Southeast City Zoning Code
ARTICLE IV
Residential Districts
§ 138-16 Establishment.
The general requirements affecting the use of buildings, structures and land use for each of the residential zoning districts established by Article II are hereby established and set forth by this article.
§ 138-17 Table of General Use Requirements.
B.
Utilization of use table.
(1)
The use table is divided into columns, with each column headed by a capital letter for reference. Horizontal lines divide the requirements for one district from those of another.
(2)
In the use table, the words "same as" shall be construed to include all of the matter set forth in the same column for the district or districts thus referred to, thereby incorporating such matter by reference.
(3)
In the use table, all uses listed in Column B are permitted by right and subject to the bulk and supplemental requirements as applicable. All uses listed in Column C are permitted only upon approval of the Planning Board and are conditional thereon pursuant to Article X. All uses listed in Column D are special permit uses, permitted on approval of the Town Board in accordance with Article X. All special permit uses and conditional uses also require site development plan approval by the Planning Board in accordance with Article IX.
(4)
The uses identified in Columns B, C and D are followed by a letter designating a use group for reference to the Table of Bulk Requirements.[2] Certain uses do not have respective bulk requirements, and the requirements pertaining to the principal use shall apply.
[2]
Editor's Note: The Table of Bulk Requirements is located at the end of this chapter.
(5)
Any use not identified in the use table shall be deemed prohibited. Any use indicated as conditional shall be deemed prohibited unless approved in a manner specified in Article X. Where conditional uses are identified by generic word or description, the Planning Board shall determine whether a specific use shall be construed to be part of such generic class. In making such determination, the Planning Board shall consider to what extent the proposed use is like, in land use impacts, the class of use indicated in the use table.
§ 138-18 Establishment of bulk requirements.
The general requirements relating to the arrangement of buildings, structures and uses occupying a lot for the residential zoning districts established by Article II are hereby established.
§ 138-19 Definitions.
§ 138-20 Table of Bulk Requirements.
A.
The accompanying table entitled "Table of Bulk Requirements, Residential Zoning Districts," which shall be a part of this chapter, is referred to herein as the "bulk table" and sets forth the minimum bulk requirements for the residential zoning districts. The Table of Bulk Requirements is located at the end of this chapter.
B.
Utilization of bulk table. The bulk table is divided into columns, each column headed by a number for reference. The bulk table is divided by single horizontal lines into groups, each group being identified by a letter corresponding to the letter symbol appearing in the use table adjacent to each use or combination of uses. Each of the uses within each group is regulated by the bulk regulation for the indicated group.
§ 138-21 Resource Protection Plan.
[Amended 4-24-2003 by L.L. No. 7-2003]
The determination of the permitted number of dwellings, lot size and related bulk requirements for the RMF, R-20, R-40, R-60, R-80 and R-160 Districts shall be as follows:
A.
General purpose. The permitted number of dwellings or site capacity for any proposed development sites is equal to the net buildable area of the site multiplied by the density factors assigned for each district. The site capacity calculation provides the mechanism for subtracting from the base site area all portions of a site considered inappropriate for the development. Consequently, the purpose of this section is to determine the extent to which a site may be utilized given its unique characteristics.
B.
Calculation of base site area. The base site area shall be determined as follows:
[Amended 11-18-2004 by L.L. No. 16-2004]
Calculation of Base Site Area | ||||
|---|---|---|---|---|
1. | Gross site area as determined by actual on-site survey | acres | ||
2. | Subtract land constituting roads and land within rights-of-way of existing roads, rights-of-way of utilities and easements of access and land with deed restrictions prohibiting building or development | acres | ||
3. | Subtract land which in a previously approved subdivision encompassing the same land, as part or all of the subject parcel, was reserved for resource reasons (e.g., flooding or for recreation) | acres | ||
4. | Equals base site area | =acres | ||
C.
Calculation of site resource protection land. All land area consisting of the natural resources or natural features listed below shall be measured. The total acreage of each resource shall be multiplied by its respective open space ratio to determine the amount of resource protection land or area required to be kept in open space to protect the resource or feature. The sum total of all resource protection land on the site equals the total resource protection land on the site. It should be noted that certain categories may overlap and are not intended to be duplicated.
