[1]
Editor's Note: The Zoning Map is available in the office of
the City Clerk or through the City's online version of the Code (eCode360®).
For the purposes of this chapter, the City of Oneonta is hereby
divided into the following zoning districts:
|
R-1
|
Low-Density Residential District
|
|
R-2
|
Moderate-Density Residential District
|
|
R-3
|
High-Density Residential District
|
|
R-4
|
Transitional Residential District
|
|
MU-1
|
Downtown Mixed-Use District
|
|
MU-2
|
Gateway Mixed-Use District
|
|
C/I
|
Commercial/Industrial District
|
|
U
|
University District
|
|
POS
|
Public Open Space District
|
|
PUD
|
Planned Unit Development District
|
A.
Purpose and intent. The general purpose of this residential zoning
district is to provide for areas within the City of Oneonta that encourage
lower-density single-family residential property development. Further,
it is the intent of this district to encourage the construction and
continuous use of lands for single-family residential dwellings that
keep in character with existing neighborhoods in this part of the
City.
B.
Permitted uses. Please see the Table of Permitted Uses by District, § 300-92, and the R-1 District Bulk and Use Table, § 300-93. Permitted uses are subject to the requirements specified elsewhere in these regulations, including, but not limited to, regulations applicable to all zoning districts in accordance with Article IV, site plan review and approval, if applicable, in accordance with Article VII, and subdivision of land, if applicable, in accordance with Article VIII.
C.
Uses requiring a special use permit. Please see the Table of Permitted Uses by District (§ 300-92) and the R-1 District Bulk and Use Table (§ 300-93). Certain uses require a special use permit from the Planning Commission, subject to the requirements of § 300-29. Such uses are subject to the general development standards for specific uses related to regulations applicable to all zoning districts found in Article IV, to site plan review and approval in accordance with Article VII and to other standards as may be required under site plan review by the Planning Commission to assure development and operation of the use without a detrimental impact on adjacent uses.
D.
Projects requiring site plan review. Please see the Table of Permitted Uses by District (§ 300-92) and the R-1 District Bulk and Use Table (§ 300-93).
(1)
All new buildings except buildings smaller than 200 square feet in
floor area and additions to single-family dwellings, which additions
are smaller than 600 square feet.
(2)
All uses permitted by special use permit.
E.
Prohibited uses. Uses that are not expressly permitted in the Table of Permitted Uses by District (§ 300-92) are prohibited.
H.
Maximum allowable impervious surface coverage. Impervious surface
coverage of more than 1/2 acre or of more than 30% of the lot requires
site plan review. Impervious coverage includes all impervious surfaces
such as structures, parking areas, driveways and pedestrian walks.
[Amended 3-21-2023 by Ord. No. 2-2023]
A.
Purpose and intent. The general purpose of this residential zoning
district is to ensure that future residential development respects
the scale and character of the existing neighborhoods. In promoting
the general purpose of this chapter, the specific intent of the Moderate-Density
Residential District is to:
(1)
Provide for a walkable, pedestrian-oriented environment built around
the existing mix of single-family, two-family and multiple-family
residential dwellings;
(2)
Limit commercial or other uses that would substantially interfere
with or be detrimental to the character of these residential neighborhoods;
(3)
Prohibit additional conversions from single-family homes to two-family
or multifamily homes;
(4)
Encourage the conversion of existing higher-density unrelated individual
occupancies to senior citizen, family, or adult housing.
B.
Permitted uses. Please see the Table of Permitted Uses by District (§ 300-92) and the R-2 District Bulk and Use Table, § 300-94. Permitted uses are subject to the requirements specified elsewhere in these regulations, including, but not limited to, regulations applicable to all zoning districts in accordance with Article IV, site plan review and approval, if applicable, in accordance with Article VII, and subdivision of land, if applicable, in accordance with Article VIII.
C.
Uses requiring a special use permit. Please see the Table of Permitted Uses by District (§ 300-92) and the R-2 District Bulk and Use Table, § 300-94. Certain uses require a special use permit from the Planning Commission, subject to the requirements of § 300-29. Such uses are subject to the general development standards for specific uses related to regulations applicable to all zoning districts found in Article IV, to site plan review and approval in accordance with Article VII and to other standards as may be required under site plan review by the Planning Commission to assure development and operation of the use without a detrimental impact on adjacent uses.
