Town of Holland - Land Uses

Accessory uses

A use customarily incidental and subordinate to the main use or building and located on the same lot therewith.

Amusement areas

Animal hospital

Districts Where Allowed Districts where use is allowed: M Districts where use may be allowed with Special Use Permit: R-2, R-A

Vehicle Parking:
See § 120-53: Parking requirements for detailed information on parking.

Development Requirements:
A. All buildings and areas housing animals shall be set back from all lot lines at least 50 feet.
B. All provisions of Chapter 64: Dogs, herein shall apply where appropriate.

Animal kennel

Any pen, building, or other structure, but not including a building used for human habitation, in which four or more dogs are kept for the purpose of breeding, sale, training, boaarding, grooming, housing, or sporting purposes, with the exception of a pet shop.

Districts Where Allowed Districts where use is allowed: M Districts where use may be allowed with Special Use Permit: R-2, R-A

Vehicle Parking:
See § 120-53: Parking requirements for detailed information on parking.

Development Requirements:
A. All buildings and areas housing animals shall be set back from all lot lines at least 50 feet.
B. All provisions of Chapter 64: Dogs, herein shall apply where appropriate.

Animal shelters for domestic house pets

Auditorium

Automotive repair garages

See defintion for "Commercial Garage" in § 120-3: Word usage; definitions.

Banking and financial offices

Barber shop

Beauty shop

Bed-and-breakfasts

The furnishing of meals and/or living accommodations for five or more persons on a daily, weekly or longer time basis for compensation.

Boarding- or rooming houses

The furnishing of meals and/or living accommodations for five or more persons on a daily, weekly or longer time basis for compensation.

Business offices

Cabin, hunting and fishing

A cabin, camp or lean-to or other similar structure designed and used only for occasional occupancy and primarily for hunting, fishing, and similar purposes that:
(1) Is a one-story structure but may include a sleeping loft;
(2) Is built on posts or piers and does not have a permanent foundation;
(3) Is served by a sanitary pit privy or chemical toilet and does not have a conventional, on-site wastewater treatment system;
(4) Does not have pressurized or indoor plumbing (this prohibition does not preclude a kitchen sink with appropriate grey water leach pit); and
(5) Is not connected to any public utilities (such as electric, phone, cable, water or sewer systems).

Camping grounds

Land used on a seasonal basis for the accommodation of tents, trailers or other nondwelling arrangements. This term does not include mobile home courts or permanent-type structures which penetrate ground by more than 10 inches.

Districts Where Allowed Districts where use may be allowed with Special Use Permit: R-2, R-A

Development Requirements:
Campgrounds may be permitted in the R-A District, provided that the following standards are observed:
A. No portion of the property for which a special use permit is sought is within 1,000 feet of any watercourse which is part of any water supply system.

B. All provisions of the Sanitary Code or such other regulations of the State Health Department pertaining to camps shall be complied with.

C. The number of persons to be accommodated shall not exceed one person per 10,000 square feet of area within such grounds.

D. No camp structure shall be located within 300 feet of any street or property line.

E. All requirements of Chapter 83: Mobile Homes, as amended from time to time on this subject, shall be met, and other standards and conditions may be promulgated by the Town Board in its sole discretion. Such discretion includes the total denial of a special permit application as determined by the sole and absolute discretion of the Town Board. All applications shall be in accordance with and governed by the procedures set forth in Chapter 83: Mobile Homes, then in effect.

Car showrooms and sales lots, new and used

Cemeteries

Churches

Clothing and personal sundry shops

Cluster residential developments

A development of residential lots, each containing less area than the minimum lot required for the zone within which such development occurs, but maintaining the density limitation imposed by said minimum lot area through the provision of open space as a part of the subdivision plan.

Districts Where Allowed Districts where use may be allowed with Special Use Permit: R-1, R-2, R-A

Vehicle Parking:
See § 120-53: Parking requirements for detailed information on parking.

Development Requirements:
Cluster residential developments of one-family dwellings may be permitted in the R-A and R-1 Residential Districts of the Town, provided that the following conditions are observed:

A. The project shall encompass a minimum land area of 25 acres.

B. The developer shall dedicate all unsubdivided lands to permanent open space. In no case shall these lands be less than 25% of the total project area. All such lands shall be suitable, in the opinion of the Planning Board, for the intended use. Such lands shall be offered for dedication to the Town Board of the Town of Holland.

C. The developer shall have received the recommendations of the Planning Board of the design and arrangement of streets, lots, open areas and other elements of the project prior to filing the special use permit application.

