[Amended 9-14-2015 by L.L. No. 1-2015]
Any use not specifically set forth as a permitted use (as of right, accessory, or upon special permit, as the context may admit) in any zoning district shall be expressly prohibited in that district. A use specifically set forth as a permitted use in one district shall not be permitted in another district unless it is specifically set forth as a permitted use in said other district. Without limiting the generality of the foregoing, for purposes of clarity, certain uses are explicitly prohibited in each and every zoning district as more fully set forth in § 182-17.1A hereof.
A.
One principal building and use per lot. There shall not be more than
one principal building and one principal use on any one lot in the
Agricultural Residential A-R and the Residential R Districts, except
as provided for in the following:
(1)
An approved multifamily dwelling project.
(2)
A single-family dwelling accompanying a nonresidential use permitted
on a lot in A-R and R Districts.
(3)
A single-family dwelling accompanying a nonresidential use requiring
a special use permit in A-R and R Districts, if approved by the Planning
Board as part of the special use permit application process.
B.
Yard and open space for every building. No yard or other open space
provided about any building for the purpose of complying with the
provisions of these regulations shall be included as any part of the
yard or open space for any other building; no yard or any other open
space on one lot shall be considered as a yard or open space for a
building on any other lot.
C.
Subdivision of a lot. Where a lot is formed hereafter from the part
of a lot already occupied by a building, such separation shall be
effected in such manner as not to impair conformity with any of the
requirements of this chapter with respect to the existing building
and all yards and other required spaces in connection therewith, and
no permit shall be issued for the erection of a building on the new
lot thus created unless it complies with all the provisions of this
chapter.
D.
Irregularly shaped lots. Where a question exists as to the proper
application of any of the requirements of this chapter to a particular
lot or parcel because of the peculiar or irregular shape of the lot
or parcel, the Board of Appeals shall determine how the requirements
of this chapter shall be applied.
E.
Lots under water or subject to flooding. No more than 25% of the
minimum area requirements of a lot may be fulfilled by land which
is under water or subject to periodic flooding. Land which is under
water that is open to use by persons other than the owner of the lot
shall be excluded entirely from the computation of the minimum area
of the lot. For the purposes of this section, land in the bed of a
stream not exceeding five feet in width at mean water level, and land
in any pond not exceeding 150 square feet in area shall not be considered
as under water. Where any area is separated from the main body by
water, such separated land shall not be included in computing lot
area.
F.
Required road frontage. No zoning permit shall be issued for any
structure unless the lot upon which that structure is to be built
has a continuous stretch of required frontage on a road, as defined
herein, which road frontage provides the actual access to such structure,
and which road shall have been suitably improved to Town Board standards
or a bond posted therefor to the satisfaction of the Town Board or
Planning Board, as provided in § 280-a of the Town Law.
G.
Parts of lot not counted toward area requirements. For any lot created
by subdivision subsequent to the effective date of this chapter, no
part of such lot less in width than 1/2 of the minimum requirements
for the district in which it is located shall be counted as part of
the minimum required lot area.
H.
Lot width required. Within any residential district, no part of any
dwelling or other structure housing a main use, and within any business
district, no part of any residence structure, shall be created on
any part of the lot which has a width of less than the minimum requirements
for the district in which it is located.
I.
Fire and Building Code. All structures, including, but not limited
to, manufactured housing, including factory manufactured units, double-wide
premanufactured units and mobile home units, installed, built, erected
or placed within the Town of Stafford shall meet the then existing
criteria of the New York State Uniform Fire and Building Code as it
exists from time to time.
A.
Porches and decks. An unenclosed porch or deck may project into a
required yard area not more than eight feet. To be considered unenclosed,
a porch or deck may have a roof but shall not have any vertical enclosures
other than a security railing. Any enclosed porch or deck or any two-story
porch or deck shall be considered a part of the principal building
and shall not project into any required yard area.
B.
Projecting horizontal architectural features. Architectural features,
such as window sills, belt courses, chimneys, cornices, eaves or bay
windows, shall not project more than three feet into any required
yard, but not nearer than eight feet from the lot line in any case.
