[Amended 10-19-1977 by L.L. No. 3-1977; 8-11-1987 by L.L. No. 2-1987; 11-23-1999 by L.L. No. 3-1999]
The following regulations are applicable to
all residential districts:
A.
Customary household pets shall be allowed in all districts.
The keeping of livestock shall be allowed on any lot in any district
until the gross residential density reaches a point of development
in excess of two dwelling units per acre in the immediate vicinity
of the site. The "immediate vicinity" shall be taken to mean a one-fourth-mile-square
area (40 acres) centered on the site in question.
B.
No structure shall have a height exceeding 2 1/2
stories or 35 feet; provided, however, that this regulation shall
not apply to barns, silos, water towers or tanks, windmills or other
farm buildings or farm structures on farms actively engaged in farming.
C.
The finished grade of a lot or the residential portion
thereof shall have a minimum slope of 2% and a maximum slope of 7%
away from the dwelling wall to ensure adequate surface and ground
water drainage. Side and rear slopes will be subject to approval by
the Building Inspector and Town Engineer.
D.
No cellar shall be used for dwelling purposes. No
basement shall be used for dwelling purposes unless there is above-grade
habitable space.
E.
All buildings, including accessory buildings, shall
cover not more than 30% of the area of the lot.
F.
No single-family detached residence shall be built
in any district of the Town with a building area less than 640 square
feet or with usable living area less than 960 square feet.
G.
Prior to the issuance of any zoning permit, the Building Inspector and/or Town Engineer shall review the plans as to their adequacy in the provision of water and the disposal of stormwater and sanitary wastes. All zoning permits are subject to the requirements and procedures as stated in § 140-43.
H.
I.
Storage of vehicles, campers, trailers and boats.
Unless a stricter regulation for a specific district applies, no motor
vehicles, trailers, campers or boats shall be stored or parked for
more than 15 days on a residential lot outside of existing buildings
thereon, except in back of the actual front setback of the principal
dwelling and within the permitted side and rear setbacks applicable
to the buildings on said lot.
J.
Parking of trucks and other commercial vehicles with
a capacity of over one ton shall be prohibited in all residential
areas except when on said premises for permitted business purposes.
K.
Off-street parking.
(1)
For one-family and two-family houses, there shall
be provided on each residential lot a minimum of two parking spaces
for each family allowed to occupy the dwelling.
(2)
Multiple-family residences.
(a)
Multiple-family residence projects designed
exclusively for occupancy by senior citizens shall provide a minimum
of one off-street parking space for each dwelling unit of one or two
bedrooms.
(b)
All other multifamily residences shall provide
a minimum of two off-street parking spaces for each dwelling unit
containing two or more bedrooms, and 1 1/2 spaces for each other
dwelling unit.
(3)
All other dwellings shall provide one off-street parking
space for each dwelling unit and/or unit accommodation.
(4)
Buildings other than dwellings or buildings part of
which contain customary home occupations or professional offices shall
provide one off-street parking space for every 100 square feet of
gross floor area devoted to such use.
(5)
Any off-street parking area for more than five vehicles
shall be surfaced with an asphalt or portland cement binder pavement
and shall be so graded and drained as to dispose of all surface water
accumulation within the area.
L.
Measurement of lot width. In order to accommodate
various road designs and configurations, the minimum lot width required
shall be measured at the minimum front setback distance required under
this chapter and shall be no less than the minimum lot width for a
distance of 40 feet extending back from the minimum front setback
line. See the appendix at the end of this chapter for typical lot
layouts for various situations which may be encountered.[3]
[3]
Editor's Note: Said lot layouts are on file
in the office of the Town Clerk.
M.
Corner lots and through lots. For the purposes of
regulating the locations of buildings on corner lots and on lots extending
through or between two nonintersecting streets, all buildings on a
corner lot or a through lot shall be subject to the front yard requirements
of the zoning district in which said corner lot or through lot is
located on those sides which face the streets. See the appendix at
the end of this chapter for typical lot layouts for various situations
which may be encountered.[4]
[4]
Editor's Note: Said lot layouts are on file
in the office of the Town Clerk.
[Amended 2-8-1983 by L.L. No. 1-1983; 8-11-1987 by L.L. No.
2-1987; 11-23-1999 by L.L. No. 3-1999]
A.
The Recreation-Conservation District is established
in order to permit the development of extensive open areas for camping,
recreational or conservation purposes.
B.
Permitted uses.
(1)
The following uses are permitted in this district:
(a)
Farm uses.
