Wilson Town City Zoning Code
ARTICLE IV
District Regulations
§ 127-10 General provisions.
Except as may be hereinafter provided, the provisions of this article shall govern the use of land and buildings in the various districts, specifically:
A.
Use of land and buildings. No building shall hereafter be erected and no existing building shall be altered, added to or move on or onto a lot nor shall any land or building be used or arranged to be used for any purpose other than is included among the uses listed in this article for the district in which it is located.[1]
[1]
Editor's Note: Former § 127-10B, regarding building structure and height, was moved to § 127-29 at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B.
Space and area regulations. No building shall be hereafter erected nor shall any existing building be altered, enlarged or moved, nor shall any lot, yard, lot width, open space, loading or parking space required in relation to any building or use be encroached upon or reduced in any manner not in conformity with the lot area, lot area per family, lot coverage, open space and building bulk regulations, yard requirements and other space and area regulations designated herein for the district in which it is located, as specified by the Zoning Schedule.[2]
[2]
Editor's Note: The Zoning Schedule is included as an attachment to this chapter.
C.
Lot area requirements. No building shall be hereafter erected nor shall any existing building be altered, enlarged or moved so as not to be in conformity with the requirements for minimum lot area and minimum lot area per family as specified by the Zoning Schedule.
[Amended 4-14-1997 by L.L. No. 2-1997]
(1)
No building permit will be issued for construction on a nonconforming lot.
(2)
No lot will be accepted for filing as a building lot in the Town of Wilson that is undersized for building within the district in which it is located.
(3)
No lot may be severed from another lot leaving an undersized improved lot. Whether a lot is undersized will be determined by reference to the district in which it is located.
D.
Use of yards. Yards, as required herein, shall not be used for the storage of merchandise, equipment, building materials, junk, vehicles, vehicle parts or any other material or for signs, except as specific provision is made therefor.
E.
Yard requirements. No building shall be hereafter erected nor shall any existing building be altered, enlarged or moved so as not to be in conformity with the requirements of front, side and rear yards as specified by the Zoning Schedule.
F.
Greenbelt regulations. As specified herein, specific permitted uses, accessory uses, temporary uses and special uses require a separation or buffer zone from neighboring adjacent lots. This greenbelt consisting of grass areas, trees, plantings, etc., may be included in the yard dimensions.
G.
Grade limitation. The grade of any improved lot or premises shall conform substantially to that of adjacent improved property and shall have at least a rise of 1/4 inch per foot of setback, measured from the crown of the furthest adjacent street.
H.
Combining of parcels. Two or more contiguous or neighboring parcels (held in one ownership) shall only be combined upon the filing of a recorded deed properly describing the contiguous parcels as one entity with a singular property description.
[Added 2-18-2015 by L.L. No. 1-2015]
I.
Portable storage units and temporary storage trailers. Portable storage units, trailers utilized for storage and Quonset but structures used for temporary storage shall be allowed subject to the following conditions:
[Added 7-15-2015 by L.L. No. 3-2015]
(1)
Portable storage units and temporary storage trailers are prohibited from being placed in streets or the front yard of a property. Portable storage units and temporary storage trailers must be kept in the driveway of the property at the furthest accessible point from the street. All locations must be paved off-street surfaces.
(2)
Placement of portable storage units and temporary storage trailers shall not exceed 30 consecutive days.
(3)
Only one portable storage unit or temporary storage trailer may be placed at any residential property at one time.
J.
Recreational vehicles/travel trailers. Recreational vehicles/travel trailers shall not be deemed a dwelling in any zone in the Town of Wilson. Recreational vehicles/travel trailers shall not be lived in for more than thirty days and no more than two are allowed on a parcel at any time. All Recreational vehicles/travel trailers shall be registered.
[Added 6-21-2023 by L.L. No. 1-2023; amended by L.L. No. 1-2024]
§ 127-10.1 Planned unit developments.
[Added 8-8-1988 by L.L. No. 4-1988]
A.
Intent and purpose. It is the intent and purpose of this section to create a zoning district which would permit the establishment of planned unit developments (PUDs) on one or more designated sites and in proper locations so as to:
(1)
Variety of housing types: provide the opportunity for the creation of a wider variety of housing types in the Town, ranging from single-family detached to single-family attached units (townhouses) and designated to serve the present and the future housing needs of those persons working or living in the Town of Wilson.
(2)
Creative use of large tracts: encourage the creative use of large tracts located on state or County highways so as to promote the establishment of a more desirable living environment than would be possible through their subdivision in accordance with the conventional standards established elsewhere in this chapter.
(3)
Flexibility of design and development: permit flexibility of design and development in such a way as to promote superior land planning design, greater economy, efficiency and convenience in the arrangement of land uses and their supporting infrastructure, preserve open space and protect floodplains and other natural features.
(4)
Service and utilities: encourage orderly and well-planned development of a scale and location that will make it feasible to construct a comprehensive package of supporting utilities, services and facilities, active and passive recreation facilities, a stormwater control and retention system, etc., so as to achieve developments which are environmentally, physically, visually and economically superior.
(5)
Traffic circulation: encourage orderly development of sites with substantial frontage on state and County highways to provide safe, efficient access and traffic circulation.
(6)
Master Plan: promote a development pattern in harmony with the objectives of the Town's Master Plan.
(7)
Preservation: preserve steep slopes, wetlands, flood-prone areas, historic structures or unique natural or geological formations, rare vegetation or habitats of endangered wildlife, lakes, ponds, significant recreational areas or resources, trails, bikeways, pedestrian routes and significant scenic routes, particularly ridgelines, water bodies and streams.
(8)
Adequate review: provide adequate review and supervision of development by requiring both conceptual and specific plan approvals.
B.
Eligibility. This authorization shall be applicable to all residentially zoned lands within the Town of Wilson and shall be utilized only when the Town Board determines that its utilization will benefit the Town. In all cases, the following requirements shall be met:
(1)
Access. The site shall have access to a state or County road or a road determined by the Town Board to serve an arterial or through-traffic function.
(2)
Size. In order to ensure the necessary resources to support and maintain control utilities and common open space, the following minimum size is established:
District | Size (minimum acres) |
|---|---|
MD-10 | 10 |
C.
Uses.
(1)
Permitted uses. Permitted uses within a PUD shall be as follows:
(a)
Residential uses.
[1]
Detached, semidetached or attached one-family dwellings.
[2]
Two-family residences.
[3]
Multifamily residences.
[4]
Condominiums.
(b)
Nonresidential uses. Active and passive park and recreational areas, open space and facilities, including swimming pools, tennis courts, ballfields, playgrounds, walkways, bikeways, nature trails and similar structures and facilities.
(2)
Accessory uses. Accessory uses in the PUD Zone shall be the same as those permitted in the MD-10 Zone:
(a)
Signs.
(b)
Pools.
(c)
Fences.
(d)
Parking.
(3)
Permitted temporary uses. Permitted temporary uses in the PUD Zone shall be as follows:
(a)
Contractor shed.
(4)
Special permit uses. Special permit uses in the PUD Zone shall be as follows (no additional fee at time of development):
(a)
Professional offices.
D.
Development standards and controls. Except where specified herein, all development standards and controls normally applicable to all other residential subdivisions and uses shall also be applicable to PUDs.
(1)
Density. The maximum permitted density in any PUD will be two units to the acre in the MD-10 Zone; 30,000 square feet per family for one- to four-family units, both inclusive; and 10,000 square feet per family for over four-family units. For purposes of calculation, all acreage shall be included except water bodies, designated wetlands and slopes of 25% and over.
(2)
Minimum lot dimension.
(a)
Single-family detached units. In no case shall single-family detached housing units be placed on lots smaller than 30,000 square feet.
(b)
Single-family attached and semidetached units. In no case shall single-family attached and semidetached units be placed on lots smaller than 30,000 square feet per unit, or it shall be shown to the satisfaction of the Planning Board that the net density of individual clusters will not exceed a net density of eight units.
(3)
Frontage. The site must have a minimum street frontage of 100 feet.
(4)
Building height. The maximum permitted building height within a PUD shall be 2 1/2 stories or 35 feet.
(5)
Site coverage. The permitted gross building coverage on any PUD site shall be a norm of 15%.
(6)
Screening and buffering. The minimum buffer area shall be in no case less than 50 feet, measured from the boundary of the PUD. In reviewing the development plan, the Planning Board shall consider the setback and proposed screening of parking and active recreation areas and may require buffer areas of up to 100 feet. Buffer and screening areas shall be landscaped or left in their natural state in accordance with the landscaping provisions of this chapter.
(7)
Open space and recreation areas. At least 1/3 of the gross acreage of any PUD shall be composed of land which is used for recreational purposes and/or preserved as permanent open space.
(8)
Unit design considerations. For PUDs with attached and semidetached units, in order that such subdivisions will be properly planned in relation to the community and personal needs of people, the following design elements shall be considered by the Planning Board in addition to the specific provisions of the Land Subdivision Regulations[1] and the normal factors examined in site plan review:
(a)
Need for personal privacy. Visual privacy shall be preserved for residents through the proper design of rear yards and/or patio spaces. Proper screening through the use of vegetation, fencing and partially enclosed patios shall be provided. Audio privacy shall be maintained by requiring proper standards for solid party walls that will satisfactorily limit sound transmission between adjoining dwelling units.
(b)
Need for maintaining the scale of building to ensure compatibility with natural and man-made surroundings. Four dwelling units shall be the normal maximum permitted per building to ensure that attached and semidetached units will be compatible in scale with the character of surrounding development and to ensure a pleasant environment for the residents of such units through maximizing views and by providing a close relationship to immediately adjacent open space at the sides of units as well as to the front and rear. The Planning Board may, where it deems necessary, limit the number of dwelling units per building to less than four and may permit up to eight units in circumstances where building layout or natural terrain conditions can help ensure aesthetic design, adequate private and semiprivate open spaces and significant views.
[1]
Editor's Note: See Ch. 112, Subdivision of Land.
(9)
Layout design considerations; need for preserving existing neighborhood identity and community scale. The Planning Board shall consider the layout of small neighborhoods or clusters within the development, each having some open space immediately surrounding it, as a goal of proper site planning so that a massive concentration of units with little or no differentiation can be avoided and so that the character of the PUD will match the character of the neighborhood in which it is located.
(10)
Vehicular circulation system and traffic access. All streets and driveways within a PUD shall be designed to adequately serve their intended traffic function and the anticipated volume of traffic of the development. Direct access shall be provided by a state or County highway. Major traffic circulation streets which connect to the various sections of the PUD and provide access to the highways shall be designated collector roadways and shall be paved to a width of not less than 20 feet unless the Planning Board and Town Highway Superintendent, after reviewing the traffic circulation systems, determine that a different width is necessary. All other vehicle circulation elements shall be designated as minor roadways and shall be paved to a width of not less than 18 feet unless the Planning Board and Town Highway Superintendent, after reviewing the traffic circulation system, determine that a different width is necessary.
(11)
Pedestrian circulation system. In each PUD, a pedestrian circulation system shall be designed and installed in addition to the vehicular circulation system, which is sufficient for the needs of PUD residents. Such a system might be composed of a combination of paved and unpaved walkways and bikeways of appropriate width, design and location to serve their intended function.
(12)
Utilities and services.
(a)
Underground lines. All power and communication lines, as well as water, sewer and storm drainage lines, shall be installed underground in the manner prescribed by the regulations of the government agency or utility company having jurisdiction.
(b)
Approval. All buildings within PUDs shall be served by water supply and sewage treatment systems as approved by the appropriate government agency or agencies having jurisdiction thereof.
(c)
Future needs. Where facilities are provided, they shall be planned in such a way as to anticipate future utility needs and, wherever reasonably feasible, shall be sited to reduce the capital costs associated with any future central utility construction.
(d)
Television hookups. Television hookups shall either be by cable television or a central antenna system designed to minimize adverse aesthetic impact.
(e)
Refuse collection. The PUD shall provide an adequate means of collection and storing refuse between collections. Any outside storage and garbage shall be in centrally located containers designed to prevent rodent infestations and shall provide sufficient screening as determined by the Planning Board.
(13)
Energy efficiency. The plan for development of any site within PUD Zones shall be designed and arranged in such a way as to promote energy efficiency and ensure solar access for all dwelling units.
E.
Application procedure. The application and approval procedure shall consist of three sequential phases. The first phase shall be rezoning review by the Town Board. The second phase shall be PUD development plan review by the Planning Board. The applicant may, prior to formal submission of his development plan application, meet in a preapplication conference with the Planning Board to review the requirements and procedures defined herein and to discuss the general planning concepts for the proposed development.
(1)
Phase 1: PUD rezoning application to the Town Board.
(a)
The application for a rezoning and development plan shall consist of the following, of which 25 copies shall be submitted to the Town Board, which will refer it to the Planning Board for its recommendation:
[1]
PUD development plan. The PUD development plan shall be drawn at a scale of not less than one inch equals 50 feet and may consist of one or more sheets indicating the following information:
[a]
Ownership: property lines and the names of all adjoining streets and property owners.
[b]
Neighboring uses: a map showing the use of land in and adjacent to the site.
