The uses permitted in the districts listed below are as indicated. Uses not listed below are prohibited unless provided otherwise. In this table symbols have the following meanings:

(Code 1966, §§ 44-IV-2(A)—(D), 44-IV-3(A)—(C), 44-IV-4(A)—(D), (K), 44-IV-5(A)—(D), 44-IV-2, 44-XI-2(A), 44-XI-3(A), 44-XI-4, 44-XI-7(A), 44-XI-9(A), (B), 44-XI-11, 44-XI-12, 44-XI-15, 44-XI-16(B), (C), 44-XI-19; L.L. No. 8 of 1991, § 1; L.L. No. 5 of 2016, §§ 6(e), 11; L.L. No. 4 of 2025, § 3)

The uses permitted in the districts listed below are as indicated. Uses not listed below are prohibited unless provided otherwise. In this table symbols have the following meanings:

(Code 1966, §§ 44-IV-6(A)—(D), 44-IV-7(A)—(D), 44-IV-8(A)—(D), 44-IV-9(A)—(D), 44-IV-10(A)—(C), I, 44-XI-2, 44-XI-3(A), 44-XI-5, 44-XI-6, 44-XI-7(A), 44-XI-8, 44-XI-9(D)—(H), 44-XI-10, 44-XI-11, 44-XI-13—44-XI-15, 44-XI-16(A), (D)—(F), 44-XI-17, 44-XI-19, 44-XI-21; L.L. No. 1 of 1993, § 1; L.L. No. 4 of 1996, § 2; L.L. No. 7 of 1996, § 1; L.L. No. 1 of 2003, § 2; L.L. No. 11 of 2004, § 1; L.L. No. 17 of 2006, § 1; L.L. No. 6 of 2007, § 1; L.L. No. 3 of 2011, § 2; L.L. 2 of 2016, § 3; L.L. No. 5 of 2016, § 7; L.L. No. 4 of 2025, § 3)

(a)

Scope. This section applies to condominiums in the RC district.

(b)

Accessory uses. The following accessory uses are permitted in connection with the permitted use of land for a condominium, with planning board approval:

(1)

Recreational facilities.

(2)

A clubhouse.

(3)

Health facilities and service facilities used in connection with and related to a condominium.

(c)

Lot, area and height restrictions.

(1)

There shall not be more than eight (8) residential units per acre of land.

(2)

Each residential unit shall be set back at least fifty (50) feet from any street right-of-way, side or rear lot line.

(3)

Each accessory building shall be set back at least twenty-five (25) feet from any principal building, fifty (50) feet from any front or side lot line and ten (10) feet from any rear lot line.

(4)

Each accessory building shall be under two (2) stories in height and shall not be in excess of twenty (20) feet in height.

(5)

All principal buildings shall be under three (3) stories in height and shall not be in excess of forty (40) feet in height.

(6)

In each residential unit there shall be a minimum living area per family of seven hundred fifty (750) square feet.

(7)

Two (2) parking spaces shall be provided for each residential unit.

(Code 1966, § 44-IV-4(K))

The following provisions shall apply to customary home occupations:

(a)

Permitted uses.

(1)

Permitted customary home occupations are: office for attorney, insurance agent, engineer, architect, surveyor, accountant, or real estate; dressmaker, seamstress, or tailor; music teacher limited to a single pupil at a time; photo studio; furniture restoration and upholstering; radio and television repair; printing shop; dancing instructor limited to three (3) pupils at a time; notary public; watch and clock repair; clerical and office type work; telemarketing; tax preparation; answering service; home crafts; tutoring; travel agent; internet sales; computer programing; barber, beautician or hair dresser limited to one (1) client at a time.

(2)

Non-permitted home occupations are: animal training, boarding and care; sale and repair of gasoline or electric motors or vehicles of any description; machine shop; tool rental; lawn mower sales, service and repair; sign company; art dealers and antique shops; teaching of ceramics; dog daycare; boat, motor or trailer sales, service, or repair; convalescent home.

(3)

Home occupations not specifically allowed in paragraph (1) above nor specifically disallowed in paragraph (2) above, shall be allowed only by special permit by the zoning board of appeals after a public hearing at which all interested citizens shall be afforded an opportunity to be heard. The special permit shall be issued by the zoning board of appeals upon its being satisfied that the public convenience and welfare will be substantially served and that the appropriate use of the neighboring property will not be injured thereby.

(4)

Local construction contractors shall be permitted to operate their company office in their primary place of residence. One (1) company logoed motor vehicle is permitted at the residence. No other exterior evidence of the company office is allowed, i.e. signs, trailers, construction materials or debris, etc.

(5)

Family day care homes and group family day care homes, licensed by New York State, shall be allowed in any residential zoning district, without requiring a home occupation permit or a special permit from the zoning board of appeals, as outlined in New York State statute.

(b)

General provisions.

(1)

Home occupations shall only be permitted in the zoning districts outlined in sections 24-151 and 24-152 of this Code.

(2)

The home occupation shall be conducted and operated by members of the immediate family residing in the premises.

(3)

Not more than one-quarter (1/4) of the gross floor area of the structure, including basement area, is to be utilized for the home occupation.

(4)

The owner must provide ingress and egress of the area used as a home occupation by an entrance from the front or side of the principal structure, and not from the rear thereof.

(5)

No external evidence of such occupation shall be permitted, except signs as permitted by law. There shall be no outdoor operations or outdoor storage of materials, products or equipment.

(6)

No machinery or equipment shall be permitted that produces noise, noxious odor, vibration, glare, or electrical, radio, or electromagnetic interference beyond the boundaries of the property. Only general types and sizes of machinery or equipment that are typically found in dwellings for hobby or domestic purposes shall be permitted. No use shall generate noise or glare in excess of what is typical for a residential neighborhood.

(7)

The occupation shall not involve the storage or use of hazardous, flammable or explosive substances, other than types and quantities commonly found in a residence. The occupation shall not involve the use of toxic substances. No materials or process shall be stored or utilized which is hazardous to the public health, safety and welfare.

(8)

The exterior of the building and the parcel shall not be changed in such a way as to decrease its residential appearance.

(9)

An occupation shall not be conducted in a manner that is perceptible in external effects (noise, odor, traffic, etc.) from beyond the property boundary between the hours of 8:00 pm and 8:00 am. This limit shall also apply to any loading or unloading of vehicles on the property or on the adjacent street which causes noise to the adjoining residential properties.

(10)

The home occupation shall generate no additional traffic than can be accommodated by the existing residential driveway.

(Code 1966, §§ 44-IV-3(C), 44-IV-4(D); L.L. No. 3 of 2018)

The following provisions apply to normal forest management and wood lots are permitted when allowed as an accessory use:

(1)

Diseased trees and those trees infested by detrimental insects may be removed.

(2)

No open burning of brush or felled trees shall be permitted without a permit by the county health department.

(3)

Commercial harvesting for commercial and/or industrial use shall be subject to chapter 6, article V of this Code.

(Code 1966, § 44-IV-5(D))

The following provisions apply to removable roadside stands for the sale of agricultural products on the premises, when permitted as an accessory use:

(1)

The stand shall not be located closer than twenty (20) feet to any lot line and shall not comprise a completely enclosed structure.

(2)

Parking for three (3) cars shall be provided on the lot for customers of the stand.

