Yates Town City Zoning Code
ARTICLE V
District Regulations
§ 240-28 Hamlets (HA).
A.
Purpose. The purposes of the Hamlet Zone are to recognize the crossroads community as a unique area where residences and businesses coexist in close proximity, providing necessary basic services and other small business uses as well as a distinct residential environment.
B.
Permitted uses.
(1)
One- and two-family dwellings, subject to the requirements of § 240-48.
(2)
Farm produce stands.
(3)
Agriculture, except for animal husbandry.
(4)
Tier 1 and Tier 2 solar energy systems, subject to site plan review and in compliance with Chapter 183, Solar Energy Systems.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C.
Conditional uses requiring a special permit issued by the Planning Board (subject to special permit use regulations, Article VII).
(1)
Bed-and-breakfast.
(2)
Farm market.
(3)
Home business (Class A).
(4)
Multifamily dwelling.
(5)
Neighborhood business.
(6)
Professional offices.
(7)
Motor vehicle repair shop.
(8)
Gasoline station.
(9)
Essential services and public utilities.
(10)
Public and semipublic buildings and grounds.
(11)
Telecommunications facilities.
(12)
Motor vehicle sales/rental.
(13)
Agricultural distribution and processing facilities.
D.
Permitted accessory uses.
(1)
Enumeration of uses.
(a)
Home occupations.
(b)
Farm produce stands.
(c)
Signs as regulated in § 240-41.
(d)
Private garages; off-street parking and loading areas.
(e)
Private recreational facility (swimming pool, etc.)
(f)
Other uses and structures customarily incidental to permitted principal uses.
(2)
Accessory uses shall be used on a commercial basis except home occupations and approved home businesses.
E.
Specifications.
Minimum Setback Requirements | |
|---|---|
Front(1): | 35 feet from Town roads; 50 feet from county and state highways |
Side: | 15 feet |
Rear: | 30 feet (principal uses) 5 feet (accessory uses) |
Lot width: | 125 feet |
Road frontage: | 125 feet |
Minimum lot size: | 25,000 square feet |
Building height: | 35 feet (except agricultural storage facilities and airport structures) |
Maximum building coverage: | 30% |
Minimum green space: | 20% |
(1) | Note: Front setbacks are to be measured from the right-of-way. If measured from the center of the roadway, add 50 feet for state highways, 40 feet for county highways, and 30 feet for Town roads. |
F.
Other provisions and requirements.
(1)
Buffer strip. Commercial structures shall provide a natural buffer strip to be perpetually maintained so as to provide visual screening and separation between commercial and residential uses.
(2)
Refuse containers. Commercial refuse containers shall be placed on concrete slabs and visually screened, while providing rodent control.
§ 240-29 Agricultural/Residential District (AR).
A.
Purpose. The purpose of the Agricultural/Residential (AR) District is to protect agricultural lands and uses from incompatible uses and development; to maintain an open rural character of the community; to assure compatible types and densities of development; to provide for low-density, rural development; and to protect the natural environment.
B.
Permitted uses.
(1)
Agriculture.
(2)
One- and two-family dwellings subject to the requirements of § 240-48.
(3)
Farm produce stands.
(4)
Public park or recreation area.
(5)
Pond, aesthetic.
(6)
Tier 1 and Tier 2 solar energy systems, subject to site plan review and in compliance with Chapter 183, Solar Energy Systems.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C.
Permitted accessory uses.
(1)
Enumeration of uses.
(a)
Home occupations.
(b)
Family home day care.
(c)
Signs, as regulated in § 240-41.
(d)
Private garages; off-street parking and loading areas.
(e)
Private recreational facility (swimming pool, tennis court, etc.).
(f)
Farm produce stands.
(g)
Sawmills.
(h)
Other uses and structures customarily incidental to permitted principal uses.
(2)
Accessory uses shall not be used on a commercial basis except home occupations, approved home businesses and other conditional uses, and agricultural services.
(3)
Permitted accessory structures may be erected and/or maintained in the rear corner of the yard at least 20 feet from the rear and side lines of the lot.
D.
Conditional uses requiring a special permit issued by the Planning Board (subject to special permit regulations, Article VII).
(1)
Agricultural processing or distribution facility.
(2)
Animal hospital.
(3)
Farm market.
(4)
Farm worker housing.
[Amended 7-11-2024 by L.L. No. 7-2024]
(5)
Bed-and-breakfast inn.
(6)
Home business (Class A or B)
(7)
Private airport.
(8)
Campground.
(9)
Excavation and mining.
(10)
Kennel.
(11)
Essential services and utilities.
(12)
Junkyards, subject to a license from the Town Board, and subject to the following dimensional requirements:
(a)
Minimum lot size: 15 acres.
