Walton Town City Zoning Code
ARTICLE IV
District Regulations
§ 200-13 Applicability.
Except as hereinafter provided, no building, structure or land shall be used or occupied unless for a use expressly permitted by, and in conformity with, the general and supplementary regulations specified in this chapter for the zoning district in which it is located.
No building shall be erected, nor existing building be moved, altered, enlarged, or rebuilt, nor shall any open space surrounding any building be encroached upon or reduced in any manner, except in conformity with the yard, lot area and building location regulations herein after designated for the district in which such building or open space is located.
§ 200-14 Intent.
The legislative intent of this Article IV is to set forth land uses or activities which are permitted in the Town of Walton, to specify and designate the zoning districts in which each use or activity will be permitted, with or without special conditions, or after a special permit has been granted, and establish appropriate density, area, and other bulk regulations which will be applicable within each district.
§ 200-15 Schedule of regulations.
Regulations for land uses or activities permitted in the various land use districts, or land uses or activities requiring special permits or conditions attached to them are set forth in Schedule 1.[1] (Schedule 1 is hereby adopted and made part of this chapter.) Regulations for lot size, yards, building height and similar density, area and other bulk requirements are set forth in the following text.
[1]
Editor's Note: Schedule 1, Types of Uses and Districts, is included as an attachment to this chapter.
§ 200-16 Rural II District (R-2).
[Amended 1-8-2024 by L.L. No. 1-2024]
Description. This zoning district encompasses all land within 1,000 feet of the center line of a state or county road and with direct frontage and direct access to such road, and all land within 500 feet of the center line of a Town road and with direct frontage and access to such road. For the purposes of this section, state, county and Town roads are those roads publicly maintained as of the date this chapter is adopted. State, county and Town roads are identified on the Zoning District Map.
Purpose. The purpose of this corridor district is to allow for a variety of mixed uses that, when and if developed, would still maintain the rural character of the area.
Permitted accessory uses. Located on the same lot with the permitted principal use. Some accessory uses (*) are subject to additional conditions as set forth in Article V, Supplementary Regulations.
Private garage.
Parking (*).
Farm labor dwelling (*).
Home occupation, home professional office (*).
Private swimming pool (*).
Garden house, toolshed, storage shed.
Nursery/greenhouse, noncommercial.
Roadside stand.
Recreational vehicles and equipment (*).
Signs (*).
Dish antennas (*).
Alternative energy systems, private.
Exterior spotlighting (*).
Private stable, hobby farm, noncommercial agriculture.
Other uses and buildings that are customarily accessory, provided such uses are clearly incidental to the principal use and does not include any activity commonly conducted as a business.
Accessory dwelling units (*).
Special permit uses. See Schedule I.[1] Special permit use requires an application for approval to the Walton Planning Board.
[1]
Editor's Note: Schedule I is included as an attachment to this chapter.
Density, height, area and yard requirements.
Minimum lot size: two acres.
Minimum frontage: 200 feet continuous road frontage; 75 inches on cul-de-sac.
Maximum height: 35 feet.
Front setback: 75 feet from center line of road or 50 feet from edge of road right-of-way if said right-of-way is greater than 50 feet wide.
Side and rear setback: 25 feet.
Maximum lot coverage: 25%.
Maximum lot depth to width ratio: 8:1.
Portions of land zoned R-V may be included in lots hereafter subdivided and located in the R-II District if at least two acres in size and the minimum lot depth-to-width ratio for the R-II District is not exceeded by the lot as a whole.
§ 200-17 Rural V District (R-5).
Description. This district includes all lands not described as Rural II or Industrial. In general, the district includes most of the land in the Town of Walton.
Purpose. The purpose of this district is to permit only low-density, residential development and limited commercial development.
Permitted principal uses: same as R-2.
Permitted accessory uses: same as R-2. Located on the same lot with the permitted principal use. Some accessory uses (*) are subject to additional conditions as set forth in Article V, Supplementary Regulations.
Special permit uses: see Schedule I.[1] Special permit uses require an application for approval to the Walton Town Planning Board.
