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Verona Town City Zoning Code

ARTICLE III

Zone Districts

§ 262-9 Establishment of districts.

For the purposes of this chapter, the Town of Verona is divided into the following zoning districts:
RD
Rural Development
RR
Rural Residential
R
Residential
CNS
Commercial Neighborhood Service
HCR
Hamlet Commercial and Residential
PC
Planned Commercial
HC&I
Heavy Commercial/Industrial
PUD
Planned Unit Development

§ 262-10 Overlay districts.

An overlay district is a form of zone district which imposes additional regulations for specific purposes, such as historic preservation, flooding, parking or other concerns and may be established at the discretion of the Town Board pursuant to § 262-41A of this chapter. Overlay districts establish controls that are superimposed upon, and in addition to, the district regulations affecting land use and structures.

§ 262-11 Zoning Map. [1]

The location and boundaries of each zoning district are shown on the map entitled "Town of Verona Zoning Map," dated August 1, 2011, and as certified by the Town Clerk, which is on file in Town Hall and is hereby declared to be a part of this chapter.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 262-12 Interpretation of district boundaries.

When uncertainty exists with respect to the boundaries of any district as shown on the Zoning Map, the following rules shall apply:
A. 
Boundaries indicated as approximately following the center lines of streets shall be construed to follow such center lines.
B. 
Boundaries indicated as approximately following mapped lot lines shall be construed as following such lot lines.
C. 
Boundaries indicated as following shorelines of streams and lakes shall be construed to follow such shorelines and, in the event of change in the shoreline, shall be construed as moving with the actual shoreline.
D. 
Boundaries indicated as approximately following the corporate boundaries of the Town of Verona shall be construed as following such corporate boundaries.
E. 
Boundaries indicated as parallel to, or extensions of, features indicated in Subsections A through C, shall be so construed. Distances not specifically indicated on the Zoning Map shall be determined by the scale of the map or a description of boundaries, if available, adopted by the Town Board.
F. 
Where a district boundary line divides a lot existing at the time of adoption of this chapter, the regulations of § 262-13 shall apply.
G. 
The Code Enforcement Officer shall determine the location of zone district boundaries. Any challenge of that Officer's determination may be brought by any resident to the Zoning Board of Appeals pursuant to § 262-40B(1).

§ 262-13 Lots divided by district boundaries. [1]

Where a district boundary line divides a lot existing at the time of adoption of this chapter, the uses and requirements of the less restricted portion of such lot may not extend more than 30 feet into the more restricted portion, provided that the lot has frontage on a street in the less restricted district. Development of the more restricted portion beyond 30 feet shall require issuance of a special permit by the Zoning Board of Appeals pursuant to § 262-33.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 262-14 Accessory uses and structures.

A. 
Unless otherwise specified, all accessory uses and structures shall be subject to the same review process as the principal use for which it is incidental.
B. 
Unless otherwise specified, all accessory uses and structures shall conform to the lot and structure dimensional standards applicable to the principal use or structure.
C. 
No accessory use or structure shall occupy a lot without a principal use present on the same lot.
D. 
Mechanical equipment, decorations, treatments, antennas, chimneys and similar appurtenances may not require site plan or special permit review if they are less than 10 square feet in area, attached to the principal structure and are found by the Code Enforcement Officer to be consistent with the conditions, if any, of Board approval.

§ 262-15 RD Rural Development.