(Code 1966, § 44-IV-5(D))

Where property abuts two (2) or more streets, all buildings including principal and accessory buildings must have a setback of not less than thirty (30) feet from each street, except as otherwise provided with respect to principal buildings on corner lots.

(Code 1966, § 44-VI-12)

If the alignment of existing buildings within one hundred (100) feet of each side of the lot in question, regardless of the district but within the same block and on the same side of the street, is nearer the street line than the setback line prescribed for the district, any building or structure may extend as near the street line as the average formed by the prescribed setback and such existing alignment.

(Code 1966, § 44-VI-7)

When the property in a nonresidential district abuts on any residential district, a side yard set-back of not less than thirty (30) feet in width shall be required on that side which adjoins the residence district.

(Code 1966, § 44-VI-8)

The height limitations in this chapter shall not apply to chimneys, skylights, unoccupied architectural designs of commercial buildings approved by the planning board, flagpoles or ventilators, nor towers or spires of churches or other public buildings; provided that for each foot by which the height permitted in the district is exceeded, the side, front and rear yard required in the district shall be each increased an additional foot.

(Code 1966, § 44-VI-9; L.L. No. 7 of 1991, § 1)

(a)

Scope. This section applies to the RA-1 district.

(b)

Lot limitations.

(1)

Minimum lot size.

a.

The minimum lot area is nine thousand (9,000) square feet. Dwellings with a private sanitary sewer shall have such greater areas as may be required by section 24-704.

b.

The minimum lot frontage is seventy-five (75) feet, or seventy-five (75) feet measured at the thirty-foot front set-back line, provided such lot has a minimum of fifty (50) feet of frontage on the street.

(2)

Maximum percentage of lot coverage. The maximum percentage of lot coverage is as follows:

a.

For a principal building, twenty-five (25) percent.

b.

For an accessory building, ten (10) percent.

(3)

Minimum yard dimensions. The minimum yard dimensions from lot lines to principal building are as follows:

a.

For the front yard, thirty (30) feet.

b.

For each side yard, seven (7) feet. On corner lot the side yard adjacent to the street shall not be less than twenty (20) feet in width. An accessory building shall observe a thirty-foot setback in the side yard.

c.

For the rear yard, thirty-five (35) feet.

d.

The minimum yard dimensions in feet from lot lines to principal building on corner lots shall be administered on the basis of a written election by the owner setting forth which side of his lot is to be considered the front. The written election must be filed with the administrative officer.

(4)

Accessory buildings. The minimum dimension from an accessory building to:

a.

The principal building is ten (10) feet in rear of principal building.

b.

Side lot lines is three (3) feet. On a corner lot the side yard adjacent to the street shall be not less than twenty (20) feet in width. Accessory buildings shall observe a thirty-foot setback in such side yard.

c.

The rear lot line is three (3) feet.

(c)

Building limitations. Principal buildings shall not exceed:

(1)

Two and one-half (2½) stories.

(2)

Forty (40) feet in height.

(3)

Accessory building. Accessory buildings shall not exceed:

a.

Two (2) stories.

b.

Twenty (20) feet in height.

(d)

Exceptions.

(1)

On a corner lot, the side yard adjacent to the street shall be not less than twenty (20) feet in width. Accessory buildings shall observe a thirty-foot setback in the side yard.

(2)

Principal nonresidential structures may be erected to a height greater than specified, provided that the front, rear and side yards shall be increased by two (2) feet for each one (1) foot by which such building exceeds the maximum height limitations set forth, and provided that the maximum height does not exceed the height capabilities of the town's firefighting equipment.

(Code 1966, § 44-IV-2(D)—(G); L.L. No. 5 of 2016, § 3)

(a)

Scope. This section applies to the RA-2 district.

(b)

Lot limitations.

(1)

Minimum lot size.

a.

The minimum lot area is nine thousand (9,000) square feet for lots used or to be used for one-family dwellings; twelve thousand five hundred (12,500) square feet for lots used or to be used for two-family dwellings. Dwellings with a private sanitary sewer shall have greater area, as may be required by section 24-704.

b.

The minimum lot frontage is seventy-five (75) feet for lots used or to be used for one-family dwellings; or seventy-five (75) feet measured at the thirty-foot setback line, provided such lot has a minimum fifty-foot frontage on a street and otherwise meets all other requirements used or to be used for one-family dwellings; and one hundred (100) feet for lots used or to be used for a two-family dwelling.

c.

Under no circumstances shall a building permit be issued for a two-family dwelling for any lot which fails to comply with the foregoing minimum lot sizes for lots used or to be used for two-family dwellings, regardless of the inclusion of any such lot upon any recorded subdivision and regardless of any improvements which may have been made to any lot prior to the effective date of the local law from which this provision is derived; nevertheless, any building permit for any two-family dwelling which shall have been issued prior to such effective date shall not be affected.

(2)

Maximum percentage of lot coverage. The maximum percentage of lot coverage is as follows:

a.

For a principal building, twenty-five (25) percent.

b.

For an accessory building, ten (10) percent.

(3)

Minimum yard dimensions. The minimum yard dimensions from lot lines to principal building are as follows:

a.

For the front yard, thirty (30) feet.

b.

Each side yard, seven (7) feet. On a corner lot, the side yard adjacent to the street shall be not less than twenty (20) feet in width. Accessory buildings shall observe a thirty-foot setback in the side yard.

c.

For the rear yard, thirty-five (35) feet

d.

The minimum yard dimensions in feet from lot lines to principal building on corner lots shall be administered on the basis of a written election by the owner setting forth which side of his lot is to be considered the front. The written election must be filed with the administrative officer.

(4)

Accessory buildings. The minimum dimension from an accessory building to:

a.

The principal building is ten (10) feet in rear of building.

b.

Side lot lines is three (3) feet. On a corner lot, the side yard adjacent to the street shall be not less than twenty (20) feet in width. Accessory buildings shall observe a thirty-foot setback in such side yard.

c.

The rear lot line is three (3) feet.

(c)

Building limitations.

(1)

Principal building. Principal buildings shall not exceed:

a.

Two and one-half (2½) stories.

b.

Forty (40) feet in height.

(2)

Minimum living area. The minimum living area per family is seven hundred fifty (750) square feet. No recreational travel trailer or mobile home shall be considered in the establishment of the minimum living area per family.

(3)

Accessory building. Accessory buildings shall not exceed:

a.

Two (2) stories.

b.

Twenty (20) feet in height.

(d)

Exception. On a corner lot, the side yard adjacent to the street shall be not less than twenty (20) feet in width. Accessory buildings shall observe a thirty-foot setback in the side yard.

(e)

Scope. For existing lots which are established on or before March 31, 2009 as permitted under section 24-62 or under a legally approved variance, the following requirements shall apply:

(1)

Lot limitations. Minimum lot size:

a.

For a vacant lot to be used for a one-family dwelling the minimum lot frontage is fifty (50) feet; or the existing legal unaltered lot frontage.

b.

The minimum lot frontage is one hundred (100) feet for any lot to be used as a two-family dwelling.

c.

For a vacant lot to be used for a one-family dwelling a minimum lot area of seven thousand five hundred (7,500) square feet is required.

d.

For any lot to be used as a two-family dwelling a minimum lot area of twelve thousand five hundred (12,500) square feet as required.

(2)

Maximum percentage of lot coverage. The maximum percentage of lot coverage is as follows:

a.

For a principal building, thirty (30) percent.

b.

For an accessory building, fifteen (15) percent.