Resource or Feature | Open Space Ratio | Acres in Resource | Resource Protection Land | |
|---|---|---|---|---|
Lakes, ponds and watercourses | 1.00 | |||
Wetlands | 1.00 | |||
Wetlands control area | 1.00 | |||
Floodplains | 1.00 | |||
Intermittent drainageways | 0.50 | |||
Moderate slopes (15% to 25%) | 0.50 | |||
Steep slopes (25% or greater) | 0.75 | |||
Land with unique geological features not covered by above categories (i.e., mature woodlands, promontories, etc.) | 0.85 | |||
Total land in resource | = | |||
Total resource protection land |
D.
Determination of site capacity. Individual site capacity is determined by calculating the net buildable site area. For single-family conventional subdivisions, the number of dwelling units permitted is determined by multiplying the density factor for each district by the net buildable area. The calculations are as follows:
Determination of Site Capacity | ||||
|---|---|---|---|---|
1. | Take base site area | acres | ||
2. | Subtract total resource protection land | - acres | ||
3. | Equals net building site area | =acres | ||
4. | Multiply by district maximum density factor | xacres | ||
5. | Equals number of dwellings (do not round off; use lowest whole number) | = | ||
E.
Density factors.
(1)
Density factors for RMF, R-20, R-40, R-60, R-80 and R-160 Districts. The maximum density factors to be used in the previous calculation shall be as follows:
District | Maximum Density Factor | ||
|---|---|---|---|
Without Bonus | With Bonus | ||
RMF | See § 138-23 and Table of General Use Requirements | ||
R-20 | 1.95 | 2.175 | |
R-40 | 0.97 | 1.08 | |
R-60 | 0.65 | 0.72 | |
R-80 | 0.50 | 0.54 | |
R-160 | 0.25 | 0.27 | |
(2)
The density factor with bonuses may be applied at the discretion of the Planning Board when, in its judgment, the proposed development includes or promotes one or more of the following features or objectives:
(a)
The preservation of prime agricultural land.
(b)
The preservation of an historic area or landmark site.
(c)
The provision of a measure of moderate-income housing units. (NOTE: A "moderate-income housing unit" shall be any unit offered for sale for no more than 2 1/2 times the most current median income value issued by the United States Department of Housing and Urban Development for the New York metropolitan area.)
(d)
Other unique and innovative design aspects.
(e)
The provision of a fifty-foot environmental conservation buffer.
(f)
The provision of a loop road within a major subdivision.
F.
Protection of natural resources.
(1)
New dwelling units or other site development shall be located away from identified resources listed in this section to the maximum extent practicable. Driveways providing access to a property are exempt from this provision, provided that construction of a driveway will not result in significant adverse environmental impacts, and provided that no alternative configuration that avoids protected resources is available. The Planning Board, in its review of subdivision or site plan applications, and the Town Board, in its review of special permit applications, may require modifications to the plans to minimize the potential for impact to any of the resources listed in this section.
(2)
An environmental conservation buffer of at least 100 feet shall be provided along any property line between any new residential subdivision and an existing agricultural use.
§ 138-22 Accessory apartments.
[Amended 2-18-1999 by L.L. No. 2-1999; 9-23-2021 by L.L. No. 4-2021]
A.
Legislative intent. It is the intention of this section, subject to the standards listed below and pursuant to the special conditions defined in Article X, § 138-56.1, to permit the creation of accessory apartments in the Town for the purposes of maintaining a supply of small rental or owner-occupied housing units designed to meet the needs of persons, both young and old, of moderate income and to permit the efficient use of the Town's housing stock by providing economic support for owners of larger structures and incentives for maintenance of these structures. These accessory dwellings are intended to be clearly incidental and secondary to the principal structure of which they are a part. The owner of the lot containing an accessory apartment shall be required to reside in either the principal dwelling or in the accessory dwelling.
B.
General requirements. Subject to the granting of a conditional use permit by the Planning Board, pursuant to the special conditions and requirements of Article X, § 138-56.1, entitled "Accessory apartments," the conversion of a dwelling for one family into a dwelling containing not more than two dwelling units may be permitted.
C.
Grandfathering. Accessory apartments or accessory dwelling units which legally existed on a single-family residential lot prior to 1998, and which do not necessarily meet the requirements contained in Subsection B above or the special conditions set forth in § 138-56.1, may be allowed to continue to be used for separated dwelling purposes.
§ 138-23 Multiple dwellings.
In addition to the general standards specified in § 138-46, the following special standards are applicable to dwellings containing two or more dwelling units in the RMF District and applications under § 281 of the New York State Town Law (Article VIII of this chapter) for attached housing, with the exception of Subsection A, which applies only to RMF Districts.
