Stafford Town City Zoning Code
ARTICLE III
Regulations for Zoning Districts
§ 182-11 Any use not specifically articulated as allowed is prohibited.
[Amended 9-14-2015 by L.L. No. 1-2015]
Any use not specifically set forth as a permitted use (as of right, accessory, or upon special permit, as the context may admit) in any zoning district shall be expressly prohibited in that district. A use specifically set forth as a permitted use in one district shall not be permitted in another district unless it is specifically set forth as a permitted use in said other district. Without limiting the generality of the foregoing, for purposes of clarity, certain uses are explicitly prohibited in each and every zoning district as more fully set forth in § 182-17.1A hereof.
§ 182-12 Buildings, uses and lots.
One principal building and use per lot. There shall not be more than one principal building and one principal use on any one lot in the Agricultural Residential A-R and the Residential R Districts, except as provided for in the following:
An approved multifamily dwelling project.
A single-family dwelling accompanying a nonresidential use permitted on a lot in A-R and R Districts.
A single-family dwelling accompanying a nonresidential use requiring a special use permit in A-R and R Districts, if approved by the Planning Board as part of the special use permit application process.
Yard and open space for every building. No yard or other open space provided about any building for the purpose of complying with the provisions of these regulations shall be included as any part of the yard or open space for any other building; no yard or any other open space on one lot shall be considered as a yard or open space for a building on any other lot.
Subdivision of a lot. Where a lot is formed hereafter from the part of a lot already occupied by a building, such separation shall be effected in such manner as not to impair conformity with any of the requirements of this chapter with respect to the existing building and all yards and other required spaces in connection therewith, and no permit shall be issued for the erection of a building on the new lot thus created unless it complies with all the provisions of this chapter.
Irregularly shaped lots. Where a question exists as to the proper application of any of the requirements of this chapter to a particular lot or parcel because of the peculiar or irregular shape of the lot or parcel, the Board of Appeals shall determine how the requirements of this chapter shall be applied.
Lots under water or subject to flooding. No more than 25% of the minimum area requirements of a lot may be fulfilled by land which is under water or subject to periodic flooding. Land which is under water that is open to use by persons other than the owner of the lot shall be excluded entirely from the computation of the minimum area of the lot. For the purposes of this section, land in the bed of a stream not exceeding five feet in width at mean water level, and land in any pond not exceeding 150 square feet in area shall not be considered as under water. Where any area is separated from the main body by water, such separated land shall not be included in computing lot area.
Required road frontage. No zoning permit shall be issued for any structure unless the lot upon which that structure is to be built has a continuous stretch of required frontage on a road, as defined herein, which road frontage provides the actual access to such structure, and which road shall have been suitably improved to Town Board standards or a bond posted therefor to the satisfaction of the Town Board or Planning Board, as provided in § 280-a of the Town Law.
Parts of lot not counted toward area requirements. For any lot created by subdivision subsequent to the effective date of this chapter, no part of such lot less in width than 1/2 of the minimum requirements for the district in which it is located shall be counted as part of the minimum required lot area.
Lot width required. Within any residential district, no part of any dwelling or other structure housing a main use, and within any business district, no part of any residence structure, shall be created on any part of the lot which has a width of less than the minimum requirements for the district in which it is located.
Fire and Building Code. All structures, including, but not limited to, manufactured housing, including factory manufactured units, double-wide premanufactured units and mobile home units, installed, built, erected or placed within the Town of Stafford shall meet the then existing criteria of the New York State Uniform Fire and Building Code as it exists from time to time.
§ 182-13 Yards, yard requirements, building projections, setbacks, other features.
Porches and decks. An unenclosed porch or deck may project into a required yard area not more than eight feet. To be considered unenclosed, a porch or deck may have a roof but shall not have any vertical enclosures other than a security railing. Any enclosed porch or deck or any two-story porch or deck shall be considered a part of the principal building and shall not project into any required yard area.