(b)
Minimum lot width: 600 feet.
(c)
Minimum front setback: 100 feet.
(d)
Minimum side and rear setbacks: 100 feet.
(13)
Public and semi-public uses.
(14)
Outdoor commercial recreation facilities.
(15)
Riding stable.
(16)
Ponds, farm.
(17)
Conference/resort complex.
(18)
Manufactured home parks.
(19)
Telecommunications facility.
(20)
Restaurants and taverns.
E.
Specifications.
Minimum setback requirements: | |
|---|---|
Front:(1) | 75 feet from Town roads 75 feet from county and state highways |
Side: | 30 feet (principal buildings). 30 feet (accessory buildings) |
Rear: | 30 feet (principal and accessory buildings) |
Lot width: | 150 feet |
Road frontage: | 150 feet |
Minimum lot size: | 30,000 square feet, or larger size if necessary to meet Health Department specifications for adequate sewage/septic tank disposal |
Building height: | 35 feet (except agricultural storage facilities and airport structures). |
Maximum building coverage: | 30% |
Minimum green space: | 25% |
(1) | Note: Front setbacks are to be measured from the right-of-way. If measured from the center of the roadway, add 50 feet for state highways, 40 feet for county highways, and 30 feet for Town roads. |
§ 240-30 Rural Residential District (RR).
A.
Purpose. The purpose of the R-R Rural Residential District is to provide a stable environment for rural residential development, free from incompatible uses. Uses in this district are either served by public water and/or sewer or are areas with densities high enough to support such facilities if growth is likely or encouraged.
B.
Permitted uses.
(1)
Agriculture, except that farm animals shall comply with the regulations in § 240-62.
(2)
One- and two-family dwellings, subject to the requirements of § 240-48.
(3)
Public park or recreation area.
(4)
Pond, aesthetic.
(5)
Tier 1 and Tier 2 solar energy systems, subject to site plan review and in compliance with Chapter 183, Solar Energy Systems.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C.
Permitted accessory uses.
(1)
Enumeration of uses.
(a)
Home occupations.
(b)
Family home day care.
(c)
Farm produce stands, in connection with a principal farm use on the same lot.
(d)
Signs, as regulated in § 240-41.
(e)
Private garages; off-street parking and loading areas.
(f)
Private recreational facility (swimming pool, tennis court, etc.)
(g)
Other uses and structures customarily incidental to permitted principal uses.
(h)
The keeping, breeding, and raising of farm animals in association with a residential use, subject to the provisions of § 240-62.
(2)
Permitted accessory structures may be erected and/or maintained in the rear corner of the yard at least 10 feet from the rear and side lines of the lot.
(3)
Accessory uses shall not be used on a commercial basis except home occupations, approved home businesses and other conditional uses.
D.
Conditional uses requiring a special permit issued by the Planning Board (subject to special use regulations, Article VII).
(1)
Home business (Class A).
(2)
Multiple-family dwellings.
(3)
Essential services and utilities.
(4)
Bed-and-breakfast.
(5)
Public and semi-public buildings and grounds.
(6)
Outdoor commercial recreation facilities.
(7)
Ponds, farm.
(8)
Manufactured home parks.
(9)
Telecommunications facility.
E.
Specifications.
Minimum Setback Requirements: | |
|---|---|
Front:(1) | 75 feet from Town roads 75 feet from county and state highways |
Side: | 30 feet (principal and accessory buildings) |
Rear: | 30 feet (principal and accessory buildings) |
Lot width: | 150 feet |
Road frontage: | 150 feet |
Minimum lot size: | 30,000 square feet or larger size if necessary to meet with Health Department specifications for adequate sewage/septic tank disposal |
Building height: | 35 feet (except agricultural storage facilities and airport structures) |
Maximum building coverage: | 30% |
Minimum green space: | 25% |
(1) | Note: Front setbacks are to be measured from the right-of-way. If measured from the center of the roadway, add 50 feet for state highways, 40 feet for county highways, and 30 feet for Town roads. |
§ 240-31 General Business District (GB).
A.
Purpose. The purpose of the General Business District is to provide for business establishments serving the needs of area residents, especially retail and service businesses. Permitted uses are intended to create a business districts free from conflicting land uses.
B.
Permitted uses.
(1)
Single-family dwellings, subject to the requirements of § 240-48.
(2)
Two-family dwellings.
(3)
Agriculture, except that farm animals shall comply with the regulations in § 240-62.
(4)
Retail, service and general business, including farm markets and roadside stands.
(5)
Professional offices.
(6)
Restaurants and taverns.
(7)
Custom shops, including but not limited to printing, electrical, heating, plumbing, or woodworking.
