The following supplementary regulations are
applicable to all uses and all zoning districts within the Town of
Stanford unless otherwise provided herein.
No nonresidential use shall be permitted that
does not conform to the following standards of use, occupancy and
operation, in addition to all relevant provisions of other local,
state and federal laws, rules or regulations:
A.
Noise. No noise shall exceed an intensity, as measured
from the boundaries of the lot where such use is situated, of the
average intensity, occurrence and duration of the noise of street
traffic at adjoining streets.
B.
Atmospheric effluence. No dust, dirt, smoke, odor
or noxious gases that would not normally be associated with a residential
or agricultural premises shall be disseminated beyond the boundaries
of the lot where such use is located.
C.
Glare and heat. No unreasonable glare or heat shall
be produced that is perceptible beyond the boundaries of the lot on
which such use is situated. Special efforts shall be required, such
as the planting of vegetation and the installation of light shields,
to alleviate the impact of objectionable or offensive light and glare
produced by exterior sources on neighboring residential properties
or public thoroughfares.
D.
Industrial wastes. No solid or liquid wastes shall
be discharged into any public sewer, common or private sewage disposal
system or stream or into the ground except in strict conformance with
the standards approved by the New York State Department of Health
or other duly empowered agency.
E.
Radioactivity or electromagnetic disturbance. No activities
shall be permitted which emit dangerous radioactivity beyond the building
in which such activity is located or which emit electrical disturbance
adversely affecting the operation of any equipment other than that
of the creator of such disturbance.
F.
Fire and explosion hazards. All activities involving
and all storage of flammable and explosive materials shall be provided
with adequate safety devices against the hazard of fire and explosion
and with adequate fire-fighting and fire-suppression equipment and
devices standard in the industry. All applicable requirements of the
New York State Uniform Fire Prevention and Building Code, as well
as the provisions of the National Fire Protection Association (NFPA)
Code, shall be fully observed.
G.
Maintenance of developed lots. All open portions of
any developed lot shall have adequate grading and drainage and shall
be continuously maintained in a dust-free and erosion-resistant condition
by suitable landscaping with trees, shrubs, grasses or other planted
ground cover or by paving with asphalt, concrete, washed stone or
other suitable material. Required yard areas shall be planted and
maintained in accordance with the approved site plan for the premises
and in a manner which is compatible with their use and beneficial
enjoyment.
In all districts, at the time any new building
or structure is erected, any existing building or structure enlarged
or increased in capacity by adding dwelling units, guest rooms, seats
or floor area, or new or changed use of either land or structure established,
permanent off-street parking and loading space shall be provided in
accordance with the minimum standards set forth below:
A.
Required number of off-street parking spaces.
(1)
The minimum number of off-street parking spaces stated
below shall be required in addition to one off-street parking space
for each company vehicle associated with a commercial, business or
light manufacturing use and in addition to those off-street parking
spaces required to accommodate handicapped persons in accordance with
the requirements of the New York State Uniform Fire Prevention and
Building Code.
