TOWN OF
LOCAL LAW #3 OF 1997
Amended by
Local Law #3 of 1998
Local Law #5 of 1998
Local Law #1 of 2002
Local Law #1 of 2005
Local Law #3 of 2005
Local Law #4 of 2006
TABLE OF CONTENTS
Section 100 Enacting Clause................................................................................................1
Section 105 Short Title.........................................................................................................1
Section 110 Purpose and
Authority......................................................................................1
Section 115 Application of
this Local Law..........................................................................1
Section 120 Prior Local Laws
or Ordinances.......................................................................1
Section 305 Types of
Districts..............................................................................................3
Section 308 District Purposes................................................................................................3
Section
310 Adoption of Zoning Map...................................................................................3
Section 315 Interpretation of
District Boundaries.................................................................4
Section
405 Use Control Schedule........................................................................................14
Section 410 Area Regulation
Schedule.................................................................................15
Section 411 Hamlet Zone
Supplementary Regulations.........................................................16
Section 412 Rural Corridor
Zone Supplementary Regulations.............................................16
Section 415 Planned
Development Districts..........................................................................16
Section 420 Industrial
Districts..............................................................................................19
Section
505. Purpose...............................................................................................................19
Section
515. Special Use Permits............................................................................................20
Section
520. Application Requirements..................................................................................20
Section 525. Procedure............................................................................................................21
Section 528 General Criteria for all Special Use Permits........................................................23
Section 530 General Review
Criteria.......................................................................................23
Section 535 Specific Site
Plan Review Criteria.......................................................................26
Section 605 Fences, Walls,
and Shrubbery...............................................................................30
Section 610 Parking..................................................................................................................31
Section 612 Drive-in Uses........................................................................................................32
Section 615 Off-Street
Loading Requirements.........................................................................32
Section 620 Manufactured
homes.............................................................................................33
Section 630 Roads.....................................................................................................................34
Section
635 Signs......................................................................................................................34
Section
640 Fuel Storage Tanks................................................................................................36
Section 650 Commercial
Architectural Standards – H and RC Zones......................................36
Section 652 Commercial Use
Standards – H Zone....................................................................36
Section 654 Commercial Use
Standards RC Zone...................................................................36
Section 656 Large Scale
Commercial Development – Business and RC Zones......................37
Section 658 Large Scale Commercial
Development Standards – RC Zone.............................37
Section 670 Outdoor Storage....................................................................................................37
Section 680 Driveway
Regulations...........................................................................................37
Section 690 Maintenance of
Site Plan Criteria..........................................................................38
Section 692 Minor Wind Power Generating Facilities and
Section 705. Enforcement
Officer..............................................................................................38
Section 710. Zoning
Permits.......................................................................................................38
Section 715. Zoning Permit
Exceptions......................................................................................39
Section 720. Application
Process................................................................................................39
Section 725. Application Fee.......................................................................................................39
Section 730. Display of
Zoning Permit........................................................................................39
Section 735. Measurements..........................................................................................................39
Section
740. Expiration of Zoning Permit....................................................................................40
Section
745. Certificate of Compliance........................................................................................40
Section 750. Zoning Board
of Appeals.........................................................................................40
Section 755. Planning
Board.........................................................................................................41
Section 760. Violations..................................................................................................................41
Section 765. Penalties....................................................................................................................41
Section 770 Amendments..............................................................................................................42
Section 775 Nonconforming Use
and Structures...........................................................................42
Section 780 Interpretation
and Separability...................................................................................43
Section 785 Effective Date.............................................................................................................43
Section 820 Telecommunication
Facilities....................................................................................43
ARTICLE 1. INTRODUCTION
Section 100. Enacting Clause
Pursuant to the authority
conferred by Article 2 and 3 of Municipal Home Rule Law and Article 16 of Town
Law, the Town Board of the Town of
Section 105. Short Title
These regulations shall be
known and may be cited as "The Town of Champion Zoning Law".
Section 110. Purpose and Authority
The Town of
Section 115. Application of this Local Law.
A. No building, structure, or land shall hereafter be used or
occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or altered
unless used, occupied, erected, constructed, reconstructed, moved or altered in
conformity with all of the regulations herein specified for the district within
which said building, structure or land is located.
