Town of Parma, NY
Monroe County
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A. 
Purpose. The purpose of the Agricultural Conservation (AC) District is to regulate land use, which includes working farmland, fallow land, woodland and wetland areas, for low-density residential development in a manner to support agricultural operations, to preserve open spaces and to conserve the natural environment.
[Amended 9-7-2010 by L.L. No. 1-2010]
B. 
Permitted principal uses.
[Amended 9-7-2010 by L.L. No. 1-2010]
(1) 
One single-family dwelling.
(2) 
Customary agricultural operations, including but not limited to plant nursery, greenhouse operations, fruit growing and processing, dairy, animal husbandry, wood cutting, feed and farming operations, storage of farm produce, farmworker housing and repairing of farm implements incidental to the maintenance of the agricultural operations, subject to the following restrictions:
(a) 
No building in which farm animals are kept or agricultural products are handled shall be closer than 150 feet to the front lot line and 100 feet to a side or rear property line.
(b) 
No storage of waste materials or products from the agricultural operations shall be permitted within 100 feet of any adjoining lot line.
(c) 
Farm frontage may be used for the sale of farm products, provided that any temporary or movable stand, table or shelf used for the display or sale of such product shall be at least 25 feet from the nearest edge of the roadway and be moved to the rear yard of the primary structure or, if no primary structure exists on the property, be placed behind the front setback line for principal buildings at the end of the growing season, but no later than December 1 of each year. An open area of at least 1,200 square feet, suitably graded, shall be provided for off-street customer parking. Permanent buildings for such purpose must comply with principal building requirements as to setback and side yards.
[Amended 1-15-2013 by L.L. No. 1-2013]
(d) 
Premises for agricultural operations shall not be less than five acres in size.
(e) 
For farm operations as defined in Article 25AA, Section 301.11 of New York State Agriculture and Markets Law and located within a certified agricultural district, Subsection B(2)(a), (b) and (d) above shall not apply. For such operations, a minimum setback of 100 feet must be maintained between any storage of animal waste or buildings in which animals are kept and any well, dwelling or stream bank.
(f) 
Farmworker housing to support an individual agricultural operation shall be subject to site plan review and the criteria in § 165-56.
C. 
Permitted accessory uses.
[Amended 4-15-2003; 9-7-2010 by L.L. No. 1-2010]
(1) 
Home occupations, as defined herein, conducted by the resident only, provided that there is no external evidence of such operations, except one sign not exceeding two square feet in area.
(2) 
A one-story garage, greenhouse, storage barn or utility shed. Excluding the garage, the total area of all accessory structures associated with a single-family residence shall not exceed 2,000 square feet, provided that such building or use is incidental to the principal use. This requirement shall not apply to farm operations.
(3) 
Decks or porches, provided that the total area does not exceed the first-floor area of the primary dwelling.
(4) 
Tennis courts or swimming pools for the private, noncommercial use of the residents of the premises.
(5) 
Seasonal storage of recreational vehicles shall be permitted only if the vehicle is owned by an occupant of the residence.
(6) 
The keeping of horses and other animals according to the requirements of Article X of this chapter.
(7) 
Dish antennas/towers according to the requirements of Article X of this chapter.
(8) 
Farmworker housing to support an individual agricultural operation, subject to site plan review and the criteria in § 165-56, when such housing is needed to support an individual agricultural operation as defined by the New York State Department of Agriculture and Markets and located in a certified agricultural district.
D. 
Special permitted uses. The following uses may be permitted by the Zoning Board of Appeals according to the requirements of Article IX of this chapter:
[Amended 12-1-1998; 9-7-2010 by L.L. No. 1-2010]
(1) 
Farmworker housing to support an individual agricultural operation, except when such housing is needed to support an individual agricultural operation as defined by the New York State Department of Agriculture and Markets and located in a certified agricultural district.
(2) 
Animal boarding facilities.
(3) 
Cemeteries.
(4) 
Essential services, excluding structures, maintenance facilities or storage yards for area utility services.
(5) 
Tourist homes.
(6) 
Camping grounds.
(7) 
Accessory apartments.
(8) 
Golf courses, excluding indoor recreation facilities.
(9) 
Golf driving ranges.
E. 
Dimensional requirements for the Agricultural Conservation (AC) District.
(1) 
The dimensional requirements for this district are specified in Schedule I which is a part of this chapter.[1]
[1]
Editor's Note: Schedule I is attached to this chapter.
(2) 
The minimum total living area of the single-family dwelling, excluding the area of the garage or porch, shall be:
(a) 
One-story building: 1,600 square feet.
(b) 
One-and-one-half-story building, or split-level: 1,800 square feet.
(c) 
Two-story building, or raised ranch: 2,000 square feet.
(3) 
Each principal dwelling unit shall have, at a minimum, one two-car garage, at least 20 feet in width and containing an area of not less than 480 square feet.
A. 
Purpose. The purpose of the Rural Residential (RR) District is to regulate land for low-density residential development in areas with limited opportunities for public sewers and having soils with poor percolation rates so as to preserve the rural character, to retain the open space and to conserve the natural resources.
B. 
Permitted principal uses.
[Amended 9-7-2010 by L.L. No. 1-2010]
(1) 
One single-family dwelling.
(2) 
Customary agricultural operations, including but not limited to plant nursery, greenhouse operations, fruit growing and processing, dairy, animal husbandry, wood cutting, feed and farming operations, storage of farm produce, farmworker housing, when such housing is needed to support an individual agricultural operation as defined by the New York State Department of Agriculture and Markets and located in a certified agricultural district, and repairing of farm implements incidental to the maintenance of the agricultural operations, subject to the following restrictions:
(a) 
No building in which farm animals are kept or agricultural products are handled shall be closer than 150 feet to the front lot line and 100 feet to a side or rear property line.