|
Type of Use
|
Required Number of Spaces
| |
|---|---|---|
|
Residential uses:
| ||
|
Single-family dwelling
|
2
| |
|
Two-family dwelling
|
4
| |
|
Multifamily rental dwelling
|
2.5
| |
|
Boarding or rooming house or bed-and-breakfast
establishment
|
1 per guest bed, plus Required spaces for other
dwelling units on premises
| |
|
Accessory dwellings
|
1 per dwelling unit
| |
|
General uses:
| ||
|
Churches, meeting halls, membership clubs, auditoriums,
theaters or other places of public assembly not otherwise specified
|
1 per 4 seats or 60 square feet of seating area
where fixed seating is not provided
| |
|
Schools and other educational institutions
|
1 per 12 classroom seats or the auditorium requirement
as specified above, whichever is greater
| |
|
Nursery school regular basis
|
1 per 5 children enrolled on a
| |
|
Cultural facilities (library or museum) or philanthropic
and institutional uses
|
1 for each 250 square feet of gross floor area
| |
|
Hospital, convalescent home or nursing home
|
1 for each 2 beds, computed on the basis of
the maximum bed capacity of the structure
| |
|
Business and commercial uses:
| ||
|
Medical clinic and related professional health
service office
|
5 per professional, plus 1 per employee
| |
|
General or other professional offices
|
1 per 225 square feet of office floor area for
first 2,000 square feet, and 1 per 275 square feet thereafter
| |
|
Retail business, store or service shop
|
1 per 175 square feet of retail/service floor
area, 1 per 225 square feet of gross floor area, whichever is greater
| |
|
Convenience store
|
1 per 150 square feet of gross floor area, and
queuing area at gasoline pumps, if provided
| |
|
Hotel or motel
|
1 per guest room, plus 1 per employee
| |
|
Restaurant or other eating and drinking establishment
|
1 per 3 seats or 75 square feet of floor area
available to patrons, whichever is greater, plus 1 per 75 square feet
of outdoor service area
| |
|
Light manufacturing, wholesale and similar uses
|
1 per employee on largest shift, plus necessary
space for visitors and company vehicles
| |
(3)
In the case of a combination of uses on a single parcel,
the requirement for off-street parking spaces shall be the sum of
the requirements for the various individual uses, unless it can be
established by the applicant to the satisfaction of the Planning Board
that staggered hours of use would permit reduction of this requirement.
In particular, up to 50% of the parking spaces required for churches,
theaters and similar places of public assembly with peak attendance
on Sundays and/or evenings may be assigned to a use or uses which
will be closed on Sundays and/or evenings, as applicable.
B.
Design standards for off-street parking spaces.
(1)
Areas which may be considered as meeting off-street
parking space requirements may include a garage, carport or other
properly developed area available for parking, not to include a public
street.
(2)
In all districts, parking areas shall be located no
closer to any property line than the minimum parking setbacks established
in the District Schedule of Area and Bulk Regulations. If parking
associated with a nonresidential use is abutting an existing residential
use or a residential district, a minimum separation of 20 feet between
any parking area or access thereto and the residential property line
shall be maintained.
(3)
In all districts, each parking space provided shall
be at least nine feet wide and 19 feet in length. Each space shall
have direct and usable driveway access to a street and adequate maneuvering
area between spaces in accordance with proper site engineering standards.
(4)
All parking areas shall be suitably drained, graded, surfaced and maintained. Except for one- or two-family dwellings, parking lot surfacing requirements shall be established by the Planning Board under site plan review, as provided for in Article VII of this chapter, with particular consideration given to the number of vehicles accommodated and the proposed intensity and season(s) of use. All paved parking areas shall be suitably marked to indicate individual parking spaces, maneuvering areas, entrances and exits.
(5)
With the exception of driveways for one- and two-family
residences on minor subdivision streets which serve 20 or fewer residences,
all off-street parking areas shall be designed to eliminate the need
to back out onto the public street, road or highway.
C.
Required off-street loading berths. Off-street loading which is designed logically, conveniently located for bulk pickups and deliveries, scaled to delivery vehicles anticipated and accessible to said vehicles when required off-street parking spaces are filled shall be considered for all commercial and light manufacturing uses and shall be provided as deemed necessary by the Planning Board during site plan review in accordance with Article VII of this chapter.
No sign shall be erected, replaced, altered,
relocated or maintained in any zoning district except in accordance
with the provisions stated herein.
A.
General standards. Any sign or use of signs, whether
permitted, temporary or directional, shall conform to the following
general standards. Signs shall:
(1)
At all times be maintained in a proper state of repair
in full compliance with Building Code, Electrical Code and reasonable
property maintenance standards.
(2)
Not attempt or appear to regulate, warn or direct
highway traffic or to imitate or resemble official traffic signs,
signals or devices.
(3)
Not project over property lines or be located within
the public right-of-way.
(4)
Neither be roof-mounted nor parapet-mounted nor otherwise
mounted on a building in such a way so as to extend above the wall
of the building to which they are attached.
(5)
Not rotate or otherwise move, nor shall they be illuminated
by or contain flashing, intermittent, rotating or moving light or
lights.
(6)
Freestanding signs shall not be internally illuminated.