(b)
Summer camps and/or campgrounds.
(d)
Game farms and fishing areas.
(e)
Picnic grounds.
(f)
Riding stables and trail areas.
(g)
Snowmobile trails.
(h)
Single-family dwellings for the occupancy of
resident-managers and/or the property owner, provided that there is
at least 15,000 square feet of lot area per dwelling unit, exclusive
of that area devoted to the primary use.
(2)
Uses of a similar character but not specifically listed
above may apply to the Planning Board for a special permit. Such permits
shall be granted upon a finding by the Board that said use is indeed
of the same general character of the above-permitted uses.
D.
All uses adhere to the following physical requirements:
(1)
There are no specific minimum lot areas or frontage
requirements as such; however, such dimensions shall be demonstrably
sufficient for the purpose intended.
(2)
The minimum front setback shall be 100 feet. The minimum
side and rear setbacks shall be 25 feet, except that any side or rear
yard which abuts a dedicated street shall require a minimum setback
of 50 feet.
[Amended 6-12-1984 by L.L. No. 2-1984; 9-11-1984 by L.L. No.
4-1984[1]; 8-11-1987 by L.L. No. 2-1987; 6-9-1992 by L.L. No. 3-1992; 2-24-1998 by L.L. No. 2-1998; 11-23-1999 by L.L. No. 3-1999]
A.
Purpose. The RS-20 Suburban Residential District is
established in order to permit the orderly development of land for
suburban residential uses, to protect the environment and quality
of life and to discourage the development of frontage properties along
major roads for individual residential accesses.
B.
Permitted uses shall be as follows:
(1)
Farm uses.
(2)
Single-family residences.
(3)
Upon receipt of a special use permit from the Planning Board in accordance with the procedures of § 140-38F of this chapter:
(a)
Roadside stands for the sale of agricultural
products actually grown or raised on the premises.
(b)
Tree nurseries and commercial greenhouses.
(c)
Public buildings and grounds.
(d)
Animal kennels and/or animal hospitals.
(e)
Two-family residences.
(f)
Ice-cream stands, only in conjunction with, and accessory to, a roadside stand permit issued in Subsection B(3)(a) of this section and subject to the following additional requirements:
[1]
That the sale of ice cream or similar products
is limited to the time between May 15 and September 15 of each year.
[2]
That hours of operation are limited to 11:00
a.m. to 11:00 p.m.
[3]
That the area of the building devoted to the
sale of ice cream is no greater than 25% of the area of the entire
roadside stand, or 200 square feet, whichever is less.
[4]
That there are no tables, chairs or benches
for public seating inside of any building.
[5]
That there are no more than four four-foot-by-eight-foot
picnic tables outside of the building.
[6]
That the stand employs not more than one employee
outside of the family.
[7]
That any sign is limited to six square feet
and that the sign is portable and not used when the stand is not open.
[8]
That sufficient off-street parking is provided
to accommodate employees and customers of both the roadside stand
and ice-cream stand.
(g)
Day-care centers, with the following additional
requirements:
[Added 7-11-2000 by L.L. No. 4-2000]
D.
Dimensional requirements in the RS-20 District shall
be as follows:
(1)
Single-family and two-family dwellings with individual
sewage disposal (septic):
(a)
Minimum lot area: 20,000 square feet.
(b)
Minimum lot width: 100 feet.
(c)
Minimum setback:
[1]
Front: 40 feet; 75 feet on a major road.
[2]
Side: 10 feet.
[3]
Rear: 30 feet to dwelling, 10 feet to other
structures.
[4]
Corner lots: Both sides abutting a street, road
or highway shall be considered front yards and shall be subject to
the front setback requirement. Both sides not abutting a street, road
or highway shall be considered to be rear yards and shall be subject
to the rear setback requirement.
(2)
Single-family dwellings in nonintegral subdivisions
with public sanitary sewers:
(a)
Minimum lot area: 15,000 square feet, except
that the minimum lot area for corner lots shall be 16,500 square feet.
(b)
Minimum lot width: 100 feet.
(c)
Minimum setback for lots other than corner lots:
[1]
Front: 40 feet; 75 feet on a major road.
[2]
Side: 10 feet.
[3]
Rear: 30 feet to dwelling or attached garage;
10 feet to other structures.
[4]
Corner lots: Both sides abutting a street, road
or highway shall be considered front yards and shall be subject to
the front setback requirement. Both sides not abutting a street, road
or highway shall be considered to be rear yards and shall be subject
to the rear setback requirement.
