Town of DeWitt, NY
Onondaga County
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Table of Contents
Table of Contents
A. 
Purpose. The purpose of this section is to create a procedure whereby the Town Board may create additional zoning classifications within the Town in the form of an overlay district.
B. 
Creation of district. An overlay district may be created for the purpose of improving, developing, and/or generally enhancing any group of properties within the Town, including but not limited to any neighborhood, street, business area or other defined area of the Town. Properties to be included in any particular overlay district shall generally share common characteristics and goals for aesthetics, economics, safety and/or convenience.
C. 
Adoption of Overlay District. In the adoption of any overlay district, the Town Board shall follow the procedures for adoption of zoning regulations as same are set forth in § 264 of the Town Law of the State of New York.
(1) 
Where an overlay district is created by the Town Board, any such local law which creates an overlay district shall define the purposes, goals, restrictions and requirements that will be applicable to the overlay district and shall specifically delineate all properties to be included in the overlay district.
(2) 
Any requirements of an overlay district so created in the Town shall be subject to enforcement in accordance with this Code in the same force and effect as all other zoning districts in the Town.
[Added 9-8-2008 by L.L. No. 6-2008]
A. 
Purpose. In order to alleviate the effects of the restrictive nature of the allowed use of restaurants in certain High Tech Districts within the Town, and to promote the best interest of good planning so as to reduce these restrictions in those areas, this procedure is established to modify said uses.
B. 
Any property owner, meeting the following criteria, may apply to the Department to implement the Business Park Overlay to their property:
(1) 
The property is a single lot or made of contiguous lots (hereinafter the "land") located in a High Tech District consisting of a minimum of 40 acres of land usable for development, excluding wetlands and floodplains.
(2) 
The owner of the land has applied for and substantially begun or completed the subdivision process.
(3) 
The access to the development is controlled by a traffic light.
(4) 
The proposed development and buildings on the land shall be complementary in architecture and shall substantially comply with an overall architectural theme established in the site plan review process.
C. 
The Department will forward the application to the Planning Board with its recommendation and any conditions or restrictions it suggests. The Planning Board, taking into account the Department's recommendation, will forward its recommendation to the Town Board.
D. 
Taking into account the status of the project in the design, approval and construction process, the Planning Board may include in its recommendation that the construction of the restaurant may not begin until a certain number of buildings, square footage of buildings or other measurement of progress in the overall development of the subdivision has been attained. The purpose of providing a restaurant facility on the land is to allow the occupants of the land the convenience of nearby eating facilities, and the availability of the restaurant to the outside public is a secondary benefit.
E. 
Upon the favorable recommendation of the Planning Board, the Town Board may hold a public hearing and enact, deny or modify the application for the land to be included in the Business Park Overlay District.
F. 
Upon approval by the Town Board and the inclusion of the land in the Business Park Overlay District, up to a maximum of two nonfast-food sit-down restaurant facilities will be allowed on the land, so long as no drive-through is included.
[Added 9-8-2008 by L.L. No. 7-2008]
A. 
Purpose. In order to address the issue that residential vehicle storage, as addressed in § 192-79.1, may be too restrictive in certain residential district areas within the Town where a neighborhood may benefit from a more relaxed standard as relates to residential vehicle storage, and in order to address the best interests of good planning to reduce certain restrictions relating to residential vehicle storage in those areas, this procedure has been established.
B. 
Owner-occupants of single-family dwellings in a residential district may apply to the Department for the establishment of a Residential Vehicle Storage Overlay District which will affect contiguous properties as defined below. The application must include the signatures and addresses of no less than 50 owners of owner-occupied single-family dwellings in a contiguous area. If there is more than one owner of any one such dwelling who signs the application, only one signature shall count as one of the required 50 owner-occupant signatures.
(1) 
The Department will forward the application to the Planning Board with its recommendation of the minimum area to be included in the proposed overlay district (hereinafter the "excluded area").
(2) 
The Planning Board, taking into account the Department's recommendation, will propose an initial minimum boundary of the excluded area. The following criteria shall be considered by the Planning Board:
(a) 
Properties to be included shall be contiguous and generally share common characteristics, goals for aesthetics and economics, i.e., a neighborhood.
(b) 
The boundaries of the excluded area shall follow street center lines or prominent natural boundaries, and include whole blocks.
(c) 
All contiguous properties to the boundaries will be included. A minimum of 100 lots with occupied homes is required for an excluded area, unless a lesser quantity is clearly dictated by prominent natural or man-made boundaries.
(3) 
The Planning Board will hold an informational hearing on the proposed excluded area. Each dwelling, including those within 300 feet of the proposed boundaries, will be notified of the meeting. Taking into consideration the results of the informational hearing, the Planning Board will define the proposed excluded area.
C. 
Thereafter, no less than 51% of the residential properties in the proposed excluded area shall petition the Town Board. The Town Board may hold a public hearing following the submission of a Planning Board recommendation and enact, deny or modify the Residential Vehicle Storage Overlay District for the excluded area.
