HomeMy WebLinkAboutPB 2019-10-29 attPB 10-29-19
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TOWN OF DRYDEN
PLANNING BOARD
OCTOBER 29, 2019
Present: John Kiefer, Chair, David Weinstein, Craig Anderson, Martin Hatch, Thomas Hatfield,
Tony Salerno, Joe Wilson, James Skaley (alternate)
Absent: Dan Bussmann (alternate)
Staff: Ray Burger, Director of Planning
J Kiefer explained that the Town Board occasionally asks the Planning Board to comment on matters of
site plan or special use permit and the Planning Board provides that. For things that have happened in
the hamlet of Varna, the Planning Board refers to the Varna plan to understand what it says and look at
the zoning regulations, then look at what the developer is proposing and give advice to the town board.
It seems that every time that is done, folks comment that it isn’t quite what the Varna plan envisioned
when it was written. Trinitas has really brought that to a head and the Town Board asked the Planning
Board to do a SEQR review (though it doesn’t carry any authority because the Town Board will do the
site plan review and SEQR). In doing that SEQR review, one of the findings was that the Trinitas project
was not consistent with the Varna plan and the Planning Board thought that should draw a positive
declaration of environmental significance because of it.
A subset of the Planning Board volunteered to think about whether something should be changed about
how development happens in the hamlet of Varna to make it more consistent with what is in the Varna
plan and have put themselves to that task. There have been a couple of updates and discussions at the
Planning Board meeting on how they have been doing. It’s complicated and the board decided to have a
special meeting to focus on the work that the Varna committee has been working on. The Planning
Board does not have the authority to change zoning. It is something that the Town Board does in a well-
defined process. The Planning Board can make recommendations to the Town Board.
D Weinstein said the main purpose of this subcommittee was to find ways that would bring zoning in to
being compatible with the Varna plan and that includes putting references in the zoning to the Varna
plan. He has provided an agenda to work through the three articles in which there are proposed
changes and discussed them.
It was noted that there had been some question about meetings of the subcommittee. J Kiefer said
while we may not have been perfect in dotting all the I’s and crossing the T’s, he thinks they met the
spirit of it. We have tried to notice the meetings and publish agendas and minutes, and if folks wanted
to know what the committee was up to, the information has been available. D Weinstein said they took
great pains to try to describe all the discussions in the minutes. They wanted anyone who couldn’t
attend the meetings to be able to look at the minutes and understand what both sides of the issues are
and what the points that came to light are. He feels he did the public as much of a service as they could
if they weren’t able to be there. There were members of the public present during at least one of the
meetings.
D Weinstein led the board through review of the documents:
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Article III - Definitions
Definitions in Article III apply to the entire zoning law, not just the Varna portion.
Boundary Line Adjustment (BLA) - A reconfiguration of property lines between two or more
separate legal parcels. BLAs are not subdivisions and cannot create new parcels or building
sites.
C Anderson suggested using the lot line adjustment definition that is in the subdivision law. After
discussion the board agreed to use the term lot line adjustment and its definition in the subdivision law.
Dwelling-Condominium -- The term condominium refers to a system of ownership and administration of
property with three main features. A portion of the property is divided into individually owned units, the
balance of the property is owned in common by all the individual owners and a vehicle for managing the
property, known as the condominium corporation, is established.
There needs to be a distinction between townhouses that are for rental and townhouses that are meant
to be condominiums (owner-occupied).
C Anderson said condominium is in the density table of the Varna Plan; that is why we need a definition.
No objections to that definition.
Dwelling, Townhouse or townhome – A single-family home that shares one or more walls with other
dwelling units. Townhouses are distinguished from a Condominium Townhouse, which is a single-family
home that shares one or more walls with other independently-owned units.
The current definition was eliminated and the above is proposed.
• Townhouse is a type of construction; condominium is a type of use of a building.
• The townhouses that are being currently proposed are for rental, there is no possible ownership
component. The distinction between apartments and townhouse in the traditional sense is one that
has been confusing.
• The difference needs to be distinguished in the use table.
• Enforcement could be difficult. How do you differentiate between a townhouse vs a townhouse
building that is a condominium ownership structure?
• The goal is not to discourage a certain type of building. You are not discouraging townhouses, you
are discouraging townhouse rentals and rentals in this zone. It doesn’t matter what kind of building
it is.
• The restriction should be in the table, not in the definition.
After discussion, the second sentence in the proposed definition was removed.
The word dwelling should be added to the header in the density table.
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Green Space – Areas of vegetated and permeable surfaces of a development not occupied by Structures
or Paved areas for vehicles and including formal stormwater management facilities (no more than 20%
of total Lot Area) as well as green infrastructure stormwater facilities Open Space set aside include
swales and parks, dedicated Open Space, landscaped areas, plantings, lawns, parking lot islands, and
sidewalks or trails used to access these areas, including Accessory Structures (e.g. gazebos or similar
structures) accessible to the public and intended to enhance the Green Space.
60% of the area of a green roof if not accessible by or visible to the public from the old definition was
added back in. The committee felt it was important that these be green spaces, not simply open spaces.
Lot Consolidation - A Lot Consolidation is used to combined two existing parcels. Lot Consolidations erase
parcel lines so that only one parcel remains.
This was put in because this term gets used in the zoning and was not defined. Amended to read “two
or more existing parcels” and that “so that fewer parcels remain” in the second sentence.
Redevelopment was removed because it is no longer being referred to. It was only referred to in the
idea of granting bonuses, but it is so problematic in what a redevelopment really is.
Story – was discussed last week and the definition now reads:
STORY – Any story having its finished floor surface entirely above grade plane, or in which the finished
surface of the next floor above is:
1. More than 6 feet above grade plane; or
2. More than 12 feet above the finished ground level at any point.
Article IV
VHMUD – Varna Hamlet Mixed Use District
The purpose of the Varna Hamlet Mixed Use District (VHMUD) is to foster new and redevelopment of
existing properties while retaining the traditional character of buildings, as well as the hamlet character
found in Varna and described in the Varna Community Development Plan. The purpose includes
Traditional Neighborhood Design as defined in Article III of the Dryden Zoning Law, and commercial
development of vacant lots, including the combining of lots and rehabilitation of existing buildings.
The words as defined in Article III of the Dryden Zoning Law were added to the old definition.
VHRD – Varna Hamlet Residential District
The purpose of the Varna Hamlet Residential District (VHRD) is to foster development of new residential
neighborhoods, and accommodate existing neighborhoods with a mix of predominately single-family
unattached dwelling units, but including a variety of dwelling units.
This is a new definition and replaces the previous definition.
VHTD – Varna Hamlet Traditional District
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The purpose of the Varna Hamlet Traditional District (VHTD) is to foster a type of development that is
deeply attentive to the environmentally sensitive areas of the district. This area is along Fall Creek, an
important drainage area in the hamlet, and is intended to have lot sizes and a limited amount of
development that is sensitive to these resources. The purpose of this district is aimed at achieving a
traditional owner-occupied neighborhood with single-family and two-family dwelling units, including a
conservation buffer from the banks of Fall Creek.
This is a new definition and replaces the previous definition. The buffer is defined later.
Todd Bittner, Natural Areas Director at Cornell Botanic Gardens, said they have been involved in a few
of the developments that have comp through the Varna Comp Plan (902 Dryden Road and 802-812
Dryden Road) and he is generally very supportive of the process and conforming to the Varna Plan. He
suggested the natural area feature in this definition be broadened to include any of the natural areas of
concern, not just Fall Creek. The Parke Park Natural Area and Fall Creek South Natural Area along Forest
Home Drive are areas of concern. They are Tompkins County Unique Natural Area Inventory sites. They
are utilized by the public and educational institutions for conservation education, wellness, recreation
and so on. It would be beneficial for Varna and the town of Dryden to be thinking about the traditional
zone in the context of any of the significant natural areas. As written, it seems to highlight Fall Creek
and not consider these other areas. It would be appropriate to think about the rail trail and how these
developments interface with that recreational trail that is meant to be very natural.
The board might consider these protection efforts in the other districts.
We need to recognize the environmental considerations and can discuss more when talking about the
map.
SEQR would address environmental issues parcel by parcel but may not apply in every instance.
This is a definition of a zoning district, not a law.
The buffer zone would have made a difference in the 902 Dryden Road application.
After discussion the board changed reference to Fall Creek to environmentally sensitive areas.
Section 402 (h) – new
Lot consolidation shall only be allowed within established zones and the new parcel shall conform to the
criteria of that zone. Lot consolidation shall not cross zone boundaries so as to erase or modify the criteria
of either zone. Those interested in lot consolidation across boundary lines must apply to have the district
boundary altered to place the lots to be consolidated into the same zoning district.