B. The
regulations of this local law shall not apply to buildings, structures, land or
the uses thereof, in existence prior to the
effective date of this local law. Any
physical alteration of existing buildings, structures or land, or any change in
the uses thereof occurring after the effective date of this local law shall be
subject to and may only be undertaken and continued to the extent said
building, structure, land or the use thereof is in conformity with all of the
regulations herein specified for the district within which said building,
structure, land or use is located.
Section 120. Prior Local Laws or Ordinances.
A. This
local law supersedes and REPEALS in its entirety Local Law #2 of 1984 the Town
of
B. Said
repeal shall not in any respect revive any local laws or ordinances enacted
prior to and dealing with the subject matter of the above enumerated and repealed
local laws and ordinances.
Construction of Words
When used in this law, words
in the present tense include the future and words of one gender include all
genders. The singular number includes
the plural and the plural includes the singular. The term "shall" is intended to be
mandatory. Whenever a word or term is
defined to "include" certain items or matters, such inclusion is
intended to be by way of specification and not of limitation. If interpretation or clarification of any
word used in this law is needed it shall be provided by the Zoning Board of
Appeals in accordance with such powers granted to them.
Adult Bookstore: A business, whether retail or
wholesale, having more than 10% of its net floor space set aside for, or 10% of
the value of, its stock in trade, recordings, books, magazines, periodicals,
films, video tapes/cassettes or other viewing materials for sale or viewing on
or off the premises, which are distinguished or characterized by their emphasis
on matter depicting, describing or relating to sexual activities or specified
anatomical areas.
Adult Motion Picture Theater: An enclosed or
unenclosed building, structure, or portion thereof used for presenting
materials distinguished or characterized by an emphasis on matter depicting,
describing, or relating to sexual activities or specified anatomical areas for
observation by patrons.
Adult Entertainment Uses: Any business,
including but not limited to those specifically enumerated in this law, which
has more than 10% of its net floor space set aside for, or 10% of the volume of
its stock in trade, devoted to the display, viewing or dissemination of
material distinguished or characterized by an emphasis on matter depicting,
describing, or related to sexual activity or specified anatomical
areas, including, but not limited to, any establishment that allows or promotes
dancers, performers, or employees, whether male or female, to display specified
anatomical areas. Such uses shall
include, but not be limited to, Adult Bookstores, Adult Motion Picture Theater,
Massage Establishments, or other similar uses.
Agri-Business Operation: A business that
supplies farms and agricultural operations with needed supplies, implements and
other products.
Agricultural Operation: The raising and
production for compensation of crops, livestock, poultry, dairy products, fish
or other wildlife, trees, maple syrup products, and other similar
pursuits. Tree growing and harvesting,
animal husbandry, horticultural operations, forestry operations, and the sale,
at wholesale or retail, of farm products upon the premises where the same are
grown or produced shall be considered agricultural operations.
Air Strip: A runway used for the landing and taking off
of aircraft. This use may include
hangers or maintenance sheds as accessory uses.
Alter/Alteration: To change or rearrange any
exterior structural part of the existing facilities of a building or structure,
by enlarging the building or structure, whether by extending any side or
increasing the height thereof, or to move the same from one location or
position to another. It shall not be
considered an alteration if there is not expansion of exterior dimensions. For instance: replacement of windows, doors,
siding, roofing, etc., as well as interior alterations shall not be considered
an alteration for the purposes of this law.
Alteration of Land Surface: The grading,
filling or excavation of land in connection with a site plan review use.
Animal Care Facility: A commercial
use which is primarily concerned with the care and/or breeding of animals. This is to include kennels and animal
hospitals.
Antenna: A system of electrical conductors that
transmit or receive radio frequency waves.
Such waves shall include but not be limited to radio navigation, radio,
television, Personal Communication Systems, cellular, paging, and microwave
communications.
Bed And Breakfast: A house, or portion, thereof,
where short-term lodging rooms are provided.
Meals may also be provided to guests only. The operator of the inn shall live in the
premises or in adjacent premises.
Building: Any structure having a roof supported by columns or by
walls which is used or occupied for the shelter, housing or enclosure of
animals, persons or property. The term, unless specified, includes both
principal and accessory buildings.
Building Height: The vertical distance measured
from the average elevation of the main grade to the highest point of the roof
of the building or structure.
