HomeMy WebLinkAboutLL-2022-No1-UpdatedZoningLaw.pdfPage 2 of 4DOS-0239-f-l (Rev. 04/14)
Local Law Filing
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
Local Law No. of the year 20
A local law
(Insert Title)
Be it enacted by the of the
(Name of Legislative Body)
as follows:
(If additional space is needed, attach pages the same size as this sheet, and number each.)
County City Town Village
of
(Select one:)
County City Town Village
of
(Select one:)
New York State Department of State
Division of Corporations, State Records and Uniform Commercial Code
One Commerce Plaza, 99 Washington Avenue
Albany, NY 12231-0001
www.dos.ny.gov
Page 3 of 4DOS-0239-f-l (Rev. 04/14)
* Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis or, if there
be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is
vested with the power to approve or veto local laws or ordinances.
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1.(Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the (County)(City)(Town)(Village) of was duly passed by the
on 20 , in accordance with the applicable(Name of Legislative Body)
provisions of law.
2.(Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective
Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the (County)(City)(Town)(Village) of was duly passed by the
on 20
(Name of Legislative Body)
(repassed after disapproval) by the and was deemed duly adopted
(Elective Chief Executive Officer*)
on 20 , in accordance w ith the applicable provisions of law.
3.(Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the (County)(City)(Town)(Village) of was duly passed by the
on 20 , and was (approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval) by the on 20 .
(Elective Chief Executive Officer*)
Such local law was submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative
vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on
20 , in accordance with the applicable provisions of law.
4.(Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the (County)(City)(Town)(Village) of was duly passed by the
on 20 , and was (approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval) by the on 20 . Such local
(Elective Chief Executive Officer*)
law was subject to permissive referendum and no valid petition requesting such referendum was filed as of
20 , in accordance with the applicable provisions of law.
, and was (approved)(not approved)
Local Law No 1 of 2022
A Local Law to Repeal and Replace the Town of Danby Zoning Ordinance with an Updated
Zoning Law
Section 1. Title: A local law to repeal and replace the Town of Danby Zoning Ordinance with
an Updated Zoning Law
Section 2. Enactment: Be it enacted by the Town Board of the Town of Danby as follows:
Section 3. Body: The Town of Danby hereby repeals the Town of Danby Zoning Ordinance,
last Amended September 23, 2020, and replaces said Zoning Ordinance with the appended
Zoning Law.
Section 4. Effective: This local law shall take effect immediately, however projects before the
Planning Board as of December 21, 2021 may, for six months from the enactment, be
considered and approved or denied under the zoning applicable on December 21, 2021.
Vote Recorded on Tuesday 4 January 2022:
Councilperson Aye Nay Absent
Connors X
Hunter X
Schnabel X
Woodworth X
Gagnon X
Mary Ann Barr 2021
T he Town of Danby, New York
1830 Danby Road, Ithaca, NY 14850
https://danby.ny.gov
Janice Adelman, Town Clerk
Cindy Katz, Deputy Town Clerk
+1-607-277-4788 | clerkoffice@danby.ny.gov
Zoning Law Town of Danby, New York
Presented to the Town Board
of the
Town of Danby
December 10th, 2021
Adopted Jan. 4, 2022
E MILLER RD
MI
C
H
I
G
A
N
H
O
LL
O
W
R
D
CURTIS RD
BRO
W
N RD
C
O
M
F
O
R
T
R
D
HILL RD
FISHER SETTLEMENT RD
TROY RD
PETER RD
W
K
I
N
G
R
D
DURFEE HILL RD
NELSON RD
MUZZY RD
LIEB RD
STATION RD
LARUE RD
S T E A M MILL R D
UPDIKE
RD
GUNDERMAN RD
YA P L E R D
LAYEN RD
MARSH RD
RIDGECREST RD
DAWES HILL RD
W JERSEY HILL RD
B
A
L
D
H
I
L
L
R
D
GILBERT RD
HORNBROOK RD
TRAVOR RD
BRUCE HILL RD
HILLTOP RD
HEISEY RD
S Y L V A N L N
MAPLE AVE
SHORT RD
JOHN HILL HOWLAND RD
W A L D I N G L A
OLSEFSKI RD
B E A R D S L E Y L A
BEECH HILL RD
B U T T E R M I L K L A
VAN DE BOGART RD
MAKARAINEN RD
BRENDA LEE LANE
AMY LA
P
A
T
C
H
E
N
C
T
HOWARD RD
OL DE TO WN E R D
DURFEE HILL RD
L
A
R
U
E
R
D
HILL RD
B
R
U
C
E
H
I
L
L
R
D
D
A
N
B
Y
R
D
S
P
E
N
C
E
R
R
D
CODDINGTON RD
SOUTH DANBY RD
COMFORT RD
N
E
L
S
O
N
R
D
B A L D HIL L R D
H
I
L
L
V
I
E
W
R
D
H O R N B R O O K R D
J
E
R
S
E
Y
H
I
L
L
R
D
W MILLER RD
T
R
O
Y
R
D
STATION RD
GUNDERMAN RD
Aquifer High Vulnerability Overlay
Habitat Corridor Overlay
Perenial Str eams 100ft Buffer Overlay
Intermitent Streams 50Ft Buffer Overlay
Com me rcial C
Com me rcial B
Existin g Plan ned Develop men t
Ham let Cent er
Ham let Neigh bor hood
Low D ensity R esident ial
")")")")")")")")")")")")")
")")")")")")")")")")")")")
")")")")")")")")")")")")")
")")")")")")")")")")")")")
")")")")")")")")")")")")")
")")")")")")")")")")")")")
")")")")")")")")")")")")")Rur al2
Rur al1
High Pr ior it y Preser vati on
Town o f Danb y Zoning Map 1 2-10-2 1
Adopted by the Town Board 1-4-22
Zoning Law Adopted 1-4-2022
1
Table of Contents –
ARTICLE I: TITLE ........................................................................................................... 4
ARTICLE II: PURPOSE ................................................................................................... 4
Section 200 - PURPOSE ................................................................................................. 4
ARTICLE III: DEFINITIONS ........................................................................................... 4
Section 300 - INTERPRETATION ................................................................................ 4
Section 301 - DEFINED TERMS ................................................................................... 4
ARTICLE IV: ESTABLISHMENT OF ZONES .............................................................. 4
Section 400 - ZONES ..................................................................................................... 4
Section 401 - MAP ......................................................................................................... 5
Section 402 - ZONE BOUNDARIES ............................................................................. 5
ARTICLE V: GENERAL PROVISIONS ......................................................................... 6
Section 500 - APPLICATION ........................................................................................ 6
Section 501 - USE AND OCCUPANCY ....................................................................... 6
Section 502 - LIMITATION OF UNITS ........................................................................ 6
Section 503 - BUILDING FLOOR AREA ..................................................................... 6
Section 504 - CREATION OF SUBSIZE LOT .............................................................. 6
Section 505 - PRE-EXISTING LOTS ............................................................................ 6
Section 506 - TOMPKINS COUNTY HEALTH DEPARTMENT APPROVAL ......... 6
Section 507 - BUILDING CODE COMPLIANCE ........................................................ 7
Section 508 - PORCHES AND CARPORTS. ................................................................ 7
Section 509 - FENCES AND WALLS ........................................................................... 7
Section 510 - YARDS ..................................................................................................... 7
Section 511 - ................................................................................................................... 8
Section 512 - ACCESSORY BUILDINGS. ................................................................... 8
Section 513 - SIGNS AND BILLBOARDS ................................................................... 8
Section 514 - PROHIBITED USES ................................................................................ 9
Section 515 - EXCAVATIONS, ABANDONED CONSTRUCTION AND
DESTROYED BUILDINGS .............................................................................. 9
Section 516 - LIMITATION ON CHURCHES, SCHOOLS, ETC ................................ 9
Section 517 - STORMWATER REQUIREMENTS ...................................................... 9
Section 518 - PROHIBITION AGAINST THE EXPLORATION FOR OR
EXTRACTION OF NATURAL GAS AND/OR PETROLEUM .................... 10
Section 519 - INVALIDITY OF OTHER GOVERNMENTAL PERMITS. ............... 10
ARTICLE VI: ZONE REGULATIONS .......................................................................... 11
Section 600 - HIGH PRIORITY PRESERVATION ZONE ........................................ 11
Section 601 – RURAL 1 ZONE ................................................................................... 13
Section 602 – RURAL 2 ZONE ................................................................................... 17
Section 603 - LOW DENSITY RESIDENTIAL ZONE .............................................. 20
Section 604 HAMLET NEIGHBORHOOD ZONE – .................................................. 23
Section 605 HAMLET CENTER ZONE ...................................................................... 27
Section 606 – COMMERCIAL ZONES ...................................................................... 32
Zoning Law Adopted 1-4-2022
2
Section 607 - PLANNED DEVELOPMENT ZONES ................................................. 37
Section 608 - MOBILE HOME PARK ZONE ............................................................. 38
Section 609 Aquifer High Vulnerability Overlay Zone – The purpose ........................ 41
Section 610 Riparian Buffer Overlay Zone – The purpose .......................................... 44
Section 611 Habitat Corridor Overlay Zone – The purpose ......................................... 45
Section 612 Agricultural Support Small Scale Commercial & Light Industry Floating
Zone – The purpose .......................................................................................... 46
ARTICLE VII: SPECIAL REGULATIONS ................................................................... 47
Section 700 - APPLICATION ...................................................................................... 47
Section 701 - ENCLOSURE OF EXCAVATION SITES ............................................ 47
Section 702 - ABANDONMENT OF QUARRIES, ETC ............................................ 47
Section 703 - PUBLIC GASOLINE FILLING STATIONS AND GARAGES .......... 47
Section 704 - JUNK YARDS ....................................................................................... 48
Section 705 - OFF-STREET PARKING ...................................................................... 48
Section 706 - MOBILE HOMES AND MOBILE HOME PARKS ............................. 49
Section 707 - LIGHT INDUSTRIAL ESTABLISHMENTS ....................................... 51
Section 708 - FLOOD HAZARD PROTECTION ....................................................... 51
Section 709 - WIRELESS COMMUNICATION FACILITIES .................................. 51
Section 710 - ADULT ENTERTAINMENT BUSINESSES. ...................................... 52
Section 711 - STORMWATER REQUIREMENTS .................................................... 53
Section 712 - GROUNDWATER PROTECTION REQUIREMENTS ....................... 53
Section 714 - SOLAR ENERGY SYSTEMS ............................................................... 59
ARTICLE VIII: SITE PLAN REVIEW AND APPROVAL PROCEDURES. .............. 62
Section 800 – SITE PLAN REVIEW FOR APPLICATIONS FOR REZONING ....... 62
Section 801 - SITE PLANS REQUIRED FOR SITE PLAN REVIEW ....................... 64
Section 802 - FINAL SITE PLAN APPROVAL AND MODIFICATIONS OF SITE
PLANS .............................................................................................................. 65
Section 803 - WAIVER OF REQUIREMENTS RELATED TO SITE PLAN ............ 67
Section 804 - PUBLIC HEARING NOTIFICATION PROCEDURES FOR SITE
PLANS .............................................................................................................. 67
Section 805 - GENERAL CONSIDERATIONS .......................................................... 68
Section 806 - OTHER PROVISIONS REGARDING SITE PLANS ........................... 70
Section 807 - FAILURE OF TIMELY ACTION BY TOWN BOARD OR
PLANNING BOARD ....................................................................................... 71
Section 808 - SOLAR ENERGY FACILITY ............................................................... 71
ARTICLE IX: SPECIAL PERMITS ............................................................................... 73
Section 900 - GENERAL PROVISIONS ..................................................................... 74
Section 901 - GENERAL CONSIDERATIONS REQUIRED FOR ALL SPECIAL
PERMITS AND SITE PLAN REVIEW .......................................................... 75
Section 902 - ADDITIONAL SITE PLAN REVIEW CONSIDERATIONS FOR
COTTAGE INDUSTRY ................................................................................... 76
Section 903 - PROCEDURE FOR SPECIAL PERMITS ............................................ 76
Section 904 - FLOOD HAZARD AREAS ................................................................... 77
Section 905- ENVIRONMENTAL REVIEW .............................................................. 77
Zoning Law Adopted 1-4-2022
3
ARTICLE X: NON-CONFORMING USES. .................................................................. 77
Section 1000 - NONCONFORMING LOTS OF RECORD ........................................ 77
Section 1001 - NONCONFORMING USES OF LAND.............................................. 77
Section 1002 - NONCONFORMING STRUCTURES ................................................ 78
Section 1003 - NONCONFORMING USES OF STRUCTURES ............................... 78
Section 1004 - CONTINUATION OR RESUMPTION OF FARM USES ................. 79
Section 1005 - CONTINUATION OF CONSTRUCTION .......................................... 79
Section 1006 - ALTERATIONS IN USE ..................................................................... 79
Section 1007 - RESTORATION .................................................................................. 80
Section 1008 - BOARD OF APPEALS DETERMINATION ...................................... 80
Section 1009 - STORMWATER REQUIREMENTS .................................................. 80
ARTICLE XI: ADMINISTRATION ............................................................................... 80
Section 1100 – ENFORCEMENT ................................................................................ 80
Section 1101 BUILDING PERMIT, CERTIFICATE OF OCCUPANCY,
TEMPORARY CERTIFICATE, CERTIFICATE OF COMPLIANCE,
OPERATING PERMIT .................................................................................... 81
Section 1102 - SPECIAL CONDITIONS FOR DOUBLEWIDE MOBILE HOMES . 81
Section 1103 - BOARD OF APPEALS ........................................................................ 82
Section 1104 - VARIANCES ....................................................................................... 84
Section 1105 – PLANNING BOARD .......................................................................... 84
Section 1106 - VIOLATIONS AND PENALTIES ...................................................... 87
ARTICLE XII: AMENDMENTS. ................................................................................... 87
Section 1200 - AUTHORITY TO AMEND ................................................................. 87
ARTICLE XIII: MISCELLANEOUS. ............................................................................ 88
Section 1300 - INTERPRETATION OF LOCAL LAW .............................................. 88
Section 1301 - VALIDITY ........................................................................................... 88
Section 1302 - EXISTING ZONING ORDINANCE AMENDED, RE-ADOPTED
AND RE-ENACTED ........................................................................................ 88
Section 1303 - EFFECTIVE DATE ............................................................................. 88
ARTICLE XIV: RESERVED .......................................................................................... 88
ARTICLE XV: CLUSTER SUBDIVISION AND CLUSTER OF DEVELOPMENT
RIGHTS ............................................................................................................................ 88
Section 1500 – PURPOSE ............................................................................................ 89
Zoning Law Adopted 1-4-2022
4
ARTICLE I: TITLE
TOWN OF DANBY, NEW YORK, ZONING LOCAL LAW
ARTICLE II: PURPOSE
Section 200 - PURPOSE. For the purpose of promoting the health, safety, morals,
and the general welfare of the community, and in furtherance of the Town of Danby
Comprehensive plan, to lessen congestion on the highways, to secure safety from fire,
panic, and other dangers, to protect the environment, to provide adequate light and air, to
prevent the overcrowding of land, to avoid undue concentration of population, to
facilitate the adequate provisions of transportation, water, sewerage, schools, parks and
other public requirements, under and pursuant to the laws of the State of New York, the
size of the buildings and other structures, the percentage of the lot that may be occupied,
the size of the yards, the density of population, and the location and use of buildings,
structures and land for trade, residence or other purposes, are hereby restricted and
regulated as hereinafter provided.
ARTICLE III: DEFINITIONS
Section 300 - INTERPRETATION. Except where specifically defined herein all words
used in this Local Law shall carry their customary meanings. Words used in the present
tense include the future, and the plural includes the singular; the word "lot" includes the
word "plot;" the word "shall" is intended to be mandatory; and the words "occupied" or
"used" shall be considered as though followed by the words "or intended, arranged, or
designed to be used or occupied" and the word "he" includes "it" and "she".
Section 301 - DEFINED TERMS. Certain specific words and terms used in this Local
Law are to be interpreted as defined in Appendix I hereto and hereby made a part of this
Local Law.
ARTICLE IV: ESTABLISHMENT OF ZONES
Section 400 - ZONES. The Town of Danby is divided into the following types of zones
(also sometimes hereinafter referred to as "Districts"):
1. High Priority Preservation
2. Rural 1
3. Rural 2
Zoning Law Adopted 1-4-2022
5
4. Low Density Residential Zone.
5. Hamlet Neighborhood
6. Hamlet Center
7. Commercial
8. Planned Development Zone.
9. Mobile Home Park Zone.
10. Aquifer High Vulnerability (AHV) Overlay Zone.
11. Stream Setback Overlay Zone
12. Habitat Corridor Overlay Zone
13. Agricultural Support Commercial Uses Floating Zone
Section 401 - MAP. Zones are bounded as shown on a map entitled "Zoning Map Town
of Danby," adopted January 4, 2022, and signed by the Town Clerk. New zones may be
created as set forth in this Local Law. The boundaries of the Aquifer High Vulnerability
(AHV) Overlay Zone are established herein as delineated on a map entitled “Aquifer
High Vulnerability (AHV) Overlay Zone Map, Town of Danby,” dated January 4, 2022
and kept on file in the office of the Town Clerk.
Section 402 - ZONE BOUNDARIES. Where uncertainty exists with respect to the
boundaries of any of the aforesaid zones as shown on the Zoning Map, the following
rules shall apply:
1. Where zone boundaries are indicated as approximately following the center lines
of streets or highways, street lines, or highway right-of-way lines, such center
lines, street lines, or highway right-of-way lines shall be construed to be said
boundaries.
2. Where zone boundaries are so indicated that they approximately follow the lot
lines as shown on plots of record at the time this Local Law becomes effective, or
lot lines on plots of record at the time of any amendment rezoning an area, then
such lot lines shall be construed to be said boundaries.
3. Where zone boundaries are so indicated that they are approximately parallel to the
center lines of street lines or streets, or the center lines or right-of-way lines of
highways, such zone boundaries shall be construed as being parallel thereto and at
such distance therefrom as indicated on the zoning map. If no such distance is
Zoning Law Adopted 1-4-2022
6
given, such dimension shall be determined by the use of the scale shown on said
zoning map.
4. Where the boundary of a zone follows a railroad line, such boundary shall be
deemed to be located in the middle of the main tracks of said railroad line.
5. Where the boundary of a zone follows a stream, lake or other body of water,
unless otherwise indicated said boundary line shall be deemed to be at the center
line of said stream, lake, or other body of water, unless said center line is outside
the jurisdiction of the Town of Danby, in which event said boundary line shall be
deemed to be at the limit of the jurisdiction of the Town of Danby.
ARTICLE V: GENERAL PROVISIONS
Section 500 - APPLICATION. Except as hereinafter provided, the following general
regulations shall apply.
Section 501 - USE AND OCCUPANCY. No building or land shall hereafter be used or
occupied and no building or part thereof shall be erected, moved or altered unless such
action is in conformance with the regulations specified for the zone in which said action
occurs and any special regulations pertinent thereto.
Section 502 - LIMITATION OF UNITS. No building shall hereafter be erected or
altered to accommodate a greater number of housing units than is permitted in the zone in
which the building is located.
Section 503 - BUILDING FLOOR AREA. No dwelling in any zone shall be erected or
altered so as to provide for less than the minimum number of square feet of enclosed
floor area permitted by the Building Code.
Section 504 - CREATION OF SUBSIZE LOT. No lot shall hereafter be reduced or
altered, by subdivision or otherwise, so as to result in a lot that does not meet the
minimum area or yard requirements prescribed by this Local Law.
Section 505 - PRE-EXISTING LOTS. A small lot, which was a legal building lot
before adoption of this Local Law (or adoption of an amendment to this Local Law
changing the lot to a non-conforming lot) and which does not meet the minimum
requirements of this Local Law for the zone in which it is located at the time the Local
Law was adopted (or so amended), may be used for any use permitted within said zone
provided that all structures on said lot otherwise comply with the terms of this Local
Law. A building already constructed on such a lot may be altered or enlarged provided
that the proposed alteration or enlargement otherwise complies with the terms of this
Local Law at the time of such alteration or enlargement.
Section 506 - TOMPKINS COUNTY HEALTH DEPARTMENT APPROVAL. No
Zoning Law Adopted 1-4-2022
7
building permit, trailer permit, or certificate of occupancy issued under the terms of this
Local Law shall become or remain valid unless the holder thereof complies with rules
and regulations of the Tompkins County Health Department under the terms of the
County Sanitary Code and any applicable New York State or federal laws, rules, or
regulations. Where minimum lot sizes are specified in this Local Law, the same shall be
subject to the approval of the Tompkins County Health Department or any successor
agency, and if such department or successor requires larger lots to comply with the
County Sanitary Code, New York State laws, or federal laws, the requirements of such
Department or of any State or Federal agency or successor thereto shall govern.
Section 507 - BUILDING CODE COMPLIANCE. If the requirements of the Building
Code are more restrictive with respect to any matter referred to in this Local Law, the
provisions of the Building Code shall govern.
Section 508 - PORCHES AND CARPORTS. In determining the percent of building
coverage or the size of yards, porches and carports, open on the sides but roofed, shall be
considered a part of the building area for the purposes of this Local Law.
Section 509 - FENCES AND WALLS. The provisions of this Local Law shall not
apply to fences or walls less than six feet above the natural grade, nor to terraces, steps,
unroofed porches, or other similar features constructed within three feet of the floor level
of the ground story and within three feet of the finished grade.
Section 510 - YARDS.
1. SIDE YARD ON CORNER LOT.
On a corner lot the minimum yard width on the side street shall be the same as the
required front yard for adjoining properties on the side street.
3. MORE THAN ONE BUILDING ON A LOT.
When permitted by this Local Law, when there is more than one principal
building on a lot in any zone buildings are encouraged to be as close to each other
as possible clustering the development and widely spread development is
discouraged.
4. PROJECTIONS.
Bays, including their cornices and eaves, may extend not more than two feet into
any required yard provided that the sum of the lengths of such projections in any
wall shall not exceed one third the length of such wall. An open balcony or fire
escape may extend not more than five feet into any required yard.
5. PARKING.
No vehicle parking area shall be included in any required front yard, except as set
forth below and except for a lot with a one or two housing units.
Zoning Law Adopted 1-4-2022
8
Section 511 - HEIGHT. Except as otherwise authorized under the terms of this Local
Law, no building or structure shall exceed thirty-six feet in height from lowest
exterior grade or forty feet in height from lowest interior grade, whichever is the
greater. This height limitation shall not apply to silos, barns, or other structures
used in connection with generally recognized agricultural operations. No
structure[s] to which this exception applies, however, shall exceed one hundred
feet in height, or be located less than one hundred feet from any property line.
Section 512 - ACCESSORY BUILDINGS.
1. No accessory buildings shall occupy required front yard space. In addition:
a. Accessory buildings of 144 square feet or less must be at least 5 feet from
side and rear lot lines,
b. Accessory buildings larger than 144 but not larger than 1000 square feet
must be at least 10 feet from side and rear lot lines,
c. Accessory buildings larger than 1000 square feet must be at least 50 feet
from side and rear lot lines
3. Notwithstanding the foregoing any building housing any noxious commodity
shall be no nearer than one hundred feet from any side or rear lot line.
Section 513 - SIGNS AND BILLBOARDS.
1. No advertising sign or billboard other than those specifically permitted by this
Local Law shall be permitted in any zone.
2. If a property owner fails to comply with any of the provisions of this Section, the
Town Board may issue to said property owner a notice to appear before the Board
of Appeals to show cause why the Town Board should not contract privately to
remove any unauthorized advertising sign or billboard in order to satisfy this
Section and further, to show cause why any expense incurred by the Town Board
in accomplishing the removal of an unauthorized sign or billboard should not be
assessed by the Town Board against the real property of said owner. Upon a
determination by the Board of Appeals that said sign or billboard must be
removed in order to satisfy the requirements of this Section, the Town board shall
contract for the work to be done and the expense so incurred in accomplishing
such work shall be assessed by the Town Board against the real property of the
property owner and the expense so assessed shall constitute a lien and charge on
the real property on which it is levied until paid or otherwise satisfied or
discharged as in the case of any other Town charge.
3. The above remedy is not intended to limit or restrict any other remedies or
recourse by the town against the violators of this Section.
4. The following signs are permitted in all zones:
Zoning Law Adopted 1-4-2022
9
a. Signs required by law.
b. Official signs of any governmental agency.
c. Identification signs for churches, parks and playgrounds and similar uses
not exceeding in the aggregate fifteen square feet in area. Any such signs
shall be located within the property lines of the premises it identifies and
may be illuminated but not flashing. Any signs with lights directed to the
sign shall have the lights shielded as much as practicable to direct the
lights only at the signs.
d. Temporary signs which shall not be more than fifteen square feet in area
and which are displayed for 30 days or less.
e. A sign denominating a home business, not over ten square feet in area.
Any such sign shall be located within the property lines of the premises it
identifies and may be illuminated but not flashing. Any signs with lights
directed to the sign shall have the lights shielded as much as practicable to
direct the lights only at the signs.
Section 514 - PROHIBITED USES. Any uses not specifically or implicitly permitted in
a zone established by this Local Law are hereby specifically prohibited from the zone.
Section 515 - EXCAVATIONS, ABANDONED CONSTRUCTION AND
DESTROYED BUILDINGS. The following rules, in addition to any other local, state,
or regulations or federal laws or regulations shall govern excavations in the Town:
1. No excavations shall remain open or uncovered for more than one year after work
has ceased on a construction project or such excavation has been abandoned. Any
excavation or cellar hole remaining after the demolition or destruction of a
building from any cause shall be covered or filled by the owner within one year.
2. Fencing or other similar safety measures shall be provided around abandoned
excavations, damaged buildings and other potentially hazardous conditions.
3. If a property owner fails to comply with any of the provisions contained herein,
he or she shall be subject to the procedures and remedies available to the Town.
Section 516 - LIMITATION ON CHURCHES, SCHOOLS, ETC. No church, school,
or other structure designed for public assembly or open to the public and authorized
pursuant to a Special Permit hereafter erected in, or moved to, outside of the hamlet
zones, shall be located within one hundred feet of any property line.
Section 517 - STORMWATER REQUIREMENTS. The requirements of Town of
Danby Local Law Number 1 of 2010, entitled “Town of Danby Stormwater Management,
Zoning Law Adopted 1-4-2022
10
Erosion and Sediment Control Law” (herein the “Stormwater Local Law”) be and hereby
are incorporated into this Zoning Local Law, and all activities in all zones listed in
Article 6 hereof, and all hereafter approved Planned Development Zones, shall comply
with such Stormwater Local Law and all requirements therein, including, but not limited
to, the preparation and approval of SWPPPs, the obtaining of Stormwater Permits, and
the design, planning, installation, construction, maintenance, and improvement of
temporary and permanent Stormwater Management Practices, as each and all of such
capitalized terms are defined and used within such Stormwater Local Law. Regardless of
the language of this Zoning Local Law, no waivers pertaining to stormwater requirements
may be granted by any person, body, board, or other entity unless such waiver is granted
pursuant to the authority of Article 16 of such Stormwater Local Law.
Section 518 - PROHIBITION AGAINST THE EXPLORATION FOR OR
EXTRACTION OF NATURAL GAS AND/OR PETROLEUM. No use or operation
on any land, parcel, lot, or other area located within the Town of Danby, including but
not limited to within any Planned Development Zone, shall be proposed, allowed, or
permitted where such use or operation involves: (i) any Natural Gas and/or Petroleum
Exploration activities; (ii) storage or staging, for any length of time and whether above or
below ground, any Natural Gas and/or Petroleum Exploration and Production Materials
or any Natural Gas Exploration and/or Petroleum Production Wastes; or (iii) any Natural
Gas and/or Petroleum Extraction activities or any Natural Gas and/or Petroleum Support
Activities; or (iv) any drilling, construction, or excavating of any well to find or produce
any Natural Gas or other hydrocarbons, or (v) any storage, staging, processing, or
treatment areas, structures, or improvements relating to Natural Gas, petroleum, or any
related hydrocarbons, Natural Gas and/or Petroleum Exploration and Production
Materials, or Natural Gas Exploration and/or Petroleum Production Wastes, or (vi) any
disposal of Natural Gas Exploration and/or Petroleum Production Wastes, or (vii) the
erection or construction of any derrick, building, or other structure, or placement or use
of any machinery or equipment, for any such purposes. The above restrictions shall not
be construed to: (a) prevent or prohibit the transmission of Natural Gas or related
hydrocarbons through utility pipes, lines, or related appurtenances for the limited purpose
of supplying utility services to residents of the Town of Danby; (b) prevent or prohibit
the siting or permitting of a Gasoline Service Station or an Automotive and Other
Motorized Vehicle Repair Facility where otherwise allowed under this Zoning Local
Law; or (c) prevent or prohibit the incidental and normal storage or use of reasonable and
customary amounts of Natural Gas and other hydrocarbons in relation to any other use
that is lawful under this Zoning Local Law, such as home heating storage facilities (e.g.,
propane tanks), gasoline pumps and storage tanks, and similar uses that are normally
associated with allowed residential, business, commercial, and Light Industrial uses
permitted pursuant to and under this Zoning Local Law.”