[Amended 10-13-1994 by L.L. No. 1-1994]
(7)
If freestanding, not exceed 10 feet in height or be
located closer than 20 feet to any property line.
(8)
If suspended or projecting, not exceed 11 feet in
height and shall provide for a minimum clearance of eight feet above
any sidewalk or other pedestrian way.
B.
Temporary signs. The following temporary signs are
permitted without application for and issuance of a permit:
(1)
Construction signs, limited to one unlighted sign
not exceeding 12 square feet in surface area and identifying the parties
involved in the design, financing and/or provision of labor and materials
associated with the construction on the premises where the sign is
located, but not including the advertisement of any product. Such
signs shall be removed prior to the issuance of a certificate of occupancy
and the initiation of the intended use.
(2)
Event signs, not exceeding 24 square feet in surface
area, displayed on private property and limited to one such event
sign per premise, announcing a campaign, drive or event of a civic,
philanthropic, educational or religious organization, to be erected
not more than 14 calendar days prior to the event and removed within
a period of 24 hours after the event.
(3)
Real estate "for sale" signs and signs of a similar
nature not exceeding six square feet per side in area on the premises
for sale or lease. All such signs, not to exceed two per premises,
shall be removed immediately upon sale or lease of the premises.
(4)
Nonilluminated window advertising signs which occupy
no more than 10% of the total window area of the principal facade
or facades of the establishment.
C.
Permitted identity and accessory identity signs. Upon
the filing of an application and payment of the required sign permit
fee in accordance with a schedule established and reviewed annually
by the Town Board, and the issuance of a sign permit by the Building
Inspector, the following signs shall be permitted in accordance with
the identified standards related to number, size and location. The
application for a sign permit shall be accompanied by a general description
and a scaled graphic representation of the sign, including height,
width and depth of the sign, method of construction and location.
Permitted identity and accessory identity signs shall be as follows:
(1)
For permitted home occupations, a single identity
sign not exceeding four square feet in total surface area and identifying
the occupation conducted on the premises. Unless attached to the principal
structure, no such sign shall be located closer than 15 feet to the
front property line or closer than 25 feet to any other property line.
(2)
For nonresidential uses within the CR, RR and AR Districts,
a single identity sign not exceeding 12 square feet in surface area
per side, except as otherwise stated by this chapter, and identifying
only the name of the establishment and its principal service or purpose.
[Amended 10-13-1994 by L.L. No. 1-1994]
(3)
A residential identity sign at each principal access
point stating the name of a residential subdivision or multifamily
development, not exceeding 12 square feet in surface area and located
no closer than 15 feet to the public right-of-way.
(4)
For nonresidential uses in the Rural Center (RC) District,
a freestanding identity sign not to exceed 22 square feet in surface
area and/or one identity wall sign mounted to the surface of the building
and/or one changeable letter sign. The maximum total signage per premises
shall be 30 square feet. When two wholly independent businesses or
activities are located on a single premises in the RC District, one
complex sign not to exceed 22 square feet of surface area on both
sides shall be allowed. Within the business complex, a single identity
wall sign not exceeding eight square feet of surface area may be provided
for each business or activity; however, such signs shall be considered
as a part or portion of the maximum total signage of 30 square feet
of surface area per premises, as noted above.
[Amended 10-13-1994 by L.L. No. 1-1994]
Except when incidental to the construction of a building on the same lot, for which building a duly authorized building permit has been issued, or incidental to subdivision development or similar land development activity for which subdivision plat or site plan approval has been granted by the Town Planning Board and/or which is otherwise exempt from the definition of "mining" found in Article XII, § 164-59, of this chapter, excavation, processing or sale of sand, gravel, topsoil or other natural mineral deposits, or the quarrying of any kind of rock formation, may only occur in the Agricultural Residential (AR) District.
A.
Purpose.
(1)
It is the intent of the Town of Stanford to maintain
open space whenever possible in order to preserve the rural and agricultural
quality of the Town.
