The purpose of the Low Density Residential Zone
is to provide an area of limited development where it is deemed most
desirable in the Town to maintain larger lots for development and
permit the possibility of continued agricultural use of the areas
without limiting the areas to solely agricultural uses.
Only the following buildings or uses are permitted
as a matter of right in a Low Density Residential Zone:
B.
A two-family dwelling consisting of a principal dwelling unit and
an internal or attached accessory dwelling unit, provided that:
[Amended 12-11-2017 by L.L. No. 20-2017]
C.
Nursery or farm, except a hog farm. On-site retail sales of farm and nursery products shall be subject to the provisions of § 270-56H below. Usual farm buildings are permitted, provided that:
D.
Publicly owned park or playground including accessory
buildings and improvements.
E.
Any municipal or public utility purpose necessary
to the maintenance of utility services except that substations and
similar structures shall be subject to the same setback requirements
as apply to residences in the district in which the substations or
similar structures are constructed.
F.
Day-care homes, family day-care homes and group family
day-care homes.
G.
Community residence.
H.
Any lawful farm purpose, including usual farm buildings and structures, but excluding rendering plants, on lands the principal use of which is as a farm and which are located within a county agricultural district created under the provisions of Article 25-AA of the New York State Agriculture and Markets Law, notwithstanding the provisions of Subsection C above and regardless of the size of the lot, provided that such use is in compliance with all other provisions, such as yard regulations, building area, and other provisions governing Low Density Residential Zones.
[Added 8-1-2005 by L.L. No. 7-2005]
I.
Small wind energy facilities, subject to the limitations on small wind energy facilities set forth in § 270-219.4.
[Added 8-11-2008 by L.L. No. 13-2008]
J.
In addition to the uses of barns as principal buildings on farm lots or for farm purposes pursuant to Subsection C or H, respectively, a barn building that is at least 50 years old may be a principal building on a lot that is not used as a farm, or that is not used for farm purposes pursuant to Subsection H. Any such barn building may be used for any of the permitted principal uses in the Low Density Residential Zone, subject to the requirements in this article and chapter. Notwithstanding the prohibition in § 270-226 against more than one principal building on a lot, a building permit may be issued for construction of another principal building on the lot, provided that the barn building becomes an accessory building to the other building upon issuance of a certificate of compliance for the other building. If a barn building becomes an accessory building pursuant to this provision, its uses as an accessory building are subject to the requirements of this article and chapter. A barn building that becomes an accessory building pursuant to this provision may exceed or contribute to the exceedance of the cumulative square footage limit for accessory buildings in § 270-56C, provided that no expansion of the barn building or other accessory buildings is allowed once the cumulative square footage limit is met.
[Added 3-13-2017 by L.L.
No. 6-2017]
The following uses are permitted in a Low Density
Residential Zone, but only upon receipt of a special permit for same
from the Planning Board in accordance with the procedures set forth
in this chapter:
A.
Church or other places of worship, convent and parish
house.
B.
Cemetery and the buildings and structures incident
thereto.
C.
Public, parochial and private schools, public library,
public museum, day-care center, nursery school, and any institution
of higher learning including dormitory accommodations.
D.
Fire station or other public building necessary to
the protection of or the servicing of a neighborhood.
E.
Golf course, driving range or miniature golf course.
F.
Clinic and nursing or convalescent home, provided
that no building so used shall be within 100 feet from any street
or within 150 feet of the lot line of any adjoining owner.
G.
Clubhouse or lodge, provided that no building so used
shall be within 100 feet from any street or within 150 feet of the
lot line of any adjoining owner.
H.
Bed-and-breakfast.
I.
Equestrian facility, provided that adequate provision
is made to prevent nuisance to adjoining residences and provided:
(1)
The lot size is at least two acres (three acres if
public sewers are not available);
(2)
There is a nonoccupied and nonused buffer of at least
50 feet around the perimeter of the lot;
(3)
Any building in which farm animals are kept shall
be at least 100 feet from any lot line or street line; and
(4)
No manure shall be stored within 100 feet of any lot
line or street line.
J.
Landscaping service provider and tree-care service provider, provided
that adequate provision is made to prevent nuisance to adjoining residences
and provided:
[Added 10-21-2019 by L.L.
