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HomeMy WebLinkAboutDRAFT-Zoning-Ordinance-UPDATES-rev-12-1-21ChangesFromExistingTracked RAFT Zoning Ordinance Law UPDATE Town of Danby, New York   Adopted byPresented to the Town Board of the Town of Danby December 11th, 19911st, 2021 As Amended through September 23th, 2020 DRAFT Zoning Ordinance UPDATE 12-1-21 1 Table of Contents – Table of Contents ................................................................................................................ 1  ARTICLE I: TITLE ........................................................................................................... 7  ARTICLE II: PURPOSE ................................................................................................... 7  Section 200 - PURPOSE ................................................................................................. 7  ARTICLE III: DEFINITIONS ........................................................................................... 7  Section 300 - INTERPRETATION ................................................................................ 7  Section 301 - DEFINED TERMS ................................................................................... 7  ARTICLE IV: ESTABLISHMENT OF ZONES .............................................................. 7  Section 400 - ZONES ..................................................................................................... 7  Section 401 - MAP ......................................................................................................... 8  Section 402 - ZONE BOUNDARIES ............................................................................. 8  ARTICLE V: GENERAL PROVISIONS ......................................................................... 9  Section 500 - APPLICATION ........................................................................................ 9  Section 501 - USE AND OCCUPANCY ....................................................................... 9  Section 502 - LIMITATION OF FAMILIES ................................................................. 9  Section 503 - BUILDING FLOOR AREA ..................................................................... 9  Section 504 - CREATION OF SUBSIZE LOT ............................................................ 10  Section 505 - PRE-EXISTING LOTS .......................................................................... 10  Section 506 - TOMPKINS COUNTY HEALTH DEPARTMENT APPROVAL ....... 10  Section 507 - BUILDING CODE COMPLIANCE ...................................................... 10  Section 508 - PORCHES AND CARPORTS. .............................................................. 10  Section 509 - FENCES AND WALLS ......................................................................... 10  Section 510 - YARDS ................................................................................................... 10  Section 511 - NUMBER OF BUILDINGS ON A LOT ............................................... 11  Section 512 - ACCESSORY BUILDINGS. ................................................................. 11  Section 513 - SIGNS AND BILLBOARDS ................................................................. 12  Section 514 - PROHIBITED USES .............................................................................. 13  Section 515 - EXCAVATIONS, ABANDONED CONSTRUCTION AND DESTROYED BUILDINGS ............................................................................ 13  Section 516 - LIMITATION ON CHURCHES, SCHOOLS, ETC .............................. 13  Section 517 - STORMWATER REQUIREMENTS .................................................... 13  Section [2-13] 518 [2-13] - PROHIBITION AGAINST THE EXPLORATION FOR OR EXTRACTION OF NATURAL GAS AND/OR PETROLEUM .............. 14  Section [2-13] 519 [2-13] - INVALIDITY OF OTHER GOVERNMENTAL PERMITS. ......................................................................................................... 14  ARTICLE VI: ZONE REGULATIONS .......................................................................... 15  Section 600 - LOW DENSITY RESIDENTIAL ZONE .............................................. 15  Section 601 - MEDIUM DENSITY RESIDENTIAL ZONE ....................................... 34  Section 602 - HIGH DENSITY RESIDENTIAL ZONE ............................................. 28  Section 603 - COMMERCIAL TARGET AREA ........................................................ 39  DRAFT Zoning Ordinance UPDATE 12-1-21 2 Section 604 - PLANNED DEVELOPMENT ZONES ................................................. 39  Section 605 - MOBILE HOME PARK ZONE ............................................................. 46  Section 606 - AQUIFER HIGH VULNERABILITY OVERLAY ZONE ................... 49  ARTICLE VII: SPECIAL REGULATIONS ................................................................... 55  Section 700 - APPLICATION ...................................................................................... 55  Section 701 - LIMITATION OF USES WITHIN 200 FEET OF A RESIDENCE ZONE ................................................................................................................ 55  Section 702 - ENCLOSURE OF EXCAVATION SITES ............................................ 55  Section 703 - ABANDONMENT OF QUARRIES, ETC ............................................ 55  Section 704 - PUBLIC GASOLINE FILLING STATIONS AND GARAGES .......... 56  Section 705 - JUNK YARDS ....................................................................................... 56  Section 706 - OFF-STREET PARKING ...................................................................... 56  Section 707 - MOBILE HOMES AND MOBILE HOME PARKS ............................. 58  Section 708 - [3-11] LIGHT INDUSTRIAL ESTABLISHMENTS ............................ 60  Section 709 - FLOOD HAZARD PROTECTION ....................................................... 60  Section 710 - WIRELESS COMMUNICATION FACILITIES .................................. 60  Section 711 - ADULT ENTERTAINMENT BUSINESSES. ...................................... 60  Section 712 - STORMWATER REQUIREMENTS .................................................... 61  Section 713 - GROUNDWATER PROTECTION REQUIREMENTS ....................... 61  Section 714 - SOLAR ENERGY SYSTEMS ............................................................... 67  ARTICLE VIII: SITE PLAN REVIEW AND APPROVAL PROCEDURES. .............. 70  Section 800 - APPLICATIONS FOR REZONING ..................................................... 70  Section 801 - SITE PLANS RELATED TO SPECIAL PERMITS ............................. 72  Section 802 - FINAL SITE PLAN APPROVAL AND MODIFICATIONS OF SITE PLANS .............................................................................................................. 73  Section 803 - WAIVER OF REQUIREMENTS RELATED TO SITE PLAN ............ 75  Section 804 - PUBLIC HEARING NOTIFICATION PROCEDURES FOR SITE PLANS .............................................................................................................. 76  Section 805 - GENERAL CONSIDERATIONS .......................................................... 76  Section 806 - OTHER PROVISIONS REGARDING SITE PLANS ........................... 78  Section 807 - FAILURE OF TIMELY ACTION BY TOWN BOARD OR PLANNING BOARD ....................................................................................... 79  Section 808 - SOLAR ENERGY FACILITY ............................................................... 79  ARTICLE IX: SPECIAL PERMITS ............................................................................... 82  Section 900 - GENERAL PROVISIONS ..................................................................... 82  Section 901 - GENERAL CONSIDERATIONS REQUIRED FOR ALL SPECIAL PERMITS .......................................................................................................... 83  Section 902 - MISCELLANEOUS CONSIDERATIONS FOR SPECIAL PERMITS 84  Section 903 - ADDITIONAL SPECIAL PERMIT CONSIDERATIONS FOR COTTAGE INDUSTRY ................................................................................... 84  Section 904 - PROCEDURE FOR SPECIAL PERMITS ............................................ 85  Section 905 - FLOOD HAZARD AREAS ................................................................... 86  Section 906- ENVIRONMENTAL REVIEW .............................................................. 86  Section 907 - APPEAL OF PLANNING BOARD DECISION ................................... 86  DRAFT Zoning Ordinance UPDATE 12-1-21 3 ARTICLE X: NON-CONFORMING USES. .................................................................. 88  Section 1000 - NONCONFORMING LOTS OF RECORD ........................................ 88  Section 1001 - NONCONFORMING USES OF LAND .............................................. 88  Section 1002 - NONCONFORMING STRUCTURES ................................................ 88  Section 1003 - NONCONFORMING USES OF STRUCTURES ............................... 89  Section 1004 - CONTINUATION OR RESUMPTION OF FARM USES ................. 90  Section 1005 - CONTINUATION OF CONSTRUCTION .......................................... 90  Section 1006 - ALTERATIONS IN USE ..................................................................... 90  Section 1007 - RESTORATION .................................................................................. 91  Section 1008 - BOARD OF APPEALS DETERMINATION ...................................... 91  Section 1009 - STORMWATER REQUIREMENTS .................................................. 91  ARTICLE XI: ADMINISTRATION ............................................................................... 91  Section 1100 – ENFORCEMENT ................................................................................ 91  Section 1101 [2-11] BUILDING PERMIT, CERTIFICATE OF OCCUPANCY, TEMPORARY CERTIFICATE, CERTIFICATE OF COMPLIANCE, OPERATING PERMIT .................................................................................... 92  Section 1102 - SPECIAL CONDITIONS FOR DOUBLEWIDE MOBILE HOMES . 92  Section 1103 - BOARD OF APPEALS ........................................................................ 93  Section 1104 - VARIANCES ....................................................................................... 94  Section 1105 – PLANNING BOARD .......................................................................... 95  Section 1106 - VIOLATIONS AND PENALTIES ...................................................... 98  ARTICLE XII: AMENDMENTS. ................................................................................... 98  Section 1200 - AUTHORITY TO AMEND ................................................................. 98  ARTICLE XIII: MISCELLANEOUS. ............................................................................ 99  Section 1300 - INTERPRETATION OF ORDINANCE ............................................. 99  Section 1301 - VALIDITY ........................................................................................... 99  Section 1302 - EXISTING ZONING ORDINANCE AMENDED, RE-ADOPTED AND RE-ENACTED ........................................................................................ 99  Section 1303 - EFFECTIVE DATE ............................................................................. 99  ARTICLE I: TITLE ........................................................................................................... 7  ARTICLE II: PURPOSE ................................................................................................... 7  Section 200 - PURPOSE ................................................................................................. 7  ARTICLE III: DEFINITIONS ........................................................................................... 7  Section 300 - INTERPRETATION ................................................................................ 7  Section 301 - DEFINED TERMS ................................................................................... 7  ARTICLE IV: ESTABLISHMENT OF ZONES .............................................................. 7  Section 400 - ZONES ..................................................................................................... 7  Section 401 - MAP ......................................................................................................... 8  Section 402 - ZONE BOUNDARIES ............................................................................. 8  ARTICLE V: GENERAL PROVISIONS ......................................................................... 9  DRAFT Zoning Ordinance UPDATE 12-1-21 4 Section 500 - APPLICATION ........................................................................................ 9  Section 501 - USE AND OCCUPANCY ....................................................................... 9  Section 502 - LIMITATION OF UNITS ........................................................................ 9  Section 503 - BUILDING FLOOR AREA ..................................................................... 9  Section 504 - CREATION OF SUBSIZE LOT ............................................................ 10  Section 505 - PRE-EXISTING LOTS .......................................................................... 10  Section 506 - TOMPKINS COUNTY HEALTH DEPARTMENT APPROVAL ....... 10  Section 507 - BUILDING CODE COMPLIANCE ...................................................... 10  Section 508 - PORCHES AND CARPORTS. .............................................................. 10  Section 509 - FENCES AND WALLS ......................................................................... 10  Section 510 - YARDS ................................................................................................... 10  Section 511 - ................................................................................................................. 11  Section 512 - ACCESSORY BUILDINGS. ................................................................. 11  Section 513 - SIGNS AND BILLBOARDS ................................................................. 12  Section 514 - PROHIBITED USES .............................................................................. 13  Section 515 - EXCAVATIONS, ABANDONED CONSTRUCTION AND DESTROYED BUILDINGS ............................................................................ 13  Section 516 - LIMITATION ON CHURCHES, SCHOOLS, ETC .............................. 