A. 
The purpose of this district is to foster and maintain the economic viability of agricultural uses and to minimize impacts upon sensitive environmental and natural resources in major rural portions of the Town. Limited residential and nonagricultural development will be accommodated in a manner that is least disruptive to agriculture and the environment.
[Amended 3-4-2019 by L.L. No. 2-2019; 2-1-2021 by L.L. No. 3-2021]
Procedure
Dimensional Group
Land Use
Use by Right
Agriculture
Agricultural district
Farm
Farm as hobby (hobby farm)
Residential
Dwelling, one-family
Site Plan Review
Agriculture
Stable, private
Nonresidential
Cemetery
Agriculture
Agricultural processing facility
Farm stand
Game farm
Greenhouse, accessory
Greenhouse, commercial
Nursery, commercial
Rural business use
Rural service use
Stable, public
Stable, private
Special Permit
Nonresidential
Campground
Contractor and trucking service use
Emergency vehicle station
Garage, storage
Kennel
Outdoor and indoor recreation (participant)
Outdoor and indoor recreation (spectator)
Private club
Utility substation
Veterinarian
Residential
Accessory apartment dwelling
Bed-and-breakfast residence
Home occupation
Kennel, accessory
Supervisor/staff residence
Temporary residence
Two-family dwelling
Multifamily dwelling
Use and dimensions subject to review by Town Board
Airstrips, private
B. 
RD Zone District lot and structure dimensional requirements.
Dimensional Groups
Residential
Nonresidential
Agricultural
Lot
Area, minimum
Generally
80,000 square feet
5 acres
10 acres
Farm as hobby
5 acres
Width, minimum
Generally (feet)
125
125
500
Farm as hobby (feet)
125
Coverage, maximum
Generally
20%
20%
10%
Farm as hobby
20%
Principal structure; detached and attached accessory structures
Front yard, minimum (feet)
50
50
50
Side yard, minimum
One side (feet)
25 (including farm as hobby)
25
50
Total both sides (feet)
50 (including farm as hobby)
50
100
Rear yard, minimum (feet)
30
30
50
Maximum height (feet)
35
35
50
Accessory structures: detached, less than 144 square feet
Front yard, minimum
Existing principal structure front line
Side yard setback (feet)
5
5
Equal to height
Rear yard setback (feet)
5
5
Equal to height
Maximum height (feet)
15
15
25
Required information
Must comply with § 262-35, Common review procedures and submission requirements.

§ 262-16 RR Rural Residential.

A. 
The purpose of this district is to allow for residential and appropriate nonresidential development in selected portions of the Town that are unsewered but may have existing or planned public water service. The district maintains low impacts to environmental and natural resources by primarily requiring individual lot and on-site improvements. Agricultural uses will be limited and minimally accommodated to ensure compatibility with residential development.
Procedure
Dimensional Group
Land Use
Use by Right
Agriculture
Agricultural district
Residential
Dwelling, one-family
Site Plan Review
Agriculture
Farm
Farm as hobby (hobby farm)
Nonresidential
Cemetery
Special Permit
Agriculture
Accessory farm dwelling
Farm stand
Greenhouse, accessory
Greenhouse, commercial
Nursery, commercial
Rural service use
Stable, private
Stable, public
Nonresidential
Day-care center
Emergency vehicle station
Kennel
Library
Outdoor recreation (participant)
Private club
Religious institution
School
Utility substation
Veterinarian
Residential
Bed-and-breakfast residence
Home occupation
Supervisor/staff residence
Temporary residence
Two-family dwelling
Use and dimensions subject to review by Town Board.
Airstrips, private
B. 
RR Zone District lot and structure dimensional requirements.
Dimensional Groups
Residential
Nonresidential
Agricultural
Lot
Area, minimum
Generally (square feet)
40,000
80,000
10 acres
Farm as hobby
5 acres
Width, minimum
Generally (feet)
125
125
500
Farm as hobby (feet)
125
Coverage, maximum
Generally
20%
20%
10%
Farm as hobby
20%
Principal structure: detached and attached accessory structures
Front yard, minimum (feet)
50
50
50
Side yard, minimum
One side (feet)
25 (including farm as hobby)
25
50
Total both sides (feet)
50 (including farm as hobby)
50
100
Rear yard, minimum (feet)
30
30
50
Maximum height (feet)
35
35
50
Accessory structures: detached, less than 144 square feet
Front yard, minimum
Existing principal structure front line
Side yard setback (feet)
5
5
Equal to height
Rear yard setback (feet)
5
5
Equal to height
Maximum height (feet)
15
15
25
Required information
Must comply with § 262-35, Common review procedure and submission requirements

§ 262-17 R Residential.

