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HomeMy WebLinkAbout2019-10-22PB 10-23-19 TOWN OF DRYDEN PLANNING BOARD October 23, 2019 Present: John Kiefer, Chair, David Weinstein, Craig Anderson, Martin Hatch, Thomas Hatfield, Tony Salerno, Joe Wilson (late), James Skaley (alternate) Dan Bussmann (alternate) Staff: Ray Burger, Planning Director Liaisons: Dan Lamb (Town Board), Alice Green (Town Board), Craig Schutt (Conservation Board) Chair Kiefer called the meeting to order at 6:03 p.m. Public Comment None. Dan Bussmann was given voting privileges in the absence of Joe Wilson. Approval of Minutes D Weinstein moved to approve the minutes of September 25, 2019, seconded by C Anderson. All in favor - approved SITE PLAN REVIEW EMMY'S ORGANICS 15 ROYAL ROAD R Burger explained this is a change in use of warehousing/office space at 15 Royal Road. A kitchen will now be added which makes is light manufacturing. (Joe Wilson arrived.) This is a SEAR Type II action. Applicant Ian Gaffney, 629 West Buffalo St, said they have been in business for about ten years. The business was started by him and his wife in a home kitchen. They have grown organically since and now distribute in 20,000 stores across the country. They have a staff of about 20 people in manufacturing, and about 8-10 in the office. All the products made are organic and allergen friendly. The building uses wind and solar power. They are a living wage certified employer and woman -owned business. The base pay for the manufacturing crew starts at $15.37/hour and increases from there. They are thrilled to move the business into a real manufacturing space. They are currently spread out in two buildings and a house office and they lease a warehouse. They closed last Wednesday on 15 Royal Road and have been talking with Planning Department staff about their plans. This is a Type II action so no SEAR is required. Comments/statements during discussion: • This is strictly manufacturing; no retail sales on site. Page 1 of 10 PB 10-23-19 • There are 20 delineated parking spaces. • Not all employees drive; some carpool. • There are auxiliary parking spaces on the property. • There is no effluent from the manufacturing process that needs to be disposed of. • They will not encroach on to the wetland at all. • There are two dumpsters on the property; there will be some trash & plastic to dispose of. • The dumpsters can be locked; they are not screened. • There will be deliveries (probably 1 per day) that will enter/exit via Route 13. • Over the next 5 years they will likely hire 8 people. • The gravel lot may be paved for parking expansion. • The dumpsters are not visible to the public at the south end of the lot; no need to screen. • A bike rack will be moved from their current. • Lighting will be restricted to wall -pack base lighting. County 239 review determines no negative inter -community or county -wide impacts. RESOLUTION #21(2019) — APPROVE SKETCH PLAN —15 ROYAL ROAD T Hatfield offered the following resolution and asked for its adoption: RESOLVED, that the Town of Dryden Planning Board hereby approves the sketch plan for a change of use at 15 Royal Road and waives further site plan review subject to the following conditions: 1. Owner will provide all employee parking on the site. 2. There will be no occupation of or disturbance in the wetlands on the site. 3. There will be no retail sales on the site. 4. Dumpsters will be maintained at the south end of the site. 5. Owner will provide a bike rack for employees. 6. Standard Conditions of Approval (8-14-2008). 2nd M Hatch — all in favor SITE PLAN REVIEW 2249 HANSHAW ROAD 2 Duplexes on One Lot R Burger explained that a site plan review is required when multiple dwellings are being constructed on the same lot (Zoning Law Section 606). In this case it is two duplexes totaling four dwelling units proposed for the lot. It is based on the determination that the lot, if subdivided, could be divided into one parent lot and two flag lots. That would allow up to three dwellings. Applicant has prepared a short EAF. County 239 review determined that there were no inter - community or county -wide impacts. County Highway did note a concern with the limited sight distance due to the proposed plantings along Hanshaw Road. Applicant states he will not put plantings near the driveway, though they are shown on the drawings. Page 2 of 10 PB 10-23-19 Comments/statements during discussion: • There will be one well to serve both dwellings. • Applicant is concerned that science is not good enough on heat pumps, particularly in hard winters. • He would like to use radiant heat. • HeatSmart Tompkins can provide consultation and guidance. • Applicant will do as much as he can to build green; project will be total electric. • Is one well adequate? Applicant states previous similar project was served adequately with one well. • Everything was done with an engineer. • There will be vegetation around the dumpster. • Emergency vehicle access is adequate. SEAR review Clarification on Part 1 #9 — If applicant intends to exceed the state energy code requirements, it should be explained. Applicant will use more insulation, will do a heat pump hot water heater, solar panels on the house or in the field. There will be underground electric services. The board reviewed Part 2 of the short EAF and responded as follows: 1—No 2 — No or small impact 3 — No or small impact 4—No 5 — No or small impact 6 — No or small impact 7—No 8—No 9—No 10—No 11—No RESOLUTION #22 (2019) NEG SEAR DEC — 2249 Hanshaw Road D Weinstein offered the following resolution and asked for its adoption: A. The proposed action involves site plan review for construction of two duplexes (2 units each) on a single lot at 2249 Hanshaw Road (TM #31.