A.
Number of units. The maximum number of multiple-dwelling units permitted on a lot or tract shall be computed by means of a ratio times the number of single-family dwelling factors in the tract. A single-family dwelling factor is 20,000 square feet of land area, and the following ratios shall be applicable for each type of multiple-dwelling units:
(1)
For each one-bedroom or efficiency unit: 2.5 times the number of single-family dwelling factors.
(2)
For each two-bedroom unit: 2.0 times the number of single-family dwelling factors.
(3)
For each three-bedroom unit: 1.3 times the number of single-family dwelling factors, provided that in carrying out the computation, each single-family dwelling factor may be counted for only one type of multiple-dwelling unit.
B.
Access. The principal vehicular access to the lot on which the multiple dwellings are to be located shall be from a state highway or county or Town road and shall meet throughout such connecting distance no less than the current minimum standard road and drainage specifications of the Town of Southeast[1] for construction and acceptance of local streets.
C.
Buildings. No dwelling shall contain fewer than two nor more than eight dwelling units. Each dwelling unit containing three bedrooms shall have ground level access without the need to use interior hallways and/or interior stairways and without the need to use exterior stairways shared as access to other units. No dwelling shall exceed a height of two stories, excluding both basements and attics that are not used as living quarters.
D.
Setbacks. No multiple dwelling shall extend within less than 50 feet of any street line or property line or within less than 100 feet of any Residence R-160, R-80, R-60, R-40 or R-20 District boundary line.
[Amended 4-24-2003 by L.L. No. 7-2003]
E.
Recreation. Multiple dwellings shall be provided with an outdoor recreation site or sites on the lot, suitably graded, improved and furnished with facilities meeting the needs of the types of dwelling unit to be established. The outdoor recreation site or sites shall have an aggregate area of not less than 100 square feet for each bedroom on the lot. When the lot contains more than 30 dwelling units, suitable indoor meeting room and recreation space shall be provided and made available for use by the occupants of the dwelling units on the lot.
F.
Bedrooms. No multiple-dwelling unit shall contain more than three bedrooms. The intended use of each room in a multiple-dwelling unit shall be specified on the site plan. For the purpose of determining the number of bedrooms in the dwelling unit, any room designed, intended, furnished or occupied for sleeping quarters and any room other than a living room, kitchen or bathroom or a utility room having more than 50 square feet of floor area shall be considered a bedroom. The identification of use of rooms in each dwelling unit shall be a part of the approval of the site plan.
G.
Districts. When required by local law, the applicant shall make provision for municipal districts to support and maintain water supply facilities, sewage facilities, recreation facilities or other services for the dwellings.
H.
Unit Occupancy Program. The site plan shall include a suitable written program setting forth:
(1)
The proposed schedule of multiple-dwelling units by bedroom size;
(2)
The basis for proposing the schedule;
(3)
The projected number of occupants, by age group, for each unit size;
(4)
The proposed manner of ownership or tenancy of units;
(5)
The relationship between project occupants and plans for recreation and sanitation; and
(6)
A time schedule for occupancy of units, together with a projection of impact upon municipal services, including public school enrollment.
§ 138-23.1 Keeping of animals.
[Added 4-27-2023 by L.L. No. 6-2023]
A.
Intent. It is the intention of this section to regulate the keeping of animals in the Town to ensure the health, safety, and welfare of the Town's residents, and to prevent unsanitary conditions and nuisances.
B.
Noncommercial keeping of animals on residential properties shall be regulated as follows:
(1)
Poultry.
(a)
The keeping of up to two chickens, turkeys, or similar poultry is permitted on a lot of 20,000 square feet or greater. One additional chicken, turkey, or similar poultry may be kept for each additional 10,000 square feet by which the lot exceeds 20,000 square feet, up to a maximum of 30 chickens or similar poultry.
Animal Type | Minimum Lot Size | Number of Animals Per Minimum Lot Size | Number of Animals Per Additional Square Feet | Maximum Number of Animals |
|---|---|---|---|---|
Chickens/Turkeys/Poultry | 20,000 square feet | 2 | 1 per 10,000 square feet | 30 |
(b)
Any building in which a chicken or similar poultry is kept shall be a minimum of 30 feet from any property or street line.
(c)
The keeping of roosters or guinea hens is permitted on properties of five acres or greater, up to a maximum of two roosters or guinea hens.
(2)
Hoofed mammals.
(a)
Small to medium sized hoofed mammals (goats, sheep, llamas, alpacas).
