A.
Residential lot size diversity. A variety of lot sizes should be
provided to eliminate the appearance of standardized lots. For residential
developments, lot areas and lot widths shall vary at random to the
greatest extent possible, in order to eliminate the appearance of
a standard subdivision. To the extent possible, no more than two lots
in a row shall have the same width. Lots shall vary by a minimum of
five-foot increments.
B.
Lot widths. Widths shall range from 50 feet minimum, to 80 feet maximum.
C.
Build-to line. Each street shall be designed with a uniform build-to
line that shall establish the front yard setback for the lots on the
block. The function of the build-to line is to form a distinct street
edge and define the border between the public space of the street
and the private space of the individual lot. The build-to line shall
fall between the minimum and maximum front yard setbacks. The minimum
front yard setback is defined in the Schedule of Area and Bulk Regulations.
The maximum front yard setback shall be 150% of the minimum front
yard setback. In areas of existing development where existing buildings
fall within the minimum and maximum front yard setbacks, the build-to
line shall be designed to create the greatest uniformity on the block.
In areas of existing development where existing buildings do not fall
within the minimum and maximum front yard setbacks, the build-to line
shall be designed as the closest line within the minimum and maximum
front yard setbacks so as to create as much uniformity on the block
as possible.
D.
Diversity in design. In major subdivisions, building mass, design,
and floor plans shall be such to create significant visual differences
between structures, and new building shall be consistent with the
traditional character of Stockport. Monotony and similarity shall
be minimized through use of changes in facade planes, use of porches,
changes in location of entryway, varying the width of the unit, and
varying roof orientation, roof styles, and trim detailing.
E.
Accessory structure setback, rear. The rear setback for an accessory
structure (excluding rear-loaded garages and carports) shall be a
minimum of five feet.
F.
Neighborhood and architectural development standards.
(1)
General. The standards established in this section are for the
purpose of promoting quality development that is attractive, convenient
and compatible with surrounding uses and historic buildings in the
hamlet. These standards are intended to be general in nature and not
to restrict creativity, variety or innovation.
(2)
Standards for new commercial buildings and major residential
subdivisions. All new buildings and remodeling or expansions of existing
buildings, exclusive of buildings determined to be historic/architecturally
significant, shall meet the following minimum structural and development
standards:
(a)
Building placement. Buildings shall define the streetscape through
the use of uniform setbacks along the build-to line for each block.
The build-to line shall be generally continued across side yard setback
areas between buildings by using landscaping. The streetscape shall
also be reinforced by lines of closely planted shade trees, and may
be further reinforced by walls, hedges or fences which define front
yards.
(b)
Architectural character. Buildings may be either traditional
in their architectural character, or be a contemporary expression
of traditional styles and forms respecting the scale, proportion,
character and materials of historic village and hamlet structures.
(c)
Architectural variety. A variety of architectural features and
building materials is encouraged to give each building or group of
buildings a distinct character.
(d)
Front facade. The front facade of the principal building on
any lot shall face onto a public street. The front facade shall not
be oriented to face directly toward a parking lot.
(e)
Fire escapes. Fire escapes shall be located to the rear of buildings
or to the side if not possible on the rear.
(f)
Garages, carports and secondary units shall be located a minimum
of 20 feet behind the front facade of the principal building.
G.
Street layout.
(1)
The street layout shall form an interconnected system of streets
primarily in a rectilinear grid pattern. New development should maintain
the existing street grid, where present, and restore any disrupted
street grid where feasible.
(2)
The orientation of streets should enhance the visual impact
of common open spaces and prominent buildings, create lots that facilitate
sunlight to reach structures, and minimize street gradients.
(3)
All streets shall terminate at other streets or at public land,
except low-volume residential streets may terminate in stub streets
when such streets act as connections to future phases of development.
(4)
To the greatest extent practical, streets shall either continue
through an intersection, or terminate with a "T" intersection directly
opposite the center of a building, or a view into an open space area.
(5)
The use of culs-de-sac and other roadways with a single point
of access shall be used only where no other alternatives exist. Where
culs-de-sac are deemed to be unavoidable, continuous pedestrian circulation
shall be provided for by connecting sidewalks that link the end of
the cul-de-sac with the next street or open space.
(6)
A minimum of two interconnections with the existing public street
system shall be provided where practical. Linkages to adjacent developments
and neighborhoods with pedestrian and bicycle paths are recommended
where practical.
(7)
Intersections shall be at right angles whenever practical, but
in no case less than 75°. Low-volume streets may form three-way
intersections creating an inherent right-of-way assignment (the through
street receives precedence) that significantly reduces accidents without
the use of traffic controls.
(8)
To slow turning vehicle traffic and shorten pedestrian crosswalks,
the roadway edge at street intersections shall be rounded by a tangential
arc with a maximum radius of 15 feet for local streets and 20 feet
for intersections involving collector or arterial streets. The intersection
of a local street and an access lane or alley shall be rounded by
a tangential arc with a maximum radius of 10 feet.
(9)
Curb cuts for driveways to individual residential lots shall
be prohibited along arterial streets. Clear sight triangles shall
be maintained at intersections.
(10)
Streetscape standards. Streets shall be designed to serve as
a public space that encourages social interaction and that balances
the needs of all users, including pedestrians, bicyclists and automotive
traffic. To create the appropriate character of the street as a public
space, the following streetscape specifications shall apply:
(a)
Planting strips. Sidewalks shall be separated from street curbs
by a planting strip not less than five feet wide, planted with shade
trees.
(b)
Shade trees.
[1]
Shade trees shall be provided along each side of
all streets, public or private, existing or proposed, but not including
alleys. In locations where healthy and mature shade trees currently
exist, the requirements for new trees may be waived or modified.
[2]
Shade trees shall be located in the planting strip
between the street curb and the sidewalk.
[3]
Shade trees shall have a minimum caliper of four
inches measured at chest height at time of planting, and shall be
spaced a maximum of 30 feet on center, with exact spacing to be evaluated
on a site-specific basis.
[4]
No more than 40% of the street trees shall be of
one species. The particular species of shade trees shall be determined
upon specific location requirements. Species shall be selected to
cast moderate to dense shade in summer, survive more than 60 years,
have a mature height of at least 50 feet, be tolerant of pollution,
heat, and salt, require little maintenance by being mechanically strong
(not brittle), and be insect- and disease-resistant. Care should be
taken to avoid species that suffer from limb drop and splitting, heavy
fruit or nut crops, invasive root systems, or allergen production.
[5]
Street trees shall be grown to at least American Nursery Association Standards, shall be balled and burlap or crated nursery stock, and shall be irrigated and fertilized for a minimum of two years after installation. Any tree that dies within two years of planting, or any tree that is removed, shall be replaced with the same species and size. The applicant shall be responsible for all fees and costs associated with planting or replanting required trees as per § 120-20.1G(10).
H.
Performance standards for commercial uses in the Hamlet District.
(1)
The proposed use shall not constitute a nuisance to the neighborhood
due to hours of operation, noise or loitering.