Projecting horizontal architectural features. Architectural features, such as window sills, belt courses, chimneys, cornices, eaves or bay windows, shall not project more than three feet into any required yard, but not nearer than eight feet from the lot line in any case. The sum of any bay window projections on any wall shall not exceed 1/4 the length of any said wall.
Fire escapes. Open fire escapes may extend into any required yard.
Corner lots. Any yard adjoining a street shall be considered a front yard for the purposes of this chapter and shall comply with all requirements for a front yard in the district in which located. The remaining yards shall be considered side yards.
Swimming pools. All swimming pools shall be considered accessory structures and shall be located in either the rear or side yard and set back the minimum distance required for other buildings and structures. Swimming pools shall be fenced in and alarmed in accordance with the provisions of the New York State Uniform Fire Prevention and Building Code.
Buffer areas. Wherever a buffer area is required by this chapter, it shall meet the following standards:
Be at least 15 feet in width along any lot line abutting a lot in an R or A-R District, unless otherwise specified or reduced by the Planning Board through the site plan review process.
Be of evergreen planting of such type, height and spacing as, in the judgment of the Planning Board, will screen the activities on the lot from view of a person standing at street level on the adjoining residential lot. The plan and specifications for such planting shall be filed with the approved site plan for the use of the lot.
A wall or fence of location, height and design approved by the Planning Board may be substituted for the required planting.
Exterior lighting. All exterior lighting in commercial and industrial zoning districts, including the lighting of signs, shall be of such type and location and shall have such shading as will prevent the source of the light from being seen from any adjacent residential property or from the street.
Height exceptions.
District building height regulations shall not apply to flagpoles, radio or television antennae, transmission towers or cables, spires or cupolas, chimneys, elevator or stair bulkheads, penthouses, parapets or railings, water tanks or cooling towers, or any similar structures, provided that such structures are located on the roof and in their aggregate coverage occupy no more than 10% of the roof area of the building, and provided such structures pose no hazard to aircraft operations.
District building height regulations shall not apply to radio or television antennas and commercial communication antennas or towers, provided such structures do not present a hazard to aircraft operations.
§ 182-14 Nonconforming uses, structures and lots; preexisting, nonconforming natural gas and/or petroleum extraction activities.
Except as hereinafter provided, the lawful use of any buildings or land existing at the time of the enactment or amendment of this chapter may be continued although such use does not conform with this chapter.
Nonconforming lots. A nonconforming lot shall not be further reduced.
Nonconforming structures. A nonconforming structure or part thereof may be restored to a safe condition only to the extent of its prior nonconformity or in compliance with this section. Subject always to the provisions of Subsection D of this § 182-14, a nonconforming structure may be enlarged as a matter of right, provided the enlargement does not either increase the nonconformity of the structure with respect to property boundaries (minimum required yard areas) or result in extension of the structure into an area which is less than 50% of the minimum required yard area. For example, a structure nonconforming by reason of its nearness to a side lot line may be extended rearward, provided the extension does not further reduce the side yard, is located a distance which is at least 1/2 the minimum required yard area off of the property line and does not extend into any other required yard area. This section shall not apply to nonconforming signs (see § 182-31).
[Amended 9-14-2015 by L.L. No. 1-2015]
Nonconforming uses. Subject always to the provisions of Subsection D of this § 182-14:
[Amended 9-14-2015 by L.L. No. 1-2015]
A nonconforming use may be converted to a conforming use as a matter of right, however, once a nonconforming use has been changed to a conforming use, it shall not then be changed back to a nonconforming use.
A nonconforming use may be enlarged by special permit only (see § 182-50) as long as:
The enlargement is in connection with the same business.
The enlargement is upon the same lot occupied by the use at the effective date of this chapter.
The enlargement does not create a greater deviation from the standards contained in this chapter.
Such other conditions as may be deemed appropriate by the Planning Board are met.
The right to continue a nonconforming use, once established and not abandoned, runs with the land, and this right is not confined to any one individual or corporation.