Section 519 - INVALIDITY OF OTHER GOVERNMENTAL
PERMITS. No permit issued by any local, state or federal agency, commission or
board shall be deemed valid within the Town of Danby when such permit purports to
allow or permit a land use or operation that would violate the prohibitions, terms,
requirements, or conditions of this Zoning Local Law.
Zoning Law Adopted 1-4-2022
11
ARTICLE VI: ZONE REGULATIONS
Section 600 - HIGH PRIORITY PRESERVATION ZONE. The High Priority
Preservation Zone includes areas where development and subdivision are significantly
restricted to protect the long-term rural character and natural habitat in the Town
1. PRINCIPAL USES PERMITTED BY RIGHT
a. Public utility structures.
b. Customary Agricultural Uses and structures, provided, however, that no
storage of manure or any permanent use of land or buildings producing
offensive odor or dust shall be permitted within 100 feet of any side or
rear property line.
c. Building-Mounted Solar Energy System
2. ACCESSORY USES PERMITTED BY RIGHT Accessory uses must be
incidental and accessory to an allowed principal use.
a. Home occupations provided that there shall be no external evidence of
such activity on the site except a sign denominating such occupation not
over ten square feet in area. Any such sign shall be nonflashing and, if
illuminated, shall be shielded as much as possible from adjacent
residences.
b. Private swimming pool, tennis courts, and other similar recreational
facilities for the principal private use of the occupants a dwelling on the
lot.
c. Small-Scale Solar Energy System, subject to the provisions of Article VII:
Special Regulations, § 714 – SOLAR ENERGY SYSTEMS
d. Customary farm buildings such as barns, silos, livestock enclosures,
storage buildings and similar structures.
e. Roadside stands not in excess of four hundred square feet of interior area
and selling only products produced on the same lot or produced on land
within a ten-mile radius of the location of the stand.
3. PRINCIPAL USES ONLY PERMITTED BY SITE PLAN REVIEW
a. Single dwelling unit
Zoning Law Adopted 1-4-2022
12
b. Cemeteries.
c. Private playground, athletic field and group swimming pools.
d. Tourist homes.
e. Customary home occupations and professional residential offices where
external visible evidence of same exists on the site.
f. Cottage industry See: Section 903
4. ACCESSORY USES PERMITTED ONLY BY SITE PLAN REVIEW.
Accessory uses must be incidental and accessory to an allowed principal use.
a. Private garage, workshop, or residential storage building totaling less than
or equal to 1200 square feet per lot. Garages attached to the principal
building are not limited by this section.
b. Home occupations in new building(s) provided that there shall be no
external evidence of such activity on the site except a sign denominating
such occupation not over ten square feet in area. Any such sign shall be
nonflashing and, if illuminated, shall be shielded as much as possible from
adjacent residences.
5. NUMBER OF LOTS ALLOWED
a. On any parcel as it existed on the effective date of this amendment to this
Local Law (January 4, 2022), there shall be permitted no more than one
(1) lot created for every twenty-five (25) acres of land.
b. For purposes of calculating the number of lots allowed, in no case shall the
number of lots allowed exceed the average density that could be obtained
using the required lot area provided in Article VI, Section 600 of the
Zoning Local Law of the Town of Danby.
c. The limitations of this section shall apply to parcels of land existing on the
effective date of this amendment to this Local Law (January 4, 2022).
Any subsequent owner or owners of any such parcel of land (I.E., THE
PARENT PARCEL) shall be bound by the actions of previous owners in
that such subsequent owner or owners may only create the number of lots
that may remain of the original number allowed under this section.
d. Further subdivision of any parcel created after the effective date of this
amendment to this Local Law (January 4, 2022) shall be prohibited unless
Zoning Law Adopted 1-4-2022
13
all or part of the remaining subdivision rights of the original (PARENT)
parcel are specifically transferred to the newly created lot. Written notice
of any such transfer shall be submitted as part of the Final Subdivision
Plat, and shall be recorded on the plat.
6. REQUIRED LOT AREA. Except when approved as a Clustered Subdivision, lot
area shall be not less than 25 acres.
7. YARDS. Except as hereinafter provided, minimum yard size shall be:
a. Minimum front yard depth – one hundred feet.
b. Minimum side yard width - one hundred feet.
c. Minimum rear yard depth one hundred feet.
d. Minimum setback between existing homes and primary buildings in new
cluster subdivisions. – one thousand feet
8. SIGNS. In addition to the previously mentioned signs, the following signs shall
be permitted:
a. Signs required by law.
b. Official signs of any governmental agency.
c. Identification signs for churches, parks and playgrounds and similar uses
not exceeding in the aggregate fifteen square feet in area. Any such signs
shall be located within the property lines of the premises it identifies and
may be illuminated but not flashing. Any signs with lights directed to the
sign shall have the lights shielded as much as practicable to direct the
lights only at the signs.
d. Temporary signs which shall not be more than fifteen square feet in area
and which shall not be displayed for more than 30 days in a year.
9. HEIGHT. See Section 511
10. IMPERVIOUS AREA. The maximum Impervious Area shall not exceed one
percent of the Lot Area or one acre, whichever is less.
Section 601 – RURAL 1 ZONE. The purpose of the Rural 1 Zone is to protect parts of
the Town that include more sensitive open space resources including but not limited to
steep slopes, Unique Natural Areas, wetlands, forests, significant contiguous habitat areas
and viewsheds. Any new development in this Zone is intended to be limited. Such
development requires additional review with careful consideration to preserving these
Zoning Law Adopted 1-4-2022
14
characteristics and features and the long-term rural character and natural habitat of the
Town
1. PRINCIPAL USES PERMITTED BY RIGHT.
a. Public utility structures.
b. Customary Agricultural Uses and structures, including roadside stands not
exceeding 400 square feet, provided, however, that no storage of manure
or any permanent use of land or buildings producing offensive odor or
dust shall be permitted within 25 feet of any side or rear property line.
2. ACCESSORY USES PERMITTED BY RIGHT. Accessory uses must be
incidental and accessory to an allowed principal use.
a. Home occupations in existing building(s) provided that there shall be no
external evidence of such activity on the site except a sign denominating
such occupation not over ten square feet in area. Any such sign shall be
nonflashing and, if illuminated, shall be shielded as much as possible from
adjacent residences.
c. Private garage, workshop, or residential storage building(s) 400 square
feet or less in total area per lot.
d. Private swimming pool, tennis courts, and other similar recreational
facilities for the principal private use of the occupants of a dwelling on the
lot.
e. Building-Mounted Solar Energy System
f. Small-Scale Solar Energy System, subject to the provisions of Article VII:
Special Regulations, § 714 – SOLAR ENERGY SYSTEMS
g. Customary farm buildings such as barns, silos, livestock enclosures,
storage buildings and similar structures for agricultural use.
h. Roadside stands not in excess of four hundred square feet of interior area
and selling only products produced on the same lot or produced on land
within a ten-mile radius of the location of the stand.
3. PRINCIPAL USES PERMITTED BY SITE PLAN REVIEW ONLY.
a. One dwelling unit.
b. Churches and similar religious institutions.
Zoning Law Adopted 1-4-2022
15
c. Hospitals.
d. Public schools, parks and playgrounds.
e. Public library.
f. Nursery schools, group family day care homes, and day care centers.
g. Municipal buildings and structures.
h. Cemeteries.
i. Private playground, athletic field and group swimming pools.
j. Tourist homes.
k. Customary home occupations and professional residential offices where
external visible evidence of same exists on the site.
l. Private Airplane Landing Field.
m. Cottage industry See: Section 903
4. PERMITTED ACCESSORY USES BY SITE PLAN REVIEW ONLY.
Accessory uses must be incidental and accessory to an allowed principal use.
a. Private garage, workshop, or residential storage building(s) totaling more
than 400 square feet but less than or equal to 1200 square feet per lot.
Garages attached to the principal building are not limited by this section.
b. Home occupations in new building(s) provided that there shall be no
external evidence of such activity on the site except a sign denominating
such occupation not over ten square feet in area. Any such sign shall be
nonflashing and, if illuminated, shall be shielded as much as possible from
adjacent residences.
5. NUMBER OF LOTS ALLOWED
a. On any parcel as it existed on the effective date of this amendment to this
Local Law (January 4, 2022), there shall be permitted no more than one
(1) lot created for every ten (10) acres of land.
b. The limitations of this section shall apply to parcels of land existing on the
effective date of this amendment to this Local Law (January 4, 2022).
Zoning Law Adopted 1-4-2022
16
Any subsequent owner or owners of any such parcel of land (I.E., THE
PARENT PARCEL) shall be bound by the actions of previous owners in
that such subsequent owner or owners may only create the number of lots
that may remain of the original number allowed under this section.
c. Further subdivision of any parcel created after the effective date of this
amendment to this Local Law (January 4, 2022) shall be prohibited unless
all or part of the remaining subdivision rights of the original (PARENT)
parcel are specifically transferred to the newly created lot. Written notice
of any such transfer shall be submitted as part of the Final Subdivision
Plat, and shall be recorded on the plat.
6. REQUIRED LOT AREA. Except when approved as a Clustered Subdivision, lot
area shall be not less than ten acres and a lot depth of not less than eight hundred
feet
7. YARDS. Except as hereinafter provided, minimum yard size shall be:
a. Minimum front yard depth – twenty feet.
b. Minimum side yard width - fifty feet.
d. Minimum rear yard depth - fifty feet.
e. Minimum setback between existing homes and primary buildings in new
cluster subdivisions. - 600 feet.
8. SIGNS. In addition to the previously mentioned signs, the following signs shall
be permitted:
a. Signs required by law.
b. Official signs of any governmental agency.
c. Identification signs for churches, parks and playgrounds and similar uses
not exceeding in the aggregate fifteen square feet in area. Any such signs
shall be located within the property lines of the premises it identifies and
may be illuminated but not flashing. Any signs with lights directed to the
sign shall have the lights shielded as much as practicable to direct the
lights only at the signs.
d. Temporary signs which shall not be more than fifteen square feet in area
and which shall not be displayed for more than 30 days in a year.
9. HEIGHT. See Section 511
Zoning Law Adopted 1-4-2022
17
10. IMPERVIOUS AREA. The maximum Impervious Area shall not exceed twenty-
five percent of the Lot Area or one acre, whichever is smaller.
11. USES PERMITTED BY SPECIAL PERMIT ONLY:
a. Solar Energy Facility, subject to the provisions of Article VII: Special
Regulations, § 714 – SOLAR ENERGY SYSTEMS and § 808 – SOLAR
ENERGY FACILITIES
b. Large-Scale Solar Energy System, subject to the provisions of Article VII:
Special Regulations, § 714 – SOLAR ENERGY SYSTEMS
Section 602 – RURAL 2 ZONE.
The purpose of the Rural 2 Zone is to protect parts of the Town where agriculture, open
space, forests, and natural habitat are the preferred uses and where the orderly
development of large lot residential and some commercial uses is considered to be
reasonable and in keeping with the rural character of the area.
1. PRINCIPAL USES PERMITTED BY RIGHT.
a. One dwelling unit, or one building with two dwelling units.
b. Public utility structures.
c. Customary Agricultural Uses and structures, including roadside stands not
exceeding 400 square feet, provided, however, that no storage of manure
or any permanent use of land or buildings producing offensive odor or
dust shall be permitted within 25 feet of any side or rear property line.
2. ACCESSORY USES PERMITTED BY RIGHT.
a. Private garage, workshop, or residential storage building(s) totaling less
than or equal to 1200 square feet per lot. Garages attached to the principal
building are not limited by this section.
b. Home occupations provided that there shall be no external evidence of
such activity on the site except a sign denominating such occupation not
over ten square feet in area. Any such sign shall be nonflashing and, if
illuminated, shall be shielded as much as possible from adjacent
residences.
d. Private swimming pool, tennis courts, and other similar recreational
facilities for the principal private use of the occupants of a dwelling on the
lot.
Zoning Law Adopted 1-4-2022
18
e. Building-Mounted Solar Energy System
f. Small-Scale Solar Energy System, subject to the provisions of Article VII:
Special Regulations, § 714 – SOLAR ENERGY SYSTEMS
g. Customary farm buildings such as barns, silos, livestock enclosures,
storage buildings and similar structures.
h. Roadside stands not in excess of four hundred square feet of interior area
and selling only products produced on the same lot or produced on land
within a ten-mile radius of the location of the stand.
3. PRINCIPAL USES ONLY PERMITTED BY SITE PLAN REVIEW.
a. Churches and similar religious institutions.
b. Hospitals.
c. Public schools, parks and playgrounds.
d. Public library.
e. Nursery schools, group family day care homes, and day care centers.
f. Municipal buildings and structures.
g. Cemeteries.
h. Private playground, athletic field and group swimming pools.
i. Tourist homes.
j. Customary home occupations and professional residential offices where
external visible evidence of same exists on the site.
k. Private Airplane Landing Field.
l. Replacement of a preexisting singlewide mobile home which is the second
dwelling on a lot, with a newer manufactured home.
n. Cottage industry See: Section 903
o. Multi-unit dwelling permitted using development rights through cluster
subdivision process.
Zoning Law Adopted 1-4-2022
19
4. NUMBER OF LOTS ALLOWED
a. On any parcel as it existed on the effective date of this amendment to this
Local Law (January 4, 2022), there shall be permitted no more than one
(1) lot created for every ten (10) acres of land.
b. The limitations of this section shall apply to parcels of land existing on the
effective date of this amendment to this Local Law (January 4, 2022).
Any subsequent owner or owners of any such parcel of land (I.E., THE
PARENT PARCEL) shall be bound by the actions of previous owners in
that such subsequent owner or owners may only create the number of lots
that may remain of the original number allowed under this section.
c. Further subdivision of any parcel created after the effective date of this
amendment to this Local Law (January 4, 2022) shall be prohibited unless
all or part of the remaining subdivision rights of the original (PARENT)
parcel are specifically transferred to the newly created lot. Written notice
of any such transfer shall be submitted as part of the Final Subdivision
Plat, and shall be recorded on the plat.
5. REQUIRED LOT AREA. Except when approved as a Clustered Subdivision, lot
area shall be not less than ten acres and a lot depth of not less than six hundred
feet.
6. YARDS. Except as hereinafter provided, minimum yard size shall be:
a. Minimum front yard depth - twenty feet.
b. Minimum side yard width - fifty feet.
c. Minimum rear yard depth - fifty feet.
d. Minimum setback between existing homes and primary buildings in new
cluster subdivisions. – 300 feet
7. SIGNS. In addition to the previously mentioned signs, the following signs shall
be permitted:
a. Signs required by law.
b. Official signs of any governmental agency.
c. Identification signs for churches, parks and playgrounds and similar uses
not exceeding in the aggregate fifteen square feet in area. Any such signs
shall be located within the property lines of the premises it identifies and
Zoning Law Adopted 1-4-2022
20
may be illuminated but not flashing. Any signs with lights directed to the
sign shall have the lights shielded as much as practicable to direct the
lights only at the signs.
d. Temporary signs which shall not be more than fifteen square feet in area
and which are displayed for 30 days or less.
8. HEIGHT. See Section 511
9. IMPERVIOUS AREA. The maximum Impervious Area shall not exceed twenty-
five percent of the Lot Area, or one acre, whichever is smaller.
10. USES PERMITTED BY SITE PLAN REVIEW ONLY:
a. Solar Energy Facility, subject to the provisions of Article VII: Special
Regulations, § 714 – SOLAR ENERGY SYSTEMS and § 808 – SOLAR
ENERGY FACILITIES
b. Large-Scale Solar Energy System, subject to the provisions of Article VII:
Special Regulations, § 714 – SOLAR ENERGY SYSTEMS
Section 603 - LOW DENSITY RESIDENTIAL ZONE. The purpose of the Low
Density Residential Zone is to provide an area of limited development where it is deemed
most desirable in the Town to maintain larger lots for development and permit the
possibility of continued agricultural use of the areas without limiting the areas to solely
agricultural uses.
1. PRINCIPAL USES PERMITTED BY RIGHT
a. One dwelling unit or one building with up to two dwelling units.
b. Public utility structures.
c. Customary Agricultural Uses and structures, including roadside stands not
exceeding 400 square feet, provided, however, that no storage of manure
or any permanent use of land or buildings producing offensive odor or
dust shall be permitted within 25 feet of any side or rear property line.
2. ACCESSORY USES PERMITTED BY RIGHT.
a. Private garage, workshop, or residential storage building(s) totaling less
than or equal to 1200 square feet per lot. Garages attached to the principal
building are not limited by this section.
b. Home occupations provided that there shall be no external evidence of
Zoning Law Adopted 1-4-2022
21
such activity on the site except a sign denominating such occupation not
over ten square feet in area. Any such sign shall be nonflashing and, if
illuminated, shall be shielded as much as possible from adjacent
residences.
c. Private swimming pool, tennis courts, and other similar recreational
facilities for the principal private use of the occupants of a dwelling on the
lot.
d. Building-Mounted Solar Energy System
e. Small-Scale Solar Energy System, subject to the provisions of Article VII:
Special Regulations, § 714 – SOLAR ENERGY SYSTEMS
f. Customary farm buildings such as barns, silos, livestock enclosures,
storage buildings and similar structures.
g. Roadside stands not in excess of four hundred square feet of interior area
and selling only products produced on the same lot or produced on land
within a ten-mile radius of the location of the stand.
3. USES PERMITTED BY SITE PLAN REVIEW ONLY.
a. Churches and similar religious institutions.
b. Hospitals.
c. Public schools, parks and playgrounds.
d. Public library.
e. Nursery schools, group family day care homes, and day care centers.
f. Municipal buildings and structures.
g. Cemeteries.
h. Private playground, athletic field and group swimming pools.
i. Tourist homes.
j. Customary home occupations and professional residential offices where
external visible evidence of same exists on the site.
k. Private Airplane Landing Field.
Zoning Law Adopted 1-4-2022
22
l. Replacement of a preexisting singlewide mobile home which is the second
dwelling on a lot, with a newer manufactured home.
m. Installation of a second dwelling unit on a lot in a separate building for
temporary or permanent occupancy.
n. Cottage industry See: Section 903
4. NUMBER OF LOTS ALLOWED
a. On any parcel as it existed on the effective date of this amendment to this
Local Law (June 20, 2005), there shall be permitted no more than one (1)
lot created for every five (5) acres of land or per 200 feet of road frontage
whichever results in the greater number of lots.
b. For purposes of calculating the number of lots allowed, in no case shall the
number of lots allowed exceed the average density that could be obtained
using the required lot area provided in Article VI, Section 603 of the
Zoning Local Law of the Town of Danby.
c. The limitations of this section shall apply to parcels of land existing on the
effective date of this amendment to the Zoning Ordinance (June 20, 2005).
Any subsequent owner or owners of any such parcel of land (I.E., THE
PARENT PARCEL) shall be bound by the actions of previous owners in
that such subsequent owner or owners may only create the number of lots
that may remain of the original number allowed under this section.
d. Further subdivision of any parcel created after the effective date of this
amendment to the ordinance (June 20, 2005) shall be prohibited unless all
or part of the remaining subdivision rights of the original (PARENT)
parcel are specifically transferred to the newly created lot. Written notice
of any such transfer shall be submitted as part of the Final Subdivision
Plat, and shall be recorded on the plat.
5. REQUIRED LOT AREA. Except when approved as a Clustered Subdivision, lot
area shall be not less than two acres with frontage of not less than two hundred
feet, and a lot depth of not less than three hundred feet
6. YARDS. Except as hereinafter provided, minimum yard size shall be:
a. Minimum front yard depth - fifty feet.
b. Minimum side yard width - fifty feet.
c. Minimum rear yard depth - seventy-five feet
Zoning Law Adopted 1-4-2022
23
d. Minimum setback between existing homes and primary buildings in new
cluster subdivisions. – 200 feet
7. SIGNS. In addition to the previously mentioned signs, the following signs shall
be permitted:
a. Signs required by law.
b. Official signs of any governmental agency.
c. Identification signs for churches, parks and playgrounds and similar uses
not exceeding in the aggregate fifteen square feet in area. Any such signs
shall be located within the property lines of the premises it identifies and
may be illuminated but not flashing. Any signs with lights directed to the
sign shall have the lights shielded as much as practicable to direct the
lights only at the signs.
d. Temporary signs which shall not be more than fifteen square feet in area
and which are displayed for 30 days or less.
8. HEIGHT. See Section 511.
9. IMPERVIOUS AREA. The maximum Impervious Area shall not exceed twenty-
five percent of the Lot Area, or one acre, whichever is smaller.
10. USES PERMITTED BY SITE PLAN REVIEW ONLY:
a. Solar Energy Facility, subject to the provisions of Article VII: Special
Regulations, § 714 – SOLAR ENERGY SYSTEMS and § 808 – SOLAR
ENERGY FACILITIES
b. Large-Scale Solar Energy System, subject to the provisions of Article VII:
Special Regulations, § 714 – SOLAR ENERGY SYSTEMS
Section 604 HAMLET NEIGHBORHOOD ZONE – The Hamlet Neighborhood Zone
is intended to allow the development of a predominantly residential neighborhood
adjacent to the Hamlet Core. The Hamlet Neighborhood Zone encourages a mix of
housing types and lot sizes with the goal of building out a neighborhood where people of
all ages can safely walk and where there are housing options for all incomes and
household types.
1. Lot Size – There will be no minimum lot size in the Hamlet Neighborhood Zone
except that all subdivisions and building permit applications must have a plan approved
by the Tompkins County Health Department for the provision of water and waste-water.
Lots are encouraged to be as small as possible to efficiently use limited land in the
Zoning Law Adopted 1-4-2022
24
Hamlet.
2. PRINCIPAL USES PERMITTED BY RIGHT
In the HN—Hamlet Neighborhood, no building or structure shall be erected, altered or
extended, and no land or building thereon shall be used for any purpose or purposes other
than the following:
a. Residential use with 1-4 dwelling units and customary accessory structures.
b. Agriculture
3. ACCESSORY USES PERMITTED BY RIGHT.
Such necessary uses as are customarily incidental to permitted principal uses:
a. Accessory structure related to business use (dumpster enclosure, storage for
business use up to 400sqft, covered bicycle parking, covered seating area, etc.).
b. Bed-and-breakfast establishments.
c. Family child care.
d. Family adult care.
e. Home occupations.
f. Professional offices, where such office is part of the residence property and no
more than five persons not residing on the premises are employed.
g. Vehicle parking. Parking is not permitted between the facade of a principal
building and the street; all parking must be located to the side or preferably
behind principal buildings. For parcels with multiple principal buildings parking
lots should be on the interior of the lot and should be buffered from the street by
street facing buildings.
h. Agriculture
4. PRINCIPAL USES PERMITTED ONLY BY SITE PLAN APPROVAL.
The following uses are allowed upon approval of a site plan by the Planning Board
subject to adopted design guidelines.
a. Community centers.
b. Child-care centers, group child care.
c. Fire stations and other public buildings necessary for the protection or servicing
of a neighborhood.
d. Libraries, museums.
e. Multiple-dwelling unit Residential 5+ units
f. Public and private schools, nursery schools and institutions of higher education.
g. Public and privately owned but publicly accessible community parks and
preserves.
h. Residential care/assisted living/rehabilitation facilities.
5. PRINCIPAL USES PERMITTED ONLY BY SITE PLAN APPROVAL AND
ONLY ALLOWED ON CORNER LOTS.
Zoning Law Adopted 1-4-2022
25
a. Churches, mosques, synagogues, temples and other places of worship, convents,
rectories, parish houses.
b. Restaurants, bars and other places for serving food and beverages, and provided
that there is no drive-through window.
c. Repair Shop, Personal services, Cottage industry See: Section 903 provided the
establishment does not exceed 3,000 gross square feet in floor area, with the
exception of basement storage areas
d. Retail use, provided the establishment does not exceed 3,000 gross square feet in
floor area, with the exception of basement storage areas, and provided that there is
no drive-through window.
6. Setbacks –
Front Yard – Minimum 10ft and 20ft Maximum measured from top of roadside ditch or
the road edge in cases where there is not a ditch. In no case shall these setback
requirements require or allow any structures to infringe upon the right-of way of any
public road. The Planning Board may grant a waiver from the 20ft maximum during site
plan review to enable amenities that improve the hamlet (including courtyards, gardens,
greens, plazas, but not including parking lots or un-programed lawn). The Planning
Board should consider the impact on the form of the Hamlet and the need for a stronger
street wall in creating a public realm in the review of deeper front yard setbacks.
Side Yard – 10ft minimum.
Rear Yard – 60ft minimum
7. Multiple Primary Uses and Buildings
Lots in the Hamlet Neighborhood Zone are allowed to have multiple buildings with a mix
of allowed principal uses.
8. Form requirements.
a. All principal buildings must include a principal entrance facing the street or, if on a side
wall, located near the front of the building and making use of architectural elements,
walks, and landscaping that indicate a prominent pedestrian access and providing a
human scale face to the building from the street. Alternatively, the planning board may
grant a waiver during Site Plan Review for entrances facing a publicly accessible green-
space, plaza, or pedestrian pathway (conventional parking lots will not be considered as
an alternative). Generally, lots with multiple principal buildings should have buildings
along the street that provide street facing entries while other buildings may face interior
lot features as described above.
a. Primary entrances must be architecturally detailed incorporating a porch, stoop, or
lightwell for single-dwelling unit homes and porch, stoop, lightwell, canopy, awning or
marquis entries for all other principal buildings.
b. New buildings and any new lots should be designed so that buildings fill a minimum of
40% of the lot width in the Hamlet Neighborhood.
Zoning Law Adopted 1-4-2022
26
c. Buildings including commercial uses must include transparent windows with a view to
the building interior covering least 50% of any street facing facade area between 3 feet
and 8 feet above grade.
d. New multi-unit residential and non-residential buildings on lots larger than 10,000 square
feet must include at least one entry facing the street for every 60 feet of frontage. In the
event that this is not possible due to lot size relative to building size, the site design
should include the possibility of future infill consistent with this standard.
e. New principal buildings must include either peaked roof of at least 8/12 pitch,
architectural brackets at least every 4’ supporting a roof of less than 8/12 pitch, a Greek-
Revival full entablature with dental molding, cornice and other period correct details, or
an architectural cornice facing the street.
f. New buildings may not have blank walls longer than 30 feet facing any street between 3
feet and 8 feet above grade.
g. Corner lots are required to have a building as close to the corner as practical, with the
principal entrance facing one or both streets.
h. Height - See Section 511
9. Architecture requirements.
All new buildings over 1500sqft in the Hamlet Neighborhood Zone (including residential
buildings) must comply with the Building Design section of the Town of Danby Commercial
Design Guidelines. There is no architectural design review for buildings less than 1500sqft,
however the Town Planner is available for consultation on design that will be a long-term asset to
the neighborhood. Architectural review with the Town Planner will accelerate Planning Board
review and allow application placement at the beginning of Planning Board Agendas.
10. Landscaping requirements.
a. All new buildings, or renovations of over 50% of the building value, must have an
average of 1 front yard tree for every 30ft of road frontage. Trees installed to meet this
requirement must be at least 3” DBH at time of installation and must be maintained in
good health. Planting is exempt when existing above or below grade utilities prevent
planting of front yard trees, or if the existing design of the street and buildings will not
accommodate tree planting in the front yard.
b. Any tree of 8” DBH or more that is removed must be replaced with 2 trees with a 2” or
greater DBH, replacement trees can be installed on site or on publicly owned or
accessible park land in a location approved by the Planning Board.
c. If there are fewer than 8 required trees, they may all be the same species. If there are
between 8 and 24 required trees, no more than 40 percent can be of one species. If there
are more than 24 required trees, no more than 24 percent can be of one species.
d. To the maximum extent possible, stormwater treatment should include Low Impact
Development (LID) practices and should feature the movement of water on the site, and
Zoning Law Adopted 1-4-2022
27
maximize retention and infiltration as a component of the site design rather than hiding
stormwater in pipes.
e. In new developments of 10 or more residential units, installation and maintenance of
trees in the rear yard is required with the same minimum frequency as required for trees
in the front yard.
11. Signs. In the Hamlet Neighborhood Zone the following signs are permitted:
a. Any sign required by law;
b. Official signs required by a governmental agency or utility, provided such sign
does not exceed 24 square feet in area;
c. A maximum of one under-awning sign of 4 (four) square feet is permitted per
establishment with a ground-floor main entrance. An under-awning sign must be
securely fixed to the underside of the awning with metal attachments, may not
project beyond the awning, and may not be illuminated.
d. A maximum of one porch sign is permitted per establishment per right-of-way
frontage, and is limited to 8 (eight) square feet in sign area.
e. A maximum of one wall sign is permitted per establishment per right-of-way
frontage, and is limited to 80% of the facade width and projection from wall is
limited to 2 (two) feet.
f. No wall sign may extend above the window sills of the second story, unless the
establishment extends to the second story or above. No portion of a wall sign may
extend above the roofline or parapet wall, or, in the case of a wall sign attached to
an appurtenance, the highest point of the appurtenance.
g. Window signs that cover less than 10% of the window area.
h. Temporary signs which shall not be more than fifteen square feet in area and
which are displayed for 30 days or less.
