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ARTICLE IV
District Use Regulations
§ 125‑8. Applicability.
Except as provided by law or in this chapter, in each district, no building, structure or land shall be used or occupied except for the purposes permitted in §§125‑10 through 125‑14 and for the zoning districts so indicated.
A. A use listed in §§ 125‑10 through 125‑14 is permitted by right in any district in which said use is listed, subject to such requirements as may be specified in §§ 125‑10 through 125‑14, and after a zoning permit has been issued in accordance with Article X.
B. A use permitted by special permit in any district requires Board of Appeals authorization subject to the requirements of §§ 125‑10 through 125‑14 and § 125‑88 and such further restrictions that said Board may establish.
C. Uses are subject to all applicable regulations of this chapter, other local laws and state and federal laws.
§ 125‑9. Applicability of other provisions.
Uses permitted by right or by special permit shall be subject, in addition to use regulations, to such regulations of yard, lot size, lot width, building area, provisions for off‑street parking and
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loading and to such other provisions as are specified in other Articles herein.
§ 125‑10. R Residential District
A. The following uses are permitted within the R Residential District:
(1) Agricultural tilling of the soil.
(2) One‑family detached dwelling on a separate lot and occupied by not more than one family.
(3) Two‑family detached dwelling on a separate lot, the total lot area not being less than the minimum lot required per family for the district.
(4) Conversion of one‑family dwellings to two‑family dwellings; upon completion of the conversion, the converted dwelling shall meet all requirements of this chapter applicable to two‑family dwellings.
(5) Multiple‑family dwellings. The following regulations shall apply to all multiple‑family dwellings:
(a) Multiple‑family dwellings shall include apartment buildings, townhouses and condominiums and accessory structures, provided that such structures do not include any business activity.
(b) Lot sizes and yards for multiple‑family dwellings. Every lot shall meet the following minimum requirements.
[1] Lot area per dwelling unit shall be as follows:
[a] One bedroom unit: 3,500 square feet.
[b] For each additional bedroom: 2,000 square feet.
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[c] Living area per apartment: 384 square feet.
[2] Width of dwelling unit: 16 feet.
[3] Distance between buildings: 40 feet.
[4] Front yard depth: 35 feet.
[5] Rear yard depth: 40 feet.
[6] Units per building (maximum): 10.
[7] Size parcel under development: three acres.
[8] Side yard width: 30 feet.
(c) Open space.
[1] At least 3.7 square feet of lot area per one square foot of living area shall be open space.
[2] Open space is the total horizontal area of all uncovered open space. Covered open space is exterior space that is open on its sides to the weather but not open above to the sky and weather, such as roofed porches, roofed carports and covered balconies.
(d) Recreation space.
[1] At least 0.18 square feet of lot area per one square foot of living area shall be recreation space.
[2] All recreation space counted shall be at least 20 feet away from any residential wall containing a window on the ground floor and shall have at least 100 feet for each dimension, except that an area of
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lesser dimension is countable if the total required recreation space is less than 10,000 square feet.
(e) Sewage disposal. All multiple‑family dwellings shall be served by a public sewer as defined in § 125‑3D, definition of "sewer," Subsection (1).
(6) Recreation facility owned or operated by an agency of the Town or other government.
(7) Governmental buildings.
(8) Fire stations.
(9) Renting of rooms in a dwelling, without separate cooking facilities for not more than three lodgers.
(10) Noncommercial greenhouses.
(11) Tool sheds.
(12) Private garages.
(13) Swimming pools, subject to the following provision: Every outdoor inground pool shall be completely surrounded by a fence not less than four feet in height.
(14) Fences or walls, where agricultural use does not exist on the property, subject to the following provisions: [Amended 9-11-2006 by L.L. No. 3-2006]
(a) Fencing shall be uniform in design, of natural material or chain link, with the finished side of the fence facing the adjoining properties. No fence or wall shall be of the masonry type.
(b) Fencing shall be installed at the outside perimeter of the property line at a minimum of six inches inside the property line. Fencing may be no more than 48 inches high in the front
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yard and no more than 72 inches high at the rear and side yard property lines.