(8)
Assembling, converting, altering, finishing, cleaning, or any other processing of products, provided that:
(a)
Goods so produced or processed are to be sold at retail on the premises;
(b)
Space used for such purposes shall not occupy more than 20% of the area devoted to retail sales, shall be clearly incidental to such retail use and shall be fully concealed from any street;
(c)
Not more than two persons shall be engaged in such production/processing at any one time.
(9)
Hotels and motels.
(10)
Newspaper printing.
(11)
Commercial storage.
(12)
Indoor commercial recreation facilities.
(13)
Funeral homes.
(14)
Other business uses that, in the opinion of the Zoning Board of Appeals, are similar in nature and scale to those permitted above.
(15)
Tier 1 and Tier 2 solar energy systems, subject to site plan review and in compliance with Chapter 183, Solar Energy Systems.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C.
Permitted accessory uses.
(1)
Private garage space for the storage of commercial vehicles used in conjunction with a permitted business use.
(2)
Off-street parking, loading and unloading facilities subject to the provisions of §§ 240-42 and 240-43 of this chapter.
(3)
Signs, subject to the provisions of § 240-41 of this chapter.
(4)
Other uses and structures that are customarily incidental to and that are subordinate in size and extent to permitted uses and structures.
(5)
Other uses that, in the opinion of the Zoning Board of Appeals, are similar in nature and scale to those permitted above.
D.
Uses requiring a special permit issued by the Planning Board (subject to special permit use regulations, Article VII).
(1)
Motor vehicle repair.
(2)
Motor vehicle sales/rental.
(3)
Gasoline station.
(4)
Outdoor commercial recreation facilities.
(5)
Riding stable.
(6)
Agricultural distribution and processing facilities.
(7)
Home business.
(8)
Bed-and-breakfast inn.
(9)
Essential services and public utilities.
(10)
Multiple-family dwelling.
(11)
Public and semi-public buildings and grounds.
(12)
Drive-in business.
(13)
Telecommunication facility.
(14)
Veterinarian/animal hospital, with indoor facilities only.
E.
Other provisions and requirements.
(1)
Buffer strip.
(a)
Commercial uses shall provide a natural buffer strip to be perpetually maintained so as to provide visual screening and separation between commercial and residential uses.
(b)
A solid or woven fence, min. eight feet to max 10 feet, may be used to shield the residential area. If a living barrier is used, a six-foot strip is required per row of plantings.
(2)
Refuse containers. Commercial structures shall provide a commercial-type refuse container on site. Such containers shall be placed on concrete or stone areas and visually screened, and shall provide rodent control.
(3)
Residential lot line. No commercial structure shall be permitted within 50 feet of the nearest lot line of any residential district.
F.
Specifications.
Setback Requirements | |
|---|---|
Front(1): | 75 feet from Town roads 75 feet from county and state highways |
Side: | 30 feet (principal and accessory structures) |
Rear: | 50 feet (principal and accessory structures) |
Lot width: | 150 feet |
Road frontage: | 150 feet |
Minimum lot size: | 30,000 square feet, or larger size if necessary to meet with Health Department specifications for adequate sewage/septic tank disposal |
Building height: | 35 feet (except agricultural storage facilities). |
Maximum building coverage: | 30% |
Minimum green space: | 25% |
(1) | Note: Front setbacks are to be measured from the right-of-way. If measured from the center of the roadway, add 50 feet for state highways, 40 feet for county highways, and 30 feet for Town roads. |
§ 240-32 Light Industrial District (LI).
A.
Purpose. The purpose of the Light Industrial District is to provide for manufacturing, assembly, storage facilities, and other compatible business uses, and to ensure that these uses will not be detrimental or hazardous to the surrounding community.
B.
Permitted uses.
(1)
Any light industrial or agri-industrial nature is permitted which involves only the processing, assembly, or packaging of previously prepared or refined materials, provided that at no time will such use result in or cause:
(a)
Dust, smoke, smog, observable gas, fumes or odors, or other atmospheric pollution, objectionable noise, glare or vibration shall not be discernible beyond the property lines of the industry.
(b)
Hazard of fire or explosion or other physical hazard to any adjacent building or to any plant growth on any land adjacent to the site of the uses.
(2)
The following uses are indicative of those that are intended to be permitted:
(a)
Agriculture.
(b)
Scientific or research laboratories devoted to research, design and/or experimentation and processing and fabrication incidental thereto.
(c)
Administrative, educational and other related activities and facilities in conjunction with a permitted use.
(d)
Manufacture or assembly of electric, electronic or optical instruments or devices.
(e)
Light manufacturing, assembling, fabricating or packaging of products from previously prepared materials such as cloth, plastic, paper, leather, precious or semiprecious metals, wood, metal, or stone.
