[Added 7-14-1997 by L.L. No. 1-1997]
A. Purpose and findings.
(1)
It has been determined by the Board of Trustees
that:
(a)
Many residents of the Village of Maybrook and
the surrounding areas have reached an age where their housing requirements
are separate and distinct from younger residents of the Village and
surrounding areas.
(b)
Our senior citizens require an adequate supply
of suitable and adequate housing within the Village, designed to meet
their special housing needs at reasonable cost and to provide suitable
and appropriate social, cultural and recreational activities.
(c)
As a result of the special characteristics of
senior citizens, housing designed to meet their needs will have fewer
impacts upon roads, schools, water, sewer and other aspects of public
infrastructure.
(d)
Such housing will enable them to stay within
the Village and reside close to their children and continue their
contributions towards making the Village of Maybrook an active, vibrant
and healthy community.
(e)
The adoption of special district regulations
is necessary to encourage the preservation of existing senior citizen
housing resources and may be extended by the Board of Trustees in
appropriate instances as a floating zone to encourage development
of new senior housing developments in the Village.
(2)
Therefore, the Board of Trustees, recognizing that it is in the public interest to adopt zoning that encourages the development and preservation of such housing in appropriate locations within the Village and that the development and preservation of such housing, when implemented pursuant to the requirements and standards set forth in this law, will promote the overall health, welfare and safety of the residents of the Village, does adopt and enact the following provisions as §
210-7.1 of the Code of the Village of Maybrook.
B. Uses. In the R-SC Residential District, no building,
structure or premises shall be used or occupied and no building or
part thereof or other structure shall be erected or altered for any
use or occupancy, unless otherwise provided in this chapter, except
for the following:
(1)
Permitted uses.
(a)
Senior citizen housing project: existing buildings
and lands used for the provision of three or more senior citizen dwelling
units that were developed pursuant to senior citizen housing programs
of the United States Department of Housing and Urban Development and
which are occupied in conformance with the occupancy requirements
and guidelines of such programs in effect at the time of adoption
of this provision.
(2)
Special exception uses.
(a)
Senior citizen development: a residential development
containing senior citizen dwelling units. The development shall be
designed as one or more multiple residence dwellings for use and occupancy
by senior citizens, which may be constructed in one or more phases,
and which may be developed in the form of townhouses, garden apartments
or similar attached dwelling units. The plan of development shall
provide for any common areas and facilities to be managed by a single
management entity, such as a condominium association, homeowners association
or management company.
(b)
Accessory buildings and uses necessary to and
customarily incidental to the principal use as a senior citizen development,
including:
[1]
Related offices and facilities for maintenance,
administration or sales; professional and medical offices rendering
services primarily for the benefit of the occupants.
[2]
Recreation, social or cultural facilities designed
for such dwelling units, which shall be used by occupants of such
units and their guests.
[3]
Laundry and other utility rooms and structures;
garages.
C. Age requirements and exceptions. Prior to final site
plan approval, the developer or owner of a senior citizen development
use in the R-SC Residential District shall provide legally enforceable
covenants and restrictions, in recordable form, which shall establish
to the satisfaction of the Village Board and the Village Attorney
that occupancy of all proposed senior citizen dwelling units will
be limited to persons who are 55 years of age or older or by a person
or persons who meet one of the following criteria:
(1)
Although they themselves are not over 55 years
of age, they will be residing in the same dwelling unit with a spouse
or other member of his or her immediate family who is over 55 years
of age.
(2)
Although an adult not 55 years of age, when
the primary care physician of an eligible person certifies that it
is essential that such person reside in the same dwelling unit as
the eligible person in order to provide for the care of such person.
(3)
Persons meeting the eligibility qualifications
and standards for occupancy of senior citizen units funded by a federal
program for senior citizen housing.