13  Section 517 - STORMWATER REQUIREMENTS .................................................... 13  Section 518 - PROHIBITION AGAINST THE EXPLORATION FOR OR EXTRACTION OF NATURAL GAS AND/OR PETROLEUM .................... 14  Section 519 - INVALIDITY OF OTHER GOVERNMENTAL PERMITS. ............... 14  ARTICLE VI: ZONE REGULATIONS .......................................................................... 15  Section 600 - HIGH PRIORITY PRESERVATION ZONE ........................................ 15  Section 601 – RURAL 1 ZONE ................................................................................... 18  Section 602 – RURAL 2 ZONE ................................................................................... 22  Section 603 - LOW DENSITY RESIDENTIAL ZONE .............................................. 25  Section 604 HAMLET NEIGHBORHOOD ZONE – .................................................. 30  Section 605 HAMLET CENTER ZONE ...................................................................... 34  Section 606 – COMMERCIAL ZONES ...................................................................... 39  Section 607 - PLANNED DEVELOPMENT ZONES ................................................. 45  Section 608 - MOBILE HOME PARK ZONE ............................................................. 46  Section 609 Aquifer High Vulnerability Overlay Zone – The purpose ........................ 49  Section 610 Riparian Buffer Overlay Zone – The purpose .......................................... 52  Section 611 Habitat Corridor Overlay Zone – The purpose ......................................... 53  Section 612 Agricultural Support Small Scale Commercial & Light Industry Floating Zone – The purpose .......................................................................................... 54  ARTICLE VII: SPECIAL REGULATIONS ................................................................... 55  Section 700 - APPLICATION ...................................................................................... 55  Section 701 - ENCLOSURE OF EXCAVATION SITES ............................................ 55  Section 702 - ABANDONMENT OF QUARRIES, ETC ............................................ 55  Section 703 - PUBLIC GASOLINE FILLING STATIONS AND GARAGES .......... 56  Section 704 - JUNK YARDS ....................................................................................... 56  Section 705 - OFF-STREET PARKING ...................................................................... 56  Section 706 - MOBILE HOMES AND MOBILE HOME PARKS ............................. 58  DRAFT Zoning Ordinance UPDATE 12-1-21 5 Section 707 - LIGHT INDUSTRIAL ESTABLISHMENTS ....................................... 60  Section 708 - FLOOD HAZARD PROTECTION ....................................................... 60  Section 709 - WIRELESS COMMUNICATION FACILITIES .................................. 60  Section 710 - ADULT ENTERTAINMENT BUSINESSES. ...................................... 60  Section 711 - STORMWATER REQUIREMENTS .................................................... 61  Section 712 - GROUNDWATER PROTECTION REQUIREMENTS ....................... 61  Section 714 - SOLAR ENERGY SYSTEMS ............................................................... 67  ARTICLE VIII: SITE PLAN REVIEW AND APPROVAL PROCEDURES. .............. 70  Section 800 – SITE PLAN REVIEW FOR APPLICATIONS FOR REZONING ....... 70  Section 801 - SITE PLANS REQUIRED FOR SITE PLAN REVIEW ....................... 72  Section 802 - FINAL SITE PLAN APPROVAL AND MODIFICATIONS OF SITE PLANS .............................................................................................................. 73  Section 803 - WAIVER OF REQUIREMENTS RELATED TO SITE PLAN ............ 75  Section 804 - PUBLIC HEARING NOTIFICATION PROCEDURES FOR SITE PLANS .............................................................................................................. 76  Section 805 - GENERAL CONSIDERATIONS .......................................................... 76  Section 806 - OTHER PROVISIONS REGARDING SITE PLANS ........................... 78  Section 807 - FAILURE OF TIMELY ACTION BY TOWN BOARD OR PLANNING BOARD ....................................................................................... 79  Section 808 - SOLAR ENERGY FACILITY ............................................................... 79  ARTICLE IX: SPECIAL PERMITS ............................................................................... 82  Section 900 - GENERAL PROVISIONS ..................................................................... 82  Section 901 - GENERAL CONSIDERATIONS REQUIRED FOR ALL SPECIAL PERMITS AND SITE PLAN REVIEW .......................................................... 83  Section 902 - ADDITIONAL SITE PLAN REVIEW CONSIDERATIONS FOR COTTAGE INDUSTRY ................................................................................... 84  Section 903 - PROCEDURE FOR SPECIAL PERMITS ............................................ 85  Section 904 - FLOOD HAZARD AREAS ................................................................... 86  Section 905- ENVIRONMENTAL REVIEW .............................................................. 86  ARTICLE X: NON-CONFORMING USES. .................................................................. 88  Section 1000 - NONCONFORMING LOTS OF RECORD ........................................ 88  Section 1001 - NONCONFORMING USES OF LAND .............................................. 88  Section 1002 - NONCONFORMING STRUCTURES ................................................ 88  Section 1003 - NONCONFORMING USES OF STRUCTURES ............................... 89  Section 1004 - CONTINUATION OR RESUMPTION OF FARM USES ................. 90  Section 1005 - CONTINUATION OF CONSTRUCTION .......................................... 90  Section 1006 - ALTERATIONS IN USE ..................................................................... 90  Section 1007 - RESTORATION .................................................................................. 91  Section 1008 - BOARD OF APPEALS DETERMINATION ...................................... 91  Section 1009 - STORMWATER REQUIREMENTS .................................................. 91  ARTICLE XI: ADMINISTRATION ............................................................................... 91  Section 1100 – ENFORCEMENT ................................................................................ 91  Section 1101 BUILDING PERMIT, CERTIFICATE OF OCCUPANCY, DRAFT Zoning Ordinance UPDATE 12-1-21 6 TEMPORARY CERTIFICATE, CERTIFICATE OF COMPLIANCE, OPERATING PERMIT .................................................................................... 92  Section 1102 - SPECIAL CONDITIONS FOR DOUBLEWIDE MOBILE HOMES . 92  Section 1103 - BOARD OF APPEALS ........................................................................ 93  Section 1104 - VARIANCES ....................................................................................... 94  Section 1105 – PLANNING BOARD .......................................................................... 95  Section 1106 - VIOLATIONS AND PENALTIES ...................................................... 98  ARTICLE XII: AMENDMENTS. ................................................................................... 98  Section 1200 - AUTHORITY TO AMEND ................................................................. 98  ARTICLE XIII: MISCELLANEOUS. ............................................................................ 99  Section 1300 - INTERPRETATION OF LOCAL LAW .............................................. 99  Section 1301 - VALIDITY ........................................................................................... 99  Section 1302 - EXISTING ZONING ORDINANCE AMENDED, RE-ADOPTED AND RE-ENACTED ........................................................................................ 99  Section 1303 - EFFECTIVE DATE ............................................................................. 99  ARTICLE XIV: TRANSFER OF DEVELOPMENT RIGHTS ...................................... 99  Section 1400 – AUTHORITY ...................................................................................... 99  Section 1401 – PURPOSE ............................................................................................ 99  Section 1402 – TRANSFER OF DEVELOPMENT RIGHTS MAP ......................... 100  Section 1403 – PROCEDURE FOR DESIGNATING SENDING AND RECEIVING DISTRICTS .................................................................................................... 100  Section 1404 – DESIGNATION OF SENDING AND RECEIVING DISTRICTS .. 100  Section 1405 – PROCEDURES FOR SELLING OF DEVELOPMENT RIGHTS AND CONVERSION TO PRESERVATION CREDITS ........................................ 100  Section 1406 – ALLOCATION OF PRESERVATION CREDITS ........................... 101  Section 1407 APPLICATION OF PRESERVATION CREDITS ............................. 102  Section 1408 – ADMINISTRATION ......................................................................... 102  ARTICLE XV: CLUSTER SUBDIVISION AND CLUSTER OF DEVELOPMENT RIGHTS .......................................................................................................................... 102  Section 1500 – PURPOSE .......................................................................................... 103  DRAFT Zoning Ordinance UPDATE 12-1-21 7 ARTICLE I: TITLE TOWN OF DANBY, NEW YORK, ZONING ORDINANCELOCAL LAW ARTICLE II: PURPOSE Section 200 - PURPOSE. For the purpose of promoting the health, safety, morals, and the general welfare of the community, and in furtherance of the Town of Danby Comprehensive plan, to lessen congestion on the highways, to secure safety from fire, panic, and other dangers, to protect the environment, to provide adequate light and air, to prevent the overcrowding of land, to avoid undue concentration of population, to facilitate the adequate provisions of transportation, water, sewerage, schools, parks and other public requirements, under and pursuant to the laws of the State of New York, the size of the buildings and other structures, the percentage of the lot that may be occupied, the size of the yards, the density of population, and the location and use of buildings, structures and land for trade, residence or other purposes, are hereby restricted and regulated as hereinafter provided. ARTICLE III: DEFINITIONS Section 300 - INTERPRETATION. Except where specifically defined herein all words used in this OrdinanceLocal Law shall carry their customary meanings. Words used in the present tense include the future, and the plural includes the singular; the word "lot" includes the word "plot;" the word "shall" is intended to be mandatory; and the words "occupied" or "used" shall be considered as though followed by the words "or intended, arranged, or designed to be used or occupied" and the word "he" includes "it" and "she". Section 301 - DEFINED TERMS. Certain specific words and terms used in this OrdinanceLocal Law are to be interpreted as defined in Appendix I hereto and hereby made a part of this ordinanceLocal Law. ARTICLE IV: ESTABLISHMENT OF ZONES Section 400 - ZONES. The Town of Danby is divided into the following types of zones (also sometimes hereinafter referred to as "Districts"): 1. Low Density Residential Zone. High Priority Preservation 2. MediumRural 1 3. Rural 2 DRAFT Zoning Ordinance UPDATE 12-1-21 8 4. Low Density Residential Zone. 5. Hamlet Neighborhood 6. 3. High Density Residential Zone. 4. Commercial Target Area wherein the following may be located: Commercial Zone "A", Commercial Zone "B", and Commercial Zone "C". 5Hamlet Center 7. Commercial 8. Planned Development Zone. 9. 6. Mobile Home Park Zone. 710. Aquifer High Vulnerability (AHV) Overlay Zone. [8-16] 11. Stream Setback Overlay Zone 12. Habitat Corridor Overlay Zone 13. Agricultural Support Commercial Uses Floating Zone Section 401 - MAP. Said zones, except for the Commercial Target Area and Mobile Home Park Zones, are bounded as shown on a map entitled "Zoning Map Town of Danby," adopted December 11, 1991xx, 2021, and signed by the Town Clerk. Details of existing Commercial Zones and Planned Development Zones are shown in the "Supplement to Town of Danby Zoning Map showing Details of Commercial Zones and Planned Development Zones" dated December 11, 1991 accompanying the Zoning Map. Said map, map supplement, and all explanatory matter thereon and amendments thereto are hereby made a part of this Ordinance. The Commercial Target Area consists of all the Commercial Zones and all of the High Density Residential Zones shown on said map. Certain existing Planned Development Zones (formerly known as Planned Development Districts) are shown on said map. New Commercial Zones, Planned Development Zones, and Mobile Home ParkNew zones may be created as set forth in this OrdinanceLocal Law. The boundaries of the Aquifer High Vulnerability (AHV) Overlay Zone are established herein as delineated on a map entitled “Aquifer High Vulnerability (AHV) Overlay Zone Map, Town of Danby,” dated August 6, 2016December xx, 2021 and kept on file in the office of the Town Clerk. [8-16] Section 402 - ZONE BOUNDARIES. Where uncertainty exists with respect to the boundaries of any of the aforesaid zones as shown on the Zoning Map, the following rules DRAFT Zoning Ordinance UPDATE 12-1-21 9 shall apply: 1. Where zone boundaries are indicated as approximately following the center lines of streets or highways, street lines, or highway right-of-way lines, such center lines, street lines, or highway right-of-way lines shall be construed to be said boundaries. 2. Where zone boundaries are so indicated that they approximately follow the lot lines as shown on plots of record at the time this OrdinanceLocal Law becomes effective, or lot lines on plots of record at the time of any amendment rezoning an area, then such lot lines shall be construed to be said boundaries. 