The restrictions and controls intended to regulate development
in each district are set forth in the attached schedules which are
supplemented by other sections of this chapter. Unless otherwise indicated,
the regulations shall be deemed to be minimum requirements in every
instance of their application.
A.
In interpreting and applying this chapter, the requirements contained
herein are declared to be the minimum requirements for the protection
and promotion of the public health, safety, morals, comfort, convenience
and general welfare and to prevent the unrestricted use of signs.
This chapter shall not be deemed to affect in any manner whatsoever
any covenants or other agreements between parties; provided, however,
that where this chapter imposes a greater restriction upon the use
of buildings or land or upon the erection, construction, establishment,
moving, alteration or enlargement of buildings than are imposed by
other ordinances, rules, regulations, licenses, certificates or other
authorizations or by easements, covenants or agreements, the provisions
of this chapter shall prevail.
B.
Except as hereinafter provided, the following general regulations
shall apply to every building and use covered by this chapter:
(1)
No structure, except for docks and boathouses, shall be erected,
moved, altered, rebuilt or enlarged, nor shall any land, water or
structure be used, designed or arranged to be used, for any purpose
except in conformity with this chapter and with the schedules constituting
this article, for the district on which such structure or land or
water is located.
(2)
Every building, structure or sign shall be located on a lot as herein
defined. Each principal building, as herein defined, shall require
the minimum lot area in the affected zone in which it is located.
More than one residential structure may be located on a lot, provided
that it has received approval from the Planning Board through site
plan review and is located so that a separate lot conforming to all
of the standards herein could be erected around each residential structure.
(3)
No yard or other open space necessary for any building under these
regulations shall be included as any part of the yard or open space
for any other building; no yard or any other open space on one lot
shall be considered as a yard or open space for a building or any
other lot.
A.
Permitted uses. A use shall be permitted in a given zoning district
if it is listed in Schedule I[1] as a permissible use for that district, provided that
all other requirements of this chapter are met.
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
B.
Accessory use or structure. An accessory use or accessory structure shall be permitted if the use to which it is accessory is a lawful use pursuant to the terms of this chapter and for which a permit or variance has been issued, if required, pursuant to the terms of Article XI. An accessory use is allowed in two or more contiguous zoning districts, provided that both the principal use or principal building and the accessory use are permitted in each of those zones.
C.
Nonpermitted uses. Any use which is not a permitted use by right
or by site plan review in a given zoning district or which is not
an accessory use to such a permitted use or site plan review use shall
be a nonpermitted use and shall be prohibited in that zoning district,
unless a use variance has been granted in accordance with this chapter.
D.
Site plan review uses. A use listed in Schedule I or regulations hereof as a site plan review use for a given zoning district shall be permitted in that district when approved in accordance with Article VI hereof, provided that all other requirements of this chapter are met.
E.
Planned unit developments. The purpose of a planned unit development
(PUD) is generally to allow greater flexibility in the configuration
of buildings and/or uses on a site than is allowed in the dimensional
requirements of this chapter in order to create the opportunity for
a public benefit, which could include the general replenishment of
the housing stock, office space, or other publicly beneficial uses
identified in this section, including but not limited to health care,
institutional or child-care facilities. A major goal of PUDs is to
encourage unified plans that provide a more complete and integrated
package of uses (hopefully including special amenities) over piecemeal
development. All PUDs are required to obtain site plan review approval
by the Planning Board.
[Added 5-10-2021 by L.L.
No. 1-2021; amended 3-27-2023 by L.L. No. 1-2023]
(1)
Location. PUDs will be allowed as a proposed use in the Tourist-Commercial-A
(TC-A) Zoning District, only within those areas of the district that
fall within the APA's "hamlet" land use classification, and may
be comprised of other uses found in Schedule II.
(2)
Uses. The mixing of residential and commercial uses is required,
although under certain circumstances the Planning Board may accept
a PUD application submission with the primary and sole use being multifamily
residential dwellings or institutional uses, such as health care and
medical facilities or educational facilities. Such circumstances would
include, but not be limited to, inadequate access to major thoroughfares,
lack of road frontage, and site development limitations.
(a)
Single-family dwellings are not allowed as part of a PUD.
(b)
Hotels and motels (tourist accommodations) are not allowed as
part of a PUD.
(c)
All general retail, commercial and professional office uses
will be allowed as part of a PUD. For a PUD with both retail/commercial/office
and residential uses, the first floor shall be comprised of only retail/commercial/office
uses.
(d)
No heavy industrial, light industrial or public/private utility
uses are allowed as part of a PUD.
(e)
No short-term residential rentals or multifamily dwelling units that
are individually owned (townhouses/condominiums), as defined in this
chapter, are allowed at PUD sites. Multifamily dwellings that are
non-owner-occupied, such as apartments, are required as part of a
PUD.