D. 
If the Town Board establishes said overlay district, the following shall be applicable to that excluded area:
(1) 
Section 192-79.1 shall not apply.
(2) 
The keeping of unlicensed motor vehicles in operating condition or junk motor vehicle or equipment may be permitted if the following conditions are met:
(a) 
Junk motor vehicle, seasonal vehicle or equipment is stored inside a building; or
(b) 
For the temporary outdoor storage for less than six months in one year of one operable unlicensed motor vehicle, seasonal vehicle or equipment on an approved driveway or related apron.
(3) 
Personal-use commercial vehicles less than 22 feet in length and recreational vehicles may be parked or stored indoors or in the front yard or side yard, provided the vehicles are:
(a) 
Located on a permitted driveway or related apron no closer than five feet to a fully screened property line nor further than five feet from the house; and
(b) 
Are inspected, registered and licensed.
[Added 9-8-2008 by L.L. No. 8-2008]
A. 
Purpose. The purpose of the Hamlet Residential Overlay District is to maintain the residential character that exists in the Hamlet of Jamesville.
B. 
Existing structures. Existing structures and uses may be continued, expanded or upgraded without complying with the requirements of Hamlet Residential Overlay District design standards § 192-64.3C, but subject to the remaining articles of Chapter 192, provided all of the following are satisfied:
(1) 
Alterations to a structure are consistent with the design of the original structure.
(2) 
The addition or alteration will not create a vehicle entrance setback that is less than 10 feet from the primary facade.
(3) 
No nonconforming use or structure is expanded.
C. 
Design standards.
(1) 
Material.
(a) 
The dominant exterior finish shall be or have the appearance of horizontal wood siding, natural stone or brick.
(b) 
Excluding windows, window treatments, and foundation, a maximum of two primary construction materials may be used on any one side of a structure and a maximum of three primary construction materials may be used on any one structure.
(2) 
Architectural features. The primary building shall have at least three different types of the following architectural features:
(a) 
Covered porch supported by columns or spindles.
(b) 
Dormer.
(c) 
Gabled roof.
(d) 
Any one or combination of the following:
[1] 
Cornice brackets.
[2] 
Fanlight windows.
[3] 
Window shutters.
[4] 
Bay windows.
(3) 
Roof style.
(a) 
Roof shall have a pitch of at least 8:12.
(b) 
The roof shall overhang the side of the structure by a minimum 12 inches.
(4) 
Front yard.
(a) 
The front yard shall be the average of the two adjacent principal structures and may not exceed 35 feet.
(b) 
A minimum of one street tree for every 35 feet of frontage shall be planted in all front setbacks.
(c) 
Front yard setback shall be a minimum 60% permeable and planted.
(5) 
Facades.
(a) 
The primary facade shall be orientated parallel to the property line of the primary street.
(b) 
Facades fronting more than one street shall be equal in material.
(c) 
Vehicle entrances shall be set back a minimum of 10 feet from the primary building facade.
(6) 
Entrance.
(a) 
Building entrances shall face the street and be articulated.
(b) 
All entrances shall be illuminated.
(7) 
Windows.
(a) 
Street level primary facades shall have a minimum 20% window coverage.
(b) 
All other street level facades shall have a minimum 10% window coverage.
(c) 
Facades above the first floor shall have a minimum 10% window coverage.
(8) 
Accessory structures. Accessory structures shall be consistent with the architectural style and color of the primary structure.
[Added 6-4-2018 by L.L. No. 2-2018]
A. 
Purpose: The specific objectives of these Overlay Districts are to:
(1) 
Encourage "Village Center" type development;
(2) 
Achieve a compact pattern of development that encourages people to walk, ride a bicycle or use public transit;
(3) 
Allow for a mix of uses, inclusive of residential, designed to attract pedestrians;
(4) 
To discourage singular use buildings developed as isolated islands within an expansive parking lot;
(5) 
To encourage the adaptive reuse of aging commercial strip developments;
(6) 
Provide a high level of amenities that creates a comfortable environment for pedestrians, bicyclists, and other users;
(7) 
Provide sufficient density of employees, residents and recreational users to support public transit, while generating a relatively high percentage of trips serviceable by public transit;
(8) 
Maintain an adequate level of parking appropriate to the use and integrate this use safely with pedestrians, bicyclists, and other users;
(9) 
To enhance the existing natural features of the Town, including waterways landmarks, etc.
B. 
Applicability.
(1) 
The requirements of this chapter are applied after voluntary application to the Town Planning Board requesting the application of such "Mixed-Use Village Overlay," and upon recommendation of the Planning Board to the Town Board, and adoption by the Town Board and amendment of the Official Zoning Map of the Town of DeWitt.
(2) 
The requirements of this chapter may only be applied, after all procedural requirements are met, to structures, uses and properties within the area(s) designated as "Mixed-Use Village Overlay Floating Districts" as set forth in Appendix A of this chapter.[1]
[1]
Editor's Note: Said Appendix A is on file in the Town offices.