D. The requirements of this chapter, insofar as density, minimum lot area, minimum lot width, minimum side and rear yard areas and maximum lot coverage are as specified in the schedule of this chapter. All other requirements of this chapter shall be adhered to.

See § 120-45: Cluster residential developments for complete, detailed information.

Commercial garages

Any building, structure or lot which is used for the repair, maintenance or equipment of motor vehicles. This definition shall apply to § 120-26: HB Highway Business District and § 120-27: M Manufacturing and Industrial District. For the purpose of lot and bulk requirements in the HB District, "commercial garages" shall be regulated under retail and service uses. For the purpose of the Schedule of Area, Lot and Bulk Requirements for the Manufacturing and Industrial District, special garages shall be in addition to those previously scheduled

Districts Where Allowed Districts where use is allowed: HB, M

Vehicle Parking:
See § 120-53: Parking requirements for detailed information on parking.

Development Requirements:
A. Commercial garages may be permitted in Highway Business and Manufacturing Districts.

B. The following standards shall apply to all commercial garages located within the Town of Holland:

(1) No major repair work shall be conducted outside of the structure.

(2) All automobile parts and similar articles shall be stored within the structure.

(3) No more than two dismantled vehicles, vehicles under repair, vehicles awaiting repair or repaired vehicles awaiting pickup shall be left in the area between the building line or front wall of a building and the front property line for more than 72 hours. In the case of a corner lot, the property shall be considered to have two front main walls and two front property lines.

(4) A maximum number of vehicles as permitted under Subsection B(3), above, shall be six unless allowed as a condition of the special permit.

(5) The site shall be maintained so that vehicles using the facility shall not obstruct or become a hazard to users of the public sidewalks or highways on which the station or garage fronts.

Conservation projects

Contractor's yards exterior storage

Convents

County parks

County, state or federal recreation areas and buildings

Customary residential storage structures

Customary residential structures

Drive-in restaurants

Drugstores and pharmacies

Dry-cleaning and laundry establishments

Electric generator wind tower

Districts Where Allowed Districts where use may be allowed with Special Use Permit: R-A

Development Requirements:
In order to provide maximum flexibility in the establishment of private electric-generating systems, said systems will be allowed by special permit use, subject to the following conditions:

A. Construction, operation and maintenance must be in strict compliance with all requirements of the Public Service Commission and with the public utility contracted with.

B. All structures must meet applicable code rules and regulations and be certified by a licensed New York State engineer with respect to its compliance.

C. All structures must be built a distance from all other structures, a distance of at least twice the height of the structure.

D. The maximum height of the structure is 100 feet.

E. The owner and operator of generating station is responsible for interference with the use of adjoining and nearby properties, particularly in regard to electrical interference.

F. The appropriate government body retains the right to establish whatever safeguards and requirements it deems appropriate and necessary.

Excavation operations

Districts Where Allowed Districts where use may be allowed with Special Use Permit: R-A

Vehicle Parking:
See § 120-53: Parking requirements for detailed information on parking.

Development Requirements:
Excavation operation, including the extraction of sand and gravel and processing or other operations for preparation of sand and gravel, may be permitted in districts of the Town, provided that the following conditions and standards are observed:

The minimum lot area for any such use shall be 10 acres; all buildings and excavation operations shall be located or shall occur not less than 100 feet from any street or property lines. The Town Board may require fencing or some similarly effective barrier six feet in height where excavations are to exceed a depth of four feet.

All buildings and structures used in such operations shall be dismantled and removed within 12 months following the termination of the operations, shall be made at the expense of the operator and shall be a condition of approval of the special use permit.

All buildings, structures and plants used for the processing of excavated materials shall be maintained so as to assure that such buildings, structures and plants shall not become dangerously dilapidated.

All equipment used for the excavation of sand and gravel and the processing thereof shall be constructed, maintained and operated in such a manner as to eliminate, as far as is practicable, noises and vibrations and dust conditions which are injurious or substantially annoying to all persons living in the vicinity; all operations shall be conducted between the hours of 7:00 a.m. and 6:00 p.m., Monday through Saturday. There will be no operations on Sundays, except in the case that public or private emergency repairs to equipment are required to be made.

All excavations must either be made to a water-producing depth or graded and backfilled.

Excavations made to a water-producing depth shall be properly sloped to the waterline, with banks sodded or surfaced with soil of an equal quality to adjacent land area topsoil; such topsoil required under this section shall be planted with trees, shrubs, legumes or grasses upon the parts of such areas where revegetation is possible.

See § 120-43: Excavation operations for complete, detailed information.

Fabrication of metal products

Fabrication of paper products

Fabrication of wood products

Farm animal operations and housing of farms

Districts Where Allowed Districts where use may be allowed with Special Use Permit: R-A

Vehicle Parking:
See § 120-53: Parking requirements for detailed information on parking.

