Except as otherwise provided by this chapter, no building or
structure or land shall be used nor shall any building or structure
be built or altered except for the purposes specified in the following
schedule.
A.
In the A5A District, permitted principal uses, buildings and other
structures shall be as follows:
|
Animal husbandry
| |
|
Cabin, hunting and fishing
| |
|
Dwelling, one-family
| |
|
Dwelling, seasonal
| |
|
Dwelling, to house persons employed in agriculture on the farm
where the dwelling is located; such dwelling may be located on an
unsubdivided portion of the farm
| |
|
Dwelling, two-family
| |
|
Farm
| |
|
Forest nurseries, tree seed gathering and extracting, gathering
of gums and barks
| |
|
Forestry services
| |
|
Golf course
| |
|
Parks, public and private
| |
|
Playgrounds
| |
|
School, elementary
| |
|
School, secondary
| |
|
Stable, private and public
| |
|
Timber tracts
|
B.
Permitted accessory uses, buildings and other structures shall be
as follows:
(1)
Accessory use of a building, as defined herein.
(2)
Accessory buildings and structures customarily associated with the
permitted principal uses, buildings and other structures.
(3)
In a dwelling or farmhouse, the keeping of not more than two transient
roomers and boarders.
(4)
Between the yards of a dwelling or farmhouse, outdoor storage of
not more than one each per dwelling unit of the following: boat, boat
trailer, camp trailer, cargo trailer or motor home, any of which shall
be owned for personal use by a resident on the premises. None of the
above shall be used for sleeping purposes for more than seven days
per year.
(5)
Home occupation, as defined herein.
(6)
Between the yards of a dwelling or farmhouse, a private garage or
open parking for operative passenger vehicles of a person residing
or visiting on the premises.
(7)
Between the yards of a dwelling or farmhouse, a playhouse, toolhouse
or garden house.
(8)
Between the yards of a dwelling or farmhouse, a private swimming
pool not operated for gain.
(9)
On a farm, open storage of machinery or vehicles customarily associated
with farming operations. This, however, shall not be construed to
permit the establishment of a junkyard, as defined herein.
C.
Uses for which the Zoning Board of Appeals may issue a special permit in accordance with Article VI shall be as follows:
[Amended 2-24-1983 by L.L. No. 1-1983; 8-14-1986 by L.L. No.
2-1986; 2-9-1989 by L.L. No. 2-1989; 2-9-1989 by L.L. No.
3-1989; 12-28-1989 by L.L. No. 9-1989; 7-11-1990 by L.L. No.
1-1990; 6-10-1993 by L.L. No. 2-1993; 4-14-1994 by L.L. No.
1-1994; 5-4-1995 by L.L. No. 4-1995; 7-10-1997 by L.L. No. 1-1997; 1-26-1998 by L.L. No.
1-1998[2]]
|
Accessory apartment
| |
|
Airport, on a site not less than 700 feet by 5,000 feet
| |
|
Boardinghouse
| |
|
Cage-type poultry farms
| |
|
Campgrounds
| |
|
Cemetery
| |
|
Church or parish house
| |
|
Communications facilities and/or personal wireless service facilities
and/or towers.
| |
|
Conversion of existing building to multiple-dwelling units, subject to the additional provisions of § 180-62
| |
|
Country inn
| |
|
ECHO (elder cottage housing opportunity) unit
| |
|
Educational center on a site not less than 10 acres, subject to the additional provisions of § 180-43
| |
|
Educational institutions on a site not less than 100 acres, subject to the additional provisions of § 180-43
| |
|
Family homes or family care homes not to house more than four
patients per dwelling unit; one additional patient may be housed for
each 5,000 square feet by which the lot on which the dwelling unit
is located exceeds the minimum required lot area per dwelling unit
| |
|
Farm market, as permitted by § 180-68
| |
|
Fur farms
| |
|
Game or wildlife preserve
| |
|
Hospital, animal or veterinary clinic on a site not less than
10 acres
| |
|
Hospital, on a site of not less than 10 acres
| |
|
Junkyard, subject to the provisions of § 180-45
| |
|
Kennel, on a site not less than 10 acres
| |
|
Logging camp
| |
|
Mobile home
| |
|
Nursery farms
| |
|
Pig farms
| |
|
Public utility substation
| |
|
Quarrying of stone, sand and gravel, subject to the additional provisions of § 180-54
| |
|
Riding academy, subject to the additional provisions of § 180-53
| |
|
Rod and gun club
| |
|
Sawmills and planning mills
| |
|
School, private
| |
|
Shooting preserve
| |
|
Small wind energy conversion systems, subject to the additional provisions of § 180-63
|
D.
Area, yard, height and coverage provisions.
(1)
General. The area, yard, coverage and height provisions established
by this subsection apply to all permitted uses in A5A Districts for
which special criteria are not established elsewhere in this chapter.
(2)
Area per establishment. The minimum area per establishment shall
be five acres.
(3)
Lot dimensions. The minimum width of the lot at the front building
line shall be 325 feet.
(4)
Front yards. No part of any building or structure shall extend nearer
to the street line than 75 feet or nearer to the center line of the
street than 100 feet, whichever distance requires the greater setback
from the street line.
(5)
Rear yards. There shall be a rear yard of not less than 50 feet.
(6)
Side yards. There shall be two side yards, each having a width of
50 feet.
(7)
Height. No building shall exceed 35 feet in height.
E.
Location of driveways. No driveway center line shall intersect a
street line less than 70 feet from the intersection of any two street
lines.
F.
Clustering. Residential dwelling units may be clustered as provided
in § 278 of the Town Law. If the cluster is designed to
preserve and maintain in active use land which is suitable for agriculture
according to the soil survey prepared for Dutchess County by the United
States Department of Agriculture, Series 1939, No. 23, or similarly
reputable source, the Planning Board may permit a density bonus not
to exceed 25% more dwelling units than would ordinarily be permitted
in the A5A District. The land area to be preserved for agriculture
must consist of a minimum of 100 acres and shall not be less than
30% of the land area under consideration.
A.
In the R3A District, permitted principal uses, buildings and other
structures shall be as follows:
[Amended 2-9-1989 by L.L. No. 4-1989; 5-4-1995 by L.L. No.
4-1995; 7-10-1997 by L.L. No. 1-1997]
|
Animal husbandry
| |
|
Cabin, hunting and fishing
| |
|
Dwelling, one-family
| |
|
Dwelling, seasonal
| |
|
Dwelling, to house persons employed in agriculture on the farm
where the dwelling is located. Such dwelling may be located on an
unsubdivided portion of the farm.
| |
|
Dwelling, two-family
| |
|
Farm
| |
|
Forest nurseries, tree seed gathering and extracting and gathering
of gums and barks
| |
|
Forestry service
| |
|
Golf course
| |
|
Logging camp
| |
|
Parks, public and private
| |
|
Playgrounds
| |
|
School, elementary
| |
|
School, secondary
| |
|
Stables, private and public
| |
|
Timber tracts
|
B.