No. 8-2019]
(1)
The minimum lot size is 10 acres;
(2)
There is a nonoccupied buffer of at least 50 feet around the perimeter
of the lot that cannot be used for the permitted use;
(3)
Outdoor material storage does not occupy more than 15% of the entire
lot;
(4)
All outdoor storage must be screened or situated in such a way that
it is not visible from the public right-of-way or adjacent residential
properties;
(5)
No on-site sale of products is allowed;
(6)
Vehicles and equipment used in the conduct of the business must be
stored in enclosed buildings or be screened or situated such that
when not actively being used they are not visible from the public
right-of-way and adjacent residential properties;
(7)
Employee parking must be screened or situated in such a manner that
is it not visible from the public right-of-way and adjacent residential
properties;
(9)
All new buildings associated with the use shall be fully screened
or situated such that they are not visible from any public right-of-way
unless otherwise allowed by the Planning Board. Criteria for the Planning
Board to consider in determining the need for visibility controls
include whether the building has the following desirable characteristics:
(a)
The general size, shape, and scale will be architecturally compatible
with other buildings visible along the right-of-way corridor;
(b)
The building will have a sloped roof, not less than four in
12;
(c)
The building façade facing any public right-of-way will
have windows or entranceways rather than an uninterrupted blank wall;
(d)
The front yard area immediately adjacent to the building will
be landscaped with lawn, shrubs or flowers;
(e)
The exterior cladding on the building façade facing any
public right-of-way will be primarily composed of brick, siding (wood,
fiber cement, polymer, vinyl, steel), stone, or stucco.
The following accessory buildings or uses are
permitted as of right in a Low Density Residential Zone:
A.
Off-street garage or parking space for the occupants, users and employees in connection with uses permitted in this article, but subject to provisions of § 270-227.
B.
Where the principal use is as a one- or two-family
dwelling, private swimming pool, tennis courts, and other similar
recreational facilities for the principal private use of the occupants
of the dwelling.
C.
Up to three accessory buildings other than a garage or a building
occupied by a detached accessory dwelling unit, all such accessory
buildings in the aggregate not to exceed a total footprint of 600
square feet in size unless the lot is three acres or larger, in which
event the aggregate area of the accessory buildings may not exceed
a total footprint of 2,000 square feet.
[Amended 12-11-2017 by L.L. No. 20-2017; 3-13-2023 by L.L. No. 7-2023]
D.
A temporary building for commerce or industry, where
such building is necessary or incidental to the development of a residential
area. Such buildings may not be continued for more than one year except
upon receipt of a special approval from the Board of Appeals.
E.
The keeping of household pets in a dwelling unit or
other location adjacent to or accessory to a dwelling unit (e.g.,
outside doghouse, etc.) provided that no more than three household
pets shall be kept outside of dwelling units unless a greater number
is authorized by special approval of the Zoning Board of Appeals.
F.
The keeping of domestic animals in accessory buildings,
provided that no such building shall be nearer than 30 feet to any
lot line of any adjoining owner, and further provided that there shall
be no raising of fur-bearing animals, or kennels for more than three
dogs over six months old.
H.
A roadside stand or other structure, not exceeding
500 square feet of enclosed space, for the display and sale of farm
or nursery products related to farming and as a seasonal convenience
to the owner or owners of the land. The majority of the products sold
at such stand shall be, or be derived from, products produced on the
farm on which the roadside stand is located. Any such stand shall
be located a minimum of 30 feet from the street line, in such a manner
as to permit safe access and egress for automobiles, and parking off
the highway right-of-way.
I.
Adult day-care facilities serving no more than four
clients at any one time.
J.
Home occupations, subject to the limitations on home occupations set forth in § 270-219.2.
[Added 2-12-2007 by L.L. No. 1-2007]
K.
Amateur radio facilities, subject to the limitations on amateur radio facilities set forth in § 270-219.3.
[Added 8-13-2007 by L.L. No. 7-2007]
L.
Small wind energy facilities, subject to the limitations on small wind energy facilities set forth in § 270-219.4.
[Added 8-11-2008 by L.L. No. 13-2008]
[1]
Editor’s Note: Former § 270-57, Accessory buildings
and uses authorized by special approval only, as amended 2-12-2007
by L.L. No. 1-2007, was repealed 12-11-2017 by L.L. No. 20-2017.
The following accessory buildings or uses are
permitted in a Low Density Residential Zone, but only upon receipt
of a special permit for same from the Planning Board in accordance
with the procedures set forth in this chapter:
A.
Equestrian facility, provided that adequate provision
is made to prevent nuisance to adjoining residences and provided the
lot size is at least two acres and there is a nonoccupied and nonused
buffer of at least 50 feet around the perimeter of the lot.
[Amended 8-1-2005 by L.L. No. 7-2005; 12-11-2017 by L.L. No. 20-2017; 3-13-2023 by L.L. No. 7-2023]
Except as may be specifically otherwise authorized
in this chapter, in Low Density Residential Zones no building shall
be erected, altered, or extended to exceed 38 feet in height from
lowest interior grade nor 36 feet in height from lowest exterior grade,
whichever is lower. No structure other than a building shall be erected,
altered, or extended to exceed 30 feet in height. A building occupied
by a detached accessory dwelling unit shall not exceed one story and
20 feet in height, except buildings constructed prior to the effective
date of Local Law No. 20 of the Year 2017 may exceed these two parameters
as long as the building height is not subsequently increased beyond
that existing on the effective date of said local law. Other accessory
buildings shall not exceed 20 feet in height. The foregoing height
limitations shall not apply to buildings and structures used for agricultural
purposes on lands the principal use of which is as a farm and which
are located within a county agricultural district created under the
provisions of Article 25-AA of the New York State Agriculture and
Markets Law. Such agricultural buildings and structures so located
may be constructed without limitations as to heights.