The sum of any bay window projections on any wall shall not exceed
1/4 the length of any said wall.
C.
Fire escapes. Open fire escapes may extend into any required yard.
E.
Corner lots. Any yard adjoining a street shall be considered a front
yard for the purposes of this chapter and shall comply with all requirements
for a front yard in the district in which located. The remaining yards
shall be considered side yards.
F.
Swimming pools. All swimming pools shall be considered accessory
structures and shall be located in either the rear or side yard and
set back the minimum distance required for other buildings and structures.
Swimming pools shall be fenced in and alarmed in accordance with the
provisions of the New York State Uniform Fire Prevention and Building
Code.
G.
Buffer areas. Wherever a buffer area is required by this chapter,
it shall meet the following standards:
(1)
Be at least 15 feet in width along any lot line abutting a lot in
an R or A-R District, unless otherwise specified or reduced by the
Planning Board through the site plan review process.
(2)
Be of evergreen planting of such type, height and spacing as, in
the judgment of the Planning Board, will screen the activities on
the lot from view of a person standing at street level on the adjoining
residential lot. The plan and specifications for such planting shall
be filed with the approved site plan for the use of the lot.
(3)
A wall or fence of location, height and design approved by the Planning
Board may be substituted for the required planting.
H.
Exterior lighting. All exterior lighting in commercial and industrial
zoning districts, including the lighting of signs, shall be of such
type and location and shall have such shading as will prevent the
source of the light from being seen from any adjacent residential
property or from the street.
I.
Height exceptions.
(1)
District building height regulations shall not apply to flagpoles,
radio or television antennae, transmission towers or cables, spires
or cupolas, chimneys, elevator or stair bulkheads, penthouses, parapets
or railings, water tanks or cooling towers, or any similar structures,
provided that such structures are located on the roof and in their
aggregate coverage occupy no more than 10% of the roof area of the
building, and provided such structures pose no hazard to aircraft
operations.
(2)
District building height regulations shall not apply to radio or
television antennas and commercial communication antennas or towers,
provided such structures do not present a hazard to aircraft operations.
Except as hereinafter provided, the lawful use of any buildings
or land existing at the time of the enactment or amendment of this
chapter may be continued although such use does not conform with this
chapter.
A.
Nonconforming lots. A nonconforming lot shall not be further reduced.
B.
Nonconforming structures. A nonconforming structure or part thereof may be restored to a safe condition only to the extent of its prior nonconformity or in compliance with this section. Subject always to the provisions of Subsection D of this § 182-14, a nonconforming structure may be enlarged as a matter of right, provided the enlargement does not either increase the nonconformity of the structure with respect to property boundaries (minimum required yard areas) or result in extension of the structure into an area which is less than 50% of the minimum required yard area. For example, a structure nonconforming by reason of its nearness to a side lot line may be extended rearward, provided the extension does not further reduce the side yard, is located a distance which is at least 1/2 the minimum required yard area off of the property line and does not extend into any other required yard area. This section shall not apply to nonconforming signs (see § 182-31).
[Amended 9-14-2015 by L.L. No. 1-2015]
C.
Nonconforming uses. Subject always to the provisions of Subsection D of this § 182-14:
[Amended 9-14-2015 by L.L. No. 1-2015]
(1)
A nonconforming use may be converted to a conforming use as a matter
of right, however, once a nonconforming use has been changed to a
conforming use, it shall not then be changed back to a nonconforming
use.
(2)
A nonconforming use may be enlarged by special permit only (see § 182-50) as long as:
(a)
The enlargement is in connection with the same business.
(b)
The enlargement is upon the same lot occupied by the use at
the effective date of this chapter.
(c)
The enlargement does not create a greater deviation from the
standards contained in this chapter.
(d)
Such other conditions as may be deemed appropriate by the Planning
Board are met.
(3)
The right to continue a nonconforming use, once established and not
abandoned, runs with the land, and this right is not confined to any
one individual or corporation.
(4)
A nonconforming building may not be reconstructed or structurally
altered during its life to an extent exceeding in aggregate cost 50%
of the assessed value of the building unless said building is changed
to a conforming use.