[c]
Topography: topographic information, including contours with a vertical interval of no more than 10 feet.
[d]
Features: existing natural and man-made features, including streams, wetlands, significant outcroppings, stone walls, floodplains, slopes of 15%, slopes over 25%, buildings and other improvements.
[e]
Circulation: the proposed elements of the vehicular and pedestrian circulation system.
[f]
Land use plan: a land use plan showing the proposed uses of the site, including open spaces and recreation area(s), the location of residential areas, their type, size and composition, any area of nonresidential use, sites reserved for public utilities, etc.
[g]
Utilities and services: the nature and general location of all utility and service systems and facilities, including sewer, water, storm drains, public utilities and refuse storage.
[h]
Applicant and owner: the name and address of the applicant and the property owner and, if the applicant is other than the property owner, evidence of his authority to act and of the planner, engineer, architect, surveyor and/or other professionals engaged to work on the project.
[2]
Written statement. The written statement accompanying the PUD development plan shall consist of a text description of the proposed plan indicating how it will serve to implement the intent and purpose of such development as set forth in this section, a preliminary analysis estimating the various quantitative elements of the plan, including the number of residential dwelling units (by type), the amount of nonresidential floor space and the number of off-street parking facilities, as well as the types of planned recreation facilities, proposals for the construction, operation and maintenance of all recreation facilities, open space, parking areas, walkways, utilities and other common lands and facilities.
[3]
Staging plan: a proposed plan indicating the approximate staging of building construction and related improvements within the PUD, including the general order of construction and the estimated timing of each stage.
[4]
List of approvals required: a list of approvals required from various governmental agencies prior to proceeding with the first stage and any subsequent stage of development.
[5]
Environmental documents. A long-form environmental impact assessment shall be submitted. If determined necessary, an environmental impact statement will be prepared in accordance with the requirements of the New York State Environmental Quality Review Act,[2] describing the anticipated physical impacts of the proposed development, including any negative impacts that may result and actions planned by the applicant to mitigate them.
[2]
Editor's Note: See Environmental Conservation Law § 8-0101 et seq.
[6]
Fee. The application and accompanying documents shall be accompanied by a filing fee in an amount as set by resolution of the Town Board per each acre or fraction thereof of the land contained within the proposed site. If an environmental impact statement is required, an additional fee will be set in accordance with the State Environmental Quality Review Act.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(b)
Preliminary appearance. The applicant shall appear at least once before the Town Board to explain the application and answer any preliminary questions of the Planning Board.
(c)
Planning Board referral. To assist in its rezoning review, the Town Board will refer the proposed PUD development plan to the Planning Board for its review and recommendation. Within 45 days of the date of the referral by the Town Board and receipt by the Planning Board of all necessary documents, the Planning Board shall recommend to the Town Board approval, disapproval or approval with modifications and revisions of the rezoning request.
(d)
Other referral. To further assist in its rezoning review, the Town Board may refer the proposed PUD development plan to any agencies or officials of the Town, County or state government as the Board may determine appropriate.
(e)
Town Board action. The Town Board shall act on the rezoning application in accordance with the Town Law.
(2)
Phase 2: review of the PUD development plan by the Planning Board.
(a)
Submission. The PUD development plan, with any modifications made as a result of the rezoning, and all necessary documents to comply with the State Environmental Quality Review Act shall be submitted to the Planning Board. For Planning Board review, the development plan must meet the following requirements:
[1]
Scale. The plan must be detailed at a scale of not less than one inch equals 50 feet.
[2]
Topography. Topographic contours shall be shown with a vertical scale of no more than two feet.
(b)
Public hearing on PUD development plan.
[1]
Deadline. Within 45 days of the date of receipt of all necessary documents, unless such time shall be extended by consent of the applicant and the Board, the Planning Board shall hold a public meeting on the PUD development plan application.
[2]
Notice. Notice of such public hearing will be published, posted and mailed or served on abutting property owners according to provisions of the Town Law.
[3]
Compliance with General Municipal Law. The Planning Board shall also comply with General Municipal Law §§ 239-l and 239-m.
(c)
Standards to be used in reviewing PUD development plan application by the Planning Board. In arriving at a decision to approve or disapprove the PUD development plan application, the Planning Board shall take into consideration the following:
[1]
Compliance with intent and purposes: the extent to which the application will serve to implement the intent and purposes of planned residential developments.
[2]
Compliance with standards: whether the proposed uses meet the standards set forth in this section.
[3]
Natural features: the proposed arrangement of land uses and their proposed layout on the site, including their compatibility to natural topographic features and adjoining properties.
[4]
Impact: the impact of the proposed development upon neighborhood properties and the community as a whole.
[5]
Staging plan: The staging plan shall be designed to ensure that future residents of the first sections of the PUD shall have adequate services, including all utilities, streets, recreational facilities and landscaping, to suit their needs, even if future stages do not materialize.
(d)
Decision of Planning Board. Within 45 days of the date of the public hearing, the Planning Board shall, by resolution, act either to approve, approve with modifications or disapprove the PUD development plan application. If the application is disapproved, reasons shall be stated.
[Amended 5-17-1993 by L.L. No. 1-1993]
(e)
Effect of approval. Approval by the Planning Board, or approval with modifications, shall be deemed to authorize the applicant to proceed with the detailed design of the initial stage(s) of the proposed development and to submit applications for detailed site plan approval of such stage(s), or sections thereof, in accordance with the approved PUD development plan and to therefore design and submit detailed site plan applications for each subsequent stage.
(f)
Subsequent action. The application shall not be deemed to waive any right of the Planning Board to a detailed review of any aspect of the development in the subsequent section or site plan review.
(g)
Expiration. Approval or approval with modifications of the PUD development plan shall expire at the end of 12 months after the date of issuance unless the applicant has submitted at least one detailed site plan application for a section of the PUD or such time limit is extended by the Planning Board.
(3)
Phase 3: detailed site plan approval of PUD sections by the Planning Board.
(a)
Initiation of third stage. Subsequent to Planning Board approval of the PUD development plan application, the applicant shall proceed to the third stage of review, which involves detailed site plan approval of the various sections of the PUD.
(b)
Site plan approval. The review and approval of the section site plans shall be in accordance with the standards, requirements and procedures of the site plan requirements of this chapter, with the additional requirements of Section 127-81, with additional requirements set forth herein.. Site plan approval shall be required prior to the issuance of building permits within any section or stage of an approved PUD.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(c)
Phases. The site plan requirements, when applied to a review of the section of a PUD, shall be deemed also to include the factors listed in Phase 1: PUD rezoning application to the Town Board above, as those apply to each section of the PUD, and a detailed review of the adequacy, location, arrangement, design and appearance of each aspect of development listed in the application procedure above. While the scope of the Planning Board's review of the site plan will generally relate to the section of the PUD at issue, the Planning Board shall have the authority to ensure that aspects of the development (e.g., water, sewer, utilities, streets, etc.) which will later be used to service or connect to other sections of the PUD shall be adequate to suit the purposes and needs of the PUD development as a whole.
(d)
Fee. Each subsequent application after the first initial application for sectional site plan approval shall be accompanied by a fee in an amount as set by resolution of the Town Board in the proposed section.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(e)
Variation from PUD development plan. The specific type and number of proposed dwelling units within the development may be varied by no more than 10% from the distribution as shown on the approved PUD development plan, but in no case shall the total number of dwelling units in the entire PUD be permitted to exceed the number approved as a part of the PUD development plan.
(f)
Legal assurances. Each application for detailed site plan approval shall be accompanied by appropriate legal documents as may be necessary to provide for and ensure the continued proper future maintenance and ownership responsibility for all common areas, facilities and utilities within each stage of development or section thereof.
(g)
Other assurances. The Planning Board may condition its approval upon the applicant's obtaining any other necessary approvals, licenses or permits from the appropriate Town, County or state agencies having jurisdiction thereof.
(h)
Phased approval. To ensure orderly development within a PUD, the Planning Board shall only approve site plans for subsequent sections of the PUD as the pace of development in proceeding sections may warrant.
(i)
Performance bonds. The applicant may be required to furnish proof of financial responsibility and post-performance bonds in sufficient amounts and duration to ensure that all streets or other public places shown on the site plan shall be suitably graded and paved and that street signs, sidewalks, streetlighting standards, curbs, gutters, street trees, water mains, fire alarm signal devices, including necessary ducts and cables or other connection facilities, sanitary sewers and storm drains or combined sewers shall be installed all in accordance with the standards, specifications and procedures acceptable to the appropriate Town departments.
(j)
The Town Board may from time to time, by resolution, establish different fees than those herein prescribed.
§ 127-10.2 Commercial and light industrial planned unit development.
[Added 5-17-1993 by L.L. No. 1-1993; amended 2-13-1995 by L.L. No. 1-1995]
A.
Statement of intent and objectives.
(1)
It is the intent of this Planned Unit Commercial Development District to permit flexibility in the design and development of office, warehousing and commercial developments. The planned development regulations are designed to give the developer a knowledge of the general type of development permitted before the completion of detailed design for every building or parcel, while providing the Town with assurances that the overall commercial park development will be satisfactorily planned and constructed within the framework of an overall conceptual plan for the entire tract.
(2)
The Town Board further declares that this intent cannot be achieved through the use of traditional bulk and use zoning and subdivision regulations, the application of which to substantial tracts of land may be inimical to the ability of the Town to take full advantage of the most advanced techniques of land development.
(3)
Flexibility of design and development. Permit flexibility of design and development in such a way as to promote superior land planning design, greater economy, efficiency and convenience in the arrangement of land uses and their supporting infrastructure, preserve open space and protect floodplains and other natural features.
(4)
Service and utilities. Encourage orderly and well-planned development of a scale and location that will make it feasible to construct a comprehensive package of supporting utilities, services and facilities, active and passive recreation facilities, a stormwater control and retention system, etc., so as to achieve developments which are environmentally, physically, visually and economically superior.
(5)
Traffic circulation. Encourage orderly development of sites with substantial frontage on state, County and Town highways to provide safe, efficient access and traffic circulation.
(6)
Master Plan. Promote a development pattern in harmony with the objectives of the Town's Master Plan.
(7)
Preservation. Preserve steep slopes, wetlands, flood-prone areas, historic structures or unique natural or geological formations, rare vegetation or habitats of endangered wildlife, lakes, ponds, significant recreational areas or resources, trails, bikeways, pedestrian routes and significant scenic routes, particularly ridgelines, water bodies and streams.
(8)
Adequate review. Provide adequate review and supervision of development by requiring both conceptual and specific plan approvals.
B.
Eligibility. This authorization shall be applicable to all zoned lands within the Town of Wilson and shall be utilized only when the Town Board determines that its utilization will benefit the Town. In all cases, the following requirements shall be met:
(1)
Access. The site shall have access to a state, County or Town road or a road determined by the Town Board to serve an arterial or through-traffic function.
(2)
Size.
(a)
In order to ensure the necessary resources to support and maintain control utilities and common open space, the following minimum size is established:
District | Size (minimum acres) |
|---|---|
PCD-20 | 20 |
(b)
Said acreage shall be in one ownership or in joint ownership under a suitable agreement that provides for coordinate development of the parcel. Said agreement shall be approved by the Town Attorney of the Town of Wilson, New York,
C.
Uses.
(1)
Permitted uses. Permitted uses within a PCD shall be as follows:
(a)
The same uses shall be permitted in a PCD as are permitted in any lot in a Commercial District.
(b)
Exceptions:
[1]
Waterfront commercial uses.[1]
[1]
Editor's Note: Former Sections 127-10.2C(b)[2], Repair garages, and 127-10.2C(b)[3], Lumber yards, which immediately followed this subsection, were repealed 2-13-1995 by L.L. No. 1-1995.
(c)
Strip commercial development shall not be permitted.
(2)
Nonresidential use. Active and passive park and recreational areas, open space and facilities, including swimming pools, tennis courts, ball fields, playgrounds, walkways, bikeways, nature trails and similar structures and facilities.
(3)
Accessory uses. Accessory uses in the PCD Zone shall be the same as those permitted in the PCD-20 Zone:
(a)
Signs.
(b)
Pools.
(c)
Fences.
(d)
Parking.
(4)
Permitted temporary uses. Permitted temporary uses in the PCD-20 Zone shall be as follows:
(a)
Contractor shed.
(5)
Special permit uses. Special permit uses in the PCD Zone shall be as follows (no additional fee at time of development):
(a)
Professional offices.
D.
Development standards and controls. Except where specified herein, all development standards and controls normally applicable to all other commercial subdivisions and uses shall also be applicable to PCDs.
(1)
Minimum site dimension. The site must have a minimum street frontage of 500 feet and a minimum depth of 1,000 feet, measured from the edge of the right-of-way.
(2)
Building height. The maximum permitted building height within a PCD shall be three stories or 40 feet.
(3)
Site coverage. The permitted gross building coverage on any PCD site shall not exceed 40% of the lot area.
E.
Signs. The use of signs or similar devices for the purpose of advertisement or identification with the planned commercial development, exclusive of municipal signs, shall be regulated by § 127-37 and it is further limited to:
(1)
A sign pertaining to the identification of the planned commercial development and located at or near the entrance to the development, provided that the design, scale, material and location thereof is in harmony with and complementary to the overall development; such sign may be used independently or as an architectural extension of a building, structure or wall and may also be illuminated, provided that it shall be properly shaded so that the source of light will not be visible.
