Unless otherwise noted, the regulations set
by this chapter within each district shall be minimum regulations
and shall apply uniformly to each class or kind of structure or land.
No building, structure or land shall hereafter be used and no building,
structure or part thereof shall be erected, moved or altered unless
for a use expressly permitted by and in conformity with the regulations
herein specified.
A.
The requirements and regulations under the Floodplain District shall conform to Chapter 135, Flood Damage Prevention.
[Added 7-7-1992]
B.
The FP District is subdivided into two categories
(FWA Floodway Area and FFA Floodway Fringe Area). The boundaries for
the FP District are the same as the boundaries for the Flood Hazard
Boundary Maps originating from the Federal Insurance Administration
(FIA). This area may be further refined to include both the Floodway
and the Floodway Fringe District as defined and delineated by the
FIA. The following controls shall apply:
(1)
FWA Floodway Area.
(a)
Uses permitted by right:
[1]
Orchards.
[2]
Off-street parking areas.
[3]
Open recreational uses, including parks, playgrounds,
golf courses, picnic groves, beaches and boat launching areas.
[4]
Unlimited and limited agriculture (excluding
any structures).
[5]
Wildlife sanctuaries, woodland preserves, scenic
sites and arboretums.
(b)
Prohibited uses:
[1]
Landfills of any type.
[2]
Storage of materials or equipment.
[3]
Any other use that would unduly affect the efficiency
or capacity of the floodway or unduly increase flood heights or cause
increased velocities or obstructions or catch and collect debris which
would obstruct flow under flood conditions.
(c)
Existing nonconforming uses. No existing nonconforming
use in the Floodway Area shall be expanded; however, the use way be
modified, altered or repaired to incorporate floodproofing measures
(provided that such measures do not raise the level of the one-hundred-year
flood).[1]
[1]
Editor's Note: Former Section 401A4, which
immediately followed this subsection and dealt with minimum lot size
and permanent structures, was repealed 7-7-1992.
(2)
FFA Floodway Fringe Area.
(a)
Uses permitted by right:
[1]
Facilities for raising insects.
[2]
Flood retention dams, dikes, culverts and bridges
as approved by the State of New York.
[3]
Nurseries, orchards and greenhouses.
[4]
Open storage if contiguous to an industrial
district.
[5]
Outdoor recreation uses, including tennis courts,
parks, a campsite, picnic groves, golf courses and swimming, fishing
and boating facilities.
[6]
Private stables subject to the following restrictions:
[7]
Unlimited and limited agriculture.
[8]
Wildlife sanctuaries, woodland preserves and
arboretums.
[9]
Essential services.
[10]
Single-family residences.
[Amended 7-7-1992]
[11]
Accessory uses.
(b)
Dimensional requirements.
[1]
The minimum horizontal setback for all structures
shall be 75 feet from the top of the slope of any watercourse. The
minimum setback for all structures shall be 60 feet from the road
right-of-way line.
[2]
Where public sewerage is not available (and
sewage disposal is required), no lot shall be built upon which has
insufficient space or conditions for a private sanitary waste disposal
system. Water supply systems and/or sanitary disposal systems shall
be designed to eliminate infiltration of floodwaters into the systems
and discharges from the systems into floodwaters.
[3]
New construction or substantial improvements
of habitable structures shall have the lowest floor (including basement)
elevated to or above the level of the one-hundred-year flood. All
utility and sanitary facilities shall be floodproofed up to the level
of the one-hundred-year flood.
[4]
All structures to be used for human occupancy
must be located on the building site so as to offer the minimum obstruction
to the flow of floodwaters (i.e., longitudinal axis parallel to the
direction of flood flow). All structures (including prefabricated
and mobile homes) must be designed (or modified) to be firmly anchored
to prevent flotation, collapse or lateral movement.
[5]
All utilities (water, sewer, gas and electrical
systems) shall be located and constructed to minimize or eliminate
flood damage. All access roads to structures shall be graded to an
elevation above the one-hundred-year flood. Restrictions of bridge
openings or other narrowing of streams or rivers shall be constructed
at or above the flood protection elevation of the one-hundred-year
flood.[2]
[2]
Editor's Note: Former Section 401B3, Bulk
and area regulations, which immediately followed this subsection,
was repealed 7-7-1992.