(2)
The emission of smoke, gas, dust, odor, or other atmospheric
pollutant shall be reasonably minimized outside the building in which
the use is conducted.
(3)
Untreated or insufficiently treated wastes shall be prevented
from discharge into any watercourse.
(4)
Vibration, heat or electromagnetic interference shall not be
disseminated beyond the immediate site on which the use is located.
(5)
No use shall be permitted that present's physical hazard
by reason of fire, explosion, radiation or any similar cause.
(6)
No use shall be permitted where it is determined by the Planning
Board that the type and number of vehicle trips it is estimated to
generate would be expected to produce unusual traffic hazards or congestion
or cause or induce emissions which may be expected to interfere with
the maintenance of air-quality standards established by the United
States Environmental Protection Agency, the New York State Department
of Environmental Conservation or other regulatory agency having jurisdiction
due to the design or capacity of the street system, the relationship
of such proposed use to surrounding or nearby commercial or residential
uses or other factors affecting air pollution arising from mobile
source activity.
(7)
Vehicular-oriented commercial land uses, such as car washes,
and drive-through businesses shall be designed in a way that minimizes
any potentially disruptive effects on the pedestrian orientation of
the district.
(8)
Shop-front design. Shop-front design shall be based upon historic
examples in the area. A minimum of 50% of the front facade on the
ground level shall be transparent, consisting of display windows or
door openings allowing views into and out of the interior to create
visual interest at the street level. Windows shall be distributed
in a more or less even manner consistent with the rhythm of voids
and solids of historic buildings, and shall have low sills and high
lintels consistent with the window proportions of historic buildings.
Doorways, windows and other openings in the facade shall be proportioned
to reflect pedestrian scale and movement.
(9)
Entries. Primary entries to shop-fronts shall be emphasized
through the use of architectural features such as roofs, recessions
into the facade, pilasters or other details that express the importance
of the entrance.
(10)
Mechanical equipment. All mechanical equipment such as furnaces,
air conditioners, elevators, transformers, and utility equipment,
whether roof- or ground-mounted, shall be completely screened from
contiguous properties and adjacent streets in a manner that is compatible
with the architectural treatment of the principal structure.
(11)
Landscaping. All portions of properties that are subject to
site plan review and that are not intended for development shall remain
in their natural state or be suitably landscaped with planting of
trees and shrubbery. Landscaping shall minimize erosion and stormwater
runoff, provide necessary buffering and generally work to blend the
proposed use with the character of the Town.
(a)
A landscaping plan shall be prepared by a landscape architect,
architect, engineer or other qualified professional, and approved
by the Planning Board during site plan review.
(b)
A landscape plan shall include plant selections suitable for
the specific site. Native species of both deciduous and coniferous
plants shall be included in the plan whenever possible.
(c)
Healthy trees with diameters of 12 inches or greater measured
at chest height shall be marked on the plan and preserved to the extent
possible.
(d)
Pedestrian pathways shall be covered with crushed stone, bark,
gravel, brick, stone, or paved as appropriate, to allow drainage and
prevent erosion.
(e)
Construction practice and planting specifications should follow
ANSI Z60.1 American Standards for Nursery Stock.
(f)
Maintenance. All planting shown on an approval landscape or
site landscape or development plan shall be maintained throughout
the duration of the use, and plants not so maintained shall be replaced
in accordance with the plan's specifications.
(g)
Blank end walls that are visible from the road or adjacent residences
shall be landscaped.
(h)
Transformers, gas meters, dumpsters, etc. shall be screened.
(12)
Loading and service areas. When adjacent to residential uses,
loading and service areas must be screened with a visually impervious
buffer zone, except at access points, from the ground-level view from
contiguous property and adjacent streets. All loading and service
areas shall be screened from view from adjacent streets.
(13)
Outdoor storage. There shall be no outdoor storage of either
materials or products.
(14)
Trash storage. Trash storage and recycling areas shall be completely
enclosed and screened from public view and adjoining buildings in
a manner compatible with the architectural treatment of the principal
structure.
(15)
All trademarked architecture (for example, Taco Bell/Long John
Silver's in Greenport) is prohibited.
I.
The incorporation of small, landscaped, front yards should be encouraged
with any new residential or commercial use.
J.
The development of public parks, commons, or small pedestrian plazas
with amenities such as benches and landscaping should be encouraged
in the hamlets.
K.
The adaptive reuse of historic structures should be encouraged in
such a way so as to complement the character of the existing hamlet.
L.
Where practicable, new buildings adjacent to significant historic
structures should be designed in a manner consistent with the general
architectural features of such historic structures in terms of form,
materials, and roof shape and the design and placement of windows.
A.
Section 120-20.3B(2) (Rural Residential District) regarding conservation or clustered layout shall also apply to the Residential District.
B.
Design guidelines for the Residential District. The following minimum
design standards shall be met for all major subdivisions to encourage
diversity in design and subdivision layout. All density, lot size,
dimension, and other requirements of the Town of Stockport Zoning
shall also be met. The Planning Board shall review the following standards
as part of the preliminary plat and ensure that all standards are
met in the approved final plat.
(1)
Building placement and build-to-line. Each street shall be designed
with a build-to line that shall establish the front yard setback for
the lots on the block. The function of the build-to line is to define
the border between the public space of the street and the private
space of the individual lot. The build-to line shall fall between
the minimum and maximum front yard setbacks. The minimum front yard
setback is defined in the Schedule of Area and Bulk Regulations. The
maximum front yard setback shall be 200% of the minimum front yard
setback.
(2)
Variation of lot width and area. Lot areas and lot widths shall
vary at random to the greatest extent possible, in order to eliminate
the appearance of a standard subdivision. To the extent possible,
no more than two lots in a row shall have the same width. Lots shall
vary by a minimum of five-foot increments.
(3)
A variety of architectural features and building materials is
encouraged to give each building or group of buildings a distinct
character.
(4)
The scale of new construction, including the arrangement of
windows, doors and other openings within the building facade, shall
be compatible and consistent with adjacent buildings in the existing
neighborhood.
(5)
The front facade shall face onto a public street.
(6)
Exterior materials and roof materials should be similar in appearance
to those found on adjacent buildings within the neighborhood.
(7)
Buildings shall have a variety of different roof overhang profiles.
(8)
In major subdivisions, building mass, design, and floor plans
shall be such to create significant visual differences between structures
and new building shall be consistent with the traditional character
of Stockport. Monotony and similarity can be minimized through use
of changes in facade planes, use of porches, changes in location of
entryway, varying the width of the unit, and varying roof orientation,
roof styles, building orientation, and trim detailing.
(9)
Front-facing garages shall be located a minimum of 20 feet behind
the front facade of the principal building or shall be side-loaded,
if attached.
(10)
There shall be no blank walls. Windows shall comprise a minimum
of 15% of the square footage area of each facade.
(11)
All utility facilities, waste receptacles, HVAC and other mechanical
equipment shall be fully screened whether they are at grade level
or on a rooftop. Appropriate methods include, but are not limited
to fencing, vegetation, false facades, berms, and structural screening.
A.