-1-21.324) that could have potentially been subdivided into three building lots. B. The proposed action is an Unlisted Action for which the Planning Board of the Town of Dryden is the lead agency for the purpose of uncoordinated environmental review. C. The Planning Board of the Town of Dryden, in performing the lead agency function for its independent and uncoordinated environmental review in accordance with Article 8 of the New York State Environmental Conservation Law —the State Environmental Quality Review Act "(SEAR)", (i) thoroughly reviewed the short Environmental Assessment Form, Part 1, and any and all other documents prepared and submitted with respect to this proposed action and its Page 3 of 10 PB 10-23-19 environmental review,(ii) thoroughly analyzed the potential relevant areas of environmental concern to determine if the proposed action may have a significant adverse impact on the environment; NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1) The Planning Board of the Town of Dryden, based upon its thorough review of the short EAF, Part 1, and its thorough review of the potential relevant areas of environmental concern has determined that the proposed action will have no significant adverse impact on the environment in accordance with SEQR, and 2) John Kiefer is hereby authorized and directed to complete and sign as required the determination of significance, confirming the foregoing Negative Declaration. 2"d J Kiefer Aye —J Kiefer, J Wilson, D Weinstein, M Hatch, C Anderson, T Salerno Abstain — T Hatfield RESOLUTION #23 (2019) — APPROVE SKETCH PLAN — 2249 HANSHAW ROAD M Hatch offered the following resolution and asked for its adoption: RESOLVED, that the Town of Dryden Planning Board hereby waives further site plan review and approves the sketch plan for construction of two duplexes (2 units each) on a single lot at 2249 Hanshaw Road (TM #31.-1-21.324) that could have potentially been subdivided into three building lots and waives further site plan review subject to the following conditions: 1. Dumpsters will be screened. 2. Roadside plantings will be minimized so as not to impair sight distance from the driveway. 3. The Planning Director will provide a determination with respect to the number of lots that could potentially be created from this tax parcel. That document is to be recorded in the Tompkins County Clerks Office and indexed to this parcel. 4. Standard Conditions of Approval (8-14-2008). 2nd D Weinstein Aye —J Kiefer, J Wilson, D Weinstein, M Hatch, C Anderson, T Salerno Abstain — T Hatfield T Hatfield noted that he abstained because the applicant is a client of his business. BLUEBIRD SUBDIVISION R Burger explained that on the lot at 438 Lake Road a home was recently constructed and most of it was constructed within the area labeled conservation easement. The landowner applied to the ZBA for an area variance and was denied for a lack of jurisdiction without prejudice to the applicant's right to convert the application into an application to the Planning Board to modify the conditions of the Bluebird Subdivision as they may apply to the property. There has been no subsequent application from those ZBA applicants. Page 4 of 10 PB 10-23-19 The matter came to light when the property owner had an as -built survey prepared. The town attorney gave an opinion on the day of the ZBA hearing. J Kiefer said he put this on the agenda because the board should consider and talk about the nature of the words that it is using. There is no formal conservation easement between the town and any property owner in this subdivision; a document like that does not exist. The developer used the words conservation easement and may have been referring to covenants. Discussion/comments by the board and others present: • This was approved as a conservation subdivision and by definition sets aside some amount of the property for conservation. • It is unclear that the town has any jurisdiction to enforce any the covenants written on the plat. • The board needs to consider how it protects wetlands and things that are important to it. • If the deed restrictions that show up on the plat are not enforceable by the town, then that probably needs to be reconsidered and a better way developed. • The plat is in essence a site plan for each of the individual lots. • Town Attorney has offered to come to a meeting of the Planning Board to