[1]
Editor's Note: Schedule I is included as an attachment to this chapter.
Density, height, area and yard requirements.
Minimum lot size: five acres.
Minimum frontage: 300 feet continuous road frontage; 100 feet on cul-de-sac.
Maximum height: 35 feet.
Front setback: 75 feet from the center line of road or 50 feet from edge of right-of-way if said right-of-way is greater than 50 feet wide.
Side and rear setback: 25 feet.
Maximum lot coverage: 20%.
§ 200-18 Industrial District (I).
Description. This district consists of the parcel of land located south of the village of Walton on South River Road and owned by the Delaware County Industrial Development Agency.
Purpose. The purpose of this district is to provide for the establishment of industrial uses essential to the development of a balanced economic base and to regulate its development so it will not be detrimental or hazardous to the surrounding community.
Permitted principal uses.
Manufacture of machinery, such as carburetor and small machine parts, cash registers, sewing machines and typewriters, calculators and other office machine.
Fabrication of metal products, such as baby carriages, bicycles, metal, foil, tin, aluminum, gold, etc.; metal furniture, musical instruments, sheet metal products and toys.
Fabrication of paper products, such as bags, bookbinding, boxes and packaging material; office supplies and toys.
Fabrication of wood products, such as boats, boxes, cabinets, and woodworking, furniture and toys.
Food and associated industries, such as bakeries, bottling of food and beverages, food and cereal mixing and milling, food processing, food sundry manufacturing, ice cream manufacturing and manufacturing of spirituous liquor.
The manufacturing and processing of pharmaceutical and cosmetic products.
Office buildings for executive, engineering and administrative purposes.
Scientific or research laboratories devoted to research, design and/or experimentation and processing and fabrication incidental thereto.
Other uses of a light industrial or agricultural nature which involves only the processing, assembly, fabrication or packaging of previously prepared or refined materials.
Warehousing.
Wholesaling.
Bulk storage.
Agriculture/forest and wildlife management.
Permitted accessory uses. Located on the same lot with the permitted use. Some accessory uses (*) are subject to additional conditions as set forth in Article V, Supplementary Regulations.
Public garage and storage buildings, which are necessary to store any vehicles, equipment, or materials on the premises.
Signs (*).
Dish antennas (*).
Solar equipment.
Exterior spotlight (*).
Off-street parking (*).
Open space and picnic area for employees.
Alternative energy system.
Special permit uses. See Schedule I.[1] Special permit uses require an application for approval to the Walton Town Planning Board.
[1]
Editor's Note: Schedule I is included as an attachment to this chapter.
Other provisions and requirements.
Residential uses shall be prohibited.
No use shall result in or cause at any time dust, smoke, smog, observable gas, fumes or odors, or other atmospheric pollution, objectionable noise, glare, or vibration to be discernible beyond the property lines of the industry.
No use shall result in or cause a hazard of fire or explosion or other physical hazard to any adjacent building or to any plant growth or any land adjacent to the site of the use.
All industrial processes shall take place within an enclosed building. Industrial storage out of doors is permitted, provided that such materials are shielded from view from public roads and adjacent nonindustrial districts by fencing, landscaping or other appropriate measures.
All uses shall set aside not less than 15% of the lot to be devoted to seeding, planting, retention of the tree cover, or other landscaping. This area shall be used for no other purpose.
Each use in this district shall provide truck loading and unloading areas in an amount sufficient to permit the transfer of goods and products in other than a public road, off-street parking area or front yard.
Signs shall be permitted for advertising industrial activities on the premises which shall not exceed, in aggregate, 15% of the area of the front facade of the building. Such sign(s) may be illuminated but shall not be of the flashing type.
Industrial structures shall be located so as to be a minimum of 100 feet from any nonindustrial district. This 100-foot buffer strip shall be perpetually maintained so as to provide visual screening and separation between the industrial and nonindustrial uses.
Parking areas may be located in any of the required yard areas, provided they are not less than 50 feet from a right-of-way line or 20 feet from a property line.
§ 200-19 Development Limitations Overlay (DL).