D.
Projects requiring site plan review. Please see the Table of Permitted Uses by District (§ 300-92) and the R-2 District Bulk and Use Table, § 300-94.
(1)
All new buildings except buildings smaller than 200 square feet in
floor area and additions to single-family dwellings, which additions
are smaller than 600 square feet.
(2)
All uses permitted by special use permit.
E.
Prohibited uses. Uses that are not expressly permitted in the Table of Permitted Uses by District (§ 300-92) are prohibited.
(1)
Exceptions:
(a)
Multifamily structures legally existing at the time of the adoption
of this code shall be considered both conforming in use and structure
to the R-2 zoning district. For the purpose of this section a "legally
existing structure" shall be defined as a structure either constructed
or converted in compliance with any applicable building code in effect
at the time of the conversion, including any required permits and/or
inspections.
H.
Maximum allowable impervious surface coverage. Impervious surface
coverage of more than 1/2 acre or of more than 30% of the lot requires
site plan review. Impervious coverage includes all impervious surfaces
such as structures, parking areas, driveways and pedestrian walks.
J.
Off-street parking requirements. Please see the Table of Parking Requirements by Use, § 300-101. In addition, all uses permitted in this district are subject to the additional parking and loading requirements set forth in § 300-61 of this chapter. The provision of new off-street parking for existing uses is prohibited.
A.
Purpose and intent. The general purpose of the R-3 District is to
provide for areas within the City where a broad range of housing types
and densities can be provided in a variety of city neighborhood settings.
In promoting the general purpose of this chapter, the intent of the
High-Density Residential District is to:
B.
Permitted uses. Please see the Table of Permitted Uses by District (§ 300-92) and the R-3 District Bulk and Use Table, § 300-95. Permitted uses are subject to the requirements specified elsewhere in these regulations, including, but not limited to, regulations applicable to all zoning districts in accordance with Article IV, site plan review and approval, if applicable, in accordance with Article VII, and subdivision of land, if applicable, in accordance with Article VIII.
C.
Uses requiring a special use permit. Please see the Table of Permitted Uses by District (§ 300-92) and the R-3 District Bulk and Use Table, § 300-95. Certain uses require a special use permit from the Planning Commission, subject to the requirements of § 300-29. Such uses are subject to the general development standards for specific uses related to regulations applicable to all zoning districts found in Article IV, to site plan review and approval in accordance with Article VII and to other standards as may be required under site plan review by the Planning Commission to assure development and operation of the use without a detrimental impact on adjacent uses.
D.
Projects requiring site plan review. Please see the Table of Permitted Uses by District (§ 300-92) and the R-3 District Bulk and Use Table, § 300-95.
(1)
All new buildings except buildings smaller than 200 square feet in
floor area and additions to single-family dwellings, which additions
are smaller than 600 square feet.
(2)
Intensity thresholds requiring site plan review. When site plan review
is required due to an intensity threshold only, the scope of the review
shall be limited to consideration of the threshold.
E.
Prohibited uses. Uses that are not expressly permitted in the Table of Permitted Uses by District (§ 300-92) are prohibited.
H.
Maximum allowable impervious surface coverage. Impervious surface
coverage of more than 1/2 acre or of more than 60% of the lot requires
site plan review. Impervious coverage includes all impervious surfaces
such as structures, parking areas, driveways and pedestrian walks.
I.
Height limitations. New buildings taller than three stories or 35
feet are subject to site plan review.
A.
Purpose and intent. The general purpose of the Transitional Residential
District (R-4) is to provide for areas within the City of Oneonta
where a range of housing types can be provided in a traditional city
neighborhood setting along with limited commercial development. In
promoting the general purpose of this chapter, the intent of the Transitional
Residential District is to:
(1)
Provide for a walkable, pedestrian-oriented environment built around
single-family, two-family and multifamily residential dwellings on
small, city lots.
(2)
Provide opportunities for construction of and conversion to two-family
and multifamily occupancies at relatively higher densities than those
which currently exist.
(3)
Provide opportunities for small-scale commercial development.