(3)
Single-family dwellings with integral subdivisions
with public sanitary sewers:
(a)
Minimum lot area: 12,500 square feet, except
that corner lots which shall have a minimum of 14,000 square feet.
(b)
Minimum lot width: 90 feet.
(c)
Minimum setback:
[1]
Front: 40 feet; 75 feet on a major road.
[2]
Side: 10 feet.
[3]
Rear: 30 feet to dwelling or attached garage;
10 feet to other structures.
[4]
Corner lots: Both sides abutting a street road
or highway shall be considered front yards and shall be subject to
the front setback requirement. Both sides not abutting a street, road
or highway shall be considered to be rear yards and shall be subject
to the rear setback requirement.
(4)
Two-family dwellings with public sanitary sewers in
integral and nonintegral subdivisions:
(a)
Minimum lot area: 17,000 square feet.
(b)
Minimum lot width: 100 feet.
(c)
Minimum setback:
[1]
Front: 40 feet; 75 feet on a major road.
[2]
Side: 10 feet.
[3]
Rear: 30 feet to dwelling or attached garage;
10 feet to other structures.
[4]
Corner lots: Both sides abutting a street, road
or highway shall be considered front yards and shall be subject to
the front setback requirement. Both sides not abutting a street, road
or highway shall be considered to be rear yards and shall be subject
to the rear setback requirement.
(5)
Farms:
(a)
Minimum lot area: five acres.
(b)
Minimum lot width: 200 feet.
(c)
Minimum setback:
[1]
Front: 40 feet; 75 feet on a major road.
[2]
Side: 10 feet.
[3]
Rear: 30 feet to dwelling or attached garage;
10 feet to other structures.
[4]
Corner lots: Both sides abutting a street, road
or highway shall be considered front yards and shall be subject to
the front setback requirement. Both sides not abutting a street, road
or highway shall be considered to be rear yards and shall be subject
to the rear setback requirement.
[5]
Notwithstanding the above, structures intended
to house animals, other than customary household pets, shall be set
back at least 100 feet from any property line.
E.
Notwithstanding the provisions of § 140-19L, development of flag lots in private roads in an RS-20 District is permitted, subject to the following restrictions which are intended to supersede any inconsistent provisions in this chapter:
(1)
The minimum lot size shall be three acres when serviced
by a private sewage disposal system and two acres when serviced by
public sewers.
(2)
The minimum right-of-way frontage on an existing state,
Town or county road shall be 15 feet; provided, however, that in no
case will the total width of the combined right-of-way of all flag
lots in a subdivision be less than 30 feet or more than 60 feet wide.
(3)
The maximum number of lots sharing a common private
road shall be four.
(4)
Private road specifications are as follows:
(b)
In addition, the owner shall cause to be recorded
in the Monroe County Clerk's office a declaration of covenants, restrictions
and easements, in a form acceptable to the Town's Attorney, which
shall, at a minimum, provide:
[1]
For reciprocal easements for use of each owner
of a lot in said subdivision.
[2]
For a declaration that the Town has no responsibility
for the maintenance of said private road.
[3]
That maintenance of the road is to be paid for
by the owners of the lots. "Maintenance" shall include normal upkeep,
reconstruction, drainage, snowplowing and any and all other costs
which may be associated with such road.
[4]
For a provision that if the road is offered
to the Town for dedication in the future, the road will first be brought
up to Town specifications for a dedicated road at the expense of the
owners of the lots in the subdivision.
[5]
That no certificate of occupancy can be issued
until the road is installed in accordance with the above specifications
and to the satisfaction of the Town Zoning Officer or Engineers.
(5)
Minimum usable living area of each dwelling shall
be 1,280 square feet. Each dwelling must have an attached enclosed
garage at least 24 feet by 24 feet in dimension. No two-family homes
are permitted.
(6)
Minimum side setbacks shall be 30 feet. The minimum
front setback shall measure from the end of the "pole" (the narrow
part of the lot by which the lot gains frontage on the highway, street
or road) most distant from the highway, street or road on which the
pole exists.
(7)
Each building lot shall have an area at least 150
feet wide and 150 feet deep (from the end of the pole which is most
distant from the highway, street or road on which the pole exists)
on which the dwelling and attached garage must be located.
(8)
Where water services are available, the supply line
shall be of adequate size to provide fire protection as determined
by the Town Engineer and Building Inspector.
(9)
Except where inconsistent, all other provisions of
this chapter shall apply.
(10)
Nothing contained herein is intended to supersede
any laws, regulations or requirements set forth by the State of New
York regarding shared uses of properties.