A nonconforming building may not be reconstructed or structurally altered during its life to an extent exceeding in aggregate cost 50% of the assessed value of the building unless said building is changed to a conforming use.
A nonconforming use discontinued for a period of one year or more shall be considered abandoned and shall not be reestablished or revived except by grant of a special use permit by the Planning Board.
Preexisting, nonconforming natural gas and/or petroleum extraction activities. Notwithstanding any provision of this chapter to the contrary, any natural gas and/or petroleum extraction activities that are being conducted in the Town as of the effective date of Local Law 1 of 2015 shall be subject to the following:
[Added 9-14-2015 by L.L. No. 1-2015]
Preexisting, nonconforming uses.
If, as of the effective date of Local Law 1 of 2015, a natural gas well located within the Town is producing usable quantities of natural gas which are being consumed by the owner of such well, then and only then such well shall be considered a preexisting, nonconforming use and shall be allowed to continue, subject, however, to the provisions of Subsections (2) and (3) of this Subsection D.
Natural gas and/or petroleum extraction activities that are being conducted in the Town as of the effective date of Local Law 1 of 2015 and which do not qualify for treatment under the preceding Subsection (1)(a) of this Subsection D shall not be grandfathered (or be permitted to continue or deemed lawful preexisting uses).
Upon the depletion, closing, or reclamation of any well which is allowed to remain in operation after the effective date of this subsection by virtue of Subsection (1)(a) of this Subsection D, or upon any other substantive cessation of natural gas and/or petroleum extraction activities for a period of more than 12 months, then and in either of such events the preexisting and/or nonconforming use status (and any related "grandfathering rights") of or relating to such activity shall terminate.
Notwithstanding any provision hereof to the contrary, the preexisting, nonconforming status conferred and recognized by Subsection (1)(a) of this Subsection D is not intended, and shall not be construed, to authorize or grandfather any natural gas and/or petroleum extraction activities extending beyond those existing as of the effective date of Local Law 1 of 2015, and any expansion or attempted or purported expansion of a grandfathered well, whether as to its production, depth, horizon(s) or otherwise, shall not be grandfathered under Subsection (1)(a) of this Subsection D.
§ 182-15 Location of accessory buildings and structures.
Accessory buildings and structures, other than temporary school bus stations and vegetable stands, shall not be located within the front yard.
Accessory buildings are permitted as follows:
Accessory building with a total floor area of 150 square feet or less and a building height of not more than nine feet shall be permitted within five feet of the rear and side lot lines when located in the rear yard area.
Accessory buildings with a total floor area between 151 square feet and 500 square feet and a building height of less than 20 feet, shall be permitted within 15 feet of the rear and side lot lines when located in the rear yard.
Accessory buildings with a total floor area greater than 500 square feet or a building height greater than 20 feet shall be located in compliance with the required yard areas for principal buildings in the respective district.
Accessory structures, other than buildings, are permitted as follows:
Accessory structures equal to or less than 15 feet in height, including satellite dishes with a diameter of 13 feet or less, shall be permitted within five feet of the rear and side lot lines when located in the rear yard area. Satellite dishes of three feet or less in diameter, if located in the rear yard area, and if in compliance with the lot line requirements contained in this subparagraph, may be located without a prior permit.
Accessory structures greater than 15 feet in height, including production model wind energy conservation systems (windmills) and satellite dishes greater than 13 feet in diameter, shall be located in compliance with the required yard areas for principal buildings in the respective district.
Satellite dishes of greater than six feet in diameter are not permitted on the roof of any building or structure.
Swimming pools shall be located in the rear yard and shall comply with the required rear and side yard areas for principal buildings in the respective district.
§ 182-16 Dwelling front yard grade.
Surface grades of front yards of dwellings measured at the midpoint of the front wall shall be at least one foot above the elevation of the road's center line, unless adequate site drainage is provided otherwise.
§ 182-17 Any use not specifically articulated as allowed is prohibited.
