City of Townsville, NY Zoning

ATTACHMENTS

How to use this Ordinance

Article I Town Center Districts

§ 325-1 Introduction.

§ 325-2 Regulating Plan.

§ 325-2.1 Zone Overviews.

§ 325-3 Form standards.

§ 325-4 Torres Town Center

§ 325-5 Broadway Corridor.

§ 325-6 Dimensional standards.

§ 325-7 Measurements and exceptions.

§ 325-8 Board of Appeals; variances.

Article I Town Center Districts

[Added 3-16-2015 by L.L. No. 4-2015]

§ 325-1 Introduction.

The Townsville City Center Plan.

Figure 1.1. Conceptual rendering of Townsville Country Road, as envisioned in the Townsville City Center Plan, includes on-street parking and retail shopfronts in a more pedestrian-oriented environment.

Figure 1.2. Partial conceptual plan rendering of Townsville City Center, depicting new infill development, linear parks and a parking garage around the mall.

Figure 1.3. Conceptual perspective rendering of Townsville City Center, depicting the potential of a vibrant new mixed-use neighborhood of shops and apartments.

In 2011, the Town of Townsville sought to develop a consensus vision for the look, feel and function of a future "Town Center" in its existing Exit 9 commercial area. Funding for this effort was provided by the Capital District Transportation Committee (CDTC).

Town officials, with the assistance of planning consultants, worked to imagine how this neighborhood could evolve over time with redevelopment into a more-attractive mixed-use commercial center of activity. The goal was to create a rich atmosphere which was pedestrian and bicycle friendly and the "heart" of the community.

Two public workshops were held to invite local residents, business owners and landowners to discuss what they would like to see. The result of these dialogs was used to shape a guidance document titled "The Townsville City Center Plan," which was adopted in April of 2012.

Amended 1-12-2020 by Ord. No. 2020-01

How and why this code was created.

It was understood that in order to realize the ideas and visions outlined in the Townsville City Center Plan, the existing zoning for this area of town would need to be reconstructed, and consensus built among local residents and property owners about how it should work. A form-based zoning approach was chosen because it utilizes graphics to explain what the desired form and appearance of development should be with an eye toward creating beautiful places and a streamlined development review process which encourages revitalization. With the assistance of additional funding by the CDTC, the follow-up work was commenced in 2013 to develop a new form-based zoning code which would allow and encourage the type of redevelopment outlined in the Town Center Plan.

Two additional public workshops were held to discuss the specific ideas and approaches to this form-based zoning. The input received from the public, Town officials, landowners and business owners was used to shape this new zoning code.

It is our hope that this work will, over time, help the Townsville City Center to evolve into a vibrant, attractive, mixed-use shopping destination for all to enjoy.

§ 325-2 Regulating Plan.

Regulating Plan interpretation.

The Regulating Plan is intended as a general guide to the desired future development patterns within the Town Center. To provide for design creativity and flexibility, some elements of the plan are intended only as a suggested outcome and should not be interpreted literally or strictly required. These include:

The location and extent of public/open space.

The location of future new roads, service alleys, multi-use paths, transit stops and recommended tower designs.

Other elements of the Regulating Plan, however, are intended to be maintained as shown, as follows:

The location and boundaries of each development zone TC1 thru TC6, and the Design Overlay.

The general location or orientation of required storefronts, where they provide direct facade frontage along a public or private street.

Zones.

The Townsville City Center Zoning hereby establishes the following development zones, as shown on the Regulating Plan and the Town of Townsville Zoning Map, as amended herein:

TC6 - Boulevard. The Boulevard Zone is intended to define the character of the primary boulevard through the Town Center. This boulevard is designed to showcase the large lawns, shade trees, planted medians and a multi-use path as a "parklike" setting, fronted on either side by continuous shopfronts, sidewalks and outdoor patios. Bisecting Route 146 with gateway median designs and architectural tower elements, it seeks to attract visitors into the Town Center neighborhood. Mixed-use buildings up to five stories, with residential dwelling units only permitted above commercial space.

TC5 - Neighborhood. The Town Center Neighborhood Zone is intended to be the core pedestrian shopping area and mixed-use neighborhood. A network of side streets with wide sidewalks, street trees and commercial shopfronts served by on-street parking, hidden parking lots and garages tucked within the center of the blocks. Three-story mixed-use buildings, with residential dwelling units only permitted above commercial space. Provides incentives to permit up to five-story buildings in return for providing structured parking.

TC4 - Transition. The Transition Zone is intended to create a transitional zone to outlying areas of the Town Center and neighboring residential areas. Three-story buildings with primarily commercial office uses, with some limited retail and residential uses.

TC3 - General. The General Zone is intended to allow for more suburban lot configurations of commercial and office uses along the Route 146 corridor which would not be suitable for the central neighborhood portions. Three-story buildings.

TC2 - Edge. The Edge Zone is intended to create a transitional zone between the central commercial districts and the outlying residential areas with lower-intensity development and shorter building heights. Three-story buildings, primarily residential in nature, but does allow for some limited supporting commercial uses as part of the development.

TC1 - Highway. The Highway Zone is intended to allow for more suburban lot configurations of commercial and office uses along the Northway corridor which would not be suitable for the central neighborhood portions. Emphasis is placed on providing attractive architecture which will be viewed from both the front and the back, with increased tree buffers, landscaping and architectural standards along the Northway frontage to maintain an attractive presence along the highway.

OS - Open Space. The Open Space Zone represents the goal of providing attractive landscaped or natural areas with trees, landscaping and buffers where possible which will enhance the overall visual appeal of the Town Center for the benefit of everyone. This zone is intended to suggest and promote areas for small parks, trails, open lawns, watershed management and recreational areas for the future use and enjoyment of shoppers and residents. This zone is not intended to require any specific property to be set aside as open space. Green lawns, shade trees, playgrounds, picnic areas, multi-use paths and attractive landscaping are to be considered as goals and determined on a project basis during development review. Once designated on an approved plan, no commercial or residential uses are permitted. The Open Space Zone boundaries are representational of the amount and general location of open space, buffer or amenity area to be set aside from a Master Plan perspective. The actual location, extent, design, level of improvement and management (public, private, nonprofit) shall be determined as part of the design development review for the parcel(s).

DO - Design Overlay. The Design Overlay is an overlay district to address areas outside of the original Town Center Master Plan that are logical extensions of the Town Center area but which have not been master-planned. Development projects in this area are required to go through the full design development review process in order to ensure proper development. A collaborative design development review process under the Design Overlay shall include the property owner(s)/contract vendee, the Town Technical Advisory Committee, the Town-designated engineer, and the Town-designated design professional to determine how to best advance the recommendations of the Townsville City Center Master Plan and the project development plan. The permitted uses of the underlying zoning districts may be modified through the planned development district process pursuant to the objectives of Article XI, Planned Development Districts. This collaborative process shall include consideration for connecting Moe Road to Maxwell Road Extension, multi-use pathway connections to Moe Road, Collins Park and to the Townsville-Halfmoon Library and set aside of approximately 30% of the property as public open or civic space, which may include multipurpose paths, connector roads, green infrastructure/stormwater management areas, and pocket parks and greens. The underlying zone designation per the Regulating Plan will not become effective until conclusion of the full design development review process.

[Amended 11-9-2015 by L.L. No. 12-2015]

Allowable uses.

The allowable uses in each development zone are as set forth in Table 3-1, Allowed Uses.

TABLE 3-1 Allowed Uses
Use Type(See Definitions)		TC6 Boulevard	TC5 Neighborhood	TC4 Transition	TC3 General	TC2 Edge	TC1 Highway
Commercial	Animal, pet grooming	●	●				●
	Animal, veterinary services	●	●		●		●
	Assembly or auditorium, indoor	●	●		●		●
	Automotive, fuel sales
	Automotive, service or wash
	Automotive, sales
	Bank	●	●	●	●	●	●
	Bank, drive-thru	○	○	●	●	●	●
	Bar or tavern	●	●
	Club, live performance
	Club, indoor	●	●		●		●
	Commercial amusement, indoor	●	●		●		●
	Dry cleaning	●	●	●			●
	Home occupation	○	○	○		○
	Hotel	●	●				●
	Laundromat	●	●	●			●
	Medical services, outpatient	●	●	●			●
	Office	●	●	●	●	●	●
	Personal care	●	●		●	○
	Repair and maintenance, light	●	●		●		●
	Restaurant	●	●			●
	Restaurant, drive-thru	○	○		●
	Restaurant, outdoor seating	●	●		●
	Retail	●	●		●	○	●
	Retail, drive-thru	○	○		●		●
	Retail, outdoor display
Residential	Nursing home	●	●			●
	Residence, multifamily					●
	Residence, mixed-use multifamily	●	●	●		●
	Senior housing			●		●
Civic/Public	Cultural center	●	●		●	●	●
	Day-care home	●	●	●		●	●
	Municipal office or public safety facility	●	●		●		●
	Parking, structured above-grade	○	○		●		○
	Parking, structured below- or at-grade	●	●	●	●	●	●
	Public open space or park	●	●	●	●	●	●
	Religious facility	●	●	●	●	●	●
	School, nursery or K-12	●	●	●
	School, vocational		●		●		●
	Transit node	●	●	●	●	●	●
	Transit hub	○	○				○
	Utility, telecommunication tower	○	○	○	○	○	○
	Utility, general public service	○	○	○	○	○	○

Notes:
●	=	Use permitted
○	=	Special permit.
Uses not listed, or blank cells, indicate use not permitted. Some not-permitted uses are still listed in order to avoid ambiguity with similar functions. See 280-22, Subsection 5, for special permit use considerations.

§ 325-2.1 Zone Overviews.

TC6

Boulevard Zone Overview

The primary intent of this zone is to create an attractive entrance and boulevard route into and through the Town Center neighborhood, as a transition from the larger Route 146 to the smaller side streets.

Along Townsville Country Road, a revitalized streetscape of trees, decorative lighting, landscaped multi-use path and sidewalks will be framed by inviting and attractive architecture. Existing front parking lots will gradually be transformed into attractive community and economic amenities, from outdoor patios and cafes to well-designed and interesting facades, where each building offers an attractive and inviting view of the ground-floor activities within. From storefront window displays, to outdoor dining areas amidst beautiful landscaping, as one travels from building to building and business to business, there is a continual offering of design elements to engage one's interest.

Illustrative example of buildings and site arrangements in the TC6 Boulevard Zone.

Form

Building Placement and Front Yard Design
Build-to Line (Distance from Property Line)
Front	41'
Sidewalk width	8' min.
Landscaped Terrace width	15' min.
Multi-Use Path width	8' per NYSDOT Standards
Tree Lawn width	10' min.
Pedestrian Footway width	3' min. 5' max.
Side Street	0'
Frontage Width % at BTL
Front	80% min. preferred
Side Street	30% min. preferred
Corner Properties: Both street facades must be built to the BTL for the first 30' from the corner of the building.
Setback (Minimum Distance from Property Line)
Side	0'
Rear	5'
Lot Configuration
Width	150' min.
Depth	300' min.
Greenspace Goal	10% min.
Footprint
Depth, ground-floor commercial space	Main Building, 40' min.; Ancillary Building, 20' min.

