Town of Amherst, NY NONRESIDENTIAL DISTRICTS

in the Permitted column of a district use table indicates that a use is allowed by right in the respective district, subject to the use regulations in Part 6. Such uses are subject to all other applicable regulations of this Ordinance.

Special Use. A

in the Special Use column of a district use table indicates that a use is allowed only if reviewed and approved as a special use permit in accordance with § 8-6. Special uses are subject to all other applicable regulations of this Ordinance including the additional standards contained in Part 6, except where expressly modified by the Zoning Board of Appeals as part of the special exception approval process.

Uses Not Allowed. Any unlisted use indicates that the use is not allowed in the particular district.

Uses Not Listed. The Zoning Enforcement Officer shall determine whether or not an unlisted use is similar to an existing use or is substantially similar to an already defined specific use, using the criteria in § 8-12-4, Determination of Similar Uses.

[Amended 3-4-2019 by L.L. No. 6-2019]

Standards. The "Standards" column on the use table is a cross-reference to any limited or special use regulation listed in Part 6.

Developments with Multiple Principal Uses. A development comprised of uses regulated by separate rows on the Use Table shall be reviewed using the most restrictive regulations from among the proposed uses.

§ 4-2 Office Building District (OB)

4-2-1.

Purpose. To provide areas within the Town devoted exclusively to offices by regulating the land area, bulk and spacing of uses, particularly at common boundaries and promoting the most desirable land use and traffic patterns in accordance with the objectives of the comprehensive plan.

4-2-2.

Permitted and Special Uses.

Permitted Uses and Structures.

OB	Permitted	Special Use	Standards
OPEN USES
No open uses allowed
RESIDENTIAL USES
Upper-story dwelling unit			§ 6-2-6
PUBLIC AND CIVIC USES
Day-care center			§ 6-3-2
Minor utilities
Place of worship			§ 6-3-3
Public utility service structure or facility			§ 6-3-4
Public works construction yard [Added 12-7-2009 by L.L. No. 19-2009]			§ 6-3-5
Telecommunication facility			§ 6-7
COMMERCIAL
Bank[1]			§ 4-8-4
Office
Radio or television station [Added 4-12-2010 by L.L. No. 2-2010]
Recording studio [Added 4-12-2010 by L.L. No. 2-2010]
Ground-mounted solar energy systems, Tier III [Added 12-11-2017 by L.L. No. 24-2017]			§ 6-10
Training schools, such as technical, trade, vocational or business
INDUSTRIAL
No industrial uses allowed

[1]

Editor's Note: The entry for "contracting or construction services," which immediately followed this entry, was repealed 10-17-2022 by L.L. No. 19-2022.

Dimensional Standards.

For parcels 30 acres in size or more as of (effective date), the Planned Unit Development Process is required. See § 6-9.

[Added 5-20-2013 by L.L. No. 8-2013; amended 11-3-2014 by L.L. No. 39-2014]

OB Principal & Accessory Use/Structure Dimensional Standards			Vehicle Use Area
Min. lot area		None
Min. lot width		None
Min. front yard
	Height of structure for first 35 ft.	20 ft	15 ft*
	Height of structure for any portion of building above 35 ft.	30 ft	15 ft*
Min. rear yard (abutting residential**/nonresidential)
	Height of structure up to 30 ft	See § 2-5-4B(3)/15 ft	25 ft/10 ft
	Height of structure 30 ft or more	See § 2-5-4B(3)/25 ft	25 ft/10 ft
Min. side yard (abutting residential**/nonresidential)

	Height of structure up to 30 ft	See § 2-5-4B(3)/15 ft	25 ft/10 ft
	Height of structure 30 ft or more	See § 2-5-4B(3)/25 ft	25 ft/10 ft
Max. height		65 ft
Max. building coverage		None
Min. interior building separation		30 ft

*	The entire area must be landscaped.
**	R-R, S-A, R-1, R-2, R-3, CR-3A, TR-3, R-4, MFR-4A, MFR-5, MFR-6, MFR-7, PRD, PDD, PRD, NCD[2]

[2]

Editor's Note: The diagram which immediately followed this table was repealed 2-8-2016 by L.L. No. 2-2016.

4-2-3.

Accessory Uses and Structures. (Office Building District)

[Amended 10-17-2022 by L.L. No. 19-2022]

Permitted Accessory Uses and Structures. The following accessory uses and structures incidental to any permitted principal use are allowed subject to the requirements of § 6-8, Accessory Uses or Part 7, General Development Standards.

OB Permitted Accessory Uses and Structures		Standards
Commercial recreation		§ 6-8-3
Employee lunchroom
Landscaping		§ 7-2
Maintenance facility and air-conditioning, heating and ventilating equipment
Off-street parking, loading, and stacking		§ 7-1
Restaurant without drive-through or outdoor dining		§ 6-8-10 [Amended 10-17-2022 by L.L. No. 19-2022]
Retail stores and services (may be manufactured or assembled on-premise)		§ 6-8-11
Solar energy systems [Added 12-11-2017 by L.L. No. 24-2017]		§ 6-10
Signs		§ 7-8
Small wind energy system [Added 8-17-2009 by L.L. No. 12-2009]		§ 6-8-14
Storage garage
Uses engaged primarily in research and development activities, including:		§ 6-5-1
	Research, experimental and developmental laboratories and facilities;
	Communication, navigation control, transmission and reception equipment;
	Controls equipment and guidance systems;
	Data processing equipment and systems;
	Audio components, radio and television equipment;
	Scientific and medical instruments;
	Microfilming and record preparation;
	Assembly, testing and calibration of components, devices, systems and equipment, such as but not limited to electronic, scientific, medical, optical, biochemical, chemical, metallurgical and pharmaceutical.
Other uses and structures customarily incidental to the principal use

Dimensional Standards. The dimensional standards for an accessory use or structure shall be the same as those for the principal use in § 4-2-2B.

4-2-4.

General Development Standards.

Interior side or rear yards separating parking, loading and stacking area from lot lines are not required for unified developments.

Development in the OB district shall also comply with the requirements referenced in the table below.

OB General Development Standards
Off-Street Parking, Loading and Stacking	§ 7-1
Landscaping, Buffers and Screening	§ 7-2
Site Lighting	§ 7-3
Outdoor Storage and Display	§ 7-4
Fences and Walls	§ 7-5
Access and Circulation	§ 7-6
Provisions for Flood Hazard Reduction	§ 7-7
Sign Regulations	§ 7-8
Performance Standards	§ 7-9
Bulk Storage of Combustible or Flammable Liquids	§ 7-10

§ 4-3 Neighborhood Business District (NB)

4-3-1.

Purpose. To provide neighborhood centers within existing and proposed commercial nodes and mixed use activity centers for the location of commercial uses serving the convenient shopping, professional office and personal service needs of a neighborhood area and to ensure the compatibility of such areas with surrounding residential development. These areas are primarily pedestrian-oriented with accommodations for automobiles.

4-3-2.

Principal and Special Uses.

Permitted Uses and Structures.