[1]
Editor's Note: This local law contained a
diagram of placement of flag lots on parcels of land. This diagram
is on file in the office of the Town Clerk.
[Amended 1-28-1986 by L.L. No. 1-1986; 3-1-1994 by L.L. No. 1-1994; 11-23-1999 by L.L. No. 3-1999]
A.
The RS-10 Suburban Residential District is established
in order to permit the complete suburbanization of the central area
of the Town of Clarkson at densities suitable to fully serviced areas.
B.
Permitted uses.
(1)
All uses permitted in an RS-20 District are also permitted
in an RS-10 District, in accordance with the same conditions as pertain
to an RS-20 District.
(2)
In addition, the following uses are permitted, subject to a special permit issued by the Planning Board in accordance with the procedures of § 140-38F.
(b)
Recreational and community buildings and facilities designed for the exclusive use of residents of multiple-family residences [Subsection B(2)(a) of this section] and their guests.
(c)
Single apartments in single-family homes, provided
that the owner is the main resident and that the external appearance
of the house is that of a single-family dwelling.
(e)
Congregate housing, in accordance with the following:
[1]
The number of units per building shall not exceed
160.
[2]
The minimum square footage requirements for each unit shall be 20% less than specified in § 140-23H.
[3]
Parking. There shall be one parking space for
each building unit.
[4]
Density shall be determined by the Planning
Board, keeping in mind that such housing is designed primarily for
senior citizens.
D.
In the absence of a public sanitary sewer system,
development regulations shall be identical to those for RS-20 Districts.
For houses on integral subdivision roads, if a public sanitary sewer
system is provided, development regulations are as follows:
(1)
Single-family dwellings on integral subdivision roads:
(a)
Minimum lot area: 11,000 square feet, except
that corner lots shall have a minimum of 12,500 square feet.
(b)
Minimum lot width: 90 feet.
(c)
Minimum setback:
[1]
Front: 40 feet; 75 feet on a major road.
[2]
Side: 10 feet.
[3]
Rear: 30 feet to dwelling or attached garage;
10 feet to other structures.
[4]
Corner lots: Both sides abutting a street, road
or highway shall be considered front yards and shall be subject to
the front setback requirement. Both sides not abutting a street, road
or highway shall be considered to be rear yards and shall be subject
to the rear setback requirement.
(2)
Two-family dwellings on integral subdivision roads:
(a)
Minimum lot area: 13,000 square feet, except
that corner lots shall have a minimum of 14,500 square feet.
(b)
Minimum lot width: 90 feet.
(c)
Minimum setback for lots other than corner lots:
[1]
Front: 40 feet; 75 feet on a major road.
[2]
Side: 10 feet.
[3]
Rear: 30 feet to dwelling or attached garage;
10 feet to other structures.
[4]
Corner lots: Both sides abutting a street road
or highway shall be considered front yards and shall be subject to
the front setback requirement. Both sides not abutting a street, road
or highway shall be considered to be rear yards and shall be subject
to the rear setback requirement.
E.
All other regulations of RS-20 Districts shall apply
to RS-10 Districts.
A.
It is the intent of the Town of Clarkson to permit,
where appropriate, the construction and development of multiple-family
units in the Town. At the same time, the Town does not desire the
large-scale development of these units to the extent that large areas
of the Town become so devoted to such use that single-family residences
would appear out of place. Accordingly, special permits shall be considered
only upon application for a specific proposal. In reaching its decision
on such applications, the Planning Board shall consider the general
criteria set forth below, the most current Master Plan for the Town
of Clarkson, if any, and this statement of intent.
B.
In accordance with the intent of this section, no
project proposal shall be considered for a special permit if the number
of multiple-family units of the proposed development, taken together
with all the existing and previously approved multiple-family units,
will exceed 30% of the total number of dwelling units of all types,
both existing and approved, in the Town of Clarkson. Similarly, the
multiple-family units, as calculated above, shall not exceed 50% of
the total dwelling units within the RS-10 District centered on the
Clarkson Corners area.
C.
No project proposal will be considered unless adequate
public water supply and sanitary sewers are available.
D.
Dimensional regulations shall be as follows:
(1)
Minimum size of site: one acre. This applies to the
total proposal, including platted areas, if any.
(2)
Maximum project size: No single proposal outside of
a planned unit development shall encompass over 300 multiple-family
units.
(3)
Site coverage: The maximum site coverage by all buildings
and structures is 30% of the lot area, such percentage to be calculated
on the basis of total project area, regardless of whether or not portions
thereof need to be platted for townhouses.