3. Where zone boundaries are so indicated that they are approximately parallel to the center lines of street lines or streets, or the center lines or right-of-way lines of highways, such zone boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the zoning map. If no such distance is given, such dimension shall be determined by the use of the scale shown on said zoning map. 4. Where the boundary of a zone follows a railroad line, such boundary shall be deemed to be located in the middle of the main tracks of said railroad line. 5. Where the boundary of a zone follows a stream, lake or other body of water, unless otherwise indicated said boundary line shall be deemed to be at the center line of said stream, lake, or other body of water, unless said center line is outside the jurisdiction of the Town of Danby, in which event said boundary line shall be deemed to be at the limit of the jurisdiction of the Town of Danby. ARTICLE V: GENERAL PROVISIONS Section 500 - APPLICATION. Except as hereinafter provided, the following general regulations shall apply. Section 501 - USE AND OCCUPANCY. No building or land shall hereafter be used or occupied and no building or part thereof shall be erected, moved or altered unless such action is in conformance with the regulations specified for the zone in which said action occurs and any special regulations pertinent thereto. Section 502 - LIMITATION OF FAMILIESUNITS. No building shall hereafter be erected or altered to accommodate or house a greater number of familieshousing units than is permitted in the zone in which the building is located. Section 503 - BUILDING FLOOR AREA. No dwelling in any zone shall be erected or altered so as to provide for less than the minimum number of square feet of enclosed floor area permitted by the Building Code. DRAFT Zoning Ordinance UPDATE 12-1-21 10 Section 504 - CREATION OF SUBSIZE LOT. No lot shall hereafter be reduced or altered, by subdivision or otherwise, so as to result in a lot that does not meet the minimum area or yard requirements prescribed by this OrdinanceLocal Law. Section 505 - PRE-EXISTING LOTS. A small lot, which was a legal building lot before adoption of this OrdinanceLocal Law (or adoption of an amendment to this OrdinanceLocal Law changing the lot to a non-conforming lot) and which does not meet the minimum requirements of this OrdinanceLocal Law for the zone in which it is located at the time the OrdinanceLocal Law was adopted (or so amended), may be used for any use permitted within said zone provided that all structures on said lot otherwise comply with the terms of this OrdinanceLocal Law. A building already constructed on such a lot may be altered or enlarged provided that the proposed alteration or enlargement otherwise complies with the terms of this OrdinanceLocal Law at the time of such alteration or enlargement. Section 506 - TOMPKINS COUNTY HEALTH DEPARTMENT APPROVAL. No building permit, trailer permit, or certificate of occupancy issued under the terms of this OrdinanceLocal Law shall become or remain valid unless the holder thereof complies with rules and regulations of the Tompkins County Health Department under the terms of the County Sanitary Code and any applicable New York State or federal laws, rules, or regulations. Where minimum lot sizes are specified in this OrdinanceLocal Law, the same shall be subject to the approval of the Tompkins County Health Department or any successor agency, and if such department or successor requires larger lots to comply with the County Sanitary Code, New York State laws, or federal laws, the requirements of such Department or of any State or Federal agency or successor thereto shall govern. Section 507 - BUILDING CODE COMPLIANCE. If the requirements of the Building Code are more restrictive with respect to any matter referred to in this OrdinanceLocal Law, the provisions of the Building Code shall govern. Section 508 - PORCHES AND CARPORTS. In determining the percent of building coverage or the size of yards, porches and carports, open on the sides but roofed, shall be considered a part of the building area for the purposes of this ordinanceLocal Law. Section 509 - FENCES AND WALLS. The provisions of this ordinanceLocal Law shall not apply to fences or walls less than six feet above the natural grade, nor to terraces, steps, unroofed porches, or other similar features constructed within three feet of the floor level of the ground story and within three feet of the finished grade. Section 510 - YARDS. 1. SIDE YARD ON CORNER LOT. On a corner lot in a Residential or Commercial Zone, thethe minimum yard width on the side street shall be the same as the required front yard for adjoining properties on the side street. DRAFT Zoning Ordinance UPDATE 12-1-21 11 2. REAR YARD ON TRIANGULAR OR CORNER LOT. Triangular lots and corner lots in Residential or Commercial Zones shall not require a rear yard. 3. MORE THAN ONE BUILDING ON A LOT. When permitted by this OrdinanceLocal Law, when there is more than one principal building on a lot in any zone the space between the closest parts of such buildings must be at least equalare encouraged to the sum of the side yards required bybe as close to each building or the sum of the rearother as possible clustering the development and front yards, as the case may be.widely spread development is discouraged. 4. PROJECTIONS. Bays, including their cornices and eaves, may extend not more than two feet into any required yard provided that the sum of the lengths of such projections in any wall shall not exceed one third the length of such wall. An open balcony or fire escape may extend not more than five feet into any required yard. 5. PARKING. No vehicle parking area shall be included in any required front yard, except as set forth below and except for a lot with a single dwelling, one or two housing not more than two familiesunits. Section 511 - HEIGHT. Except as otherwise authorized under the terms of this Local Law, no building or structure shall exceed thirty-six feet in height from lowest exterior grade or forty feet in height from lowest interior grade, whichever is the greater. This height limitation shall not apply to silos, barns, or other structures used in connection with generally recognized agricultural operations. No structure[s] to which this exception applies, however, shall exceed one hundred feet in height, or be located less than one hundred feet from any property line. Section 512 - ACCESSORY BUILDINGS. Section 511 - NUMBER OF BUILDINGS ON A LOT. There shall not be more than one principal residential building on any lot unless a Special Permit for same is given by the Planning Board. When there is more than one principal residential building on a lot the space shall be as provided in Section 510 above with respect to yards. Each principal residential building shall have the equivalent minimum lot area per dwelling unit required for a single family dwelling. Section 512 - ACCESSORY BUILDINGS. 1. 1. No accessory buildings whether attached to or detached from the principal building shall occupy required front yard space or be closer than ten. In DRAFT Zoning Ordinance UPDATE 12-1-21 12 addition: a. Accessory buildings of 144 square feet or less must be at least 5 feet from side and rear lot lines., 2. Without limiting the foregoing no tool, garden, utility shed nor swimming pool shall be located closer than a minimum of ten feet from the rear property line in any residential zone and in any event such structure shall otherwise comply with the required side yard and all other requirements of this Ordinance. b. Accessory buildings larger than 144 but not larger than 1000 square feet must be at least 10 feet from side and rear lot lines, c. Accessory buildings larger than 1000 square feet must be at least 50 feet from side and rear lot lines 3. Notwithstanding the foregoing any building housing any noxious commodity shall be no nearer than one hundred feet from any side or rear lot line. Section 513 - SIGNS AND BILLBOARDS. 1. No advertising sign or billboard other than those specifically permitted by this ordinanceLocal Law shall be permitted in any zone. 2. If a property owner fails to comply with any of the provisions of this Section, the Town Board may issue to said property owner a notice to appear before the Board of Appeals to show cause why the Town Board should not contract privately to remove any unauthorized advertising sign or billboard in order to satisfy this Section and further, to show cause why any expense incurred by the Town Board in accomplishing the removal of an unauthorized sign or billboard should not be assessed by the Town Board against the real property of said owner. Upon a determination by the Board of Appeals that said sign or billboard must be removed in order to satisfy the requirements of this Section, the Town board shall contract for the work to be done and the expense so incurred in accomplishing such work shall be assessed by the Town Board against the real property of the property owner and the expense so assessed shall constitute a lien and charge on the real property on which it is levied until paid or otherwise satisfied or discharged as in the case of any other Town charge. 3. The above remedy is not intended to limit or restrict any other remedies or recourse by the town against the violators of this Section. 4. The following signs are permitted in all zones: a. Signs required by law. b. Official signs of any governmental agency. c. Identification signs for churches, parks and playgrounds and similar uses DRAFT Zoning Ordinance UPDATE 12-1-21 13 not exceeding in the aggregate fifteen square feet in area. Any such signs shall be located within the property lines of the premises it identifies and may be illuminated but not flashing. Any signs with lights directed to the sign shall have the lights shielded as much as practicable to direct the lights only at the signs. d. Temporary signs which shall not be more than fifteen square feet in area and which are displayed for 30 days or less. e. A sign denominating a home business, not over ten square feet in area. Any such sign shall be located within the property lines of the premises it identifies and may be illuminated but not flashing. Any signs with lights directed to the sign shall have the lights shielded as much as practicable to direct the lights only at the signs. Section 514 - PROHIBITED USES. Any uses not specifically or implicitly permitted in a zone established by this ordinanceLocal Law are hereby specifically prohibited from the zone. Section 515 - EXCAVATIONS, ABANDONED CONSTRUCTION AND DESTROYED BUILDINGS. [2-13] The following rules, in addition to any other local, state, or regulations or federal laws or regulations shall govern excavations in the Town: 1. No excavations shall remain open or uncovered for more than one year after work has ceased on a construction project or such excavation has been abandoned. Any excavation or cellar hole remaining after the demolition or destruction of a building from any cause shall be covered or filled by the owner within one year. 2. Fencing or other similar safety measures shall be provided around abandoned excavations, damaged buildings and other potentially hazardous conditions. 3. If a property owner fails to comply with any of the provisions contained herein, he or she shall be subject to the procedures and remedies available to the Town.[2-13]. Section 516 - LIMITATION ON CHURCHES, SCHOOLS, ETC. No church, school, or other structure designed for public assembly or open to the public and authorized pursuant to a Special Permit hereafter erected in, or moved to, any residential zoneoutside of the hamlet zones, shall be located within one hundred feet of any property line. Section 517 - STORMWATER REQUIREMENTS. [2-10] The requirements of Town of Danby Local Law Number 1 of 2010, entitled “Town of Danby Stormwater Management, Erosion and Sediment Control Law” (herein the “Stormwater Local Law”) be and hereby are incorporated into this Zoning OrdinanceLocal Law, and all activities in all zones listed in Article 6 hereof, and all hereafter approved Planned Development Zones, shall comply with such Stormwater Local Law and all requirements therein, including, but not limited to, the preparation and approval of SWPPPs, the obtaining of Stormwater DRAFT Zoning Ordinance UPDATE 12-1-21 14 Permits, and the design, planning, installation, construction, maintenance, and improvement of temporary and permanent Stormwater Management Practices, as each and all of such capitalized terms are defined and used within such Stormwater Local Law. Regardless of the language of this Zoning OrdinanceLocal Law, no waivers pertaining to stormwater requirements may be granted by any person, body, board, or other entity unless such waiver is granted pursuant to the authority of Article 16 of such Stormwater Local Law. [2-10] Section [2-13] 518 [2-13] - PROHIBITION AGAINST THE EXPLORATION FOR OR EXTRACTION OF NATURAL GAS AND/OR PETROLEUM . [3-11]. No use or operation on any land, parcel, lot, or other area located within the Town of Danby, including but not limited to within any Planned Development Zone, shall be proposed, allowed, or permitted where such use or operation involves: (i) any Natural Gas and/or Petroleum Exploration activities; (ii) storage or staging, for any length of time and whether above or below ground, any Natural Gas and/or Petroleum Exploration and Production Materials or any Natural Gas Exploration and/or Petroleum Production Wastes; or (iii) any Natural Gas and/or Petroleum Extraction activities or any Natural Gas and/or Petroleum Support Activities; or (iv) any drilling, construction, or excavating of any well to find or produce any Natural Gas or other hydrocarbons, or (v) any storage, staging, processing, or treatment areas, structures, or improvements relating to Natural Gas, petroleum, or any related hydrocarbons, Natural Gas and/or Petroleum Exploration and Production Materials, or Natural Gas Exploration and/or Petroleum Production Wastes, or (vi) any disposal of Natural Gas Exploration and/or Petroleum Production Wastes, or (vii) the erection or construction of any derrick, building, or other structure, or placement or use of any machinery or equipment, for any such purposes. The above restrictions shall not be construed to: (a) prevent or prohibit the transmission of Natural Gas or related hydrocarbons through utility pipes, lines, or related appurtenances for the limited purpose of supplying utility services to residents of the Town of Danby; (b) prevent or prohibit the siting or permitting of a Gasoline Service Station or an Automotive and Other Motorized Vehicle Repair Facility where otherwise allowed under this Zoning OrdinanceLocal Law; or (c) prevent or prohibit the incidental and normal storage or use of reasonable and customary amounts of Natural Gas and other hydrocarbons in relation to any other use that is lawful under this Zoning OrdinanceLocal Law, such as home heating storage facilities (e.g., propane tanks), gasoline pumps and storage