NB	Permitted	Special Use	Standards
OPEN USES
No open uses allowed
RESIDENTIAL USES
Upper-story dwelling unit			§ 6-2-6
See § 4-3-3
PUBLIC AND CIVIC USES
Daycare center, nursery or other private school
Minor utilities
Place of worship			§ 6-3-3
Public utility service structure or facility			§ 6-3-4
Public works construction yard [Added 12-7-2009 by L.L. No. 19-2009]			§ 6-3-5
Telecommunication facility			§ 6-7
COMMERCIAL
Advertising agency
Antiques and second-hand merchandise store
Apparel and accessories store
Apparel repair and alterations and shoe repair shop
Bank			§ 4-8-4
Bakery or confectionary shop (retail)
Beauty or barber shop
Book and stationery store			§ 6-4-7 [Amended 12-19-2011 by L.L. No. 34-2011]
Cat boarding facility[1] [Added 2-4-2008 by L.L. No. 1-2008]			§ 6-4-1
Dog day care facility [Added 10-17-2011 by L.L. No. 25-2011]			§ 6-4-13 [Amended 11-5-2012 by L.L. No. 17-2012]
Drug store			§ 4-8-4
Food store
Gymnasium or health club, up to 25,000 square feet [Added 2-4-2008 by L.L. No. 1-2008]
Hardware store
Home furnishing store
Home garden store
Jewelry store
Job printing or photography store
Ice store
Laundromat, cleaning and dyeing outlets and pickup			§ 6-4-6 [Amended 12-19-2011 by L.L. No. 34-2011]
Liquor store
Office
Personal training facility [Added 2-4-2008 by L.L. No. 1-2008]
Photography studio [Added 2-4-2008 by L.L. No. 1-2008]
Printing and photocopying store
Restaurant without drive-through or outdoor dining
Sporting goods or bicycle store
INDUSTRIAL
No industrial uses allowed

[1]

Editor's Note: The entry for "contracting or construction services," which immediately followed this entry, was repealed 10-17-2022 by L.L. No. 19-2022.

Dimensional Standards.

[Amended 1-16-2007 by L.L. No. 2-2007; 8-1-2011 by L.L. No. 19-2011; 11-3-2014 by L.L. No. 39-2014]

NB Principal & Accessory Use/Structure Dimensional Standards			Vehicle Use Area
Max. lot area		1 ac.
Min. lot width		50 ft
Min. front yard
	Height of structure for first 2 stories	20 ft	20 ft
	Height of structure for any portion of building above 2 stories	30 ft	20 ft
Min. rear yard (abutting residential**/nonresidential)		30 ft./15 ft	25 ft/15 ft
Min. side yard (abutting residential**/nonresidential)		15 ft/None or 10 ft min if not on lot line	25 ft/15 ft
Max. height		30 ft
Max. building coverage		55%
Min. interior building separation		None required

*	The entire area must be landscaped.
**	R-R, S-A, R-1, R-2, R-3, CR-3A, TR-3, R-4, MFR-4A, MFR-5, MFR-6, MFR-7, PRD, PDD, PRD, NCD[2]

[2]

Editor's Note: The diagram which immediately followed this table was repealed 2-8-2016 by L.L. No. 2-2016.

4-3-3.

Accessory Uses and Structures.

NB Permitted Accessory Uses and Structures	Standards
Landscaping	§ 7-2
Off-street parking, loading, and stacking	§ 7-1
Signs	§ 7-8
Solar energy systems [Added 12-11-2017 by L.L. No. 24-2017]	§ 6-10
Small wind energy system [Added 8-17-2009 by L.L. No. 12-2009]	§ 6-8-14
Other uses and structures customarily incidental to the principal use

Dimensional Standards. The dimensional standards for an accessory use or structure shall be the same as those for the principal use in § 4-3-2B.

4-3-4.

General Development Standards.

Interior side or rear yards separating parking, loading and stacking area from lot lines are not required for unified developments.

All principal and accessory uses, except signs, outdoor storage and display and off-street parking, loading and stacking, shall be conducted within completely enclosed structures except as expressly set forth in § 7-4.

Development in the NB district shall also comply with the requirements referenced in the table below.

NB General Development Standards
Off-Street Parking, Loading and Stacking	§ 7-1
Landscaping, Buffers and Screening	§ 7-2
Site Lighting	§ 7-3
Outdoor Storage and Display	§ 7-4
Fences and Walls	§ 7-5
Access and Circulation	§ 7-6
Provisions for Flood Hazard Reduction	§ 7-7
Sign Regulations	§ 7-8
Performance Standards	§ 7-9
Bulk Storage of Combustible or Flammable Liquids	§ 7-10

§ 4-4 General Business District (GB)

4-4-1.

Purpose. To provide community centers within existing and proposed commercial nodes and mixed use activity centers for the location of commercial uses which serve a larger market area than a neighborhood center, as articulated in the comprehensive plan, and provide for community-wide needs for general goods and services and comparison shopping. Such uses require larger land areas, generate large volumes of traffic and may generate large amounts of evening activity.

4-4-2.

Principal and Special Uses.

Permitted Uses and Structures.

GB	Permitted	Special Use	Standards
OPEN USES
No open uses allowed
RESIDENTIAL USES
Upper-story dwelling unit			§ 6-2-6
PUBLIC AND CIVIC USES
Ambulance service
Daycare center, nursery or other private school
Minor utilities
Place of worship			§ 6-3-3
Public utility service structure or facility			§ 6-3-4
Public works construction yard [Added 12-7-2009 by L.L. No. 19-2009]			§ 6-3-5
Telecommunication facility			§ 6-7
COMMERCIAL
Advertising agency
Animal grooming, cat boarding facility, hospital or veterinarian. [Amended 2-4-2008 by L.L. No. 1-2008]			§ 6-4-1
Antiques and second-hand merchandise store
Apparel and accessories store
Apparel repair and alterations and shoe repair shop
Archival center
Bakery or confectionary shop (retail)
Bank			§ 4-8-4
Beauty or barber shop
Book and stationery store			§ 6-4-7 [Amended 12-19-2011 by L.L. No. 34-2011]
Commercial recreation activities, indoor
Commercial recreation activities, outdoor[1]
Department store
Dog day care facility [Added 10-17-2011 by L.L. No. 25-2011]			§ 6-4-13 [Amended 11-5-2012 by L.L. No. 17-2012]
Drug store			§ 4-8-4
Employment agency
Farm and garden supply store
Farm equipment sales or service
Food store
Funeral home
Gymnasium or health club [Added 2-4-2008 by L.L. No. 1-2008]
Hardware store
Home furnishing store
Home garden store
House and camping trailer sales, camping equipment and accessories and related repair and service
Household fixture and appliance sales or service
Jewelry store
Job printing or photography store
Ice store
Laundromat, cleaning and dyeing outlets and pickup
Liquor store
Motel or hotel
Motion picture theater or live theater [Added 9-21-2009 by L.L. No. 14-2009]
Nurseries for sale of plants, shrubs, and trees
Office
Passenger terminal
Personal training facility [Added 2-4-2008 by L.L. No. 1-2008]
Photographic store
Photography studio [Added 2-4-2008 by L.L. No. 1-2008]
Printing and photocopying store
Plumbing store
Postal store or post office
Radio or television station [Added 4-12-2010 by L.L. No. 2-2010]
Recording studio [Added 4-12-2010 by L.L. No. 2-2010]
Restaurant with drive-through			§ 4-8-4
Restaurant with outdoor dining			§ 6-4-9 [Amended 12-19-2011 by L.L. No. 34-2011]
Restaurant without drive-through or outdoor dining
Retail services
Sexually oriented cabaret or theater, or sexually oriented motion picture theater [Added 7-7-2008 by L.L. No. 9-2008]			§ 6-6
Sexually oriented media store, sex shop [Added 7-7-2008 by L.L. No. 9-2008]			§ 6-6
Shops for custom work for the making of articles to be sold only at retail on the premises
Sporting goods and bicycle store
Tattoo parlor / body art studio [Added 1-16-2007 by L.L. No. 2-2007]
Variety store
Vehicle parts sales			§ 6-4-11 [Amended 12-19-2011 by L.L. No. 34-2011]
Vehicle sales (new), rental, leasing and related repair; used vehicle sales and vehicle rental in conjunction with new vehicle sales only			§ 6-4-12 [Amended 12-19-2011 by L.L. No. 34-2011]
Wholesale store
INDUSTRIAL
No industrial uses allowed

[1]

Editor's Note: The entry for "contracting or construction services," which immediately followed this entry, was repealed 10-17-2022 by L.L. No. 19-2022.

