A.
Purpose; objectives. The purpose and objectives of the Floodway District regulations shall be as provided in Chapter 51, Flood Damage Prevention, of the Code of the Town of Riga.
B.
Delineation of the Floodway District boundary. There
is hereby established an FW District to accomplish the purpose of
this section. The boundaries of the FW District are delineated more
specifically on the Zoning Map, which is part of this chapter. The
delineation of the FW District is based upon the likelihood of constant
and frequent flooding and is intended to protect the floodway and
to ensure that the floodway can function properly to carry away floodwaters
as efficiently as possible. The delineation of this district shall
be considered to be in compliance with the Federal Flood Insurance
Administration's Flood Insurance Study for the Town of Riga, dated
December 15, 1980, effective date June 15, 1981, and accompanying
maps (FIRM and FBFM) on file in the offices of the Town Clerk and
Zoning Enforcement Officer. In the event that there is a discrepancy,
the more stringent provisions shall prevail. This chapter does not
imply that areas outside the Floodway Zone boundaries or land uses
permitted within such district will be free from flooding or flood
damages.
C.
Permitted uses. The following uses are permitted outright:
(1)
Customary agricultural uses.
(2)
Sale of agricultural products grown, raised or produced
on the premises.
(3)
Open recreation uses (other than buildings or structures),
such as parks and playgrounds, but not including such intensive commercial
recreational uses as a racetrack or amusement park.
(4)
Wildlife, game and forest preserves.
(5)
Public off-street parking areas.
(6)
Lawns, gardens, play areas and seasonal docks.
(7)
Historic, scientific and scenic area preservation.
D.
Special uses. The following uses and their accessory uses are permitted when authorized in accordance with Article VII, after meeting the special provisions of this section and subject to such conditions as may be imposed by the Planning Board in granting a special use permit therefor:
(1)
Railroads, streets, bridges, utility transmission
lines and pipelines.
(2)
Uses of a character similar to uses permitted under § 95-22C but not specifically listed in that subsection, subject to issuance by the Planning Board of a special use permit. Such a permit shall be granted upon a finding by the Board that said use is indeed of the same general character as the above-permitted use and is in accord with the stated purpose of the district.
E.
Prohibited uses. Residential uses of any kind are
strictly prohibited in the FW District.
F.
Special provisions applying to Floodway District. In accordance with § 51-15 of Chapter 51, Flood Damage Prevention:
(1)
Structures (temporary or permanent) shall not be permitted, except as provided in Subsection D(1) above.
(2)
Filling of land for any purpose, deposit or storage
of materials or equipment or the creation or maintenance of any obstructions
shall not be permitted.
(3)
In making a determination on special uses or variances and the exact location of the FW District boundaries, the Planning Board or Zoning Board of Appeals shall consider the following factors in addition to its normal review procedures under Articles VII or VIII of this chapter:
(a)
The danger that materials may be swept onto
other lands to the injury of others.
(b)
The danger to life and property due to flooding
or erosion damage.
(c)
The susceptibility of the proposed facility
and its contents to flood damage and the effect of such damage on
the individual owner.
(d)
The importance of the services provided by the
proposed facility to the community.
(e)
The necessity to the facility of a waterfront
location, where applicable.
(f)
The availability of alternative locations for
the proposed use which are not subject to flooding or erosion damage.
(g)
The compatibility of the proposed use with existing
and anticipated development.
(h)
The relationship of the proposed use to the
comprehensive plan and floodplain management program for that area.
(i)
The safety of access to the property in times
of flood by ordinary or emergency vehicles.
(j)
The expected height, velocity, duration, rate
of rise and sediment transport of the floodwaters expected at the
site.
(k)
The cost of providing governmental services
during and after flooding conditions, including maintenance and repair
of public utilities and facilities, such as sewer, gas, electrical
and water systems and streets and bridges.
(4)
Upon consideration of the above factors and the purposes
of this section, the Board may attach such conditions to the granting
of variances or special uses as it deems necessary to further the
purpose of this section.
(5)
The authorized official shall maintain the records
of all actions, including technical information, and report any actions
to the Federal Insurance Administration upon request.
A.
Purpose; objectives. The purpose and objectives of the Floodplain Overlay District regulations shall be as provided in Chapter 51, Flood Damage Prevention, of the Code of the Town of Riga.
B.
Delineation of the Floodplain Overlay District.
(1)
There is hereby established an FPO District to accomplish
the purpose of this section; such district shall be an overlay on
the district(s) which are otherwise established hereunder for the
land area affected by the FPO designation. The boundaries of the FPO
District are delineated more specifically on the Zoning Map, which
is part of this chapter, and are considered to be the same as the
limits of the one-hundred-year floodplain as delineated by the final
Federal Insurance Administration's Flood Insurance Study for the Town
of Riga, dated December 15, 1980, effective date June 15, 1981, as
shown on the Flood Insurance Rate Maps (FIRM) and the Flood Boundary
and Floodway Maps (FBFM) for the community. The study and these maps
are on file in the offices of the Town Clerk and the Zoning Enforcement
Officer. In the event that there is a discrepancy, the more stringent
provisions shall prevail.
(2)
The FPO District provides regulations to areas not covered in the FW Floodway District(§ 95-22). The FPO District is subject to inundation by standing water from the one-hundred-year flood, hereinafter referred to as the "base flood." Larger floods may occur on rare occasions, the flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris, and areas within these boundaries may flood to lesser degrees more often. This section does not imply that areas outside such districts will be free from flooding or flood damages.
(3)
The provisions of this overlay district are intended
to be supplementary controls in the mapped primary zoning districts
and shall be used in combination with such districts.
C.
Areas to which this section applies. All development
and lands located within the boundaries of the FPO District are subject
to the regulations of this overlay district, in addition to the regulations
for the underlying district. In the event of conflict or inconsistency,
the more restrictive regulations shall control.
D.
Special dimensional requirements. The dimensional
requirements shall be the minimum set forth for each respective district
or, alternatively, as required by the Planning or Zoning Board to
ensure the health, safety and welfare of the residents of Riga, but
in no event shall they be less than that which is required in said
district.
E.
Special provisions applying to FPO District. Any development which becomes subject to the regulations of this district shall meet the following site plan approval requirements in addition to those otherwise applicable to it under this chapter. In accordance with procedures established in Article IX, the Planning Board shall render site plan approval or approval with conditions on all developments within this district. Such approval shall be applied for at the same time that application for a development permit is made under Chapter 51, Flood Damage Prevention, and; to the extent possible, review and approval of such applications shall be coordinated. In addition to requirements of Article IX and Chapter 51, the following shall be included in any application submitted for site plan review and approval:
(1)
The location of the land or structure involved, showing
its relationship to the floodplain, floodway and drainageway, water
body or channel.
(2)
The elevation of the lowest habitable floor level,
including basements, and its relationship to the base flood elevation
and the insurance risk rate established by the Federal Insurance Administration's
Flood Insurance Study.
(3)
An evacuation plan for the development for periods
of major flooding.
(4)
The design and placement of the water supply and on-
or off-site sewage systems. Such systems shall be so designed as to
minimize or eliminate infiltration of floodwaters into the systems.
Discharges from the systems into floodwaters shall not contaminate
surface water from disposal systems. Such systems shall be designed
to avoid impairment of the system during flood periods.
(5)
The design and placement of all public utilities and
facilities to minimize or eliminate flood damage.
(6)
A drainage plan to reduce exposure to flood hazards.
A.
Purpose and objectives. The purpose and objectives
of the Environmental Protection Overlay District are to provide special
controls over land development in areas within the Town which are
environmentally sensitive, so as to protect significant or unique
environmental features and resources. This section is designed to
provide standards, guidelines and powers for use in review and approval
of land use and development proposals (such as subdivision and site
plan review applications), as well as to establish regulations and
restrictions as to activities occurring within such areas. The regulations
of this section are not intended to be substituted for other zoning
district provisions. This district shall be an overlay on district(s)
otherwise established hereunder for land areas affected by the EPO
District designation (meaning that the use, dimensional and other
regulations and requirements established for any area in which this
district is an overlay shall continue to apply, except as modified
in this section), and the provisions of this section represent an
additional level of review and regulation related specifically to
the protection of identified environmental features and resources.
B.
Designation of areas. It is the intent of these regulations
to provide additional regulations and restrictions relating to development
and activities within areas, designated by the Town Board and delineated
on the Zoning Map, which contain watercourses, wetlands, woodlots,
steep slopes, historic sites or archaeologically and geologically
significant areas. Notwithstanding the foregoing, the provisions of
this section shall apply within 80 feet on either side of the center
line of Black Creek (0-117-19) and within 40 feet on either side of
the center line of the following watercourses: Hotel Creek (0-117-19-9),
Onion Creek (0-117-19-8) and Mill Creek (0-117-19-4-P11-1).
C.
Applicability of other regulations. In addition to the standards and regulations of this section, areas of this district within designated floodways or floodplains shall be subject to the provisions of §§ 95-22 and 95-23. Development and activities proposed within freshwater wetlands are regulated by the New York State Department of Environmental Conservation (for state-designated and -regulated wetlands) and/or the United States Army Corps of Engineers (for federally designated or regulated wetlands). It is the obligation of each developer to determine if a proposed project contains any designated floodway, floodplain or wetland and to comply with any regulations or requirements (including the obtaining of a permit) of the Department of Environmental Conservation or Army Corps of Engineers, as applicable, in addition to the requirements of this chapter, with respect to any development or activity impacting or affecting any floodway, floodplain or wetland or any buffer area.