After discussion it was decided to remove this new paragraph and discuss it another time because it
would apply to the entire town.
Article VII
The committee proposes to replace this section entirely with the document provided. There was some
discussion in the Varna Plan about form-based zoning, but we are not doing that, so references to form-
based zoning should be removed.
Section 700: Purpose
The purpose of Article VII of this zoning law is to provide the structure and rules for development in
accordance with the Varna Community Development Plan (VCDP) as adopted. This Article creates
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distinct zones and a Traditional Neighborhood Overlay within the hamlet of Varna, along with rules
relative to maintaining form in an effort to implement the goals set forth in the Varna Community
Development Plan.
This section was rewritten with the addition of a reference to Varna Plan.
Discussion:
• Whether the goals of the plan should be translated to the rule of zoning.
• Reference to the goals was vague and interpretative; a developer shouldn’t have to guess at that.
• Rules in following sections were written to support the Varna plan.
The words “along with rule relative to maintaining form” were removed.
Section 702: Applicability
This article applies only to the three zoning districts that are within the Hamlet of Varna: The
Varna Hamlet Mixed Use District (VHMUD), Varna Hamlet Residential District (VHRD), and the Varna
Hamlet Traditional District (VHTD). Development within these zones is based on the descriptions in the
Varna Community Development Plan as adopted as an amendment to the Town Comprehensive Plan.
This was another opportunity to reference the Varna Community Development Plan.
Section 703: Definitions
Refer to the purpose and goals listed for each district in the definitions (Article III) for the Varna Hamlet
Mixed Use District (VHMUD), Varna Hamlet Residential District (VHRD), and the Varna Hamlet
Traditional District (VHTD).
Reference should be changed to Article IV.
Section 709: Green Neighborhood Development
New structures shall conform to either the most recent Varna/Dryden Neighborhood Development
standard, after its adoption, or the latest LEED standards prior to this adoption, both with an emphasis
on maximizing energy conservation. Every use in the Varna Density Table in Section 706 except “Single-
family home” and “Duplex” is required to meet the above standard. The Varna/Dryden Neighborhood
Development standard will specify the required number points; prior to its adoption, developments are
required to achieve 40 points under the most current basic LEED Neighborhood Development
certification.
There is no bonus under this section. The developer is required to meet the 40 points if building a new
development.
Discussion:
• Where is the directive to do this? Is it written in the Varna Plan?
• This increases Dryden’s requirements for building efficiency.
• It isn’t in the comp plan.
• We want energy-sound development.
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• Is it possible to do this; it isn’t based on community input in the planning process.
• It was incentive zoning and optional previously.
• A stretch energy code is coming that can be adopted by municipalities, but it hasn’t happened, and
we don’t know what is in it.
• Climate change and building energy will be addressed in the data collection effort in the comp plan
update.
• Perhaps the incentive is important to retain.
• LEED is an important part of how Varna is becoming a walkable community.
• Keep the incentive in and lower the base density.
• The redevelopment bonuses are too arbitrary.
• The way LEED is applied now is not particularly about energy efficiencies.
• Could the town specify which sections of LEED to use for points?
It was decided to leave the current wording for the time being. It can be suggested to EDR for the comp
plan update process.
Section 710 – Planned Unit Development.
The current definition does not require a mix of commercial and residential. J Skaley would like the area
around Freese Road, Mt Pleasant and Route 366 defined as an anchor area that could include
commercial and residential. This may have been resolved in the hamlet definitions. The old definition
was left in place.
The redevelopment section is eliminated.
There were no changes to the use table.
There are some changes in the density table and in the Area & Bulk table.
Section 708 - Area and Bulk Table
The changes are two additional notes after the table:
A. Multi-family units in VHRD are limited to covering no more than 40% of the acreage remaining after
removing the open space land from consideration.
B. A conservation zone buffer shall be established of a 100 ft buffer from the normal highwater bank of
Fall Creek in which no landscape alteration or construction shall occur. The width of this buffer shall be
extended to include the designated FEMA designated 100-year flood plain. The importance of a buffer
to protect Fall Creek is described in the Dryden Natural Resource Plan, and the Dryden Open Space
Inventory, along with the importance of protecting the Designated Scenic Recreation River section of
Fall Creek which begins a short distance downstream.
Add “current” before FEMA.
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• Are there other areas to be protected in the hamlet of Varna?
• The rail trail was anticipated in the plan.
• We should look to the Varna plan for additional areas that we need to think about protecting.
• Trails were intended as inter-connections in different parts of the hamlet.
• A is an attempt to get a larger mix of single family, duplexes and multi-unit.
• It is difficult to determine whether a place is used for rental and then enforce.
Change to 100’ or the 100-year flood plan, whichever is greater.
Add C - Buffers should be considered for other environmentally sensitive areas.
T Hatfield noted there hasn’t been a lot of public on these proposals. I might be helpful before moving
forward. He said the board should move forward slowly and with some certainty. It would be nice to
have some developers comment on the questions raised. Perhaps a better product could be given to
the Town Board having already had some public outreach and input.
This will be on the agenda for the next Planning Board meeting (to be held in at the Varna Community
Association on November 20 at 6:00 p.m. D Weinstein will send out the changes soon – open for public
comment
Density Table
D Weinstein said by leaving the bonuses in there is the incentive of an additional unit. Some of these
will need to be reduced. He is in favor of making it 2 units and reducing the densities 2 units.
• It is easy to get the LEED incentive.
• A smaller developer may not be inclined to do it.
• Those units are valuable when considering cost per unit of infrastructure.
• There is an economic incentive for people to take advantage of it and helps us get two wins.
• Units to bedrooms conversion: Houses 2.65 bedrooms = 2.65 people; rental 2.52; manufactured
housing 1.5.
• 2 Duplexes in the traditional zone couldn’t be reduced; the others could.
• Multi-family rental detached units are X’d out in the table.
• Developments with more than 9 units must have 2000 sq ft of commercial space for each 10 units.
• That encourages development in the mixed use area and could be phased in over time.
• Change Townhouse to Townhouse (rental).
• Heading will be changed from Development type to Dwelling type.
• Single family homes and duplexes are exempt from LEED bonuses.
D Weinstein will make the changes discussed tonight and have a draft for presentation at the next
Planning Board meeting.
Todd Bittner commented on the map. He encouraged that areas proposed to be change to the
traditional zone that are proximate to the natural areas be retained. He supports that. He recommends
looking at the Tompkins County Unique Natural Area inventory sites that area approximate to the
district and look to change those parcels to the traditional zone. There are some that currently
proposed to be residential (specifically next to the Park Park natural area). If folks realize the potential
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for what could be built next that, it would change the character of the natural area, the experience that
people have on the publicly accessible areas, and not really be what was envisioned in the
comprehensive plan by having high density development in fairly sensitive areas.
There being no further business, the meeting was adjourned at 8:21 p.m.
Respectfully submitted,
Bambi L. Avery
ARTICLE III: DEFINITIONS
Except where specifically defined herein, all words used in this 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 "Building" includes the word "Structure," the
word "shall" is intended to be mandatory; "occupied" or "used" shall be considered as though
followed by the words "or intended, arranged or designed to be used or occupied."
Certain specific words and terms used in this Law and generally capitalized are to be interpreted as
defined below. The failure to capitalize a word or term in this Law shall not be construed that such
word or term should have a meaning different from that defined herein.
Abandon – To give up with the intent of never again claiming one's right or interests in; to give
over or surrender completely.
Adult Bookstore – An establishment having as a substantial or significant portion of its stock in
trade in books, magazines, and other periodicals which are distinguished or characterized by their
emphasis on matter depicting, describing or relating to Specified Sexual Activities and/or Specified
Anatomical Areas, or an establishment with a segment or section devoted to the sale or display of
such material.
Adult Entertainment Business – A public establishment, location, or Structure which features
topless dancers, nude dancers or strippers, male or female, or a location, or Structure used for
presenting, lending or selling motion picture films, video cassettes, digital media, cable television,
or any other such visual media, or used for presenting, lending, or selling books, magazines,
publications, photographs, or any other written materials distinguished or characterized by an
emphasis on matter depicting, describing or relating to Specified Sexual Activities and/or Specified
Anatomical Areas. An Adult Entertainment Business includes an Adult Bookstore.
Adult Use – The use of land, or a Structure for an “Adult Entertainment Business” or an “Adult
Bookstore.”
Agricultural Use – See Farm Operation.