Dimensional Standards.

For parcels 30 acres in size or more as of (effective date), the Planned Unit Development Process is required. See § 6-9.

[Added 5-20-2013 by L.L. No. 8-2013; amended 9-21-2009 by L.L. No. 14-2009; 11-3-2014 by L.L. No. 39-2014]

GB Principal & Accessory Use/Structure Dimensional Standards			Vehicle Use Area
Min. lot area		None
Min. lot width		None
Min. front yard
	Height of structure for first 35 ft.	20 ft	10 ft*
	Height of structure for any portion of building above 35 ft.	30 ft	10 ft*
Min. rear yard (abutting residential *** /nonresidential)
	Height of structure up to 30 ft	See § 2-5-4B(3)/ 15 ft	15 ft* / 5 ft*
	Height of structure 30 ft or more	See § 2-5-4B(3)/ 25 ft	15 ft* / 5 ft*
Min. side yard (abutting residential*/nonresidential)
	Height of structure up to 30 ft	See § 2-5-4B(3)/ None or 10 ft if not on lot line	15 ft* / 5 ft*
	Height of structure 30 ft or more	See § 2-5-4B(3) / 25 ft	15 ft* / 5 ft*
Max. height		65 ft
Max. building coverage		None
Min. interior building separation		None required

*	The entire area must be landscaped.
**	Accessory structures shall be setback a minimum of 10 feet
***	R-R, S-A, R-1, R-2, R-3, CR-3A, TR-3, R-4, MFR-4A, MFR-5, MFR-6, MFR-7, PRD, PDD, NCD[2] [Amended 11-30-2020 by L.L. No. 17-2020]

[2]

Editor's Note: The diagram which immediately followed this table was repealed 2-8-2016 by L.L. No. 2-2016.

4-4-3.

Accessory Uses and Structures.

GB Permitted Accessory Uses and Structures	Standards
Landscaping	§ 7-2
Off-street parking, loading, and stacking	§ 7-1
Signs	§ 7-8
Solar energy systems [Added 12-11-2017 by L.L. No. 24-2017]	§ 6-10
Small wind energy system [Added 8-17-2009 by L.L. No. 12-2009]	§ 6-8-14
Other uses and structures customarily incidental to the principal use

Dimensional Standards. The dimensional standards for an accessory use or structure shall be the same as those for the principal use in § 4-4-2B.

4-4-4.

General Development Standards.

Interior side or rear yards separating parking, loading and stacking area from lot lines are not required for unified developments.

Development in the GB district shall also comply with the requirements referenced in the table below.

GB General Development Standards
Off-Street Parking, Loading and Stacking	§ 7-1
Landscaping, Buffers and Screening	§ 7-2
Site Lighting	§ 7-3
Outdoor Storage and Display	§ 7-4
Fences and Walls	§ 7-5
Access and Circulation	§ 7-6
Provisions for Flood Hazard Reduction	§ 7-7
Sign Regulations	§ 7-8
Performance Standards	§ 7-9
Bulk Storage of Combustible or Flammable Liquids	§ 7-10

§ 4-5 Commercial Service District (CS)

4-5-1.

Purpose. To provide areas within the Town for the location of large scale commercial uses meeting community-wide needs for specialized goods and services.

4-5-2.

Principal and Special Uses.

Permitted Uses and Structures.

CS	Permitted	Special Use	Standards
OPEN USES
No open uses allowed
RESIDENTIAL USES
Upper-story dwelling unit			§ 6-2-6
PUBLIC AND CIVIC USES
Minor utilities
Place of worship			§ 6-3-3
Public utility service structure or facility			§ 6-3-4
Public works construction yard [Added 12-7-2009 by L.L. No. 19-2009]			§ 6-3-5
Telecommunication facility			§ 6-7
COMMERCIAL
Building materials sales and service
Business services, including sign company, window cleaning and other dwelling and building services
Bus garages [Added 2-24-2014 by L.L. No. 4-2014]
Contracting or construction services
Electrical and household appliance repair service
Laundering, dry-cleaning & dyeing services
Vehicle sales, rental, leasing and related repair, including trailers			§ 6-4-12 [Amended 12-19-2011 by L.L. No. 34-2011]
INDUSTRIAL
Ground-mounted solar energy system, Tier III [Added 12-11-2017 by L.L. No. 24-2017]			§ 6-10
Ground-mounted solar energy system, Tier II [Added 12-11-2017 by L.L. No. 24-2017]			§ 6-10
Job and newspaper printing
Warehousing and storage service

Dimensional Standards.

For parcels 30 acres in size or more as of (effective date), the Planned Unit Development Process is required. See § 6-9.

[Added 5-20-2013 by L.L. No. 8-2013; amended 11-3-2014 by L.L. No. 39-2014]

CS Principal & Accessory Use/Structure Dimensional Standards			Vehicle Use Area
Min. lot area		1 ac.
Min. lot width		100 ft
Min. front yard
	Height of structure for first 35 ft.	20 ft	10 ft*
	Height of structure for any portion of building above 35 ft.	30 ft	10 ft*
Min. rear yard (abutting residential**/nonresidential)		50 ft / 10 ft	15 ft* / 10 ft*
Min. side yard (abutting residential**/nonresidential)		50 ft / 10 ft	15 ft* / 10 ft*
Max. height		40 ft
Max. building coverage		None
Min. interior building separation		None required

*	The entire area must be landscaped.
**	R-R, S-A, R-1, R-2, R-3, CR-3A, TR-3, R-4, MFR-4A, MFR-5, MFR-6, MFR-7, PRD, PDD, PRD, NCD[1]

[1]

Editor's Note: The diagram which immediately followed this table was repealed 2-8-2016 by L.L. No. 2-2016.

4-5-3.

Accessory Uses and Structures.

CS Permitted Accessory Uses and Structures	Standards
Landscaping	§ 7-2
Off-street parking, loading, and stacking	§ 7-1
Signs	§ 7-8
Solar energy systems [Added 12-11-2017 by L.L. No. 24-2017]	§ 6-10
Small wind energy system [Added 8-17-2009 by L.L. No. 12-2009]	§ 6-8-14
Other uses and structures customarily incidental to the principal use

Dimensional Standards. The dimensional standards for an accessory use or structure shall be the same as those for the principal use in § 4-5-2B.

4-5-4.

General Development Standards.

Interior side or rear yards separating parking, loading and stacking area from lot lines are not required for unified developments.