(3)

Minimum yard dimensions.

a.

The minimum yard dimensions from lot lines to the principal building are as follows:

1.

For the front yard, twenty (20) feet.

2.

Each side yard, six (6) feet.

On a corner lot, the side yard adjacent to the street shall be not less than fifteen (15) feet in width.

3.

For the rear yard, thirty (30) feet.

b.

The minimum yard dimensions from lot lines to an accessory building are as follows:

1.

To the principal building is ten (10) feet from the building, in the rear yard of the lot.

2.

Each side yard, three (3) feet.

On a corner lot, the side yard adjacent to the street shall be not less than fifteen (15) feet in width.

3.

For the rear yard, three (3) feet.

(4)

Building limitations.

a.

Principal buildings shall not exceed:

1.

Two and one-half (2½) stories in height.

2.

Forty (40) feet in height.

b.

Accessory buildings shall not exceed:

1.

Two (2) stories.

2.

Twenty (20) feet in height.

(5)

Corner lot property front. The minimum yard dimensions in feet from lot lines to buildings on corner lots shall be administered on the basis of a written election by the owner setting forth which side of his lot is to be considered the front. The written election must be filed with the code enforcement officer.

(6)

Public utilities. Any existing lot without the services of municipal water and sewer shall have these facilities properly extended to serve the property prior to construction of any principal building and shall connect as required to structures constructed on the property.

(f)

Accessory use towers or structures other than buildings, shall not exceed:

(1)

Thirty (30) feet in height.

(Code 1966, § 44-IV-3(D)—(F); L.L. No. 10 of 2009, § 1; L.L. No. 5 of 2016, § 6(a); L.L. No. 2 of 2023, § 1)

(a)

Scope. This section applies to the RC district.

(b)

Lot limitations.

(1)

Minimum lot size.

a.

The minimum lot area for one-story multifamily dwelling structures is three thousand five hundred (3,500) square feet per family. The minimum lot area is three thousand (3,000) square feet per family for two- and three-story multifamily dwelling structures. The minimum lot area for townhouses is five thousand five hundred (5,500) square feet per family.

b.

The minimum frontage for multifamily dwellings is one hundred (100) feet or one hundred (100) feet measured at the thirty-foot front setback line provided that such lot has a minimum eighty (80) feet of frontage on the street. For townhouses the minimum frontage is forty (40) feet for each unit plus an additional fifty (50) feet.

(2)

Minimum yard dimensions. The minimum yard dimensions from lot lines to principal building, in the case of multifamily dwellings, are as follows:

a.

For the front yard, thirty (30) feet.

b.

For each side yard, seven (7) feet. On a corner lot the side yard adjacent to the street should be not less than twenty (20) feet in width. Accessory buildings shall observe a thirty-foot setback in each such side yard.

c.

For the rear yard, thirty-five (35) feet.

d.

The minimum yard dimensions in feet from lot lines to principal buildings on a corner lot shall be administered on the basis of a written election by the owner setting forth which side of his lot is to be considered the front. The written election must be filed with the administrative officer.

(3)

Accessory buildings. The minimum dimension from an accessory building to:

a.

The principal building is ten (10) feet, in rear of principal building.

b.

Side lot lines is as follows:

1.

For a multifamily dwelling, three (3) feet.

2.

For a townhouse, twenty-five (25) feet.

c.

The rear lot line is as follows:

1.

For a multifamily dwelling, three (3) feet.

2.

For a townhouse, ten (10) feet.

(4)

Additional provisions relating to townhouses.

a.

The maximum number of units in one (1) structure for a townhouse shall not exceed eight (8) units, and the maximum density per acre shall not exceed ten (10) units.

b.

No one (1) cluster of attached townhouses shall be located less than twenty-five (25) feet from any other cluster of attached townhouses.

(5)

Maximum percentage of lot coverage. The maximum percentage of lot coverage is as follows:

a.

For a principal building, twenty-five (25) percent.

b.

For accessory structures ten (10) percent.

(c)

Building limitations.

(1)

Principal building. Principal buildings shall not exceed:

a.

In the case of multifamily dwellings:

1.

Three (3) stories. The minimum front, rear and side yard widths shall be increased one (1) foot per each one (1) foot by which the residential or other buildings exceed the height of thirty-five (35) feet.

2.

Forty (40) feet in height.

b.

In the case of townhouses:

1.

Two and one-half (2½) stories.

2.

Thirty-five (35) feet in height.

(2)

Minimum living area. The minimum living area per family is as follows:

a.

For a multifamily dwelling, seven hundred fifty (750) square feet.

b.

For a townhouse, seven hundred fifty (750) square feet.

(3)

Accessory buildings. Accessory buildings for multifamily dwellings and townhouses shall not exceed:

a.

Two (2) stories.

b.

Twenty (20) feet.

(d)

Exceptions.

(1)

On a corner lot, the side yard adjacent to the street shall be not less than twenty (20) feet in width. Accessory buildings shall observe a thirty-foot setback in the side yard.

(2)

Principal nonresidential structures may be erected to a height greater than specified, provided that the front, rear and side yards shall be increased by two (2) feet for each one (1) foot by which such building exceeds the maximum height limitations set forth, and provided that the maximum height does not exceed the height capabilities of town firefighting equipment.

(3)

The minimum front, rear and side yard widths shall be increased one (1) foot for each one (1) foot by which residential or other buildings exceed the height of thirty-five (35) feet.

(4)

A minimum lot area of two thousand (2,000) square feet per dwelling unit shall be required for structures. which are two (2) stories in height and which are designed and constructed for occupancy by no more than two (2) persons per dwelling unit. The units shall each contain a minimum of four hundred (400) square feet of living area.

(e)

Subordinate uses. Additional amenities and uses affiliated with multiple residence properties such as, but not limited to, detached garages, accessory buildings, swimming pools, recreational areas for sports or exercising, shall not be located in a front yard.

(f)

Accessory use towers or structures other than buildings, shall not exceed:

(1)

Thirty (30) feet in height.

(Code 1966, § 44-IV-4(E)—(G); L.L. No. 5 of 2016, §§ 2, 4, 6(b))

(a)

Scope. This section applies to the RR district.

(b)

Lot size.

(1)

Findings. Residential development in approved subdivisions with public sewer and water is more desirable than rural residential development. The cost of providing public fire and emergency services is more economical in approved subdivisions, and the lack of permeable soil creates substantial problems in rural residential areas. The impermeable soils in rural residential areas in the town combined with grades of over fifteen (15) percent on twenty-five (25) percent of the property cause serious hazards. Private sewage systems are often inadequate and have a short useful life. Wells for water often have to be redug in areas where development has occurred, and drainage problems have plagued rural development where subdivision regulations do not control development. Dwellings in rural residential areas that are distant from the road can be difficult to service with emergency vehicles in bad weather. The town finds that it is desirable to limit and regulate the construction in rural residential areas.

(2)

Minimum lot size.

a.

The minimum frontage is two hundred forty (240) feet, except as provided in paragraph (6) of this subsection.

b.

A rectangle measuring two hundred forty (240) feet by two hundred forty (240) oriented as parallel as possible to the lot frontage shall fit on the lot with at least one (1) point touching the lot frontage.

c.

Lot size requirements for properties that have remained in the unaltered shape and size may be considered a legal lot for use, and as detailed in paragraph (b)(5), provided the following dates and sizes are existing.