D. Site development procedures. In the R-SC Residence
District, no building, structure or land shall be used, erected, altered,
enlarged or maintained unless it is in accordance with a site plan
approved by the Village of Maybrook Planning Board in accordance with
the requirements of this chapter. Such application shall be in addition
to any subdivision approval that may be required by the Subdivision
Regulations of the Village of Maybrook. (*NOTE: The required site plan elements shall include,
where appropriate, those related to parking, means of access, screening,
signs, landscaping, architectural features, location and dimensions
of buildings, adjacent land uses and physical features meant to protect
adjacent land uses as well as any additional elements specified by
the Village Board of Trustees in the Village site plan regulations.)
(1)
Site plan requirements. The site plan for a
senior citizen development shall meet the following special requirements:
(a)
Minimum area of five acres.
(b)
Maximum residential density of 15 senior citizen
units per acre.
(c)
The habitable floor area for a senior citizen
dwelling unit shall not be less than 600 square feet nor more than
950 square feet.
(d)
A senior citizen dwelling unit shall not include
more than two rooms designed for use as bedrooms.
(e)
An average ratio of bedrooms per unit shall
be calculated by dividing the total number of bedrooms in the senior
citizen development by the total number of dwelling units and shall
not exceed 1.5 bedrooms per unit.
(f)
Lot coverage by buildings and structures shall
not exceed 35% of the gross area of the lot area comprising the proposed
use.
(g)
The senior citizen development shall be served
by municipal water and sewer services.
(h)
Height of buildings and structures shall conform to the requirements of §
210-12C of this Code. Chimneys, skylights, antennas and other normal and customary appurtenances necessary to meet the needs of the residents of the project and usually placed above the roof may be erected to such minimum height as is necessary to accomplish their function, provided that they present no hazard to residents or property.
(i)
No building or structure, other than gatehouses,
walls or fences shall normally be placed within 30 feet of any exterior
boundary of the property, except that the Planning Board may approve
the placement of a garage or parking area in a front, side or rear
yard upon finding that such location is desirable and will not adversely
impact upon adjoining properties.
(j)
One and one-half off-street parking spaces shall
be provided for each senior citizen dwelling unit. In the event that
an applicant demonstrates to the satisfaction of the Planning Board
that the spaces required by this standard are excessive, the Board
may approve a site plan providing for the construction of a lesser
number of spaces, provided that adequate provision is made to reserve
area sufficient to provide for the construction of sufficient spaces
to meet this requirement and the applicant agrees to establish a performance
surety sufficient to ensure additional spaces can be constructed and
to maintain that surety for three years after construction of the
parking areas. In addition, one space shall be provided for every
employee on the premises of the development or its accessory uses
during the peak employment shift.
(k)
One or more areas for active and/or passive
outdoor recreation activities suitable for the residents of the senior
citizen development shall be provided on the site plan and shall be
improved, constructed and maintained by the developer of the senior
citizen development, homeowners association or the entity responsible
for property management. The minimum area of indoor and outdoor recreation
areas shall be an amount equivalent to 350 square feet per dwelling
unit. In the event that the applicant submits a recreation study and
plan that the Planning Board deems adequate to demonstrate that a
lesser amount of recreational area and facilities will be sufficient
to meet the anticipated needs of the residents, the Planning Board
may approve a site plan for such less amount and may include such
appropriate conditions as in its judgment are warranted to ensure
that additional facilities can be constructed if necessary.
(l)
The Planning Board shall have the authority
to impose such reasonable conditions and restrictions as are directly
related to and incidental to a proposed site plan. Upon its approval
of said site plan, any such conditions must be met in connection with
the issuance of permits by applicable enforcement agents or officers
of the Village.
(m)
The Planning Board may, when reasonable, modify
or waive any requirements required for approval of a site plan submitted
pursuant to this section. Any such waiver shall be granted only upon
a written determination by the Planning Board setting forth the basis
for its finding that in the particular case that such requirements
are not necessary or desirable in the interest of the public health,
safety or general welfare or that they are inappropriate to the circumstances
of the particular site plan.
(2)
Special use requirements. In considering an
application for a permit for a senior citizen development use, the
Planning Board shall consider the following standards, and no permit
shall be issued unless the Planning Board makes written findings that
these standards have been met:
(a)
That the proposed senior citizen development
is in harmony with the overall objectives of this chapter and of this
section in particular and that it will not adversely affect the neighborhood
if the requirements of this chapter are met.