Description. This is an overlay and includes all lands shown on the Development Limitations Overlay Map(s), on file in the Town Clerk's office, and are hereby declared to be part of this chapter. The development limitations shown on the map(s) include:
Flood hazard areas are those areas identified by the Federal Insurance Administration on its Flood Hazard Boundary Map No. 306215D, dated June 19, 2012, and as may be amended.
Steep slope areas of 25% or more.
Purpose. The purpose of this overlay zone is to protect the Town from overdevelopment in and around natural areas and environmentally sensitive areas important to the people of the Town of Walton.
Determination of applicability.
Zoning permits. The Code Enforcement Office shall review all zoning permit applications to determine if construction is proposed in the flood hazard area or within 100 feet of a New York State freshwater wetland. No zoning permit for any construction in the flood hazard area shall be issued until the Planning Board has issued a special use permit for such construction. No zoning permit shall be issued for any construction within 100 feet of New York State wetland until the applicant has obtained all applicable approvals from the New York State Department of Environmental Conservation.
Special use permits and site plans. The Planning Board shall require that plans comply with the New York State Wetland Act, the Federal Flood Insurance Regulation guidelines and Chapter 127, Flood Damage Prevention, prior to the issuance of special use permits or approval of site plans,
Subdivisions. As part of the subdivision review process, the Planning Board shall determine the applicability of the development limitations requirements. Such decisions shall be appealable to the Zoning Board of Appeals in accord with § 200-85B(1). The Planning Board may accept detailed information on slope, elevation, or watershed areas certified and submitted by a licensed surveyor in determining the extent of the Development Limitations Overlay District.
Permitted principal uses: same as underlying district.
Permitted accessory uses: same as underlying district.
Special permit uses: same as underlying district.
Other provisions and requirements.
All new construction may be permitted within the area designated as a flood hazard area by special permit only. It shall be the responsibility of the applicant to prove to the Planning Board's satisfaction that all construction complies with Federal Flood Insurance Regulation guidelines and Chapter 127, Flood Damage Prevention.
Activities proposed within a designated wetland or within 100 feet of the wetland shall be subject to the guidelines and regulations of the New York State Freshwater Wetlands Act which, together with subsequent amendments, are hereby adopted.
Density, height, area and yard requirements.
Maximum number of subdivision lots.
Percentage of Original Parcel With One or More Development Limitation(s) | Number of Lots Allowed Per Acre of Original Parcel | |
|---|---|---|
R-2 | R-5 | |
Under 25% | 0.36 | 0.15 |
25% to 50% | 0.36 | 0.14 |
50.1% to 75% | 0.26 | 0.10 |
Over 75% | 0.22 | 0.09 |
Minimum frontage: 50 feet more than underlying district; only 10 feet more than underlying district on cul-de-sac.
Maximum height: 35 feet.
Front setback: same as underlying district.
Side and rear setback: same as underlying district.
Maximum lot coverage: same as underlying district.
Maximum lot depth to width ratio: same as underlying district.
Minimum lot size: same as underlying district.
§ 200-20 Equivalent uses.
Any use of land or buildings not specifically listed in Schedule I[1] for the applicable zoning district is not permitted. In the case of any dispute over the meaning of a word, phrase, sentence, definition, or of Schedule I, the Code Enforcement Officer is hereby authorized to make a definitive determination thereof, being guided in such determination by the purposes and intent of this chapter as set forth in Article I. Any determination made by the Code Enforcement Officer may be appealed to the Zoning Board of Appeals in the manner prescribed in Article IX.
When a use is not specified in Schedule I, a landowner may request, in writing, the Planning Board to initiate an amendment to this chapter to provide for the use. The Planning Board shall act upon said request within 90 days and may pass a resolution to provide the use if it finds that:
There is no clear intent to exclude such use; and
The proposed use is appropriate within the zoning district and would have no more adverse effects on other uses within the zoning district, or on uses in adjoining districts, than would uses of the same general character permitted in the zoning district; and
The proposed use is compatible with the Comprehensive Plan.
[1]
Editor's Note: Schedule I is included as an attachment to this chapter.