, Bulk, Lot Area and Heights" in appendix[1] for required building setbacks, maximum densities, minimum lot areas, minimum lot widths and maximum building and/or structure heights.
[1]
Editor's Note: Said schedule is included as Attachment 1 to this chapter.
§ 115-21 HB-Hamlet Business District; purpose.
The intent of the HB-Hamlet Business District is to provide land area for mixed-use commercial and residential development consistent with traditional neighborhood design. Development which is pedestrian in scale and consistent with the historic and visual character of the Town's two hamlets.
A.
Permitted structures and uses.
(1)
Principal uses.
(a)
Administrative/medical offices.
(b)
Assembly hall/meeting room.
(c)
Banks/credit unions.
(d)
Beauty, barber and personal care.
(e)
Bed-and-breakfast.
(f)
Cafe, restaurant or coffee shop.
(g)
Child/adult day-care centers.
(h)
Convenience store.
(i)
Fitness or athletic club.
(j)
Hardware store/building supply (20,000 square feet maximum).
(k)
Liquor store.
(l)
Nightclub, bar or tavern.
(m)
Nursing home/assisted living center.
(n)
Retail sales (20,000 square feet maximum).
(o)
Single-family dwellings.
(p)
Attached single-family dwellings (townhomes and two-family dwellings).
[Amended 6-9-2011 by L.L. No. 2-2011]
(q)
Multifamily dwellings (apartments).
[Amended 6-9-2011 by L.L. No. 2-2011]
(r)
Tier 1 solar energy system.
[Added 5-13-2021 by L.L. No. 1-2021]
(s)
Tier 1 battery energy storage systems
[Added 5-13-2021 by L.L. No. 2-2021]
(2)
Accessory uses.
(a)
Second-story residential uses accessory to first-story business.
(b)
Exterior display of product as regulated by this chapter.
(c)
Exterior dining as regulated by this chapter.
(d)
Signs as regulated by this chapter.
(e)
Parking, stacking and loading areas as regulated by this chapter.
(f)
Tier 2 solar energy system.
[Added 1-12-2017 by L.L. No. 1-2017; amended 5-13-2021 by L.L. No. 1-2021]
(g)
Tier 3 solar energy system.
[Added 1-12-2017 by L.L. No. 1-2017; amended 5-13-2021 by L.L. No. 1-2021]
(h)
Other customary accessory uses.
(i)
Tier 4 solar energy system.
[Added 5-13-2021 by L.L. No. 1-2021]
(j)
Tier 2 battery energy storage systems
[Added 5-13-2021 by L.L. No. 2-2021]
(3)
Yard, bulk, lot area and height requirements. See "Schedule of Yard, Bulk, Lot Area and Heights" in appendix[1] for required building setbacks, maximum densities, minimum lot areas, minimum lot widths and maximum building and/or structure heights.
[1]
Editor's Note: Said schedule is included as Attachment 1 to this chapter.
§ 115-22 LC-Limited Commercial District; Purpose.
The intent of the LC-Limited Commercial District is to provide for land areas devoted to commercial use, adjacent to those portions of the Town's regional arterial highways which can accommodate commercial development on sites that do not pose constraints due to steep slopes or sites, which do not pose potential traffic safety hazards to vehicular users of the regional arterial highways.
A.
Permitted structures and uses.
(1)
Principal uses.
(a)
Administrative/medical offices.
(b)
Assembly hall/meeting room.
(c)
Banks.
(d)
Beauty, barber and personal care.
(e)
Bed-and-breakfast.
(f)
Cafe, restaurant or coffee shop.
(g)
Campground.
[Added 6-9-2011 by L.L. No. 2-2011]
(h)
Child/adult day-care centers.
(i)
Convenience store, shopping center/supermarket and other retail sales.
(j)
Fitness or athletic club, indoor recreational sports.
(k)
Funeral homes.
(l)
Furniture, floor covering store, hardware store/building supply.
(m)
Hotel/motel.
(n)
Indoor entertainment, bowling alley, movie theaters.
(o)
Kennel.
(p)
Landscape nursery.
(q)
Laundromat, dry cleaners.
(r)
Liquor store.
(s)
Nightclub, bar or tavern.
(t)
Nursing home/assisted living center.
(u)
Printing, publishing and engraving facilities.
(v)
Self-storage facility.
(w)
Veterinary clinic.
(x)
Welding and fabrication.