(f)
Agricultural product processing, including manufacturing of food products, pharmaceuticals, cosmetics and the like.
(g)
Precision machining, tool and die work.
(h)
The warehousing or storage of goods and products such as building materials, farm supplies and the like, which may be sold from the premises to the general public. The bulk storage of fuel or petroleum products, nuclear or radioactive products, toxic waste chemicals is specifically excluded from the intent of the above.
(i)
Newspaper printing.
(j)
Essential services and public utilities.
(k)
Custom shops, including but not limited to printing, electrical, heating, plumbing, or woodworking.
(l)
Self-service storage facility.
(m)
Motor vehicle repair shop.
(n)
Other uses that, in the opinion of the Zoning Board of Appeals, are similar in nature and scale to those permitted above.
(o)
Pond, aesthetic.
(3)
Tier 1 and Tier 2 solar energy systems, subject to site plan review and in compliance with Chapter 183, Solar Energy Systems.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C.
Permitted accessory uses.
(1)
Signs shall be permitted for advertising industrial activities on the premises. Such signs shall not exceed, in aggregate, 15% of the area of the front facade of the building. Such signs may be illuminated but shall not be of the flashing type. Signs shall be otherwise subject to the provisions of Article VI, § 240-41, Signs, of this chapter.
(2)
Private garages and storage buildings which are necessary to store any vehicles, equipment or materials on the premises and which are used in conjunction with a permitted use.
(3)
Off-street parking space subject to the provisions of Article VI, § 240-42 of this chapter.
(4)
Off-street loading and unloading facilities, subject to the provisions of § 240-43 of this chapter.
(5)
Other accessory uses that, in the opinion of the Zoning Board of Appeals, are incidental to and subordinate in scale and extent to a permitted use.
D.
Uses requiring a special permit issued by the Planning Board (subject to special permit use regulations, Article VII).
(1)
Telecommunications facility.
(2)
Ponds, farm.
E.
Provisions and requirements.
(1)
Residential uses shall be prohibited except for a caretaker's residence on-site.
(2)
All manufacturing, assembly, research, engineering, administration, storage and all other non-agricultural-related activities shall be conducted wholly within enclosed buildings. Incidental storage out of doors may be permitted, provided that such materials are shielded from view from public streets and adjacent off-street parking areas by fencing, landscaping or other appropriate measures.
(3)
The architectural treatment and general appearance of all buildings and grounds shall be in keeping with the purpose of this district and shall be of such quality and design as to be a visual asset to the area in which they are located as well as to adjacent development.
(4)
All uses permitted shall set aside not less than 10% of the lot area to be devoted to seeding, planting, retention of tree cover, or other landscaping. This area shall not be used for any other industrial, storage, or commercial purposes.
(5)
Each use shall provide truck loading and unloading areas in an amount sufficient to permit the transfer of goods and products in other than a public street, off-street parking area or front yard.
(6)
Parking or loading areas may be located in any of the required yard areas provided they are not less than 50 feet from a right-of-way line or 20 feet from a property line. Off-street loading facilities shall be subject to the additional provisions of § 240-43 of this chapter. Off-street parking space shall be subject to the provisions of § 240-42 of this chapter.
(7)
Industrial structures and outdoor storage areas shall be located a minimum of 75 feet from any nonindustrial district. A natural buffer strip shall be placed and maintained so as to provide visual screening and separation between industrial and nonindustrial uses.
(8)
Refuse containers shall be placed on concrete slabs and visually screened, while providing rodent control.
F.
Specifications.
Setback Requirements: | |
|---|---|
Front(1): | 75 feet (measured from right-of-way line). |
Side: | 50 feet |
Rear: | 50 feet |
Height: | 35 feet |
Lot width: | 150 feet |
Minimum lot size: | 1 acre |
Maximum building coverage: | 30% |
Minimum green space: | 25% |
(1) | Note: Front setbacks are to be measured from the right-of-way. If measured from the center of the roadway, add 50 feet for state highways, 40 feet for county highways, and 30 feet for Town roads. |
§ 240-33 Industrial (I) District.
A.
Purpose. To accommodate a variety of industrial uses that may not be permitted in the LI District.
B.
Permitted uses.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(1)
All uses that are permitted in the LI District.
(2)
Tier 1 and Tier 2 solar energy systems, subject to site plan review and in compliance with Chapter 183, Solar Energy Systems.
C.
Permitted accessory uses. Accessory uses shall be permitted as described in § 240-32C (accessory uses in the LI District).
D.
Uses requiring a special permit issued by the Planning Board (subject to special permit use regulations, Article VII).
(1)
Heavy industry as defined in Article II, § 240-14 herein.