A. 
This district is to foster and maintain moderate-density single-family residential development in portions of the Town that afford the full provision of public water and sewer facilities. Compatible nonresidential development supportive of a single-family residential environment will be accommodated. Environmental protections will be achieved through a combination of private and community facilities.
Procedure
Dimensional Group
Land use
Use by Right
Agriculture
Agricultural district
Residential
Dwelling, one-family
Dwelling, two-family
Site Plan Review
Nonresidential
Cemetery
Community center
Day-care center
Emergency vehicle station
Library
Nursing or convalescent home
Private club
Religious institution
School
Utility substation
Special Permit
Nonresidential
Bed-and-breakfast residence
Home occupation
Outdoor recreation (participant)
Supervisor/staff residence
Temporary residence
Dwelling, multifamily
B. 
R Zone District lot and structure dimensional requirements.[1]
Dimensional Groups
Residential
Nonresidential
One-Family
Two- or Multifamily
All Other Uses
Lot
Area, minimum (square feet)
20,000
40,000
40,000
Width, minimum (feet)
100
125
125
Coverage, maximum
20%
20%
20%
Principal structure; detached and attached accessory structures
Front yard, minimum (feet)
40
50
50
Side yard, minimum
One side (feet)
15
25
25
Total both sides (feet)
25
50
50
Rear yard, minimum (feet)
30
30
30
Maximum height (feet)
35
35
35
Accessory structures: detached, less than 144 square feet
Front yard, minimum
Existing principal structure front line
Side yard setback (feet)
5
5
5
Rear yard setback (feet)
5
5
5
Maximum height (feet)
15
15
15
Required information
Must comply with § 262-35, Common review procedures and submission requirements
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 262-18 CNS Commercial Neighborhood Service.

A. 
This district is to complement the more restrictive character of surrounding rural or residential zone districts by allowing small-scale commercial and nonresidential development in very limited portions of the Town. The potential locations will generally be at intersections of significant roads and may be partially or fully served with public water and sewer facilities. Environmental protection is achieved by minimizing the extent of the area for the district and with strong Town review requirements of individual site developments.
[Amended 10-7-2013 by L.L. No. 2-2013; 2-1-2021 by L.L. No. 3-2021]
Procedure
Dimensional Group
Land Use
Use by Right
Agriculture
Agricultural district
Residential
Dwelling, one-family
Site Plan Review
Commercial
Bank
Funeral home
Garage, storage
Gasoline station/convenience store
Motel containing no more than 30 units, no taller than two stories
Motor vehicle sales and service
Office
Personal service use
Restaurant/bar
Retail use
Nonresidential
Cemetery
Community center
Day-care center
Emergency vehicle station
Indoor recreation, participant
Library
Marina
Medical care facility
Outdoor recreation, participant
Private club
Religious institution
School
Utility substation
Veterinarian
Parking area
Special Permit
Residential
Apartment
Bed-and-breakfast residence
Dwelling, converted to commercial
Dwelling, multifamily
Dwelling, over commercial
Dwelling, two-family
Home occupation
Supervisor/staff residence and multiuse residential/commercial
Nonresidential
Campground
B. 
CNS Zone District lot and structure dimensional requirements.
Dimensional Groups
Residential and Nonresidential Without Water or Sewer
Residential and Nonresidential With Water or Sewer
Commercial
Lot
Area, minimum (square feet)
40,000
20,000
20,000
Width, minimum (feet)
125
100
100
Coverage, maximum
30%
50%
30%
Principal structure; detached and attached accessory structures
Front yard, minimum (feet)
50
40
40
Side yard, minimum
One side (feet)
25
15
15
Total both sides (feet)
50
30
30
Rear yard, minimum (feet)
30
30
30
Maximum height (feet)
35
35
35
Maximum residential density (apartment, mixed use) [square feet per unit]
6,000
6,000
Maximum size, main floor (square feet)
4,000
4,000
Accessory structures: detached, less than 144 square feet
Front yard, minimum
Existing principal structure front line
Side yard setback (feet)
5
Rear yard setback (feet)
5
Maximum height (feet)
15
Required information
Must comply with § 262-35, Common review procedures and submission requirements.

§ 262-19 HCR Hamlet Commercial and Residential.

