Provision for planned development districts is included herein
to permit the establishment of areas in which diverse uses may be
brought together in a unified plan of development.
[Amended 4-3-2014 by L.L. No. 2-2014]
In planned development districts, land and buildings may be
used for any lawful purposes as determined by the Town Board, subject
to the following limitations and procedures; provided, however, that
notwithstanding any provision hereof to the contrary and in any event,
under no circumstances shall any explicitly prohibited uses be conducted
on or from any planned development district.
A.
Planned development districts shall comprise not less than five acres.
B.
For purpose of calculation of the area of land required, reference is made to the definitions contained in Article III of this chapter, and specifically to the definitions of "area, land"; "building line, front"; "lot, corner"; "lot depth"; "lot of record"; "street line" and "setback, front," which said definitions are to be deemed to be incorporated in this section and subsections, and as such definitions may be amended from time to time.
A.
Application for establishment of a planned development district shall
be made to the Town Board. The Town Board shall refer the application
to the Planning Board for consideration.
B.
The Planning Board may require that applicant to furnish such preliminary
plans, drawings and specifications as may be required for an understanding
of the proposed development. In reaching its decision on the proposed
development, the Planning Board shall consider, among other things,
the need for the proposed uses in the proposed location, the existing
character of the neighborhood in which the use would be located, and
the safeguards provided to minimize possible detrimental effects of
the proposed use on adjacent property.
C.
The Planning Board shall approve, approve with modifications or disapprove
such application and shall report its decision to the Town Board.
D.
The Town Board shall hold a public hearing on the proposal, with
public notice, as provided by law, in the case of an amendment to
this chapter.
E.
The Town Board may then amend the chapter so as to define the boundaries
of the planned development district, but such action shall have the
effect only of granting permission for development of the specific
proposal in accordance with this chapter within the area so designated,
with the specifications, plans and elevations submitted.
F.
If no action is taken to implement the specific proposal within a
year of its approval by the Town Board, the area designated shall
return to the classification it held prior to the Town Board's approval
of the change of classification.
A.
Purpose. The purpose of the Planned Development — Senior Residential
District is to:
(1)
Provide a variety of senior-oriented housing types in an area with
public water and sewer services;
(2)
To regulate land use for senior-oriented residential development
in a manner that provides certain advantages over that which would
be obtained under conventional zoning;
(3)
To provide a development framework for senior-oriented residential
communities that results in land uses and physical site arrangements
that are not contemplated under conventional zoning;
(4)
To preserve and enhance natural features of the site.
B.
Objectives. The following objectives shall be considered in the development
of a PD-SR District:
(1)
Provide for a maximum choice in the types of environment, occupancy,
tenure, types of housing, lot sizes, and community facilities available
to existing and potential residents.
(2)
Provide for usable open space and recreation areas and other facilities
serving the community, such as trailways to neighboring properties,
sitting benches, and the like.
(3)
Provide for access to trailways, open space, and other community
services through clearly designated pathways as part of the project
development.
(4)
Provide for convenient location of commercial and service areas that
are appropriately scaled to serve primarily residents of the senior
residential development and to minimize impacts on traffic and neighboring
properties.
(5)
Provide for safe and convenient pedestrian access to facilities within
the district, public transportation facilities and to any existing
and potential future pedestrian walkways that adjoin the district.
(6)
Provide for auxiliary parking as may be necessary and ensure that
such parking areas are treated with appropriate landscaping or structural
features to allow a more aesthetic presentation to the entire district.
(7)
Provide for the preservation of trees, outstanding natural topography
and geologic features, and the prevention of soil erosion.
(8)
Provide for a creative use of land and related physical development
that allows orderly transition of land from rural to urban uses.
(9)
Provide for an efficient use of land resulting in smaller networks
of utilities and streets thereby lowering housing costs.
(10)
Provide for service alleys to allow safe and adequate access
to structures in the district for purposes of refuse removal, emergency
access, and other public or private services.
(11)
Provide for a development pattern consistent with the objectives
of the Comprehensive Plan.
(12)
Provide for special security needs of persons and property within
such district as deemed necessary by the nature of the development.