(y)
Tier 1 solar energy systems.
[Added 5-13-2021 by L.L. No. 1-2021]
(z)
Tier 1 battery energy storage systems
[Added 5-13-2021 by L.L. No. 2-2021]
(2)
Principal uses by Town Board special use permit.
(a)
Adult entertainment.
(b)
Auto lease, rental.
(c)
Building trades, contractor's office and storage yard.
(d)
Car wash, detail shop.
(e)
Collision shop.
(f)
Communication facilities.
(g)
Farm equipment sales and accessory service.
(h)
Food processing.
(i)
Laboratories for research, testing, and product development.
(j)
Miniature golf, golf driving range and commercial outdoor recreational sports.
(k)
Motor vehicle repair shop.
(l)
New and used auto sales and accessory service.
(m)
Petroleum sales/convenience.
(n)
Recreational vehicle sales.
(o)
Truck, trailer sales and rental.
(p)
Tier 3 solar energy systems.
[Added 5-13-2021 by L.L. No. 1-2021]
(q)
Tier 4 solar energy systems.
[Added 5-13-2021 by L.L. No. 1-2021]
(r)
Tier 2 battery energy storage systems
[Added 5-13-2021 by L.L. No. 2-2021]
(3)
Accessory uses.
(a)
Exterior display of product as regulated by this chapter.
(b)
Exterior dining as regulated by this chapter.
(c)
Exterior storage as regulated by this chapter.
(d)
Signs as regulated by this chapter.
(e)
Parking, stacking and loading areas as regulated by this chapter.
(f)
Tier 2 solar energy systems.
[Added 1-12-2017 by L.L. No. 1-2017; amended 5-13-2021 by L.L. No. 1-2021]
(h)
Other customary accessory uses.
(4)
Yard, bulk, lot area and height requirements: See "Schedule of Yard, Bulk, Lot Area and Heights" in appendix[2] for required building setbacks, maximum densities, minimum lot areas, minimum lot widths and maximum building and/or structure heights.
[2]
Editor's Note: Said schedule is included as Attachment 1 to this chapter.
§ 115-23 BL-Business-Light Industrial District; purpose.
The intent of the BL-Business-Light Industrial District is to provide for land areas which allow for the mix of commercial and light manufacturing uses along the Town's regional arterial highways, where existing commercial and light manufacturing land uses are currently concentrated, and which benefit from adjacent regional transportation corridor.
A.
Permitted structures and uses.
(1)
Principal uses.
[Amended 2-21-2007 by L.L. No. 1-2007; 6-9-2011 by L.L. No. 2-2011]
(a)
Administrative/medical offices.
(b)
Assembly hall/meeting room.
(c)
Banks.
(d)
Beauty, barber and personal care.
(e)
Building trades, contractor's office with storage yard.
(f)
Cafe, restaurant or coffee shop.
(g)
Campground.
(h)
Child/adult day-care centers.
(i)
Convenience store, department or discount store, shopping.
(j)
Center/supermarket and retail sales.
(k)
Facility permitted by the New York State Department of Environmental Conservation for the recapture of methane gas for beneficial reuse or to provide a mechanism to recapture at a solid waste landfill, whether preexisting or permitted by special exception under this chapter.
(l)
Farm equipment sales and accessory service.
(m)
Fitness or athletic club, indoor recreational sports.
(n)
Food processing.
(o)
Funeral homes.
(p)
Furniture, floor covering store, hardware store/building supply.
(q)
Hotel/motel.
(r)
Indoor entertainment, bowling alley, movie theaters.
(s)
Kennel.
(t)
Laboratories for research, testing, and product development.
(u)
Landscape nursery.
(v)
Laundromat, dry cleaners.
(w)
Light manufacturing.
(x)
Liquor store.
(y)
Mixed-use developments/planned unit developments (PUD).
(z)
Nightclub, bar or tavern.
(aa)
Nursing home/assisted living center.
(bb)
Printing, publishing and engraving facilities.
(cc)
Recreational vehicle sales.
(dd)
Single-family dwellings, attached single-family dwellings (townhomes and two-family dwellings) and multifamily dwellings (apartments) when part of a planned unit development.
(ee)
Self-storage facility.
(ff)
Veterinary clinic.
(gg)
Warehousing/distribution.
(hh)
Welding and fabrication.
(ii)
Tier 1 solar energy systems.
