TOWN OF PEMBROKE ZONING LAW
JUNE 14, 1995
(As Amended Through 1/4/2001)
ARTICLE IV GENERAL REGULATIONS
SECTION 401 AGRICULTURAL DISTRICT - AG
The Agricultural (AG) District is designed primarily to preserve farmland and secondarily to preserve the rural nature of the Town. Agricultural and residential uses have a number of inherent conflicts between them. The purpose of this district is to minimize these conflicts by separating such uses by providing an area where agricultural uses are, and will remain primary. Active agricultural operations and agri-business are the predominant uses established in the district. Such uses shall continue to be permitted in this district. A limited number of residences will also be allowed as non-farm one family dwellings fronting on established roads based upon the parcel size as follows:
| Size of Original Parcel or Tract of Land |
Maximum Number of One- Family Dwellings Allowed |
|---|---|
| 1 to 5 acres | 1 |
| 5.1 to 10 acres | 2 |
| 10.1 to 20 acres | 3 |
| 20.1 to 35 acres | 4 |
| 35.1 or more acres | 5 |
In calculating the above density the size of the parcel or tract of land will be established on the date that this provision of the Zoning Law was adopted (September 13, 1995). The maximum number of dwellings allowed per parcel or tract of land would be five. In addition, the size of each building lot will be 40,000 square feet with 200 feet of lot frontage. This would allow each farmland owner a reasonable amount of development of his/her land, while keeping most good farmland available for future agricultural production. Before a zoning permit can be issued the Planning Board shall be required to do a site plan review, with preserving prime agricultural land as the main criteria in siting the building lots.
A. Permitted Uses
The following uses are permitted in the Agricultural District:
1. Agricultural use
2. One-family dwelling (in conformance with limitations set forth above)
3. Mobile home (see Section 601)
4. Private stable
5. Accessory buildings, structures and uses
B. Uses Requiring Special Use Permit
The following uses are permitted in the Agricultural District upon the issuance of a special use permit:
1. Home occupation (see Section 511)
2. Animal waste storage facility (see Section 513)
3. Public stable
4. Pond (see Section 515)
5. Public utility facility (see Section 505)
6. Child day care center
7. Commercial communication tower (see Section 517)
8.Accessory buildings, structures and uses (an additional special use permit is not required, but a new or revised site plan must be submitted for review and approval).
C. Area Regulations - See Zoning Schedule A.
SECTION 402 AGRICULTURAL-RESIDENTIAL DISTRICT - AG-R
The Agricultural-Residential (AG-R) District is designed to preserve the rural nature of the Town. Primary uses are agriculture and low-density residential uses on lots with a minimum size of 40,000 square feet.
A. Permitted Uses
The following uses are permitted in the Agricultural-Residential District:
1. Agricultural use
2. One and two-family dwelling(s)
3. Mobile home (see Section 601)
4. Religious institution
5. Public parks, public playgrounds, public libraries, municipal buildings and public water systems and similar public uses.
6. Private stable
7. School
8. Accessory buildings, structures and uses
B. Uses Requiring Special Use Permit
The following uses are permitted in an Agricultural-Residential District upon the issuance of a special use permit:
1. Multifamily dwelling(s)
2. Home occupation (see Section 511)
3. Wind Energy Conversion System (Production Model)
4. Public utility facility (see Section 505)
5. Public stable
6. Commercial greenhouse
7. Cemetery
8. Campground (see Section 510)
9. Mobile home park (see Section 602)
10. Cluster residential development (see Section 508)
11. Child day care center
12. Adult care facility
13. Boarding house
14. Tourist home
15. Animal waste storage facility (see Section 513)
16. Skilled trade shop (see Section 514)
17. Pond (see Section 515)
18. Commercial communication tower (see Section 517)
19. Accessory buildings, structures and uses (an additional special use permit is not required, but a new or revised site plan must be submitted for review and approval).
C. Uses Requiring Special Use Permit On Arterial Highways
The following uses are permitted in an Agricultural-Residential District (in addition to those uses listed in 402.B) upon the issuance of a special use permit provided the affected lot and proposed use fronts directly upon an arterial highway:
1. Hotel-Motel
2. Aircraft landing strip
3. Motor vehicle repair shop (see Section 504)
4. Commercial excavation - minor excavation (see Section 507.B)
5. Hospital
6. Motor vehicle sales and service
7. Outdoor recreation facility
8. Indoor recreation facility
9. Club
10. Kennel
11.Community center
12. Professional office
13. Nursing home
14. Animal hospital
15. Animal shelter
16. Self-service storage facility
D. Area Regulations
See Zoning Schedule A
SECTION 403 MEDIUM DENSITY RESIDENTIAL DISTRICT - MDR
The Medium Density Residential District is designed to accommodate primarily residential uses on lots with a minimum area of 20,000 square feet. The purpose of this district is to encourage residential growth in areas of the Town which have existing concentrations of residential uses. The residential district will allow for more economical provision of public services such as water and sanitary sewer should the need arise at some future date.