Section 605 HAMLET CENTER ZONE – The Hamlet Center Zone is intended
to allow the incremental infill and extension of the Hamlet Core as a walkable, mixed-
use, neighborhood center where local business is supported and new development creates
a sense of community.
1. Lot Size – There will be no minimum lot size in the Hamlet Center Zone except that
all subdivisions must have a plan approved by the Tompkins County Health Department
for the provision of water and waste-water.
2. Permitted uses.
In the HC—Hamlet Center, no building or structure shall be erected, altered or extended,
and no land or building thereof shall be used for any purpose or purposes other than the
following:
a. Residential use with 1-4 dwelling units and customary accessory structures.
b. Retail use, provided the establishment does not exceed 2,000 gross square feet
in floor area, with the exception of basement storage areas, and provided that
Zoning Law Adopted 1-4-2022
28
there is no drive-through window and design guidelines are followed.
3. Permitted accessory uses.
Such necessary uses as are customarily incidental to the above uses:
a. Accessory building for business.
b. Bed-and-breakfast establishments.
c. Family child care.
d. Family adult care.
e. Home occupations.
f. Off-street loading areas.
g. Professional offices, where such office is part of a residence and no more than
five persons not residing on the premises are employed.
h. Vehicle parking. Parking is not permitted between the facade of a principal
building and the street except in the case of on-street parallel, or on-street angled
parking; all parking lots must be located to the side or preferably behind principal
buildings.
4. Uses permitted by site plan approval.
The following uses are allowed upon approval of a site plan by the Planning Board
subject to adopted design guidelines.
a. Adult care centers.
b. Adult group care.
c. Banks and other financial institutions, provided that there is no drive-through
window.
d. Child-care centers, group child care.
e. Churches, mosques, synagogues, temples and other places of worship,
convents, rectories, parish houses.
f. Clinics.
g. Community centers.
Zoning Law Adopted 1-4-2022
29
h. Fire stations and other public buildings necessary for the protection or
servicing of a neighborhood.
i. Clubhouse, hall, post, temple and other facilities associated with the activities
of social organizations, except that the on-premises sale of alcoholic beverages is
prohibited.
j. Funeral homes.
k. Gasoline and other retail vehicle fuel sales, subject to design guidelines and
subject to the requirement that no gasoline or other retail vehicle fuel sales
business locate within 1 mile of any existing gasoline or other retail vehicle fuel
sales business.
l. Inn.
m. Libraries, museums.
n. Life-care facilities.
o. Multiple-unit Residential 5+ units
p. Outdoor dining facilities, excluding any permanent structures within any
required setback areas.
q. Places of amusement, such as theatres, including bowling alleys, game
arcades, and skating rinks.
r. Professional offices.
s. Public and private schools, nursery schools and institutions of higher
education.
t. Public and private community parks and preserves.
u. Residential care/assisted living/rehabilitation facilities.
v. Restaurants, bars and other places for serving food and beverages, and provided
that there is no drive-through window.
w. Repair Shop, Personal services, Cottage industry See: Section 903 provided the
establishment does not exceed 6,000 gross square feet in floor area, with the
exception of basement storage areas
x. Retail use, provided the establishment does not exceed 6,000 gross square feet
in floor area, with the exception of basement storage areas, and provided that
Zoning Law Adopted 1-4-2022
30
there is no drive-through window.
5. Setbacks –
a. Front Yard – Minimum 10ft and 20ft Maximum measured from top of roadside
ditch farthest from the road or the edge of pavement in cases where there is not a
ditch. In no case shall these setback requirements require or allow any structures
to infringe upon the right-of way of any public road. Front yards may be deeper to
accommodate amenities that improve the hamlet (including courtyards, gardens,
greens, plazas, but not including parking lots or un-programed lawn) with the
approval of the Planning Board. The Planning Board should consider the impact
on the form of the Hamlet and the need for a stronger street wall in creating a
public realm in their review of deeper front yard setbacks.
b. Side Yard – 10ft minimum.
c. Rear Yard – 30ft minimum
6. Multiple Principal Uses and Buildings
Lots in the Hamlet Center Zone are allowed to have multiple buildings with a mix of
allowed principal uses.
7. Form requirements.
The following form requirements apply to all new buildings in this zone, existing
buildings should not be modified in ways that increase non-conformity with these
requirements.
a. All principal buildings must include a principal entrance facing the street or, if on
a side wall, located near the front of the building and making use of architectural
elements, walks, and landscaping that indicate a prominent pedestrian access and
providing a human scale face to the building from the street. Alternatively, the
planning board may grant a waiver during Site Plan Review for entrances facing a
publicly accessible green-space, plaza, or pedestrian pathway (conventional
parking lots will not be considered as an alternative). Generally, lots with multiple
principal buildings should have buildings along the street that provide street
facing entries while other buildings may face interior lot features as described
above.
b. Primary entrances must be architecturally detailed incorporating a porch, stoop, or
lightwell for single-dwelling unit homes and porch, stoop, lightwell, canopy,
awning or marquis entries for all other principal buildings.
c. New buildings and any new lots should be designed so that buildings can fill a
minimum of 60% of the lot width when fully built out in the Hamlet Center.
d. New buildings including commercial uses must include transparent windows with
a view to the building interior covering least 50% of any street facing facade area
between 3 feet and 8 feet above grade.
Zoning Law Adopted 1-4-2022
31
e. New multi-unit residential and non-residential buildings on lots larger than 10,000
square feet must include at least one entry facing the street for every 60 feet of
frontage. In the event that this is not possible due to lot size relative to building
size, the site design should include the possibility of future infill consistent with
this standard.
f. New buildings must include either peaked roofs, architectural brackets supporting
a flat roof or an architectural cornice facing the street.
g. New buildings may not have blank walls longer than 30 feet facing any street
between 3 feet and 8 feet above grade.
h. New buildings on corner lots must be sited as close to the corner as practical.
i. Height - See Section 511
8. Landscaping requirements.
a. All new buildings or renovations of over 50% of the building value must have an
average of 1 front yard tree for every 30ft of road frontage. Trees installed to meet
this requirement must be at least 3” DBH at time of installation and must be
maintained in good health. Planting is exempt when existing above or below grade
utilities prevent planting of street trees, or if the existing design of the street will
not accommodate street tree planting
b. Any tree of 8” DBH or more that is removed must be replaced with 2 trees with a
2” or greater DBH, replacement trees can be installed on site or on publicly owned
or accessible park land in a location approved by the Planning Board.
c. If there are fewer than 8 required trees, they may all be the same species. If there
are between 8 and 24 required trees, no more than 40 percent can be of one
species. If there are more than 24 required trees, no more than 24 percent can be of
one species.
d. To the maximum extent possible, stormwater treatment should include Low Impact
Development (LID) practices and should feature the movement of water on the
site, and maximize retention and infiltration as a component of the site design
rather than hiding stormwater in pipes.
9. Signs in the Hamlet Center Zone. In the HC—Hamlet Center Zone the following
signs are permitted:
a. Any sign required by law;
b. Official signs required by a governmental agency or utility, provided such sign
does not exceed 24 square feet in area;
c. A maximum of one under-awning sign of 4 (four) square feet is permitted per
establishment with a ground-floor main entrance. An under-awning sign must be
Zoning Law Adopted 1-4-2022
32
securely fixed to the underside of the awning with metal attachments, may not
project beyond the awning, and may not be illuminated.
d. A maximum of one porch sign is permitted per establishment per right-of-way
frontage, and is limited to 8 (eight) square feet in sign area.
e. A maximum of one wall sign is permitted per establishment per right-of-way
frontage, and is limited to 80% of the facade width and projection from wall is
limited to 2 (two) feet.
f. No wall sign may extend above the window sills of the second story, unless the
establishment extends to the second story or above. No portion of a wall sign may
extend above the roofline or parapet wall, or, in the case of a wall sign attached to
an appurtenance, the highest point of the appurtenance.
g. Window signs that cover less than 10% of the window area.
h. Temporary signs which shall not be more than fifteen square feet in area and
which are displayed for 30 days or less.
Section 606 – COMMERCIAL ZONES. The purpose of establishing the commercial
zones and the following regulations is to establish certain areas where retail business and
other commercial uses of land will be encouraged and to establish standards by which
development in these areas shall occur.
1. COMMERCIAL ZONE "A".
a. PURPOSE. The purpose of establishing a Commercial Zone "A" is to
provide an area, usually adjacent to a residential zone, where commercial
activities involving a low impact in respect to traffic, noise, intensity of
use, and low overall impact on the neighborhood will be permitted.
b. PERMITTED PRINCIPAL USES IN A COMMERCIAL ZONE "A". All
permitted principal uses that are explicitly permitted in Low Density
Residential Zones without requiring SITE PLAN REVIEW are explicitly
permitted in a Commercial Zone "A".
c. PERMITTED USES IN A COMMERCIAL ZONE "A" UPON
APPROVAL OF THE SITE PLAN. The following uses are permitted
upon approval of the site plan by the Planning Board:
i) Retail food store not larger than 10,000 square feet of building
area. (Retail food store does not include restaurants.)
ii) Business offices or professional offices.
iii) Bank or other financial institution.
iv) Book store not larger than 5,000 square feet.
v) Drug store not larger than 5,000 square feet.
Zoning Law Adopted 1-4-2022
33
vi) Hardware store not larger than 5,000 square feet.
vii) Retail service store such as a barber shop, beauty parlor, florist
shop, tailor shop, and any other similar retail store, all of which
shall be not larger than 5,000 square feet of building area.
viii) Horticultural nurseries.
ix) Large-Scale Solar Energy System, subject to the provisions of
Article VII: Special Regulations, § 714 – SOLAR ENERGY
SYSTEMS
x) Gasoline service station.
xi) Public schools.
xii) Child nursery or day care centers, and private schools including
commercially oriented schools such as dancing, art, and business
schools.
xiii) Churches and similar religious institutions.
xiv) Community centers.
xv) Tourist homes containing no more than ten beds.
xvi) Package liquor store not larger than 5,000 square feet.
xvii) Cottage industry See: Section 903
xviii) Cottage industry See: Section 903 with accessory wholesale or
retail sales of products produced at the cottage industry and similar
products produced off-site, with or without outside display on the
premises of any such products, in accordance with the provisions
contained elsewhere in this Zoning Local Law.
xix) Residential use with more than 2 dwelling units on a lot.
2. COMMERCIAL ZONE "B".
a. PURPOSE. The purpose of establishing a Commercial Zone "B" is to
provide an area where commercial activities involving a moderate impact,
including moderate traffic, noise, and similar impacts, to a neighborhood
will be permitted.
Zoning Law Adopted 1-4-2022
34
b. PERMITTED PRINCIPAL USES IN A COMMERCIAL ZONE "B". All
permitted principal uses that are explicitly permitted in a Commercial
Zone "A" without site plan approval are permitted in a Commercial Zone
"B".
c. PERMITTED USES IN A COMMERCIAL ZONE "B" UPON
APPROVAL OF THE SITE PLAN. The following uses are permitted
upon approval of the site plan by the Planning Board:
i) Any of the uses permitted upon approval of the site plan in
Commercial Zone "A".
ii) Retail food stores with more than 10,000 square feet of building
area.
iii) Bookstores, drugstores, hardware stores, and of more than 5,000
square feet of building area.
iv) Retail service stores such as barber shops, beauty parlors, florists,
tailors, and any other similar retail stores of more than 5,000
square feet.
v) Laundromats and dry-cleaning facilities.
vi) Funeral homes and mortuaries.
vii) Motor vehicle sales facilities.
viii) Restaurants, including fast food restaurants.
ix) Indoor recreational facilities such as skating rinks, bowling alleys,
etc.
x) Clubs and fraternal organization facilities.
xi) Utility facilities including substations, transmission facilities, etc.
but not including transmission facilities involving antennae or
other items whose height exceed the maximum permissible height
set forth elsewhere in this Local Law.
xii) Tourist homes with more than ten beds.
xiii) Package liquor stores larger than 5,000 square feet.
xiv) Taverns
Zoning Law Adopted 1-4-2022
35
3. COMMERCIAL ZONE "C".
a. PURPOSE. The purpose of establishing a Commercial Zone "C" is to
provide an area where commercial activities involving an impact greater
than normally found in uses permitted in Commercial Zones "A" and "B",
including greater impacts in respect to traffic, noise, and overall impact,
will be permitted.
b. PERMITTED PRINCIPAL USES IN A COMMERCIAL ZONE "C". All
permitted principal uses that are explicitly permitted in a Commercial
Zone "B" without requiring SITE PLAN APPROVAL are permitted in a
Commercial Zone "C".
c. PERMITTED USES IN A COMMERCIAL ZONE "C" UPON
APPROVAL OF THE SITE PLAN. The following uses are permitted
upon approval of the site plan by the Planning Board:
i) Any use expressly permitted in Commercial Zones "A" or "B"
upon approval of the site plan.
ii) Car wash.
iii) Hotel, motel, and boarding houses.
iv) Facilities for the sale of any new products, produce, goods, and
equipment.
v) Automotive and other motorized vehicle repair facilities.
vi) Theaters.
vii) Mobile home and recreational vehicle sales.
viii) Rental facilities for car, trailer, truck and other rental operations.
ix) Warehouses.
x) Wholesale businesses including wholesale sales of auto and farm
machinery but excluding junkyards.
xi) Yards for the sale and storage of lumber, wood, and feed.
xii) Adult entertainment business, subject to the additional
requirements set forth in Section 710.
4. OTHER PROVISIONS, ALL COMMERCIAL ZONES.
Zoning Law Adopted 1-4-2022
36
a. PERMITTED ACCESSORY USES.
i) Those permitted in any residential zone.
ii) Automobile parking and off-street loading areas, subject to further
requirements of this Local Law.
iii) Accessory storage buildings, but not to include outside storage.
b. REQUIRED LOT AREA.
i) Residential uses - lot area shall not be less than one acre for a one-
or two- unit residential building plus five thousand square feet for
each additional dwelling unit on the same lot, with frontage of not
less than one hundred fifty feet and a lot depth of not less than two
hundred feet unless served by public water in which event lot area
shall be not less than one half acre with frontage on a public street
of not less than one hundred feet and a lot depth of not less than
one hundred fifty feet.
ii) All other uses - lot area shall not be less than one acre with
frontage not less than one hundred fifty feet.
c. YARDS.
i) Minimum front yard depth - 25 feet for buildings. No minimum
front yard depth is required for constructed parking spaces, subject
to the provisions of subparagraph (g) below.
ii) Minimum side yard width - 25 feet for buildings and constructed
parking spaces.
iii) Minimum rear yard depth - 25 feet for buildings and constructed
parking spaces.
The foregoing yard requirements may include any required buffer areas
and shall not be in addition to any required buffer areas.
d. SIGNS.
i) Same as those permitted in the low density residential zone.
ii) Advertising sign boards advertising only the services or products
available on the premises may be attached to the principal facade
of the building or located in any yard space provided that no part
Zoning Law Adopted 1-4-2022
37
of the sign is less than 5 feet from any front yard line and 15 feet
from any other lot line. All such advertising signs shall be no
larger than 50 square feet, if free standing, or no larger than 50
square feet or 25% of the facade area, if located on the facade.
Such sign shall be non-flashing. No more than one free-standing
sign shall be permitted per lot.
e. HEIGHT. No building shall exceed 36 feet in height from the lowest
exterior grade or 40 feet in height from the lowest interior grade. No
structure shall exceed 36 feet in height. This height limitation shall not
apply to silos, barns, or other structures used in connection with generally
recognized agricultural operations. No such agricultural structures,
however, shall exceed 100 feet in height, or be located less than 100 feet
from any side or rear property line.
f. BUILDING AREA. The maximum building area shall not exceed 30% of
the lot area.
g. BUFFER AREAS, SCREENING, AND ADDITIONAL SETBACK
REQUIREMENTS.
i) No building shall be placed nearer than 25 feet from any non-
commercial zone. This buffer strip shall not be in addition to the
required front, side and rear yards. A strip at least 10 feet wide
within such buffer area shall be suitably planted to screen a
commercial zone from present or future residences, or a suitable
screening fence shall be erected.
ii) In addition to the screening requirement set forth above, additional
setback, landscaping, fencing, screening, or earth berm may be
required to be provided in any area where a proposed structure or
use would create a hazardous condition or would detract from the
value of neighboring property if such landscaping, fencing,
screening, or berm were not provided.
h. WASTE DISPOSAL - No waste or refuse shall be placed outside any
building in a commercial zone except that an area common to all
businesses, or a separate area for each business shall be reserved at the
rear of the structure or structures. These areas shall contain bins, or other
receptacles adequate to prevent the scattering of waste and refuse, and
shall be planted or fenced so as to be screened from the public view. Such
area and receptacles shall not be located in any buffer area or required
yards. No refuse shall be burned on the premises.
Section 607 - PLANNED DEVELOPMENT ZONES. The purpose of the Planned
Zoning Law Adopted 1-4-2022
38
Development Zone and the following regulations is to accommodate certain
developments of land and buildings that are to be planned and executed as a unit, such as,
but not limited to, large subdivisions, business parks (which may include Light Industrial
uses, mobile home parks, and similar types of land uses, and to establish standards by
which development in such zones shall occur.
1. LAND AREA. Planned Development Zones shall comprise at least five (5) acres.
When and if a Planned Development Zone is established any Planned
Development in said zone shall comprise at least 5 acres.
2. OTHER REQUIREMENTS. The requirements of the Commercial Zones shall
also be applicable to any development in a Planned Development Zone unless
specifically waived or altered by the Town Board during the course of the
establishment of said zone according to the procedures set forth in this Local Law.
3. APPLICATION FOR PLANNED DEVELOPMENT ZONE. An application for
the establishment of a Planned Development Zone shall be submitted to the Town
and processed in the manner set forth below.
4. EXISTING ZONES CONTINUED. Any Planned Development Zone, (formerly
known as Planned Development Districts) legally created before the adoption of
this revised Local Law shall continue as heretofore approved, subject to the
Town's ability to rezone any such area in the future in the same manner as the
Town may rezone any other area, zone, or district in the Town.
Section 608 - MOBILE HOME PARK ZONE.
1. LOCATION AND CRITERIA. With the approval of the Town Board, a Mobile
Home Park Zone may be established in any area of the Town. In considering any
application for any such use, the Town Board shall refer to the requirements of
the Tompkins County Health Department or such agency as shall at that time be
charged with the duty of approving sewage disposal in the area contemplated for
such use, and consideration shall be given to the environmental characteristics of
the area, such as adequate and safe highways, access roads, properly designed site
locations for trailers, water availability, and the character of the location in
relation to the adjacent properties and the zoning thereof. No application shall be
properly received unless accompanied by a proper proposed site plan which, in
addition to the matters required of a site plan elsewhere in this Local Law, shall
include the site locations, proposed roads, sewage disposal, landscaping, and other
matters as may be required by the Town Board. The developer shall also submit
suitable plans and proposed regulations for sewer connection, water supply,
toilets, bathing facilities, garbage removal, registration of occupants, inspection of
camps and providing time limits on duration of stay of house trailers in such
trailer camps, tourist camps or similar establishments. Any mobile home park
shall comply with any mobile home Local Law that is now or may hereafter be
enacted by the Town of Danby.
Zoning Law Adopted 1-4-2022
39
2. USE REGULATIONS. In a Mobile Home Park Zone no building shall be erected
or extended and no land or building or part thereof shall be used for other than a
mobile home park. In a mobile home park, there shall be no more than one
dwelling unit maintained in each mobile home.
3. ACCESSORY USES. The following accessory uses are permitted in Mobile
Home Park Zone:
a. Automobile parking and garages, subject to the further requirements of
this Section.
b. Structures and open land for recreation, intended for use by the residents
of the mobile home park.
c. Such areas and structures as may be necessary for homemaking activities,
such as a common laundry or garden plots. The use of any such area or
structure may be limited to residents of the mobile home park.
d. Day care homes.
e. Group day care facilities and group family day care homes by Special
Permit.
f. Day care centers by Special Permit.
g. Building-Mounted Solar Collection System, subject to the provisions of
Article VII: Special Regulations, § 714 – SOLAR ENERGY SYSTEMS
h. Building-Mounted Solar Energy System
4. MINIMUM AREA FOR A MOBILE HOME PARK ZONE. A minimum tract of
ten acres is required for the development of a Mobile Home Park Zone.
5. REQUIRED LOT AREA. Each mobile home lot shall have a minimum gross
area of 5,000 square feet. The arrangement of lots in the park shall facilitate the
efficient development of land and permit the convenient access of emergency
vehicles.
6. STAND LOCATION. The location of the mobile home stand on each lot shall be
identified on the site plan that was the basis for the creation of the Mobile Home
Park Zone.
7. STANDS. The mobile home stand shall be provided with anchors and other
fixtures capable of securing and stabilizing the mobile home. These anchors shall
be placed at least at each corner of the mobile home stand.
Zoning Law Adopted 1-4-2022
40
8. SKIRTING. Each mobile home owner, within thirty (30) days after the arrival of
the mobile home in the park, shall be required to enclose the bottom space
between the edge of the mobile home and the mobile home stand with a skirt of
metal, wood or other suitable material. This skirt shall be properly ventilated and
securely attached to the mobile home.
9. PARKING. One garage or lot parking space shall be provided for each mobile
home, plus one additional lot space for each 3 mobile homes. No parking lot shall
be located farther than 100 feet from the dwelling unit it is intended to serve.
Each parking space shall have a minimum of 180 square feet.
10. BUFFER YARDS. A buffer yard at least 30 feet wide shall be provided around
the perimeter of the mobile home park. No structures are permitted in the buffer
yard and the Planning Board may require that suitable landscaping be provided in
order to effectively screen the mobile home park from adjacent properties.
Parking spaces are not permitted in the buffer yards.
11. ACCESS DRIVES AND WALKWAYS. Access drives shall be paved with
blacktop, concrete, or other solid material. Driveways and walkways shall
provide safe access, ingress, and traffic circulation within the site. The
placement, size, and arrangement of access to public ways shall be subject to the
approval of the appropriate highway authority. Where the density of population
or school bus routes make it necessary, sidewalks and bus shelters may be
required.
12. OPEN SPACE AND RECREATION AREAS. The applicant shall provide
recreation areas on the premises for children. The Planning Board shall review
and approve all such areas. Ten percent of the gross lot area of the mobile home
park, exclusive of the area reserved for buffer yards, shall be permanently
maintained as open space.
13. STORAGE SPACE. The owner shall provide storage space in convenient
locations for each mobile home lot. This storage space shall be contained in an
enclosed and secure structure. Several storage structures may be located in a
common building. The minimum dimensions of storage space per lot shall be
eight feet high, eight feet deep, and four feet wide.
14. SCREENING OF WASTE AND REFUSE. One or more common areas shall be
provided for the disposal of waste and refuse. These areas shall contain secure
garbage bins of a suitable size. These areas shall be screened from public view by
shrubbery or a fence.
16. SIGNS. A single sign for the mobile home park is permitted no larger than a sign
permitted in the Commercial Zones.
Zoning Law Adopted 1-4-2022
41
17. BUILDING PERMITS. A building permit shall be required pursuant to this
Local Law for each mobile home and/or accessory structure to be sited or
constructed.
18. SITE PLAN APPROVALS. No building permit shall be issued for a building
within a Mobile Home Park Zone unless the proposed structure is in accordance
with a site plan approved pursuant to the provisions of this Local Law and
approved by the Tompkins County Health Department. No subdivision of a
mobile home park site plan is permitted without approval of the Town Board,
following Planning Board review. No alteration, amendment or change in a
trailer park site plan is permitted without approval of the Planning Board.
Section 609 Aquifer High Vulnerability Overlay Zone – The purpose and intent of
establishing the Aquifer High Vulnerability (AHV) Overlay Zone is to preserve
critical unconsolidated aquifer recharge areas as well as the wellhead protection
areas for the West Danby Water District and other community water systems.
1. APPLICABILITY.
a. The (AHV) Overlay Zone shall be considered as overlying other zones
as shown on the zoning map.
b. Any uses not permitted in the underlying zone shall not be permitted in
the (AHV) Overlay Zone.
c. Any uses permitted in the underlying zone shall be permitted in the
(AHV) Overlay Zone, except where the overlay zone prohibits the use
or imposes greater or additional restrictions and requirements.
d. In any cases where conflicts arise between these requirements and any
other existing regulations, the more restrictive regulations shall apply.
2. OVERLAY ZONE BOUNDARIES.
a. The (AHV) Overlay Zone boundaries are based upon: (1) the location
of unconfined aquifers (including alluvial fan aquifers that also serve
to recharge deeper confined aquifers) and unknown aquifer types in
the report by the United States Geological Survey entitled
“Hydrogeology and Water Quality of the Stratified-drift Aquifers in
Upper Buttermilk Creek and Danby Creek Valleys, Town of Danby,
Tompkins County, New York”; (2) the location of alluvial and kame
deposits aquifers in the Cayuga Inlet and lower Michigan Creek
valleys as mapped by the USGS in a report entitled “Unconsolidated
Aquifers in Tompkins County, New York”; (3) the location of the
stratified-drift aquifer boundary in the USGS report entitled
“Hydrogeology of the stratified-drift aquifers in the Cayuta Creek and
Zoning Law Adopted 1-4-2022
42
Catatonk Creek valleys in parts of Tompkins, Schuyler, Chemung, and
Tioga Counties, New York”; (4) the delineation of the West Danby
Water District wellhead protection area as detailed in a report entitled
“Delineation of the West Danby Water District Wellhead Protection
Area Using Volumetric Shape Methods” by New York Rural Water
Association that is filed with the Town Clerk; and (5) 300-foot buffer
distances around other community water system wells.
3. PROHIBITED USES AND ACTIVITIES IN AHV OVERLAY ZONE.
The following uses and activities are specifically prohibited in the Aquifer
High Vulnerability (AHV) Overlay Zone since by their nature they pose a
higher threat to the quality or quantity of groundwater resources than other
uses and activities:
a. Airport and/or airport maintenance areas, including private airplane
landing fields.
b. Appliance or small engine repair shops
c. Boat service, repair, and/or washing establishments
d. Car washes.
e. Cemeteries or crematoriums.
f. Chemical and/or biological testing laboratories
g. Horticultural nurseries.
h. Excavation of overburden and/or minerals from the earth for sale or
exchange, or for commercial, industrial, or municipal use (except for
the sale of incidental overburden and/or minerals from excavation
related to construction as part of an agricultural or residential use).
i. Funeral homes and mortuaries.
j. Furniture strippers and/or refinishers
k. Gasoline service stations or service and repair garages.
l. Generation and/or storage of hazardous wastes except for that
associated with residential or agricultural uses.
m. Golf courses.
n. Industrial establishments.
Zoning Law Adopted 1-4-2022
43
o. Junkyard, salvage, or impoundment yards (including used motor
vehicle parts and scrap/waste materials).
p. Laundromats and dry-cleaning facilities.
q. Municipal or industrial sewage treatment facilities with disposal of
principal or secondary treatment effluent.
r. Personal service shops such as a barber shop, beauty parlor, or
hairdresser.
s. Pest control services or pesticide/herbicide stores.
t. Pet cemeteries or crematoriums.
u. Printers
v. Storage of petroleum except for on-site petroleum consumption.
w. Installation of new or replacement underground storage facilities for
petroleum or hazardous substances.
x. Veterinary clinics, hospitals or animal kennels.
4. MAXIMUM IMPERVIOUS COVERAGE.
a. Except as hereinafter provided, within the Aquifer High Vulnerability
(AHV) Overlay Zone, the following table shall be used to determine
the maximum percentage of a parcel that may be rendered impervious
to infiltration:
Lot Size
(acres)
Maximum % of Lot Covered By Impervious
Surfaces1
≥ 2 10 %
1 to 1.99 15 %
0.5 to 0.99 20 %
<0.5 30 %
1 Maximum site impervious coverage calculations shall include all
impervious surfaces with a minimum area of over one hundred (100)
square feet.
b. Impervious coverage may only exceed the impervious surface percentages in
the preceding table if a system of stormwater management and treatment is
developed that results in the site’s post-development annual stormwater
recharge volume to groundwater approximating the site’s pre-development
annual groundwater recharge volume. Such a system should also: preserve
Zoning Law Adopted 1-4-2022
44
hydrologic conditions that closely resemble pre-development conditions,
maintain or replicate the predevelopment hydrologic functions of storage,
infiltration, and groundwater recharge; prevent untreated discharges; reduce or
prevent flooding by managing the peak discharges and volumes of runoff;
minimize erosion and sedimentation; prevent degradation of water by
reducing suspended solids and other pollutants; and provide increased
protection of sensitive natural resources.
Section 610 Riparian Buffer Overlay Zone – The purpose and intent of establishing the
Riparian Buffer Overlay Zone is to provide a buffer area around perennial and
intermittent streams to preserve and improve the natural slowing, filtering, and
infiltration of surface runoff before it reaches streams, to preserve the ecosystem
function of stream corridors, and to minimize development in places most likely
to experience flooding.