discuss options. • There is no executed document with the property owner in this instance. • It appears adjacent property owners may be in a position to take action. • There was no distance listed on the plat for this easement. • Properties owners need to be aware of covenants and restrictions. • A resolution was presented for consideration asking that the town board consider a moratorium on future conservation subdivisions until there is decision about how to enforce in cases like this. • Enforceability and who has authority is the problem. • We need to ensure that what we intend actually come to pass. • A deed restriction doesn't appear to be a way to permanently protect open space. • It was clear that the intent was that nothing be built in the conservation easement; why can't the town enforce that? • Should a building permit be denied if someone is building in an area they aren't supposed to? • A lot of options may come in to play when we get counsel from the attorney. • The current instance meets the standard zoning; the conservation easement area is greater than the setback required by zoning. • The covenants are listed on the deed; it doesn't appear the town can enforce that. • The subdivision was approved based on a 250' restriction. • The developer should site the house. The Planning Board would like the town attorney to answer: What ability or responsibility does the town have to enforce the covenants written on the plan? Given what has occurred, what is the town's ability and the Planning Board's to do anything in response to it? How is the board able to do what it intends to do? (This is the second time in this area a condition has been ignored.) Can the building permit be revoked? • There are various ways to preserve open space; board needs to use the most effective. Page 5 of 10 PB 10-23-19 -- Is a basement a living space? R Burger said defined in code it is when part of the level is below the ground; further refinement of that is if 6' or more is exposed it then becomes a story. • Using the Varna guidelines, the intent was to have three stories in Varna. • What about a walk -out basement? • You can have a bedroom in the basement as long as it meets egress. • It's different if you go up the steps and out, or you just go straight out. • There is confusion with walkout on one side in determining whether they are three or four stories. • 40' is the highest building height in Varna. • This needs to be looked at carefully for the future. • We need to be clear about "story" and consistent in how it is used. • No need to do something completely different than what is done in other towns. • More definitions could be gathered. • The intention is to maintain the hamlet districts, limiting the building heights so that we have form related relationships between the structures in the hamlet. • The 40' limit was to accommodate things such as steeples. • This is a form characteristic and was the intention of the plan. • Using the dictionary definition could result in multiple levels underground. • This definition will apply across the town. • Suggest clarifying by adding "in relation to the ground plane." • In some instances, a building can look like 3 stories from one side and 4 stories from the other. The board took a straw poll on use of the definition of story in the 2015 Uniform Fire Prevention Building Code. Yes — J Kiefer, C Anderson, T Hatfield, T Salerno No — M Hatch, D Weinstein, J Wilson Planning board members need time to review material. D Weinstein asked if there something else he can do that would make it more understandable. J Wilson said questions can be asked via email, but taking action must be avoided. J Skaley suggested questions be submitted to the full board and those questions could be handled in a systematic way at a meeting. Should there be a special meeting to deal only with this topic? After discussion, the board decided to hold a special meeting for this topic only on October 29, 2019, at 6:00 p.m. at the DPW building. Short Term Rentals T Salerno said there are two parts to this: short-term rentals in general and the specific example of a property being used for this purpose on Mineah Road. There is the distinction of a property that is owner occupied and they are renting a room or auxiliary building or a situation where the owner does not live there and the property is used exclusively for short-term rental. According to the zoning law if a building is used only for short-term rental and is big enough for more than three people, it falls under the boarding house definition. Boarding houses are not permitted in most zones. It seems the property on Mineah Road is already in violation of current zoning. Cayuga Heights and other municipalities have allowed short-term rentals, but with limitations. In some, when the owner is not present during rental, they are limited to 30 nights per year and the property has to be registered with the municipality. If the owner is present the limit is something like 45 nights per Page 8 of 10 PB 10-23-19 year. The problem is what the impact of