In Low Density Residential Zones yards of at
least the following dimensions are required:
A.
Front yard: Not less than the average depth of the
front yards of buildings on lots immediately adjacent. However, the
front yard depth shall not be less than 30 feet or need it be greater
than 60 feet.
B.
Rear yard: Not less than 50 feet in depth.
C.
Side yards: Each not less than 40 feet in width.
[Amended 8-13-2012 by L.L. No. 11-2012]
D.
Greater yards: Notwithstanding the foregoing, any
special yard requirements for specific uses or buildings set forth
elsewhere in this chapter shall, if more restrictive, supersede the
above yard provisions.
E.
Accessory buildings.
[Amended 8-13-2012 by L.L. No. 11-2012; 12-11-2017 by L.L. No. 20-2017]
(1)
Buildings occupied by a detached accessory dwelling unit. Any such
buildings must be located in a rear yard, be at least 50 feet from
any side lot line, and be at least 35 feet from a rear lot line.
(2)
All other accessory buildings (except garages, and except woodsheds meeting the requirements of Subsection G below) may not occupy any open space other than a rear yard.
(3)
Accessory buildings (including garages, woodsheds, and buildings occupied by a detached accessory dwelling unit), in the aggregate, may occupy not more than 15% of the fifty-foot rear yard setback required by Subsection B above.
(4)
Accessory buildings (except for garages and buildings occupied by
a detached accessory dwelling unit) shall be not less than three feet
from any side or rear lot line. Any accessory building, other than
a garage or a building occupied by a detached accessory dwelling unit,
on a corner lot shall be not less than five feet from the rear lot
line.
F.
Garages: An attached or detached garage may occupy any yard provided
that it shall be no less than 30 feet from the front property line,
no less than 40 feet from a side line, and no less than 50 feet from
a rear line. All detached garages in the aggregate shall not exceed
a total footprint of 780 square feet in size. Detached garages shall
be included in the calculations of accessory buildings that, in the
aggregate, may not occupy more than 15% of any required rear yard.
Notwithstanding the foregoing, the following shall apply:
[Added 8-13-2012 by L.L. No. 11-2012; 3-13-2023 by L.L. No. 7-2023]
(1)
In
one of the side yards, a one-story garage, either attached to the
principal building or separate therefrom, may be no less than 15 feet
from a side line which is not a street line. In the rear yard, a one-story
detached garage may be no less than five feet from any side or rear
lot line.
(2)
A
one-story detached garage that serves dwellings on two separate lots
may be built across a common lot line with a party wall by mutual
agreement between adjoining property owners, provided that there is
at least one garage bay on each lot, and further provided that the
garage meets the front property line setback requirement above.
(3)
Where
the average natural slope of a lot exceeds 8% rise or fall directly
from the street line, a one-story detached garage capable of housing
not in excess of two cars may be located in the front or side yard
not less than five feet from said street line upon receiving a special
approval from the Board of Appeals.
G.
Woodsheds: A woodshed which has no more than 100 square feet in floor
area and the highest point of which is no more than 10 feet above
ground level may occupy a side yard, provided that the total storage
space of all woodsheds in a side yard shall not be more than 1,000
cubic feet. A woodshed in a side yard shall be not less than three
feet from any side lot line.
[Added 8-13-2012 by L.L. No. 11-2012]
The maximum building area shall not exceed 10% of the lot area. Projections described in § 270-224 are not to be included in computing the percentage.
Lots in Low Density Residential Zones shall
meet the following minimum requirements:
A.
Minimum lot area shall be at least 30,000 square feet;
and
B.
Minimum width at the street line shall be 100 feet;
and
C.
Minimum width at the maximum required front yard setback
line (60 feet from the street line) shall be 150 feet; and
D.
Minimum depth from the highway right-of-way shall
be 200 feet.
[Amended 5-13-2019 by L.L. No. 3-2019]
In the case of publicly owned properties and properties of universities, colleges, cemeteries, or other private institutions located in Low-Density Residential Zones, which comprise at least six acres in area and are traversed by interior roads or driveways, the front, side, and rear yard requirements set forth above shall apply only along the exterior public street frontages and along boundaries with adjacent properties where lot ownership is not identical. Notwithstanding the provisions in § 270-226, publicly owned properties and properties of universities, colleges, cemeteries, or other private institutions located in Low-Density Residential Zones may have more than one principal building on a lot.
Parking requirements shall be as set forth in Article XXVII.