A. 
This district is intended to encourage and maintain the development and growth of primarily existing community centers within Town by allowing a mixture of residential, nonresidential and commercial land uses in a physical setting that promotes pedestrian movement. Site development and environmental protection shall be designed to utilize and enhance the provision of a full range of community services, such as public water, sewer, and/or drainage facilities.
[Amended 2-1-2021 by L.L. No. 3-2021]
Procedure
Dimensional Group
Land Use
Use by Right
Agriculture
Agricultural district
Residential
Dwelling, one-family
Site Plan Review
Commercial
Bank
Funeral home
Office
Personal service use
Restaurant/bar
Retail use/shopping center
Residential
Apartment
Bed-and-breakfast residence
Dwelling, multifamily
Dwelling, two-family
Home occupation
Supervisor/staff residence/multiuse building
Nonresidential
Community center
Day-care center
Library
Nursing or convalescent home
Private club
Religious institution
School
Special permit
Commercial
Car wash
Drive-in service
Gasoline station/convenience store
Hotel
Motel
Motor vehicle sales and service
Outdoor sales, service and storage
Nonresidential
Campground
Cemetery
Emergency vehicle station
Hospital
Indoor recreation, participant
Indoor recreation, spectator
Marina
Medical care facility
Outdoor recreation, spectator
Parking area
Utility substation
Veterinarian
Residential
Apartment complex
Dwelling, converted to commercial
Dwelling, over commercial
Temporary residence
B. 
HCR Zone District lot and structure dimensional requirements.
Dimensional Groups
Commercial/ Residential With Water or Sewer
Commercial/ Residential Without Water or Sewer
Lot
Area, minimum (square feet)
10,000
20,000
Width, minimum (feet)
60
100
Coverage, maximum
40%
30%
Principal structure; detached and attached accessory structures
Front yard, minimum (feet)
15
15
Side yard, minimum
One side (feet)
10
15
Total both sides (feet)
20
30
Rear yard, minimum (feet)
30
30
Maximum height (feet)
35
35
Maximum residential density (multifamily, apartment, mixed use) (square feet per unit)
6,000
6,000
Maximum size, main floor (square feet)
4,000
4,000
Accessory structures, detached, less than 144 square feet
Front yard, minimum
Existing principal structure front line
Side yard setback (feet)
5
Rear yard setback (feet)
5
Maximum height (feet)
15
Required information
Must comply with § 262-35, Common review procedures and submission requirements.
Fences
Must comply with § 262-28, Fences.

§ 262-20 PC Planned Commercial.

A. 
This district is intended to promote a variety of medium- to large-scale commercial uses developed in planned and well-designed arrangements of lots, buildings and site improvements. Enhanced safety and use of public facilities is to be accomplished through site design emphasizing shared use of site components such as vehicular access and parking, signs and public facilities. This district is intended to be applied to selected areas of the Town that afford excellent vehicular access to major highways and a full range of public infrastructure services. Site development and environmental protections shall be designed to enhance the appropriate use and any planned improvements of public services such as public water, sewer, and/or drainage facilities and highways.
[Amended 2-1-2021 by L.L. No. 3-2021]
Procedure
Dimensional Group
Land Use
Use by Right
Agriculture
Agricultural district
Special Permit
Commercial
Bank
Funeral home
Hotel
Motel
Office
Personal service use
Restaurant/bar
Retail use
Nonresidential
Campground
Community center
Day-care center
Hospital
Indoor recreation (participant)
Indoor recreation (spectator)
Library
Medical care facility
Parking area
Religious institution
School
Veterinarian
Special permit
Commercial
Car wash
Drive-in service
Gasoline station/convenience store
Motor vehicle sales and service
Shopping center
Outdoor sales, service and storage
Nonresidential
Emergency vehicle station
Outdoor recreation (spectator)
Utility substation
Airstrips, private
Residential
Dwelling, converted to commercial
Dwelling, over commercial
Multiuse, residential/commercial
B. 
PC Zone District lot and structure dimensional requirements.
Dimensional Groups
All Allowed Uses
Lot
Area, minimum (acres)
1.5
Width, minimum (feet)
150
Depth, minimum
Coverage, maximum
30%
Principal structure and attached accessory structures
Front yard, minimum (feet)
75
Side yard, minimum
One side (feet)
25
Total both sides (feet)
50
Rear yard, minimum (feet)
30
Maximum height (feet)
35
Accessory structures, detached, greater than 64 square feet
Front yard, minimum
Existing principal structure front line
Side yard setback (feet)
5
Rear yard setback (feet)
5
Maximum height (feet)
10

§ 262-21 HC and I Heavy Commercial and Industrial.