Development Requirements:
Less than 10 acres and not less than three acres on one separate parcel of owned or rented land, together with all customary buildings and other structures necessary for the production and storage of the products of such pursuits, provided that no buildings, pens and runways for the confinement of livestock or poultry shall be within 50 feet of any lot line, and no manure or other dust-producing substances shall be stored within 100 feet of any lot line.

Farm buildings, customary

FARM BUILDING OR USE
Any use of land or buildings customarily a part of farm or agricultural pursuits, including the housing of farm animals, except fur-bearing animals, the repair of equipment used on the premises and the sale of farm products where such is clearly incidental to the overall use of the premises as a farm.

Farming

Farms and related farming activities

A parcel or parcels of 10 or more acres in a permitted district devoted to farming as a primary use which may consist of one or more parcels which may or may not be contiguous to each other.

Farms of 10 acres or more

A parcel or parcels of 10 or more acres in a permitted district devoted to farming as a primary use which may consist of one or more parcels which may or may not be contiguous to each other.

Farms of less than 10 acres but five or more acres

Farms; fowl and poultry

Districts Where Allowed Districts where use may be allowed with Special Use Permit: R-A

Vehicle Parking:
See § 120-53: Parking requirements for detailed information on parking.

Development Requirements:
For purposes of this section, "animals" are defined as fowl and hoofed animals such as cows, horses, pigs, sheep, goats and similar species as determined by the Town Board.

Farms 10 acres or more. Within 100 feet of any property line in any A, R or B District, no storage of manure or other odor- or dust-producing substance or use shall be hereafter established and no building or pen shall be hereafter erected or changed in use to house or contain horses or other farm animals, more than 30 chickens or other fowl. Within 100 feet of any residence on adjacent property, no fur farm, hog pen or commercial livestock feed lot shall be hereafter established or extended.

See § 120-49.2C(1) and § 120-49.2C(2) for details on special use permits for keeping chickens in the R-1 and R-2 Districts, respectively.
See § 120-49.2D for information on special use permits for horses and hoofed animals.

Federal parks

Fireplaces

Food and associated industries

Districts Where Allowed Districts where use is allowed: M

Vehicle Parking:
One parking space for each 400 square feet of floor area, exclusive of storage space, but need not exceed one parking space for each person employed.
See § 120-53: Parking requirements for more detailed parking information.

Development Requirements:
Such as bakeries, bottling of food and beverages, food and cereal mixing and milling, food processing, food sundry manufacturing, ice cream manufacturing and manufacturing of spirituous liquor, etc.

Forests, county, state or federal

Funeral homes

Garage and yard sales

Districts Where Allowed Districts where use is allowed: R-1, R-2, R-A

Vehicle Parking:
See § 120-53: Parking requirements for detailed information on parking.

Development Requirements:
(1) "Garage and yard sale" is defined as the sale or offering for sale of new, used or secondhand items of personal property at any one residential premises at any one time. It includes all sales in residential areas entitled "garage sale," "yard sale," "tag sale," "porch sale," "lawn sale," "attic sale," "basement sale," "rummage sale," "flea market sale" or any similar casual sale of tangible personal property.

(2) It includes all residential dwellings located within any type of zoning district.

(3) It shall be unlawful for any person to conduct or participate in more than three garage sales in any one calendar year with a minimum of 30 days between any such sales. Such sales shall be limited in time to no more than daylight hours of three consecutive days.

(4) Any person, firm or corporation who or which shall violate any part of this subsection shall, upon conviction therefor, be subject to a fine not to exceed $250. Every day that a violation of this subsection continues shall constitute a separate offense.

Garage for commercial vehicles

Garages and storage buildings, private

Garages; accessory buildings; toolsheds

Districts Where Allowed Districts where use is allowed as an accessory use: R-1, R-2, R-A

Vehicle Parking:
See § 120-53: Parking requirements for detailed information on parking.

Development Requirements:
(1) In any residential district, no private garage or other accessory building shall be erected before the main building has been started, and under no condition shall a garage or other accessory building be used for living quarters unless attached to a dwelling.

(2) In any residential district with a minimum of five acres, one toolshed not to exceed 500 square feet may be erected prior to the main building, with approval by the Town Building Safety Inspector/Zoning Enforcement Officer.

(3) In any residential district with less than five acres, one toolshed is allowed not to exceed 150 square feet.

(4) Any and all tools and other items must be stored inside the toolshed when the owners are not present at the property.