Building Form
Height
Main Building	22' min.
	5 Stories max.¹
Ancillary Building	3 Stories max.¹
Ground-Floor Finish Level	6" max. above sidewalk
Ground-Floor Commercial Ceiling	14' min. clear
Upper-Floor(s) Ceiling	9' min. clear
¹See definition of "Story" in Definitions
Allowed Building Types (See § 208-24, Subsection 1)
▪ Commercial Block	▪ Liner Building
▪ Civic Building	□ Live-Work Unit
□ Duplex/Triplex/Fourplex	□ Townhouse/Rowhouse
▪ Drive Thru
Allowed Frontage Types (See § 208-24, Subsection 2)
▪ Shopfront	▪ Gallery
▪ Forecourt	□ Stoop
□ Porch
Allowed Use Types (See § 208-22, Subsection 4)
Ground Floor	Service, Retail, or Recreation, Education and Public Assembly
Upper Floor(s)	Residential or Service

Parking and Encroachments

Parking (See § 208-26 for general standards)
Parking Location (Distance from Property Line)
Front Setback	80' min.
Side Street Setback	5' min.
Side Setback	0' min.
Rear Setback	5' min.
District Specific Parking Req. (See § 208-26 for general standards)
Parking Drive Width	24' max. (2-way), 15' max. (1-way)
No parking spaces are required for Ancillary Buildings that are < 500 sf.
Parking must be provided on-site, off-site within 1,300', or as part of a district-wide parking management strategy.

Allowed Encroachments (See § 208-24, Subsection 3)
Balconies, Bay Windows, Awnings, etc.
Front	12' max.
Side Street	8' max.
Rear	4' max.
Miscellaneous
Only one Main Building and one Ancillary Building may be built on each lot.
Where a building facade steps back or is absent from the BTL, the BTL should be maintained and defined by fence, landscape wall or hedge 30"-54" high.
All buildings must have a primary entrance along the front facade.
Loading docks, overhead doors and other service entries shall not be located on street-facing facades.
A clear, designated pedestrian way(s) shall be provided from parking areas. Building entrance from parking areas shall provide attractive, welcoming architectural entry treatments.

§ 325-3 Form standards.

Building types.

Buildings in new construction shall generally conform with the basic building types set forth in this section and illustrated on the following pages.

(1)

The building types defined in this section should be used as a general guide to the desired form and function of new buildings within the Townsville City Center. The illustrations and photographs provided are for illustrative purposes only and should not be interpreted literally, especially with regard to architectural styles.

Building types set forth in this section include: Commercial Block, Liner Building, Civic Building, Townhouse/Rowhouse, Duplex/Triplex/Fourplex, Live-Work Units, and Ancillary Buildings.

Frontage types.

Building frontages in new construction shall generally conform with the basic frontage types set forth in this section and illustrated on the following pages.

(1)

The frontage types defined in this section should be used as a general guide to the desired public spaces within the Townsville City Center. The illustrations and photographs provided are for illustrative purposes only and should not be interpreted literally, especially with regard to architectural styles.

Frontage types set forth in this section include: Shopfront, Gallery, Forecourt, Stoop, and Porch.

Appurtenances.

Building appurtenances, such as porches, awnings or balconies, may encroach into setback areas follows, except as may be limited by district-specific maximums for front-, side- or rear-facing facades:

Awnings. Awnings may extend into a required setback. Awnings may extend into a public right-of-way, provided they extend no closer than three feet from the edge of the street or road.

(1)

All awnings shall provide a minimum clearance underneath of at least eight feet and shall be a minimum depth of four feet.

Balconies. Balconies may extend into a required setback, provided they extend no closer than four feet from a lot line. Balconies may extend into a public right-of-way, provided they extend no closer than three feet from the edge of the street or road.

(1)

All balconies shall provide a minimum clearance above the sidewalk of at least 10 feet and shall be a minimum depth of four feet.

Galleries. Galleries may extend into a required setback. Galleries may extend into a public right-of-way, provided they extend no closer than three feet from the edge of the street or road.

(1)

Galleries should extend contiguously along at least 50% of the building facade frontage.

(2)

All galleries shall provide a minimum clearance above the sidewalk of at least 10 feet and shall be a minimum depth of eight feet.

Porches. Porches on a front facade shall be a minimum of six feet in depth clear from the face of the facade to the railing and shall extend no less than 50% of the width of the facade.

(1)

Porches may extend up to nine feet into a required setback.

(2)

Porches shall not extend any closer than three feet from any lot line or public right-of-way.

Stoops. Stoops may extend into a required setback, provided they extend no closer than four feet from a lot line. Stoops may not extend into a public right-of-way.

(1)

Stoops shall be no more than six feet deep, not including steps.

(2)

Stoops may include an overhead awning above but shall not be enclosed on the sides.

Building eaves, cornices, roof overhangs and light shelves may encroach up to two feet into setback areas, provided they are no closer than five feet from any property line.

Bay windows, chimneys and entry vestibules or columns may encroach up to three feet into setback areas, provided the area is no wider than eight feet and no closer than five feet from any property line.

Outdoor dining and patio areas may encroach into setback areas, provided they are at grade or within two feet of grade level.

Building Types Overview

Commercial Block

Examples

Large shopfront windows and seating areas in front of the building help to provide for an active streetscape.

A street of commercial buildings of varying heights and widths.

Typical large commercial block building with simple massing, regular spacing of doors and windows, and a tall ground floor.

Description
The Commercial Block building type is a small to large-sized structure, typically attached, that provides a vertical mix of uses with ground-floor commercial, service, or retail uses and upper-floor commercial, service, or residential uses. Smaller versions of this type make up the primary component of a neighborhood main street, while larger versions make up the primary component of downtown, therefore being a key component to providing walkability.

Allowed Frontage Types
▪ Shopfront	▪ Gallery
▪ Forecourt	□ Stoop
□ Porch
Allowed Appurtenances
▪ Awnings	□ Porches
▪ Balconies	□ Stoops
▪ Galleries	▪ Courtyards

Liner Building

Examples

The liner buildings along the primary street frontage screen a parking garage podium and create a street edge that engages the pedestrian realm.

Liner buildings screen views of the large-format retail and parking garage behind.

A liner building provides doors and windows along the street frontage.

Description
The Liner Building provides a relatively shallow depth of retail and office storefronts around the perimeter of a block while screening a central interior courtyard for use as a public space, parking lot, parking garage or "large-box" retail structure. The purpose of the Liner Building is to provide a smaller-scale pedestrian atmosphere along the sidewalk while screening less visually attractive or utilitarian uses behind it.

Allowed Frontage Types
▪ Shopfront	□ Gallery
▪ Forecourt	▪ Stoop
□ Porch
Allowed Appurtenances
▪ Awnings	□ Porches
▪ Balconies	□ Stoops
▪ Galleries	▪ Courtyards

General Note:

The drawings and photos on this page are illustrative, not regulatory.

Civic Building

Examples

The prominent tower of this civic building is a focal landmark.

This civic building, while modest in size, has grand proportions.

Description
Civic Buildings are typically placed in focal locations. They should be designed with their function as landmarks in mind: ▪ The scale of Civic Buildings should typically be larger than surrounding buildings in order to be more prominent and visible across greater distances. ▪ Floor-to-floor heights and architectural details should be proportionately larger than those of private buildings that exist or are anticipated to exist within adjacent parcels. ▪ Prominent roof forms and additive elements such as cupolas can visually extend the height of the building.

Allowed Frontage Types
□ Shopfront	□ Gallery
▪ Forecourt	□ Stoop
▪ Porch
Allowed Appurtenances
▪ Awnings	□ Porches
□ Balconies	□ Stoops
□ Galleries	▪ Courtyards

General Note:

The drawings and photos on this page are illustrative, not regulatory.

Townhouse/Rowhouse

Examples

Townhouses are attached to neighboring units, forming a well-defined street edge.

Townhouses are often accessed by using a front stoop.

Townhouses define the street edge.

Description
The Townhouse, alternately known as the Rowhouse, is a single-family type that is attached to its neighbors on either side.

Allowed Frontage Types
□ Shopfront	□ Gallery
□ Forecourt	▪ Stoop
▪ Porch
Allowed Appurtenances
▪ Awnings	▪ Porches
▪ Balconies	▪ Stoops
□ Galleries	▪ Courtyards

General Note:

The drawings and photos on this page are illustrative, not regulatory.

Duplex/Triplex/Fourplex

Examples

This fourplex building type has individual unit entrances, marked by stoops, that are accessible from the sidewalk.

A duplex contains two separate housing units.

A duplex with a divided central porch.

Description
This is a small multifamily residential type. Units may have individual entrances from the sidewalk or may be accessed through a common building entry.

Allowed Frontage Types
▪ Shopfront	▪ Gallery
▪ Forecourt	▪ Stoop
▪ Porch
Allowed Appurtenances
▪ Awnings	▪ Porches
▪ Balconies	▪ Stoops
▪ Galleries	▪ Courtyards

General Note:

The drawings and photos on this page are illustrative, not regulatory.

Live-Work Unit

Examples

Attached live-work units are a unique building type that can introduce a mix of commercial and residential uses in small increments.

Live-work units establish a commercial presence in an otherwise residential area.

Live-work units forming a curved facade.

Description
The Live-Work Unit is an attached or detached single-family type that includes a commercial component, usually in the form of a ground-floor shopfront space. The Live-Work Unit provides an opportunity to integrate commercial uses in very small increments.

Allowed Frontage Types
▪ Shopfront	▪ Gallery
▪ Forecourt	□ Stoop
□ Porch
Allowed Appurtenances
▪ Awnings	□ Porches
▪ Balconies	□ Stoops
▪ Galleries	▪ Courtyards

General Note:

The drawings and photos on this page are illustrative, not regulatory.

Drive Thru

Examples

The convenience store of this gas station fronts the street, while the gas pumps and parking lot are screened from view in a midblock location.

This bank drive-thru is tucked unobtrusively away from the street corner.

This gas stations pumps are located behind the convenience store.

Description
Drive-Thru buildings such as banks or gas stations within the Town Center are to be configured with the building portion of the program located toward the street and the vehicular circulation for the drive thru or gasoline pumps to the rear, screened from view. In this way, Drive Thrus can be accommodated while maintaining well-shaped and activated street frontages. Where possible, curb cuts should be limited to one vehicular entrance/exit so as to minimize interference with pedestrian sidewalks.

Allowed Frontage Types
▪ Shopfront	▪ Gallery
□ Forecourt	□ Stoop
□ Porch
Allowed Appurtenances
▪ Awnings	□ Porches
□ Balconies	□ Stoops
□ Galleries	□ Courtyards

General Note:

The drawings and photos on this page are illustrative, not regulatory.

Frontage Types:

Shopfront

An example of a shopfront with a recessed doorway.

An example of a shopfront with a chamfered corner entry.

A. Description
The main facade of the building is at or near the frontage line and shall include a canopy or awning element that overlaps the sidewalk along the majority of the frontage. The canopy is a structural cantilevered shed roof, and the awning is canvas or similar material and is often retractable.
B. Size
Distance between Glazing	2' max.
Ground-Floor Transparency	50% min.
Door Recess	5' max.
C. Canopy or Awning
Depth	4' min.
Width, Cumulative	70% of faade width min.
Setback from Curb	2' min.
Height, Clear	8' min.
D. Miscellaneous
Doors may be recessed as long as main facade is at BTL.
Open-ended awnings are encouraged.
Rounded and hooped awnings are discouraged

Gallery

A gallery with slender metal columns.

A wood-framed gallery.

A masonry gallery with habitable space on the second floor.

A. Description
The main facade of the building is at the build-to line and the Gallery element overlaps the sidewalk, eliminating the need for an awning. This frontage type is intended for buildings with ground-floor commercial or retail uses and may be one or two stories in height.
B. Size
Depth, Clear	8' min.
Ground Floor Height, Clear	11' min.
Upper Floor Height, Clear	9' min.
Height	2 stories max
Setback from Curb	2' min.; 3' max.
C. Miscellaneous
Galleries must also follow all the rules of the Shopfront frontage type.

Forecourt

An elevated forecourt.

An elevated forecourt forming a dining terrace.