[Amended 9-14-2015 by L.L. No. 1-2015]
Any use not specifically set forth as a permitted use (as of right, accessory, or upon special permit, as the context may admit) in any zoning district shall be expressly prohibited in that district. A use specifically set forth as a permitted use in one district shall not be permitted in another district unless it is specifically set forth as a permitted use in said other district. Without limiting the generality of the foregoing, for purposes of clarity certain uses are explicitly prohibited in each and every zoning district as more fully set forth in § 182-17.1A hereof.
§ 182-17.1 Explicitly prohibited uses; prohibition against natural gas and/or petroleum extraction, exploration or production wastes.
[Added 9-14-2015 by L.L. No. 1-2015]
Explicitly prohibited uses.
Without limiting the generality of the statements elsewhere in this chapter that any use not specifically set forth as a permitted use (as of right, accessory, or upon special permit, as the context may admit) in any particular zoning district shall be expressly prohibited in that district, the following uses and activities are hereby expressly and explicitly prohibited in each and every zoning district within the Town, and no building or structure shall be created, altered or erected, and no body of water, land or building thereon shall be used, for any of such uses or activities:
Land application facility;
Natural gas and/or petroleum exploration activities;
Natural gas and/or petroleum extraction activities;
Natural gas and/or petroleum exploration, extraction or production wastes disposal/storage facility;
Natural gas and/or petroleum exploration, extraction, or production wastes dump;
Natural gas compression facility;
Natural gas processing facility;
Underground injection; and
Underground natural gas storage.
Any condition caused or permitted to exist in violation of this Subsection A is a threat to public health, safety and welfare, and is hereby declared and deemed to be a nuisance. Collectively the above expressly prohibited uses may be referred to in this law as "explicitly prohibited uses," any one of the above expressly prohibited uses may be referred to in this chapter as an "explicitly prohibited use," and any combination of more than one such use may also be referred to as "explicitly prohibited uses."
Prohibition against natural gas and/or petroleum exploration, extraction or production wastes.
The Town of Stafford hereby exercises its authority and right under New York Environmental Conservation Law § 27-0711 to adopt a local law that is consistent with the Environmental Conservation Law Article 27, such consistency demonstrated by the fact that this section complies "with at least the minimum applicable requirements" set forth in such statute, and the rules and regulations promulgated pursuant to said Article 27.
It shall be unlawful for any person to produce, store, inject, discard, discharge, dispose, release, or maintain, or to suffer, cause or permit to be produced, stored, injected, discarded, discharged, disposed, released, or maintained, anywhere within the Town, any natural gas and/or petroleum exploration, extraction or production wastes.
No application to customary local distribution lines, etc. The prohibitions set forth above in Subsection A of this § 182-17.1 are not intended, and shall not be construed, to:
Prevent or prohibit the right to use roadways in commerce or otherwise for travel;
Prevent or prohibit the transmission of natural gas through utility pipes, lines, or similar appurtenances for the limited purpose of supplying natural gas to residents of or buildings located in the Town; or
Prevent or prohibit the incidental or normal sale, storage, or use of lubricating oil, heating oil, gasoline, diesel fuel, kerosene, or propane in connection with legal agricultural, residential, business, commercial, and other uses within the Town.
§ 182-18 One- and two-family dwellings on individual lots.
All one- and two-family dwelling units located on individual lots shall have a minimum outside width of at least 18 feet. This provision shall not prohibit the construction of smaller additions or projections from larger units (less than 18 feet wide), provided a eighteen-foot minimum width is clearly established for the overall unit. This minimum dimensional criteria shall be required at all conventional built (i.e., on-site and factory manufactured) units and mobile homes, other than replacement of existing mobile homes in compliance with § 182-28.
§ 182-19 Schedule of regulations for zoning districts.
See Zoning Schedule A.[1]
[1]
Editor's Note: Schedule A is included at the end of this chapter.
§ 182-20 Residential District - R.