(b)
With respect to the design of dwelling units,
parking areas, lighting, means of access such as stairs and walkways,
recreational and social facilities and grading of the site, that the
site plan has been planned and designed to accommodate the special
needs of senior citizens for safe and convenient access and mobility
within and without the site.
(c)
That the architectural design of dwelling units,
buildings and other structures is consistent and in harmony with the
architectural character of the immediate neighborhood and the Village
and that the design of the development avoids the characteristic appearance
of an institutional use.
(d)
That taking into account the nature of the proposed
use, that the proposed means of access, the amount and arrangement
of off-street parking, stormwater discharge and on-site lighting will
not adversely impact upon adjoining properties.
(e)
That the project sponsor has proposed an agreement,
covenants and restrictions or another form of legally effective control
deemed acceptable by the Village Board as sufficient to ensure that
the proposed dwellings will be used as senior citizen dwelling units.
(f)
That the project sponsor has demonstrated that
the proposed development will be economically viable and that it will
meet the needs of senior citizens residing in the Village of Maybrook
and the region surrounding the Village.
(g)
That the developer has proposed an acceptable
system for certifying that senior citizen units will be occupied by
persons meeting the requirements of this section and has agreed that
certificates of occupancy for any senior citizen dwelling units authorized
pursuant to this section shall include a condition terminating the
certificate of occupancy if the unit is not occupied by an eligible
person in accordance with the requirements of this section. In the
event of the death of the only eligible person occupying a senior
citizen dwelling unit, noneligible persons also occupying the unit
may remain in occupancy until the end of the term of the lease in
effect at the death of the eligible person and the certificate of
occupancy shall remain effective until the end of that period.
(h)
All certificates of occupancy issued pursuant
to this section for a senior citizen dwelling unit shall terminate
upon the sale or transfer of a unit owned in fee or the termination,
assignment or sublease of a lease or similar occupancy agreement with
an eligible person. A new certificate of occupancy shall be issued
upon submission of a completed application to the Building Inspector
by the owner or lessor, demonstrating that the unit will be occupied
by an eligible person, and payment of any fees.
(i)
The Planning Board shall have the authority
to impose such other reasonable conditions and restrictions as are
directly related to and incidental to the proposed senior citizen
development use. Upon its granting of said special use permit, any
such conditions must be met in connection with the issuance of permits
by applicable enforcement agents or officers of the Village.
(j)
The Planning Board, when reasonable, may waive
any requirements for the approval, approval with modifications or
disapproval of special use permits submitted for approval pursuant
to this section. Any such waiver shall be granted only a written determination
issued by the Planning Board setting forth the basis for its finding
that in the particular case such requirements are not necessary or
desirable in the interest of the public health, safety or general
welfare or that they are inappropriate to a particular special use
permit application.
[Added 6-23-2003 by L.L. No. 3-2003]
A. Purpose and findings.
(1)
It has been determined by the Board of Trustees
that:
(a)
The Village should have a separate shopping
center district with regulations that maximize the insulation of shopping
centers from residential neighborhoods and increase the array of permitted
uses that modern shopping centers require to compete and survive.
(b)
Unlike neighborhood businesses, shopping centers
require automobile traffic for their survival, and so they must be
situated on large sites near primary arterial highways where they
will not generate excessive environmental impacts that spill into
nearby neighborhoods.
(c)
Experience has shown that shopping centers can
successfully combine a wide variety of uses that are desirable for
the community and that permitting nontraditional uses in the B-SC
Zone will not have a negative impact on the Village.
(d)
To the greatest practical extent, the shopping
center district regulations are intended to permit all uses that are
permitted and specially permitted in the B-2 (Village business) and
B-4 (highway commercial) Zoning Districts, and to permit accepted
shopping center designs containing a blend of uses on a single lot,
and dispensing with the former requirement that every new tenant requires
site plan approval. The B-SC Zoning District is intended to be the
vehicle for encouraging adaptation of local zoning to accommodate
modern commercial uses in one or more buildings that comprise a unified
shopping center.
