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Town of Holland, NY
Erie County
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[Amended 3-9-1983; 7-13-1988 by L.L. No. 2-1988]
A. 
Permitted principal uses. Permitted principal uses shall be as follows and shall be in accordance with § 120-77 of this chapter:
[Amended 5-12-1993 by L.L. No. 1-1993]
(1) 
One-family dwelling, providing the floor area of the unit shall not be less than 1,120 square feet for a single floor and not less than 1,440 total square feet for two or more floors, exclusive of garage and basement space.
[Amended 4-14-2004 by L.L. No. 1-2004[1]]
[1]
Editor's Note: This local law also repealed former § 120-22, C-OS Conservation and Open Space District, and renumbered former § 120-23 as § 120-22.
(2) 
Churches and other similar places of worship, parish houses, convents, cemeteries and other such facilities of recognized religious groups.
(3) 
Public schools, private schools and nursery schools.
(4) 
Municipal parks, playgrounds and recreation areas and buildings, public library and government buildings or uses deemed necessary and appropriate by the Town Board.
(5) 
County, state or federal parks, forests, recreation areas and buildings.
(6) 
Nursing homes.
(7) 
Farming and gardening, floriculture and horticulture pursuits, including but not limited to gardens, greenhouses, plant nurseries, truck gardens, and any other crop farming, excluding farm animal operations and housing.[2]
[Amended 9-11-2013 by L.L. No. 1-2013]
[2]
Editor's Note: Former Subsection A(8), pertaining to dwellings used on a seasonal basis, which immediately followed this subsection, was repealed 4-14-2004 by L.L. No. 1-2004.
(8) 
One hunting and fishing cabin per lot.
[Added 6-14-2017 by L.L. No. 2-2017]
B. 
Permitted accessory uses. Permitted accessory uses shall be as follows:
(1) 
Private garages.
(2) 
Customary residential storage structures.
(3) 
Animal shelters for domestic house pets.
(4) 
Other customary residential structures, such as private swimming pools, fireplaces, trellises, lampposts and the like. Any aboveground swimming pool with a maximum water holding depth of 18 inches or less will be exempt from zoning requirements.
[Amended 9-11-2013 by L.L. No. 1-2013]
(5) 
Customary farm buildings for the storage of products or equipment located on the same parcel as a farm.[3]
[3]
Editor's Note: Former Subsection B(6), Home occupation, and B(7), Professional office, which immediately followed this subsection, were repealed 5-12-1993 by L.L. No. 1-1993.
C. 
Special permit uses. Special permit uses shall be as follows:
(1) 
Public utility uses.
(2) 
Camping grounds.
(3) 
Outdoor quasi-public and commercial recreation or amusement area.
(4) 
Veterinarian office.
(5) 
Animal kennel or hospital.
(6) 
Excavation operations.
(7) 
Farm animal operations and housing of farms on less than 10 acres and not less than three acres on one separate parcel of owned or rented land, together with all customary buildings and other structures necessary for the production and storage of the products of such pursuits, provided that no buildings, pens and runways for the confinement of livestock or poultry shall be within 50 feet of any lot line, and no manure or other dust-producing substances shall be stored within 100 feet of any lot line.
[Amended 4-14-2004 by L.L. No. 1-2004; 11-14-2007 by L.L. No. 2-2007; 9-11-2013 by L.L. No. 1-2013; 6-14-2017 by L.L. No. 2-2017]
(8) 
Restricted industrial uses.
(9) 
Cluster residential developments.
(10) 
Planned unit developments.
(11) 
Mobile homes in accordance with Chapter 83, Mobile Homes.
(12) 
Multifamily dwellings.
(13) 
Electric generator wind tower.
[Amended 5-12-1993 by L.L. No. 1-1993]
(14) 
Two-family dwelling, provided that the average floor area of each unit shall not be less than 720 square feet, exclusive of garage and basement area if the building is constructed on one level. Two-family dwellings constructed on two levels shall consist of a ground floor with a minimum of 960 square feet, exclusive of garage and basement area.
[Added 5-12-1993 by L.L. No. 1-1993; amended 6-8-1994 by L.L. No. 3-1994]
(15) 
Home occupation.
[Added 5-12-1993 by L.L. No. 1-1993]
(16) 
Professional office.
[Added 5-12-1993 by L.L. No. 1-1993]
(17) 
Outdoor wood stoves for the purpose of heating the interior of structures.
[Added 11-14-2007 by L.L. No. 2-2007]
(18) 
Private wildlife reservations or conservation projects, including the customary buildings and structures thereof.
[Added 11-14-2007 by L.L. No. 2-2007]
(19) 
Oil and natural gas wells.
[Added 8-8-2012 by L.L. No. 2-2012]
D. 
Other uses which in the opinion of the Town Board and upon the recommendation of the Planning Board are similar in nature to those permitted herein.
