A.
For the purposes of this chapter, the Town of Stillwater
is hereby divided into the following districts:
[Amended 5-7-2009 by L.L. No. 6-2009; 11-17-2011 by L.L. No.
5-2011; 5-17-2012 by L.L. No. 4-2012; 7-27-2017 by L.L. No. 2-2017]
|
B-1
|
Neighborhood Business District
| |
|
BP
|
Business Park District
| |
|
ID
|
Industrial District
| |
|
LDR
|
Low-Density Residential District
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R-R
|
Rural Residential District
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RRD
|
Residential Resort District
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R67
|
Route 67 Overlay District
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R67 West
|
Route 67 West Business District
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T2
|
T2 Rural Conservation
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T3N
|
T3 Neighborhood
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T3G
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T3 Gateway
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T4
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T4 Riverfront Corridor
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T5
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T5 Gateway
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C.
The locations of these districts are shown on the
map entitled "Town of Stillwater Zoning Map," adopted by the Stillwater
Town Board on August 3, 2017, and as may be subsequently amended.[2]
[Amended 7-27-2017 by L.L. No. 2-2017]
[2]
Editor's Note: A copy of the current Zoning
Map is on file in the Town offices.
D.
The purposes of the districts are as follows:
[Amended 5-7-2009 by L.L. No. 6-2009; 11-17-2011 by L.L.
No. 5-2011; 5-17-2012 by L.L. No. 4- 2012; 7-17-2014 by L.L. No.
2-2014; 7-27-2017 by L.L. No. 2-2017]
(1)
B-1 Neighborhood Business District. The purpose of
this district is to provide for commercial and business development
at a scale compatible with serving the needs of neighborhoods and
rural residential areas of the Town.
(2)
BP Business Park District. The purpose of this district
is to provide an area for planned office, light industrial and warehouse
development.
(3)
ID Industrial District. The purpose of this district
is to provide an area in which industrial uses may be located in an
environment designed for them. By locating in such an area, these
uses are protected from conflicts with neighboring uses. Residential
Uses and Business Uses are uses allowable by Site Plan Review ("SPR")
in the Industrial District(s) ("IR") within the Town of Stillwater.
(4)
LDR Low-Density Residential District. The purpose
of this district is to protect low-density single- and two-family
residential uses while allowing compatible agricultural uses.
(5)
RR Rural Residential District. The purpose of this
district is to protect and promote agriculture and related uses while
allowing compatible low-density residential development.
(6)
RRD Residential Resort District. The purpose of this
district is to encourage the development of seasonal and year-round
waterfront development in a manner that protects water quality and
minimizes congestion and adverse impacts on water bodies.
(7)
R67 Overlay Route 67 Overlay District. The purpose of this district
is to provide opportunity for commercial, light industrial and mixed-use
development along a portion of Route 67 where adequate infrastructure
exists and development is complementary to establishing a gateway
to the Town.
(8)
R67
West Route 67 West Business District. The purpose of this district
is to provide opportunity for commercial, light industrial and mixed-use
development along western portions of Route 67 where adequate land
use and infrastructure exist and development is complementary to the
Town's economic development interests.
(9)
T2 Rural Conservation. The purpose of this district
is to preserve, protect, and promote the rural agricultural heritage
of the area while allowing compatible low-density residential development
and agricultural supportive uses and protecting important viewsheds
in relation to the Saratoga National Historical Park.
(10)
T3N Neighborhood. The purpose of this district
is to promote a range of housing types and opportunities in keeping
with the surrounding neighborhood and encourage connectivity to surrounding
neighborhoods, the Town's mixed use areas, and the Trail.
(11)
T3G Gateway. The purpose of this district is
to promote commercial opportunities and residential development in
keeping with the rural character of the area and encourage connectivity
to and from commercial establishments, the surrounding neighborhoods,
and the Trail.
(12)
T4 Riverfront Corridor. The purpose of this
district is to promote and enhance the Town's identity by encouraging
mixed use development, street level activity, walkability to surrounding
neighborhoods, and additional public access to the Hudson River.
(13)
T5 Gateway. The purpose of this district is
to maximize economic development potential by encouraging infill,
reuse, and expansion of businesses while promoting and enhancing the
Town's identity by encouraging mixed use development, street level
activity, and walkability to connect to surrounding neighborhoods.
Where uncertainty exists with respect to the
boundary of any district shown on the Town of Stillwater Zoning Map,
the following rules shall apply.
A.
Where district boundaries are indicated as approximately
following the center lines or right-of-way lines of streets, highways,
railroads or public utility easements, said boundaries shall be construed
to be coincident with such lines.