1.

Properties established and proven by an accurate deed, from 1946—1961 which have not less than sixty (60) feet frontage and twelve thousand five hundred (12,500) square feet in area.

2.

Properties established and proven by an accurate deed, from 1962—March 15, 1971 which have not less than one hundred (100) feet frontage and twenty thousand (20,000) square feet in area.

(3)

Sewer system setback. The minimum setback is the minimum area required by the county health department for the sewer system, plus room for expansion of the minimum. area by fifty (50) percent. The sewer system shall not be closer than twenty (20) feet to the front property line nor closer than fifteen (15) feet to all side and back property lines.

(4)

Location of building. Subject to considerations of topography, preservation of trees, drainage, roadways, water and sewer systems, and as otherwise practical, the placement of the building on the parcel shall be in a manner that will facilitate future subdivisions into lots having eighty (80) feet of frontage. To obtain this purpose, the permit officer may make reasonable requirements of plot plan layout. Such requirements shall be subject to review by the zoning board of appeals.

(5)

Nonconforming uses. Nonconforming uses must meet the requirements of the county health department as to the adequate area and conditions to provide for proper sanitary disposal. However for the purpose of this subsection, and despite contrary language elsewhere in this chapter, a parcel which was zoned agricultural RA-1 or RA-1 and RA-2 immediately prior to the adoption of the local law from which this paragraph is derived shall be presumed to be in single and separate ownership without reference to the ownership of adjacent properties if the instrument creating such separate parcel was recorded in the county clerk's office on or before March 15, 1971. If two (2) or more contiguous parcels are reconveyed after March 15, 1971, so as to create one (1) parcel, and a copy of the instrument is recorded in the county clerk's office, then the parcels shall, for the purpose of this subsection, be considered a single and separate ownership from March 15, 1971.

(6)

Special permits. The zoning board of appeals may grant a special permit to build on lots not having two hundred forty (240) feet of frontage and depth, subject to the following:

a.

An application for a special permit pursuant to this subsection shall be accompanied by the following:

1.

A plot plan showing existing and proposed elevations.

2.

The location of all proposed wells and the location of all existing wells on adjoining properties within five hundred (500) feet.

3.

Location of the proposed structure.

4.

Location of the driveway and type of construction of the driveway.

5.

Such information on drainage as the zoning board of appeals may determine to be necessary.

6.

Location and type of sewage system.

b.

The lot shall have a minimum frontage on an accepted street, owned in fee by the lot owner, of not less than fifty (50) feet.

c.

The area of the lot shall be a minimum of two and one-half (2½) acres.

d.

The building permit shall indicate the location of the well, which shall be at least two hundred forty (240) feet from all wells on neighboring properties.

e.

The zoning board of appeals must find that there are both practical difficulties and unnecessary hardships necessitating the special permit and that the appropriate use of neighboring property will not be injured thereby.

f.

The zoning board of appeals shall make such conditions to the special permit as are desirable to protect the neighboring properties.

g.

The decisions of the zoning board of appeals shall be filed by the applicant with the county clerk in miscellaneous records, and no building permit shall be issued until proof of filing is presented to the code enforcement officer.

h.

Thirty (30) days' notice of the application shall be given to the conservation advisory commission, the town engineer, the fire marshal, the town board and planning board and to all property owners within five hundred (500) feet of the property. Notice shall be given by the town clerk and a fee of thirty dollars ($30.00) shall be charged therefor, in addition to the standard required fee.

i.

A special permit may only be granted for a parcel containing ten (10) acres or less upon a finding by the zoning board of appeals that the lot was not, within the ten (10) years prior to the granting of the special permit, part of a larger tract of land which has been divided into five (5) or more parcels within the ten-year period.

(c)

Other lot limitations.

(1)

Minimum yard dimensions. The minimum yard dimensions from lot lines to principal building are as follows:

a.

For the front yard, thirty (30) feet.

b.

For each side yard, seven (7) feet. On a corner lot, the side yard adjacent to the street shall be not less than twenty (20) feet in width. Accessory buildings shall observe a thirty-foot setback in the side yard.

c.

For the rear yard, thirty-five (35) feet.

d.

Minimum yard dimensions in feet from lot lines to principal building on corner lots shall be administered on the basis of a written election by the owner setting forth which side of his lot is to be considered the front. The written election must be filed with the administrative officer.

(2)

Accessory buildings. The minimum yard dimension from accessory building to:

a.

The principal building is ten (10) feet.

b.

The front lot line is thirty (30) feet.

c.

Side lot lines is seven (7) feet. On a corner lot, the side yard adjacent to the street shall be not less than thirty (30) feet in width.

d.

The rear lot line is seven (7) feet.

e.

Accessory buildings for residential use purposes shall not exceed:

1.

Two (2) stories.

2.

Twenty-five (25) feet in height.

f.

Accessory buildings solely for agricultural use as permitted and occurring on the property, shall not exceed:

1.

Two-and-one-half (2 ½) stories.

2.

Thirty (30) feet in height.

(3)

Subdivision approval. In no event shall the planning board approve a subdivision unless the subdivision can meet all the requirements of this section, including but not limited to a frontage of two hundred forty (240) feet, a depth of two hundred forty (240) feet and a sewer system setback, together with all the other requirements of this section.

(d)

Building limitations. Principal buildings shall not exceed:

(1)

Three (3) stories.

(2)

Fifty (50) feet in height, provided that the maximum height does not exceed the capabilities of town firefighting equipment.

(e)

Exception. No principal or accessory building used for farming purposes shall be located closer than one hundred (100) feet to any RA-1, RA-2 or RC district.

(f)

Towers and other accessory use structures shall not exceed.

(1)

Fifty (50) feet in height.

(Code 1966, § 44-IV-5(E)—(G); L.L. No. 9 of 2007, § 1; L.L. No. 5 of 2016, §§ 5(a)—5(c))

Editor's note— L.L. No. 5 of 2016, adopted Oct. 12, 2016, amended § 24-183, and in so doing changed the title of said section from "ER district" to "RR district," as set out herein.

(a)

Scope. This section applies to the C-1 district.

(b)

Lot limitations.

(1)

Minimum lot size.

a.

The minimum lot area is twenty-two thousand five hundred (22,500) square feet.

b.

The minimum lot frontage is one hundred fifty (150) feet.

(2)

Maximum percentage of lot coverage.

a.

The maximum percentage of lot coverage for a principal building is fifty (50) percent.

b.

The maximum percentage of lot coverage for an accessory building is twenty (20) percent.

(3)

Minimum yard dimensions. The minimum yard dimensions from lot lines to principal buildings are as follows:

a.

For the front yard, thirty (30) feet.

b.

For each side yard, five (5) feet. On a corner lot the side yard adjacent to the street shall be not less than twenty (20) feet in width. Accessory buildings shall observe a thirty-foot setback in the side yard.

c.

For the rear yard, fifteen (15) feet.

d.

The minimum yard dimensions in feet from lot lines to principal building on a corner lot shall be administered on the basis of a written election by the owner setting forth which side of his lot is to be considered the front. The written election must be filed with the administrative officer.

(4)

Accessory buildings. The minimum dimension from accessory building to:

a.

The principal building is five (5) feet.

b.

The front lot line is thirty (30) feet.

c.

The side lot line is five (5) feet. On a corner lot the side yard adjacent to the street shall be not less than thirty (30) feet.

d.