(b) 
No storage of waste materials or products from the agricultural operations shall be permitted within 100 feet of any adjoining lot line.
(c) 
Farm frontage may be used for the sale of farm products, provided that any temporary or movable stand, table or shelf used for the display or sale of such product shall be at least 25 feet from the nearest edge of the roadway and be moved to the rear yard of the primary structure or, if no primary structure exists on the property, be placed behind the front setback line for principal buildings at the end of the growing season, but no later than December 1 of each year. An open area of at least 1,200 square feet, suitably graded, shall be provided for parking space for the use of customers and to eliminate traffic hazards. Permanent buildings for such purpose must comply with principal building requirements as to setback and side yards.
[Amended 1-15-2013 by L.L. No. 1-2013]
(d) 
Premises for agricultural operations shall not be less than five acres in size
(e) 
For farm operations as defined in Article 25AA, Section 301.11 of New York State Agriculture and Markets Law and located within a certified agricultural district, Subsection B(2)(a), (b) and (d) above shall not apply. For such operations, a minimum setback of 100 feet must be maintained between any storage of animal waste or buildings in which animals are kept and any well, dwelling or stream bank.
(f) 
Farmworker housing to support an individual agricultural operation shall be subject to site plan review and the criteria in § 165-56.
C. 
Permitted accessory uses.
[Amended 9-7-2010 by L.L. No. 1-2010]
(1) 
Customary home occupations or professional offices conducted by the resident only, provided that there is no external evidence of such occupations, except one sign not exceeding two square feet in area.
(2) 
A one-story garage, greenhouse, storage barn or utility shed. Excluding the garage, the total area of all permitted accessory structures shall not exceed 1,500 square feet, provided that such building or use is incidental to the principal use. This requirement shall not apply to farm operations.
(3) 
Decks or porches, provided that the total area does not exceed the first-floor area of the primary dwelling.
(4) 
Tennis courts or swimming pools for the private, noncommercial use of the residents of the premises.
(5) 
Seasonal storage of recreational vehicles shall be permitted only if the vehicle is owned by an occupant of the residence.
(6) 
The keeping of horses and other animals according to the requirements of Article X of this chapter.
(7) 
Dish antennas/towers according to the requirements of Article X of this chapter.
(8) 
Farmworker housing to support an individual agricultural operation, subject to site plan review and the criteria in § 165-56, when such housing is needed to support an individual agricultural operation as defined by the New York State Department of Agriculture and Markets and located in a certified agricultural district.
D. 
Special permitted uses. The following uses may be permitted by the Zoning Board of Appeals according to the requirements of Article IX of this chapter:
[Amended 9-7-2010 by L.L. No. 1-2010]
(1) 
Farmworker housing to support an individual agricultural operation.
(2) 
Churches, parish houses or convents.
(3) 
Public or parochial schools, public libraries or public museums.
(4) 
Golf courses, excluding indoor recreation facilities.
(5) 
Hospitals, convalescent homes, homes for the aged, nursing homes or proprietary care facilities.
(6) 
Adult day-care, child care and nursery schools.
(7) 
Animal boarding facilities.
(8) 
Funeral homes.
(9) 
Tourist homes.
(10) 
Cemeteries.
(11) 
Essential services, excluding structures, maintenance facilities or storage yards for area utility services.
(12) 
Accessory apartments.
(13) 
Camping grounds.
(14) 
Mining, excavations or land filling subject to the requirements of Article XV of this chapter.
E. 
Dimensional requirements for the Rural Residential (RR) District.
(1) 
The dimensional requirements for this district are specified in Schedule I which is a part of this chapter.[1]
[1]
Editor's Note: Schedule I is attached to this chapter.
(2) 
The minimum total living area of the single-family dwelling, excluding the area of a garage and porch, shall be:
(a) 
One-story building: 1,400 square feet.
(b) 
One-and-one-half-story building, or split-level: 1,600 square feet.
(c) 
Two-story building, or raised ranch: 1,800 square feet.
(3) 
Each principal dwelling unit shall have a two-car garage with a minimum width of not less than 20 feet and containing an area of not less than 480 square feet.
A. 
Purpose. The purpose of the Medium Density Residential (MD) District is to regulate land use for medium density residential development in areas with sewers and water facilities or if soils are suitable to accommodate medium density residential development. Such development is to be planned in a manner so as to retain open space and to conserve significant environmental features.
B. 
Permitted principal uses.
[Amended 9-7-2010 by L.L. No. 1-2010]
(1) 
One single-family dwelling.
(2) 
Townhouse units subject further to the regulations set forth in § 165-36.
(3) 
Customary agricultural operations, including but not limited to plant nursery, greenhouse operations, fruit growing and processing, dairy, animal husbandry, wood cutting, feed and farming operations, storage of farm produce, farm worker housing and repairing of farm implements incidental to the maintenance of the agricultural operations, subject to the following restrictions:
(a) 
No building in which farm animals are kept or agricultural products are handled shall be closer than 150 feet to the front lot line and 100 feet to a side or rear property line.
(b) 
No storage of waste materials or products from the agricultural operations shall be permitted within 100 feet of any adjoining lot line.
(c) 
Farm frontage may be used for the sale of farm products, provided that any temporary or movable stand, table or shelf used for the display or sale of such product shall be at least 25 feet from the nearest edge of the roadway and be moved to the rear yard of the primary structure or, if no primary structure exists on the property, be placed behind the front setback line for principal buildings at the end of the growing season, but no later than December 1 of each year. An open area of at least 1,200 square feet, suitably graded, shall be provided for parking space for the use of customers and to eliminate traffic hazards. Permanent buildings for such purpose must comply with principal building requirements as to setback and side yards.