Building Line: The line formed by the face of the
building/structure, or the attached part of the building/structure, nearest the
lot line. This shall include measurement
from such structures as uncovered porches, patios, terraces, open areaways, roof
overhangs, cornices, eaves and other similar protrusions.
Building Permit: Written permission issued by the
proper municipal authority, or its contractor, for the construction, repair,
alteration or addition to a structure.
Buffering: Open spaces, landscaped areas, fences, walls, berms,
or any combination thereof used to physically separate or screen one use or
property from another so as to visually shield or block noise, lights, or other
nuisances.
Business: Any person, firm, association, partnership,
corporation, or other entity for profit.
Camouflaging: The construction of facilities to house or support
telecommunication towers so that the towers blend readily with the landscape,
neighborhood and adjacent architectural features. Examples of camouflaging that could be used
are: silo and barn, windmill, and simulated tree.
Campground: Any lot or area used or occupied by one or more tents,
recreation trailers or vehicles which are used for part-time living or sleeping
purposes for economic gain. Generally
determined to be used by transients on vacation trips.
Certificate of Compliance: A document
issued by the proper municipal authority certifying that the structure or use
has been constructed or will be used in compliance with all the applicable
local laws.
Change of Use: Any use that substantially differs from the previous
use of a building or land. Uses covered under the same definition shall not be
considered a change of use.
Commercial Agricultural Feed
Commercial: An
activity characterized by the direct on-premise sale of goods and/or services
to the ultimate consumer.
Commercial, Large Scale: An activity characterized by the direct on-premise
sale of goods and/or services to the ultimate consumer, with a sales area or an
on-premise manufacturing, processing and servicing area of over 12,000 square
feet.
Commercial, Small: An activity characterized by the
direct on-premise sale of goods and/or services to the ultimate consumer, with
a sales area or an on-premise manufacturing, processing and servicing area of
not more than 2,000 square feet.
Commercial Storage Facilities: The storing or warehousing of property. To include but
not limited to self storage buildings and warehouses.
Community Facilities: A building,
structure or use operated for the benefit of the general well-being, health,
safety, welfare, and enjoyment of the public.
This shall include but not be limited to fire stations, libraries,
community owned buildings, schools, hospitals, nursing homes and religious
facilities.
Comprehensive Plan: The materials, written and/or
graphic, including but not limited to maps, charts, studies, resolutions,
reports and other descriptive material that identify the goals, objectives,
principles, guidelines, policies, standards, devices and instruments for the
immediate and long-range protection, enhancement, growth and development of the
town.
Construction Equipment and Supplies Storage Yard: A lot or
portion thereof, which is used for the outside storage of heavy construction
equipment and related building supplies, including, but not limited to, back
hoes, bulldozers, cranes, graders and dump trucks. The term shall not include the temporary
storage of such equipment at a construction site during the period of
construction.
Dissemination: The transfer or possession, custody, control, or
ownership of, or the exhibition or presentation of any performance to a
customer, member of the public, or business invitee of any material
distinguished or characterized by an emphasis on matter depicting, describing,
or relating to sexual activities or specified anatomical areas.
Drive-in Use: An establishment which by design, physical
facilities, service or by packaging procedures encourages or permits customers
to receive services, obtain goods, or be entertained while remaining in the
motor vehicles.
Dwelling Unit: A building or portion thereof, used or
occupied as living quarters for one family.
Dwelling, Single-Family: A detached
building, designated for or occupied exclusively by one family and containing
not more than one dwelling unit.
Dwelling, Two-Family: A detached
building where not more than two individual families live, or where two
dwelling units, with separate cooking, sanitary, living and sleeping
facilities, exist.
Dwelling, Multi-Family: A building or
portion thereof used or designed as a residence (including cooking, sanitary,
living or sleeping facilities) for each of the three or more families who
reside therein.
Easement: A grant of one or more of the property rights by the
owner to and/or for the use by the public, a corporation or another person or
entity.
Enforcement Officer: A person
appointed by the Town Board to carry out the regulations of this law.
Erect: To construct, build, re-erect, reconstruct,
rebuild or excavate for a building or structure.
Essential
Facilities: The operation or maintenance by municipal
agencies or public utilities of telephone dial equipment centers; electrical or
gas substations; water treatment, storage and transmission facilities; pumping
stations; and similar facilities. The
definition of essential services shall not include minor or major wind power
generating facilities.