The rear lot line is ten (10) feet.

(c)

Building limitations.

(1)

Principal buildings shall not exceed:

a.

Three (3) stories.

b.

Forty (40) feet, provided that the maximum height does not exceed the capabilities of town firefighting equipment.

(2)

Accessory buildings shall not exceed:

a.

Two (2) stories.

b.

Thirty (30) feet, provided that the maximum height does not exceed the capabilities of town firefighting equipment.

(d)

Accessory use towers or structures other than buildings, shall not exceed:

(1)

Thirty (30) feet in height.

(Code 1966, § 44-IV-6(E); L.L. No. 6 of 2000, § 1, 2; L.L. No. 5 of 2016, § 6(c))

(a)

Scope. This section applies to the C-2 district.

(b)

Lot limitations.

(1)

Minimum lot size.

a.

The minimum lot area is twenty-two thousand five hundred (22,500) square feet.

b.

The minimum lot frontage is one hundred fifty (150) feet.

(2)

Maximum percentage of lot coverage. The maximum percentage of lot coverage for the principal building and accessory buildings is a total of eighty (80) percent.

(3)

Minimum yard dimensions. The minimum yard dimensions from lot lines to the principal buildings are as follows:

a.

For the front yard, thirty (30) feet.

b.

For each side yard, five (5) feet. On a corner lot, the side yard adjacent to the street shall not be less than twenty (20) feet in width. Accessory buildings shall observe a thirty-foot setback in the side yard.

c.

For the rear yard, fifteen (15) feet.

d.

The minimum yard dimensions in feet from lot lines to principal building on a corner lot shall be administered on the basis of a written election by the owner setting forth which side of his lot is to be considered the front. The written election must be filed with the administrative office.

(4)

Accessory buildings. The minimum dimension from accessory building to:

a.

The principal building is five (5) feet.

b.

The front line is thirty (30) feet.

c.

The side lot line is five (5) feet. On a corner lot the side yard adjacent to the street shall not be less than thirty (30) feet in width.

d.

The rear lot line is ten (10) feet.

(c)

Building limitations.

(1)

Principal building. Principal buildings shall not exceed:

a.

Four (4) stories.

b.

Fifty (50) feet in height, subject to the capabilities of town firefighting equipment.

(2)

Accessory building. Accessory buildings shall not exceed:

a.

Two (2) stories.

b.

Thirty (30) feet in height.

(d)

Accessory use towers or structures other than buildings, shall not exceed:

(1)

Thirty (30) feet in height.

Code 1966, § 44-IV-7(E), (F); L.L. No. 5 of 2016, § 6(d))

(a)

Scope. This section applies to the CD district.

(b)

Lot limitations.

(1)

Minimum lot size.

a.

The minimum lot area is twenty-two thousand five hundred (22,500) square feet.

b.

The minimum lot frontage is one hundred fifty (150) feet.

(2)

Maximum percentage of lot coverage. The maximum percentage of lot coverage for the principal building and accessory buildings is a total of eighty (80) percent.

(3)

Minimum yard dimensions. The minimum yard dimensions from lot lines to principal buildings are as follows:

a.

For the front yard, thirty (30) feet.

b.

For each side yard, five (5) feet. On a corner lot, the side yard adjacent to the street shall be not less than twenty (20) feet in width. Accessory buildings shall observe a thirty-foot setback in the side yard.

c.

For the rear yard, fifteen (15) feet.

d.

The minimum yard dimensions in feet from lot lines to principal building on a corner lot shall be administered on the basis of a written election by the owner setting forth which side of his lot is to be considered the front. The written election must be filed with the administrative officer.

(4)

Accessory buildings. The minimum dimension from accessory building to:

a.

The principal building is five (5) feet.

b.

The front lot line is thirty (30) feet.

c.

The side lot line is five (5) feet. On a corner lot, the yard adjacent to the street shall be not less than thirty (30) feet in width.

d.

The rear lot line is ten (10) feet.

(c)

Building limitations.

(1)

Principal building. Principal buildings shall not exceed:

a.

Four (4) stories.

b.

Fifty (50) feet, provided that the maximum height does not exceed town fire-fighting equipment.

(2)

Accessory building. Accessory buildings shall not exceed:

a.

Two (2) stories.

b.

Thirty (30) feet in height.

(d)

Accessory use towers or structures other than buildings, shall not exceed:

(1)

Thirty (30) feet in height.

(Code 1966, § 44-IV-8(E), (F); L.L. No. 5 of 2016, § 6(e))

(a)

Scope. This section applies to the I district.

(b)

Lot limitations.

(1)

Minimum lot size.

a.

The minimum lot area is twenty-two thousand five hundred (22,500) square feet.

b.

The minimum lot frontage is one hundred fifty (150) feet.

(2)

Maximum percentage of lot coverage. For the principal building and accessory buildings, the entire lot may be occupied, with the exception of any mandatory open spaces required.

(3)

Minimum yard dimensions. The minimum yard dimensions from lot lines to the principal building are as follows:

a.

For the front yard, thirty (30) feet.

b.

For each side yard, fifteen (15) feet. On a corner lot, the side yard adjacent to the street shall not be less than twenty (20) feet in width. Accessory buildings shall observe a thirty-foot setback in the side yard.

c.

For the rear yard, fifteen (15) feet.

d.

The minimum yard dimensions in feet from lot lines to principal building on a corner lot shall be administered on the basis of a written election by the owner setting forth which side of his lot is to be considered the front. The written election must be filed with the administrative officer.

(4)

Accessory buildings. The minimum dimension from accessory building to:

a.

The principal building is zero.

b.

The front lot line is thirty (30) feet.

c.

The side lot line is fifteen (15) feet. On a corner lot, the side yard adjacent to the street shall be not less than thirty (30) feet in width.

d.

The rear lot line is fifteen (15) feet.

(c)

Building limitations.

(1)

Principal building. Principal buildings shall not exceed:

a.

Five (5) stories.

b.

Sixty (60) feet in height, provided that the maximum height does not exceed the capabilities of town firefighting equipment.

(2)

Accessory building. Accessory buildings shall not exceed:

a.

Five (5) stories.

b.

Sixty (60) feet in height, subject to the capabilities of town firefighting equipment.

(d)

Exceptions.

(1)

Radio, television or other antenna tower, or chimney and smoke stacks, may be erected to a height in excess of the authorized building limitations.

(2)

Whenever an industrial district adjoins a residential district, a transition zone of not less than fifty (50) feet shall be reserved along the boundary line. The transition area shall be reserved for nonmanufacturing purposes such as off-street parking and landscaping.

(Code 1966, § 44-IV-9(D), (E))

(a)

Scope. This section applies to the ID district.

(b)

Lot limitations.

(1)

Minimum lot size.

a.

The minimum lot area is twenty-two thousand five hundred (22,500) square feet.

b.

The minimum lot frontage is one hundred fifty (150) feet.

(2)

Maximum percentage of lot coverage. The maximum percentage of lot coverage for the principal building and accessory buildings is a total of eighty (80) percent.

(3)

Minimum yard dimensions. The minimum yard dimensions from lot lines to the principal buildings are as follows:

a.

For the front yard, thirty (30) feet.

b.

For each side yard, twenty (20) feet. On a corner lot, the side yard adjacent to the street shall not be less than twenty (20) feet in width. Accessory buildings shall observe a thirty-foot setback in the side yard.

c.