Agriculture-Related Enterprise – A retail or wholesale enterprise providing services or products
utilized in agricultural production, such as Structures, agricultural equipment and agricultural
equipment parts, livestock, feed, seed, fertilizer and agricultural equipment repairs and wholesale
or retail sale of grain, fruit, produce, trees, shrubs, flowers or other products of local agricultural
operations.
Appeal – An application to the Zoning Board of Appeals (ZBA) for relief from and review of any
order, requirement, decision, interpretation, or determination made by the administrative official
charged with the enforcement of the Zoning Law.
Artist Studio/Craft Workshop – A place where artists, artisans, craftsmen and other skilled
tradespeople produce custom-made art or craft products, where they teach such skills, and/or where
they sell such art or products.
Automotive Repair Garage – Any Structure and/or Lot used for the repair and/or servicing of
motor vehicles, or for motor vehicle body work, structural repair or painting.
Automotive Sales – Any Lot or Structure used for sales, rental or leasing of new or used cars,
trucks, motorcycles, boats or other motorized vehicles including tractors or construction vehicles.
Automotive Salvage/Junk Yard – A Lot or Structure and any place of storage or deposit, whether
in connection with another business or not, where two or more unregistered, old, or secondhand
motor vehicles, no longer intended or in condition for legal use on the public highways, are held,
whether for the purpose of resale of used parts therefrom, for the purpose of reclaiming for use some
or all of the materials therein, whether metal, glass, fabric or otherwise, for the purpose of disposing
of the same or for any other purpose; such term shall include any place of storage or deposit for any
such purposes of used parts or waste materials from motor vehicles which, taken together, equal in
bulk two or more such vehicles provided, however, the term junk yard shall not be construed to
mean an establishment having facilities for processing iron, steel or nonferrous scrap and whose
principal produce is scrap iron, steel or nonferrous scrap for sale for remelting purposes only.
Automotive Towing Service – An establishment that provides for the transport of a motor vehicle
by towing, carrying, hauling or pushing from public or private property, and which may provide for
the temporary storage of motor vehicles. This definition shall not include an Automotive Repair
Garage with a tow truck(s) which repairs vehicles on-site, nor shall this use be construed as a Junk
Yard.
Bed-and-Breakfast Establishment – A Dwelling having a resident host in a private single- family
home with common dining and leisure rooms and lodging rooms for overnight accommodations,
the rates for which include breakfast and lodging only, and in which no public restaurant is
maintained and no other commercial services are offered. The Bed-and-Breakfast Establishment
shall have not more than ten (10) occupants as lodgers in at least three (3) and not more than five
(5) rooms. The period of accommodation shall be of a clearly temporary nature. Such use shall not
be construed as a Boarding House.
Bed-and-Breakfast Home – A Dwelling having a resident host in the primary Dwelling of a private
single-family or two-family home in which at least one (1) and not more than two (2) rooms are
provided for overnight accommodations, the rates for which include breakfast and lodging only,
and in which no public restaurant is maintained. The Bed-and-Breakfast Home
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shall not have more than four (4) occupants as lodgers. The period of accommodation
shall be of a clearly temporary nature. Such use shall not be construed as a Boarding
House.
Billboard – See Sign – Outdoor Advertising Billboard.
Boarding House – Any Dwelling in which more than three (3) persons, either
individually or as families, are housed or lodged for hire with or without meals. A
rooming house or a furnished rooming house shall be deemed a Boarding House.
Buffer Strip – A row of densely planted shrubs and trees with low branches intended
to reduce noise and screen out objectionable views.
Building – Any Structure where space, greater than 150 square feet in area, is covered
or enclosed (See Structure). The preferred term is Structure.
Building, Accessory – A subordinate Structure, the use of which is customarily
incidental to that of the Principal Building, and located on the same Lot as the Principal
Building.
Building Height – The vertical distance from finished grade to the highest point of a
flat roof or the midpoint of a pitched roof. On a hillside lot, finished grade should be
considered as the average finished grade on the uphill side of a Structure.
Building Line – The line formed by the intersection of a vertical plane that coincides
with the most projected surface of the Structure.
Building Permit – A building permit issued by the town based upon plans that comply
with all applicable codes, statutes, laws, rules, regulations and necessary approvals.
Cabin or Cottage – A Structure designed for seasonal occupancy and not suitable for
year- round living.
Campground – An area to be used for transient occupancy by camping in tents, camp
trailers, travel trailers, motor homes, or similar movable or temporary sleeping quarters
of any kind. This use shall not be construed as a Retreat or Conference Center.
Car Wash – A Structure or portion thereof used exclusively for the business of
washing, cleaning and waxing motor vehicles.
Cemetery – Land used or intended to be used primarily for the burial of the dead and
dedicated to cemetery purposes.
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Commercial Development Design Guidelines – the Town of Dryden Commercial Development
Design guidelines adopted on December 3, 2008 as an amendment to the Town of Dryden Zoning
Ordinance. These guidelines are now found in Appendix C, and are hereby made a part of this Law
by reference to such Appendix.
Commercial Horse Boarding Operation – an agricultural enterprise, consisting of at least seven
(7) acres and boarding at least ten (10) horses, regardless of ownership, that receives ten thousand
dollars ($10,000.00) or more in gross receipts annually from fees generated either through the
boarding of horses or through the production for sale of crops, livestock, and livestock products, or
through both such boarding and such production. Under no circumstances shall this definition be
construed to include operations whose primary on-site function is horse racing.
Comprehensive Plan – The Town of Dryden Comprehensive Plan adopted by the Town Board
pursuant to Town Law 272-a on December 8, 2005, including amendments thereto.
Congregate Care Facility – A facility providing residential care and services in community
integrated settings for persons who may require assistance with daily activities. Such services may
include twenty-four-hour supervision, room and board, housekeeping, case management, recreation
programs, medication management and, where necessary, provision or arrangement for the
provision of enhanced professional services such as medical, nursing, physical therapy and other
personal care services. Congregate care facilities include assisted living programs and adult care
facilities run in accordance with New York State requirements.
Contractor’s Yard – Any space, whether inside or outside a Building, used for the storage or
keeping of operable construction equipment, machinery or vehicles or parts thereof which are used
by a construction contractor. A building trade or construction contractor is defined as but not limited
to carpenters, electricians, masons, site work contractors, plumbers; heating, ventilating, and air
conditioning (HVAC) technicians, general contractors, etc.
Day Care Center, Child – A facility which is not a Dwelling Unit in which care is provided on a
regular basis to three (3) or more children [See 18 NYCRR § 413.2(g)].
Day Care Home, Family – A Dwelling Unit which is a personal residence and occupied as a family
residence which provides daycare to three (3) to six (6) children [See 18 NYCRR § 413.2(i)].
Day Care Homes, Group Family – A Dwelling Unit which is a personal residence and occupied
as a family residence which provides day care on a regular basis for seven (7) to twelve
(12) children [See 18 NYCRR § 413.2(j)].
Dwelling – A house, apartment, or other place of residence.
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Dwelling, Accessory Unit – A secondary Dwelling Unit which is accessory to a Single-Family
Dwelling, for use as a complete, independent living facility with provisions within the accessory
unit for cooking, eating, sanitation, and sleeping. An Accessory Dwelling unit may also be located
in an accessory Structure to the principal Single-Family Dwelling, such as a detached garage,
provided that the accessory Structure is clearly an accessory use to the Single-Family Dwelling. An
Accessory Dwelling Unit shall not be confused with a Two-Family Dwelling.
Dwelling-Condominium -- The term condominium refers to a system of ownership and
administration of property with three main features. A portion of the property is divided into
individually owned units, the balance of the property is owned in common by all the individual
owners and a vehicle for managing the property, known as the condominium corporation, is
established.
Dwelling, Multi-Family – A Dwelling with separate living units for three or more families having
separate or joint entrances and including apartments, group homes, townhouses, cottage homes and
condominiums, also a group of Dwellings on one lot with each Dwelling containing separate living
units for three or more families having separate or joint entrances and including apartments, group
homes, townhouses, cottage homes and condominiums.
Dwelling, Single-Family – A detached Structure (not including a mobile home) that is designed or
used exclusively as living quarters for one (1) family.
Dwelling, Townhouse or townhome – A single-family dwelling that shares one or more walls but
no ceiling-floor connection with other dwelling unit or units.
Dwelling, Two-Family – A detached Dwelling containing no more than two Dwelling Units for
the use and occupation by no more than two (2) families.
Dwelling, Upper-Floor Apartment(s) – One or more Dwelling Units that are located above a
commercial use.
Dwelling Unit, d.u. – A group of rooms which are designed for residential occupancy by a single
family and providing housekeeping facilities for such family. In determining the number of
Dwelling Units within a Structure, consideration is given to the separate use of or the provision
made for cooking, heating and sanitary facilities whether installed or not ; both the actual use to
which the Dwelling is being put and the potential use to which the Dwelling might be put.