The R District is designed to accommodate primarily residential uses on lots with a minimum area of 30,000 square feet, or 20,000 square feet if serviced by public water and with zoning permit contingent upon proper documentation and approvals from the County Health Department that the wastewater (septic) system is appropriately designed. The purpose of this district is to encourage residential growth in areas of the Town which have existing concentrations of residential uses. The Residential District will allow for more economical provisions of public services, such as water and sanitary sewer, should the need arise at some future date.
Permitted uses. The following uses are permitted in R Zones:
Home occupations.
Agricultural uses and all sound agricultural practices, excluding the storage of manure and stabling of farm animals outside of a NYS Certified Agricultural District.
Accessory uses and buildings and buildings incidental to and on the same lot as the principal use, which may include but are not limited to, the following:
Private garages.
Accessory apartments.
Swimming pools and tennis courts (noncommercial).
Agricultural accessory uses, excluding the storage of manure and stabling of farm animals outside of a NYS Certified Agricultural District.
Signs and off-street parking subject to the provisions of this chapter.
Uses by special use permit. The following uses, including accessory buildings, are permitted in R Districts upon issuance of special use permit by the Planning Board unless reserved for the Town Board and so indicated by reference in parenthesis in this text or amendment thereof.
Neighborhood commercial. An individual commercial use (or leasable business space) shall not exceed 2,000 square feet of floor area per story and shall not include drive-through services. Maximum commercial floor area shall not exceed 5,000 square feet total per neighborhood commercial site. Floor area is measured by totaling the interior floor area of all building stories, except crawl spaces (i.e., with less than 7 1/2 feet of vertical clearance).
§ 182-21 Agricultural-Residential District - A-R.
The Agricultural-Residential District is designed to accommodate primarily agricultural uses in order to preserve the Town's agricultural base and maintain its rural nature, but residential uses are permitted therein. The minimum lot size for a single-family dwelling is 40,000 square feet. It is recognized, however, that agricultural and residential uses have a number of inherent conflicts between them. Individuals who plan to develop residential uses within the A-R District should be aware of such inherent conflicts and that residences are a secondary use.
Permitted uses. The following uses are permitted in A-R Zones:
Agricultural uses and all sound agricultural practices and similar activities are carried out in compliance with § 182-33.
Home occupations.
Public and institutional:
Churches and places of worship.
Government offices and facilities.
Emergency services (public and volunteer).
Community centers.
Public parks and recreational facilities.
Clubs (provided that any outdoor shooting range associated with any club shall be located a minimum distance of 750 feet from the club's property line, with adequate noise mitigation, environmental protection and safety features).
Accessory uses and buildings and buildings incidental to and on the same lot as the principal use, which may include but are not limited to, the following:
Uses by special use permit. The following uses, including accessory buildings, are permitted in A-R Zones upon issuance of a special use permit by the Planning Board unless reserved for the Town Board and so indicated by reference in parenthesis in this text or amendment thereof.
Public and institutional:
Utilities (public and private).
Public telecommunication equipment (including wireless).
Schools (public and private).
Clubs (provided that any outdoor shooting range associated with any club shall be located a minimum distance of 750 feet from the club's property line, with adequate noise mitigation, environmental protection and safety features).
Commercial:
Agricultural equipment sales, service, repair.
Aviation landing fields limited to five fixed base aircraft.
Animal shelters (with an animal waste management plan acceptable to the Genesee County Soil and Water Conservation District).
Commercial recreation, indoor or outdoor (Town Board).
Agricultural based business.
Dumps and dumping in accordance with Chapter 75, Dumps and Dumping, of the Code of the Town of Stafford, as amended (Town Board).
Child day-care centers (excluding group family day-care homes, and family day-care homes).
Adult care facilities (excluding family-type homes for adults).
Self-service storage facilities.
Bed-and-breakfasts.
Recyclables handling and recovery facilities (Town Board).
Disposal transfer stations (Town Board).
§ 182-22 Commercial Zone - C.
The C Zone is designed to accommodate commercial and selected light industrial uses.