(4)
Maximum building height: 36 feet.
(5)
Yard requirements:
(a)
No building shall be nearer than 70 feet to
the street line of any dedicated street peripheral to the site size.
(b)
No building shall be nearer than 30 feet to
the street line of any interior project road. In the case of nondedicated
streets and roads, this setback shall be measured from the limits
of the paved area.
(c)
No building shall be nearer than 40 feet to
any interior lot line, other than those lot lines defining an individual
unit in a townhouse, if any.
(7)
Building capacity: No single building shall contain
more than 12 dwelling units, and at no such time shall there be more
than six dwelling units in a row.
[Amended 10-19-1977 by L.L. No. 3-1977]
(8)
Density: The maximum number of dwelling units per
gross acre, which acreage includes interior project roads and parking
areas, depends upon the specific structural style used. Those multiple
residences constructed as a linear series of noncommunicating units
with no common hallways or entrances shall be limited to 10 such dwelling
units per acre. Apartments constructed in the so-called "garden apartment"
style, where units are above one another and have common hallways
and/or entrances, shall be limited to 15 such dwelling units per acre.
E.
All multiple-residence areas shall be suitably landscaped,
including the provision of vegetation of suitable species and at appropriate
levels of maturity in order to screen effectively dissimilar uses
from one another, both visually and acoustically, and to protect and
enhance the overall quality of the environment.
F.
Every development shall have within it suitable open
space available for the use of the residents. As a general rule, 400
square feet of such open space per resident family is an adequate
reservation. Development of this open space for passive and/or active
recreational uses shall be provided in a manner suitable to the prospective
occupants of the development. Area devoted to swimming pools and other
such formal recreation areas shall be considered in meeting this requirement.
Yard areas may also be so considered as long as access to them is
not prohibited by fencing or other means, but parking areas shall
not be included in such assessment.
G.
Site plan approval. All multiple-residence developments shall be subject to site plan approval by the Planning Board in accordance with the procedures established in § 140-43. In addition to the general factors to be considered there, the following specific objectives shall be looked for:
(1)
Building spacing and layout. Buildings shall be located
so that the privacy of individual units is protected and so that their
arrangement creates usable open spaces, avoids monotonous, undifferentiated
silhouettes and produces a satisfactory microclimate. In no case shall
buildings be any closer to one another than 25 feet.
(2)
Parking areas. Meeting total parking space requirements
is, by itself, insufficient, unless the spaces are so distributed
as to service the individual units. As a general standard, no resident
should have to travel more than 200 feet between his car and door.
Parking lots themselves should be kept small and in other ways broken
up into smaller units through provision of islands and plantings.
Headlights should be prevented from shining into living units by use
of effective screening. Maneuvering area for moving vans shall be
reasonably provided throughout so as to provide convenient access
to the individual units.
(3)
Pedestrian circulation. Sidewalks and pathways should
be integrally designed so as to provide safe and convenient access
between buildings and between buildings and internal recreation, parking
and service areas.
(4)
Any development with only one access road shall have
one or more accessways, subject to the approval of the Town of Clarkson
Superintendent of Highways, for the use of emergency vehicles.
H.
Floor area. Minimum floor area, exclusive of common
area such as hall, foyer and basement utility area, shall be as follows:
[Amended 10-19-1977 by L.L. No. 3-1977]
I.
Recognizing that it is cumbersome and self-defeating,
if not impossible, to anticipate all possible design contingencies,
both the Planning Board and the Town Board reserve the right to raise
any other related questions as may be appropriate in achieving the
intent of this section. Similarly, an applicant may present alternative
designs for consideration that may exceed some of the numeric limits
of other subsections in this section if he can demonstrate that his
design solution is in keeping with the intent of this section, requires
such deviation to take advantage of a unique feature about the site
and will result in a development superior to that which could be achieved
within the provisions of this section. Differential economic returns
to the developer are irrelevant in such a representation, although
provision of needed housing to otherwise economically excluded families
is hereby deemed a public purpose worthy of consideration in such
a representation.
A.
The Mobile Home District is established to permit
the development of mobile home parks within the Town of Clarkson.
It is deemed desirable to limit the number of mobile homes to 10%
of the total dwelling units within the Town. During periods of mobile
home development activity, the ratio may, at any one time, be as high
as 15%. However, once the fifteen-percent limit is reached, no additional
permits will be issued until the overall ratio is reduced back to
10% or less.
B.