D.
Powers of Planning Board. In addition to the powers and responsibilities of the Planning Board contained in this chapter or in Chapter 81, Subdivision of Land, where development is proposed on land containing areas designated as an EPO District, the Planning Board shall have the following additional powers and responsibilities:
(1)
The Planning Board may require conservation easements (either separately or in conjunction with any other easement required by the Town) over such portions of any parcel as may be contained in an EPO District, FW District or FPO District, which easement shall set forth covenants and restrictions reasonably intended to ensure that any of the regulations or prohibitions set forth in Subsection E below are observed. The Planning Board may condition any final approval granted upon the acceptance by the Town and the recording of such written easement.
(2)
The Planning Board may also require that applicable
regulations, prohibitions and restrictions be set forth in a note
appearing on any plat, site plan or other document approved as a result
of the review process.
(3)
The Planning Board may require, as a condition of
any approval, that appropriate erosion control measures be installed
and maintained on the site, either within the protected area or within
any area reasonably adjacent to such protected area, so as to ensure
that any watercourse or wetland will be adequately protected from
runoff, soil erosion and siltation resulting from construction or
development activities. The Board may also require that such erosion
control measures be in place prior to the issuance of any building
permit or require the posting of a performance bond or other security,
in form and amount acceptable to the Town Board, to ensure such work,
as a condition of final approval.
E.
Regulated activities. The activities described below shall not be conducted or allowed when located in whole or in part within the EPO District boundaries; provided, however, that these regulations shall not be interpreted or applied so as to prohibit or restrict the continuance of any activity, use or structure lawfully being conducted or existing at the time of the enactment of this chapter, and any such preexisting activity, use or structure shall be subject to the provisions of Article XI, Nonconforming Uses, Structures and Lots, of this chapter. Regulated activities are as follows:
(1)
The construction, erection or placing of any structure,
including barns, storage sheds, satellite dishes and swimming pools.
(2)
The storage or parking of vehicles, equipment or containers,
including but not limited to inoperable or unregistered automobiles,
trucks, tractors, farm equipment, building debris, barrels or other
waste materials.
(3)
The pasturing or housing of livestock or other animals,
except, however, for livestock crossings or watering access installed
and maintained in accordance with standards, specifications, policies
and practices of the Monroe County Soil and Water Conservation District
or other agency having jurisdiction.
(4)
The clear-cutting of trees or removal of vegetation,
except that the following activities shall be exempt: lawn maintenance,
gardening activities, passive recreation activities (such as picnicking,
bird-watching, fishing and hiking), tree and shrub maintenance and
removal of dead or deteriorating vegetation.
(5)
The construction, maintenance or placement of any
private sewage disposal system or any part thereof.
(6)
The construction, erection or placing of any dam,
gate, levee, barrier, embankment or other structure or device which
would alter the natural flow pattern of a watercourse.
(7)
Any soil removal or filling activities or any other
soil disturbance activities.
(8)
The construction, erection or placing of any road,
driveway, bridge or other structure for the purpose of crossing streams
or watercourses.
(9)
The use of motorized vehicles, including but not limited
to motorcycles, motorbikes, ATV's, off-road vehicles, etc., except
that this shall not prohibit the use of motorized vehicles reasonably
required for maintenance of the area and the recreational use of snowmobiles.
F.
Permitted exceptions. Notwithstanding the provisions of Subsection E above, exceptions or modifications may be sought to certain regulations and restrictions of that subsection as follows:
(1)
The Planning Board, as part of its regular development review process, may authorize the clear-cutting of trees or removal of vegetation [otherwise prohibited by Subsection E(4)] or the construction or maintenance of structures or activities which would alter the natural flow pattern of watercourses [otherwise prohibited by Subsection E(6)] or soil removal or filling activities or other soil disturbance activities [otherwise prohibited by Subsection E(7)] when, in the Planning Board's sole discretion, subject to such permits and/or approvals as may be required by the New York State Department of Environmental Conservation and/or the United States Army Corps of Engineers, such activities or work is necessary to permit the reasonable development of the parcel in question. In any such case, the Planning Board shall first determine that the benefit sought by the applicant cannot be achieved by some other feasible means, having a less detrimental effect on the environment. In such cases, the Planning Board may attach such conditions, requirements and restrictions to its approval of an exception or modification as shall satisfy the intent and objectives of this section when weighed against the benefit sought by the applicant.
(2)
The Planning Board, as part of its regular development review process, subject to such permits and/or approvals as may be required by the New York State Department of Environmental Conservation and/or the United States Army Corps of Engineers, may authorize the construction, maintenance or placement of such roads, driveways, bridges or other structures [otherwise prohibited by Subsection E(8) above] as shall be reasonably required for access to those portions of a lot to which a property owner may not otherwise have reasonable access. In such cases, the Planning Board may attach such conditions, requirements and restrictions with regard to such structures as shall satisfy the intent and objectives of this section when weighed against the property owner's need for access.
(3)
The Zoning Enforcement Officer, following consultation with the Chair of the Conservation Board (which shall be deemed to satisfy the referral requirements of Subsection G below), may authorize modifications or exceptions to Subsection E(4) with regard to property for which no development review is pending or required when, in their discretion, the limited cutting of trees or removal of vegetation is designed to and will have the effect of improving the passive recreational enjoyment of the area for which the exception or modification is sought. Before granting any application for such an exception or modification, the Zoning Enforcement Officer shall find that the general intent and objectives of this section will not be adversely affected. Any authorization shall be in writing and shall clearly identify the activities to be permitted and may attach such reasonable conditions, requirements and restrictions as shall satisfy the intent and objectives of this section.
G.
Referral to Conservation Board. Any application received
by the Planning Board or any other Town board, officer or agency relating
to proposed development within an EPO District or relating to any
regulated or prohibited activity within such district shall, before
any action thereon, be referred to the Conservation Board for review
and recommendation, which shall be completed within 45 days of the
date of such referral.
A.
Purpose. The Rural Agricultural Zoning District is
intended to conserve those land areas which are suitable for farm
and agricultural uses, protect them against the encroachment of any
incompatible uses and maintain the openness and rural nature of the
countryside and to provide areas which are appropriate for all kinds
of typical rural development.
B.
Permitted uses. The following uses and their accessory
uses are permitted outright:
(1)
Customary agricultural uses.
(2)
Sale of agricultural products grown or raised on the
premises.
(3)
Dairies.
(4)
Single-family residence.
(5)
Home occupation, provided that there is no external
evidence of such use.
[Amended 3-13-2000 by L.L. No. 1-2000]
(6)
Construction of a building or structure, customarily considered an accessory building or structure, including but not limited to a garage, shed or storage building, on a lot which is vacant or on which there is not already existing a principal building or structure, provided that site plan approval is obtained from the Planning Board in accordance with Article IX hereof.
[Added 2-11-2015 by L.L. No. 4-2015]
C.
Special permit uses. The following special uses and their accessory uses are permitted when authorized in accordance with Article VII and subject to any conditions imposed by the Planning Board in granting a special use permit therefor:
(1)
Churches and similar religious institutions.
(2)
Hospitals and rest, nursing and convalescent homes.
(3)
Public and private schools, including nursery schools,
kindergarten and day nurseries, and child-care institutions, but not
including business, dancing, trade, technical or similar schools.
(4)
Public and private utility buildings, structures and
uses, but not including storage or repair yards, warehouses, power
plants and similar uses.
(5)
Open recreation uses, such as parks, playgrounds,
golf courses (with or without a driving range), country clubs, swimming
clubs and tennis clubs, but not including such intensive commercial
recreational uses as a driving range separate from a golf course,
racetrack, amusement park or miniature golf course.
(6)
Wildlife preserves and preservation of scenic, historic
and scientific areas.
(7)
Community centers, owned and operated by a governmental
agency or a nonprofit organization.
(8)
Riding instruction and academies.
(9)
Cemeteries and related uses.
(10)
One mobile home when located on a farm and occupied by members of the farm family or by persons employed full-time on the premises and their families. Such mobile home shall be so located on the farm property that requirements may be met for lot size and setbacks as for a single-family dwelling, in addition to the requirements for any other dwelling or principal structure located on the property. This use shall be subject to the provisions of Chapter 62 of the Code of the Town of Riga.
(11)
Kennel.
(13)
Two-family residences and in-law apartments.
[Amended 3-13-2000 by L.L. No. 1-2000]
(14)
Uses of a similar character to permitted uses listed in Subsection B of this section, but not specifically listed therein, upon application to and approval by the Planning Board as a special use. Such a use shall be permitted upon a finding by the Planning Board that said use is indeed of the same general character as the above permitted uses and is in accord with the stated purpose of this district.
D.
Dimensional requirements. Dimensional requirements
shall be as follows:
(3)
The minimum lot frontage shall be as provided in § 95-71A.
[Amended 7-14-2003 by L.L. No. 2-2003]
(4)
The minimum front setback shall be 60 feet, measured from the front
lot line.
[Amended 2-11-2015 by L.L. No. 4-2015]
(5)
The minimum rear yard setback shall be 50 feet from the lot line,
except when a rear yard abuts a street, then the minimum setback shall
be 60 feet.