[Amended 12-1-1992]
A.
Uses permitted by right:
(1)
Farms, limited agriculture and unlimited agriculture
(excluding public stables).
(3)
Single-family detached residences limited to one residence
per building lot (excluding mobile homes and mobile home parks).
(4)
Private stables in conjunction with principle residences
subject to the following restrictions:
C.
Minimum lot area:
[Amended 8-24-1993; 8-2-2005; 4-4-2006]
(1)
Single-family with sewers: 31,250 square feet with
a minimum width of 125 feet and a minimum depth of 250 feet.
(2)
Single-family without sewers: One acre with a minimum
width of 125 feet and a minimum depth of 250 feet.
(3)
Wetlands, wetland buffer areas, ponds (both retention
and detention) and easement areas are excluded in calculating minimum
square foot, lot width and lot depth requirements.
(4)
Lot width measurement: 125 feet measured from side
lot line to side lot line following the street line and 125 feet measured
using the shortest distance from side lot line to side lot line at
the minimum front yard setback line.
D.
Minimum and maximum front yard setbacks:
[Amended 2-4-2003; 7-5-2005]
(1)
Minimum front yard setback of 75 feet for main structures, 100 feet for detached garages. See § 247-34 for accessory structures.
(2)
Exception for minimum front yard setback. Where the
front setbacks have been previously established by existing structures,
the required minimum front yard setback shall be determined by averaging
the front setback for all principal structures located within 400
feet from either side of the property.
(3)
Maximum front yard setback of 250 feet for main structures.
E.
Minimum side yard setback: 15 feet for dwelling and garages. See § 247-34 for accessory structures.
[Amended 2-4-2003]
F.
Minimum rear yard setback: 50 feet for main structure; 15 feet for detached garage. See § 247-34 for accessory structures.
[Amended 2-4-2003]
I.
Maximum size of detached or attached garage shall
be no more than 50% of the floor area of the primary structure, not
to exceed 1,200 square feet. Only one garage is allowed per building
lot.
[Amended 2-4-2003]
J.
Structures used in customary farming.
[Amended 2-4-2003; 6-4-1996 by L.L. No. 1-1996; 6-3-2008]
(1)
Customary farm and/or agricultural buildings on lots
(parcels) of seven acres and over may be allowed for customary farming
and/or agriculture use.
L.
Commercial vehicles, other than pickup trucks, weighing
in excess of 10,000 pounds GVW shall not be parked on a less than
1 1/2 acre residentially zoned lot.
[Added 8-21-2001; amended 12-2-2003]
[Amended 12-1-1992]
A.
Uses permitted by right:
(2)
Single-family detached residences or one two-family
residence on one building lot (excluding mobile homes and mobile home
parks).
(3)
Farms, limited agriculture and unlimited agriculture
(excluding public stables).
(4)
Private stables in conjunction with principal residences
subject to the following restrictions:
C.
Minimum lot area:
[Amended 8-24-1993; 8-2-2005; 4-4-2006]
(1)
Single-family with sewer: 25,000 square feet with
a minimum width of 100 feet and minimum depth of 250 feet.
(2)
Single-family without sewer: one acre with a minimum
width of 100 feet and minimum depth of 250 feet.
(3)
Two-family/duplex with sewer: 50,000 square feet with
a minimum width of 200 feet and minimum depth of 250 feet.
(4)
Two-family/duplex without sewer: two acres with a
minimum width of 200 feet and a minimum depth of 250 feet.
(5)
Wetlands, wetland buffer areas, ponds (both retention
and detention) and easement areas are excluded in calculating minimum
square foot, lot width and lot depth requirements.
(6)
Lot width measurement: 100 feet measured from side
lot line to side lot line following the street line and 100 feet measured
using the shortest distance from side lot line to side lot line at
the minimum front yard setback line.
D.
Minimum and maximum front yard setbacks:
[Amended 2-4-2003; 7-5-2005]
(1)
Minimum front yard setback of 60 feet for main structures, 100 feet for detached garages. See § 247-34 for accessory structures.
(2)
Exception for minimum front yard setback. Where the
front setbacks have been previously established by existing structures,
the required minimum front yard setback shall be determined by averaging
the front setback for all principal structures located within 400
feet from either side of the property.