Gardening, floriculture and horticulture

Gasoline service stations

A building, structure or tract of land used for the storage and sale of gasoline, motor fuels, lubricants, accessories, supplies and any other materials related to the maintenance or equipment of automobiles or in which repairs, adjustments, maintenance or the equipping of automobiles is conducted. The term shall include, without limitation, the rendering of the following services: fueling; changing oil, water, batteries or tires; replacing fan belts, air filters or oil filters; and installing windshield wiper blades or light bulbs. The term shall not include any such establishment which renders such services or stores such materials for a single commercial or industrial establishment rather than offering such services and materials to the public.

Districts Where Allowed Districts where use is allowed: HB Districts where use may be allowed with Special Use Permit: GB

Vehicle Parking:
At least one parking space for each gasoline pump, grease rack or similar service area, and one additional parking space for each 500 square feet of gross floor area of the shop or garage, with a minimum of five parking spaces.
See § 120-53: Parking requirements for more detailed parking information.

Development Requirements:
Gasoline service stations may be permitted in the G-B, H-B and M Districts of the Town, provided that the following standards are observed:

A. In addition to the information required in the special permit application and enumerated in Article VI: Special Permit Uses of this chapter, the site plan submitted shall also show the number and location of the fuel tanks to be installed, the dimensions and the capacity of each storage tank, the depth the tanks will be placed below the ground, the number and the location of pumps to be installed and the type of structure and accessory buildings to be constructed.

B. The area and yard specifications for motor vehicle service stations are identified in the schedule of this chapter.
C. The entire area of the site traveled by motor vehicles shall be paved.

D. Any repair of motor vehicles shall be performed in a fully enclosed building. No more than two motor vehicles shall be offered for sale on the site. No motor vehicle parts or partially dismantled motor vehicles shall be stored outside of an enclosed building. No more than two unlicensed vehicles shall be permitted on the premises.

E. Accessory goods for sale may be displayed on the pump island and the building island only. The outdoor display of oil cans and/or antifreeze and similar products may be displayed on the respective island if provided for in a suitable stand or rack.

F. No motor vehicle service station or public garage shall be located within 500 feet of any public entrance to a church, school, library, hospital, charitable institution or place of public assembly. Such distance shall be measured in a straight line from said public entrance to the lot line nearest said entrance along the street line.

G. Where a motor vehicle service station abuts a residential zone, it shall be screened by a buffer area of not less than 100 feet in depth, composed of densely planted evergreen shrubbery, solid fencing or a combination of both, which, in the opinion of the Town Board, shall be adequate to prevent the transmission of headlight glare across the zoned boundary line. Such buffer screen shall have a minimum height of six feet above finished grade at the highest point of the station. The materials used shall be in keeping with the character of the adjacent residential area. If said shrubbery becomes decayed and fails to provide an adequate screen, the Zoning Officer may direct the property owner to replace said shrubs.

H. All fuel pumps shall be located at least 20 feet from any street or property line.

I. In addition to the sign requirements for business uses, each motor vehicle service station shall be permitted to have one freestanding or pylon sign setting forth the name of the station and for the principal products sold on the premises including special company or brand name, insignia or emblem, provided that such sign shall not exceed 20 square feet in area on either of two sides and shall be hung within the property line and no less than 10 feet nor more than 25 feet above the ground. (See § 120-64: Signs).

J. Service stations may also exhibit one temporary sign located no less than 10 feet inside the property line and specifically setting forth special seasonal servicing of automobiles, provided that such sign does not exceed seven square feet in area. (See § 120-64: Signs).

General or department stores

Government buildings

Greenhouses

Hardware store

Home occupations

Any occupation carried on as a subordinate use by a member of the family residing on the premises of a residential lot which does not substantially alter the character and appearance of the property.

Districts Where Allowed Districts where use may be allowed with Special Use Permit: R-2, R-A

Vehicle Parking:
At least one parking space in addition to the requirement for the dwelling unit.
Plus one additional parking space for every full-time employee, except that, in the case of doctors and dentists, three parking spaces in addition to the requirement for the dwelling unit.
Plus one parking space for every full-time employee shall be required.
See § 120-53: Parking requirements for more detailed parking information.

Hospitals

Hotel or lodging house

A building containing sleeping rooms for five or more persons, which rooms are available to the public for less than a week at a time for compensation, with no cooking or dining facilities except a general kitchen and public dining room.

Lampposts

Light industrial uses

Districts Where Allowed Districts where use is allowed: M

Vehicle Parking:
One parking space for each 400 square feet of floor area, exclusive of storage space, but need not exceed one parking space for each person employed.
See § 120-53: Parking requirements for more detailed parking information.