(4)
Provide opportunities for both horizontal and vertical mixing of
residential and commercial uses at a slightly lower density than is
provided for in the Gateway Mixed-Use District (MU-2).
(5)
Serve as a transition between lower-density residential areas and
the primarily commercial areas.
(6)
Ensure that the appearance and functionality of buildings and uses
are harmonious with the existing nature of the residential neighborhoods.
B.
Permitted uses. Please see the Table of Permitted Uses by District (§ 300-92) and the R-4 District Bulk and Use Table, § 300-96. Permitted uses are subject to the requirements specified elsewhere in these regulations, including, but not limited to, regulations applicable to all zoning districts in accordance with Article IV, site plan review and approval, if applicable, in accordance with Article VII, and subdivision of land, if applicable, in accordance with Article VIII.
C.
Uses requiring a special use permit. Please see the Table of Permitted Uses by District (§ 300-92) and the R-4 District Bulk and Use Table, § 300-96. Certain uses require a special use permit from the Planning Commission, subject to the requirements of § 300-29. Such uses are subject to the general development standards for specific uses related to regulations applicable to all zoning districts found in Article IV, to site plan review and approval in accordance with Article VII and to other standards as may be required under site plan review by the Planning Commission to assure development and operation of the use without a detrimental impact on adjacent use.
D.
Projects requiring site plan review. Please see the Table of Permitted Uses by District (§ 300-92) and the R-4 District Bulk and Use Table, § 300-96.
(1)
All new buildings except buildings smaller than 200 square feet in
floor area and additions to single-family dwellings, which additions
are smaller than 600 square feet.
(2)
Intensity thresholds requiring site plan review. When site plan review
is required due to an intensity threshold only, the scope of the review
shall be limited to consideration of the threshold.
E.
Prohibited uses. Uses that are not expressly permitted in the Table of Permitted Uses by District (§ 300-92) are prohibited.
H.
Maximum allowable impervious surface coverage. Impervious surface
coverage of more than 1/2 acre or of more than 60% of the lot requires
site plan review. Impervious coverage includes all impervious surfaces
such as structures, parking areas, driveways and pedestrian walks.
I.
Height limitations. New buildings taller than three stories or 35
feet are subject to site plan review.
J.
Off-street parking requirements. Please see the Table of Parking Requirements by Use, § 300-101 . In addition, all uses permitted in this district are subject to the additional parking and loading requirements set forth in § 300-61 of this chapter.
(1)
No additional parking need be provided for a new use of an existing
building or parcel unless the new use parking requirement exceeds
by two the previous use parking requirement, and in that event only
the required spaces exceeding two more than the previous use need
be provided.
(2)
Parking may be provided either on site or within 200 feet of the
site and must be provided in either the same district or in a contiguous
R-4 District.
A.
Purpose and intent. The purpose of the Downtown Mixed-Use District
(MU-1) is to provide for a mix of higher-density residential and commercial
uses that will preserve and restore the unique character and architectural
heritage of the City's downtown area. The intent of the MU-1 district
is to:
(1)
Encourage both horizontal and vertical mixing of residential units
with retail, restaurants, entertainment, and other commercial uses
in order to create an active street life, enhance the vitality of
businesses, and reduce vehicular traffic.
(2)
Generally encourage new development and redevelopment of a scale,
density, and character consistent with the historic fabric of Main
Street, but on Market Street allow for a wider range of scale, density,
and character than that found on Main Street.
(3)
Ensure that appearance and functionality of buildings and uses are
harmonious with the existing downtown character, especially the historic
infrastructure of buildings, streets and public spaces.
(4)
Encourage carefully designed public spaces, on commercial and public
properties and within the public right-of-way, that enhance the City's
identity and encourage greater interaction among residents and visitors.
(5)
Preserve and enhance the downtown area's role as a center for commerce,
leisure, and civic engagement.
B.
Permitted uses. Please see the Table of Permitted Uses by District (§ 300-92) and the MU-1 District Bulk and Use Table, § 300-97. Permitted uses are subject to the requirements specified elsewhere in these regulations, including, but not limited to, regulations applicable to all zoning districts in accordance with Article IV, design guidelines for mixed-use districts in accordance with Article V, site plan review and approval, if applicable, in accordance with Article VII, and subdivision of land, if applicable, in accordance with Article VIII.