(5)
A nonconforming use discontinued for a period of one year or more
shall be considered abandoned and shall not be reestablished or revived
except by grant of a special use permit by the Planning Board.
D.
Preexisting, nonconforming natural gas and/or petroleum extraction
activities. Notwithstanding any provision of this chapter to the contrary,
any natural gas and/or petroleum extraction activities that are being
conducted in the Town as of the effective date of Local Law 1 of 2015
shall be subject to the following:
[Added 9-14-2015 by L.L.
No. 1-2015]
(1)
Preexisting, nonconforming uses.
(a)
If, as of the effective date of Local Law 1 of 2015, a natural gas well located within the Town is producing usable quantities of natural gas which are being consumed by the owner of such well, then and only then such well shall be considered a preexisting, nonconforming use and shall be allowed to continue, subject, however, to the provisions of Subsections (2) and (3) of this Subsection D.
(b)
Natural gas and/or petroleum extraction activities that are being conducted in the Town as of the effective date of Local Law 1 of 2015 and which do not qualify for treatment under the preceding Subsection (1)(a) of this Subsection D shall not be grandfathered (or be permitted to continue or deemed lawful preexisting uses).
(2)
Upon the depletion, closing, or reclamation of any well which is allowed to remain in operation after the effective date of this subsection by virtue of Subsection (1)(a) of this Subsection D, or upon any other substantive cessation of natural gas and/or petroleum extraction activities for a period of more than 12 months, then and in either of such events the preexisting and/or nonconforming use status (and any related "grandfathering rights") of or relating to such activity shall terminate.
(3)
Notwithstanding any provision hereof to the contrary, the preexisting, nonconforming status conferred and recognized by Subsection (1)(a) of this Subsection D is not intended, and shall not be construed, to authorize or grandfather any natural gas and/or petroleum extraction activities extending beyond those existing as of the effective date of Local Law 1 of 2015, and any expansion or attempted or purported expansion of a grandfathered well, whether as to its production, depth, horizon(s) or otherwise, shall not be grandfathered under Subsection (1)(a) of this Subsection D.
A.
Accessory buildings and structures, other than temporary school bus
stations and vegetable stands, shall not be located within the front
yard.
B.
Accessory buildings are permitted as follows:
(1)
Accessory building with a total floor area of 150 square feet or
less and a building height of not more than nine feet shall be permitted
within five feet of the rear and side lot lines when located in the
rear yard area.
(2)
Accessory buildings with a total floor area between 151 square feet
and 500 square feet and a building height of less than 20 feet, shall
be permitted within 15 feet of the rear and side lot lines when located
in the rear yard.
(3)
Accessory buildings with a total floor area greater than 500 square
feet or a building height greater than 20 feet shall be located in
compliance with the required yard areas for principal buildings in
the respective district.
C.
Accessory structures, other than buildings, are permitted as follows:
(1)
Accessory structures equal to or less than 15 feet in height, including
satellite dishes with a diameter of 13 feet or less, shall be permitted
within five feet of the rear and side lot lines when located in the
rear yard area. Satellite dishes of three feet or less in diameter,
if located in the rear yard area, and if in compliance with the lot
line requirements contained in this subparagraph, may be located without
a prior permit.
(2)
Accessory structures greater than 15 feet in height, including production
model wind energy conservation systems (windmills) and satellite dishes
greater than 13 feet in diameter, shall be located in compliance with
the required yard areas for principal buildings in the respective
district.
(3)
Satellite dishes of greater than six feet in diameter are not permitted
on the roof of any building or structure.
(4)
Swimming pools shall be located in the rear yard and shall comply
with the required rear and side yard areas for principal buildings
in the respective district.
Surface grades of front yards of dwellings measured at the midpoint
of the front wall shall be at least one foot above the elevation of
the road's center line, unless adequate site drainage is provided
otherwise.