tanks, and similar uses that are normally associated with allowed residential, business, commercial, and Light Industrial uses permitted pursuant to and under this Zoning OrdinanceLocal Law.” Section [2-13] 519 [2-13] - INVALIDITY OF OTHER GOVERNMENTAL PERMITS. No permit issued by any local, state or federal agency, commission or board shall be deemed valid within the Town of Danby when such permit purports to allow or permit a land use or operation that would violate the prohibitions, terms, requirements, or conditions of this Zoning Ordinance. [3-11]Local Law. DRAFT Zoning Ordinance UPDATE 12-1-21 15 ARTICLE VI: ZONE REGULATIONS Section 600 - LOW DENSITY RESIDENTIAL ZONE. The purpose of the Low Density Residential Zone is to provide an area of limited development where it is deemed most desirable in the Town to maintain larger lots for development and permit the possibility of continued agricultural use of the areas without limiting the areas to solely agricultural uses. Section 600 - HIGH PRIORITY PRESERVATION ZONE. The High Priority Preservation Zone includes areas where development and subdivision are significantly restricted to protect the long-term rural character and natural habitat in the Town 1. PERMITTED PRINCIPAL USES. PERMITTED BY RIGHT a. One single-family or one two-family dwelling per lot provided that each dwelling unit is occupied by no more than one family. b. Public utility structures. cb. Customary Agricultural Uses and structures, including roadside stands not exceeding 400 square feet, provided, however, that no storage of manure or any permanent use of land or buildings producing offensive odor or dust shall be permitted within 25100 feet of any side or rear property line. 2. PERMITTED c. Building-Mounted Solar Energy System 1. ACCESSORY USES. PERMITTED BY RIGHT Accessory uses must be incidental and accessory to an allowed a. Private garage, either attached or unattached to the principal buildinguse. ba. Home occupations provided that there shall be no external evidence of such activity on the site except a sign denominating such occupation not over ten square feet in area. Any such sign shall be nonflashing and, if illuminated, shall be shielded as much as possible from adjacent residences. c. One residential storage building per lot not to exceed 400 square feet in total areab. d. Private swimming pool, tennis courts, and other similar recreational facilities for the principal private use of the occupants of thea dwelling on the lot. e. Building-Mounted Solar Energy System [7-17] fc. Small-Scale Solar Energy System, subject to the provisions of Article VII: Special Regulations, § 714 – SOLAR ENERGY SYSTEMS [7-17] DRAFT Zoning Ordinance UPDATE 12-1-21 16 gd. Customary farm buildings such as barns, silos, livestock enclosures, storage buildings and similar structures. he. Roadside stands not in excess of four hundred square feet of interior area and selling only products produced on the same lot or produced on land within a ten-mile radius of the location of the stand. 2. PRINCIPAL 3. USES ONLY PERMITTED BY SPECIAL PERMIT ONLY.SITE PLAN REVIEW a. Churches and similar religious institutions. b. Hospitals. c. Public schools, parks and playgrounds. d. Public library. e. Nursery schools, group family day care homes, and day care centers. f. Municipal buildings and structures. g. Cemeteries. h. Private playground, athletic field and group swimming pools. i. Tourist homes. j. Customary home occupations and professional residential offices where external visible evidence of same exists on the site. k. Private Airplane Landing Field. l. Replacement of a preexisting singlewide mobile home which is the second dwelling on a lot, with a newer manufactured home. m. Installation of a second dwelling unit on a lot in a separate building for temporary or permanent occupancy. a. Single dwelling unit b. Cemeteries. DRAFT Zoning Ordinance UPDATE 12-1-21 17 c. Private playground, athletic field and group swimming pools. d. Tourist homes. e. Customary home occupations and professional residential offices where external visible evidence of same exists on the site. f. Cottage industry See: Section 903 3. ACCESSORY USES PERMITTED ONLY BY SITE PLAN REVIEW. Accessory uses must be incidental and accessory to an allowed principal use. a. Private garage, workshop, or residential storage building totaling less than or equal to 1200 square feet per lot. Garages attached to the principal building are not limited by this section. b. Home occupations in new building(s) provided that there shall be no external evidence of such activity on the site except a sign denominating such occupation not over ten square feet in area. Any such sign shall be nonflashing and, if illuminated, shall be shielded as much as possible from adjacent residences. 4. NUMBER OF LOTS ALLOWED [1-05] a. On any parcel as it existed on the effective date of this amendment to this ordinance (June 20, 2005Local Law (December XX, 2021), there shall be permitted no more than one (1) lot created for every twenty-five (525) acres of land or per 200 feet of road frontage whichever results in the greater number of lots, provided that the road frontage, for this purpose, is located on a public road maintained year-round. b. For purposes of calculating the number of lots allowed, in no case shall the number of lots allowed exceed the average density that could be obtained using the required lot area provided in Article VI, Section 600 of the Zoning OrdinanceLocal Law of the Town of Danby. c. The limitations of this section shall apply to parcels of land existing on the effective date of this amendment to this ordinance (June 20, 2005Local Law (December XX, 2021). Any subsequent owner or owners of any such parcel of land (I.E., THE PARENT PARCEL) shall be bound by the actions of previous owners in that such subsequent owner or owners may only create the number of lots that may remain of the original number allowed under this section. DRAFT Zoning Ordinance UPDATE 12-1-21 18 d. Further subdivision of any parcel created after the effective date of this amendment to this ordinance (June 20, 2005Local Law (December XX, 2021) shall be prohibited unless all or part of the remaining subdivision rights of the original (PARENT) parcel are specifically transferred to the newly created lot. Written notice of any such transfer shall be submitted as part of the Final Subdivision Plat, and shall be recorded on the plat. 5. REQUIRED LOT AREA. Except when approved as a Clustered Subdivision, lot area shall be not less than two25 acres with frontage of not less than two. 6. YARDS. Except as hereinafter provided, minimum yard size shall be: a. Minimum front yard depth – one hundred feet, and a lot depth of not less than three. b. Minimum side yard width - one hundred feet. c. Minimum rear yard depth one hundred feet. d. Minimum setback between existing homes and primary buildings in new cluster subdivisions. – one thousand feet 7. SIGNS. In addition to the previously mentioned signs, the following signs shall be permitted: a. Signs required by law. b. Official signs of any governmental agency. c. Identification signs for churches, parks and playgrounds and similar uses not exceeding in the aggregate fifteen square feet in area. Any such signs shall be located within the property lines of the premises it identifies and may be illuminated but not flashing. Any signs with lights directed to the sign shall have the lights shielded as much as practicable to direct the lights only at the signs. d. Temporary signs which shall not be more than fifteen square feet in area and which shall not be displayed for more than 30 days in a year. 8. HEIGHT. See Section 511 9. IMPERVIOUS AREA. The maximum Impervious Area shall not exceed one percent of the Lot Area or one acre, whichever is less. Section 601 [– RURAL 1-05] ZONE. The purpose of the Rural 1 Zone is to protect parts of the Town that include more sensitive open space resources including but not limited to DRAFT Zoning Ordinance UPDATE 12-1-21 19 steep slopes, Unique Natural Areas, wetlands, forests, significant contiguous habitat areas and viewsheds. Any new development in this Zone is intended to be limited. Such development requires additional review with careful consideration to preserving these characteristics and features and the long-term rural character and natural habitat of the Town 1. PRINCIPAL USES PERMITTED BY RIGHT. a. Public utility structures. b. Customary Agricultural Uses and structures, including roadside stands not exceeding 400 square feet, provided, however, that no storage of manure or any permanent use of land or buildings producing offensive odor or dust shall be permitted within 25 feet of any side or rear property line. 3. ACCESSORY USES PERMITTED BY RIGHT. Accessory uses must be incidental and accessory to an allowed principal use. a. Home occupations in existing building(s) provided that there shall be no external evidence of such activity on the site except a sign denominating such occupation not over ten square feet in area. Any such sign shall be nonflashing and, if illuminated, shall be shielded as much as possible from adjacent residences. c. Private garage, workshop, or residential storage building(s) 400 square feet or less in total area per lot. d. Private swimming pool, tennis courts, and other similar recreational facilities for the principal private use of the occupants of a dwelling on the lot. e. Building-Mounted Solar Energy System f. Small-Scale Solar Energy System, subject to the provisions of Article VII: Special Regulations, § 714 – SOLAR ENERGY SYSTEMS g. Customary farm buildings such as barns, silos, livestock enclosures, storage buildings and similar structures for agricultural use. h. Roadside stands not in excess of four hundred square feet of interior area and selling only products produced on the same lot or produced on land within a ten-mile radius of the location of the stand. 2. PRINCIPAL USES PERMITTED BY SITE PLAN REVIEW ONLY. DRAFT Zoning Ordinance UPDATE 12-1-21 20 a. One dwelling unit. b. Churches and similar religious institutions. c. Hospitals. d. Public schools, parks and playgrounds. e. Public library. f. Nursery schools, group family day care homes, and day care centers. g. Municipal buildings and structures. h. Cemeteries. i. Private playground, athletic field and group swimming pools. j. Tourist homes. k. Customary home occupations and professional residential offices where external visible evidence of same exists on the site. l. Private Airplane Landing Field. m. Cottage industry See: Section 903 3. PERMITTED ACCESSORY USES BY SITE PLAN REVIEW ONLY. Accessory uses must be incidental and accessory to an allowed principal use. a. Private garage, workshop, or residential storage building(s) totaling more than 400 square feet but less than or equal to 1200 square feet per lot. Garages attached to the principal building are not limited by this section. b. Home occupations in new building(s) provided that there shall be no external evidence of such activity on the site except a sign denominating such occupation not over ten square feet in area. Any such sign shall be nonflashing and, if illuminated, shall be shielded as much as possible from adjacent residences. 4. NUMBER OF LOTS ALLOWED a. On any parcel as it existed on the effective date of this amendment to this Local Law (December xx, 2021), there shall be permitted no more than one (1) lot created for every ten (10) acres of land. DRAFT Zoning Ordinance UPDATE 12-1-21 21 b. The limitations of this section shall apply to parcels of land existing on the effective date of this amendment to this Local Law (December xx, 2021). Any subsequent owner or owners of any such parcel of land (I.E., THE PARENT PARCEL) shall be bound by the actions of previous owners in that such subsequent owner or owners may only create the number of lots that may remain of the original number allowed under this section. c. Further subdivision of any parcel created after the effective date of this amendment to this Local Law (December xx, 2021) shall be prohibited unless all or part of the remaining subdivision rights of the original (PARENT) parcel are specifically transferred to the newly created lot. Written notice of any such transfer shall be submitted as part of the Final Subdivision Plat, and shall be recorded on the plat. 5. REQUIRED LOT AREA. Except when approved as a Clustered Subdivision, lot area shall be not less than ten acres and a lot depth of not less than eight hundred feet 6. YARDS. Except as hereinafter provided, minimum yard size shall be: a. Minimum front yard depth - fifty– twenty feet. b. Minimum side yard width - fifty feet. d. c. Minimum rear yard depth - fifty feet. e. Minimum setback between existing homes and primary buildings in new cluster subdivisions. - 600 feet. 7. SIGNS. In addition to the previously mentioned signs, the following signs shall be permitted: a. Signs required by law. b. Official signs of any governmental agency. c. Identification signs for churches, parks and playgrounds and similar uses not exceeding in the aggregate fifteen square feet in area. Any such signs shall be located within the property lines of the premises it identifies and may be illuminated but not flashing. Any signs with lights directed to the sign shall have the lights shielded as much as practicable to direct the lights only at the signs. d. Temporary signs which shall not be more than fifteen square feet in area and which shall not be displayed for more than 30 days in a year. DRAFT Zoning Ordinance UPDATE 12-1-21 22 8. HEIGHT. - seventySee Section 511 9. IMPERVIOUS AREA. The maximum Impervious Area shall not exceed twenty- five feetpercent of the Lot Area or one acre, whichever is smaller. 