(3)
Maximum front yard setback of 250 feet for main structures.
E.
Minimum side yard setback: 15 feet for dwelling and garages. See § 247-34 for accessory structures.
[Amended 2-4-2003]
F.
Minimum rear yard setback: 50 feet for primary structure; 15 feet for detached garage. See § 247-34 for accessory structures.
[Amended 2-4-2003]
I.
Maximum size of detached or attached garages shall
be no more than 50% of the floor area of the primary structure, not
to exceed 1,200 square feet. Only one garage is allowed per building
lot.
[Amended 2-4-2003]
J.
Structures used in customary farming.
[Amended 2-4-2003; 6-3-2008]
(1)
Customary farm and/or agricultural buildings on lots
(parcels) of seven acres and over may be allowed for customary farming
and/or agriculture use.
K.
Multiple-family dwellings (consisting of three- or
four-family dwelling units) shall be subject to the following restrictions:
[Amended 8-24-1993; 6-4-1996 by L.L. No. 1-1996; 9-3-1996]
(1)
Maximum four dwelling units per structure.
(2)
Minimum (of record or planning) lot area for a three-dwelling-unit
multifamily building: 75,000 square feet immediately contiguous to
footprint of structure with a minimum width of 300 feet and a minimum
depth of 250 feet if the lot of record or planning lot is served by
public sewers. If not served by public sewers, a minimum of three
acres is required. (NOTE: Wetlands are excluded in calculating minimum
square foot requirements.)
(3)
Minimum (of record or planning) lot area for a four-dwelling-unit
multifamily building: 100,000 square feet immediately contiguous to
footprint of structure with a minimum width of 400 feet and a minimum
depth of 250 feet if the lot of record or planning lot is served by
public sewers. If not served by public sewers, a minimum of four acres
is required. (NOTE: Wetlands are excluded in calculating minimum square
foot requirements per dwelling unit.)
(4)
Of record or planning lot width is measured perpendicular
to the side lot line of recorded or planning lot at the street/road
and/or driveway line except for cul-de-sac layouts which shall meet
the minimum width requirements at the building line.
(5)
Minimum front yard setback for all buildings and/or
structures, with the exception of accessory structures, is 60 feet
as measured to the front lot line of the recorded or planning lot.
(6)
Minimum side yard setback for all buildings/structures
is 30 feet as measured to the side lot lines of the recorded or planning
lot.
(7)
Minimum rear yard setback for all buildings/structures,
except accessory structures, is 50 feet as measured to the rear line
of the recorded or planning lot.
(8)
Maximum recorded or planning lot coverage with buildings
and/or structures is 15% of recorded or planning lot area.
(9)
Maximum building height: 35 feet.
(10)
Minimum floor area per dwelling unit: 900 square
feet, excluding garages, accessory structures and porches.
(11)
Minimum of four parking spaces per dwelling
unit, including alloted spaces in a garage.
(12)
Maximum garage size: establish via site review.
(13)
Accessory structures.
(a)
One accessory structure may be allowed per dwelling
unit subject to site review. (Intent, i.e.: If association takes care
of grounds, none required. If dwelling units are such an exceptional
size that a large garage area could be provided and still blend in,
none required. The square foot area allowed per accessory structure
could be accumulated to allow for a community storage/clubhouse structure.)
The following setbacks are recommended for accessory-type structures:
(b)
Size shall be determined by site review (maximum
600 square feet).
(14)
Handicapped access shall meet New York State
Uniform Fire Prevention and Building Code standards.
(16)
Multiple-family dwelling proposals shall be treated as subdivisions relative to the property, structures and/or buildings subject to site review, both of which are to be reviewed by the Planning Board of the Town of Pendleton. Property proposed for said dwellings are subject to review under the provisions of the Code of the Town of Pendleton, Chapter 220, Subdivision of Land.
(17)
Upon completion of final plat review by the
Planning Board, a recommendation will be forwarded to the Town Board
for consideration in granting or denying a special exception permit
which is required prior to the issuance of a building permit.
M.
Commercial vehicles, other than pickup trucks, weighing
in excess of 10,000 pounds GVW shall not be parked on a less than
1 1/2 acre residentially zoned lot.