Permitted accessory uses, buildings and other structures shall be
as follows:
(1)
Accessory use of building, as defined herein.
(2)
Accessory buildings and structures customarily associated with the
permitted principal uses, buildings and other structures.
(3)
In a dwelling unit or farmhouse, the keeping of not more than two
transient roomers and boarders.
(4)
Between the yards of a dwelling unit or farmhouse, outdoor storage
of not more than one each per dwelling unit of the following: boat,
boat trailer, camp trailer, cargo trailer or motor home, any of which
shall be owned for personal use by a resident on the premises. None
of the above shall be used for sleeping purposes for more than seven
days per year.
(5)
Home occupation, as defined herein.
(6)
Between the yards of a dwelling unit or farmhouse, a playhouse, toolhouse
or garden house.
(7)
Between the yards of a dwelling unit or farmhouse, a private swimming
pool not operated for gain.
(8)
On a farm, open storage of machinery or vehicles customarily associated
with farming operations. This, however, shall not be construed to
permit the establishment of a junkyard, as defined herein.
C.
Uses for which the Zoning Board of Appeals may issue a special permit in accordance with Article VI shall be as follows:
[Amended 5-7-1984 by L.L. No. 1-1984; 8-14-1986 by L.L. No.
2-1986; 2-9-1989 by L.L. No. 2-1989; 2-9-1989 by L.L. No.
3-1989; 12-28-1989 by L.L. No. 9-1989; 7-11-1990 by L.L. No.
1-1990; 6-10-1993 by L.L. No. 2-1993[1]; 4-14-1994 by L.L. No. 1-1994; 5-4-1995 by L.L. No.
4-1995; 7-10-1997 by L.L. No. 1-1997; 1-26-1998 by L.L. No.
1-1998]
|
Accessory apartment
| |
|
Airport, on a site not less than 700 feet by 5,000 feet
| |
|
Boardinghouse
| |
|
Bus passenger shelter, for which the Board of Appeals may waive the provisions of Subsection D below
| |
|
Campgrounds
| |
|
Cemetery
| |
|
Church or parish house
| |
|
Clubhouse
| |
|
Communications facilities and/or personal wireless service facilities
and/or towers.
| |
|
Conversion of existing building to multiple-dwelling units, subject to the additional provisions of § 180-62
| |
|
Country inn
| |
|
Drive-in outdoor theater, subject to the provisions of § 180-41
| |
|
ECHO (elder cottage housing opportunity) unit.
| |
|
Education institution on a site not less than 100 acres, subject to the additional provisions of § 180-43
| |
|
Family homes or family care homes not to house more than four
patients per dwelling unit; one additional patient may be housed for
each 5,000 square feet by which the lot on which the dwelling unit
is located exceeds the minimum required lot area per dwelling unit
| |
|
Farm, cage-type poultry on a site of not less than 50 acres
| |
|
Farm, fur, on a site of not less than 50 acres
| |
|
Farm market, as permitted by § 180-68
| |
|
Farm, nursery, on a site not less than 50 acres and subject to the additional provisions in Article VIII
| |
|
Farm, pig, on a site of not less than 100 acres
| |
|
Game or wildlife preserve
| |
|
Hospital, animal, or veterinary clinic, on a site of not less
than 10 acres
| |
|
Hospital, on a site of not less than 10 acres
| |
|
Junkyards, subject to the provisions of § 180-45
| |
|
Kennel, on a site of not less than 10 acres
| |
|
Mobile home
| |
|
Mobile home park
| |
|
Nursery school
| |
|
Nursing or convalescent home
| |
|
Quarrying of stone, sand and gravel, subject to the additional provisions of § 180-54
| |
|
Riding academy, subject to the additional provisions of § 180-53
| |
|
Rod and gun club
| |
|
Sawmills and planing mills
| |
|
School, private
| |
|
School, vocational
| |
|
Small wind energy conversion systems, subject to the additional provisions of § 180-63
| |
|
Tourist home
|
[1]
Editor's Note: This local law provided an effective date of
1-1-1994.
D.
Area, yard, coverage and height provisions.
(1)
General. The area, yard, coverage and height provisions established
by this section apply to all permitted uses in R3A Districts for which
special criteria are not established elsewhere in this chapter.
(2)
Area per establishment. Except as specified otherwise, the minimum
area per establishment shall be three acres.
(3)
Lot dimensions. Except as specified otherwise, the minimum width
of the lot at the front building line shall be 250 feet.
(4)
Front yards. Except as specified otherwise, no part of any building
or structure shall extend nearer to the street line than 60 feet or
nearer to the center line of the street than 85 feet, whichever distance
requires the greater setback from the street line.
(5)
Rear yard. There shall be a rear yard of not less than 35 feet.
(6)
Side yards. There shall be two side yards, each having a width of
not less than 35 feet.
(7)
Height. No building shall exceed 35 feet in height.
E.
Location of driveways. No driveway center line shall intersect a
street line less than 70 feet from the intersection of any two street
lines.
F.
Clustering. Residential dwelling units may be clustered as provided
in § 278 of the Town Law. A density bonus not to exceed
20% more dwelling units than would ordinarily be permitted in the
R3A District may be permitted by the Planning Board if central water
and central sewers are provided and a minimum of 40% of the total
land area of the development is preserved for recreation and for open
space use.
A.
In the R1A District, permitted principal uses, buildings and other
structures shall be as follows:
[Amended 2-9-1989 by L.L. No. 4-1989; 7-10-1997 by L.L. No. 1-1997]
B.
Permitted accessory uses, buildings and other structures shall be
as follows:
(1)
Accessory use of a building, as defined herein.
(2)
Accessory buildings customarily associated with agriculture, including
housing for agricultural labor, on a site of not less than three acres.
This shall not be construed to include buildings housing animals or
fowl or in any other way accessory to animal husbandry.
(3)
In a one-family dwelling, the keeping of not more than two transient
roomers and boarders.
(4)
Between the yards of a one-family dwelling, outdoor storage of not
more than one of each of the following: boat, boat trailer, camp trailer,
cargo trailer or motor home, each of which shall be owned for personal
use by a person visiting or residing on the premises. None of the
above shall be used for sleeping purposes for more than seven days
per year.
(5)
Home occupation, as defined herein.
(6)
Between the yards of a one-family dwelling, a private garage or garages
or open parking for operative passenger vehicles of persons residing
or visiting on the premises.
(7)
Between the yards of a one-family dwelling, a playhouse, toolhouse
or garden house.