Educational Use – Use of land where learning in a general range of subjects is provided, including
related support and accessory uses, associated with the educational purposes of the institution. The
definition includes institutions that provide cultural education, such as museums or galleries.
Elder Cottage – A separate, detached, temporary Single-Family Dwelling, accessory to a Single-
or Two-Family Dwelling on a lot; and occupied by no more than two residents, one of whom must
be 55 years of age or older.
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Family – An individual, or two or more persons related by blood, marriage or adoption, occupying
a Dwelling Unit and living as a single household; For purposes of this Ordinance, a family may also
consist of not more than four unrelated individuals occupying a Dwelling Unit and living as a single
household. The two definitions cannot be combined.
Farm Operation – The land and on-farm buildings, equipment, manure processing and handling
facilities, and practices which contribute to the production, preparation and marketing of crops,
livestock and livestock products as a commercial enterprise, including a Commercial Horse
Boarding Operation, a Timber Operation and “compost, mulch or other biomass crops” as defined
in the New York Agriculture and Markets Law. Such farm operation may consist of one or more
parcels of owned or rented land, which parcels may be contiguous or noncontiguous to each other.
Farm Stand – A seasonal or temporary stand for the sale and display of farm products.
Frontage – The linear measurement in feet of that part of a Lot coincident with a Public Highway
measured at the edge of the Public Highway. A corner lot shall be considered to have frontages on
both Public Highways.
Gasoline Station – A Lot, including Structures thereon or parts thereof, other than an Automotive
Repair Garage, that is used for the sale of motor fuels dispensed from pumps and motor v ehicle
accessories and supplies. Permitted accessory uses may include facilities for lubricating, washing
or other minor servicing of motor vehicles and/or the retail sale of convenience items, including but
not limited to snacks and beverages, provided such accessory uses are located indoors. Motor
vehicle body work, major structural repair or painting by any means are not to be considered
permitted accessory uses.
Green Neighborhood Development – A neighborhood developed and certified in LEED
Neighborhood Development rating system and achieving at least basic certification.
Green Space – Areas of vegetated and permeable surfaces of a development not occupied by
structures or paved areas for vehicles and including formal storm water management facilities (no
more than 20% of total Lot Area) as well as green infrastructure storm water facilities (Open Space
set aside, swales and 60% of the area of a green roof if not accessible by or visible to the public),
and including parks, dedicated open space, landscaped areas, plantings, lawns, parking lot islands,
green roofs, and sidewalks or trails used exclusively to access these areas, including accessory
structures (e.g. gazebos or similar structures) accessible to the public and intended to enhance the
green space.
Hamlet of Varna Community Development Plan – An amendment to the Comprehensive Plan
pursuant to Town Law 272-a and adopted by the Town Board on December 20, 2012.
Highway – See Public Highway.
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Home Occupation: Level 1 – A business conducted entirely within a Dwelling and carried on by
the inhabitants thereof; which use is clearly incidental and secondary to the use of the Dwelling for
residential purposes, and which use does not change the character thereof, and which business does
not involve the employment of more than one person at the Dwelling on a daily basis. The business
may employ others who do not report to the Dwelling on a daily basis. There shall be no ex terior
evidence of such home occupation, except for a sign in accordance with Section 903(C)(3)(c).
Home Occupation: Level 2 – A business conducted on a residential property and carried on by the
inhabitants thereof; which use is clearly incidental and secondary to the use of the Dwelling for
residential purposes, and which use does not change the character thereof. A Level 2 Home
Occupation may employ up to three (3) persons who report to the Dwelling on a daily basis. The
business may have more employees who do not report to the Dwelling on a daily basis.
Hotel – A facility offering transient lodging accommodations for a daily rate to the general public.
A Hotel may provide additional services, such as restaurants, meeting rooms and recreation
facilities. The period of accommodation shall be of a clearly temporary nature. Such use shall not
be construed as a Boarding House.
Industry-Light – A manufacturing or maintenance operation conducted wholly within one or more
Structures where any process is used to alter the nature, size or shape of articles or raw materials or
where articles are assembled and where said goods or services are consumed or used at another
location. The exterior appearance of the Structures shall resemble Office Buildings and the impacts
of the use (noise, fumes, and vibrations) shall not exceed those typically associated with an office
use.
Industry-Manufacturing – Establishments engaged in the mechanical or chemical transformation
of materials or substances into new products, including the assembly of component parts, the
creation of products, and the blending of materials such as oils, resins or liquors. These Industry-
Manufacturing uses have greater impacts than light industry uses in terms of noise, fumes, and
vibrations.
Inn – A commercial facility, resembling in character traditional residential construction, providing
lodging and meals which is characterized by common dining facilities and a common leisure room
available for use by lodgers and the general public. The period of accommodation shall be of a
clearly temporary nature. Such use shall not be construed as a Boarding House.
Invasive Species – Non-native plant species on the list of invasive plants compiled by F. Robert
Wesley, April 1998 which includes the common name, species name and family. This list is now
found in Appendix D, and is hereby made a part of this Law by reference to such Appendix.
Junk Yard – Any place of storage or deposit, whether in connection with another business or not,
where two or more unregistered, old, or secondhand motor vehicles, no longer intended or in
condition for legal use on the Public Highways, are held, whether for the purpose of resale of
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used parts therefrom, for the purpose of reclaiming for use some or all of the materials therein,
whether metal, glass, fabric or otherwise, for the purpose of disposing of the same or for any other
purpose; such term shall include any place of storage or deposit for any such purposes of used parts
or waste materials from motor vehicles which, taken together, equal in bulk two or more such
vehicles provided, however, the term Junk Yard shall not be construed to mean an establishment
having facilities for processing iron, steel or nonferrous scrap and whose principal produce is scrap
iron, steel or nonferrous scrap for sale for re-melting purposes only.
Kennel – Any commercial establishment where four or more dogs, cats, or other animals over three
months of age are kept, raised, sold, boarded, bred, shown, treated, or groomed.
LEED – The acronym for “Leadership in Energy and Environmental Design.” LEED is a family of
green building rating systems developed by the United States Green Building Council (USGBC).
LEED provides verification of high environmental performance in building and neighborhood
design and construction. The LEED family of rating systems includes a rating system for
Neighborhood Development. A LEED rating system contains a combination of required
prerequisites and optional credits and evaluates projects based on a 100-point base scale (not
including up to 10 special “innovation” and “regional priority” bonus points, explained in the Rating
System). Projects seeking certification must meet all prerequisites and earn at least 40 points by
achieving various credits. Beyond basic certification, projects may achieve Silver (50 points), Gold
(60 points), or Platinum (80+ points) certification for increasingly high performance.
Library – A public institution with a Structure containing printed, pictorial, and audiovisual
material for public use for purposes of study and reference.
Loading Berth – A dedicated area for the receipt or distribution of materials or merchandise by
motor vehicles, including space for their standing, loading and unloading.
Lodge or Club – A membership organization that holds regular meetings and may, subject to other
regulations controlling such uses, maintain dining facilities, serve alcohol, or engage in professional
entertainment for the enjoyment of dues paying members and their guests, as well as programs for
the general public, such as retreats and recreational, educational, cultural, health, and public interest
related programs.
Lot – An area of land having defined boundaries held in separate ownership from adjacent property
and which in all respects complies with the requirements of the district in which it is situate.
Lot Area – An area of land the size of which is determined by the limits of the Lot lines bounding
said area and is usually expressed in terms of square feet or acres.
Lot Consolidation - A Lot Consolidation is used to combined two or more existing parcels. Lot
Consolidations erase parcel lines so that fewer parcels remain.
Lot Coverage – A measure of intensity of land use (usually represented as a percentage of the Lot
Area) that represents the portion of a Lot that is impervious (i.e., does not absorb water).
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This percentage includes but is not limited to all areas covered by Structures, driveways, roads,
sidewalks, parking areas, and any other impervious area.
Lot Depth – The mean horizontal distance between the front and rear Lot lines measured in the
general direction of the side lot lines. For the purposes of these definitions and the provisions of
this Law, Lot Depth and Setback Lines shall be measured from the title line of dedicated, platted or
deeded Public Highways and from the user line for highways by use.
Lot Line Adjustment – the adjustment of one or more Lot lines between two or more
existing and adjoining Lots which does not result in the creation of one or more new Lots.
Lot Width – The horizontal distance between the side Lot lines taken at the front Yard line or
Principal Building Line and measured along a line which is at right angles to the Lot Depth.