[Amended 2-11-2015 by L.L. No. 4-2015]
(6)
The minimum side yard setback shall be 10% of the minimum required
lot width at the building line, rounded to the nearest whole foot,
except when a side yard abuts a street, then the minimum setback shall
be 60 feet.
[Amended 3-13-2000 by L.L. No. 1-2000; 2-11-2015 by L.L. No.
4-2015]
(7)
Any building housing livestock or any noxious commodity
or activity shall be located at least 100 feet from any lot line.
(8)
The maximum building height shall be two stories or 35 feet, whichever is the lesser, provided that this regulation shall not apply to barns, silos, water towers or tanks or other farm buildings or structures, provided that they are not less than 100 feet from every property line if they exceed such height limitation. The exceptions outlined in § 95-61 shall also apply.
F.
Area of living space.
[Added 4-13-1998 by L.L. No. 1-1998]
(1)
In the Residential RA District, no dwelling shall
be hereafter erected or altered unless provision shall be made therein
for the following minimum square footage of livable areas:
(a)
One-story dwelling: 1,200 square feet.
(b)
One-and-one-half-story dwellings: a total of
1,400 square feet, with not less than 900 square feet on the first
floor.
(c)
Split-level dwellings: a total of 1,400 square
feet, with not less than 1,000 square feet measured along the exterior
of the main foundation wall.
(d)
Two-story dwellings: 1,600 square feet, with
not less than 800 square feet on the first floor.
(e)
Two-family residences including duplexes: 1,040
square feet for each residence.
(2)
In determining the square footage of such livable
areas on the first floor or along the exterior of the main foundation
wall, the measurements shall be made along the exterior of the main
foundation walls of the dwelling, exclusive of garage, car park, carport,
open porch or terrace, patios, cellars or basements or other extensions
outside the body of the house.
(3)
In determining the minimum square footage of such
livable areas on the floor other than the first floor or along the
exterior of the main foundation wall, the measurements shall be made
along the exterior of the main walls housing such livable areas, exclusive
of garage, car park, carport, open porch or terrace, patios, cellars
or basements or other extensions outside the body of the house.
A.
Purpose. The purpose of the Highway Commercial District
is to provide areas for business and commercial uses which are primarily
highway or motorist oriented or which are intended to serve a regional
area and are located along major traffic arterials or at or near expressway
interchanges in areas indicated by the Community Comprehensive Master
Plan as suitable for such development.
B.
Permitted uses. The following uses and their accessory
uses are permitted outright:
(1)
Professional or business offices or office parks.
(2)
Banks and financial offices.
(3)
Offices and clinics for the provision of medical care
and treatment on an ambulatory, outpatient basis, including offices
for such practitioners as physicians, dentists, psychiatrists and
psychologists, ophthalmologists and optometrists, chiropractors and
physiotherapists.
(4)
Sale or rental of new or used motor vehicles, farm
implements, construction equipment, boats, trailers or recreational
vehicles. Such use may include incidental service, repair or towing
of such vehicles or equipment, clearly secondary to the primary use,
but shall not include junkyards or parking or storage of inoperable
vehicles outdoors, other than temporarily while pending scheduled
repair, which shall not exceed 30 days for any specific vehicle.
[Amended 3-13-2000 by L.L. No. 1-2000]
(5)
Hotels and motels.
(6)
Municipal and other public service offices.
(7)
Restaurants.
(8)
Customary agricultural uses.
C.
Special permit uses. The following uses and their accessory uses are permitted when authorized in accordance with Article VII and subject to any conditions imposed by the Planning Board in granting a special use permit therefor:
(1)
Subject to the provisions of § 95-75 of this chapter, motor vehicle service stations and repair garages and facilities. Such use may include incidental towing of such vehicles, clearly secondary to the primary use, but shall not include junkyards, motor vehicle towing services, body and paint shops or the parking or storage of inoperable vehicles outdoors, other than temporarily while pending scheduled repair, which shall not exceed 30 days for any specific vehicle.
[Amended 3-13-2000 by L.L. No. 1-2000]
(2)
Car washes.
(3)
Commercial schools, such as for dancing, art and business.
(4)
Nursery or day-care centers; child-care institutions.
(5)
Animal hospitals and commercial kennels.
(6)
Indoor or outdoor recreational facilities, such as
health and fitness clubs, miniature golf courses, bowling alleys or
driving ranges.
(7)
Convenience stores and other retail or personal service
establishments, provided that the development of such uses, either
individually or collectively (such as shopping centers) is designed
to:
(8)
Nursing homes.
(9)
Uses of a character similar to uses permitted under Subsection B of this section, but not specifically listed therein, subject to issuance by the the Planning Board of a special use permit. Such a permit shall granted only upon a finding by the Planning Board that said use is indeed of the same general character as the above permitted uses and is in accord with the stated purpose of this district.
D.
Dimensional requirements. Dimensional requirements
shall be as follows:
(1)
Lot area: no minimum, except that the lot area provided
shall be that necessary to accommodate the necessary structures and
comply with all other applicable loading, parking, access and buffer
area requirements contained elsewhere in this chapter, and the dimensional
requirements which follow.
(2)
Lot width: minimum of 200 feet.
(3)
Lot depth: minimum of 200 feet.
(4)
Front yard: minimum of 50 feet, measured from the front lot line.
[Amended 2-11-2015 by L.L. No. 4-2015]
(5)
Side yard: minimum of 10% of the lot width at the building line, rounded to the nearest whole foot. The side yard shall be exclusive of and in addition to any buffer area required in Subsection E(2) below.
(6)
Rear yard: minimum of 40 feet. This rear yard shall be exclusive of and in addition to any buffer area required in Subsection E(2) below.
(7)
Maximum lot coverage by buildings and structures:
40% of total lot area.
(8)
Maximum building height: two stories or 35 feet, whichever
is lesser.
E.
Special provisions applying within district.
(1)
All construction, new uses or changes in use within the district shall be subject to site plan approval by the Planning Board in accordance with the procedures established in Article IX.
(2)
Wherever a permitted use or special permit use in
the HC District is located adjacent to any RA Rural Agricultural District,
a fully landscaped buffer 100 feet in width must be provided along
the full length of the developed adjacency. This buffer area shall
be planted and perpetually maintained with live trees and shrubs at
least six feet in height and shall have such other grading and landscaping
as necessary to visually and audibly screen the commercial activity
from the adjacent district. The treatment of the buffer area shall,
however, not appear to be unnatural or rigid, such as bunker-like
straight ridges or walls, and shall be approved by the Planning Board
during its review of the same plan.
[Amended 3-13-2000 by L.L. No. 1-2000]
(3)
The architectural treatment and general appearance
of all buildings and grounds shall be in keeping with the purpose
of this district and shall be of such quality of design as to be a
visual asset to the area in which the buildings and grounds are located.
(4)
All storage and sale of goods or materials shall take
place wholly within enclosed buildings.
(5)
In reviewing site plans and special use permit applications
for development in the HC District, the Planning Board shall particularly
consider the following:
(a)
Development of land in depth from public highways
shall be encouraged by providing access to interior areas and by discouraging
development with shallow frontages.
(b)
Development with frontage facing away from cross
routes and onto service drives and local streets shall be encouraged.
(c)
Adequate building setbacks shall be provided
to reduce distractions to motorists, preserve sight distance and provide
for possible future road widening.
(d)
In order to prevent strip-type development,
to produce more harmonious appearance and to promote public safety
by reducing access cuts to and from public highways, the Planning
Board shall encourage and may require the submission of development
plans relating to all adjoining properties held in common ownership.
The Planning Board shall also encourage the submission of coordinated
development plans by adjacent owners of similarly zoned property.
In such cases, individual lots may still be used within a development
area, but adjacent property owners will be required to give mutual
easements for vehicle traffic across their properties to permit vehicles
to get to limited points of access to and from public highways.
A.
Purpose. The purpose of the Light Industrial Park
District is to provide for research or development of materials, methods
or products and for compatible light manufacturing in a parklike environment.
B.
Permitted uses. The following uses and their accessory
uses are permitted outright:
(1)
Scientific research or experimental development of
materials, methods or products, including engineering and laboratory
research.
(2)
Administrative, educational and other related activities
and facilities in conjunction with a permitted use.
(3)
Manufacture of electric, electronic or optical instruments
or devices.
(4)
Light manufacturing, assembly, fabricating or packaging
of products from previously prepared materials, such as cloth, plastic,
paper, leather or precious or semiprecious metals or stones.
(5)
Graphic arts and related light printing operations
(but not including printing as a primary use), publishing or bookbinding.
(6)
Customary agricultural uses.
(7)
Agricultural-industrial operations.
C.
Special permit uses. The following special uses and their accessory uses are permitted when authorized in in accordance with Article VII and subject to any conditions imposed by the Planning Board in granting a special use permit therefor:
(1)
Municipal and other public service and public utility
buildings.
(2)
Warehouse and distribution uses.
(3)
Day-care centers and child-care institutions operated
in conjunction with and on the same lot as a permitted use or authorized
special permit use, provided that the applicant establishes, to the
satisfaction of the Planning Board, that such use shall provide a
service primarily to the employees of the use with which it is associated.