[Added 4-14-2004 by L.L. No. 1-2004]
[Added 4-14-2004 by L.L. No. 1-2004[1]]
A. 
Permitted principal uses. Permitted principal uses shall be as follows and shall be in accordance with § 120-77 of this chapter:
(1) 
One-family dwellings, provided the floor area of the unit shall not be less than 1,120 square feet for a single floor and not less than 1,440 total square feet for two or more floors, exclusive of garage and basement space.
(2) 
Two-family dwellings, provided that the average floor area of the unit shall not be less than 720 square feet per unit, exclusive of garage and basement space.
(3) 
Churches and other similar places of worship, parish houses, rectories, convents, cemeteries and other such facilities of recognized religious groups.
(4) 
Nursing homes.
(5) 
Farms and related farming activities, provided that no storage of manure or odor- or dust-producing substance shall be permitted within 100 feet of an adjoining lot line, except as provided in Subsection C(6).
B. 
Permitted accessory uses. Permitted accessory uses shall be as follows:
(1) 
Private garages for use by residents.
(2) 
Customary residential storage structures.
(3) 
Animal shelters for domestic house pets.
(4) 
Other customary residential structures, such as private swimming pools, fireplaces, trellises, lampposts and the like.
(5) 
Professional offices, provided that they are carried on in conjunction with a residential use on the property.
(6) 
Farms of 10 acres or more.
C. 
Special permit uses. Special permit uses shall be as follows:
(1) 
Public utility uses.
(2) 
Camping grounds.
(3) 
Outdoor commercial recreation.
(4) 
Veterinarian office.
(5) 
Animal kennel or hospital.
(6) 
Farms of less than 10 acres but five or more acres.
(7) 
Cluster residential development (one-family dwelling).
(8) 
Planned unit development.
(9) 
Multifamily dwellings.
(10) 
Home occupation.
(11) 
Outdoor woodstoves for the purpose of heating the interior of structures.
[Added 11-14-2007 by L.L. No. 2-2007]
D. 
Other uses which in the opinion of the Town Board and upon the recommendation of the Planning Board are similar in nature to those permitted herein.
[1]
Editor's Note: This local law also renumbered former § 120-23, R-A Rural, Residential and Agricultural District, as § 120-22 and repealed former § 120-22, C-OS Conservation and Open Space District.
[Amended 7-13-1988 by L.L. No. 2-1988]
A. 
Permitted principal uses. Permitted principal uses shall be as follows and shall be in accordance with § 120-77 of this chapter:
[Amended 5-12-1993 by L.L. No. 1-1993]
(1) 
One-family dwellings, provided that the floor area of the unit shall not be less than 1,120 square feet for a single floor and not less than 1,440 total square feet for two or more floors, exclusive of garage and basement space.
[Amended 4-14-2004 by L.L. No. 1-2004]
(2) 
Two-family dwelling, provided that the average floor area of the unit shall not be less than 720 square feet, exclusive of garage and basement area if the building is constructed on one level. Two-family dwellings constructed on two levels shall consist of a ground floor with a minimum of 960 square feet, exclusive of garage and basement area.
[Amended 6-8-1994 by L.L. No. 3-1994]
(3) 
Churches and other similar places of worship, parish houses, rectories, convents, cemeteries and other such facilities of recognized religious groups.
(4) 
Public schools, private schools and nursery schools.
(5) 
Municipal parks, playgrounds and recreation areas and buildings, public library and other governmental uses deemed necessary and appropriate by the Town Board.
B. 
Permitted accessory uses. Permitted accessory uses shall be as follows:
(1) 
Private garages for use by residents.
(2) 
Customary residential storage structures.
(3) 
Animal shelters for domestic house pets.
(4) 
Other customary residential structures, such as private swimming pools, fireplaces, trellises, lampposts and the like. Any aboveground swimming pool with a maximum water holding depth of 18 inches or less will be exempt from zoning requirements.
[Amended 9-11-2013 by L.L. No. 1-2013]
(5) 
Professional offices, provided that they are carried on in conjunction with a residential use on the property.[1]
[1]
Editor's Note: Former Subsection B(5), Home occupations, was repealed 1-8-1992 by L.L. No. 1-1992. That local law also provided for the renumbering of former Subsection B(6) to B(5).
C. 
Special permit uses. Special permit uses shall be as follows:
(1) 
Public utility uses.
(2) 
Cluster residential developments.
(3) 
Mobile homes in accordance with Chapter 83, Mobile Homes.[2]
[2]
Editor's Note: Original Section 6.04, R-2 Medium Density Residential District, which immediately followed this subsection, was deleted 7-13-1988 by L.L. No. 2-1998.
(4) 
Multifamily dwellings.
(5) 
Bed-and-breakfast, boarding- or rooming houses.