(c) At all street intersections, there is to be no obstruction of any kind that will interfere with the sight distance(s) of vehicular traffic and it must meet the visibility requirement of § 125-30.
(d) In circumstances other than the above, the placement, along with the restrictions imposed for an intended fence project, shall be determined by the Town of Brutus - Village of Weedsport Joint Planning Board.
(15) Off‑street parking, subject to the provisions and requirements of Article VI.
(16) Signs, subject to the provisions and requirements of Article II, definition of "sign," and Article VII.
B. Special permit uses shall be as follows:
(1) Churches, parish houses, convents and other housing for religious personnel, subject to the following provisions:
(a) Minimum lot size shall be three acres.
(b) Maximum height shall be 50 feet.
(c) All buildings shall not be less than 100 feet from any lot line.
(d) Completely detached buildings on the same lot shall not be less than 20 feet from one another.
(2) Religious sectarian and nonsectarian, denominational, private or public schools not conducted as a private gainful business, subject to the following provisions:
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(a) Minimum lot size shall be three acres.
(b) Maximum height shall be 35 feet.
(c) All buildings shall not be less than 100 feet from any lot line.
(d) Completely detached buildings on the same lot shall not be less than 20 feet from one another.
(3) Libraries.
(4) Home occupations.
(5) Television dishes.
(6) Golf courses and country clubs (excluding driving ranges and miniature golf courses), subject to the following provisions:
(a) Minimum lot size shall be 40 acres.
(b) All buildings shall not be less than 100 feet from any lot line.
(c) Such use shall be permitted in the R District only when planned as part of a residential development.
(7) Utility station, substation or exchange, subject to the following provisions:
(a) Such public service structures shall be permitted only if it is essential to service in the district.
(b) No public business office nor any storage yard or storage building shall be operated in connection with such use.
(8) Nursery school buildings.
(9) Day‑care center buildings.
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C. Lot sizes and yards for the R District. Every lot shall comply with the following:
(1) Minimum requirements shall be as follows:
(a) Lot area: 25,000 square feet.
(b) Front yard depth: 35 feet.
(c) Side yard width (each): 15 feet.
(d) Rear yard depth: 25 feet.
(e) Building line width: 125 feet.
(f) Foundation area: 900 square feet.
(g) Front foundation length: 24 feet.
(2) Maximum building height and lot coverage shall be as follows:
(a) Building height: 35 feet.
(b) Percentage of lot covered: 30%.
D. Uses prohibited. All other uses shall be prohibited.
§ 125‑11. AR Medium Density Residential/Agricultural District.
A. The following uses are permitted within the A‑R Medium Density Residential/Agricultural District:
(1) Tilling of the soil.
(2) Keeping or raising of livestock, small animals or poultry.
(3) Greenhouses, provided that any retail sales of commodities associated with the greenhouse shall be produced on the premises.
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(4) One‑family detached dwellings on a separate lot and occupied by not more than one family.
(5) Two‑family dwellings, provided that the lot area per family shall not be less than the minimum lot required per family for the district.3
(6) Conversion of one‑family dwellings to two‑family dwellings; upon completion of the conversion, the converted dwelling shall meet all requirements of this chapter applicable to two‑family dwellings.
(7) Cemeteries.
(8) Golf courses and country clubs, provided that the requirements of §125‑10B(6)(a) and (b) of the special permit uses in the R District are met.
(9) Driving ranges.
(10) Governmental buildings.
(11) Fire stations.
(12) Noncommercial greenhouses.
(13) Tool sheds.
(14) Private garages.
(15) Swimming Pools, provided that the requirements listed under §125‑10A(13) of the permitted uses in the R District are met.
(16) Fences or walls, provided that the requirements listed under §125‑10A(14)(a), (b), (c) and (d) of the permitted uses in the R District are met. [Amended 9-11-2006 by L.L. No. 3-2006]
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3 Editor's Note: Original Subsection 6, which immediately followed this subsection and dealt with mobile homes, as amended 1‑16‑1989 by L.L. No. 1‑1989, was repeated 9‑9‑1991 by L.L. No. 2‑1991.