Density calculation. Density shall be adjusted to account for environmental
limitations that may be present on a parcel and to further meet the
purposes of the adopted Town of Stockport Comprehensive Plan and this
chapter. This section describes a "net-density" method of calculating
development potential on a parcel. All acreage within a parcel is
included in the density calculation, but different environmental features
that may be present are eligible for different development densities.
This environmental control formula is designed so that all lands except
floodways and open water are allowed to be counted towards the final,
adjusted net density. The following areas of constrained land shall
be deducted from the total gross tract area:
(1)
Wetlands: multiply the acreage present on the parcel in designated
wetlands by 0.95, and subtract this amount from the total acreage.
(2)
Floodway and areas of open water: multiply the acreage present
on the parcel that are within the floodway by 1.0, and subtract this
amount from the total acreage.
(3)
Floodplains: multiply the non-wetland portion of the one-hundred-year
floodplain present on the parcel by 0.50, and subtract this amount
from the total acreage.
(4)
Steep slopes: multiply the acreage of land present on the parcel
having slopes exceeding 15% by 0.25, and subtract this amount from
the total acreage.
(5)
If a portion of the parcel contains more than one of the above
natural features subject to a deduction from the total tract acreage,
that acreage shall be subject to the most restrictive deduction only.
(6)
Allocation of density. All lots created or remaining from the
original parcel shall have at least one allocated dwelling unit unless
that land or lot is being permanently joined to an adjacent parcel
which either contains an existing dwelling or has allocated to it
the right to construct at least one dwelling.
(7)
Monitoring lot splits. The Town of Stockport recognizes that
proper administration of a net density approach described in this
section is important in meeting the intent of this chapter. The following
procedures have been established to help ensure proper monitoring
of lot splits:
(a)
An official parcel map indicating existing lots, parcel numbers,
and land ownership shall be established along with an official register
containing this information.
(b)
The Town shall maintain a record of the estimated allotment
of dwelling units possible under this chapter for each parcel under
review.
(d)
A property owner submitting a subdivision plan shall be required
to specify on his/her plan and on any approved final plat, which lot
or lots shall carry with them the right to erect or place any unused
allocation of dwelling units the tract may have.
(e)
As allotments are used up, the official parcel map and register
shall be updated to reflect these changes.
(f)
The Official Map and register shall be maintained by the Planning
Board upon final approval of each subdivision and copies made available
for inspection by the public.
B.
Development guidelines. The following guidelines shall be considered
by the Planning Board in the site plan and subdivision review of any
use in the Rural Residential District:
(1)
Maintain existing woodlands and wooded areas along roads to
the greatest extent possible and used to screen new development.
(2)
The Planning Board shall require that all major subdivisions
be designed with a conservation or clustered layout. Location of house
sites within the subdivision shall be determined to protect critical
environmental features including, but not limited to, steep slopes,
wetlands, floodplains, and open water. In addition, the use of a conservation
subdivision or clustered plan is specifically required when the parcel
contains, in whole or in part, one or more of the following:
(a)
State and/or federal freshwater wetlands occupy 25% or more
of the site.
(b)
Slopes of greater than 20% occupy 25% or more of the site.
(c)
The site contains a floodplain or flood hazard area as mapped
by the Federal Emergency Management Agency's Flood Insurance
Maps.
(d)
The site contains a Critical Environmental Area as designated
under Part 617 of the Environmental Conservation Law (SEQRA).
(e)
The lot or parcel is included within an Agricultural District.
(f)
The lot or parcel is under a Forestry Management Plan.
(3)
Development shall minimize clearing of land on steep slopes. See also § 120-36A, standards for development on steep slopes.
(4)
Where ravines occur, all development shall be placed a minimum
of 25 feet from the edges.
(5)
No development shall occur within 100 feet of a DEC classified stream bank as per § 120-27 of this chapter.
(6)
Ensure the provision of adequate water supply, sewage disposal
and transportation infrastructure in ways that protect the health,
safety and welfare of residents and that are consistent with rural
character and continuing maintenance of open spaces.
(7)
Retain existing tree rows and hedgerows, stone walls, and similar
features in the development of any new use or the expansion of any
existing use to the maximum extent practical.
(8)
For commercial uses, any off-street parking or loading areas,
accessory structures, or storage for a commercial use shall be screened
from adjacent properties by landscaping or fencing.
(9)
New streets should be designed with rural characteristics including
minimal tree clearing, minimal grading and filling of existing topography,
and usage of natural drainage where practical. Wherever feasible,
retain and reuse existing old farm roads and lanes rather than constructing
new roads or driveways. This minimizes clearing and disruption of
the landscape and takes advantage of the attractive way that old lanes
are often lined with trees and stone walls. (This is not appropriate
where reuse of a road would require widening in a manner that destroys
trees or stone walls.)
(10)
Building envelope placement should minimize placement of new
structures in the center of former agricultural fields and should
instead, take advantage of hedgerows or other natural features that
could be incorporated into the layout.
(11)
Major modifications to the existing landscape such as extensive
grading, clear-cutting of trees, or other similar activities shall
be avoided.
(12)
Minimize the number of curb cuts on existing roads and utilize
shared driveways and linked/shared parking where possible.
(13)
Use existing vegetation and topography to buffer and screen
new buildings if possible. Group buildings in clusters or tuck them
behind tree lines or knolls rather than spreading them out across
the landscape in a "sprawl" pattern.
(14)
Minimize clearing of vegetation at the edge of the road, clearing
only as much as is necessary to create a driveway entrance with adequate
sight distance. Use curves in the driveway to increase the screening
of buildings.
(15)
Minimize crossing of steep slopes with roads and driveways.
When building on slopes, take advantage of the topography by building
multilevel structures with entrances on more than one level (e.g.,
walkout basements, garages under buildings), rather than grading the
entire site flat. Use the flattest portions of the site for subsurface
sewage disposal systems and parking areas.
C.
Accessory uses. Uses customarily accessory to and subordinate to
a principal use are allowed.
(1)
Location. An accessory structure shall not be located in a front
yard setback. An accessory structure may be located within and/or
outside the parameters of the required side yard or rear yard provided.
Such accessory structures shall be set back 10 feet from any lot line.
(2)
Height. An accessory structure shall not exceed a height of
18 feet or a height of 50% of the height of the principal structure,
whichever is greater.
(3)
Maximum coverage. The total lot coverage of all accessory structures
shall not exceed 5% of the total lot area.
D.
In addition to other requirements of this chapter, the following
specific regulations for the district shall be met:
(1)
Buildings, parking areas, access aisles, and parking spaces
for commercial/industrial uses facing or adjacent to property zoned
for residential use shall be set back an additional 100 feet from
the minimum yard setback to provide a visual and noise buffer zone.
(2)
The one-hundred-foot additional buffer zone, as well as the
minimum yard setback area, shall be planted with a mixture of evergreen
and deciduous plantings at a height so as to completely screen the
parking area from neighboring properties and streets.
(3)
The species type, location and planted height of such landscaping
shall be subject to the approval of the Planning Board.
E.