District limits. Application for a rezoning for a
Mobile Home District shall be limited to the RS-20 District north
of Gilmore Road. No rezonings shall be granted in the absence of sanitary
sewers and public water supply.
C.
Rezoning. Rezonings will be made subject to the provisions
of the Mobile Home Park Ordinance of the Town of Clarkson, only upon
application for specific projects.
A.
Intent. Inasmuch as the Town of Clarkson has the good
fortune to have within its limits a unique concentration of homes
and other structures of distinctive architectural value, and the preservation
of these features for the enjoyment and education of all residents,
present and future, is in the best interests of the community and
supportive of the public welfare, it is the intent of the Town Board
to take affirmative action to preserve these structures as active
buildings for the full use and enjoyment of their owners while ensuring
the maintenance of those features of the building that make them noteworthy.
It is the further intent of this section to ensure that development
of the immediate surroundings of this district does not become inimical
to these interests.
B.
Limits of the district shall be as follows:
(1)
On the north side of Ridge Road from the westerly
property line of Parcel No. 404-700 to the easterly property line
of Parcel No. 376-500, and for a depth of 400 feet from the street
line of Ridge Road.
(2)
On the south side of Ridge Road from the westerly
property line of Parcel No. 324 to the easterly property line of Parcel
No. 305, and for a depth of 400 feet from the street line of Ridge
Road.
(3)
On the west side of Lake Road from a southerly property
line of Parcel No. 134-500 to the southerly street line of Ridge Road,
and for a depth of 400 feet from the street line of Lake Road.
(4)
Other properties may be included upon recommendation
of the Architectural Review Board and approval of the Clarkson Town
Board after public hearing.
[Amended 8-11-1987 by L.L. No. 2-1987]
C.
Uses permitted. This section does not in any way alter
the permitted uses established by the zoning district in which the
properties in question are situated.
D.
Architectural Review Board.
[Amended 1-28-1986 by L.L. No. 2-1986; 9-14-1998 by L.L. No.
6-1998; 3-13-2001 by L.L. No. 2-2001]
(1)
Regular members. In order to implement the provisions
of this section, there is hereby created an Architectural Review Board
of three persons, one of whom must be a resident of the district itself.
Members of the Board must be residents of Clarkson. The members shall
be appointed by the Town Board for a period of three years, except
that the terms of the first appointees shall be staggered so that
no more than one new appointment need be made in any year. Members
may be reappointed if the Town Board so desires. The Town Board shall,
by resolution, designate the Chairperson of the Architectural Review
Board. In the absence of a Chairperson, the Architectural Review Board
may designate a member to serve as Chairperson.
(2)
Alternate members. The Town Board may, in its discretion,
appoint one alternate member who shall serve at the call of the Chairperson
in the event that another member cannot participate in a decision
because of illness, resignation, conflict of interest or other absence.
Said alternate member shall be a resident of the Town of Clarkson.
(3)
Licensed architect. The Town Board shall appoint a
licensed architect who shall be consulted by the Board with respect
to applications. The architect need not be a resident of the Town
of Clarkson. The Architectural Review Board shall refer all applications
to the architect for review.
E.
Classes of buildings within the district. The first
task of the Architectural Review Board shall be to categorize all
buildings lying within the district into one or two classes: Class
I buildings are those that are themselves worthy of preservation,
in whole or in part, due to certain features of the building itself;
Class II buildings are all other buildings in the district. In addition,
the Architectural Review Board shall document those features about
Class I buildings that place them in that category.
F.
Zoning permits.
[Amended 8-11-1987 by L.L. No. 2-1987]
(1)
Upon application to the Zoning Officer for a zoning
permit for property within the district, the application will be referred
by the Zoning Officer to the Architectural Review Board. The Board
may request of the applicant any additional drawings, plans or other
data necessary to carry out the intent of this section. The Zoning
Officer shall not issue any zoning permits without the approval of
the Architectural Review Board.
(2)
The Architectural Review Board shall, within 35 days
of receipt of all requested information and exhibits, approve, modify
or disapprove the application. The grounds for said approval, modification
or disapproval shall be:
(a)
For Class I buildings, the preservation and/or enhancement of those features described in the historical inventory established under § 140-25E.
(b)
For Class II buildings, an architectural design
and site plan that is in keeping with the architectural style of adjacent
Class I buildings and will in no way detract from their value.
(3)
Setbacks for reconstruction of existing or destroyed
buildings.