(2)
Telecommunications facility.
(3)
Ponds, farm.
(4)
Tier 3 solar energy systems, subject to Chapter 183, Solar Energy Systems, and specifically the special use permit requirements of §§ 183-8 and 183-10A.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(5)
Sales of motor vehicles, boats or manufactured homes
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
E.
Provisions and requirements.
(1)
Residential uses shall be prohibited except for a caretaker's residence on-site.
(2)
All uses permitted shall set aside not less than 10% of the lot area to be devoted to seeding, planting, retention of tree cover, or other landscaping. This area shall not be used for any other industrial, storage, or commercial purposes.
(3)
Each use shall provide truck loading and unloading areas in an amount sufficient to permit the transfer of goods and products in other than a public street, off-street parking area or front yard.
(4)
Parking or loading areas may be located in any of the required yard areas provided they are not less than 50 feet from a right-of-way line or 20 feet from a property line.
(5)
Off-street loading facilities shall be subject to the additional provisions of § 240-43 of this chapter.
(6)
Off-street parking space shall be subject to the provisions of § 240-42 of this chapter.
(7)
Industrial structures and outdoor storage areas shall be located a minimum of 75 feet from any nonindustrial district. A natural buffer strip shall be placed and maintained so as to provide visual screening and separation between industrial and nonindustrial uses.
(8)
Refuse containers shall be placed on concrete slabs and visually screened, while providing rodent control.
F.
Specifications.
Setback Requirements: | |
|---|---|
Front(1): | 75 feet |
Side: | 50 feet |
Rear: | 50 feet |
Height: | 35 feet |
Lot width: | 150 feet |
Minimum lot size: | 1 acre |
Maximum building coverage: | 35% |
Minimum green space: | 25% |
(1) | Note: Front setbacks are to be measured from the right-of-way. If measured from the center of the roadway, add 50 feet for state highways, 40 feet for county highways, and 30 feet for Town roads. |
§ 240-34 Flood Hazard Overlay (F).
A.
The Flood Hazard District is established to conform with the "Flood Insurance Rate Map" and Flood Boundary-Floodway Map prepared by the Federal Emergency Management Agency (FEMA).
B.
Such areas shall be subject to the provisions of Chapter 139, Flood Damage Prevention, in addition to the use regulations and other provisions of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C.
The provisions of such local law shall take precedence over any other zoning article, or to the extent that the provisions of this zone are inconsistent with such other provisions.
§ 240-35 Historic District or Landmark (HD).
The purpose of the Historic District or Landmark is to preserve certain areas or sites of historical or cultural significance in the Town of Yates. Development in these areas should be consistent with the architectural, cultural, or historic character of the area.
A.
Applicability. Any lot or parcel designated as a Historic District or Landmark as herein after provided shall be subject to the provisions and requirements of this section in addition to those of the zone in which the lot or parcel is located. If there shall be any conflict or inconsistency between such provisions and requirements, the provisions and requirements of this section shall take precedence and prevail.
B.
Designation procedure. The Planning Board may designate any lot or parcel as a Historic District or Landmark only after a public hearing held on at least 10 days' notice, published in the official newspaper of the Town and served by personal delivery or certified mail upon the owner of such lot or parcel as shown on the last completed assessment roll of the Town; and only after receiving evidence at such hearing and finding that such lot or parcel has historic significance 1) because of the historic importance of the present or former owner, or 2) because of historic events or happenings that occurred upon the latter parcel, or 3) because of the unusual or classic nature of the architecture or construction of a building or another structure thereon. The Planning Board must make a written designation specifying the finding or findings or grounds upon which it relied in making its designation.
C.
Other provisions and requirements.
(1)
All building permits, including residential exterior alteration resulting in an essential change in the building, shall require site plan approval.
(2)
All demolition or substantial exterior alteration resulting in an essential change in the building shall require site plan approval.
(3)
The Town Planning Board site plan review must demonstrate the following additional requirements in its findings:
(a)
The building or use is consistent with the architecture and historic significance of the area.
(b)
The building or use does not encroach, diminish or otherwise lessen the significance of other structures or uses within the area.
(c)
For demolition permits, evidence of overwhelming construction or structural problems must be shown to preclude any reasonable effort at rehabilitation, restoration, or preservation. Evidence must be in the form of a written contractor's estimate.
(4)
The Planning Board may consult historic experts to aid in demonstrating the requirements of Subsection C, above.
§ 240-36 Waterfront Residential (WR).
A.
Purpose. The purpose of the WR Waterfront Residential District is to recognize the Lake Ontario Shoreline and its tributaries, as a unique resource and to control future growth in a manner which respects the environmental limitations of the waterfront and affords maximum public enjoyment of the area.