[Amended 1-15-2013 by L.L. No. 1-2013]
(d) 
Premises for agricultural operations shall not be less than five acres in size.
(e) 
For farm operations as defined in Article 25AA, Section 301.11 of New York State Agriculture and Markets Law and located within a certified agricultural district, Subsection B(3)(a), (b) and (d) above shall not apply. For such operations, a minimum setback of 100 feet must be maintained between any storage of animal waste or buildings in which animals are kept and any well, dwelling or stream bank.
(f) 
Farmworker housing to support an individual agricultural operation, when such housing is needed to support an individual agricultural operation as defined by the New York State Department of Agriculture and Markets and located in a certified agricultural district, shall be subject to site plan review and the criteria in § 165-56.
C. 
Permitted accessory uses.
[Amended 9-7-2010 by L.L. No. 1-2010]
(1) 
Customary home occupations or professional offices conducted by the resident only, provided that there is no external evidence of such occupations, except one sign not exceeding two square feet in area.
(2) 
One-story garage, storage barn or utility shed. Excluding the garage, the total building area of accessory buildings shall not exceed 600 square feet in area, provided that such buildings or use are incidental to the principal use. The regulations governing the size of the accessory buildings shall not apply to farming operations.
(3) 
Decks or porches, provided that the total area does not exceed the first-floor area of the primary dwelling.
(4) 
Tennis courts or swimming pools for the private, noncommercial use of the residents of the premises.
(5) 
Seasonal storage of recreational vehicles shall be permitted only if the vehicle is owned by an occupant of the residence.
(6) 
The keeping of horses and other animals according to the requirements of Article X of this chapter.
(7) 
Dish antennas/towers according to the requirements of Article X of this chapter.
(8) 
Farmworker housing to support an individual agricultural operation, subject to site plan review and the criteria in § 165-56, when such housing is needed to support an individual agricultural operation as defined by the New York State Department of Agriculture and Markets and located in a certified agricultural district.
D. 
Special permitted uses. The following uses may be permitted by the Zoning Board of Appeals according to the requirements of Article IX of this chapter:
[Amended 9-7-2010 by L.L. No. 1-2010]
(1) 
Temporary housing to support an individual agricultural operation.
(2) 
Churches, parish houses or convents.
(3) 
Public or parochial schools, public libraries or public museums.
(4) 
Membership clubs, lodges or social centers, except those whose activity is a service customarily carried on as a business and primarily for gain.
(5) 
Hospitals, convalescent homes, homes for the aged, nursing homes or proprietary-care facilities.
(6) 
Adult day-care, child care and nursery schools.
(7) 
Animal boarding facilities.
(8) 
Tourist homes.
(9) 
Funeral homes.
(10) 
Cemeteries.
(11) 
Essential services, excluding structures, maintenance facilities or storage yards for area utility services.
(12) 
Accessory apartments.
(13) 
Golf courses, excluding indoor recreation facilities.
(14) 
Nonprofit social centers for charitable, cultural or community purposes.
E. 
Dimensional requirements for Medium Density Residential (MD) District.
(1) 
The dimensional requirements for this district are specified in Schedule I which is a part of this chapter.[1]
[1]
Editor's Note: Schedule I is attached to this chapter.
(2) 
The minimum total living area of the one-family dwelling, excluding the area of a garage and porch, shall be:
(a) 
One-story building: 1,200 square feet.
(b) 
One-and-one-half-story building, or split-level: 1,400 square feet.
(c) 
Two-story building, or raised ranch: 1,600 square feet.
(3) 
Each principal dwelling unit shall have a garage with a minimum width of 14 feet and containing an area of not less than 280 square feet area.
A. 
Purpose. The purpose of the High-Density Residential (HD) District is to: regulate land use to encourage medium-to-high density residential development by permitting a variety of housing types in areas with public water and sewer services; provide a greater opportunity for residential development at lower costs; and to provide greater opportunities for the conservation of land in meaningful open space.
B. 
Permitted principal uses.
[Amended 9-7-2010 by L.L. No. 1-2010]
(1) 
One single-family dwelling.
(2) 
Townhouse units as further regulated by § 165-36 of this chapter.
(3) 
Customary agricultural operations, including but not limited to plant nursery, greenhouse operations, fruit growing and processing, dairy, animal husbandry, wood cutting, feed and farming operations, storage of farm produce, and repairing of farm implements incidental to the maintenance of the agricultural operations, subject to the following restrictions:
(a) 
No building in which farm animals are kept or agricultural products are handled shall be closer than 150 feet to the front lot line and 100 feet to a side or rear property line.
(b) 
No storage of waste materials or products from the agricultural operations shall be permitted within 100 feet of any adjoining lot line.
(c) 
Farm frontage may be used for the sale of farm products, provided that any temporary or movable stand, table or shelf used for the display or sale of such product shall be at least 25 feet from the nearest edge of the roadway and be moved to the rear yard of the primary structure or, if no primary structure exists on the property, be placed behind the front setback line for principal buildings at the end of the growing season, but no later than December 1 of each year. An open area of at least 1,200 square feet, suitably graded, shall be provided for parking space for the use of customers and to eliminate traffic hazards. Permanent buildings for such purpose must comply with principal building requirements as to setback and side yards.
[Amended 1-15-2013 by L.L. No. 1-2013]
(d) 
Premises for agricultural operations shall not be less than five acres in size.