1. APPLICABILITY.
a. The Riparian Buffer Overlay Zone shall be considered as overlying
other zones as shown on the zoning map.
b. Any uses not permitted in the underlying zone shall not be permitted in
the Riparian Buffer Overlay Zone.
c. Any uses permitted in the underlying zone shall be permitted in the
Riparian Buffer Overlay Zone, except where the overlay zone
prohibits the use or imposes greater or additional restrictions and
requirements.
d. In any cases where conflicts arise between these requirements and any
other existing regulations, the more restrictive regulations shall apply.
2. OVERLAY ZONE BOUNDARIES.
a. The Riparian Buffer Overlay Zone boundaries are based upon 100-foot
buffers from perennial streams and 50-foot buffers from intermittent
streams as identified, classified, and mapped by Tompkins County.
The Planning Board may consider actual riparian waterway locations
in review rather than Tompkins County mapping if existing mapping
does not match current conditions.
3. MAXIMUM IMPERVIOUS COVERAGE.
a. Within the Riparian Buffer Overlay Zone, no new impervious surface
may be added or constructed within 100’ of perennial streams with the
following exceptions: land within the Hamlet Center or Hamlet
Neighborhood Zones, development of trails granted a waiver by the
Planning Board, the shortest feasible crossing for roads and driveways
Zoning Law Adopted 1-4-2022
45
granted a waiver by the Planning Board.
b. Within the Riparian Buffer Overlay Zone in the Hamlet Zones any
new impervious surface within 50 feet of a perennial stream is subject
to Site Plan Review by the Planning Board. The goal of Site Plan
Review will be to mitigate new impervious surface to the greatest
extent possible
c. Within the Riparian Buffer Overlay Zone any new impervious surface
within 50 feet of an intermittent stream is subject to Site Plan Review
by the Planning Board. The goal of Site Plan Review will be to
minimize and mitigate new impervious surface to the greatest extent
possible.
Section 611 Habitat Corridor Overlay Zone – The purpose and intent of establishing
the Habitat Corridor Overlay Zone is to provide connections for plant and animal
habitat between major contiguous habitat hubs.
1. APPLICABILITY.
a. The Habitat Corridor Overlay Zone shall be considered as overlying
other zones as shown on the zoning map.
b. Any uses not permitted in the underlying zone shall not be permitted in
the Habitat Corridor Overlay Zone.
c. Any uses permitted in the underlying zone shall be permitted in the
Habitat Corridor Overlay Zone, except where the overlay zone
prohibits the use or imposes greater or additional restrictions and
requirements.
d. In any cases where conflicts arise between these requirements and any
other existing regulations, the more restrictive regulations shall apply.
2. OVERLAY ZONE BOUNDARIES.
a. The Habitat Corridor Overlay Zone boundaries are mapped on the
adopted Habitat Corridor Overlay Zone Map as of ________ date by
the Town Board.
3. SITE PLAN REVIEW FOR ALL NEW IMPERVIOUS COVERAGE.
a. Within the Habitat Corridor Overlay Zone no new impervious surface
may be added or constructed without Site Plan Review and approval
by the Planning Board with a goal of minimizing and mitigating new
impervious surface to the greatest extent possible. Site Plan Review
should encourage the minimization of any barriers to plant and animal
movement within the corridor including widening areas of human
impact, fencing, and other barriers.
Zoning Law Adopted 1-4-2022
46
Section 612 Agricultural Support Small Scale Commercial & Light Industry
Floating Zone – The purpose and intent of establishing the Agricultural Support
Small Scale Commercial & Light Industry Floating Zone is to enable the
development of small-scale commercial businesses and small-scale light industrial
uses that directly support local agricultural production. These businesses are not
required to locate on a farm and may serve multiple farms in the area.
1. APPLICABILITY.
a. Agricultural Support Small Scale Commercial & Light Industry
Floating Zone shall be considered a floating zone and shall not be
applied to any parcel except through the process described below.
b. Applying the Agricultural Support Small-Scale Commercial and Light
Industry Floating Zone to a particular parcel requires that specific
parameters be met:
1. The parcel must be 20 acres or more.
2. Minimum 300’ front, rear, and side yards are required for all
uses allowed by the floating zone.
3. Applicant must demonstrate that no noise, light, dust, or smells
will be produced in a manner that creates a negative impact at the
property line.
4. Parking suitable for the allowed use must be accommodated on
the parcel and concealed from view from adjacent parcels and the
road.
5. Applicant must demonstrate minimal impact on neighbors and
mitigate any viewshed impacts.
6. The developed area must not exceed 1 acre of impervious
surface.
7. New buildings must not exceed 20,000 sq ft.
c. Except as specified in this Floating Zone, all underlying zoning
parameters apply.
2. OVERLAY ZONE BOUNDARIES.
a. The Agricultural Support Small Scale Commercial & Light Industry
Floating Zone boundaries are mapped on the adopted Agricultural
Support Small Scale Commercial & Light Industry Floating Zone Map
as of ________ date by the Town Board.
3. ALLOWED USES.
a. Within the Agricultural Support Small Scale Commercial & Light
Industry Floating Zone and subject to the requirements defined above
the following uses are allowed by Site Plan Review only:
Zoning Law Adopted 1-4-2022
47
i. Processing of agricultural products produced within 100 miles
ii. Butcher
iii. Fiber mills and other fiber processing
iv. Tractor and Farm Implement sales and repair
v. Sales and promotion of agricultural products
vi. Similar small-scale commercial and light industrial uses that
support local agricultural production
ARTICLE VII: SPECIAL REGULATIONS
Section 700 - APPLICATION. Except as otherwise herein provided, the following
special regulations shall apply to the entire Town.
Section 701 - ENCLOSURE OF EXCAVATION SITES. Any commercial operation
involving the excavation of top soil, sand, gravel, clay, shale or other natural deposit or
the quarrying of any kind of rock formation at depths of more than 6 feet shall be
enclosed by a substantial fence. This section shall not be construed to allow or permit any
Natural Gas and/or Petroleum Exploration, any Natural Gas and/or Petroleum Extraction,
or any Natural Gas and/or Petroleum Support Activities, and is intended to, and shall be
deemed and construed to, apply only to extractive surface-based mining activities that
seek to and actually extract only naturally occurring rocks, sands, gravels and similar
excavations and their overburdens.
Section 702 - ABANDONMENT OF QUARRIES, ETC. At such time as any quarry or
excavation for the purpose of extraction of natural resources is abandoned, all steep sides
shall be sloped to a slope of not greater than one vertical foot of slope in each three lineal
feet, and the entire area is to be adequately seeded or otherwise landscaped to prevent
erosion. Nothing contained in this section is intended to relieve a quarry or excavation
owner from complying with more stringent requirements of any federal, state, or local
law or regulation. For the purposes of this Section 703, no reference to a quarry or to the
extraction of natural resources shall include Natural Gas, any Natural Gas and/or
Petroleum Exploration, any Natural Gas and/or Petroleum Extraction, or any Natural Gas
and/or Petroleum Support Activities, and is intended to, and shall be deemed and
construed to, apply only to extractive surface-based mining activities that seek to and
actually extract only naturally occurring rocks, sands, gravels and similar excavations and
their overburdens,
Section 703 - PUBLIC GASOLINE FILLING STATIONS AND GARAGES.
1. In no case shall a gasoline or oil pump, oiling or greasing mechanism, or other
service appliance installed in connection with any gasoline filling station or public
garage be closer than thirty feet from any street line or highway right-of-way line.
Zoning Law Adopted 1-4-2022
48
2. No automobile repair work, except emergency work, shall be carried on out of
doors. All automobile or motor vehicle parts, dismantled vehicles, and similar
articles shall be stored within a building, or stored at an exterior location not
visible from adjoining properties.
Section 704 - JUNK YARDS. Junk yards are specifically excluded from all zones
except that junk yards may be established as part of a planned development zone in
accordance with the provisions for same. Any junk yard existing as a non-conforming
use shall not be expanded or enlarged and shall be completely enclosed by a substantial
and opaque screen (fence, berm, or other visual and completely opaque screen) with
openings only for ingress and egress at no more than one-hundred-foot intervals along a
property line including road frontage. Such openings shall not exceed twenty-five feet in
width. Such screen shall be at least six feet high and shall be no nearer than twenty-five
feet from any public highway right-of-way line, and there shall be no storage outside the
screen.
Section 705 - OFF-STREET PARKING.
1. RESIDENTIAL PARKING SPACES. Not more than two (2) parking spaces per
dwelling unit shall be located in required front yard areas. Under no
circumstances shall more than four parking spaces for the entire building be
located in any required front yard area. Front yards shall not be used for the
storage of abandoned or disabled vehicles.
2. MULTIPLE RESIDENCE PARKING SPACES. No more than one parking
space per dwelling unit shall be located in required front yard areas and in no
event shall more than four parking spaces be located in any required front yard
area.
3. PARKING REQUIREMENTS FOR OTHER USES. This provision shall not
apply in the Hamlet Neighborhood or Hamlet Center Zone. In all other instances,
a minimum of 300 square feet of parking area, including lanes and driveways,
shall be provided for each 100 square feet of enclosed floor area, excluding
basements used for storage, except in the cases of the following uses, for which
off-street parking shall be provided in accordance with the following schedule:
a. School or other educational institutions - four spaces for each class room.
b. Hospital, sanitarium or nursing or convalescent home - one space for each
two beds.
c. Theater, community center or other place of public assembly - one space
for each five seats.
d. Bowling Alley - three spaces for each alley.
Zoning Law Adopted 1-4-2022
49
e. Roller skating rink, dance hall or similar places of amusement - one space
for each 50 square feet of gross floor space.
f. Motel, hotel, rooming house, tourist home - one space for each room
offered to rent, which space must be available at night.
g. Fraternity or sorority house or membership club - one space for each two
beds, or one space for each three members, whichever figure is larger.
h. Restaurant or tavern - one space for every three seats.
i. Office or bank building - one space for each 200 square feet of office or
bank floor area.
j. Retail Stores - one space for every 200 square feet of sales space on the
ground floor or main sales floor, whichever is larger and one space for
each 500 square feet of sales area on all other floors combined.
k. Churches - one space for every four seats.
l. Personal Service Shops - one space for every 50 square feet of gross floor
area.
4. NO PARKING IN BUFFER ZONES. Except as specifically permitted for
residence zones above, there shall be no parking in any required front, side or rear
yard or buffer zone. Parking lots shall be surfaced with blacktop, stone, or other
material that does not produce dust and shall be graded so as to drain properly.
Section 706 - MOBILE HOMES AND MOBILE HOME PARKS.
1. MOBILE HOMES. Mobile homes are any manufactured home built prior to June
15, 1976. Manufactured homes built after June 15, 1976 and certified by HUD,
whether they are single wide, double wide, or any other shape, are treated as
single unit homes when installed on a permanent foundation as required by New
York State law and are allowed wherever a stick built single unit home would be
allowed. The limitations below apply only to Mobile Homes as defined above. No
mobile home whether on wheels or otherwise supported shall be permitted in any
zone or area except where otherwise specifically permitted pursuant to the terms
of the Zoning Local Law; provided, however, that in any zone a mobile home
shall be permitted under the following circumstances:
a. DOUBLEWIDE MOBILE HOMES. Doublewide mobile homes are
permitted on individual lots subject to the provisions of Section 1102 of
this Local Law.
b. SINGLEWIDE MOBILE HOMES. Singlewide mobile homes are
Zoning Law Adopted 1-4-2022
50
permitted under the following circumstances:
i) in Mobile Home Parks and in Planned Development Zones
specifically designated for such use.
ii) as a temporary residence for a period of up to eighteen months on a
lot where a permanent dwelling is to be constructed subject to the
following requirements:
(a) The owner of the land and/or the mobile home shall have
obtained a building permit for said mobile home from the
Code Enforcement Officer prior to moving said mobile
home on the premises;
(b) The owner of the land and/or the mobile home shall have
submitted to the Code Enforcement Officer a specific set of
building plans and specifications for the construction of a
permanent dwelling on said lot at the time the owner
applies for said mobile home site plan; and
(c) Within twelve months after obtaining approval for such
mobile home the permanent building being constructed on
the lot must be enclosed and heat installed. In the event of
non-compliance with this subparagraph (c), the mobile
home site plan approval shall be revoked by written notice
to the owner of the land or mobile home by the Code
Enforcement Officer, and the owner of the land must cause
removal of said mobile home from the premises within
three months of the receipt of said written revocation of the
mobile home permit.
c. CONSTRUCTION TRAILERS. A mobile home being used as a
construction trailer may be placed upon premises if the owner of the
premises or the owner of the trailer obtains a permit for such occupancy
from the Code Enforcement Officer. Such permit shall be granted only in
conjunction with the issuance of another building permit for construction
of a structure on the same premises costing at least $75,000, or in
conjunction with a public works project. Any permit for such construction
trailer shall expire one year from the date of its issuance unless renewed
by the Code Enforcement Officer.
d. PREEXISTING SINGLEWIDE MOBILE HOMES. The following
applies to singlewide mobile homes on individual lots which were
occupied on and before July 10, 1995.
Zoning Law Adopted 1-4-2022
51
i) If such a singlewide mobile home is the single residential structure
on the lot, it may continue to be occupied as a lawfully permitted
use. It may be replaced with a newer manufactured home subject
to the issuance of a building permit.
ii) If such a singlewide mobile home is the second residential
structure on a lot, it may continue to be occupied as a lawfully
permitted use. It may be replaced with a newer manufactured
home only upon the approval of a Site Plan by the Planning Board.
e. SINGLEWIDE MOBILE HOMES AS TEMPORARY HOUSING. The
new installation of a singlewide mobile home as the second dwelling on a
lot may occur upon the granting of a Special Permit for same by the
Planning Board for the following:
i) Temporary housing for family members related to the owners of
the property, when such family members need close attention by
the owners due to age, illness, or similar circumstances.
ii) Temporary housing for personnel providing support services such
as caretaking, nursing, and similar services to the residents of the
principal dwelling on the property.
iii) Temporary housing for agricultural workers.
f. CRITERIA FOR SPECIAL PERMIT REVIEW FOR SINGLEWIDE
MOBILE HOMES. In considering an application for Special Permit for a
singlewide mobile home, the Planning Board shall consider the General
Conditions Required for Site Plan Review which are provided elsewhere
in this Local Law. In approving such a Special Permit, the Planning
Board may place conditions on such to ensure that, for example,
temporary housing is properly used as intended, and is removed when it is
no longer needed.
Section 707 - LIGHT INDUSTRIAL ESTABLISHMENTS. Light Industrial uses
and/or operations may only be allowed, established, or conducted within approved
Planned Development Zones, except where otherwise permitted in a different Zone.
Section 708 - FLOOD HAZARD PROTECTION. No construction shall occur within
an area governed by the Town of Danby local law relating to flood damage protection
except as the same is permitted and occurs in accordance with the terms of such local
law.
Section 709 - WIRELESS COMMUNICATION FACILITIES- No approvals of,
construction of, or modifications to Wireless Telecommunications Facilities, as defined
in the Town of Danby Local Law governing such facilities, shall occur except as the
Zoning Law Adopted 1-4-2022
52
same is permitted and occurs in accordance with the terms of such local law.
Section 710 - ADULT ENTERTAINMENT BUSINESSES. Adult entertainment
businesses, when permitted by other provisions of this Local Law, shall be subject to
complying with the following requirements which shall be in addition to any other
requirements or considerations set forth elsewhere in this Local Law:
1. Receipt from the Planning Board of a special permit or same after submission and
approval by the Planning Board of a site plan, all in accordance with the
provisions of Articles VIII and IX of this Local Law.
2. The building in which the business is conducted, and the related parking areas, are
located at least
a. 150 feet from any highway right of way line;
b. 250 feet from the boundary of any Residential Zone;
c. 750 feet from any dwelling or public hiking trail;
d. 750 feet from the property boundary line of any church, school, library,
community center, child care facility, government building, fire station,
public recreation area, or any other facility or area serving significant
numbers of children and families, or where children and families regularly
congregate; and
e. 1000 feet from the building and related parking area of any other adult
entertainment business or any establishment at which alcoholic beverages
are sold;
The distances provided hereinabove shall be measured by following a straight
line, without regard to intervening buildings, from the nearest building, parking
lot boundary, or other structure of an adult entertainment business, to the nearest
point of the principal residential structure, public recreation area, hiking trail, lot
line, or zone boundary from which the adult entertainment business is to be
separated.
3. The building and lot upon which it is located comply in all other respects with the
requirements set forth in articles VIII and IX and with the requirements of Section
706, except as modified by this local law and with the following further
exceptions:
a. If the type of adult entertainment business, is one specified in Section 706,
the minimum parking requirements shall be those set forth in such section
for that type of structure (e.g., if the adult entertainment business is a
theater, there shall be one parking space for each five seats).
Zoning Law Adopted 1-4-2022
53
b. If the type of adult entertainment business is not one specified in Section
706, the minimum parking requirement shall be 300 square feet of parking
area, including lanes and driveways, for each 100 feet of floor area,
exclusive of basements used for storage. (e.g., if the adult entertainment
business is a massage parlor, the minimum parking area shall be 300
square feet for each 100 feet of floor area).
Section 711 - STORMWATER REQUIREMENTS. The requirements of the Town’s
Stormwater Local Law are incorporated into this Zoning Local Law, and all activities in
all zones listed in this Article 6, and all hereafter approved Planned Development Zones,
shall comply with such Stormwater Local Law and all requirements therein, including,
but not limited to, the preparation and approval of SWPPPs, the obtaining of Stormwater
Permits, and the design, planning, installation, construction, maintenance, and
improvement of temporary and permanent Stormwater Management Practices, as each
and all of such capitalized terms are defined and used within such Stormwater Local
Law.
Section 712 - GROUNDWATER PROTECTION REQUIREMENTS.
1. PROHIBITED USES AND ACTIVITIES. The following uses and
activities are specifically prohibited in the Town of Danby in order to
safeguard groundwater resources:
a. Any use or activity that involves the on-site disposal of solid waste,
medical waste, petroleum, radioactive material, hazardous or toxic
substances, hazardous waste, process wastes, including wastewater
(except for the disposal of sewage through an on-site wastewater
treatment system, or the agricultural use of animal manure, associated
bedding material, and food processing wastes where such wastes are
applied at or below agronomic rates).
b. Any solid waste management facility except for land application or
composting facilities permitted by NYSDEC for agricultural use
within an agricultural district created pursuant to New York State
Agriculture and Markets Law.
c. Surface land application of septage, sewage, or sludge except where
permitted by NYSDEC for agricultural use within an agricultural
district created pursuant to New York State Agriculture and Markets
Law.
d. Construction of a concentrated animal feeding operation in portions of
the Town located outside of a local agricultural district created
pursuant to New York State Agriculture and Markets Law.
Zoning Law Adopted 1-4-2022
54
e. A facility that receives hazardous or toxic substances, hazardous
waste, medical waste, or radioactive material generated off-site for
treatment, storage, or disposal.
f. Bulk stockpiling or storage of coal, cinders, deicing compounds,
hazardous substances, hazardous wastes, toxic substances, fertilizers,
herbicides and/or pesticides except in packaging for individual use or
resale or in structures designed to prevent contact with precipitation
and constructed on low permeability pads designed to control seepage
and runoff.
g. Storage of manure, except for individual household or agricultural use,
or at commercial establishments in packaging for individual use or
resale.
h. Natural gas and/or petroleum extraction, exploration, production and
associated support activities, materials, and wastes, the definition of
which is more particularly described elsewhere in this Local Law.
i. Drilling of wells to be used for: natural gas and/or petroleum
exploration, extraction, production, and/or storage; solution salt
mining; open-loop geothermal heating and cooling systems; or
disposal of wastes including brine, natural gas exploration
and/petroleum production waste, process waste, hazardous wastes,
radioactive material, and wastewater.
j. Installation of pipeline facilities used in the transportation of
hazardous liquids, including crude oil, condensate, natural gasoline,
natural gas liquids, liquefied petroleum, and other petroleum products.
k. Application of production brine from an oil or gas well source or a
liquefied petroleum gas (LPG) storage facility onto roads or other land
surfaces.
l. Drilling, development, and/or construction of sources of water for
bottled water or bulk water facilities except for the collection of spring
water without the use or assistance of an external force. Water must
continue to flow naturally to the surface of the earth through the
spring's natural orifice.
2. SPECIAL PROVISIONS AND REQUIREMENTS
FACILITIES WITHIN AN AGRICULTURAL DISTRICT. Where land
application facilities, composting facilities, or concentrated animal feeding
operations are permitted by NYSDEC and located in a local agricultural
district created pursuant to New York State Agriculture and Markets Law,
Zoning Law Adopted 1-4-2022
55
the landowner shall: provide the Town a copy of all correspondence
between the landowner/applicant and the applicable federal, state or local
regulatory agencies; give the Town a copy of all applicable federal, state
and local permits; provide access to permitted sites by Town officials; and
keep the Town updated on changes in permit status.
3. GROUNDWATER RESOURCES EVALUATION
a. GROUNDWATER DATA STATEMENT. For any proposed use that will
involve the withdrawal of groundwater from on-site wells and would
eventually require the preparation and approval of a site plan under the
provisions of this Local Law (see Article VIII, Sections 800-802), the
applicant must complete a “Groundwater Data Statement” and submit it to
the Town Zoning Enforcement Officer. Such an application must contain
the following information:
i. Projected average daily water demand from existing and proposed
on-site wells. Calculations for estimating the average daily water
demand must be included and be based upon established design
standards and upon the maximum projected use averaged in any
consecutive thirty-day period. Note that the Town of Danby has
compiled estimated daily water use for various permitted land uses.
ii. A map with the location of all existing and proposed wells at the
site, including their position with respect to property lines, existing
or proposed water bodies, roads, buildings, and potential
contaminant sources as listed in Table 1 of Section 5-B.4 of
Appendix 5-B of 10 NYCRR Part 5.
b. GROUNDWATER RESOURCES ASSESSMENT. Applicants seeking
approval for actions classified as Type I in 6 NYCRR Part 617.4 or
Environmental Review of Actions in the Town of Danby must conduct
and submit a Groundwater Resources Assessment if the submitted
Groundwater Data Statement indicates that the proposed use involves a
projected average daily water demand of 4,000 gallons per day or more.
Work related to the Groundwater Resources Assessment shall be
performed or directly supervised by a professional geologist.
Alternatively, work may be performed or directly supervised by a licensed
professional engineer who is experienced in performing groundwater
studies.
The Groundwater Resources Assessment shall include:
An inventory of all water wells within one-half mile (2,640 feet) of the proposed
site supply wells. The well inventory should include where available: the
Zoning Law Adopted 1-4-2022
56
location of wells on a map, and a listing of the wells with the following
data: well depth, name of owner, type of aquifer intersected, depth of well
casing, screened interval (if applicable), diameter, static water level, depth
of pump intake, age of well, yield, any issues with water quantity or
quality, and any other relevant data that can be reasonably obtained from
sources such as government databases (NYSDEC and USGS), local well
drillers, and a survey of local property owners.
An inventory of known and potential contaminant sources within 2,640 feet of the
pumping well(s). The potential contamination source inventory shall
include data from sources such as regulatory databases, real property tax
assessment land classification codes, land use mapping, visual survey(s),
historical land records, anecdotal accounts, etc.
An inventory of surface waters and wetlands within 2,640 feet of the pumping
well(s).
. 4. PROTOCOLS FOR GROUNDWATER MITIGATION.
UNDUE ADVERSE IMPACT. In evaluating a proposed action classified as
Type I in 6 NYCRR Part 617.4 or Environmental Review of Actions in the Town of
Danby for determination of environmental significance, the Planning Board, and/or Town
Board, acting as Lead Agency must determine that the proposed use will not have an
undue adverse impact to existing supply wells, surface water, wetlands, or contaminant
source(s). For these proposed actions, it will be presumed that such withdrawals will not
have an undue adverse effect if the following can be demonstrated:
The area of pumping influence of the use’s wells does not intersect surface water
or wetlands.
If the area of pumping influence of the use’s wells does intersect surface water,
any reduction in surface water levels or flows is slight and will not cause a resultant
violation of surface water quality rules.
If the area of pumping influence of the use’s wells does intersect wetlands, there
is no resulting loss of wetlands, their function, or value.
The area of pumping influence of the use’s wells does not intersect any existing
off-site water supply wells.
If the area of pumping influence of the use’s wells does intersect existing off-site
wells, the withdrawal from the proposed use’s wells does not affect the continued future
use of the existing wells.
The area of pumping influence of the use’s wells does not intersect known areas
of groundwater contamination.
Zoning Law Adopted 1-4-2022
57
For uses that a Spill Prevention Plan (SPP) be submitted, it will be presumed that
the use and/or storage of substances at the proposed facility will not have an undue
adverse effect if the following can be demonstrated:
There are no existing supply wells, surface water, or wetlands located within the
areas projected to be impacted by a spill for a minimum distance 1,500 feet downgradient
of the facility.
If there are existing supply wells, surface water, or wetlands located within the
areas projected to be impacted by a spill for a minimum distance 1,500 feet downgradient
of the facility, there will be management practices, response activities, and monitoring
practices in place to adequately minimize the potential for impacts.
MITIGATION OF GROUNDWATER WITHDRAWAL IMPACTS. In order to
ensure that the quantity and quality of groundwater or surface water is not unreasonably
degraded or depleted, the Planning Board or Town Board may require changes or
additions to the applicant’s site plans as a condition of approval to safeguard available
groundwater resources.
Examples of such mitigation measures could include:
Deepening impacted well(s) and test for water quantity and quality.
Redeveloping the well(s) and test for quantity and quality.
Conducting a yield test on an impacted well or re-evaluate existing data.
Evaluating the feasibility of connecting to a public water system or developing an
alternative water source for the affected well(s).
Reducing use average withdrawal volumes through design alternatives, water
conservation measures, etc.
MONITORING WELLS. If there are existing supply wells, surface water, or
wetlands located within the areas projected to be impacted by a spill for a minimum
distance 1,500 feet downgradient of the facility, the Planning Board or the Town Board,
as a condition of site plan approval or special permit issuance may require ongoing
groundwater monitoring as follows:
Installation and maintenance of a minimum of one groundwater
monitoring/observation well in a direction upgradient from on-site activities and one
groundwater monitoring/observation well in a direction downgradient from on-site
activities. In addition, at least one additional monitoring/observation well shall be
installed and maintained in order to determine the water table or potentiometric surface
gradient at the site. The specific location of these groundwater monitoring/observation
Zoning Law Adopted 1-4-2022
58
wells shall be determined by a professional geologist as defined previously in this
section.
Required water quality sampling from monitoring wells will include a set of water
quality samples taken before the use has been initiated to serve as a baseline. Subsequent
sampling by the facility must occur after any releases of petroleum, chemicals and
materials which may cause environmental damage are reported to the NYSDEC. At the
time of notification to the NYSDEC, the facility must also report the release to the Town
Zoning Enforcement Officer.
At a minimum, the water quality samples are to be analyzed for: coliform
bacteria, arsenic, lead, nitrate, nitrite, iron, manganese, sodium, pH, hardness, alkalinity,
turbidity, and total dissolved solids. Additional tests for volatile organic compounds,
chloride, metals, and/or other parameters will be specified by the Planning Board or
Town Board depending upon the nature of the proposed use, material stored, and/or the
site’s history.
The owner of the property on which groundwater monitoring is required shall pay
all costs and fees related to retention of qualified experts and water sampling. Access to
monitoring wells and monitoring data shall be provided to the Town for purposes of
inspecting and monitoring water quality sampling deemed as appropriate.
The Zoning Enforcement Officer, or his or her designee, shall make regular
inspections of the use to ascertain compliance with the rules and regulations set forth
above.
5. COMPLIANCE WITH WATER WELL CONSTRUCTION
REGULATIONS AND WELL CONTRACTOR REQUIREMENTS.
Prior to issuance of a Certificate of Occupancy for a project for which a
Building Permit was issued, where such project is related to the
installation of a new well, the Zoning Enforcement Officer or his or her
designee, shall verify the following information:
a. The water well contractor that has completed the well(s) is registered
with the New York State Department of Environmental Conservation
(NYSDEC).
b. A copy of the well completion report(s) has been submitted to the
Town, and also to the NYSDEC and the water well owner.
c. The well installation is in compliance with the provisions of Appendix
5-B of the New York State Department of Health regulations (10
NYCRR Appendix 5-B) unless an applicable waiver or variance has
been issued by the New York State Department of Health or Tompkins
County Health Department.
Zoning Law Adopted 1-4-2022
59
In making such verification, the Zoning Enforcement Officer or his/her
designee may rely on information from the authorities having
jurisdiction cited in 10 NYCRR Appendix 5-B.