B.
Permitted uses.
(1)
One- and two-family dwellings, subject to the requirements of § 240-48.
(2)
Pond, aesthetic.
(3)
Tier 1 and Tier 2 solar energy systems, subject to site plan review and in compliance with Chapter 183, Solar Energy Systems.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C.
Permitted accessory uses. Uses and structures customarily incidental to permitted uses and structures. Accessory uses are not to be used on a commercial basis except for home occupations.
D.
Conditional uses requiring a special permit issued by the Planning Board (subject to special permit use regulations, Article VII).
(1)
Multiple-family dwellings.
(2)
Essential services and utilities, including flood- and erosion-protection structures.
(3)
Bed-and-breakfast inn.
(4)
Ponds, farm.
E.
Specifications.
Minimum Setback Requirements: | |
|---|---|
Lakeshore Property | |
Setback from mean high water mark | Principal structures: 75 feet; accessory structures: 20 feet |
Setback from private lane1: | 20 feet (principal and accessory) |
Nonlakeshore Property (Lake View Property) | |
Front (roadside) (1): | 35 feet from private lane 35 feet from Town roads 75 feet from state or county roads |
Rear: | 20 feet (principal and accessory structures) |
All Properties | |
Side: | 15 feet (principal and accessory structures) |
Lot width: | 100 feet |
Road frontage: | 100 feet |
Minimum lot size: | 30,000 square feet, or larger size if necessary to meet Health Department specifications for adequate sewage/septic tank disposal |
Building height: | 35 Feet (except agricultural storage facilities) |
Maximum building coverage: | 30% |
Minimum green space: | 25% |
(1) | Note: Front or roadside setbacks are to be measured from the right-of-way. If measured from the center of the roadway, add 50 feet for state highways, 40 feet for county highways, and 30 feet for Town roads. |
F.
Other provisions and requirements.
(1)
Site plans for development in this district shall be designed to preserve scenic qualities of the shoreline and vistas.
(2)
The use of common easements and cluster development area encouraged to maximize public access to and enjoyment of the lakeshore.
(3)
Roadways shall be planned to provide the most effective access to individual parcels and lots and the land area devoted to roadways should utilize the minimum land area required to provide such access.
(4)
No new roadways or an extension of an existing roadway shall be permitted within 300 feet of Lake Ontario shoreline.
§ 240-37 Waterfront Development (WD).
A.
Purpose. The purpose of the Waterfront Development Zone is to promote that particular mix of residential and commercial uses which make up a waterfront recreational area, recognizing that certain business are desirable to service the seasonal recreational needs of both residents and tourists.
B.
Permitted uses.
(1)
Uses which depend on proximity, access and/or utilization of the water, including but not limited to the following:
(a)
Marinas, boat launch, and docks.
(b)
Marine service, repair, rental and accessories.
(c)
Fishing and tackle equipment.
(d)
Public recreation and swimming.
(e)
Flood and erosion protection structures.
(f)
Charter boat services.
(2)
Pond, aesthetic.
(3)
Uses which are enhanced by a waterfront location and proximity to water-dependent uses including, but not limited to, the following:
(a)
One- and two-family dwellings, subject to the requirements of § 240-48.
(b)
Tourist facilities (restrooms, snack bars, information areas, public, cultural and recreation facilities, places of public assembly, and self-service laundries).
(c)
Restaurants and eating establishments.
(d)
Retail and service facilities and professional offices that are complimentary to the above uses, provided that no manufacturing or processing shall take place anywhere on the premises.
(e)
Mixed uses and facilities that are consistent with the above uses, and which are approved by the Planning Board as being consistent with the adopted Local Waterfront Development Policy.
(4)
Tier 1 and Tier 2 solar energy systems, subject to site plan review and in compliance with Chapter 183, Solar Energy Systems.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C.
Permitted accessory uses.
(1)
Uses and structures customarily incidental to permitted uses and structures. Accessory uses are not to be used on a commercial basis except for home occupations.
(2)
Permitted accessory structures may be erected an/or maintained in the rear yard at least 10 feet from the rear and side lines of the lot.
D.
Conditional uses requiring a special permit issued by the Planning Board (subject to special permit use regulations, Article VII).
(1)
Campgrounds.
(2)
Essential services and utilities.
(3)
Multiple-family dwellings.
(4)
Bed-and-breakfast.
(5)
Home business.
(6)
Public and semipublic buildings and grounds, including golf courses and country clubs, excluding clubs whose activities include the maintenance, storage or takeoffs or landings of aircraft.
(7)
Motels and hotels.
(8)
Ponds, farm.
(9)
Any other use which in the opinion of the Zoning Board of Appeals is similar in nature and effect to the conditional uses prescribed in this section.