A. Description
The primary portion of the building's main facade is at the build-to line while a small percentage is set back, creating a court space. This space can be used as an apartment entry court, garden space, or for restaurant outdoor dining.
B. Size
Width, Clear	12' min.
Depth, Clear	12' min.
C. Miscellaneous
Forecourts are especially useful along larger, more auto-dominant thoroughfares in order to provide well-shaped, intimately sized public outdoor spaces.

Stoop

Unroofed stoops.

Covered stoops.

A. Description
The main facade of the building is at the build-to line, and the elevated stoop projects forward. The stoop is used to access a first floor that is elevated above the sidewalk to ensure privacy within the building. Stairs from the stoop may descend forward or to the side.
B. Size
Width, Clear	5' min., 8' max.
Depth, Clear	5' min., 8' max.
Height, Clear	8' min.
Height	1 story max.
Finish Level Above Sidewalk	18" min.
C. Miscellaneous
Stairs may be perpendicular or parallel to the building facade.

Porch

A two-story porch on an apartment building.

A wraparound porch located close to the sidewalk.

A. Description
The main facade of the building is at or near the frontage line and shall include a canopy or awning element that overlaps the sidewalk along the majority of the frontage. The canopy is a structural cantilevered shed roof, and the awning is canvas or similar material and is often retractable.
B. Size
Width, Clear	10' min.
Depth, Clear	8' min.
Height, Clear	8' min.
Height	3 stories max.
Finish Level Above Sidewalk	18" min.

§ 325-4 Torres Town Center

KEY TO LAND USE CHARTS:
	A blank indicates the use is not permitted	S	Permitted Use subject to special exception from the Board of Appeals
P	Permitted Use	SC	Permitted use subject to special exception if it meets conditions
C	Permitted Use if it meets certain conditions	S1	Permitted Use subject to special exception if less than 150 feet from a residential building or site where there is an active house permit or an established Historic District
*	In the C5 Sub-area only: Use only allowed if APD is lifted and conditions, if any, are met.	S2	Permitted Use subject to special exception if less than 300 feet from a residential building or site where there is an active house permit or an established Historic District.

B1, C6, D2, D3, E3, F1, F2	Sub-areas designated primarily for residential uses. Note: In addition to residential uses, small-scale commercial & wet boat storage should be permitted in D2, D3 & E2.
C1	Form-Based Code Proposed. See Section 6-12.07 for permitted uses.
C5	Existing APD.
C7	Existing Marinas.

3-2.07 TORRES TABLE OF LAND USES - AGRITOURISM, ECOTOURISM, AND HERITAGE TOURISM USES

USE #	3-2.07 TORRES TABLE OF LAND USES - AGRITOURISM, ECOTOURISM, AND HERITAGE TOURISM USES	SOUTH OF LORE ROAD											NORTH OF LORE ROAD					DOWELL			WEST SIDE
USE #		B1	B2	B3	B4	C1[1]	C2	C3	C4	C5	C6	C7	D1	D2	D3	D4	D5	E1	E2	E3	F1	F2
1.	Agritourism Enterprise									C
2.	Campground, Farm									C
3.	Canoe or Kayak Launching Site, Commercial		C	C			C	C	C	C		C	C				C	C		C
4.	Commercial Kitchen, Farm									C
5.	Ecotourism Enterprise									P		P					P
6a.	Farm Support Business, Less than 5,000 square feet									C
6b.	Farm Support Business, More than 5,000 square feet									SC
7.	Heritage Trail Displays		C	C	C		C	C	C	C		C	C			C	C	C			C
8.	Hunting Service
9.	Public Events/Public Assemblies on Farmland									SC
10.	Rental Facilities on Farms									C
11.	Sports Practice Fields on a Farm

3-2.07 TORRES TABLE OF LAND USES - AGRICULTURAL USES

USE #	3-2.07 TORRES TABLE OF LAND USES - AGRICULTURAL USES	SOUTH OF LORE ROAD											NORTH OF LORE ROAD					DOWELL			WEST SIDE
USE #	3-2.07 TORRES TABLE OF LAND USES - AGRICULTURAL USES	B1	B2	B3	B4	C1[2]	C2	C3	C4	C5	C6	C7	D1	D2	D3	D4	D5	E1	E2	E3	F1	F2
1.	Animal Husbandry									P
2a.	Aquaculture, Freshwater and Land-based									C		C
2b.	Aquaculture, Marine/Estuarine		C	C						C		C
3a.	Commercial Greenhouse, Retail									C			P			P	P	P
3b.	Commercial Greenhouse, Wholesale									C			P			P	P	P
4a.	Commercial Kennel, with Indoor Facilities Only									C			C			C	C	C	C
4b.	Commercial Kennel, with Outdoor Facilities									C
5.	Commercial or Non-Profit Stable or Horseback-Riding Club									C
6a.	Commercial Raising of Animals, Dangerous or Wild
6b.	Commercial Raising of Animals, Fur-bearing
7a.	Farm									P			P	P	P	P	P	P	P	P	P	P
7b.	Farm Brewery									C
7c.	Farm Building									P			P	P	P	P	P	P	P	P	P	P
7d.	Farm Distillery									C
7e.	Farm Stand									C			C			C	C	C	C		C	C
7f.	Farm, Tree									P			P			P	P
7g.	Farm Winery									C
8.	Field Crops									P			P	P	P	P	P	P	P	P	P	P
9.	Forest Product Processing
10.	Garden Center or Farm Supply Store				C		C						C			C	C	C
11a.	Livestock Auction and/or Sales Barn, Commercial									S
11b.	Livestock Auction by a Non-Profit Organization or Farm Owner									C
12a.	Nursery, Retail									C			P			P	P
12b.	Nursery, Wholesale									C			P			P	P
13a.	Veterinary Hospital or Clinic, Livestock									P
13b.	Veterinary Hospital or Clinic, Small Animals and Household Pets												C			C	C	C

3-2.07 TORRES TABLE OF LAND USES - RESIDENTIAL USES

USE #	3-2.07 TORRES TABLE OF LAND USES - RESIDENTIAL USES	SOUTH OF LORE ROAD											NORTH OF LORE ROAD					DOWELL			WEST SIDE
USE #	3-2.07 TORRES TABLE OF LAND USES - RESIDENTIAL USES	B1	B2	B3	B4	C1[3]	C2	C3	C4	C5	C6	C7	D1	D2	D3	D4	D5	E1	E2	E3	F1	F2
1a.	Apartment, Accessory to a Residence	C	C	C	C		C		C	C	C	C	C	C	C	C	C	C	C	C	C	C
1b.	Apartment, in a Mixed Use Building			C	C							C	C			C	C	C	C
2.	Assisted Living Facility												P	P		P		P			P
3.	Bed & Breakfast Facility with up to 5 Bedrooms in Use	C	C	C	C				C	C	C	C		C	C			C	C	C	C	C
4a.	Boarding House (more than 3 Lodgers) [Amended 5-22-2013]	C	C	C	C				C	C*	C	C		C	C			C	C	C	C	C
4b.	Boarding House (no more than 3 Lodgers) [Amended 5-22-2013]	P	P	P	P					P*	P	P	P	P	P	P	P	P	P	P	P	P
5a.	Dwelling, Attached: Duplex			C	C					C*		C		C	C	C		C	C	C	C
5b.	Dwelling, Attached: Fourplex			C	C					C*		C		C		C	C		C	C	C
5c.	Dwelling, Attached: Multi-Family			C	C							C		C			C	C	C	C
5d.	Dwelling, Attached: Townhouse			C	C					C*		C		C	C		C	C	C	C
5e.	Dwelling, Attached: Triplex			C	C					C*	C		C	C			C	C	C	C
5f.	Dwelling, Detached: Single-Family	C	C	C	C				C	C	C	C	C	C	C	C	C	C	C	C	C	C
6.	Group Home	C	C	C	C				C	C	C	C	C	C	C	C	C	C	C	C	C	C
7.	Liveaboards									C						C		C
8a.	Manufactured Home Community
8b.	Manufactured Home, Farm									C
8c.	Manufactured Home on Individual Lot
8d.	Manufactured Home or Recreational Vehicle (Emergency)	C	C	C	C				C	C	C	C	C	C	C	C	C	C	C	C	C	C
8e.	Manufactured Home Subdivision
9a.	Tenant House									C
9b.	Tenant Houses, Additional (no more than 2 additional)

3-2.07 TORRES TABLE OF LAND USES - COMMERCIAL RETAIL USES

USE #	3-2.07 TORRES TABLE OF LAND USES - COMMERCIAL RETAIL USES	SOUTH OF LORE ROAD											NORTH OF LORE ROAD					DOWELL			WEST SIDE
USE #		B1	B2	B3	B4	C1[4]	C2	C3	C4	C5	C6	C7	D1	D2	D3	D4	D5	E1	E2	E3	F1	F2
1.	Agricultural Machinery, Service and/or Supplies												P			P	P
2.	Antiques Sales		C		C		P	C		C*	C	C	C			C	C	C	C
3.	Art Gallery		C		C		C	C			C	C	C			C	C	C	C
4.	Auction Building															C	C
5.	Boat Dealership			P	P							P	P			P	P	P
6.	Home Improvement Center											C			C	C
7.	Manufactured Home Dealer
8a.	Market, Artisans' and Crafters'		C		C		C	C			C	C	C			C	C	C	C
8b.	Market, Farmers'		C		C		C	C					C			C	C	C	C
8c.	Market, Flea (by Non-profit Organization)				P				P				P			P
8d.	Market, Watermen's		C	C	C		C	C			C	C	C			C	C	C	C
9.	Mobile Food Sales				C								C			C		C	C
10a.	Retail Commercial Building			C	C		C	C				C	C			C	C	C	C
10b.	Retail Commercial Building with Drive-up Facility												C			C	C
11.	Retail Commercial Sale or Display Area, Outdoor			C	C		C					C	C			C	C
12.	Seasonal Retail Sales or Display Area, Outdoor [Amended 7-12-2013]			C	C		C					C	C			C	C

3-2.07 TORRES TABLE OF LAND USES - BUSINESS & PERSONAL SERVICES USES

USE #	3-2.07 TORRES TABLE OF LAND USES - BUSINESS & PERSONAL SERVICES USES	SOUTH OF LORE ROAD											NORTH OF LORE ROAD					DOWELL			WEST SIDE
USE #		B1	B2	B3	B4	C1[5]	C2	C3	C4	C5	C6	C7	D1	D2	D3	D4	D5	E1	E2	E3	F1	F2
1.	Boat Service and/or Repair			P								P	P			P	P
2.	Boat Storage, Commercial			C						C		C	C			C	C	C	C
3.	Boatel			P						S1*		P	P			P	P	P			P
4.	Commercial Kitchen (not associated with an Eating Establishment)		C	C	C							C	C			C	C	C	C
5.	Commercial Pier			P				C				P	P					P
6.	Commercial Trade or Business School		P	P	P							P	P			P	P
7a.	Corporate Headquarters, less than 2,500 sq. ft.		P	P	P							P	P			P	P	P	P
7b.	Corporate Headquarters, more than 2,500 sq. ft.			S1	S1							P	P			P	S1	S1	S1
8.	Crematorium												P			P	S1	S1
9.	Drive-up Facility, Accessory															P	P
10a.	Eating Establishment with No Outdoor Patron Area			P	P		P	C				P	P			P	P	P
10b.	Eating Establishment with Outdoor Patron Area						C					C	C			C	C	C
11.	Entertainment Business, Adult
12.	Flex Space Business
13.	Funeral Home												P			P	S1	S1
14.	Home Occupation	C	C	C	C				C	C	C	C	C	C	C	C	C	C	C	C	C	C
15a.	Laundry, Industrial
15b.	Laundry/Laundromat		P	P	P							P	P			P	P	P
16.	Motel or Hotel		S	S	P					S1*		P	P			P	P	P
17a.	Nightclub, Lounge												SC			SC		SC
17b.	Nightclub or Lounge with Outdoor Patron Area											C	C			C	C	SC
18a.	Office, Non-Medical, Medical, Clinic Less than 2,500 sq. ft.		P	P	P			C			C	P	P			P	P	P	P		P
18b.	Office, Non-Medical, Medical, Clinic More than 2,500 sq. ft.		P	S1	S1							C	P		P	S1	S1	S1		S1
19.	Office Support Services, including printing, copying, faxing, internetworking, etc., less than 2,500 sq. ft.		P	P	P								P			P	P		P
20a.	Personal Services, Less than 2,500 sq. ft.		P	P	P			C			C	P	P			P	P	P	P		P
20b.	Personal Services, More than 2,500 sq. ft.		P	S1	S1							C	P			P	S1	S1	S1		S1
21a.	Tavern, Bar						P					C	C			C	C	SC
21b.	Tavern or Bar with Outdoor Patron Area						P					C	C			C	C	SC