[Added 8-21-2001; amended 12-2003]
[Amended 8-24-1994]
A.
No new single- or two-family/duplex residential construction shall
be allowed in any commercial districts.
[Amended 2-23-2015]
B.
New construction and any modification, alteration
or addition to an existing structure shall be subject to site plan
review by the Planning Board before any building permit is issued.
C.
Uses permitted by right:
(2)
Antique and art shops.
(3)
Baker, confectionery and ice cream shops, including
the baking and processing of food products when prepared for retail
use on premises only.
(4)
Banks and financial institutions.
(5)
Beverage stores, including the sale of beer and liquor.
(6)
Catalog stores.
(7)
Clubs, lodges or meeting halls.
(8)
Drug stores.
(9)
Eating and drinking establishments.
(10)
Florist shops.
(11)
Gift and novelty stores.
(12)
Hardware, paint, glass and wallpaper stores.
(13)
Laundries, launderettes and cleaning and pressing
establishments.
(14)
Mortuaries and funeral parlors.
(17)
Newsstands.
(18)
Nurseries, greenhouses and garden supplies.
(19)
Offices.
(20)
Off-street parking.
(21)
Pet stores.
(22)
Personal services.
(23)
Photography studios.
(24)
Rental stores.
(25)
Repair services of household items.
(26)
Retail sales and service establishments not
more objectionable by reason of noise, fumes, vibration or lights
than any permitted use listed above.
(27)
Schools or places of instruction for music,
dancing, reading, languages, elocution and similar subjects.
(28)
Stores selling convenience goods, including
food products, hardware, newspapers, magazines, drugs, variety items,
apparel, beer and liquor.
(29)
Essential services.
(30)
Accessory uses.
(31)
Semipublic and public uses.
[Added 5-3-2011]
D.
Minimum lot area: 50,000 square feet.
E.
Minimum lot width: 200 feet.
F.
Maximum lot coverage by buildings: 45%.
I.
Minimum rear yard setback: 50 feet.
J.
Maximum building height: 35 feet.
K.
Multifamily dwellings (consisting of three or more dwelling units)
shall be subject to the following restrictions:
[Added 2-23-2015[3]]
(1)
Minimum lot width: 200 feet.
(2)
Minimum lot square footage: 50,000 square feet.
(3)
Maximum lot coverage by buildings, includes garages: 35%.
(5)
Minimum front yard setback: 60 feet.
(6)
Minimum rear yard setback: 50 feet.
(7)
Maximum height: 35 feet.
(8)
Minimum floor area per dwelling unit:
(a)
One bedroom unit: 675 square feet.
(b)
Two bedroom unit: 850 square feet.
(c)
Three bedroom unit 1,000 square feet.
(d)
When any units are more than 3 bedrooms, the minimum square
footage shall be determined at the Planning Board's discretion.
(e)
No more than 20% of the total units within a multifamily dwelling
development shall be three-bedroom units.
(f)
All stairways to the second floor shall be located inside the
building.
(9)
Maximum building length: 75 feet. The wall for a structure or parallel
walls of adjacent structures shall not continue in the same place
for a length of more than 25 feet without an offset of at least 4
feet.
(10)
Minimum space between buildings: 25 feet.
(11)
Building grouping or cluster and access. Each group or cluster
shall have access to a public or private road. If there are more than
12 dwelling units, direct access must be provided to a public road.
Within a group or cluster, each dwelling unit is accessible by means
of a private road or driveway. Standards of this road shall meet Planning
Board specifications. If there are more than 50 dwelling units, the
Planning Board may require additional access to a public road.
(13)
Planted buffer strip between parking area or accessway and the
adjoining property.
(15)
Storage area: 200 cubic feet for each dwelling unit.
(16)
Every building shall be provided with garbage and refuse storage
and collection areas enclosed and screened from view and away from
the front of the buildings.
(17)
Every structure shall have a minimum setback of 15 feet from
all interior roads, driveways and parking areas .The entire area of
a multifamily development not improved for driveways, parking areas
or covered by buildings or walkways shall be landscaped and properly
maintained at all times.
(19)
Cellar occupancy prohibited.