[Amended 9-14-2015 by L.L. No. 1-2015]
Any use not specifically set forth as a permitted use (as of right, accessory, or upon special permit, as the context may admit) in any zoning district shall be expressly prohibited in that district. A use specifically set forth as a permitted use in one district shall not be permitted in another district unless it is specifically set forth as a permitted use in said other district. Without limiting the generality of the foregoing, for purposes of clarity certain uses are explicitly prohibited in each and every zoning district as more fully set forth in § 182-17.1A hereof.
[Added 9-14-2015 by L.L.
No. 1-2015]
A.
Explicitly prohibited uses.
(1)
Without limiting the generality of the statements elsewhere
in this chapter that any use not specifically set forth as a permitted
use (as of right, accessory, or upon special permit, as the context
may admit) in any particular zoning district shall be expressly prohibited
in that district, the following uses and activities are hereby expressly
and explicitly prohibited in each and every zoning district within
the Town, and no building or structure shall be created, altered or
erected, and no body of water, land or building thereon shall be used,
for any of such uses or activities:
(a)
Land application facility;
(b)
Natural gas and/or petroleum exploration activities;
(c)
Natural gas and/or petroleum extraction activities;
(d)
Natural gas and/or petroleum exploration, extraction or production
wastes disposal/storage facility;
(e)
Natural gas and/or petroleum exploration, extraction, or production
wastes dump;
(f)
Natural gas compression facility;
(g)
Natural gas processing facility;
(h)
Underground injection; and
(i)
Underground natural gas storage.
(2)
Any condition caused or permitted to exist in violation of this Subsection A is a threat to public health, safety and welfare, and is hereby declared and deemed to be a nuisance. Collectively the above expressly prohibited uses may be referred to in this law as "explicitly prohibited uses," any one of the above expressly prohibited uses may be referred to in this chapter as an "explicitly prohibited use," and any combination of more than one such use may also be referred to as "explicitly prohibited uses."
B.
Prohibition against natural gas and/or petroleum exploration, extraction
or production wastes.
(1)
The Town of Stafford hereby exercises its authority and right
under New York Environmental Conservation Law § 27-0711
to adopt a local law that is consistent with the Environmental Conservation
Law Article 27, such consistency demonstrated by the fact that this
section complies "with at least the minimum applicable requirements"
set forth in such statute, and the rules and regulations promulgated
pursuant to said Article 27.
(2)
It shall be unlawful for any person to produce, store, inject,
discard, discharge, dispose, release, or maintain, or to suffer, cause
or permit to be produced, stored, injected, discarded, discharged,
disposed, released, or maintained, anywhere within the Town, any natural
gas and/or petroleum exploration, extraction or production wastes.
C.
No application to customary local distribution lines, etc. The prohibitions set forth above in Subsection A of this § 182-17.1 are not intended, and shall not be construed, to:
(1)
Prevent or prohibit the right to use roadways in commerce or
otherwise for travel;
(2)
Prevent or prohibit the transmission of natural gas through
utility pipes, lines, or similar appurtenances for the limited purpose
of supplying natural gas to residents of or buildings located in the
Town; or
(3)
Prevent or prohibit the incidental or normal sale, storage,
or use of lubricating oil, heating oil, gasoline, diesel fuel, kerosene,
or propane in connection with legal agricultural, residential, business,
commercial, and other uses within the Town.
All one- and two-family dwelling units located on individual lots shall have a minimum outside width of at least 18 feet. This provision shall not prohibit the construction of smaller additions or projections from larger units (less than 18 feet wide), provided a eighteen-foot minimum width is clearly established for the overall unit. This minimum dimensional criteria shall be required at all conventional built (i.e., on-site and factory manufactured) units and mobile homes, other than replacement of existing mobile homes in compliance with § 182-28.
See Zoning Schedule A.[1]
[1]
Editor's Note: Schedule A is included at the end of this chapter.
The R District is designed to accommodate primarily residential
uses on lots with a minimum area of 30,000 square feet, or 20,000
square feet if serviced by public water and with zoning permit contingent
upon proper documentation and approvals from the County Health Department
that the wastewater (septic) system is appropriately designed. The
purpose of this district is to encourage residential growth in areas
of the Town which have existing concentrations of residential uses.
The Residential District will allow for more economical provisions
of public services, such as water and sanitary sewer, should the need
arise at some future date.