A. 
This district is to accommodate generally nonretail commercial and industrial uses in limited portions of the Town and which minimize potential conflicts with residential areas. This district is intended for areas affording good highway access for truck traffic and with existing or planned availability of public water and sewer services. Site development and environmental protections shall be designed to enhance the appropriate and continued use or planned extensions of public services such as public water, sewer, and/or drainage facilities and highways.
Procedure
Dimensional Group
Land Use
Use by Right
Agriculture
Agricultural district
Special Permit
Agriculture
Agricultural processing facility
Greenhouse, commercial
Rural business use
Commercial
Bank
Car wash
Hotel
Motel
Motor vehicle sales and service
Office
Outdoor sales, service and storage
Trucking terminal
Warehouse
Wholesale use
Nonresidential
Garage, storage
Hospital
Indoor recreation (spectator)
Medical care facility
Outdoor recreation, spectator
Commercial
Bulk storage
Gasoline station/convenience store
Industrial or manufacturing use
Nonresidential
Emergency vehicle station
Utility substation
Airstrips, private
Residential
Multiuse, residential/commercial
B. 
HC and I Zone District lot and structure dimensional requirements.
Dimensional Groups
All Allowed Uses
Lot
Area, minimum (acres)
2
Width, minimum (feet)
200
Depth, minimum (feet)
Coverage, maximum
50%
Principal structure; detached and attached accessory structures
Front yard, minimum (feet)
75
Side yard, minimum
One side (feet)
25
Total both sides (feet)
50
Rear yard minimum (feet)
30
Maximum height (feet)
35
Accessory structures, detached, less than 144 square feet
Front yard, minimum
Existing principal structure front line
Side yard setback (feet)
5
Rear yard setback (feet)
5
Maximum height (feet)
15
Required information
Must comply with § 262-35, Common review procedures and submission requirements.

§ 262-22 PUD Planned Unit Development.