[1]
The keeping of one goat, sheep, llama, alpaca or similarly sized animal is permitted on a lot of 40,000 square feet or greater. One additional goat, sheep, llama, alpaca, or similar-sized animal may be kept for each 20,000 square feet by which the lot exceeds 40,000 square feet, up to a maximum of 15 pigs, goats, sheep, llamas, alpacas, or similarly sized animals.
[2]
Any building in which a goat, sheep, llama, alpaca or similarly sized animal is kept shall meet the greater of the minimum yard setback requirements of the underlying zoning district or be a minimum of 100 feet from any property or street line.
(b)
Large hoofed mammals (pigs, horses, ponies, donkeys, cows).
[1]
The keeping of one pig, horse, pony, donkey, cow, or similarly sized animal is permitted on a lot of 80,000 square feet or greater. One additional horse, pony, donkey, cow, or similarly sized animal may be kept for each 40,000 square feet by which the lot exceeds 80,000 square feet, up to a maximum of 15 horses, ponies, donkeys, cows, or similarly sized animals.
[2]
Any building in which a pig, horse, pony, donkey, cow, or similarly sized animal is kept shall meet the greater of 100 feet from a property line or the minimum yard setback requirements of the underlying zoning district.
[3]
Any boarding of any pig, horse, pony, donkey, cow, or similarly sized animal for compensation shall require a conditional use permit from the Planning Board and shall not be considered an accessory use permitted by right.
(c)
Counting of animals. The counting of hoofed mammals for the purposes of this section shall be cumulative, such that the maximum number of animals on a property shall not exceed maximum number of a single animal type as described under Subsection B(2)(a) and (b) above.
Animal Type | Minimum Lot Size (square feet) | Number of Animals Per Minimum Lot Size | Number of Animals Per Additional Square Feet | Maximum Number of Animals |
|---|---|---|---|---|
Goats/Sheep/Llamas/Alpacas | 40,000 | 1 | 1 per 20,000 square feet | 15 |
Horses/Pigs/Ponies/Donkeys/Cows | 80,000 | 1 | 1 per 40,000 square feet | 15 |
NOTE: A property owner may have a maximum of 15 hoofed mammals regardless of animal size or species. | ||||
(4)
Enclosures. Any residential property on which animals are kept must be properly fenced to prevent the animals from escaping the property, or the animals must be contained in a suitably sized and appropriately maintained structure.
C.
Animal waste.
(1)
Chickens and poultry. No animal waste or substance which produces noxious or offensive odor or dust shall be stored or permitted to accumulate within 35 feet from any lot line and 35 feet from any street, wetland, lake or stream, or within the minimum yard setback requirements of the underlying zoning district, whichever is greater. The animal waste storage area shall not create any offensive odors nor attract or harbor vermin, rodents, flies or other animals, and shall be subject to the approval of the Planning Board.
(2)
All other animals. No animal waste or substance which produces noxious or offensive odor or dust shall be stored or permitted to accumulate within 100 feet from any lot line or within the minimum yard setback requirements of the underlying zoning district, whichever is greater, and 50 feet from any wetland, lake or stream. The animal waste storage area shall not create any offensive odors nor attract or harbor vermin, rodents, flies or other animals, and shall be subject to the approval of the Planning Board.
(3)
Enforcement. The Building Inspector or Code Enforcement Officer shall retain the right to inspect the animal waste storage facility at any time due to improper handling or odor problems. If the Building Inspector or Code Enforcement Officer determines that a problem does exist, he or she shall so notify the owner in writing, and the owner must commence steps to rectify the situation within a timely fashion but not to exceed 30 days. If the problem is not rectified in a satisfactory manner, the Building Inspector or Code Enforcement Officer may commence criminal proceedings against the owner or other person(s) responsible for such violation(s) and, upon a conviction thereof, such owner or other responsible person shall be liable for any and all fines and/or penalties applicable to violations of this chapter.
D.
Existing animals.
(1)
In the event that, at the time of the introduction of this section, an owner or occupant of a residential property has a number of animals in excess of the provisions listed above, provided that the animals are not a nuisance and are kept in sanitary conditions, the owner of said animals shall be permitted to keep the animals at the time of the effective date of this section until such time as they die, are given away, or are lost. However, no additional animals shall be permitted to be kept on the residential property if doing so would bring the total number of animals above that permitted under the provisions above. It is owner's burden to prove that said animals were maintained on the residential property prior to the date of introduction of this section.