(8)
Between the yards of a one-family dwelling, a private swimming pool
not operated for gain.
C.
Uses for which the Zoning Board of Appeals may issue a special permit in accordance with Article VI shall be as follows:
[Amended 2-9-1989 by L.L. No. 2-1989; 2-9-1989 by L.L. No.
3-1989; 12-28-1989 by L.L. No. 9-1989; 6-10-1993 by L.L. No.
2-1993[1]; 4-14-1994 by L.L. No. 1-1994; 1-26-1998 by L.L. No.
1-1998]
|
Accessory apartment
| |
|
Boardinghouse
| |
|
Bus passenger shelter, for which the Board of Appeals may waive the provisions of Subsection D below
| |
|
Church or parish house on a site of not less than three acres
| |
|
Communications facilities and/or personal wireless service facilities
and/or towers.
| |
|
Conversion of existing buildings to multiple-dwelling units, subject to the additional provisions of § 180-62
| |
|
ECHO (elder cottage housing opportunity) unit
| |
|
Family homes or family care homes not to house more than four
patients per dwelling unit; one additional patient may be housed for
each 5,000 square feet by which the lot on which the dwelling unit
is located exceeds the minimum required lot area per dwelling unit
| |
|
Mobile home park
| |
|
Nursery school on a site of not less than three acres
| |
|
Tourist home
|
[1]
Editor's Note: This local law provided an effective date of
1-1-1994.
D.
Area, yard, coverage and height provisions.
(1)
General. The area, yard, coverage and height provisions established
by this section apply to all permitted uses in R1A Districts for which
special criteria are not established elsewhere in this chapter.
(2)
Area per dwelling unit. The minimum area per dwelling unit shall
be one acre.
(3)
Lot dimensions, interior lots. Except as specified otherwise, the
minimum width at the front building line shall be 175 feet.
(4)
Lot dimensions, corner lots. Except as specified otherwise, the minimum
width of the lot at the building line parallel to the street considered
to be the front street shall be 210 feet.
(5)
Front yards, interior lots. No part of any dwelling, building or
structure shall extend nearer to the street line than 50 feet or nearer
to the center line of the street line than 75 feet, whichever distance
requires the greater setback from the street line.
(6)
Rear yards, interior lots. There shall be a rear yard of not less than 25 feet, except that in the case of through lots, the front yard requirement specified by Subsection D(5) above shall be observed on both streets.
(7)
Side yards, interior lots. There shall be two side yards with a total
width of not less than 30 feet. The width of the narrower of the two
side yards shall not be less than 1/3 of the total width of the two
side yards.
(8)
Yards, corner lots. In the case of a corner lot, both yards abutting streets shall be considered front yards and be determined as provided in Subsection D(4) above. In addition, there shall be one rear yard with a minimum width of 25 feet and one side yard with a minimum width of 10 feet.
(9)
Height. No building shall exceed 35 feet in height.
E.
Location of driveways. No driveway center line shall intersect a
street line less than 70 feet from the intersection of any two street
lines.
F.
Clustering. Residential dwelling units may be clustered as provided
in § 278 of the Town Law. A density bonus not to exceed
20% more dwelling units than would ordinarily be permitted in the
R1A District may be permitted by the Planning Board if central water
and central sewers are provided and a minimum of 40% of the total
land area of the development is preserved for recreation and/or open
space use.
A.
In the R20,000 District, permitted principal uses, buildings and
other structures shall be as follows:
[Amended 2-9-1989 by L.L. No. 4-1989]
B.
Permitted accessory uses, buildings and other structures shall be
as follows:
(1)
Accessory use of a building, as defined herein.
(2)
In a one-family dwelling, the keeping of not more than two transient
roomers and boarders.
(3)
Between the yards of a one-family dwelling, outdoor storage of not
more than one of each of the following: boat, boat trailer, camp trailer,
cargo trailer or motor home, each of which shall be owned for personal
use by a person visiting or residing on the premises. None of the
above shall be used for sleeping purposes for more than seven days
per year.
(4)
Home occupation, as defined herein.
(5)
Between the yards of a one-family dwelling, a private garage or garages
or open parking for operative passenger vehicles of persons visiting
or residing on the premises.
(6)
Between the yards of a one-family dwelling, a playhouse, toolhouse
or garden house.
(7)
Between the yards of a one-family dwelling, a private swimming pool
not operated for gain.
C.
Uses for which the Zoning Board of Appeals may issue a special permit in accordance with Article VI shall be as follows:
[Amended 2-9-1989 by L.L. No. 2-1989; 2-9-1989 by L.L. No.
3-1989; 12-28-1989 by L.L. No. 9-1989; 6-10-1993 by L.L. No.
2-1993[1]; 4-14-1994 by L.L. No. 1-1994]
|
Accessory apartment
| |
|
Bus passenger shelter, for which the Board of Appeals may waive the provisions of Subsection D below
| |
|
Church or parish house on a site of not less than three acres
| |
|
Conversion of existing building to multiple-dwelling units, subject to the additional provisions of § 180-62
| |
|
ECHO (elder cottage housing opportunity) unit
| |
|
Family homes or family care homes not to house more than four
patients per dwelling unit; one additional patient may be housed for
each 5,000 square feet by which the lot on which the dwelling unit
is located exceeds the minimum required lot area per dwelling unit
| |
|
Nursery school on a site of not less than three acres
|
[1]
Editor's Note: This local law provided an effective date of
1-1-1994.
D.
Area, yard, coverage and height provisions.
(1)
General. The area, yard, coverage and height provisions established
by this section apply to all permitted uses in R20,000 Districts for
which special criteria are not established elsewhere in this chapter.
(2)
Area per dwelling unit served by central sewer. The minimum area
per dwelling unit served by a central sewer shall be 20,000 square
feet.
(3)
Area per dwelling unit not served by central sewer. The minimum area
per dwelling unit not served by a central sewer shall be as determined
by the Dutchess County Department of Health, but in no case less than
20,000 square feet.
(4)
Lot dimensions, interior lots served by central sewer. Unless otherwise
specified, the minimum width of a lot served by a central sewer shall
be 115 feet at the front building line.
(5)
Lot dimensions, interior lots not served by central sewer. Unless
otherwise specified, the minimum width of a lot not served by a central
sewer shall be 175 feet at the front building line.
(6)
Lot dimensions, corner lots served by central sewers. The minimum
width of the lot at the building line parallel to the street considered
to be the front street shall be 125 feet for a lot served by a central
sewer.
(7)
Lot dimensions, corner lot not served by central sewers. The minimum
width of the lot at the building line parallel to the street considered
to be the front street shall be 185 feet for a lot not served by a
central sewer.