[Added 5-13-2021 by L.L. No. 1-2021]
(jj)
Tier 1 battery energy storage systems
[Added 5-13-2021 by L.L. No. 2-2021]
(2)
Principal uses by Town Board special use permit.
(a)
Auto lease, rental.
[Added 6-9-2011 by L.L. No. 2-2011]
(b)
Car wash, detail shop.
[Added 6-9-2011 by L.L. No. 2-2011]
(c)
Collision shop.
(d)
Cement and cement products manufacturing (excluding extraction or mining).
(e)
Communication facilities.
(f)
Lumber mill.
(g)
Miniature golf, golf driving range and commercial outdoor recreational sports.
(h)
Motor vehicle repair shop.
(i)
New and used auto sales and accessory service.
(j)
Open storage yards for distribution of previously prepared products.
(k)
Petroleum sales/convenience.
(l)
Solid waste landfill as regulated by NYSDEC.
(m)
Truck terminal.
(n)
Truck, trailer sales and rental.
(o)
Tier 3 solar energy systems.
[Added 5-13-2021 by L.L. No. 1-2021]
(p)
Tier 4 solar energy systems.
[Added 5-13-2021 by L.L. No. 1-2021]
(q)
Tier 2 battery energy storage systems
[Added 5-13-2021 by L.L. No. 2-2021]
(3)
Accessory uses.
(a)
Exterior display of product as regulated by this chapter.
(b)
Exterior dining as regulated by this chapter.
(c)
Exterior storage as regulated by this chapter.
(d)
Signs as regulated by this chapter.
(e)
Parking, stacking and loading areas as regulated by this chapter.
(f)
Tier 2 solar energy system.
[Added 1-12-2017 by L.L. No. 1-2017; amended 5-13-2021 by L.L. No. 1-2021]
(h)
Other customary accessory uses.
(4)
Yard, bulk, lot area and height requirements: See "Schedule of Yard, Bulk, Lot Area and Heights" in appendix[2] for required building setbacks, maximum densities, minimum lot areas, minimum lot widths and maximum building and/or structure heights.
[2]
Editor's Note: Said schedule is included as Attachment 1 to this chapter.
§ 115-24 GCF-Government-Community Facilities District; purpose.
The intent of the GCF-Government-Community Facilities District is to designate land areas for public and semipublic facilities, including governmental, religious, educational, protective and other civic facilities, in order to ensure the proper location of such facilities in relation to transportation and other land uses within the Town, compatibility of such facilities with adjacent development and proper site design and land development.
A.
Permitted uses.
(1)
Principal structures and uses.
(a)
Cemeteries, including mausoleums, provided that mausoleums shall be a distance of at least 200 feet from any adjoining residence district.
(b)
Colleges, universities, technical and theological schools, including their buildings owned or leased for administrative and faculty offices, classrooms, laboratories, chapels, auditoriums, lecture halls, libraries, student and faculty centers, athletic facilities, dormitories, fraternities and sororities, and multifamily apartment dwellings for housing students or staff members.
(c)
Fire stations.
(d)
Governmental structures and uses.
(e)
Human health care institutions providing inpatient care.
(f)
Not-for-profit institutions providing care and protection of persons.
(g)
Schools.
(h)
Places of worship.
(i)
Public utility stations and exchanges.
(j)
Other civic uses, including museums, libraries, senior centers, youth centers, places for public assembly, fraternal organizations, private clubs and civic associations.
(k)
Tier 1 solar energy systems.
[Added 5-13-2021 by L.L. No. 1-2021]
(l)
Tier 1 battery energy storage systems
[Added 5-13-2021 by L.L. No. 2-2021]
(2)
Accessory uses.
(a)
Uses customarily accessory to the above uses.
(b)
Signs as regulated by this chapter.
(c)
Parking, stacking and loading areas as regulated by this chapter.
(d)
Private schools and day-care centers as regulated by New York State accessory to a place of worship.
(e)
Tier 2 solar energy systems.
[Added 1-12-2017 by L.L. No. 1-2017; amended 5-13-2021 by L.L. No. 1-2021]
(f)
Tier 3 solar energy systems.
[Added 1-12-2017 by L.L. No. 1-2017; amended 5-13-2021 by L.L. No. 1-2021]
(g)
Tier 2 battery energy storage systems
[Added 5-13-2021 by L.L. No. 2-2021]
(3)
Yard, bulk, lot area and height requirements: See "Schedule of Yard, Bulk, Lot Area and Heights" in appendix[1] for required building setbacks, maximum densities, minimum lot areas, minimum lot widths and maximum building and/or structure heights.