(4)
Uses of a character similar to uses permitted under Subsection B of this section, but not specifically listed therein, subject to issuance by the Planning Board of a special use permit. Such a permit shall be granted only upon a finding by the Planning Board that said use is indeed of the same general character as the above permitted uses and is in accord with the stated purpose of this district.
D.
Dimensional requirements. Dimensional requirements
shall be as follows:
(1)
Lot area: minimum of two acres if both public sewers
and public water are available; minimum of five acres if both are
not available or if only one utility is available.
[Amended 12-31-1996 by Ord. No. 5-1996]
(2)
Lot width: minimum of 250 feet.
(3)
Lot depth: minimum of 250 feet.
(4)
Front yard: minimum of 75 feet, measured from the front lot line.
[Amended 2-11-2015 by L.L. No. 4-2015]
(5)
Side yard: minimum of 10% of the lot width measured at the building line, rounded to the nearest whole foot. This side yard shall be exclusive of and in addition to any buffer area required in Subsection E(2) below.
(6)
Rear yard: minimum of 80 feet. This rear yard shall be exclusive of and in addition to any buffer area required in Subsection E(2) below.
(7)
Maximum lot coverage by buildings and structures:
25% of the total lot area.
(8)
Maximum building height: two stories or 35 feet, whichever
is the lesser.
E.
Special provisions applying within district.
(1)
All construction, new uses or changes in use within the district shall be subject to site plan approval by the Planning Board in accordance with the procedures established in Article IX.
(2)
Wherever a permitted use or special permit use in
the LI District is located adjacent to any other district, with the
exception of an industrial district, a fully landscaped buffer 100
feet in width must be provided along the full length of the developed
adjacency. This buffer area shall be planted and perpetually maintained
with live trees and shrubs at least six feet in height and shall have
such other grading and landscaping as necessary to visually and audibly
screen the industrial activity from the adjacent district. The treatment
of the buffer area shall, however, not appear to be unnatural or rigid,
such as bunker-like straight ridges or walls, and shall be approved
by the Planning Board during its review of the site plan.
[Amended 3-13-2000 by L.L. No. 1-2000]
(3)
All manufacture, assembly, research, development,
engineering, administration, storage and other related activities
shall be conducted wholly within enclosed buildings.
(4)
At no time shall any use result in or cause dissemination
of dust, smoke, smog, observable gas, fumes, odors, radiation or other
atmospheric pollution, objectionable noise, glare or vibrations or
hazard of fire or explosion or any other physical hazard to any adjacent
buildings or to any plant growth or any land adjacent to the site.
(5)
The architectural treatment and general appearance
of all buildings and grounds shall be in keeping with the purpose
of this district and shall be of such quality of design as to be a
visual asset to the area in which the buildings and grounds are located.
A.
Purpose. The purpose of the General Industrial District
is to provide for the establishment of heavier industrial uses essential
to the development of a balanced economic base in an industrial environment
and to regulate such industrial development so that it will not be
detrimental or hazardous to the surrounding community and the citizens
thereof.
B.
Permitted uses. The following uses and their accessory
uses are permitted outright:
(1)
Any use permitted in the LI District.
(2)
Cold storage plants and ice manufacturers, including
storage and offices.
(3)
Printing, publishing and bookbinding.
(4)
Public and public utility buildings and yards.
(5)
Retail or combination retail and wholesale lumber
and building materials yard, not including concrete mixing.
(6)
Light fabrication and repair shops, such as blacksmith,
cabinet, electric motor, heating, machine, sheet metal, stone monuments,
upholstery and welding.
(7)
Wholesale distribution of all standard types of prepared
or packaged merchandise, excluding, however, such uses as fertilizer,
explosives, compost and nitrocellulose.
(8)
Processing uses, such as bottling plants, creameries,
laboratories, blueprinting and photocopying, laundries, carpet- and
rug-cleaning plants, cleaning and dyeing plants and tire retreading,
recapping and rebuilding.
(9)
Sale or rental of new or used motor vehicles, farm
implements, construction equipment, boats, trailers or recreational
vehicles. Such use may include incidental service, repair or towing
of such vehicles or equipment, clearly secondary to the primary use,
but shall not include junkyards or parking or storage of inoperable
vehicles outdoors, other than temporarily while pending scheduled
repair, which shall not exceed 30 days for any specific vehicle.
[Amended 3-13-2000 by L.L. No. 1-2000]
(10)
Customary agricultural uses.
(11)
Agricultural-industrial operations.
(12)
Terminal facilities for transportation services.
C.
Special permit uses. The following uses and their accessory uses are permitted when authorized in accordance with Article VII:
[Amended 3-13-2000 by L.L. No. 1-2000]
(1)
(Reserved)
(2)
Subject to the provisions of § 95-75 of this chapter, motor vehicle service stations and repair garages and facilities, including motor vehicle towing services and body and paint shops, but not including any junkyard or the parking or storage of inoperable vehicles outdoors, other than temporarily while pending scheduled repair, which shall not exceed 30 days for any specific vehicle.
(3)
Storage tanks.
(4)
Recycling centers or facilities, composting facilities,
landfills and any other solid waste facilities as may be defined by
Part 360 of the New York Codes, Rules and Regulations.
(5)
Adult use establishments, in accordance with the provisions of Chapter 67, Peace and Good Order, Article I, Adult Use Establishments, of the Code of the Town of Riga, subject to the following conditions and criteria, which shall be in addition and supplementary to those matters which the Planning Board is to consider in reviewing special use applications under Article VII of this chapter:
(a)
Such a use may not be established or maintained
within 700 feet of:
[1]
A church, synagogue or regular place of worship.
[2]
A public or private elementary or secondary
school.
[3]
Any child-care institution or day-care center,
as defined herein and in the Education Law.
[4]
A residence or the boundary of any residential
zoning district.
[5]
A public park, playground, playing field, governmental
office or facility or other similar area where large numbers of persons
may travel or congregate.
(b)
Such a use may not established or maintained
within 1,000 feet of any other such use.
(c)
Only one such use may be established or maintained
on any lot or in any building or structure.
(d)
For the purposes of this subsection, measurement of the distances specified above shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used or operated for such a use to the nearest property line or boundary of an affected use, as listed in Subsection C(5)(a)[1] through [5] above, provided that, for purposes of Subsection C(5)(b) above, the distance between any two adult use establishments shall be measured in a straight line, without regard to intervening structures or objects, between the closest exterior walls of the structures in which each such use is located.
(e)
All such uses shall be conducted in an enclosed
building and in such manner that, regardless of location or distance,
no one who is passing by or who is at any point outside of the enclosed
building occupied by such a use shall be able to observe or perceive
any performance, conduct, image, printed matter, visual representation,
instrument, device or paraphernalia displaying, depicting or otherwise
presenting any specified anatomical area or specified sexual activity
regulated hereunder, including but not limited to any sign or advertisement
or any window or other opening permitting the view of the interior
of the premises from the exterior of the premises.
(6)
Uses of a character similar to uses permitted under Subsection B of this section, but not specifically listed therein, subject to issuance by the Planning Board of a special use permit. Such permit shall be granted upon a finding by the Board that said use is indeed of the same general character as the above permitted uses and is in accord with the stated purpose of this district.
D.
Uses not specifically permitted. Anything not specifically
permitted or permitted as a special use is hereby prohibited.
E.
Dimensional requirements. Dimensional requirements
shall be as follows:
(1)
Lot area: minimum of two acres if both public sewers
and public water are available; minimum of five acres if both are
not available or if only one utility is available.
[Amended 12-31-1996 by Ord. No. 5-1996]
(2)
Lot width: minimum of 250 feet.
(3)
Lot depth: minimum of 250 feet.
(4)
Front yard: minimum of 75 feet, measured from the front lot line.
[Amended 2-11-2015 by L.L. No. 4-2015]
(5)
Side yard: minimum of 10% of the lot width measured at the building line, rounded to the nearest whole foot. This side yard shall be exclusive of and in addition to any required buffer area as required in Subsection F(2) of this section.
(6)
Rear yard: minimum of 40 feet. This rear yard shall be exclusive of and in addition to any required buffer area as required in Subsection F(2) of this section.
(7)
Maximum lot coverage by buildings and structures shall
be 50% of the total lot area.
(8)
Maximum building height shall be two stories or 36
feet, whichever is the lesser.
F.
Special provisions.
(1)
All construction, new uses or changes in use in GI Districts shall be subject to site plan approval by the Planning Board in accordance with the procedures established in Article VII.
(2)
Wherever a permitted use or special permit use in
the GI District is located adjacent to any other district, with the
exception of an LI Light Industrial Park District, a fully landscaped
buffer 100 feet in width must be provided along the full length of
the developed adjacency. This buffer area shall be planted and perpetually
maintained with live trees and shrubs at least six feet in height
and shall have such other grading and landscaping as necessary to
visually and audibly screen the industrial activity from the adjacent
district. The treatment of the buffer area shall, however, not appear
to be unnatural or rigid, such as bunker-like straight ridges or walls,
as determined by the Planning Board during its review of the site
plan.
[Amended 3-13-2000 by L.L. No. 1-2000]
(3)
At no time shall any use result in or cause dissemination
of dust, smoke, smog, observable gas, fumes, odors, radiation or other
atmospheric pollution, objectionable noise, glare or vibrations or
hazard to any adjacent buildings or to any plant growth or any land
adjacent to the site.