[Amended 6-8-1994 by L.L. No. 3-1994]
(6) 
Home occupations.
[Added 1-8-1992 by L.L. No. 1-1992]
(7) 
Outdoor wood stoves for the purpose heating the interior of structures.
[Added 11-14-2007 by L.L. No. 2-2007]
D. 
Other uses which, in the opinion of the Town Board and upon recommendation of the Planning Board, are similar in nature to those permitted herein.
[Added 10-8-2008 by L.L. No. 4-2008]
A. 
All permitted uses require a special use permit in this district and shall be governed by the approval site development plan required in Article VI.
[Amended 7-9-1997 by L.L. No. 4-1997]
B. 
Permitted uses.
(1) 
Permitted principal uses. Permitted principal uses shall be as follows:
(a) 
Retail and general business establishments such as, but not limited to, the following:
[1] 
Stores selling groceries, meats, baked goods and other such items.
[2] 
Drugstores and pharmacies.
[3] 
Stationery and variety stores.
[4] 
Hardware, small appliance, radio and television stores.
[5] 
Clothing and personal sundry shops.
[6] 
General or department stores.
[7] 
Restaurants or other establishments serving food and/or beverages.
[Amended 7-13-1988 by L.L. No. 2-1988]
[8] 
Hotel, motel, lodging or boarding house.
[9] 
Indoor commercial and recreational uses and theaters, excluding adult entertainment.
[Amended 11-14-2007 by L.L. No. 2-2007]
(b) 
Personal service establishments such as, but not limited to, the following:
[1] 
Business, banking, financial and professional offices.
[2] 
Barber- and beauty shops.
[3] 
Shoe repair shops.
[4] 
Tailor shops, dry-cleaning shops and self-service laundries.
[5] 
Repair shops and service goods such as those permitted under Subsection B(1)(a) above.[1]
[1]
Editor's Note: Former Subsection 120-25B(1)(c), regarding similar business uses, was repealed 7-9-1997 by L.L. No. 4-1997. This local law also redesignated former Subsection B(1)(d), (e), (f) and (g) as Subsection B(1)(c), (d), (e) and (f).
(c) 
Mixed dwelling and nondwelling uses, provided that in every case where a dwelling unit or dwelling units are located in the same building with a nondwelling use, said dwelling unit or units shall have two means of egress from such buildings for all such units not located on the ground floor, have available for use to each unit or units one off-street parking space and have, on the lot and accessible to each dwelling unit or units, 200 square feet of usable open space for each such dwelling unit.
(d) 
Churches and other similar places of worship, parish houses, rectories, convents or other such facilities of recognized religious groups.
(e) 
Commercial off-street parking area.
(f) 
Meeting halls or auditoriums and membership clubs.
(2) 
Permitted accessory uses. Permitted accessory uses shall be as follows:
(a) 
Off-street parking and loading areas.
(b) 
Garage for commercial vehicles.
(c) 
Customary accessory uses to a permitted principal use or approved special permit use.
C. 
Special permit uses.
[Amended 5-12-1993 by L.L. No. 1-1993; 6-8-1994 by L.L. No. 3-1994; 7-9-1997 by L.L. No. 4-1997; 6-14-2017 by L.L. No. 2-2017]
(1) 
Special permit uses shall be as follows:
(a) 
Multifamily dwellings.
(b) 
Gasoline service stations.
(c) 
Wholesale business, provided that such business is conducted entirely within an enclosed structure.
(d) 
Public utility uses.
(e) 
Shopping plazas.
(f) 
Bed-and-breakfast, boarding- or rooming houses.
(g) 
Wineries/breweries/distilleries.
(2) 
Other uses which, in the opinion of the Town Board and upon the recommendation of the Planning Board, are similar in nature to those permitted herein.
A. 
All permitted uses require a special permit in this district and shall be governed by the approved site development plan required in Article VI.
[Amended 7-13-1988 by L.L. No. 2-1988]
B. 
Permitted uses.
(1) 
Permitted principal uses. Permitted principal uses shall be as follows:
[Amended 7-13-1988 by L.L. No. 2-1988]
(a) 
Retail and general business establishments, such as but not limited to the following:
[1] 
Stores selling groceries, meats, baked goods and other such items.
[2] 
Drugstores and pharmacies.
[3] 
Stationery and variety stores.
[4] 
Hardware, small appliance, radio and television stores.
[5] 
Clothing and personal sundry shops.
[6] 
General or department stores.
[7] 
Restaurants or other establishments serving food and/or beverages.
[8] 
Hotel, motel and lodging or boarding house.
[9] 
Indoor commercial or recreational uses and theaters, not to include adult entertainment facilities.
[Amended 4-14-2004 by L.L. No. 1-2004]
[10] 
Gasoline service stations.
[11] 
Automotive repair garages.
[12] 
Wholesale businesses.
[13] 
Public utility uses.