(e) 
For farm operations as defined in Article 25AA, Section 301.11 of New York State Agriculture and Markets Law and located within a certified agricultural district, Subsection B(3)(a), (b) and (d) above shall not apply. For such operations, a minimum setback of 100 feet must be maintained between any storage of animal waste or buildings in which animals are kept and any well, dwelling or stream bank.
(f) 
Farmworker housing to support an individual agricultural operation shall be subject to site plan review and the criteria in § 165-56.
C. 
Permitted accessory uses.
[Amended 9-7-2010 by L.L. No. 1-2010]
(1) 
Customary home occupations or professional offices conducted by the resident only, provided that there is no external evidence of such occupations, except one sign not exceeding two square feet in area.
(2) 
A one-story garage, shelter, storage barn or utility shed. In addition to the garage, the total building area of accessory buildings shall not exceed 400 square feet in area, provided that such buildings or use is incidental to the principal use. The regulations governing the size of accessory buildings shall not apply to farm operations.
(3) 
Decks or porches, provided that the total area does not exceed the first-floor area of the primary dwelling.
(4) 
Tennis courts or swimming pools for the private, noncommercial use of the residents of the premises.
(5) 
Seasonal storage of recreational vehicles shall be permitted only if the vehicle is owned by an occupant of the residence.
(6) 
The keeping of horses and other animals according to the requirements of Article X of this chapter.
(7) 
Dish antennas/towers according to the requirements of Article X of this chapter.
(8) 
Farmworker housing to support an individual agricultural operation, subject to site plan review and the criteria in § 165-56, when such housing is needed to support an individual agricultural operation as defined by the New York State Department of Agriculture and Markets and located in a certified agricultural district.
D. 
Special permitted uses. The following uses may be permitted by the Zoning Board of Appeals according to the requirements of Article IX of this chapter:
[Amended 9-7-2010 by L.L. No. 1-2010]
(1) 
Farmworker housing, when such housing is needed to support an individual agricultural operation as defined by the New York State Department of Agriculture and Markets and located in a certified agricultural district in support of an individual agricultural operation.
(2) 
Two-family dwellings.
(3) 
Tourist homes.
(4) 
Churches, parish houses or convents.
(5) 
Public or parochial schools, public libraries or public museums.
(6) 
Membership clubs, lodges or social centers, except those whose activity is a service customarily carried on as a business and primarily for gain.
(7) 
Hospitals, convalescent homes, nursing homes or proprietary-care facilities.
(8) 
Adult day-care, child care and nursery schools.
(9) 
Essential services, excluding structures, maintenance facilities or storage yards for area utility services.
(10) 
Accessory apartments.
(11) 
Nonprofit social centers for charitable, cultural or community purposes.
E. 
Dimensional requirements for High Density Residential (HD) District.
(1) 
The dimensional requirements for this district are specified in Schedule I which is a part of this chapter.[1]
[1]
Editor's Note: Schedule I is attached to this chapter.
(2) 
The minimum total living area of a single-family dwelling, excluding the area of a garage and porch, shall be:
(a) 
One-story building: 1,000 square feet.
(b) 
One-and-one-half-story building, or split-level: 1,200 square feet.
(c) 
Two-story building, or raised ranch: 1,400 square feet.
(3) 
Each principal dwelling unit shall have a garage with minimum 14 feet width and containing an area of not less than 280 square feet area.
[Amended 9-7-2010 by L.L. No. 1-2010]
A. 
Purpose. The purpose of the Waterfront Residential (WF) District is to regulate land use for smaller lots of mixed residential and lakeshore use in areas that were developed before zoning regulations were adopted and where further development depends on the availability of public water and sewer services.
B. 
Permitted principal uses.
(1) 
One single-family dwelling.
(2) 
Townhouse units subject further to the regulations set forth in § 165-36.
(3) 
Customary agricultural operations, including but not limited to plant nursery, greenhouse operations, fruit growing and processing, dairy, animal husbandry, wood cutting, feed and farming operations, storage of farm produce, and repairing of farm implements incidental to the maintenance of the agricultural operations, subject to the following restrictions:
(a) 
No building in which farm animals are kept or agricultural products are handled shall be closer than 150 feet to the front lot line and 100 feet to a side or rear property line.
(b) 
No storage of waste materials or products from the agricultural operations shall be permitted within 100 feet of any adjoining lot line.
(c) 
Farm frontage may be used for the sale of farm products, provided that any temporary or movable stand, table or shelf used for the display or sale of such product shall be at least 25 feet from the nearest edge of the roadway and be moved to the rear yard of the primary structure or, if no primary structure exists on the property, be placed behind the front setback line for principal buildings at the end of the growing season, but no later than December 1 of each year. An open area of at least 1,200 square feet, suitably graded, shall be provided for parking space for the use of customers and to eliminate traffic hazards. Permanent buildings for such purpose must comply with principal building requirements as to setback and side yards.
[Amended 1-15-2013 by L.L. No. 1-2013]
(d) 
Premises for agricultural operations shall not be less than five acres in size.
(e) 
For farm operations as defined in Article 25AA, Section 301.11 of New York State Agriculture and Markets Law and located within a certified agricultural district, Subsection B(3)(a), (b), and (d) above shall not apply. For such operations, a minimum setback of 100 feet must be maintained between any storage of animal waste or buildings in which animals are kept and any well, dwelling or stream bank.
C. 
Permitted accessory uses.
(1) 
Customary home occupations or professional offices conducted by the resident only, provided that there is not external evidence of such occupations, except one sign not exceeding two square feet in area.
(2) 
A one-story garage, shelter, storage barn or utility shed. Excluding the garage, the total area of all accessory structures shall not exceed 400 square feet. Such buildings and their use shall be incidental to the principal use. The regulations governing the size of the accessory buildings shall not apply to farming operations.