(3) 
Any property owner desiring to utilize this chapter for structures, uses and properties within a Mixed-Use Village Overlay area shall make application with a) the Town of DeWitt Planning Board for Site Plan Review pursuant to Chapter § 192-122; and b) upon an amendment of the Zoning Map following the procedure set forth in § 192-121.
(4) 
The applicable regulations for specified uses (Article XVI), requirements applying to all districts (Article XVII), all requirements of the zoning district in which the structure, use or property is situate shall apply to all structures, uses or property within the Mixed-Use Village Overlay District except as same may be specifically modified in this chapter.
(5) 
Until all requirements of this chapter are followed including the amendment of the Official Zoning Map of the Town of DeWitt as contemplated herein, the zoning district and its requirements pursuant to the Code of the Town of DeWitt remain unchanged.
C. 
General overview.
(1) 
Mixed use is intended to provide a development where residential uses, accompanied by commercial uses, are integrated into a pedestrian-friendly neighborhood. Project amenities that address this objective include but are not limited to:
(a) 
Sidewalks throughout the development, including walkways within parking lots.
(b) 
Architectural street lighting and site furniture.
(c) 
Consistent architectural theme throughout.
(d) 
Extensive landscaped and green areas with feature areas for pedestrian and public use.
(e) 
Clustering of buildings which allow for large areas for walks, pathways and recreational areas, as well as connections to adjoining properties and nearby uses and facilities.
(2) 
Overall project density shall be based on the parameters described herein in consultation with the Planning Board prior to preliminary site plan and subdivision preparation.
(3) 
Portions of buildings designated and approved for commercial purposes shall not be used for dwelling purposes, and portions of buildings designated and approved for dwelling purposes shall not be used for commercial purposes.
(4) 
Dwelling units in any residential district shall not be converted or altered to allow other uses.
(a) 
This provision shall not be deemed to prohibit the use of a portion of the building or structure as living quarters for caretakers or attendants of places of worship or institutions where such uses are authorized in any zoning district.
(5) 
The procedure outlined in § 164-10, Modifications of zoning provisions; cluster development, as provided for in New York State Town Law § 278, may be applicable to Mixed-Use Village Overlay District(s) for development which utilizes this § 192-64.4.
(6) 
Street-level uses:
(a) 
One or more of the uses listed in this subsection are required at street level on all lots abutting streets shown on the Mixed-Use Village Overlay Map. The following uses, if permitted in the underlying zoning district, qualify as required street-level uses:
[1] 
General sales and service uses:
[a] 
Educational facility.
[b] 
Religious use.
[c] 
Business office.
[d] 
Day-care center.
[e] 
Finance/banks.
[f] 
Funeral home/mortuary.
[g] 
Retail store.
[h] 
Animal day-care.
[i] 
Administrative and management services.
[2] 
Eating and drinking establishments:
[a] 
Cafe without drive-through facilities.
[b] 
Restaurant without drive-through facilities.
[3] 
Entertainment uses:
[a] 
Recreational and entertainment facilities, indoor.
(b) 
Orientation of street-level uses.
[1] 
Street-level uses must be oriented toward the primary street or streets, public or private, in the mixed-use development.
D. 
Permitted structures and uses.
(1) 
Within all Mixed-Use Village districts (MUV-1, MUV-2, MUV-3), the following use is allowed above the ground floor:
(a) 
Dwelling, multifamily.
E. 
Lot area and yard regulations.[2]
[2]
Editor's Note: The Lot Area and Yard Regulations Schedule are included as an attachment to this chapter.
[Added 10-14-2019 by L.L. No. 5-2019]
A. 
Purpose. The Purpose of the Transportation and Distribution Node Overlay District is to recognize the unique character of this Overlay District area which is located in the High Tech Zoning District of the Town and to include uses in such district which are compatible with the area.
B. 
Characteristics. The characteristics of this area include:
(1) 
Surrounding uses and land areas that support both high tech and light industrial uses;
(2) 
Parcels of land which front on a significant highway system; and
(3) 
Proximity of the parcels to interstate and railroad systems.
C. 
Goals. The goal of the Overlay District is to add a use to the High Tech Zoning District which is applicable to this overlay district only to:
(1) 
Improve and enhance the group of properties within this overlay;
(2) 
Encourage development that will not impede the values and aesthetics of the surrounding properties;
(3) 
Encourage the highest and best use of the property, recognizing the uniqueness of the land area affected;
(4) 
Encourage uses which are intended to enhance the economic viability of the area; and
(5) 
Allow for uses which are compatible with the surrounding area.
D. 
Permitted uses. The following uses shall be permitted in the Transportation and Distribution Node Overlay District:
(1) 
Transportation and distribution node facility, including warehousing as accessory to the main transportation and distribution node facility use.
(2) 
All structures and uses allowed in the High Tech District are also allowed in this overlay district.
E. 
Regulations. Further, except as specifically modified herein, all zoning regulations, including bulk regulations relating to the High Tech District as set forth in this chapter, apply to this overlay district.