[14] 
Shopping plazas.
[15] 
Outdoor commercial recreation areas.
[16] 
Commercial garage.
[Added 5-12-1993 by L.L. No. 1-1993]
(b) 
Personal service establishments, such as but not limited to the following:
[1] 
Business, banking, financial and professional offices.
[2] 
Barber- and beauty shops.
[3] 
Shoe repair shops.
[4] 
Tailor shops, dry-cleaning shops and self-service laundries.
[5] 
Repair shops and service goods, such as those permitted under Subsection B(1)(a) above.
(c) 
Meeting halls or auditoriums and membership clubs.
(d) 
Drive-in restaurants.
(e) 
New and used car showrooms and sales lots.
(2) 
Permitted accessory uses. Permitted accessory uses shall be as follows:
(a) 
Off-street parking and loading area.
(b) 
Garage for commercial vehicles.
(c) 
Customary accessory uses to a permitted principal use or approved special permit use.
(3) 
Other uses which, in the opinion of the Town Board and upon the recommendation of the Planning Board, are similar in nature to those permitted herein.
[Added 7-9-1997 by L.L. No. 4-1997]
A. 
All permitted uses require a special permit in this district and shall be governed by the approved site development plan required in § 120-77.
[Amended 7-13-1988 by L.L. No. 2-1988; 5-12-1993 by L.L. No. 1-1993]
B. 
Permitted uses.
(1) 
Permitted principal uses. Permitted principal uses shall be as follows:
[Amended 7-13-1988 by L.L. No. 2-1988]
(a) 
Light industrial uses. Any use of a light industrial nature is permitted which involves only the processing, assembly or packaging of previously prepared or refined materials, provided that at no time will such use result in or cause:
[1] 
Dissemination of dust, effluents, smoke, smog, radiation, observable gas, waste products, fumes or odors or other atmospheric pollution, objectionable noise, glare or vibration or other objectionable environmental conditions beyond the boundaries of the lot.
[2] 
Hazard of fire or explosion or other physical hazard to any adjacent building or to any plant growth on any land adjacent to the site of the use.
(b) 
The following uses are indicative of those which are intended to be permitted:
[1] 
Manufacture of machinery, such as carburetor and small machine parts, cash registers, sewing machines and typewriters, calculators and other office machines, etc.
[2] 
Fabrication of metal products, such as baby carriages, bicycles, metal foil, tin, aluminum, gold, etc., metal furniture, musical instruments, sheet metal products and toys, etc.
[3] 
Fabrication of paper products, such as bags, book bindings, boxes and packaging material, office supplies and toys, etc.
[4] 
Fabrication of wood products, such as boats, boxes, cabinets and woodworking, furniture and toys, etc.
[5] 
Food and associated industries, such as bakeries, bottling of food and beverages, food and cereal mixing and milling, food processing, food sundry manufacturing, ice cream manufacturing and manufacturing of spirituous liquor, etc.
[6] 
The warehousing or storage of goods and products, such as building materials, farm supplies and the like, which may be sold from the premises to the general public. The bulk storage of fuel for resale is specifically excluded from the intent of the above.
(c) 
Office buildings for executive, engineering and administrative purposes.
(d) 
Scientific or research laboratories devoted to research, design and/or experimentation and processing and fabricating incidental thereto.
(e) 
The manufacturing and processing of pharmaceutical and cosmetic products.
(f) 
Wholesale businesses, contractor's yards exterior storage, lumberyards and laundry and dry-cleaning establishments.
(g) 
Veterinarian office, animal kennel or hospital.
(h) 
Farms and related farming activities, provided that no storage of manure or odor or dust-producing substance shall be permitted within 100 feet of an adjoining lot line.[1]
[1]
Editor's Note: Former Subsection B(1)(i), Gasoline service stations, which immediately followed this subsection, was repealed 4-14-2004 by L.L. No. 1-2004 and subsequent Subsection B(1)(j) and (k) were renumbered (i) and (j).
(i) 
Public utility uses.
(j) 
Commercial garage.
[Added 5-12-1993 by L.L. No. 1-1993]
(2) 
Permitted accessory uses. Permitted accessory uses shall be as follows:
(a) 
Retail sales areas accessory uses to a permitted principal use.
(b) 
Customary accessory uses to a permitted principal use or approved special permit use.
(c) 
Private garages and storage buildings which are necessary to store any vehicles, equipment or materials on the premises.
(3) 
Other uses which, in the opinion of the Town Board and upon the recommendation of the Planning Board, are similar in nature to those permitted herein.
[Added 7-9-1997 by L.L. No. 4-1997]
Notwithstanding the provisions of any other section of this chapter, the following shall be prohibited in all districts:
A. 
Waste material storage or processing.
B. 
Use, processing or reduction of animal matter in a manner to cause odor beyond the boundaries of the lot.