(3) 
Decks or porches, provided that the total area does not exceed the first-floor area of the primary dwelling.
(4) 
Tennis courts or swimming pools for the private, noncommercial use of the residents of the premises.
(5) 
Seasonal storage of recreational vehicles shall be permitted only if the vehicle is owned by an occupant of the residence.
(6) 
Dish antennas/towers according to the requirements of Article X of this chapter.
(7) 
Notwithstanding the requirements of § 165-82C(3), accessory structures located on lots in the WF District with frontage along Lake Ontario may be located in any part of the lot, including the area between the principal building and the street line, provided that such structures maintain a minimum setback of 25 feet from the street line, 25 feet from the water's edge, and 10 feet from any other lot line. For the purpose of these setback requirements, the "water's edge" shall be measured from the breakwall, gabion stone wall or similar structure, if such exists on the property. If a clear demarcation of the "water's edge" is not provided by a breakwall, gabion stone wall or similar structure, the water's edge shall be the mean high-water mark, or, alternatively, the Code Enforcement Officer may measure the setback from a line extended from a breakwall, stone gabion wall or similar structure on an adjoining property across the subject property.
[Amended 1-15-2013 by L.L. No. 1-2013]
D. 
Special permitted uses. The following uses may be permitted by the Zoning Board of Appeals according to the requirements of Article IX of this chapter:
(1) 
Tourist homes.
(2) 
Essential services, excluding structures, maintenance facilities or storage yards for area utility services.
(3) 
Accessory apartments.
E. 
Dimensional requirements for Waterfront Residential (WF) District.
(1) 
The dimensional requirements for this district are specified in Schedule I which is a part of this chapter.[1]
[1]
Editor's Note: Schedule I is included at the end of this chapter.
(2) 
The minimum total living area of a single-family dwelling, excluding the area of a garage and porch, shall be:
(a) 
One-story building: 1,000 square feet
(b) 
One-and-one-half-story building, or split-level: 1,200 square feet.
(c) 
Two-story building, or raised ranch: 1,400 square feet.
(3) 
Each principal dwelling unit shall have a garage with a minimum width of not less than 14 feet containing an area of not less than 280 square feet.
A. 
Purpose. The purpose of the Townhouse Residential (TH) District is to regulate land use for high-density residential development, to provide a variety of housing types in an area with public water and sewer services and to serve as a transition between the residential and business districts. The Town Board may on its own motion, or in response to an application, amend the Zoning Map to establish a Townhouse Residential (TH) District. In reaching its decision, the Town Board shall consider this statement of purpose, the general criteria set forth in this chapter and the current Comprehensive Plan for the Town.
B. 
Permitted principal uses.
(1) 
Townhouse dwelling units.
(2) 
Multiple-family dwelling units subject to the regulations of this article. Such units shall be constructed in harmony with and complementary to the single-family residences in the abutting residential district.
(3) 
Twin home dwellings.
[Added 10-18-2005]
C. 
Permitted accessory uses.
(1) 
Detached garage structures.
(2) 
Decks or porches, provided that each serves only a single dwelling unit.
(3) 
Tennis courts or swimming pools for the private, noncommercial use of the residents of the premises.
(4) 
Parks and playground facilities to serve residents of the premises.
(5) 
One utility shed per dwelling unit for the private use of the individual household, provided that the structure does not exceed an area of 100 square feet and is located no further than 20 feet from an entrance to the residence to which it is an accessory use.
(6) 
Dish antennas/towers according to the requirements of Article X of this chapter.
D. 
Special permitted uses. (This subsection is reserved.)
E. 
Requirements for Townhouse Residential (TH) District.
(1) 
Each multiple residence building, twin home dwelling or townhouse structure shall be constructed and maintained in compliance with the requirements of the Multiple Residence Law and the New York State Uniform Fire Prevention and Building Code, as applicable. Such structure shall, however, conform to the local code if the Town has established more stringent requirements.
[Amended 10-18-2005]
(2) 
Each multiple residence, twin home dwelling or townhouse development shall have a lot area of not less than two acres.
[Amended 10-18-2005]
(3) 
There shall be a lot area of not less than 3,500 square feet for each dwelling unit located on the lot.
[Amended 4-15-2003]
(4) 
Each dwelling unit shall provide the following minimum habitable area. Areas for the common use of occupants such as lobbies and corridors will not be considered as habitable area.
(a) 
Studio apartment (not more than 25% of the total number of units provided shall be studio units): 500 square feet.
(b) 
One-bedroom apartment: 650 square feet.
(c) 
Two-bedroom apartment: 800 square feet.
(d) 
More than a two-bedroom apartment: 800 square feet, plus 150 square feet for each additional bedroom.
(e) 
Townhouse unit: 950 square feet.
(5) 
No building shall contain more than eight dwelling units.
(6) 
Each dwelling unit shall have its own separate full bathroom.
(7) 
All multiple residence, twin home dwelling and townhouse developments shall provide safe and efficient pedestrian circulation and site lighting.
[Amended 10-18-2005]
(8) 
All multiple residence buildings, twin home dwellings and townhouse structures shall be served by publicly owned, operated and maintained water supply and sanitary sewage disposal facilities.
[Amended 10-18-2005]
(9) 
Each building shall be provided with suitable containers for the storage of recyclable materials and refuse collections. Such containers shall be screened from public view by use of fences or solid walls.
(10) 
Access to public roads.
(a) 
All multiple residence, twin home dwelling and townhouse developments shall have direct access from the common parking area(s) to a dedicated highway.
[Amended 10-18-2005]
(b) 
No individual dwelling unit shall have direct access to a dedicated highway.
