Town of LeRay, NY Article IV MU Mixed-Use District

§ 158-19 Purpose and intent.

The Town of LeRay's 2009 Comprehensive Plan recognizes the community's desire to maintain its rural character, yet provides recommendations to enhance walkability and support vibrant economic and neighborhood environments. The purpose and intent of the Mixed-Use District is to encourage a variety of residential, small-scale commercial and public uses that are viable and economically relevant into the future, and also to preserve the unique character of the Town of LeRay's hamlet and village areas. The design standards provided for this district as described in § 158-22 promote the appropriate scale, form, massing, proportion and composition of architecture to complement the historic character found within the community. Walkability and the pedestrian experience are critical to the success of the Mixed-Use District, and the provision of infrastructure to support these characteristics is required to create a service and employment destination distinct from its suburban and rural counterparts. The use of traditional architectural forms, shared parking and the equal accommodation of all users will help offset the transportation system's dominance and provide a pleasant, unique and inviting atmosphere.

§ 158-20 Permitted uses.

The following uses are permitted within the Mixed-Use District:

A. Uses permitted administratively:

[Amended 8-11-2016 by L.L. No. 4-2016]

	Agriculture, general
	Agricultural tourism operations
	Dwelling, single-family
	Equipment sales, repair and rentals, small-scale
	Greenhouse, personal
	Home occupation, minor
	Modular home
	Parks and open space
	Roadside stand
	Solar energy system: on building only

B. Uses requiring site plan approval:

[Amended 8-9-2018 by L.L. No. 5-2018]

	Accessory dwelling unit, detached private home
	Accessory structure (except sheds for single-family uses)
	Animal hospital or veterinary clinic
	Assembly use
	Bed-and-breakfast inn
	Building, mixed-use
	Building, office
	Car wash
	Construction storage yard
	Cultural use facility or museum
	Day-care facility
	Dwelling, townhouse
	Essential services
	Family/caregiver apartment
	Farmers' market
	Funeral home
	Garden center or commercial greenhouse
	Greenhouse, wholesale
	Health-care facility, outpatient
	Industry, custom
	Industry, limited
	Inn
	Laundry, self-serve/dry-cleaning outlet
	Membership club
	Mixed-use development
	Mobile food processing facility
	Mobile food service establishment
	Motel/hotel
	Motor vehicle parking facility
	Movie theater
	Nursery school
	Outdoor storage facility
	Place of worship
	Public and semipublic facility
	Recreational facility, commercial
	Recreational vehicle sales, repair or rentals, nonhighway
	Residential-care facility, general
	Residential-care facility, limited
	Restaurant or diner
	Retail, convenience
	Retail, small
	School, private or public
	Swimming pool, public
	Wholesale sales and distribution, small-scale

C. Uses requiring a special use permit and site plan approval:

[Amended 8-11-2016 by L.L. No. 4-2016]

	Accessory dwelling unit, attached to commercial building
	Apartment building
	Apartment complex
	Automotive repair, limited
	Automotive sales and/or rentals, limited
	Automotive service, limited
	Bar, tavern or pub
	Drive-through facility
	Dry-cleaning facility
	Dwelling, multiple-family
	Dwelling, two-family
	Forestry
	Freight terminal
	Home occupation, major
	Hospital
	Motor vehicle and equipment sales, repair and rentals, heavy
	Motor vehicle truck rental establishment
	Motor vehicle truck stop
	Movie theater, drive-in
	Nightclub
	Pasture
	Research and development
	Restaurant, fast-food
	Retail, shopping center
	Storage facility, self-storage
	Telecommunications facility: co-location only

§ 158-21 Dimensional requirements.

The following dimensional requirements apply to all lots within the Mixed-Use District:

A. Setback distances.

(1) Front yard building setback:

(a) Minimum: 20 feet.

(b) Minimum for lots with frontage on US Route 11 and NY 342: 40 feet.

(2) Maximum front yard setback: 100 feet unless specified otherwise (Examples: junkyard, self-storage, storage facility).

(3) Rear yard building setback:

(a) Minimum: 20 feet.

(b) Minimum for lots abutting a residential district or use: 40 feet.

(4) Side yard building setback:

(a) Minimum: 10 feet.

(b) Minimum for lots abutting a residential district or use: 20 feet.

(5) Parking lot and drive setback: 10 feet, minimum, in front, rear and side yards.

B. Minimum lot area and frontage requirements.

(1) Residential uses: 20,000 square feet; 15,000 square feet with municipal water and sewer.

(2) Commercial uses: 32,000 square feet.

(3) Minimum lot frontage.

(a) Residential uses: 100 feet.

(b) Commercial uses: 200 feet.

C. Minimum gross floor area (GFA) requirements.

(1) Single-family dwellings:

(a) Single-story structures: 900 square feet.

(b) Multistory structures: 1,350 square feet.

(2) Two-family dwellings: 1,800 square feet.

(3) Multifamily or apartment units: 900 square feet.

D. Maximum building height: 35 feet.

E. Maximum impervious surface coverage: 60% of total lot area.

F. Maximum development density:

(1) The ratio of the aggregate gross floor area for all structures divided by the total lot area shall not exceed 0.35.

(2) The maximum dwelling unit density for apartment, townhouse and multiple-family uses shall not exceed five units per acre.

(3) The maximum dwelling unit density for single- and two-family uses shall not exceed three units per acre.

§ 158-22 Design standards for new development.