C.
Uses requiring a special use permit. Please see the Table of Permitted Uses by District (§ 300-92) and the MU-1 District Bulk and Use Table, § 300-97. Certain uses require a special use permit from the Planning Commission, subject to the requirements of § 300-29. Such uses are subject to the general development standards for specific uses related to regulations applicable to all zoning districts found in Article IV, to the design guidelines for mixed-use districts in accordance with Article V, to site plan review and approval in accordance with Article VII and to other standards as may be required under site plan review by the Planning Commission to assure development and operation of the use without a detrimental impact on adjacent uses.
D.
Projects requiring site plan review. Please see the Table of Permitted Uses by District (§ 300-92) and the MU-1 District Bulk and Use Table, § 300-97.
(1)
All new buildings and additions except buildings smaller than 200
square feet in floor area.
(2)
Intensity thresholds requiring site plan review. When site plan review
is required due to an intensity threshold, the scope of the review
shall be limited to consideration of the threshold.
(a)
Facade changes of more than 25% of front facade.
(b)
Adequacy of parking/intensity of use: new uses requiring more
than 25 parking spaces more than the previous use.
(c)
Intensity of use: new uses with a maximum permitted occupancy
exceeding more than 100 more than the previous use.
(d)
Surface and subsurface drainage: projects involving the disturbance
of more than 1,000 square feet of land surface with slopes greater
than 15%.
(e)
Compatibility with adjacent zone districts: all new uses within
100 feet of R zone district boundaries.
E.
Prohibited uses. Uses that are not expressly permitted in the Table of Permitted Uses by District (§ 300-92) are prohibited, unless they utilize, in total, less than 20% of the floor area of a mixed-use building. Such mixed-use building components are permitted only by special use permit.
F.
Off-street parking requirements. Please see the Table of Parking Requirements by Use, § 300-101. In addition, all uses permitted in this district are subject to the additional parking and loading requirements set forth in § 300-61 of this chapter.
(1)
New uses requiring more than 25 spaces more than the previous use
of the space or parcel shall provide the number of spaces exceeding
that 25.
(2)
New uses with parking requirements of 25 or less more than the previous
use of the space or parcel need not provide off-street parking.
(3)
Required parking may be provided on or off site and may be provided
anywhere within the MU-1 District.
(4)
Required parking may be provided as new public parking.
G.
Grade
level dwelling units. Grade level dwelling units within 50 feet of
the outer edge of the public right-of-way are prohibited.
[Added 2-19-2013 by Ord. No. 1-2013]
A.
Purpose and intent. The purpose of the Gateway Mixed-Use District
(MU-2) is to encourage the mixture of residential, commercial and
public uses along the primary gateway corridors into Oneonta. Such
uses should be designed in a manner that recognizes the importance
of these gateway areas to visitors and residents alike. In addition,
the MU-2 District will provide goods and services to residents, visitors,
and those living in short walking distance in the adjacent neighborhoods.
The intent of the Gateway Mixed-Use District is to:
(1)
Provide opportunities for both horizontal and vertical mixing of
residential and commercial uses at a slightly lower density than is
provided for in the Downtown Mixed-Use District (MU-1);
(2)
Encourage the construction of and continuous use of the land for
moderate- to higher-density single-family and multifamily residential
uses as well as commercial uses; and
(3)
Ensure that appearance and functionality of buildings and uses are
harmonious with the existing character of the area.
B.
Permitted uses. Please see the Table of Permitted Uses by District, § 300-92, and the MU-2 District Bulk and Use Table, § 300-98. Permitted uses are subject to the requirements specified elsewhere in these regulations, including, but not limited to, regulations applicable to all zoning districts in accordance with Article IV, the design guidelines for mixed-use districts in accordance with Article V, site plan review and approval, if applicable, in accordance with Article VII, and subdivision of land, if applicable, in accordance with Article VIII.
C.