Design guidelines. The following guidelines shall be considered by
the Planning Board in the site plan and subdivision review of any
use in the Commercial/Industrial District:
(1)
Where practicable, existing tree rows and hedgerows, stonewalls,
and similar features should be retained in the development of any
new use or the expansion of any existing use.
(2)
Buildings composed of closed sided covered structures are encouraged.
(3)
Truck loading and unloading is confined to on-site areas. All
loading and unloading areas shall be shielded from view from the main
roadways.
(4)
All equipment, electrical substations, and mechanical devices
shall be shielded from view from the main roadways.
(5)
All outdoor storage of goods, trash, or materials shall be shielded
from view from the main roadways.
(6)
Parking lots, access driveways, and streets shall be designed
to avoid and minimize the potential for pedestrian/vehicle conflicts.
(7)
All streets shall be designed to permit the installation of
electric, water, sewer, and gas utilities underground, either initially
or at the time major improvements or upgrades are made to the street
or the particular service.
(8)
The scale and mass of buildings shall be reviewed by the Planning
Board during Site Plan Review to determine if they are compatible
with that of adjacent and nearby buildings as viewed from the street.
For example, to minimize the apparent scale of buildings greater than
40 feet in width, facades facing the main street could be broken by
periodic setbacks, and rooflines should include offsets and changes
in pitch. Other design features such as porches or cupolas, window
bays, separate entrances and entry treatments, or the use of sections
that may project or be recessed may also be used.
(9)
In addition to the above, all parking, lighting, landscape,
and sign requirements of this chapter shall be met.
A.
Density of development. For parcels that are fully within the C District,
one single-family home per existing parcel shall be allowed. For parcels
that are partially within the C District, all buildings shall be placed
on lands outside the Conservation District boundary to the maximum
extent possible, and housing density shall be calculated according
to the requirements of the underlaying base district using only the
area of the parcel that is outside of the C District.
B.
Location of building sites. For parcels that are partially within
the C District, all land disturbance activities, including but not
limited to house sites, yards, driveways, and septic systems, shall
be located out of the Conservation Overlay Area and placed on that
portion of the parcel having nonconstrained areas to the maximum extent
possible. For parcels that are partially within the C District, and
also within the Agricultural Overlay District, all land disturbance
activities including, but not limited to house sites, yards, driveways,
and septic systems shall be located out of the Conservation Overlay
Area and placed on that portion of the parcel having no active agricultural
operations to the maximum extent practical. Additionally, placement
of structures shall follow all the siting requirements of the Agricultural
Overlay District.
C.
Site plan approval. For parcels fully within the C District, or parcels
without adequate area outside the C District to accommodate all development
outside the C District, site plan approval shall be required prior
to development of the single-family home. The Planning Board shall
review all building envelopes prior to issuance of a building permit.
During review, the building envelope shall be placed in the least
constrained location of the parcel and careful consideration must
be given to not only the environmental quality of the parcel, but
to the scenic quality.
D.
Nonresidential uses. Passive recreation, agriculture, and forestry
are the preferred land uses within the Conservation Overlay District.
Best management practices as detailed by New York State are encouraged
to be used for these land uses.
A.
Purposes. The purposes of the Agricultural Overlay District, among
others, are as follows:
(1)
To protect and maintain the Town's farmland for continued
or future agricultural use including operating farms, lands that contain
prime agricultural soils, soils of statewide significance within Agricultural
Districts;
(2)
To implement the Town Comprehensive Plan, which contains the
goals of protecting rural and agricultural lands, discouraging incompatible
nearby land uses, and promoting agriculture as a component of the
local economy;
(3)
To support and protect farming by stabilizing the agricultural
land base;
(4)
To separate agricultural land uses and activities from incompatible
residential, commercial, industrial development, and public facility
development;
(5)
To prevent fragmentation of the Town's existing farming
community by nonfarm development; and
(6)
To reserve the Town's most productive soils for agriculture.
B.
Density calculation. Density shall be calculated according to the requirements of the Rural Residential District, but shall be adjusted to take into consideration the presence of important farmland soils as follows. The adjusted tract acreage shall be determined by multiplying the acreage classified as being a prime farmland soil or soils of statewide importance by the numerical density factor for that category of constrained land. In addition to the other deductions pursuant to § 120-20.3A, the following soil types shall be deducted from the total gross tract area:
(1)
Areas of prime farmland soils or soils of statewide importance:
multiply the acreage of land on the parcel with these soils by 0.50,
and subtract this amount from the total acreage.
C.
Buffering of existing farms from new uses. Buffer zones adjacent
to actively farmed land shall be established to reduce the exposure
of nonfarm uses to odors, noise, and other potential nuisances associated
with the agricultural operation and to protect the agricultural operation
from potential complaints related to same. Such buffer zones may consist
of vegetative screening, woodlands, vegetated berms, or natural topographic
features and shall be no less than 50 feet in width in addition to
the required setback for that district. Buffer zones may be required
to be larger depending upon the type of agriculture or farm use adjacent
to the nonfarm use, the topography and the proposed design and planting
of such buffer zone. It shall be the responsibility of the nonfarm
applicant, subject to approval by the Planning Board, to provide an
effective buffer zone that will reasonably protect adjacent nonfarm
and residential living areas from agricultural procedures.
D.
Residential development. Recognizing the potential incompatibility
of certain agricultural procedures (namely, chemical spraying and
dusting) and residential development, the following provisions shall
be adhered to:
(1)
All deeds of new residential units shall contain references
to notes that shall be placed on the subdivision plat relative to
the hazards and nuisances (noise, odors, hazardous chemical use, etc.)
to which residents of such dwelling unit willingly subject themselves
to.
(2)
Unrestricted flow of stormwater runoff from such developed property
will not be allowed to drain directly into agricultural operations.
Site plans and subdivision plats must include provisions for retention/detention
ponds or infiltration basins to contain such runoff.
E.
Siting guidelines for residential development. Residential subdivision in the Agricultural Overlay District shall conform to the additional standards set forth in Subsection E(1), (2), and (3) below.
(1)
Clustered or conservation subdivision design shall be required
for all new residential development on lots greater than 10 acres,
and where more than three new lots are to be created within the Agricultural
Overlay District. All surficial soils classified as prime farmland
soils (class 1 and 2) or soils of statewide significance (class 3
and 4) should be avoided by subdivision development to the greatest
extent practical.
(a)
At least 50% of the parcel shall be permanently preserved and
made available for agricultural use. This portion of the parcel shall
be identified on the plat and shall be protected by an easement or
deed restriction which prevents future subdivision of that portion
of the parcel.
(2)
All new residences not subject to the clustered or conservation
subdivision design provision shall avoid being built on prime soils
or soils of statewide importance to the maximum extent practicable.
For all development, other existing features whose preservation would
benefit the Town and the subdivision should be avoided through sensitive
design of the cluster subdivision or building site. Such features
include but are not limited to:
(a)
Groves of mature trees.
(b)
Large individual trees.
(c)
Hedgerows.
(d)
Woodlands along roadways, property lines, and streams.
(e)
Scenic vistas.