short-term rentals has on communities. It is hard to determine just how many people are doing this in the town. Comments during discussion: • Cayuga Heights has different rules for properties in closer proximity to Cornell. • How does a trade of homes for vacation purposes fall in to this? • You need to pass legislation that is enforceable and can be implemented. • How to determine whether homeowners are in compliance or how many nights it is rented. • Fines for violation would need to be large enough to make a difference. • Generally laws and rules are enforced after a complaint. • Does the town have resources to verify whether each house is doing short-term rental? • We don't want to affect standard rental properties. • There is an impact on water and septic. • Septic is a health department issue. • Should a water test be required? • A permit process could trigger health department involvement. J Kiefer asked that T Salerno and D Bussmann provide written recommendations based on their reading of other regulations and include definitions. D Bussmann said they could provide a bullet list of things that could be incorporated into regulations. M Hatch suggested that they incorporate flexibility and be broad in thinking about the future. Things are changing. Planning Department Staffing Needs R Burger presented a list of department activity for 2019 year to date (attached). The department consists of himself (Planning Director), two code enforcement officers and admin support. He presented numbers compiled by the Ithaca Voice of neighboring municipalities. Most complaints are resolved without having to do a real enforcement action. There is a history of notices of violations being turned over to the court and the court doesn't want to act unless is a pretty significant record and an attorney present (a significant expense to the town). They try to avoid getting to the point of having the court involved. He anticipates more instances of enforcement of conservation easements. • Can the Town Board take some action to make conservation easements more enforceable? • We need to use a better document for open space preservation. • The Conservation Board has agreed to take on the stewardship tasks for conservation easements. • A larger fee could be charged for conservation subdivision. • There would need to be more revenue to cover expenses of enforcement. • How much department time is spent on site plan review, special use permit review, subdivision reviews? Some are a few hours, some are hundreds of hours. • A department activity comparison to previous years would be helpful. • There is a contractors yard and spools of wire on Royal Road/Hanshaw Road that is not being addressed. Because of lack of staff? There was a letter written, but it has not been pursued. • Is there a lack of legal resources to fight these issues? • There a dozen or so problem sites and each gets a little attention as CEOs can budget the time. • What is the impact of this on quality of life in the community? • Would an increase in more staff time help cure the situation? Page 9 of 10 PB 10-23-19 • It may be difficult to ask for funding for more staff when the Town Board has asked the Highway Department to reduce their budget substantially this year. • If the town is promoting more economic development and more building, it puts more stress on the Planning Department and Code Enforcement. RESOLUTION #25 (2019) — REQUEST THAT TOWN BOARD REVIEW PLANNING DEPARTMENT RESOURCES AND TAKE ACTION RESOLVED, that the Town of Dryden Planning Board hereby requests that the Town Board consider: • Revisiting and revising fees charged by the Planning Department; • Establishing a legal reserve fund in the budget process to accumulate funds be used for enforcement of the town Zoning Law and prosecuting violators, and contribute to it annually; and • Review staffing in the Planning Department to determine whether those resources are adequate to properly enforce the laws and codes they are charged with enforcing. 2n1 M Hatch — all in favor There being no further business, on motion made, seconded and unanimously carried, the meeting was adjourned at 8:35 p.m. Respectfully submitted, Bambi L. Avery Page 10 of 10 RESPONSE to QUESTIONS RAISED IN OUR LAST MEETING: 1. Has the committee talked with any developers? • There has not been this conversation. These conversations will be occurring during the Comprehensive Plan updating process. Since balancing their considerations with the stated goals of the Varna Plan could be a lengthy undertaking, any modifications to these revised regulations that need to be made as a result of these conversations can be made during or after that process. 2. Is there is a market for this type of housing/scale? We need something that will work. If there is no demand, it won't work. • INHS is very interested in building in Varna, both for sale and for rent. • Markets change over time. It is better to shape the community we want than to let it be shaped by current market forces, only to wind up with a community that no one wants, not even the future market forces. 