(e)
Existing shopping centers in particular must
have support from the community to adapt to modern competitive challenges.
Regulations should not unnecessarily interfere with a shopping center
maintaining a desirable mix of tenant uses, nor should physical improvements
to existing shopping center buildings be discouraged.
(f)
Unlike regulations applicable in other zoning
districts, a shopping center should be permitted to have numerous
uses on the premises, including pads for bank and restaurant uses,
as experience shows that such facilities can be appropriately designed
without adverse impacts resulting thereby.
(g)
To the extent permitted by law, zoning laws
applicable to shopping centers in the Village of Maybrook should be
construed to effect the purposes stated herein.
(2)
Therefore, the Board of Trustees, recognizing that it is in the public interest to adopt zoning that encourages the development of shopping centers that have flexible use regulations that may not be appropriate in other neighborhoods, does adopt and enact the following provisions as §
210-7.2 of the Code of the Village of Maybrook.
B. Permitted uses. In the B-SC Business-Shopping Center
District, no building, structure or premises shall be used or occupied,
and no building or part thereof or other structure shall be erected
or altered for any use or occupancy, unless otherwise provided in
this chapter, except for the following permitted uses:
Animal hospital
|
Arena, assembly hall
|
Automobile laundries
|
Bank
|
Bowling alley
|
Commercial public recreation uses not otherwise
permitted
|
Community center
|
Day care
|
Eating establishments
|
Filling station
|
Funeral home
|
Fire station
|
Flea market, wholesale
|
Health club or fitness facility
|
Hotel
|
Membership club, nonprofit
|
Motel
|
Motor vehicle
|
Municipal office or other governmental building
of similar character
|
Nursery school
|
Office: business, professional or utility
|
Parking garage
|
Personal service shop
|
Philanthropic
|
Public library
|
Radio or television (broadcasting) studio
|
Repair garage
|
Repair shops for household and/or personal appliances
|
Restaurant
|
Retail store or shop
|
Shop for custom work
|
Tavern
|
Theater
|
Veterinarian
|
Vocational school
|
Wholesale store
|
[Added 6-23-2003 by L.L. No. 3-2003]
Existing shopping centers lawfully in existence
and occupied for such use at the time that this law is adopted shall
be considered conforming uses if located within the B-SC District.
Thereafter, no site plan or special use approvals shall be required
to continue such use in existing structures.
[Added 6-23-2003 by L.L. No. 3-2003]
Each parking space shall be at least 9 feet
wide and 18 feet long and shall be clearly delineated. There shall
be provided 4.5 parking spaces for each 1,000 square feet of gross
leasable floor area of the shopping center.
[Added 2-26-2018 by L.L.
No. 1-2018]
A. Purpose and findings. The Traditional Downtown Design (TDD) District
is intended to implement the goals and design principles relative
to the development of a sustainable, pedestrian-friendly, traditional
downtown design for the Village, including the development of new
structures and uses with appropriate architectural designs and the
conservation and enhancement of the character of existing buildings,
sites, streetscapes and pedestrian environments. These regulations
serve to encourage development that reflects and/or retains valuable
elements of the Village's history and the promotion of a vibrant commercial
environment providing an array of amenities, services, and resources
essential to the neighborhood and community shopping needs of the
Village of Maybrook. The regulations include design controls to insure
a compatible relationship to adjacent residential neighborhoods, and
assurance that infrastructure impacts will be mitigated. This is accomplished
by the establishment of design and use standards that apply to new
facades, existing facades when changes are proposed, sites and buildings.
The review procedures serve to preserve, restore and enhance these
resources, improve property values, promote and support a vibrant
business and residential environment.
B. Incentives and incentive standards. Bulk standards and allowable
density may be modified in order to achieve a cohesive design that
takes advantage of shared parking and recreational resources consistent
with a traditional downtown where public benefits as described hereafter
are achieved as part of an application for development within the
TDD District. Bulk standards may be reduced and permissible density
increased as follows:
(1)
Parking. In exchange for the public incentives identified in Subsection
C below, the Planning Board shall vary the parking requirements of this chapter as follows:
(a)
Parking for residential dwelling units shall be provided at
the following reduced minimum rates: one space for every studio unit,
1.25 spaces for every one-bedroom unit, and 1.5 spaces for every two-bedroom
unit. If the total parking required includes a fraction of a parking
space, the total shall be rounded up to the next whole number.