This district allows for a variety of land uses and a flexible arrangement of lots, structures and land uses in a well-planned and coordinated design. The flexibility of land uses and lots is achieved by the Town continuously participating in and approving stages of project planning and development. Any combination of land uses already permitted within the Town may be proposed for development on sites under this district. This district is also intended to accommodate for land uses or scales of developments that may be unique or require fuller consideration by the Town. This district may be applied anywhere in the Town, provided that the project scale and design is found to be compatible and coordinated with the environmental constraints and the existing and/or planned availability of public water, sewer and drainage facilities.
A. 
General provisions.
(1) 
Uses permitted.
Procedure
Dimensional Group
Land Use
Site Plan Review
All groups
All uses permitted in conventional zone districts
Additional uses: See § 262-22E(2)(b), Preassigned land uses.
B. 
Procedure overview.
(1) 
The classification of any property within the Planned Unit Development (PUD) District requires the undertaking of a two-step process involving the approval of both the Town Board and the Planning Board.
(2) 
In the first step, the Town Board in its legislative capacity, establishes the boundaries of the proposed PUD District and sets the limits on the nature and range of uses, geometric and site controls and overall project planning. The Town Board's action is in response to the applicant's submission of a general outline that sets forth the contemplated development for the proposed PUD District.
(3) 
The Planning Board is delegated by the Town Board to be responsible in the second step for ensuring that the general outline approved by the Town Board is properly implemented. The Planning Board achieves compliance by reviewing and approving the project plan submitted by the applicant. The project plan is the detailed narrative and graphic documentation for the development of the entire PUD District.
C. 
PUD District establishment by the Town Board.
(1) 
Establishing a PUD. All Planned Unit Development (PUD) Districts shall be established by the Town Board in accordance with the procedures set forth herein.
(2) 
Procedure. Establishment of a Planned Unit Development District is a change to the Zoning Map and shall be made by the Town Board, pursuant to the requirements of New York State Town Law governing the formation and modifications of zone districts and the following additional requirements:
(a) 
Receipt and referral. Upon receipt of a Planned Unit Development District proposal, the Town Board shall refer the PUD District submission documents to the Planning Board for its advisory opinion on the establishment of the PUD District. The Planning Board shall respond to the Town Board with a written report of its findings and recommendations within a time period established by the Town Board, to be not less than 30 days and not more than 90 days unless modified by mutual agreement of the Town Board and Planning Board.
(b) 
SEQR. The Town Board is the lead agency for purposes of the New York State Environmental Quality Review Act and shall determine the environmental significance of the proposed PUD District pursuant to SEQR and make the appropriate notification or referrals to the applicable municipalities or other levels of government.
(c) 
Review and discussion. Prior to any public hearing, the Town Board may meet informally with the applicant, the Planning Board or other interested parties to discuss the PUD District proposal.
(d) 
Public hearing. The Town Board shall hold a public hearing, after which and upon the consideration of the recommendations by the Planning Board and other agencies, it may vote upon the establishment of a Planned Unit Development District.
(e) 
Adoption. The Town Board shall, in its resolution adopting the PUD zone change, transfer the PUD District to the review authority of the Planning Board for project plan approval and shall instruct the Planning Board of the specific uses, minimum area and geometric controls to be maintained in the PUD District or in designated subareas and may stipulate project phasing and a timetable of Planning Board review. The resolution shall include a copy of the approved schematic plan of the proposed PUD District.
(f) 
Effective date. A PUD takes effect upon approval of a project plan by the Planning Board. (See Subsection D below.)
(3) 
Basis of PUD approval. The Town Board shall find that approval of a PUD is reasonable and appropriate in furthering the overall land development policies and goals of the Town. In making this determination, the Town Board shall consider how the proposed PUD conforms to the Town of Verona 1996 Comprehensive Land Use Plan, applicable infrastructure plans and policies, applicable environmental policies and programs and responds to new conditions or issues not previously addressed by the Town of Verona.
(4) 
Submission documents for district establishment. In order to obtain the approval of the Town Board for the establishment of a Planned Unit Development District, the following shall be submitted:
(a) 
Narrative. Written narrative outlining the applicant's overall concept for the proposed Planned Unit Development District, including, but not limited to, the following: an explanation of how the proposed PUD conforms to the Town Plan, the range and mix of land uses, development density, building types, impact upon existing and provision for public facilities, points of access, parking, open space/recreation areas, and project financing and phasing.
(b) 
Plan. Schematic plan of the entire site, drawn to a scale, that reasonably and graphically depicts the land use, development patterns, density and improvements addressed in the applicant's narrative statement.
(c) 
SEQR. Appropriate environmental assessment forms, as determined by the Town, in accordance with the New York State Environmental Quality Review Act (SEQR). A draft environmental impact statement may be required.
(d) 
Survey. Survey(s) of the property or properties proposed for inclusion in the PUD District.
(5) 
Phased development.
(a) 
PUD subareas. The Town Board may identify portions of a PUD District as discrete geographic subareas of the project. Such designated subareas may have land uses or standards different from the balance of the PUD District, provided that such designated subareas are fully integrated in the overall development for the entire PUD District.
(b) 
Project staging. The Town Board may establish the sequence in which development of a PUD District shall proceed by specifying the order in which subareas, sections or phases of a PUD are to be developed. If not specified by the Town Board, the Planning Board may establish a sequence of project staging during project plan review.
(c) 
Review of project phases. If a proposed PUD District is to be undertaken in a staged development, the Town Board may stagger the schedule of the Planning Board's project plan approval (Subsection D below) to correspond with the approved project staging.
D. 
Project plan approval by the Planning Board.
(1) 
Finalization of the PUD.
(a) 
The PUD District regulations are effective on a specific site, and the Zoning Map is amended, upon adoption of an approval resolution by the Town Board. However, no permits or other approvals may be issued until the Planning Board has approved a project plan.
(b) 
Failure to obtain project plan approval within the required time limits shall cause the original authorization of the Town Board to lapse, and the Planning Board shall refer the property or properties to the Town Board for a zone change back to the original zone district.
(c) 
The project plan is a detailed narrative and graphic documentation for the development of the entire land area or of designated subareas within the PUD District and, unless otherwise specified, shall be acted upon by the Planning Board within 180 days of the approval date of the PUD District by the Town Board.
(d) 
The Planning Board shall evaluate and approve the project plan in accordance with the resolution of the Town Board authorizing establishment of the PUD District, applicable site plan review standards, the Town Subdivision Regulations,[1] and all applicable codes and standards of Oneida County and New York State.
[1]
Editor's Note: See Ch. 224, Subdivision of Land.
(e) 
Unless specified by the Town Board, the Planning Board shall review and approve a schedule and order of development within the PUD.
(2) 