[1]
Editor's Note: Said schedule is included as Attachment 1 to this chapter.
§ 115-25 PR-Parks, Recreation and Conservation District; purpose.
The intent of the PR-Parks, Recreation and Conservation District is to provide for land areas within the Town that are devoted to public and private recreational open space for passive/active recreational purposes and the conservation of natural resources.
A.
Permitted uses.
(1)
Principal structures and uses.
(3)
(4)
Yard, bulk, lot area and height requirements: See "Schedule of Yard, Bulk, Lot Area and Heights" in appendix[2] for required building setbacks, maximum densities, minimum lot areas, minimum lot widths and maximum building and/or structure heights.
[2]
Editor's Note: Said schedule is included as Attachment 1 to this chapter.
§ 115-26 PFO-Prime Farmland Overlay District; purpose.
A.
The Town of Sardinia recognizes that prime farmland soils are an invaluable resource which sustains the agrarian practices of the community and which helps sustain the state and local economies. Farming and agricultural uses are further recognized by the Town as the preferred land use, and which contribute to the Town's character and identity as a rural community. Therefore, consistent with the Town's Comprehensive Plan goal of promoting the continued viability of agriculture and retention of farmland, the Town hereby establishes a Prime Farmland Overlay District (PFO) which will serve to balance the demand to convert lands which have prime farmland soils to more intensive land uses, with the community's goal of promoting the retention of productive farmland for future generations.
B.
Mechanisms to achieve balance. In order to achieve a balance among competing land uses on those lands which have prime farmland soils, the Town may consider compensatory agricultural lands as mitigation for the loss of actively used prime farmland soils, or the acquisition of development rights to mitigate for the loss of prime farmland soils. Mitigation of prime farmland soil losses serves the general welfare of the community by conserving, protecting and encouraging the development and improvement of its agricultural land for production of food and other agricultural products; and further recognizes that farmland soils are a valued natural and ecological resource, which provides needed open spaces for clean airsheds as well as aesthetic purposes; and further recognizes that such land resources, when utilized for agricultural purposes, contribute to the wealth of the local and state economy. Therefore, the Town hereby recognizes and promotes the use of:
§ 115-27 Location of Prime Farmland Soils Overlay (PFO) District.
[Amended 6-9-2011 by L.L. No. 2-2011]
The location of the Prime Farmland Soils Overlay (PFO) District is as shown on the Overlay District Map which is a supplement to the Official Zoning Map. Field evidence by a qualified soil scientist may be considered by the Planning Board when the accuracy of the PFO District boundary is disputed.
§ 115-28 Uses permitted within Prime Farmland Soils Overlay (PFO) District.
The following uses, if also permitted by the underlying zoning district, shall be the uses permitted within the PFO District, unless restricted by the regulations of the Conservation Protection Overlay (CPO) District as stated elsewhere in this article.
A.
Agricultural uses listed as permitted in the AR-Agricultural-Residential Zoning District pursuant to § 115-19 of this chapter, and within other primary zoning districts regardless of the underlying zoning district.
B.
Commercial, nonagricultural uses listed as permitted in the underlying zoning district with consideration given for the preservation of such lands which are actively utilized for agrarian purposes. Consideration by the Town to preserve such actively used prime farmland soils may include:
C.
Nonagricultural residential single-family homes and seasonal cottages listed as permitted in the underlying zoning district, providing that the number of such residential single-family homes or seasonal-use cottages shall be based on the following sliding scale density table shown below, and based on the size of the original tract of land at the time of adoption of this chapter.
D.
A density bonus of four times the allowable density shall be permitted if the landowner divides his/her original tract consistent with an open space development design and such lots for the dwelling units do not exceed one acre. The open space preserved with a density bonus must be placed within a conservation easement, or such open space is deed-restricted, limiting all future uses in perpetuity to agricultural uses. The density bonus shall only apply to that acreage of the original tract which is within the Prime Farmland Soils Overlay (PFO) District.