[Added 5-8-2007 by L.L. No. 3-2007]
(a)
Where an application is made to reconstruct
an existing structure or a structure previously existing which was
destroyed by fire or other cause, the preexisting setback may be continued
even if it less than that otherwise required unless such setback would
violate a provision of the New York State building and construction
law.
(b)
A permit to rebuild a structure which has been
destroyed by fire or other cause must be made within one year from
the time that the structure was destroyed. After one year, the applicant
will be referred to the Zoning Board of Appeals.
G.
Adjacent properties. Applications for zoning permits on properties adjacent to the district for construction of buildings that will be visible from the district will also be referred to the Architectural Review Board for approval. In reviewing such applications, the Architectural Review Board will not necessarily concern itself with style, but rather with bulk and mass, and will employ the general criteria of § 140-25F(2)(b). Style would be germane if, in the opinion of the Architectural Review Board, it were such a disparate nature as to actually work against the intent of this section.
[Amended 8-11-1987 by L.L. No. 2-1987]
H.
Procedure.
[Added 9-14-1998 by L.L. No. 6-1998[1]]
(1)
Upon receipt of an application for a zoning permit
in the district, the Zoning Officer shall immediately notify the Chairman
of the Architectural Review Board.
(2)
The Chairman shall then call a meeting of the Architectural
Review Board to be held within 10 days upon written notice to all
members. Should all members and the applicant concur, the ten-day
requirement may be waived.
(3)
All meetings of the Architectural Review Board shall
be open to the public subject to the provisions of the Public Officers
Law.
(4)
The applicant shall be notified by first-class mail
of all meetings of the Architectural Review Board at which its project
will be discussed.
(5)
The Architectural Review Board shall be subject to
the rules and regulations of the State Environmental Quality Review
Act and shall seek guidance from the Conservation Board prior to any
decision.
(6)
A quorum of two members of the Architectural Review
Board shall be required to conduct business. In order for a motion
to carry, either in favor or against, there must be at least two votes
cast either for or against. It shall not be necessary for a member
or alternate member to have been present at all sessions regarding
an application to cast a vote, but the person voting should review
all previous notes of the meetings in arriving at a decision.
[Amended 3-13-2001 by L.L. No. 2-2001]
(7)
The Board shall issue its decision within 35 days
after the receipt of the complete application. Each and every decision
shall include findings of fact which support the decision of the Board.
Failure of the Board to issue its decision within this thirty-five-day
time period shall result in the application being approved by default.
I.
Appeals. Decisions of the Architectural Review Board
may be appealed to the Zoning Board of Appeals in the form of a variance.
Variances by the Board of Appeals may be granted only upon findings
of fact contrary to those of the Architectural Review Board.
[Added 11-23-1999 by L.L. No. 3-1999]
A.
Intent. In addition to the general purposes of this
chapter, it is the intent of the High-Density Single-Family Residential
District to provide housing choices which, while suited for independent
ownership, have fewer maintenance requirements than homes on larger
lots. While not restricted to any one group, these homes would appeal
to senior citizens. These units would be handicapped accessible or
handicapped adaptable. At the time of enactment of this section, there
is no property within the Town zoned RHD. This district is intended
to be a floating zone to be placed in areas currently zoned residential
and served by both public sanitary sewers and public water. The Town
does not desire the large-scale development of these units to the
extent that large areas of the Town become so devoted to such use
that more conventional RS-10 or RS-20 uses would appear out of place.
E.
Regulations for single-family homes in the RHD District:
(1)
Building requirements.
(2)
Site requirements.
(a)
Minimum project size: five acres.
(b)
Minimum lot area: 9,000 square feet.
(c)
Minimum width: 60 feet.
(d)
Minimum depth: 150 feet.
(f)
Building coverage. The maximum lot coverage
by buildings on a single lot in the RHD District shall be 30%.
(g)
Parking. At a minimum there shall be an attached,
enclosed one-car garage for each unit. In addition, there shall be
sufficient parking space for not fewer than two full-size automobiles.
(h)
Sidewalks shall be provided on at least one
side of the road. Sidewalks shall be maintained as part of the homeowners'
association or by the landlord in the case of units designed and used
as rentals.
(i)
Lighting. All RHD subdivisions shall have suitable
streetlighting designed to provide residents good visibility at night.
(j)
Landscaping. The developer shall provide a landscaping
plan which, at a minimum, shall provide for at least two trees on
each lot. The trees shall be at least four inches in diameter and
five feet above the ground. The type of the trees shall be determined
by the Planning Board with the advice of the Conservation Board taking
into consideration the soil, placement and anticipated growth rate.