Development in the CS district shall also comply with the requirements referenced in the table below.

CS General Development Standards
Off-Street Parking, Loading and Stacking	§ 7-1
Landscaping, Buffers and Screening	§ 7-2
Site Lighting	§ 7-3
Outdoor Storage and Display	§ 7-4
Fences and Walls	§ 7-5
Access and Circulation	§ 7-6
Provisions for Flood Hazard Reduction	§ 7-7
Sign Regulations	§ 7-8
Performance Standards	§ 7-9
Bulk Storage of Combustible or Flammable Liquids	§ 7-10

§ 4-6 Motor Service District (MS)

4-6-1.

Purpose. To provide areas within the Town for the location of transportation-oriented commercial uses designed to serve the needs of motorists and related vehicular needs.

4-6-2.

Principal and Special Uses.

Permitted Uses and Structures.

MS	Permitted	Special Use	Standards
OPEN USES
No open uses allowed
RESIDENTIAL USES
Upper-story dwelling unit			§ 6-2-6
PUBLIC AND CIVIC USES
Ambulance service
Minor utilities
Place of worship			§ 6-3-3
Public utility service structure or facility			§ 6-3-4
Public works construction yard [Added 12-7-2009 by L.L. No. 19-2009]			§ 6-3-5
Telecommunication facility			§ 6-7
COMMERCIAL
Bus garages [Added 2-24-2014 by L.L. No. 4-2014]
Bus
Car wash			§ 6-4-3
Dog day care facility [Added 10-17-2011 by L.L. No. 25-2011]			§ 6-4-13 [Amended 11-5-2012 by L.L. No. 17-2012]
Motor vehicle repair [Added 2-4-2008 by L.L. No. 1-2008]
Motor vehicle washing establishment
Passenger terminal
Restaurant with drive-through [Amended 9-21-2009 by L.L. No. 14-2009]			§ 4-8-4
Restaurant without drive-through or outdoor dining [Amended 9-21-2009 by L.L. No. 14-2009]
Service station			§ 6-4-10 [Amended 12-19-2011 by L.L. No. 34-2011]
Tire, battery and accessory store
Vehicle sales, rental, leasing and related repair, including trailers			§ 6-4-12 [Amended 12-19-2011 by L.L. No. 34-2011]
INDUSTRIAL
No industrial uses allowed

Dimensional Standards.

For parcels 30 acres in size or more as of (effective date), the Planned Unit Development Process is required. See § 6-9.

[Added 5-20-2013 by L.L. No. 8-2013; amended 12-19-2011 by L.L. No. 34-2011; 11-3-2014 by L.L. No. 39-2014]

MS Principal & Accessory Use/Structure Dimensional Standards			Vehicle Use Area
Min. lot area		None (see 6-4-12)
Min. lot width		100 ft
Min. front yard
	Height of structure for first 35 ft.	20 ft	10 ft*
	Height of structure for any portion of building above 35 ft.	30 ft	10 ft*
Min. rear yard (abutting residential**/nonresidential)		See § 2-5-4B(3) / 25 ft	15 ft* / 10 ft*
Min. side yard (abutting residential**/nonresidential)		See § 2-5-4B(3) / 10 ft	15 ft* / 10 ft*
Max. height		65 ft
Max. building coverage		None
Min. interior building separation		30 ft

*	The entire area must be landscaped.
**	R-R, S-A, R-1, R-2, R-3, CR-3A, TR-3, R-4, MFR-4A, MFR-5, MFR-6, MFR-7, PRD, PDD, PRD, NCD[1]

[1]

Editor's Note: The diagram which immediately followed this table was repealed 2-8-2016 by L.L. No. 2-2016.

4-6-3.

Accessory Uses and Structures.

MS Permitted Accessory Uses and Structures	Standards
Landscaping	§ 7-2
Off-street parking, loading, and stacking	§ 7-1
Solar energy systems [Added 12-11-2017 by L.L. No. 24-2017]	§ 6-10
Signs	§ 7-8
Small wind energy system [Added 8-17-2009 by L.L. No. 12-2009]	§ 6-8-14
Other uses and structures customarily incidental to the principal use

Dimensional Standards. The dimensional standards for an accessory use or structure shall be the same as those for the principal use in § 4-6-2B.

4-6-4.

General Development Standards.

Interior side or rear yards separating parking, loading and stacking area from lot lines are not required for unified developments.

Development in the MS district shall also comply with the requirements referenced in the table below.

MS General Development Standards
Off-Street Parking, Loading and Stacking	§ 7-1
Landscaping, Buffers and Screening	§ 7-2
Site Lighting	§ 7-3
Outdoor Storage and Display	§ 7-4
Fences and Walls	§ 7-5
Access and Circulation	§ 7-6
Provisions for Flood Hazard Reduction	§ 7-7
Sign Regulations	§ 7-8
Performance Standards	§ 7-9
Bulk Storage of Combustible or Flammable Liquids	§ 7-10

§ 4-7 Shopping Center District (SC)

4-7-1.

Purpose. To provide regional centers within the Town that provide goods and services in full range and variety, drawing from a large population base. Development occurs on parcels of at least ten acres with compatible business enterprises designed and planned as a unified entity with common access points and off-street parking, loading and stacking areas to jointly serve all buildings. Such zoning district must be comprised of a minimum of 50 contiguous acres. Attached dwelling units will be permitted when a part of and integrated with a qualifying business enterprise development.

[Amended 12-12-2022 by L.L. No. 22-2022]

4-7-2.

Principal and Special Uses.

Permitted Uses and Structures.

SC	Permitted	Special Use	Standards
OPEN USES
No open uses allowed
RESIDENTIAL USES
Attached dwelling unit			§ 3-12-2B(3)
Upper-story dwelling unit			§ 6-2-6
PUBLIC AND CIVIC USES
Daycare center, nursery or other private school
Minor utilities
Place of worship			§ 6-3-3
Public utility service structure or facility			§ 6-3-4
Public works construction yard [Added 12-7-2009 by L.L. No. 19-2009]			§ 6-3-5
Telecommunication facility			§ 6-7
COMMERCIAL
Advertising agency
Animal grooming, cat boarding facility, animal hospital or veterinarian [Amended 2-4-2008 by L.L. No. 1-2008; 10-17-2022 by L.L. No. 19-2022; 12-12-2022 by L.L. No. 22-2022]			§ 6-4-1
Antiques and second-hand merchandise store
Apparel and accessories store
Apparel repair and alterations and shoe repair shop
Archival center
Bakery or confectionary shop (retail)
Bank			§ 4-8-4
Beauty or barber shop (retail)
Book and stationery store			§ 6-4-7 [Amended 12-19-2011 by L.L. No. 34-2011]
Commercial recreation activities, indoor
Commercial recreation activities, outdoor[1]
Department store
Drug store			§ 4-8-4
Employment agency
Farm and garden supply store[2]
Food store
Funeral home
Gymnasium or health club [Added 2-4-2008 by L.L. No. 1-2008]
Hardware store/Plumbing Store [Amended 12-12-2022 by L.L. No. 22-2022]
Home furnishing store
Home garden store[3]
Household fixture and appliance sales or service[4]
Jewelry store
Job printing or photography store[5]
Laundromat, cleaning and dyeing outlets and pickup
Liquor store
Medical laboratory testing service
Motel or hotel
Motion picture theater or live theater [Added 9-21-2009 by L.L. No. 14-2009]
Nurseries for sale of plants, shrubs, and trees
Office
Passenger terminal
Personal training facility [Added 2-4-2008 by L.L. No. 1-2008]
Photography studio/Printing and photocopying store[6] [Added 2-4-2008 by L.L. No. 1-2008; amended 12-12-2022 by L.L. No. 22-2022]
Postal store or post office
Radio or television studio/Recording studio[7] [Added 4-12-2010 by L.L. No. 2-2010; amended 12-12-2022 by L.L. No. 22-2022]
Restaurant with drive-through/Restaurant with outdoor dining[8] [Amended 12-12-2022 by L.L. No. 22-2022]			§ 4-8-4 & § 6-4-9
Restaurant without drive-through or outdoor dining
Service station			§ 6-4-10 [Amended 12-19-2011 by L.L. No. 34-2011]
Shops for custom work for the making of articles to be sold only at retail on the premises
Sporting goods or bicycle store
Tattoo parlor/body art studio [Added 12-12-2022 by L.L. No. 22-2022]
Variety store[9]
Wholesale store
INDUSTRIAL
No industrial uses allowed