For the rear yard, fifteen (15) feet.

d.

The minimum yard dimensions in feet from lot lines to principal building on a corner lot shall be administered on the basis of a written election by the owner setting forth which side of his lot is to be considered the front. The written election must be filed with the administrative office.

(4)

Accessory buildings. The minimum dimension from accessory building to:

a.

The principal building is five (5) feet.

b.

The front line is thirty (30) feet.

c.

The side lot line is twenty (20) feet. On a corner lot the side yard adjacent to the street shall not be less than thirty (30) feet in width.

d.

The rear lot line is thirty (30) feet.

(c)

Building limitations.

(1)

Principal building. Principal buildings shall not exceed:

a.

Four (4) stories.

b.

Fifty (50) feet in height, subject to the capabilities of town firefighting equipment.

(2)

Accessory building. Accessory buildings shall not exceed:

a.

Two (2) stories.

b.

Twenty (20) feet in height.

(d)

Exceptions.

(1)

When the property abuts on any residential district, a side yard not less than fifty (50) feet in width shall be required on that side which adjoins the residential district.

(2)

Rear yards which adjoin a residential district shall maintain a rear yard dimension of not less than fifty (50) feet.

(Code 1966, § 44-IV-10(C)—(F))

The regulations regarding lot limitations, including lot area, frontage, side line, front line and rear line restrictions as set forth in sections 24-184—24-186 shall be applicable to a shopping plaza as though it were one (1) single lot regardless of whether portions of the shopping plaza land are owned by separate entities, provided that deed restrictions and cross easements are reviewed and approved by the town planning board.

(L.L. No. 5 of 1991, § 1; L.L. No. 3 of 1995, § 1)

(a)

Scope. This section applies to the RO district. This district is intended for limited non-residential uses in existing residential structures which maintain the inherent residential nature of the immediate surrounding area.

(b)

Design standards. The design standards set forth in section 24-191 herein and any appendices thereto shall apply to all proposed uses in this district.

(c)

Lot limitations. Minimum lot size, yard dimensions and building limitations. This zoning district is intended to apply only in instances where existing residential structures are being utilized for the principal use. Therefore the minimum lot area and lot frontage shall be that which exists on any unaltered, individual tax map parcel at the time of the enactment of the RO zoning amendment for each affected parcel. Similarly, since only existing residential structures are being used in this district, the applicable yard dimensions and building size limitation shall be the same as the existing footprint. No additions may be made without town board approval.

(d)

Parking. The location and number of parking spaces on the lot shall be established on a case by case basis by the town board during the special permit review, which determination shall be limited to the minimum required parking requirements of the particular proposed use in accordance with section 24-201. The town board has the express authority to require a lesser amount of parking spaces than the number otherwise required under section 24-201 if appropriate and still adequate for the intended use. In addition, the town board shall use as a guide but not be bound by the parking configuration specifications set forth in section 24-201 to 24-210. Shared driveways and parking should be encouraged, to the extent permitted by the town board by adjusting setback requirements.

(e)

Non-residential accessory buildings. Non-residential accessory buildings shall not be permitted in this district except to the extent such a building is already in existence at the time of the zoning amendment for the particular lot in question. In that instance, the intended use of the accessory building is subject to review by the town board as part of the special permit review process.

(f)

Outside storage. Non-residential storage of any equipment, materials, debris or other items is prohibited unless specifically authorized by the town board.

(g)

Lawn and/or landscaped area. At least thirty (30) percent of the lot shall be green space. Additional buffer and landscaped areas may be required by the town board as it deems necessary to protect adjoining residential areas from either the principal use or its ancillary uses such as parking, ingress and egress, and similar uses.

(L.L. No. 1 of 2003, § 3)

(a)

Scope. This section applies to the TN district, which is designed to allow limited non-residential uses in areas where preservation and protection of adjacent or nearby residential areas is essential.

(b)

Lot limitations.

(1)

Minimum lot size.

a.

The minimum lot area for this district is twenty-two thousand four-hundred (22,400) square feet.

b.

The minimum lot frontage is one-hundred forty (140) feet.

(2)

Maximum lot coverage. The maximum percentage of lot coverage for all buildings is forty (40) percent.

(3)

Minimum yard dimensions.

a.

The minimum yard dimensions from lot lines to the principal building are as follows:

1.

For the front yard, thirty (30) feet.

2.

For the side yard, twenty (20) feet. On a corner lot the side yard adjacent to the street shall not be less than thirty (30) feet.

3.

For the rear yard, thirty (30) feet.

4.

The minimum yard dimensions in feet to the principal building on a corner lot shall be applied on the basis that the front yard shall be the yard facing the major thoroughfare.

5.

Where a property abuts a residentially developed property, the setback from that property line shall be fifty (50) feet.

b.

The minimum yard dimensions from lot lines to the edge of parking and/or paved areas are as follows:

1.

From the front property line, ten (10) feet.

2.

From the side property line, ten (10) feet.

3.

From the rear property line, ten (10) feet.

4.

Where a property abuts a residentially developed property, thirty (30) feet.

c.

Height limitations. No building on any lot shall exceed two (2) stories nor be more than thirty-five (35) feet in height.

d.

Accessory structures shall not be permitted within this district.

(L.L. No. 1 of 2003, § 4)

(a)

Scope. This section applies to the TO district, which is designed to allow limited non-residential uses in areas where preservation and protection of adjacent or nearby residential areas is essential.

(b)

Lot limitations.

(1)

Minimum lot size.

a.

The minimum lot area for this district is twenty-two thousand four hundred (22,400) square feet.

b.

The minimum lot frontage is one hundred forty (140) feet.

(2)

Maximum lot coverage. The maximum impervious coverage of a lot shall be sixty (60) percent. If the maximum impervious coverage is reduced to below sixty (60) percent as a result of meeting the minimum requirements for buffer strips and yard dimensions, the review board may reduce the buffer strip separating a residential and non-residential use from a minimum of thirty (30) feet to a minimum of fifteen (15) feet if such a reduction will not have a detrimental impact on the residential use.

(3)

Minimum yard dimensions.

a.

The minimum yard dimensions from lot lines to the principal building are as follows:

1.

For the front yard, thirty (30) feet.

2.

For the side yard, twenty (20) feet. On a corner lot the side yard adjacent to the street shall not be less than thirty (30) feet.

3.

For the rear yard, thirty (30) feet.

4.

The minimum yard dimensions in feet to the principal building on a corner lot shall be applied on the basis that the front yard shall be the yard facing the major thoroughfare.

5.

Where a property abuts a residentially developed property, the setback from that property line shall be fifty (50) feet.

b.

The minimum yard dimensions from lot lines to the edge of parking and/or paved areas are as follows:

1.

From the front property line, ten (10) feet.

2.

From the side property line, fifteen (15) feet. On a corner lot the side yard adjacent to the street shall not be less than ten (10) feet.

3.

From the rear property line, fifteen (15) feet.

4.

Where a property abuts a residentially developed property, thirty (30) feet.

c.

Accessory structures shall not be permitted within this district.

(L.L. No. 11 of 2004, § 2)

Editor's note— L.L. No. 11 of 2004, § 2, did not specify manner of inclusion; hence, inclusion as § 24-192 is at the discretion of the editor.

(a)

Each off-street parking space shall be at least nine and one-half (9½) feet in width and twenty (20) feet in length. Vehicular access, egress and circulation shall be provided.