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(17) Drive‑in stands not exceeding 400 square feet of gross floor area for the sale of farm, nursery or greenhouse products produced on the premises where offered for sale, subject to the following provisions:
(a) The stand may be in the front yard, but shall not be within the street lines.
(b) The location shall not be within 50 feet of any intersection.
(c) Parking for vehicles shall be provided off the street pavement.
(d) See also §§ 125‑20 and 125‑32A(10).
(18) Off‑street parking, subject to the provisions and requirements of Article VI.
(19) Signs, subject to the provisions and requirements of Article VII.
B. Special permit uses shall be as follows:
(1) Churches, parish houses, convents and other housing for religious personnel, provided that the requirements listed under special permit uses in the R District, § 125‑10B, are met.
(2) Religious, sectarian and nonsectarian, denominational, private or public schools not conducted as a private business, provided that the requirements listed under special permit uses in the R District, §125‑10B, are met.
(3) Libraries.
(4) Home occupations.
(5) Television dishes.
(6) Nursery school buildings.
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(7) Day care center buildings.4
(8) Riding academies, subject to the following provisions:
(a) Minimum lot size shall be 10 acres.
(b) All buildings shall not be less than 100 feet from any lot line.
(9) Licensed hospitals or other licensed establishments for the care of the sick, aged, crippled, mentally ill or convalescent persons; children's homes or orphanages, subject to the following provisions:
(a) Minimum lot size shall be three 3 acres.
(b) All buildings shall not be less than 100 feet from the lot line.
(10) Motels, subject to the following provisions:
(a) The minimum lot size shall be three acres.
(b) A motel shall have frontage on a New York State maintained road.
(11) Bed‑and‑breakfast establishments.
(12) Mortuaries or funeral homes with a minimum lot size of two acres.
(13) Commercial dog kennels, subject to the following provisions:
(a) Minimum lot size shall be five acres.
(b) No wholly or partly nonresidential structure housing dogs shall be closer than 150 feet to any lot line.
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4 Editor's Note: Original Subsection 8, which immediately followed this subsection and dealt with mobile home parks, as amended 1‑16‑1989 by L.L. No. 1‑1989, was repealed 9‑9‑1991 by L.L. No. 2‑1991.
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(14) Professional offices.
(15) Utility stations, substations or exchanges, provided that the requirements listed under special permit uses for the R District, §125‑10B, are met.
(16) Commercial antennas, micro‑relay stations, etc., subject to the following provisions:
(a) Minimum lot size shall be five acres.
(b) No supporting wires or cables shall be closer than 50 feet to any lot line.
(17) Airport or landing field.
(18) [Added 6‑10‑1991 by L.L. No. 1‑1991] The taking of natural resources, including mining and gravel beds.
(a) The taking of natural resources in quantities or by methods established by the New York State Department of Environmental Conservation as not requiring a permit by that agency shall be deemed an exempt use as set forth in and subject to § 125‑76C of this chapter.
(b) The taking of natural resources in quantities or by methods established by the Department of Environmental Conservation as requiring a permit by that agency shall require the issuance of a special permit.
(c) Issuance of a special permit shall be conditional upon issuance of:
[1] A mining permit by the New York State Department of Environmental Conservation; application for a special permit granted by the New York State Department of Environmental Conservation and any additional
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information required by § 125‑88 of this chapter not required by the New York State Department of Environmental Conservation.
[2] The applicant shall provide a highway map denoting proposed access routes to the site.
[3] The applicant shall post a performance bond and/or insurance bond to insure that any damage to the Town highway adjacent to the mining area caused by the transportation of material and/or equipment from the site to insure that the Town roads are restored to their usual condition at the expense of the applicant.
(d) The Zoning Board of Appeals shall obtain from the Highway Superintendent a statement regarding the condition of Town roads designated as the access routes and the weight limitations thereon. The statement shall include the Highway Superintendent's concerns regarding possible damage to said roads resulting from this proposed activity.