[1]

Editor's Note: The entry for "contracting or construction services," which immediately followed this entry, was repealed 10-17-2022 by L.L. No. 19-2022.

[2]

Editor's Note: The entry for "farm equipment sales or service," which immediately followed this entry, was repealed 12-12-2022 by L.L. No. 22-2022.

[3]

Editor's Note: The entry for "house and camping trailer sales, camping equipment and accessories and related repair service," which immediately followed this entry, was repealed 12-12-2022 by L.L. No. 22-2022.

[4]

Editor's Note: The entry for "indoor commercial recreation facility," which immediately followed this entry, was repealed 12-12-2022 by L.L. No. 22-2022.

[5]

Editor's Note: The entry for "ice store," which immediately followed this entry, was repealed 12-12-2022 by L.L. No. 22-2022.

[6]

Editor's Note: The entries for "printing and photocopying store" and "plumbing store," which immediately followed this entry, were repealed 12-12-2022 by L.L. No. 22-2022.

[7]

Editor's Note: The entry for "recording studio," added 4-12-2010 by L.L. No. 2-2010, which immediately followed this entry, was repealed 12-12-2022 by L.L. No. 22-2022.

[8]

Editor's Note: The entry for "restaurant with outdoor dining," amended 12-19-2011 by L.L. No. 34-2011, which immediately followed this entry, was repealed 12-12-2022 by L.L. No. 22-2022.

[9]

Editor's Note: The entry for "vehicle sales, rental, leasing and related repair, including trailers," amended 12-19-2011 by L.L. No. 34-2011, which immediately followed this entry, was repealed 12-12-2022 by L.L. No. 22-2022.

Dimensional Standards.[10]

SC Principal & Accessory Use/Structure Dimensional Standards			Vehicle Use Area
Min. lot area		10 ac [Amended 12-12-2022 by L.L. No. 22-2022]
Min. lot width		None
Min. front yard
	- height of structure for first 35 ft.	25 ft [Amended 12-12-2022 by L.L. No. 22-2022]	25 ft
	- height of structure for any portion of building above 35 ft.	30 ft	25 ft*
Min. rear yard (abutting residential**/nonresidential)		See § 2-5-4B(3)/ 50 ft	25 ft* / 10 ft*
Min. side yard (abutting residential**/nonresidential)		See § 2-5-4B(3)/ 50 ft	25 ft* / 10 ft*
Max. height		65 ft
Max. building coverage		None
Min. interior building separation		30 ft

*	The entire area must be landscaped.
**	R-R, S-A, R-1, R-2, R-3, CR-3A, TR-3, R-4, MFR-4A, MFR-5, MFR-6, MFR-7, PRD, PDD, PRD, NCD[11]

[10]

Editor's Note: The provision requiring the Planned Unit Development Process for parcels 30 acres in size or more, added 5-20-2013 by L.L. No. 8-2013, amended 11-3-2014 by L.L. No. 39-2014, was repealed 12-12-2022 by L.L. No. 22-2022.

[11]

Editor's Note: The diagram which immediately followed this table, as amended 1-16-2007 by L.L. No. 2-2007, was repealed 2-8-2016 by L.L. No. 2-2016.

4-7-3.

Accessory Uses and Structures.

SC Permitted Accessory Uses and Structures	Standards
Landscaping	§ 7-2
Off-street parking, loading, and stacking	§ 7-1
Solar energy systems [Added 12-11-2017 by L.L. No. 24-2017]	§ 6-10
Signs	§ 7-8
Small wind energy system [Added 8-17-2009 by L.L. No. 12-2009]	§ 6-8-14
Storage facility clearly incidental to the principal use
Other uses and structures customarily incidental to the principal use

Dimensional Standards. The dimensional standards for an accessory use or structure shall be the same as those for the principal use in § 4-7-2B.

4-7-4.

General Development Standards.

All principal and accessory uses, except signs, outdoor storage and display, and off-street parking, loading and stacking, shall be conducted within completely enclosed structures.

Interior side or rear yards separating parking, loading and stacking area from lot lines are not required for unified developments.

Distance between buildings and vehicle use areas from right-of-way of dedicated interior streets shall be a minimum of 25 feet.

Development in the SC district shall also comply with the requirements referenced in the table below.

SC General Development Standards
Off-Street Parking, Loading and Stacking	§ 7-1
Landscaping, Buffers and Screening	§ 7-2
Site Lighting	§ 7-3
Outdoor Storage and Display	§ 7-4
Fences and Walls	§ 7-5
Access and Circulation	§ 7-6
Provisions for Flood Hazard Reduction	§ 7-7
Sign Regulations	§ 7-8
Performance Standards	§ 7-9
Bulk Storage of Combustible or Flammable Liquids	§ 7-10

§ 4-8 Supplemental Business District Design Standards

4-8-1.

Minimum Building Separation. Except where a greater requirement has been established under the regulations for the district, buildings within business districts shall be separated by a minimum of 10 feet.

4-8-2.

Side Yards for Corner Lots. Notwithstanding the dimensional standards of this Part, the following minimum setbacks shall be observed for all required side yards on corner lots in nonresidential districts.

Street Function	To Structure (feet)	To Parking, Loading & Stacking (feet)
Arterial, Major or Minor	40	10
Collector or Local Collector	35	10
Local	25	10

4-8-3.

Minimum Distances to Structures for Specific Streets. The minimum distances to structures for specific streets set out in § 2-5-3 shall supersede any setbacks set forth in this Part.

4-8-4.

Drive-Through Facility. A drive-through facility is permitted in accordance with the district use tables, subject to the following standards.

All outdoor speakers shall be located a minimum of 100 feet from the nearest residential district boundary and shall not be directed toward such neighboring property.

If the drive-through facility is located within 250 feet from the nearest residential district boundary, the use of all outdoor speakers shall be limited to between the hours of 6 a.m. and 10 p.m.

Where a drive-through facility is allowed in the Mixed Use Districts, all drive-through areas, including, but not limited to, menu boards, stacking lanes, trash receptacles, ordering box, drive up windows, and other objects associated with the drive-through facility, must be located to the side or rear of the principal building. Drive-through windows and lanes may not be placed between a street (not including an alley) and the associated building.

[Added 9-3-2019]

4-8-5.