10. USES PERMITTED BY SPECIAL PERMIT ONLY: a. Solar Energy Facility, subject to the provisions of Article VII: Special Regulations, § 714 – SOLAR ENERGY SYSTEMS and § 808 – SOLAR ENERGY FACILITIES b. Large-Scale Solar Energy System, subject to the provisions of Article VII: Special Regulations, § 714 – SOLAR ENERGY SYSTEMS Section 602 – RURAL 2 ZONE. The purpose of the Rural 2 Zone is to protect parts of the Town where agriculture, open space, forests, and natural habitat are the preferred uses and where the orderly development of large lot residential and some commercial uses is considered to be reasonable and in keeping with the rural character of the area. 1. PRINCIPAL USES PERMITTED BY RIGHT. a. One dwelling unit, or one building with two dwelling units. b. Public utility structures. c. Customary Agricultural Uses and structures, including roadside stands not exceeding 400 square feet, provided, however, that no storage of manure or any permanent use of land or buildings producing offensive odor or dust shall be permitted within 25 feet of any side or rear property line. 2. ACCESSORY USES PERMITTED BY RIGHT. a. Private garage, workshop, or residential storage building(s) totaling less than or equal to 1200 square feet per lot. Garages attached to the principal building are not limited by this section. b. Home occupations provided that there shall be no external evidence of such activity on the site except a sign denominating such occupation not over ten square feet in area. Any such sign shall be nonflashing and, if illuminated, shall be shielded as much as possible from adjacent residences. d. Private swimming pool, tennis courts, and other similar recreational DRAFT Zoning Ordinance UPDATE 12-1-21 23 facilities for the principal private use of the occupants of a dwelling on the lot. e. Building-Mounted Solar Energy System f. Small-Scale Solar Energy System, subject to the provisions of Article VII: Special Regulations, § 714 – SOLAR ENERGY SYSTEMS g. Customary farm buildings such as barns, silos, livestock enclosures, storage buildings and similar structures. h. Roadside stands not in excess of four hundred square feet of interior area and selling only products produced on the same lot or produced on land within a ten-mile radius of the location of the stand. 3. PRINCIPAL USES ONLY PERMITTED BY SITE PLAN REVIEW. a. Churches and similar religious institutions. b. Hospitals. c. Public schools, parks and playgrounds. d. Public library. e. Nursery schools, group family day care homes, and day care centers. f. Municipal buildings and structures. g. Cemeteries. h. Private playground, athletic field and group swimming pools. i. Tourist homes. j. Customary home occupations and professional residential offices where external visible evidence of same exists on the site. k. Private Airplane Landing Field. l. Replacement of a preexisting singlewide mobile home which is the second dwelling on a lot, with a newer manufactured home. n. Cottage industry See: Section 903 o. Multi-unit dwelling permitted using development rights through cluster DRAFT Zoning Ordinance UPDATE 12-1-21 24 subdivision process. 4. NUMBER OF LOTS ALLOWED a. On any parcel as it existed on the effective date of this amendment to this Local Law (December xx, 2021), there shall be permitted no more than one (1) lot created for every ten (10) acres of land. b. The limitations of this section shall apply to parcels of land existing on the effective date of this amendment to this Local Law (December xx, 2021). Any subsequent owner or owners of any such parcel of land (I.E., THE PARENT PARCEL) shall be bound by the actions of previous owners in that such subsequent owner or owners may only create the number of lots that may remain of the original number allowed under this section. c. Further subdivision of any parcel created after the effective date of this amendment to this Local Law (December xx, 2021) shall be prohibited unless all or part of the remaining subdivision rights of the original (PARENT) parcel are specifically transferred to the newly created lot. Written notice of any such transfer shall be submitted as part of the Final Subdivision Plat, and shall be recorded on the plat. 5. REQUIRED LOT AREA. Except when approved as a Clustered Subdivision, lot area shall be not less than ten acres and a lot depth of not less than six hundred feet. 6. YARDS. Except as hereinafter provided, minimum yard size shall be: a. Minimum front yard depth - twenty feet. b. Minimum side yard width - fifty feet. c. Minimum rear yard depth - fifty feet. d. Minimum setback between existing homes and primary buildings in new cluster subdivisions. – 300 feet 7. SIGNS. In addition to the previously mentioned signs, the following signs shall be permitted: a. Signs required by law. b. Official signs of any governmental agency. c. Identification signs for churches, parks and playgrounds and similar uses not exceeding in the aggregate fifteen square feet in area. Any such signs DRAFT Zoning Ordinance UPDATE 12-1-21 25 shall be located within the property lines of the premises it identifies and may be illuminated but not flashing. Any signs with lights directed to the sign shall have the lights shielded as much as practicable to direct the lights only at the signs. d. Temporary signs which shall not be more than fifteen square feet in area and which have been approved by the Board of Appealsare displayed for 30 days or less. 8. HEIGHT. Except as otherwise authorized under the terms of this Ordinance, no building shall exceed thirty-six feet in height from lowest exterior grade or forty feet in height from lowest interior grade. No structure shall exceed thirty-six feet in height. This height limitation shall not apply to silos, barns, or other structures used in connection with generally recognized agricultural operations. No such structures, however, shall exceed one hundred feet in height, or be located less than one hundred feet from any property line. 8. HEIGHT. See Section 511 9. IMPERVIOUS 9. BUILDING AREA. The maximum BuildingImpervious Area shall not exceed twenty-five percent of the Lot Area, or one acre, whichever is smaller. 10. USES PERMITTED BY SITE PLAN REVIEW ONLY: a. Solar Energy Facility, subject to the provisions of Article VII: Special Regulations, § 714 – SOLAR ENERGY SYSTEMS and § 808 – SOLAR ENERGY FACILITIES a.b. Large-Scale Solar Energy System, subject to the provisions of Article VII: Special Regulations, § 714 – SOLAR ENERGY SYSTEMS Section 603 - LOW DENSITY RESIDENTIAL ZONE. The purpose of the Low Density Residential Zone is to provide an area of limited development where it is deemed most desirable in the Town to maintain larger lots for development and permit the possibility of continued agricultural use of the areas without limiting the areas to solely agricultural uses. Solar Energy Facility, subject to the provisions of Article VII: Special Regulations, § 714 – SOLAR ENERGY SYSTEMS and § 808 – SOLAR ENERGY FACILITIES 1. PRINCIPAL USES PERMITTED BY RIGHT a. One dwelling unit or one building with up to two dwelling units. b. Public utility structures. DRAFT Zoning Ordinance UPDATE 12-1-21 26 c. Customary Agricultural Uses and structures, including roadside stands not exceeding 400 square feet, provided, however, that no storage of manure or any permanent use of land or buildings producing offensive odor or dust shall be permitted within 25 feet of any side or rear property line. a. 2. [7-17] b. Large-Scale Solar Energy System, subject to the provisions of Article VII: Special Regulations, § 714 – SOLAR ENERGY SYSTEMS [7-17] Section 601 - MEDIUM DENSITY RESIDENTIAL ZONE. The purpose of the Medium Density Residential Zone is to maintain the residential character of certain areas of the Town, to provide a buffer or transition from the low density residential and agricultural areas to the high density residential areas and areas where commercial activities may be subsequently permitted. 1. PERMITTED PRINCIPAL USES. The permitted principal uses are the same permitted principal uses as are permitted in a low density residential zone. 2. PERMITTED ACCESSORY USES PERMITTED BY RIGHT. a. Private garage, workshop, or residential storage building(s) totaling less than or equal to 1200 square feet per lot. Garages attached to the principal building are not limited by this section. b. . The permitted accessory uses areHome occupations provided that there shall be no external evidence of such activity on the same usessite except a sign denominating such occupation not over ten square feet in area. Any such sign shall be nonflashing and, if illuminated, shall be shielded as much as are permitted in a low density residential zonepossible from adjacent residences. c. 3. USES PERMITTED BY SPECIAL PERMIT ONLY. Private swimming pool, tennis courts, and other similar recreational facilities for the principal private use of the occupants of a. The same uses as are permitted by dwelling on the lot. d. Building-Mounted Solar Energy System e. Small-Scale Solar Energy System, subject to the provisions of Article VII: Special PermitRegulations, § 714 – SOLAR ENERGY SYSTEMS f. Customary farm buildings such as barns, silos, livestock enclosures, storage DRAFT Zoning Ordinance UPDATE 12-1-21 27 buildings and similar structures. g. Roadside stands not in excess of four hundred square feet of interior area and selling only products produced on the same lot or produced on land within a ten-mile radius of the location of the stand. 3. USES PERMITTED BY SITE PLAN REVIEW ONLY. a. Churches and similar religious institutions. b. Hospitals. c. Public schools, parks and playgrounds. d. Public library. e. Nursery schools, group family day care homes, and day care centers. f. Municipal buildings and structures. g. Cemeteries. h. Private playground, athletic field and group swimming pools. i. Tourist homes. j. Customary home occupations and professional residential offices where external visible evidence of same exists on the site. k. Private Airplane Landing Field. l. Replacement of a preexisting singlewide mobile home which is the second dwelling on a lot, with a newer manufactured home. m. Installation of a second dwelling unit on a lot in a separate building for temporary or permanent occupancy. n. Cottage industry See: Section 903 4. lowNUMBER OF LOTS ALLOWED a. On any parcel as it existed on the effective date of this amendment to this Local Law (June 20, 2005), there shall be permitted no more than one (1) lot created for every five (5) acres of land or per 200 feet of road frontage whichever results in the greater number of lots. DRAFT Zoning Ordinance UPDATE 12-1-21 28 b. For purposes of calculating the number of lots allowed, in no case shall the number of lots allowed exceed the average density residential zonethat could be obtained using the required lot area provided in Article VI, Section 603 of the Zoning Local Law of the Town of Danby. c. The limitations of this section shall apply to parcels of land existing on the effective date of this amendment to the Zoning Ordinance (June 20, 2005). Any subsequent owner or owners of any such parcel of land (I.E., THE PARENT PARCEL) shall be bound by the actions of previous owners in that such subsequent owner or owners may only create the number of lots that may remain of the original number allowed under this section. d. Further subdivision of any parcel created after the effective date of this amendment to the ordinance (June 20, 2005) shall be prohibited unless all or part of the remaining subdivision rights of the original (PARENT) parcel are specifically transferred to the newly created lot. Written notice of any such transfer shall be submitted as part of the Final Subdivision Plat, and shall be recorded on the plat. 5. 4. REQUIRED LOT AREA. [1-05] Except when approved as a Clustered Subdivision, lot area shall be not less than one and one-halftwo acres with frontage of not less than onetwo hundred fifty feet, and a lot depth of not less than twothree hundred feet .[1-05] 56. YARDS. a. Minimum front yard depth - fifty feet. b. Minimum side yard width - thirty-five feet. c. Minimum rear yard depth - fifty feet. 6. SIGNS. Signs are limited to the same as those permitted in a Low Density Residential Zone. 7. HEIGHT. Height limitations are the same as in the Low Density Residential Zone. 8. BUILDING AREA. Building area limitations are the same as in the Low Density Residential Zone. Section 602 - HIGH DENSITY RESIDENTIAL ZONE. The purpose of the High Density Residential Zone is to provide for an area where more intense development is encouraged to occur in the general vicinity of through traffic areas and areas that are already intensively developed. DRAFT Zoning Ordinance UPDATE 12-1-21 29 1. PERMITTED PRINCIPAL USES. The permitted principal uses are the same uses as are permitted principal uses in a medium density residential zone. 2. PERMITTED ACCESSORY USES. The permitted accessory uses are the same uses as are permitted in a medium density residential zone. 3. USES PERMITTED BY SPECIAL PERMIT ONLY. a. Those uses permitted by Special Permit in a medium density residential zone. b. Multiple-family dwellings. c. Hotels, motels, and boarding homes. 4. REQUIRED LOT AREA. [1-05] Except when approved as a Clustered Subdivision, lot areaas hereinafter provided, minimum yard size shall be no less than one acre with frontage of not less than one hundred fifty feet and a lot depth of not less than two hundred feet; and if the area is served by public water, the lot area shall be not less than one half acre with frontage on a public street of not less than seventy-five feet and a lot depth of not less than one hundred fifty feet.[1-05]: a. Minimum front yard depth - fifty feet. 5. YARDS. a. Minimum front yard depth - fifty feet. b. Minimum side yard width - twentyfifty feet. c. Minimum rear yard depth - fiftyseventy-five feet . d. Minimum setback between existing homes and primary buildings in new cluster subdivisions. – 200 feet 7. SIGNS. In addition to the previously mentioned signs, the following signs shall be permitted: a. Signs required by law. b. Official signs of any governmental agency. c. Identification signs for churches, parks and playgrounds and similar uses not exceeding in the aggregate fifteen square feet in area. Any such signs DRAFT Zoning Ordinance UPDATE 12-1-21 30 shall be located within the property lines of the premises it identifies and may be illuminated but not flashing. Any signs with lights directed to the sign shall have the lights shielded as much as practicable to direct the lights only at the signs. d. Temporary signs which shall not be more than fifteen square feet in area and which are displayed for 30 days or less. 8. Notwithstanding the foregoing, if a multiple-family dwelling is permitted, the minimum yards shall be increased so that no structure on lots containing one or more multiple-family dwellings shall be located closer than eighty feet from any exterior property line, fifty feet from any public road right of way, or within thirty feet of any other structure on the lot. 6. SIGNS. a. Same as those permitted in a medium density residential zone. HEIGHT. See Section 511. 