E.
Specifications.
Minimum Setback Requirements: | |
|---|---|
Lakeshore Property | |
Setback from mean high water mark | Principal structures: 75 feet Accessory structures: 20 feet |
Setback from road(1): | 50 feet from town or county roads 75 feet from state highways |
Nonlakeshore Property (Lake View Property) | |
Front (roadside)(1): | 50 feet from Town or county roads 75 feet from state highways |
Rear: | 20 feet (principal and structures) |
All properties | |
Side: | 15 feet (principal and accessory structures). |
Lot width: | 100 feet |
Road frontage: | 100 feet |
Minimum lot size: | 30,000 square feet, or larger size if necessary to meet Health Department specifications for adequate sewage/septic tank disposal |
Building height: | 35 feet (except agricultural storage facilities) |
Maximum building coverage: | 30% |
Minimum "green space": | 25% |
(1) | Note: Front or roadside setbacks are to be measured from the right-of-way. If measured from the center of the roadway, add 50 feet for state highways, 40 feet for county highways, and 30 feet for Town roads. |
(1)
All other uses shall have no yard, area or height restrictions except as may be imposed by the Planning Board in accordance with approved plans and programs for the Local Waterfront Development Policy and as are approved through special permit and site development review procedures.
(2)
Permitted accessory structures may be erected and/or maintained in the rear yard at least 10 feet from the rear and side lines of the lot.
F.
Other provisions and requirements.
(1)
Site plans.
(a)
All applications for development within a WD District must be accompanied by a coastal assessment form and a site plan indicating, in addition to the requirements of Article X, Site Plan Review, that development will not create erosion or flooding or damage and reduction of the aesthetic quality of the waterfront, and will preserve the scenic qualities and vista of the shorelines within the adopted LWDP area. The application to establish a use or reuse in a WD District shall be accompanied with three copies of the site plan, building or buildings, entrances and exits, parking, landscaping, signs and adjacent uses and a completed coastal assessment form evaluating the plan's consistency with the Local Waterfront Development Policy. The site plan, as approved and/or modified by conditions, shall become part of the record.
(b)
Site plans for development in this district shall be designed to preserve the scenic qualities of the shoreline and vistas.
(2)
Cluster development. The use of common easements and cluster development shall be encouraged to maximize public access to, and enjoyment of, the shoreline.
(3)
Access.
(a)
Roadways shall be planned to provide the most effective access to individual parcels and lots and the land area devoted to roadways should utilize the minimum land area required to provide such access.
(b)
No application for development of the waterfront or adjacent areas shall limit access to the water or to publicly controlled lands along the waterfront.
(4)
Buffer strip. Commercial structures shall provide a natural buffer strip to be perpetually maintained so as to provide visual screening and separation between commercial and residential uses.
(5)
Refuse containers. Commercial refuse containers shall be placed on concrete slabs and visually screened, while providing rodent control.
(6)
Residential lot line. No commercial structure shall be permitted within 50 feet of the nearest lot line of any residence or residential district.
§ 240-38 Adult business overlay district.
The provisions of Chapter 78, Adult Businesses, apply.
§ 240-39 PDD - Planned Industrial/Commercial Development District.
A.
Purpose. The PD - Planned Industrial/Commercial Development District has been designed to encourage commercial and industrial development that conforms to a coordinated site development plan for a relatively large area. Such development should represent the most efficient and productive use of the land area so zoned. Individual uses permitted in this zone shall be designed and constructed so as not to preclude further industrial or commercial development within the PD Zoning District.
B.
Objectives.
(1)
The proposed industrial and/or commercial development shall be in harmony with the general purpose, goals and objectives of the Comprehensive Plan and this chapter.
(2)
The proposed development shall comply with all applicable regulations of this chapter except as modified by the authority of this section.
(3)
The proposed development shall not have a substantial adverse effect upon adjacent properties, utility facilities, traffic conditions and other matters that would affect the public health, safety and general welfare.
(4)
The proposed development shall be constructed, arranged and operated so as to not interfere with the development and use of neighboring properties.
(5)
The proposed development shall be adequately served by essential public facilities and services, such as but not limited to sanitary sewers, public water supply, stormwater drainage facilities and highway capacity.
(6)
The proposed development shall make appropriate provisions for the preservation of trees, streams, wetlands, natural topography and geological features and the prevention of soil erosion.
C.
General requirements.
(1)
All industrial and commercial uses permitted in the Industrial (I) and General Business (GB) Zoning Districts are permitted in this district, except for residential uses.
(2)
Accessory uses permitted in the commercial and Industrial District are permitted as accessory uses in the PD District.