Development Requirements:
Light industrial uses. Any use of a light industrial nature is permitted which involves only the processing, assembly or packaging of previously prepared or refined materials, provided that at no time will such use result in or cause:

[1] Dissemination of dust, effluents, smoke, smog, radiation, observable gas, waste products, fumes or odors or other atmospheric pollution, objectionable noise, glare or vibration or other objectionable environmental conditions beyond the boundaries of the lot.

[2] Hazard of fire or explosion or other physical hazard to any adjacent building or to any plant growth on any land adjacent to the site of the use.

Lumberyard

Manufacturing and processing of pharmaceutical and cosmetic products

Manufacturing of machinery

Meeting halls

Membership club

Mixed dwelling and nondwelling uses

Districts Where Allowed Districts where use is allowed: GB

Vehicle Parking:
See § 120-53: Parking requirements for detailed information on parking.

Development Requirements:
Provided that in every case where a dwelling unit or dwelling units are located in the same building with a nondwelling use, said dwelling unit or units shall have two means of egress from such buildings for all such units not located on the ground floor, have available for use to each unit or units one off-street parking space and have, on the lot and accessible to each dwelling unit or units, 200 square feet of usable open space for each such dwelling unit.

Mobile home courts

Mobile homes

Any vehicle or combination thereof used, designed for use or capable of being used for sleeping or living quarters for one or more persons, designed to be moved from one location to another by means of wheels affixed to an axle or carriage affixed to the vehicle, whether propelled by its own power or by the power of another vehicle to which it may be attached, and whether the axle or carriage to which the wheels may be affixed is detachable or detached, and irrespective of the name or title assigned or designated by the manufacturer of the unit or any other persons

Districts Where Allowed Districts where use may be allowed with Special Use Permit: R-1, R-A

Vehicle Parking:
See § 120-53: Parking requirements for detailed information on parking.

Development Requirements:
Individual mobile homes.
Individual mobile homes on individual lots outside a mobile home court[1] may be permitted in a R-A or R-1 District, provided that such lots are in conformity with the applicable lot, yard and similar regulations for single-family residences within the zone in which the mobile home is located and provided that the following regulations are met:

A. A permit shall be applied for to the Town Board. Such permit shall include the exact location, together with the name and address of the owner or owners of the land at such location as appearing on the deed to such landowners, together with the book and page where such deed is recorded, and such other information as may be required by the Town Board. A permit may be issued only if the applicant evidences an intent to construct a one-family dwelling on the subject premises and has received a building permit from the Building Safety Inspector/Zoning Enforcement Officer. Said permit shall not be granted for more than one year.

B. In the event that the construction of a residence has been substantially completed except for the issuance of a certificate of occupancy, the Town Board may, upon good cause shown, extend the permit on a month-to-month basis, subject to termination upon the issuance of a certificate of occupancy for the constructed dwelling.

C. The Town Board may, upon notice and proper hearing, revoke or suspend any permit issued pursuant to the terms of this section for a violation of any provisions hereof. Upon the revocation of any such permit, the mobile home covered thereby shall forthwith be removed from the subject premises.

D. Compliance with specifications for temporary mobile homes used as stated in § 83-9: Water supply system, § 83-10: Sewage disposal systems and § 120-29D.

See Chapter 83: Mobile Homes for more detailed information.

Motel

A building or group of buildings used primarily as sleeping or living quarters for transient automobile travelers and providing for accessory off-street parking but with no cooking facilities except in a restaurant or caretaker's unit. The term includes auto courts, cabin courts, motor lodges, tourist courts and similar appellations, but not trailer camps.

Multifamily dwellings

A building or a group of buildings on one lot containing three or more dwelling units or two or more buildings with one or more dwellings on one lot.

Districts Where Allowed Districts where use may be allowed with Special Use Permit: GB, R-1, R-2, R-A

Vehicle Parking:
At least two spaces for each dwelling unit.
See § 120-53: Parking requirements for more detailed parking information.

Development Requirements:
Special provisions.
Where multifamily uses are permitted, they shall be subject to the following additional requirements:

A. Site plan submission. See § 120-29A for details.

B. Usable open space. There shall be 250 square feet of usable open space for each dwelling unit.

C. Dwelling unit floor area. There shall be no less than 600 square feet of interior floor space, excluding common halls and nondwelling space, for each dwelling unit.

D. Conformance to other regulations. The proposed buildings shall conform to all other Town, County and state requirements with respect to dwelling safety, sanitation, equipment, construction and design.

E. Traffic safety. The proposed arrangements of vehicular access and egress shall be approved by the Town Board as being free from any unusual hazard to pedestrians or vehicles in the public street.