(e) The applicant shall provide for the reclamation of the site as required by the New York State Department of Environmental Conservation.
(f) Any mining would also be subject to any other applicable laws or regulations in place at the time of application.
C. Lot sizes and yards for the A‑R District. Every lot shall comply with the following:
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(1) Minimum requirements shall be as follows:
(a) Lot area: 50,000 square feet.
(b) Front yard depth: 75 feet.
(c) Side yard width (each): 25 feet.
(d) Rear yard depth: 50 feet.
(e) Building line width: 200 feet.
(f) Foundation area: 900 square feet.
(g) Front foundation length: 24 feet.
(2) Maximum building height and lot coverage are as follows:
(a) Building height: 35 feet.
(b) Percentage of lot covered: 25%.
D. Uses prohibited. All other uses shall be prohibited.
§ 125‑12. R‑F Riverfront District.
A. Large areas of land within this zone are identified as protected wetlands and/or floodplains and therefore are subject to severe developmental limitations. Proximity to the Seneca River offers the opportunity to establish recreational activities which can benefit the general public. These benefits are only derived when development is sensitive to the natural environment in which it is established. It is the intent of this section of the Zoning Law to ensure compatibility between development and the environment.
B. Uses permitted in this zone shall be those permitted within the A‑R District. Uses allowed by special permit within this zone shall be those allowed by special permit
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within the A‑R District and the following uses which are dependent upon access or proximity to the river:
(1) Marine uses:
(a) Marina.
(b) Boat and marine engine repair.
(c) Gas docks.
(d) Fishing and boating supplies.
(2) Private clubs and joint access areas, a joint access area being a single parcel of land cooperatively owned for the purpose of obtaining access to the Seneca River for recreation.
(3) Seasonal lodging:
(a) Campgrounds.
(b) Rental cottages.
C. Lot sizes and yards for the R‑F District. Generally, the lot size and yard requirements for uses established within this district shall be those established within the A‑R District. However, the following specific criteria are established to safeguard the river environment:
(1) All marine uses, private clubs or joint access areas and seasonal lodging established under permitted uses above, with river frontage, shall have no less than 200 feet of frontage upon the river.
(2) Irrespective of the minimum lot size set forth in this chapter, all uses established within this district shall demonstrate that the lot size upon which the use shall occur is sufficiently large to permit any above- or inground structures to be placed outside the boundaries of protected wetlands or floodplains or to allow the appropriate development techniques to minimize or prevent damage to structures and
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impacts on wetland/floodplain areas. In no case shall the presence of protected wetlands or floodplains be deemed a hardship for the purpose of granting an area variance, since it is presumed that all lands within this district are affected by such limiting environmental factors.
§ 125‑13. C‑I Commercial ‑ Light Industrial District.
A. The following uses are permitted in the C‑I Commercial ‑ Light Industrial District:
(1) Tilling of the soil.
(2) Commercial greenhouses.
(3) Public buildings owned or operated by the Town government.
(4) Libraries.
(5) Professional or business offices.
(6) Beauty parlors.
(7) Banks.
(8) Stores and shops for the retail sale of merchandise.
(9) Restaurants.
(10) Drive‑in facilities.
(11) Service businesses, including but not limited to the following uses:
(a) Barber shop, laundry or dry‑cleaning shops, self‑service laundries.
(b) Tailor, dressmaker.
(c) Printing shop, photographer's studio and caterer.
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(d) Repair shop for appliances, bicycles, watches and shoes.
(12) Sales or rental of large items requiring outdoor display for sales and storage, including but not limited to trailers, boats, snowmobiles, all‑terrain vehicles and farm machinery, subject to the following provisions: [Amended 9‑9‑1991 by L.L. No. 2‑1991]
(a) Items shall not be closer than 30 feet to any street line or right‑of‑way.
(b) Items shall not be closer than 30 feet to any lot line.
(c) Any existing establishments, whether conforming or nonconforming, shall be subject to the above provisions in all future practice.
(13) Utility stations, substations, pumping stations and telephone exchanges.