3-2.07 TORRES TABLE OF LAND USES - RECREATION USES

USE #	3-2.07 TORRES TABLE OF LAND USES - RECREATION USES	SOUTH OF LORE ROAD											NORTH OF LORE ROAD					DOWELL			WEST SIDE
USE #	3-2.07 TORRES TABLE OF LAND USES - RECREATION USES	B1	B2	B3	B4	C1[6]	C2	C3	C4	C5	C6	C7	D1	D2	D3	D4	D5	E1	E2	E3	F1	F2
1.	Campground and/or Recreational Vehicle Camp, Non-Farm
2a.	Carnival, Fair or Circus - Temporary, on Less than 5 Acres												SC			SC	SC
2b.	Carnival, Fair or Circus - Temporary, on More than 5 Acres												C			C	C
3.	Commercial or Non-Profit Meeting Hall, Banquet Hall		S	S	P		P					S	P			P	P	P
4.	Convention Center									P*			P			P	P	P
5.	Drive-in Theatre
6a.	Golf Course
6b.	Golf, Miniature												S			S		P
7.	Marina			P								P	P					P	S
8a.	Recreation Facility, Indoor Commercial: Arcade, Bingo, Pool Hall												S			S		P
8b.	Recreation Facility, Indoor Commercial: Bowling, Skating Rink, Movie Theatre												P			P		P
8c.	Recreation Facility, Indoor Commercial: Fitness Center				P					S*		P	P	P		P	P	P
8d.	Recreation Facility, Indoor Commercial: Studio		C	C	C								C			C	C	C
8e.	Recreation Facility, Indoor Commercial: Studio, Performing Arts		S	S	S								P			P	P	P
8f.	Recreation Facility, Indoor Commercial: Swimming Pool, Athletic Courts, etc.			S	S					S*		P	P	P		P	P	P
9.	Recreation Facility, Outdoor Commercial: Swimming Pools, Athletic Courts, etc.			P	S					S1*		S1	S1	S1		S1	S1	S1
10.	Retreat, Day									C			P			P	P	P
11a.	Target Range, Indoor [Amended 6-17-2014 by Ord. No. 24-14]			C	C					C			C			C	C	C
11b.	Target Range, Outdoor
11c.	Target Range, Institutional [Amended 6-17-2014 by Ord. No. 24-14]			C	C					C			C			C	C	C

3-2.07 TORRES TABLE OF LAND USES - COMMERCIAL WHOLESALE USES

USE #	3-2.07 TORRES TABLE OF LAND USES - COMMERCIAL WHOLESALE USES	SOUTH OF LORE ROAD											NORTH OF LORE ROAD					DOWELL			WEST SIDE
USE #		B1	B2	B3	B4	C1[7]	C2	C3	C4	C5	C6	C7	D1	D2	D3	D4	D5	E1	E2	E3	F1	F2
1.	Mini-Storage												S			S	S
2a.	Warehouse, Indoor												S			S	S
2b.	Warehouse, Outdoor
3.	Wholesale Lumber and/or Other Building Materials												C			C	C
4.	Wholesaling, Indoor Only												S			S	S

3-2.07 TORRES TABLE OF LAND USES - MOTOR VEHICLE & RELATED SERVICE USES

USE #	3-2.07 TORRES TABLE OF LAND USES - MOTOR VEHICLE & RELATED SERVICE USES	SOUTH OF LORE ROAD											NORTH OF LORE ROAD					DOWELL			WEST SIDE
USE #		B1	B2	B3	B4	C1[8]	C2	C3	C4	C5	C6	C7	D1	D2	D3	D4	D5	E1	E2	E3	F1	F2
1a.	Automobile Filling Station												SC			SC	SC
1b.	Automobile Filling Station with Convenience Store and/or Eating Establishment												SC			SC	SC
2.	Automobile Parking Lot/Garage as a Principal Use							P
3.	Automobile Parts Dismantling and/or Storage
4.	Automobile Repair/Service Shop without fuel sales												SC			SC	SC
5.	Bus lot or garage												S			S	S2
6.	Car Wash												S			S	S2
7.	Commuter Parking Lot							P					P			P	P
8a.	Inoperative Motor Vehicle, 1 per lot	P	P	P	P	P			P	P	P	P	P	P	P		P	P	P	P	P	P
8b.	Inoperative Motor Vehicles, 2 per lot
9.	Motor Vehicle Accessory Shop											C			C	C
10.	Motor Vehicle Dealership - New or Used											S			S	S2
11.	Other Motor Vehicle Related Uses including: Bus depot, taxi service, vehicle rental or leasing											S			S	S2
12.	Park-and-Sell Lot											S			S	S2
13.	Parking of Commercial Motor Vehicles	C	C	C	C	C	C	C	C	C	C	C	C	C	C	C	C	C	C	C	C	C
14.	Storage of Motor Vehicles
15.	Truck, Bus and Diesel Service and Repair Shop
16.	Truck Terminal
17.	Vehicle Ferry Service

3-2.07 TORRES TABLE OF LAND USES - INDUSTRIAL USES

USE #	3-2.07 TORRES TABLE OF LAND USES - INDUSTRIAL USES	SOUTH OF LORE ROAD											NORTH OF LORE ROAD					DOWELL			WEST SIDE
USE #	3-2.07 TORRES TABLE OF LAND USES - INDUSTRIAL USES	B1	B2	B3	B4	C1[9]	C2	C3	C4	C5	C6	C7	D1	D2	D3	D4	D5	E1	E2	E3	F1	F2
1.	Agricultural/Seafood/Livestock Processing Plant											C
2.	Asphalt Plant
3.	Commercial Fuel Storage Business
4.	Commercial Recycling Facility
5a.	Distillation of Alcohol as a Fuel, Commercial
5b.	Distillation of Alcohol as a Fuel on a Farm for Farm Use Only
6.	Grain Elevator
7.	Kiln, Wood-Drying
8a.	Landfill, Land-Clearing Debris
8b.	Landfill, Rubble
8c.	Landfill, Sanitary
9a.	Manufacturing and/or Assembly, Heavy
9b.	Manufacturing and/or Assembly, Light, Less than 5,000 square feet											S
9c.	Manufacturing and/or Assembly, Light, More than 5,000 square feet											S
9d.	Manufacturing and/or Assembly, Marine-Related											P	S					S
10.	Outdoor Storage in Connection with Commercial and/or Industrial Uses											P	C			C
11a.	Power Generating Facility, Accessory to a Residence or Business	C	C	C	C	C	C	C	C	C	C	C	C	C	C	C	C	C	C	C	C	C
11b.	Power Generating Facility, Commercial
12a.	Research & Development Facility, Environmental		C	C	P							P	C			SC	SC
12b.	Research & Development Facility, Other											P	C			SC	SC
13.	Salvage and/or Junk Yard
14a.	Sand, Gravel or Mineral Extraction and Processing
14b.	Sand, Gravel or Mineral Extraction (No Processing)
15a.	Sawmill, Commercial
15b.	Sawmill, Portable
16.	Storage of Machinery & Equipment in Connection With Excavating and/or Contracting Business												S		S	S	S				S
17a.	Wind Energy System, Accessory to a Residence or Business [Amended 10-13-2010]	C	C	C	C	C	C	C	C	C	C	C	C	C	C	C	C	C	C	C	C	C
17b.	Wind Energy System, Commercial [Amended 10-13-2010]

3-2.07 TORRES TABLE OF LAND USES - INSTITUTIONAL USES

USE #	3-2.07 TORRES TABLE OF LAND USES - INSTITUTIONAL USES	SOUTH OF LORE ROAD											NORTH OF LORE ROAD					DOWELL			WEST SIDE
USE #	3-2.07 TORRES TABLE OF LAND USES - INSTITUTIONAL USES	B1	B2	B3	B4	C1[10]	C2	C3	C4	C5	C6	C7	D1	D2	D3	D4	D5	E1	E2	E3	F1	F2
1.	College or University		P	P					S								S
2.	Continuing Care Retirement Community [Added 8-27-2014]												C				C				C
3a.	Day Care Center, 3 Clients or Less	P	P	P	P				P	P*	P	P	P	P	P	P	P	P	P	P	P	P
3b.	Day Care Center, 12 Clients or Less								P	P*	P	P	P	P	P	P	P	P	P	P	P	P
3c.	Day Care Center, 13 or More Clients								S	S*	S	S	S	S	S	S	S	S	S	S	S
4.	Elementary or Secondary School
5.	Fire and/or Rescue Service												P			P	P
6.	Hospital												P
7.	Library		P	P	S		S	P	S	S*	S	S	P			P	P	P			P
8.	Museum		P	P	S		S	P	S	S*	S	S	P			P	P	P			P
9.	Nursing or Convalescent Home				P								P				P				P
10.	Place of Worship, Parish Hall, Convent, Monastery or Rectory		P		P				P	P*	P		P	P	P	P	P	P	P		P	P
11.	Public or Governmental Building		P	P	P			P	P	P*	P		P	P	P	P	P	P	P	P	P
12.	Public or Non-Profit Park and/or Recreation Area Including: Tennis Courts, Swimming Pools, Athletic Fields, etc.		S1	P	S1			P	S1	S1*	S1		P	P	P	P	P	P	S1	P	P
13.	Public Utility Lines & Accessory Structures	P	P	P	P		P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P
14.	Solid Waste Collection Site
15.	Temporary Structure Incidental to Schools (classroom relocatable)
16a.	Treatment Facility, Wastewater
16b.	Treatment Facility, Water Supply

3-2.07 TORRES TABLE OF LAND USES - UNCLASSIFIED USES

USE #	3-2.07 TORRES TABLE OF LAND USES - UNCLASSIFIED USES	SOUTH OF LORE ROAD											NORTH OF LORE ROAD					DOWELL			WEST SIDE
USE #	3-2.07 TORRES TABLE OF LAND USES - UNCLASSIFIED USES	B1	B2	B3	B4	C1[11]	C2	C3	C4	C5	C6	C7	D1	D2	D3	D4	D5	E1	E2	E3	F1	F2
1.	Accessory Building, Structure, or Use	P	P	P	P			P	P	P	P	P	P	P	P	P	P	P	P	P	P	P
2.	Airport or Landing Field
3.	Cemetery or Memorial Garden										P		P
4.	Communications Towers & Antennas (Government, Commercial & Private)	SEE SECTION 3-3 OF THE CALVERT COUNTY ZONING ORDINANCE
5.	Dock, Pier, Private	C		C					C	C	C	C	C	C	C		C	C	C	C	C	C
6.	Garage Sale, Yard Sale or Estate Sale	C	C	C	C				C	C	C		C	C	C		C	C	C	C	C	C
7.	Heliport									S*			S			S		S
8.	Model Home													C	C			C	C	C	C
9a.	Pets, Dangerous or Wild Animals
9b.	Pets, Household	P	P	P	P		P		P	P	P	P	P	P	P	P	P	P	P	P	P	P
9c.	Pets, Livestock, Chickens Only (Kept on Non-Farm Properties)	C	C	C	C				C	C	C		C	C	C	C	C	C	C	C	C	C
9d.	Pets, Livestock (Kept on Non-Farm Properties)									C				C	C		C	C	C	C	C	C
10a.	Recreational Vehicle, Temporary, at Construction site (for watchman)
10b.	Recreational Vehicle, Unoccupied
11.	Structure for the Keeping of Animals (on non-farm properties)	C	C	C	C		C		C	C	C	C	C	C	C	C	C	C	C	C	C	C
12a.	Temporary Structure Incidental to Construction (non-residential)	C	C	C	C		C	C	C	C	C	C	C	C	C	C	C	C	C	C	C	C
12b.	Temporary Structure Incidental to Sales or Rentals in New Residential or Commercial Developments (sales trailers)

[1]

For Agritourism, Eco-tourism, and Heritage Tourism Uses permitted in the C1 Sub-area, see Section 6-12.07 of the Torres Town Center Zoning Ordinance.