Section 714 - SOLAR ENERGY SYSTEMS
i. ALL SYSTEMS.
a. Building Permits are required for all solar energy systems.
b. To the maximum extent practicable, solar panels must not obscure
architectural details or features.
c. No grid-tied solar energy system may be installed until the applicant has
submitted evidence that the utility company has been informed of the
customer’s intent to install an interconnected customer-owned generator as
well as documentation from said utility that it will connect the proposed
customer-owned generator into its power grid. Off-grid systems shall be
exempt from this requirement.
d. Solar Energy Systems that produce electricity primarily for active farming
or agricultural uses, where the generation is less than one hundred and ten
percent (110%) of the farm use, are exempt from Site Plan Review.
e. Installation of solar energy systems are prohibited in:
i. Required open space;
ii. Required buffers; or
iii. Park set-aside areas required as a condition of subdivision
approval.
ii. BUILDING-MOUNTED SOLAR COLLECTION SYSTEMS
a. Building-Mounted Solar Energy Systems that use the electricity on-site or
off-site are permitted as an accessory use in all zoning districts, including
Planned Development Zones, when attached to any lawfully permitted
building or structure.
b. Building-Mounted Solar Energy Systems mounted on a flat roof may
project no more than 15 feet above the roof surface, and must be set back
at least 18 inches from the roof edge.
c. The highest point of a Building-Mounted Solar Energy System
installations on a sloped roof must not exceed the highest point of the roof
to which it is attached as allowed by setback requirements.
iii. GROUND-MOUNTED SYSTEMS
a. All Ground-Mounted Systems.
i. Ground-mounted Solar Energy Systems are limited to a maximum
height of twenty (20) feet when system is oriented at maximum tilt from
horizontal.
ii. Ground-Mounted Solar Energy Systems are required to meet the
same setback requirements as any other principal building in the
underlying zoning district.
iii. Ground-Mounted Systems shall not be permitted in a front yard
unless the Applicant demonstrates that the rear yard locations will not
result in acceptable solar access.
Zoning Law Adopted 1-4-2022
60
iv. The horizontal surface area covered by Ground-Mounted Solar
Energy Systems must be included in total lot coverage and, when
combined with the coverage of other structures, the total area must not
exceed the maximum lot coverage or impervious surface permitted in the
underlying zoning district except that when the maximum impervious
surface includes a maximum area in addition to a maximum percentage,
only the percentage shall apply to Ground Mounted Solar Energy Systems.
In Planned Development Zones that do not reference underlying zoning,
the maximum lot coverage is 25%. For the interpretation of this section
Solar shall be considered impervious surface.
iv. SOLAR ENERGY FACILITIES
a. Solar collection devices are limited to a maximum height of twenty (20)
feet when system is oriented at maximum tilt from horizontal.
b. Solar collection devices must be located outside the minimum side yard
and rear setbacks of seventy-five (75) feet; the minimum front yard
setback is fifty (50) feet. The minimum setback to an inhabited structure
on an adjacent lot must be one hundred (100) feet.
c. The horizontal surface area covered by solar collection devices must be
included in total lot coverage and, when combined with the coverage of
other structures, the total area must not exceed the maximum lot coverage
as permitted in the underlying zoning district.
d. All appurtenant structures to Solar Energy Facilities, including but not
limited to equipment shelters, storage facilities, transformers, and
substations, must be architecturally compatible with each other. Whenever
reasonable, structures should be screened from view by vegetation and/or
joined or clustered to avoid adverse visual impacts.
e. Fencing to prevent unauthorized access may enclose Solar Energy
Facilities mounted on the ground. Warning signs with the owner’s name
and emergency contact information must be placed on any access point to
the system and on the perimeter of the fencing. Landscaping or planted
buffers required to avoid adverse aesthetic impacts, as approved by the
Planning Board, must further screen the fencing and the system.
f. Reasonable efforts, as determined by the Planning Board, shall be made to
place all utility connections for the Solar Energy Facility underground,
depending on appropriate soil conditions, shape, and topography of the
site and any requirements of the utility provider. Electrical transformers
for utility interconnections may be above ground if required by the utility
provider.
g. Motion-activated or staff-activated security lighting around the equipment
area of a Solar Energy Facility or accessory structure entrance may be
installed provided that such lighting does not project off the site. Such
lighting should only be activated when the area within the fenced
perimeters has been entered.
h. A locked gate at the intersection of the access way and a public road may
be required to obstruct entry by unauthorized vehicles. Such gate must be
located entirely upon the lot and not on the public right-of-way.
Zoning Law Adopted 1-4-2022
61
i. Equipment and vehicles not used in direct support, renovations, additions
or repair of any Solar Energy Facility must not be stored or parked on the
facility site.
j. Solar Energy Facilities must not be located in the following areas, unless
otherwise approved by the Planning Board in conjunction with a Site Plan
Review process as provided in Article VIII:
i. Ten (10) acre or greater extents of actively-farmed prime agricultural
soils as identified by the United States Department of Agriculture-
Natural Resources Conservation Service (USDA-NRCS) or alternative
available resource.
ii. Areas of potential environmental sensitivity, such as Unique Natural
Areas as designated by the Tompkins County Environmental
Management Council; Critical Environmental Areas as designated by
the Town of Danby; one-hundred-year floodplains FEMA Zones A or
AE; adjacent to or within the control zone of any airport; state-owned
lands; properties encumbered by conservation easements; public trails;
parkland; or designated wetlands.
iii. On slopes of greater than fifteen percent (15%) unless the Applicant
can demonstrate through engineering studies and to the satisfaction of
the Town Zoning Enforcement Officer that the proposed development
will not create any adverse environmental impact that will not be
satisfactorily mitigated.
iv. Within the front yard, if any above-ground portion of the system is
within 100 feet of a Public Highway right-of-way.
v. Within 100 feet of perennial streams and within 50 feet of intermittent
streams.
k. Abandonment and Decommissioning. The owner or operator shall
physically remove the installation no more than 150 days after the date of
discontinued operations. The owner or operator shall notify the Planning
Board by certified mail of the proposed date of discontinued operations
and plans for removal. To ensure the proper removal of Solar Energy
Facilities, a Decommissioning Plan must be submitted as part of the
Application. Compliance with this plan is a condition of the granting of a
Site Plan approval under Article VII, Section 808.
1. The Decommissioning Plan must:
1) Specify that after the Solar Energy Facility can no longer be used or has
reached the end of its useful life, it must be removed by the Applicant or any
subsequent owner.
2) Demonstrate the removal of all solar panels, structures, equipment,
security barriers and transmission lines
3) Demonstrate the remediation of soil stabilization and/or re-vegetation of
the site as necessary to minimize erosion. The Planning Board may allow the
owner or operator to leave landscaping or designated below-grade foundations in
order to minimize erosion and disruption to vegetation.
4) Specify disposal of all solid and hazardous waste in accordance with local,
state, and federal waste disposal regulations.
Zoning Law Adopted 1-4-2022
62
5) Include an expected timeline for execution.
6) A cost estimate detailing the projected cost of executing the
Decommissioning Plan must be prepared by a Professional Engineer. Cost
estimations must take inflation into account.
2. Removal of Solar Energy Facilities must be completed in accordance with
the Decommissioning Plan. If the Solar Energy Facility is not decommissioned
after being considered abandoned, the municipality may remove the system and
restore the property and impose a lien on the property to cover these costs to the
municipality.
l. Financial Surety. An Applicant for a Solar Energy Facility shall provide a
form of surety, either through Development Escrow Agreement or bond, to cover
the cost of removal in the event the Town must remove the installation and
remediate the landscape, in an amount and in a form acceptable to the Town
Attorney but in no event to exceed more than 125 percent of the cost of removal
and compliance with the additional requirements set forth herein, as determined
by the Applicant. The Applicant shall submit a fully inclusive estimate of the
costs associated with removal, prepared by a qualified engineer. The amount shall
include a mechanism for calculating increased removal costs due to inflation or
changes to disposal regulations.
ARTICLE VIII: SITE PLAN REVIEW AND APPROVAL
PROCEDURES.
Section 800 – SITE PLAN REVIEW FOR APPLICATIONS FOR REZONING.
Before an application is submitted to the Town Board for rezoning or the establishment
of a Planned Development Zone or a Mobile Home Park Zone, the establishment of
which may be permitted under this Local Law, the applicant shall proceed as follows:
1. At the option of the applicant, the applicant may request a conference with either
the Planning Board or the Town Board to informally explore the applicant's
proposal. The applicant may submit a sketch or other preliminary information for
the board's consideration and reaction. No decision will be made by either board
and the sole function of the conference is to provide a forum early in the process
to consider the matters and applications at hand.
2. The applicant will submit a general site plan to the Planning Board which shall
show (unless one or more items are waived by the Planning Board) property lines,
including metes and bounds, adjacent public streets, topography, size and location
of existing or proposed structures, structures including the percentage of
impervious surfaces before and after proposed development; details regarding the
storage, distribution, generation, use, and/or treatment of any petroleum,
hazardous wastes, hazardous or toxic substances, or radiological substances;
projected average daily water demands and the applicant shall submit such other
plans and information and any other features deemed reasonably necessary by the
Zoning Law Adopted 1-4-2022
63
Planning Board for adequate study of the proposed plan. The application shall
also include any documentation required to comply with the New York State
Environmental Quality Review Act. Whenever any site plan is required by the
Town’s Stormwater Local Law to have any temporary or permanent Stormwater
Management Practices or to submit any type of SWPPP, whether any waiver is
granted or otherwise under such Stormwater Local Law, the site plan shall also
show the location, size and function of all Stormwater Management Practices.
Additionally, any owner or applicant shall also submit, prior to any consideration
of a final approval for any site plan, a SWPPP that has been approved under the
Stormwater Local Law and such Maintenance Agreements, management plans,
Dedications, or other documents or things as may be requested or required by the
Planning Board, including, but not limited to, information relating to compliance
with the Stormwater Local Law and all information relating to any SPDES
permits applied for, to be applied for, or already issued.
3. The Planning Board may require such changes in the general site plan as are
necessary to meet the requirements of this Local Law and may make any other
recommendations which it deems necessary to promote the general health, safety,
morals and the general welfare of the community. The Planning Board shall then
adopt a resolution recommending to the Town Board approval, approval with
modifications, or disapproval of the proposed plan. Before any such resolution is
adopted, the Planning Board shall hold a public hearing which shall be heard by
the Planning Board within 62 days of the filing of the completed application with
the Planning Board. For this purpose, and notwithstanding the terms of Town
Law and the State Environmental Quality Review Act and regulations thereunder,
an application shall be deemed preliminarily complete upon receipt of all required
application materials including SEQR forms needed to determine the
environmental significance of the proposed action. If the Planning Board
determines the proposed action may have a significant environmental impact,
such application shall no longer be deemed complete until receipt of a final
environmental impact statement and until all related SEQR proceedings are
completed. Notice of any such hearing shall also follow the Public Hearing
Notification Procedures for Site Plans set forth in this Local Law. The Planning
Board shall make its recommendation within 62 days after the hearing and shall
forward the same to the Town Clerk.
4. The Town Board shall then hold a public hearing on the proposed zone with the
same notice required by law in the case of an amendment to the Zoning Local
Law. Notice of any such hearing shall also follow the Public Hearing Notification
Procedures for Site Plans set forth in this Local Law. If the Town Board
establishes such zone after such hearing, it shall define the boundaries thereof,
approve the general site plan and impose any modifications and additional
requirements as it may determine. Before finally establishing any such zone, the
Town Board may refer the application to the Town Planning Board or the Board
of Appeals for such further consideration as the Town Board may require. No
building permit shall, in any case, be issued on the basis of a general site plan.
Zoning Law Adopted 1-4-2022
64
5. Whenever a zone is created pursuant to the provisions of this Article, the owner
shall be bound by the general site plan as approved and adopted by the Town
Board.
Section 801 - SITE PLANS REQUIRED FOR SITE PLAN REVIEW. When
applying for Site Plan Approval pursuant to the procedures hereinafter set forth, a site
plan shall be submitted in accordance with this section.
1. The site plan shall show (unless one or more items are waived by the Planning
Board) property lines, including metes and bounds, adjacent public streets,
topography, size and location of existing or proposed structures, including the
percentage of impervious surfaces before and after proposed development; details
regarding the storage, distribution, generation, use, and/or treatment of any
petroleum, hazardous wastes, hazardous or toxic substances, or radiological
substances; the projected average daily water demands; and such other plans and
information and any other features deemed reasonably necessary by the Planning
Board for adequate study of the proposed plan.
2. The Planning Board may require such changes in the site plan as are necessary to
meet the requirements of this Local Law and may make any other changes which
it deems necessary to promote the general health, safety, morals, and the general
welfare of the community. The Planning Board shall then adopt a resolution
(which resolution may be in conjunction with the resolution regarding approval or
disapproval of a special permit) either approving, approving with modifications,
or disapproving the proposed plan. Before any such resolution is adopted, the
Planning Board shall hold a public hearing which shall be heard by the Planning
Board within 62 days of the filing of the completed application for the Special
Permit with site plan with the Planning Board. For this purpose, determination of
the completeness of the application shall include the provisions set forth above for
general site plans. Notice of any such hearing shall also follow the Public
Hearing Notification Procedures for Site Plans set forth in this Local Law. The
Planning Board shall make its determination within 62 days after the hearing
except as such time may be modified for compliance with environmental review
requirements and other laws and regulations.
3. The owner and applicant shall be bound by the approval and any conditions
imposed on the final site plan by the Planning Board.
4. Whenever any site plan is required by the Town’s Stormwater Local Law to have
any temporary or permanent Stormwater Management Practices or to submit any
type of SWPPP, whether any waiver is granted or otherwise under such
Stormwater Local Law, the site plan shall also show the location, size and
function of all Stormwater Management Practices. Additionally, any owner or
applicant shall also submit, prior to any consideration of a final approval for any
site plan, a SWPPP that has been approved under the Stormwater Local Law and
Zoning Law Adopted 1-4-2022
65
such Maintenance Agreements, management plans, Dedications, or other
documents or things as may be requested or required by the Planning Board,
including, but not limited to, information relating to compliance with the
Stormwater Local Law and all information relating to any SPDES permits applied
for, to be applied for, or already issued.
Section 802 - FINAL SITE PLAN APPROVAL AND MODIFICATIONS OF SITE
PLANS.
1. After any Planned Development Zone, Mobile Home Park Zone, or any other
special land use zone has been established by the Town Board, and/or whenever a
specified development proposal or site or any changes in the general plan are
proposed, or whenever a site plan is required by any other provision of this Local
Law, or whenever a change in the physical conditions of a site is proposed for
such a zone that may have been created prior to there being a requirement for a
site plan, a site plan for the proposed use must be submitted and approved by the
Planning Board before a building permit may be issued. If the original site plan
submitted in connection with the initial creation of the zone or the granting of the
Special Permit was of sufficient detail and contained sufficient information as to
constitute, in the Planning Board's discretion, a final site plan, such original site
plan shall suffice, but only so long as there is demonstrated compliance with the
Town’s Stormwater Local Law, including, but not limited to, the submission and
approval of any SWPPP and the issuance of such permits or approvals required
under such Stormwater Local Law. Otherwise, the applicant shall submit a
detailed site plan (hereinafter referred to as ‘final site plan’) in accordance with
this Local Law. This final site plan shall show (unless one or more items are
waived by the Planning Board) property lines, including metes and bounds,
adjacent public streets, topography, including existing and proposed contours, size
and location of structures, including the percentage of impervious surfaces before
and after proposed development; area and location of parking, off-street loading
and access drives, proposed signs and lighting, proposed landscaping, details
regarding the storage, distribution, generation, use, and/or treatment of any
petroleum, hazardous wastes, hazardous or toxic substances, or radiological
substances; the projected average daily water demands; and any other features
deemed reasonably necessary by the Planning Board for adequate study of the
proposed plan. Such site plan shall also show the location, size and function of all
Stormwater Management Practices. Additionally, any owner or applicant shall
also submit, prior to the issuance of any final approval for any site plan
(conditional or otherwise), a SWPPP that has been approved under the
Stormwater Local Law and such Maintenance Agreements, management plans,
Dedications, or other documents or things as may be requested or required by the
Planning Board, including, but not limited to, information relating to compliance
with the Stormwater Local Law and all information relating to any SPDES
permits applied for, to be applied for, or already issued.
2. The Planning Board may require such changes as are necessary to meet the
Zoning Law Adopted 1-4-2022
66
requirements of this Local Law. If the final site plan is substantially similar to the
general site plan, no public hearing shall be required.
3. The Planning Board shall hold a public hearing, if such hearing is required, within
62 days of the filing of the completed application for final site plan approval. For
this purpose, determination of the completeness of the application shall include
the provisions set forth above for general site plans. Notice of any such hearing
shall also follow the Public Hearing Notification Procedures for Site Plans set
forth in this Local Law. Within 62 days after the hearing, or within 62 days of the
filing of the completed application with the Planning Board if the hearing has
been waived, the Planning Board shall approve or disapprove the final site plan.
The owner shall be bound by approval of and any conditions imposed on the final
site plan as approved by the Planning Board.
4. If at any time subsequent to the approval of the final site plan, the owner wishes
to change the final site plan as approved, an application with the revised site plan
prepared in accordance with the requirements of this Local Law shall be
submitted to the Planning Board for the Planning Board's approval. In reviewing
such application for a modified site plan the Planning Board shall have all of the
powers it has with respect to reviewing an original application for site plan
approval and the same public hearing requirements, time limits, and other
procedures shall apply. Notwithstanding the foregoing, if the modification
involves
a. construction or alteration of less than 1,000 square feet of enclosed space
whether on one or more stories; and
b. construction or relocation of less than 3 parking spaces; and
c. construction, repairs, alterations, or renovations affecting the exterior of a
building or the site, (where exterior work is anticipated to cost less than
$20,000.00), and
d. enlargement of an existing building that involves an increase of square
footage of less than 10% of the existing square footage of the existing
building; and
e. no alteration of proposed traffic flows and access; and
f. no direct violation of any express conditions imposed by the Planning
Board in granting prior site plan approval,
or if the modification involves
a. a movement or shift of a location of one or more buildings not more than
two feet in any direction from the location shown on the final site plan;
Zoning Law Adopted 1-4-2022
67
and
b. such shift does not alter proposed traffic flows or access; and
c. such shift does not directly violate any express conditions (including,
without limitation, buffer zones, setbacks, etc.) imposed by the Planning
Board in granting prior site plan approval,
then such modification may be approved by the Zoning Officer without requiring
approval of the modified site plan by the Planning Board. The Zoning Officer
shall file the modified site plan with the Town Clerk and notify the Planning
Board at their next meeting whenever modifications are made pursuant to this list.
This waiver of the requirement of Planning Board approval is not intended to
permit construction in violation of any other provision of the Zoning Local Law
including setback, side yard, and similar regulations, or the requirement to obtain
a building permit in those circumstances when otherwise required by the terms of
this Local Law.
Section 803 - WAIVER OF REQUIREMENTS RELATED TO SITE PLAN. The
Town Board in those circumstances where a site plan is required for Town Board review,
and the Planning Board, in those circumstances where a site plan is provided for Planning
Board review, may waive one or more items (e.g., topography) otherwise normally
required to be shown on the site plan when the applicable board determines that the
circumstances of the application do not require a full site plan for adequate consideration
of the applicant's proposal.
Section 804 - PUBLIC HEARING NOTIFICATION PROCEDURES FOR SITE
PLANS.
1. Notice of any public hearing scheduled by the Planning Board for consideration
of a general, final, or modified site plan, including a site plan which is part of a
special permit application, shall be mailed to the applicant and shall be posted and
published in the official Town newspaper at least 10 days prior to the date of such
hearing, such notice to include the nature of the request and the time and place at
which it will be heard.
2. Notice of any public hearing scheduled by the Town Board for consideration of
an application for rezoning shall follow the same notice required by law in the
case of an amendment to the Zoning Local Law.
3. Notice of hearing as described in Paragraphs 1 and 2 above, and as provided in
Town Law are the only notifications required. However, in order to promote
public information, it is a policy of the Town that a similar notice of any such
public hearing be mailed or delivered by the applicant to all owners of property
within 500 feet of the boundaries of the property under consideration. The board
holding the hearing may, in its discretion, require that property owners within a
Zoning Law Adopted 1-4-2022
68
distance of more than 500 feet of such boundaries be notified, and/or may direct
Town staff to conduct the notification. Such mailing or delivery shall occur no
less than 5 days prior to the date of the public hearing. The applicant (or the
Town staff conducting the notification) shall file proof of such mailing or delivery
with the board holding the hearing no later than the date of the hearing.
4. Failure to notify property owners near a site for which a public hearing is
scheduled, shall not be a jurisdictional defect and any action taken by any board,
employee, or agent of the Town in connection with such hearing shall not be
nullified or voidable by reason of the failure to provide such notification.
However, the failure to provide such notification may be grounds, should the
involved board in its discretion so determine, to decline to conduct a scheduled
public hearing. The involved board may, on good cause shown, waive the above-
described policy of property owner notification.
Section 805 - GENERAL CONSIDERATIONS. The Planning Board's review of a
general, preliminary, or final site plan shall include as appropriate, but shall not be
limited to, the following considerations:
1. Adequacy, arrangement, and location of vehicular access and circulation,
including intersections, road widths, pavement surfaces, off-street parking and
loading areas, and traffic controls for non-residential development or the
development of more than 4 residential units.
2. Adequacy, arrangement, and location of pedestrian and bicycle traffic access and
circulation, control of intersections with vehicular traffic, and appropriate
provisions for handicapped persons.
3. Adequacy, location, arrangement, size, design, and general site compatibility of
buildings, lighting, signs, open spaces, and outdoor waste disposal facilities.
4. Adequacy, type, and arrangement of trees, shrubs, and other landscaping
constituting a visual and/or noise-deterring buffer between the applicant's and
adjoining lands, including the retention of existing vegetation of value to the
maximum extent possible.
5. In the case of a residential property, and in the case of other properties where
appropriate, the adequacy and utility of open space for playgrounds and for
informal recreation.
6. Protection of adjacent properties and the general public against noise, glare,
unsightliness, and noxious odors, air, water and soil or other objectionable
features.
7. Adequacy of storm water, drainage, water supply, and sewage disposal facilities.
Zoning Law Adopted 1-4-2022
69
8. Adequacy of fire lanes and other emergency provisions.
9. The effect of the proposed development on environmentally sensitive areas
including but not limited to wetlands, flood plains, woodlands, steep slopes, and
water courses, and on other open space areas of importance to the neighborhood
or community.
10. Compatibility of structures and other site improvements with adjoining land uses
and the general neighborhood.
11. Compliance with the Zoning Local Law, subdivision regulations, if applicable,
and any other applicable laws, rules, requirements, or policies.
12. Compliance with the Town’s Stormwater Local Law, and all requirements and
conditions therein, including demonstrated approvals and compliance with any
SWPPP approvals or SPDES permits.
13. Compliance with the Town’s Groundwater Protection Local Law and
consideration of the effect of the proposed use on the quality and quantity of
available groundwater resources, surface water, and wetlands at and beyond the
boundaries of the proposed use.
14. Compliance with the Town’s Commercial Design Guidelines, Appendix II of this
Local Law.
15. Specific Site Plan Review Parameters for Required Site Plans Outside of Hamlet
Zones:
a. Driveways should be shared, when possible, new road access points must be
minimized
b. Clustering of development rights is encouraged - clustering of lots may be
required by the Planning Board
c. New development should minimize impact on Class1 & 2 soils
d. New development should be hidden or screened from the road and neighboring
properties when possible
e. Attached multiple dwelling units are preferred over separated DUs
f. Views should be protected and impacts on views should be
minimized/mitigated
g. New development and new lots should be arranged to minimize fragmenting
existing contiguous fields and habitat.
h. Parking for more than 4 vehicles on a lot should be screened from view from
the road and neighboring properties.
i. All new exterior lighting must be Dark Sky compliant.
Zoning Law Adopted 1-4-2022
70
Section 806 - OTHER PROVISIONS REGARDING SITE PLANS.
1. No building permit shall be issued for a project with an approved final site plan
until the applicant has furnished to the Zoning Enforcement Officer an irrevocable
letter of credit in an amount to be approved by the Planning Board. Such letter of
credit shall insure that all items on the site plan that may be deemed necessary to
provide for adequate traffic flow, utilities, and other infrastructure items are
constructed in accordance with the approved final site plan and any other
pertinent specifications and requirements, including the construction, monitoring,
dedication, management, maintenance of any Stormwater Management Practices,
and including verification of the operational viability thereof. The Planning Board
may waive these requirements for 1–4-unit residential projects and other small-
scale projects where traffic and infrastructure are not significant concerns (except
stormwater requirements) and/or may accept other evidence or promises of
completion of required facilities for the site plan if, in its discretion, it determines
that there is no need for the letter of credit.
2. No final certificate of occupancy or certificate of compliance shall be issued until
all improvements (including Stormwater Management Practices) shown on the
final site plan as approved by the Planning Board are installed and, as to any
Stormwater Management Practices, operational viability has been verified and
any required maintenance and Maintenance Agreements and/or Dedications exist
or have occurred, unless a sufficient performance guarantee, such as a letter of
credit, has been provided to the Town for improvements not yet completed. The
sufficiency of such performance guarantee shall be determined by the Town
Board. The Town Board may waive the requirement for such performance
guarantee if, in its discretion, it determines that the guarantee is not needed.
3. Unless work has materially commenced in accordance with the final site plan
within one year from the issuance of the building permit authorizing such work,
or within thirty-six months of the date the Planning Board gave final site plan
approval, whichever is earlier, not only the building permit but the site plan
approval (both final and preliminary) shall expire and the permissible uses and
construction on the property shall revert to those in effect prior to the granting of
any site plan approval. However, in accordance with the Town’s Stormwater
Local Law, any site Stabilization or Stormwater Management Practices shall be
maintained or continued as required by such Stormwater Local Law, any
approved SWPPP, any SPDES permit(s), and related laws, regulations, and
permits of the State of New York or the Town of Danby. The Planning Board,
upon request of the applicant, after a public hearing, and upon a finding that the
imposition of the time limits set forth above would create an undue hardship on
the applicant, may extend the time limits for such additional periods as the
Planning Board may reasonably determine. An application for such extension
may be made at the time of filing of the original application or at any time
thereafter up to, but no later than, six months after the expiration of the time limits
set forth above. For the purposes of this section, work will not have “materially
Zoning Law Adopted 1-4-2022
71
commenced” unless, at a minimum, (i) a building permit, if required, has been
obtained; (ii) construction equipment and tools consistent with the size of the
proposed work have been brought to and been used on the site; and (iii)
substantial excavation (where excavation is required) or significant framing,
erection, or construction (where excavation is not required) has been started and is
being diligently pursued.
Section 807 - FAILURE OF TIMELY ACTION BY TOWN BOARD OR
PLANNING BOARD. The failure of the Town Board or the Town Planning Board to
act within the required time periods set forth in this Local Law shall not constitute an
approval of the proposed project but shall subject such Board to appropriate legal action
by any applicant who is aggrieved by the failure to so timely act.
Section 808 - SOLAR ENERGY FACILITY
1. Application Requirements. The Development Review Application must be
accompanied by all the appropriate application fees, forms, and number of copies of all
plans and supporting documentation, including but not limited to the following:
a. In fulfilling the requirements of the State Environmental Quality Review Act
(“SEQRA”), the Planning Board may require an Environmental Assessment Form
(“EAF”) for the proposed Solar Energy Facility. The Planning Board may require
submittal of a more detailed visual analysis based on the information in, or analysis of,
the EAF.
b. Evidence that a copy of the Development Review Application and submittals
outlined below has been submitted to the appropriate Fire Chief (Danby Fire District or
West Danby Fire Department). All means of shutting down the photovoltaic solar energy
system must be clearly marked on the Site Plan and building permit applications. Upon
request, the owner or operator shall cooperate with local emergency services in
developing an emergency response plan.
c. Site Plan of the Solar Energy Facility by a Registered Professional Engineer
licensed in the State of New York, at a scale of one-inch equals forty feet (1” = 40')
showing the proposed layout of the system, in accordance with the requirements of
Article VII and this section, including, without limitation:
i. North arrow and context map of development within 100 feet of the site,
including location and scale of principal buildings;
ii. Property boundaries and physical features, including roads;
iii. Name/Description and tax parcel number of project;
iv. Topography, proposed changes to the landscape of the site, grading, vegetation
clearing, including proposed drainage;
v. The zoning district, dimension of lots, property lines, and adjacent rights-of-way
on the subject property;
vi. Location of existing and proposed structures and site ingress and egress points,
including setbacks where applicable;
vii. Sign(s) location(s);
viii. The location, type, and intensity of any lighting on the site;
ix. The location, nature and extent of any existing and proposed fencing, landscaping,
and screening;
Zoning Law Adopted 1-4-2022
72
x. The location and nature of any proposed utility easements; and
xi. Identification of areas of potential environmental sensitivity, including onsite or
nearby Unique Natural Areas; slopes greater than 15%; floodplains; historic sites;
airports; government lands; conservation easements; trails; parkland; prime soils; and
designated wetlands.
a. Plans or drawings of the Ground-Mounted Solar Photovoltaic Installation
prepared by a Registered Professional Engineer licensed in the State of New York,
showing the proposed layout of the system and any potential shading from nearby
structures or vegetation.
b. One- or three-line electrical diagram detailing the Ground-Mounted Solar
Photovoltaic Installation, associated components, and electrical interconnection methods,
with all National Electrical Code compliant disconnects and overcurrent devices.
c. Documentation of solar collector type including but not limited to equipment
specification sheets for all solar panels and collectors, significant components, mounting
systems, and inverters that are to be installed as well as proposed solar energy production
capacity design level proposed for the Solar Energy System and the basis for the
calculations of the area of the Solar Energy System’s capacity.
d. Documentation of actual or prospective access and control of the project site
sufficient to allow for construction and operation of the proposed installation.
e. An operation and maintenance plan, including description of continuing Solar
Energy Facility maintenance and property upkeep, such as mowing and trimming, safe
access to the installation, as well as general procedures for operational maintenance of the
installation.
f. A Stormwater Pollution Prevention Plan (SWPPP) as required by the Stormwater
Management and Erosion and Sediment Control Local Law.
g. Name, address and contact information for the proposed system installer.
h. Proof of liability insurance. The owner or operator of the Solar Energy Facility
shall provide the Town Clerk with a certificated of insurance showing that the property
has sufficient liability coverage pursuant to industry standards.
i. A submission that clearly delineates the party responsible for decommissioning at
the end of the life of the system and in the event the owner of the system abandons the
system for any reason. Examples of such a document are a surety bond or securitization
obligation.
i. A Decommissioning plan as set forth in Article VII, Section 714, Subsection 3. b
vi: “Abandonment and Decommissioning.”