(b)
Parking for nonresidential uses shall be provided at half of the rate required by Article
V.
(c)
Required off-street parking spaces may be provided off site,
but shall be provided at a point not more than 500 feet distant in
a direct line from the nearest part of any commercial use served,
and at a point not more than 1,000 feet distant in a direct line from
the nearest part of any residential use served.
(d)
The driveways provided for access to a required off-street parking
area shall be not less than 18 feet and not more than 20 feet in width
between curbs for two-way operation, and not more than 10 feet and
not more than 12 feet in width for one-way operation. No parking shall
be permitted within the required minimum width of any such driveway.
(e)
Where 50 or more parking spaces are provided, the Planning Board
may permit tandem parking, provided tandem spaces shall not exceed
20% of the required parking, and shall only serve two-bedroom residential
uses or employee parking for commercial uses.
(2)
Building height. In exchange for the public incentives identified in Subsection
C below, the maximum permitted building height may be increased by the Planning Board to four stories and no more than 45 feet, subject to an additional twelve-foot step-back of that portion of the building facade facing the street above the third story or at a height of 32 feet, whichever is less.
(3)
Density. In exchange for the public incentives identified in Subsection
C below, there shall be no maximum density standard, provided that the floor area ratio and required minimum parking standards are met, and provided that the floor area of each dwelling unit shall be not less than 500 square feet. However, no apartment shall have more than two bedrooms.
C. Public incentives sought. In order to receive the relief described in Subsection
B, the following public incentives must be included as part of the plan to be approved by the Planning Board:
(1)
The lot must reserve 40% of the lot area rearmost on the site
or as otherwise located and approved by the Planning Board, for public
use by an easement to the Village of Maybrook. Said easement, in such
form as is acceptable to the Village Attorney, shall bind the lot
owner and its successors and assigns to permit the paving and/or improvement
of such area and interconnection of such area with similar areas on
adjacent lots to allow for the use of the area for parking, emergency
access, public assembly, recreation or other reasonable public purposes
as shown on a downtown community facilities public improvement plan
adopted by the Board of Trustees after a public hearing and notice
by certified mailing to the lot owner. In the absence of an adopted
downtown community facilities public improvement plan or if the Village
defers improvements in accordance with such plan, such reserved area
may be improved by the lot owner to meet its parking requirement or
otherwise improved, but any such improved parking or other facilities
must be kept generally available to the public on an ongoing basis
and may be reduced, eliminated or modified in accordance with an approved
downtown community facilities public improvement plan.
(2)
At the time of Planning Board approval, the applicant must pay
to the Village a fee equal to half of the construction cost of parking
varied by these incentive provisions. The value of such construction
cost shall be determined by the Planning Board, upon recommendation
of the Village Engineer. The Village of Maybrook shall hold such fee
amounts in a separate or earmarked account for the purpose of the
Village providing public facility improvements in the TDD District
in accordance with a downtown community facilities public improvement
plan.
(3)
The lot must provide easements to the Village of Maybrook allowing
for the use of any and all site driveways to access the reserved public
use area. Said easements, in such form as are acceptable to the Village
Attorney, shall bind the lot owner and its successors and assigns.
(4)
Sidewalks at least 10 feet in width shall be constructed by
the developer along all public street frontages between the curbline
and the proposed structures for the purpose of pedestrian circulation.
(5)
Sidewalks at least five feet in width shall be constructed by
the developer along all internal site driveways and shall be clearly
demarcated where they cross any driveways.
(6)
Easements shall be granted to the Village of Maybrook allowing
for curb cuts and site driveways to be eliminated if and when adjacent
properties become developed.