Density Bonus Table: | ||
|---|---|---|
Size of Original Tract and/or Acres of Original Tract Within PFO | Dwellings Permitted | Dwellings With Bonus Incentive |
1 but less than 5 | 1 | N/A |
5 but less than 15 | 2 | 8 |
15 but less than 35 | 3 | 12 |
35 but less than 65 | 4 | 16 |
65 but less than 105 | 5 | 20 |
105 but less than 145 | 6 | 24 |
145 but less than 185 | 7 | 28 |
185 but less than 225 | 8 | 32 |
Over 225 | 1 per 25 acres | 4 times number of dwellings permitted |
§ 115-29 Acceptance of conservation easements/deed restrictions.
A.
Prior to a permit being issued for development of land within a Prime Farmland Soils Overlay (PFO) District in which lands will be conserved via conservation easement, deed restriction or the purchase of another party's development rights, such instrument limiting the development rights of the land in question shall be reviewed by the Town Attorney prior to being recorded.
B.
A landowner may assign the development rights which have been conserved on his/her land, or purchased of another party's land, to a land trust or other bona fide organization with the approval of the Town Board.
§ 115-30 CPO-Conservation Protection Overlay District; purpose.
A.
The Town of Sardinia recognizes that natural features such as steep slopes, wetlands, streams and floodplains, if not safeguarded from physical alteration and development, such alteration and development can create cumulative negative impacts to the health, safety and general welfare of the community. Construction on steep slopes can contribute to erosion and soil destabilization; the placement of habitable or occupied structures within floodplains can place persons and property in physical danger; and the destruction of wetlands can cause water quality degradation, destroy natural habitat for wildlife, disrupt wildlife ecosystems and cause increases in flooding. Therefore, the Town hereby establishes a Conservation Protection Overlay District (CPO) consistent with the natural resource and environmental protection goals adopted in the Town's Comprehensive Plan.
B.
Location of Conservation Protection Overlay District (CPO). The location of the Conservation Protection Overlay District is as shown on the Overlay District Map which is a supplement to the Official Zoning Map. Field evidence by a qualified soil scientist may be considered by the Planning Board when the accuracy of the CPO District boundary is disputed.
[Amended 6-9-2011 by L.L. No. 2-2011]
C.
The requirements of this section are in addition to the requirements of the underlying zoning district.
D.
Permitted uses. The following uses, if also permitted by the underlying zoning district, shall be the uses permitted within the CPO-Conservation Protection Overlay District, providing that the uses do not require structures, the creation of impervious surfaces, excavation, fill or storage of materials or equipment, except as specified herein.
(1)
Agricultural uses.
(2)
Conservation open spaces.
(3)
Golf courses.
(4)
Natural and passive recreational parks.
(5)
Fishing, hunting, trapping and game preserves.
(6)
Rifle/archery ranges.
(7)
Ski resorts/winter recreation activities.
(8)
Lawns, garden and play areas associated with residential uses.
(9)
Cutting and removal of dead or individual trees for the purpose of maintaining the health or viability of a woodlot or for safety.
(10)
Nonhabitable structures associated with uses permitted herein.
(11)
Single-family dwellings, seasonal-use cottages and their appurtenant utilities and accessory structures. The minimum lot size shall be five acres. Lots partially within the CPO may be less than five acres, provided that:
(12)
Roads, to the minimum extent required to access permitted and special permitted uses, bridges, utility transmission lines, underground utilities, pipelines and water retention or detention facilities.
§ 115-31 MHP-Manufactured Housing Park District.
A.
The Manufactured Housing Park District (MHP) is hereby established as a floating zone with potential applicability to any property in the Town. The boundaries of each MHP-Manufactured Housing Park District shall be fixed by amendment to the Official Zoning Map wherever this district is applied. A metes and bounds description of each such district shall be kept on file in the office of the Town Clerk. Although it is anticipated that MHP-Manufactured Housing Park District rezoning applications will be submitted on a voluntary basis by applicants, the Town Board may, on its own motion, rezone property to an MHP-Manufactured Housing Park District.
B.
Purpose. The Town recognizes the importance of providing affordable housing opportunities to individuals and recognizes that alternative housing types, such as manufactured homes, allow home ownership possible to those individuals that cannot otherwise afford traditional stick-built housing. The purpose of these regulations is to provide standards for the location of manufactured housing developments which recognize the Town's aesthetic value of maintaining its rural character; limit densities of units to protect and conserve prime farmland soils; promote public health, safety and general welfare of the community and govern the installation and occupancy of manufactured homes.
C.
Special use permit required. Prior to the development of a manufactured home park, the Town Board must issue a special use permit for the establishment of the manufactured home park location.