[2]

Agricultural Uses are not permitted in the C1 Sub-area.

[3]

For Residential Uses permitted in the C1 Sub-area, see Section 6-12.07 of the Torres Town Center Zoning Ordinance.

[4]

For Commercial Retail Uses permitted in the C1 Sub-area, see Section 6-12.07 of the Torres Town Center Zoning Ordinance.

[5]

For Business and Personal Services Uses permitted in the C1 Sub-area, see Section 6-12.07 of the Torres Town Center Zoning Ordinance.

[6]

For Recreation Uses permitted in the C1 Sub-area, see Section 6-12.07 of the Torres Town Center Zoning Ordinance.

[7]

Commercial Wholesale Uses are not permitted in the C-1 Sub-area.

[8]

For Motor Vehicle and Related Services Uses permitted in the C1 Sub-area, see Section 6-12.07 of the Torres Town Center Zoning Ordinance.

[9]

For Industrial Uses permitted in the C1 Sub-area, see Section 6-12.07 of the Torres Town Center Zoning Ordinance.

[10]

For Institutional Uses permitted in the C1 Sub-area, see Section 6-12.07 of the Torres Town Center Zoning Ordinance.

[11]

For Unclassified Uses permitted in the C1 Sub-area, see Section 6-12.07 of the Torres Town Center Zoning Ordinance.

§ 325-5 Broadway Corridor.

The Broadway Corridor is characterized by a wide street with shopfront-type buildings fronting on the lot line. Current form encourages pedestrian activity and serves as the central commercial corridor in the City.

Purpose and intent.

(1)

The purpose and intent of the Broadway Corridor is to:

(a)

Promote a vibrant, pedestrian-oriented Broadway;

(b)

Focus new commercial development along Broadway;

(c)

Provide for a mix of uses that serves the needs of the residents of, and visitors to, the City.

(2)

Within this district, the preferred form for new development is the shopfront form, also known as the "Main Street form." This form generally features ground-floor retail with residential or commercial uses on the upper floors. Buildings with residential use only are allowed, but must follow the design guidelines for the district.

(3)

A transit-oriented development is planned for the western end of the district. The area is bound by Broadway to the north and West Street and Lake Street to the west and east. This subdistrict will feature the same general form as the rest of the corridor, but will allow slightly higher and more dense new development that will capitalize on transit investments made by the City and county.

District standards.

(1)

Lot standards. Buildings within the Broadway Corridor District shall comply with the following lot, building height, and building frontage requirements.

		Minimum	Maximum
(A)	Lot width (feet)	20	—
(B)	Lot depth (feet)	75	—
(C)	Front setback¹ (feet)	0	0/10
(D)	Side setback² (feet)	0	0
(E)	Rear setback^{3, 4, 5} (feet)	20	—
(F)	Landscaped area⁶	10%	—
(G)	Frontage occupancy	80%	—
(H)	Height⁷
	Broadway Corridor	3 stories/35 feet	5 stories/65 feet
	TOD subdistrict (south of Broadway between Lake Street and West Street)	4 stories/45 feet	6 stories/75 feet

NOTES:
1.	A maximum of 10 feet may be allowed only if the front yard has no parking and is landscaped and used in a manner that enhances the street life by such means as pocket parks or plazas, outdoor dining areas, or public art. No outdoor display of items for sale shall be permitted in the front yard.
2.	Lots 100 feet wide or greater may have, but are not required to have, one side yard of 12 feet.
3.	If the rear yard is dedicated to the City of Newburgh as all or part of a public parking lot or structure, the minimum setback shall be five feet with landscaping within the setback to screen from adjacent uses.
4.	Lots fronting on Broadway and within the TOD subdistrict are not required to have a rear yard.
5.	Private service alleys are permitted within the rear yard.
6.	Lots fronting on Broadway, and all those lots south of Broadway between West Street and Lake Street, are not required to have a minimum landscaped area.
7.	A 6th story is only allowed if set back from the front facade at least 15 feet.

(2)

Building placement examples.


Building placed at front lot line for continuous street wall Lot width <100 feet so no side yard allowed	Recessed entrance allowed because 80% of facade is at lot line One side yard of 12 feet is allowed because lot width is greater than 100 feet

(3)

Building height diagrams.

Broadway Corridor	TOD Subdistrict

Minimum 3 stories (35 feet) Maximum 5 stories (65 feet)	Minimum 4 stories (45 feet) Maximum 6 stories (75 feet) 6th story must be set back 15 feet

Building and site enhancement standards.

(1)

Building and sign types. Buildings within the Broadway Corridor District must be of the shopfront or civic building type as defined in § 300-151. Midrise buildings are also allowed in certain areas of the district. The table below illustrates the allowable sign types, as defined and regulated in § 300-153, for each building type.

Building Type
Sign Type	SHOPFRONT	MIDRISE¹	CIVIC
BAND	✓	✓	✓
BLADE	✓	✓	✓
SHINGLE	✓	✓
AWNING	✓	✓	✓
YARD			✓
MARQUEE			✓

NOTE:
1	Not allowed for buildings that front Broadway or are within the TOD subdistrict.

§ 325-6 Dimensional standards.

Dimensional standards in residential districts. All principal and accessory structures in residential zoning districts are subject to the dimensional standards in Section 3-200A (residential uses) and Table 3-200A (all other uses). All rules of measurements and exceptions to the rules of measurement are set forth in Section 3-300.

Estate (E) Residential District.


Minimum Lot Area: 130,680 square feet (3 acres) Minimum Lot Width: 250 feet Minimum Front Setback: 50 feet Minimum Interior Side Setback: 20 feet Combined Interior Side Setback: 40 feet Minimum Rear Setback: 20 feet Minimum Corner Side Setback: 50 feet Yard Abutting Residential Districts: 0 feet	Side Setback for Detached Accessory Structure: 5 feet Rear Setback for Detached Accessory Structure: 5 feet Maximum Building Coverage: 15% Maximum Impervious Surface Coverage: 25% Maximum Floor Area Ratio: 0.30 Maximum Height, Principal Structure: 30 feet and 2 stories Maximum Height, Accessory Structure: 25 feet and 2 stories Maximum Net Density (DU/Acre): 0.25
	Additional Development Standards that may apply:
	Accessory Structures: Section 4-600 Clear Sight Triangle: Section 4-100 Design Standards: Section 4-900 Exterior Lighting: Section 4-800 Fences: Section 4-700 Home Occupation: Article 2 Landscaping: Section 4-400 Tree Preservation: Section 4-300	Land Uses: Article 2 Outdoor Storage: Article 2 Parking: Section 4-200 Setbacks: Article 3 Signs: Section 4-1000 Temporary Uses: Article 2 RV parking: Section 4-200 Height: Article 10 (Definitions)

Residential Estate (RE) District.


Minimum Lot Area: 20,000 square feet Minimum Lot Width: 100 feet Minimum Front Setback: 50 feet Minimum Interior Side Setback: 10 feet Combined Interior Side Setback: 30 feet Minimum Rear Setback: 20 feet Minimum Corner Side Setback: 50 feet Yard Abutting Residential Districts: 0 feet	Side Setback for Detached Accessory Structure: 5 feet Rear Setback for Detached Accessory Structure: 5 feet Maximum Building Coverage: 25% Maximum Impervious Surface Coverage: 45% Maximum Floor Area Ratio: 0.50 Maximum Height, Principal Structure: 28 feet and 2 stories Maximum Height, Accessory Structure: 15 feet and 1 story Maximum Net Density (DU/Acre): 1.75
	Additional Development Standards that may apply:
	Accessory Structures: Section 4-600 Clear Sight Triangle: Section 4-100 Design Standards: Section 4-900 Exterior Lighting: Section 4-800 Fences: Section 4-700 Home Occupation: Article 2 Landscaping: Section 4-400 Tree Preservation: Section 4-300	Land Uses: Article 2 Outdoor Storage: Article 2 Parking: Section 4-200 Setbacks: Article 3 Signs: Section 4-1000 Temporary Uses: Article 2 RV parking: Section 4-200 Height: Article 10 (Definitions)

Single-Family Residential (R-1) District.


Minimum Lot Area: 10,000 square feet Minimum Lot Width: 80 feet Minimum Front Setback: 30 feet Minimum Interior Side Setback: 8 feet Combined Interior Side Setback: 20 feet Minimum Rear Setback: 20 feet Minimum Corner Side Setback: 30 feet Yard Abutting Residential Districts: 0 feet	Side Setback for Detached Accessory Structure: 5 feet Rear Setback for Detached Accessory Structure: 5 feet Maximum Building Coverage: 40% Maximum Impervious Surface Coverage: 50% Maximum Floor Area Ratio: 0.80 Maximum Height, Principal Structure: 28 feet and 2 stories Maximum Height, Accessory Structure: 15 feet and 1 story Maximum Net Density (DU/Acre): 3.50
	Additional Development Standards that may apply:
	Accessory Structures: Section 4-600 Clear Sight Triangle: Section 4-100 Design Standards: Section 4-900 Exterior Lighting: Section 4-800 Fences: Section 4-700 Home Occupation: Article 2 Landscaping: Section 4-400 Tree Preservation: Section 4-300	Land Uses: Article 2 Outdoor Storage: Article 2 Parking: Section 4-200 Setbacks: Article 3 Signs: Section 4-1000 Temporary Uses: Article 2 RV parking: Section 4-200 Height: Article 10 (Definitions)

Single-Family Residential (R-2) District.


Minimum Lot Area: 8,400 square feet Minimum Lot Width: 70 feet Minimum Front Setback: 30 feet Minimum Interior Side Setback: 7 feet Combined Interior Side Setback: 18 feet Minimum Rear Setback: 20 feet Minimum Corner Side Setback: 30 feet Yard Abutting Residential Districts: 0 feet	Side Setback for Detached Accessory Structure: 5 feet Rear Setback for Detached Accessory Structure: 5 feet Maximum Building Coverage: 40% Maximum Impervious Surface Coverage: 50% Maximum Floor Area Ratio: 0.80 Maximum Height, Principal Structure: 28 feet and 2 stories Maximum Height, Accessory Structure: 15 feet and 1 story Maximum Net Density (DU/Acre): 4.15
	Additional Development Standards that may apply:
	Accessory Structures: Section 4-600 Clear Sight Triangle: Section 4-100 Design Standards: Section 4-900 Exterior Lighting: Section 4-800 Fences: Section 4-700 Home Occupation: Article 2 Landscaping: Section 4-400 Tree Preservation: Section 4-300	Land Uses: Article 2 Outdoor Storage: Article 2 Parking: Section 4-200 Setbacks: Article 3 Signs: Section 4-1000 Temporary Uses: Article 2 RV parking: Section 4-200 Height: Article 10 (Definitions)

Two-Family Residential (R-3A) District.