A.
Permitted uses. The following uses are permitted in R Zones:
(2)
Home occupations.
(3)
Agricultural uses and all sound agricultural practices, excluding
the storage of manure and stabling of farm animals outside of a NYS
Certified Agricultural District.
(5)
Accessory uses and buildings and buildings incidental to and on the
same lot as the principal use, which may include but are not limited
to, the following:
(a)
Private garages.
(b)
Accessory apartments.
(c)
Swimming pools and tennis courts (noncommercial).
(d)
Agricultural accessory uses, excluding the storage of manure
and stabling of farm animals outside of a NYS Certified Agricultural
District.
(e)
Signs and off-street parking subject to the provisions of this
chapter.
B.
Uses by special use permit. The following uses, including accessory
buildings, are permitted in R Districts upon issuance of special use
permit by the Planning Board unless reserved for the Town Board and
so indicated by reference in parenthesis in this text or amendment
thereof.
(3)
Neighborhood commercial. An individual commercial use (or leasable
business space) shall not exceed 2,000 square feet of floor area per
story and shall not include drive-through services. Maximum commercial
floor area shall not exceed 5,000 square feet total per neighborhood
commercial site. Floor area is measured by totaling the interior floor
area of all building stories, except crawl spaces (i.e., with less
than 7 1/2 feet of vertical clearance).
The Agricultural-Residential District is designed to accommodate
primarily agricultural uses in order to preserve the Town's agricultural
base and maintain its rural nature, but residential uses are permitted
therein. The minimum lot size for a single-family dwelling is 40,000
square feet. It is recognized, however, that agricultural and residential
uses have a number of inherent conflicts between them. Individuals
who plan to develop residential uses within the A-R District should
be aware of such inherent conflicts and that residences are a secondary
use.
A.
Permitted uses. The following uses are permitted in A-R Zones:
(1)
Agricultural uses and all sound agricultural practices and similar activities are carried out in compliance with § 182-33.
(3)
Home occupations.
(4)
Public and institutional:
(a)
Churches and places of worship.
(b)
Government offices and facilities.
(c)
Emergency services (public and volunteer).
(d)
Community centers.
(e)
Public parks and recreational facilities.
(f)
Clubs (provided that any outdoor shooting range associated with
any club shall be located a minimum distance of 750 feet from the
club's property line, with adequate noise mitigation, environmental
protection and safety features).
(5)
Accessory uses and buildings and buildings incidental to and on the
same lot as the principal use, which may include but are not limited
to, the following:
B.
Uses by special use permit. The following uses, including accessory
buildings, are permitted in A-R Zones upon issuance of a special use
permit by the Planning Board unless reserved for the Town Board and
so indicated by reference in parenthesis in this text or amendment
thereof.
(2)
Public and institutional:
(a)
Utilities (public and private).
(b)
Public telecommunication equipment (including wireless).
(c)
Schools (public and private).
(d)
Clubs (provided that any outdoor shooting range associated with
any club shall be located a minimum distance of 750 feet from the
club's property line, with adequate noise mitigation, environmental
protection and safety features).
(3)
Commercial:
(a)
Agricultural equipment sales, service, repair.
(b)
Aviation landing fields limited to five fixed base aircraft.
(c)
Animal shelters (with an animal waste management plan acceptable
to the Genesee County Soil and Water Conservation District).
(d)
Commercial recreation, indoor or outdoor (Town Board).
(e)
Agricultural based business.
(f)
Dumps and dumping in accordance with Chapter 75, Dumps and Dumping, of the Code of the Town of Stafford, as amended (Town Board).
(g)
Child day-care centers (excluding group family day-care homes,
and family day-care homes).
(h)
Adult care facilities (excluding family-type homes for adults).
(j)
Self-service storage facilities.
(k)
Bed-and-breakfasts.
(l)
Recyclables handling and recovery facilities (Town Board).
(m)
Disposal transfer stations (Town Board).
The C Zone is designed to accommodate commercial and selected
light industrial uses.
A.
Permitted uses. The following uses are permitted in C Zones:
(1)
Commercial:
(a)
Retail sales and services.