(8)
Front yards, interior lots. No part of any dwelling, building or
permitted accessory structure shall extend nearer to the street line
than 30 feet or nearer to the center line of the street than 55 feet,
whichever distance requires the greater setback from the street line.
(9)
Rear yards, interior lots. There shall be a rear yard of not less than 25 feet, except that in the case of through lots, the front yard requirements specified by Subsection D(8) above shall be observed on both streets.
(10)
Side yards, interior lots. There shall be two side yards with
a total width of 30 feet. The width of the narrower of the two side
yards shall not be less than 1/3 of the total of the two side yards.
(11)
Yards, corner lots. In the case of a corner lot, both yards abutting streets shall be considered front yards and be determined as provided in Subsection D(8) above. In addition, there shall be one rear yard with a minimum width of 25 feet and one side yard with a minimum width of 10 feet.
(12)
Height. No building shall exceed 35 feet in height.
(13)
Coverage, lots served by central sewers. The maximum coverage
of lots served by central sewers shall be 15%.
(14)
Coverage, lots not served by central sewers. The maximum coverage
of lots not served by central sewers shall be 7%.
E.
Location of driveways. No driveway shall intersect a street line
less than 70 feet from the intersection of any two street lines.
F.
Clustering. Residential dwelling units may be clustered as provided
in § 278 of the Town Law. A density bonus not to exceed
20% more dwelling units than would ordinarily be permitted in the
R20,000 District may be permitted by the Planning Board if central
water and sewers are provided and a minimum of 40% of the total land
area of the development is preserved for recreation and/or open space
use.
[Added 10-12-1989 by L.L. No. 6-1989]
A.
Site plan approval. All uses permitted under this section shall be subject to site plan approval as provided by Article VII.
B.
In the HB-I District, permitted principal uses, buildings and other
structures shall be as follows:
|
Amusement and recreation facilities, indoor
| |
|
Automobile laundry
| |
|
Automobile sales area
| |
|
Eating and drinking establishments, excluding drive-in
| |
|
Furniture store
| |
|
Home furnishing and equipment store
| |
|
Ice storage and vending three tons' or less capacity
| |
|
Miscellaneous business services
| |
|
Motel, subject to the additional provisions of § 180-48
| |
|
Motor vehicle service station, subject to the additional provisions of § 180-52
| |
|
Restaurant, excluding drive-in
| |
|
Theater
|
C.
Permitted accessory uses, buildings and other structures shall be
as follows:
|
Accessory buildings and structures customarily associated with
the principal permitted use
| |
|
Off-street parking for commercial vehicles while loading and unloading, as required by § 180-51
| |
|
Off-street parking and automobile storage, as required by § 180-50
| |
|
Signs, as permitted by § 180-55
| |
|
Temporary structures, as permitted by § 180-57
|
D.
Uses for which the Zoning Board of Appeals may issue a special permit in accordance with Article VI shall be as follows:
[Amended 6-10-1993 by L.L. No. 2-1993; 4-14-1994 by L.L. No.
1-1994; 7-10-1997 by L.L. No. 1-1997]
|
Drive-in business, including drive-in outdoor theater, subject to the additional provisions of § 180-41
| |
|
Farmers' market, as permitted by § 180-69
| |
|
Shopping center, in accordance with an integrated site and architectural plan to be approved by the Planning Board as provided by Article VII and which may include uses permitted elsewhere in this section and/or:
| |
|
Apparel and accessory store
| |
|
Bakery employing not more than five persons
| |
|
Bank
| |
|
Bar or tavern
| |
|
Clinic, dental
| |
|
Clinic, medical
| |
|
Credit agency other than bank
| |
|
Drugstore
| |
|
Financial establishment
| |
|
Food store
| |
|
General merchandise store
| |
|
Grocery store
| |
|
Hardware store
| |
|
Insurance carrier, agent, broker and service
| |
|
Laundry, coin-operated, dry cleaner
| |
|
Legal service
| |
|
Miscellaneous retail store, including the making of articles
to be sold at retail on the premises, provided that any such manufacturing
or processing shall be incidental to a retail business and not more
than five persons shall be employed in such manufacturing or processing
| |
|
Miscellaneous service
| |
|
Motion-picture theater other than drive-in
| |
|
Office, business
| |
|
Office, professional
| |
|
Personal service establishment
| |
|
Real estate establishment
| |
|
Repair and machine shop
| |
|
Security and commodity broker, dealer and service
|
E.
Area, yard, height, parking space location, coverage and bulk requirements.
(1)
General. The area, yard, coverage and height provisions established
by this section apply to all permitted uses in HB-I Districts for
which special criteria are not established elsewhere in this chapter.
[Amended 9-11-1980 by L.L. No. 3-1980]
(2)
Area per establishment. Unless otherwise specified, the minimum land
area per establishment shall be one acre.
(3)
Lot dimensions, interior lots. Except as otherwise specified, the
minimum width of an interior lot at the front building line shall
be 200 feet.
(4)
Lot dimensions, corner lots. Except as otherwise specified, the minimum
width of a corner lot at the building line parallel to the street
considered to be the front street shall be 240 feet.
(5)
Area per shopping center. The minimum area of a shopping center for which the Board of Appeals may issue a special permit as provided by Subsection D above is five acres.
(6)
Lot dimensions, shopping center. The minimum width of the front building line of a lot for a shopping center for which the Board of Appeals may issue a special permit as provided by Subsection D above is 400 feet.
(7)
Front yards, interior lots. On interior lots there shall be a front
yard 80 feet in depth, into which space line shall be no encroachment
of structures other than a fence or wall not in excess of six feet
in height, or a sign not larger than 20 square feet, and no encroachment
of commercial usage other than parking space for not more than 25
cars.
(8)
Rear yards, interior lots. There shall be a rear yard of not less than 50 feet, except that in the case of through lots, the front yard requirement specified by Subsection E(7) above shall be observed on both streets.
(9)
Side yards, interior lots. There shall be two side yards with a total
width of 60 feet. The width of the narrower of the two side yards
shall not be less than 1/3 of the total width of the two side yards.
(10)
Yards, corner lots. In the case of a corner lot, both yards abutting streets shall be considered front yards and be determined as provided in Subsection E(7) above. In addition, there shall be one rear yard with a minimum width of 50 feet and one side yard with a minimum width of 20 feet.
(11)
Height. No building shall exceed 35 feet in height.
(12)
Parking space location. No automobile parking space shall extend
nearer to any property line than 20 feet.
(13)
Coverage. The maximum coverage shall be 20%.
(14)
Bulk. The maximum floor area ratio shall be 0.20.
F.
Fire-resistant construction. All building construction in a Highway
Business I (HB-I) District shall be of fire-resistant construction,
as defined herein.
[Amended 9-11-1980 by L.L. No. 3-1980]
G.
Entrances and exits upon public streets.