Permitted uses. The following uses are permitted in C Zones:
Commercial:
Retail sales and services.
Personal services.
Professional and administrative offices.
Hotels and motels.
Bed-and-breakfasts.
Self-service storage facilities.
Child day-care centers (excluding group family day-care homes and family day-care homes).
Adult care facilities (excluding family-type homes for adults).
Boarding houses.
Home occupations.
Agricultural uses and all sound agricultural practices and similar activities are carried out in compliance with § 182-33.
Accessory uses and buildings and buildings incidental to and on the same lot as the principal use, which may include but are not limited to, the following:
Private garages.
Accessory apartments.
Swimming pools and tennis courts.
Agricultural accessory uses, excluding the storage of manure and stabling of farm animals outside of a NYS Certified Agricultural District.
Signs and off-street parking subject to the provisions of this chapter.
Uses by special use permit. The following uses, including accessory buildings, are permitted in C Zones upon issuance of a special use permit by the Planning Board unless reserved for the Town Board and so indicated by reference in parenthesis in this text or amendment thereof:
Commercial:
Drive-in services.
Gasoline stations and station-markets.
Car washes.
Agricultural equipment sales, service, repair.
Motor vehicle sales.
Motor vehicle repair shops.
Truck stops.
Manufactured home sales.
Contractor's yards.
Recyclables handling and recovery facilities (Town Board).
Disposal transfer stations (Town Board).
Agricultural uses and all sound agricultural practices and similar activities are carried out in compliance with § 182-33.
§ 182-23 Industrial Zone - I.
The I Zone is designed to accommodate both light and heavy industrial uses.
Permitted uses. The following uses are permitted in I Zones:
Home occupations.
Uses by special use permit. The following uses, including accessory buildings, are permitted in I Zones upon issuance of a special use permit by the Planning Board unless reserved for the Town Board and so indicated by reference in parenthesis in this text or amendment thereof:
§ 182-24 Planned unit development (PUD).
[Amended 9-14-2015 by L.L. No. 1-2015]
The purpose of the planned unit development is to permit greater flexibility, more creative and imaginative design and utilization of innovative land development techniques while promoting more economical and efficient use of land, buildings, circulation systems and utilities, to provide harmonious land uses which offer a high level of amenities, to permit a mixture of residential and/or nonresidential uses, and to preserve natural and scenic qualities of the site during the development process; provided, however, that notwithstanding any provision hereof to the contrary and in any event, under no circumstances shall any explicitly prohibited uses be conducted on or from any planned unit development.
Procedure for creation of a PUD District.
The owner of any tract of land in the Town of Stafford consisting of a minimum of five contiguous acres may petition the Town Board through the Planning Board to designate the property described in the petition as a PUD District.
The petition shall contain the exact name and address of the petitioner and reference records in the office of the Genesee County Clerk at which the deed conveying the property in question to the petitioner is recorded.
Procedure for approval.
Preapplication conference. Before submission of a preliminary application for approval as a planned unit development, the developer is encouraged to meet with the Town Planning Board to determine the feasibility and suitability of his application before entering into any binding commitments or incurring substantial expenses of site plan preparation.
Preliminary plan (rezoning).
Planning Board review and approval. A preliminary plan application shall be submitted to the Planning Board at least 15 days prior to a regularly scheduled meeting. Within 45 days of the next regularly scheduled meeting, the Planning Board shall recommend approval, approval with modifications or disapproval of the application to the Town Board. Failure by the Planning Board to act within the required time period shall constitute approval and the application shall be forwarded to the Town Board.
Submission requirements. The applicant shall submit six sets of such plans, drawings, elevations, and specifications as may be necessary and comparable to the requirements of subdivision plat approval. These six sets shall be submitted to the Zoning Enforcement Officer. The preliminary plans shall be accompanied by a detailed justification for the proposal, including such maps, charts and written material necessary for the Planning Board to make an impartial judgment on the suitability and impact of the proposed PUD for the Town. Such material shall include, but not be limited to, the following:
A mapped preliminary development plan of the property covered by the petition showing the approximate size and location of the various development areas (road rights-of-way, single-family housing areas, multifamily housing areas, commercial and open space areas, etc.), the number of residential structures and dwelling units within each residential area, the approximate square footage of nonresidential use within each nonresidential area and the amount of open space.