Lot of Record – Any lot with an area, width or other dimension which is less than prescribed for a
lot in the district in which such lot is situated if such lot is (i) under one ownership of record since
the effective date of the original Town of Dryden Zoning Ordinance, or (ii) under one ownership of
record since the time of any amendment to the original Town of Dryden Zoning Ordinance which
amendment changed the area, width or other dimension requirements with respect to lots in such
district and which lot, except for such amendment, would have been in all respects in conformance
with the requirements of such original Zoning Ordinance, or (iii) any lot shown on an approved
subdivision plat filed with the Tompkins County Clerk and not combined with any other lot or
parcel for the purposes of real property assessment at any time following such filing.
Manufactured Home – A structure, transportable in one or more sections, which, in the traveling
mode, is eight body feet or more in width or forty body feet or more in length, or, when erected on
site, is three hundred twenty or more square feet, and which is built on a permanent chassis and
designed to be used as a Dwelling with or without a permanent foundation when connected to the
required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems
contained therein. The term shall include any Structure that meets all of the requirements of this
definition except the size requirements and with respect to which the manufacturer voluntarily files
a certification required by the United States secretary of housing and urban development and
complies with the standards established under Title 42 of the United States code; and except that
such term shall not include any self-propelled recreational vehicle.
Manufactured Home Park – A parcel of land under single ownership, which is improved for the
placement of Manufactured Homes for non-transient use and which is offered to the public for the
placement of five (5) or more Manufactured Homes.
Mining – The excavation and sale of topsoil, sand, gravel, clay or other natural solid mineral or
vegetable deposit, or the quarrying of any kind of rock formation.
Mining Subject to State Jurisdiction – An operation which results in the mining or proposed mining from
each use of more than one thousand (1,000) tons or seven hundred-fifty (750) cubic yards, whichever is
less, of minerals from the earth within twelve (12) successive calendar months, or an operation
which results in the mining or proposed mining of over one hundred (100) cubic yards of minerals
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from or adjacent to any body of water not subject to the jurisdiction of the New York State
Environmental Conservation Law or the Public Lands Law.
Mining not Subject to State Jurisdiction – All mining which is not defined as Mining Subject to
State Jurisdiction.
Mobile Home – A moveable or portable unit designed and constructed to be towed on its own
chassis, comprised of frame and wheels, connected to utilities, and designed and constructed
without a permanent foundation for year-round living. A unit may contain parts that may be folded,
collapsed or telescoped when being towed and expanded later to provide additional cubic capacity
as well as two or more separately towable components for repeat ed towing. Mobile Home shall
mean units designed to be used exclusively for residential purposes, excluding travel trailers.
Motel – See Hotel.
Municipal Facilities – Highways, water and/or sewer facilities or other public services or facilities
that are directly or indirectly provided and maintained by a municipality.
Municipal Use – For the purposes of the use restrictions of this Law means the use of land, building,
or Structures owned by the Town of Dryden or other municipal corporations or governmental
bodies.
Natural Gas – Any gaseous substance, either combustible or noncombustible, which is produced
in a natural state from the earth and which maintains a gaseous or rarified state at standard
temperature and pressure conditions, and/or gaseous components or vapors occurring in or derived
from petroleum or other hydrocarbons.
Natural Gas and/or Petroleum Exploration – Geologic or geophysical activities related to the
search for natural gas, petroleum or other subsurface hydrocarbons including prospecting,
geophysical and geologic seismic surveying and sampling techniques, which include but are not
limited to core or rotary drilling or making an excavation in the search and evaluation of natural
gas, petroleum, or other subsurface hydrocarbon deposits.
Natural Gas and/or Petroleum Exploration and Production Materials – Any solid, semi- solid,
liquid, semi-liquid or gaseous material used in the exploration or extraction of natural gas.
Natural Gas Exploration and/or Petroleum Production Wastes – Any garbage, refuse, cuttings,
sludge, flow-back fluids, produced waters or other discarded materials, including solid, liquid,
semi-solid, or contained gaseous material that results from or is associated with the exploration,
drilling or extraction of natural gas and/or petroleum.
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Natural Gas and/or Petroleum Extraction – The digging or drilling of a well for the purposes of
exploring for, developing or producing natural gas, petroleum or other subsurface hydrocarbons.
Natural Gas and/or Petroleum Support Activities – The construction, use, or maintenance of a
storage or staging yard, a water or fluid injection station, a water or fluid gathering station, a natural
gas or petroleum storage facility, or a natural gas or petroleum gathering line, venting station, or
compressor associated with the exploration or extraction of natural gas or petroleum.
Neighborhood Development – The development or redevelopment in Varna of at least three (3)
tax parcels, or an area of at least two (2) acres.
Nonconforming Use – A Structure or use of land existing on the date of enactment of this Law
which does not comply with the allowed use regulations of the zone in which said Structure or use
is located.
Nursery/Greenhouse, Retail – A retail establishment for the growth, display, and/or sale of plants,
shrubs, trees, and materials used in indoor or outdoor planting, conducted within or without an
enclosed Structure.
Office Building – Any Structure in which space is rented and persons employed in or who conduct
the management or direction of an agency, business, organization, profession, or public
administration, but excluding such uses as retail sale, manufacture, assembly or storage of goods,
or places of assembly and amusement.
Open Space – Any space or area characterized by (1) natural scenic beauty or, (2) whose existing
openness, natural condition, or present state of use enhances the present or potential value of
abutting or surrounding property, or maintains or enhances the conservation of natural or scenic
resources. For purposes of this Local Law natural resources shall include, but not be limited to,
agricultural lands actually used in bona fide agricultural production.
Outdoor Storage – Commercial and industrial storage outside the confines of an enclosed Structure
of any equipment or materials in usable condition which are not being specifically displayed as
merchandise or offered for sale. Outdoor Storage shall not be construed as a Junk Yard, Contractor’s
Yard or Self-Storage.
Parking Space – An off-street space available for parking one vehicle and which dimensions are 9
feet wide and 20 feet long, not including maneuvering area and access drives, but with Board
approval in Site Plan Review or Special Use Permit review may be approved to be modified to
target specific vehicles such as compact cars and motorcycles.
Paved – A smooth, hard, dense surface, which is durable and well-drained under normal use and
weather conditions.
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Planned Unit Development – An area of land intended to provide for a variety of land uses planned
and developed in a manner which will provide a community design that preserves critical
environmental resources, provides above-average Open Space amenities, incorporates creative
design in the layout of Structures, Green Space and circulation of vehicles and pedestrians; assures
compatibility with surrounding land uses and neighborhood character; and provides efficiency in
the layout of Highways, public utilities, and other Municipal Facilities.
Planning Board – The Town of Dryden Planning Board.
Professional Office – A Structure used for the organizational or administrative aspects of a trade
or profession or used in the conduct of a business and not involving the manufacture, storage,
display, or direct retail sales of goods, characterized by low traffic and pedestrian volumes, lack of
distracting, irritating, or sustained noise, and low density of building developments. This definition
may include, but is not limited to, the offices of: accountants, appraisers, architects, planners,
engineers, financial planners, insurance brokers or adjusters, landscape architects, lawyers,
consultants, secretarial agencies, bonding agencies, real estate, mortgage or title agencies,
investment agencies, and persons with similar occupations.
Public Highway – A road or street, either deeded or by prescriptive easement, that is maintained
by a, village, town, county, state or the federal government.
Public Safety Use – Voluntary or professional individuals or entities providing
municipal/governmental services providing for the health, safety, and general welfare of the public;
including, but not limited to, fire, emergency, medical, and police services.
Public Sewer and/or Water Facilities – A sewage disposal system or water supply and distribution
system operated by a municipality; a sewage disposal system or water supply and distribution
system authorized for public use, whether for a residential subdivision, or for commercial, industrial
or manufacturing Buildings, and approved by the New York State and/or Tompkins County
Departments of Health, the Department of Environmental Conservation, and any other
governmental agency having jurisdiction thereof.
Public Utility – Infrastructure and services that supply an everyday necessity to the public at large,
such as Public Water and/or Public Sewer Facilities, electricity, natural gas, and
telecommunications. A Public Utility may be owned and operated by a municipality or a private
entity, or a combination thereof.
Recreation, Active – Recreation that involves organized athletic activities requiring fixed
infrastructure such as playing fields and/or accessory infrastructure such as seating areas, changing
facilities and/or concessions. Active recreational activities include but are not limited to team sports
such as baseball, soccer, and lacrosse, smaller group sports such as racquet sports, golf courses (and
associated facilities such as driving ranges) and other active recreational uses that require permanent
infrastructure such as a skateboarding park or ice rink.