Family: One or more persons living together as a
single housekeeping unit.
Fence: Same definition as wall.
Floating District: An unmapped zoning district
where all the zone requirements are contained in the law and the zone is fixed
on the map only when an application for development, meeting the zone
requirements, is approved.
Floor Area: The total horizontal area of all floors of a
building, excepting the basement and attic thereof, measured along the faces of
the interior walls.
Gross Density: The quotient of the total number of dwelling
units divided by the gross site area.
Gross Floor Area (GFA): The gross size
of the total floor area of the outside dimensions of a building. These dimensions shall include the length and
width of the facility.
Gross Leasable Area (GLA): The gross size
of the floor area of a commercial/retail facility which is leasable.
Gross Site Area: The total amount of contiguous
land in a project.
Home Occupation: Any accessory use of a service
character customarily conducted within a dwelling by the resident thereof which
is clearly secondary to the use of the dwelling for
living purposes and does not substantially change the character thereof or have
an exterior evidence of such use, other than an approved advertising sign, and
parking requirements associated therewith.
Hotel/Motel: A facility offering transient lodging
accommodations to the general public and that may provide additional services
such as restaurants, meeting rooms, entertainment and recreational facilities.
Impervious Surfaces: Surfaces which
do not absorb water. They consist of all
buildings, parking areas, driveways, roads, sidewalks, and any areas of
concrete or asphalt.
Industrial Uses: A facility which manufactures a
product for wholesale or retail use.
Inoperative Motor Vehicle: Any motor
vehicle which is unregistered and inoperative for a period of six successive
months or more.
Junk Vehicle: Any motor vehicle, whether automobile, bus,
trailer, truck, tractor, motor home, motorcycle motor bicycle, mini-bicycle, or
snowmobile, or any other device originally intended for travel on the public
highways which (1) is unlicensed, wrecked, stored, discarded or dismantled or
partly dismantled, which is not intended or in any condition for legal use upon
the public highway, and (2) is in such condition as to cost more to repair and
place in operating condition than its reasonable market value at that time
before such repair. With respect to any
motor vehicle not required to be licensed or motor vehicle not usually used on
public highways, the fact that such motor vehicle has remained unused for more
than six months and is not in condition to be removed under its own power shall
be presumptive evidence that such motor vehicle is a junk motor vehicle.
Junkyard: An area of land, with or without buildings, used for the storage outside of a completely enclosed
building, of used and discarded materials, including but not limited to waste
paper, rags, metal, building materials, house furnishing, machinery, vehicles
or parts thereof, including junk, with or without the dismantling, processing,
salvage, sale or other use of disposition of the same. The deposit or storage of two or more
inoperative motor vehicles, or the major parts of two or more such vehicles,
shall be deemed to make the lot a junkyard.
Kennel: See Animal Care Facility
Landscaping: Improvements to land, including but not
limited to, the contouring of land, planting of flowers, shrubs, or trees, the
use of decorative features, including sculptures, patterned walks, fountains
and ponds.
Large Product Retail: The sale or display of large consumer items outside of
a fully enclosed structure including, but not limited to, cars, trucks, boats,
recreational vehicles, trailers, home appliances, lumber yards and manufactured
homes.
Major Arterial: A road
characterized by high speeds and traffic volumes with restricted parking whose
function is to collect traffic from other roads and move it over greater
distances.
Manufactured Home: Manufactured housing built on a
chassis bearing a seal issued by the Federal Department of Housing and Urban
Development. A manufactured home shall
be construed to remain a manufactured home, subject to all regulations applying
thereto, whether or not wheels, axles, hitch, or other appurtenances of
mobility are removed and regardless of the nature of the foundation provided. A manufactured home shall not be construed to
be a travel trailer or other form of recreational vehicle.
Manufactured Home, Double-Wide: Manufactured
housing built on a chassis bearing a seal issued by the Federal Department of
Housing and Urban Development. A
double-wide manufactured home is manufactured in two or more sections off-site
and transported individually to the placement site and assembled there.
Manufactured Home, Single-Wide: Manufactured
housing built on a chassis bearing a seal issued by the Federal Department of
Housing and Urban Development and which is sixteen feet or less in width.