(f)
Water features such as streams, ponds, floodplains, lakes and
wetlands.
(g)
Stone walls.
(h)
Steep slopes in excess of 20%.
(i)
Habitats of endangered or threatened species.
(j)
Visually prominent agricultural landscape features such as fields,
pastures and meadows on knolls and hilltop.
(k)
Historic structures or sites.
(l)
Similar irreplaceable assets.
(3)
Residential structures in the A District shall be located according
to the following guidelines, which are listed in order of significance
(some of which may conflict with each other on a particular site,
in which case, the Planning Board may use its discretion to resolve
such conflicts):
(a)
On the least fertile agricultural soils and in a manner which
maximizes the usable area remaining for agricultural use;
(b)
Away from the boundaries of any farm, to reduce conflicting
uses in areas where farmers have made long-term commitments to continue
to farm;
(c)
Residential siting should be developed in a manner which results
in the least amount of fragmentation of active farmlands.
(d)
In such a manner that the boundaries between house lots and
active farmland are well buffered by vegetation, topography, roads
or other barriers to minimize potential conflict between residential
and agricultural uses;
(e)
To avoid disturbance to the existing environmental, cultural and scenic features noted in Subsection E(2) above;
(f)
To be as visually inconspicuous as practical when seen from
state, county and local roads, and particularly from any designated
scenic routes;
(g)
Next to other residences or building lots on adjacent properties;
(h)
To minimize the perimeter of the built area by encouraging compact
development and discouraging strip development along roads;
(i)
On suitable soils for subsurface sewage disposal;
(j)
Within woodlands, or along the far edges of open agricultural
fields adjacent to any woodland, to reduce encroachment upon agricultural
soils, provide shade in summer and shelter in winter, and to enable
new residential development to be visually absorbed by the natural
landscape;
(k)
In locations where the greatest number of dwelling units could
be designed to take advantage of solar heating and solar electric
opportunities; and
(l)
Any other mitigation measure imposed under SEQR.
F.
Required disclosure. In the case of any proposed residential development
that abuts agricultural uses, the Planning Board shall require the
applicant to issue a disclosure to potential purchasers of lots or
dwelling units as follows: "This property adjoins land used for agricultural
purposes. Farmers have the right to apply approved chemical and organic
fertilizers, pesticides, and herbicides, and to engage in farm practices
which may generate dust, odor, smoke, noise and vibration." This disclosure
shall be required as a note on a subdivision plat or site plan, and
may also be required to be made through other means reasonably calculated
to inform a prospective purchaser, such as by posting, distribution
of handbills, inclusion in an offering plan or real estate listing
information sheet, or letter of notification. This section may also
be applied to any commercial development at the discretion of the
Planning Board.
G.
Agricultural data statement. Any application for a special permit, site plan approval, use variance, or subdivision approval requiring municipal review and approval by the Town Board, Planning Board, or Zoning Board of Appeals that would occur on property within an agricultural district containing a farm operation, or on property with boundaries within 500 feet of a farm operation located in an agricultural district, shall include an agricultural data statement as defined in § 120-4. The reviewing board shall evaluate and consider the agricultural data statement in its review of the possible impacts of the proposed project upon the functioning of farm operations within the agricultural district.
A.
Legislative intent.
(1)
The automobile salvage business is recognized as economically
sound and growing, and its operation is a significant source of local
employment. A salvage operation is also in the broader public interest,
as it affords an economical method of recycling wrecked or junk cars
which would otherwise be a solid waste disposal problem.
C.
Authorized land uses within the Automobile Salvage PDD.
(1)
This subsection sets forth the authorized land uses permitted
within the Automobile Salvage PDD. If not specifically permitted herein,
a use is prohibited.
(2)
The principal permitted land use and development within the
PDD is the operation of an automobile dismantling and recycling operation
on the east side of State Route 9, including a building for dismantling
and parts inventorying, wholesale and retail sales of auto parts and
sales support facilities.
(3)
All use operations shall be conducted within the enclosed buildings,
except for outdoor storage and retrieval of salvaged automobiles and
parts and intermittent car-crushing operations.
(4)
All uses, including parking, automobile processing, automobile
storage, car crushing and other outdoor activities elsewhere within
the PDD shall occur exclusively at the locations and at the scale
depicted on the site plan, dated January 7, 1997, and modified June
16, 1997, and described as the conceptual site plan, which is annexed
to and a part of this section.
(5)
All PDD lands on the west side of State Route 9 shall be used
solely for the purpose of parking registered, personal motor vehicles
owned by active employees of the automobile salvage operation.
(6)
A utility right-of-way and high-voltage electric transmission
line owned and operated by Niagara Mohawk Power Corporation bisects
the PDD. These PDD use provisions do not apply to the operation of
the transmission line. No automobile salvage use or development shall
occur within the area of the utility right-of-way with the exception
of crossing the right-of-way.
D.
Development criteria and conditions.
(1)
All automobile salvage operations within the PDD shall be under
one common ownership. There shall be no subdivision of lands within
the PDD, and no area variance shall be granted within the PDD.
(2)
Access to PDD lands on the east side of State Route 9 for any
purpose related to automobile salvage shall be solely by a maximum
of two New York State Department of Transportation (NYSDOT) approved
curb cuts as depicted on the conceptual site plan. The PDD land south
of the utility right-of-way shall be accessed solely by a perpendicular
crossing of the utility right-of-way located more than 500 feet east
of Route 9, which is shown on the conceptual site plan. There shall
be no access maintained or created to the PDD from lands zoned residential
or residential conservation.
(3)
Notwithstanding the above limitation on access, access to Parcel
B for purposes of land maintenance and similar non-business uses conducted
by the owner of said land, his agents and invitees, shall be permitted
from State Route 9 by an existing private drive to Parcel B as shown
on the conceptual site plan.
E.
Area and bulk standards.
(1)
The following area and bulk standards apply to the PDD and supersede
any different or inconsistent area or bulk standards contained in
other sections of the Land Use Law. These area and bulk standards
are also depicted on the conceptual site plan.
(a)
Maximum structure height: 35 feet.
(b)
Minimum building setback: 95 feet from the front property line.
(c)
Minimum parking setback with landscaping: 15 feet from the rear
and side property lines and 15 feet from the front property line.
(d)
Minimum outdoor storage setback: 25 feet from the front property
line and 25 feet from the side and rear property lines.
(e)
Minimum landscaped buffer zone. For areas of the PDD on the
east side of State Route 9 which are within 500 feet of State Route
9, landscaped buffers shall be 15 feet in width from the front property
line and 15 feet in width from the side property line. Along the most
southerly boundary of the PDD, the landscaped buffer shall extend
at least 400 feet easterly from State Route 9. Along the Niagara Mohawk
right-of-way and along the most northerly boundary of the PDD, landscaped
buffer zones shall extend at least 500 feet easterly from State Route
9 and shall generally conform to the buffer zones shown on the conceptual
site plan.