(2)
The purpose of the cluster provision in this chapter
is to permit the grouping of single-family detached dwellings on suitable
soils within the Rural Residential (RR) District on lots of a reduced
area and to distribute the open space made available by this reduction
to achieve a design of such subdivision to accommodate residential
development in a manner which will preserve and protect certain agricultural
soils and minimize the impact of development on open space in general
and, more particularly, on environmental features of the proposed
development area.
(3)
The Planning Board, upon review of a residential subdivision
proposal, may require the applicant to provide a cluster subdivision
in compliance with this chapter and other duly adopted standards to
accomplish the intent and purpose stated herein.
(4)
The applicant will only be required to provide a cluster
subdivision when one or more of the following objectives, in the opinion
of the Planning Board, is better accomplished by a cluster subdivision
as compared to a conventional subdivision with residential lots occupying
most of the tract:
(a)
Preservation of contiguous important agricultural
soils with a crop productivity rating of five or less, as established
by New York State Department of Agriculture and Markets (1984).
(b)
Maintenance of active agricultural crop land.
(c)
Protection of the ground- or surface water,
wetlands, floodplains or unique areas of natural or historical significance.
(e)
Preservation of open space to provide a visual
screen or separation between structures and places commonly occupied
by the public.
(f)
Reduction in the number of new roads or driveways
obtaining access from existing roads.
(g)
Reduction in the amount of new road to be dedicated
to the Town.
(h)
Accomplishment of specific goals set forth in
the Town's Comprehensive Plan.
B.
Standards. Upon the presentation of a plat for a clustered
land subdivision for single-family detached residential dwellings
to be approved by the Planning Board showing all natural and proposed
features of the subdivision, the Planning Board may waive the heretofore
established requirements and the required lot sizes, pursuant to § 281
of the Town Law, provided that:
(1)
The lot size per single-family detached residential
dwelling is not less than one acre.
(2)
The frontage on a public right-of-way is not less
than 25 feet for half the lots in a clustered group nor less than
50 feet for the remaining lots in the clustered group. Not more than
two twenty-five-foot frontages shall be adjacent to each other.
(3)
The building height is not more than 35 feet.
(4)
The lot width at the building line is not less than
100 feet.
(5)
The lot depth is not less than 200 feet.
(6)
The distance between buildings shall be no less than
150 feet.
(7)
The side yard is not less than 25 feet.
(8)
The front and rear yard shall not be less than 50
feet, except that, if adjacent to a designated open space area providing
at least 200 feet to the nearest property line, then the front and
rear yard shall not be less than 25 feet.
(9)
All clusters shall be separated by a minimum of 400
feet of open space.
(10)
The minimum distance between clustered lot and
tract property shall be 150 feet.
(11)
The minimum gross lot size for a cluster development
shall be 20 acres.
(12)
The permanently deeded open space area shall
be not less than 75% of the tract area for residential lots clustered
in a five-acre density area.
[Amended 1-9-2003 by L.L. No. 1-2003]
(13)
The maximum amount of impervious surface shall
not be more than 5% of the gross lot size of the cluster development.
Impervious surface includes all man-made construction that does not
allow water to readily penetrate, such as but not limited to building
areas, roads and walks.
(14)
In no case shall the permitted number of dwelling
units exceed the number of dwelling units that would be permitted,
in the Planning Board's judgment, if the land had been divided into
lots conforming to the minimum lot size of this chapter applicable
to the zone or zones in which such land is situated and conforming
to all other applicable requirements.
(15)
Building lots shall be required, whenever possible
in the Planning Board's judgment, to be situated on suitable soils
to tolerate development of the site for residential purposes, such
as for septic tanks. Open space shall be required whenever possible,
in the Planning Board's judgment, to be situated on soils other than
such suitable soils mentioned above.
[Amended 1-9-2003 by L.L. No. 1-2003]
C.
Open space lands.
(1)
Conditions regarding the long-term ownership, use,
maintenance and permanent protection of all common lands within a
cluster subdivision shall be set forth by the subdivider in consultation
with the Planning Board.
(2)
The following minimum standards shall, however, be
strictly met:
(a)
The open space land shall be shown on the plat
and shall be labeled in a manner to indicate that such land is not
to be platted for building lots and is permanently reserved for open
space purposes.