Manufactured Home Park: Any lot under
single ownership on which three or more manufactured homes are located
regardless of whether or not rent is charged for such lot accommodations.
Manufactured Housing: A building
designed for long-term residential use having the following characteristics:
(1) Constructed or produced in a factory for transportation to a site for
installation and use when connected to required utilities; (2) Either an
independent, individual building or a module for combination with other
elements to form a building on the site.
Marginal Access Road: A public or
private roadway that runs parallel to a major arterial with the express purpose
of providing low speed access to several abutting properties without entering
the arterial.
Massage: A method of treating the external parts of the human
body by rubbing, stroking, kneading, tapping, or vibrating with the hand or any
instrument.
Massage Establishment: Any
establishment having a fixed place of business where massages are
administered. This definition shall not
be construed to include a hospital, nursing home, medical clinic, or the office
of any health care practitioner duly licensed by the State of New York, nor
barber shops or beauty salons in which massages are administered only to the
scalp, the face, the neck, or the shoulders.
This definition shall not include a volunteer fire department, a
volunteer rescue squad, or a nonprofit organization operating a community
center, swimming pool, tennis court, or other educational, cultural,
recreational, or athletic facilities, and facilities for the welfare of the
residents of the area.
Massage Technician: Any individual who administers a
massage to another individual at a massage establishment. This definition shall not include any health
care practitioner duly licensed by the State of
Mining Operation Local: Any mining
operation that does not meet the New York State Department of Environmental
Conservation's definition of a mining operation.
Mining Operation, N.Y.S. Department of Environmental
Conservation Regulated: An area of land where more than one thousand
tons or seven hundred and fifty cubic yards, which ever is less, of minerals is
being excavated or proposed to be excavated from the earth within twelve
successive calendar months or an area of land adjacent to any body of water not
subject to the jurisdiction of Article 15 of the Environmental Conservation Law
or successor statue to the public lands law where more than one hundred cubic
yards of minerals is excavated or proposed to be excavated.
Modular Home: A housing unit which is manufactured in one or
more sections off-site, meeting the State Building Codes applicable to modular
housing, transported to the placement site and assembled there, and designed to
be permanently anchored to a foundation to become a fixed part of the real
estate.
Motel / Hotel: A facility offering transient lodging accommodations
to the general public and that may provide additional services such as
restaurants, meeting rooms, entertainment and recreational facilities.
Motor Vehicle Service Station: Any building,
land area or other premises, or portion thereof, used or intended to be used
for motor vehicle repair, rental, painting, washing and/or the retail
dispensing of vehicular fuels, lubricants, tires, batteries and similar
accessories.
Net Floor Area: That portion of the building
devoted to display, whether for viewing or dissemination, of a business's stock
in trade. This shall not include entry
areas, stockrooms, closets, storage areas, cash register areas, or any area
from which the public is excluded or restrooms whether public or private.
Nonconformity: A lot, building, structure, or use of land
legally and substantially existing prior to the enactment of this law which
does not conform to the regulations of the district in which it is situated.
Off-Street Parking Facilities: A space for
parking off the public roads and places in the town.
Open Storage: The
displaying, storing or depositing of goods outside of a fully enclosed
structure other than during the hours of operation of the commercial use.
Outdoor Storage: The keeping, in an unroofed area,
of materials associated with the principal commercial or industrial use permitted on the lot. Such storage shall conform to Section 670 of this Law.
Parcel: That amount of contiguous land falling under a
single tax map identification.
Permitted Uses: Any use permitted under the
provisions for the district in which the land, building or structure is
located.
Planned Development: An area which
is, or is proposed to be, developed according to a plan as a single entity and
containing one or more structures with appurtenant common areas. It may, or may not, contain a variety of
different land uses and is subject to the requirements of Article IV, Section 415 of this Zoning Law.
Planning Board: A five member board appointed by
the Town Board and authorized to review site plans, amendments, industrial
district and planned development district requests.
Principal Use: The main or principal purpose for which any
land, building or structure is used or occupied.
Professional Offices: One or more
office spaces for the use of delivering professional services. Occupants of these offices can include
doctors, dentists, lawyers, architects, engineers, real estate brokers or other
such professionals.
Public Utilities: A privately or publicly owned
structure or facility that serves the general public or some of the
public. Such facilities shall include,
but not be limited to, sewage treatment plants, landfills, water supply
facilities, power generating and distribution facility, radio transmitting
centers, etc.