F. Parking area for new construction. In the case of multifamily dwellings in new buildings, there shall be two off-street parking spaces provided for each dwelling unit.

G. Parking area in required yards. Required off-street parking area for multifamily use may be located in a required side or rear yard, provided that any side yard so used shall contain a ten-foot-wide landscaped buffer strip between the lot line and the parking area.

Municipal parks

Nursery schools

Use of a building or lot, or part of a building or lot, for nursery or other care of more than five children under six years of age not residing on the premises and conducted on a regularly scheduled basis.

Districts Where Allowed Districts where use is allowed: R-2, R-A

Vehicle Parking:
At least one parking space for each two employees, including teachers and administrators.
Sufficient off-street parking space for the safe and convenient loading and unloading of students.
Additional facilities for student parking, taking into consideration the total number of students driving automobiles.
The requirements for stadium, gymnasium and auditorium use shall be in addition to these requirements.
See § 120-53: Parking requirements for more detailed parking information.

Development Requirements:
No school activities shall be conducted in a basement or above any floor having direct egress to ground level; there shall be 100 square feet of usable exterior play area for each child enrolled; no exterior play area shall be located less than 15 feet from an adjoining lot use for dwelling purposes; all exterior play area shall be fenced.

Nursing homes

Use of a building for nursing care of two or more persons not related to the operators by family ties and done for compensation.

Districts Where Allowed Districts where use is allowed: R-2, R-A

Vehicle Parking:
At least one parking space for each two employees, plus such additional facilities for residents and visitors as shall be deemed necessary by the Planning Board.
See § 120-53: Parking requirements for more detailed parking information.

Development Requirements:
All required yards adjoining any land in a residence district shall be permanently landscaped and maintained in vegetation; no flashing sign or sign with exposed tubes shall be permitted.

Office buildings for executive, engineering and administrative purposes

Off-street loading area

OFF-STREET LOADING SPACE
An unobstructed area having access to a street suitable for the loading or unloading of motor transport vehicles with minimum dimensions of 12 feet in height, 10 feet in width and 50 feet in depth.

Off-street parking

OFF-STREET PARKING SPACE
An unobstructed area having access to a street suitable for the parking of passenger motor vehicles and with minimum dimensions of 10 feet in width and 20 feet in depth

Oil and natural gas wells

Districts Where Allowed Districts where use may be allowed with Special Use Permit: R-A

Vehicle Parking:
See § 120-53: Parking requirements for detailed information on parking.

Development Requirements:
Statutory authority; determination of well water quality; Holland Aquifer.

(1) In accordance with New York Town Law Article 16, § 261, the Town of Holland does hereby exercise its authority for the purpose of promoting the health, safety and general welfare of the Town, being empowered by local law to regulate and restrict the location and use of land. The exercise of such authorization includes the approval of special use permits in accordance with Town Law § 274-b. The objective of the special use permit is to assure that the proposed use is in harmony with such zoning local law and will not adversely affect the neighborhood if such requirements are met. Town Law § 274-b, Subdivision 8, requires compliance with the provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations. Notwithstanding superseding laws such as the Federal Natural Gas Act and the New York Environmental Conservation Law regulating the oil and gas industry, the land use authority granted to the Town may be exercised notwithstanding any incidental effect upon preempting laws, rules and regulations.

See § 120-49.1: Oil and natural gas wells for detailed information on consent and permitting.

One-family dwellings

A building containing one dwelling unit.

Outdoor quasi-public and commercial recreation area

Outdoor theaters

Outdoor wood stoves

Parish houses

Parking area, commercial off-street

OFF-STREET PARKING SPACE
An unobstructed area having access to a street suitable for the parking of passenger motor vehicles and with minimum dimensions of 10 feet in width and 20 feet in depth.

Personal service establishments

An office, store or other place of business catering to the personal needs of a customer, such as normally conducted by a barber, beautician, tailor or dressmaker.

Districts Where Allowed Districts where use is allowed: GB, HB

Vehicle Parking:
At least one parking space for each 150 square feet of gross first floor area, plus one additional parking space for each 200 square feet of additional gross floor area.
See § 120-53: Parking requirements for more detailed parking information.

Development Requirements:
See § 120-25B(1)(b) for a list of these establishments permitted in the GB General Business District.
See § 120-26B(1)(b) for a list of these establishments permitted in the HB Highway Business District.

Places of worship

Planned businesses

Districts Where Allowed Districts where use may be allowed with Special Use Permit: GB, HB

Vehicle Parking:
See § 120-53: Parking requirements for detailed information on parking.