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Recreation, Passive – Recreation that generally does not involve organized athletic teams and/or
significant fixed infrastructure, apart from such improvements as trails, parking areas, restrooms,
picnic shelters and the like. Passive recreational activities include but are not limited to jogging,
biking, cross country skiing, hiking, walking on recreational trails and paths, horseback riding,
wildlife viewing, picnicking and relaxation.
Recreational Facility, Amusement – A commercial or non-commercial recreational use that may
be permanent or temporary in nature, for the conducting of recreational activities including but not
limited to traveling carnivals, circuses, amusement parks, driving ranges (not associated with a golf
course), batting cages, mini-golf, paintball courses, bowling centers, roller skating facilities, and
similar indoor or outdoor recreational activities. A public park shall not be considered and regulated
as an Amusement Recreational Facility.
Recreational Facility, Athletic – A commercial or non-commercial recreational use that may be
permanent or temporary in nature, for the conducting of recreational activities including but not
limited to swimming, tennis, court games, baseball and other field sports, riding academies, and
playground activities, but excluding recreational activities involving mechanical devices that are
powered by non-human means, such as motorized vehicles. A public park shall not be considered
and regulated as an Athletic Recreational Facility.
Recreational Facility, Motorized – A commercial or non-commercial recreational use or
accessory use that may be permanent or temporary in nature, which involves the operation of
motorized vehicles which includes All Terrain Vehicles, motorcycles etc., including but not limited
to go-kart tracks, dirt bike tracks, and race tracks.
Religious Institution – Use of land and/or Structures by a tax-exempt institution, a bona fide
religious sect or denomination where religious worship and related activity is conducted.
Residential Design Guidelines – the Town of Dryden Residential Development Design Guidelines
adopted on December 3, 2008 as an amendment to the Town of Dryden Zoning Ordinance. These
guidelines are now found in Appendix B, and are hereby made a part of this Law by reference to
such Appendix.
Restaurant – An establishment, including Taverns but excluding bars, where food and drink is
prepared, served, and sold.
Retail Business – Any business involving the sale in small quantities of a larger inventory of items
to transient customers whether in a shop or other building, or electronically or by mail.
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Retail Shopping Centers/Plazas – A lot used for two (2) or more commercial units, attached or
detached, which relate to a common parking area and common points of ingress and egress and a
common circulation pattern.
Retreat or Conference Center – A facility used for service organizations, businesses, professional,
educational, or religious meetings or seminars limited to accommodations for attendees. The
accommodations can include sleeping, eating, and recreation.
Road – See Public Highway.
SEQR – The New York State Environmental Quality Review Act found in Environmental
Conservation Law Article 8 and the implementing regulations found in 6 NYCRR Part 617.
Self-Storage – A Structure or Structures in which materials, goods, or equipment are stored with
separate storage units having individual access for storage of personal or business property. Self -
storage operations with several separate Structures shall all be considered together to form one (1)
primary Structure for the purpose of Site Plan Review.
Senior Care Facility – A living and care facility for over ten (10) seniors in a variety of settings.
Senior Housing, Family – Living facilities offering a family type of living environment where
residences are designed to feel like a home instead of a medi cal facility and to blend in
architecturally with neighboring homes. The residences are designed as efficient homes for six
(6) to ten (10) seniors, each of whom has a private room with a private bath and easy access to all
communal areas of the house, including a living room area, dining area, kitchen, laundry, outdoor
garden, and patio.
Series of Building – For the purposes of this Law, a series of Multi-Family Dwelling Units with
shared wall construction.
Service Business – Any business or nonprofit organization that provides services to individuals,
businesses, industry, government, or other enterprises.
Setback Lines - See Yards.
Sign – Any device, object, or building facade used for the visual communication or advertisement
of a place, building, product, service or name.
Sign – Outdoor Advertising Billboard – Any device, object, or building facade situated on private
property and used for advertising goods, services or places other than those directly related to the
property on which said sign is located.
Site Plan – A rendering, drawing, or sketch prepared to specifications and containing necessary
elements, as set forth in this Law, which shows the arrangement, layout and design of the proposed
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use of a single parcel of land as shown on said plan. Plats showing lots, blocks or sites subject to
review as subdivisions under Town Law § 276 and the Town of Dryden Subdivision Law are also
subject to review as site plans.
Special Use Permit – An authorization of a particular land use which is permitted in this Ordinance,
subject to requirements imposed by this Law and by the Board authorized to grant such permit to
assure that the proposed use is in harmony with this Law and will not adversely affect the
neighborhood if such requirements are met.
Specified sexual activities:
a. Human genitals in a state of sexual stimulation or arousal; or
b. Acts of human masturbation, sexual intercourse or sodomy; or
c. Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
Specified anatomical areas:
a. Less than completely and opaquely covered human genitals, pubic region, buttock, and
female breast below a point immediately above the top of the areola; or
b. Human male genitals in a discernible turgid state, even if completely and opaquely covered.
Street – See Public Highway.
Story – Any story having its finished floor surfaced entirely above grade plane, or in which the
finished surface of the next floor above is
1. more than 6 feet above grade plane, or
2. more than 12 feet above the finished ground level at any point.
Structure – Anything constructed or erected on the ground or with a fixed location on the ground
or attached to something having a fixed location on the ground. Structures include, but are not
limited to, Buildings of a size exceeding 150 square feet, walls and fences over 6 feet in height,
radio towers, power generating equipment such as freestanding windmills and solar panels,
swimming pools designed for a depth of three (3) feet or more, billboards, poster panels and signs.
All Structures, regardless of size, shall be erected in compliance with the setback requirements for
their respective district. The following shall not be classified as Structures for the purpose of this
Law: fireplace chimneys, flagpoles, and antennae.
Tavern – A commercial Structure where food is prepared, served, and sold and alcoholic beverages
are consumed on the premises.
Theater – A Structure or part of a Structure, devoted to showing motion pictures or for dramatic
and/or comedic live performances including musicals, recitals, concerts, or other similar
entertainment, including dinner theaters.
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Timber Operation – The on-farm production, management, harvesting, processing and marketing
of timber grown on the farm operation into woodland products, including but not limited to logs,
lumber, posts and firewood, provided that such farm operation consists of at least seven (7) acres
and produces for sale crops, livestock or livestock products of an annual gross sales value of ten
thousand dollars ($10,000) or more and that the annual gross sales value of such processed
woodland products does not exceed the annual gross sales value of such crops, livestock or livestock
products.
Town Board – The Town Board of the Town of Dryden, Tompkins County, New York.
Traditional Neighborhood Design (TND) – A type of neighborhood design with a focus on
pedestrian facilities, front porches, back alleys and emphasis on the human use of spaces in the
resulting form and function, as well as commercial or mixed-use developments that emphasize
human use of spaces and attractive character of buildings.
Use, Accessory – A use which is customarily incidental and subordinate to the Principal Use on a
Lot and which is located on the same Lot. Accessory Uses or Structures shall not be permitted on a
Lot without a permitted Principal Use or Structure. Unless otherwise permitted in this Law, an
Accessory Structure shall not be permitted in the front yard of a Principal Use.
Use, Principal – The main or primary use of land and/or Structure on a Lot and which determines
the overall character and appearance of use on the Lot.
Variance
a. Variance, Area – The authorization by the Zoning Board of Appeals for the use of land in
a manner which is not allowed by the dimensional or physical requirements established by this
Law.
b. Variance, Use – The authorization by the Zoning Board of Appeals for the use of land for
a purpose which is otherwise not allowed or is prohibited by this Law.
Varna – that area of the Town encompassing the Varna Hamlet Mixed Use District, Varna Hamlet
Residential District, and Varna Hamlet Traditional District.
Varna Design Guidelines and Landscape Standards – The Town of Dryden “Hamlet of Varna
Design Guidelines & Landscape Standards” adopted on December 20, 2012 and effective January
14, 2013 as an amendment to the Town of Dryden Zoning Ordinance. These guidelines and
standards are found in Appendix E, and are hereby made a part of this Law by reference to such
Appendix.
Warehouse – A building or part of a building designed for the receiving, storing, and distribution
of goods, wares, and merchandise, whether for the owner or for others, and whether it is a public or
private warehouse. This definition includes a wholesale business for shipping/receiving. Not
including incidental or temporary use of an empty building for storage.
Workshop/Garage – Non-Commercial – A Structure used for the conduct of non-commercial,
low-intensity activities such as woodworking, personal vehicle repair, and storage. Normally
considered an accessory use, but may be allowed without a principle building.
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Yard – A Yard is a Green Space other than a court on a Lot, unoccupied and unobstructed from
the ground upwards between the Lot Line and the nearest line of the Structures on the Lot, except
as otherwise permitted. (See illustration below for location of front, side and rear yards.)