(11) 
Two parking spaces shall be provided for each dwelling unit. Each parking space shall have a minimum width of nine feet, and a minimum length of 18 feet. Not less than one parking space for each dwelling unit shall be enclosed.
[Amended 10-18-2005; 1-15-2013 by L.L. No. 1-2013]
(12) 
In addition to the required parking spaces for each dwelling unit, one additional space shall be provided in common parking lots for every four dwelling units for the convenience of residents and their guests. The location of common parking lots shall be determined by the Planning Board as part of the site plan review process.
(13) 
Each dwelling unit shall have a rear yard adjacent to the unit which shall be reasonably secluded from view from neighboring property or streets and which shall include at least 500 square feet of usable open space.
[Amended 10-18-2005]
(14) 
No multiple residence, twin home dwelling or townhouse development shall have more than 2 stories or be more than 35 feet in height. Spires, chimneys, cupolas, flagpoles and antennas are exempt from this limitation, provided that the antennas are visually integrated into the building lines.
[Amended 10-18-2005]
(15) 
No room shall be used for living purposes if more than four feet of its vertical height is below grade.
(16) 
No multiple residence, twin home dwelling or townhouse building shall be less than 18 feet in width.
[Amended 10-18-2005]
(17) 
No exterior wall shall exceed 50 feet in length unless there is a lateral offset of at least four feet in its alignment.
(18) 
Except for an accessory structure to an individual dwelling unit, the minimum distance between a multiple residence or townhouse dwelling structure and any other structure on a proposed development site shall be 40 feet and the minimum distance between a twin home dwelling and any other structure on a proposed development site shall be 20 feet.
[Amended 12-1-1998; 10-18-2005]
(19) 
No swimming pool shall be located within 40 feet of a multiple residence or townhouse dwelling structure or 20 feet from a twin home dwelling.
[Added 12-1-1998; amended 10-18-2005]
(20) 
Not less than 25% of the land area within a multiple residence, twin home dwelling or townhouse development, excluding parking areas and vehicle access facilities, shall be established and maintained as open space for the use and enjoyment of residents and their guests.
[Amended 10-18-2005]
(21) 
The coverage of all buildings and structures within a multiple residence, twin home dwelling or townhouse development shall not exceed 25% of the area of the entire site.
[Amended 10-18-2005]
(22) 
No structure within a multiple residence, twin home dwelling or townhouse development shall be setback less than 20 feet from any common parking area.
[Amended 10-18-2005]
(23) 
No structure within a multiple residence, twin home dwelling or townhouse development shall be setback less than 75 feet from a state or county highway or 40 feet from a Town road and not less than 50 feet from the external property line for the development. However, side yard setbacks for individual lots shall be zero feet from the property line wherever two townhouse, twin home dwelling or multifamily dwelling units are joined by a common wall along the parcel boundary.
[Amended 10-18-2005]
(24) 
Notwithstanding the provisions of § 165-128B(2), the height of a privacy fence built upon a deck or other structure shall be limited to a height of four feet from the surface of the deck or other structure.
[Added 10-18-2005]
[Added 2-3-2009 by L.L. No. 1-2009]
A. 
Purpose. The purpose of the Planned Development-Senior Residential District is to:
(1) 
Provide a variety of senior-oriented housing types in an area with public water and sewer services;
(2) 
To regulate land use for senior-oriented residential development in a manner that provides certain advantages over that which would be obtained under conventional zoning;
(3) 
To provide a development framework for senior-oriented residential communities that results in land uses and physical site arrangements that are not contemplated under conventional zoning;
(4) 
To preserve and enhance natural features of the site.
B. 
Objectives. The following objectives shall be considered in the development of a PD-SR District:
(1) 
Provide for a maximum choice in the types of environment, occupancy, tenure, types of housing, lot sizes and community facilities available to existing and potential residents.
(2) 
Provide for usable open space and recreation areas and other facilities serving the community, such as trail ways to neighboring properties, sitting benches, and the like.
(3) 
Provide for access to trail ways, open space and other community services through clearly designated pathways as part of the project development.
(4) 
Provide for convenient location of commercial and service areas that are appropriately scaled to serve primarily residents of the senior residential development and to minimize impacts on traffic and neighboring properties.
(5) 
Provide for safe and efficient vehicular ingress and egress, as well as circulation within the site.
(6) 
Provide for safe and convenient pedestrian access to facilities within the district, public transportation facilities and to any existing pedestrian walkways that adjoin the district.
(7) 
Provide for auxiliary parking as may be necessary and ensure that such parking areas are treated with appropriate landscaping or structural features to allow a more aesthetic presentation to the entire district.
(8) 
Provide for the preservation of trees, outstanding natural topography and geologic features, and the prevention of soil erosion.
(9) 
Provide for a creative use of land and related physical development that allows orderly transition of land from rural to urban uses.
(10) 
Provide for an efficient use of land, resulting in smaller networks of utilities and streets, thereby lowering housing costs.
(11) 
Provide for service alleys to allow safe and adequate access to structures in the district for purposes of refuse removal, emergency access and other public or private services.
(12) 
Provide for a development pattern consistent with the objectives of the Comprehensive Plan.
(13) 
Provide for special security needs of persons and property within such district as deemed necessary by the nature of the development.
(14) 
Provide for a more desirable environment than would be possible through the strict application of other provisions of the Town's zoning regulations.
(15) 
Promote community senior housing in a unique setting that is appropriate to the anticipated residents of each such community by utilizing homeowners' or condominium associations, deed restrictions and other regulatory procedures, where appropriate.
C. 
Project size, location and ownership.
(1) 
Land to be considered for PD-SR zoning must contain a minimum of 15 contiguous acres and may be located in any residential zoning district.