(1)
Number and spacing. There shall be no more than one entrance and
one exit per establishment on any individual public street, and the
distance between any entrance and exit center line, if separate, shall
not be less than 100 feet in any instance.
(2)
Width. No entrance or exit shall have a width greater than 50 feet.
(3)
Location. The center line of any such entrance or exit shall not
intersect any street line less than 70 feet from the intersection
of any two street lines.
H.
Landscape treatment. All properties shall be appropriately landscaped
particularly at the front. Properties abutting nonbusiness districts
shall be planted to shrubs and trees for a width of not less than
15 feet on the side and rear property lines.
A.
Site plan approval. All uses permitted under this section shall be subject to site plan approval as provided by Article VII.
B.
In the HB-II District, permitted principal uses, buildings and other
structures shall be as follows:
[Amended 7-10-2003 by L.L. No. 1-2003]
|
Amusement and recreation facilities
| |
|
Auto body shop
| |
|
Automobile sales area
| |
|
Boat, boat trailer and marine accessory sales and rental
| |
|
Building materials sales, including lumberyards
| |
|
Cargo trailer, camping trailer sales and rental
| |
|
Commercial greenhouse and plant nursery, including office and
sales yards
| |
|
Construction equipment sales and rental
| |
|
Farm machinery sales and rental
| |
|
Ice storage and vending, three tons' or less capacity
| |
|
Miscellaneous business services
| |
|
Mobile home sales lot
| |
|
Motor vehicle service station, subject to the additional provisions of § 180-52
| |
|
Restaurant, excluding drive-in
| |
|
Salesroom or shop of a builder, contractor or artisan, provided
that no equipment is stored out-of-doors unless enclosed and screened
from view by fences not less than six feet in height
| |
|
Transportation terminal
| |
|
Warehousing, storage buildings
| |
|
Wholesale business
|
C.
Permitted accessory uses, buildings and other structures shall be
as follows:
|
Accessory buildings and structures customarily associated with
the principal permitted use
| |
|
Off-street parking for commercial vehicles while loading and unloading, as required by § 180-51
| |
|
Off-street parking and automobile storage, as required by § 180-50
| |
|
Signs, as permitted by § 180-55
| |
|
Temporary structures, as permitted by § 180-57
|
D.
Uses for which the Zoning Board of Appeals may issue a special permit in accordance with Article VI shall be as follows:
[Amended 6-10-1993 by L.L. No. 2-1993[1]; 4-14-1994 by L.L. No. 1-1994; 7-10-1997 by L.L. No.
1-1997]
|
Drive-in business, including drive-in outdoor theater
| |
|
Farmers' market, as permitted by § 180-69
| |
|
Motor freight terminal
| |
|
Storage of alcohol, gasoline, crude oil, liquefied petroleum gas or other highly flammable substance, subject to the requirements of § 180-56
|
[1]
Editor's Note: This local law provided an effective date of
1-1-1994.
E.
Area, yard, height, parking space location, coverage and bulk requirements.
(1)
General. The area, yard, coverage and height provisions established
by this subsection apply to all permitted uses in HB-II Districts
for which special criteria are not established elsewhere in this chapter.
[Amended 9-11-1980 by L.L. No. 3-1980]
(2)
Area per establishment. Unless otherwise specified, the minimum land
area per establishment shall be one acre.
(3)
Lot dimensions, interior lots. Except as otherwise specified, the
minimum width of an interior lot at the front building line shall
be 200 feet.
(4)
Lot dimensions, corner lots. Except as otherwise specified, the minimum
width of a corner lot at the building line parallel to the street
considered to be the front street shall be 240 feet.
(5)
Front yards, interior lots. On interior lots, there shall be a front
yard 80 feet in depth, into which space line shall be no encroachment
of structures other than a fence or wall not in excess of six feet
in height or a sign not larger than 20 square feet and no encroachment
of commercial usage other than parking space for not more than 25
cars.
(6)
Rear yards, interior lots. There shall be a rear yard of not less than 50 feet, except that in the case of through lots, the front yard requirement specified by Subsection E(5) above shall be observed on both streets.
[Amended 9-11-1980 by L.L. No. 3-1980]
(7)
Side yards, interior lots. There shall be two side yards with a total
width of 60 feet. The width of the narrower of the two side yards
shall not be less than 1/3 of the total width of the two side yards.
(8)
Yards, corner lots. In the case of a corner lot, both yards abutting streets shall be considered front yards and be determined as provided in Subsection E(5) above. In addition, there shall be one rear yard with a minimum width of 50 feet and one side yard with a minimum width of 20 feet.
[Amended 9-11-1980 by L.L. No. 3-1980]
(9)
Height. No building shall exceed 35 feet in height.
(10)
Parking space location. No automobile parking space shall extend
nearer to any property line than 20 feet.
(11)
Coverage. The maximum coverage shall be 20%.
(12)
Bulk. The maximum floor area ratio shall be 0.20.
F.
Fire-resistant construction. All building construction in a Highway
Business II (HB-II) District shall be of fire-resistant construction,
as defined herein.
[Amended 9-11-1980 by L.L. No. 3-1980]
G.
Entrances and exits upon public streets.
(1)
Number and spacing. There shall be no more than one entrance and
one exit per establishment on any individual public street, and the
distance between any entrance and exit center line, if separate, shall
not be less than 100 feet in any instance.
(2)
Width. No entrance or exit shall have a width greater than 50 feet.
(3)
Location. The center line of any such entrance or exit shall not
intersect any street line less than 70 feet from the intersection
of any two street lines.
H.
Landscape treatment. All properties shall be appropriately landscaped,
particularly at the front. Properties abutting nonbusiness districts
shall be planted to shrubs and trees for a width of not less than
15 feet on the side and rear property lines.
A.
Site plan approval. All uses permitted under this section shall be subject to site plan approval as provided by Article VII.
B.
In the HB-III District, permitted principal uses, buildings and other
structures shall be as follows:
|
Auto body shop
| |
|
Building materials sales, including lumberyards
| |
|
Construction equipment sales and rental
| |
|
Mobile home sales
| |
|
Farm machinery sales and rental
| |
|
Transportation terminal
| |
|
Warehousing, storage buildings
| |
|
Wholesale business
|
C.
Permitted accessory uses, buildings and other structures shall be
as follows:
|
Accessory buildings and structures customarily associated with
the principal permitted use
| |
|
Off-street parking for commercial vehicles while loading and unloading, as required by § 180-51
| |
|
Off-street parking and automobile storage, as required by § 180-50
| |
|
Signs, as permitted by § 180-55
| |
|
Temporary structures, as permitted by § 180-57
|
D.
Uses for which the Zoning Board of Appeals may issue a special permit in accordance with Article VI shall be as follows:
E.