(2)
Signs pertaining to the identification of commercial or nonresidential establishments, provided that the design, scale, material and location thereof is in harmony with and complementary to the overall development; such signs may also be illuminated, provided that they shall be properly shaded so that the source of light will not be visible.
(3)
Signs pertaining to the direction of pedestrian or vehicular traffic, provided that the design, scale, material and location thereof is in harmony with and complementary to the overall development; such signs may also be illuminated, provided that they shall be properly shaded so that the source of light will not be visible.
(4)
There shall be no facade or sign lighting above grade level floors.
F.
Unit design considerations (for PCDs). In order that such subdivisions will be properly planned in relation to the community and personal needs of people, the following design elements shall be considered by the Planning Board in addition to the specific provisions of the Land Subdivision Regulations[2] and the normal factors examined in site plan review:
(1)
Need for personal privacy. Visual privacy shall be preserved for occupants through the proper design of rear yards spaces. Proper screening through the use of vegetation or fencing shall be provided. Audio privacy shall be maintained by requiring proper standards for solid party walls that will satisfactorily limit sound transmission between adjoining units.
(2)
Open storage of equipment, materials or vehicles, not to exceed a height of six feet, shall be permitted but shall not be located within 100 feet of any residential district and/or street line or within 10 feet of any building. Said storage areas shall be adequately screened from adjacent uses and streets with evergreen planting and/or solid fence of at least eight feet in height. Such open storage areas shall be included in the maximum percent of coverage of land by buildings.
(3)
All areas not used for buildings, circulation, parking, storage, maintenance or utilities shall be suitably landscaped and maintained in good condition.
(4)
No parking area shall be provided within 20 feet of an internal street or internal lot line or within 15 feet of any building. No parking area shall be permitted within 50 feet of residential zoning districts, 25 feet of state, County or Town highways and 25 feet of any external lot line or PCD District boundary. Suitable landscaping shall be provided.
(5)
Suitable access for emergency vehicles shall be provided for all structures in the planned development.
[2]
Editor's Note: See Ch. 112, Subdivision of Land.
G.
Screening and buffering. The minimum buffer area shall be in no case less than 50 feet, measured from the boundary of the PCD. In reviewing the development plan, the Planning Board shall consider the setback and proposed screening of parking and active recreation areas and may require buffer areas of up to 100 feet. Buffer and screening areas shall be landscaped or left in their natural state in accordance with the landscaping provisions of this chapter.
H.
Vehicular circulations system and traffic access. All streets and driveways within a PCD shall be designed to adequately serve their intended traffic function and the anticipated volume of traffic of the development. Direct access shall be provided by a state, town or County highway. Major traffic circulation streets which connect to the various sections of the PCD and provide access to the highways shall be designated collector roadways and shall be paved to a width of not less than 24 feet unless the Planning Board and Town Highway Superintendent, after reviewing the traffic circulation systems, determine that a different width is necessary. All other vehicle circulation elements shall be designated as minor roadways and shall be paved to a width of not less than 18 feet unless the Planning Board and Town Highway Superintendent, after reviewing the traffic circulation system, determine that a different width is necessary.
(1)
The minimum buffer required around the entire planned development shall be 50 feet, with parking areas permitted within said buffer, and as limited hereinabove. No building shall be located with 200 feet of any residential property or district except when the property situated in such residential district is a public or private utility right-of-way, in which case no building shall be located within 100 feet thereof. No building shall be located within 100 feet of any zoning district boundary, external lot line or the right-of-way of a road of state, town or County jurisdiction. No building shall be located within 50 feet of any internal lot line or internal street. Suitable landscaping shall be provided.
I.
Site and structure requirements.
(1)
Natural features, such as streams, rock outcrops, topsoil, trees and shrubs, shall be preserved and incorporated in the landscaping of the development.
(2)
Where adequate surface drainage is not possible by grading alone, a supplementary drainage system approved by the Town of Wilson shall be required.
(3)
To improve the quality of the environment and to reduce inconvenience during bad weather, all electrical and telephone equipment shall be installed underground.
(4)
Lot sizes, dimensions and locations thereon may be freely disposed of, and buildings may be arranged in conformity with the overall density standards set forth herein. The minimum lot size or frontage of a lot is not specified herein. In reviewing any application for a planned development, the Planning Board shall be guided by standards set elsewhere in this chapter for comparable uses and by common good planning practice, to the extent that the resulting development shall be compatible with the surroundings, and to ensure the stability of the uses proposed to be developed on the site.
(5)
The right-of-way and pavement widths for internal roads shall be determined from sound planning and engineering standards to be adequate and sufficient in size, location and design to accommodate the maximum traffic, parking and loading needs and the access of firefighting equipment and police or emergency vehicles. The pavement of said roads shall be not less than 24 feet wide. All streets shall be subject to all other applicable Town ordinances.
(6)
The developer shall provide all necessary water and sewer facilities, storm drainage, highway access, paved service streets, parking and loading facilities and off-streetlighting, making reasonable provisions for utility service connections with adjoining properties in other ownerships. Such proposed improvements shall be subject to review by the Planning Board of the Town of Wilson, New York.
J.
Pedestrian circulation system. In each PCD, a suitable pedestrian circulation system shall be designed and installed in addition to the vehicular circulation system. Such a system shall be composed of paved walkways of appropriate width, design and location to serve their intended function.
K.
Utilities and services.
(1)
Underground lines. All power and communication lines, as well as water, sewer and storm drainage lines, shall be installed underground in the manner prescribed by the regulations of the government agency or utility company having jurisdiction.
(2)
Approval. All buildings within PCDs shall be served by water supply and sewage treatment systems as approved by the appropriate government agency or agencies having jurisdiction thereof.
(3)
Future needs. Where facilities are provided, they shall be planned in such a way as to anticipate future utility needs and, wherever reasonably feasible, shall be sited to reduce the capital costs associated with any future central utility construction.
(4)
Refuse collection. The PCD shall provide an adequate means of collection and storing refuse between collections. Any outside storage and garbage shall be in centrally located containers designed to prevent rodent infestations and shall provide sufficient screening as determined by the Planning Board.
L.
Energy efficiency. The plan for development of any site within PCD Zones shall be designed and arranged in such a way as to promote energy efficiency.
M.
Application procedure. The application and approval procedure shall consist of three sequential phases. The first phase shall be rezoning review by the Town Board. The second phase shall be PCD development plan review by the Planning Board. The applicant may, prior to formal submission of his development plan application, meet in a preapplication conference with the Planning Board to review the requirements and procedures defined herein and to discuss the general planning concepts for the proposed development.
(1)
Phase 1: PCD rezoning application to the Town Board.
(a)
The application for a rezoning and development plan shall consist of the following, of which 25 copies shall be submitted to the Town Board, which will refer it to the Planning Board for its recommendation:
[1]
PCD development plan. The PCD development plan shall be drawn at a scale of not less than one inch equals 50 feet and may consist of one or more sheets indicating the following information:
[a]
Ownership. Property lines and the names of all adjoining streets and property owners.
[b]
Neighboring uses. A map showing the use of land in and adjacent to the site.
[c]
Topography. Topographic information, including contours with a vertical interval of no more than 10 feet.
[d]
Features. Existing natural and man-made features, including streams, wetlands, significant outcroppings, stone walls, floodplains, slopes of 15%, slopes over 25% buildings and other improvements.
[e]
Circulation. The proposed elements of the vehicular and pedestrian circulation system.
[f]
Land use plan. A land use plan showing the proposed uses of the site, including open spaces and recreation area(s), any area of nonresidential use, sites reserved for public utilities, etc.
[g]
Utilities and services. The nature and general location of all utility and service systems and facilities, including sewer, water, storm drains, public utilities and refuse storage.
[h]
Applicant and owner. The name and address of the applicant and the property owner and, if the applicant is other than the property owner, evidence of his authority to act and of the planner, engineer, architect, surveyor and/or other professionals engaged to work on the project.
[2]
Written statement. The written statement accompanying the PCD development plan shall consist of a text description of the proposed plan indicating how it will serve to implement the intent and purpose of such development as set forth in this section, a preliminary analysis estimating the various quantitative elements of the plan, the amount of floor space and the number of off-street parking facilities, as well as the types of planned recreation facilities, proposals for the construction, operation and maintenance of all recreation facilities, open space, parking areas, walkways, utilities and other common lands and facilities.
[3]
Staging plan. A proposed plan indicating the approximate staging of building construction and related improvements within the PCD, including the general order of construction and the estimated timing of each stage.
[4]
List of approvals required. A list of approvals required from various governmental agencies prior to proceeding with the first stage and any subsequent stage of development.
[5]
Environmental documents. A long-form environmental impact assessment shall be submitted. If determined necessary, an environmental impact statement will be prepared in accordance with the requirements of the New York State Environmental Quality Review Act,[3] describing the anticipated physical impacts of the proposed development, including any negative impacts that may result and actions planned by the applicant to mitigate them.
[3]
Editor's Note: See Environmental Conservation Law § 8-0101 et seq.
[6]
Fee. The application and accompanying documents shall be accompanied by a filing fee in an amount as set by resolution of the Town Board per each acre or fraction thereof of the land contained within the proposed site. If an environmental impact statement is required, an additional fee will be set in accordance with the State Environmental Quality Review Act.
(b)
Preliminary appearance. The applicant shall appear at least once before the Town Board to explain the application and answer any preliminary questions of the Planning Board.
(c)
Planning Board referral. To assist in its rezoning review, the Town Board will refer the proposed PCD development plan to the Planning Board for its review and recommendation. Within 45 days of the date of the referral by the Town Board and receipt by the Planning Board of all necessary documents, the Planning Board shall recommend to the Town Board approval, disapproval or approval with modifications and revisions of the rezoning request.
(d)
Other referral. To further assist in its rezoning review, the Town Board may refer the proposed PCD development plan to any agencies or officials of the Town, County or state government as the Board may determine appropriate.
(e)
Town Board action. The Town Board shall act on the rezoning application in accordance with the Town Law.
(2)
Phase 2: Review of the PCD development plan by the Planning Board.
(a)
Submission. The PCD development plan, with any modifications made as a result of the rezoning and all necessary documents to comply with the State Environmental Quality Review Act, shall be submitted to the Planning Board. For Planning Board review, the development plan must meet the following requirements:
[1]
Scale. The plan must be detailed at a scale of not less than one inch equals 50 feet.
[2]
Topography. Topographic contours shall be shown with a vertical scale of not more than two feet.
(b)
Public hearing on PCD development plan.
[1]
Deadline. Within 45 days of the date of receipt of all necessary documents, unless such time shall be extended by consent of the applicant and the Board, the Planning Board shall hold a public meeting on the PCD development plan application.
[2]
Notice. Notice of such public hearing will be published, posted and mailed or served on abutting property owners according to provisions of the Town Law.
[3]
Compliance with General Municipal Law. The Planning Board shall also comply with General Municipal Law §§ 239-1 and 239-m.
(c)
Standards to be used in reviewing PCD development plan application by the Planning Board. In arriving at a decision to approve or disapprove the PCD development plan application, the Planning Board shall take into consideration the following:
[1]
Compliance with intent and purposes. The extent to which the application will serve to implement the intent and purposes of planned commercial developments.
[2]
Compliance with standards. Whether the proposed uses meet the standards set forth in this section.
[3]
Natural features. The proposed arrangement of land uses and their proposed layout on the site, including their compatibility with natural topographic features and adjoining properties.
[4]
Impact. The impact of the proposed development upon neighborhood properties and the community as a whole.
[5]
Staging plan. The staging plan shall be designed to ensure that future occupants of the first sections of the PCD shall have adequate services, including all utilities, streets, recreational facilities and landscaping, to suit their needs, even if future stages do not materialize.
(d)
Decision of Planning Board. Within 45 days of the date of the public hearing, the Planning Board shall, by resolution, act either to approve, approve with modifications or disapprove the PCD development plan application. If the application is disapproved, reasons shall be stated.
(e)
Effect of approval. Approval of the Planning Board, or approval with modifications, shall be deemed to authorize the applicant to proceed with the detailed design of the initial stage(s) of the proposed development and to submit applications for detailed site approval of such stage(s), or sections thereof, in accordance with the approved PCD development plan and to therefore design and submit detailed site plan applications for each subsequent stage.
(f)
Subsequent action. The application shall not be deemed to waive any right of the Planning Board to a detailed review of any aspect of the development in the subsequent section or site plan review.
(g)
Expiration. Approval or approval with modifications of the PCD development plan shall expire at the end of 12 months after the date of issuance unless the applicant has submitted at least one detailed site plan application for a section of the PCD or such time limit is extended by the Planning Board.
(3)
Phase 3: Detailed site plan approval of PCD sections by the Planning Board.
(a)
Initiation of third stage. Subsequent Board approval of the PCD development plan application, the applicant shall proceed to the third stage of review, which involves detailed site plan approval of the various sections of the PCD.