Minimum Lot Area: 7,200 square feet for single-family (SFR); 11,000 square feet for two-family (TWO) Minimum Lot Width: 65 feet SFR, 75 feet TWO Minimum Front Setback: 30 feet Minimum Interior Side Setback: 7 feet Combined Interior Side Setback: 18 feet Minimum Rear Setback: 20 feet Minimum Corner Side Setback: 30 feet Yard Abutting Residential Districts: 0 feet	Side Setback for Detached Accessory Structure: 5 feet Rear Setback for Detached Accessory Structure: 5 feet Maximum Building Coverage: 40% Maximum Impervious Surface Coverage: 50% SFR, 60% TWO Maximum Floor Area Ratio: 0.80 Maximum Height, Principal Structure: 28 feet and 2 stories Maximum Height, Accessory Structure: 15 feet and 1 story Maximum Net Density (DU/Acre): 6.35
	Additional Development Standards that may apply:
	Accessory Structures: Section 4-600 Clear Sight Triangle: Section 4-100 Design Standards: Section 4-900 Exterior Lighting: Section 4-800 Fences: Section 4-700 Home Occupation: Article 2 Landscaping: Section 4-400 Tree Preservation: Section 4-300	Land Uses: Article 2 Outdoor Storage: Article 2 Parking: Section 4-200 Setbacks: Article 3 Signs: Section 4-1000 Temporary Uses: Article 2 RV parking: Section 4-200 Height: Article 10 (Definitions)

Multifamily Residential (R-3B) District.


Minimum Lot Area: 7,200 square feet for single-family (SFR); 5,400 square feet (1st unit) + 4,000 square feet (each additional unit) for multifamily (MULTI) Minimum Lot Width: 60 feet SFR, 60 feet (1st unit) + 10 feet (each additional unit) MULTI Minimum Front Setback: 30 feet Minimum Interior Side Setback: 7 feet SFR, 8 feet MULTI Combined Interior Side Setback: 18 feet SFR, 30 feet MULTI Minimum Rear Setback: 20 feet Minimum Corner Side Setback: 30 feet Yard Abutting Residential Districts: 50 feet MULTI	Side Setback for Detached Accessory Structure: 5 feet Rear Setback for Detached Accessory Structure: 5 feet Maximum Building Coverage: 40% SFR, 30% MULTI Maximum Impervious Surface Coverage: 50% SFR, 65% MULTI Maximum Floor Area Ratio: 0.80 SFR, 0.60 MULTI Maximum Height, Principal Structure: 28 feet and 2 stories SFR; 36 feet MULTI Maximum Height, Accessory Structure: 15 feet and 1 story Maximum Net Density (DU/Acre): 9.00
	Additional Development Standards that may apply:
	Accessory Structures: Section 4-600 Clear Sight Triangle: Section 4-100 Design Standards: Section 4-900 Exterior Lighting: Section 4-800 Fences: Section 4-700 Home Occupation: Article 2 Landscaping: Section 4-400 Tree Preservation: Section 4-300	Land Uses: Article 2 Outdoor Storage: Article 2 Parking: Section 4-200 Setbacks: Article 3 Signs: Section 4-1000 Temporary Uses: Article 2 RV parking: Section 4-200 Height: Article 10 (Definitions)

TABLE 3-200A - DIMENSIONAL STANDARDS FOR OTHER USES IN RESIDENTIAL DISTRICTS

Use	Minimum Lot Area	Minimum Lot Width	Required Setbacks							Maximum Building Coverage	Maximum Impervious Coverage	FAR	Height of Principal Structure	Height of Accessory Structures
	Minimum Lot Area	Minimum Lot Width	Front Yard	Interior Side Yard	Combined Interior Side Yard	Rear	Corner Side	Abutting Residential Districts	Side/Rear for Accessory Structures				Height of Principal Structure	Height of Accessory Structures
	Sq. Ft.	Feet	Feet	Feet	Feet	Feet	Feet	Feet	Feet/ Feet				Feet/ Stories	Feet/ Stories
Estate (E) District
Other Uses	130,680	250	50	20	40	40	50	50	20/40	15%	25%	0.30	40/3	15/1
Residential Estate (RE) District
Other Uses	80,000	200	50	20	50	40	50	50	20/40	20%	40%	0.40	40/3	15/1
Single-Family (R-1) Residential District
Other Uses	40,000	150	30	10	30	20	30	50	10/20	20%	40%	0.40	40/3	15/1
Single-Family (R-2) Residential District
Other Uses	40,000	150	30	10	30	20	30	50	10/20	20%	40%	0.40	40/3	15/1
Two-Family (R-3A) Residential District
Other Uses	40,000	150	30	10	30	20	30	50	10/20	20%	40%	0.40	40/3	15/1
Multifamily (R-3B) Residential District
Other Uses	40,000	150	30	10	30	20	30	50	10/20	20%	45%	0.40	40/3	15/1

Dimensional standards in nonresidential districts. All principal and accessory structures in nonresidential zoning districts are subject to the dimensional standards in Section 3-200B. All rules of measurements and exceptions to the rules of measurement are set forth in Section 3-300.

Office (O) District.


Minimum Lot Area: 20,000 square feet Minimum Lot Width: 80 feet Minimum Front Setback: 30 feet Minimum Interior Side Setback: 10 feet Combined Interior Side Setback: 20 feet Minimum Rear Setback: 20 feet Minimum Corner Side Setback: 30 feet Yard Abutting Residential Districts: 50 feet	Side Setback for Detached Accessory Structure: 10 feet Rear Setback for Detached Accessory Structure: 20 feet Maximum Building Coverage: 50% Maximum Impervious Surface Coverage: 65% Maximum Floor Area Ratio: 1.0 Maximum Height, Principal Structure: 28 feet and 2 stories Maximum Height, Accessory Structure: 15 feet and 1 story
	Additional Development Standards that may apply:
	Accessory Structures: Section 4-600 Clear Sight Triangle: Section 4-100 Design Standards: Section 4-900 Exterior Lighting: Section 4-800 Fences: Section 4-700 Height: Article 10 (Definitions) Increased Setbacks: Section 3-300 Landscaping: Section 4-400	Land Uses: Article 2 Outdoor Storage: Article 2 Overlay Districts: Section 3-400 Parking: Section 4-200 Setbacks: Article 3 Signs: Section 4-1000 Temporary Uses: Article 2 Tree Preservation: Section 4-300

Neighborhood Commercial (B-1) District.


Minimum Lot Area: 10,000 square feet Minimum Lot Width: 50 feet Minimum Front Setback: 30 feet Minimum Interior Side Setback: 0 feet Minimum Rear Setback: 20 feet Minimum Corner Side Setback: 30 feet Yard Abutting Residential Districts: 50 feet	Side Setback for Detached Accessory Structure: 5 feet Rear Setback for Detached Accessory Structure: 20 feet Maximum Building Coverage: 50% Maximum Impervious Surface Coverage: 65% Maximum Floor Area Ratio: 1.0 Maximum Height, Principal Structure: 28 feet and 2 stories Maximum Height, Accessory Structure: 15 feet and 1 story
	Additional Development Standards that may apply:
	Accessory Structures: Section 4-600 Clear Sight Triangle: Section 4-100 Design Standards: Section 4-900 Exterior Lighting: Section 4-800 Fences: Section 4-700 Height: Article 10 (Definitions) Increased Setbacks: Section 3-300 Landscaping: Section 4-400	Land Uses: Article 2 Outdoor Storage: Article 2 Overlay Districts: Section 3-400 Parking: Section 4-200 Setbacks: Article 3 Signs: Section 4-1000 Temporary Uses: Article 2 Tree Preservation: Section 4-300

General Commercial (B-2) District.


Minimum Lot Area: 20,000 square feet Minimum Lot Width: 100 feet Minimum Front Setback: 30 feet Minimum Interior Side Setback: 0 feet Minimum Rear Setback: 20 feet Minimum Comer Side Setback: 30 feet Yard Abutting Residential Districts: 50 feet	Side Setback for Detached Accessory Structure: 5 feet Rear Setback for Detached Accessory Structure: 20 feet Maximum Building Coverage: 50% Maximum Impervious Surface Coverage: 65% Maximum Floor Area Ratio: 1.5 Maximum Height, Principal Structure: 28 feet and 2 stories Maximum Height, Accessory Structure: 25 feet and 2 stories
	Additional Development Standards that may apply:
	Accessory Structures: Section 4-600 Clear Sight Triangle: Section 4-100 Design Standards: Section 4-900 Exterior Lighting: Section 4-800 Fences: Section 4-700 Height: Article 10 (Definitions) Increased Setbacks: Section 3-300 Landscaping: Section 4-400	Land Uses: Article 2 Outdoor Storage: Article 2 Overlay Districts: Section 3-400 Parking: Section 4-200 Setbacks: Article 3 Signs: Section 4-1000 Temporary Uses: Article 2 Tree Preservation: Section 4-300

Downtown Business (B-4) District.


Minimum Lot Area: 5,000 square feet Minimum Lot Width: 50 feet Minimum Front Setback: 0 feet Minimum Interior Side Setback: 0 feet Minimum Rear Setback: 20 feet Minimum Corner Side Setback: 0 feet Yard Abutting Residential Districts: 50 feet	Side Setback for Detached Accessory Structure: 0 feet Rear Setback for Detached Accessory Structure: 20 feet Maximum Building Coverage: 70% Maximum Impervious Surface Coverage: 95% Maximum Floor Area Ratio: 1.5 Maximum Height, Principal Structure: 36 feet and 3 stories Maximum Height, Accessory Structure: 25 feet and 2 stories
	Additional Development Standards that may apply:
	Accessory Structures: Section 4-600 Clear Sight Triangle: Section 4-100 Design Standards: Section 4-900 Exterior Lighting: Section 4-800 Fences: Section 4-700 Height: Article 10 (Definitions) Increased Setbacks: Section 3-300 Landscaping: Section 4-400	Land Uses: Article 2 Outdoor Storage: Article 2 Overlay Districts: Section 3-400 Parking: Section 4-200 Setbacks: Article 3 Signs: Section 4-1000 Temporary Uses: Article 2 Tree Preservation: Section 4-300

Manufacturing Limited (M-L) District.


Minimum Lot Area: 15,000 square feet Minimum Lot Width: 80 feet Minimum Front Setback: 30 feet Minimum Interior Side Setback: 12 feet Combined Interior Side Setback: 24 feet Minimum Rear Setback: 20 feet Minimum Corner Side Setback: 30 feet Yard Abutting Residential Districts: 50 feet	Side Setback for Detached Accessory Structure: 12 feet Rear Setback for Detached Accessory Structure: 20 feet Maximum Building Coverage: 50% Maximum Impervious Surface Coverage: 65% Maximum Floor Area Ratio: 1.0 Maximum Height, Principal Structure: 28 feet and 2 stories Maximum Height, Accessory Structure: 25 feet and 2 stories
	Additional Development Standards that may apply:
	Accessory Structures: Section 4-600 Clear Sight Triangle: Section 4-100 Design Standards: Section 4-900 Exterior Lighting: Section 4-800 Fences: Section 4-700 Height: Article 10 (Definitions) Increased Setbacks: Section 3-300 Landscaping: Section 4-400	Land Uses: Article 2 Outdoor Storage: Article 2 Overlay Districts: Section 3-400 Parking: Section 4-200 Setbacks: Article 3 Signs: Section 4-1000 Temporary Uses: Article 2 Tree Preservation: Section 4-300

Manufacturing (M) District.