(f)
Minimum open space. Minimum open space is comprised of environmentally
sensitive areas, minimum storage setbacks, minimum parking setbacks
or landscape buffer zones. No storage or any salvage-related use shall
occur in any minimum open space area. Notwithstanding the preceding
sentence, vehicles may be operated within the minimum storage setback
areas for the purpose of depositing or removing stored vehicles.
(2)
If at the time of enactment of this section, the owner of the
automobile salvage facility is not in compliance with this minimum
open space requirement, he will establish to the satisfaction of the
Planning Board during site plan review a schedule to bring the salvage
facility in compliance. This schedule shall be enforceable by the
Town to the same extent as any other site plan condition imposed by
the Planning Board.
F.
Compliance with other provisions. The uses within the PDD are subject to the supplementary regulations contained in Article IV pertaining to a CLI District unless different standards are contained in this section. The PDD shall meet all noise standards in Article IV applicable to residential districts.
G.
Limitation on stacking of vehicles. No stacking of vehicles shall
be permitted outside the proposed process area depicted on the conceptual
site plan.
H.
Continuation of nonconforming setbacks for parking. The Planning
Board shall, at the time of site plan review, authorize the continuation
of the nonconforming setback of the existing curbed parking lot in
front of the existing building on the east side of State Route 9 as
shown on the conceptual site plan.
I.
Planning Board considerations at site plan review.
(1)
At the time of site plan review, plans for the removal in accordance
with all local, state and federal law of the existing derelict structure
and any underground storage tanks or other improvements that may exist
on Parcel C and the redevelopment of Parcel C as an employee vehicle
parking area with NYSDOT approved access, if required, shall also
be submitted to the Planning Board at the time of application for
site plan review.
(2)
A part of the overall landscaping and fencing plan and schedule
submitted to the Planning Board at the time of application for site
plan review and approval of the proposed building expansion, a plan
and schedule for extension of the fence on the north boundary of the
PDD to at least the depth of front building setback. Such additional
fencing and installation of the required front landscaped buffer zone
shall occur within 18 months of site plan approval.
J.
Areas within the PDD where activity prohibited.
(1)
As indicated on the Conceptual Site Plan, there are no New York State Department of Environmental Conservation (NYSDEC) classified streams or wetlands within the Planned Development District to which NYSDEC regulations and/or the special permit requirements set forth in § 120-27 might apply. With respect to the low-lying drainage swale within the PDD, the other environmentally sensitive area and the buffer zones depicted on the conceptual site plan, all land use and development within the district, except for vehicle and scrap removal and erosion control activities, shall avoid disturbance to those areas.
K.
Handling of wastes.
(1)
All land uses and development within the PDD shall comply with
the requirements applicable to commercial/industrial generators of
solid and hazardous wastes with respect to storage, transportation
and disposal of such wastes. No on-site waste disposal shall be allowed,
except for burning of waste oil for heating purposes under a valid
NYSDEC permit or exemption from regulation.
(2)
All automotive fluids shall be removed from vehicles during
processing and prior to long-term storage, and all waste petroleum
or oils, gasoline, antifreeze or other automotive fluids shall be
consigned to a permitted waste hauler or transporter for proper off-site
disposal. At no time shall operations within the PDD District exceed
NYSDEC permitting thresholds for a waste tire storage facility in
the applicable DEC Part 360 regulations in effect on the date of enactment
of this section.
(3)
The owner of the salvage operation shall provide a sworn statement
to the Town of Stockport Code Enforcement Officer at the time of the
owner's annual renewal of his junkyard license, stating that
all fluids have been removed from all vehicles salvaged on the property
since the date of this section's enactment or the date of the
last license renewal, whichever is later.
(4)
As a condition of a junkyard license renewal, the owner of the
salvage operation shall, at the time of his application for renewal
of his junkyard license, provide the Town of Stockport Code Enforcement
Officer with copies of all manifests from waste haulers who, since
the date of this section's enactment or the date of the last
license renewal, whichever is later, have transported automotive fluids
removed from automobiles salvaged within the PDD.
L.
Restrictions on hours of operation. Due to the adjacency of the PDD
to dwellings and lands within the Residential District, the following
restrictions on the hours of business use shall apply:
(1)
Sunday operations shall not include outdoor dismantling or outdoor
processing of vehicles or car-crushing operations.
(2)
Car-crushing operations shall be limited to the period of 7:00
a.m. through 7:00 p.m., Monday through Friday.
(3)
No work either outside the enclosed building or beyond the process
area depicted on the conceptual site plan shall be permitted on any
day between the hours of 9:00 p.m. and 6:00 a.m. except for two-hour
towing.
A.
Legislative intent.
(1)
The Columbia Springs Planned Development District (CS-PDD) is
intended to be an integrated residential district allowing for greater
density than currently permitted under the zoning provisions in the
Town Code. The greater density will allow a significant portion of
the 128.71 acres comprising the CS-PDD to remain as open space. The
Columbia Springs Planned Development District will also incorporate
architectural design elements that will assure that the residences
constructed in the district will be consistent and in harmony with
the historical architecture in the hamlet of Stottville.
B.
Columbia Springs Planned Development District boundaries.
(1)
The boundaries of the Columbia Springs Planned Development District
are shown on the Land Use District Map that is part of this section,
and more specifically described in the Town of Stockport Local Law
No. 4 of 2011 "Exhibit "B," PDD Description.[2]
[2]
Editor's Note: Said map is included as an attachment
to this chapter.
C.
Open space.
(1)
No structure shall be constructed in the CS-PDD except in the
areas designated for construction in the Town of Stockport Local Law
No. 4 of 2011 "Exhibit "C" with the exception of park structures associated
with the use of the open space areas. Prior to final approval, the
developer shall convey a conservation easement designating the open
space areas in the CS-PDD to remain undeveloped in perpetuity. The
Planning Board shall determine the suitability of the entity receiving
the conservation easement. There shall be no variances granted from
this provision. The property owned by National Grid is exempt from
the provisions of this section, but only for the construction, maintenance,
repair, or replacement of structures and poles necessary for electric
utility purposes.
D.
Planning Board authority.
E.
Allowable uses.
(1)
The following uses as defined in Chapter 120 are allowed in the CS-PDD property owned by the developer:
(a)
Residential.
[1]
One-family dwellings.
[2]
Two-family dwellings.
[3]
Multiple dwellings.
[4]
Row or attached dwellings.
[5]
Accessory structures.
[6]
Open space park structures.
[7]
Public utility poles and structures incidental to the provision
of utilities to other permitted structures in the CS-PDD.
[8]
Low-impact home occupations.
F.
Minimum lot size.
(1)
Lots in PDD Area 1 of the CS-PDD shall be exclusively for townhouse
units with common party walls. There shall be no more than 36 townhouse
units in PDD Area 1, and each townhouse unit shall have a minimum
of 1,300 square feet of interior living space and shall be conveyed
as a separately deeded lot.
(2)
Individual lots in PDD Area 2 of the CS-PDD shall be a minimum
of 1/4 acre. They shall have a minimum street frontage of 60 feet,
and a minimum lot width of 60 feet.
G.
Architectural standards.