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ARTICLE IV: ZONING DISTRICTS
Section 400: Districts
For the purposes specified in this Law, the Town of Dryden is divided into the following zoning
districts:
CV - Conservation District
The purpose of the Conservation (CV) District is to protect areas of the town that contain a
variety of ecological and Open Space assets that warrant protection from the impacts of
development. Residential uses and agriculture will remain the primary land use activities.
LIO - Light Industrial / Office District
The purpose of the Light Industrial/Office (LIO) District is to define a location in the town for
light industrial and warehousing enterprises, office buildings and administrative operations and
service enterprises, or research and development enterprises such as computer software and
equipment design businesses. Agriculture is an allowed use in this district.
LIO-A - Light Industrial / Office / Adult Use District
The purpose of the Light Industrial/Office/Adult Use (LIO-A) District is to define an
appropriate location in the town for adult uses that is separated from and minimizes impacts to
non-compatible uses such as residential areas, schools, churches and parks. In addition to adult
uses, all other uses permitted within the Light Industrial/Office District are permitted within
the Light Industrial/Office/Adult Use District. Agriculture is an allowed use in this district.
LSRDD - Large Scale Retail Development District
The purpose of the Large Scale Retail Development District (LSRDD) is to provide the
opportunity to evaluate a location in the town where large-scale retail development may be
appropriate, and to define specific requirements for the review and possible approval of large-
scale retail shops and shopping centers. This type of development requires a Special Use Permit
and Site Plan Review to develop a property for large-scale stores or shopping centers as defined
herein. This district is not mapped, but may be proposed on any property, not in Tompkins
County Agricultural District 1, along a State or County Public Highway.
MC – Mixed Use Commercial District
The Mixed Use Commercial (MC) District allows a mix of retail and service businesses, office
buildings and research and development businesses such as computer software and equipment
design businesses as well as residential development. The district allows for mixed use
development. Agriculture is an allowed use in this district.
NR - Neighborhood Residential District
The purpose of the Neighborhood Residential (NR) District is to define areas of the town where
established neighborhoods are situated in a rural landscape and constitute the primary land use.
Single family homes are the predominant form of development, and future development is
unlikely. Home Occupations are the primary commercial activity in this district. Agriculture
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is an allowed use in this district.
RA - Rural Agricultural District
The purpose of the Rural Agricultural (RA) District is to define an area of the town primarily
for agricultural use and associated natural areas protection. The Rural Agricultural District is
an area that is intended to remain rural and where agriculture is recognized as the primary land
use. Small scale rural businesses which are agriculturally related or supporting may be
appropriate in this district.
RR - Rural Residential District
The purpose of the Rural Residential (RR) District is to define an area of the town where
residential uses situated in a rural landscape constitute the primary land use. Public water and
sewer does not exist in this area. Single- and two-family homes are the predominant form of
development. Agriculture is also expected to be a substantial land use well into the future.
TNDO - Traditional Neighborhood Development Overlay District
The purpose of the Traditional Neighborhood Development Overlay District (TNDOD) is to
provide development alternatives for landowners located at the periphery of villages and in
hamlets that do not currently have water or sewer. Public water and sewer does not currently
exist in these areas, and it will be necessary to develop or extend such infrastructure in order
to take advantage of the development alternatives provided under the provisions of this overlay
district. Utilizing incentive zoning authority in Town Law, land in the overlay district can be
developed more intensively in return for specified public benefits and the incorporation of
Traditional Neighborhood Design (TND) principles in the design of sites and structures. Small
scale businesses, primarily in mixed-use structures, can also be incorporated into these areas.
VHMUD – Varna Hamlet Mixed Use District
The purpose of the Varna Hamlet Mixed Use District (VHMUD) is to foster new and
redevelopment of existing properties while retaining the traditional character of buildings, as
well as the hamlet character found in Varna and described in the Varna Community
Development Plan. The purpose includes Traditional Neighborhood Design as defined in
Article III of the Dryden Zoning, and commercial development of vacant lots, including the
combining of lots and rehabilitation of existing buildings.
VHRD – Varna Hamlet Residential District
The purpose of the Varna Hamlet Residential District (VHRD) is to foster development of new
residential neighborhoods, and accommodate existing neighborhoods with a mix of
predominately single-family unattached dwelling units, but including a variety of dwelling
units.
VHTD – Varna Hamlet Traditional District
The purpose of the Varna Hamlet Traditional District (VHTD) is to foster development that
is deeply attentive to the environmentally sensitive areas of the district, and is intended to
have lot sizes and a limited amount of development that is sensitive to these resources. The
purpose of this district is aimed at achieving a traditional owner-occupied neighborhood with
single-family and two-family dwelling units, including a conservation buffer from the banks
of Fall Creek (see Article VII, Section 707, B).
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Section 401: Zoning Map
All land in the Town of Dryden shall fall within one of the established zones as shown on a map
entitled the “Town of Dryden Zoning Map” Dated September 1, 2011, and revised March 18,
2014. The original and official Town of Dryden Zoning Map as revised is filed with the Town
Clerk. A reduced and unofficial copy is found in Appendix A-1.
Section 402: Boundary Determinations
Where uncertainty exists as to the boundaries of a zoning district as shown on the Zoning Map,
the following rules shall apply:
A. Zone boundaries are intended to follow parcel lines whenever possible. Where
boundaries approximately follow parcel lines such parcel lines shall be construed to be
said boundaries.
B. Where district boundaries are indicated as approximately following the center line or
right-of-way line of Public Highways, such lines shall be construed to be district
boundaries and follow such center line or right-of-way line.
C. Where district boundaries are indicated as approximately following a stream, lake, or
other body of water, such stream center line, lake or body of water shoreline shall be
construed to be such district boundaries (unless otherwise noted on the Zoning Map). In
the event of a change in the shoreline or stream, the district boundaries shall be construed
as moving with the actual shoreline or stream.
D. Where a district boundary is not indicated as approximately following the items listed in
subsections (1), (2) and (3) above, or is not designated on the Zoning Map, the boundary
line shall be determined by the use of the Town’s Geographic Information System
utilizing the Zoning Map boundaries laid over aerial imagery.
E. Where district boundaries are based upon natural features such as slopes, topographic
contour lines, watershed boundaries, soil types, or ecological communities, such
boundaries may be more precisely established through field investigation by a qualified
professional.
F. Whenever any Public Highway is abandoned in the manner authorized by law, the
district adjoining each side of such highway shall be automatically extended to the center
of the former highway, and all of the area included in the abandoned highway shall
henceforth be subject to all regulations within the extended districts.
G. In the event that none of the above rules are applicable, or in the event that further
clarification or definition is considered necessary or appropriate, the location of a district
boundary shall be determined by the ZBA.
22
Special condition of one Parcel that is situated in Two Zones:
Except in the VHMUD, VHRD, and VHTD, when a parcel is divided by a zoning district
boundary, the regulations and requirements of the least restrictive zone may be extended for
a distance of 100 feet in
ARTICLE VII: VARNA – Article VII is to be replaced in its entirety by the following:
Section 700: Purpose
The purpose of Article VII of this zoning law is to provide the structure and rules for development
in accordance with the Varna Community Development Plan (VCDP) as adopted. This Article
creates distinct zones and a Traditional Neighborhood Overlay within the hamlet of Varna in an
effort to implement the goals set forth in the Varna Community Development Plan.
Section 701: Applicability
This article applies only to the three zoning districts that are within the Hamlet of Varna: The
Varna Hamlet Mixed Use District (VHMUD), Varna Hamlet Residential District (VHRD), and the
Varna Hamlet Traditional District (VHTD). Development within these zones is based on the
descriptions in the Varna Community Development Plan as adopted as an amendment to the Town
Comprehensive Plan.
Section 702: Definitions
Refer to the purpose and goals listed for each district (Article IV) for the Varna Hamlet Mixed
Use District (VHMUD), Varna Hamlet Residential District (VHRD), and the Varna Hamlet
Traditional District (VHTD).
Section 703: Design Guidelines and Standards
All development and re-development of Lots and property in Varna shall comply with the Varna
Design Guidelines and Landscape Standards, including:
A. Landscape Design. Any proposed development or re-development subject to a building
permit or review under this Law shall include a landscape and planting plan that includes:
1. A map or sketch of existing vegetation to be retained or removed.
2. A detailed landscape plan that includes a list of the number, type and location of
proposed vegetation.
3. A narrative or drawing demonstrating how the development or re-development will
preserve open space and existing natural features including mature trees, tree
canopies, land forms, existing topography and vegetation.