Recreational Facility: A commercial
use established by a private concern for the purpose of providing
recreation. This shall include, but not
be limited to, theaters, skating rinks, video arcades, bowling alleys, rifle
ranges, tennis courts, ski slopes, boat launches, golf courses, swimming pools,
riding stables, and other similar uses.
Recreational Vehicles: (For Part-Time
Living Purposes) Shall include motor homes, truck campers and camping trailers
less than 48 feet in length and used for recreational purposes. This definition includes truck campers,
camping trailers, travel trailers, motor homes, "pop-up" trailers,
and similar vehicles.
Religious Facilities: Includes
church, temple, parish house, convent, seminary, and retreat house.
Residential Use: A use whose primary purpose is a
dwelling. Residential uses include single-family dwellings, two-family dwellings,
multi-family dwellings, modular home and
manufactured homes.
Restaurant: A commercial establishment where food and drink is
prepared, served, sold, and consumed by the public primarily on the premises.
Road: A thoroughfare for motor vehicles which affords the
primary means of access to private property.
Road Right-of-Way Line: The dividing
line between a lot and a road. Where
there is no established road right-of-way line, the road right-of-way line
shall be considered to be 25 feet from the center of the road.
Schools: Include parochial, private, public and nursery school;
college, university and accessory uses; and shall exclude commercially operated
school of beauty culture, business, dancing, driving, music and similar
establishments.
Setback: The distance between a lot line and a building line.
The term is used to refer to front, side or rear distances.
Sexual Activities: Any act of masturbation,
fellatio, sadomasochism, homosexuality, sexual intercourse, or physical contact
with a person's clothed or unclothed genitals, pubic area, buttocks, or, if
such person be female, breast.
Sign: Any kind of billboard, sign board, pennant, or other
shape or device or display, used as an advertisement, announcement, or
direction. Such a notice may be incorporated on to a building surface, free
standing or attached.
Site Plan Review: The process by which the
Planning Board reviews those uses stated in this
law that require site plan review. (see Section 405,
Use Control Schedule)
Slaughter House: A use established for the
purpose of processing animals for consumption.
Special Use Permit: A permit for special uses which must be approved by the planning board,
granting permission to the enforcement officer to issue a zoning permit.
Specified Anatomical Areas: Human male or
female genitals, pubic area or buttocks with less than a full opaque covering,
or female breast with less than a fully opaque covering of any portion thereof
below the top of the nipple or covered male genitals in a discernibly turgid
state.
Structure: Anything constructed or erected, the use of which
requires location on the ground or attachment to something having location on
the ground. The term includes dwelling
units, buildings, swimming pools, platforms, towers, billboards, satellite dish
antennae, signs, fences, and walls.
Telecommunication Facility: Towers and/or
antennas, accessory structures and any equipment used in conjunction with the
provision of cellular telephone service, personal communications services
(PCS), paging services, radio and television broadcast services and similar
broadcast services. A telecommunication
facility shall include mono-pole, guyed, latticework towers, and other similar
structures, as well as antennae, switching stations, principle and accessory
telecommunication equipment and supporting masts, wires, structures and
buildings. The following types of
telecommunications facilities are not subject to the provisions of this law:
1. Antennae
used solely for residential household reception.
2. Satellite
antennae measuring two meters or less in diameter and located in commercial
districts and satellite antennas one meter or less in diameter, regardless of
location.
3. Law
enforcement, fire control, E911 and medical emergency facilities.
Town Enforcement Officer: The enforcement
officer is the person appointed by the Town Board to carry out the regulations
of this law.
Trucking Terminal: A lot, building or structure
thereon used principally for the transient storage of registered and licensed
trucks, truck cabs, tractor trailers, vans or other motor vehicles used for
bulk transport and including any refueling, cleaning or repairs associated
therewith.
Use: The specific purpose of which any land, building or
structure is used, designed, arranged, intended, or occupied.
Variance, Area: The authorization by the zoning
board of appeals for the use of land in a manner which is not allowed by the
dimensional or physical requirements of this law.
Variance, Use: A relief from the allowed use requirements of
this law.