9. IMPERVIOUS b. Motels, hotels, and boarding homes - an identification sign may be located on or attached to the principal facade of the building or located in the required yard space. If attached to the facade, such sign shall not exceed twenty-five percent of the facade area or fifty square feet, whichever is more restrictive. If free-standing, such sign shall not exceed fifty square feet in the aggregate. If illuminated, such sign shall be non-flashing. 7. HEIGHT. Height limitations are the same as in the Low Density Residential Zone. 8. BUILDING AREA. Building area limitationsThe maximum Impervious Area shall not exceed twenty-five percent of the Lot Area, or one acre, whichever is smaller. 10. USES PERMITTED BY SITE PLAN REVIEW ONLY: a. Solar Energy Facility, subject to the provisions of Article VII: Special Regulations, § 714 – SOLAR ENERGY SYSTEMS and § 808 – SOLAR ENERGY FACILITIES b. Large-Scale Solar Energy System, subject to the provisions of Article VII: Special Regulations, § 714 – SOLAR ENERGY SYSTEMS Section 604 HAMLET NEIGHBORHOOD ZONE – The Hamlet Neighborhood Zone is intended to allow the development of a predominantly residential neighborhood adjacent to the Hamlet Core. The Hamlet Neighborhood Zone encourages a mix of DRAFT Zoning Ordinance UPDATE 12-1-21 31 housing types and lot sizes with the goal of building out a neighborhood where people of all ages can safely walk and where there are the same as housing options for all incomes and household types.   1. Lot Size – There will be no minimum lot size in the Low DensityHamlet Neighborhood Zone except that all subdivisions and building permit applications must have a plan approved by the Tompkins County Health Department for the provision of water and waste-water. Lots are encouraged to be as small as possible to efficiently use limited land in the Hamlet. 2. PRINCIPAL USES PERMITTED BY RIGHT In the HN—Hamlet Neighborhood, no building or structure shall be erected, altered or extended, and no land or building thereon shall be used for any purpose or purposes other than the following: a. Residential use with 1-4 dwelling units and customary accessory structures. b. Agriculture 3. ACCESSORY USES PERMITTED BY RIGHT. Such necessary uses as are customarily incidental to permitted principal uses: a. Accessory structure related to business use (dumpster enclosure, storage for business use up to 400sqft, covered bicycle parking, covered seating area, etc.). b. Bed-and-breakfast establishments. c. Family child care. d. Family adult care. e. Home occupations. f. Professional offices, where such office is part of the residence property and no more than five persons not residing on the premises are employed. g. Vehicle parking. Parking is not permitted between the facade of a principal building and the street; all parking must be located to the side or preferably behind principal buildings. For parcels with multiple principal buildings parking lots should be on the interior of the lot and should be buffered from the street by street facing buildings. h. Agriculture 4. PRINCIPAL USES PERMITTED ONLY BY SITE PLAN APPROVAL. The following uses are allowed upon approval of a site plan by the Planning Board subject to adopted design guidelines. a. Community centers. b. Child-care centers, group child care. c. Fire stations and other public buildings necessary for the protection or servicing of a neighborhood. d. Libraries, museums. DRAFT Zoning Ordinance UPDATE 12-1-21 32 a.e. Multiple-dwelling unit Residential Zone.5+ units f. Public and private schools, nursery schools and institutions of higher education. g. Public and privately owned but publicly accessible community parks and preserves. h. Residential care/assisted living/rehabilitation facilities. 5. PRINCIPAL USES PERMITTED ONLY BY SITE PLAN APPROVAL AND ONLY ALLOWED ON CORNER LOTS. a. Churches, mosques, synagogues, temples and other places of worship, convents, rectories, parish houses. b. Restaurants, bars and other places for serving food and beverages, and provided that there is no drive-through window. c. Repair Shop, Personal services, Cottage industry See: Section 903 provided the establishment does not exceed 3,000 gross square feet in floor area, with the exception of basement storage areas d. Retail use, provided the establishment does not exceed 3,000 gross square feet in floor area, with the exception of basement storage areas, and provided that there is no drive-through window. 6. Setbacks – Front Yard – Minimum 10ft and 20ft Maximum measured from top of roadside ditch or the road edge in cases where there is not a ditch. The Planning Board may grant a waiver from the 20ft maximum during site plan review to enable amenities that improve the hamlet (including courtyards, gardens, greens, plazas, but not including parking lots or un-programed lawn). The Planning Board should consider the impact on the form of the Hamlet and the need for a stronger street wall in creating a public realm in the review of deeper front yard setbacks. Side Yard – 10ft minimum. Rear Yard – 60ft minimum 7. Multiple Primary Uses and Buildings Lots in the Hamlet Neighborhood Zone are allowed to have multiple buildings with a mix of allowed principal uses. 8. Form requirements. a. All principal buildings must include a principal entrance facing the street or, if on a side wall, located near the front of the building and making use of architectural elements, walks, and landscaping that indicate a prominent pedestrian access and providing a human scale face to the building from the street. Alternatively, the planning board may grant a waiver during Site Plan Review for entrances facing a publicly accessible green- space, plaza, or pedestrian pathway (conventional parking lots will not be considered as an alternative). Generally, lots with multiple principal buildings should have buildings along the street that provide street facing entries while other buildings may face interior lot features as described above. DRAFT Zoning Ordinance UPDATE 12-1-21 33 a. Primary entrances must be architecturally detailed incorporating a porch, stoop, or lightwell for single-dwelling unit homes and porch, stoop, lightwell, canopy, awning or marquis entries for all other principal buildings. b. New buildings and any new lots should be designed so that buildings fill a minimum of 40% of the lot width in the Hamlet Neighborhood. c. Buildings including commercial uses must include transparent windows with a view to the building interior covering least 50% of any street facing facade area between 3 feet and 8 feet above grade. d. New multi-unit residential and non-residential buildings on lots larger than 10,000 square feet must include at least one entry facing the street for every 60 feet of frontage. In the event that this is not possible due to lot size relative to building size, the site design should include the possibility of future infill consistent with this standard. e. New principal buildings must include either peaked roof of at least 8/12 pitch, architectural brackets at least every 4’ supporting a roof of less than 8/12 pitch, a Greek- Revival full entablature with dental molding, cornice and other period correct details, or an architectural cornice facing the street. f. New buildings may not have blank walls longer than 30 feet facing any street between 3 feet and 8 feet above grade. g. Corner lots are required to have a building as close to the corner as practical, with the principal entrance facing one or both streets. h. Height - See Section 511 9. Architecture requirements. All new buildings over 1500sqft in the Hamlet Neighborhood Zone (including residential buildings) must comply with the Building Design section of the Town of Danby Commercial Design Guidelines. There is no architectural design review for buildings less than 1500sqft, however the Town Planner is available for consultation on design that will be a long-term asset to the neighborhood. Architectural review with the Town Planner will accelerate Planning Board review and allow application placement at the beginning of Planning Board Agendas. 10. Landscaping requirements. a. All new buildings, or renovations of over 50% of the building value, must have an average of 1 front yard tree for every 30ft of road frontage. Trees installed to meet this requirement must be at least 3” DBH at time of installation and must be maintained in good health. Planting is exempt when existing above or below grade utilities prevent planting of front yard trees, or if the existing design of the street and buildings will not accommodate tree planting in the front yard. DRAFT Zoning Ordinance UPDATE 12-1-21 34 b. Any tree of 8” DBH or more that is removed must be replaced with 2 trees with a 2” or greater DBH, replacement trees can be installed on site or on publicly owned or accessible park land in a location approved by the Planning Board. c. If there are fewer than 8 required trees, they may all be the same species. If there are between 8 and 24 required trees, no more than 40 percent can be of one species. If there are more than 24 required trees, no more than 24 percent can be of one species. d. To the maximum extent possible, stormwater treatment should include Low Impact Development (LID) practices and should feature the movement of water on the site, and maximize retention and infiltration as a component of the site design rather than hiding stormwater in pipes. e. In new developments of 10 or more residential units, installation and maintenance of trees in the rear yard is required with the same minimum frequency as required for trees in the front yard. 11. Signs. In the Hamlet Neighborhood Zone the following signs are permitted: a. Any sign required by law; b. Official signs required by a governmental agency or utility, provided such sign does not exceed 24 square feet in area; c. A maximum of one under-awning sign of 4 (four) square feet is permitted per establishment with a ground-floor main entrance. An under-awning sign must be securely fixed to the underside of the awning with metal attachments, may not project beyond the awning, and may not be illuminated. d. A maximum of one porch sign is permitted per establishment per right-of-way frontage, and is limited to 8 (eight) square feet in sign area. e. A maximum of one wall sign is permitted per establishment per right-of-way frontage, and is limited to 80% of the facade width and projection from wall is limited to 2 (two) feet. f. No wall sign may extend above the window sills of the second story, unless the establishment extends to the second story or above. No portion of a wall sign may extend above the roofline or parapet wall, or, in the case of a wall sign attached to an appurtenance, the highest point of the appurtenance. g. Window signs that cover less than 10% of the window area. h. Temporary signs which shall not be more than fifteen square feet in area and which are displayed for 30 days or less. Section 605 HAMLET CENTER ZONE – The Hamlet Center Zone is intended to allow the incremental infill and extension of the Hamlet Core as a walkable, mixed- use, neighborhood center where local business is supported and new development creates a sense of community. 1. Lot Size – There will be no minimum lot size in the Hamlet Center Zone except that all subdivisions must have a plan approved by the Tompkins County Health Department for the provision of water and waste-water. DRAFT Zoning Ordinance UPDATE 12-1-21 35 2. Permitted uses. In the HC—Hamlet Center, no building or structure shall be erected, altered or extended, and no land or building thereof shall be used for any purpose or purposes other than the following: a. Residential use with 1-4 dwelling units and customary accessory structures. b. Retail use, provided the establishment does not exceed 2,000 gross square feet in floor area, with the exception of basement storage areas, and provided that there is no drive-through window and design guidelines are followed. 3. Permitted accessory uses. Such necessary uses as are customarily incidental to the above uses: a. Accessory building for business. b. Bed-and-breakfast establishments. c. Family child care. d. Family adult care. e. Home occupations. f. Off-street loading areas. g. Professional offices, where such office is part of a residence and no more than five persons not residing on the premises are employed. h. Vehicle parking. Parking is not permitted between the facade of a principal building and the street except in the case of on-street parallel, or on-street angled parking; all parking lots must be located to the side or preferably behind principal buildings. 4. Uses permitted by site plan approval. The following uses are allowed upon approval of a site plan by the Planning Board subject to adopted design guidelines. a. Adult care centers. b. Adult group care. c. Banks and other financial institutions, provided that there is no drive-through window. DRAFT Zoning Ordinance UPDATE 12-1-21 36 d. Child-care centers, group child care. e. Churches, mosques, synagogues, temples and other places of worship, convents, rectories, parish houses. f. Clinics. g. Community centers. h. Fire stations and other public buildings necessary for the protection or servicing of a neighborhood. i. Clubhouse, hall, post, temple and other facilities associated with the activities of social organizations, except that the on-premises sale of alcoholic beverages is prohibited. j. Funeral homes. k. Gasoline and other retail vehicle fuel sales, subject to design guidelines and subject to the requirement that no gasoline or other retail vehicle fuel sales business locate within 1 mile of any existing gasoline or other retail vehicle fuel sales business. l. Inn. m. Libraries, museums. n. Life-care facilities. o. Multiple-unit Residential 5+ units p. Outdoor dining facilities, excluding any permanent structures within any required setback areas. q. Places of amusement, such as theatres, including bowling alleys, game arcades, and skating rinks. r. Professional offices. s. Public and private schools, nursery schools and institutions of higher education. t. Public and private community parks and preserves. u. Residential care/assisted living/rehabilitation facilities. DRAFT Zoning Ordinance UPDATE 12-1-21 37 v. Restaurants, bars and other places for serving food and beverages, and provided that there is no drive-through window. w. Repair Shop, Personal services, Cottage industry See: Section 903 provided the establishment does not exceed 6,000 gross square feet in floor area, with the exception of basement storage areas x. Retail use, provided the establishment does not exceed 6,000 gross square feet in floor area, with the exception of basement storage areas, and provided that there is no drive-through window. 