Area, yard, height, parking space location, coverage and bulk requirements.
(1)
General. The area, yard, coverage and height provisions established
by this subsection apply to all permitted uses in HB-II Districts
for which special criteria are not established elsewhere in this chapter.
[Amended 9-11-1980 by L.L. No. 3-1980]
(2)
Area per establishment. Unless otherwise specified, the minimum land
area per establishment shall be one acre.
(3)
Lot dimensions, interior lots. Except as otherwise specified, the
minimum width of an interior lot at the front building line shall
be 200 feet.
(4)
Lot dimensions, corner lots. Except as otherwise specified, the minimum
width of a corner lot at the building line parallel to the street
considered to be the front street shall be 240 feet.
(5)
Front yards, interior lots. On interior lots, there shall be a front
yard 80 feet in depth, into which space line shall be no encroachment
of structures other than a fence or wall not in excess of six feet
in height or a sign not larger than 20 square feet and no encroachment
of commercial usage other than parking space for not more than 25
cars.
(6)
Rear yards, interior lots. There shall be a rear yard of not less than 50 feet, except that in the case of through lots, the front yard requirement specified by Subsection E(5) above shall be observed on both streets.
(7)
Side yards, interior lots. There shall be two side yards with a total
width of 60 feet. The width of the narrower of the two side yards
shall not be less than 1/3 of the total width of the two side yards.
(8)
Yards, corner lots. In the case of a corner lot, both yards abutting streets shall be considered front yards and be determined as provided in Subsection E(5) above. In addition, there shall be one rear yard with a minimum width of 50 feet and one side yard with a minimum width of 20 feet.
(9)
Height. No building shall exceed 35 feet in height.
(10)
Parking space location. No automobile parking space shall extend
nearer to any property line than 20 feet.
(11)
Coverage. The maximum coverage shall be 20%.
(12)
Bulk. The maximum floor area ratio shall be 0.20.
F.
Fire-resistant construction. All building construction in a Highway
Business III (HB-III) District shall be of fire-resistant construction,
as defined herein.
[Amended 9-11-1980 by L.L. No. 3-1980]
G.
Entrances and exits upon public streets.
(1)
Number and spacing. There shall be no more than one entrance and
one exit per establishment on any individual public street, and the
distance between any entrance and exit center line, if separate, shall
not be less than 100 feet in any instance.
(2)
Width. No entrance or exit shall have a width greater than 50 feet.
(3)
Location. The center line of any such entrance or exit shall not
intersect any street line less than 70 feet from the intersection
of any two street lines.
H.
Landscape treatment. All properties shall be appropriately landscaped,
particularly at the front. Properties abutting nonbusiness districts
shall be planted to shrubs and trees for a width of not less than
15 feet on the side and rear property lines.
A.
Site plan approval. All uses permitted under this section shall be subject to site plan approval as provided by Article VII.
[Amended 9-11-1980 by L.L. No. 3-1980]
B.
In the M District, permitted principal uses, buildings and other
structures shall be as follows:
|
Manufacturing which does not constitute a nuisance as determined by Subsection E below
| |
|
Motor freight terminal
| |
|
Public utilities installation, including electric transmission
lines
| |
|
Quarrying of stone, sand and gravel, subject to the additional provisions of § 180-54
| |
|
Radio or television transmission facilities and their customary
appurtenances
| |
|
Sawmills and planing mills
| |
|
Storage of alcohol, gasoline, crude oil, liquefied petroleum gas or any other highly flammable substance, subject to the additional requirements of § 180-56
|
C.
Permitted accessory uses, buildings and other structures shall be
as follows:
|
Accessory buildings and structures customarily associated with
the principal permitted uses
| |
|
Off-street parking for commercial vehicles while loading and unloading, as required by § 180-51
| |
|
Off-street parking and automobile storage, as required by § 180-50
| |
|
Signs, as permitted by § 180-55
| |
|
Temporary structures, as permitted by § 180-57
|
D.
E.
Industrial performance standards.
(1)
General. Industrial districts are established to provide for those uses whose activities do not usually constitute a fire hazard or emit smoke, glare, noise, odor or dust or in other ways constitute a nuisance or be detrimental to neighboring properties. For the purposes of this chapter, "nuisances" are defined in Subsections E(2) through (7) below.
(2)
Noise. It shall constitute a nuisance for any person, firm or corporation
to permit the emission of measurable noises, as measured at the individual
property lines, to exceed 70 decibels during the periods between 6:00
a.m. and 10:00 p.m. or 60 decibels during the periods between 10:00
p.m. and 6:00 a.m., except that if the sound level exceeds these established
levels for a period not to exceed six minutes in any 60 minutes, and
then does not exceed these established levels by more than 10%, a
nuisance shall not be deemed to exist.
(3)
Smoke. It shall constitute a nuisance for any person, firm or corporation
to permit the emission of smoke from any source whatever of a density
equal to or greater than that density described as No. 2 on the Ringelmann
Chart as published by the United States Bureau of Mines, except that
if the density of smoke exceeds that described as No. 2 on the Ringelmann
Chart for a period not longer than four minutes in any single period
of 60 minutes, a nuisance shall not be deemed to exist.
(4)
Odor. It shall constitute a nuisance for any person, firm or corporation
to permit the emission of any odor that, as measured at the individual
property line, offensively affects the sense of smell.
(5)
Particulate matter. The rate of emission of particulate matter from
all manufacturing processes within the boundaries of any lot shall
not exceed a net figure of two pounds per hour per acre, of which
no more than 10% by weight of particles larger than 44 microns 325
mesh shall be allowed.
(6)
Noxious gases. It shall constitute a nuisance for any person, firm
or corporation to permit or cause the escape of such quantities of
noxious acids, fumes or gases in such a manner and concentration as
to endanger the health, comfort and safety of any person or cause
or have a tendency to cause injury or damage to property, business
or vegetation.
(7)
Glare. It shall constitute a nuisance for any person, firm or corporation
to permit the edge of the beam of any artificial light source to cross
the boundary line of the lot on which this light source is situated.
For this purpose the edge of the beam is defined as the surface at
which the intensity of light does not exceed 10% of the luminescence
of the center of the beam.
F.
Area, yard, coverage, height and bulk requirements.
(1)
General. The area, yard, coverage and height provisions established
by this subsection apply to all permitted uses in M Districts for
which special criteria are not established elsewhere in this chapter.
(2)
Area per establishment. Except as specified otherwise, the minimum
area per establishment shall be three acres.
(3)
Lot dimensions. Except as specified otherwise, the minimum width
of the lot at the front building line shall be 300 feet.
(4)
Front yards. No part of any building or structure shall extend nearer
than 60 feet to the side line of the street or 85 feet from the center
line of the street whichever requires the greater setback from the
street line. No automobile parking space shall extend closer to the
street line than 20 feet.
