[Added 9-27-2017 by L.L.
No. 4-2017]
A.
The purpose of the Main Street/Neighborhood Center Overlay District
(MS/NC) is to:
(1)
In certain specified areas, transition existing land uses and
site designs that are permitted in underlying existing zoning districts
to land uses and site designs that are consistent with the provisions
of this article, without adversely affecting existing use and development
rights;
(2)
Promote a mixture of complementary land uses that includes housing,
retail, offices, commercial services, and civic uses, to create economic
and social vitality and to encourage the linking of trips.
(3)
Develop commercial and mixed-use areas that are safe, comfortable,
and attractive to pedestrians.
(4)
Provide flexibility in the siting and design of new developments
and redevelopment to anticipate changes in the marketplace.
(5)
Reinforce streets as public places that encourage pedestrian
and bicycle travel.
(6)
Provide roadway and pedestrian connections to residential areas.
(7)
Encourage efficient land use by facilitating compact, high-density
development and minimizing the amount of land that is needed for surface
parking.
(8)
Facilitate development (land use mix, density, and design) that
supports public transit, where applicable.
(9)
Maintain mobility along traffic corridors and state highways.
A.
Applicability of this article. The provisions of this article shall
apply to any property within the MS/NC Districts with respect to which
an applicant elects to proceed with development or use of such property
in accordance with the provisions of this article.
(1)
Such election shall be made in writing on a form prescribed
by the Planning Board, signed by the owner of the property.
(2)
Once such election is made and the property is used or developed
in accordance with the provisions of this article, such election shall
be irrevocable, and the provisions of this article shall be deemed
to have superseded any inconsistent provisions applicable in the underlying
zoning district with respect to such property.
B.
Inapplicability of this article. Except to the extent a previous election has become irrevocable pursuant to § 270-53.21A(2), above, the provisions of this article shall not apply to any property within the MS/NC Districts with respect to which an applicant does not elect to proceed in accordance with the provisions of this article. In such cases, the provisions of the underlying zoning district shall remain in effect.
Where an election has been made to proceed under this article in accordance with § 270-53.21, the following principal uses are permitted as of right in the MS/NC District subject to site plan approval by the Planning Board:
A.
Mixed-use developments containing a nonresidential use listed in
this section and upper-story residential unit(s).
B.
Retail sales and service under 5,000 square feet gross floor area.
C.
Sit-down restaurants and taverns.
D.
Professional offices.
E.
Professional clinics.
F.
Indoor theaters, dance studios, assembly halls, game rooms, billiard/pool
parlors, bowling alleys and similar establishments.
G.
Personal service shops, including but not limited to barbershops,
shoeshine shops, beauty parlors, dry-cleaning and laundry pickup,
delivery shops, and card shops.
H.
Public parks, playgrounds and other municipal recreational uses.
I.
Public libraries and museums.
Where an election has been made to proceed under this article in accordance with § 270-53.21, the following special uses may be permitted in the MS/NC District:
A.
Public and private schools.
B.
Preschools and day-care centers.
C.
Retail sales over 5,000 square feet and less than 10,000 square feet
gross floor area.
D.
Hotels/motels.
E.
Private clubs and religious institutions.
F.
Operations involving the repair, reconstruction, analysis or inspection
of computers, electronic and communications equipment and similar
components, provided that no manufacturing is performed and all operations
are conducted within a completely enclosed building.
G.
Disturbance on a wetland or watercourse area of any class or in a
wetland or watercourse buffer area as defined in this chapter.
H.
Brewpubs,
microbreweries, microcideries, microwineries and microdistilleries.
Brewpubs, microbreweries, microcideries, microwineries and microdistilleries,
however, must comply with the following:
[Added 5-24-2023 by L.L. No. 5-2023]
(1)
Each brewpub, microbrewery, microwinery, or microdistillery shall
manufacture and sell alcoholic beverages in accordance with the provisions
of the New York State Liquor Authority and shall maintain current
licenses as required by said agency.
(2)
No outdoor storage shall be permitted.
(3)
All malt, vinous or distilled liquor production shall be within completely
enclosed structures.
(4)
By-products or waste from the production of malt, vinous or distilled
liquor shall be properly disposed of off the property.
(5)
The emission of odors or smells in such quantities as to produce
a public nuisance or hazard is not permitted.
(6)
Excessive noise in violation of Chapter 188 is prohibited and may result in revocation of the special use permit.
(7)
Food cart vendors are permitted on-site only by permission of the
Planning Board.
(8)
Hours of operation shall be addressed during site plan review.