(b)
Site plan approval. The review and approval of the section site plans shall be in accordance with the standards, requirements and procedures of the site plan requirements of this chapter, with the additional requirements set forth herein. Site plan approval shall be required prior to the issuance of building permits within any section or stage of an approved PCD.
(c)
Phases. The site plan requirements, when applied to a review of the section of a PCD, shall be deemed also to include the factors listed in Phase 1: PCD rezoning application to the Town Board above, as those apply to each section of the PCD, and a detailed review of the adequacy, location, arrangement, design and appearance of each aspect of development listed in the application procedure above. While the scope of the Planning Board's review of the site plan will generally relate to the section of the PCD at issue, the Planning Board shall have the authority to ensure that aspects of the development (e.g., water, sewer, utilities, streets, etc.) which will later be used to service or connect to other sections of the PCD shall be adequate to suit the purposes and needs of the PCD development as a whole.
(d)
Fee. Each subsequent application after the first initial application for sectional site plan approval shall be accompanied by a fee as fixed by the Town Board.
(e)
Variation from PCD development plan. The specific type and number of proposed units within the development may be varied by no more than 10% from the distribution as shown on the approved PCD development plan, but in no case shall the total number of units in the entire PCD be permitted to exceed the number approved as a part of the PCD development plan.
(f)
Legal assurances. Each application for detailed site plan approval shall be accompanied by appropriate legal documents as may be necessary to provide for and ensure the continued proper future maintenance and ownership responsibility for all common areas, facilities and utilities within each stage of development or section thereof.
(g)
Other assurances. The Planning Board may condition its approval upon the applicant's obtaining any other necessary approvals, licenses or permits from the appropriate Town, County or state agencies having jurisdiction thereof.
(h)
Phased approval. To ensure orderly development within a PCD, the Planning Board shall only approve site plans for subsequent sections of the PCD as the place of development in proceeding sections may warrant.
(i)
Performance bonds. The applicant may be required to furnish proof of financial responsibility and post-performance bonds in sufficient amounts and duration to ensure that all streets or other public places shown on the site plan shall be suitably graded and paved and that street signs, sidewalks, streetlighting standards, curbs, gutters, street trees, water mains, fire alarm signal devices, including necessary ducts and cables or other connection facilities, sanitary sewers and storm drains or combined sewers shall be installed all in accordance with standards, specifications and procedures acceptable to the appropriate Town departments.
(j)
The Town Board may from time to time, by resolution, establish different fees than those herein prescribed.
§ 127-11 Rural Residential 200 District.
A.
Purpose. The general purpose of this district is to promote agricultural activities and a rural atmosphere. This includes family-oriented facilities, such as places of worship or learning and recreational or other activities requiring open space.
B.
The following are permitted uses, subject to the issuance of a building permit and/or certificate of occupancy, subject to the conditions stated in the Zoning Schedule[1] and herein:
(1)
A farm, subject to the following conditions:
(a)
No building in which farm animals or poultry are kept shall be located within 100 feet of any lot line.
(b)
There shall be no storage or piling of manure within 200 feet of any adjoining residence or within 100 feet of any lot line.
(c)
No swine shall be kept within 500 feet of any adjoining residence or within 200 feet of any lot line.
(d)
No farm equipment and/or supplies shall be kept within 100 feet of any lot line unless in an accessory building, subject to applicable regulations.
(2)
A dwelling for not more than two families.
(3)
A church, temple, synagogue or similar place of religious worship or use.
(4)
A nursery, elementary, secondary or vocational school, approved by the State of New York, subject to the following conditions:
(a)
A nursery school, provided that a fenced area is provided for outdoor activities.
(b)
An elementary school.
(c)
A secondary or vocational school.
(5)
A nursing home, retirement home, senior citizen home or similar place.
(6)
A cemetery.
(7)
Town buildings or Town storage areas.
(8)
A public park or recreational area.
[1]
Editor's Note: The Zoning Schedule is included as an attachment to this chapter.
C.
The following are permitted accessory uses, if applicable to the use, subject to the conditions stated herein and in § 127-25:
(1)
Signs.
(2)
Pools.
(3)
Fences.
(4)
Parking.
(5)
Farm operations, except farm ponds.
(6)
Tool, garden or greenhouse.
(7)
Storage.
(8)
TV/satellite antenna.
(9)
Home occupations or professions, as cited in § 127-26A.[2]
[2]
Editor's Note: Former § 127-11C(10), regarding the keeping of not more than three nontransient boarders, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(10)
A private stable on a residential lot of not less than five acres.
(11)
A labor camp for seasonal farm labor, constructed to state regulations and approved by the appropriate agencies, for farm labor employed on a farm of not less than 80 acres.
D.
The following are permitted special uses, subject to the issuance of a special use permit in accordance with § 127-46, and a building permit and/or certificate of occupancy, subject to the conditions stated in the Zoning Schedule[3] and herein:
(1)
A fur farm, industrialized dairy or poultry farm, pig farm or farm of similar nature.
(2)
A dog kennel or veterinary clinic, certified by the County Society for the Prevention of Cruelty to Animals. A minimum separation of at least 200 feet to the nearest resident must be maintained. A sound barrier may be required.
(3)
A commercial or livery stable.
(4)
A vegetable/fruit market or stand for commercial operations with produce from on- or off-premises, along with miscellaneous related products, offered for sale. Adequate parking must be provided.
(5)
A nursery, florist or greenhouse for commercial operations, with produce from on or off the premises, along with miscellaneous related products, offered for sale. Adequate parking must be provided.
(6)
A day or overnight camp or public or private club or group facilities. Prior approval by the County Health Department of potable water supply and sanitary facilities shall be obtained. The activities and functions shall be specified, along with the maximum number of persons to be accommodated at the site at any one time. Greenbelts shall be provided as specified, along with visual screens and fencing to provide privacy and confinement of activities and functions. Sufficient parking shall be provided. Occupancy of the site by minors without a responsible adult shall be prohibited.
(7)
A trailer/tent campground. A site plan shall be provided showing all proposed individual tent or trailer sites (indicated as a square or circle in which each tent or trailer is to be located). Prior approval by the County Health Department of proposed potable water supply and sanitary facilities shall be obtained. Campsites shall be adequately separated to provide privacy. Greenbelts shall be provided as specified, along with visual screens and fencing to provide privacy and confinement of activities and functions. Driveways shall be designed for safety and privacy of the campsites. Operating standards shall be provided which, among other requirements, shall provide that the camp be operated in & neat, safe and sanitary manner; that garbage be collected and removed daily; that parking areas be kept reasonably free of dust; that a suitable registry of guests be maintained; that the seasonal character of the use be maintained; and that the grounds be cleared of all camping equipment not part of the approved plans during the off-season.
(8)
A golf course. The greenbelt cannot include fairways and/or putting greens. Prior approval by the County Health Department of potable water supply and sanitary facilities shall be obtained. Sufficient parking must be provided. Operating standards shall be provided which, among other requirements, shall provide that the golf course be operated in a neat and sanitary manner; that garbage be collected and removed daily; that parking areas be kept reasonably free of dust; that a suitable registry of guests be maintained; that the seasonal character of the use be maintained; and that the grounds be cleared of all golfing equipment not part of the approved plans during the off-season.
(9)
Home occupations/services/lodging, as defined in § 127-26B and C, provided that all requirements are met as specified in this chapter.
(10)
A recreational pond for private use, provided that the site is documented by the appropriate County, state and federal agencies as being acceptably designed and built and that the pond will not adversely affect adjacent properties with regard to water supply, drainage and flooding. The location and size of the pond must be accurately determined and is subject to approval by the Zoning Board of Appeals.
(11)
A farm pond for farm operations, provided that the site is documented by the appropriate County, state and federal agencies as being acceptably designed and built and that the pond will not adversely affect adjacent properties with regard to water supply, drainage and flooding. The location and size of the pond must be accurately determined and is subject to approval by the Zoning Board of Appeals.
(12)
Continuation of existing mobile home parks in strict accordance with the provisions of § 127-37.1 of the Code of the Town of Wilson. Prior approval by the County Health Department of potable water supply and sanitary facilities shall be obtained.
(13)
Specific special uses cited in § 127-23, if approved by the Town Board as specified.
(14)
Agricultural tourism related activities. On-farm recreational activities such as hayrides, petting zoo, harvest festivals, and cornfield mazes that contribute to the production and marketing of crops, livestock or livestock products.
[Added 7-21-2021 by L.L. No. 4-2021]
(15)
Motels, cottages, tourist homes, and all other uses not otherwise covered in § 1027-37.2. Property requirements as follows.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(a)
The property must comply and meet all current NYS uniform building codes. There shall be one working smoke detector in each sleeping room and one additional smoke detector on each floor. Carbon monoxide detectors shall be installed as required by the New York State Uniform Fire Prevention and Building Code.
(b)
Evacuation procedures must be posted in each sleeping room to be followed in the event of a fire or smoke condition or upon activation of a fire or smoke defector or other alarm device.
(c)
There shall be an ABC fire extinguisher on each floor and in the kitchen. Fire extinguishers shall be inspected prior to a renter occupying the property and no less than monthly by the permit holder(s) to ensure each contains a full charge. An annual inspection should be by a licensed agency and along with the monthly inspection should be recorded on the attached tag by the owner and/or owner's authorized agent. A record of the inspections initialed by the permit holder shall be maintained and made available to the Zoning/Code Enforcement Officer upon request.
(d)
The house number shall be located both at the road and on the dwelling unit so that the house number is clearly visible from both the road and the driveway. Requirements shall follow those of the Residential Code of NYS.
(e)
Exterior doors shall be operational and all passageways to exterior doors shall be clear and unobstructed.
(f)
The electrical system panel and branch circuits should be inspected by a licensed electrical inspector with a certificate of compliance issued and displayed on the panel at the time of application. Electrical systems shall be maintained in good operating condition, labeled, unobstructed and shall be visible for the Zoning/Code Enforcement Officer during the permitting and renewal process. Any defects found shall be corrected prior to permit issuance.
(g)
All fireplaces shall comply with all applicable laws and regulations.
(h)
The property must have a minimum of one off-road parking space for every two permitted occupants. Parking facilities shall be shown on the site plan included with the application.
(i)
Maximum occupancy shall not exceed two people per NYS Building Code compliant bedroom shown on the floor plan included with the application and two people maximum per full-size convertible sleeping accommodation furniture (i.e., futon, hide-a-bed) also identified on the floor plan. A max of one such convertible sleeping accommodation is allowed per property. The maximum occupancy of these rental units shall not exceed 12 people, including permanent residents and renters.
(j)
In the event that the property has a septic system, the maximum occupancy shall be defined by the capabilities of the septic system, but in no event shall overnight occupancy for any rental unit exceed 12 people total.
(k)
A septic system at the property must meet all state and County requirements, including minimum capacities to meet the permitted occupant load.
(l)
The septic system must have been pumped within the past four years and proof of pumping and satisfactory inspection by a qualified septic disposal firm shall be available to the Zoning/Code Enforcement Officer. Once a short-term rental permit is issued, the septic system must be pumped at least once every four years.
(m)
The water supply to the property must meet all state and County requirements.
(n)
Signs must be in accordance with § 127-37 of this Town Code and may require an additional permit approval.
(o)
A sign no larger than 8.5 inches by 11 inches shall be installed in a weatherproof enclosure outside of the main door with emergency contact information/phone numbers for the property owner as well as the primary and secondary alternate agents.
(p)
Insurance standards. All applicants and permit holders must provide evidence of property insurance and a certificate of liability insurance indicating the premises is rated as a rental property and maintain such insurance throughout the term of the permit. Minimum general liability coverage for any rental property shall be $1,000,000.
(q)
Provisions shall be made for weekly garbage removal during rental periods in conformance with Town of Wilson standard agreement for residential properties. Garbage containers shall be secured with tight-fitting covers at all times to prevent leakage, spilling or odors, and placed where they are not clearly visible from the road except at approximate pickup time. Containers shall be replaced in the approved storage area within 24 hours of the collection time. Garbage generated in excess of the Town's standard shall be removed from the property by the owner or the renter.
[3]
Editor's Note: The Zoning Schedule is included as an attachment to this chapter.
E.
The following are permitted temporary uses, subject to the issuance of a temporary use permit in accordance with § 127-47, subject to the conditions stated in § 127-24 and herein:
(1)
Contractor's shed/trailer.
(2)
Fair/carnival.
(3)
Special event.
(4)
Roadside stand.
(5)
Mobile home for farm labor.
(6)
Mobile home during construction.
(7)
Parking.
(8)
Signs.
(9)
Fences.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
§ 127-12 Semirural Residential 150 District.
A.
Purpose. The general purpose of this district is to promote agricultural activities and a semirural atmosphere. This includes family oriented facilities, such as places of worship or learning and recreational or commercial activities requiring space.
B.
The following are permitted uses, subject to the issuance of a building permit and/or certificate of occupancy, subject to the conditions stated in the Zoning Schedule[1] and herein:
(1)
A farm, subject to the following conditions:
(a)
No building in which farm animals or poultry are kept shall be located within 100 feet of any lot line.
(b)
There shall be no storage or piling of manure within 200 feet of any adjoining residence or within 100 feet of any lot line.