4. Setbacks – a. Front Yard – Minimum 10ft and 20ft Maximum measured from top of roadside ditch farthest from the road or the edge of pavement in cases where there is not a ditch. Front yards may be deeper to accommodate amenities that improve the hamlet (including courtyards, gardens, greens, plazas, but not including parking lots or un-programed lawn) with the approval of the Planning Board. The Planning Board should consider the impact on the form of the Hamlet and the need for a stronger street wall in creating a public realm in their review of deeper front yard setbacks. b. Side Yard – 10ft minimum. c. Rear Yard – 30ft minimum 5. Multiple Principal Uses and Buildings Lots in the Hamlet Center Zone are allowed to have multiple buildings with a mix of allowed principal uses. 6. Form requirements. The following form requirements apply to all new buildings in this zone, existing buildings should not be modified in ways that increase non-conformity with these requirements. a. All principal buildings must include a principal entrance facing the street or, if on a side wall, located near the front of the building and making use of architectural elements, walks, and landscaping that indicate a prominent pedestrian access and providing a human scale face to the building from the street. Alternatively, the planning board may grant a waiver during Site Plan Review for entrances facing a publicly accessible green-space, plaza, or pedestrian pathway (conventional parking lots will not be considered as an alternative). Generally, lots with multiple principal buildings should have buildings along the street that provide street facing entries while other buildings may face interior lot features as described above. b. Primary entrances must be architecturally detailed incorporating a porch, stoop, or lightwell for single-dwelling unit homes and porch, stoop, lightwell, canopy, awning or marquis entries for all other principal buildings. DRAFT Zoning Ordinance UPDATE 12-1-21 38 c. New buildings and any new lots should be designed so that buildings can fill a minimum of 60% of the lot width when fully built out in the Hamlet Center. d. New buildings including commercial uses must include transparent windows with a view to the building interior covering least 50% of any street facing facade area between 3 feet and 8 feet above grade. e. New multi-unit residential and non-residential buildings on lots larger than 10,000 square feet must include at least one entry facing the street for every 60 feet of frontage. In the event that this is not possible due to lot size relative to building size, the site design should include the possibility of future infill consistent with this standard. f. New buildings must include either peaked roofs, architectural brackets supporting a flat roof or an architectural cornice facing the street. g. New buildings may not have blank walls longer than 30 feet facing any street between 3 feet and 8 feet above grade. h. New buildings on corner lots must be sited as close to the corner as practical. i. Height - See Section 511 7. Landscaping requirements. a. All new buildings or renovations of over 50% of the building value must have an average of 1 front yard tree for every 30ft of road frontage. Trees installed to meet this requirement must be at least 3” DBH at time of installation and must be maintained in good health. Planting is exempt when existing above or below grade utilities prevent planting of street trees, or if the existing design of the street will not accommodate street tree planting b. Any tree of 8” DBH or more that is removed must be replaced with 2 trees with a 2” or greater DBH, replacement trees can be installed on site or on publicly owned or accessible park land in a location approved by the Planning Board. c. If there are fewer than 8 required trees, they may all be the same species. If there are between 8 and 24 required trees, no more than 40 percent can be of one species. If there are more than 24 required trees, no more than 24 percent can be of one species. d. To the maximum extent possible, stormwater treatment should include Low Impact Development (LID) practices and should feature the movement of water on the site, and maximize retention and infiltration as a component of the site design rather than hiding stormwater in pipes. DRAFT Zoning Ordinance UPDATE 12-1-21 39 8. Signs in the Hamlet Center Zone. In the HC—Hamlet Center Zone the following signs are permitted: a. Any sign required by law; b. Official signs required by a governmental agency or utility, provided such sign does not exceed 24 square feet in area; c. A maximum of one under-awning sign of 4 (four) square feet is permitted per establishment with a ground-floor main entrance. An under-awning sign must be securely fixed to the underside of the awning with metal attachments, may not project beyond the awning, and may not be illuminated. d. A maximum of one porch sign is permitted per establishment per right-of-way frontage, and is limited to 8 (eight) square feet in sign area. e. A maximum of one wall sign is permitted per establishment per right-of-way frontage, and is limited to 80% of the facade width and projection from wall is limited to 2 (two) feet. f. No wall sign may extend above the window sills of the second story, unless the establishment extends to the second story or above. No portion of a wall sign may extend above the roofline or parapet wall, or, in the case of a wall sign attached to an appurtenance, the highest point of the appurtenance. g. Window signs that cover less than 10% of the window area. h. Temporary signs which shall not be more than fifteen square feet in area and which are displayed for 30 days or less. Section 606 – Section 603 - COMMERCIAL TARGET AREAZONES. The purpose of establishing the commercial target areazones and the following regulations is to establish certain areas where retail business and other commercial uses of land will be encouraged and to establish standards by which development in these areas shall occur. Pending establishment of any commercial zone "A", "B", or "C", within the commercial target area, the land within said target area shall be governed by the existing residential district regulations. The Town Board may establish a commercial zone "A", "B", or "C" anywhere in the commercial target area. The uses permitted in each of said commercial zones shall be as set forth below. 1. LOCATION OF COMMERCIAL TARGET AREA. The areas shown on the Town of Danby Zoning Map designated High Density Residential Zones are the Commercial Target Area. 2. COMMERCIAL ZONE "A". a. PURPOSE. The purpose of establishing a Commercial Zone "A" is to provide an area, usually adjacent to a residential zone, where commercial activities involving a low impact in respect to traffic, noise, intensity of use, and low overall impact on the neighborhood will be permitted. DRAFT Zoning Ordinance UPDATE 12-1-21 40 b. PERMITTED PRINCIPAL USES IN A COMMERCIAL ZONE "A". All permitted principal uses that are explicitly permitted in HighLow Density Residential Zones without requiring a Special PermitSITE PLAN REVIEW are explicitly permitted in a Commercial Zone "A". c. PERMITTED USES IN A COMMERCIAL ZONE "A" UPON APPROVAL OF THE SITE PLAN. The following uses are permitted upon approval of the site plan by the Planning Board: i) Retail food store not larger than 10,000 square feet of building area. (Retail food store does not include restaurants.) ii) Business offices or professional offices. iii) Bank or other financial institution. iv) Book store not larger than 5,000 square feet. v) Drug store not larger than 5,000 square feet. vi) Hardware store not larger than 5,000 square feet. vii) Smoke shop not larger than 5,000 square feet. viiivii) Retail service store such as a barber shop, beauty parlor, florist shop, tailor shop, and any other similar retail store, all of which shall be not larger than 5,000 square feet of building area. ixviii) Horticultural nurseries. ix) Large-Scale Solar Energy System, subject to the provisions of Article VII: Special Regulations, § 714 – SOLAR ENERGY SYSTEMS x) Large-Scale Solar Energy System, subject to the provisions of Article VII: Special Regulations, § 714 – SOLAR ENERGY SYSTEMS [7-17] d. USES PERMITTED IN A COMMERCIAL ZONE "A" BY SPECIAL PERMIT ONLY. The following uses are permitted upon approval of the site plan and issuance of a Special Permit by the Planning Board: i) Gasoline service station. iixi) Public schools. DRAFT Zoning Ordinance UPDATE 12-1-21 41 iiixii) Child nursery or day care centers, and private schools including commercially oriented schools such as dancing, art, and business schools. ivxiii) Churches and similar religious institutions. vxiv) Community centers. vixv) Tourist homes containing no more than ten beds. viixvi) Package liquor store not larger than 5,000 square feet. viiixvii) Cottage industry See: Section 903 ixxviii) Cottage industry See: Section 903 with accessory wholesale or retail sales of products produced at the cottage industry and similar products produced off-site, with or without outside display on the premises of any such products, in accordance with the provisions contained elsewhere in this Zoning OrdinanceLocal Law. xix) Residential use with more than 2 dwelling units on a lot. 3. COMMERCIAL ZONE "B". a. PURPOSE. The purpose of establishing a Commercial Zone "B" is to provide an area where commercial activities involving a moderate impact, including moderate traffic, noise, and similar impacts, to a neighborhood will be permitted. b. PERMITTED PRINCIPAL USES IN A COMMERCIAL ZONE "B". All permitted principal uses that are explicitly permitted in a Commercial Zone "A" without requiring a Special Permit or site plan approval are permitted in a Commercial Zone "B". c. PERMITTED USES IN A COMMERCIAL ZONE "B" UPON APPROVAL OF THE SITE PLAN. The following uses are permitted upon approval of the site plan by the Planning Board: i) Any of the uses permitted upon approval of the site plan in Commercial Zone "A". ii) Retail food stores with more than 10,000 square feet of building area. iii) Bookstores, drugstores, hardware stores, and smokeshops of more than 5,000 square feet of building area. DRAFT Zoning Ordinance UPDATE 12-1-21 42 iv) Retail service stores such as barber shops, beauty parlors, florists, tailors, and any other similar retail stores of more than 5,000 square feet. v) Laundromats and dry-cleaning facilities. vi) Funeral homes and mortuaries. d. USES PERMITTED IN A COMMERCIAL ZONE "B" BY SPECIAL PERMIT ONLY. The following uses are permitted upon approval of the site plan and issuance of a Special Permit by the Planning Board. i) Any uses permitted by Special Permit in a Commercial Zone "A". iivii) Motor vehicle sales facilities. iiiviii) Restaurants, including fast food restaurants. ivix) Indoor recreational facilities such as skating rinks, bowling alleys, etc. vx) Clubs and fraternal organization facilities. vixi) Utility facilities including substations, transmission facilities, etc. but not including transmission facilities involving antennae or other items whose height exceed the maximum permissible height set forth elsewhere in this ordinanceLocal Law. viixii) Tourist homes with more than ten beds. viiixiii) Package liquor stores larger than 5,000 square feet. ixxiv) Taverns 4. COMMERCIAL ZONE "C". a. PURPOSE. The purpose of establishing a Commercial Zone "C" is to provide an area where commercial activities involving an impact greater than normally found in uses permitted in Commercial Zones "A" and "B", including greater impacts in respect to traffic, noise, and overall impact, will be permitted. b. PERMITTED PRINCIPAL USES IN A COMMERCIAL ZONE "C". All permitted principal uses that are explicitly permitted in a Commercial Zone "B" without requiring a Special Permit or SITE PLAN APPROVAL are DRAFT Zoning Ordinance UPDATE 12-1-21 43 permitted in a Commercial Zone "C". c. PERMITTED USES IN A COMMERCIAL ZONE "C" UPON APPROVAL OF THE SITE PLAN. The following uses are permitted upon approval of the site plan by the Planning Board: i) Any use expressly permitted in Commercial Zones "A" or "B"." upon approval of the site plan. d. USES PERMITTED IN A COMMERCIAL ZONE "C" BY SPECIAL PERMIT ONLY. The following uses are permitted upon approval of the site plan and issuance of a Special Permit by the Planning Board. i) Any use authorized upon such approval and issuance of such a permit in commercial zones "A" or "B". ii) Car wash. iii) Hotel, motel, and boarding houses. iv) Facilities for the sale of any new products, produce, goods, and equipment. v) Automotive and other motorized vehicle repair facilities. vi) Theaters. vii) Mobile home and recreational vehicle sales. viii) Rental facilities for car, trailer, truck and other rental operations. ix) Warehouses. x) Wholesale businesses including wholesale sales of auto and farm machinery but excluding junkyards. xi) Yards for the sale and storage of lumber, wood, and feed. xii) Adult entertainment business, subject to the additional requirements set forth in Section 710. 