Uses requiring a special use permit. Please see the Table of Permitted Uses by District (§ 300-92) and the MU-2 District Bulk and Use Table, § 300-98. Certain uses require a special use permit from the Planning Commission, subject to the requirements of § 300-29. Such uses are subject to the general development standards for specific uses related to regulations applicable to all zoning districts found in Article IV, the design guidelines for mixed-use districts in accordance with Article V, to site plan review and approval in accordance with Article VII and to other standards as may be required under site plan review by the Planning Commission to assure development and operation of the use without a detrimental impact on adjacent uses.
D.
Projects requiring site plan review. Please see the Table of Permitted Uses by District (§ 300-92), and the MU-2 district Bulk and Use Table § 300-98.
(1)
All new buildings and new additions to existing buildings .
(2)
Intensity thresholds requiring site plan review. When site plan review
is required due to an intensity threshold only, the scope of the review
shall be limited to consideration of the threshold.
E.
Prohibited uses. Uses that are not expressly permitted in the Table of Permitted Uses by District (§ 300-92) are prohibited.
H.
Off-street parking requirements. Please see the Table of Parking Requirements by Use § 300-101. In addition, all uses permitted in this district are subject to the additional parking and loading requirements set forth in § 300-61 of this chapter.
(1)
No additional parking need be provided for a new use of an existing
building unless the new use parking requirement exceeds by two the
previous use parking requirement, and in that event only the required
spaces exceeding two more than the previous use need be provided.
(2)
Parking may be provided either on site or within 250 feet of the
site and must be provided in either the same district or in a contiguous
R-4 District.
A.
Purpose and intent. The purpose of the Commercial/Industrial District
(C/I) is to provide for areas within the City of Oneonta that encourage
large- and small-scale commercial development as well as light and
heavy industrial uses, and moderate-sized residential developments.
Commercial and industrial operations must respect the character of
surrounding residential uses by mitigating noise, pollution, and other
environmental impacts.
B.
Permitted uses. Please see the Table of Permitted Uses by District (§ 300-92) and the C/I District Bulk and Use Table, § 300-99. Permitted uses are subject to the requirements specified elsewhere in these regulations, including, but not limited to, regulations applicable to all zoning districts in accordance with Article IV, site plan review and approval, if applicable, in accordance with Article VII, and subdivision of land, if applicable, in accordance with Article VIII.
C.
Uses requiring a special use permit. Please see the Table of Permitted Uses by District (§ 300-92) and the C/I District Bulk and Use Table, § 300-99. Certain uses require a special use permit from the Planning Commission, subject to the requirements of § 300-29. Such uses are subject to the general development standards for specific uses related to regulations applicable to all zoning districts found in Article IV, to site plan review and approval in accordance with Article VII and to other standards as may be required under site plan review by the Planning Commission to assure development and operation of the use without a detrimental impact on adjacent uses.
D.
Projects requiring a site plan review. Please see the Table of Permitted Uses by District (§ 300-92) and the C/I District Bulk and Use Table, § 300-99.
(1)
All new buildings and new additions to existing buildings require
site plan review except buildings smaller than 200 square feet in
floor area.
(2)
Intensity thresholds requiring site plan review: When site plan review
is required due to an intensity threshold, the scope of the review
shall be limited to consideration of the threshold.
(a)
Surface and subsurface drainage: projects involving the disturbance
of more than 1,000 square feet of land surface with slopes greater
than 15%.
(b)
Traffic: new uses requiring more than 50 parking spaces.
(c)
Project intensity: projects larger than three acres.
(d)
Compatibility with adjacent zone districts: all new uses within
200 feet of the C/I District boundaries.
E.
Prohibited uses. Uses that are not expressly permitted in the Table of Permitted Uses by District (§ 300-92) are prohibited, unless they utilize, in total, less than 20% of the floor area of a mixed-use building. Such mixed-use building components are only permitted by special use permit.
G.
Maximum allowable impervious surface coverage. Impervious surface
coverage of more than one acre or of more than 60% of the lot requires
site plan review. Impervious coverage includes all impervious surfaces
such as structures, parking areas, driveways and pedestrian walks.
A.
Purpose and intent. The purpose and intent of the University District
(U) is to provide areas where higher educational institutions may
continue to function and grow, and where a variety of residential
uses may be developed in a sensitive and planned manner that preserves
the integrity and long-term viability of the neighborhoods near which
they are situated.