The following design standards shall be utilized for new development applications within the Mixed-Use District, in addition to those standards contained within Articles IX through XV of this chapter; Chapter 158 Attachment 2, Town of LeRay Commercial Corridors Design Guidelines; and Chapter 135, Subdivision of Land. The following standards shall supersede where conflicts exist between Chapter 158 Attachment 2 and this article:

A. Site and building design.

(1) An area 15 feet in width from the right-of-way line into the lot shall be reserved along US Route 11 for the future provision of sidewalks.

(2) The maximum gross floor area (GFA) for each story of a single building shall be 40,000 square feet.

B. Building materials.

(1) Standard masonry block walls shall be prohibited on any primary facade.

(2) Decorative masonry materials such as split-face and textured-finish blocks are permitted as a primary finished building material.

(3) The following materials or systems shall not be utilized on finished building or signage exteriors:

(a) Unfinished dimensional or sheet lumber;

(b) Treated lumber (permitted only on outdoor structures for residential uses and signage);

(c) Glass block;

(d) Untextured or uncoated masonry block; or

(e) Spandrel glass or glass curtain walls.

C. Buffer and landscaping requirements.

(1) Where a site plan within the Mixed-Use District proposes a nonresidential use adjacent to residential uses or districts, the Planning Board shall require an appropriately designed and engineered buffer area 20 feet in depth.

(2) An opaque screen six feet in height shall buffer the Mixed-Use District from residential districts and shall be a fully functioning screen at the time of installation.

(3) The use of approved fencing no more than six feet in height shall be permitted, in addition to vegetation, but shall not be permitted as a sole means of screening the Mixed-Use District from residential districts.

(4) A minimum of one planting unit shall be required for each:

(a) Forty linear feet or fraction thereof of lot frontage along a road; and

(b) One thousand square feet or fraction thereof of gross floor area.

D. Lighting systems. Fixture heights shall be between 12 feet and 20 feet in height, with shorter poles along sidewalks and pedestrian zones and taller poles within parking areas.

E. Parking and parking lots.

(1) The following off-street parking space requirements shall apply within the Mixed-Use District:

(a) Dwellings: a minimum of two spaces per unit, excluding garage spaces.

(b) Hotel, motel, bed-and-breakfast: a minimum of one space per guest room, plus one space per three seats for conference and event space at maximum occupancy.

(c) Drive-through facility and car wash: a minimum of four stacking spaces per stall.

(d) Commercial office uses: a maximum of one space per 200 gross square feet.

(e) Commercial retail uses: a maximum of one space per 250 gross square feet.

(f) Restaurant uses: a maximum of one space per two dining room seats, plus one space per employee.

(g) Places of worship and assembly: a maximum of one space per each 3.5 seats at maximum lawful occupancy as determined by the Zoning Enforcement Officer.

(h) Day-care facility: a minimum of one space per staff member, plus one off-street loading space per five students.

(i) All other uses: a maximum of one space per 330 gross square feet, plus one space per employee.

(2) No more than 30% of required off-street parking spaces shall be located between the front building facade(s) and the primary abutting street(s). This standard shall also be upheld for corner lots.

[Amended 8-11-2016 by L.L. No. 4-2016]

(3) In no instance shall the number of parking spaces be less than 70% of the required maximum as stated above.

(4) Parking lots shall be divided into rooms of no more than 80 parking spaces through the use of vegetative medians between six feet and 10 feet in width.

(5) Landscape islands shall be installed such that no single row of parking stalls exceeds 10 spaces without an island to provide a visual break. Double rows of parking stalls shall not exceed 20 spaces without a landscape island.

(6) The Planning Board may provide a waiver for § 158-22E(1) in the event of an approved shared parking arrangement pursuant to § 158-89.

F. Shared parking and access.

(1) The provision for shared access and parking among adjacent properties shall be required to internalize traffic circulation and reduce turning movements onto roadways. See also § 158-89.

(2) In order to meet the maximum parking space requirements of § 158-22E(1), applicants are encouraged to investigate common or shared parking opportunities between adjacent principal businesses with differing peak hours.

(3) An applicant proposing to use a shared parking arrangement to satisfy off-street parking requirements shall submit a shared parking analysis demonstrating its feasibility. The analysis shall address, at a minimum:

(a) The size and type of the proposed development;

(b) The anticipated use(s) of the property;

(c) The anticipated rate of parking turnover; and

(d) The anticipated peak parking and traffic load for all uses that will be sharing off-street parking spaces.

(4) The applicant shall furnish sufficient evidence of a viable and legally binding shared parking agreement on behalf of all involved facilities to the Planning Board prior to approval of a shared parking program.

(5) All parking included under a shared parking agreement shall count towards the numerical requirements for off-street parking as specified in § 158-22E(1).

(6) Applicants approved for the use of shared parking within combined parking lots shall not be required to provide the twenty-foot parking lot setback and buffer requirement along the shared property boundary as otherwise required pursuant to § 158-21A.

G. Public space and recreation.

(1) A minimum of 15% of the area of a mixed-use commercial or residential multifamily project with an aggregate area of five acres or greater within the Mixed-Use District shall be devoted to publicly accessible open space for the use and enjoyment of customers, tenants, and residents of the development.

(2) For projects with an aggregate area of less than five acres, a minimum of 25% of the area of development shall be devoted to public space, inclusive of the area devoted to required buffer zones pursuant to § 158-22C and the aggregate area of internal parking lot medians and islands.