(3)
Incentives. Temporary tax abatements or tax exemptions may be considered
by the Town Board based on the overall benefit a PUD may provide to
the community at large. Minimum requirements for such benefit would
include, but not be limited to, institutional uses such as health-care
and medical facilities, ancillary education facilities, or if a minimum
of 50% of the multifamily dwelling units proposed are "market-rate"
rentals. Consideration will also be given for projects that obtain
LEED and/or other "green" building and site design certifications,
such as LID certification.
(4)
Standards. The standards set forth below apply to any PUD and supersede
the dimensional requirements identified for the TC-A Zoning District
in Schedule II.
(a)
Maximum lot coverage. The maximum lot coverage for any PUD shall
be 70%, with the remaining 30% of the lot coverage being "green space"
or "open space" and not permeable infrastructure.
(b)
Minimum lot size. A minimum of five acres is required for the
PUD use.
(c)
Density requirements. There will be no minimum density requirements
for multifamily dwelling uses as part of a proposed PUD, provided
that the PUD adheres to the maximum lot coverage and height requirements
set herein; however, any multifamily dwelling units proposed must
be a minimum of 600 square feet. Any amount of commercial, retail
or institutional use space will be allowed, provided that the PUD
adheres to the maximum lot coverage and height requirements set herein.
(d)
Height requirements. All proposed PUDs must adhere to the forty-foot
height regulation required by the APA and the Town Zoning Ordinance.
(e)
Property line setbacks. The setbacks required for a PUD shall be the underlying setback requirements detailed in Schedule II, Dimensional Requirements.
(f)
Stormwater design. Green infrastructure and low-impact development
(LID) stormwater controls are required as part of a PUD, and shall
be utilized where possible within the 30% "green space" or "open space"
where site limitations do not exist.
(g)
Sanitary sewer or on-site septic. Any PUD proposals that are able to connect to public sewer shall be required to do so and will be encouraged to provide on-site pretreatment devices if necessary. All PUD proposals that are unable to connect to public sewer shall install enhanced on-site wastewater treatment systems. Any and all sanitary sewer or on-site septic shall adhere to other provisions found in Town Code Chapter 115, as well as applicable NYS DOH and NYS DEC codes based on public system connection or private system design and capacity.
(h)
Potable water. All PUD proposals that are able to connect to
public water shall be required to do so and will be required to consult
with the Village Water Department regarding water pressure requirements.
All PUD proposals that are unable to connect to public water shall
install on-site potable water wells and will be encouraged to install
treatment devices. Any and all public or private water supply shall
adhere to applicable NYS DOH standards.
(i)
Electric and cable. Underground electric and cable services
will be highly encouraged as part of PUD proposals.
(j)
Traffic and circulation. Circulation patterns and traffic on
PUD sites and in relation to their surroundings will be analyzed and
commented on by the Planning Board, Warren County Planning Department
and NYS DOT. A PUD must have a minimum of two means of ingress/egress.
Creation of sidewalks is highly encouraged as part of a PUD to promote
walkability, and the connection of PUDs to existing sidewalks is required.
For PUDs with over 50 multifamily residential dwellings proposed,
and/or with over 20,000 square feet of commercial/retail/institutional
space proposed, a traffic impact analysis must be completed.
(k)
Parking. Off-street parking requirements set forth in Schedule III of this chapter shall be adhered to, but may be amended at the request of the applicant and by approval of the Planning Board. Parking may be proposed underground or below structures, or on the first level of/within structures, shielded by retail or commercial space on the street level. No on-street parking or standalone parking garages will be allowed for a PUD. Parking lot landscaping is required pursuant to Appendix I, Commercial Design Guidelines and Regulations, of this chapter.
(l)
Renewable energy. Rooftop solar arrays for on-site electric
consumption and on-site electric vehicle charging stations are highly
encouraged as part of PUD proposals. Permit fees for these accessory
uses shall be waived if they are part of a PUD proposal.
(m)
Design. The Commercial Design Guidelines and Regulations found
in Appendix I of this chapter must be adhered to for PUD proposals.
(5)
Smart growth. All smart growth principles will be highly encouraged
to be incorporated into PUD proposals. Those principles are:
(a)
Mixing land uses.
(b)
Compact building design.
(c)
A range of housing opportunities and choices.
(d)
Creating walkable "neighborhoods."
(e)
Fostering distinctive, attractive "communities" with a strong
sense of place.
(f)
Preserving open space, natural beauty and critical environmental
areas.
(g)
Strengthen and direct development towards existing communities.
(h)
Provide a variety of transportation choices.
(i)
Make development decisions fair and cost effective.
(j)
Encourage community and stakeholder collaboration in development
decisions.
Schedule I lists the uses permitted by right and the uses permitted
by site plan review for each zoning district established in this chapter.[1]
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
Schedule II lists the density requirements and the dimensional
and bulk requirements for each zoning district established in this
chapter.[1]
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