B.
Permitted uses. Please see the Table of Permitted Uses by District (§ 300-92), and the U District Bulk and Use Table, § 300-100. Permitted uses are subject to the requirements specified elsewhere in these regulations, including, but not limited to, regulations applicable to all zoning districts in accordance with Article IV, site plan review and approval, if applicable, in accordance with Article VII, and subdivision of land, if applicable, in accordance with Article VIII. Accessory college uses are permitted, provided that the applicant demonstrates that the use is clearly accessory in nature to the college (see definition of "accessory use").
C.
Uses requiring a special use permit. Please see the Table of Permitted Uses by District (§ 300-92) and the U District Bulk and Use Table § 300-100. Certain uses require a special use permit from the Planning Commission, subject to the requirements of § 300-29. Such uses are subject to the general development standards for specific uses related to regulations applicable to all zoning districts found in Article IV, to site plan review and approval in accordance with Article VII and to other standards as may be required under site plan review by the Planning Commission to assure development and operation of the use without a detrimental impact on adjacent uses. The following college accessory uses require a special use permit:
D.
Prohibited uses. Uses that are not expressly permitted above or in the Table of Permitted Uses by District (§ 300-92) are prohibited.
E.
Projects requiring site plan review. Site plan review shall be required as provided in Article VII of this chapter, the U District Bulk and Use Table, § 300-100, and the Table of Permitted Uses by District, § 300-92, and the following:
(1)
All new buildings and new additions to existing buildings require
site plan review except buildings smaller than 200 square feet in
floor area.
(2)
Intensity thresholds requiring site plan review: When site plan review
is required due to an intensity threshold, the scope of the review
shall be limited to consideration of the threshold.
F.
Dimensions.
(1)
Where the property abuts a public right-of-way, the minimum front
setback shall be 25 feet.
(2)
Where the property abuts any adjacent R-1, R-2, R-3, or R-4 Zoning
District, the minimum setback from the boundaries of said adjacent
district shall be 40 feet or the height of the building, whichever
is greater.
(3)
Within 100 feet of a non-college-related residential district:
(4)
Maximum height shall be 10 stories, but in no case more than 120 feet, except as described in Subsection F(3)(c) above.
(5)
Additional dimensional requirements may be determined by the Planning
Commission as part of the site plan review process. This process shall
be governed by the goals of encouraging compatibility with contiguous
residential properties within the district, and with ensuring the
general purpose of this district.
J.
Prior to July 1, 2012, colleges and universities shall submit a plan
indicating current uses and a forward-looking projection of future
changes to City Council and file this plan with the City Clerk. Permit
applications for uses that are not in keeping with the plan shall
require the college or university to revise the plan on file.
K.
Lighting design shall comply with the following requirements.
(1)
Exterior offset illumination of facades and landscape elements is
encouraged. However, any building or landscape illumination shall
be directed so that there is no overspill to adjacent properties.
(2)
The placement of freestanding lighting fixtures shall be in accordance
with all required setbacks, except that lighting provided for the
safety of the users of walkways, parking areas and landscaped areas
located within setbacks is permitted.
L.
All uses shall be conducted in such a manner so as to preclude any
nuisance or hazard, including creation or emission of dust, gas, smoke,
noise, fumes, odors, vibrations, particulate matter, chemical compounds,
electrical disturbance, humidity, heat, cold, glare, excessive night
illumination, or runoff during construction. Prior to issuance of
a building permit or a certificate of occupancy, the Code Enforcement
Officer may require evidence that adequate measures have been provided
to protect the public health, comfort, convenience, safety, and general
welfare from any such nuisance or hazard.
A.
Purpose and intent. The purpose of the Public Open Space (POS) is
to preserve the historic, scenic, recreational, and environmental
value of officially designated parkland, trail corridors, environmentally
sensitive areas such as steep slopes, wetlands, and heavily wooded
areas, and other open spaces, which may or may not be accessible by
the public. Further, the intent of the Public Open Space District
is to provide areas for the development of new passive and active
parks, multiuse trails, and small-scale environmental interpretive
sites.
B.