(5)
Rear yards. There shall be a rear yard of not less than 35 feet.
(6)
Side yards. There shall be two side yards, each having a width of
not less than 35 feet.
(7)
Height. No building shall exceed 35 feet in height.
(8)
Coverage. The maximum coverage shall be 60%.
(9)
Bulk. The maximum floor area ratio shall be 1.8.
G.
Entrances or exits upon public streets.
(1)
Spacing. The distance between the center line of any adjacent entrance
or exit from an establishment shall be not less than 100 feet.
(2)
Width. No entrance or exit shall have a greater width than 50 feet.
(3)
Location. The center line of any entrance or exit shall not intersect
the street line less than 70 feet from the intersection of any two
street lines.
H.
Fire-resistant construction. All building construction in an Industrial
(M) District shall be of fire-resistant construction, as defined herein.
I.
Landscape treatment. A property abutting a nonindustrial or nonbusiness
district at the side or rear shall be planted to shrubs and trees
for a width of 15 feet on such abutting property line.
A.
In the LC District, permitted principal uses, buildings and other
structures shall be as follows:
[Amended 5-4-1995 by L.L. No. 4-1995; 7-10-1997 by L.L. No.
1-1997]
|
Athletic field
| |
|
Bathing beach
| |
|
Farm
| |
|
Forest nurseries, tree seed gathering and extracting and gathering
of gums and barks
| |
|
Forestry services
| |
|
Golf course
| |
|
Handball court
| |
|
Logging camp
| |
|
Parks, public and private
| |
|
Playground
| |
|
Public use
| |
|
Public utilities' installations, including electric transmission
lines
| |
|
Ski tow
| |
|
Snowmobile area
| |
|
Swimming pool
| |
|
Tennis court
| |
|
Toboggan run
|
B.
Permitted accessory uses, buildings and other structures shall be
as follows:
[Amended 7-10-1997 by L.L. No. 1-1997]
|
Accessory buildings and structures customarily associated with
the principal permitted uses, provided that it can be proven that
the structure would not be located within a floodplain
| |
|
Off-street parking for commercial vehicles while loading and unloading, as required by § 180-51
| |
|
Off-street parking and automobile storage, as required by § 180-50
| |
|
Roadside farm stand, as permitted by § 180-67
| |
|
Signs, as permitted by § 180-55
| |
|
Temporary structures, as permitted by § 180-57
|
C.
Uses for which the Zoning Board of Appeals may issue a special permit in accordance with Article VI shall be as follows:
[Amended 2-9-1989 by L.L. No. 4-1989; 6-10-1993 by L.L. No.
2-1993[1]; 4-14-1994 by L.L. No. 1-1994; 5-4-1995 by L.L. No.
4-1995]
|
Dwelling, one- or two-family, provided that it can be proven
by the builder that the structure would not be located within a floodplain.
Such dwellings will be permitted at the density allowed in the nearest
adjoining residential district
| |
|
Game preserve or wildlife preserve
| |
|
Rod and gun clubs
| |
|
Shooting preserve
| |
|
Storage, open
|
[1]
Editor's Note: This local law provided an effective date of
1-1-1994.
D.
Area, yard, height and coverage requirements.
(1)
General. The area, yard, coverage and height provisions established
by this subsection apply to all permitted uses in Land Conservation
(LC) Districts for which special criteria are not established elsewhere
in this chapter.
(2)
Area per establishment. Except as otherwise specified, the minimum
area per establishment shall be one acre.
(3)
Front yard. There shall be a front yard of not less than 80 feet
in depth, into which space there shall be no encroachment of building
construction or automobile parking.
(4)
Side and rear yards. No building or structure or automobile parking
space shall be placed closer to a side or rear property line than
50 feet.
(5)
Height. No building shall exceed 35 feet in height.
(6)
Coverage. The maximum coverage permitted shall be 5%.
E.
Location of driveways. No driveway center line shall intersect a
street line less than 70 feet from the intersection of any two street
lines.
A.
Site plan approval. All uses permitted under this section shall be subject to site plan approval as provided by Article VII.
B.
In the M-A District, permitted principal uses, buildings and other
structures shall be as follows:
[Amended 7-10-2003 by L.L. No. 1-2003]
|
Business, professional or governmental office park
| |
|
Manufacturing which does not constitute a nuisance as determined by Subsection E below
| |
|
Warehousing, storage buildings
|
C.
Permitted accessory uses, buildings and other structures shall be
as follows:
|
Accessory buildings and structures customarily associated with
the principal permitted uses
| |
|
Off-street parking for commercial vehicles while loading and unloading, as required by § 180-51
| |
|
Off-street parking and automobile storage, as required by § 180-50
| |
|
Signs, as permitted by § 180-55
| |
|
Temporary structures, as permitted by § 180-57
|
D.
Uses for which the Zoning Board of Appeals may issue a special permit in accordance with Article VI shall be as follows:
[Amended 6-10-1993 by L.L. No. 2-1993; 4-14-1994 by L.L. No.
1-1994; 7-10-1997 by L.L. No. 1-1997[1]]
|
Storage of alcohol, gasoline, crude oil, liquefied petroleum gas or any other highly flammable substance either in-ground or aboveground and incidental to a principal permitted use, subject to the requirements of § 180-56
| |
|
Storage of dyes, solvents or other chemicals in fluid form either
in-ground or aboveground and incidental to a principal permitted use
| |
|
Water tower for fire control purposes only
|
E.
Industrial performance standards.
(1)
General. Industrial districts are established to provide for those uses whose activities do not usually constitute a fire hazard or emit smoke, glare, noise, odor or dust or in other ways constitute a nuisance or are detrimental to neighboring properties. For the purposes of this chapter, "nuisances" are defined in Subsections E(2) through (7) below.
(2)
Noise. It shall constitute a nuisance for any person, firm or corporation
to permit the emission of measurable noises, as measured at the individual
property lines, to exceed 70 decibels during the period between 6:00
a.m. and 10:00 p.m. or 60 decibels during the period between 10:00
p.m. and 6:00 a.m., except that if the sound level exceeds these established
levels for a period not to exceed six minutes in any 60 minutes and
then does not exceed these established levels by more than 10%, a
nuisance shall not be deemed to exist.
(3)
Smoke. It shall constitute a nuisance for any person, firm or corporation
to permit the emission of smoke from any source whatever of a density
equal to or greater than that density described as No. 2 on the Ringelmann
Chart as published by the United States Bureau of Mines, except that
if the density of smoke exceeds that described as No. 2 on the Ringlemann
Chart for a period not longer than four minutes in any single period
of 60 minutes, a nuisance shall not be deemed to exist.