(b)
A perpetual conservation easement leaving the land forever wild or limiting the use of such land to agricultural, managed forest land, passive recreational or open space use and prohibiting residential, institutional, industrial or commercial use of such open space land, pursuant to § 247 of the General Municipal Law and/or §§ 49-0301 through 49-0311 of the Environmental Conservation Law, shall be granted to the Town, with the approval of the Town Board, or to a qualified not-for-profit conservation organization acceptable to the Planning Board. Such conservation easement shall be reviewed and approved by the Planning Board and shall be required as a condition of plat approval under Chapter 140, Subdivision of Land. The conservation easement shall not be amendable to permit commercial, industrial, institutional or residential development and shall be recorded in the Dutchess County Clerk's office simultaneously with the filing of an approved cluster subdivision plat.
(c)
Open space land may be owned in common by a
homeowners' association, dedicated to the Town or held in private
ownership subject to a permanent conservation easement. If owned by
a homeowners' association, the common open space land shall be protected
by conservation easement from future subdivision and development.
The Planning Board shall assure that proper provision has been made
for ownership and maintenance of open space land. Ownership shall
be structured in such a manner that real property taxing authorities
may satisfy property tax claims against the open space lands by proceeding
against all individual owners in the homeowners' association and the
dwelling units they each own. Ongoing maintenance standards shall
be established, enforceable by the Town against an owner of open space
land as a condition of subdivision approval, to assure that the open
space land does not detract from the character of the neighborhood.
[Added 5-8-1997 by L.L. No. 1-1997]
A.
Definitions and application. Logging or timber harvesting
is defined as timber harvesting or the cutting of timber or trees
in excess of 25 cords of wood, or 10,000 board feet of lumber from
timber or trees, in any one calendar year. Logging shall not include
timber harvesting or tree cutting for consumption as fuel or lumber
on premises or associated with the clearing for farmland or house
sites.
B.
Permit required. Any person, company, corporation
or other entity seeking to log trees or timber in excess of the above
amount must first obtain a logging permit from the Town of Stanford.
All logging must be done in compliance with New York State Department
of Environmental Conservation Laws, Rules and Regulations and be in
compliance with the Soil Erosion and Sediment Laws of the Town of
Stanford,[1] as well as any applicable county and state regulations.
C.
The owner of the real property, or his or her designated
agent or representative, must complete an application for a logging
permit. In such application, it must set forth the property to be
logged and set forth all adjoining property owners and the addresses
of the same as set forth on the most current assessment or tax map
records maintained by the Town of Stanford.
D.
The application must have a copy of a survey or a
tax map for the subject property to be logged, along with a designation
on such survey or tax map of the specific are to be logged.
E.
The applicant must apply for and provide a proper
driveway permit from the applicable Town, county or state highway
departments, depending on the access to the logging area and the road
which such access will occur. If a driveway permit is not required,
the applicant will provide evidence of the exemption of this requirement
by such municipal authority.
F.
The applicant or the agent or representative must
physically mark the logging area and the property line within the
immediate proximity of the logging site. The Building Inspector of
the Town of Stanford shall inspect the site to review the physical
marking of the property to be logged and the property line prior to
issuing any permits hereinunder.
G.
The owner, applicant or its agent or representative
shall notify all property owners adjacent to the logging site on the
intent to harvest timber or log the property. Such letters must be
sent certified mail, return receipt requested, by the owner or its
agent to all of the adjacent landowners, with the information as to
names and addresses obtained from the most current assessment or tax
map records maintained by the Town of Stanford. The owner or applicant
will provide proof of service of such letters on the date mailed by
the owner or applicant, as well as the actual return receipt cards
prior to the issuance of a permit. In the event that a return receipt
card is not returned within 15 days of the date of mailing, the mailing
shall be deemed complete notwithstanding the absence of the return
receipt card. Compliance with the mailing procedure shall be certified
to the Building Inspector or other Town employee in charge of this
matter. Provided that there has been substantial compliance with this
provision, the failure to give notice in exact conformance herewith
shall not be deemed to invalidate any action taken by the Town or
the Building Inspector in the application or issuance of a permit.