3. The table presented would have to be compared to the current table. • The current table was presented in the pdf sent containing the current Article VII. • The revised table was presented in the pdf sent containing the revised Article VII. 4. There are tiny distinctions between the residential and mixed-use districts. • There is an average of 25% density differences for all housing types except single family homes. 5. The redevelopment definition may be vague; if not necessary, eliminate it. • It has been eliminated in the latest version. 6. There is concern about single family homes or duplexes being able to meet LEED standards and the expense involved. • These have now been exempted from this requirement. 7. Can the town identify its own energy standard? • Two documents, one identifying what is wrong with using the current LEED methodology, and a second outlining what should be in a Varna/Dryden standard (still needing points assessment added), have been distributed. 8. Could the energy stretch code be used? • This code could easily be incorporated in the Varna/Dryden standard for environmentally friendly development. 9. Input should be sought from developers. • See comment made for #2 above. 10. The County hasn't seen this proposal. • The County will have an opportunity to weigh in before the proposal goes to the Town Board. 11. Development will happen in Varna; do we want to guide it? • Guiding development is what planning is all about. 12. The Planning Director needs to weigh in. 0 He has this opportunity. 13. Some changes will be made to the proposed resolution resulting from the discussion. • The changes spelled out above have been made. 14. Ray Burger asked for a track changes document. • This has been provided. 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, nide 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 User 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 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 famished rooming house shall be deemed a Boarding House. 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. 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. 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(1)]. 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 § 413.20)]. Dwelling — A house, apartment, or other place of residence. 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 Building of (- ) or more ¢` �Fiillrig Ui.NTj earilrC!= whioh shares at least one oommen wall with an adjaeent Dwelling Unit. Far- the Putposes of this Law, e3ceept whe speeifleally stated other- i ore n, a Tawnhouse Dwelling shall be eenstrue a asa-farrr. of Nfulti Family Dwelling. 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. 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. 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 vehicle 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--Theafea of a dc,vc?opmt or Pa t l „ �� 0 ,,o of total Lot Area) as well as green mrrstrctufe +rn.rrater fueinzcresn p- vpase sct -cJrc, swales a -ad 60 f t arca of a grcen feef if not aeoessible by or is blpa to the pub-lize' and ; eludi g parks, dedioateR Open paee lands aareas (pia tin v lu m parking lot islands), �.'1, 1 rl ) g , ) 13 b "/) iuviuuui�, sidewalks-v grails used , irutendod to enhance 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 stonnwater facilities Open Space set aside include swales and paries, 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. 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. Home Occupation: Level I — 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 exterior 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 10 conditioin 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. 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 existing parcels. Lot Consolidations erase parcel lines so that only one parcel remains. 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). 11 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 defiinitions 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 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 requierd 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 12 (100) cubic yards of minerals 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 repeated towing. Mobile Home shall mean units designed to be used exclusively for residential purposes, excluding travel trailers. Motel — See Rotel. 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. 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 13 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. 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. 14 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 perscriptive 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. 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 15 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. Redevelopment The existing property i eeeufS7 Redevelopment — A process to rebuild or restore an area in a measurable state of decline, disinvestment, or abandonment undertaken in accordance with a redevelopment plan adopted by a municipality or to transform an underutilized or distressed area into an economically viable and productive part of the community 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. 