B.
Where district boundaries are so indicated that they
are approximately parallel to the center lines or right-of-way lines
of streets, highways, railroads or public utility easements, said
boundaries shall be construed as being parallel thereto and at such
distances therefrom as indicated on the Town of Stillwater Zoning
Map or as shall be determined using the scale on the Town of Stillwater
Zoning Map.
C.
Where district boundaries are indicated as approximately
following the Town boundary line, property lines, lot lines, or projections
thereof, said boundaries shall be construed to be coincident with
such lines or projections thereof.
D.
Where district boundaries are so indicated that they
are approximately parallel to the Town boundary line, property lines,
lot lines, or projections thereof, said boundaries shall be construed
as being parallel thereto and at such distances therefrom as are indicated
on the Town of Stillwater Zoning Map or as shall be determined using
the scale on the Town of Stillwater Zoning Map.
E.
Where a street, highway, railroad or public utility
easement, center line or right-of-way line is coincident with a zoning
boundary line and varies from the actual on-the-ground physical monument
or mark, then such on-the-ground physical monument or mark shall determine
said zoning boundary.
F.
Where uncertainty exists in determining the precise
location of any district boundary line, the Zoning Board of Appeals
shall interpret the intent and purpose of the Zoning Map. The Zoning
Board of Appeals shall render such interpretation within 30 days of
receipt of all information it deems necessary to make its interpretation.
A public hearing is not required for an interpretation.
Where a district boundary line divides a lot,
the regulations for either portion may be extended not more than 30
feet into the other portion.
Where the position of a floodplain boundary
is not clear, an elevation shall be taken from an agreed-upon benchmark
to the elevation of the lowest finished floor of the building. If
the elevation of the lowest finished floor is found to be below the
elevation of the one-hundred-year floodplain as shown on the appropriate
Flood Insurance Rate Map published by the Federal Emergency Management
Agency, such property shall be construed to be within the floodplain.
A.
The restrictions and controls intended to regulate
development in each district are set forth in this section and are
supplemented in other sections of this chapter.
B.
Except as hereinafter provided:
[Amended 5-20-2010 by L.L. No. 4-2010; 1-19-2012 by L.L. No.
2-2012]
(1)
No building or structure or land shall be used or
occupied and no building or structure or part thereof shall be erected,
moved or altered unless in conformity with the regulations herein
specified for the district(s) in which it is to be located.
(2)
No new building or structure that is allowed for the
district in which such building or structure is located shall be erected
to exceed the height or bulk, occupy a greater percentage of lot area,
or have narrower or smaller lot size, front yards, rear yards or side
yards than is allowed in the particular district.
C.
Use regulations.
(1)
Principal permitted uses. A use shall be permitted
in a given zoning district if it is listed in the Schedule of Regulations
hereof as a principal permitted use for that district, provided that
all other requirements of this chapter are met.[1]
[1]
Editor's Note: The Schedule of Regulations is included at the end of this chapter.
(2)
Site plan review uses. A use listed in the Schedule
of Regulations hereof[2] as a site plan review use for a given zoning district shall be permitted in that district when approved in accordance with Article VI hereof, provided that all other requirements of this chapter are met.
[2]
Editor's Note: The Schedule of Regulations is included at the end of this chapter.
(3)
Special permit uses. A use listed in the Schedule
of Regulations[3] as a special permit use shall be permitted in that district when approved in accordance with Article VII hereof, provided that all other requirements of this chapter are met.
[3]
Editor's Note: The Schedule of Regulations is included at the end of this chapter.
(4)
Nonpermissible uses. Any use which is not a permissible
use by right, site plan review, or special use permit in a given zoning
district or which is not an accessory use to such a permissible use,
site plan review use, or special permit use shall be a nonpermissible
use and shall be deemed prohibited in that zoning district.
(5)
Accessory use or accessory structure. An accessory use or accessory structure shall be permitted if the use to which it is accessory is a lawful use pursuant to the terms of this chapter and for which a permit has been issued if required pursuant to the terms of Article XVII hereof, so long as said accessory use or structure does not result in or increase any violation of the provisions of this chapter. Accessory structures shall be located in the side or rear yards of a principal structure. The structures may be located no closer than 25% of the setback requirement but in no case less than five feet from the side or rear property line. An accessory structure shall not be used for commercial purposes by residents of residential structures, except as permitted by § 210-95, Home occupations, nor shall it include a sign, except as permitted by Article XI, Signs.