(2) 
The tract of land for a project may be owned, leased or controlled either by a single person, a corporation or by a group of individuals and/or corporations. An application must be filed by the owner or jointly by all the owners of property included in a project. In the case of multiple ownership, the approved plan shall be binding on all owners.
D. 
Procedures to establish a PD-SR District.
(1) 
Establishment of PD-SR District. The Town Board may, on its own motion or in response to an application, amend the Zoning Map to establish a Planned Development-Senior Residential district. In reaching its decision, the Town Board shall consider this statement of purpose, objectives and general criteria set forth in this chapter, as well as the current Comprehensive Plan for the Town.
(2) 
Before the consideration of zoning of any property to a PD-SR District can take place by the Town Board, the owner, or his authorized agent, submit an application for rezoning to PD-SR to the Town Board. Such application shall include a conceptual site plan as described in Article XIII, Site Plan Regulations. The Town Board shall refer the conceptual site plan to the Planning Board, which shall review it in accordance with the site plan approval procedures established in Article XIII. The Planning Board shall submit a report of its findings to the Town Board.
(3) 
Upon receipt of a favorable report from the Planning Board covering the conceptual site plan, or upon its own determination subsequent to an unfavorable report, the Town Board shall set a date for and conduct the public hearings necessary for the purpose of considering PD-SR Districting for the applicant's plan in accordance with the procedures established in § 165-7, Amendments.
(4) 
Following the public hearing, the Town Board may establish the PD-SR District. PD-SR Districting shall be conditional upon securing of final site plan approval by the applicant in accordance with procedures set forth in Article XIII and compliance with all additional conditions and requirements as may be set forth by the Town Board in its resolution granting the PD-SR Districting.
(5) 
The Planning Board shall conduct a single review that will address the requirements of site plan review under the provisions of Article XIII, Site Plan Regulations, as well as those for the review of subdivisions under Town Subdivision Regulations,[1] subject to the following conditions:
(a) 
As directed by the Town Planning Board, the developer shall prepare sets of subdivision plats suitable for filing with the Office of the Monroe County Clerk, in addition to those drawings required for site plan review.
(b) 
The developer may plat the entire development either as a subdivision or as a single property. Multiple phases of development, if any, shall be identified on the plat. The Planning Board may require that the final site plan/subdivision review for phases be approved and recorded individually.
[1]
Editor's Note: See Ch. 130, Subdivision of Land.
E. 
Permitted uses.
(1) 
Permitted residential uses. All residential types may be permitted as principal uses, including but not limited to single-family dwellings, twin home dwellings, townhouse dwelling units and multiple-residence buildings, provided that the residences are predominantly designed for persons age 55 or older.
(2) 
Permitted public and community service uses.
(a) 
Recreation and open space uses which are scaled primarily to serve the residents of the PD-SR District.
(b) 
Indoor or outdoor recreational facilities for the private, noncommercial use of the residents of the PD-SR District.
(c) 
Community buildings and facilities owned and maintained by the Town.
(3) 
Permitted commercial and service uses.
(a) 
Offices and clinics of New York State licensed health care professions, including but not limited to dentists, chiropractic, optical, physicians, pharmacists, veterinarians or other health care professions, excluding overnight occupancy, provided that there are not more than eight professionals per office or clinic.
(b) 
Outpatient medical laboratories.
(4) 
Special permitted uses. The following uses may be permitted by the Zoning Board of Appeals according to the requirements of Article IX of this chapter:
(a) 
Hospitals, convalescent homes, homes for the aged, nursing homes or proprietary care facilities.
(b) 
Adult day care.
(c) 
Offices of accountants, real estate brokers, financial planners, or lawyers.
(d) 
A community center or clubhouse for the private, noncommercial use of the residents of the PD-SR District.
(5) 
Permitted accessory uses to residential uses:
(a) 
Decks or porches, provided that each serves only a single dwelling unit.
(b) 
Courtyards, gazebos, tennis courts or swimming pools for the private, noncommercial use of the residents of the PD-SR District.
(c) 
Indoor or outdoor recreational facilities for the private, noncommercial use of the residents of the PD-SR District.
(d) 
Garages for the private, noncommercial use of the residents and to store vehicles and equipment used in property maintenance of the PD-SR District.
(e) 
One utility shed per dwelling unit for the private use of the individual household, provided that the structure does not exceed an area of 100 square feet and is located no further than 20 feet from an entrance to the residence to which it is an accessory use.
(6) 
Permitted accessory uses to nonresidential uses.
(a) 
Storage facilities incidental to the principal use, provided that all storage of materials and equipment is enclosed or otherwise secured from adverse weather.
(b) 
Pharmacies, when included within a medical services building.
F. 
Requirements for residential uses in the Senior Residential (PD-SR) District.
(1) 
Dimensional requirements.
(a) 
All single-family dwelling units within a PD-SR District shall have a living area, excluding the area of porches and auto garages, of not less than the following when computed using the outside dimensions of the dwelling unit:
[1] 
One-story dwelling with no more than two bedrooms: a ground floor of 1,020 square feet.
[2] 
One-story dwelling with more than two bedrooms: a ground floor of 1,120 square feet.
[3] 
Split-level dwelling: 1,120 square feet of finished living area above ground.
[4] 
Two-story dwelling: 1,300 square feet of finished living area total, including both floors.
[5] 
Raised-ranch dwelling: 1,600 square feet of living area total, with at least 980 square feet of finished living area above ground.
(b) 
Townhouses, twin home dwellings and multiple-residence buildings.