(c)
No swine shall be kept within 500 feet of any adjoining residence or within 200 feet of any lot line.
(d)
No farm equipment and/or supplies shall be kept within 100 feet of any lot line unless in an accessory building, subject to applicable regulations.
(2)
A dwelling for not more than two families.
(3)
A church, temple, synagogue or similar place of religious worship or use.
(4)
A nursery, elementary, secondary or vocational school, approved by the State of New York, subject to the following conditions:
(a)
A nursery school, provided that a fenced area is provided for outdoor activities.
(b)
An elementary school.
(c)
A secondary or vocational school.
(5)
A nursing home, retirement home, senior citizen home or similar place.
(6)
A cemetery.
(7)
Town buildings or Town storage areas.
(8)
A public park or recreational area.
[1]
Editor's Note: The Zoning Schedule is included as an attachment to this chapter.
C.
The following are permitted accessory uses, if applicable to the use, subject to the conditions stated herein and in § 127-25:
(1)
Signs.
(2)
Pools.
(3)
Fences.
(4)
Parking.
(5)
Farm operations, except farm ponds.
(6)
Tool, garden or greenhouse.
(7)
Storage.
(8)
TV/satellite antenna.
(9)
Home occupations or professions as cited in § 127-26A.[2]
[2]
Editor's Note: Former § 127-12C(10), regarding the keeping of not more than three nontransient boarders, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(10)
A private stable on a residential lot of not less than five acres.
D.
The following are permitted special uses, subject to the issuance of a special use permit in accordance with § 127-46 and a building permit and/or certificate of occupancy, subject to the conditions stated in the Zoning Schedule[3] and herein:
(1)
A vegetable/fruit market or stand, as specified in § 127-11D(4).
(2)
A day or overnight camp or public or private club, as specified in § 127-11D(6).
(3)
A golf course, as specified in § 127-11D(8).
(4)
A trailer/tent campground, as specified in § 127-11D(7).
(5)
Home occupation/services/lodging, as defined in § 127-26B and C, provided that all requirements specified are met.
(6)
A farm pond, as specified in § 127-11D(11).
(7)
Specific special uses cited in § 127-23, if applicable, approved by the Town Board as specified.
(8)
Motels, cottages, tourist homes, and all other uses not otherwise covered in § 127-37.2. Property requirements are as follows:
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(a)
The property must comply and meet all current NYS uniform building codes. There shall be one working smoke detector in each sleeping room and one additional smoke detector on each floor. Carbon monoxide detectors shall be installed as required by the New York State Uniform Fire Prevention and Building Code.
(b)
Evacuation procedures must be posted in each sleeping room to be followed in the event of a fire or smoke condition or upon activation of a fire or smoke defector or other alarm device.
(c)
There shall be an ABC fire extinguisher on each floor and in the kitchen. Fire extinguishers shall be inspected prior to a renter occupying the property and no less than monthly by the permit holder(s) to ensure each contains a full charge. An annual inspection should be by a licensed agency and along with the monthly inspection should be recorded on the attached tag by the owner and/or owner's authorized agent. A record of the inspections initialed by the permit holder shall be maintained and made available to the Zoning/Code Enforcement Officer upon request.
(d)
The house number shall be located both at the road and on the dwelling unit so that the house number is clearly visible from both the road and the driveway. Requirements shall follow those of the Residential Code of NYS.
(e)
Exterior doors shall be operational and all passageways to exterior doors shall be clear and unobstructed.
(f)
The electrical system panel and branch circuits should be inspected by a licensed electrical inspector with a certificate of compliance issued and displayed on the panel at the time of application. Electrical systems shall be maintained in good operating condition, labeled, unobstructed and shall be visible for the Zoning/Code Enforcement Officer during the permitting and renewal process. Any defects found shall be corrected prior to permit issuance.
(g)
All fireplaces shall comply with all applicable laws and regulations.
(h)
The property must have a minimum of one off-road parking space for every two permitted occupants. Parking facilities shall be shown on the site plan included with the application.
(i)
Maximum occupancy shall not exceed two people per NYS Building Code compliant bedroom shown on the floor plan included with the application and two people maximum per full-size convertible sleeping accommodation furniture (i.e., futon, hide-a-bed) also identified on the floor plan. A maximum of one such convertible sleeping accommodation is allowed per property. The maximum occupancy of these rental units shall not exceed 12 people, including permanent residents and renters.
(j)
In the event that the property has a septic system, the maximum occupancy shall be defined by the capabilities of the septic system, but in no event shall overnight occupancy for any rental unit exceed 12 people total.
(k)
A septic system at the property must meet all state and County requirements, including minimum capacities to meet the permitted occupant load.
(l)
The septic system must have been pumped within the past four years and proof of pumping and satisfactory inspection by a qualified septic disposal firm shall be available to the Zoning/Code Enforcement Officer. Once a short-term rental permit is issued, the septic system must be pumped at least once every four years.
(m)
The water supply to the property must meet all state and County requirements.
(n)
Signs must be in accordance with § 127-37 of this Town Code and may require an additional permit approval.
(o)
A sign no larger than 8.5 inches by 11 inches shall be installed in a weatherproof enclosure outside of the main door with emergency contact information/phone numbers for the property owner as well as the primary and secondary alternate agents.
(p)
Insurance standards. All applicants and permit holders must provide evidence of property insurance and a certificate of liability insurance indicating the premises is rated as a rental property and maintain such insurance throughout the term of the permit. Minimum general liability coverage for any rental property shall be $1,000,000.
(q)
Provisions shall be made for weekly garbage removal during rental periods in conformance with Town of Wilson standard agreement for residential properties. Garbage containers shall be secured with tight-fitting covers at all times to prevent leakage, spilling or odors, and placed where they are not clearly visible from the road except at approximate pickup time. Containers shall be replaced in the approved storage area within 24 hours of the collection time. Garbage generated in excess of the Town's standard shall be removed from the property by the owner or the renter.
[3]
Editor's Note: The Zoning Schedule is included as an attachment to this chapter.
E.
The following are permitted as temporary uses, subject to the issuance of a temporary use permit in accordance with § 127-47, subject to the conditions stated in § 127-24 and herein:
(1)
Contractor's shed/trailer.
(2)
Fair/carnival.
(3)
Special event.
(4)
Roadside stand.
(5)
Mobile home for farm labor.
(6)
Mobile home during construction.
(7)
Parking.
(8)
Signs.
(9)
Fences.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
§ 127-13 Semirural Residential 100 District.
A.
Purpose. The general purpose of this district is to promote a semirural, residential atmosphere. This includes family oriented facilities, such as places of worship or learning and recreational or commercial activities requiring space.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B.
The following are permitted uses, subject to the issuance of a building permit and/or certificate of occupancy, subject to the conditions stated in the Zoning Schedule[1] and herein:
(1)
The continuation of an existing farm in a duly mapped Niagara County Agricultural district, subject to the following conditions:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(a)
No building in which farm animals or poultry are kept shall be located within 100 feet of any lot line.
(b)
There shall be no storage or piling of manure within 200 feet of any adjoining residence or within 100 feet of any lot line.
(c)
No swine shall be kept within 500 feet of any adjoining residence or within 200 feet of any lot line.
(d)
No farm equipment and/or supplies shall be kept within 100 feet of any lot line unless in an accessory building, subject to applicable regulations.
(2)
A dwelling for not more than two families.
(3)
A church, temple, synagogue or similar place of religious worship or use.
(4)
A nursery, elementary, secondary or vocational school, approved by the State of New York, subject to the following conditions:
(a)
A nursery school, provided that a fenced area is provided for outdoor activities.
(b)
An elementary school.
(c)
A secondary or vocational school.
(5)
A nursing home, retirement home, senior citizen home or similar place.
(6)
A cemetery.
(7)
Town buildings or Town storage areas.
(8)
A public park or recreational area.
[1]
Editor's Note: The Zoning Schedule is included as an attachment to this chapter.
C.
The following are permitted accessory uses, if applicable to the use, subject to the conditions stated herein and in § 127-25:
(1)
Signs.
(2)
Pools.
(3)
Fences.
(4)
Parking.
(5)
Farm operations, except farm ponds.
(6)
Tool, garden or greenhouse.
(7)
Storage.
(8)
TV/satellite antenna.[2]
[2]
Editor's Note: Former § 127-13C(8), regarding the keeping of not more than three nontransient boarders, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(9)
A private stable on a residential lot of not less than five acres.
D.
The following are permitted special uses, subject to the issuance of a special use permit in accordance with § 127-46 and a building permit and/or certificate of occupancy, subject to the conditions stated in the Zoning Schedule[3] and herein:
(1)
A vegetable/fruit market, as specified in § 127-11D(4).
(2)
A day or overnight camp or public or private club, as specified in § 127-11D(6).
(3)
A golf course, as specified in § 127-11D(8).
(4)
A trailer/tent campground, as specified in § 127-11D(7).
(5)
Home occupation/professions/services/lodging, as defined in § 127-26A, B and C, provided that all requirements specified are met.
(6)
A farm pond, as specified in § 127-11D(11).
(7)
Specific special uses cited in § 127-23, if applicable, approved by the Town Board as specified.
(8)
Motels, cottages, tourist homes, and all other uses not otherwise covered in § 127-37.2. Property requirements are as follows:
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(a)
The property must comply and meet all current NYS uniform building codes. There shall be one working smoke detector in each sleeping room and one additional smoke detector on each floor. Carbon monoxide detectors shall be installed as required by the New York State Uniform Fire Prevention and Building Code.
(b)
Evacuation procedures must be posted in each sleeping room to be followed in the event of a fire or smoke condition or upon activation of a fire or smoke defector or other alarm device.
(c)
There shall be an ABC fire extinguisher on each floor and in the kitchen. Fire extinguishers shall be inspected prior to a renter occupying the property and no less than monthly by the permit holder(s) to ensure each contains a full charge. An annual inspection should be by a licensed agency and along with the monthly inspection should be recorded on the attached tag by the owner and/or owner's authorized agent. A record of the inspections initialed by the permit holder shall be maintained and made available to the Zoning/Code Enforcement Officer upon request.
(d)
The house number shall be located both at the road and on the dwelling unit so that the house number is clearly visible from both the road and the driveway. Requirements shall follow those of the Residential Code of NYS.
(e)
Exterior doors shall be operational and all passageways to exterior doors shall be clear and unobstructed.
(f)
The electrical system panel and branch circuits should be inspected by a licensed electrical inspector with a certificate of compliance issued and displayed on the panel at the time of application. Electrical systems shall be maintained in good operating condition, labeled, unobstructed and shall be visible for the Zoning/Code Enforcement Officer during the permitting and renewal process. Any defects found shall be corrected prior to permit issuance.
(g)
All fireplaces shall comply with all applicable laws and regulations.
(h)
The property must have a minimum of one off-road parking space for every two permitted occupants. Parking facilities shall be shown on the site plan included with the application.
(i)
Maximum occupancy shall not exceed two people per NYS Building Code compliant bedroom shown on the floor plan included with the application and two people maximum per full-size convertible sleeping accommodation furniture (i.e., futon, hide-a-bed) also identified on the floor plan. A maximum of one such convertible sleeping accommodation is allowed per property. The maximum occupancy of these rental units shall not exceed 12 people, including permanent residents and renters.
(j)
In the event that the property has a septic system, the maximum occupancy shall be defined by the capabilities of the septic system, but in no event shall overnight occupancy for any rental unit exceed 12 people total.
(k)
A septic system at the property must meet all state and County requirements, including minimum capacities to meet the permitted occupant load.
(l)
The septic system must have been pumped within the past four years and proof of pumping and satisfactory inspection by a qualified septic disposal firm shall be available to the Zoning/Code Enforcement Officer. Once a short-term rental permit is issued, the septic system must be pumped at least once every four years.
(m)
The water supply to the property must meet all state and County requirements.
(n)
Signs must be in accordance with § 127-37 of this Town Code and may require an additional permit approval.
(o)
A sign no larger than 8.5 inches by 11 inches shall be installed in a weatherproof enclosure outside of the main door with emergency contact information/phone numbers for the property owner as well as the primary and secondary alternate agents.
(p)
Insurance standards. All applicants and permit holders must provide evidence of property insurance and a certificate of liability insurance indicating the premises is rated as a rental property and maintain such insurance throughout the term of the permit. Minimum general liability coverage for any rental property shall be $1,000,000.
(q)
Provisions shall be made for weekly garbage removal during rental periods in conformance with Town of Wilson standard agreement for residential properties. Garbage containers shall be secured with tight-fitting covers at all times to prevent leakage, spilling or odors, and placed where they are not clearly visible from the road except at approximate pickup time. Containers shall be replaced in the approved storage area within 24 hours of the collection time. Garbage generated in excess of the Town's standard shall be removed from the property by the owner or the renter.
[3]
Editor's Note: The Zoning Schedule is included as an attachment to this chapter.
E.
The following are permitted as temporary uses, subject to the issuance of a temporary use permit in accordance with § 127-47, subject to the conditions stated in § 127-24 and herein:
(1)
Contractor's shed/trailer.
(2)
Fair/carnival.
(3)
Special event.
(4)
Roadside stand.
(5)
Mobile home for farm labor.
