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.
The following uses are permitted within the Mixed-Use District:
A. Uses permitted administratively:
[Amended 8-11-2016 by L.L. No. 4-2016]
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Agriculture, general
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Agricultural tourism operations
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Dwelling, single-family
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Equipment sales, repair and rentals, small-scale
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Greenhouse, personal
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Home occupation, minor
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Modular home
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Parks and open space
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Roadside stand
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Solar energy system: on building only
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B. Uses requiring site plan approval:
[Amended 8-9-2018 by L.L.
No. 5-2018]
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Accessory dwelling unit, detached private home
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Accessory structure (except sheds for single-family uses)
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Animal hospital or veterinary clinic
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Assembly use
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Bed-and-breakfast inn
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Building, mixed-use
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Building, office
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Car wash
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Construction storage yard
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Cultural use facility or museum
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Day-care facility
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Dwelling, townhouse
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Essential services
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Family/caregiver apartment
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Farmers' market
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Funeral home
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Garden center or commercial greenhouse
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Greenhouse, wholesale
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Health-care facility, outpatient
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Industry, custom
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Industry, limited
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Inn
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Laundry, self-serve/dry-cleaning outlet
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Membership club
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Mixed-use development
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Mobile food processing facility
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Mobile food service establishment
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Motel/hotel
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Motor vehicle parking facility
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Movie theater
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Nursery school
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Outdoor storage facility
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Place of worship
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Public and semipublic facility
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Recreational facility, commercial
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Recreational vehicle sales, repair or rentals, nonhighway
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Residential-care facility, general
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Residential-care facility, limited
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Restaurant or diner
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Retail, convenience
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Retail, small
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School, private or public
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Swimming pool, public
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Wholesale sales and distribution, small-scale
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C. Uses requiring a special use permit and site plan approval:
[Amended 8-11-2016 by L.L. No. 4-2016]
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Accessory dwelling unit, attached to commercial building
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Apartment building
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Apartment complex
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Automotive repair, limited
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Automotive sales and/or rentals, limited
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Automotive service, limited
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Bar, tavern or pub
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Drive-through facility
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Dry-cleaning facility
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Dwelling, multiple-family
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Dwelling, two-family
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Forestry
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Freight terminal
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Home occupation, major
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Hospital
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Motor vehicle and equipment sales, repair and rentals, heavy
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Motor vehicle truck rental establishment
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Motor vehicle truck stop
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Movie theater, drive-in
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Nightclub
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Pasture
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Research and development
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Restaurant, fast-food
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Retail, shopping center
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Storage facility, self-storage
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Telecommunications facility: co-location only
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The following dimensional requirements apply to all lots within
the Mixed-Use District:
A. Setback distances.
(1) Front yard building setback:
(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:
(b)
Minimum for lots abutting a residential district or use: 40
feet.
(4) Side yard building setback:
(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.
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);
(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.