(1)
Any structure to be constructed in the CS-PDD, other than public
utility structures, shall be designed and constructed in accordance
with the architectural standards in Appendix A of this chapter.[3] The Town Building Inspector shall issue no building permit
or a certificate of occupancy for any structure that does not comply
with the architectural standards and no variance or waiver from those
standards shall be granted. Any building permit application shall
be accompanied by an authorization from the CS-PDD developer or the
CS-PDD homeowner's association stating that the building plans
conform to the architectural standards for structures in the CS-PDD.
Nothing in this section shall prohibit the CSPDD developer, a homeowner's
association, or a design review committee from independently enforcing
rules and regulations concerning compliance with the architectural
standards in Appendix A of this chapter.
[3]
Editor's Note: Appendix A is included as an attachment
to this chapter.
H.
Variances.
(1)
Because of the high density permitted in the CS-PDD, the planned
uniformity in appearance of the lots and structures within the CS-PDD,
no area variances will be allowed in the CS-PDD. Any area variance
would be substantial in effect and would have a significantly adverse
effect on the CS-PDD. The Town Board intends this section to supersede
the provisions of § 267-b of the Town Law which pertains
to the granting of area variances by the Zoning Board of Appeals.
I.
Issuance of building permits.
(1)
No building permit shall be issued for any structure in the
CSPDD unless the Town Board determines that the following conditions
have been met by the developer:
(a)
The CS-PDD is adequately serviced with public sewer and water;
(b)
The roads and sidewalks providing access to the CS-PDD have
been properly constructed, will provide safe access to the CS-PDD,
and will be adequately maintained;
(c)
The developer has created a homeowners' association approved
by the Attorney General's Office of the State of New York which
will be responsible for the maintenance of the common areas of the
CS-PDD.
J.
Unless otherwise provided herein, the provisions of this section
control and supersede inconsistent provisions contained in any other
law of the Town of Stockport.
A.
All development within the Flood-Fringe Overlay District, as mapped by the Federal Emergency Management Agency (FEMA), shall be subject to the special use permit procedure provided by Article V of this chapter, including those special design requirements stated in § 120-40 of that article, and shall meet all requirements of Chapter 68, Flood Damage Prevention, of the Code of the Town of Stockport and any amendments to it.
B.
No more than 25% of the required minimum lot area may be fulfilled
by land which is under water or subject to periodic flooding, as delineated
by the FF-O District. All minimum front, side and rear yard requirements
must be satisfied by measurement wholly on dry land, except that,
for purposes of this section, land which is covered by a stream less
than five feet in average width at mean water level or land covered
by a pond not exceeding 15 feet in greatest dimension or 150 square
feet in surface area at normal high water level shall not be considered
as being under water.
C.
All uses proposed within the Flood-Fringe Overlay (FF-O) District
shall be considered special permit uses subject to review by the Planning
Board for compliance with all flood damage prevention standards, and
shall be certified to by a registered architect or licensed professional
engineer.
D.
Any special permit issued for a use proposed within the Flood-Fringe
Overlay District shall include as a condition the additional requirement
that certification by a registered architect or licensed professional
engineer of as-built compliance with the approved plans be submitted
to the Town Code Enforcement Officer prior to either use of the property
or the issuance of a certificate of occupancy for the intended use
or structure. This certification shall be maintained by the Code Enforcement
Officer as a permanent public record available for inspection.
A.
Purpose. The purpose of this article is to create within the Town a zoning district specifically for locating high-density, senior citizen housing that would otherwise be prohibited under Chapter 120.
B.
Definitions. Unless defined differently in this article, all terms have the same meaning as they do in the provisions of Chapter 120.
C.
Use restrictions. This zoning district shall be restricted to and
used only to provide affordable senior citizen housing for individuals
and couples with at least one partner 62 years of age or older or
for an "individual with a disability" or an "individual with a handicap"
as those terms are defined in Title 7, Section 1944.205, of the Code
of Federal Regulations.
D.
Minimum lot size and coverage. Senior citizen housing must be constructed
on a lot with a minimum size of two acres. The maximum lot coverage
for any senior citizen housing complex shall be 60% of the total lot
area. This lot coverage limitation includes in its calculation structures,
parking areas, and outdoor storage areas.
E.
Additional district reviews.
(1)
A senior citizen housing complex is a permitted use if located wholly
within the Senior Citizen Overlay District (SC) shown on the adopted
Land Use District Map.
(2)
Regardless of its location, a senior citizen housing complex is subject to site plan review by the Stockport Planning Board pursuant to Article VI of this chapter. The site plan review shall take into consideration that requirement that the impact of a senior citizen use shall be substantially equivalent to those impacts produced by uses otherwise allowed for land within the base zoning district. During review, impacts shall be considered related to the type of living units, number of living units, number of residents, and the demand on public facilities and services generated. The design and operating characteristics of the senior use shall be compatible with and will not adversely affect the livability or appropriate development of abutting properties and the surrounding neighborhood. Consideration shall be given to harmony in scale, bulk, coverage, and density; to harmful effect, if any on desirable neighborhood character; and to the generation of traffic and capacity of surrounding streets.
F.
Setbacks. There shall be a minimum side yard setback of 20 feet.
There shall be a minimum rear yard setback the depth of which is at
least 25 feet. There shall be a minimum front yard setback of 10 feet.
The Planning Board may as a condition of its site plan review require
landscaping and/or protective plantings within these setback areas,
and planting or landscaping must be designated on any final site plan
approved by the Planning Board.
G.
Parking.
(1)
There shall be 1 1/2 parking spaces for each dwelling unit and additional adequate parking as determined by the Planning Board for employees, delivery vehicles, and nonresidents. Parking spaces shall otherwise conform to the requirements of § 120-23. There shall be provided such space as necessary for adequate ingress, egress and turning.
(2)
Parking spaces within 10 feet of any wall that contains windows
other than a bathroom window with a sill height of less than eight
feet above the level of the parking space shall be prohibited. The
Planning Board may require protective plantings between the parking
area and the residential complex.
(3)
Ten percent of such spaces shall be designated handicapped parking
stalls.
H.
Outdoor public area.
(1)
Two hundred twenty five square feet of usable, maintained space
per dwelling unit shall be provided within the boundaries of the housing
complex property as contiguous outdoor public space. This space shall
be landscaped and contain seating areas for the use of the complex
residents. It shall provide a mixture of shaded and sunny areas for
the use and enjoyment of the senior citizens in the spring, summer
and fall. The site plan shall contain a detailed depiction of the
outdoor public area, and the applicant for the construction of the
senior citizen housing complex shall demonstrate to the satisfaction
of the Planning Board plans for the continued maintenance of the outdoor
public area.
(2)
The outdoor public area shall not be adjacent to the parking
area and shall be exclusive of walks, parking, roadways, and setbacks.
I.
Indoor recreational space. There shall be provided not less than
10 square feet of usable indoor recreation area per dwelling unit.
J.
Trash, storage and service areas. Trash, storage and/or service areas
shall not be located or operated in such a manner as to be detrimental
to the visual quality of the primary use nor to negatively impact
adjacent properties by means of noise, odor, appearance, or other
characteristics. In approving such areas, the Planning Board may impose
buffer zones consisting of walls, landscaping, berms, or any combination
thereof.