(6)
Mobile home during construction.
(7)
Parking.
(8)
Signs.
(9)
Fences.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
§ 127-13.1 Urban Residential 40 District.
[Added 4-18-2005 by L.L. No. 2-2005]
A.
Purpose. The general purpose of this district is to promote more intensive residential development. Smaller lot sizes are appropriate because of the installation of sanitary sewers in this district.
B.
The following are permitted uses, subject to the issuance of a building permit and/or certificate of occupancy, subject to the conditions stated in the Zoning Schedule[1] and herein:
(1)
A single-, double- or multifamily dwelling.
(2)
A church, temple, synagogue or similar place of religious worship or use.
(3)
A Town building or Town storage area.
(4)
A public park or recreational area.
[1]
Editor's Note: The Zoning Schedule is included as an attachment to this chapter.
C.
The following are permitted accessory uses, if applicable to the use, subject to conditions stated herein and in § 127-25:
(1)
Pools.
(2)
Fences.
(3)
Tool, garden or greenhouse.
(4)
The keeping of not more than three non-transient roomers or boarders.
(5)
Boat docks/launches.
D.
The following are permitted as temporary uses, subject to the issuance of a temporary use permit in accordance with § 127-47, subject to conditions stated in § 127-24 and herein:
(1)
Contractor's sheds.
(2)
Special events.
(3)
Signs.
(4)
Fences.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
§ 127-14 Urban Residential 80 District.
A.
Purpose. The general purpose of this district is to promote more intensive residential development with the intention of someday providing sanitary sewers. It also includes family oriented facilities, such as places of worship or learning. Smaller lot sizes have been provided; however, unless sanitary sewers are provided, the developments must provide proper on-site sewage treatment which may require larger lots than specified as minimum.
B.
The following are permitted uses, subject to the issuance of a building permit and/or certificate of occupancy, subject to the conditions stated in the Zoning Schedule[1] and herein:[2]
(1)
A single-, double- or multifamily dwelling.
(2)
A church, temple, synagogue or similar place of religious worship or use.[3]
[3]
Editor's Note: Former § 127-14B(4), regarding schools as a permitted use, 127-14B(5), regarding nursing homes as a permitted use, and 127-14B(6), regarding cemeteries as permitted uses, which immediately followed this subsection, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(3)
Town buildings or Town storage areas.
(4)
A public park or recreational area.
[1]
Editor's Note: The Zoning Schedule is included as an attachment to this chapter.
[2]
Editor's Note: Former § 127-14B(1), regarding a farm as a permitted use, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C.
The following are permitted accessory uses, if applicable to the use, subject to the conditions stated herein and in § 127-25:
(1)
Signs.
(2)
Pools.
(3)
Fences.
(4)
Parking.[4]
[4]
Editor's Note: Former § 127-14C(5), regarding farm operations as permitted accessory uses, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(5)
Tool, garden or greenhouse.
(6)
Storage.
(7)
TV/satellite antenna.[5]
[5]
Editor's Note: Former § 127-14C(9), regarding the keeping of not more than three nontransient boarders, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D.
The following are permitted special uses, subject to the issuance of a special use permit in accordance with § 127-46 and a building permit and/or certificate of occupancy, subject to the conditions stated in the Zoning Schedule[6] and herein:
(1)
A vegetable/fruit market as specified in § 127-11D(4).
(2)
A mobile home park in strict accordance with § 127-37.1 of the Code of the Town of Wilson. Prior approval by the County Health Department of potable water supply and sanitary facilities shall be obtained.
(3)
Home occupations/professions/lodging cited in § 127-26.[7]
[7]
Editor's Note: Former § 127-14D(4), regarding a farm pond as a permitted special use, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(4)
Specific special uses cited in § 127-23, if applicable, approved by the Town Board as specified.
(5)
Day-care center/nursery as defined in § 127-5.
[Added 2-18-2015 by L.L. No. 1-2015]
[6]
Editor's Note: The Zoning Schedule is included as an attachment to this chapter.
E.
The following are permitted as temporary uses, subject to the issuance of a temporary use permit in accordance with § 127-47, subject to the conditions stated in § 127-24 and herein:
(1)
Contractor's shed/trailer.
(2)
Fair/carnival.
(3)
Special event.
(4)
Roadside stand.[8]
[8]
Editor's Note: Former § 127-14E(5), regarding a mobile home for farm labor as a permitted temporary use, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(5)
Mobile home during construction.
(6)
Parking.
(7)
Signs.
(8)
Fences.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
§ 127-15 Rural Highway Commercial 360 District.
[Amended 6-20-2018 by L.L. No. 1-2018]
A.
Purpose. The general purpose of this district is to promote commercial establishments relating to the sale and/or service of agricultural equipment, light industry, and retail business relating to the basic needs of the rural residential community. These districts are located in areas of the Town designed for suitable access and minimized disruption to the community.
B.
The following are permitted uses, subject to the issuance of a building permit and/or certificate of occupancy, subject to the conditions stated in the Zoning Schedule[1] and herein:
(1)
A farm, subject to the following conditions:
(a)
No building in which farm animals or poultry are kept shall be located within 100 feet of any lot line.
(b)
There shall be no storage or piling of manure within 200 feet of any adjoining residence or within 100 feet of any lot line.
(c)
No swine shall be kept within 500 feet of any adjoining residence or within 200 feet of any lot line.
(d)
No farm equipment and/or supplies shall be kept within 100 feet of any lot line unless in an accessory building, subject to applicable regulations.
(2)
Town buildings or Town storage areas.
(3)
A public park or recreational area.
(4)
Office building, such as for real estate sales, architects, lawyers, doctors, etc., provided that adequate parking is provided.
(5)
Retail trade stores, such as for clothes, footwear, drugs, hardware, groceries, bakery. Adequate parking shall be provided.
(6)
Vegetable/fruit market or stand, as specified in § 127-11D(4).
(7)
Nursery, florist, greenhouse for commercial operations with produce from on or off the premises, along with miscellaneous related products, offered for sale. Adequate parking must be provided.
(8)
Farm equipment, supplies/sales/service. Adequate parking shall be provided.
(9)
Wholesale sales/storage facilities.
(10)
Building materials sales yard.
(11)
Builders, suppliers, contractors' offices and sales yards.
(12)
Mobile home, boat, trailer, car, truck sales and service.
(13)
Manufacturer, sales and service of small machinery and electronics equipment.
(14)
Fabrication of metal products, such as bicycles and furniture; paper products, such as bags and boxes; wood products, such as boxes, trusses, and furniture; and stone products, such as countertops, pottery, and home decor items.
(15)
Food and associated industry.
(16)
Research and scientific laboratories.
(17)
Warehouse/storage facilities.
[1]
Editor's Note: The Zoning Schedule is included as an attachment to this chapter.
C.
The following are permitted accessory uses, if applicable to the use, subject to the conditions stated herein and in § 127-25:
(1)
Signs.
(2)
Pools.
(3)
Fences.
(4)
Parking.
(5)
Farm operations, except farm ponds.
(6)
Tool, garden or greenhouse.
(7)
Storage.
(8)
TV/satellite antenna.
D.
The following are permitted special uses, subject to the issuance of a special use permit in accordance with § 127-46 and a building permit and/or certificate of occupancy, subject to the conditions stated in the Zoning Schedule and herein:
(1)
A dog kennel or veterinary clinic, certified by the Niagara County Society for the Prevention of Cruelty to Animals.
(2)
A gas station, repair garage or car wash, subject to the following:
(a)
Gas stations. A site plan is required showing the location of all improvements as related to adjacent areas. All trash shall be required to be suitably stored and regularly removed from the premises. Parts of the front yard not within the required greenbelt may, at the discretion of the Board of Appeals, be used for the servicing of automobiles, the placing of gas pump islands, telephone booths, permitted signs, etc. Pump islands may, at the discretion of the Board, be covered with a roof structure. Any incidental car-washing operations shall be within buildings, with adequate measures taken for the handling of drainage so as to avoid stream pollution.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(b)
Repair garage. A site plan is required showing the location of all improvements as related to adjacent areas. All automotive repair work shall be required to be carried on within buildings, and any equipment, parts or temporarily inoperative vehicles stored on the premises shall be suitably enclosed. Adequate provision shall be made for the temporary storage and prompt removal of permanently inoperative vehicles, scrap parts and other waste materials. All areas open to encroachment by automobiles shall be suitably indicated on the plan and shall be required to be suitably improved and provided with wheel or bumper stops. Parts of the front yard not included in the required greenbelt may, at the discretion of the Board, be utilized for temporary parking of operative vehicles in accordance with the approved plan.
(c)
Car wash. A site plan is required showing the location of all improvements as related to adjacent areas. All car washing operations shall be carried on within buildings. A waiting area shall be provided to accommodate peak waiting lines without the necessity to overflow onto the street. All wastewater drainage facilities shall be approved by the County Health Department.
(3)
Motels, cottages, tourist homes, and all other uses not otherwise covered in § 127-37.2. Property requirements are as follows:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(a)
The property must comply and meet all current NYS uniform building codes. There shall be one working smoke detector in each sleeping room and one additional smoke detector on each floor. Carbon monoxide detectors shall be installed as required by the New York State Uniform Fire Prevention and Building Code.
(b)
Evacuation procedures must be posted in each sleeping room to be followed in the event of a fire or smoke condition or upon activation of a fire or smoke defector or other alarm device.
(c)
There shall be an ABC fire extinguisher on each floor and in the kitchen. Fire extinguishers shall be inspected prior to a renter occupying the property and no less than monthly by the permit holder(s) to ensure each contains a full charge. An annual inspection should be by a licensed agency and along with the monthly inspection should be recorded on the attached tag by the owner and/or owner's authorized agent. A record of the inspections initialed by the permit holder shall be maintained and made available to the Zoning/Code Enforcement Officer upon request.
(d)
The house number shall be located both at the road and on the dwelling unit so that the house number is clearly visible from both the road and the driveway. Requirements shall follow those of the Residential Code of NYS.
(e)
Exterior doors shall be operational and all passageways to exterior doors shall be clear and unobstructed.
(f)
The electrical system panel and branch circuits should be inspected by a licensed electrical inspector with a certificate of compliance issued and displayed on the panel at the time of application. Electrical systems shall be maintained in good operating condition, labeled, unobstructed and shall be visible for the Zoning/Code Enforcement Officer during the permitting and renewal process. Any defects found shall be corrected prior to permit issuance.
(g)
All fireplaces shall comply with all applicable laws and regulations.
(h)
The property must have a minimum of one off-road parking space for every two permitted occupants. Parking facilities shall be shown on the site plan included with the application.
(i)
Maximum occupancy shall not exceed two people per NYS Building Code compliant bedroom shown on the floor plan included with the application and two people maximum per full-size convertible sleeping accommodation furniture (i.e., futon, hide-a-bed) also identified on the floor plan. A maximum of one such convertible sleeping accommodation is allowed per property. The maximum occupancy of these rental units shall not exceed 12 people, including permanent residents and renters.
(j)
In the event that the property has a septic system, the maximum occupancy shall be defined by the capabilities of the septic system, but in no event shall overnight occupancy for any rental unit exceed 12 people total.
(k)
A septic system at the property must meet all state and County requirements, including minimum capacities to meet the permitted occupant load.
(l)
The septic system must have been pumped within the past four years and proof of pumping and satisfactory inspection by a qualified septic disposal firm shall be available to the Zoning/Code Enforcement Officer. Once a short-term rental permit is issued, the septic system must be pumped at least once every four years.
(m)
The water supply to the property must meet all state and County requirements.
(n)
Signs must be in accordance with § 127-37 of this Town Code and may require an additional permit approval.
(o)
A sign no larger than 8.5 inches by 11 inches shall be installed in a weatherproof enclosure outside of the main door with emergency contact information/phone numbers for the property owner as well as the primary and secondary alternate agents.
(p)
Insurance standards. All applicants and permit holders must provide evidence of property insurance and a certificate of liability insurance indicating the premises is rated as a rental property and maintain such insurance throughout the term of the permit. Minimum general liability coverage for any rental property shall be $1,000,000.
(q)
Provisions shall be made for weekly garbage removal during rental periods in conformance with Town of Wilson standard agreement for residential properties. Garbage containers shall be secured with tight-fitting covers at all times to prevent leakage, spilling or odors, and placed where they are not clearly visible from the road except at approximate pickup time. Containers shall be replaced in the approved storage area within 24 hours of the collection time. Garbage generated in excess of the Town's standard shall be removed from the property by the owner or the renter.
(4)
Restaurant. A site plan showing the location of all improvements as related to adjacent areas is required. At the discretion of the Board of Appeals, part of the front yard, other than a part of the required greenbelt, may be used for the parking of cars and serving of food. The perimeter of the service area shall be fenced with a fence suitable for the stopping of blowing paper. Adequate and convenient trash receptacles shall be provided. All service areas shall be paved and well drained. Provisions shall be required that the area be kept neat, clean and free from trash. Where public water and sewer are not available, prior approval of plans for these facilities by the County Health Department shall be required.
(5)
A small motor repair shop. A site plan shall be required showing all proposed improvements and areas to be used for the display or storage of materials, vehicles and equipment.