(13)
Provide for a more desirable environment than would be possible
through the strict application of other provisions of the Town's zoning
regulations.
(14)
Promote community senior housing in a unique setting that is
appropriate to the anticipated residents of each such community by
utilizing homeowners' or condominium associations, deed restrictions,
and other regulatory procedures where appropriate.
C.
Project size, location and ownership.
(1)
Land to be considered for PD-SR zoning must contain a minimum of
15 contiguous acres and may be located in any residential zoning district.
(2)
The tract of land for a project may be owned, leased or controlled
either by a single person, a corporation, or by a group of individuals
and/or corporations. An application must be filed by the owner or
jointly by all the owners of property included in a project. In the
case of multiple ownership, the approved plan shall be binding on
all owners.
D.
Procedures to establish a PD-SR District.
(1)
Establishment of PD-SR Districts. The Town Board may, on its own
motion or in response to an application, amend the Zoning Map to establish
a planned development-senior residential district. In reaching its
decision, the Town Board shall consider the statement of purpose,
objectives and general criteria set forth in this chapter as well
as the current Comprehensive Plan for the Town.
(2)
Before the consideration of zoning of any property to a PD-SR District can take place by the Town Board, the owner or his authorized agent must submit an application for rezoning to PD-SR to the Town Board. Such application shall include a conceptual site plan as described in Article XV of this chapter (Site Plan Review). The Town Board shall refer the conceptual site plan to the Planning Board, which shall review it in accordance with the site plan approval procedures established in Article XV. The Planning Board shall submit a report of its findings to the Town Board.
(3)
Upon receipt of a favorable report from the Planning Board covering
the conceptual site plan, or upon its own determination subsequent
to an unfavorable report, the Town Board shall set a date for and
conduct the public hearings necessary for the purpose of considering
PD-SR districting for the applicant's plan in accordance with the
procedures established in § 165-104, Amendments; referral
to the Livingston County Planning Board.
(4)
Following the public hearing, the Town Board may establish the PD-SR District. PD-SR districting shall be conditional upon securing of final site plan approval by the applicant in accordance with procedures set forth in Article XV and compliance with all additional conditions and requirements as may be set forth by the Town Board in its resolution granting the PD-SR districting.
(5)
The Planning Board shall conduct a single review that will address the requirements of site plan review under the provisions of Article XV, Site Plan Review, as well as those for the review of subdivisions under Town Subdivision Regulations,[1] subject to the following conditions:
(a)
As directed by the Town Planning Board, the developer shall
prepare sets of subdivision plats suitable for filing with the office
of the Livingston County Clerk, in addition to those drawings required
for site plan review.
(b)
The developer may plat the entire development either as a subdivision
or as a single property. Multiple phases of development, if any, shall
be identified on the plat. The Planning Board may require that the
final site plan/subdivision review for phases be approved and recorded
individually.
E.
Permitted uses.
(1)
Permitted residential uses.
(a)
All residential types may be permitted as principal uses, including
but not limited to single-family dwellings, twin-home dwellings, townhouse
dwelling units, and multiple-residence buildings, provided that the
residences are designed and intended predominantly for persons age
55 or older.
(2)
Permitted public and community service uses.
(a)
Recreation and open space uses which are scaled primarily to
serve the residents of the PD-SR District.
(b)
A community center or clubhouse for the private, noncommercial
use of the residents of the PD-SR District.
(c)
Indoor or outdoor recreational facilities for the private, noncommercial
use of the residents of the PD-SR District.
(d)
Community buildings and facilities owned and maintained by the
Town.
(3)
Permitted commercial and service uses.
(a)
Offices and clinics of New York State licensed health-care professions,
including but not limited to dentists, chiropractic, optical, physicians,
pharmacists, or other health-care professions, excluding overnight
occupancy, provided that there are not more than eight professionals
per office or clinic.
(b)
Outpatient medical laboratories.
(4)
Special permitted uses. The following uses may be permitted by the Zoning Board of Appeals, according to the requirements of Article XIII of this chapter:
(a)
Hospitals, convalescent homes, homes for the aged, nursing homes
or proprietary care facilities.
(b)
Adult day care, child care and nursery schools.