Permitted uses. Please see the Table of Permitted Uses by District (§ 300-92). Permitted uses are subject to the requirements specified elsewhere in these regulations, including, but not limited to, regulations applicable to all zoning districts in accordance with Article IV, site plan review and approval, if applicable, in accordance with Article VII, and subdivision of land, if applicable, in accordance with Article VIII.
C.
Uses requiring a special use permit. Please see the Table of Permitted Uses by District (§ 300-92). Certain uses require a special use permit from the Planning Commission, subject to the requirements of § 300-29. Such uses are subject to the general development standards for specific uses related to regulations applicable to all zoning districts found in Article IV, to site plan review and approval in accordance with Article VII and to other standards as may be required under site plan review by the Planning Commission to assure development and operation of the use without a detrimental impact on adjacent uses.
A.
Purpose and intent. The purpose and intent of this district is to
provide for the creation and establishment of a flexible zoning district
to accommodate major multiuse developments within the City of Oneonta.
This district provides a mechanism to accommodate and ensure compatibility
among varied land uses, fosters innovation in site planning and development
and encourages sound design practices. The further purpose of this
district is to encourage planned developments, in which diverse uses
may be brought together in a compatible and unified plan which shall
be in the interest and general welfare of the public.
B.
Establishment of PUD. Approval of a planned unit development and
subsequent issuance of a building permit requires the establishment
of a PUD Planned Unit Development District through a change in zone,
after public hearings by the Council, and Council approval of a final
development plan and also after a public hearing.
C.
Procedure. The procedure for obtaining a change in zone for undertaking
development within a Planned Unit Development District shall be as
follows:
(1)
Prior to making any formal submission, it is advised that the applicant
arrange to meet with the City of Oneonta Planning Commission and the
City Engineer for a pre-application conference in order that the nature
of his proposal and application procedure can be discussed.
(2)
The owner (or agent thereof, hereinafter referred to as "owner" of
the land) shall submit four copies of a preliminary development plan
to the City Engineer and an application for a change of zone.
(3)
The City of Oneonta Planning Commission shall discuss the application
and shall review the preliminary development plan with the assistance
of the City Engineer and with the owner. The City of Oneonta Planning
Commission and the City Engineer shall prepare recommendations to
the Council with regard to the preliminary development plan and the
proposed change of zone.
(4)
Within 60 days of receipt of a request for a change in zone, public
notice shall be given and public hearing held by the Council on the
proposed change of zone, subject to the specifications of the preliminary
or final development plan. At least 10 days prior to the date of public
hearing, the Council shall send written notice of any proposed amendment
affecting property within 500 feet of the boundaries of any city,
village, town, county, state parkway or park, or within the protectively
zoned area of a housing project authorized under the Public Housing
Law to the affected jurisdiction. The Council may simultaneously hold
a public hearing on the final development plan as required by this
article.
(5)
Within 45 days of the public hearing, the Zoning Map may be amended,
in accordance with Council approval, so as to define the boundaries
of the Planned Unit Development District.
(a)
In the event that the Council grants the change of zone, subject
to modifications in the preliminary or final development plan, the
amendment granting the change of zone shall specify the required modifications.
(b)
If the change of zone is granted, such change shall be enacted
as an ordinance amending this chapter in accordance with the procedure
specified in the Charter and § 83 of the General City Law.
(6)
Prior to the issuance of a building permit, the Council must approve,
after public hearing, the final PUD development plan. The approval
of final plans after the required public hearing may occur simultaneously
with an approval of a zone change to a PUD District. Final development
plans must be submitted to the City Engineer and the City of Oneonta
Planning Commission for their review and recommendations.
(7)
Prior to the issuance of a building permit, the Council shall determine
and approve the form and sufficiency of any performance bond obtained
by the owner and the acceptability of any offers of cession, deeds
or restrictive covenants.
D.
Existing PUD Districts. Where the Planned Unit Development District
classification exists on the Zoning Map, no application for change
of zone to undertake the planned unit development need be submitted.
However, the development plan in this case must be reviewed by the
City Engineer and the City of Oneonta Planning Commission and approved
by the Council.
E.
Submission requirements.