(b)
Personal services.
(c)
Professional and administrative offices.
(d)
Hotels and motels.
(e)
Bed-and-breakfasts.
(f)
Self-service storage facilities.
(g)
Child day-care centers (excluding group family day-care homes
and family day-care homes).
(h)
Adult care facilities (excluding family-type homes for adults).
(i)
Boarding houses.
(4)
Home occupations.
(5)
Agricultural uses and all sound agricultural practices and similar activities are carried out in compliance with § 182-33.
(7)
Accessory uses and buildings and buildings incidental to and on the
same lot as the principal use, which may include but are not limited
to, the following:
(a)
Private garages.
(b)
Accessory apartments.
(c)
Swimming pools and tennis courts.
(d)
Agricultural accessory uses, excluding the storage of manure
and stabling of farm animals outside of a NYS Certified Agricultural
District.
(e)
Signs and off-street parking subject to the provisions of this
chapter.
B.
Uses by special use permit. The following uses, including accessory
buildings, are permitted in C Zones upon issuance of a special use
permit by the Planning Board unless reserved for the Town Board and
so indicated by reference in parenthesis in this text or amendment
thereof:
(1)
Commercial:
(a)
Drive-in services.
(b)
Gasoline stations and station-markets.
(c)
Car washes.
(d)
Agricultural equipment sales, service, repair.
(e)
Motor vehicle sales.
(f)
Motor vehicle repair shops.
(g)
Truck stops.
(h)
Manufactured home sales.
(i)
Contractor's yards.
(j)
Recyclables handling and recovery facilities (Town Board).
(k)
Disposal transfer stations (Town Board).
The I Zone is designed to accommodate both light and heavy industrial
uses.
[Amended 9-14-2015 by L.L. No. 1-2015]
The purpose of the planned unit development is to permit greater
flexibility, more creative and imaginative design and utilization
of innovative land development techniques while promoting more economical
and efficient use of land, buildings, circulation systems and utilities,
to provide harmonious land uses which offer a high level of amenities,
to permit a mixture of residential and/or nonresidential uses, and
to preserve natural and scenic qualities of the site during the development
process; provided, however, that notwithstanding any provision hereof
to the contrary and in any event, under no circumstances shall any
explicitly prohibited uses be conducted on or from any planned unit
development.
A.
Procedure for creation of a PUD District.
(1)
The owner of any tract of land in the Town of Stafford consisting
of a minimum of five contiguous acres may petition the Town Board
through the Planning Board to designate the property described in
the petition as a PUD District.
(2)
The petition shall contain the exact name and address of the petitioner
and reference records in the office of the Genesee County Clerk at
which the deed conveying the property in question to the petitioner
is recorded.
B.
Procedure for approval.
(1)
Preapplication conference. Before submission of a preliminary application
for approval as a planned unit development, the developer is encouraged
to meet with the Town Planning Board to determine the feasibility
and suitability of his application before entering into any binding
commitments or incurring substantial expenses of site plan preparation.
(2)
Preliminary plan (rezoning).
(a)
Planning Board review and approval. A preliminary plan application
shall be submitted to the Planning Board at least 15 days prior to
a regularly scheduled meeting. Within 45 days of the next regularly
scheduled meeting, the Planning Board shall recommend approval, approval
with modifications or disapproval of the application to the Town Board.
Failure by the Planning Board to act within the required time period
shall constitute approval and the application shall be forwarded to
the Town Board.
(b)
Submission requirements. The applicant shall submit six sets
of such plans, drawings, elevations, and specifications as may be
necessary and comparable to the requirements of subdivision plat approval.
These six sets shall be submitted to the Zoning Enforcement Officer.
The preliminary plans shall be accompanied by a detailed justification
for the proposal, including such maps, charts and written material
necessary for the Planning Board to make an impartial judgment on
the suitability and impact of the proposed PUD for the Town. Such
material shall include, but not be limited to, the following:
[1]
A mapped preliminary development plan of the property covered
by the petition showing the approximate size and location of the various
development areas (road rights-of-way, single-family housing areas,
multifamily housing areas, commercial and open space areas, etc.),
the number of residential structures and dwelling units within each
residential area, the approximate square footage of nonresidential
use within each nonresidential area and the amount of open space.