H.
The owner or applicant shall submit the completed
application, property survey or tax map, driveway permit and proof
of mailing to the Building Inspector for his or her review. Upon submission
of the completed application, the Building Inspector shall review
the same to determine if it meets the requirements and guidelines
of this section. If the application is complete and in compliance,
the Building Inspector shall have 15 days to issue a permit or deny
the same for being incomplete. In the event that the Building Inspector
does not take action in granting or denying the application within
15 days of the submission of a completed application, the application
shall be deemed approved and the permit shall be issued. The logging
permit shall be conspicuously displayed near the entrance on the property
to the logging area. Such permit must be displayed while logging is
ongoing.
I.
The Town shall develop guidelines and forms for the
issuance of the logging permit and the information given and required
to be submitted by the owner or the applicant.
J.
The Building Inspector shall enforce the provisions of the logging permit under the provisions of §§ 164-47 and 164-68 of the Town of Stanford Code. Any reference therein to building permits shall include logging permits as may be granted hereunder. Any violation of this section shall have all of the enforcement powers of the Zoning Code, including but not limited to, a stop-work or cease and desist order, an injunction or civil or criminal prosecution as permitted by the Town Code.
[Added 7-8-1999 by L.L. No. 2-1999]
Horses are permitted to be cared for, kept and
harbored in the Town of Stanford. "Horse operations" shall mean the
use of any parcel of land of any size for the commercial or private
use for horses, including, but not limited to, boarding, breeding,
training, riding academies, livery and pleasure, for recreation or
competition. The keeping of horses is permitted in all zoning districts,
provided that the following standards and requirements are met:
A.
There is a minimum lot size of one acre. In the Rural
Center (RC) and the Lake Recreations (LR) Districts of the Town zoning
districts, there shall be a minimum of one acre for the first horse
and 1/2 of an acre for each additional horse.
B.
Adequate provisions shall be made for the disposal
of stable manure so as to prevent any health hazard or nuisance condition
with respect to the adjacent properties or the general community,
including, but not limited to, water and air pollution.
C.
In all zoning districts, not more than 10 cubic yards
of stable manure shall be stored within 100 feet from any residence,
well, stream or body of water. This restriction shall include the
subject property and all adjoining properties. The Building Inspector
or Code Enforcement Officer may require adequate identification and
proof of such setbacks and distances from such locations, which may
include a map identifying the same.
D.
Adequate safety fencing shall be installed by the
owner or operator and maintained to safely contain the horses within
the property lines of the lot.
E.
Nothing contained herein shall be intended to supersede
or prevent the safekeeping and humane treatment of horses.
[Added 8-5-2002 by L.L. No. 2-2002]
A.
Airfields are not a permitted use in any of the zoning
districts of the Town of Stanford.
B.
Emergency use exception. The landing, touchdown, or
take off of an aircraft for emergency purposes, such as police, law
enforcement, medical, fire, or natural disasters, shall be permitted
in all zoning districts of the Town of Stanford. The Building Inspector
is permitted to investigate any circumstances to verify such emergency
use.
[Added 2-10-2022 by L.L. No. 1-2022]
A farmers' market, as that term is defined in § 164-59 of this chapter, shall be permitted as a primary or accessory use in the Agricultural Residential District (AR) and the Rural Center District (RC) of the Town and shall be subject to the following regulations:
A.
A farmers' market shall require the issuance of a farmers'
market permit by the Town Building Inspector by application on forms
provided by the Town Building Department, subject to the fees set
by the Town Board in its Fee Schedule on an annual basis, and only
in the AR and RC Zoning Districts.
B.
The farmers' market structures shall consist solely of temporary
or portable accessory structures, such as tents or similar shelters,
which shall not exceed a combined 10,000 square feet of floor space.
Such structures may be erected only during periods of farmers'
market activity and may be in place not more than 24 hours prior to
or following such farmers' market activity. The display of signage
shall be restricted to the same time requirements and limited to on-site
locations.
C.
Adequate provision shall be made on site and/or on public property
for parking for vendors and the public.
D.
The farmers' market shall be maintained in a neat, clean and
orderly manner.