2. Completeness Review. The Planning Board shall, within thirty (30) calendar days
of the receipt of the application by the Town Clerk, determine whether the application is
complete or incomplete and shall notify the applicant in writing by mail.
a. Incomplete Applications. If the Planning Board determines the application to the
incomplete, the Board shall provide the applicant with a written explanation as to why the
application is incomplete and request the information necessary to complete the
application. Any additional information submitted by the applicant starts a new thirty
(30) calendar day Completeness Review.
b. Complete Applications. When the Planning Board determines the application to
be complete, the Board shall notify the applicant in writing.
3. Upon the Applicant’s written request submitted as part of the application, the
Zoning Law Adopted 1-4-2022
73
Planning Board may waive any requirements.
4. Approval Standards. The Town of Danby Planning Board must make findings of
fact on the following criteria:
a. Appearance and Buffering:
i. The Solar Energy Facility must have the least visual effect reasonably practicable
on the environment, as determined by the Planning Board. The determination must be
based on site specific conditions including topography, adjacent structures, and
roadways. Solar Energy Facilities must avoid clearing extensive areas of forest.
Reasonable efforts must be made to minimize visual impacts by preserving natural
vegetation and providing dense evergreen landscape screening to abutting residential
properties and roads, yet screening should minimize the shading of solar collectors.
ii. Fences or walls may not be constructed of chain link; vinyl; barbed wire;
concertina wire; razor wire; electrically charged wire; railroad ties; standard, fluted, or
split face concrete masonry units (CMU); scrap metal; tarps; or any other material
determined by the Zoning Enforcement Officer to be detrimental to the public health,
safety, and welfare.
iii. Any exterior lighting must not create unnecessary glare, sky glow, or light
trespass, must have the least visual effect practical on the contiguous properties and must
be approved by the Planning Board. Where practicable, lighting of the Solar Energy
Facility shall be directed downward and shall incorporate full cut-off fixtures to reduce
light pollution.
iv. The Planning Board may require additional information, such as line-of-sight
drawings, detailed elevation maps, visual simulations, before and after renderings, and
alternate designs to more clearly identify adverse impacts for the purpose of their
mitigation.
v. The Town, at the expense of the Applicant, may employ its own consultant(s) to
examine the application and related documentation and make recommendations as to
whether the criteria for granting Site Plan approval have been met, including whether the
Applicant’s conclusions regarding safety analysis, visual analysis, structural inspection,
and stormwater management aspects are valid and supported by generally accepted and
reliable engineering and technical data and standards.
5. No Site Plan approval or renewal thereof or amendment of a current Site Plan
approval relating to a Solar Energy Facility may be granted by the Planning Board unless
the Applicant demonstrates that such Solar Energy Facility:
a. Conforms to all federal and state laws and all applicable rules and regulations
promulgated by any federal or state agencies having jurisdiction.
b. Is designed and constructed in a manner that minimizes visual impact to the
extent reasonably practicable.
c. Complies with all other requirements of the Town of Danby Zoning Local Law
and applicable Design Guidelines unless expressly superseded herein.
d. Conforms with all adopted plans of the Town of Danby.
e. Does not exceed twenty (20) feet in height.
ARTICLE IX: SPECIAL PERMITS
Zoning Law Adopted 1-4-2022
74
Section 900 - GENERAL PROVISIONS.
1. PURPOSE. The purpose of this Article is to set forth regulations, procedures, and
conditions for establishing facilities and activities which, because of their nature,
location, or effect on the surrounding environment and the quality of the
community, warrant special evaluation of each individual case.
2. INITIAL AUTHORITY TO GRANT SPECIAL PERMITS. The initial authority
to grant Special Permits is delegated by the Town Board to the Planning Board
under the conditions and procedures set forth in this Article when the proposed
development is listed in the zone regulations as permitted with a Special Permit. .
3. EXEMPTIONS. Any change which does not involve any new facility or activity
or addition thereto, nor any structural alteration, is exempt from the requirements
for Special Permit and subject only to Building and Zoning Permit procedures.
4. EXPIRATION. A Special Permit authorizes only the proposed work or the
proposed activity specified on the Special Permit. The permit expires if the
permitted activity ceases for more than six months for any reason whatever. The
permit expires for any proposed work if the work has not commenced within one
year.
5. CONDITIONS ATTACHED TO THE ISSUANCE OF SPECIAL PERMITS. In
granting any Special Permit, the Planning Board may place such reasonable
conditions and restrictions as are directly related to and incidental to the proposed
Special Permit. Such conditions may include, but are not limited to, the
following:
a. Placing a time limit on the duration of the Special Permit, after which time
limit the Special Permit would expire unless a renewed Special Permit
were granted by the Planning Board.
b. Requiring a periodic status report from the grantee of the Special Permit or
his agent, or requiring periodic inspections by the Zoning Enforcement
Officer, so that the Planning Board may be apprised of the compliance of
the involved property with the terms of the Special Permit, this Local Law,
and other regulations.
6. EXISTING VIOLATIONS. No Special Permit will be granted for a lot where
there exists a violation of this Local Law at the time of application.
7. STORMWATER. No Special Permit shall be issued unless the owner or applicant
shall demonstrated compliance with the Town’s Stormwater Local Law,
including, but not limited to, the submission and approval of any SWPPP, the
issuance of such permits or approvals as required under such Stormwater Local
Law, and the institution of long term maintenance and operation protocols relating
Zoning Law Adopted 1-4-2022
75
to any Stormwater Management Practices, including, but not limited to, the
execution of Maintenance Agreements or the Dedication of facilities, where
appropriate.
Section 901 - GENERAL CONSIDERATIONS REQUIRED FOR ALL SPECIAL
PERMITS AND SITE PLAN REVIEW. No Special Permit will be granted by the
Planning Board unless the site plan meets the requirements for approval of same set forth
above and unless the requested activity or facility meets the following requirements:
1. It will not be detrimental to or endanger the public health, safety, or general
welfare;
2. It will not be injurious to the use and enjoyment of other property in the vicinity
or neighborhood;
3. It will not impede the orderly development of the vicinity or neighborhood;
4. The street system and off-street parking facilities can handle the expected traffic
in a safe and efficient manner;
5. Natural surface water drainageways are not adversely affected, and all Surface
Waters and Wetlands are not adversely affected by Stormwater Runoff,
Sediments, Sedimentation, Erosion, Point Source Pollution, Nonpoint Source
Pollution, Pollutants of Concern, and Stormwater Hotspots, as such terms are
defined and used in the Town’s Stormwater Local Law.
6. Water and sewerage or waste disposal facilities are adequate;
7. The general environmental quality of the proposal, in terms of site planning,
architectural design, and landscaping, is compatible with the character of the
neighborhood;
8. Lot area, access, parking, and loading facilities are sufficient for the proposed
activities;
9. The requested activity or facility conforms in all other respects to the applicable
regulations of the Zone in which it is located;
10. The applicant has shown that steps will be taken where necessary to meet all
applicable general regulations; and
11. The site plan, when required, has been approved in accordance with the
provisions for approval of site plans set forth above.
Zoning Law Adopted 1-4-2022
76
Section 902 - ADDITIONAL SITE PLAN REVIEW CONSIDERATIONS FOR
COTTAGE INDUSTRY. No Site Plan Approval shall be granted by the Planning
Board for a Cottage Industry unless such use meets the following additional
requirements.
1. Performance. It shall produce no offensive noise, vibration, smoke, dust, odor,
heat, glare or electronic disturbance beyond the property it occupies.
2. Storage. It shall not entail the outdoor, unscreened storage of materials,
equipment, or other items related to the industry, except that outdoor display of
products may occur if permitted by the Planning Board in the course of approving
the site plan, if the Planning Board finds that such outdoor display does not
significantly alter the character of the neighborhood. Outdoor storage is
considered screened if it is not visible from adjacent properties or public
roadways.
3. Parking. No more than one commercial vehicle shall be in uncovered parking.
All parking needs shall be met off-street, except that newly designated,
constructed, or established standing or parking spaces within the street or road
right-of-way for occasional standing or parking spaces within the street or road
right-of-way for occasional standing, parking, or for pick-up or delivery of
supplies and products may be permitted, as part of an approved site plan, and
subject to the approval of the highway department or other authority having
jurisdiction.
4. Signs. The provisions for advertising sign boards shall apply except as modified
herein for Cottage Industry. Any signs on the property identifying the occupation
shall not exceed 15 cumulative square feet in signboard area, except that the
signboard area of a two-sided sign shall be based on the area of one side. Any
such signs shall be non-flashing, and, if illuminated, shall have the lights shielded
as much as practicable to direct the lights only at the signs.
Section 903 - PROCEDURE FOR SPECIAL PERMITS.
1. Special Permit applications are taken by the Zoning Enforcement Officer. When
the Zoning Enforcement Officer finds that the application is complete for the
particular type of Special Permit the application and associated documents are
forwarded to Planning Board. The application shall include a site plan in the form
required by this Local Law above, with such variations or modifications from
such requirements as the Planning Board may, in the particular circumstances,
permit by waiver.
2. The Planning Board shall hold a public hearing to consider the Special Permit,
and shall subsequently issue a decision, pursuant to the same procedures (except
as modified by this Local Law) and within the same time limits as are set forth in
the provisions of Section 801, "Site Plans Related to Special Permits", and
Zoning Law Adopted 1-4-2022
77
Section 804, "Public Hearing Notification Procedures for Site Plans" within this
Local Law.
3. In making its decision the Planning Board shall determine whether the proposed
development satisfies the conditions and requirements set forth in this Local Law
and its decision shall be in accordance with the requirements of this Local Law.
4. Upon approval of any Special Permit application, the Zoning Enforcement Officer
shall issue the Special Permit.
Section 904 - FLOOD HAZARD AREAS. No Special Permit shall be granted and no
construction, alteration, or development shall occur in an area denominated as an area of
special flood hazard in the Town of Danby in accordance with the appropriate flood
insurance rate maps prepared by the Federal Emergency Management Agency for the
Town of Danby unless and until such construction is in accordance with any local law of
the Town of Danby whether now in existence or hereafter enacted, relating to flood
damage protection. Without limiting the foregoing, no development, construction, or
alteration requiring a development permit or building permit pursuant to the provisions of
such local law shall commence until the requisite permit is obtained. In any event no use
shall be permitted in an area denominated as a flood hazard area that is otherwise not
permitted in the underlying zoning district for that area.
Section 905- ENVIRONMENTAL REVIEW. No Special Permit shall be granted and
no construction, alteration, or development shall occur if such permit, construction,
alteration or development is subject to SEQR or subject to any local law now or
hereinafter adopted by the Town of Danby, until all procedures required for
environmental review pursuant to such laws are completed.
ARTICLE X: NON-CONFORMING USES.
Section 1000 - NONCONFORMING LOTS OF RECORD. In any Zone in which one
single- or two- unit dwelling is permitted, a one unit dwelling and customary accessory
buildings may be erected on any single lot of record at the effective date of adoption of
this Local Law (or adoption of an amendment to this Local Law changing the lot to a
non-conforming lot), provided such lot was a valid, lawfully existing lot at the time the
Local Law was adopted (or so amended). No minimum yard dimensions on any such
nonconforming lot shall, however, be reduced, and no height restrictions or parking
requirements may be changed without a variance.
Section 1001 - NONCONFORMING USES OF LAND. Where, at the effective date of
adoption or amendment of this Local Law, a lawful use of land exists that is made no
longer permissible under the terms of this Local Law as enacted or amended, such use
may be continued, so long as it remains otherwise lawful, subject to the following
provisions:
Zoning Law Adopted 1-4-2022
78
1. Such nonconforming use must not be enlarged or increased, nor extended to
occupy a greater area of land than was occupied at the effective date of adoption
or amendment of this Local Law;
2. Such nonconforming use must not be moved in whole or in part to any other
portion of the lot or parcel occupied by such use at the effective date of adoption
or amendment of this Local Law; and
3. If any such nonconforming use of land ceases for any reason for a period of more
than one year, any subsequent use of such land must conform to the regulations
specified by this Local Law for the Zone in which such land is located.
Section 1002 - NONCONFORMING STRUCTURES. Where a lawful structure exists
at the effective date of adoption or amendment of this Local Law that could not be built
under the terms of this Local Law by reason of restrictions on area, lot coverage, height,
yards, or other characteristics of the structure or its location on the lot, such structure may
be continued so long as it remains otherwise lawful, subject to the following provisions:
1. No such structure may be enlarged or altered in a way which increases its
nonconformity;
2. Should such structure be destroyed by any means to an extent of more than 75
percent of its replacement cost at time of destruction as estimated by the Zoning
Enforcement Officer, it must not be reconstructed except in conformity with the
provisions of this Local Law; and
3. Should such structure be moved for any reason for any distance whatever, it must
thereafter conform to the regulations for the Zone in which it is located after it is
moved.
Section 1003 - NONCONFORMING USES OF STRUCTURES. If a lawful use of a
structure, or of structure and land in combination, exists at the effective date of adoption
or amendment of this Local Law that would not be allowed in the Zone under the terms
of this Local Law, the lawful use may be continued as long as it remains otherwise
lawful, subject to the following provisions:
1. No existing structure devoted to a use not permitted by this Local Law in the zone
in which it is located may be enlarged, extended, constructed, moved, or
structurally altered except in changing the use of the structure to a use permitted
in the zone in which it is located;
2. Any nonconforming use may be extended throughout any parts of a building
which were manifestly arranged or designed for such use at the time of adoption
or amendment of this Local Law, but such use must not be extended to occupy
any land outside such building;
Zoning Law Adopted 1-4-2022
79
3. Any structure, or structure and land in combination, in or on which a
nonconforming use is superseded by a permitted use must thereafter conform to
the regulations for the zone in which such structure is located, and the
nonconforming use may not thereafter be resumed;
4. When a nonconforming use of a structure, or structure and land in combination,
ceases for twelve consecutive months, the structure or structure and land in
combination must not thereafter be used except in conformance with the
regulations of the zone in which it is located; and
5. Where nonconforming use status applies to a structure and land in combination,
removal or destruction of the structure eliminates the nonconforming status of the
land;
6. Where a non-conforming use exists in an area that has been or now requires site
plan approval for any change of use, the non-conforming use may not be changed
to any other use permitted in the zone until site plan approval has been obtained
pursuant to the terms of this Local Law.
Section 1004 - CONTINUATION OR RESUMPTION OF FARM USES.
Notwithstanding the provisions above, any land and associated structures that have been
used at any time for farming, whether prior to or subsequent to the enactment of this
Local Law, may be returned to a farm use at any time.
Section 1005 - CONTINUATION OF CONSTRUCTION. Nothing in this Local Law
is deemed to require a change in the plans, construction, or designated use of any
building on which actual construction was lawfully begun prior to the effective date of
adoption or amendment of this Local Law and upon which actual building construction
has been diligently prosecuted and completed within two years after the effective date of
the adoption or amendment making the use non-conforming.
Section 1006 - ALTERATIONS IN USE. Except as prohibited above, and subject to
the requirement of obtaining site plan approval if required, a non-conforming use may be
changed to another non-conforming use of the same or more restrictive classification and
when so changed to a more restrictive use, it shall not again be changed to a less
restrictive use. The order of the classification of restrictiveness from the most restrictive
to the least restrictive shall be as follows:
Aquifer High Vulnerability (AHV) Overlay Zone
Stream Setback Overlay Zone
Habitat Corridor Overlay Zone
High Priority Preservation Zone
Rural 1
Rural 2
Low Density Residential Zone
Agricultural Support Commercial Uses Floating Zone
Mobile Home Park Zone
Zoning Law Adopted 1-4-2022
80
Hamlet Neighborhood Zone
Hamlet Center Zone
Commercial A
Commercial B
Commercial C
Planned Development Zone
Section 1007 - RESTORATION. Nothing herein shall prevent the continued use and
substantial restoration and continued use of a non-conforming building damaged less than
seventy-five (75) percent of the replacement cost value of such building immediately
prior to such damage, by fire, flood, earthquake, act of God, or act of the public enemy,
provided that such restoration is completed within two years of the damage and provided
that the use of the building and the manner in which it was used prior to the loss is
recommenced within two years of the damage. This time limit may be extended by the
Board of Appeals in cases of practical difficulty or unnecessary hardship. If there is a
dispute as to the extent of damage, the same shall be determined initially by the Zoning
Enforcement Officer whose decision may be appealed to the Board of Appeals.
Section 1008 - BOARD OF APPEALS DETERMINATION. The Board of Appeals
shall have the jurisdiction to hear and determine any claims as to whether a particular use
is a valid non-conforming use, or whether a non-conforming use has been improperly
extended or enlarged, or any other matter relating to the non-conforming uses. Such
jurisdiction may be exercised by an appeal from a decision of the Zoning or Code
Enforcement Officer as hereinafter provided. Any such application to the Board of
Appeals shall be made on such forms and contain such information as the Board and/or
the Code or Zoning Enforcement Officer may determine and shall be delivered to the
Code or Zoning Enforcement Officer for submission to the Board.
Section 1009 - STORMWATER REQUIREMENTS. The requirements of the Town’s
Stormwater Local Law shall apply to each, any, and all non-conforming uses and the
continuation, reconstruction, replacement, and/or any enlargement of non-conforming
uses of lands to the extent required by the express terms of said Stormwater Local Law.
ARTICLE XI: ADMINISTRATION
Section 1100 – ENFORCEMENT. This Local Law shall be enforced by persons
designated by the Town Board (herein referred to as the Zoning Enforcement Officer and
Code Enforcement Officer) who shall not grant any Building Permit, Certificate of
Occupancy, Temporary Certificate, Certificate of Compliance, or Operating Permit (as
such permits and certificates are defined and provided for in Town of Danby Local Law
No. 1 of 2007, “A Local Law Amending Local Law No. 3 of 1984, Providing for the
Administration and Enforcement of the New York State Uniform Fire Prevention and
Building Code”) which would be in violation of any provision of this Local Law, except
under a written order of the Board of Zoning Appeals.
Zoning Law Adopted 1-4-2022
81
Section 1101 BUILDING PERMIT, CERTIFICATE OF OCCUPANCY,
TEMPORARY CERTIFICATE, CERTIFICATE OF COMPLIANCE,
OPERATING PERMIT.
1. Notwithstanding various additional requirements of this Local Law, (including
but not necessarily limited to Site Plans and Special Permits) the definitions of
Building Permit, Certificate of Occupancy, Temporary Certificate, Certificate of
Compliance, and Operating Permit, and the provisions and requirements for same,
are provided in Town of Danby Local Law No. 1 of 2007, “A Local Law
Amending Local Law No. 3 of 1984, Providing for the Administration and
Enforcement of the New York State Uniform Fire Prevention and Building
Code,” hereafter referred to as the “Town’s Code Enforcement Law.”
2. Each property owner shall, with respect to his or her property, be responsible for
compliance with all terms of this Zoning Local Law, the Town’s Code
Enforcement Law, and the Town’s Stormwater Local Law, each and all as now
exist or as hereafter amended.
Section 1102 - SPECIAL CONDITIONS FOR DOUBLEWIDE MOBILE HOMES.
No Building Permit shall be issued for the erection of a doublewide mobile home unless
the home meets the requirements for approval of same set forth above, and unless the
proposed construction and installation of the home meets the following requirements
along with all other pertinent provisions of this Local Law:
1. The proposed mobile home shall comply with all federal when applicable, and if
not applicable, state and/or local standards, codes and regulations for mobile
homes and will have all required certifications indicating such compliance.
2. The mobile home will be mounted on a permanent perimeter or pier system
foundation consisting of cinder blocks, concrete, or a substantially similar
construction material, with appropriate footings of concrete below the frost line.
Tiedowns or ground anchors shall be installed. All wheels and axles will be
removed.
3. Any non-perimeter foundation system shall be enclosed by skirting securely
fastened and extending from the outside wall of the home to ground level around
the entire home. The skirting shall be constructed of sturdy material. The
material and its installation shall be capable of withstanding extreme weather
conditions. The finished appearance of the skirting shall resemble the appearance
of a perimeter masonry foundation customarily used for homes constructed
entirely on site.
4. The mobile home, when erected, shall be at least 24 feet wide.
Zoning Law Adopted 1-4-2022
82
5. All wheels and axles will be removed.
Section 1103 - BOARD OF APPEALS. There is hereby established a Board of Appeals
which shall function in a manner prescribed by Sections 267, 267-a, 267-b, and 267-c of
Article 16 of the Town Law of the State of New York except as the same are superseded
by the provisions below.
1. BOARD MEMBERS. There shall be five members of the Board of Appeals. The
members of the Board of Appeals shall be residents of the Town of Danby and
shall be appointed by the Town Board to serve for terms as prescribed by law. No
person who is a member of the Town Board shall be eligible for membership on
the Board of Appeals.
2. OFFICERS. The Town Board shall designate the Chairperson of the Board of
Appeals. The Board of Appeals shall choose a Vice Chairperson, who shall
preside in the absence of the Chairperson. In the absence of both the Chairperson
and Vice Chairperson, the Board of Appeals shall choose one of its members as
Acting Chairperson. Such Chairperson, or Acting Chairperson, may administer
oaths and compel the attendance of witnesses. The Board of Appeals shall
appoint a Secretary who shall take minutes of all its meetings and keep its
records. Said Secretary need not be a member of the Board.
3. TRAINING REQUIREMENTS.
a. Each member of the Board of Appeals shall complete, at a minimum, four
hours of training each year designed to enable such members to more
effectively carry out their duties. Training received by a member in excess
of four hours in any one year may be carried over by the member into
succeeding years in order to meet the requirements of this subsection.
Such training shall be approved by the Town Board and may include, but
not be limited to, training provided by a municipality, regional or county
planning office or commission, county planning federation, state agency,
statewide municipal association, college or other similar entity. Training
may be provided in a variety of formats, including but not limited to,
electronic media, video, distance learning and traditional classroom
training.
b. To be eligible for reappointment to the Board of Appeals, such member
shall have completed the training promoted by the Town pursuant to this
subsection.
c. The training required by this subsection may be waived or modified by
resolution of the Town Board when, in the judgment of the Town Board, it
is in the best interest of the Town to do so.
d. No decision of the Board of Appeals shall be voided or declared invalid
Zoning Law Adopted 1-4-2022
83
because of a failure to comply with this subsection.
4. RULES AND REGULATIONS. The Board of Appeals shall recommend from
time to time such rules and regulations as it may deem necessary to carry into
effect the provisions of this law. Such rules require the approval and adoption of
the Town Board (See e.g., Town Law 271(13)) and all Board of Appeals
resolutions and orders shall be in accordance therewith.
5. APPEALS TO THE BOARD. Any person aggrieved by any decision of any
officer of the Town charged with enforcement of this Local Law may take an
appeal to the Board of Appeals. The Board of Appeals shall, in accordance with
the provisions contained in this Local Law, and in accordance with the provisions
of Town Law Sections 267 et. seq. (except as the same are superseded by the
provisions of this Local Law), hear and determine appeals from any refusal of a
building permit or certificate of occupancy by the person designated by the Town
Board, or review any order or decision of said person where such order or
decision is based upon the requirements of this Local Law. Such Board shall also
hear and determine any other matter referred to it by the provisions of this Local
Law or any other law, regulation or resolution.
6. PROCEDURES FOR REVIEWING APPEALS. Before issuing any final
determination or decision on an appeal, the Board of Appeals shall hold a public
hearing as provided in Town Law Sections 267 et. seq. Notice of any such public
hearing shall be mailed to the applicant and shall be posted and published in the
official Town newspaper at least 5 days prior to the date of such hearing, such
notice to include the nature of the appeal and the time and place at which it will
be heard.
7. Notice of hearing as described above and as provided in Town Law are the only
notifications required. However, in order to promote public information, it is a
policy of the Town that a similar notice of any such public hearing be mailed or
delivered by the appellant to all owners of property within 500 feet of the
boundaries of the property under consideration. The Board of Appeals may, in its
discretion, require that property owners within a distance of more than 500 feet of
such boundaries be notified, and/or may direct Town staff to conduct the
notification. Such mailing or delivery shall occur no less than 5 days prior to the
date of the public hearing. The applicant (or the Town staff conducting the
notification) shall file proof of such mailing or delivery with the Board of Appeals
no later than the date of the hearing.
8. Failure to notify property owners near a site for which a public hearing is
scheduled, shall not be a jurisdictional defect and any action taken by any board,
employee, or agent of the Town in connection with such hearing shall not be
nullified or voidable by reason of the failure to provide such notification.
However, the failure to provide such notification may be grounds, should the
Board of Appeals in its discretion so determine, to decline to conduct a scheduled
Zoning Law Adopted 1-4-2022
84
public hearing. The Board of Appeals may, on good cause shown, waive the
above-described policy of property owner notification.
Section 1104 - VARIANCES. The Board of Appeals, on appeal from the decision or
determination of the Code or Zoning Enforcement Officer, shall have the power to grant
use and area variances (as the same are defined in Town Law Section 267 et. seq.), but no
use or area variance may be granted unless compliance with the Town’s Stormwater
Local Law, if applicable, has been duly demonstrated by the applicant/appellant.
Section 1105 – PLANNING BOARD. There is hereby established a Planning Board,
which shall function in the manner prescribed by law (except as the same may be
superseded by the terms of this Local Law as set forth below).
1. Member Requirements and Appointment. There shall be seven (7) members of
the Planning Board. The Planning Board members shall be residents of the Town
of Danby, and all such members shall be appointed by resolution of the Town
Board. Planning Board members shall serve for staggered terms of seven years.
When vacancies occur in said Planning Board by expiration of the term of a
member, the term of the successor member shall be for seven (7) years. When
vacancies occur in said Planning Board for a reason other than expiration of the
term of a member, the successor member shall serve for the unexpired term of the
member who is replaced. No person who is a member of the Town Board shall be
eligible for membership on the Planning Board.
2. Agricultural Member(s). To the extent reasonably possible, and in the sole
discretion of the Town Board, one or more of the members may be an
Agricultural Member as defined in Section 271 of the Town Law, which currently
provides that an Agricultural Member derives ten thousand dollars or more annual
gross income from agricultural pursuits in the Town. For purposes of this
subdivision, the term “agricultural pursuits” means the production of crops,
livestock and livestock products, aquacultural products, and woodland products as
defined in Section 301 of the Agriculture and Markets Law.
3. Alternate Members.
a. The Town Board may additionally appoint two (2) alternate members of
the Planning Board to substitute, on an alternating basis, for a regular
member of the Planning Board, in the event that such regular member is
unable to participate in a particular Planning Board meeting because of a
conflict of interest, illness, extended (longer than one month) absence
from the Town, or is otherwise disqualified
b. Alternate members shall be appointed by resolution of the Town Board for
two (2) year terms. The first regularly appointed alternate members shall
be appointed at the Town Board’s Organizational Meeting in January
2008. Prior to that time, the Town Board shall appoint by resolution
Zoning Law Adopted 1-4-2022
85
interim alternate members to serve from after the effective date of this
local law through December 2007. In appointing both regular and interim
alternate members, the Town Board shall also designate the order in which
said alternate members will serve, and thereafter the alternate members
shall serve on an alternating basis at any such Planning Board meeting
where an alternate member is required in accordance with Part (a) of this
Subsection.
c. The Planning Board Chairperson shall notify the designated alternate
member to substitute for a regular member in the event a regular member
is unable to participate because of any reason enumerated above. When so
designated, the alternate member shall possess all the powers and
responsibilities of a regular member, and such designation shall be entered
into the minutes of the initial Planning Board meeting at which the
substitution is made.
d. All provisions of this Section 1105 relating to regular Planning Board
member training and continuing education, attendance, conflicts of
interest, eligibility, vacancy in office, and removal, shall also apply to
alternate members. However, any such alternate member may not become
a regularly appointed member of the Planning Board unless appointed by
resolution of the Town Board pursuant to the provisions of Section 1105,
Subsection 1.
e. To the extent this Section is inconsistent with Town Law Section 271 (15)
it is intended to supersede such section, in accordance with Municipal
Home Rule Law Section 10 (1) (ii) d (3).