Minimum Lot Area: 30,000 square feet Minimum Lot Width: 150 feet Minimum Front Setback: 30 feet Minimum Interior Side Setback: 15 feet Combined Interior Side Setback: 30 feet Minimum Rear Setback: 20 feet Minimum Corner Side Setback: 30 feet Yard Abutting Residential Districts: 50 feet	Side Setback for Detached Accessory Structure: 15 feet Rear Setback for Detached Accessory Structure: 20 feet Maximum Building Coverage: 50% Maximum Impervious Surface Coverage: 70% Maximum Floor Area Ratio: 0.75 Maximum Height, Principal Structure: 45 feet and 3 stories Maximum Height, Accessory Structure: 25 feet and 2 stories
	Additional Development Standards that may apply:
	Accessory Structures: Section 4-600 Clear Sight Triangle: Section 4-100 Design Standards: Section 4-900 Exterior Lighting: Section 4-800 Fences: Section 4-700 Height: Article 10 (Definitions) Increased Setbacks: Section 3-300 Landscaping: Section 4-400	Land Uses: Article 2 Outdoor Storage: Article 2 Overlay Districts: Section 3-400 Parking: Section 4-200 Setbacks: Article 3 Signs: Section 4-1000 Temporary Uses: Article 2 Tree Preservation: Section 4-300

Farming (F) District.


Minimum Lot Area: 25 acres Minimum Lot Width: 100 feet Minimum Front Setback: 30 feet Minimum Interior Side Setback: 12 feet Combined Interior Side Setback: 24 feet Minimum Rear Setback: 30 feet Minimum Corner Side Setback: 30 feet Yard Abutting Residential Districts: 50 feet	Side Setback for Detached Accessory Structure: 12 feet Rear Setback for Detached Accessory Structure: 30 feet Maximum Building Coverage: 5% Maximum Impervious Surface Coverage: N.A. Maximum Floor Area Ratio: 0.10 Maximum Height, Principal Structure: 25 feet and 3 stories Maximum Height, Accessory Structure: 60 feet and 3 stories
	Additional Development Standards that may apply:
	Accessory Structures: Section 4-600 Clear Sight Triangle: Section 4-100 Design Standards: Section 4-900 Exterior Lighting: Section 4-800 Fences: Section 4-700 Height: Article 10 (Definitions) Increased Setbacks: Section 3-300 Landscaping: Section 4-400	Land Uses: Article 2 Outdoor Storage: Article 2 Overlay Districts: Section 3-400 Parking: Section 4-200 Setbacks: Article 3 Signs: Section 4-1000 Temporary Uses: Article 2 Tree Preservation: Section 4-300

Watershed (W) District.

Minimum Lot Area: Site Specific Minimum Lot Width: Site Specific Minimum Front Setback: Site Specific Minimum Interior Side Setback: Site Specific Combined Interior Side Setback: Site Specific Minimum Rear Setback: Site Specific Minimum Corner Side Setback: Site Specific Yard Abutting Residential Districts: Site Specific Side Setback for Detached Accessory Structure: Site Specific Rear Setback for Detached Accessory Structure: Site Specific Maximum Building Coverage: Site Specific Maximum Impervious Surface Coverage: Site Specific Maximum Floor Area Ratio: Site Specific Maximum Height, Principal Structure: Site Specific Maximum Height, Accessory Structure: Site Specific Maximum Number of Principal Structures: Site Specific
	Additional Development Standards that may apply:
	Accessory Structures: Section 4-600 Clear Sight Triangle: Section 4-100 Design Standards: Section 4-900 Exterior Lighting: Section 4-800 Fences: Section 4-700 Height: Article 10 (Definitions) Increased Setbacks: Section 3-300 Landscaping: Section 4-400	Land Uses: Article 2 Outdoor Storage: Article 2 Overlay Districts: Section 3-400 Parking: Section 4-200 Setbacks: Article 3 Signs: Section 4-1000 Temporary Uses: Article 2 Tree Preservation: Section 4-300

§ 325-7 Measurements and exceptions.

Purpose. The purpose for this section is to clarify the rules of measurement and exceptions to the rules of measurement for all principal and accessory uses.

Measurements.

Lot area.

Lot area means the amount of land area, included within the lines of a lot. Lands located within any private easements is included within the lot area measurement.

Any principal use together with all accessory uses shall be established on a lot having a minimum area as indicated in this article. When subdividing property, corner lots shall have 15% more area than the minimum required area as indicated in this article.

The minimum lot area for two family, multiple-family, townhouse and any other attached dwellings shall be the sum of the lot area required for the first dwelling unit, plus the lot area required for each additional dwelling unit as indicated in this article.

Lot width.

Lot width is measured as the horizontal distance between the side lot lines measured at right angles to the lot depth at the established front building setback line. The minimum lot width requirement does not apply to individual townhouses.

Commentary:

In established neighborhoods where the front building setback line is determined as an average setback of the two closest dwellings, the lot width is measured not at the calculated front setback line, but at the front building setback line for each zoning district as established in this article. For lots along an inside curve (for a cul-de-sac or curved streets), lot width is measured along the chord of the setback arc where it intersects the side lot line. For lots on the outside curve, lot width is measured along a line tangent to the midpoint of the setback projected to the side lot line.

Any principal use together with all accessory uses shall be established on a lot having a minimum width as indicated in this article.

The minimum lot width for two family, multiple-family, townhouse, and any other attached dwellings shall be the sum of the width required for the first dwelling unit, plus the width required for each additional dwelling unit as indicated in this article.

Front setback. [Amended 1-18-2011 by Ord. No. 6641; 3-1-2016 by Ord. No. 7200]

Front setback is the minimum distance required between a proposed building and the front lot line.

Each lot shall have a minimum front setback as indicated in this article, except as provided below. For properties along the Townsville City waterfront, the front yard shall be on the water side. For a corner lot, the front is the narrowest side edge of the lot fronting on a street, irrespective of the orientation of the building toward either street. For a double-frontage lot, the front shall be along the street where a majority of the residences on the block are oriented.

Along principal highways, greater front setbacks* are required in all districts:

(a)

On Route 176, the setback shall be 40 feet, except that such setback shall be increased to 80 feet west of Route 14 and east of the Union Pacific McHenry Line;

(b)

On Route 14, the setback shall be 40 feet, except that such setback shall be increased to 80 feet north of Route 176 or east of Main Street; and

(c)

On Route 31 and Randall Road, the setback shall be 80 feet.

For residential properties only:
a.	Where the established dwellings on the same side of a block, or measuring a total distance of 400 feet from the lot in question, whichever is less, have an average setback that is 10 feet greater or less than the required setback, the setback for the lot in question shall be the average of the established dwellings.
b.	For lots abutting Townsville City, the front yard setback shall be calculated by measuring the setback of the established dwellings for a total distance of 400 feet from the lot in question and shall be the average of the established dwellings.
* Greater setbacks along principal highways are also required for corner side setbacks.

Interior side setback.

Interior side setback is the minimum distance required between a proposed building and the interior side lot line.

Each lot shall have an interior side setback extending along each side lot line, the combined and minimum width of which shall not be less than indicated in this article.

Rear setback.

Rear setback is the minimum distance required between a proposed building and the rear lot line. For properties along the Townsville City waterfront, the rear yard shall be on the street side and meet the requirements for a corner side.

Each lot shall have a minimum rear yard as indicated in this article.

In nonresidential districts, where the rear of a lot adjoins an alley that has a width of not less than 10 feet, a rear yard adjustment to allow a deduction in the required rear yard, equal to the width of the alley is permitted. This reduction shall not exceed 15 feet.

Corner side setback. Corner side setback is the minimum distance required between a proposed building and the corner side lot line. Any corner side yard shall have a minimum width of not less than indicated in this article. Where a corner side setback is along a principal highway, greater setbacks as outlined in Section 3-300B-3 are required.

[Amended 1-18-2011 by Ord. No. 6641]

Yard abutting residential zone. Any side or rear yard in a multifamily residential, office, business, manufacturing, farming or watershed district, which abuts a residential district shall have a minimum width of not less than indicated in this article. All nonresidential uses in residential districts, abutting residential uses will also provide a side or rear yard as indicated in this article.

Side and rear setbacks for accessory structures. All accessory structures in all zoning districts shall provide a minimum interior side and rear yard setback as indicated in this article.

[Amended 1-18-2011 by Ord. No. 6641]

Building coverage.

Building coverage is the area of a lot or parcel occupied by the principal building together with all accessory buildings.

The total building coverage shall not exceed the percent of the total lot area as indicated in this article. Building coverage may be limited by the requirement to provide adequate parking, stormwater management and other required facilities.

10.

Impervious coverage. Impervious coverage is the area of a lot or parcel occupied by all impervious surfaces on the lot or parcel, including, but not limited to, principal and accessory buildings, driveways, pavement, sidewalks, structures, patios, walkways, etc. The maximum impervious surface coverage shall not exceed the percent of the total lot area as indicated in this article.

11.

Floor area ratio (F.A.R.). Floor area ratio is the ratio of the floor area (total square footage) of the principal building and all accessory buildings on a lot or parcel to the area of the lot or parcel on which the buildings are located.

The combined floor area ratio (F.A.R.) for any principal building along with all accessory buildings shall not exceed the ratio indicated in this article.

12.

Height of principal structure and accessory structure. The height of any building is measured as the vertical distance measured from the curb level, or its equivalent established grade, opposite the middle of the front of the building to the highest point of the roof in the case of a flat roof; to the deck line of a mansard roof; and to the mean height level between eaves and ridge for a gable, hip, or gambrel roof; excluding elevator or mechanical equipment rooms.

Where buildings are set back from the street line, the height of the building may be measured from the average elevation of the finished lot grade at the front of the building.

For all nonresidential structures, where the overall vertical grade of the area occupied by the footprint of the building varies more than three feet, the height of the building shall be measured from the average of all grade elevations of the building.

All principal buildings, accessory buildings or other structure shall not exceed the height and story maximums as provided in this article, except as provided in Section 3-300C, Exceptions.

13.

Maximum net density. The maximum number of residential dwelling units allowable per acre of land within a development or other area shall not exceed the maximums indicated in Section 3-200A(1) through (6). Net density shall not include public or private street rights-of-way or unbuildable areas such as wetlands, floodplains, etc.

Exceptions.

Height exceptions. The following buildings, structures or parts thereof are exempt from the height limitations set forth in the zoning districts except as limited by any height restriction imposed by the FAA, or as herein stated:

(a)

Buildings, bulk storage silos and towers for agriculture purposes not specified elsewhere in this Ordinance. Buildings, bulk storage silos and towers in the M Manufacturing District shall not exceed 10 feet above the maximum height allowed for the principal building.

(b)

Flagpoles not to exceed 10 feet above maximum height permitted for accessory uses.

(c)

Public utility poles and wires, radio and television antennas and towers, except that a special use permit shall be obtained for any public transmitting tower, subject to the standards and procedures of this Ordinance. For residential uses, a television, citizen's band, or short-wave radio antenna, not exceeding 10 feet in height, and attached to the roof, shall be exempted from consideration when determining the maximum height for the principal building. For a separate television, citizen's band, or short-wave radio tower/antenna, not attached to the roof of the principal structure, the maximum height shall be the allowable maximum height requirement for a principal building of that zoning district plus 10 feet. Receive-only "dish" antennas with a diameter of 39 inches or more located in a residential district and 80 inches or more located in nonresidential districts are subject to the accessory use standards in this Ordinance.