A. Permitted Uses
The following uses are permitted in the Medium Density Residential District:
1. One and two family dwelling(s)
2. Mobile home (see Section 601)
3. Religious institution
4. Public parks, public playgrounds, public libraries, municipal buildings and public water systems and similar public uses.
5. Agricultural uses, excluding the stabling of animals or the storage of manure, fertilizer, or similar odor or dust producing substances.
6. School
7. Accessory buildings, structures and uses.
B. Uses Requiring Special Use Permit
The following uses are permitted in the Medium Density Residential District upon issuance of a special use permit:
1. Multifamily dwelling(s)
2. Wind Energy Conversion System-Production Model (windmill)
3. Home occupations (see Section 511)
4. Professional office
5. Community center
6. Public utility facility (see Section 505).
7. Cluster residential development (see Section 508)
8. Child day care center
9. Adult care facility
10. Boarding house
11. Tourist home
12. Accessory buildings, structures and uses (an additional special use permit is not required, but a new or revised site plan must be submitted for review and approval).
C. Area Regulations
See Zoning Schedule A
SECTION 404 RESIDENTIAL DISTRICT - R
The Residential (R) District is designed primarily to provide for one family residential uses without permitting commercial uses except for home occupation.
A. Permitted Uses
1. One family dwellings.
2. Accessory buildings, structures and uses
B. Uses Requiring Special Use Permit
The following uses are permitted in a Residential District upon the issuance of a special use permit:
1. Two-family dwelling
2. Home occupation (see Section 511)
3. Cluster residential development (see Section 508)
C. Area Regulations
See Zoning Schedule A
SECTION 405 LIMITED COMMERCIAL DISTRICT - LC
The Limited Commercial (LC) District is designed to provide areas within the Town for development of commercial uses of limited size and scope. These districts are located along arterial highways which provide both visibility and ready access to such uses.
A Permitted Uses
The following uses are permitted in the Limited Commercial (LC) District:
1. Retail trade and/or personal service not exceeding 10,000 sq. ft. of gross floor area except such uses located in the LC District along RT. 77, south of Cohocton Rd., shall not exceed 5,000 sq. ft. of gross floor area.
2. Accessory buildings, structures and uses.
B. Uses Requiring Special Use Permit
The following uses are permitted in the Limited Commercial District upon the issuance of a special use permit:
1. One, two or multifamily dwelling(s)
2. Indoor recreation facility
3. Outdoor recreation facility
4. Pond (see Section 515)
5. Public utility (see Section 505)
6. Home occupation (see Section 511)
7. Cluster residential development (see Section 508)
8. Child day care center
9. Tourist Home
10. Self-service storage facility
11. Funeral home
12. Crematory
13. Kennel
14. Pet cemetery
15. Animal hospital
16. Commercial communications tower (see Section 517)
C. Area Regulations
See Zoning Schedule A.
SECTION 406 COMMERCIAL DISTRICT - C
The Commercial (C) District is designed to provide areas within the Town for concentrations of commercial uses. These districts are located along major highways to provide for maximum development potential.
A. Permitted Uses
The following uses are permitted in the Commercial District:
1. Retail trade
2. Restaurant (excluding drive-in restaurant)
3. Hotel/motel
4. Commercial greenhouse
5. Office building
6. Personal service
7. Wholesale trade
8. Theater
9. Bank (excluding drive-in bank)
10. Accessory buildings, structures and uses
B. Uses Requiting Special Use Permit
The following uses are permitted in the Commercial District upon the issuance of a special use permit:
1. Drive-in business, including drive-in restaurants and drive-in banks (see Section 504)
2. Motor vehicle repair shop (see Section 504)
3. Gasoline station (see Section 504)
4. Gasoline station-market (see Section 504)
5. Indoor recreation facility
6. Light industrial
7. Motor vehicle sales and service
8. Recreational vehicle and mobile home sales and service
9. Public utility facility (see Section 505)
10. Alterations to existing one-family, two-family and multifamily dwelling(s)
11. Warehouse
12. Shopping center
13. Child day care center
14. Adult care facility
15. Contractors yard
16. Carwash
17. Self-service storage facility
18. Outdoor recreational facility
19. Pond (see Section 515)
20. Commercial communication tower (see Section 517)
21. Self-service storage facility
22. Accessory buildings, structures and uses (an additional special use permit is not required, but a new or revised site plan must be submitted for review and approval)
C. Area Regulations
See Zoning Schedule A.