[Amended 7-27-2017 by L.L. No. 2-2017]
(6)
Principal buildings in residential zones. In areas
zoned for single-family dwellings, a maximum of one single-family
dwelling may be constructed per lot, regardless of lot size. Construction
of additional single-family dwellings shall require subdivision approval
and shall be in conformance with the requirements of this chapter.
(7)
The following uses shall be expressly prohibited in
the Town of Stillwater: any landfill, waste-storage or -processing
facility, sludge dewatering facility or other facility used to process
or store hazardous materials or materials dredged from any river or
water body.
D.
Schedule of Regulations. The Schedule of Regulations
for the zoning districts is found in the table at the end of this
chapter in Appendix A.
A.
Purpose. The Town of Stillwater recognizes the importance
of the Plum Brook and Village of Stillwater watersheds as a source
of water supply to the City of Mechanicville and the Village of Stillwater,
as well as to the surrounding region. The Town therefore determines
that it is in the interest of the Town to designate the Plum Brook
Watershed Protection Overlay District and the Village of Stillwater
Watershed Protection Overlay District, within which certain regulations
intended to protect the watersheds shall apply.
C.
Regulations. Within the watershed protection overlay
districts, the following activities shall be prohibited:
[Amended 1-19-2012 by L.L. No. 2-2012]
(1)
Disposal of any solid waste, petroleum, radioactive
material, brine, solvents, hazardous material, or nonresidential wastewater
into or onto land or a surface water body (except for the underground
injection activities specifically and directly related to the development
or maintenance of water supply wells and except for the operation
of existing on-site disposal systems for sewage). This section shall
not be construed to prohibit or otherwise regulate manure storage
or processing or spreading or other agricultural use of recognizable
and nonrecognizable food waste, sewage sludge, septage and composted
sludge, including the land application or storage of such materials
for agricultural purposes.
(2)
Commercial use, storage and/or application of pesticides
without applicable permits/certification from the New York State Department
of Environmental Conservation.
(3)
Open storage of agricultural chemicals or fertilizer
within 100 feet of any water body.
(4)
Introduction into an existing on-site disposal system
of any material that is potentially hazardous to groundwater quality,
including but not limited to petroleum, radioactive material, brine,
solvents and hazardous material.
(5)
Establishment and/or operation of any solid waste
management or waste management facility or hazardous waste treatment,
storage, or disposal facility, including but not limited to: solid
waste storage area or facility; transfer station; rail-haul or barge-haul
facility; landfill of any kind; disposal facility; solid waste or
animal incinerator; recycling facility; land application facility;
composting facility; surface impoundment; used oil storage; reprocessing
and re-refining facility; waste tire storage facility; junkyard; salvage
yard; impoundment yard; dump; radioactive waste facility; pathological
or medical waste facility; or hazardous waste treatment, storage,
or disposal facility.
(6)
Installation or operation of any underground petroleum
product or chemical storage facility in excess of 1,100 gallons.
(7)
Cemetery.
(8)
Dumping or disposing of snow or ice collected off-site
from streets, roads or parking areas within 100 feet of any water
body.
(9)
Wholesale storage of fertilizers.
(10)
Bulk storage of coal or chloride salts.
(11)
Construction of commercial pipelines or piping
systems that carry petroleum or any other liquid hazardous material.
(12)
Construction of public or private sewage treatment
facilities.
(13)
Discharge, land application or disposal of any
septage, sewage sludge, animal wastes, animal remains or human excreta
within 100 feet of any water body, except that such prohibition shall
not apply to manure storage or processing or spreading or other agricultural
use of recognizable and nonrecognizable food waste, sewage sludge,
septage and composted sludge.
D.
Nonconforming activities.
(1)
A lawful activity which exists at the time of the
effective date of this chapter that does not conform with the requirements
of this section is not subject to the restrictions and requirements
of this section.
(2)
No nonconforming activity shall be expanded, enlarged
or modified in any way that is deemed by the Code Enforcement Officer
to pose a greater threat to groundwater and otherwise contravene the
intent and purpose of this section.
(3)
In the event that an allowed nonconforming activity
is stopped, suspended or abandoned for a period of 12 months or longer,
the activity shall permanently desist and shall be subject to the
requirements of this chapter.
E.
Imminent hazard.
(1)
If any allowed nonconforming activity is found by
the Code Enforcement Officer to pose a potential or imminent health
hazard or threat to a public water supply, it shall be deemed a violation
of this chapter. The Code Enforcement Officer shall take whatever
actions are necessary to remedy an imminent threat to a public water
supply.