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. [col 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 medical 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 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. 17 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 — A story is any level part of a building with a floor that could be used by people (for living, work, storage, recreation). A building that has four levels, including the ground/earth level has four stories but three floors. This is because the ground floor does not count as a floor. _The floor above is 1st floor, second floor, third floor + the ground floor = three floors, yet four stories. Stories refer to the overall height of the building. 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 Strictures 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. 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. 18 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. 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.) 19 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 formoff development, and future development is unlikely. Home Occupations are the primary commercial activity in this district. Agriculture 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 forspecified 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. HamletVHRD Varna [CC71Rilll�SGrltt T-hc-of af�l�€-Var�:a Hur•:�le, ?�:,sidential msidefAial neighbor -hoods, and aeeetnmadate existing neighbor -heeds. Lots in this dist-riet will be large enough to aeea adate signifieant residential development. without affeeting ehar-aetef f the r, , 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. 20 VHTD Varna Hamlet m dit l Di t + The purpose of the Varna Hanle oral Distriet–(VHTD) is t., fastef development e iren entally sensitive areaa. This area s along F ll�dlc, an important drai ragp ar the hamlet. Lot sizes and ft4in+ited Gynoun't of development that is sensitive to th— and designed in a more cnal m-annoi arc preferred. VHTD – Varna Hamlet Traditional District 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 Creels, 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. 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 21 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. H. 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. One Parcel 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, 22 ARTICLE VII: VARNA — Article VII is to be replaced in its entiretv by the following: Section 700: Purpose The Duroose of Article VII of this zoning law is to Drovide the structure and rules for development in accordance with the Varna Communitv Development Plan (VCDP) as adopted. This Article creates distinct zones and a Traditional Neighborhood Overlav within the hamlet of Varna, alone with rules relative to maintaining form in an effort to implement the goals set forth in the Varna Community Development Plan. Section 702: Applicability This article applies only to the three zoning districts that are within the Hamlet of Varna: The____ Deleted: which constitute 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 Communitv Development Plan as adopted as an amendment to the Town ComDreliensive Plan. Section -703: Definitions Refer to the ouroose 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). Section 704: Design Guidelines and Standards All development and re -development of Lots and property in Varna shall comply with the Van1a 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. Deleted: 701 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 curbcuts 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 705: Varna Use Regulations Deleted: 702 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 Stricture larger than 5,000 square feet without a Special Use Permit. 2. All exemptions in Section 603 shall also apply in Varna. Allowable Use Groups Chart. In the following: Deleted: 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 Varna Hamlet Varna Hamlet Varna Hamlet Minimum Principal Uses Mixed Use Residential District Traditional Lot Size District (VHRD) District (VHMUD) (VHTD) 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 Bed And Breakfast Establishment SPR Boarding House Day Care Center Gasoline Station General Office Building Hotel/Motel Industry, Light Inn Nursery/ Greenhouse, Retail SPR SPR SPR SPR SPR SUP/SPR SPR SPR X 4 :7 SPR SPR X SPR IX SUP/SPR SPP. I SPR Professional Office SPR SPR Restaurant SPR X Retail Business SPR I X X I Acre SPR SPR X X X X X SPR X SPR X X None Y< Acre Il Acre I2 Acres 1 Acre I1 Acre 12 Acres jyz Acre I I Acre Pone (None (None a 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 Varna Hamlet Varna Hamlet Varna Hamlet Minimum Principal Uses Mixed Use Residential District Traditional Lot Size District (VHRD) District (VHMUD) (VHTD) Bed and Breakfast, Home