SECTION 407 INDUSTRIAL DISTRICT - I
The Industrial (I) District is designed to provide areas within the Town which are appropriate for industrial type uses. In limiting industrial uses to the Industrial District, it is the Town’s intention to minimize the potential adverse impacts of such uses.
A. Permitted Uses
The following uses are permitted in the industrial district:
1. Warehouse
2. Heavy machinery and truck sales and service
3. Wholesale trade
4. Accessory buildings, structures and uses
B. Uses Requiring Special Use Permit
The following uses are permitted in the Industrial District upon the issuance of a special use permit.
1. Junkyard (see Section 509)
2. Industrial park
3. Motor vehicle sales and/or service (see Section 504)
4. Recyclables handling and recovery facility
5. Self-service storage facility
6. Manufacturing
7. Contractors yard
8. Truck stop
9. Trucking terminal
10. Public utility facility (see Section 505)
11. Pond(seeSection5l5)
12. Alterations to existing one, two family and multi-family dwelling(s)
13. Commercial communications tower (see Section 517)
14. Accessory buildings, structures and uses (an additional special use permit is not required, but a new or revised site plan must be submitted for review and approval)
C. Area Regulations
See Zoning Schedule A.
SECTION 408 INTERCHANGE DISTRICT - INT
The Interchange (INT) District is designed to blend commercial and light industrial uses, thus maximizing the development potential of the NYS Thruway Interchange.
A. Permitted Uses
The following uses are permitted in the Interchange District:
1. Hotel/motel
2. Restaurant (excluding drive-in restaurant)
3. Retail trade
4. Personal service
5. Office building
6. Bank (excluding drive-in bank)
7. Wholesale trade
8. Theater
9. Existing residences
10. Warehouse
11. Indoor recreation facility
12. Adult use
13. Accessory buildings, structures and uses
B. Uses Requiring Special Use Permit
The following uses are permitted in the Interchange District upon issuance of a special use permit:
1. Drive-in business (see Section 504)
2. Gasoline station (see Section 504)
3. Gasoline station - market (see Section 504)
4. Carwash
5. Motor vehicle repair shop (see Section 504)
6. Farm equipment sales and service
7. Recreation vehicle sales and service
8. Truck stop
9. Public utility facility (see Section 505)
10. Mobile home sales
11. Shopping center
12. Industrial park
13. Self-service storage facility
14. Motor vehicle sales and service
15. Trucking terminal
16. Light industrial
17. Outdoor recreation facility
18. Pond (see Section 515)
19. Commercial communications tower (see Section 517)
20. Accessory buildings, structures and uses (an additional special use permit not required, but a new or revised site plan must be submitted for review and approval)
C. Area Regulations
See Zoning Schedule A.
SECTION 409 EARTH PRODUCTS DISTRICT
The Earth Products District is designed to allow the mining of valuable earth products.
A. Permitted Uses:
None.
B. Uses Requiring Special Use Permit
1. Commercial excavation - major excavation (see Section 507.A.)
SECTION 410 PLANNED UNIT DEVELOPMENT - PUD
A. Purpose
The purpose of the Planned Unit Development District is to permit greater flexibility, more creative and imaginative design and utilization of innovative land development techniques while promoting more economical and efficient use of land, buildings, circulation systems and utilities; to provide for both individual building sites and common property which are planned and developed as a unit; to provide harmonious land uses which offer a high level of amenities; to permit a variety of residential types and/or nonresidential uses; and to preserve natural and scenic qualities of the site during the development process.
B. General Requirements
1. Minimum Area
The minimum area required to qualify for a Planned Unit Development shall be five (5) contiguous acres of land.
2. Ownership
The tract of land for a Planned Unit Development may be owned, leased or controlled either by a single person or corporation or by a group of individuals or corporations. A petition must be filed by the owner, or jointly by owners, of all property included in a project. In the case of multiple ownership, the approved Planned Unit Development plan is binding on all owners.