(4)
The architectural treatment and general appearance
of all buildings and grounds shall be in keeping with the purpose
of this district and shall be of such quality of design as to be a
visual asset to the area in which they are located.
A.
Purpose.
(1)
It is the intent of this planned residential development
section to provide flexible land use and design regulations through
the use of performance criteria so that small- to large-scale residential
neighborhoods or portions thereof that incorporate a variety of residential
types and contain both individual building sites and common land areas,
which are planned and developed as a unit, may be developed within
the Town. Such a planned development is to be designed and organized
so as to be capable of satisfactory use and operation as a separate
entity without necessarily needing the participation of other building
sites or other common land areas in order to function as a neighborhood.
This section specifically encourages innovations in residential development
so that the growing demands for housing at all economic levels may
be met by greater variety in type, design and siting of dwellings
and by the conservation and more efficient use of land in such developments.
(2)
This section recognizes that while the standard zoning
function (use and bulk) and the subdivision function (platting and
design) are appropriate for the regulation of land use in areas or
neighborhoods that are already substantially developed, these controls
represent a type of preregulation, regulatory rigidity and uniformity
which may be inimical to the techniques of land development contained
in the planned residential development concept. Further, this section
recognizes that a rigid set of space requirements along with bulk
and use specifications would frustrate the application of this concept.
Thus, where PRD techniques are deemed appropriate through the rezoning
of land to a planned residential development district by the Town
Board, the use and dimensional specifications established elsewhere
in this chapter are herein replaced by an approval process in which
an approved plan becomes the basis for continuing land use controls.
B.
Objectives. In order to carry out the intent of this
section, a PRD shall achieve the following objectives:
(1)
A diversity of choice in the types of environment, occupancy tenure
(e.g., cooperatives, individual ownership, condominium, leasing),
types of housing, lot sizes and community facilities available to
existing and potential Town residents at all economic levels.
[Amended 2-11-2015 by L.L. No. 4-2015]
(2)
More usable open space and recreation areas.
(3)
The construction of attractive new residential housing facilities
for a variety of income groups so as to allow the existing village
business district to continue its role as the Town focal point.
[Amended 2-11-2015 by L.L. No. 4-2015]
(4)
The preservation of trees, outstanding natural topography
and geologic features and the prevention of soil erosion.
(5)
A creative use of land and related physical development
which allows an orderly transition of land from rural to urban uses.
(6)
An efficient use of land resulting in smaller networks
of utilities and streets and thereby lower housing costs.
(7)
A development pattern in harmony with the objectives of the Community
Comprehensive Plan.
[Amended 2-11-2015 by L.L. No. 4-2015]
(8)
A more desirable environment than would be possible
through the strict application of other sections of this chapter.
(9)
Land development that is made to fit the existing
land rather than the converse.
(10)
The incorporation of aesthetic qualities into the
design process that will make the finished PRD project physically
appealing to both the residents who will live there and the community
in general.
(11)
A lessening of congestion in the streets.
(12)
The lessening of danger from fire, flood and other
problems created by congestion.
(13)
The promotion of the health and general welfare of
the Town.
(14)
Providing the adequate light and air and the prevention
of the crowding of land resulting from undue concentration of population.
(15)
The facilitating of adequate provision of transportation,
water, sewerage, schools, parks and other public requirements.
C.
General requirements.
(1)
Minimum area. Under normal circumstances, the minimum area required
to qualify for a planned residential development district shall be
25 contiguous acres of land. Where the applicant can demonstrate that
the characteristics of his holdings will meet the objectives of this
section, the Town Board, on the recommendation of the Planning Board,
may consider projects with less acreage.
[Amended 2-11-2015 by L.L. No. 4-2015]
(2)
Ownership. The tract of land for a project shall be owned, leased
or controlled by a single person, corporation or other entity.
[Amended 2-11-2015 by L.L. No. 4-2015]
(3)
Location of PRD District. The PRD District may be applicable to any
area of the Town where the applicant can demonstrate that the characteristics
of his holdings will meet the objectives of this section. Such designation
of any PRD District shall be by amendment to this chapter and shall
be made in accordance with the Community Comprehensive Plan.
[Amended 2-11-2015 by L.L. No. 4-2015]
(4)
Permitted uses. All uses within an area designated
as a PRD District are determined by the provisions of this article
and the approved plan of the project concerned.
(a)
Residential uses. Residences may be of any variety
of types. In developing a balanced community, the use of a variety
of housing types shall be deemed most in keeping with this section.
However, at least 35% of the total project acreage within any PRD
will be in single-family, detached structures. Such single-family
residential use requirement shall be optional with the Planning Board
and the Town Board and may or may not be required in keeping with
the best interests of the Town and the area under development.
[Amended 2-11-2015 by L.L. No. 4-2015]
(b)
Accessory commercial, service and other nonresidential
uses.
[1]
An application requesting commercial, service
and other nonresidential uses will generally be discouraged because
of its conflict with the objectives of this chapter. However, consideration
will be given to very limited commercial, service and other nonresidential
uses where they are scaled to a size and type for the sole use and
benefit of the residents of the planned residential development and
where their utilization by others is discouraged by appropriate placement
within the planned residential development and by the size and type
of services offered.
[2]
If any accessory commercial, service or other nonresidential uses are requested by the developer, then permission for the development of such facilities within the PRD shall be pursuant to the provisions of Article VII of this chapter and shall be a special use pursuant to the provisions of those sections.
(c)
Customary accessory or associated uses, such
as private garages, storage spaces, recreational and community activities,
churches and schools, shall also be permitted (or required) as appropriate
to the PRD.
(5)
Intensity of land uses. Because land is used more
efficiently in a PRD, improved environmental quality can often be
produced with a greater number of dwelling units per gross building
acre than usually permitted in traditionally zoned districts. The
Town Board shall determine in each case the appropriate land use intensity
or dwelling unit density for individual projects. The determination
of land use intensity ratings or dwelling unit densities shall be
completely documented, including all facts, opinions and judgments
justifying the selection of the rating or density.
(6)
Common property in the PRD. "Common property in a
PRD" is a parcel or parcels of land, together with the improvements
thereon, the use and enjoyment of which are shared by the owners and
occupants of the individual building sites. When common property exists
in private ownership, satisfactory arrangements must be made for the
improvement, operation and maintenance of such common property and
facilities, including private streets, drives, service and parking
areas and recreational and open space areas.
(7)
General guidelines for design. The following items
are intended to be general guidelines for the developer to follow
when planning his development layout and design. Although they represent
a pattern of customary requirements and restrictions, they are meant
to be applied to a specific proposal open-mindedly and objectively.
Specific circumstances may warrant slight changes in application if
the developer can suggest alternatives which, in the opinion of the
Town Board, Town Planning Board and Town Engineer, are more in keeping
with the objectives of this chapter as previously listed.
(a)
Acceptable uses.
[1]
Single-family homes.
[2]
Low-rise apartment houses, duplexes, fourplexes
and townhouses.
[3]
Nursing homes, proprietary-care homes, day-care
nurseries, med-dental clinics and offices.
[4]
Normal accessory uses designed as an integral
part of the development and scaled for the exclusive use of the residents
of the development.
[5]
Churches.
[6]
Parks and playgrounds.
[7]
Schools.
(b)
Generally unacceptable uses.
[1]
Mobile home parks.
[2]
High-rise structures (greater than three stories).
[3]
Commercial establishments not constructed for
the exclusive use of the PRD residents, including retail outlets,
service outlets and gas stations.
[4]
Industrial establishments, including any facility
engaged in the manufacture of goods for wholesale or retail distribution.
(c)
Dimensional considerations.
[1]
Fifty feet minimum shall generally be required
between any building and the street line of any dedicated street peripheral
to the site.
[2]
Twenty-five feet minimum shall generally be
required between any building and 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. However,
the effect of this distance on the location of sidewalks and driveway
parking space shall be considered.
[3]
Accessory buildings generally shall not be placed
in front yard areas.
[4]
Buildings generally shall not cover more than
35% of the total project acreage.
[5]
Fifty feet shall generally be required between
any building and any exterior lot line.
[6]
Seventy-five feet of open land, free from structures
and paved areas (except for pedestrian walkways) and available for
public use, shall generally be required adjacent to any creek or stream
running either through or adjacent to the property under question.
The developer is urged to enhance the aesthetic qualities of natural
assets rather than ignore or destroy them.
(d)
Off-street parking. The following specific items
shall generally apply to off-street parking facilities:
[1]
A parking space shall be 9 feet by 20 feet in
area plus necessary driveways and turning areas.
[2]
No parking areas shall be located within any
required front setback from any peripheral dedicated street or road,
nor shall it be located closer than 10 feet from any adjoining property
line within side or rear yards.
[3]
All parking spaces shall be surfaced with asphalt
and shall be so graded and drained as to dispose of all surface water
accumulation within the area.
[4]
Parking shall be so distributed as to service
the individual unit or units. Parking lots should be kept small and,
in other ways, broken up into smaller units through provision of islands
and plantings.
[5]
There shall be a minimum of one parking space
for each one-bedroom or studio apartment.
[6]
There shall be a minimum of 1.5 parking spaces
for each two-bedroom dwelling unit.
[7]
There shall be a minimum of 1.5 parking spaces
for each three-bedroom dwelling unit.
(e)
Recreational areas. There shall generally be required a percentage
of the total project area, as determined by the Town Board, to be
reserved as accessible open land for recreational purposes; included
can be any formal recreational facilities, picnic areas and open yard
areas.