(c)
Offices of accountants, real estate brokers, financial planners,
or lawyers.
(d)
Neighborhood convenience stores or delicatessens with a gross
floor area of 1,000 square feet or less.
(e)
Personal care, beauty shops, and barbershops.
(f)
Coffee shops or restaurants with a seating capacity of 50 or
fewer people.
(5)
Permitted accessory uses to residential uses:
(a)
Decks or porches, provided that each serves only a single dwelling
unit.
(b)
Courtyards, gazebos, tennis courts or swimming pools for the
private, noncommercial use of the residents of the PD-SR District.
(c)
Indoor or outdoor recreational facilities for the private, noncommercial
use of the residents of the PD-SR District.
(d)
Garages for the private, noncommercial use of the residents
and to store vehicles and equipment used in property maintenance of
the PD-SR District.
(e)
One utility shed per dwelling unit for the private use of the
individual household, provided that the structure does not exceed
an area of 100 square feet and is located no further than 20 feet
from an entrance to the residence to which it is an accessory use.
(7)
Prohibited uses. Explicitly prohibited uses, and any use not specifically set forth above in this Subsection E of this § 250-48 as a permitted use (as of right, accessory, or upon special permit, as the context may admit), shall be prohibited within Senior Residential Districts PD-SR.
[Added 4-3-2014 by L.L. No. 2-2014]
F.
Requirements for residential uses in the senior residential (PD-SR)
district.
(1)
Dimensional requirements.
(a)
All single-family dwelling units within a PD-SR District shall
have a living area, excluding the area of porches and auto garages,
of not less than the following when computed using the outside dimensions
of the dwelling unit:
[1]
One-story dwelling with no more than two bedrooms: a ground
floor of 1,020 square feet.
[2]
One-story dwelling with more than two bedrooms: a ground floor
of 1,120 square feet.
[3]
Split-level dwelling: 1,120 square feet of finished living area
above ground.
[4]
Two-story dwelling: 1,300 square feet of finished living area
total, including both floors.
[5]
Raised-ranch dwelling: 1,600 square feet of living area total,
with at least 980 square feet of finished living area above ground.
(b)
Townhouses, twin-home dwellings, and multiple-residence buildings.
[1]
All multiple-residence dwelling units within a PD-RS District
shall have a living area computed on the outside dimensions of the
dwelling unit based on the following criteria:
|
Type of Unit
|
Minimum Unit Size
(square feet)
| |
|---|---|---|
|
Studio
|
500 (not more than 25% of the total number of units provided
shall be studio units)
| |
|
1-bedroom
|
650
| |
|
2-bedroom
|
800
| |
|
3 or more bedrooms
|
800, plus 100 square feet for each additional bedroom
| |
|
Townhouse
|
950
|
[2]
No building shall contain more than eight dwelling units.
[3]
Each dwelling unit shall have its own separate full bathroom.
[4]
All multiple residences, twin-home dwellings, and townhouse
developments shall provide safe and efficient pedestrian circulation
and site lighting.
[5]
All multiple-residence buildings, twin-home dwellings, and townhouse
structures shall be served by adequate water supply and sanitary sewage
disposal facilities that are owned, operated and maintained by a competent
entity. On-site water supply or wastewater disposal facilities intended
to serve individual residential units shall not be permitted.
[6]
Each building shall be provided with suitable containers for
the storage of recyclable materials and refuse collections. Such containers
shall be screened from public view by use of fences or solid walls.
[7]
All multiple residences, twin-home dwellings and townhouse developments
shall have direct access from the common parking area(s) to a dedicated
highway.
[8]
All twin-home dwellings and townhouse developments shall provide
two parking spaces for each dwelling unit. At least one parking space
for each dwelling unit shall be enclosed.
[9]
All multiple residences shall provide 1.5 parking spaces for
each dwelling unit. Each parking space shall have a minimum width
of 10 feet and a minimum length of 20 feet. The Planning Board, at
its own discretion, may reduce the required number of spaces upon
receipt of sufficient supporting data from the developer. Such data
shall clearly and factually state the actual parking requirements
of the proposed multiple-residence building.