[2]
A written description of the proposal, including the major planning
assumptions and objectives, the probable effect on adjoining properties,
the effect on the overall Town development plan and the effect on
this chapter.
[3]
Such additional written material, graphs or charts as are necessary
to present the total number of acres in the site, the number and type
of housing units, the gross and net residential densities, the approximate
selling and/or rental prices of the units, and square feet of nonresidential
floor area, including the approximate selling and/or rental price,
the development schedule expressed in units per month (or year or
any other appropriate time sequence), the phasing plan (if any), the
approximate completion date of the entire project, and the estimated
total construction cost of the project upon completion.
[4]
Such other written or graphic material as is necessary for the
Planning Board to judge the impact of the proposal on the Town. Such
material shall include, but not be limited to: the need for new public
facilities and the adequacy of existing facilities including a statement
of the intent to which the applicant intends to provide needed facilities,
a fiscal impact statement, including a summary of new costs and revenues
to the Town due to the development, the projected new population,
and the method of assuring that all open spaces will be permanently
maintained and devoted to open space uses.
(c)
Review considerations. In review of the preliminary plans, the
Planning Board shall consider the manner with which the proposal fits
the general pattern of land use established by this chapter, and the
protection of the established and permitted uses in the area. It shall
consider the location of main and accessory buildings and their relation
to one another; the circulation pattern of the site, and the amount,
location, and access of parking and off-street loading space facilities;
the height and bulk of buildings; the provision of open spaces, landscaped
areas, signs, and similar features of the site plan; and the safeguards
provided to minimize possible detrimental effects of the proposed
development on adjacent property and the surrounding neighborhood;
the manner of conformance with the official development policies of
the Town; the effect on schools and other municipal facilities; and
the manner in which natural and scenic characteristics of the site
are preserved.
(d)
Town Board review and approval. Upon receipt of the Planning
Board's recommendation, the Town Board may, after a public hearing
and forwarding the proposed zone change to the County Planning Board
for review, amend this chapter so as to establish and define the boundaries
of the planned unit development; provided, however, that notwithstanding
any provision hereof to the contrary and in any event, under no circumstances
may any explicitly prohibited uses be authorized or allowed to be
conducted on or from any planned unit development. If the rezoning
request is approved to the PUD, such action does not authorize improvements
to the rezoned land.
[Amended 9-14-2015 by L.L. No. 1-2015]
(3)
Final plan.
(a)
Ownership. Before final approval of the PUD, the applicant must
show evidence of the full legal ownership in the land.
(b)
Planning Board review and approval. Upon approval of the zone
change, the applicant has one year in which to submit a final plan
to the Planning Board for review and recommendation to the Town Board.
This submittal must be presented at least 15 days prior to the next
regularly scheduled meeting of the Planning Board. Within 45 days
of the next regularly scheduled meeting, the Planning Board shall
recommend approval, approval with conditions or disapproval of the
application to the Town Board.
(c)
Submission requirements. The applicant shall submit detailed
site plans comparable to the requirements for final approval of a
subdivision plat.
(d)
Town Board review and approval. The Town Board shall make final
approval in accordance with official Town development policies and
may impose reasonable conditions relating to that plan.
C.
Design standards.
(1)
Area requirements. Area, yard, coverage, height, density and supplementary
regulation requirements shall be comparable to minimum requirements
in appropriate zoning districts for each specific use, except where
the Planning Board finds that it is in the public interest to modify
these requirements.
(2)
Traffic and circulation. All proposed public roads should meet municipal
design and construction specifications. Special consideration should
be given to pedestrian movement from the standpoint of safety, convenience
and amenity. Sidewalks, curbs and gutters should be considered in
the design of the overall circulation system.
(3)
Common open space. All common open space should be preserved and
maintained for the intended purpose through one or more of the following
methods:
A.