3. Location
The Planned Unit Development District shall be applicable to any zoning district or parts of zoning districts where the applicant can demonstrate that the characteristics of his holdings and plan will meet the objectives of this Section.
4. Common Open Space
Common open space in a Planned Unit Development may be one (1) or more sites for use in common by all of the occupants within the project area or by the residents of the Town as a whole, depending upon dedication of such sites. Such common open space may be retained in private ownership or received in dedication by the Town. If the open space remains in private ownership, arrangements for the operation, maintenance, improvement and liability of such common property and facilities must be approved by the Town Board. No common open space, so designated by the proposal and approved by the Town Board, may be thereafter developed or disposed of except with the approval of the Town Board.
5. Permitted Uses
Any uses identified as permitted uses or uses allowed by special use permit as set forth in this Zoning Law for any district may be permitted in a Planned Unit Development.
6. Mix of Uses
The mix of permissible uses shall be determined by the Town Board.
C. Application Procedure and Approval Process
1. Conceptual Review
Before submission of a petition for rezoning as a Planned Unit Development, the developer is encouraged to meet with the Town Planning Board to determine the feasibility and suitability of his proposal before entering into any binding commitments or incurring substantial expenses of site plan preparation and the required documentation.
2. Rezoning Procedure
a. Submission of Petition
A petition for the establishment of Planned Unit Development districts shall be submitted to the Town Clerk by the developer (see Paragraph d. of this Subsection).
b. Notification and Referral
Within five (5) working days, the Town Clerk shall notify the Town Board of the petition and shall refer the petition and all supporting documentation to the Planning Board for its review and recommendations.
c. Planning Board Review
Within sixty-two (62) days of receipt of the petition, the Planning Board shall review it and recommend approval, approval with modifications or disapproval thereof to the Town Board. Failure to act within 62 days or such longer period as may be consented to by the developer shall constitute approval of said petition by the Planning Board.
d. Submission Requirements
The developer shall submit a minimum of four (4) sets of such plans, and drawings (additional sets may be required). These four (4) sets shall be submitted to the Town Clerk. The preliminary plans shall be accompanied by such maps, charts and written material necessary for the Boards to make a preliminary judgment on the suitability and impact of the proposed Planned Unit Development on the Town. Preliminary plans should include the following:
(1) A preliminary site plan of the property covered by the petition showing the approximate size and location of the various development areas (road rights-of-way, single-family housing areas, multifamily housing areas, commercial and open space areas, etc.); the number and type of residential structures and dwelling units within each residential area; the approximate square footage of nonresidential use within each nonresidential area. the amount of open space; traffic circulation, and the surrounding land uses.
(2) A written preliminary description of the proposal including the total number of acres in the site; the estimated number and type of housing units; the estimated residential and nonresidential density; the major planning assumptions and objectives; the probable effect on adjoining properties; and the effect on the overall Town development plan and the effect on this Zoning Law.
e. Review Considerations - In review of the preliminary plans, the Planning Board shall consider the manner with which the proposal fits the general pattern of land use established by the Zoning Law, and the impact on the established land uses in the area, overall density of development, traffic circulation, the provision of open spaces, and the effect on schools and other municipal facilities.
f. Town Board Review and Approval - Upon receipt of the Planning Board’s recommendation, the Town Board may, after a public hearing and review of the proposed zone change by the County Planning Board, pursuant to General Municipal Law Sections 2391 and m, amend the Zoning Law so as to establish and define the boundaries of the Planned Unit Development. If the rezoning request is approved for the Planned Unit Development, such action does not authorize improvements to the rezoned land.
3. Final Plan
a. Ownership
Before final approval of the Planned Unit Development, the developer must show evidence of the full legal ownership in the land.
b. Submission of Final Plan
Upon approval of the zone change, the applicant has one year in which to submit a final plan to the Town Clerk.
c. Notification and Referral
Within five (5) working days, the Town Clerk shall notify the Town Board of the filing of the final plan and shall refer the final plan and all supporting documentation to the Planning Board for their review and recommendation.
d. Planning Board Review
Within sixty-two (62) days of receipt of the final plan, the Planning Board shall review the final plan and recommend approval, approval with modifications or disapproval to the Town Board. Failure to act within 62 days or such longer period as may be consented to by the developer, shall constitute approval of the final plan by the Planning Board.
e. Submission Requirements
The applicant shall submit a minimum of four (4) complete sets of the final plan and drawings (additional sets may be required). These four (4) sets shall be submitted to the Town Clerk. The final plan shall be accompanied by a detailed justification for the proposal including such maps, charts and written material necessary for the Town Board to make an impartial judgment on the suitability and impact of the proposed Planned Unit Development on the Town. Such material shall include, but not be limited to, the following:
(1) A mapped development plan of the property covered by the development showing the size and location of the various development areas (road rights-of-way, single-family housing areas, multifamily housing areas, commercial and open space areas, etc.), the location of proposed residential structures and dwelling units within each residential area, the square footage of nonresidential use within each nonresidential area and the amount of open space.