Unified Developments. Unified Developments are allowed in all nonresidential districts and listed Special Purpose Districts. Reciprocal agreements providing for the establishment, operation, use and maintenance of common facilities and features are required and shall not thereafter be modified or rescinded without consent by the Town.

[Amended 10-17-2022 by L.L. No. 19-2022]

4-8-6.

Building Design.

Applicability. The standards in this Section shall apply to buildings in all nonresidential districts.

Facades.

(1)

All nonresidential street facades shall be constructed of the following materials:

(a)

Brick;

(b)

Stucco (cementitious finish only, no more than 30 percent of any facade);

(c)

Architectural concrete masonry;

(d)

Hardi-plank or similar cementitious siding;

(e)

Masonry;

(f)

Wood;

(g)

Field stone, ledge stone or other native veneer;

(h)

Metal (for beams, lintels, trim elements and ornaments); or

(i)

Glass (no more than 80 percent of any facade).

(2)

The following materials shall be prohibited on all primary facades and mansard roofs:

[Amended 11-3-2014 by L.L. No. 39-2014]

Asbestos or corrugated metal products

Highly reflective metal siding or panels

Plain Concrete Masonry Unit (CMU)

Bare or painted plywood

T-111 or unfinished lumber grade wood

(3)

Any side or rear wall facing a street, residential district or public or semipublic area shall consist of the same facing materials as the building front.

[Added 2-8-2016 by L.L. No. 2-2016]

Blank Wall Area. Blank wall areas on street facades or facing the following districts: R-R, S-A, R-1, R-2, R-3, CR-3A, TR-3, R-4, MFR-4A, MFR-5, MFR-6, MFR-7 PRD, PDD, PRD, NCD shall extend a maximum of 30 feet in the vertical direction or 20 feet in the horizontal direction. Relief or reveal work depth shall not be less than three inches in depth. Control and expansion joints that meet this standard shall not constitute blank wall area. Channel letter or similar three-dimensional signs shall not constitute blank wall area.

[Amended 11-3-2014 by L.L. No. 39-2014]

Storefront Display Windows.

[Amended 2-4-2008 by L.L. No. 1-2008; 4-12-2010 by L.L. No. 2-2010]

(1)

Storefront display windows shall cover a minimum of 25 percent of facades facing a public right-of-way. This requirement shall not apply to more than three facades of a building.

[Amended 8-1-2011 by L.L. No. 19-2011]

(2)

Interior displays and shelving within ten feet of the facade shall not exceed 15 percent of the total window area of primary and secondary ground floor facades.

Building Entrances.

(1)

Nonresidential buildings shall provide a minimum of one building entrance oriented towards a street, pedestrian walkway or parking area.

(2)

Nonresidential building entrances on corner lots shall be either oriented in the same direction as entrances of adjacent buildings or oriented toward the corner of the lot.

Covered Pedestrian Walkway on Retail Facades. A covered pedestrian walkway that provides protection from the elements a minimum of six feet in width from the wall shall be required along any facade featuring a customer entrance or along any building facade abutting a parking area in accordance with the following.

[Amended 9-21-2009 by L.L. No. 14-2009; 8-1-2011 by L.L. No. 19-2011; 10-17-2022 by L.L. No. 19-2022]

(1)

Single Use Retail Building. A single use retail building shall provide a covered pedestrian walkway centered on all customer entrances for a distance of not less than 25 percent of the length of the shortest façade featuring a customer entrance. Where a customer entrance is located at the corner of a building, a covered pedestrian walkway shall extend along both facades for a distance of not less than 25 percent of the length of the shorter façade.

(2)

Multiple Development. A building within a multiple development shall provide a covered pedestrian walkway consisting of either:

(a)

An arcade covering 100 percent of the length of the facade; or

(b)

An awning covering a minimum of 85 percent of the length of the facade.

(3)

Arcade Requirements.

(a)

Arcades shall be integrated structurally and architecturally into the design of the facade and shall be constructed of consistent materials.

(b)

The exterior face of the arcade columns may abut the maximum front yard setback line for the TND District provided that the following requirements are met.

(i)

The arcade shall be a maximum of six feet in depth, measured from the back face of the columns to the facade.

(ii)

The arcade shall not visually separate retail frontage from pedestrian traffic and exposure.

(4)

Awning Requirements.

(a)

Awnings shall be associated with windows and doors and shall be constructed of solid materials.

(b)

Awnings shall be integrated structurally and architecturally into the design of the facade and shall complement the overall color scheme of the building facade from which it projects.

(c)

Awnings may extend a maximum of two feet into the required setback area.

(d)

The following awnings are prohibited:

(i)

Mansard awnings (awnings that cover more than 85 percent of a facade or those that connect two facades); and

(ii)

Back-lit awnings.

(e)

Fabric awnings shall be kept in good repair, so that the original color and integrity of the fabric is maintained.

§ 4-9 Research and Development District (RD)

4-9-1.

Purpose. To provide areas within the Town for the location of research and development, related production activities, light manufacturing, offices, and related training schools on sufficient land to permit efficient development. Such districts shall be designed and located in such a way that they shall neither encroach upon surrounding uses nor shall surrounding uses interfere with the efficient development of these activities. The RD district is designed to encourage the development of a balanced employment mix within the Town and improve the Town's tax base while providing sufficient educational opportunities to contribute to the training of the workforce and thereby meet the employment needs of businesses locating in the Town.

4-9-2.

Principal and Special Uses.

Permitted Uses and Structures.

RD		Standards
OPEN USES
No open uses allowed
RESIDENTIAL USES
No residential uses allowed
PUBLIC AND CIVIC USES
Day-care center		§ 6-3-2
Minor utilities
Place of worship		§ 6-3-3
Public utility service structure or facility		§ 6-3-4
Public works construction yard [Added 12-7-2009 by L.L. No. 19-2009]		§ 6-3-5
Telecommunication facility		§ 6-7
COMMERCIAL
Ambulance Service [Added 2-24-2014 by L.L. No. 3-2014]
Bank
Dog day care facility [Added 10-17-2011 by L.L. No. 25-2011]		§ 6-4-13 [Amended 11-5-2012 by L.L. No. 17-2012]
Medical laboratory testing service
Office
Training school such as technical, trade, vocational or business
Truck service, wash, and repair [Added 8-9-2021 by L.L. No. 11-2021]		§ 6-4-14
INDUSTRIAL
Compounding, manufacturing and assembly of:
	Automobile and boating accessories from previously prepared materials
	Clothing or other textile products
	Electrical and electronic equipment and appliances
	Food and beverage products
	Household items, furniture
	Musical, scientific, medical, dental or photographic instruments, equipment or supplies
	Office equipment
	Panels, sheets, tubes or rods
	Pharmaceutical products, cosmetics or toiletries
	Printing, publishing and engraving
	Recreation equipment or toys
Experimental, research and testing facility
Ground-mounted solar energy systems, Tier III [Added 12-11-2017 by L.L. No. 24-2017]		§ 6-10
Ground-mounted solar energy systems, Tier II [Added 12-11-2017 by L.L. No. 24-2017]		§ 6-10
Research development facility
Tier I experimental pilot plant operation [Amended 12-11-2017 by L.L. No. 24-2017]
Warehousing and storage service
Wholesale distribution facility

Dimensional Standards.

For parcels 30 acres in size or more as of (effective date), the Planned Unit Development Process is required. See § 6-9.