Planning Board responsibilities.
(a) 
The Planning Board may not specifically prohibit nor permit uses or structures not similarly authorized by the Town Board.
(b) 
The Planning Board shall ensure compliance of the project plan with the minimum area and geometric controls specified in this section unless modified by the Town Board and with the Town Board resolution establishing the PUD District.
(c) 
The Planning Board may simultaneously review and approve any proposed subdivision within the PUD.
(3) 
Submission documents for project plan approval.
(a) 
Project plan submissions. Project plans must include maps, drawings and other materials that show:
[1] 
Site plans for all construction for which building permits are being sought and all adjoining or adjacent structures.
[2] 
Landscaping plans showing all open space, plazas, malls, courts, and pedestrianways within or immediately surrounding the proposed construction.
[3] 
Grading plans showing existing and proposed topographic contours within and surrounding the proposed construction.
[4] 
Improvement plans showing existing and proposed drainage, water and sewer facilities, and easements if any within or affected by the proposed development.
[5] 
Vehicular and pedestrian circulation plans showing proposed streets, points of access, sidewalks and off-street parking and loading to serve any proposed building or facilities.
[6] 
General floor plans and building elevations of proposed structures.
[7] 
Other items as determined by the Planning Board, such as lighting, snow storage and signage.
[8] 
Construction schedule, sequence of development and project financing.
(b) 
Supporting and explanatory material. The Planning Board may require the submission of additional material to explain and justify the project plan, which could include, but is not limited to, the following:
[1] 
Information necessary to assure compatibility of the proposed project with adjoining existing uses and to Town planning objectives.
[2] 
An explanation of the manner in which all requirements of the overall project plan and of other applicable regulations are to be met and in which adequate access for emergency vehicles and fire protection is to be maintained.
(4) 
SEQR compliance for project plan review. The project plan approval is a Planning Board action that completes the formation of a PUD District. However, since the project plan includes substantially more detail and information, the Planning Board action is distinct and separate from the Town Board's initial establishment of the PUD District. Therefore, project plan review shall be conducted in accordance with the applicable procedures and requirements of New York State Town Law. Additional and/or separate environmental analysis of each project phase may be necessary to supplement the initial SEQR determination and findings made by the Town Board for the establishment of the district.
E. 
PUD performance standards.
(1) 
Unless the Town Board establishes other controls or standards at the inception of the district, the following shall apply uniformly to the entire PUD District or to designated portions.
(2) 
Land uses permitted.
(a) 
Generally. The Town Board shall specify the uses permitted within the Planned Unit Development District when such district is initially established and may identify specific uses for lots or subareas within the PUD District. Where residential uses are permitted, the Town Board may establish the unit densities. If the Board chooses not to establish densities, then the provisions of Subsection E(4) shall apply.
(b) 
Preassigned land uses. The PUD shall also be used to address uses which, due to their size or character, have potentially significant impacts and require maximum review of location, scale and design. The following uses shall be permitted only in the PUD District upon approval of the Town Board. The following additional uses are permitted only in the PUD and subject to site plan review after a PUD is established.[2]
Commercial
Excavation/mining use
Meat processor
Industrial
Airstrip, public
Junkyard
Residential
Manufactured home park
Manufactured home, single-wide
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(3) 
Minimum area.
(a) 
Minimum area. No PUD District shall have a gross land area of less than 25 acres, exclusive of existing public rights-of-way. A PUD intended to include commercial or industrial uses shall have a minimum gross area of 50 acres.
(b) 
Adding area. Once established, a PUD District may be enlarged to include other contiguous areas regardless of their size. Such areas, if separated by a public right-of-way, may be considered contiguous if, in the opinion of the Town Board, the continuity of the original PUD District is maintained or enhanced.
(4) 
Dimensional controls. The following controls shall apply unless specifically modified by the Town Board during the initial establishment of the PUD:
(a) 
Distance between buildings on one lot.
[1] 
Residential: front, rear and side yards for residential uses shall be designed so that a building is no closer than 20 feet to any other residential building and 50 feet to any nonresidential building.
[2] 
Nonresidential: front, rear and side yards for nonresidential uses shall be designed so that a building is no closer than 30 feet to any other nonresidential building and 50 feet to any residential building.
[3] 
For purposes of interpretation, a structure which contains both residential and nonresidential uses shall comply with the requirements of Subsection E(4)(a)[2] above.
[4] 
Accessory structures: shall be no closer than 10 feet to the principal structure with which they are associated and no closer than 20 feet to any other principal structure, and five feet to any other accessory structure.
(b) 
Distance from lot lines. The minimum distance between any point on a principal building and the lot line shall not be less 10 feet.
(c) 
Density of development. Unless the Town Board has established a minimum density pursuant to Subsection E(2)(a) above then all residential development shall provide an average density of 5,000 square feet per dwelling unit. Commercial and industrial uses shall maintain an average minimum density of 20,000 square feet per each building.
(d) 
Lot coverage. Maximum lot coverage for all development within a PUD District shall not exceed 35% of the gross land area.
(e) 
Height. The maximum height of all principal structures shall not exceed 35 feet for residential buildings and 40 feet for commercial or industrial buildings and accessory structures shall not exceed 15 feet.
(f) 
Parking/loading. The parking and loading provisions of this zoning chapter shall apply to PUD Districts unless modified by the Town Board. Shared parking and storage may be included in the calculation of overall parking compliance.
(g) 
Supplementary regulations and site plan standards. Unless modified by the Town Board when establishing the PUD, the supplementary regulations and site plan standards of this Zoning Chapter shall apply to all development within the PUD.
F. 
Modifications/amendments.
(1) 
Unless otherwise required by the Town Board or Planning Board, all land use activities situated within and in existence on the effective date of the PUD classification or developed in accordance with an approved project plan may be altered or modified. Such modifications shall be subject to the issuance of a project plan amendment by the Planning Board in the event of the following:
(a) 
Change in type or location of approved land uses.
(b) 
Increase in floor area in excess of 10% of a principal or accessory structure.
(c) 
Demolition of a principal structure, except where mandated by an appropriate official in the interest of public safety.
(d) 
Establishment or realignment of new streets or other public/common areas.
(e) 
Any change, except routine replacement and maintenance, to landscaping, open space, parking, public facilities or other improvements addressed in the project plan.
(2) 
District amendments. Any modification not addressed by Subsection F(1) above or exceeding the limits established at the inception of the district shall be reviewed and approved by the Town Board.
(3) 
Nonconformities. It is the intent of the PUD District that no nonconforming elements will exist within the district. The flexibility of the land use and geometric controls and review procedures should prevent the creation of any nonconforming element. In the event that a nonconformity does exist, any subsequent changes shall conform to the PUD District controls and shall be subject to an issuance of a project plan amendment by the Planning Board.