K.
Lighting. All parking areas and walkways shall be provided with suitable
lighting so arranged as to direct light away from adjoining lots in
any residence district and away from any public street.
L.
Sewer and water. No use permit shall be issued to a senior citizen
housing complex unless the complex is in an area serviced by municipal
water and sewer lines. No building permit shall be issued to for the
construction of a senior citizen housing complex until the permit
applicant has provided the Town or its designee with written documentation
from the appropriate governmental body determining that the complex
and its residents will be supplied with a safe and adequate water
supply and that the sewage disposal plan for the complex meets all
federal, state and local laws and regulations.
[Amended 5-22-2002 by L.L. No. 2-2002]
N.
Height restrictions. No building shall be greater than 2 1/2
stories high and in no event greater than 35 feet high.
O.
Use of basement or cellar space. No basement or cellar shall be occupied
as living or sleeping quarters.
P.
Laundry facilities. All senior citizen housing complexes shall provide
laundry facilities to accommodate the number of units proposed within
the complex. The minimum number shall be one washer and one dryer
per each 10 units, with a complex minimum of two washers and two dryers.
Q.
Applicability of other provisions. Unless inconsistent with the provisions
of this article, all other provisions of the Code of the Town of Stockport
apply to uses within the Senior Citizen District.
R.
Accessory structures. Accessory structures may not occupy more than
40% of the area of the rear yard and not more than 15% of the total
lot area, to an average height of not more than 20 feet.
S.
Density. No dwelling complex authorized hereby shall be erected or
altered to accommodate or make provision for more than 25 dwelling
units per acre or more than a proportionate number of dwelling units
on any fractional part of an acre, and for the purpose of this section,
a dwelling unit shall be such combination of rooms with provisions
for living, cooking, sanitary and sleeping facilities for one or two
individuals.
T.
Design standards for senior citizens housing shall be specifically
designed for the elderly and include facilities generally associated
with the needs and interests of aged persons. Such facilities shall
include safety bars and rails in units, emergency signal system, adequate
exterior lighting for security, ramps and other provisions required
for elderly persons by state law or federal regulation.
U.
Senior citizen use guarantees. Prior to occupancy of any parcel developed
pursuant to the senior citizen overlay district, the project's
sponsor shall provide documentation limiting the use of the project
to senior citizen housing or for an "individual with a disability"
or an "individual with a handicap" as those terms are defined in Title
7, Section 1944.205, of the Code of Federal Regulations, exclusively
and vesting in the Town the right to enforce such limitation until
and unless it determines that any proposed alternate use complies
fully with regulations pertaining to the underlying district. Such
documentation may consist of subdivision dedication, covenants, or
conditions and restrictions pertaining to the parcel or a recordable
use restriction. Any such documentation shall be in a form satisfactory
to the Town Attorney.
V.
Application procedures submittal requirements for zoning permits
or special use permits shall be the same as those provided for in
this chapter for other special use permits, zoning permits, or site
plan reviews.
A.
Siting requirements. All adult entertainment establishments as defined
and mapped in this chapter are allowed in the Adult Entertainment
Overlay District upon the granting of site plan approval and a special
permit by the Planning Board. All adult entertainment uses shall comply
with the following requirements:
(1)
No adult entertainment establishment shall be located within
the following designated areas:
(a)
Within 500 feet from the nearest boundary line of any residential
zoning district.
(b)
Within 1,000 feet from the nearest property line of any public
or private school, any municipal building open to the general public;
any church or other religious facility; any public park or recreation
area and any principal or accessory private recreational facility
use; and any group day-care center, family day-care center, nursing
home and hospital.
(c)
Within 1,000 feet from the nearest property line of any other
entertainment establishment.
(2)
Not more than one adult entertainment use or adult business
uses shall be located in the same building or upon the same lot or
parcel of land.
(3)
Adult entertainment uses shall be on a minimum parcel size of
three acres and have a maximum building footprint of 10,000 square
feet.
(4)
All adult entertainment uses shall have a two-hundred-fifty-foot
front setback.
B.
Additional siting requirements:
(1)
The Planning Board may require complete screening of the building
containing an adult entertainment use from all adjacent roads. Such
screening may be a vegetated buffer or fencing appropriate to the
character of the area.
(2)
An adult entertainment use shall not be allowed within a building
containing other retail, consumer or residential uses, or within a
shopping center, shopping plaza, or mall.
(3)
The appearance of buildings for adult uses shall be consistent
with the appearance of buildings in similar (but not specifically
"adult") use, and not employ unusual color or building design which
would attract attention to the premises.
(4)
There shall be screening of windows and doors to prevent the
public's view of the interior from any public or private right-of-way
or abutting property.
C.
Sign requirements.
(1)
Sign content shall identify the name of the establishment only
and shall contain no advertisement in addition to the identification
of the use. Only one identification sign to be mounted on the building
wall face shall be allowed for an adult use. All other signs, whether
on the exterior of the building or visible from the exterior of the
building, are prohibited.
(2)
No adult entertainment establishment may have any flashing lights
visible from outside the establishment. Furthermore, no sign shall
rotate or contain reflective or fluorescent elements.
(3)
No pictures, publications, videotapes, movies, covers or other
advertising items that fall within the definition of an adult bookstore,
adult entertainment use, adult motion-picture theater, adult paraphernalia
store, adult paraphernalia store, or adult video store shall be displayed
in the windows of, or on the building of, any adult entertainment
use establishment.
D.
A site plan shall be prepared and submitted to the Town of Stockport Planning Board in accordance with Article V and VI of this chapter. The site plan shall also show the appropriate distances between the proposed adult entertainment establishment and any residential zoning district, public or private school, church or other religious facility, public park or recreation area, group day-care center, family day-care center, nursing home and hospital, municipal building, and any other adult entertainment establishment(s).
E.
All applications for a special permit to the Planning Board must
include the following information:
(1)
Names and addresses of the legal owner(s) of the adult entertainment
use.
(2)
Name and addresses of all persons having a fee, equity and/or
security interest in such establishment. In the event a corporation,
partnership, trust or other entity is listed, the name and address
of every person who has an ownership interest and/or beneficial interest
in the entity must be listed in order that the Planning Board will
know who the persons are who will actually own and control the establishment.
F.
Special permits shall be granted for adult entertainment uses only
upon determination by the Planning Board that the location and design
of the facility are in harmony with its surroundings.
G.
In approving a special permit, the Planning Board may attach such
conditions, limitations and safeguards as are deemed necessary to
protect the immediate area and the Town; provided, however, that no
such conditions in fact prohibit the use of the property for the use
intended. Conditions of approval may include but are not limited to
the following:
(1)
Street, side or rear setbacks greater than the minimum required
by this bylaw.
(2)
Screening of parking areas or other parts of the premises from
adjoining premises or from the street, by walls, fences, planting,
or other means.
(3)
Modification of the exterior features or appearances of the
structure.
(4)
Regulation of number, design and location of access drives or
other traffic features.