(2) A written description of the proposal including the major planning assumptions and objectives, the probable effect on adjoining properties, the effect on the overall Town development plan and the effect on this Zoning Law.
(3) Such additional written material, graphs or charts as are necessary to present the total number of acres in the site, the number and type of housing units, the gross and net residential densities, the approximate selling and/or rental prices of the units, and square feet of nonresidential floor area including the approximate selling and/or rental price, the development schedule expressed in units per month (or year or any other appropriate time sequence), the phasing plan (if any), the approximate completion date of the entire project, and the estimated total construction cost of the project upon completion.
(4) Such other written or graphic material as is necessary for the Planning Board to judge the impact of the proposal on the Town. Such material shall include, but not be limited to: the need for new public facilities and the adequacy of existing facilities including a statement of the intent to which the developer intends to provide needed facilities, a fiscal impact statement including a summary of new costs and revenues to the Town due to the development, the projected new population, and the method of assuring that all open spaces will be permanently maintained and devoted to open space uses.
f. Review Considerations - In review of the final plan, the Planning Board shall consider the manner with which the proposal fits the general pattern of land use established by this Zoning Law, and the protection of the established and permitted uses in the area. It shall consider: the location of main and accessory buildings and their relation to one another; the circulation pattern of the site, ~and the amount, location, and access of parking and off-street loading space facilities; the height and bulk of buildings; the provision of open spaces, landscaped areas, signs, and similar features of the site plan; and the safeguards provided to minimize possible detrimental effects of the proposed development on adjacent property and the surrounding neighborhood; the
manner of conformance with the official development policies of the Town; the effect on schools and other municipal facilities; and the manner in which natural and scenic characteristics of the site are preserved.
g. Town Board Review and Approval - Upon receipt of the Planning Board’s recommendation, the Town Board shall, after a public hearing and review of the final plan by the County Planning Board, pursuant to General Municipal Law Sections 239 1 and m, approve, approve with modifications or disapprove the final plan. The Town Board shall make its decision in accordance with official Town development policies and may impose conditions relating to that plan. The decision of the Town Board shall immediately be filed in the office of the Town Clerk and a copy mailed to the applicant by regular mail.
D. Design Standards
1. Area Requirements
The least restrictive area, yard, coverage, height, density and supplementary regulation requirements applicable to a specific use under this Zoning Law shall apply, except where the Planning Board finds that it is in the public interest to modify these requirements and the Town Board approves such modifications.
2. Traffic and Circulation
All proposed public roads shall meet the design and construction specifications
set forth by the Town Highway Superintendent and/or Engineer.
Special consideration should be given to pedestrian movement from the standpoint of safety, convenience and amenity. Sidewalks, curbs and gutters should be considered in the design of the overall circulation system.
3 Common Open Space
All common open space should be preserved and maintained for the intended purpose through one or more of the following methods:
a. Public dedication
b. Establishment of a Home Owners Association
c. Retention of responsibilities, control and maintenance by the developer.
4. Security
Performance and maintenance bonds or other security may be required in the discretion of the Town Board.
SECTION 411 FLOOD PLAIN OVERLAY ZONE - FPO (Information Only)
The Flood Plain Overlay Zone is shown on the Zoning Map of the Town of Pembroke for information purposes only to identify potential areas of special flood hazard, to insure coordinated review of zoning and flood damage prevention regulations, and to minimize the threat of flood damages. Exact boundaries of the special flood hazard areas can be found on the Federal Emergency Management Agency’s (FEMA) most current Flood Insurance Rate Map (FIRM), or equivalent map for the Town of Pembroke (Community Number 360283).
In addition to the Zoning Law, areas within special flood hazard areas are regulated by the Town of Pembroke’s Flood Damage Prevention Local Law which is administered by the Zoning Administration Officer or other designee of the Town Board. These requirements are in addition to those contained in the underlying zoning district.