(6)
A gym or exercise facility. A site plan shall be required showing the location of all proposed improvements. At the discretion of the Board of Appeals, part of the front yard, other than a part of the required greenbelt, may be used for the parking of cars. The perimeter of the service area shall be fenced with a fence suitable for the stopping of blowing paper or debris. Adequate and convenient trash receptacles shall be provided. All service areas shall be paved and well drained. Provisions shall be required that the area be kept neat, clean and free from trash. Where public water and sewer are not available, prior approval of plans for these facilities by the County Health Department shall be required.
(7)
A farm pond, as specified in § 127-11D(11).
(8)
Specific special uses cited in § 127-23, if applicable, approved by the Town Board as specified.
(9)
Day-care center/nursery as defined in § 127-5.
E.
The following are permitted as temporary uses, subject to the issuance of a temporary use permit in accordance with § 127-47, subject to the conditions stated in § 127-24 and herein:
(1)
Contractor's shed/trailer.
(2)
Fair/carnival.
(3)
Special event.
(4)
Roadside stand.
(5)
Mobile home during construction.
(6)
Parking.
(7)
Signs.
F.
In the event of a fire and/or natural disaster occurring to a residential dwelling within this zone, structures constructed prior to the adoption of this section shall be deemed as permitted use and allowed to rebuild in a substantially similar manner.
§ 127-16 Rural Neighborhood Commercial 360 District.
A.
Purpose. The general purpose of this district is to promote commercial establishments relating to the sale and/or service of agricultural equipment or products and retail business relating to the basic needs of the rural residential community. These districts are located near residential areas in the Town to provide for the most suitable access to and minimize the disruption to the community.
B.
The following are permitted uses, subject to the issuance of a building permit and/or certificate of occupancy, subject to the conditions stated in the Zoning Schedule[1] and herein:
(1)
A farm, subject to the following conditions:
(a)
No building in which farm animals or poultry are kept shall be located within 100 feet of any lot line.
(b)
There shall be no storage or piling of manure within 200 feet of any adjoining residence or within 100 feet of any lot line.
(c)
No swine shall be kept within 500 feet of any adjoining residence or within 200 feet of any lot line.
(d)
No farm equipment and/or supplies shall be kept within 100 feet of any lot line unless in an accessory building, subject to applicable regulations.
(2)
Town buildings or Town storage areas.
(3)
A public park or recreational area.
(4)
Retail trade stores, such as for drugs, hardware, groceries, or bakery. Adequate parking shall be provided.
(5)
Personal service establishments, such as a barbershop or beauty salon. Adequate parking shall be provided.
(6)
Public or private club facilities. Adequate parking must be provided.
[1]
Editor's Note: The Zoning Schedule is included as an attachment to this chapter.
C.
The following are permitted accessory uses, if applicable to the use, subject to the conditions stated herein and in § 127-25:
(1)
Signs.
(2)
Pools.
(3)
Fences.
(4)
Parking.
(5)
Farm operations, except farm ponds.
(6)
Tool, garden or greenhouse.
(7)
Storage.
(8)
TV/satellite antenna.
(9)
Home occupations/professions/services/lodging, as defined in § 127-26, provided that all requirements specified are met.
D.
The following are permitted special uses, subject to the issuance of a special use permit in accordance with § 127-46 and a building permit and/or certificate of occupancy, subject to the conditions stated in the Zoning Schedule[2] and herein:
(1)
A vegetable/fruit market or stand, as specified in § 127-11D(4).
(2)
A gas station, repair garage or car wash, as specified in § 127-15D(2).
(3)
A small motor repair shop, as specified in § 127-15D(5).
(4)
A farm pond, as specified in § 127-11D(11).
(5)
Specific special uses cited in § 127-23, if applicable, approved by the Town Board as specified.
(6)
Day-care center/nursery as defined in § 127-5.
[Added 2-18-2015 by L.L. No. 1-2015]
[2]
Editor's Note: The Zoning Schedule is included as an attachment to this chapter.
E.
The following are permitted as temporary uses, subject to the issuance of a temporary use permit in accordance with § 127-47, subject to the conditions stated in § 127-24 and herein:
(1)
Contractor's shed/trailer.
(2)
Fair/carnival.
(3)
Special event.
(4)
Roadside stand.
(5)
Mobile home during construction.
(6)
Parking.
(7)
Signs.
F.
In the event of a fire and/or natural disaster occurring to a residential dwelling within this zone, structures constructed prior to the adoption of this section shall be deemed as permitted use and allowed to rebuild in a substantially similar manner.
§ 127-17 Semirural Highway Commercial 240 District.
A.
Purpose. The general purpose of this district is to promote commercial establishments relating to the tourism industry and retail business relating to the basic needs of the semirural residential community and travelers. This district is located near the state park and waterfront to maximize its usage.
B.
The following are permitted uses, subject to the issuance of a building permit and/or certificate of occupancy, subject to the conditions stated in the Zoning Schedule[1] and herein:
(1)
A farm, subject to the following conditions:
(a)
No building in which farm animals or poultry are kept shall be located within 100 feet of any lot line.
(b)
There shall be no storage or piling of manure within 200 feet of any adjoining residence or within 100 feet of any lot line.
(c)
No swine shall be kept within 500 feet of any adjoining residence or within 200 feet of any lot line.
(d)
No farm equipment and/or supplies shall be kept within 100 feet of any lot line unless in an accessory building, subject to applicable regulations.
(2)
Town buildings or Town storage areas.
(3)
A public park or recreational area.
[1]
Editor's Note: The Zoning Schedule is included as an attachment to this chapter.
C.
The following are permitted accessory uses, if applicable to the use, subject to the conditions stated herein and in § 127-25:
(1)
Signs.
(2)
Pools.
(3)
Fences.
(4)
Parking.
(5)
Farm operations, except farm ponds.
(6)
Tool, garden or greenhouse.
(7)
Storage.
(8)
TV/satellite antenna.
(9)
Home occupations/professions/services/lodging as defined in § 127-26, provided that all requirements specified are met.
D.
The following are permitted special uses, subject to the issuance of a special use permit in accordance with § 127-46 and a building permit and/or certificate of occupancy, subject to the conditions stated in the Zoning Schedule[2] and herein:
(1)
Motels, cottages, tourist homes, and all other uses not otherwise covered in § 127-37.2. Property requirements are as follows:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(a)
The property must comply and meet all current NYS uniform building codes. There shall be one working smoke detector in each sleeping room and one additional smoke detector on each floor. Carbon monoxide detectors shall be installed as required by the New York State Uniform Fire Prevention and Building Code.
(b)
Evacuation procedures must be posted in each sleeping room to be followed in the event of a fire or smoke condition or upon activation of a fire or smoke defector or other alarm device.
(c)
There shall be an ABC fire extinguisher on each floor and in the kitchen. Fire extinguishers shall be inspected prior to a renter occupying the property and no less than monthly by the permit holder(s) to ensure each contains a full charge. An annual inspection should be by a licensed agency and along with the monthly inspection should be recorded on the attached tag by the owner and/or owner's authorized agent. A record of the inspections initialed by the permit holder shall be maintained and made available to the Zoning/Code Enforcement Officer upon request.
(d)
The house number shall be located both at the road and on the dwelling unit so that the house number is clearly visible from both the road and the driveway. Requirements shall follow those of the Residential Code of NYS.
(e)
Exterior doors shall be operational and all passageways to exterior doors shall be clear and unobstructed.
(f)
The electrical system panel and branch circuits should be inspected by a licensed electrical inspector with a certificate of compliance issued and displayed on the panel at the time of application. Electrical systems shall be maintained in good operating condition, labeled, unobstructed and shall be visible for the Zoning/Code Enforcement Officer during the permitting and renewal process. Any defects found shall be corrected prior to permit issuance.
(g)
All fireplaces shall comply with all applicable laws and regulations.
(h)
The property must have a minimum of one off-road parking space for every two permitted occupants. Parking facilities shall be shown on the site plan included with the application.
(i)
Maximum occupancy shall not exceed two people per NYS Building Code compliant bedroom shown on the floor plan included with the application and two people maximum per full-size convertible sleeping accommodation furniture (i.e., futon, hide-a-bed) also identified on the floor plan. A maximum of one such convertible sleeping accommodation is allowed per property. The maximum occupancy of these rental units shall not exceed 12 people, including permanent residents and renters.
(j)
In the event that the property has a septic system, the maximum occupancy shall be defined by the capabilities of the septic system, but in no event shall overnight occupancy for any rental unit exceed 12 people total.
(k)
A septic system at the property must meet all state and County requirements, including minimum capacities to meet the permitted occupant load.
(l)
The septic system must have been pumped within the past four years and proof of pumping and satisfactory inspection by a qualified septic disposal firm shall be available to the Zoning/Code Enforcement Officer. Once a short-term rental permit is issued, the septic system must be pumped at least once every four years.
(m)
The water supply to the property must meet all state and County requirements.
(n)
Signs must be in accordance with § 127-37 of this Town Code and may require an additional permit approval.
(o)
A sign no larger than 8.5 inches by 11 inches shall be installed in a weatherproof enclosure outside of the main door with emergency contact information/phone numbers for the property owner as well as the primary and secondary alternate agents.
(p)
Insurance standards. All applicants and permit holders must provide evidence of property insurance and a certificate of liability insurance indicating the premises is rated as a rental property and maintain such insurance throughout the term of the permit. Minimum general liability coverage for any rental property shall be $1,000,000.
(q)
Provisions shall be made for weekly garbage removal during rental periods in conformance with Town of Wilson standard agreement for residential properties. Garbage containers shall be secured with tight-fitting covers at all times to prevent leakage, spilling or odors, and placed where they are not clearly visible from the road except at approximate pickup time. Containers shall be replaced in the approved storage area within 24 hours of the collection time. Garbage generated in excess of the Town's standard shall be removed from the property by the owner or the renter.
(2)
Golf course. The greenbelt cannot include fairways and/or putting greens. Prior approval by the County Health Department of potable water supply and sanitary facilities shall be obtained. Sufficient parking must be provided. Operating standards shall be provided which, among other requirements, shall provide that the golf course be operated in a neat and sanitary manner; that garbage be collected and removed daily; that parking areas be kept reasonably free of dust; that a suitable registry of guests be maintained; that the seasonal character of the use be maintained; and that the grounds be cleared of all golfing equipment not part of the approved plans during the off season.
(3)
Trailer/tent campground. A site plan shall be provided showing all proposed individual tent or trailer sites (indicated as a square or circle in which each tent or trailer is to be located). Prior approval by the County Health Department of proposed potable water supply and sanitary facilities shall be obtained. Campsites shall be adequately separated to provide privacy. Greenbelts shall be provided as specified, along with visual screens and fencing to provide privacy and confinement of activities and functions. Driveways shall be designed for safety and privacy of the campsites. Operating standards shall be provided which, among other requirements, shall provide that the camp be operated in a neat and sanitary manner; that garbage be collected and removed daily; that parking areas be kept reasonably free of dust; that a suitable registry of guests be maintained; that the seasonal character of the use be maintained; and that the grounds be cleared of all camping equipment not part of the approved plans during the off season.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(4)
Restaurants. A site plan shall be required showing the location of all improvements as related to adjacent areas. At the discretion of the Board of Appeals, part of the front yard, other than a part of the required greenbelt, may be used for the parking of cars and serving of food. The perimeter of the service area shall be fenced with a fence suitable for the stopping of blowing paper. Adequate and convenient trash receptacles shall be provided. All service areas shall be paved and be kept neat, clean and free from trash. Where public water and sewer are not available, prior approval of plans for these facilities by the County Health Department shall be required.
(5)
Retail trade stores, such as convenience stores, bait and tackle shops, antique shops, photo service, liquor and beverage stores, drugstores. Adequate parking shall be provided.
(6)
Commercial or livery stable.
(7)
Vegetable/fruit market or stand for commercial operations with produce from on or off premises, along with miscellaneous related products offered for sale. Adequate parking must be provided.
(8)
A farm pond, as specified in § 127-11D(11).
(9)
Specific special uses cited in § 127-23, if applicable, approved by the Town Board as specified.
(10)
Day-care center/nursery as defined in § 127-5.
[Added 2-18-2015 by L.L. No. 1-2015]
[2]
Editor's Note: The Zoning Schedule is included as an attachment to this chapter.
E.
The following are permitted as temporary uses, subject to the issuance of a temporary use permit in accordance with § 127-47, subject to the conditions stated in § 127-24 and herein:
(1)
Contractor's shed/trailer.
(2)
Fair/carnival.
(3)
Special event.
(4)
Roadside stand.
(5)
Mobile home during construction.
(6)
Parking.
(7)
Signs.
F.
In the event of a fire and/or natural disaster occurring to a residential dwelling within this zone, structures constructed prior to the adoption of this section shall be deemed as permitted use and allowed to rebuild in a substantially similar manner.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
§ 127-18 Waterfront Commercial 160 District.
A.
Purpose. The general purpose of this district is to promote commercial establishments relating to the tourism industry, in particular to the lake. This district is located near the state park and waterfront to maximize its usage.
B.