Development Requirements:
Planned business area.
In order to provide maximum flexibility in the business sales and services, planned business areas will be allowed by special use permit in the General Business and Highway Business Districts, subject to be following conditions:

Only uses similar to those permitted in the GB or HB District shall be permitted in a planned business area, as appropriate.

Accessory uses and off-street parking requirements shall be identical to the applicable district requirements, except that there may be one directory sign identifying the names or the occupants of the units at any location therein. Said directory sign shall not exceed 50 square feet in area on either of two sides.

See § 120-48: Planned business area for complete, detailed information.

Planned unit developments

Districts Where Allowed Districts where use may be allowed with Special Use Permit: R-2, R-A

Vehicle Parking:
See § 120-53: Parking requirements for detailed information on parking.

Development Requirements:
Planned unit developments consisting of cluster residential developments and business uses as defined below may be permitted in the R-A Rural Residential and Agriculture District of the Town, provided that the following conditions are observed:

Only convenience businesses, such as a grocery store or self-service laundry, will be permitted. In no case will there be more than one business for every 100 homes in a planned unit development.

Business will be housed in buildings structurally and architecturally similar to the residences in the immediate vicinity.

The cluster residential development portion of the planned unit development shall contain a minimum of 100 homes.

The requirements of this section, insofar as density, minimum lot area, minimum lot with, minimum side and rear yard areas and maximum lot coverage, are as specified in the schedule of this chapter. All other requirements of this chapter shall be adhered to.

See § 120-46: Planned unit development for complete, detailed information.

Plant nurseries

Playgrounds

Private garages

An accessory building or portion or a main building used for the storage of automotive vehicles used by the occupants of the premises.

Private schools

Districts Where Allowed Districts where use is allowed: R-1, R-A

Vehicle Parking:
At least one parking space for each two employees, including teachers and administrators.
Sufficient off-street parking space for the safe and convenient loading and unloading of students.
Additional facilities for student parking, taking into consideration the total number of students driving automobiles.
The requirements for stadium, gymnasium and auditorium use shall be in addition to these requirements.
See § 120-53: Parking requirements for more detailed parking information.

Private swimming pools

Private wildlife reservations

Professional offices

When operated as a permitted accessory use in a residence district, a room or rooms on the same lot as the residence of a professional doctor, dentist, engineer, architect or other recognized professional, used as a place of business for such profession in a manner clearly accessory to the dwelling use of the lot.

Districts Where Allowed Districts where use is allowed: GB, HB Districts where use is allowed as an accessory use: R-1, R-2 Districts where use may be allowed with Special Use Permit: R-A

Vehicle Parking:
At least one parking space for each 200 square feet of gross floor area.
See § 120-53: Parking requirements for more detailed parking information.

Development Requirements:
R-1 District:
Provided that they are carried on in conjunction with a residential use on the property.

Public library

Public schools

Districts Where Allowed Districts where use is allowed: R-1, R-A

Vehicle Parking:
At least one parking space for each two employees, including teachers and administrators.
Sufficient off-street parking space for the safe and convenient loading and unloading of students.
Additional facilities for student parking, taking into consideration the total number of students driving automobiles.
The requirements for stadium, gymnasium and auditorium use shall be in addition to these requirements.
See § 120-53: Parking requirements for more detailed parking information.

Public utility uses

Districts Where Allowed Districts where use is allowed: HB, M Districts where use may be allowed with Special Use Permit: GB, R-1, R-2, R-A

Vehicle Parking:
See § 120-53: Parking requirements for detailed information on parking.

Development Requirements:
Public utility uses, such as dial equipment centers and substations, but no service or storage yards, may be permitted in a zone district with a special use permit. No special use permit shall be issued unless the Town Board shall determine that:

A. The proposed installation in a specific location is necessary and convenient for the efficiency of the public utility system or the satisfactory and convenient provision of service by the utility to the neighborhood or area in which the particular use is to be located.

B. The design of any building in connection with such facility conforms to the general character of the area and will not adversely affect the safe and comfortable enjoyment of property rights of the zone in which it is located.

C. Adequate and attractive fences and other safety devices will be provided.

D. A buffer strip 10 feet in width shall be provided around the perimeter of the property.

Recreation areas and buildings

Recreation areas, outdoor, commercial

Districts Where Allowed Districts where use is allowed: HB Districts where use may be allowed with Special Use Permit: R-2

Vehicle Parking:
See § 120-53: Parking requirements for detailed information on parking.

Development Requirements:
There shall be no flashing signs; there shall be no commercial floodlighting facing any land in a residence district closer than 200 feet; loudspeaker appurtenances and lighting shall be restricted to reasonable hours as determined in each case by the Town Board.