Where an election has been made to proceed under this article in accordance with § 270-53.21, accessory uses in the MS/NC District shall be limited to following:
Where an election has been made to proceed under this article in accordance with § 270-53.21, the maximum building height shall be three stories, not exceeding 45 feet.
Where an election has been made to proceed under this article in accordance with § 270-53.21, the minimum lot area required for each principal use is 15,000 square feet, with a minimum lot width of 100 feet.
Where an election has been made to proceed under this article in accordance with § 270-53.21, lot coverage shall not exceed 60% for principal and accessory buildings.
Where an election has been made to proceed under this article in accordance with § 270-53.21, the following shall apply:
The intent of the MS/NC District is to encourage shared parking, to reduce vehicular trips, and to reduce the impact on the primary road network. Where an election has been made to proceed under this article in accordance with § 270-53.21, the following shall apply:
Where an election has been made to proceed under this article in accordance with § 270-53.21, street trees shall be planted in sidewalk cutouts where on-street parking is provided and shall be protected by tree grates or granite tree surrounds. Street tree spacing shall be determined through site plan review.
Where an election has been made to proceed under this article in accordance with § 270-53.21, the following design guidelines shall apply;
A.
Where applicable, cornices (e.g., building tops or first-story cornices)
shall be aligned to generally match the height(s) of those on adjacent
buildings.
B.
Building height transitions or step-downs shall be provided when
adjacent to residential or small-scaled uses, as shown in the figure
below.
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FIGURE 1
 BUILDING HEIGHT TRANSITION
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C.
All building entrances, pathways, and other pedestrian areas shall
be lit using pedestrian-scale lighting to two footcandles measured
at ground level (e.g., wall-mounted lighting, sidewalk lamps, landscape
up-lighting, and similar features).
D.
The building(s) shall have at least one primary entrance facing a
street.
E.
Building entrances shall open directly to the outside; every building
shall have at least one entrance that does not require passage through
a parking lot or garage to gain public access; corner buildings shall
have corner entrances whenever possible.
F.
Windows shall be provided along at least 60% of the building's facade.
G.
Pedestrian facilities shall connect the development to adjacent land
uses and provide connections through the development to the public
street right-of-way.
H.
Public entrances shall be provided with weather protection (e.g.,
awnings, canopies, or similar features). During site plan review,
consideration shall be given to appropriate pedestrian amenities (e.g.,
street tree well cutouts, space for outdoor seating, bus waiting areas,
trash receptacles, newspaper vending machines, benches, mailboxes,
sidewalk displays, public art, and similar features).
I.
To the extent practicable, all electric, telephone, cable, and similar
utility lines servicing a site shall be located underground.
J.
Parking and vehicle drives shall be located away from building entrances
to the maximum extent practicable and generally not between a building
entrance and the street.
K.
Drive-through facilities are prohibited.
L.
Surface parking shall be oriented behind or to the side of a building
when possible, and parking shall not be located on street corners.
M.
Landscape buffering shall be provided between parking lots and all
adjacent sidewalks.
N.
Credit for on-street parking. The amount of required off-street parking
shall be reduced by one off-street parking space for every on-street
parking space adjacent to the development. On-street parking shall
follow the established configuration of existing on-street parking,
subject to Town, county, and NYSDOT standards, except that angled
parking may be allowed for some streets, as approved by the Planning
Board. The configuration of on-street parking and allowable credit
toward off-street parking requirements shall be addressed during site
plan review. The Town shall maintain a written record of credits granted
for each use.
O.
Reduce or waive minimum off-street parking standards. The applicant
may request a reduction to or waiver of parking standards based on
a parking impact study. The study allows the applicant to propose
a reduced parking standard based on estimated peak use, reductions
due to easy pedestrian accessibility, availability of transit service,
likelihood of car pool use, adjacent on-street parking, and potential
for shared parking. Shared parking means that multiple uses share
one or more parking facilities. Parking demands must peak during different
times of the day. The parking study is subject to review and approval
or modification by the Planning Board.
P.
Maximum parking ratio. Surface parking shall not exceed 125% of the
minimum parking requirement for the subject land use(s). Exemptions
to the standard can be approved through site plan review for developments
that provide parking structures or shared parking that is intended
to be available for public use.
Q.
Bicycle parking. Bicycle parking shall be provided in an amount and
in location(s) determined by the Planning Board during site plan review.
R.
The figures below depict a streetscape and neighborhood plan consistent
with the aims of the MS/NC District.
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FIGURE 2
 STREETSCAPE WITH BUILDING ENTRIES, WINDOWS, WEATHER PROTECTION,
STREET FURNISHINGS AND TREES
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