[Added 5-20-2013 by L.L. No. 8-2013; amended 11-3-2014 by L.L. No. 39-2014]

RD Principal & Accessory Use/Structure Dimensional Standards			Vehicle Use Area
Min. district area		10 ac
Min. lot area		1 ac
Min. lot width		35 ft
Min. front yard
	Height of structure for first 35 ft.	20 ft	25 ft*
	Height of structure for any portion of building above 35 ft.	30 ft	25 ft*
Min. rear yard (abutting residential**/nonresidential)
	Height of structure up to 30 ft	See § 2-5-4B(3)/15 ft	25 ft* / 10 ft*
	Height of structure 30 ft or more	See § 2-5-4B(3)/25 ft	25 ft* / 10 ft*
Min. side yard (abutting residential**/nonresidential)
	Height of structure up to 30 ft	See § 2-5-4B(3)/ 15 ft	25 ft* / 10 ft*
	Height of structure 30 ft or more	See § 2-5-4B(3)/ 25 ft	25 ft* / 10 ft*
Max. height		65 ft
Max. building coverage		None
Min. interior building separation		30 ft

*	The entire area must be landscaped.
**	R-R, S-A, R-1, R-2, R-3, CR-3A, TR-3, R-4, MFR-4A, MFR-5, MFR-6, MFR-7, PRD, PDD, PRD, NCD[1]

[1]

Editor's Note: The diagram which immediately followed this table was repealed 2-8-2016 by L.L. No. 2-2016.

4-9-3.

Accessory Uses and Structures.

RD Permitted Accessory Uses and Structures	Standards
Convenience Retail Service [Added 12-14-2020 by L.L. No. 20-2020]	§ 6-8-4
Day-care center
Landscaping	§ 7-2
Off-street parking, loading, and stacking	§ 7-1
Production operation accessory to a research or testing operation
Restaurant without drive-through [Added 12-14-2020 by L.L. No. 20-2020]	§ 6-8-10
Retail sale of products assembled or stored on-site	§ 6-8-11
Solar energy systems [Added 12-11-2017 by L.L. No. 24-2017]	§ 6-10
Signs	§ 7-8
Small wind energy system [Added 8-17-2009 by L.L. No. 12-2009]	§ 6-8-14
Other uses and structures customarily incidental to the principal use

Dimensional Standards. The dimensional standards for an accessory use or structure shall be the same as those for the principal use in § 4-9-2B.

4-9-4.

General Development Standards.

Interior side or rear yards separating parking, loading and stacking area from lot lines are not required for unified developments.

Development in the RD district shall also comply with the requirements referenced in the table below.

RD General Development Standards
Off-Street Parking, Loading and Stacking	§ 7-1
Landscaping, Buffers and Screening	§ 7-2
Site Lighting	§ 7-3
Outdoor Storage and Display	§ 7-4
Fences and Walls	§ 7-5
Access and Circulation	§ 7-6
Provisions for Flood Hazard Reduction	§ 7-7
Sign Regulations	§ 7-8
Performance Standards	§ 7-9
Bulk Storage of Combustible or Flammable Liquids	§ 7-10

§ 4-10 Science Technology District (ST)

4-10-1.

Purpose. To provide areas in the Town for planned centers for scientific research, telecommunications, business and finance, electronic data operations and development and testing and ancillary production of resulting products and services.

4-10-2.

Principal and Special Uses.

Permitted Uses and Structures.

ST		Standards
OPEN USES
No open uses allowed
RESIDENTIAL USES
No residential uses allowed
PUBLIC AND CIVIC USES
Day-care center		§ 6-3-2
Minor utilities
Place of worship		§ 6-3-3
Public utility service structure or facility		§ 6-3-4
Public works construction yard [Added 12-7-2009 by L.L. No. 19-2009]		§ 6-3-5
Telecommunication facility		§ 6-7
COMMERCIAL
Medical laboratory testing service
Offices for scientific research, telecommunications, telemarketing, administrative support services for business and finance, electronic data operations and development and testing enterprises
Training school such as technical, trade, vocational or business
INDUSTRIAL
Research, experimental or developmental laboratory
Ground-mounted solar energy systems, Tier III [Added 12-11-2017 by L.L. No. 24-2017]		§ 6-10
Ground-mounted solar energy systems, Tier II [Added 12-11-2017 by L.L. No. 24-2017]		§ 6-10
Uses engaged in research and development activities including:
	Assembling testing and calibration of electronic, scientific, medical, optical, biochemical, chemical, metallurgical and pharmaceutical components, devices, systems and equipment
	Audio components, radio and television equipment
	Communication, navigation control, transmission and reception equipment
	Controls equipment and guidance systems
	Data processing equipment and systems
	Microfilming and record preparation
	Research, experimental and developmental labs
	Scientific and medical instruments

Dimensional Standards.

For parcels 30 acres in size or more as of (effective date), the Planned Unit Development Process is required. See § 6-9.

[Added 5-20-2013 by L.L. No. 8-2013; amended 11-3-2014 by L.L. No. 39-2014]

ST Principal & Accessory Use/Structure Dimensional Standards			Vehicle Use Area
Min. district area		10 ac
Min. lot area		2 ac
Min. lot width		200 ft
Min. front yard
	Height of structure for first 35 ft.	20 ft	35 ft*
	Height of structure for any portion of building above 35 ft.	30 ft	35 ft*
Min. rear yard (abutting residential**/nonresidential)
	Height of structure up to 30 ft	50 ft / 30 ft	45 ft* / 25 ft*
	Height of structure 30 ft or more	75 ft / 40 ft	45 ft* / 25 ft*
Min. side yard (abutting residential**/nonresidential)
	Height of structure up to 30 ft	50 ft / 30 ft	45 ft* / 25 ft*
	Height of structure 30 ft or more	75 ft / 40 ft	45 ft* / 25 ft*
Max. height		45 ft
Max. building coverage		35%
Min. interior building separation		30 ft

*	The entire area must be landscaped.
**	R-R, S-A, R-1, R-2, R-3, CR-3A, TR-3, R-4, MFR-4A, MFR-5, MFR-6, MFR-7, PRD, PDD, PRD, NCD[1]

[1]

Editor's Note: The diagram which immediately followed this table was repealed 2-8-2016 by L.L. No. 2-2016.

4-10-3.

Accessory Uses and Structures.

ST Permitted Accessory Uses and Structures	Standards
Conference center serving a ST district	§ 6-8-5
Day-care center
Landscaping	§ 7-2
Off-street parking, loading, and stacking	§ 7-1
Solar energy systems [Added 12-11-2017 by L.L. No. 24-2017]	§ 6-10
Signs	§ 7-8
Small wind energy system [Added 8-17-2009 by L.L. No. 12-2009]	§ 6-8-14
Other uses and structures customarily incidental to the principal use

Dimensional Standards. The dimensional standards for an accessory use or structure shall be the same as those for the principal use in § 4-10-2B.

4-10-4.

General Development Standards.

Accessory buildings shall not be permitted in any front yard.

All utility lines and communications service lines shall be placed underground.

Interior side or rear yards separating parking, loading and stacking area from lot lines are not required for unified developments.

Development in the ST district shall also comply with the requirements referenced in the table below.