(b)

In residential districts, off-street parking spaces shall be located either on the same lot or lots adjoining the principal use they are intended to serve. In all other districts, required off-street parking spaces may be located either on the same lot or within two hundred (200) feet of the lot line upon which a principal use to be served by such parking spaces is located. In no case shall required parking spaces be located upon a public street or highway right-of-way or include any space so allocated to satisfy off-street loading space requirements as set forth in this chapter.

(c)

Each parking area providing more than four (4) parking stalls and located less than thirty (30) feet from the property line shall be screened on all sides abutting or fronting on any parcel located in a residential district in accordance with the provisions of section 24-203.

(Code 1966, § 44-VII-2; L.L. No. 2-1995, § 1)

(a)

Each off-street loading area shall be not less than twelve (12) feet in width and thirty (30) feet in length, shall observe a vertical clearance of fourteen (14) feet and shall be provided with appropriate means of vehicular ingress and egress. No off-street loading space shall be located on a public street or highway.

(b)

No off-street loading area shall be located closer than fifty (50) feet to any lot of a residential district, unless it is located within a completely enclosed building or screened in accordance with the provisions set forth in section 24-203.

(Code 1966, § 44-VII-4)

(a)

Screening areas, as required in sections 24-201 and 24-202, shall consist of an area not less than six (6) feet in width along residential lot lines which shall be planted with deciduous shrubs, evergreens or ornamental trees or, in lieu thereof, a wall or fence. Lighting used to illuminate off-street parking and loading areas shall be nonflashing, indirect or diffused and shall be so arranged as to reflect the direct rays of light away from all adjoining property and roadways.

(b)

All required parking shall be constructed so that it is in an impervious, all-weather surface, and all driveways shall be paved to the adjoining road surface.

(Code 1966, § 44-VII-5)

(a)

Upon issuance of an occupancy permit, the subsequent use of the property shall be conditioned upon the continuance and availability of the designated number of off-street parking and loading areas for such use. Whenever a structure is increased in size or changed in use so as to require an increase in parking and loading requirements, the use shall be in violation of this chapter until such additional requirements are complied with.

(b)

Existing off-street parking or loading facilities provided in connection with the operation of an existing structure or use shall not be reduced to an amount less than required for a similar new structure.

(Code 1966, § 44-VII-7)

At the time of the erection of any principal structure or at the time of any principal structure being enlarged or increased in capacity, the minimum number of required off-street parking spaces as set forth for the use shall be provided. Fractional units of measurements of one-half or more shall be interpreted as requiring one(1) off-street parking space. Any units of measurement of less than one-half shall be disregarded. Where a residential district abuts any other district, site plan approval is required.

(Code 1966, §§ 44-VII-1, 44-VII-6, 44-VII, 8)

(a)

Requirements for both residential and commercial uses are outlined as set forth in the schedule in section 24-207.

(b)

Where no requirement is designated and the use is not compatible to any of the listed uses, parking and loading requirements shall be determined by the Town of Vestal Planning Board based upon the capacity of the facility and its associated uses. The planning board may consult with the town engineer or other resources in its determination.

(L.L. No. 4 of 2018, § 1)

Editor's note— Local Law No. 4 of 2018, § 1, adopted Sept. 12, 2018, repealed § 24-206 and reenacted a new section as set out herein. Former § 24-206 pertained to Schedule of off-street parking requirements—Residential districts and derived from Code 1966, §§ 44-IV-2(H), 44-IV-3(G), 44-IV-4(H), 44-IV-5(H).

(L.L. No. 4 of 2018, § 2)

Editor's note— Local Law No. 4 of 2018, § 1, adopted Sept. 12, 2018, repealed § 24-207 and reenacted a new section as set out herein. Former § 24-207 pertained to Schedule of off-street parking requirements—Nonresidential districts and derived from Code 1966, §§ 44-IV-2(H), 44-IV-3(G), 44-IV-4(H), 44-IV-5(H).

Editor's note— Local Law No. 4 of 2018, adopted Sept. 12, 2018, repealed § 24-208, which pertained to Schedule of off-street loading requirements—Generally and derived from Code 1966, §§ 44-VII-3, 44-VII-6.

Editor's note— Local Law No. 4 of 2018, adopted Sept. 12, 2018, repealed § 24-209, which pertained to Schedule of off-street loading requirements—Residential districts and derived from Code 1966, §§ 44-IV-4(I), 44-IV-5(I).

Editor's note— Local Law No. 4 of 2018, adopted Sept. 12, 2018, repealed § 24-210, which pertained to Schedule of off-street loading requirements—Nonresidential districts and derived from Code 1966, §§ 44-IV-6(G), 44-IV-7(H), 44-IV-8(H), 44-IV-9(I), 44-IV-10(H).

(a)

In certain districts within the town, there is a need to aesthetically blend and yet functionally separate the allowed non-residential uses with the traditional surrounding residential areas. The following design standards are intended to provide both the reviewing board and developers with the expectations of the town in this important process.

(1)

Lighting. Lighting shall be designed both in scale and intensity so as not to impact neighboring residential areas. No illuminated sign or light fixture shall direct light in a way which would create a traffic hazard or be detrimental to adjoining or neighboring residences. Residential style ground security lighting and light poles which are decorative in nature shall be used. Light fixtures shall be no more than eighteen (18) feet high from the finished grade or the building height, whichever is less. Illumination levels from lighting on any site subject to those standards shall not exceed one (1) foot candle at any property boundary or ten (10) foot candles anywhere on the site.

(2)

Building facade materials. Building facades shall be comprised of brick, wood or man-made masonry materials upon a determination by the reviewing board that such materials will properly simulate brick, wood, or a natural stone. Building colors should be muted so as to blend in appropriately with the surrounding area.

(3)

Roof types. All roofs shall be gabled with a minimum pitch of 5" of vertical rise for each twelve (12) inches of horizontal run.

(4)

Accessory equipment.

a.

All roof, wall or ground mounted mechanical equipment, such as heating and air conditioning units, exhaust fans, satellite dishes, etc. shall be confined within the principal structure or within an area enclosed by a wall, fence, berm or hedge of sufficient height and density to provide year round screening from view from surrounding streets, properties and parking lots.

b.

All dumpsters, recycling containers and similar units shall be fully enclosed by a structure made of materials consistent with the principal building on that site and screened by appropriate landscaping. Dumpsters shall be located in such an area as to be the least intrusive to any adjacent residential property. The outside storage of any equipment, products, raw materials, waste, junk, debris or similar items is prohibited. All enclosures shall be maintained in new or nearly new condition. There shall be no garbage pickup prior to 7:00 a.m.

(5)

Buffering between uses.

a.

It is the intent of this section to provide natural buffer areas so as to separate non-residential uses from adjacent residential uses or adjacent residential district boundaries. Such a buffer is intended to:

1.

Provide an aesthetic transition between residential and non-residential uses,

2.

To protect the cohesiveness and the character of residential areas and uses,

3.

To shield residential uses from the more intrusive uses typically found in non-residential uses.

b.

Where a non-residential use abuts an existing residential use, a lawn and/or landscape area or a year round transitional buffer strip of thirty (30) feet shall be provided and maintained, consisting of existing or native trees, lawn, brush, shrubs and/or new plantings in sufficient quantity, type, size and density as determined necessary by the reviewing board to appropriately screen and protect adjoining properties. No structure shall be permitted in any such area. All such areas shall be clearly shown on any proposed site plan being reviewed and the reviewing board may request that the property owner or developer utilize the services of a professional landscape designer or planner in this process.