§ 262-23 Highway Overlay Zone District.

A. 
Application. The Highway Overlay Zone District applies to lots adjacent to or abutting designated highways. This overlay district imposes dimensional controls in addition to the conventional underlying zone district requirements. In the event that there is a difference or conflict with other sections of this Code then the more restrictive or largest minimum requirements shall apply.
B. 
Designated highways.
(1) 
Definitions. As used in this section, the following terms shall have the meanings indicated:
DESIGNATED HIGHWAY
A New York State Highway, such as New York State Route 31.
C. 
Corner lot requirements.
(1) 
Lots situated at the intersection of a designated highway and a nondesignated highway shall have a minimum depth of 250 feet as measured from the designated highway right-of-way edge.
(2) 
Driveway access for a corner lot to either a designated highway or a nondesignated highway shall be no closer than 100 feet to the intersection of the highway right-of-way lines.
(3) 
Within the triangular area formed by the intersection of two right-of-way lines and a third line joining them at points 50 feet away from their intersection, there shall be no planting or structures which obstruct motorists' vision or diminish highway sight distance.
D. 
Exceptions for existing lots.
(1) 
Farms and agricultural uses are exempt from designated highway lot area and frontage requirements but must conform to designated highway setback requirements.
(2) 
Lots legally existing as of the date of the adoption of this chapter which do not comply with the regulations in this section may continue to be used and developed subject to the following:
(a) 
An existing lot which has less than the minimum lot area, frontage and/or lot depth may be developed in accordance with the applicable zone district regulations, provided that it complies with the required designated highway setbacks and the applicable driveway permit standards.
(b) 
Additions, renovations and similar improvements may be made upon existing principal or accessory structures in accordance with the applicable conventional zone district regulations even if that existing structure fails to comply with designated highway setback requirements. However, those improvements shall not increase the degree of noncompliance with the designated highway setback.
(3) 
These exceptions shall not apply to two or more undeveloped contiguous lots that are jointly owned by a common entity.