5. OTHER PROVISIONS, ALL COMMERCIAL ZONES. a. PERMITTED ACCESSORY USES. i) Those permitted in any residential zone. DRAFT Zoning Ordinance UPDATE 12-1-21 44 ii) Automobile parking and off-street loading areas, subject to further requirements of this ordinanceLocal Law. iii) Accessory storage buildings, but not to include outside storage. b. REQUIRED LOT AREA. i) Residential uses - lot area shall not be less than one acre for a one- or two family dwelling- unit residential building plus five thousand square feet for each additional dwelling unit on the same lot, with frontage of not less than one hundred fifty feet and a lot depth of not less than two hundred feet unless served by public water in which event lot area shall be not less than one half acre with frontage on a public street of not less than one hundred feet and a lot depth of not less than one hundred fifty feet. ii) All other uses - lot area shall not be less than one acre with frontage not less than one hundred fifty feet. c. YARDS. i) Minimum front yard depth - 25 feet for buildings. No minimum front yard depth is required for constructed parking spaces, subject to the provisions of subparagraph (g) below. ii) Minimum side yard width - 25 feet for buildings and constructed parking spaces. iii) Minimum rear yard depth - 25 feet for buildings and constructed parking spaces. The foregoing yard requirements may include any required buffer areas and shall not be in addition to any required buffer areas. d. SIGNS. i) Same as those permitted in anythe low density residential zone. ii) Advertising sign boards advertising only the services or products available on the premises may be attached to the principal facade of the building or located in any yard space provided that no part of the sign is less than 5 feet from any front yard line and 15 feet from any other lot line. All such advertising signs shall be no larger than 50 square feet, if free standing, or no larger than 50 square feet or 25% of the facade area, if located on the facade. Such sign shall be non- DRAFT Zoning Ordinance UPDATE 12-1-21 45 flashing. No more than one free-standing sign shall be permitted per lot. e. HEIGHT. No building shall exceed 36 feet in height from the lowest exterior grade or 40 feet in height from the lowest interior grade. No structure shall exceed 36 feet in height. This height limitation shall not apply to silos, barns, or other structures used in connection with generally recognized agricultural operations. No such agricultural structures, however, shall exceed 100 feet in height, or be located less than 100 feet from any side or rear property line. f. BUILDING AREA. The maximum building area shall not exceed 30% of the lot area. g. BUFFER AREAS, SCREENING, AND ADDITIONAL SETBACK REQUIREMENTS. i) No building shall be placed nearer than 25 feet from any non- commercial zone. This buffer strip shall not be in addition to the required front, side and rear yards. A strip at least 10 feet wide within such buffer area shall be suitably planted to screen a commercial zone from present or future residences, or a suitable screening fence shall be erected. ii) In addition to the screening requirement set forth above, additional setback, landscaping, fencing, screening, or earth berm may be required to be provided in any area where a proposed structure or use would create a hazardous condition or would detract from the value of neighboring property if such landscaping, fencing, screening, or berm were not provided. h. WASTE DISPOSAL - No waste or refuse shall be placed outside any building in a commercial zone except that an area common to all businesses, or a separate area for each business shall be reserved at the rear of the structure or structures. These areas shall contain bins, or other receptacles adequate to prevent the scattering of waste and refuse, and shall be planted or fenced so as to be screened from the public view. Such area and receptacles shall not be located in any buffer area or required yards. No refuse shall be burned on the premises. Section 604607 - PLANNED DEVELOPMENT ZONES. [3-11] The purpose of the Planned Development Zone and the following regulations is to accommodate certain developments of land and buildings that are to be planned and executed as a unit, such as, but not limited to, large subdivisions, business parks (which may include Light Industrial uses, mobile home parks, and similar types of land uses, and to establish standards by DRAFT Zoning Ordinance UPDATE 12-1-21 46 which development in such zones shall occur.[3-11]. 1. LAND AREA. Planned Development Zones shall comprise at least five (5) acres. When and if a Planned Development Zone is established any Planned Development in said zone shall comprise at least 5 acres. 2. OTHER REQUIREMENTS. The requirements of the Commercial Zones shall also be applicable to any development in a Planned Development Zone unless specifically waived or altered by the Town Board during the course of the establishment of said zone according to the procedures set forth in this OrdinanceLocal Law. 3. APPLICATION FOR PLANNED DEVELOPMENT ZONE. An application for the establishment of a Planned Development Zone shall be submitted to the Town and processed in the manner set forth below. 4. EXISTING ZONES CONTINUED. Any Planned Development Zone, (formerly known as Planned Development Districts) legally created before the adoption of this revised ordinanceLocal Law shall continue as heretofore approved, subject to the Town's ability to rezone any such area in the future in the same manner as the Town may rezone any other area, zone, or district in the Town. Section 605608 - MOBILE HOME PARK ZONE. 1. LOCATION AND CRITERIA. With the approval of the Town Board, a Mobile Home Park Zone may be established in any area of the Town. In considering any application for any such use, the Town Board shall refer to the requirements of the Tompkins County Health Department or such agency as shall at that time be charged with the duty of approving sewage disposal in the area contemplated for such use, and consideration shall be given to the environmental characteristics of the area, such as adequate and safe highways, access roads, properly designed site locations for trailers, water availability, and the character of the location in relation to the adjacent properties and the zoning thereof. No application shall be properly received unless accompanied by a proper proposed site plan which, in addition to the matters required of a site plan elsewhere in this OrdinanceLocal Law, shall include the site locations, proposed roads, sewage disposal, landscaping, and other matters as may be required by the Town Board. The developer shall also submit suitable plans and proposed regulations for sewer connection, water supply, toilets, bathing facilities, garbage removal, registration of occupants, inspection of camps and providing time limits on duration of stay of house trailers in such trailer camps, tourist camps or similar establishments. Any mobile home park shall comply with any mobile home ordinanceLocal Law that is now or may hereafter be enacted by the Town of Danby. 2. USE REGULATIONS. In a Mobile Home Park Zone no building shall be erected or extended and no land or building or part thereof shall be used for other than a DRAFT Zoning Ordinance UPDATE 12-1-21 47 mobile home park. In a mobile home park, there shall be no more than one dwelling unit maintained in each mobile home. In addition, each dwelling unit may be occupied by not more than a. one family, or b. one family plus no more than two boarders, roomers, lodgers, or other occupants. 3. ACCESSORY USES. The following accessory uses are permitted in Mobile Home Park Zone: a. Automobile parking and garages, subject to the further requirements of this Section. b. Structures and open land for recreation, intended for use by the residents of the mobile home park. c. Such areas and structures as may be necessary for homemaking activities, such as a common laundry or garden plots. The use of any such area or structure may be limited to residents of the mobile home park. d. Day care homes. e. Group day care facilities and group family day care homes by Special Permit. f. Day care centers by Special Permit. g. Building-Mounted Solar Collection System, subject to the provisions of Article VII: Special Regulations, § 714 – SOLAR ENERGY SYSTEMS [7- 17] h. Building-Mounted Solar Energy System [7-17] 4. MINIMUM AREA FOR A MOBILE HOME PARK ZONE. A minimum tract of ten acres is required for the development of a Mobile Home Park Zone. 5. REQUIRED LOT AREA. Each mobile home lot shall have a minimum gross area of 5,000 square feet. The arrangement of lots in the park shall facilitate the efficient development of land and permit the convenient access of emergency vehicles. 6. STAND LOCATION. The location of the mobile home stand on each lot shall be identified on the site plan that was the basis for the creation of the Mobile Home Park Zone. DRAFT Zoning Ordinance UPDATE 12-1-21 48 7. STANDS. The mobile home stand shall be provided with anchors and other fixtures capable of securing and stabilizing the mobile home. These anchors shall be placed at least at each corner of the mobile home stand. 8. SKIRTING. Each mobile home owner, within thirty (30) days after the arrival of the mobile home in the park, shall be required to enclose the bottom space between the edge of the mobile home and the mobile home stand with a skirt of metal, wood or other suitable material. This skirt shall be properly ventilated and securely attached to the mobile home. 9. PARKING. One garage or lot parking space shall be provided for each mobile home, plus one additional lot space for each 3 mobile homes. No parking lot shall be located farther than 100 feet from the dwelling unit it is intended to serve. Each parking space shall have a minimum of 180 square feet. 10. BUFFER YARDS. A buffer yard at least 30 feet wide shall be provided around the perimeter of the mobile home park. No structures are permitted in the buffer yard and the Planning Board may require that suitable landscaping be provided in order to effectively screen the mobile home park from adjacent properties. Parking spaces are not permitted in the buffer yards. 11. ACCESS DRIVES AND WALKWAYS. Access drives shall be paved with blacktop, concrete, or other solid material. Driveways and walkways shall provide safe access, ingress, and traffic circulation within the site. The placement, size, and arrangement of access to public ways shall be subject to the approval of the appropriate highway authority. Where the density of population or school bus routes make it necessary, sidewalks and bus shelters may be required. 12. OPEN SPACE AND RECREATION AREAS. The applicant shall provide recreation areas on the premises for children. The Planning Board shall review and approve all such areas. Ten percent of the gross lot area of the mobile home park, exclusive of the area reserved for buffer yards, shall be permanently maintained as open space. 13. STORAGE SPACE. The owner shall provide storage space in convenient locations for each mobile home lot. This storage space shall be contained in an enclosed and secure structure. Several storage structures may be located in a common building. The minimum dimensions of storage space per lot shall be eight feet high, eight feet deep, and four feet wide. 14. SCREENING OF WASTE AND REFUSE. One or more common areas shall be provided for the disposal of waste and refuse. These areas shall contain secure garbage bins of a suitable size. These areas shall be screened from public view by shrubbery or a fence. 16. SIGNS. A single sign for the mobile home park is permitted no larger than a sign DRAFT Zoning Ordinance UPDATE 12-1-21 49 permitted in the Commercial Zones. 17. BUILDING PERMITS. A building permit shall be required pursuant to this OrdinanceLocal Law for each mobile home and/or accessory structure to be sited or constructed. 18. SITE PLAN APPROVALS. No building permit shall be issued for a building within a Mobile Home Park Zone unless the proposed structure is in accordance with a site plan approved pursuant to the provisions of this OrdinanceLocal Law and approved by the Tompkins County Health Department. No subdivision of a mobile home park site plan is permitted without approval of the Town Board, following Planning Board review. No alteration, amendment or change in a trailer park site plan is permitted without approval of the Planning Board. Section 606 - AQUIFER HIGH VULNERABILITY OVERLAY ZONE. [8- 16]Section 609 Aquifer High Vulnerability Overlay Zone – The purpose and intent of establishing the Aquifer High Vulnerability (AHV) Overlay Zone is to preserve critical unconsolidated aquifer recharge areas as well as the wellhead protection areas for the West Danby Water District and other community water systems. 1. APPLICABILITY. a. The (AHV) Overlay Zone shall be considered as overlayingoverlying other zones as shown on the zoning map. b. Any uses not permitted in the underlying zone shall not be permitted in the (AHV) Overlay Zone. c. Any uses permitted in the underlying zone shall be permitted in the (AHV) Overlay Zone, except where the overlay zone prohibits the use or imposes greater or additional restrictions and requirements. d. In any cases where conflicts arise between these requirements and any other existing regulations, the more restrictive regulations shall apply. 2. OVERLAY ZONE BOUNDARIES. a. The (AHV) Overlay Zone boundaries are based upon: (1) the location of unconfined aquifers (including alluvial fan aquifers that also serve to recharge deeper confined aquifers) and unknown aquifer types in the report by the United States Geological Survey entitled “Hydrogeology and Water Quality of the Stratified-drift Aquifers in Upper Buttermilk Creek and Danby Creek Valleys, Town of Danby, Tompkins County, New York”; (2) the location of alluvial and kame deposits aquifers in the Cayuga Inlet and lower Michigan Creek DRAFT Zoning Ordinance UPDATE 12-1-21 50 valleys as mapped by the USGS in a report entitled “Unconsolidated Aquifers in Tompkins County, New York”; (3) the location of the stratified-drift aquifer boundary in the USGS report entitled “Hydrogeology of the stratified-drift aquifers in the Cayuta Creek and Catatonk Creek valleys in parts of Tompkins, Schuyler, Chemung, and Tioga Counties, New York”; (4) the delineation of the West Danby Water District wellhead protection area as detailed in a report entitled “Delineation of the West Danby Water District Wellhead Protection Area Using Volumetric Shape Methods” by New York Rural Water Association that is filed with the Town Clerk; and (5) 300-foot buffer distances around other community water system wells. 3. PROHIBITED USES AND ACTIVITIES IN AHV OVERLAY ZONE. The following uses and activities are specifically prohibited in the Aquifer High Vulnerability (AHV) Overlay Zone since by their nature they pose a higher threat to the quality or quantity of groundwater resources than other uses and activities: a. Airport and/or airport maintenance areas, including private airplane landing fields. b. Appliance or small engine repair shops c. Boat service, repair, and/or washing establishments d. Car washes. e. Cemeteries or crematoriums. f. Chemical and/or biological testing laboratories g. Horticultural nurseries. h. Excavation of overburden and/or minerals from the earth for sale or exchange, or for commercial, industrial, or municipal use (except for the sale of incidental overburden and/or minerals from excavation related to construction as part of an agricultural or residential use). i. Funeral homes and mortuaries. j. Furniture strippers and/or refinishers k. Gasoline service stations or service and repair garages. l. Generation and/or storage of hazardous wastes except for that associated with residential or agricultural uses.