[Amended 2-11-2015 by L.L. No. 4-2015]
(f)
Landscaping. When the project includes land
which contains few trees and shrubs that can be made part of the finished
landscape, the developer shall furnish additional plantings to enhance
the physical appearance of his finished project.
(g)
Impacts on existing public infrastructures. The intensity of
any proposed development shall be able to be accommodated by the existing
public infrastructure or else the developers shall have a share in
mitigating the impacts.
[Added 2-11-2015 by L.L. No. 4-2015]
D.
Application procedure; zoning approval process. Whenever
any planned residential development is proposed, before any permit
for the erection of a permanent building in such planned residential
development shall be granted and before any subdivision plat of any
part thereof may be filed in the office of the Monroe County Clerk,
the developer or his authorized agent shall apply for and secure approval
of such planned residential development in accordance with the following
procedures:
[Amended 7-14-2003 by L.L. No. 2-2003]
(1)
Application for sketch plan approval.
(a)
In order to allow the Planning Board and the
developer to reach an understanding on basic design requirements prior
to detailed design investment, the developer shall submit a sketch
plan of his proposal to the Planning Board. The sketch plan shall
be approximately to scale, though it need not be to the precision
of a finished engineering drawing; and it shall clearly show the following
information:
[1]
The location of the various uses and their areas
in acres.
[2]
The general outlines of the interior roadway
system and all existing rights-of-way and easements, whether public
or private.
[3]
Delineation of the various residential groups,
indicating, for each such grouping, its general extent, size and composition
in terms of total number of dwelling units and approximate percentage
allocation by dwelling unit type (i.e., single-family detached, duplex,
townhouses, garden apartments, high-rise, luxury, middle-income, moderate-income,
elderly units, family units, etc.), plus a calculation of the residential
density in dwelling units per gross acre (total area, including interior
roadways) for each such area.
[4]
The interior open space system.
[5]
The overall drainage system.
[6]
If grades exceed 3% or portions of the site
have a moderate to high susceptibility to erosion or a moderate to
high susceptibility to flooding and ponding, a topographic map showing
contour intervals of not more than five feet of elevation shall be
provided along with an overlay outlining the above susceptible soil
areas, if any.
[7]
Principal ties to the community at large with
respect to transportation, water supply and sewage disposal.
[8]
General description of the provision of other
community facilities, such as schools, fire-protection services and
cultural facilities, if any, and some indication of how these needs
are proposed to be accommodated.
[9]
A location map showing uses and ownership of
abutting lands.
(b)
In addition, the following documentation shall
accompany the sketch plan:
[1]
Evidence of how the developer's particular mix
of residential uses meets existing community demands. Evidence as
to demands may be in the form of specific studies or reports initiated
by the developer or in the form of references to existing studies
or reports relevant to the project in question.
[2]
Evidence that the proposal is compatible with
the goals of the Community Comprehensive Master Plan.
[3]
General statement as to how common open space
is to be owned and maintained.
[4]
If the development is to be staged, a general
indication of how the staging is to proceed. Whether or not the development
is to be staged, the sketch plan of this section shall show the intended
total project.
[5]
Evidence of any sort in the applicant's own
behalf to demonstrate his competence to carry out the plan and his
awareness of the scope of such a project, both physical and financial.
(2)
Informational public hearing. After the developer has submitted his sketch plan and proposal to the Planning Board and within 15 days thereafter, the Planning Board shall cause a notice of a public hearing to be published once in the official paper of the Town of Riga concerning an informational public hearing to be held at a specified time and place before the Planning Board of the Town of Riga for purposes of disseminating information concerning the proposal to the general public and for purposes of discussions of the proposal with the general public. Thereafter, the Planning Board shall make its recommendations to the Town Board as provided for in Subsection D(3)(b) below.
(3)
Planning Board review process, report and recommendation.
The Planning Board shall review the sketch plan and its related documents
and shall render either a favorable or unfavorable report to the Town
Board and the applicant. The Planning Board may call upon the County
Planning Department, the Soil Conservation Service and any other public
or private consultants that they feel are necessary to provide a sound
review of the proposal.
(a)
A favorable report shall include a recommendation
to the Town Board that a public hearing be held for the purpose of
considering PRD districting. It shall be based on the following findings,
which shall be included as part of the report:
[1]
A rezoning of the subject site to PRD designation
would be in accordance with the Community Comprehensive Master Plan.
[2]
The proposal meets the intent and objectives of planned residential development as expressed in Subsection B of this section.
[4]
The proposal is conceptually sound in that it
meets a community need and it conforms to accepted design principals
in the proposed functional roadway system, land use configuration,
open space system, drainage system and scale of the elements both
absolutely and to one another.
[5]
There are adequate services and utilities available
or proposed to be made available in the construction of the development.
(b)
An unfavorable report shall state clearly the
reasons therefor and, if appropriate, point out to the applicant what
might be necessary in order to receive a favorable report. The applicant
may, within 10 days after receiving an unfavorable report, file an
application for PRD districting with the Town Clerk. The Town Board
may then determine on its own initiative whether or not it wishes
to call a public hearing.
(c)
The Chairman of the Planning Board shall certify
when all of the necessary application material has been presented;
and the Planning Board shall submit its report within 60 days of such
certification.
(4)
Application to Town Board for PRD districting.
(a)
Upon receipt of a favorable report from the
Planning Board or upon its own determination subsequent to an appeal
from an unfavorable report, the Town Board shall set a date for and
conduct a public hearing for the purpose of considering PRD districting
for the applicant's plan in accordance with the procedures established
under §§ 278 and 279 of the Town Law or other applicable
law, said public hearing to be conducted within 62 days of the receipt
of the favorable report or the decision on appeal from an unfavorable
report.
(b)
The Town Board shall refer the application to
the County Planning Department for its analysis and recommendations,
and the Town Board may also refer the application to the Town Engineer
and Town Attorney for their review. The Town Board shall also send
notice of the public hearing on the application to the County of Monroe.
[1]
The Town Board shall give the County Planning
Department at least 30 days to render its report; and within 62 days
after the public hearing, the Town Board shall render its decision
on the application.
[2]
The Town Engineer shall submit a report to the
Town Board within 30 days of the referral, duly noting the feasibility
and adequacy of those design elements under his sphere of interest.
This report need only concern itself with general conceptual acceptance
or disapproval, as the case may be, and in no way implies any future
acceptance or rejection of detailed design elements as will be required
in the later site plan review stage. The Town Engineer may also state
in his report any other conditions or problems that must be overcome
before consideration of acceptance on his part.
(5)
Grant of PRD districting; additional conditions and requirements. If the Town Board grants the PRD districting, the Zoning Map shall be so notated. The Town Board may, if it feels it necessary in order to fully protect the public health, safety and welfare of the community, attach to its zoning resolution any additional conditions or requirements for the applicant to meet. Such requirements may include, but are not confined to, visual and acoustical screening; land use mixes; order of construction and/or occupancy; circulation systems, both vehicular and pedestrian; availability of sites within the area for necessary public services, such as schools, firehouses and libraries; protection of natural and/or historic sites; and other such physical or social demands. The Town Board shall state at this time its findings with respect to the land use intensity or dwelling unit density as called for in Subsection C(5).
E.
Site plan approval process.
(1)
Application for preliminary site plan approval shall
be to the Planning Board and shall be accompanied by the following
information prepared by a licensed engineer, architect and/or landscape
architect:
(a)
An area map showing the applicant's entire holding,
that portion of the applicant's property under consideration and all
properties, subdivisions, streets and easements within 500 feet of
the applicant's property.
(b)
A topographic map showing contour intervals
of not more than five feet of elevation.
(c)
A preliminary site plan, including the following
information:
[1]
Title of the drawing, including the name and
address of the applicant.
[2]
North point, scale and date.
[3]
Boundaries of the property plotted to scale.
[4]
Existing watercourses.
[5]
A site plan showing location, proposed use and
height of all buildings; location of all parking and truck loading
areas, with access and egress drives thereto; location and proposed
development of all open spaces, including parks, playgrounds and open
reservations; location of outdoor storage, if any; location of all
existing or proposed site improvements, including drains, culverts,
retaining walls and fences; description of method of sewage disposal
(all methods of sewage disposal must conform to the Monroe County
Pure Waters Master Plan and meet all other state and County requirements)
and location of such facilities; location and size of all signs; location
and proposed development of buffer areas; location and design of lighting
facilities; and the amount of building area proposed for nonresidential
uses, if any.
(d)
A tracing overlay showing all soil areas and
their classifications and those areas, if any, with moderate to high
susceptibility to flooding and moderate to high susceptibility to
erosion. For areas with potential erosion problems, the overlay shall
also include an outline and description of existing vegetation.
(e)
Storm drainage calculations justifying sizing
of proposed drainage system and capabilities of receiving stream or
piping system.
(2)
Factors for consideration.
(a)
The Planning Board's review of a preliminary
site plan shall include but is not limited to the following considerations:
[1]
Adequacy and arrangement of vehicular traffic
access and circulation, including intersections, road widths, channelization
structures and traffic controls.
[2]
Adequacy and arrangement of pedestrian traffic
access and circulation, including separation of pedestrian from vehicular
traffic, walkway structures, control of intersections with vehicular
traffic and pedestrian convenience.