Recreational uses and theaters, indoor, commercial

Rectories

Repair shops and service goods

Restaurants or other establishments serving food and/or beverages

Restricted business uses

Districts Where Allowed Districts where use may be allowed with Special Use Permit: GB, HB, M, R-A

Vehicle Parking:
See § 120-53: Parking requirements for detailed information on parking.

Development Requirements:
In order to provide the Town of Holland with the maximum flexibility in the attraction of potential business and industrial investors, business and industrial uses may be permitted with a special use permit in R-A, GB, HB and M Districts of the Town, provided that the standards and requirements detailed below are complied with:

The types of uses permitted shall be similar but not limited to those specified in § 120-25: GB General Business District, § 120-26: HB Highway Business District and § 120-27: M Manufacturing and Industrial District of this chapter.

Other standards and requirements shall conform to the standards specified in § 120-76: Application procedure of this chapter.

See § 120-47: Restricted business and industrial uses for complete, detailed information.

Restricted industrial uses

Districts Where Allowed Districts where use may be allowed with Special Use Permit: GB, HB, M, R-A

Vehicle Parking:
One parking space for each 400 square feet of floor area, exclusive of storage space, but need not exceed one parking space for each person employed.
See § 120-53: Parking requirements for more detailed parking information.

Development Requirements:
In order to provide the Town of Holland with the maximum flexibility in the attraction of potential business and industrial investors, business and industrial uses may be permitted with a special use permit in R-A, GB, HB and M Districts of the Town, provided that the standards and requirements detailed below are complied with:

The types of uses permitted shall be similar but not limited to those specified in § 120-25: GB General Business District, § 120-26: HB Highway Business District and § 120-27: M Manufacturing and Industrial District of this chapter.

Other standards and requirements shall conform to the standards specified in § 120-76: Application procedure of this chapter.

See § 120-47: Restricted business and industrial uses for complete, detailed information.

Retail and general business establishments

Districts Where Allowed Districts where use is allowed: GB, HB

Vehicle Parking:
At least one space for each 150 square feet of gross first floor area, plus one additional space for each 200 square feet of additional gross floor area.
See § 120-53: Parking requirements for more detailed parking information.

Development Requirements:
See § 120-25B(1)(a) for a list of business establishments permitted in the GB General Business District.
See § 120-26B(1)(a) for a list of business establishments permitted in the HB Highway Business District.

Retail sales areas (accessory)

Scientific or research laboratories

Self-service laundry

Shoe repair shops

Shopping plaza

Small appliance, radio and television stores

State parks

Stores selling groceries, meats, baked goods and other such items

Stores, stationery and variety

Tailor shop

Theaters

Trellises

Truck gardens

Two-family dwellings

A building containing two dwelling units or two buildings containing one dwelling unit, only one of which may be a principal dwelling and the second an accessory dwelling

Districts Where Allowed Districts where use is allowed: R-1, R-2 Districts where use may be allowed with Special Use Permit: R-A

Vehicle Parking:
See § 120-53: Parking requirements for detailed information on parking.

Development Requirements:
R-A District:
Provided that the average floor area of each unit shall not be less than 720 square feet, exclusive of garage and basement area if the building is constructed on one level. Two-family dwellings constructed on two levels shall consist of a ground floor with a minimum of 960 square feet, exclusive of garage and basement area.

R-1 and R-2 Districts:
Provided that the average floor area of the unit shall not be less than 720 square feet per unit, exclusive of garage and basement space.

Veterinarian offices

A. All buildings and areas housing animals shall be set back from all lot lines at least 50 feet.
B. All provisions of Chapter 64: Dogs, herein shall apply where appropriate.

Districts Where Allowed Districts where use is allowed: M Districts where use may be allowed with Special Use Permit: R-2, R-A

Vehicle Parking:
See § 120-53: Parking requirements for detailed information on parking.

Development Requirements:
A. All buildings and areas housing animals shall be set back from all lot lines at least 50 feet.
B. All provisions of Chapter 64: Dogs, herein shall apply where appropriate.

Warehousing or storage of goods and products

Districts Where Allowed Districts where use is allowed: M

Vehicle Parking:
One parking space for each 400 square feet of floor area, exclusive of storage space, but need not exceed one parking space for each person employed.
See § 120-53: Parking requirements for more detailed parking information.

Development Requirements:
Such as building materials, farm supplies and the like, which may be sold from the premises to the general public. The bulk storage of fuel for resale is specifically excluded from the intent of § 120-27B.

Wholesale business

Wineries/breweries/distilleries

Town of Holland, NY

MapLink™ | Land Uses