(14) Fire stations.
(15) Wholesale business and storage in an enclosed structure.
(16) Laboratories: research, testing or experimental.
(17) Contractor offices and shops.
(18) Noncommercial greenhouses.
(19) Tool sheds.
(20) Private garages.
(21) Swimming pools, provided that they meet the requirement listed under permitted uses of the R District.
(22) Fences and walls, subject to the following:
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(a) The fence or wall must meet the visibility requirements of §125‑30.
(b) No masonry perimeter fences or walls are permitted.
(23) Off‑street parking, subject to the provisions and requirements of Article VI.
(24) Signs, subject to the provisions and requirements of Article VII.
(25) Residential uses as set forth in § 125‑10A. [Added 8‑12‑1996 by L.L. No. 5‑1996]
B. Special permit uses shall be as follows:
(1) Licensed hospitals or other licensed establishments for the care of the sick, aged, crippled or mentally ill, subject to the following provisions:
(a) Minimum lot size shall be three acres.
(b) All buildings shall not be less than 100 feet from any lot line.
(2) Gasoline service stations and public garages, subject to the following additional requirements:
(a) All activities except those required to be performed at the fuel pumps shall be performed within a completely enclosed building.
(b) Fuel pumps may be located within the front yard, but shall be at least 20 feet from any street line.
(c) All automotive parts, dismantled vehicles and similar articles shall be stored within a building.
(3) Motels, subject to the following provision: The minimum lot size shall be three acres.
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(4) Hotels, subject to the following provision: The minimum lot size shall be three acres.
(5) Light manufacturing, including but not limited to the production, processing, testing and distribution of materials, foods, foodstuffs and products.
(6) Motor vehicle sales, service and repair.
(7) Car washes.
(8) Commercial and industrial equipment sales and service.
(9) Lumber yards, building supply and construction equipment.
(10) Private indoor and outdoor recreation facilities.
(11) Adult uses. [Added 9-9-2002 by L.L. No. 2-2002]
(a) Purpose. It is recognized that buildings and establishments operated as adult uses have serious objectionable operational characteristics. In order to promote the health, safety and general welfare of the residents of the Town of Brutus, this local law is intended to restrict adult uses to commercial-light- industrial-zoned areas of the Town. The Town Board hereby finds that the operational characteristics of adult uses and the secondary effects of adult uses increase the detrimental impact on a community when such uses are spread throughout the community. The Town Board finds that, based upon common knowledge and experience and studies conducted by other municipalities (including but not limited to: Syracuse, New York; Kansas City, Missouri; Bergen, New, York; Scotia, New York; Dryden, New York; and Ellicottville, New York), the adult uses sought to be regulated by this local law have been associated with
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criminal and other socially undesirable behavior, such as disorderly conduct, prostitution, pornography, drug trafficking and substance abuse, which have the resulting effects of depressing property values in the surrounding neighborhood and increasing the burden upon law enforcement personnel and municipal expenditures. Therefore, this local law is intended to promote the health, safety and general welfare of the residents of the Town of Brutus by regulating the concentration and location of such adult uses. This local law has neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials; similarly, it is not the intent or effect of this local law to restrict or deny access by the distributors and exhibitors of adult entertainment and/or sexually orientated entertainment to their intended market; neither is it the intent nor effect of this law to condone or legitimize the distribution of obscene material.
(b) Restrictions.
[1] No adult use shall be allowed or permitted in any zoning district of the Town, except a Commercial-Industrial District. All adult uses shall comply with the applicable provisions of the Code, including those relating to structures and uses permitted in a Commercial-Industrial District.
[2] In addition, no person shall construct, establish, operate or maintain, or be issued a certificate of occupancy for, any adult use with the Town unless such use meets the following standards:
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[a] No more than one adult use shall be allowed or permitted on any one lot.