[3]
Location, arrangement, appearance and sufficiency
of off-street parking and loading.
[4]
Location, arrangement, size and design of buildings,
lighting and signs.
[5]
Relationship of the various uses to one another
and their scale.
[6]
Adequacy, type and arrangement of trees, shrubs
and other landscaping constituting a visual and/or a noise-deterring
buffer between adjacent uses and adjoining lands.
[7]
In the case of apartment houses or multiple
dwellings, the adequacy of usable open space for playgrounds and informal
recreation.
[8]
Adequacy of stormwater and sanitary waste disposal
facilities.
[9]
Adequacy of structures, roadways and landscaping
in areas with moderate to high susceptibility to flooding and ponding
and/or erosion.
[10]
Protection of adjacent properties against noise,
glare, unsightliness or other objectionable features.
[11]
The degree to which the developer proposes to
leave untouched the natural beauty of the area.
[12]
The overall physical attractiveness of the design.
[13]
Conformance with other specific charges of the
Town Board which may have been stated in this chapter.
(b)
In its review, the Planning Board may consult
with the Town Engineer and other Town and County officials, as well
as with representatives of federal and state agencies, including the
Soil Conservation Service and the New York State Department of Environmental
Conservation. The Planning Board may require that exterior design
of all structures be made by or under the direction of a registered
architect whose seal shall be affixed to the plans. The Planning Board
may also require such additional provisions and conditions as may
appear necessary for the public health, safety and general welfare.
(3)
Action on preliminary site plan application.
(a)
Within 90 days of the receipt of the application
for preliminary site plan approval, the Planning Board shall act on
it. If no decision is made within said ninety-day period, the preliminary
site plan shall be considered approved. The Planning Board's action
shall be in the form of a written statement to the applicant, stating
whether or not the preliminary site plan is approved. A copy of the
appropriate minutes of the Planning Board shall be a sufficient report.
(b)
The Planning Board's statement may include recommendations
as to desirable revisions to be incorporated in the final site plan,
conformance with which shall be considered a condition of approval.
Such recommendations shall be limited, however, to siting and dimensional
details within general use areas and shall not significantly alter
the sketch plan as it was approved in the zoning proceedings.
(c)
If the preliminary site plan is disapproved,
the Planning Board's statement shall contain the reasons for such
findings. In such a case, the Planning Board may recommend further
study of the site plan and resubmission of the preliminary site plan
to the Planning Board after it has been revised or redesigned.
(d)
No modification of existing stream channels,
filling of lands with a moderate to high susceptibility to flooding,
grading or removal of vegetation in areas with moderate to high susceptibility
to erosion or excavation for and construction of site improvements
shall begin until the developer has received preliminary site plan
approval. Failure to comply shall be construed as a violation of this
chapter; and, where necessary, final site plan approval may require
the modification or removal of unapproved site improvements.
(4)
Request for changes in sketch plan. If, in the site
plan development, it becomes apparent that certain elements of the
sketch plan, as it has been approved by the Town Board, are unfeasible
and in need of significant modification, the applicant shall then
present his solution to the Planning Board as his preliminary site
plan in accordance with the above procedures. The Planning Board shall
then determine whether or not the modified plan is still in keeping
with the intent of this chapter. If a negative decision is reached,
the Planning Board shall so notify the Town Board, stating all of
the particulars of the matter and its reasons for feeling the project
should be continued as modified. Preliminary site plan approval may
then be given only with the consent of the Town Board.
(5)
Application for final detailed site plan approval.
(a)
After receiving approval from the Planning Board
on a preliminary site plan and approval for all necessary permits
and curb cuts from state and County officials, the applicant may prepare
his final detailed site plan and submit it to the Planning Board for
final approval, except that if more than 12 months has elapsed between
the time of the Planning Board's report on the preliminary site plan
and if the Planning Board finds that conditions have changed significantly
in the interim, the Planning Board may require a resubmission of the
preliminary site plan for further review and possible revision prior
to accepting the proposed final site plan for review.
(b)
The final detailed site plan shall conform substantially
to the preliminary site plan that has received preliminary site plan
approval. It should incorporate any revisions or other features that
may have been recommended by the Planning Board and/or the Town Board
at the preliminary review. All such compliances shall be clearly indicated
by the applicant on the appropriate submission.
(6)
Action on the final detailed site plan application.
Within 60 days of the receipt of the application for final site plan
approval, the Planning Board shall render a decision to the applicant
and so notify the Town Board. If no decision is made within the sixty-day
period, the final site plan shall be considered approved.
(a)
Upon approving an application, the Planning
Board shall endorse its approval on a copy of the final site plan
and shall forward it to the Zoning Enforcement Officer, who shall
then issue a building permit to the applicant if the project conforms
to all other applicable requirements.
(b)
Upon disapproving an application, the Planning
Board shall so inform the Zoning Enforcement Officer. The Planning
Board shall also notify the applicant and the Town Board in writing
of its decision and its reasons for disapproval. A copy of the appropriate
minutes may suffice for this notice.
(7)
Staging. If the applicant wishes to stage his development
and he has so indicated as per Subsection D(2)[b][4], then he may
submit only those stages he wishes to develop for site plan approval
in accordance with his staging plan. Any plan which requires more
than 24 months to be completed shall be required to be staged; and
a staging plan must be developed. At no point in the development of
a PRD shall the dwelling unit ratios between the several different
housing types for that portion of the PRD completed and/or under construction
differ from that of the PRD as a whole by more than 20%.
F.
Other applicable regulations.
(1)
Regulation after initial construction and occupancy.
For the purposes of regulating development and use of property after
initial construction and occupancy, any changes other than use changes
shall be processed as a special use permit request to the Planning
Board. Use changes shall also be in the form of a request for special
use permit, except that Town Board approval shall be required. It
shall be noted, however, that properties lying in planned residential
development districts are unique and shall be so considered by the
Planning Board or Town Board when evaluating these requests, and maintenance
of the intent and function of the planned unit shall be of primary
importance.
(2)
Site plan review. Site plan review under the provisions of this section shall suffice for Planning Board review of subdivisions under Chapter 81, subject to the following conditions:
(a)
The developer shall prepare sets of subdivision
plats suitable for filing with the office of the Monroe County Clerk
in addition to those drawings required above.
(b)
The developer shall plat the entire development
as a subdivision; however, PRD's being developed in stages may be
platted and filed in the same stages.
G.
Financial responsibilities. No building permits shall
be issued for construction within a PRD District until improvements
are installed or performance bond posted as provided for in § 277,
Subdivision 9, of the Town Law relating to subdivisions. Other such
requirements may also be established from time to time by the Town
Board.
H.
Cost of public hearings. The applicant shall pay the
Town a sum as determined by resolution of the Town Board for the two
public hearings required in the steps outlined herein for presentation
and review of his proposal, and the sum shall be paid to the Town
of Riga prior to the informational hearing held by the Planning Board.
Any other public hearing requested or desired shall be held only after
payment by the developer to the Town of Riga to cover the cost and
expenses of the Town.
A.
Purpose. The MHP Mobile Home Park District is intended
to provide for areas within the Town of Riga where mobile homes and
related service facilities may be located in a well-organized and
-planned environment.
B.
Mapping of district. In order to provide for flexibility in the location and design of mobile home parks, MHP Districts shall be designated on the Zoning Map only with respect to mobile home park areas existing at the time of the enactment of this chapter and any additional areas to be included in a MHP District shall be established and designated on the Zoning Map only upon application for and passage of a Zoning Map amendment in accordance with the provisions of Article IV of this chapter and upon compliance with the other provisions of this section.
C.
Criteria for designation of MHP Districts. In reviewing and acting upon any application for amendment of the Zoning Map to establish and designate additional areas for inclusion in a MHP District as provided in Subsection B above, the Town Board shall consider the effect of the proposed MHP District on the character and orderly development of properties within the neighboring area and upon the conduct and development of other lawful uses in the vicinity and such other standards and conditions as may be established with respect to the granting or denying of a permit under Chapter 62, Mobile Home Parks; and any such area shall satisfy the following:
(1)
The minimum land area to be included in any such rezoning
shall be 10 acres.
(2)
The minimum lot frontage on a public street shall
be 500 feet.
(3)
Any such area to be rezoned shall be serviced by public
water and public sewers or such services shall be available prior
to any development, as evidenced by written notice from each municipal
agency having jurisdiction with regard to the provision of such services.
D.
Permit required; regulations, standards and specifications. The development and use of land as a mobile home park is permitted in the Town of Riga only upon obtaining a permit from the Town Board in accordance with Chapter 62, Mobile Home Parks. Use and dimensional regulations within any MHP District shall be as provided in such chapter, and the design, construction and operation of mobile home parks shall conform to all standards, specifications and requirements set forth in said chapter.
E.
Procedure. Application for an amendment to the Zoning Map to locate and designate an MHP District thereon shall be submitted at the same time as an application for a mobile home park permit under Chapter 62, Mobile Home Parks. To the extent possible, the two applications shall be processed concurrently so as to promote coordinated consideration of and action on the proposal.
[Added 6-7-2017 by L.L.
No. 2-2017]
A.
Purpose: The purpose of the Solar Energy Systems Overlay District
is to accommodate solar energy systems in appropriate locations within
the Town to facilitate the development of solar energy.
B.