D.
Standards for issuance of a special use permit:
(1)
The Town Board may approve the establishment of a manufactured home park, providing that:
(a)
The location of the development does not detract from important rural vistas; and
(b)
The site is of sufficient size, with consideration given to topography, stability of soils, sufficiency of potable water and the site's ability to dispose of sanitary waste; and
(c)
The development avoids unique natural features, prime farmland soils and/or significant environmental features, such as wetlands, floodplains or forest communities; and
(d)
The site provides adequate buffers from unlike or incompatible land uses; and
(e)
The development does not create a significant demand for additional community services.
(2)
Failure of a special permit applicant to demonstrate that the above standards will be met is justification for denial of a special permit request. The Town has the right require applicants to provide sufficient documentation, including, but not limited to, submission of site concept plans, topography surveys, line-of-sight drawings, geotechnical studies, wetland delineations or other technical data to assist in rendering a decision on the suitability of the chosen location.
E.
Minimum information to support a request for a manufactured home park special use permit. The following minimum information must be included with a request for a special use permit:
(1)
The location, boundaries, dimensions and topography of the tract of land proposed to be used for the manufactured home park.
(2)
The location of any adjacent structures within 100 feet of the proposed manufactured home park.
(3)
The number, location and size of all spaces reserved for manufactured homes.
(4)
The boundaries of and facilities to be included as recreation areas.
(5)
The location and size of roads, walks and outdoor areas.
(6)
The location of any proposed structures other than manufactured homes, i.e., community buildings, community pools, etc.
(7)
A description of the type and capacity of water supply; proposed method of sewage treatment and disposal; the proposed method of storm drainage and the proposed location of all such facilities.
(8)
A description of any and all landscaping within and/or on the perimeter of the mobile home park, exclusive of individual lots.
(9)
A description of proposed design standards for roads and other infrastructure.
(10)
The location of any natural resources, including wetlands, prime farmland soils, and forest communities, or development constraints such as unstable soils or floodplains.
F.
Site plan approval required. Prior to the development of a manufactured home park and subsequent to the issuance of a special use permit by the Town Board, a manufactured home park site plan must be approved by the Town Planning Board. A site development plan must be submitted and be based on the minimum design standards listed in this section.
G.
Design standards for a manufactured home park:
(1)
Density. Manufactured home parks cannot exceed 0.69 units per gross acre.
(2)
Manufactured home lot/space. Each manufactured home lot or space shall be at least 55 feet wide and shall contain a minimum of 6,600 square feet, of which no more than 30% shall be occupied by the manufactured home stand. Each manufactured home lot shall abut on a park street with access to a public highway. Such lots shall be clearly defined, and manufactured homes shall be sited on such lots so that no manufactured home will be:
(a)
Less than 20 feet from any other mobile home. If a garage or carport is added, it must be at least five feet from the side yard boundary.
(b)
Less than 150 feet from any public right-of-way. However, the Planning Board may, for stated reasons, recommend a greater setback. The minimum setback shall not be used for accessory uses, such as recreation or vehicular parking. If such setback area is part of the mobile home park premises, such setback area shall be satisfactorily landscaped as designated on the manufactured home park site plan or maintained in a natural state if deemed appropriate by the Planning Board.
(c)
Less than 150 feet from any property line of property abutting the manufactured home park site, or 250 feet from any dwelling or existing building outside of the boundary of the manufactured home park, except that the Planning Board may permit a lesser buffer if local conditions so warrant it. Under no circumstances shall this buffer be less than 150 feet.
(d)
Less than 25 feet from any park street, as measured from the near edge of the pavement.
(e)
Less than 15 feet from the rear line of any manufactured home lot or space.
(3)
Vehicular access. Suitable vehicular access shall be provided to each manufactured home park lot. Each park street shall be well-marked and continuous and shall connect with a street or highway at a ninety-degree angle, and at least a twenty-eight-foot pavement width shall be improved and maintained with an all-weather hard surface on a suitable base, subject to the approval of the Town Engineer. All park streets shall be illuminated with streetlights. All such lights shall have electrical wiring underground and mounting heights not exceeding 25 feet from grade. The type of streetlight design shall be approved as part of the site plan approval. The use of wooden utility poles shall not be permitted for streetlighting.