[b] No adult use shall be allowed or permitted on a lot that is closer than 1,000 feet to:
[i] A lot on which there is another adult use;
[ii] Any Residential District, Agricultural-Residential District, River Front District or Special Development District;
[iii] Any property that is utilized, in whole or in part, for residential purposes;
[iv] Any church or other regular place of worship, community center, funeral home, library, school, nursery school, day-care center, hospital or public park, playground, recreational area or field;
[v] Any public buildings; and
[vi] Any hotels or motels.
[c] Where there is a conflict between the regulations as provided in this Subsection B(11) and any other law, rule or regulation of the Town, including the Code, the most restrictive law, rule or regulation shall apply.
[d] All distances set forth herein shall be measured from lot line to lot line.
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(c) Observation from public way prohibited. No adult use shall be conducted in any manner that permits the observation of any material depicting or relating to specified sexual activities or specified anatomical activities from any public way or from any other lot, including but not limited to any lighting, display, decoration, poster, photograph, video, sign, show, doorway, window, screen or other opening.
(d) Penalties for offenses. A violation of any provision of this Subsection B(11) shall be punishable as provided in Article XII, §125-97 of the Code.
C. Uses prohibited. All other uses shall be prohibited.
D. Lot sizes and yards. Every lot shall comply with the following:
(1) Minimum requirements shall be as follows:
(a) Lot area: 30,000 square feet.
(b) Front yard depth: 50 feet.
(c) Side yard width (each): 25 feet.
(d) Rear yard depth: 25 feet.
(e) Building line width: 200 feet.
(2) Maximum building height and lot coverage shall be as follows:
(a) Building height: 35 feet.
(b) Percentage of lot coverage: 35%.
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§125-13.1. Industrial District. [Added 3-12-2008 by L.L. No. 3-2008]
A. Intent. The Industrial District established in this section is designed to provide adequate and appropriate sites within the municipality to accommodate facilities involved in: assembling, disassembling, repairing, fabricating, finishing, manufacturing, packaging, or processing operations of an industrial nature; research and development operations; and shipping and receiving operations. The general goals include, among others, the following specific purposes:
(1) To provide a planned district for all types of assembly plants, factories, manufacturing plants, mills, warehouses, truck depots and transfer stations, and processing plants.
(2) To protect and buffer abutting districts by establishing setbacks, limiting on-street loading/unloading areas and parking, and establishing landscape screening provisions.
(3) To control development so as to minimize the danger of fires, explosions, toxic and noxious matter, radiation, offensive noise, vibration, smoke, odor and other objectionable influences or hazards.
(4) To protect the character of the area and establish patterns in adjacent development, thereby maintaining land values and protecting the municipality's tax revenues.
B. Permitted Uses. No building or premises shall be used, and no building or part of a building erected which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following:
(1) Appliance, tool and die or metal fabrication;
(2) Canneries, food processing, sugar refineries;
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(3) Manufacturing, processing, or assembling of products or materials;
(4) Paper mills and products;
(5) Warehousing or storage of goods for distribution;
(6) Trucking, bus or other transportation terminals and transfer stations;
(7) Research, development and testing of products;
(8) Storage, repair and dispatch of large equipment including construction equipment, farm equipment and similar equipment;
(9) Energy production facilities;
(10) Other industrial uses similar to those enumerated above;
(11) Retail sales of products produced by or associated with the principal use of the site, including a factory outlet store for the sale of items produced on site or associated with items produced on site.
C. Accessory Uses. The following are uses that are accessory or subordinate to the principal permitted use and are permitted as such:
(1) Gasoline pumps;
(2) Parking lots;
(3) Refuse containers;
(4) Motor vehicle repair shops;
(5) Outdoor storage yards/lots;
(6) Sales of products produced or related to products produced on site;
(7) Offices associated with the principal use.
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D. Lot Requirements. Facilities or uses located in the Industrial District are subject to the following conditions:
(1) Minimum acreage. The minimum site acreage is two acres;
(2) Minimum lot width and depth. The minimum lot width and depth requirements for each site is width 200 feet, depth 200 feet;
(3) Setbacks. The minimum setback from all side and rear lot lines is 25 feet, front lot line setback is 50 feet.