D. Application and review procedure.
(1)
An application for development in the TDD District shall contain the information required in §§
210-43,
210-49 and
210-62, as applicable, and shall include scaled drawings and architectural design information indicating location, specification of materials, dimensions, colors, manner of fabrication and installation, and such other additional supporting facts and information as required by the Planning Board. Presentation of samples of the exterior architectural materials and colors shall be provided, unless the Planning Board waives the presentation of samples, in whole or in part, as being unnecessary given the materials or colors involved.
(2)
No permits shall be issued by the Building Department or Building
Inspector except upon applicable site plan and/or special exception
use permit approval by the Planning Board.
(3)
Any special exception use permit or site plan approval for which
a building permit has not been issued within one year from the date
of approval shall become null and void unless the Planning Board,
upon timely application and good cause shown, grants not more than
three one-year extensions of the expiration date.
E. Reviewing authority.
(1)
The Planning Board shall review and determine compliance with
the standards of the TDD District for the following uses permitted
by special exception use permit and/or site plan approval as follows:
(a)
Those special exception uses of buildings and/or property as
listed on the Business and Industrial Districts Table of Use Regulations.
(b)
Construction of buildings, structures, and accessory structures,
including additions and alterations to existing buildings and structures,
resulting in an increase in gross building floor area of more than
1,000 square feet or an increase in building area coverage of more
than 500 square feet.
(c)
Construction, reconstruction or alteration of a building facade,
including signage that exceeds 30% of the vertical plane area of any
individual facade or portion of a facade visible from within the TDD
District from any public street, roadway, pedestrian walkway or park.
(d)
Construction of new or modification of existing driveways, parking
areas, outside storage, signage, lighting, landscaping, fences, walls,
pedestrian walks and terraces, and related site features, that exceeds
2,000 square feet or 30% of the site area.
(2)
The Planning Board shall review and determine compliance with the standards of the TDD District for all projects not exempt under Subsection
F.
F. Exemptions. The following projects and activities shall be exempt
from review under this section:
(1)
Minor repairs and/or minor alterations, maintenance or replacement
of portions of an existing building, structure, sign, utility service
or other structures and site features. "Minor repairs, alterations,
maintenance or replacements" shall mean those that would result in
no significant impact on the design, function, architectural character
or visual appearance of the building, structure or property.
(2)
Exterior architectural modifications that do not substantially
alter the existing height, bulk or facade of an existing building
or structure and do not increase the building floor area.
(3)
New signage not exceeding five square feet in area, provided that all signage comply with Article
VI.
(4)
Changes in use of a building or structure in a permitted TDD
District use, requiring no change to the building exterior or site
not otherwise exempt, provided that the parking demands of the new
use are not greater than the existing use.
(5)
Interior modifications that do not result in a change in use
of the building.
G. Design review.
(1)
Purpose and intent.
(a)
While this chapter determines what uses are appropriate as well
as the location and density of both residential and nonresidential
development, the manner in which these uses are designed and developed
can be even more important and will have a lasting effect on the Village
downtown's appearance, function and the quality of life of its residents.
A traditional pedestrian-scale atmosphere is sought, together with
buildings that can stand alone or can be cohesively designed and integrated
as row-buildings.
(b)
Design guidelines provide a basis for planning, design and evaluation
of development proposals in the TDD District. They are intended to
assist residents, developers, design professionals, and the Planning
Board with the review and approval of projects. The guidelines clarify
what is expected and acceptable, thereby simplifying and speeding
up the site plan approval process for both applicants and the Planning
Board. In its review, the Planning Board has the authority to require
any design elements in the guidelines as a condition of approval.
(2)
Prior to or concurrent with approval of any site plan or special
permit for a site or structure within the TDD District, the Planning
Board shall make a determination that the proposed site plan or special
permit is generally consistent with the TDD District design guidelines,
included as Appendix A to this chapter. The Planning Board shall require the applicant to submit
such plans, elevations, architectural renderings, and other details
as are necessary to judge the exterior appearance of the site.
(3)
The Planning Board is authorized to waive any lot area or building
requirement of this chapter where doing so will increase an application's
compliance with the standards contained within the design guidelines.