SPR SPR SPR None Congregate Care Facility SPR SPR X I Acre Day care home, Family SPR SPR SPR None Day Care, Family Group SPR SPR SPR None Dwelling, accessory unit (See § SPR SPR SPR None 1311) 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 Horne Occupation: Level l 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 I Acre Senior Care Facility SPR SPR X 2 Acres Workshop/Garage — Non- P P P Norte Commercial Educational Use SPR SPR X None Library SPR SPR X l Acre Lodge or Club SPR SPR SUP 2 Acres Municipal Use SPR SPR X None Public Safety SPR SPR X I%z Acre Public Utility SUP SUP SUP %z Acre Religious Institution SPR SPR SUP None Recreation, Active SPR SPR X 1 Acre Allowed Varna Hamlet Varna Hamlet Varna Hamlet Minimum Principal Uses Mixed Use Residential District Traditional Lot Size District (VHRD) District (VHMUD) (VHTD) Recreation, Passive SPR SPR SPR (None Recreation Facility, Amusement SPR SPR I X I2 Acres Recreation Facility, Athletic SPR SPR X I2 Acres Section.706: Varna Density Table - j Deleted: 703 All residential uses in Varna are subject to the maximum number of Dwelling Units per area set forth in the following Varna Density Table. Mixed Use (requires Development type commercial)z Residential Traditional Single Family Home 8 8 4 Duplex (Rental) 1 8 6 2 Townhouse 8 6 X Condominium 8 6 6 Rental Apartments 8 4 X Senior Housing 10 8 X 8 d.u. per 2,000 square Residential over Commercial feet t X X Multi Family Rental- Detached Units X X X 1- Developments with > 9 units must 2- Multi -family units have 2000 sq. ft. of commercial for each limited to covering no 10 units. These may be phased in over more than 40% of the time. acreage remaining after removing the open space land. Section 707: 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 Deleted: =--=Section Break (Continuous)- Section 704 Varna Hamlet Mixed Use District (VHMUD) Varna Hamlet Residential District (VHRD) Varna Hamlet Traditional District (VHTD) Section.708: Area and Bulk Table 40% of Lot 60% of Lot 70% of Lot J The following table includes the minimum requirements for a building lot: Unless otherwise indicated this table doers not indicate the number of lots that can be created from a parcel. '��AXN.'�"^".E,�,�,sl:'ts:.'-.,,'1?s,�s?;a"�;t.n'��G>�1;'^t `ir;+fi•�n a�':t�':%%`<i -- - - .- -.-. VHMUD,VHRDand VHTD' 10 feet None or 7.5 feet if buildings are not attached I foot 25 feet 1 foot 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 designated FEMA designated 100-vear flood plain. The importance of a buffer to protect Fall Creels 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. ..I Deleted: 705 Section.709: Green Neighborhood Development; Additional Density ( Deleted: Toe New structures shall conforni to the latest LEED standards with an emphasis on maximizing —j Deleted: In addition to the density permitted energy conservation. Given this requirement, no bonuses will be included in the allowable zoning; densities. Every use in the Varna Density Table in Section 703, requires that each Neighborhood i Deleted: a density bonus maybe awarded if a Development proposal achieves at least basic LEED certification (40 poirlts� Deleted: according to the 2009 u=_I=_D Neighborhood 1 Development protocol. Section 710: Planned Unit Development j Deleted: 707: Redevelopment; Additional Density .„ f l l Planned Unit Development (PUD) —An area of land intended to provide for a variety of land uses and structures which shall include both commercial and residential 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 lavout of highways, public utilities and other Municipal Facilities. Planned Unit Developments best serve as nodal areas connected to and/or serving several adioining neighborhoods. A Planned Unit Development (PUD) shall be developed in accordance with the provisions in Article X. Page 6: [11 Deleted David Alan Weinstein 10/21/19 12:32:00 PM 707: Redevelopment; Additional Density In addition to the density permitted in the Varna Density Table in Section 703, a density bonus may be awarded Redevelopment of existing tax parcel(s) according to the table in Section 703. For purposes of this section a tax parcel shall be determined according to the 2012 final assessment toll. The Redevelopment Bonus may be computed on either a per acre or tax parcel basis, whichever produces the largest bonus. In addition to the density bonus provided in subsection (A) above, an additional density bonus may be awarded if Redevelopment of an existing tax parcel achieves at least a basic LEED certification. Section Break (Next Page Section 708 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, along with rules relative to maintaining form in an effort to implement the goals set forth in the Varna Community Development Plan. 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. 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). Section 704: 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 fiirniture (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 curbcuts 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 705: 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 Pen -nit. 