[10]
No multiple-residence, twin-home dwellings or
townhouse development shall have more than three stories or be more
than 35 feet in height. Spires, chimneys, cupolas, flagpoles are exempt
from this limitation, as are antennas, provided that the antennas
are visually integrated into the building lines.
[11]
No room shall be used for living purposes if more
than four feet of its vertical height is below grade.
[12]
No multiple-residence, twin-home dwellings, or
townhouse building shall be less than 18 feet in width.
[13]
No swimming pool shall be located within 40 feet
of a multiple-residence or townhouse dwelling structure.
(2)
Additional requirements for single-family dwellings, twin-home dwellings
and townhouse buildings are as follows. There shall be:
(a)
A minimum overhang of one foot on the roof on the front and
rear of all homes.
(b)
A minimum of five inches of rake on the gable roof end.
(c)
A single-car garage with a minimum width of 14 feet and a minimum
area of 280 square feet per dwelling unit, either attached or detached.
(d)
Two exit doors.
(e)
An area between the gutter and sidewalk that is paved the full
width of the driveway.
(f)
Poured in place front steps.
(g)
No more than three single-family detached homes of substantially
similar style located on three adjacent lots which front on the same
street.
(h)
For single-family dwelling units, a tree planted for each parcel,
except on a corner lot, which shall require two trees to be planted,
one on each side of the lot facing the road.
(i)
Sidewalks installed on at least one side of all interior roadways
to accommodate pedestrian circulation.
(3)
The total density of residential development within the PD-SR District
shall not exceed 10 dwelling units per acre. The calculation of such
dwelling unit density shall not include areas designated as open space
nor shall it include areas devoted to nonresidential uses. The areas
used for the calculation of density shall be identified in the conceptual
site plan.
(4)
No more than 10% of the total land area of the residential development
may be devoted to single-family dwellings.
G.
Requirements for recreation, open space and public and community
service uses.
(1)
Open space shall comprise at least 25% of the development area unless
deemed inappropriate or impractical by the Planning Board in connection
with the site plan approval. No permanent structures shall be allowed
on land designated as open space.
(2)
The total amount of land allocated for indoor recreational facilities,
structures owned and maintained by the Town or other indoor community
service facilities shall comprise not more than 10% of the entire
PD-SR District, including space for off-street parking, unless more
or less extensive use is deemed appropriate or advisable by the Planning
Board in connection with the site plan approval as required herein.
H.
Requirements for commercial and service uses, including specially
permitted uses.
(1)
Permitted commercial and service uses shall be scaled primarily to
serve the specific needs of the residents of the district and shall
be designed and located so as to facilitate pedestrian as well as
vehicular access from the residences within the district.
(2)
Space allocated for such commercial and service uses shall comprise
not more than 10% of the entire PD-SR District, including space for
off-street parking, unless more or less extensive use is deemed appropriate
or advisable by the Planning Board in connection with the site plan
approval as required herein.
(3)
Commercial and service uses within a PD-SR District shall be consolidated
into a single area within the district.
(4)
Commercial and service uses within a PD-SR District shall adhere
to the following requirements:
(a)
Buildings utilized for approved nonresidential use activity
within a PD-SR District shall be of similar or complementary architecture
to the approved architectural scheme of the district.
(b)
Site plan review and Planning Board approval shall be required
for any additions and/or changes to structures, landscaping, and signage
related to a nonresidential use within a PD-SR District that are proposed
subsequent to the approval of the overall site development plan by
the Planning Board.
(c)
Parking, loading, access, fencing, and site requirements shall be as provided in Article XVI of this chapter.
(e)
No drive-in or drive-through services for restaurants shall
be permitted.
(f)
There shall be no outside display of merchandise or storage
of waste materials.
(g)
Site lighting shall be shielded in such a way that the source
light is not visible at the lot line.
(h)
All customer parking areas shall be hard-surfaced and buffered
from any adjacent residential lot.
(5)
In recognition of the unique restrictions and limitations which impact
nonresidential uses within a PD-SR District, various requirements
which are otherwise imposed upon commercial use within the Town may
be modified or waived by the Planning Board, upon good cause shown,
including but not limited to requirements regarding off-street parking.