The following are permitted uses, subject to the issuance of a building permit and/or certificate of occupancy, subject to the conditions stated in the Zoning Schedule[1] and herein:
(1)
Town buildings or storage areas.
(2)
A public park or recreational area.
(3)
Boat docking, launching facilities.
(4)
Marina.
(5)
Yacht club.
(6)
Boat/marina/trailer sales, service and storage.
(7)
Commercial fishing and charter operations.
(8)
Single-family dwelling.
[Added 6-19-2019 by L.L. No. 1-2019]
(9)
Retail store.
[Added 6-19-2019 by L.L. No. 1-2019]
[1]
Editor's Note: The Zoning Schedule is included as an attachment to this chapter.
C.
The following are permitted accessory uses, if applicable to the use, subject to the conditions stated herein and in § 127-25:
(1)
Signs.
(2)
Pools.
(3)
Fences.
(4)
Parking.
(5)
Tool, garden or greenhouse.
(6)
Storage.
(7)
TV/satellite antenna.
(8)
A dwelling for a watchman.
D.
The following are permitted special uses, subject to the issuance of a special use permit in accordance with § 127-46 and a building permit and/or certificate of occupancy, subject to the conditions stated in the Zoning Schedule[2] and herein:
(1)
Motels, cottages, tourist homes, and all other uses not otherwise covered in § 127-37.2. Property requirements are as follows:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(a)
The property must comply and meet all current NYS uniform building codes. There shall be one working smoke detector in each sleeping room and one additional smoke detector on each floor. Carbon monoxide detectors shall be installed as required by the New York State Uniform Fire Prevention and Building Code.
(b)
Evacuation procedures must be posted in each sleeping room to be followed in the event of a fire or smoke condition or upon activation of a fire or smoke defector or other alarm device.
(c)
There shall be an ABC fire extinguisher on each floor and in the kitchen. Fire extinguishers shall be inspected prior to a renter occupying the property and no less than monthly by the permit holder(s) to ensure each contains a full charge. An annual inspection should be by a licensed agency and along with the monthly inspection should be recorded on the attached tag by the owner and/or owner's authorized agent. A record of the inspections initialed by the permit holder shall be maintained and made available to the Zoning/Code Enforcement Officer upon request.
(d)
The house number shall be located both at the road and on the dwelling unit so that the house number is clearly visible from both the road and the driveway. Requirements shall follow those of the Residential Code of NYS.
(e)
Exterior doors shall be operational and all passageways to exterior doors shall be clear and unobstructed.
(f)
The electrical system panel and branch circuits should be inspected by a licensed electrical inspector with a certificate of compliance issued and displayed on the panel at the time of application. Electrical systems shall be maintained in good operating condition, labeled, unobstructed and shall be visible for the Zoning/Code Enforcement Officer during the permitting and renewal process. Any defects found shall be corrected prior to permit issuance.
(g)
All fireplaces shall comply with all applicable laws and regulations.
(h)
The property must have a minimum of one off-road parking space for every two permitted occupants. Parking facilities shall be shown on the site plan included with the application.
(i)
Maximum occupancy shall not exceed two people per NYS Building Code compliant bedroom shown on the floor plan included with the application and two people maximum per full-size convertible sleeping accommodation furniture (i.e., futon, hide-a-bed) also identified on the floor plan. A maximum of one such convertible sleeping accommodation is allowed per property. The maximum occupancy of these rental units shall not exceed 12 people, including permanent residents and renters.
(j)
In the event that the property has a septic system, the maximum occupancy shall be defined by the capabilities of the septic system, but in no event shall overnight occupancy for any rental unit exceed 12 people total.
(k)
A septic system at the property must meet all state and County requirements, including minimum capacities to meet the permitted occupant load.
(l)
The septic system must have been pumped within the past four years and proof of pumping and satisfactory inspection by a qualified septic disposal firm shall be available to the Zoning/Code Enforcement Officer. Once a short-term rental permit is issued, the septic system must be pumped at least once every four years.
(m)
The water supply to the property must meet all state and County requirements.
(n)
Signs must be in accordance with § 127-37 of this Town Code and may require an additional permit approval.
(o)
A sign no larger than 8.5 inches by 11 inches shall be installed in a weatherproof enclosure outside of the main door with emergency contact information/phone numbers for the property owner as well as the primary and secondary alternate agents.
(p)
Insurance standards. All applicants and permit holders must provide evidence of property insurance and a certificate of liability insurance indicating the premises is rated as a rental property and maintain such insurance throughout the term of the permit. Minimum general liability coverage for any rental property shall be $1,000,000.
(q)
Provisions shall be made for weekly garbage removal during rental periods in conformance with Town of Wilson standard agreement for residential properties. Garbage containers shall be secured with tight-fitting covers at all times to prevent leakage, spilling or odors, and placed where they are not clearly visible from the road except at approximate pickup time. Containers shall be replaced in the approved storage area within 24 hours of the collection time. Garbage generated in excess of the Town's standard shall be removed from the property by the owner or the renter.
(2)
Restaurants, as specified in § 127-17D(4).
(3)
Home occupations/professions/services/lodging, as defined in § 127-26, provided that all requirements specified are met.
(4)
Specific special uses cited in § 127-23, if applicable, approved by the Town Board as specified.
(5)
Day-care center/nursery as defined in § 127-5.
[Added 2-18-2015 by L.L. No. 1-2015]
(6)
Townhouses as defined in § 127-5.
[Added 6-19-2019 by L.L. No. 1-2019]
[2]
Editor's Note: The Zoning Schedule is included as an attachment to this chapter.
E.
The following are permitted as temporary uses, subject to the issuance of a temporary use permit in accordance with § 127-47, subject to the conditions stated in § 127-24 and herein:
(1)
Contractor's shed/trailer.
(2)
Fair/carnival.
(3)
Special event.
(4)
Roadside stand.
(5)
Mobile home during construction.
(6)
Parking.
(7)
Signs.
F.
In the event of a fire and/or natural disaster occurring to a residential dwelling within this zone, structures constructed prior to the adoption of this section shall be deemed as permitted use and allowed to rebuild in a substantially similar manner.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
§ 127-19 Light Industrial 360 District.
A.
Purpose. The general purpose of this district is to provide for light industry, such as equipment and material sales and service for the community and manufacture, fabrication and processing of small products, such as furniture, bicycles, computers and food. The type of industry must be suitable to the surrounding residential and agricultural community and provide protection of the environment.
B.
The following are permitted uses, subject to the issuance of a building permit and/or certificate of occupancy, subject to the conditions stated in the Zoning Schedule[1] and herein:
(1)
A farm, subject to the following conditions:
(a)
No building in which farm animals or poultry are kept shall be located within 100 feet of any lot line.
(b)
There shall be no storage or piling of manure within 200 feet of any adjoining residence or within 100 feet of any lot line.
(c)
No swine shall be kept within 500 feet of any adjoining residence or within 200 feet of any lot line.
(d)
No farm equipment and/or supplies shall be kept within 100 feet of any lot line unless in an accessory building, subject to applicable regulations.
(2)
Town buildings or Town storage areas.
(3)
Office buildings.
(4)
Farm equipment/supplies, sales and service.
(5)
Wholesale sales/storage facilities.
(6)
Building materials sales yard.
(7)
Builders, suppliers, contractors' offices and sales yards.
(8)
Mobile home, boat, trailer, car, truck sales and service.
(9)
Manufacturer, sales and service of small machinery and electronics equipment.
(10)
Fabrication of metal products, such as bicycles and furniture; paper products, such as bags and boxes; and wood products, such as boxes and furniture.
(11)
Food and associated industry,
(12)
Research and scientific laboratories.
(13)
Warehouse/storage facilities.
[1]
Editor's Note: The Zoning Schedule is included as an attachment to this chapter.
C.
The following are permitted accessory uses, if applicable to the use, subject to the conditions stated herein and in § 127-25:
(1)
Signs.
(2)
Pools.
(3)
Fences.
(4)
Parking.
(5)
Farm operations, except farm ponds.
(6)
Tool, garden or greenhouse.
(7)
Storage.
(8)
TV/satellite antenna.
(9)
A dwelling for a tenant farmer on a farm of not less than 80 acres.
(10)
A dwelling for a watchman.
D.
The following are permitted special uses, subject to the issuance of a special use permit in accordance with § 127-46 and a building permit and/or certificate of occupancy, subject to the conditions stated in the Zoning Schedule[2] and herein:
(1)
Gas station, repair garage or car wash, as specified in § 127-15D(2).
(2)
Vegetable/fruit market or stand, as specified in § 127-11D(4).
(3)
A dog kennel or veterinary clinic, as specified in § 127-11D(2).
(4)
A farm pond, as specified in 127-11D(11).
(5)
Specific special uses cited in § 127-23, if applicable, approved by the Town Board as specified.
(6)
An adult book, video, or entertainment facility or store.
[Added 4-18-2005 by L.L. No. 2-2005]
[2]
Editor's Note: The Zoning Schedule is included as an attachment to this chapter.
E.
The following are permitted as temporary uses, subject to the issuance of a temporary use permit in accordance with § 127-47, subject to the conditions stated in § 127-24 and herein:
(1)
Contractor's shed/trailer.
(2)
Mobile home for farm labor.
(3)
Special event.
(4)
Roadside stand.
(5)
Mobile home during construction.
(6)
Parking.
(7)
Signs.
F.
In the event of a fire and/or natural disaster occurring to a residential dwelling within this zone, structures constructed prior to the adoption of this section shall be deemed as permitted use and allowed to rebuild in a substantially similar manner.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
§ 127-20 Heavy Industrial 360 District.
A.
Purpose. The general purpose of this district is to provide for heavy industrial operations, such as manufacturing of large machinery and sales and service of manufactured products, such as paints and chemicals. This type of industry must be suitable to the surrounding residential and agricultural community and provide protection of the environment.
B.
The following are permitted uses, subject to the issuance of a building permit and/or certificate of occupancy, subject to the conditions stated in the Zoning Schedule[1] and herein:
(1)
A farm, subject to the following conditions:
(a)
No building in which farm animals or poultry are kept shall be located within 100 feet of any lot line.
(b)
There shall be no storage or piling of manure within 200 feet of any adjoining residence or within 100 feet of any lot line.
(c)
No swine shall be kept within 500 feet of any adjoining residence or within 200 feet of any lot line.
(d)
No farm equipment and/or supplies shall be kept within 100 feet of any lot line unless in an accessory building, subject to applicable regulations.
(2)
Town buildings or Town storage area.
(3)
Manufacture, sales and service of large machinery, electrical equipment and transportation equipment.
(4)
Sales and service of chemicals, paint solvents, plastics and grease.
(5)
Sales and service of pharmaceuticals and cosmetics, etc.
(6)
Long- and local-distance truck terminals.
(7)
Gas stations, repair garages or car wash, as specified in § 127-15D(2).
[1]
Editor's Note: The Zoning schedule is included as an attachment to this chapter.
C.
The following are permitted accessory uses, if applicable to the use, subject to the conditions stated herein and in § 127-25:
(1)
Signs.
(2)
Fences.
(3)
Parking.
(4)
Farm operations, except farm ponds.
(5)
Tool, garden or greenhouse.
(6)
Storage.
(7)
TV/satellite antenna.
(8)
A dwelling for a watchman.
(9)
A dwelling for a tenant farmer on a farm of not less than 80 acres.
D.
The following are permitted special uses, subject to the issuance of a special use permit in accordance with § 127-46 and a building permit and/or certificate of occupancy, subject to the conditions stated in the Zoning Schedule[2] and herein:
(1)
A farm pond, as specified in § 127-11D(11).
(2)
Specific special uses cited in § 127-23, if applicable, approved by the Town Board as specified.
[2]
Editor's Note: The Zoning Schedule is included as an attachment to this chapter.
E.
The following are permitted as temporary uses, subject to the issuance of a temporary use permit in accordance with § 127-47, subject to the conditions stated in § 127-24 and herein:
(1)
Contractor's shed/trailer.
(2)
Mobile home for farm labor.
(3)
Roadside stand.
(4)
Mobile home during construction.
(5)
Parking.
(6)
Signs.
F.
In the event of a fire and/or natural disaster occurring to a residential dwelling within this zone, structures constructed prior to the adoption of this section shall be deemed as permitted use and allowed to rebuild in a substantially similar manner.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
§ 127-21 Park Land District.
A.
Purpose. The purpose of this district is to provide for public recreation, both for the community and for the tourist industry.
B.
The following are permitted uses, subject to the issuance of a building permit and/or certificate of occupancy, subject to the conditions stated in the Zoning Schedule[1] and herein:
(1)
Public recreation and camping area.
(2)
Public recreation vehicle area.
[1]
Editor's Note: The Zoning Schedule is included as an attachment to this chapter.
C.
The following are permitted accessory uses, subject to the conditions stated herein and in § 127-25:
(1)
Uses and buildings customarily accessory to public recreation facilities.
D.
The following are permitted temporary uses, subject to the issuance of a temporary use permit in accordance with § 127-47, subject to the conditions stated in § 127-24 and herein:
(1)
Contractor's shed/trailer.
(2)
Fair/carnival.
(3)
Parking.
(4)
Signs.
(5)
Special events.