4. Training Requirements.
a. Each member of the Planning Board shall complete a minimum of four
hours of training each year designed to enable such members to more
effectively carry out their duties. Training received by a member in
excess of four hours in any one year may be carried over by the member
into succeeding years in order to meet the requirements of this
subdivision. Such training shall be approved by the Town Board and may
include, but not be limited to, training provided by a municipality, regional
or county planning office or commission, county planning federation, state
agency, statewide municipal association, college or other similar entity.
Training may be provided in a variety of formats, including but not limited
to electronic media, video, distance learning, and traditional classroom
training.
b. To be eligible for reappointment to the Planning Board, such member shall
have completed the training promoted by the Town pursuant to this
subdivision.
Zoning Law Adopted 1-4-2022
86
c. The training required by this subdivision may be waived or modified by
resolution of the Town Board when, in the judgment of the Town Board, it
is in the best interest of the Town to do so.
d. No decision of the Planning Board shall be voided or declared invalid
because of a failure to comply with this Subsection.
5. Chairperson and Secretary. The Town Board shall designate the Chairperson of
the Planning Board. The Planning Board shall choose its own Vice-Chairperson
who shall preside in the absence of the Chairperson. In the absence of both the
Chairperson and Vice-Chairperson, the Planning Board shall choose one of its
number as acting Chairperson. All meetings of the Planning Board shall be held
at the call of the Chairperson and at such other times as the Planning Board may
determine. Such Chairperson, or in his or her absence, Vice-Chairperson or
acting Chairperson, may administer oaths and compel the attendance of witnesses.
The Town Board may appoint a staff secretary to take minutes of Planning Board
meetings, in the event there is not a staff secretary the Planning Board may
appoint a member as secretary who shall take minutes of all its meetings and keep
its records.
6. Removal of Members. The Town Board shall have the power to remove, after
public hearing, any member of the Planning Board for the following reasons:
a. Four (4) or more absences. Each appointed member of the Planning
Board is expected to attend all scheduled Planning Board meetings.
Absence from four (4) or more such meetings shall be grounds for
removal from the Planning Board.
b. Non-compliance with the terms of this Section 1105, including failure to
meet the minimum training requirements set forth in Subsection 4.
7. Rules and regulations. The Planning Board may recommend to the Town Board
regulations relating to any subject matter over which the Planning Board has
jurisdiction under this Section 1105 or any other statute, or under any local law or
ordinance of the Town. Adoption of any such recommendations by the Town
Board shall be by local law or ordinance.
8. The Planning Board shall, in accordance with the provisions of this Local Law
and in accordance with the provisions of Town Law Sections 271 through 279,
hear and determine site plan approval requests, special permit requests,
subdivision applications, and such other matters as may be referred to the
Planning Board under this Local Law or otherwise. In granting site plan
approvals, special permits, subdivision approvals, or in taking any other actions in
response to any application, the Planning Board may impose upon the applicant
such conditions as are directly related to and incidental to the proposed use of the
Zoning Law Adopted 1-4-2022
87
property for the period of time such special permit or other approval shall be in
effect, the specified reasons for which conditions should be articulated on the
record. Such conditions shall be consistent with the spirit of and intent of this
Local Law, and shall be imposed for the purpose of minimizing any adverse
impact such permit or approval may have on the neighborhood or community.
9. The Planning Board, in making any determination shall have the powers granted
to planning boards by, and shall apply the procedures and criteria set forth in, this
Local Law, the laws of the State of New York, and any other law, ordinance, or
resolution duly adopted at any time by the Town
Section 1106 - VIOLATIONS AND PENALTIES. Pursuant to Section 268 of the
Town Law any person, firm, corporation or other entity violating any provision of this
Local Law shall be deemed guilty of an offense, punishable by a fine or imprisonment, or
both, as set forth in Section 268 or any successor or replacement statutes. However, for
the purpose of conferring jurisdiction upon courts and judicial officers generally,
violations of this Local Law shall be deemed misdemeanors and for such purpose only,
all provisions of law relating to misdemeanors shall apply to such violations. Each
week's continued violation shall constitute a separate additional violation. This Section
shall apply to all violations irrespective of any other remedies against the violators
contained in this Local Law as authorized by state law.
ARTICLE XII: AMENDMENTS.
Section 1200 - AUTHORITY TO AMEND. The Town Board may from time to time
on its own motion, or own petition, or on recommendation of the Planning Board, amend,
supplement or repeal the regulations and provisions of this Local Law in accordance with
applicable law. Every such proposed amendment or change whether initiated by the
Town Board or by petition shall be referred to the Planning Board for report thereon
before the public hearing hereinafter provided for. Unless otherwise permitted or required
by law, the Town Board by resolution adopted at a stated meeting shall fix the time and
place of a public hearing on the proposed amendments and cause notice to be given as
follows:
1. By publishing a notice at least ten (10) days in advance of the time and place of
such hearing in a paper of general circulation in the town.
2. A written notice of any proposed change or amendment affecting property within
500 feet of the boundaries of any state park or parkway shall be given to the
regional State Park Commission having jurisdiction over such park or parkway at
least ten (10) days prior to the date of such public hearing.
3. A written notice of any proposed change or amendment affecting property within
Zoning Law Adopted 1-4-2022
88
500 feet of the boundaries of any city, village, or town shall be given to the Clerk
of such municipality at least ten (10) days prior to the date of such hearing.
4. A written notice of any proposed change or amendment affecting property within
500 feet of the boundaries of any County shall be given to the Clerk of the Board
of Supervisors of such County or other person performing like duties at least 10
days prior to the date of such hearing.
5. In case of a protest against such change signed by the owners of twenty (20)
percent or more of the area of land included on such proposed change or of that
immediately adjacent extending 100 feet therefrom or of that directly opposite
thereto, extending 100 feet from the street frontage of such opposite land, such
amendment shall not become effective except by the favorable vote of at least
four members of the Town Board.
ARTICLE XIII: MISCELLANEOUS.
Section 1300 - INTERPRETATION OF LOCAL LAW. In their interpretation and
application, the provisions of this Local Law shall be held to be minimum requirements
necessary to accomplish the purpose of the Local Law. When requirements of this Local
Law conflict with the requirements of other lawfully developed laws, rules, regulations or
ordinances, the most restrictive or that imposing higher standards shall govern.
Section 1301 - VALIDITY. The invalidity of any section or provision of this Local Law
shall not invalidate any other section or provisions thereof.
Section 1302 - EXISTING ZONING ORDINANCE AMENDED, RE-ADOPTED
AND RE-ENACTED. The existing Zoning Ordinance of the Town of Danby, New
York, as amended, is hereby re-enacted, re-adopted and amended as a Local Law. This
re-adoption, re-enactment and amendment shall not affect any pending or prevent any
future prosecution of any action to abate any violation existing at the time this Ordinance
is re-adopted, re-enacted and amended, if the use is in violation of the provisions of this
ordinance as re-adopted, re-enacted and amended. Nothing herein shall be deemed to
change the status of non-conforming uses created by virtue of the Zoning Ordinance
previously in effect if such uses remain non-conforming under the provisions of this
Local Law, as re-adopted, re-enacted and amended.
Section 1303 - EFFECTIVE DATE. This Local Law shall be in force and effect
immediately upon adoption and publication as provided by law.
ARTICLE XIV: RESERVED
ARTICLE XV: CLUSTER SUBDIVISION AND CLUSTER
Zoning Law Adopted 1-4-2022
89
OF DEVELOPMENT RIGHTS
Section 1500 – PURPOSE. This article is intended to clarify the use of the Cluster
Subdivision process as defined in the Town of Danby Subdivision Regulations. The
Town Board has empowered the Planning Board to modify applicable provisions of the
Zoning Local Law in the review and approval of Clustered Subdivision plats, as provided
in Town Law Section 278 and as supplemented by the procedures and standards in the
Subdivision Regulations. Applicants may use the Cluster Subdivision process in order to
cluster development rights within a single parcel or building in addition to the right to use
the Cluster Subdivision process to enable the creation of new parcels. Use of the Cluster
Subdivision process to approve a plat that enables development rights to be concentrated
on a single parcel rather than in multiple parcels will result in the adoption and filing of a
Final Plat for that parcel that must show build and no-build areas and the future provision
of any development rights related to the Parent Parcel as well as any Preservation Credits
from a Transfer of Development Rights that may be applied. Final Plats must be filed
with the County Clerk before building permits will be granted.
APPENDIX I - DEFINITIONS
The following definitions shall be adopted as a part of the Danby Zoning Ordinance.
ADULT ENTERTAINMENT BUSINESS - A business involving one or more of the following:
1.Adult arcades where, for any form of consideration, one or more motion picture projectors,
slide projectors, video cassette players, computers, or similar machines, for viewing by five or
fewer persons each are used to show films, motion pictures, video cassettes, slides, computer
generated images, or other photographic reproductions, which are characterized by emphasis
upon the depiction or description of specified sexual activities or specified anatomical areas.
2.Adult bookstores which have as a substantial (50% or more) portion of its stock in trade and
offers for sale, for any consideration, any one or more of the following:
a.Books, magazines, periodicals, or other printed matter or photographs, films, motion
pictures, video cassettes, slides or other visual representations, which are characterized
by an emphasis upon the depiction or description of specified sexual activities or
specified anatomical areas, or
b.Instruments, devices or paraphernalia which are designed for use in connection with
specified sexual activities.
3.Adult cabarets meaning any nightclub, bar (including establishments which do not serve
alcoholic beverages), restaurant, or similar establishment, which regularly features live
performances characterized by exposure of specified anatomical areas or by specified sexual
activities or films, motion pictures, video cassettes, slides or other photographic reproductions
characterized by an emphasis upon the depiction or description of specified sexual activities or
specified anatomical areas.
4.Adult motion picture theater where, for any form of consideration, films, motion pictures, video
cassettes, slides or other photographic reproductions are regularly shown, and in which a
substantial portion of the total presentation time is devoted to the showing of material
characterized by an emphasis upon the depiction or description of specified sexual activities or
specified anatomical areas.
5.Adult theater meaning a theater, concert hall, auditorium or similar establishment which, for
any form of consideration, regularly features live performances in which a substantial portion of
the total presentation time is devoted to the exposure of specified sexual activities or specified
anatomical areas.
6.Massage parlor where, for any form of consideration, massage, alcohol rub, fomentation,
electric or magnetic treatment or manipulation of the human body is administered, unless by a
medical practitioner, chiropractor, acupuncturist, physical therapist, licensed massage therapist,
or similar professional person licensed by the state. This definition shall not be deemed to
APPENDIX 1 – Definitions
Page A1-1
include an athletic club, health club, school, gymnasium, reducing salon, spa or similar
establishment where massage or similar manipulation of the human body is offered as an
incidental accessory service.
7.Peep show where, for any form of consideration, persons may observe from individual
enclosures shows which regularly feature live performances characterized by exposure of
specified anatomical areas or by specified sexual activities or films, motion pictures, video
cassettes, slides, computer generated images, or other photographic reproductions characterized
by an emphasis upon the depiction or description of specified sexual activities or specified
anatomical areas.
AGRONOMIC RATE - The rate of nitrogen addition designed to provide the amount of nitrogen
needed by the crop or vegetation grown on the land, and to minimize the amount of nitrogen that passes
below the root zone of the crop or vegetation grown on the land to groundwater.
ALTERATIONS - As applied to a building or structure,
1.enlargement by increasing in height or by extending on a side, front, or back;
2.moving from one location or position to another;
3.any change, addition, or removal of the structural parts; or
4.any change, addition, or removal of partitions, or any change in walls, ceiling, windows, or
doors.
ANIMAL FEEDING OPERATION - A lot or facility (other than an aquatic animal production facility)
where animals have been, are, or will be stabled or confined and fed or maintained for a total of 45
days or more in any 12-month period, and the animal confinement areas do not sustain crops,
vegetation, forage growth, or post-harvest residues in the normal growing season.
AQUIFER - A consolidated or unconsolidated geologic formation, group of formations, or part of a
formation capable of yielding usable amounts of groundwater to wells, springs, or infiltration galleries.
AQUIFER High Vulnerability (AHV) OVERLAY ZONE – Areas where the likelihood for introduced
contaminants or high-volume water withdrawals to impact groundwater supply resources is enhanced
due to the proximity of community water system wells and/or the unconfined nature of stratified-drift
aquifers. The AHV Overlay Zone includes areas where: (1) local stratified-drift aquifers are
replenished through infiltration of precipitation and snowmelt or through seepage loses from upland
tributary streams; and (2) introduced contaminants are reasonably likely to move toward and reach the
water well supplying the West Danby Water District and other community water system wells
(wellhead protection areas).
AREA OF INFLUENCE - The geographic area where an aquifer’s potentiometric surface is lowered
due to influence of a groundwater withdrawal.
APPENDIX 1 – Definitions
Page A1-2
BASEMENT - That space of a building that is partly below grade which has more than half of its
height, measured from floor to ceiling, above the average finished grade of the ground adjoining the
building.
BOTTLED WATER - Any product, including natural spring or well water taken from municipal or
private utility systems or other water, distilled water, de-ionized water or any of the foregoing to which
chemicals may be added, which are put into sealed bottles, packages or other containers, to be sold for
domestic consumption or culinary use, involving a likelihood of such water being ingested by human
beings.
BUILDING - A structure having a roof supported by columns or by walls and intended for shelter,
housing, protection or enclosure of persons, animals, or property. (See also "Structure").
BUILDING-INTEGRATED PHOTOVOLTAIC SYSTEM – A combination of photovoltaic building
components integrated into any building envelope system such as vertical facades including glass and
other facade material, semitransparent skylight systems, roofing materials, and shading over windows.
BUILDING-MOUNTED SOLAR ENERGY SYSTEM – A Solar Energy System whose solar energy
collection components are located on the exterior of any legally permitted building or structure or
integrated into a building envelope for the purpose of producing electricity or providing thermal energy.
This system may be mounted to the roof or side of a structure or be a Building-Integrated Photovoltaic
System.
BUILDING, ACCESSORY - Any building subordinate and clearly incidental to the principal building
on the same lot and used for purposes customarily incidental to those of the principal building.
BUILDING AREA - The total areas taken on a horizontal plane at the main grade level of the principal
building and all accessory buildings exclusive of uncovered porches, terraces and steps.
BUILDING CODE - The New York State Uniform Fire Prevention and Building Code (9 NYCRR Part
600 et. seq.) as the same may be amended from time to time, and any successor regulations, laws or
codes.
BUILDING LINE - A line formed by the intersection of a horizontal plane at finished grade level and a
vertical plane that coincides with the exterior surface of the building on any side.
BUILDING, PRINCIPAL - A building within which is conducted the primary use of the lot on which
the building is located.
BULK WATER - Water intended for drinking water that is transported by tank trucks or water not
intended for drinking or agriculture that is transported by tank trucks, tank trailers, railroad tank cars, or
off-site pipelines.
CELLAR - A story partly or entirely below grade level and having more than one-half of its height,
measured from floor to ceiling, below the average finished grade of the ground adjoining the building.
A cellar shall not be considered in determining the permissible number of stories.
APPENDIX 1 – Definitions
Page A1-3
CEMETERY – Land, place, structure, facility or building for the disposal or burial of deceased human
beings, by cremation or in a grave, mausoleum, vault, columbarium, or other receptacle.
CLINIC - A building or any part of a building which is used for the group practice of medicine by
several physicians in which certain facilities other than reception are shared by the occupants and in
which patients are diagnosed or treated by physicians specializing in various ailments and practicing as
a group. A clinic does not include a building for which overnight accommodations are provided on a
regular basis for patients.
COMMUNITY WATER SYSTEM - Any entity that exists on or after the effective date of Local Law 2
of 2016 that provides water to the public for human consumption through pipes or other constructed
conveyances and serves the same people year-round.
CONCENTRATED ANIMAL FEEDING OPERATION (CAFO) - An animal feeding operation that
would be required to obtain a State Pollution Discharge Elimination System (SPDES) General Permit
based upon the numbers and types of animals or would be required to obtain an individual SPDES
permit based upon its discharge of wastes to surface water or due to other factors determined by the
New York State Department of Environmental Conservation.
CONFINED AQUIFER - An aquifer saturated with water and bounded above and below by material
having a distinctly lower permeability than the aquifer itself.
CONSERVATION - Any use that will maintain the land in essentially its natural state.
COTTAGE INDUSTRY - A property or buildings where the primary use is art-or craft-oriented design,
production or assembly, such as leather working wood working, metal working, ceramics production,
tailoring, and similar activities, employing not more than 5 persons, and where the total building floor
area of all buildings dedicated to the cottage industry is not larger than 3,000 square feet. Specifically
excluded from the definition of Cottage Industry is the repair or assembly of vehicles or equipment
with internal combustion engines, such as automobiles, motorcycles, snowmobiles, marine engines,
lawn mowers, chain saws, and other small engines.
CREMATORY - A facility or portion of a building in which the remains of deceased animals, including
human beings are processed by cremation.
DAY CARE HOME - A facility, home or other establishment, other than a school, at which day care is
provided for hire for up to three children under the age of sixteen years.
DAY CARE FACILITY, GROUP - A facility, home or other establishment licensed by the New York
State Department of Social Services or certified by the Tompkins County Department of Social
Services, other than a school, at which day care is provided for hire for more than three, but no more
than eight, children under the age of sixteen years.
DAY CARE HOME, GROUP FAMILY - A group family day care home shall be as defined in Section
390 of the Social Services Law of the State of New York, Subdivision 13(a) and shall be licensed by
APPENDIX 1 – Definitions
Page A1-4
the New York State Department of Social Services, or certified by the Tompkins County Department of
Social Services.
DAY CARE CENTER - A facility, home or other establishment licensed by the New York State
Department of Social Services or certified by the Tompkins County Department of Social Services, at
which day care is provided for hire, and which is not a school, day care home, group day care facility,
or group family day care home.
DEICING COMPOUNDS - Any bulk quantities of chloride compounds and/or other deicing
compounds (e.g., urea or calcium magnesium acetate) intended for application to exterior surfaces,
including mixtures of sand and chloride compounds in any proportion where the chloride compounds
constitute over eight percent of the mixture. Bulk quantity of deicing compounds means any quantity,
but does not include any chloride compounds in a solid form which are packaged in waterproof bags or
containers which do not exceed one hundred pounds each.
DISPOSAL - Discarding by abandonment, discharge, deposit, injection, dumping, spilling, leaking, or
placing by any other means of any solid waste, petroleum, radioactive material, hazardous substance,
hazardous waste, or wastewater into or onto land or a surface water body.
DISTRICT- A physical area of land with boundaries established for zoning purposes, also referred to as
a "ZONE".
DWELLING - A building used or occupied as living quarters for one or more families.
DWELLING UNIT - A dwelling, or portion of a dwelling, providing complete living facilities for one
family.
DWELLING, ONE FAMILY - A detached building containing a single dwelling unit.
DWELLING, TWO-FAMILY - A detached building containing two dwelling units.
DWELLING, MULTIPLE-FAMILY - A detached building containing three or more dwelling units.
EASEMENT - A grant by the property owner to the public, a corporation, or a certain person or
persons of the use of a designated part or attribute of his property for a specific purpose.
EXCAVATION - An excavation is a hollow or cavity formed by removing 20 cubic yards or more of
soil or fill which has a slope grade greater than l foot over 3 as that term is commonly understood in the
field of engineering.
FAMILY –
1.A housekeeping unit consisting of
a.An individual, or
APPENDIX 1 – Definitions
Page A1-5
b.Two or more persons occupying a single dwelling unit, related by blood, marriage, or
legal adoption, living and cooking together as a single housekeeping unit, or
c.Not more than three unrelated persons, occupying a single dwelling unit, living and
cooking together as a single housekeeping unit.
2.Notwithstanding the provisions of paragraph (1)(c) of this definition, a group of unrelated
persons numbering more than three (3) shall be considered a family upon a determination by the Board
of Appeals that the group is a functional equivalent of a family pursuant to the standards enumerated in
paragraph (4) herein.
3.Before making a determination whether a group of more than three unrelated persons
constitutes a family for the purpose of occupying a dwelling unit, as provided for in paragraph (2) of
this definition, the Board of Appeals shall hold a public hearing, after public notice, as is normally
required for the obtaining of a variance. The fee for such an application shall be the same as is required
for an application for a variance. Said application shall be on a form provided by the Board of Appeals
or Code Enforcement Officer.
4.In making a determination under paragraph (2) the Board of Appeals shall find all of the
following:
a.The group is one which in theory, size, appearance and structure resembles a traditional
family unit;
b.The group is one which will live and cook together as a single housekeeping unit; and
c.The group is of a permanent nature and is neither merely a framework for transient or
seasonal (including as "seasonal" a period of an academic year or less) living, nor
merely an association or relationship which is transient or seasonal in nature. In making
this finding, the Board of Appeals may consider, among other factors, the following:
i)Whether expenses for preparing of food, rent or ownership costs, utilities, and
other household expenses are shared and whether the preparation, storage and
consumption of food is shared.
ii)Whether or not different members of the household have the same address for
the purposes of
(a)Voter registration.
(b)Drivers license.
(c)Motor vehicle registration.
(d)Summer or other residences.
APPENDIX 1 – Definitions
Page A1-6
(e)Filing of taxes.
iii)Whether or not furniture and appliance are commonly owned by all members of
the household.
iv)Whether or not any children are enrolled in local schools.
v)Whether or not householders are employed in the local area.
vi)Whether or not the group has been living together as a unit for an extended
period of time, whether in the current dwelling unit or other dwelling units.
vii)Any other factor reasonably related to whether or not the group of persons is the
functional equivalent of a traditional family.
viii)In making determinations under this section, the Board of Appeals shall not be
required to consider the matters otherwise normally required in making
determinations (e.g., practical difficulties or unnecessary hardship).
5.Notwithstanding the provisions elsewhere provided herein, if the following limitations result in
a lesser permitted number of occupants than would be permitted under the definition of family
set forth above and the regulations of each zone set forth later in this Ordinance, the number of
occupants, related or otherwise, shall not exceed the maximum numbers determined on the
basis of habitable space of each dwelling unit as follows:
a.A minimum of 150 square feet of habitable space for the first occupant; and
b.80 square feet of habitable space for each additional person in each dwelling unit.
In no case shall the enclosed floor area be less than required by other provisions of this
Ordinance or by the New York State Fire Prevention and Building Code.
FERTILIZERS - Any mixture generally containing phosphorus, nitrogen, and potassium which is
applied to the ground to increase nutrients to plants.
FRONTAGE - The greater of:
1.The distance between side lot lines measured along a public street right of way lines; or
2.A line parallel to a public street right of way line at the maximum distance specified for front
yard depth.
GARAGE - An enclosed space for the storage of one or more motor vehicles whose use is accessory to
other permitted uses of principal buildings, and not used for business, occupation or services conducted
for profit.
APPENDIX 1 – Definitions
Page A1-7
GARAGE, SERVICE AND REPAIR - Any garage other than a private garage, available to the public,
operated for gain, and which is used for storage, repair, rental, greasing, washing, servicing, adjusting
or equipping of automobiles or other motor vehicles.
GASOLINE SERVICE STATION - Any establishment whose principal use is the servicing of motor
vehicles with fuel, supplies and accessories. It may also include the operation of a service and repair
garage.
GRADE, AVERAGE FINISHED - The average level of the natural surface of the ground or surface of
the ground after completion of any change in contour abutting any building or structure on a lot. To the
extent the grade slopes down to or away from the building or structure on the premises, average
finished grade shall be measured at a point three feet from the building line.
GROUND-MOUNTED SOLAR ENERGY SYSTEM – A Solar Energy System for the primary
purpose of producing electricity for on-site consumption. The solar energy collection components of a
ground-mounted solar energy system are attached to a pole or other mounting system anchored to the
ground and detached from any other structure.
GROUNDWATER - Water below the land surface in a saturated zone of soil or rock. This includes
perched water separated from the main body of groundwater by an unsaturated zone.
HAZARDOUS SUBSTANCE - Any substance listed as a hazardous substance in 6 NYCRR Part 597,
Hazardous Substance List, or a mixture thereof. In general, a hazardous substance means any
substance which: (1) because of its quantity, concentration, or physical, chemical, or infectious
characteristics poses a significant hazard to human health or safety if improperly treated, stored,
transported, disposed of, or otherwise managed; (2) poses a present or potential hazard to the
environment when improperly treated, stored, transported, disposed of, or otherwise managed; (3)
because of its toxicity or concentration within biological chains, presents a demonstrated threat to
biological life cycles when released into the environment.
HAZARDOUS WASTE – Any solid waste, defined or listed as a hazardous waste in 6 NYCRR Part
371.
HEIGHT - As it relates to a structure other than a building means the distance measured from the
lowest level or portion of the structure (slab or base) in contact with the ground surface at the average
finished grade to the highest point at the top of the structure.
HEIGHT FROM LOWEST INTERIOR GRADE - As it relates to a building is the vertical distance
measured from the lowest level (floor of a crawl space, basement floor, slab, or other floor, even if
below exterior grade level) in contact with the ground surface to the highest point of the roof, excluding
chimneys, antennae, and other similar protuberances. When the measurement of height from the lowest
interior grade is made from the floor of a cellar the maximum permissible height from lowest interior
grade shall be increased by four feet. This permitted increase shall not apply when the measurement is
from any other floor, including a basement floor or slab.
APPENDIX 1 – Definitions
Page A1-8
HEIGHT FROM LOWEST EXTERIOR GRADE - As it relates to a building is the vertical distance
from the lowest point of the exterior finished grade adjacent to the wall of the building to the highest
point of the roof, excluding chimneys, antennae and other similar protuberances.
HERBICIDE - Any substance or mixture of substances intended for preventing, destroying, repelling,
or mitigating any plant, being those substances defined as herbicides pursuant to New York State’s
Environmental Conservation Law (hereafter, “ECL”) Section 33-0101.
HOME OCCUPATION - An accessory use which is located on a lot whose primary use is residential.
In particular, a home occupation shall be limited to dressmaking, hairdressing, teaching, laundering,
carpentry, electrical and plumbing work, and similar types of activity, and professional offices, such as
architects, lawyers, realtors, doctors, dentists, engineers and insurance brokers, operated by the person
living on the property and employing not more than two additional people who are non-residents. A
home occupation shall produce no offensive noise, vibration, smoke, dust, odor, heat, glare or
electronic disturbance beyond the property it occupies. The home occupation may not entail the
outdoor storage of materials, equipment, or other items of commerce; nor the uncovered parking of
more than one commercial vehicle. The home occupation shall not generate traffic in any greater
volume than would normally be expected in a residential neighborhood, and any need for parking
generated by the occupation shall be met off the street and in accordance with any other regulation of
this ordinance.
HOSPITAL - An establishment for occupation by the sick or injured for the purposes of medical
treatment. The term "hospital" shall include a sanitarium, clinic, rest home, convalescent home, nursing
home, and any other place for the diagnosis, treatment or other care of human ailments providing beds
for overnight occupation for hire. Hospitals do not, however, include group homes, or other similar
establishments where the principal purpose is overnight accommodations in a home for persons
working generally elsewhere and not in need of daily medical and/or nursing care.
HOTEL, MOTEL, BOARDING HOME - A building or buildings in which overnight accommodations
are provided for transient guests for compensation including bed and breakfasts where the bed and
breakfast is the principal use of the premises.
IMPERVIOUS SURFACE - Any man-made material, such as pavement used in parking lots or
driveways or any building or other structure on a lot, that does not allow surface water to penetrate into
the soil.
INDUSTRIAL ESTABLISHMENT—[3-11] shall mean any property or buildings used for Light
Industrial uses or operations, and shall be interpreted and construed to exclude any “heavy industry” or
high impact industrial uses or operations, including, but not limited to, and for the purpose of providing
examples only, smelting and ore refining processes, Natural Gas and/or Petroleum Extraction, Natural
Gas and/or Petroleum Exploration, large-scale meat or poultry processing plants, coal or mineral
processing or gasification operations, large-scale chemical and pharmaceutical processing plants, large-
scale plastics or rubber manufacturing or extrusion processes, and similar operations and businesses [3-
11]
APPENDIX 1 – Definitions
Page A1-9
IMPROVEMENTS - Man-made alterations which cause a physical change to be made to real property.
Such improvements may include, but are not limited to, buildings, structures, public utilities, roads,
sidewalks,, landscaping and buffering, lighting, parkland and recreation equipment, and monuments.
JUNK YARD - A "junk yard" is
1.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 or used parts
therefrom, for the purpose of reclaiming for use some or all of the material therein, whether
metal, glass, fabric, or otherwise, for the purpose of disposing of the same or for any other
purpose; such terms shall include any place or storage or deposit for any such purposes of used
parts of 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 non-ferrous scrap and whose
principal produce is scrap iron, steel or non-ferrous scrap for sale for remelting purposes only.
2. Any lot, land or structure or part thereof, used primarily for the collecting, storage, or sale of
waste paper, rags, scrap metal (other than excluded above) or other scrap or discarded material
or for the collection, dismantling, or storage of machinery for the resale of same or the sale of
parts thereof.
LARGE-SCALE SOLAR ENERGY SYSTEM – A Solar Energy System for the primary purpose of
producing electricity for on-site consumption whose components cover a land area between 5,001 and
10,000 square feet. Large-scale solar energy systems may generate energy in excess of the energy
requirements of a property if it is to be sold back to a public utility in accordance with the law.