Wall: A structure of wood, stone or other materials or
combination thereof intended for defense, security, screening, partitioning, or
enclosure; or for the retention of earth, stone, fill or other materials as in
the case of retaining walls or bulkheads. A fence shall be considered a wall.
Wind Power Generating Facilities,
Minor: Wind generating facilities
which generate original power on site that are erected and used for private
use.
Wind Power Generating Facilities, Major: Wind
generating facilities which generate original power on site to be transferred
to a transmission system for distribution to customers. The definition of wind power generating
facilities shall not include minor wind power generating facilities.
Yard: Generally determined to mean that unoccupied
open space (from the ground upward) between the building line and the nearest
lot line or right of way line. A yard
may also be established by measuring the required yard distance away from the
building line. This approach shall be
utilized, for instance, when there is more than one principal structure
permitted on the lot.
Yard, Front: The yard between the front building line and
the front lot line and extending the full width of the lot. For the purpose of this law, the front yard
of waterfront property shall be the yard between the front building line and
the waterfront lot line.
Yard, Rear: The yard between the rear building line and
the rear lot line and extending the full width of the lot. For the purpose of this law, the rear yard of
waterfront property shall be the yard between the rear building line and the road
right of way line.
Yard, Side: An unoccupied space extending from the front
yard to the rear yard between the required side setback line and the nearest
side lot line.
Wholesale Trade:
Establishments or places of
business primarily engaged in selling merchandise to retailers; to industrial,
commercial, institutional, or professional business users, or to other
wholesalers; or acting as agents or brokers and buying merchandise for, or
selling merchandise to, such individuals or companies.
Zoning Board of Appeals: A
five member board appointed by the Town Board whose principal duties, in Town
Law Section 267, are to consider requests for variances from this zoning law.
Zoning Permit: A permit issued under this law allowing the
establishment of a new use or the construction, placement or alteration of a
building or structure.
ARTICLE 3.
ESTABLISHMENT OF DISTRICTS
Section 305. Types of Districts
For the purpose of promoting
the health, safety, and general welfare of the community, the Town of
AGRICULTURAL
ONE & TWO FAMILY
RESIDENTIAL DISTRICT R-1
MULTI-FAMILY RESIDENTIAL
DISTRICT R-2
INDUSTRIAL DISTRICT I (floating)
PLANNED DEVELOPMENT DISTRICT PD (floating)
HAMLET DISTRICT H
RURAL CORRIDOR DISTRICT RC
Section 308. District Purposes
AR
- Agricultural Resource: The purpose of this district is to promote agriculture
and other open space uses, as well as rural residence.
R-1
- Single & Two-Family Residential:
The purpose of this district is to promote and enhance single and
two-family dwellings, residential neighborhoods.
R-2
- Manufactured Housing: The purpose of
this district is to promote multi-family dwellings and allow for the placement
of single-wide mobile homes.
B –
Business: The purpose of this district
is to promote commercial establishments and enhance the business environment.
I –
Industrial: The purpose of this district
is to promote the industrial sector and economy of the Town.
PD
– Planned Development: The purpose of
this district is to provide for a mixed-use development project that is
consistent with the comprehensive plan for the community.
H –
Hamlet: The purpose of this district is
to encourage a walkable, mixed use human scale hamlet area.
RC - Rural Corridor: The purpose of this district is to create an
aesthetically pleasing, rural mixed-use travel corridor.
Section 310. Adoption of Zoning Map
A. The
boundaries of the above named districts are shown on a map entitled "Town
of
B. Any
changes in district boundaries shall be promptly made on the maps as directed
by the Town Board.
Section 315. Interpretation of District Boundaries
A. Where
uncertainty exists with respect to the exact boundaries of districts as shown
on the maps, the final decision as to where they lie will be made by the Town
Zoning Board of Appeals.
B. Whenever
a single lot is located within two or more different zoning districts, each
portion of that lot shall be subject to all the regulations applicable to the
district in which it is located.
C. District
boundary lines generally follow or parallel, at set distances, edges of road
rights-of-way, existing lot lines, and other man-made and natural
features. The Enforcement Officer shall
be given the authority to scale these districts from the map and relate them to
accurate ground points.
ARTICLE
4. DISTRICT REGULATIONS
Section
405. Use Control Schedule
Use
District
>
|
AR |
R-1 |
R-2 |
B |
I |
H |
|