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 Varna Hamlet Varna Hamlet Varna Hamlet Minimum Principal Uses Mixed Use Residential District Traditional Lot Size I'/a Acre District (VHRD) District X I1 Acre (VHMUD) I SPR (VHTD) I X 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 I None Boarding House I SPR I SPR SPR I'/a Acre Day Care Center I SPR I SPR X I1 Acre Gasoline Station I SPR I X I X I2 Acres General Office Building I SPR I SPR I X I1 Acre Hotel/Motel I SPR I X I X I1 Acre Industry, Light I SUP/SPR I SUP/SPR I X 12 Acres Inn I SPR I SPR I SPR I% Acre Nursery/ Greenhouse, Retail I SPR I SPR I X I1 Acre Professional Office I SPR I SPR I SPR INone Restaurant I SPR I X I X INone Retail Business I SPR I X I 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 Varna Hamlet Varna Hamlet Varna Hamlet Minimum Principal Uses Mixed Use Residential District Traditional Lot Size District (VHRD) District (VHMUD) (VHTD) Bed and Breakfast, Home SPR SPR SPR None 1 Congregate Care Facility I SPR SPR X 11 Acre Day care home, Family I SPR I SPR I SPR IN one Day Care, Family Group I SPR I SPR I SPR IN one Dwelling, accessory unit (See §I SPR SPR SPR 1311) I I INone Dwelling, multi -family I SPR I SUP I SUP I I Acre Dwelling, single-family I P I P I P IN one Dwelling, two-family I SPR I SPR i SPR 110,000 square feet Dwelling, upper -floor apartments I SPR I SPR I SPR I None Elder Cottages I See Section 1305 I See Section 1305 I See Section 1305 IN one Home Occupation: Level 1 I P P I P IN one Home Occupation: Level 2 I P SPR I SPR IN one Manufactured Home I X X I X IN one Manufactured Home Park I X PUD I X 15 Acres Senior Housing I SPR SPR I SPR I1 Acre Senior Care Facility I SPR I SPR I X 12 Acres Workshop/Garage — Non -1 P P P one Commercial I I IN Educational Use I SPR I SPR I X IN one Library I SPR I SPR I X I1 Acre Lodge or Club I SPR I SPR I SUP I2 Acres Municipal Use I SPR I SPR I X INone Public Safety SPR SPR X '/2 Acre Public Utility SUP SUP SUP % Acre Religious Institution SPR SPR SUP None Recreation, Active SPR SPR X 1 Acre Allowed Varna Hamlet Varna Hamlet Varna Hamlet Minimum Principal Uses Mixed Use Residential District Traditional Lot Size 8 District (VHRD) District (VHMUD) feet (VHTD) X Recreation, Passive SPR SPR SPR None Recreation Facility, Amusement SPR SPR X 2 Acres Recreation Facility, Athletic SPR SPR X 2 Acres Section 706: 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. Section 707: Required Green Space Table All uses in Varna shall incorporate the amount of Green Space set forth in the following table. Varna District I Required Green Space Mixed Use (requires Development type commercial)2 Residential Traditional Single Family Home 8 8 4 Duplex (Rental) 8 6 _ 2 Townhouse 8 6 X Condominium 8 6 6 Rental Apartments 8 4 X Senior Housing 10 8 X 8 d.u. per 2,000 square Residential over Commercial feet X X 1 Multi Family Rental- Detached Units X X X 1- Developments with > 9 units must 2- Multi -family units have 2000 sq. ft. of commercial for each limited to covering no 10 units. These may be phased in over more than 40% of the time. acreage remaining after removing the open space land. Section 707: Required Green Space Table All uses in Varna shall incorporate the amount of Green Space set forth in the following table. Varna District I 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 708: 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 10 feet None or 7.5 feet if buildings are not attached 1 foot 25 feet 1 foot 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 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. ,Section 709: Green Neighborhood Development; Additional Density New structures shall conform to the latest LEED standards with an emphasis on maximizing energy conservation. Given this requirement, no bonuses will be included in the allowable zoning densities. Every use in the Varna Density Table in Section 703, requires that each Neighborhood Development proposal achieves at least basic LEED certification (40 points) Section 710: Planned Unit Development Planned Unit Development (PUD) An area of land intended to provide for a variety of land uses and structures which shall include both commercial and residential 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. Planned Unit Developments best serve as nodal areas connected to and/or serving several adjoining neighborhoods. A Planned Unit Development (PUD) shall be developed in accordance with the provisions in Article X. Planning Department activity for - 2019 Building permits: 194 Zoning permits: 93 Special Use Permit Reviews: 16 ----------- Site Plan Reviews: 21 Variance reviews: 21 Fire safety inspections: 99 Building inspections: 400 (Certificates of Occupancy/Compliance: 44 (Subdivisions: 35 (Violation notices: 21 IComplaints: 39 IFire calls: 14 (Training hours: 112 Town of Dryden Planning Board Meeting October 23, 2019 Name - {Please Print} c V4Ir D�� iNns�Fll 6AI e, 4-4 tj v Address or Board Li5.1 Lake Ra DK./dev) 5Ck,k w