LIGHT INDUSTRIAL and LIGHT INDUSTRY [3-11] (and phrases that use such terms, including, but
not limited to, references to light industrial uses or impacts)—Allowed low-impact industrial uses,
which may include, subject to the requirements set forth below, light assembly and fabrication
businesses, warehousing and wholesale businesses, light manufacturing or finishing businesses,
research and testing facilities and operations, and similar uses, each and all of which shall only be
deemed and classified as “low impact” or “Light Industrial” only when: (i) the cumulative
environmental and social impacts from such uses or impacts shall not significantly and adversely affect
the environment, including, but not limited to, air quality, floodplains, steep slopes, riparian and littoral
areas and corridors, wetlands, aquifers and aquifer recharge areas and other fresh water sources; and (ii)
such uses or operations shall not materially and adversely affect neighboring land uses or any
residential areas of the Town; (iii) the effects or impacts attendant to such uses or operations relating to
parking, driveways, roads, traffic, landscaping and screening, noise and vibration emissions, lighting
and light emissions, odors and smells, and waste disposal or emissions, are not individually or in the
aggregate deemed significantly adverse; and (iv) the overall size of any structures or improvements, in
terms of size, height, or the percentage of land coverage of all improvements and parking and road
areas, do not, in any such dimension or percentage, exceed the lesser of 2 acres or 50% of the overall
lot area; and (v) where required, all variances, site plan approvals (with or without conditions), and
special permit approvals (with or without conditions) have been duly applied for, granted, and timely
APPENDIX 1 – Definitions
Page A1-10
utilized pursuant to the terms and requirements of the Town of Danby Zoning Ordinance (and any other
applicable law, ordinance, rule, or requirement of the Town of Danby).[3-11]
LOT - An area of land in single ownership of record. The term "lot" is synonymous with the term
"parcel".
LOT AREA - An area of land the size of which is determined by the limits of the lot lines bounding
said area and as usually expressed in terms of square feet or acres. For all calculation purposes of lot
area acreage within a highway right of way for streets or roads is excluded.
LOT, CORNER - A parcel of land at the junction of, and fronting on, two or more intersecting streets or
highways.
LOT COVERAGE - That percentage of lot area covered by a structure or structures.
LOT, INTERIOR - Any lot in any zone having access to a public highway by a driveway or lane only
and having no additional frontage on said highway or other public highways.
LOT LINES - The property boundary of a lot.
LOT DEPTH - The distance between a point on the street line and the rear of the lot measured
perpendicularly from the street line. A lot need meet the minimum depth requirements set forth in this
ordinance at only one point and not uniformly throughout the lot's entire width.
LOT WIDTH - (See frontage)
MANUFACTURED HOME - A dwelling which incorporates structures or components which are
wholly or in substantial part manufactured in a manufacturing facility, for installation on a building
site. "Manufactured Home" includes "Mobile Home" and "Modular House".
MANURE - Shall mean animal feces and urine.
MEDICAL WASTE - A solid waste generated in the diagnosis, treatment (e.g., provision of medical
services), or immunization of human beings or animals, in research pertaining thereto, or in the
production or testing of biological products.
MEMBERSHIP CLUB OR LODGE - A structure or premises used exclusively by members of an
organization and their guests which premises or structures are devoted to recreational or athletic
purposes, not primarily conducted for gain. Such term excludes commercial and merchandising
activities for other than its own membership except for an occasional, intermittent fund raising event
such as a chicken barbecue or the like.
MINERAL - Any naturally formed, usually inorganic, solid material located on or below the surface of
the earth including but not limited to architectural stone, gem stones, limestone, granite, ore, bluestone,
gravel and sand. Peat and topsoil are also considered to be minerals.
APPENDIX 1 – Definitions
Page A1-11
MOBILE HOME - A transportable dwelling unit suitable for year-round occupancy which is designed
and built to be towed on its own chassis, comprised of frame and wheels, and which is designed to be
used as a dwelling unit with or without a permanent foundation when connected to required utilities.
The unit may contain parts which may be folded, collapsed, or telescoped when being towed and
expanded later to provide additional cubic capacity. A mobile home may also be designed as two or
more separately towable components designed to be joined into one integral unit capable of again being
separated into the components for repeated towing. This definition excludes travel or camping trailers
towed by an automobile and neither wider than 8 feet nor longer than 32 feet. Self-propelled motor
homes and Modular Houses are also excluded from this definition. A mobile home shall be considered
a one-family dwelling for purposes of determining permitted occupancy. A mobile home shall be
constructed in accordance with all applicable federal and state codes and requirements, including the
requirements of the Federal Manufactured Housing Construction and Safety Standards Act of 1974 as
amended, any similar successor statute, and all regulations issued under any of such laws.
MOBILE HOME LOT - A parcel of land used for the placement of a single mobile home and the
exclusive use of its occupants. Except where double-wide mobile homes may be permitted by Special
Permit, a mobile home lot may be located only in a mobile home park as defined by this ordinance.
MOBILE HOME PARK - A parcel of land owned by an individual, partnership, or corporation which
has been planned and improved for the placement of mobile homes.
MODULAR HOUSE - A dwelling unit or units constructed off-site consisting of more than one
segment and designed to be permanently installed on, and anchored to, a foundation to become a fixed
part of the real estate. A modular house is manufactured and certified according to the building code.
MOBILE HOME STAND - That part of an individual mobile home lot which has been reserved and
improved for the placement of the mobile home, appurtenant structures and additions.
NAMEPLATE CAPACITY – The maximum rated output of the electric power production of the
photovoltaic system in Direct Current (DC).
NATURAL GAS—[3-11] methane and any gaseous substance, either combustible or non-combustible,
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 for 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.
APPENDIX 1 – Definitions
Page A1-12
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, including without limitation, any and all forms of shale fracturing.
NATURAL GAS EXPLORATION AND/OR PETROLEUM PRODUCTION WASTES—Any garbage,
refuse, cuttings, sludge, flow-back fluids, brine, 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 and any related hydrocarbons,
and any natural or non-natural radioactive, carcinogenic, or toxic chemicals or compounds (herein,
“Deleterious Substances”) used in or for, occurring or arising from, relating to, or produced by any
process or operation relating to the exploration for or the extraction or production of, or the processing,
treatment, or transportation of, Natural Gas, petroleum, or any related hydrocarbons, regardless of
whether such Deleterious Substances have been excepted or exempted from the coverage of any federal
or state environmental protection laws, or have been excepted from statutory or regulatory definitions
of “industrial waste,” “hazardous,” or “toxic,” and regardless of whether considered or classified as
“waste” or of a below-regulatory concern level. This definition specifically intends to includes some
wastes that may otherwise be classified as “solid wastes which are not hazardous wastes” under 40
C.F.R. § 261.4(b). “Deleterious Substances” shall also include, but not be limited to, crude oil and
Natural Gas drilling fluids and their exploration, drilling, production, and processing wastes, such as,
but not limited to, fracturing fluids, brine, produced water, flowback water, waste oils, waste emulsified
oils, mud and drilling or lubricating mud, contaminated soils, drill cuttings, fracture fluid holding pit or
tank contents, sediments or residues, or any of the foregoing whenever transformed into any other
liquid, solid or gaseous state by any process.
NATURAL GAS AND/OR PETROLEUM SUPPORT ACTIVITIES—The construction, use, or
maintenance of a storage or staging yard, a water or fluid injection station, a water or fluid gathering
station, a Natural Gas or petroleum storage facility, a brine or fracturing/flowback water pit or other
enclosed or semi-enclosed container or construct, or a Natural Gas or petroleum gathering line, venting
station, compressor, dehydrator, or other appurtenance associated with the exploration or extraction of
Natural Gas, petroleum, or any related hydrocarbons.[3-11]
NONTRANSIENT NONCOMMUNITY WATER SYSTEM - A public water system that is not a
community water system but one that regularly serves at least 25 of the same people, four hours or
more per day, for four or more days per week, for 26 or more weeks per year.
NURSERY, HORTICULTURAL - A place where trees or other plants are raised for transplanting or
sale.
ON-SITE PETROLEUM CONSUMPTION - The use of petroleum to heat or cool a residential or non-
residential structure or to operate machinery necessary for agricultural uses and activities or the safe
provision of drinking water for public water systems. On-site consumption does not include the on-site
use of petroleum for processing or manufacturing activities or the sale or distribution of petroleum for
or into vehicles, except vehicles used for agricultural uses and operations on that site.
OPEN-LOOP SYSTEM - A geothermal heating and cooling system that withdraws water from an
extraction well or body of water, passes the water through a heat exchange system, and discharges the
APPENDIX 1 – Definitions
Page A1-13
temperature-altered water either into the ground in a discharge or return well or to the ground surface or
into surface water.
OVERBURDEN - All of the earth, vegetation and other materials which lie above or alongside a
mineral deposit
PARKING SPACE - The area required for parking one automobile, which in this ordinance is held to
be an area of nine feet wide and twenty feet long, not including passageways, maneuvering area and
access drives.
PERSONAL SERVICE SHOP - A shop catering to personal needs such as barber shop, beauty parlor,
or hairdresser.
PESTICIDE - Any substance or mixture of substances intended for preventing, destroying, repelling, or
mitigating any pest, and any substance or mixture of substances intended for use as a plant regulator,
defoliant or desiccant, being those substances refined as pesticides pursuant to ECL Section 33-0101 et
seq.
PET CEMETERY - Land, place, structure, facility or building provided by any person for a fee,
whether or not for profit, to veterinarians or members of the general public for use, or reservation for
use, for the permanent interment or inurnment above or below ground of pet remains.
PETROLEUM - Any petroleum-based oil of any kind which is liquid at 20 degrees Celsius under
atmospheric pressure and has been refined, re-refined, or otherwise processed for the purpose of: 1)
being burned to produce heat or energy; 2) as a motor fuel or lubricant; or 3) in the operation of
hydraulic equipment.
PLOT PLAN - A plan of an area of ground and improvements proposed thereon delineated in the form
of a diagram, or map.
POTENTIOMETRIC SURFACE - A surface representing the hydraulic head of ground water in a
particular aquifer. For an unconfined aquifer, it is represented by the water-table. For a confined or
bedrock aquifer, it is the altitude to which water will rise in a properly constructed well.
PRACTICABLE – Capable of satisfying the overall project purposes, after taking into consideration
cost, time, technology, and logistics.
PRIMARY TREATMENT - Consists primarily of physical processes (settling or skimming) that
remove a significant percentage of the organic and inorganic solids from wastewater.
PROCESS WASTE - Any waste generated by industrial, commercial, or mining operations that by
virtue of some use, process, or procedure no longer meets the manufacturer’s original product
specifications.
RADIOACTIVE MATERIAL - Any material in any form that emits radiation spontaneously.
APPENDIX 1 – Definitions
Page A1-14
RIGHT-OF-WAY – The total width of any land reserved or dedicated as a thoroughfare, alley,
pedestrian or bicycle way, railway, waterway, or utility line.
ROADSIDE STAND - A small structure, booth, or stall adjacent to a highway principally for the retail
sale of vegetables, fruit, or dairy products to passersby.
SECONDARY TREATMENT - Depends on biological action to remove fine suspended solids,
dispersed solids, and dissolved organics from wastewater by volatilization, biodegradation, and
incorporation into sludge.
SEPTAGE - The contents of a septic tank, cesspool, or other individual wastewater treatment work
which receives domestic sewage wastes.
SEQR - New York state legislation known generally as the New York State Environmental Quality
Review Act, any successor legislation, and any regulations promulgated thereunder.
SEWAGE - The combination of human and household waste with water which is discharged to the
home plumbing system.
SIGN - Any device for visual communication that is used for the purpose of bringing the subject
thereof to the attention of the public, but not including any flag, badge or insignia of any government or
government agency.
SIGN, OFF-PREMISES - Any sign unrelated to a business or profession conducted, or to a commodity
or service sold or offered upon the premises where such is located.
SIGN, ON-PREMISES - Any sign related to a business or profession conducted, or to a commodity or
service sold or offered upon the premises where said sign is located.
SLUDGE - The solid, semi-solid, or liquid waste generated from a waste processing facility, but does
not include the liquid stream of effluent.
SMALL-SCALE SOLAR ENERGY SYSTEM – A Building-Mounted Solar Energy System whose
photovoltaic components occupy an area greater than 150 square feet on any code-compliant structure,
or a Ground-Mounted Solar Energy System whose components cover a land area less than 5,000 square
feet and whose energy output is primarily for on-site consumption. Small-scale solar energy systems
may generate energy in excess of the energy requirements of a property if it is to be sold back to a
public utility in accordance with the law.
SOLAR ENERGY EQUIPMENT – Electrical energy storage devices, material, hardware, inverters, or
other electrical equipment and conduits associated with the production of electrical energy by
photovoltaic devices.
SOLAR ENERGY FACILITY – Ground-mounted, free-standing solar collection devices, solar energy
related equipment, and other associated infrastructure whose components cover a land area greater than
10,000 square feet, or have a nameplate capacity of 25kW DC or greater. The primary intention of a
APPENDIX 1 – Definitions
Page A1-15
Solar Energy Facility is the generation of electricity or other conversion of solar energy to a different
form of energy for commercial or off-site sale to a public utility in accordance with the law.
SOLAR ENERGY SYSTEM - An energy system that consists of one or more solar energy collection
devices, solar energy related balance of system equipment, and other associated infrastructure with the
primary intention of generating electricity, storing electricity, or otherwise converting solar energy to a
different form of energy.
SOLAR PANEL - A photovoltaic device capable of collecting and converting solar energy into
electrical energy.
SPECIAL USE PERMIT or SPECIAL PERMIT - A permit that allows those uses of land or buildings
specifically listed in this Ordinance as being permitted only by special permit, and with the conditions
set out in the granting of such permit.
SOLID WASTE - All putrescible and non-putrescible materials or substances that are discarded,
abandoned, or rejected as being spent, useless, worthless or in excess to the owners at the time of such
discard or rejection, including but not limited to garbage, refuse, industrial and commercial waste,
sludges from air or water treatment facilities, rubbish, tires, ashes, contained gaseous material,
incinerator residue, construction and demolition debris, discarded automobiles and offal, except where
exempt from compliance with 6 NYCRR Part 360 as described in 6 NYCRR §360-1.2(a)(4).
SPECIFIED ANATOMICAL AREAS -
1.Less than completely and opaquely covered human genitals, pubic region, buttock, and female
breast below a point immediately above the top of the areola; and
2.Human male genitals in a discernible turgid state even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES -
1.Human genitals in a state of sexual stimulation or arousal; or
2.Acts of human masturbation, sexual intercourse or sodomy; or
3.Fondling or other erotic touching of human genitals, pubic region, buttocks or female breast.
STORMWATER - Rainwater, surface runoff, snowmelt, ice-melt, drainage, and related naturally
occurring surface water and accumulation(s).
STORMWATER LOCAL LAW – means the Town of Danby Local Law Number 1 of 2010, entitled
“Town of Danby Stormwater Management, Erosion and Sediment Control Law.” All capitalized terms
used in relation to the term “Stormwater Local Law”, such as, but not limited to, SWPPP, SWPPPS,
Stormwater Permits, Stormwater Management Practices, Maintenance Agreement(s), Dedication(s),
SPDES Permit(s), Stabilization, Stormwater Runoff, Sediment(s), Sedimentation, Erosion, Point
Source Pollution, Nonpoint Source Pollution, Pollutants of Concern, and Stormwater Hotspots, shall
APPENDIX 1 – Definitions
Page A1-16
have the meaning and definitions applied as set forth in and by the said Stormwater Local Law, each
and all of which definitions are expressly incorporated into this Zoning Ordinance.
[2-10] STORMWATER MANAGEMENT PRACTICES - any Erosion Control Facility, Stormwater
Control Facility, Stormwater Control, Sedimentation Containment Facility, Watercourses, Waterways,
Surface Waters, Channels, ditches, drains, culverts, ponds, retaining facilities, plantings, berms, swales,
pipes, and other structures and appurtenances built, used, or intended to be utilized to protect and/or
control Stormwater, Stormwater Hotspots, Sediments, Sedimentation, Erosion, Stormwater Runoff,
Infiltration, Recharges, Sensitive Areas, Point Source Pollution, Nonpoint Source Pollution, Pollutants
of Concern, Impaired Waters, Stabilization, Surface Waters, Channels, Waterways, and Watercourses,
including, but not limited to, buildings, facilities, plantings, controls, protocols, designs, practices,
methodologies, measures, acts, and devices, whether structural or nonstructural, or any combination
thereof. The definitions of each capitalized term as used in this definition is as set forth in Town of
Danby Local Law Number 1 of 2010, entitled “Town of Danby Stormwater Management, Erosion and
Sediment Control Law,” and each such definition is expressly incorporated into this definition and this
Zoning Ordinance.[2-10]
STRATIFIED-DRIFT AQUIFER – Bodies of sorted and layered unconsolidated material largely
deposited by or in glacial meltwater.
STREET - A right-of-way or strip of land at least 49 feet wide, dedicated to public use and owned by a
public entity for a primary access to adjacent lands, and whether designated as a highway, thruway,
road, avenue, boulevard, lane, drive, place, circle or otherwise. Where the word "street" appears, it also
means highway or road.
STREET LINE - That line that determines the limit of the right of way of a street, road, or highway.
STRUCTURE - Anything that is constructed or erected on the ground or upon another structure or
building. "Structure" also includes anything that is constructed or erected underground and projects up
to the ground surface or above, or anything that is constructed or erected wholly underground other
than utility lines, septic and water systems, or other similar types of underground construction wholly
ancillary to a principal building or structure on the premises. "Structure" also includes constructed
parking spaces. The term "structure" includes a building.
TAVERN - An establishment devoted to the primary use of selling alcoholic beverages for consumption
on the premises. Food may be served as an incidental use. A bar, grill, saloon, pub, dance hall or
similar establishment shall be considered a tavern.
TOURIST HOME - A dwelling in which overnight accommodations are provided or offered for
transient guests for compensation provided that such use is secondary to the occupancy of the dwelling
by a family. Tourist homes include bed and breakfasts providing that the use is secondary to the
occupancy of the dwelling by a family.
TOWN - The Town of Danby.
APPENDIX 1 – Definitions
Page A1-17
TOXIC SUBSTANCE - Any chemical or mixture that may be harmful to the environment and to
human health if inhaled, swallowed, or absorbed through the skin. Toxic substances are listed in the
National Institute for Occupational Safety and Health Registry of Toxic Effects of Chemical
Substances. This registry can be found online at: http://www.cdc.gov/niosh/docs/97-119/pdfs/97-
119.pdf.
UNCONFINED AQUIFER – An aquifer only partly filled with water. In such aquifers, the water table
or upper surface of the saturated zone is at atmospheric pressure and is free to rise and fall.
USE, ACCESSORY - A use customarily incidental and subordinate to the principal use of a structure or
lot and located on the same lot with such principal use of a structure or lot.
USE, AGRICULTURAL - Management of land for agriculture, raising of cows, horses, pigs, poultry
and other livestock, horticulture, aquaculture, silviculture, or orchards, including the sale of products
grown or raised directly on such land, and including the construction, alteration or maintenance of
fences, agricultural roads, agricultural drainage systems and farm ponds.
USE, NON-CONFORMING. A building, structure, lot, or use of land legally existing at the time of
enactment of this ordinance, and which does not conform to the regulations of the zone or zone in
which it is situated.
USE, PRINCIPAL - The specific purpose for which a lot or a structure is designed, arranged, intended,
or for which it is or may be occupied or maintained. The term "permitted use" or its equivalent shall
not be deemed to include any non-conforming use.
WASTEWATER - Water (except stormwater) that is contaminated with pollutants and is or will be
discarded.
WELLHEAD PROTECTION AREA – The surface and subsurface area surrounding a well through
which contaminants are reasonably likely to move toward and reach the water well.
YARD - An open space on the same lot with a building, unoccupied and unobstructed from the ground
upward except as otherwise permitted in this Ordinance.
YARD, FRONT - An open unoccupied space between the front building line and the right-of-way line
of the street and extending the full width of the lot.
YARD, REAR - An open unoccupied space between the rear building line and the rear line of the lot
extending the full width of the lot.
YARD, SIDE - An open unoccupied space between each side building line and the side line of the lot
and extending from the front yard to the rear yard.
APPENDIX 1 – Definitions
Page A1-18
APPENDIX II – COMMERCIAL DESIGN GUIDELINES
Contents
1. Purpose and Objectives
2. Building Placement
3. Building Design
a) Massing
b) Materials
c) Windows
d) Entrances
e) Screening of Equipment and Refuse
f) Canopies
g) Exterior Building Lighting
4. Site Design
a) Parking
b) Site Circulation
c) Landscaping
d) Natural Features
e) Site Lighting
5. Signage
6. Applicant Submission Information
a) Drawings, graphics, and narrative
7. Terminology
1. PURPOSE AND OBJECTIVES
The purpose of these guidelines is to provide greater direction and clarity for applicants, citizens,
town staff, Planning Board, and anyone involved in the Site Plan Review process. The objective
is to improve the design quality of new commercial development projects that go through the
Site Plan Review process, especially in the hamlets and along the Routes 34/96 and 96B
corridors.
It is the Town’s intent to:
a) foster attractive buildings and sites with thoughtful design and high quality materials
b) foster designs that have continuity with the design traditions of Upstate New York and
the Town of Danby.
c) foster the preservation and enhancement of significant views and characteristics of the
natural landscape including important topographic, watercourse and view features.
d) promote and enhance the interconnection of on-site pedestrian walkways with existing
or future off-site pedestrian ways.
APPENDIX II - Commercial Design Guidelines
Page A2-1
e) encourage opportunities to allow pedestrian accessibility to areas with strong natural
features such as meadows, wooded areas, wetlands and watercourses, by the attainment
of public rights-of-way for public access.
f) promote pedestrian connections between adjacent commercial properties.
g) seek visual and design coordination on contiguous parcels which can be viewed from
public rights-of-way.
h) screen dumpsters, loading docks, and parking areas from the public right-of-way and
adjacent residential uses
2. BUILDING PLACEMENT
Buildings should be placed on the site in considered, contextual, relationships with nearby
buildings, especially in the Danby and West Danby hamlets. Alignment of the front facade with
the traditional built forms of hamlets and small villages in Upstate New York is strongly
encouraged along all road frontages. For gas
stations or convenience stores with fuel
sales, vehicle fuel sales areas (pump islands,
canopies) should be to the side or rear of the
retail structure as illustrated in the graphic
to the right.
3. BUILDING DESIGN
Building design should take context into
consideration and draw on nearby properties
and the design traditions of Upstate New
York and the Town of Danby. The Board
and the Town Planner will review the
proposed building(s) and site drawings and
request designs that relate to the above
referenced design traditions. Such
considerations shall include, but not be
limited to, the following:
APPENDIX II - Commercial Design Guidelines
Page A2-2
a) Massing.
Buildings that are
larger than the
traditional scale of
the Town of Danby,
in general larger than
a footprint of 1,500
square feet, should
be designed as a
series of smaller
masses or design
components.
b) Materials. The Town has a preference for the use of traditional cladding patterns such
as clapboard, shingle, and board and batten. Stone, masonry block, brick, metal, and
modern stucco (EIFS) may be appropriate in limited applications. The use of split face
concrete masonry units is discouraged.
c) Windows. Walls facing the public road should have window area of at least 15% of the
facade. Windows should be real, functional (fixed or operable) clear glass windows with
clear views into the building or an internally lit display area. Windows for commercial
uses should be arranged and grouped between two feet and 10 feet above the finished
exterior grade. The use of simulated windows, spandrel glass, or reflective glass is
strongly discouraged.
d) Entrances. Building
entrances should be clearly
defined, in scale with the
building facade, relate to the
public road and have
weather cover. At larger
commercial buildings, the
Board may request that
individual commercial
tenants have separate
entrances.
e) Screening of Equipment
and Refuse. Rooftop
equipment screening shall
appear to be integral with the building design. Parapet walls or sloped roof forms, integral
to the design of the building, are preferred. Other equipment located at grade, such as
compactors, dumpsters, HVAC equipment, electrical transformers and switchgear,
propane tanks, and the like, located on site shall be screened from public roads and
adjacent residential uses in a manner approved by the Board. Screening materials and
APPENDIX II - Commercial Design Guidelines
Page A2-3
design should be attractive and compatible with the building and overall landscape
designs.
f) Canopies. Drive through or drive under canopies, typically associated with vehicle fuel
sales (gas stations), should draw on the design traditions of Upstate New York and the
Town of Danby. Canopies should have a pitched roof. Canopy supports should be
visually proportional to the bulk and mass of the roof structure.
g) Exterior Building Lighting. Exterior building lighting should be similar in color to the
color of site lighting. All building mounted exterior light fixtures should be shown on
building elevations. All building mounted lighting and site lighting should be shielded
from adjoining residential properties and public rights of way. Wall mounted lighting on
facades that are visible from public right of ways shall utilize lighting fixtures that light
down only. Fixtures that can cause night glare to off site locations should be avoided.
4. SITE DESIGN
a) Parking. Parking areas shall comply with Section 706. Surface parking should be
located on the side or rear of the building.
b) Site circulation.
Vehicle circulation and maneuvering on site should:
Provide safe ingress and egress from public roads
Limit driveway width to
24’ wide for two way traffic
12’ wide for one way traffic
Avoid unnecessary pedestrian/vehicle conflict points
Pedestrian circulation should:
Include clear walkways through parking areas
APPENDIX II - Commercial Design Guidelines
Page A2-4
Include paved, hard surfaced, sidewalks or pads near the main entrance
and along the building
Include connections to existing or future public or semi-public trails or
sidewalks.
c) Landscaping. Landscaping should enhance the site and screen undesirable features
from view. Landscaping should be used to enhance the principal building, but not screen
it. The expectation is the new building will be an attractive addition to the community,
not something unsightly in need of screening. Constructed berms are not appropriate in
APPENDIX II - Commercial Design Guidelines
Page A2-5
all areas and should be considered carefully. Where berms are proposed, they should
avoid an unnatural and contrived appearance. Drainage ponds and swales should have
natural forms and avoid straight edges. Formal
plantings of upright trees that draw on traditional
orchard plantings, are encouraged in certain
applications, such as parking screening and along
road frontages. Fencing and landscaping walls
should draw on design traditions of Upstate New
York and the Town of Danby. Except for areas
needing to be secured or areas far back from the
public road, chain link fencing is
generally discouraged.
d) Natural Features. Important
natural characteristics or site
features should be preserved and
enhanced. Important features may
include, but are not limited to
trees and vegetation, topography,
watercourses and views.
e) Site Lighting. Site and parking lot light poles should not exceed 18 feet above
surrounding grade. Light fixtures should be shielded to direct light downward and
contained within the site. Light glare should not extend beyond the property line.
5. SIGNAGE
a) Signage shall comply with the relevant sections of the Zoning Ordinance.
b) Ground mounted signs should be limited to no taller than six feet above finished grade.
Taller pole mounted signs may be appropriate if they are externally lit with spotlights and
not internally lit.
c) Building mounted cabinet or box signs are discouraged. Channel letter, halo lit letters,
or externally lit (spotlight or “gooseneck” lighting) signage is encouraged.
APPENDIX II - Commercial Design Guidelines
Page A2-6
d) Digital signs with changing, flashing, or movable text or graphics is strongly
discouraged except in very limited circumstances, such as price signs for vehicle fuel
sales (gas stations).
6. APPLICANT SUBMISSION INFORMATION
In addition to the standard information required for the Site Plan Review process in Sections 801
through 806, the Planning Board expects that the following will be provided for its review and
consideration.
a) Drawings, graphics, and narrative text demonstrating how the proposed project follows
these guidelines including:
instrument survey map of the property
first floor plan showing locations of doors and windows
building elevations with materials identified and window area calculations
completed (per #3c above)
general site plan
utility plan showing electrical, water, sewer connections, location of well and
septic, solar or wind energy installations, general drainage
landscaping plan with materials identified.
The Board may request a site profile incorporating a key building profile, an additional 3-D
rendition, or even a mass model, if necessary, to fully understand the three dimensional
characteristics of proposed buildings.
7. TERMINOLOGY
For the purposes of this Appendix, the following shall serve to clarify the meaning of special
terminology included in this text:
Design tradition: Upstate New York, the Finger Lakes and Southern Tier Regions, and the Town
of Danby have a traditional built form constructed between approximately 1790 and 1950.
Structures built between 1790 and 1950 were built at a human scale and exhibit a traditional
relationship to the land, to public roads, and to each other. These structures used traditional
materials such as wood, stone, and brick. Less frequently, particularly in rural areas, these
structures used cast iron, cementitious stucco and corrugated metal.
Structures built after 1950 were often oriented to vehicles and built at a vehicular scale and used
standardized national or international design models and modern or ersatz materials, forms, and
finishes.
Newly constructed buildings can draw on the design traditions from the 1790 to 1950 period
while utilizing appropriate currently available materials and contemporary design.
APPENDIX II - Commercial Design Guidelines
Page A2-7
APPENDIX II - Commercial Design Guidelines
Page A2-8