E. General Requirements.
(1) Maximum building height. No part of any building shall be erected to a height greater than 35 feet, measured from natural grade at the building site.
(2) Open space. At least 35% of the site shall be devoted to usable open space.
(3) Parking. All facilities must provide for on-site parking facilities. No on-street parking will be permitted. All parking lots must feature landscaped islands and, if adjacent to the public right-of-way, landscaped and grassy areas at least 20 feet in depth measured from the edge of the right-of-way.
(4) Accessory buildings. Accessory buildings are permitted where required for the function of the principal use(s). Accessory buildings must comply with all setback screening requirements.
(5) Truck loading. Truck loading and unloading must be confined to on-site areas. All loading and unloading areas shall utilize a landscape buffer from an adjoining district.
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(6) Equipment. All equipment, electrical substations, and mechanical devices shall utilize a landscape buffer from an adjoining district.
(7) Storage. All outdoor storage of goods or materials shall utilize a landscape buffer from an adjoining district.
(8) Signage. All building and on-site signage must comply with the regulations of the Town of Brutus regulating signage.
(9) Utilities. Sites shall have access to adequate electric, natural gas, water, sewer, and telecommunications facilities.
(10) A minimum twenty-foot vegetative buffer adjacent to state or county trails shall be established by the applicant.
§ 125-13.2. Commercial District. [Added 12-12-2011 by L.L. No. 2-2011]
A. Intent. The Commercial District established in this section is designed to provide adequate and appropriate sites to accommodate certain facilities involved in retail trade and commerce or service type transactions within the municipality. The general goals include, among others, the following specific purposes to:
1. Provide a planned district where retail sales, food services, or other services that involve stocks of goods, wares or merchandise are provided for the community as a whole;
2. Protect and buffer abutting districts by establishing setbacks, limiting on street loading/unloading areas and parking, and establishing landscape screening provisions;
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§ 125-13.2 ZONING § 125-13.2
3. Guide development which will minimize the danger of fires, explosions, toxic and noxious matter, radiation, offensive noise, vibration, smoke, odor, and other objectionable influences or hazards;
4. Promote the most desirable use of the land, maintain land values, and protect municipal tax revenues.
B. Permitted Uses. No building or premises shall be used, and no building or part of a building shall be erected which is arranged, intended, or designed to be used, in whole or in part, for any purpose except for the following:
1. Antique store;
2. Appliance store;
3. Artists' studios, art store;
4. Bakery, confectionery shop, ice cream shops, and coffee shop;
5. Banks, savings, loan, and finance office;
6. Barber and beauty shop;
7. Books, magazines and newspapers store;
8. Clothing, clothing accessories and yard goods store;
9. Computer sales and service;
10. Drugstore and sundries store;
11. Dry-cleaning and laundry-collection stations and store;
12. Department store, furniture and variety store;
13. Food and beverage establishment;
14. Gift, stationery and office supply store;
15. Gasoline filling station;
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§ 125-13.2 BRUTUS CODE § 125-13.2
16. Hardware, lawn and garden supply store;
17. Jewelry, optician, luggage shop;
18. Print shop, post office and packing/shipping service;
19. Shoe and shoe repair shop;
20. Supermarket (groceries, meats and baked goods);
21. Florist shop;
22. Video rental shop;
23. Tailor and dressmaking shop;
24. Administration or professional office;
25. Real estate or insurance office;
26. Restaurant;
27. Theatre, concert or performing arts venue;
28. Broadcasting studio;
29. Motor vehicle sales agency, including service and repairs indoors, with outdoor sales, display and storage;
30. Shop for making articles sold primarily at retail on the premises;
31. Convenience store;
32. Gasoline station;
33. Nursery school and day-care center;
34. Liquor store;
35. Fraternal organization and club;
36. Open stand or market;
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§ 125-13.2 ZONING § 125-13.2
37. Car wash;
38. Motor vehicle race track;
39. Fairground;
40. Indoor and outdoor recreational and/or amusement facility;
41. Hotel and/or motel;
42. Shopping center and/or mall (comprehensive development of land to accommodate multiple commercial and/or retail uses in a single or several buildings);
43. Industrial park (comprehensive development of land to accommodate multiple buildings devoted to industrial activities);
44. Business park (comprehensive development of land to accommodate multiple business and/or office uses in a single or several buildings);