(6)

Parking lot design.

a.

Parking lots shall be located in so as to abut public streets so as to minimize the impact on adjacent residential areas to the side or rear, provided however, that parking lots shall be separated from the street by a buffer strip at least ten (10) feet in width which includes trees, low decorative walls, hedges, shrubs or a combination thereof.

b.

The interior and edges of parking lots shall include landscaping of sufficient quantity and design so as to break up any large parking area. To that end, no row of perpendicular parking spaces shall exceed ten (10) spaces unless a landscaped island of at least nine (9) feet in width is provided. Parking spaces shall be landscaped with appropriate deciduous trees or conifers.

(7)

Signs. Signs in TN and RO districts shall be approved by the town board after recommendation of the sign review board.

(L.L. No. 1 of 2003, § 5)

For purposes of applying section 24-726, uses within RO and TN districts shall be deemed residential in nature.

(L.L. No. 1 of 2003, § 6)

In the event a condition, limitation or other requirement of either the town board or the planning board is not complied with, or in the event of the demolition of the residential structure being used for the principal use, or upon failure of the owner to correct any violation after ten (10) days written notice from the town code enforcement department, the special permit and/or site plan approval previously granted by the town shall be automatically revoked.

(L.L. No. 1 of 2003, § 7)

Each use contemplated under this section shall be subject to the review of the town planning board, unless such use is subject to a special permit, in which case the town board shall have review authority. The town board shall evaluate a special permit request in the RO and TN districts pursuant to the provisions of section 24-376 of the town code. The town board may in its discretion request a recommendation regarding the special permit application from the town planning board. In any case, no special permit or site plan Approval for any use in this district shall be granted without first having conducted a public hearing. Notice of the public hearing shall be mailed to all property owners within five hundred (500) feet of the affected parcel. The cost of such mailing shall be borne by the applicant.

(L.L. No. 1 of 2003, § 8; L.L. No. 5 of 2016, § 8(a))

(a)

In certain districts within the town, there is a need to aesthetically blend and yet functionally separate the allowed non-residential uses with the traditional surrounding residential areas. The following design standards are intended to provide both the reviewing board and developers with the expectations of the town in this important process.

(1)

Lighting. Lighting shall be designed both in scale and intensity so as not to impact neighboring residential areas. No illuminated sign or light fixture shall direct light in a way which would create a traffic hazard to be detrimental to adjoining or neighboring residences. Residential style ground security lighting and light poles which are decorative in nature shall be used. Light fixtures shall be no more than twelve (12) feet high from the finished grade or the building height, whichever is less. Illumination levels from lighting on any site subject to those standards shall not exceed one (1) foot candle at any property boundary or ten (10) foot candles anywhere on the site. Lights are to be turned off when business is closed except for minimal low intensity residential style security lighting.

(2)

Building facade materials. Building facades shall be comprised of brick, wood, man-made masonry or "high quality" synthetic materials that properly simulate brick, wood or man-made masonry, as determined by the reviewing board.

(3)

The total height of a building shall not exceed twenty one (21) feet from the main floor elevation. All roofs shall be gabled with a minimum pitch of four (4) inches of vertical rise for every twelve (12) inches of horizontal run.

(4)

Accessory equipment.

a.

All wall or ground mounted mechanical equipment, such as heating and air conditioning units, exhaust fans, satellite dishes, etc. shall be confined within the principal structure or within an area enclosed by a wall, fence barn or hedge of sufficient height and density to provide year round screening from view from surrounding streets, properties and parking lots. No roof mounted mechanical equipment is permitted.

b.

All garbage cans, recycling containers and similar units shall be fully enclosed by a structure made of materials consistent with the principal building on that site and screened by appropriate landscaping. No dumpsters are permitted. The outside storage of any equipment, products, raw materials, waste, junk, debris or similar items is prohibited. All enclosures shall be maintained in new or nearly new condition. There shall be no garbage pickup prior to 7:00 a.m.

(5)

Buffering between uses.

a.

It is the intent of this section to provide natural buffer areas so as to separate non-residential uses from adjacent residential uses or adjacent residential district boundaries. Such a buffer is intended to:

1.

Provide an aesthetic transition between residential and non-residential uses;

2.

To protect the cohesiveness and the character of residential areas and uses;

3.

To shield residential uses from the more intrusive uses typically found in non-residential uses.

b.

Where a non-residential use abuts an existing residential use, a lawn and/or landscape area or a year round transitional buffer strip of thirty (30) feet shall be provided and maintained, consisting of existing or native trees, lawn, brush, shrubs and/or new plantings in sufficient quantity, type, size and density as determined necessary by the reviewing board to appropriately screen and protect adjoining properties. The slope contour of a buffer strip abutting a residential zone cannot be increased from its original state in the first fifteen (15) feet from the property line. No structure shall be permitted in any such area. All such areas shall be clearly shown on any proposed site plan being reviewed and the reviewing board may request that the property owner or developer utilize the services of a professional landscape designer or planner in this process.

(6)

Parking lot design.

a.

Parking lots shall be located in so as to abut public streets so as to minimize the impact on adjacent residential areas to the side or rear, provided however, that parking lots shall be separated from the street right-of-way by a buffer strip at least ten (10) feet in width which includes trees, low decorative walls, hedges, shrubs or a combination thereof.

b.

The interior and edges of parking lots shall include landscaping of sufficient quantity and design so as to break up any large parking area. To that end, no row of perpendicular parking spaces shall exceed ten (10) spaces unless a landscaped island of at least nine (9) feet in width is provided. Parking islands shall be landscaped with appropriate deciduous trees or conifers.

(7)

Signs.

a.

Only one (1) ground sign or monument sign is permitted. Ground and monument signs shall not exceed a total of thirty two (32) square feet with no dimension greater than eight (8) feet.

b.

Only one (1) wall sign per tenant is permitted. Wall signs shall be of uniform size and color and shall not exceed fourteen (14) inches in height or a total of sixteen (16) square feet.

c.

Window wall signs are prohibited.

d.

Illuminated signs must be turned off when business is closed.

(L.L. No. 11 of 2004, § 2)

For purposes of applying section 24-726, uses within RO and TN districts shall be deemed residential in nature.

(L.L. No. 11 of 2004, § 3)

In the event a condition, limitation or other requirement of either the town board or the planning board is not compiled with, or in the event of the demolition of the residential structure being used for the principal use, or upon failure of the owner to correct any violation after ten (10) days written notice from the town code enforcement department, the special permit and/or site plan approval previously granted by the town shall be automatically revoked.

(L.L. No. 11 of 2004, § 4)

Each use contemplated under this section shall be subject to the review of the town planning board, unless such use is subject to a special permit, in which case the town board shall have review authority. The town board shall evaluate a special permit request in the TN district pursuant to the provisions of section 24-376 of this Code. The town board may in its discretion request a recommendation regarding the special permit application from the town planning board. In any case, no special permit for any use in these districts shall be granted without first having conducted a public hearing held by the town board. Notice of the public hearing shall be mailed to all property owners within five hundred (500) feet of the affected parcel. The cost of such mailing shall be borne by the applicant.

(L.L. No. 11 of 2004, § 5; L.L. No. 5 of 2016, § 8(b))