B. Streetscape and Sidewalk Design. Any proposed development or re-development subject
to a building permit or review under this Law shall include plans for sidewalks or
pedestrian paths that contribute to the goal of a unified pedestrian network in Varna. Any
such proposed development or re-development shall include a streetscape and sidewalk
plan that includes:
1. A map or sketch and list of dimensions of proposed pedestrian paths, sidewalks,
and trails.
2. A map and sketch detailing streetscape amenities including lighting, sidewalk
furniture (such as benches and refuse containers), signage, and a maintenance plan
for such amenities, including provisions for snow removal.
3. Any proposed development or re-development along Route 366 requires sidewalks.
C. Building and Architectural Detail.
1. No proposed Building shall exceed 40 feet in height.
2. Any proposed development shall be designed to preserve, as much as practicable,
the existing views and line of sight of existing buildings and neighboring properties.
D. Streets and Parking.
1. Any proposed development shall provide a circulation plan in and around the
development for pedestrians, vehicles, and cyclists which includes a detailed map
showing:
a. Proposed roads, trails and cyclist paths.
b. The connection of proposed roads, trails and cyclist paths to existing public
highways.
c. Circulation patterns including points of ingress and egress.
d. The dimensions of any proposed roads, trails and cyclist paths.
e. The location of any proposed curb cuts to Route 366.
f. The location and number of proposed parking spaces.
2. New roads should be designed and located to preserve existing topography, as much
as practicable.
Section 704: Varna Use Regulations
All uses in Varna shall comply, to the maximum extent practicable, with the Varna Design
Guidelines and Landscape Standards.
A. Planning Department Report. No application shall be deemed complete without a written
report by the Planning Department detailing the extent to which the application complies
with the Varna Design Guidelines and Landscape Standards.
1. For applications which require either Town Board approval or Planning Board
approval, such report shall be considered part of the application and subject to
review by the respective Boards.
2. For applications which require only a Building Permit, such report shall be
completed prior to the issuance of a Building Permit.
B. No structure or land in Varna shall be used except as provided in the Allowable Use Groups
Chart in subsection D below. Uses which are not explicitly permitted are prohibited, unless
specifically stated elsewhere in this Law.
C. Building Sizes:
1. In the Varna districts, no Use shall include a Structure larger than 5,000 square
feet without a Special Use Permit.
2. All exemptions in Section 603 shall also apply in Varna.
D. Allowable Use Groups Chart. In the following:
“P” means the use is allowed as of right, but in many cases requires Site Plan Review;
“SPR” means this use requires Site Plan Review;
“Special Use Permit” or “SUP” means the use requires a Special Use Permit;
“X” means the use is not allowed in that particular district.
Allowed
Principal Uses
Varna Hamlet
Mixed Use
District
(VHMUD)
Varna Hamlet
Residential District
(VHRD)
Varna Hamlet
Traditional
District
(VHTD)
Minimum
Lot Size
Agricultural Use P P P None
Farmstand P P P None
Artist Studio/Craft Workshop SPR X SPR 1/8 Acre
Automotive Repair Garage SPR X X 1 Acre
Bed And Breakfast Establishment SPR SPR SPR None
Boarding House SPR SPR SPR ¼ Acre
Day Care Center SPR SPR X 1 Acre
Gasoline Station SPR X X 2 Acres
General Office Building SPR SPR X 1 Acre
Hotel/Motel SPR X X 1 Acre
Industry, Light SUP/SPR SUP/SPR X 2 Acres
Inn SPR SPR SPR ½ Acre
Nursery/ Greenhouse, Retail SPR SPR X 1 Acre
Professional Office SPR SPR SPR None
Restaurant SPR X X None
Retail Business SPR X X None
Retail shopping center/plaza SPR X X 2 Acres
Retreat/Conference Center SPR SPR X 2 Acres
Service Business SPR X X None
Theater SPR SPR X 1 Acre
Allowed
Principal Uses
Varna Hamlet
Mixed Use
District
(VHMUD)
Varna Hamlet
Residential District
(VHRD)
Varna Hamlet
Traditional
District
(VHTD)
Minimum
Lot Size
Bed and Breakfast, Home SPR SPR SPR None
Congregate Care Facility SPR SPR X 1 Acre
Day care home, Family SPR SPR SPR None
Day Care, Family Group SPR SPR SPR None
Dwelling, accessory unit (See §
1311)
SPR SPR SPR None
Dwelling, multi-family SPR SUP SUP 1 Acre
Dwelling, single-family P P P None
Dwelling, two-family SPR SPR SPR 10,000 square
feet
Dwelling, upper-floor apartments SPR SPR SPR None
Elder Cottages See Section 1305 See Section 1305 See Section 1305 None
Home Occupation: Level 1 P P P None
Home Occupation: Level 2 P SPR SPR None
Manufactured Home X X X None
Manufactured Home Park X PUD X 5 Acres
Senior Housing SPR SPR SPR 1 Acre
Senior Care Facility SPR SPR X 2 Acres
Workshop/Garage – Non-
Commercial
P P P None
Educational Use SPR SPR X None
Library SPR SPR X 1 Acre
Lodge or Club SPR SPR SUP 2 Acres
Municipal Use SPR SPR X None
Public Safety SPR SPR X ½ Acre
Public Utility SUP SUP SUP ½ Acre
Religious Institution SPR SPR SUP None
Recreation, Active SPR SPR X 1 Acre
Allowed
Principal Uses
Varna Hamlet
Mixed Use
District
(VHMUD)
Varna Hamlet
Residential District
(VHRD)
Varna Hamlet
Traditional
District
(VHTD)
Minimum
Lot Size
Recreation, Passive SPR SPR SPR None
Recreation Facility, Amusement SPR SPR X 2 Acres
Recreation Facility, Athletic SPR SPR X 2 Acres
Section 705: Varna Density Table
All residential uses in Varna are subject to the maximum number of Dwelling Units per area set
forth in the following Varna Density Table.
Dwelling type
Mixed Use (requires
commercial)1 Residential2 Traditional3
Green
development
bonus (see
section 708)
Single Family Home 6 6 4 2
Duplex (Rental) 6 4 2 X
Townhouse (Rental) 6 4 X 2
Condominium 6 4 6 2
Rental Apartments 6 2 X 2
Senior Housing 8 6 X 2
Residential over Commercial 6 X X
2
Multi Family Rental-
Detached Units X X X
1- Developments
with > 9 units must
have 2000 sq. ft. of
commercial for each
10 units. These may
be phased in over
time.
2- Multi-family units
limited to covering no
more than 40% of the
acreage remaining after
removing the open
space land.
3- No bonuses
will be granted in
the Traditional
district
Section 706: Required Green Space Table
All uses in Varna shall incorporate the amount of Green Space set forth in the following table.
Varna District Required Green Space
Varna Hamlet Mixed Use District (VHMUD) 40% of Lot
Varna Hamlet Residential District (VHRD) 60% of Lot
Varna Hamlet Traditional District (VHTD) 70% of Lot
Section 707: Area and Bulk Table
The following table includes the minimum requirements for a building lot. Unless otherwise
indicated this table does not indicate the number of lots that can be created from a parcel.
VHMUD, VHRD and VHTD
Minimum front yard setback 10 feet
Minimum side yard setback
Accessory Building with less than 15 feet Building Height
and 200 square feet or less
None or 7.5 feet if buildings
are not attached
1 foot
Minimum rear yard setback
Accessory Building less than 15 feet Building Height and
200 square feet or less
25 feet
1 foot
Minimum Lot Frontage 45 feet
A. Multi-family units in VHRD are limited to covering no more than 40% of the acreage
remaining after removing the open space land from consideration.
B. A conservation zone buffer shall be established of a 100 ft buffer from the normal high-
water bank of Fall Creek in which no landscape alteration or construction shall occur. The
width of this buffer shall be extended to include the current FEMA (Federal Emergency
Management Agency) designated 100-year flood plain. The importance of a buffer to
protect Fall Creek is described in the Dryden Natural Resource Plan, and the Dryden Open
Space Inventory, along with the importance of protecting the Designated Scenic Recreation
River section of Fall Creek which begins a short distance downstream. Buffers shall be
considered to be established for other environmentally sensitive areas within the hamlet
districts.
Section 708: Green Neighborhood Development
In addition to the density permitted in the Varna Density Table in Section 705 with the exception
of the Traditional district, a density bonus may be awarded if a Neighborhood Development
proposal achieves at least basic LEED certification (40 points) according to the most current
LEED Neighborhood Development protocol.
Section 709: Planned Unit Development
A Planned Unit Development (PUD) shall be developed in accordance with the provisions in
Article X.