(4)
Odor. It shall constitute a nuisance for any person, firm or corporation
to permit the emission of any odor that, as measured at the individual
property line, offensively affects the sense of smell.
(5)
Particulate matter. The rate of emission of particulate matter from
all manufacturing processes within the boundaries of any lot shall
not exceed a net figure of two pounds per hour per acre, of which
no more than 10% by weight of particles larger than 44 microns 325
mesh shall be allowed.
(6)
Noxious gases. It shall constitute a nuisance for any person, firm
or corporation to permit or cause the escape of such quantities of
noxious acids, fumes or gases in such a manner and concentration as
to endanger the health, comfort and safety of any person or cause
or have a tendency to cause injury or damage to property, business
or vegetation.
(7)
Glare. It shall constitute a nuisance for any person, firm or corporation
to permit the edge of the beam of any artificial light source to cross
the boundary line of the lot on which this light source is situated.
For this purpose, the edge of the beam is defined as the surface at
which the intensity of light does not exceed 10% of the luminescence
of the center of the beam.
F.
Area, yard, coverage, height and bulk requirements.
(1)
General. The area, yard, coverage and height provisions established
by this subsection apply to all permitted uses in M-A Districts for
which special criteria are not established elsewhere in this chapter.
(2)
Area per establishment. Except as specified otherwise, the minimum
area per establishment shall be 15 acres.
(3)
Lot dimensions. Except as specified otherwise, the minimum width
of a lot at the front building line shall be 500 feet.
(4)
Front, rear and side yards. No part of any building or structure,
pavement or parking area shall extend nearer than 100 feet to a district
boundary, property line or side line of a street or 150 feet from
the center line of a street, whichever requires the greater setback
from the street line.
(5)
Height. No building shall exceed 35 feet in height, except that such
height may be increased by special permit for a water tower, authorized
by the Zoning Board of Appeals, to 75 feet, provided that no portion
of any structure in excess of 35 feet in height shall be located within
a distance equal to three times such height from a district boundary,
property line or street line.
(6)
Coverage. The maximum building coverage shall be 20%. The maximum
coverage of site for all impervious surfaces shall be 40%.
(7)
Bulk. The maximum floor area ratio shall be 0.40.
G.
Entrances or exits upon public streets.
(1)
Spacing. The distance between the center line of any adjacent entrance
or exit from an establishment shall be not less than 100 feet.
(2)
Width. No entrance or exit shall have a greater width than 50 feet.
(3)
Location. The center line of any entrance or exit shall not intersect
the street line less than 70 feet from the intersection of any two
street lines.
H.
Fire-resistant construction. All building construction in a Light
Industrial (M-A) District shall be of fire-resistant construction,
as defined herein.
I.
Landscape treatment. An industrial site within the Light Industrial (M-A) District shall be landscaped as provided by Article VII for a width of 100 feet on all sides. A property abutting a nonindustrial or nonbusiness district at the side or rear shall be planted to shrubs and trees for a width of 50 feet on such abutting property line. To minimize erosion and stormwater runoff and to maintain the aesthetics of the Town, all portions of the lot not used for buildings, structures, off-street parking and loading, driveways and walkways shall be landscaped and maintained.
[Added 3-10-1988 by L.L. No. 1-1988]
A.
Schedule BD uses.
(1)
Schedule BD, pertaining to Boulevard Districts, is hereby made a
part of this chapter.[1] Buildings, structures and land in a Boulevard District
shall be used for one or more of the uses specified on Schedule BD
as permitted in the District. Any use not listed on Schedule BD is
prohibited.
Uses listed on Schedule BD are permitted or prohibited in accordance
with the following designation and procedure:
|
P
|
=
|
A use permitted in the district as a matter of right
| |
|
S
|
=
|
A use permitted in the district subject to site plan approval by the Planning Board in accordance with Article VII of this chapter
| |
|
x
|
=
|
A use prohibited in the district
|
[1]
Editor's Note: Schedule BD is included as an attachment this
chapter.
(2)
In BD-1 and BD-2 Districts, in addition to other uses that may be
permitted on a lot, there shall be no more than two establishments
consisting of any of the uses listed on line A-1 of Schedule BD.
B.
Schedule BD standards. General regulations concerning the height
of buildings and structures, space and area and yards applicable in
Boulevard Districts are specified on Schedule BD.
(1)
In BD-1, BD-2, BD-5 and BD-6 Districts, there shall be no encroachment
in the required front yard area by structures other than a fence or
wall not exceeding six feet in height or a sign no larger than 20
square feet nor more than five feet in height, and no encroachment
therein of commercial usage other than parking spaces for not more
than 25 cars.
(2)
Parking space location. No automobile parking space nor access aisle to such space shall be located within 15 feet of the right-of-way of Boulevard or within 48 feet of the center line of Boulevard, whichever results in a greater setback from Boulevard, nor within 20 feet of a side or rear property line; provided, however, that the Planning Board, in connection with the approval of a site plan under Article VII of this chapter, may authorize the owners of adjacent lots to establish a common parking area with parking spaces located within less than 20 feet of a side property line.
C.
Fire-resistant construction. All building construction in the Boulevard
District (BD-1 through BD-6) shall be of fire-resistant construction,
as defined herein.
D.
Landscape treatment.
(1)
A strip of land not less than 15 feet in width along any side or
rear property line that abuts Agricultural and Residential Districts
and, where appropriate, along the boundary of any Land Conservation
District, shall be planted with shrubs and trees.
(2)
Any continuous area of a lot consisting of 15 or more parking spaces
shall be provided with not less than one shade tree for each 15 cars
or fraction thereof, which trees shall not be less than three inches
caliper at breast height. Not less than 8% of any continuous area
of a lot consisting of 60 or more parking spaces shall be provided
with protected islands or other planting areas reasonably distributed
within such continuous area so as to break up the appearance of a
continuum of parking, which islands or planting areas shall contain
landscaping, shade trees and shrubs and may include the shade trees
herein required.
(3)
The area required for parking setback from Boulevard specified in Subsection B(2) above shall be landscaped with lawn, shrubs and shade trees in addition to the trees and landscaping required in Subsection D(2) above and in a manner that protects adequate sight lines for vehicles using driveways to Boulevard.
E.
Open storage.
(1)
No open storage areas shall be established in BD-1, BD-2, BD-3 and
BD-6 Districts.
(2)
Open storage areas, where permitted, shall conform to all yard requirements specified for buildings, shall not exceed 25% of the area of the lot and shall be screened from view from any street and any other lot to a height of eight feet by enclosing buildings, fences, walls, embankments or evergreen shrubs or trees; provided, however, that the Planning Board, when approving a site plan under Article VII, may determine that enclosure is not necessary in connection with all or a portion of open storage that is an adjunct to retail sales.