[Amended 3-1-2016 by Ord. No. 7200]

(d)

Small wind-powered electric systems (having rated capacities of 100 kilowatts and less) and solar energy systems for all uses, not to exceed 15 feet above the maximum height allowed for the principal building in that district.

[Amended by Ord. No. 6543]

(e)

Rooftop appurtenances: For nonresidential uses, screening for all cooling towers, elevator or mechanical equipment, vents, intakes or stacks or other rooftop structures shall be exempt from the height limitations. For details on screening requirements for rooftop appurtenances, refer to Section 4-700, Fences, walls and screening.

[Amended 1-18-2011 by Ord. No. 6641]

(f)

Above ground water storage facilities, public/private.

(g)

Architectural features, attached to the principal structure, including but not limited to spires, belfries, weather vanes, cupolas, parapet walls and chimneys and cooling towers, elevator or mechanical equipment rooms, fire towers and stacks, stage towers and scenery lofts, and rooftop mechanical screening. Any such structure or feature over 50 feet in height, as measured from the ground, shall require approval by the Zoning Administrator.

Yard and building setback exceptions. The following structures shall be allowed to project into or to be constructed in any required yard or beyond the building setback line, except that in no case shall such structure or component part thereof extend beyond the property line with the exception of mail boxes which may be beyond the property line.

(a)

Air conditioner: Window units provided that a hot air baffle, directed upward, be installed. Central air, provided it is not located closer than 15 feet to a neighboring residential dwelling and that the hot air is baffled in an upward direction. Central air units are not permitted in the required front yard.

(b)

Awnings and canopies, not to exceed three feet or as regulated by Section 4-1000, Signs, with the more restrictive regulation having effect.

(c)

Bay or bow windows, not to exceed two feet.

(d)

Chimneys not to exceed two feet.

(e)

Clothesline posts; however not permitted in required front setback or corner side setback.

(f)

Driveways and curbs, no closer than 1.5 feet running roughly parallel to interior side and corner side yards.

(g)

Fences, walls and hedges in accordance with Section 4-700, Fences, walls and screening.

(h)

Flagpoles.

(i)

Garbage disposal equipment shall not be permitted to be stored in the front and corner side yard. Trash containers serving nonresidential uses shall not be located abutting residential property. Refer to Section 4-700, Fences, walls and screening, for screening requirements.

[Amended 1-18-2011 by Ord. No. 6641]

(j)

Guardhouse or gatehouse for industrial uses. These will be permitted within a front yard.

(k)

Islands and pumps for gasoline service stations, minimum setback of 20 feet is required. Gasoline service station canopies either attached or detached to the principal structure shall have a minimum setback of 10 feet.

(l)

Landscape features, plant materials, such as trees, shrubs and flowers. Planter boxes attached to a building shall not exceed two feet.

(m)

Overhanging roof, eave, gutter, cornice or other architectural features, not to exceed two feet.

(n)

Parking spaces as regulated in Section 4-200, Off-street parking and loading.

(o)

Recreational vehicles as regulated in Section 4-200, Off-street parking and loading.

(p)

Sidewalks and handicapped ramps.

(q)

Signs as regulated by Section 4-1000, Signs.

(r)

Steps, stairs, porches, decks, terraces and patios attached to a principal building or to give access to a principal building are not to exceed four feet. In all cases, a minimum five feet setback from the interior side property shall be maintained.

[Amended by Ord. No. 6543]

Commentary:

Where a porch, patio or terrace is converted to a screened porch, patio or terrace, it is treated as part of the principal structure and must meet the setback requirements for a principal structure. Addition of a roof structure (no side enclosures) also renders an accessory patio or terrace to be treated as part of the principal structure. Decks and platforms, open to the sky, whether attached to the principal structure or within five feet, are considered as part of the principal structure and are subject to all regulations of this Ordinance applicable to the principal structure.

[Amended 8-2-2016 by Ord. No. 7247]

(s)

Parking lot lighting poles and fixtures.

Location of buildings. Every principal building or structure shall be constructed or erected upon a zoning lot or parcel of land which abuts a public street or an approved private street.

Buildings on a zoning lot. Only one principal building shall be located on a zoning lot, except in the case of multifamily buildings for multifamily developments, where more than one principal structure can be located on a single lot.

§ 325-8 Board of Appeals; variances.

[Amended 3-18-1994 by L.L. No. 2-1994]

Creation, appointment and organization.

Appointment of members. The Mayor, with the consent of the Common Council, shall appoint a Board of Appeals consisting of five members. The Board of Appeals, at the first regular meeting each year, shall elect one of its own members as Chairperson. In the absence of the Chairperson at any meeting, the Board of Appeals may designate a member to serve as Acting Chairperson. The Director of Zoning Administration or the designee of the Director of Planning and Development shall be the Secretary of the Board of Appeals. In making such appointments, the Mayor may require Board of Appeals members to complete training and continuing education courses.

[Amended 4-22-1997 by L.L. No. 2-1997; 8-7-1996 by L.L. No. 10-1997; 6-5-2013 by L.L. No. 7-2013]

Legislative body members ineligible. No person who is a member of the Common Council shall be eligible for membership on such Board of Appeals.

Terms of members first appointed. In the creation of a new Board of Appeals or the re-establishment of terms of the existing Board of Appeals, the appointment of members to the Board of Appeals shall be for terms so fixed so that one member's term shall expire at the end of 1994; that two members' terms shall expire at the end of 1995; and that two members' terms shall expire at the end of 1996. At the expiration of each original member's appointment, the replacement member shall be appointed for a term of three years.

Vacancy in office. If a vacancy shall occur otherwise than by expiration of term, the Mayor, with the consent of Common Council, shall appoint the new member for the unexpired term.

Removal of members. The Mayor shall have the power to remove, after public hearing, any member of the Board of Appeals for cause. Any Board of Appeals member may be removed for noncompliance with any minimum requirements relating to meeting attendance and training established by the Common Council.

Compatibility of offices. Municipal officials or employees on the Board of Appeals shall not, by reason of membership thereon, forfeit their right to exercise the powers, perform the duties, or receive the compensation of the municipal office held by them during such membership. No municipal officer or employee shall be appointed to the Board of Appeals in the event such officer or employee cannot carry out his or her position without a conflict in the performance of his or her duties as a member of the Board of Appeals.

Chairperson's duties. All meetings of the Board of Appeals shall be held at the call of the Chairperson and at such other times as the Board of Appeals may determine. Such Chairperson, or, in his or her absence, the Acting Chairperson, may administer oaths and compel the attendance of witnesses.

Board of Appeals procedure.

Procedure pursuant to state law. Except as provided herein to the contrary, the procedure of the Board of Appeals shall be governed by § 81-a of the General City Law of the State of New York, as follows:

(1)

Meetings, minutes, records. Meetings of such Board of Appeals shall be open to the public to the extent provided in Article 7 of the Public Officers Law. Such Board of Appeals shall keep minutes of its proceedings, showing the vote of each member upon every question, or, if absent or failing to vote, indicating such fact, and shall also keep records of its examinations and other official actions.

(2)

Filing requirements. Every rule, every regulation, every amendment or repeal thereof and every order, requirement, decision or determination of the Board of Appeals shall be filed in the office of the City Clerk within 30 days and shall be a public record.

(3)

Assistance to the Board of Appeals. Such Board of Appeals shall have the authority to call upon any department, agency or employee of the City for such assistance as shall be deemed necessary and as shall be authorized by the legislative body. Such department, agency or employee may be reimbursed for any expenses incurred as a result of such assistance.

(4)

Hearing appeals. Except as otherwise provided by local law or ordinance, the jurisdiction of the Board of Appeals shall be appellate only and shall be limited to hearing and deciding appeals from and reviewing any order, requirement, decision, interpretation or determination made by the administrative official charged with the enforcement of any ordinance or local law adopted pursuant to this article. The concurring vote of a majority of the members of the Board of Appeals shall be necessary to reverse any order, requirement, decision or determination of any such administrative official, or to grant a use variance or area variance. Such appeal may be taken by any person aggrieved, or by an officer, department, board or bureau of the City.

Specific City procedure. In addition to the above procedures, the following procedures shall govern the Board of Appeals:

(1)

Requests by applicant for recommendations. Prior to seeking an area variance, an applicant may also request a recommendation on a proposed variance request from any City board or commission with expertise on an issue being considered and include that recommendation in the appeal to the Board of Appeals.

(2)

Required information. Every appeal or application for relief shall set forth the interpretation that is claimed or the use for which a special permit is sought or the details of the variance applied for and the grounds for which it is claimed that the variance should be granted, as the case may be. Appeals and applications shall be in writing, on forms prescribed by the Board of Appeals, and shall be filed with the Secretary of the Board. The applicant shall provide a site plan and such other drawings and/or additional information as is necessary for the Board of Appeals to properly consider the appeal or application for relief.

(3)

Continuances. The Board of Appeals may, on its own motion or upon request by the applicant, continue the hearing.

(4)

Fees.

[Amended 1-29-2003 by Ord. No. 2003-2]

(a)

Area variances for deck or swimming pool, one- and two-family dwellings: $50;

(b)

All other area variances for one- and two-family dwellings: $100.

(c)

Area variances for multiple residence buildings, commercial properties, or sign variances: $150.

(d)

Appeals of interpretation of Director of Zoning Administration or the Designee of the Director of Planning and Development: $150.

[Amended 6-5-2013 by Ord. No. 2013-15[1]]

[1]

Editor's Note: This ordinance provided for an effective date of 1-1-2014.

(e)

All use variances: $300.

(f)

Special permit applications for accessory apartments, bed-and-breakfast homes, and home occupations: $100.

(g)

All other special permit applications (including bed-and-breakfast inns): $150.

(5)

Notices to the public. If a variance, interpretation or a special permit is requested, the appellant shall send notice of the same by mail to all property owners within 200 feet of the boundaries of the lot under consideration. Such notice shall state the relief sought, the type of use contemplated and such additional information as shall be required by the Director of Zoning Administration or the designee of the Director of Planning and Development and shall be mailed five days prior to the meeting of the Planning Board which next precedes the public hearing. Proof of such mailing shall be filed with the Board of Appeals prior to the holding of the public hearing.

[Amended 6-5-2013 by L.L. No. 7-2013[2]]

[2]

Editor's Note: This local law passed at referendum on 11-5-2013.

(6)

Report by the City Planning and Development Board. At least seven days before any meeting of the Planning and Development Board which precedes the date of the hearing required by law on any application or appeal to the Board of Appeals, the Secretary of the Board shall transmit to the Planning and Development Board a copy of said application or appeal, together with a copy of the notice of the aforesaid hearing. When a variance, interpretation or special permit is requested, no Board of Appeals action thereon shall be taken until the Planning and Development Board has had the opportunity to submit a report as to conformance with long-range planning objectives. The Planning and Development Board shall have the right to request that action by the Board of Appeals be adjourned for one month to allow the Planning and Development Board to submit such a report as to conformance with long-range planning objectives.

(7)

Publication of notices. Notice of a public hearing on appeals and adjourned or rescheduled hearings on said appeals shall be given by publication twice in the official newspaper of the City of Townsville, which notice shall state the relief sought, the appellant's name and the location of the property and the date of said hearing. The first notice shall be not less than five days before the date of the public hearing.

(8)

Decision of the Board of Appeals. Every decision of the Board of Appeals shall contain a full record of the findings of the Board in the particular case and a written summary of the evidence presented at the hearing.

(9)

Rules and regulations. The Board of Appeals shall adopt from time to time such rules and regulations as it may deem necessary to carry into effect the provisions of this chapter, and all its orders and resolutions shall be in accordance therewith. These rules and regulations shall be in effect when filed with the City Clerk.

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