The Hamlet District (H) is intended to promote the livability, stability
and improvement of the Town's historic center. This section provides
standards for the orderly expansion and improvement of this area based
on the following principles:
(1)
Make efficient use of land and public services, and implement the
Comprehensive Plan, by maintaining the character of the Stafford Hamlet.
(2)
Accommodate a range of housing needs and appropriately scaled commercial
uses.
(3)
Provide for compatible building and site design at an appropriate
neighborhood scale.
(4)
Reduce reliance on the automobile for neighborhood travel and provide
options for walking and bicycling.
(5)
Provide direct and convenient access to parks, civic buildings and
neighborhood services.
B.
Permitted uses. The following uses are permitted in H Zones:
(2)
Home occupations.
(3)
Agricultural uses and all sound agricultural practices, excluding
the storage of manure and stabling of farm animals outside of a NYS
Certified Agricultural District.
(4)
Public and institutional:
(a)
Churches and places of worship.
(b)
Government offices and facilities.
(c)
Emergency services (public and volunteer).
(d)
Community centers.
(e)
Public parks and recreational facilities.
(f)
Clubs (provided that any outdoor shooting range associated with
any club shall be located a minimum distance of 750 feet from the
club's property line, with adequate noise mitigation, environmental
protection and safety features).
(5)
Accessory uses and buildings and buildings incidental to and on the
same lot as the principal use, which may include but are not limited
to, the following:
(a)
Private garages.
(b)
Accessory apartments.
(c)
Swimming pools and tennis courts (noncommercial).
(d)
Agricultural accessory uses, excluding the storage of manure
and stabling of farm animals outside of a NYS Certified Agricultural
District.
(e)
Signs and off-street parking subject to the provisions of this
chapter.
(6)
Neighborhood commercial. An individual commercial use (or leasable
business space) shall not exceed 2,000 square feet of floor area per
story and shall not include drive-through services. Maximum commercial
floor area shall not exceed 5,000 square feet total per neighborhood
commercial site. Floor area is measured by totaling the interior floor
area of all building stories, except crawl spaces (i.e., with less
than 7 1/2 feet).
C.
Uses by special use permit. The following uses, including accessory
buildings, are permitted in H Districts upon issuance of special use
permit by the Planning Board unless reserved for the Town Board and
so indicated by reference in parenthesis in this text or amendment
thereof.
(3)
Neighborhood commercial. An individual commercial use (or leasable
business space) shall not exceed 2,000 square feet of floor area per
story and shall not include drive-through services. Maximum commercial
floor area shall not exceed 5,000 square feet total per neighborhood
commercial site. Floor area is measured by totaling the interior floor
area of all building stories, except crawl spaces (i.e., with less
than 7 1/2 feet of vertical clearance).
(a)
Child day-care centers (excluding group family day-care home
and family day-care home).
(b)
Adult care facilities (excluding family-type home for adults).
(c)
Mixed use building (residential and neighborhood commercial
uses may be mixed "vertically," meaning that a residential use is
developed above the commercial use (i.e., ground floor retail/office
with upper-story apartments), or may be mixed "horizontally," meaning
commercial and residential uses both occupy ground floor space.
The Industrial Park (IP) District is designed to provide areas
within the Town for the design of and development as industrial parks.
The IP District will encompass properties that typically are not accessed
directly from a major highway but instead are serviced by a road system
designed and intended for use by operations within or immediately
adjacent to the industrial park. The IP District is designed to blend
commercial and enclosed industrial uses, thus maximizing the development
potential by encouraging land uses which will complement, rather than
detract from, one another. Given the industrial park setting, the
required minimum lot frontages, lot widths and yard setbacks are less
than those required within the general Industrial (I) Districts.
A.
Permitted uses. The following uses are permitted in the Industrial
Park (IP) District:
B.
Uses by special use permit. The following uses are permitted in the
Industrial Park (IP) District upon the issuance of a special use permit:
(1)
Commercial:
(a)
Retail sales and services.
(b)
Personal services.
(c)
Mixed use buildings (residential on upper floors, other allowed
uses on lower floors).
(d)
Child day-care centers (excluding group family day-care home
and family day-care home).
(e)
Adult care facilities (excluding family-type home for adults).