45. Other uses similar to those enumerated above.
C. Prohibited Uses. The following uses shall not be allowed in the Commercial District:
1. Manufacturing and assembly line operation, except those included within an industrial park;
2. Warehousing or storage of products for distribution except that which is incidental to the business operations, or included within an industrial park;
3. Automobile junkyards and junk dealer businesses;
4. The outdoor storage of goods or materials;
5. Open-sided covered structures or trailers.
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D. Accessory Uses. The following are uses that are accessory or subordinate to the principal permitted use and are permitted as such:
1. Parking lots;
2. Refuse containers, located to the rear of the structure and screened from view;
3. Offices associated with the principal use;
4. Structures for storage of goods or equipment associated with the principal use, located to the rear of the structure and screened from view.
E. Lot Requirements. Facilities or uses located in any manufacturing district are subject to the following conditions:
1. Minimum acreage. The minimum site acreage is one acre; except for shopping centers and/or malls, for which the minimum site acreage is five acres.
2. Minimum lot width and depth. The minimum lot width and depth requirements for each site are: width 100 feet; depth 100 feet.
3. Setbacks. The minimum setback from all side and rear lot lines is 25 feet; front lot line setback is 50 feet.
F. General Requirements.
1. Maximum building height. No part of any building shall be erected to a height greater than 35 feet measured from natural grade at the building site.
2. Open space. At least 35% of the site shall be devoted to usable open space, including the parking area;
3. Parking. All facilities must provide for on-site parking; no on-street parking will be permitted; all parking lots must feature landscaped islands.
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§ 125-13.2 ZONING § 125-14
4. Accessory buildings. Accessory buildings are permitted where required for the function of the principal use(s); accessory buildings must comply with all setback and screening requirements of this section.
5. Truck loading. Truck loading and unloading is confined to on-site areas; all loading and unloading areas shall be shielded from view from main roadways.
6. Equipment. All equipment, electrical substations, and mechanical devices shall be shielded from view from main roadways.
7. Signage. All building and on-site signage must comply with the municipal ordinances regulating signage.
8. Utilities. Sites shall have access to adequate electric, natural gas, water, sewerage system, and telecommunications facilities.
9. All business and service shall be conducted within completely enclosed buildings, except the retailing of motor vehicle, fuels and oils, and open stands or markets.
§125‑14. S‑D Special Development District.
A. All uses in the S‑D Special Development District shall require a special permit issued by the Zoning Board of Appeals after consultation with the Town of Brutus Planning Board and the Cayuga County Planning Board. All site plans shall be reviewed by representatives of Cayuga County Soil and Water Conservation District.
B. Special permit uses shall be as follows:
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(1) Private indoor and outdoor recreation facilities.
(2) Private indoor and outdoor amusement facilities.
(3) Hotels.
(4) Motels.
(5) Shopping centers and malls; excluding, however, the following:
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§ 125-14 ZONING § 125-15
(a) Car washes.
(b) Motor vehicle sales and service.
(c) Motor vehicle rentals.
(6) Residential parks.
(7) Industrial parks.
(8) Office parks.
(9) Residential District uses as set forth in § 125‑10A. [Added 4‑8‑1996 by L.L. No. 1‑1996]
(10) Agricultural Residential District uses as found in § 125‑11A, except that raising of livestock, small animals or poultry shall not be permitted. [Added 4‑8‑1996 by L.L. No. 1‑1996]
(11) One‑family and two‑family dwellings shall be permitted without a special permit but with a zoning permit and building permit as set forth in the Zoning Law. [Added 4‑8‑1996 by L.L. No. 1‑1996]
C. Uses prohibited. All other uses shall be prohibited.
D. Lot sizes and yards. The size of the lot and yards shall be determined by the Zoning Board of Appeals in issuing the special permit.
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