SESO requirements: Where the Solar Energy Systems Overlay District
zoning has been established, the requirements of the Solar Energy
Systems Overlay District shall be in addition to any requirements
specified in the underlying district.
C.
Exemption from SESO requirements: The requirements of the Solar Energy
Systems Overlay District shall not apply to those uses which are already
permitted in the underlying district nor to the following:
(1)
Roof-mounted and building-integrated solar energy systems are permitted
in all zoning districts in the Town when attached to any lawfully
permitted building or structure. Building permits shall be required
for installation of roof-mounted and building-integrated mounted solar
energy systems.
(2)
Ground-mounted SES are permitted as accessory structures in all zoning
districts of the Town, subject to all requirements applicable to accessory
structures in such zoning district. Building permits shall be required.
(3)
SES and other facilities shall be designed and located in order to
prevent reflective glare toward any inhabited buildings on adjacent
properties and roads.
(4)
Where site plan approval is required elsewhere in the regulations
of the Town for a development or activity, the site plan review shall
include review of the adequacy, location, arrangement, size, design,
and general site compatibility of proposed solar collectors.
(5)
All SES installations must be performed in accordance with applicable
electrical and building codes, the manufacturer's installation
instructions, and industry standards, and prior to operation the electrical
connections must be inspected by the Town Code Enforcement Officer
or by an appropriate electrical inspection person or agency, as determined
by the Town. In addition, any connection to the public utility grid
must be inspected by the appropriate public utility.
(6)
When solar storage batteries are included as part of the SES, they
must be placed in a secure container or enclosure meeting the requirements
of the New York State Building Code when in use and when no longer
used shall be disposed of in accordance with the laws and regulations
of Monroe County and other applicable laws and regulations.
(7)
If a SES ceases to perform its originally intended function for more
than 12 consecutive months, the property owner shall remove the SES,
mount and associated equipment and facilities no later than 90 days
after the end of the twelve-month period.
D.
Rezoning procedure. The process necessary to create a Solar Energy
Systems Overlay District shall be as follows:
(1)
Concept site plan. Prior to the submission of any application for
rezoning by the Town Board, the applicant shall submit a concept site
plan, as described below, to the Town Planning Board for its review
and recommendation on the rezoning.
(2)
Rezoning application. Any application for rezoning shall be submitted
to the Town Board and it shall contain the following information:
(a)
The report of the Town Planning Board resulting from the aforesaid
concept site plan and rezoning review.
(b)
The concept site plan. For purposes of this section, a "concept site plan" is a map, drawn to scale, prepared by a licensed engineer or architect, which graphically depicts proposed improvements to the property, including topographical features, system footprints, travelways, access locations, drainage facilities, lighting, landscaping, buffering, fencing, and signs. Said concept plan shall also depict existing improvements and contain all information required by Article IX, Site Plan Approval, and shall be in accordance with the design and construction standards of the Town of Riga.
(c)
Proof of ownership of the land proposed for rezoning.
(d)
A description of the property, including a metes and bounds
description of the parcel.
(e)
A letter of intent which states the land's present use
and the type of solar energy system proposed for the land.
(f)
A completed long form of the environmental assessment form (EAF).
(g)
A statement as to the present underlying zoning district and
proposed zoning as a Solar Energy Systems Overlay District.
(h)
Present land use and proposed future land use. Present land
use of lots abutting the proposed SES.
(i)
Two copies of an application to rezone the land. Submit the
original application to the Town Clerk and give a copy to the Town
Supervisor.
(j)
The procedure for rezoning to be used shall be that set forth
in Article 16, § 264, of the New York State Town Law.
(3)
SESO rezoning conditions. All SESO zoning, prior to being placed
on the Town of Riga Zoning Map, shall be conditioned upon the applicant
obtaining:
(a)
The approval of the Town Board creating the Solar Energy Systems
Overlay District on the property. Said review shall include a public
hearing for rezoning approval in accordance with the provisions of
§ 264 of the New York State Town Law.
(b)
Site plan approval from the Planning Board. Said review shall
include a public hearing for site plan approval in accordance with
the provisions of § 276, Subdivision 4, of the New York
State Town Law.
(c)
Special use permit approval from the Planning Board. Said review
shall include a public hearing for special use permit approval in
accordance with the provisions of § 274-b of the New York
State Town Law.
E.
Permitted underlying district. Any zoning district of the Town where
SES are not a permitted use are eligible for consideration for SESO
rezoning.
F.
Permitted principal uses. The following principal uses are permitted
in the Solar Energy Systems Overlay District:
(1)
Any use permitted in the underlying district.
G.
Permitted accessory uses. The following accessory uses shall be permitted
in the Solar Energy Systems Overlay District:
(1)
Customary accessory uses and buildings.
I.
Prohibiting uses. None of the following uses, or accessory uses,
shall be allowed within the Solar Energy Systems Overlay District:
(1)
Any other use not specifically authorized pursuant to the provisions
of this chapter or the provisions of the underlying district.
J.
Development standards. The following minimum standards shall apply
for uses located in the Solar Energy Systems Overlay District, unless
a more restrictive requirement is stated elsewhere in this chapter,
or is imposed by a condition of approval:
(1)
A large-scale SES shall be constructed pursuant to a site plan approval
from the Town Planning Board and must meet the criteria set forth
below and obtain all other necessary approvals.
(3)
A large-scale SES may be permitted in all zoning districts in the
Town when authorized by site plan approval from the Planning Board
subject to the following terms and conditions:
(a)
The total coverage of all buildings and structures on a lot,
including ground-mounted SES, shall not exceed 50%.
(b)
Height and setback restrictions.
(c)
The maximum height for ground-mounted SES panels located on
the ground or attached to a framework located on the ground shall
not exceed 15 feet in height above the ground.
(d)
The minimum setback from property lines shall be 25 feet.
(e)
A landscaped buffer shall be provided around all equipment and
SES to provide screening from adjacent residential properties and
roads.
(f)
Prior to the issuance of a special use permit for a large scale
solar energy system, the Planning Board shall determine if a bond
will be required to be issued in the name of the Town of Riga at the
expense of the applicant to cover the cost of decommissioning the
large-scale solar energy system should the need arise. The amount
of the bond shall be determined by the Planning Board after consultation
with the Town Attorney and the Town Engineer.
(4)
Design standards.
(a)
Removal of trees and other existing vegetation should be minimized
or offset with planting elsewhere on the property.
(b)
Roadways within the site shall not be constructed of impervious
materials and shall be designed to minimize the extent of roadways
constructed and soil compaction.
(c)
All on-site utility and transmission lines shall, to the extent
feasible, be placed underground.
(d)
SES and other facilities shall be designed and located in order
to prevent reflective glare toward any inhabited buildings on adjacent
properties and roads.
(e)
All mechanical equipment, including any structure for batteries
or storage cells, shall be enclosed by a minimum six-foot-high fence
with a self-locking gate and provided with landscape screening.
(f)
A solar energy system to be connected to the utility grid shall
provide a "proof of concept" letter from the utility company acknowledging
the SES will be connected to the utility grid in order to sell electricity
to the public utility.
(5)
Signs.
(6)
Abandonment.
(a)
All applications for a solar energy system shall be accompanied
by a decommissioning plan to be implemented upon abandonment, or cessation
of activity, or in conjunction with removal of the facility, prior
to issuance of a building permit.
(b)
If the applicant begins but does not complete construction of
the project within 18 months after receiving final site plan approval,
this may be deemed abandonment of the project and require implementation
of the decommissioning plan to the extent applicable.
(c)
The decommissioning plan must ensure the site will be restored
to a useful, nonhazardous condition without delay, including, but
not limited to, the following:
[1]
Removal of above-ground and below-ground equipment, structures
and foundations.
[2]
Restoration of the surface grade and soil after removal of equipment.
[3]
Revegetation of restored soil areas with native seed mixes,
excluding any invasive species.
[4]
The plan shall include a time frame for the completion of site
restoration work.
[5]
In the event the facility is not completed and functioning within
18 months of the issuance of the final site plan approval, the Town
may notify the operator and/or the owner to complete construction
and installation of the facility within 180 days. If the owner and/or
operator fails to perform, the Town may notify the owner and/or operator
to implement the decommissioning plan. The decommissioning plan must
be completed within 180 days of notification by the Town.
[6]
Upon cessation of activity of a constructed facility for a period
of one year, the Town may notify the owner and/or operator of the
facility to implement the decommissioning plan. Within 180 days of
notice being served, the owner and/or operator can either restore
operation equal to 80% of approved capacity or implement the decommissioning
plan.
[7]
If the owner/operator fails to fully implement the decommissioning
plan within the one-hundred-eighty-day time period the Town may at
its discretion provide for the restoration of the site in accordance
with the decommissioning plan and may recover all expenses incurred
for such activities from the decommissioning bond referenced in Subsection
(J)(3)(f).
(7)
Enforcement. Any violation of this solar energy section shall be
subject to the same civil and criminal penalties provided for in the
zoning regulations of the Town of Riga.
(8)
Severability. The invalidity or unenforceability of any section,
subsection, paragraph, sentence, clause, provision or phrase of the
aforementioned sections as declared by the valid judgement of any
court or competent jurisdiction to be unconstitutional shall not affect
the validity or enforceability of any other section, subsection, paragraph,
sentence, clause, provision or phrase, which shall remain in full
force and effect.