(k)
Drainage. All drainage from buildings, driveways
and yards shall be piped underground to a storm sewer system.
(l)
Buffer area. There shall be a buffer area of
at least 20 feet between the area zoned for high-density residential
and any other zoning district. The Planning Board shall determine
the type of screening required, keeping in mind the characteristic
of adjoining properties.
(3)
Other requirements.
(a)
Exterior maintenance. The exterior of the homes,
including the yards, drainage facilities, sidewalks, siding and roofs,
shall be maintained by a homeowners' association. In the case of units
designed as rental units, the Planning Board may, after review of
the maintenance plan and schedule presented by the developer, waive
the requirement for a homeowners' association.
(b)
Care shall be taken that a variety of exteriors
be projected. The Planning Board shall require that the developer
submit a plan, acceptable to the Planning Board, showing a variety
of exterior appearances.
A.
Purpose.
(1)
The purpose of this section is to permit variation
in lot size and housing type in suitable areas in order to encourage
flexibility of design, to enable such land to be developed in such
a manner as to promote its most appropriate use, to facilitate the
adequate and economical provision of streets and utilities and to
preserve the natural and scenic qualities of open space, in accordance
with § 278 of the New York State Town Law.
[Amended 11-23-1999 by L.L. No. 3-1999]
(2)
This purpose is achieved by permitting lot sizes to
be reduced in a subdivision tract if:
B.
General conditions and requirements.
(1)
If a subdivider makes written application to the Planning
Board for the use of this procedure, the Planning Board is hereby
empowered to implement these provisions at its discretion if, in the
Board's judgment, their application at the particular location is
desirable and would contribute to the general well-being of the neighborhood
and community and would benefit the Town.
(2)
The minimum area required to qualify for this procedure
shall be 10 contiguous acres of land.
(3)
This procedure applies only to residentially-zoned
land.
(4)
In addition to the foregoing, an average-density development
subdivision plat may be approved only if the Planning Board determines:
(a)
That such development will not be detrimental
to the health, safety or general welfare of persons residing in the
vicinity or injurious to property or improvements within its proximity.
(b)
That the proposed development is in conformity
with the objectives of the Master Plan.
(c)
That the gross density will be no greater than
if the tract were developed in accordance with the existing zoning
requirements.
(5)
The subdivider shall dedicate for open space purposes
the same percentage of the entire tract as that by which the lot area
has, on the average, been reduced.
(6)
The area dedicated for open space purposes, including
playgrounds and parks, shall be in a location and shape approved by
the Planning Board.
C.
Specific requirements. Any subdivision plat considered
under this procedure shall conform to the following standards, which
are to be regarded as minimum requirements:
(1)
For the purpose of administering this regulation,
the following method shall be used for determining the maximum number
of dwelling units that shall be permitted in an average-density development:
(a)
Determine the total area, in acres, of the proposed subdivision. For the purpose of this section, the term "total area" shall include all the land within the proposed subdivision that is intended and usable for the following purposes: residences, playgrounds, neighborhood parks, interior streets and reserved open space, including easements for natural watercourses if these meet the open space standards set forth in Subsection C(3) hereof.
(b)
Multiply the total area, in acres, as defined in Subsection C(1)(a) above, by the permitted density (units per acre) in the district. If more than one district is involved, determine the total area in each of the individual districts, multiply each total area (acres) by the permitted density (units per acre) appropriate to each district and sum the individual multiplications. The product or sum of products thus obtained represents the maximum number of dwelling units which may be permitted in a subdivision being considered under these provisions.
[Amended 8-11-1987 by L.L. No. 2-1987]
(2)
The sizes of lots in an average-density development
may vary from the normal requirements of the district dimensions,
but no lot dimension or area requirement of the district shall be
reduced by more than 50% without the express consent of the Town Board.
(3)
Land reserved for open space shall, in the judgment
of the Planning Board, be of a character and location suitable for
whatever open space purposes the land shall primarily be reserved
for, such as natural areas, wildlife preserves, conservation areas,
outdoor recreation sites, neighborhood parks, nature centers, wetlands,
memorial forests, natural watercourses or other open space uses. The
Planning Board may require that the open space be located at a suitable
place on the edge of the subdivision so that additional land may be
added at such time as the adjacent land is subdivided. Reserved open
space shall not be narrower than 200 feet, except where necessary
to provide a pathway or other means of access. An easement for a natural
watercourse dedicated to the Town may be considered as open space
for the purpose of this regulation if such easement is at least 200
feet wide.