A written description of the proposal, including the major planning assumptions and objectives, the probable effect on adjoining properties, the effect on the overall Town development plan and the effect on this chapter.
Such additional written material, graphs or charts as are necessary to present the total number of acres in the site, the number and type of housing units, the gross and net residential densities, the approximate selling and/or rental prices of the units, and square feet of nonresidential floor area, including the approximate selling and/or rental price, the development schedule expressed in units per month (or year or any other appropriate time sequence), the phasing plan (if any), the approximate completion date of the entire project, and the estimated total construction cost of the project upon completion.
Such other written or graphic material as is necessary for the Planning Board to judge the impact of the proposal on the Town. Such material shall include, but not be limited to: the need for new public facilities and the adequacy of existing facilities including a statement of the intent to which the applicant intends to provide needed facilities, a fiscal impact statement, including a summary of new costs and revenues to the Town due to the development, the projected new population, and the method of assuring that all open spaces will be permanently maintained and devoted to open space uses.
Review considerations. In review of the preliminary plans, the Planning Board shall consider the manner with which the proposal fits the general pattern of land use established by this chapter, and the protection of the established and permitted uses in the area. It shall consider the location of main and accessory buildings and their relation to one another; the circulation pattern of the site, and the amount, location, and access of parking and off-street loading space facilities; the height and bulk of buildings; the provision of open spaces, landscaped areas, signs, and similar features of the site plan; and the safeguards provided to minimize possible detrimental effects of the proposed development on adjacent property and the surrounding neighborhood; the manner of conformance with the official development policies of the Town; the effect on schools and other municipal facilities; and the manner in which natural and scenic characteristics of the site are preserved.
Town Board review and approval. Upon receipt of the Planning Board's recommendation, the Town Board may, after a public hearing and forwarding the proposed zone change to the County Planning Board for review, amend this chapter so as to establish and define the boundaries of the planned unit development; provided, however, that notwithstanding any provision hereof to the contrary and in any event, under no circumstances may any explicitly prohibited uses be authorized or allowed to be conducted on or from any planned unit development. If the rezoning request is approved to the PUD, such action does not authorize improvements to the rezoned land.
[Amended 9-14-2015 by L.L. No. 1-2015]
Final plan.
Ownership. Before final approval of the PUD, the applicant must show evidence of the full legal ownership in the land.
Planning Board review and approval. Upon approval of the zone change, the applicant has one year in which to submit a final plan to the Planning Board for review and recommendation to the Town Board. This submittal must be presented at least 15 days prior to the next regularly scheduled meeting of the Planning Board. Within 45 days of the next regularly scheduled meeting, the Planning Board shall recommend approval, approval with conditions or disapproval of the application to the Town Board.
Submission requirements. The applicant shall submit detailed site plans comparable to the requirements for final approval of a subdivision plat.
Town Board review and approval. The Town Board shall make final approval in accordance with official Town development policies and may impose reasonable conditions relating to that plan.
Design standards.
Area requirements. Area, yard, coverage, height, density and supplementary regulation requirements shall be comparable to minimum requirements in appropriate zoning districts for each specific use, except where the Planning Board finds that it is in the public interest to modify these requirements.
Traffic and circulation. All proposed public roads should meet municipal design and construction specifications. Special consideration should be given to pedestrian movement from the standpoint of safety, convenience and amenity. Sidewalks, curbs and gutters should be considered in the design of the overall circulation system.
Common open space. All common open space should be preserved and maintained for the intended purpose through one or more of the following methods:
§ 182-25 Hamlet District - H.