[1] 
All multiple-residential dwelling units within a PD-SR District shall have a living area computed on the outside dimensions of the dwelling unit based on the following criteria:
Type of Unit
Minimum Unit Size
(square feet)
Studio9
500
One bedroom
650
Two bedrooms
800
Three or more bedrooms
800, plus 100 for each additional bedroom
Townhouse
950
NOTES:
9 Not more than 25% of the total number of units provided shall be studio units.
[2] 
No building shall contain more than eight dwelling units.
[3] 
Each dwelling unit shall have its own separate full bathroom.
[4] 
All multiple residences, twin home dwellings and townhouse developments shall provide safe and efficient pedestrian circulation and site lighting.
[5] 
All multiple-residence buildings, twin home dwellings and townhouse structures shall be served by adequate water supply and sanitary sewage disposal facilities that are owned, operated and maintained by a competent entity. On-site water supply or wastewater disposal facilities intended to serve individual residential units shall not be permitted.
[6] 
Each building shall be provided with suitable containers for the storage of recyclable materials and refuse collections. Such containers shall be screened from public view by use of fences or solid walls.
[7] 
All multiple residences, twin home dwellings and townhouse developments shall have direct access from the common parking area(s) to a dedicated highway.
[8] 
All twin home dwellings and townhouse developments shall provide two parking spaces for each dwelling unit. At least one parking space for each dwelling unit shall be enclosed.
[9] 
All multiple residences shall provide 1.5 parking spaces for each dwelling unit. Each parking space shall have a minimum width of nine feet and a minimum length of 18 feet. The Planning Board, at its own discretion, may reduce the required number of spaces upon receipt of sufficient supporting data from the developer. Such data shall clearly and factually state the actual parking requirements of the proposed multiple-residence building.
[Amended 1-15-2013 by L.L. No. 1-2013]
[10] 
No multiple residence, twin home dwelling or townhouse development shall have more than two stories or be more than 35 feet in height. Spires, chimneys, cupolas and flagpoles are exempt from this limitation, as are antennas, provided that the antennas are visually integrated into the building lines.
[11] 
No room shall be used for living purposes if more than four feet of its vertical height is below grade.
[12] 
No multiple residence, twin home dwelling or townhouse building shall be less than 18 feet in width.
[13] 
No swimming pool shall be located within 40 feet of a multiple-residence or townhouse dwelling structure.
(2) 
Additional requirements for single-family dwellings, twin home dwellings and townhouse buildings are as follows. There shall be:
(a) 
A minimum overhang of one foot on the roof on the front and rear of all homes.
(b) 
A minimum of five inches of rake on the gable roof end.
(c) 
A single-car garage with a minimum width of 14 feet and a minimum area of 280 square feet per dwelling unit, either attached or detached.
(d) 
Two exit doors.
(e) 
An area between the gutter and sidewalk that is paved the full width of the driveway.
(f) 
No more than three single-family detached homes of substantially similar style located on three adjacent lots which front on the same street.
(g) 
For single-family dwelling units, a tree planted for each parcel, except on a corner lot, which shall require two trees to be planted, one on each side of the lot facing the road.
(h) 
Sidewalks installed on at least one side of all interior roadways to accommodate pedestrian circulation.
(3) 
The total density of residential development within the PD-SR District shall not exceed 10 dwelling units per acre. The calculation of such dwelling unit density shall not include areas designated as open space nor shall it include areas devoted to nonresidential uses. The areas used for the calculation of density shall be identified in the conceptual site plan.
G. 
Requirements for recreation, open space and public and community service uses.
(1) 
Open space shall comprise at least 25% of the development area unless deemed inappropriate or impractical by the Planning Board in connection with the site plan approval. No permanent structures shall be allowed on land designated as "open space."
(2) 
The total amount of land allocated for indoor recreational facilities, structures owned and maintained by the Town or other indoor community service facilities shall comprise not more than 10% of the entire PD-SR District, including space for off-street parking, unless more or less extensive use is deemed appropriate or advisable by the Planning Board in connection with the site plan approval as required herein.
H. 
Requirements for commercial and service uses, including specially permitted uses.
(1) 
Permitted commercial and service uses shall be scaled primarily to serve the specific needs of the residents of the district and shall be designed and located so as to facilitate pedestrian as well as vehicular access from the residences within the district.
(2) 
Space allocated for such commercial and service uses shall comprise not more than 10% of the entire PD-SR District, including space for off-street parking, unless more or less extensive use is deemed appropriate or advisable by the Planning Board in connection with the site plan approval as required herein.
(3) 
Commercial and service uses within a PD-SR District shall be consolidated into a single area within the district.
(4) 
Commercial and service uses within a PD-SR District shall adhere to the following requirements:
(a) 
Buildings utilized for approved nonresidential use activity within a PD-SR District shall be of architecture that is similar or complementary to the approved architectural scheme of the district.
(b) 
Site plan review and Planning Board approval shall be required for any additions and/or changes to structures, landscaping and signage related to a nonresidential use within a PD-SR District that are proposed subsequent to the approval of the overall site development plan by the Planning Board.
(c) 
Parking, loading, access, fencing and site requirements shall be as provided in Article XVI of this chapter.
(d) 
Signs shall be permitted as listed and further regulated in Article XIV of this chapter.
(e) 
Outside storage of waste materials shall be screened from view.
(f) 
Site lighting shall be shielded in such a way that the source light is not visible at the lot line.
(g) 
All customer parking areas shall be hard surfaced and buffered from any adjacent residential lot.
(5) 
In recognition of the unique restrictions and limitations which impact nonresidential uses within a PD-SR District, various requirements which are otherwise imposed upon commercial use within the Town may be modified or waived by the Planning Board upon good cause shown, including but not limited to requirements regarding off-street parking.