(4)
Driveways. Driveways serving individual manufactured homes shall not be less than 14 feet in width and shall be improved and maintained with an all-weather hard surface of either bituminous macadam or concrete, on a suitable base. The driveway shall extend a minimum of 20 feet beyond the required twenty-five-foot front building setback, but in no case shall it extend beyond the mobile home stand.
(5)
Recreational space. An area or areas restricted to recreational use shall be provided for the residents of the manufactured home development. A minimum of 25% of the developable land area of the manufactured home site shall be made available in one or more places within the park for recreational space. The Planning Board may require suitable fencing and landscaping of such areas for screening purposes. If it is determined that recreation land is not appropriate, then money in lieu of land shall be provided for each dwelling unit based on fees established by the Town Board for compensatory recreational space.
(6)
Pedestrian walks. A five-foot-wide concrete walk shall be provided for internal pedestrian mobility. The walk shall be a minimum of eight feet from the edge of the street and shall be arranged so that all manufactured homes are linked to said walk and that linkages are made to recreation areas or other community facilities.
(7)
Trees and landscaping. A 2.5-inch-caliper shade tree shall be provided in front of each manufactured home between the edge of street and the pedestrian walk. Foundation plantings shall be provided along the street side of each manufactured home. A landscaping plan with planting schedule for all trees and foundation plantings shall be approved as part of the site plan approval.
(8)
Utilities:
(a)
Each mobile home lot shall be provided with a water supply connection, sanitary drainage connection and an electrical receptacle.
(b)
Utility connections, including gas connections, where provided, shall be readily accessible at the mobile home stand and shall have the means for safe and efficient hookup to the mobile home.
(c)
Water supply systems shall be designed to provide a sufficient supply of potable water under adequate pressure to outlets servicing mobile homes, community structures, drinking fountains, hose connections, hydrants, etc. A potable water supply approved by the Erie County Health Department shall be provided to each manufactured home in the amount not less than 150 gallons per home per day.
(d)
The use of exterior solid-fuel furnaces shall be prohibited.
(e)
The use of heating oil or other liquid fuels shall be prohibited. All fuel for heating, cooking or as an energy source for each manufactured home or other principal building shall be natural gas or liquefied petroleum gas (LPG). All storage tanks for LPG shall be to the rear of the manufactured home or effectively screened from the road, and be protected from vehicular impact.
(f)
All electrical distribution lines, telephone lines, gas lines, sanitary service, cable service and similar utilities serving each manufactured home or other principal building within the park itself shall be underground. Overhead distribution or service lines shall be prohibited.
(9)
Storm drainage. Manufactured home parks shall be designed so that there is not a net increase in stormwater runoff. A storm drainage plan shall be prepared by a New York State licensed design professional showing the location of all storm drainage intakes, manholes, storm sewers, swales and retention or detention basins. Rim and invert elevations shall be provided on all structures, and the design shall be based on a recent topography survey. Storm drainage calculations shall support all drainage plans using the Erie and Niagara Counties Regional Planning Board Storm Drainage Design Manual or other recognized reference standard.
(10)
Grading/soil erosion/sedimentation plan. A grading plan designed by a New York State licensed design professional shall be provided, showing the proposed elevation of all roadways, manufactured home sites, sanitary sewage systems and above-grade improvements. Grading plans shall also be provided with typical sections for roads, sanitary sewers, storm sewers, waterlines for fire service and storm retention/detention basins. Sedimentation and soil erosion plans must also be provided which meet the minimum requirements of the United States Clean Water Act.[1]
[1]
Editor's Note: See 33 U.S.C. § 1251 et seq.
H.
Construction standards. Prior to the placement of a manufactured home with in a manufactured home park, all infrastructure and required improvements as shown on the approved plan must be in place and ready for use (unless the park plan was approved in sections) and the lot or home site must be properly graded to accept placement of the home. Prior to placement of the manufactured home, a building permit must be approved by the Town Code Enforcement Officer. All manufactured home placements and subsequent alterations, renovations or repairs of such manufactured homes shall meet the minimum requirements of the Residential Code of New York State, Appendix E, as adopted in 2002, and any subsequent amendments thereto.
I.
Site plan approval procedure. Applicants seeking site plan approval of a manufactured home park must follow the review and approval procedures as specified in § 115-75 et seq. of this chapter.
J.
Model homes. The establishment of model homes for display or sale shall be limited to approved pads consistent with the approved site plan. Model homes or homes to be sold shall not be stored on premises other than on an approved pad, with installation and setup of such homes through an approved building permit.