The Hamlet District (H) is intended to promote the livability, stability and improvement of the Town's historic center. This section provides standards for the orderly expansion and improvement of this area based on the following principles:
Make efficient use of land and public services, and implement the Comprehensive Plan, by maintaining the character of the Stafford Hamlet.
Accommodate a range of housing needs and appropriately scaled commercial uses.
Provide for compatible building and site design at an appropriate neighborhood scale.
Reduce reliance on the automobile for neighborhood travel and provide options for walking and bicycling.
Provide direct and convenient access to parks, civic buildings and neighborhood services.
Permitted uses. The following uses are permitted in H Zones:
Home occupations.
Agricultural uses and all sound agricultural practices, excluding the storage of manure and stabling of farm animals outside of a NYS Certified Agricultural District.
Public and institutional:
Churches and places of worship.
Government offices and facilities.
Emergency services (public and volunteer).
Community centers.
Public parks and recreational facilities.
Clubs (provided that any outdoor shooting range associated with any club shall be located a minimum distance of 750 feet from the club's property line, with adequate noise mitigation, environmental protection and safety features).
Accessory uses and buildings and buildings incidental to and on the same lot as the principal use, which may include but are not limited to, the following:
Private garages.
Accessory apartments.
Swimming pools and tennis courts (noncommercial).
Agricultural accessory uses, excluding the storage of manure and stabling of farm animals outside of a NYS Certified Agricultural District.
Signs and off-street parking subject to the provisions of this chapter.
Neighborhood commercial. An individual commercial use (or leasable business space) shall not exceed 2,000 square feet of floor area per story and shall not include drive-through services. Maximum commercial floor area shall not exceed 5,000 square feet total per neighborhood commercial site. Floor area is measured by totaling the interior floor area of all building stories, except crawl spaces (i.e., with less than 7 1/2 feet).
Uses by special use permit. The following uses, including accessory buildings, are permitted in H Districts upon issuance of special use permit by the Planning Board unless reserved for the Town Board and so indicated by reference in parenthesis in this text or amendment thereof.
Neighborhood commercial. An individual commercial use (or leasable business space) shall not exceed 2,000 square feet of floor area per story and shall not include drive-through services. Maximum commercial floor area shall not exceed 5,000 square feet total per neighborhood commercial site. Floor area is measured by totaling the interior floor area of all building stories, except crawl spaces (i.e., with less than 7 1/2 feet of vertical clearance).
Child day-care centers (excluding group family day-care home and family day-care home).
Adult care facilities (excluding family-type home for adults).
Mixed use building (residential and neighborhood commercial uses may be mixed "vertically," meaning that a residential use is developed above the commercial use (i.e., ground floor retail/office with upper-story apartments), or may be mixed "horizontally," meaning commercial and residential uses both occupy ground floor space.
§ 182-26 Industrial Park - IP.
The Industrial Park (IP) District is designed to provide areas within the Town for the design of and development as industrial parks. The IP District will encompass properties that typically are not accessed directly from a major highway but instead are serviced by a road system designed and intended for use by operations within or immediately adjacent to the industrial park. The IP District is designed to blend commercial and enclosed industrial uses, thus maximizing the development potential by encouraging land uses which will complement, rather than detract from, one another. Given the industrial park setting, the required minimum lot frontages, lot widths and yard setbacks are less than those required within the general Industrial (I) Districts.
Permitted uses. The following uses are permitted in the Industrial Park (IP) District:
Agricultural uses and all sound agricultural practices and similar activities are carried out in compliance with § 182-33.
Accessory uses and buildings and buildings incidental to and on the same lot as the principal use, which may include but are not limited to, the following:
Uses by special use permit. The following uses are permitted in the Industrial Park (IP) District upon the issuance of a special use permit:
Commercial:
Retail sales and services.
Personal services.
Mixed use buildings (residential on upper floors, other allowed uses on lower floors).
Child day-care centers (excluding group family day-care home and family day-care home).
Adult care facilities (excluding family-type home for adults).