ST General Development Standards
Off-Street Parking, Loading and Stacking	§ 7-1
Landscaping, Buffers and Screening	§ 7-2
Site Lighting	§ 7-3
Outdoor Storage and Display	§ 7-4
Fences and Walls	§ 7-5
Access and Circulation	§ 7-6
Provisions for Flood Hazard Reduction	§ 7-7
Sign Regulations	§ 7-8
Performance Standards	§ 7-9
Bulk Storage of Combustible or Flammable Liquids	§ 7-10

§ 4-11 General Industrial District (GI)

4-11-1.

Purpose. To provide areas within the Town for the location of heavier manufacturing and processing facilities, as well as office, research and service establishments, where compatible industries will be located in an organized manner so as to ensure the efficient development of the industrial use and compatibility with adjacent districts. Such district is designed to encourage the development of a balanced employment mix within the Town and to improve the Town's tax base.

4-11-2.

Principal and Special Uses.

Permitted Uses and Structures.

GI		Standards
OPEN USES
No open uses allowed
RESIDENTIAL USES
No residential uses allowed
PUBLIC AND CIVIC USES
Day-care center		§ 6-3-2
Minor utilities
Place of worship		§ 6-3-3
Public utility service structure or facility		§ 6-3-4
Public works construction yard [Added 12-7-2009 by L.L. No. 19-2009]		§ 6-3-5
Telecommunication facility		§ 6-7
COMMERCIAL
Bank
Building materials sales and service
Business, driving, martial arts and other trade schools
Business services including sign company, window cleaning and other dwelling and building services
Contracting or construction
Electrical and household appliance repair service
Job and newspaper printing
Laundering, dry cleaning, and dyeing services
Medical laboratory testing service
Motor vehicles repair [Added 3-7-2016 by L.L. No. 5-2016]
Office
Outdoor storage
Trailer and motor vehicle sales and rental
Training school such as technical, trade, vocational and business
Truck service, wash, and repair [Added 8-9-2021 by L.L. No. 11-2021]		§ 6-4-14
INDUSTRIAL
Automobile junkyard
Blending, mixing and packaging of:
	Detergents, disinfectants, fungicides, ink, insecticides, soap and related household and industrial chemical compounds
Compounding, manufacturing and assembly of:
	Automobile and boating accessories from previously prepared materials
	Clothing or other textile products
	Electrical and electronic equipment and appliances
	Food and beverage products
	Household items
	Furniture
	Merchandise from previously prepared materials
	Musical, scientific, medical, dental or photographic instruments, equipment or supplies
	Office equipment
	Panels, sheets, tubes or rods
	Pharmaceutical products, cosmetics or toiletries
	Printing, publishing and engraving
	Recreation equipment or toys
Experimental, research and testing facility
Ground-mounted solar energy system, Tier II[1] [Added 12-11-2017 by L.L. No. 24-2017]		§ 6-10
Research development facility
Tier I experimental pilot plant operation [Amended 12-11-2017 by L.L. No. 24-2017]
Warehousing and storage service
Wholesale distribution facility

[1]

Editor's Note: The entries for job and newspaper printing; laboratory; and metalwork, manufacture of concrete, wood and other solid products; which immediately followed this entry, were repealed 8-9-2021 by L.L. No. 11-2021.

Dimensional Standards.

For parcels 30 acres in size or more as of (effective date), the Planned Unit Development Process is required. See § 6-9.

[Added 5-20-2013 by L.L. No. 8-2013; amended 11-3-2014 by L.L. No. 39-2014]

GI Principal & Accessory Use/Structure Dimensional Standards			Vehicle Use Area
Min. lot area		1 ac
Min. lot width		100 ft
Min. front yard
	Height of structure for first 35 ft.	20 ft	25 ft*
	Height of structure for any portion of building above 35 ft.	30 ft	25 ft*
Min. rear yard (abutting residential**/nonresidential)
	Height of structure up to 30 ft	See § 2-5-4B(3)/15 ft	25 ft* / 10 ft*
	Height of structure 30 ft or more	See § 2-5-4B(3)/25 ft	25 ft* / 10 ft*
Min. side yard (abutting residential**/nonresidential)
	Height of structure up to 30 ft	See § 2-5-4B(3)/15 ft	25 ft* / 10 ft*
	Height of structure 30 ft or more	See § 2-5-4B(3)/25 ft	25 ft* /10 ft*
Max. height		65 ft
Max. building coverage		None
Min. interior building separation		30 ft

*	The entire area must be landscaped.
**	R-R, S-A, R-1, R-2, R-3, CR-3A, TR-3, R-4, MFR-4A, MFR-5, MFR-6, MFR-7, PRD, PDD, PRD, NCD[2]

[2]

Editor's Note: The diagram which immediately followed this table was repealed 2-8-2016 by L.L. No. 2-2016.

4-11-3.

Accessory Uses and Structures.

GI Permitted Accessory Uses and Structures	Standards
Landscaping	§ 7-2
Day-care center
Off-street parking, loading, and stacking	§ 7-1
Retail sales and service (may be manufactured or assembled on-premise)	§ 6-8-11
Solar energy systems [Added 12-11-2017 by L.L. No. 24-2017]	§ 6-10
Signs	§ 7-8
Small wind energy system [Added 8-17-2009 by L.L. No. 12-2009]	§ 6-8-14
Other uses and structures customarily incidental to any permitted principal use

Dimensional Standards. The dimensional standards for an accessory use or structure shall be the same as those for the principal use in § 4-11-2B.

4-11-4.

General Development Standards.

Interior side or rear yards separating parking, loading and stacking area from lot lines are not required for unified developments.

Development in the GI district shall also comply with the requirements referenced in the table below.

GI General Development Standards
Off-Street Parking, Loading and Stacking	§ 7-1
Landscaping, Buffers and Screening	§ 7-2
Site Lighting	§ 7-3
Outdoor Storage and Display	§ 7-4
Access and Circulation	§ 7-5
Fences and Walls	§ 7-6
Provisions for Flood Hazard Reduction	§ 7-7
Sign Regulations	§ 7-8
Performance Standards	§ 7-9
Bulk Storage of Combustible or Flammable Liquids	§ 7-10

§ 4-12 Supplemental Industrial District Design Standards

4-12-1.

Minimum Building Separation. Except where a greater requirement has been established under the regulations for the district, buildings within industrial districts shall be separated by a minimum of 10 feet.

4-12-2.

Side Yards for Corner Lots. Notwithstanding the dimensional standards of this Section, the following minimum setbacks shall be observed for all required side yards on corner lots in industrial districts.

Street Function	To Building (feet)	To Parking, Loading & Stacking (feet)
Arterial, Major or Minor	40	10
Collector or Local	35	10
Collector
Local	25	10

4-12-3.

Minimum Distances to Structures for Specific Streets. The minimum distances to structures for specific streets set out in § 2-5-3 shall supersede any setbacks set forth in this Section.

4-12-4.

Unified Developments. Unified Developments are allowed in all nonresidential districts. Reciprocal agreements providing for the establishment, operation, use and maintenance of common facilities and features are required and shall not thereafter be modified or rescinded without consent by the Town.

4-12-5.

Building Materials. Exterior wall surfaces of buildings shall be of masonry, wood, glass or metal or a combination facing of these materials. Exterior wall facings and mansard roofs shall not include asbestos or corrugated metal products. Any side or rear wall facing a street, residential district or public or semipublic area shall consist of the same facing materials as the building front.

4-12-6.

Building Design. See § 4-8-6.