(3)
The minimum area required for a Planned Development shall be 40 contiguous acres of land. However, if an applicant can demonstrate that the characteristics of the property proposed for such use can meet the objectives of this section, projects with less acreage will be considered.
(4)
Where an applicant proposes the use of a portion of the site as common property, satisfactory arrangements shall be made for the improvement, operation and maintenance of such common property and facilities. For the purpose of this section, the term "common property" shall be defined as a parcel of land, together with improvements thereon, the use and enjoyment of which is shared by the owners and occupants of the planned development.
(5)
Individual buildings within a planned development shall be related to each other in design, mass, materials, placement and connections to provide a visually and physically integrated development.
(6)
Utility lines providing electric, telephone, television or other services shall be installed underground.
D.
Application procedures. Approval of a planned development shall be made by the Town Board, following review and recommendation from the Planning Board.
(1)
Planning Board review. The applicant shall meet with the Planning Board to describe the intent of the proposed development, to discuss design and development objectives and to submit a concept plan which depicts the manner in which the proposed project is to be developed. At this meeting, the applicant shall describe how the proposed development would be integrated with neighboring land uses, community features and public facilities and services. The concept plan shall be to scale and shall include the following information:
(a)
The principal physical characteristics of the site, including an analysis of the soils and subsoils and the location of major stands of trees, streams, floodplains and rock outcropping.
(b)
The topography of the site with contour intervals of not more than five feet of elevation; areas of the site where grades exceed 3%; portions of the site with a moderate to high susceptibility to erosion, flooding or ponding; and, a preliminary grading plan with five-foot contour intervals.
(c)
An analysis of the relationship of the site to the surrounding community, including significant parcels of vacant land and the character of nearby built-up areas.
(d)
A conceptual site development plan which presents: a proposed lotting pattern, including the number and general sizing of individual lots; estimates of vehicular traffic volumes to be generated; a suggested internal street system, suggested sidewalks and circulation flows; a description of how the site will be tied to the existing street and pedestrian network; estimated demands for water and sewer services; a suggested layout of water, sanitary sewer and storm sewer facilities with proposed points of interconnection to existing systems; and, the proposed stormwater drainage system and its relation to existing systems.
(e)
A generalized description of how the site is to be buffered from adjacent areas. This shall include the retention of existing trees as well as new plantings to accomplish this objective.
(f)
A description of the manner in which areas that are not proposed to become publicly owned are to be maintained, including but not limited to open space, streets and lighting.
(g)
If the development is expected to be phased, a general description of the phasing plan, including the anticipated time frames for development.
(h)
A description of any covenants, grants of easements or other restrictions proposed to be imposed upon the use of the land, buildings or structures, including proposed easements for public utilities.
(i)
A written statement by the applicant setting forth the reasons why, in his opinion, the proposed rezoning would be advantageous to and in the best interests of the Town of Yates.
(j)
An environmental assessment form (EAF) or a generic draft environmental impact statement (DEIS) to comply with the State Environmental Quality Review Act (SEQRA).
(k)
Any other information or documentation which the applicant deems necessary to support his application.
(2)
Planning Board report. Within 60 days of the receipt of a complete application, the Planning Board shall review the concept plan and supporting documents and provide a written report to the Town Board. The Planning Board shall hold a public hearing on the concept plan to assist it in the preparation of its report. If no report has been rendered within the sixty-day period, unless such time limit has been extended by formal action of the Planning Board, the applicant may proceed on the basis that the report is favorable. The Town Board shall be so informed on this matter.
(a)
A favorable report from the Planning Board shall be based on the following findings which shall be included as part of the report:
[1]
The proposal implements the goals and policies of the Comprehensive Plan of the Town of Yates.
[2]
The concept plan meets all of the requirements of this chapter.
[3]
The proposal is conceptually sound in that it meets a community need and conforms to accepted design standards for the proposed roadway system, land use configuration, open space and drainage systems.
[4]
Adequate services and utilities are available or proposed to be made available in order to properly serve the proposed development.
(b)
An unfavorable report shall state clearly the reasons therefor and, if appropriate, point out to the applicant the conditions under which a favorable report may be issued.
(3)
Town board consideration. Upon receipt of a report from the Planning Board, the Town Board shall consider the application for the Planned Development and may establish a date for and conduct a public hearing for the site plan as provided by Town Law.
(4)
Final site plan approval. In the approval of the site plan, the Town Board may establish a maximum aggregate gross floor area for all buildings in the district and may, if it feels it necessary in order to fully protect the public health, safety and welfare of the community, attach to its resolution additional requirements for the applicant to meet. Such requirements may include, but shall not be limited to visual and acoustical screening; the order of construction and/or occupancy; vehicular and pedestrian circulation systems; protection of natural resources; and, other physical or community needs.