(20)
All multifamily dwelling projects shall be subject to Planning
Board review.
[3]
Editor's Note: This ordinance also provided for the renumbering
of former Subsection K as Subsection L.
[Added 8-24-1994]
A.
No new single- or two-family/duplex residential construction
shall be allowed in any commercial district.
[Amended 6-8-2015]
B.
New construction and any modification, alteration
or addition to an existing structure shall be subject to site plan
review by the Planning Board before any building permit is issued.
C.
Uses permitted by right:
(1)
All uses listed in the CO1 District.
(2)
Agricultural implement sales and service.
(3)
Automobile sales and related sales or service facilities.
(4)
Building materials and retail sales.
(5)
Department and variety stores.
(6)
Feed and seed stores.
(7)
Food stores and food lockers.
(8)
Furniture and appliance sales and service, but not
including assembly or manufacture.
(9)
Hotels and motels.
(10)
Indoor and outdoor recreation, including bowling
alleys, pool halls, dance halls, amusement centers, amusement parks,
miniature golf and driving ranges.
(11)
Mobile home and trailer sales and service.
(12)
Monument sales.
(13)
Plumbing, heating and roofing supply retail
sales.
(14)
Public uses, excluding the storage of road materials,
road equipment and garages, incinerators and landfills of any type.
(15)
Theaters.
(18)
Essential services.
(19)
Accessory uses.
D.
Minimum lot area: 50,000 square feet.
E.
Minimum lot width: 200 feet.
F.
Maximum lot coverage by building: 45%.
I.
Minimum rear yard setback: 50 feet.
J.
Maximum building height: 35 feet.
A.
No new single- or two-family/duplex residential construction
shall be allowed in any Light Industrial Zone.
[Added 8-24-1994; amended 2-23-2015]
B.
All new construction and any modification, alteration
or addition to an existing structure shall be subject to site plan
review by the Planning Board before any building permit is issued.
[Added 8-24-1994]
C.
Uses permitted by right:
(2)
Farms, limited agriculture and unlimited agriculture.
[Added 6-3-2008]
(3)
Animal shelters and facilities for raising insects
and birds.
[Amended 4-5-2005]
(4)
Automobile painting, upholstering, motor and body
work.
(5)
Bottling works.
(6)
Building materials sales yard.
(7)
Building contractor shops.
(8)
Carpenter and cabinet maker.
(9)
Electronic and small parts assembly and/or manufacture.
(10)
Laboratories and research facilities.
(11)
Locksmiths.
(12)
Machine shops.
(13)
Manufacture, compounding, processing or treatment
of such products as bakery goods, confectionaries, cosmetics, dairy
products, drugs, ice, perfumes, pharmaceuticals, toiletries and food
products (except the following: fish, sauerkraut, pickles, vinegar,
yeast and the rendering of oils and fats).
(14)
Manufacture, fabrication, compounding, assembling,
treatment and processing of articles of merchandise from the following
previously prepared materials: cellophane, ceramics, cloth, film,
fiber, glass, leather, paper and paper board, plastic, precious textiles,
yarn or paint or wood.
[Amended 8-24-1994]
(15)
Metalsmiths.
(16)
Off-street parking.
(17)
Public uses.
(18)
Radio and television towers.
(19)
Repair shop.
(21)
Wholesale businesses.
(22)
Essential services.
(23)
Accessory uses.
(24)
Semipublic uses.
[Added 5-3-2011]
E.
Minimum lot area: 50,000 square feet.
F.
Minimum lot width: 200 feet.
G.
Maximum lot coverage: 50%.
J.
Minimum rear yard setback: 50 feet.
K.
Maximum building height: 35 feet.
[Added 8-30-1982; amended 8-24-1994]
A.
No new residential construction shall be allowed in
any Special Light Industrial Zone, except in a designated mobile home
park or by special exception.
B.
All new construction and any modification, alteration
or addition to an existing structure shall be subject to site plan
review by the Planning Board before any building permit is issued.
E.
Minimum lot area: 50,000 square feet.
F.
Minimum lot width: 200 feet.
G.
Maximum lot coverage: 50%.
H.
Minimum front yard setback: 100 feet.
J.
Minimum rear yard setback: 50 feet.
K.
Maximum building height: 35 feet.