(1)
Preliminary development plan. The owner shall submit an application
for change of zone with a preliminary development plan which shall
consist of the following:
(a)
Survey of the property, showing existing features of the property,
including contours, buildings, structures, trees of over four inches
in trunk diameter, streets, utility easements, rights-of-way and adjacent
land use.
(b)
Proposed site plan, showing building locations, occupancy and
land use areas, including any subdivision intended within the district.
(c)
Proposed traffic circulation, parking areas, pedestrian walks
and landscaping.
(d)
Proposed construction sequence for buildings, parking areas
and landscaped areas.
(e)
Proposed public utilities plan, including water supply, sewerage
and stormwater drainage.
(2)
Development plan. The owner shall submit a development plan for review
and approval prior to the issuance of a building permit. Plans and
specifications shall bear the signature of the person responsible
for the design and drawings and, where required by §§ 7209
and 7307 of the Education Law, the seal of a licensed architect or
licensed professional engineer. The development plan shall include:
(a)
Site plan showing proposed building locations and land use areas.
(b)
Traffic circulation, required parking and loading areas and
pedestrian walks.
(c)
Landscaping plan, including site grading and landscape planting
and structures.
(d)
Preliminary drawings of buildings to be constructed in the current
phase, including floor plans, exterior elevations and sections.
(e)
Final engineering plans, including street improvements, drainage
system and public utility extension.
(f)
Engineering feasibility studies for the solution of any anticipated
problems which might arise due to the proposed development, as required
by the City Engineer.
(g)
Offers of cession and proposed restrictive covenants.
(h)
Construction sequence and time schedule for completion of each
phase for buildings, parking spaces and landscaped areas, as applicable.
(i)
Complete documentation of means for the continual maintenance
of common open space and buildings.
F.
Review standards. The City of Oneonta Planning Commission may recommend
and the Council may establish a Planned Unit Development District
and approve a development plan, provided that they find the facts
submitted establish that:
(1)
The uses proposed will not be detrimental to the natural characteristics
of the site or to present and potential surrounding uses, but will
have a beneficial effect which could not be achieved under any one
district.
(2)
Land surrounding the proposed development can be developed in coordination
with the proposed development and be compatible in use.
(3)
Any proposed change to a Planned Unit Development District is in
conformance with the general intent of the Comprehensive Plan for
the City.
(4)
Existing and proposed streets are suitable and adequate to carry
anticipated traffic within the proposed district and in the vicinity
of the proposed district.
(5)
Existing and proposed utility services are adequate for the proposed
development.
(6)
Each phase of the proposed development, as it is proposed to be completed,
contains the required parking spaces, landscape and utility areas
necessary for creating and sustaining a desirable and stable environment.
G.
Planned Unit Development District requirements.
(1)
Uses permitted. All uses permitted in the districts of this chapter,
except industrial and manufacturing uses, are permitted uses in a
Planned Unit Development District.
(2)
Minimum area. The minimum district area shall be two contiguous acres
or one entire City block.
(3)
Residential density requirements. A residential density shall not
exceed one dwelling unit per 1,000 square feet of lot area.
H.
I.
Signs.
(1)
The following signs shall be permitted in a Planned Unit Development
District:
(a)
Identification signs for public and semipublic uses.
(b)
Directional signs for the control of traffic and parking and
signs for other public purposes and information.
(c)
One sign not exceeding 20 square feet which identifies the complex
or development. Such sign shall not be located closer than 10 feet
to any lot line.
(d)
One sign, not exceeding nine square feet, which identifies each
building or the uses within each building within the development.
(e)
For commercial uses, one business identification sign located
in each separate use or establishment for each separate use or establishment
that fronts on a public street, parking area or mall. The area of
such sign may not be more than one square foot for each lineal foot
of the building frontage which it occupies, not to exceed 30 square
feet.
(f)
Signs other than freestanding signs permitted in this district
shall not project at right angles from buildings, shall be affixed
parallel to the face of the buildings and shall not project a distance
greater than 12 inches from the building face. No sign shall project
above the roofline of any building.
(g)
Illuminated signs shall be so shielded as not to cast direct
light into the street or any adjacent property.
(2)
No flashing or rotating signs shall be permitted.
